HomeMy WebLinkAbout10. Police Mgmt MOU 2011-13
AGENDA MEMO
DATE
2011
:
July 12,
TO:
Mayor and Members of the City Council
FROM:
Office of the City Manager
By: Irma Youssefieh, Human Resources Director
SUBJECT: ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY POLICE MANAGEMENT
ASSOCIATION
RECOMMENDATION
That the City Council adopt the attached Resolution:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY POLICE MANAGEMENT ASSOCIATION (July 1, 2011 – June 30, 2013).
DISCUSSION
Staff has reached agreement with the Downey Police Management Association. This
Association represents the classifications of Police Captain and Police Lieutenant totaling
10 employees. The term of Agreement is from July 1, 2011 to June 30, 2013.
The negotiated Memorandum of Understanding contains a deferral of an authorized 4.25%
salary increase and a .5% increase to education incentive pay for the second consecutive
year to June 25, 2012. There are no additional salary increases or benefit
enhancements. In addition to the contract term that aligns with the Downey Police
Officers’ Association MOU through June 30, 2013, the MOU contains the provision to
increase the Kaiser HMO Medical Plan co-pay as soon as practicable once the City has
reached agreement with all affected bargaining units to implement this benefit reduction.
The 24-month contract has been ratified by the Association membership. The negotiated
provisions are consistent with the City’s initiative to reduce personnel costs during an
uncertain economy.
The new MOU is a product of a labor negotiation process involving the Downey Police
Management Association and representatives of City management. This process was
completed in accordance with State law and the City’s Personnel Rules and Regulations.
Fiscal Impact:
There are no increased costs. This is the second year of an authorized
salary increase with a cost of approximately $143,087 which has been deferred by the Police
Management Association resulting in cost savings to the City.
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CITY OF DOWNEY, CALIFORNIA
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY POLICE MANAGEMENT ASSOCIATION (July 1, 2011 – June
30, 2013).
WHEREAS
, the City has met its obligation to meet and confer pursuant to the Myers-
Milias-Brown Act and Employee Relations Ordinance No. 1118; and
WHEREAS
, the City and the Association have reached agreement; and
WHEREAS
, the City and the Association have memorialized the agreement in a written
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS
:
SECTION 1.
The Memorandum of Understanding between the City of Downey and the
Downey Police Management Association, attached hereto, is hereby approved in substantially
the form thereof together with any additions thereto or changes therein deemed necessary or
advisable by the City Manager.
SECTION 2.
The Human Resources Director is authorized to sign the Memorandum of
Understanding.
SECTION 3.
The City Clerk shall certify to the adoption of this Resolution.
th
APPROVED AND ADOPTED
this 12 day of July, 2011.
________
LUIS H. MARQUEZ, Mayor
ATTEST:
JOYCE E. DOYLE, Interim City Clerk
I HEREBY CERTIFY
that the foregoing Resolution was adopted by the City Council of the
th
City of Downey at a regular meeting held on the 12 day of July, 2011 by the following vote,
to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
________________________
JOYCE E. DOYLE, Interim City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF DOWNEY
AND
THE DOWNEY POLICE MANAGEMENT ASSOCIATION
July 1, 2011 – June 30, 2013
MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF DOWNEY
AND
THE DOWNEY POLICE MANAGEMENT ASSOCIATION
ARTICLE NO. TITLE OF ARTICLE PAGE NO.
I RECOGNITION 1
II NON-DISCRIMINATION 1
III BASIC COMPENSATION PLAN 2
Section 1. Salary Increases 2
Section 2. Salary Ranges 2
Section 3. Eligibility for Merit Salary Advancement 2
Section 4. Merit Longevity 3
Section 5. Education Incentive Pay 3
Section 6. Court Time/Call in Pay 4
Section 7. Uniform Allowance 5
Section 8. Standby Compensation – Weekend 5
Section 9. Bilingual Pay 5
Section 10. Acting Captain Pay 5
Section 11. Certificate Pay 5
IV WORK WEEK 6
Section 1. Regular Work Week 6
Section 2. Regular Work Week Schedule 6
Section 3. Changes in Regular Work Week Schedule 6
V OVERTIME (COMPENSATORY TIME) 6
Section 1. Compensation for Overtime 6
Section 2. Overtime Policy 6
Section 3. Exclusions 6
VI HOLIDAYS 7
Section 1. Holidays 7
Section 2. Holidays Provided 8
VII VACATION 8
Section 1. Accruals 8
Section 2. Accrual Limits 8
Section 3. Accrual Calculation 8
Section 4. Accrual Upon Separation from Employment 8
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VIII LEAVES OF ABSENCE 9
Section 1. Leaves of Absence Without Pay 9
Section 2. Notice of Return to Work 9
Section 3. Outside Employment While on Leave 9
Section 4. Sick Leave 9
Section 5. Emergency Leave 11
Section 6. Workers’ Compensation Injury on Duty 11
Section 7. Employee Disability Leave 11
Section 8. Military Leave 12
Section 9. Jury Duty 12
Section 10. Executive Leave 13
IX FRINGE BENEFIT ADMINISTRATION 13
Section 1. Administration 13
Section 2. Selection and Funding 13
Section 3. Changes 13
X MEDICAL, DENTAL, AND LIFE INSURANCE 13
Section 1. Medical Insurance 13
Section 2. Employee Waiver of Medical Coverage 14
Section 3. Dental Insurance 14
Section 4. Life Insurance 15
Section 5. Long-Term Disability Insurance 16
XI RETIREMENT 16
Section 1. CalPERS Coverage 16
Section 2. 3% @ 50 Retirement Formula Benefit 16
Section 3. Employee’s CalPERS Contribution 16
Section 4. Retiree Medical Annuity 16
XII TUITION REIMBURSEMENT 18
Section 1. Reimbursement Rates 18
XIII PROBATIONARY PERIOD 18
Section 1. Length of Probation/Extensions 18
Section 2. Process for Retention/Termination 18
Section 3. First of the Month 18
XIV SENIORITY 19
Section 1. Definition 19
Section 2. Probationary Employees Excluded 19
Section 3. Layoff and Recall 19
Section 4. Bumping Rights 19
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XV CITY RIGHTS 19
Section 1. Management Rights 19
Section 2. Impact of Management Rights 20
Section 3. Health and Safety 20
XVI EMPLOYEE ORGANIZATION RIGHTS AND 20
RESPONSIBILITIES
Section 1. Dues Deductions 20
Section 2. Indemnification 21
XVII NO STRIKE – NO LOCKOUT 21
Section 1. No Job Action 21
Section 2. No Lockout 21
Section 3. Consequence for Prohibited Conduct 21
Section 4. Suspension of Employee Organization Rights 21
Section 5. Association Responsibility 21
Section 6. Hold Harmless 21
XVIII GRIEVANCE PROCEDURE 22
Section 1. Grievance 22
Section 2. Conduct of the Grievance Procedure 22
Section 3. Grievance Steps 22
XIX MISCELLANEOUS 24
Section 1. Third Party Legal Actions 24
Section 2. Substance Abuse Policy 24
XX SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING 26
Section 1. Sole Source 26
Section 2. Inclusion of Other Rules and Regulations 26
XXI WAIVER OF BARGAINING DURING TERM OF THIS 26
AGREEMENT
XXII EMERGENCY WAIVER PROVISION 26
XXIII SEPARABILITY 27
XXIV TERM OF MEMORANDUM OF UNDERSTANDING 27
XXV RATIFICATION AND EXECUTION 27
EXHIBIT A 28
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MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY POLICE MANAGEMENT ASSOCIATION
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey,
the City of Downey (hereinafter called the “City”) has recognized the Downey Police
Management Association (hereinafter called the “Association”) as the majority representative of
sworn personnel members of the Downey Police Management Association including all
employees in classifications listed on Exhibit A, excluding all other personnel of the Police
Department. The City has recognized the Downey Police Management Association for the
purpose of meeting its obligations under the Meyers-Milias-Brown Act, Government Code
Section 3500 et seq, and the Employee Relations Ordinance of the City when City rules,
regulations or laws affecting wages, hours or other terms and conditions of employment are
amended or changed.
ARTICLE II
NON-DISCRIMINATION
Section 1
. The parties mutually recognize and agree to protect the rights of all
employees hereby to join and/or participate in protected Association activities or to refrain from
joining or participating in protected activities in accordance with the Employee Relations
Ordinance and Government Code Sections 3500 to 3511.
Section 2
. The City and the Association agree that they shall not discriminate against
any employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations. The City and the Association shall reopen any provisions of this Agreement for the
purpose of complying with any final order of a federal or state agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this Agreement in
compliance with State or Federal anti-discrimination laws.
Section 3
. Whenever the masculine gender is used in this Memorandum of
Understanding, it shall be understood to include the feminine gender.
Section 4
. The City and Association agree to comply with applicable State and Federal
laws and regulations regarding employment of the handicapped.
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ARTICLE III
BASIC COMPENSATION PLAN
Section 1Salary Increases
..
A. All employees covered by this Memorandum of Understanding shall receive the
following salary increases:
1. The four and one-quarter percent (4.25%) across the board salary increase
scheduled for June 27, 2011 is deferred to June 25, 2012.
Section 2Salary Ranges
.. Salary ranges shall be established to reflect the relative
value of classifications covered by this Memorandum of Understanding. The salary ranges will
have a spread of approximately twenty-two percent (22%) from the minimum to maximum
figures with no set steps in between.
A. Description of Schedules. The Pay Plan consists of a set of monthly salary
schedules. Each schedule is designated by a schedule number, as approved by Council
resolution.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a rate
which includes all forms of pay shall be computed by dividing twelve (12) times the monthly rate
by fifty-two (52) times the number of working hours per week (forty (40)).
Section 3Eligibility for Merit Salary Advancement
..
A. Progression Within the Salary Range. The minimum salary in the range would be
appropriate for a new employee who minimally satisfied job requirements. The top of the range
is reserved for employees who perform at the highest level of proficiency expected.
Employees, both upon appointment and during the course of their employment, may
receive any salary amount not to exceed the maximum of their range. Generally, a new
employee is not considered for a merit increase before twelve (12) months of employment.
Thereafter, employees will be reviewed for merit salary increases annually in conjunction with
the employee’s anniversary date. However, employees will not be considered for merit
increases after reaching the end of the respective salary range. Employees may be granted
merit salary adjustments more frequently than every twelve (12) months with prior City Manager
approval.
The sole consideration in the granting of merit increases shall be job performance as
indicated in a detailed corresponding Management Performance Evaluation Report. The
following shall apply in the granting of such merit salary increases.
1. Merit salary adjustments for Captains and Lieutenants shall be made upon
recommendation and approval of the Chief of Police.
2. Merit adjustments must be approved by the City Manager. The Chief of Police
will provide their evaluation and proposed merit adjustment to the City Manager
prior to giving it to the employee.
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3. The amount of merit salary adjustment shall be directly related to the
employee’s progress in satisfying performance expectations. Generally,
employees rated as having satisfactory performance will receive a minimum
increase of five and one-half percent (5.5%). Adjustments up to ten percent
(10%) within the salary range are permitted. Also, while salary adjustments will
normally involve increases, reductions may be made in instances of
unsatisfactory performance.
4. After an employee reaches the top of the salary range, the level of proficiency
appropriate to that salary rate must be maintained or the employee’s salary may
drop below the maximum. This may occur through a direct salary reduction or
the employee may not be granted increases which may be possible due to
adjustments in the range.
5. Salary ranges for Police Captain and Police Lieutenant shall be adjusted at such
time as the City grants cost-of-living adjustments to the rank-and-file employees
unless the City Council directs to the contrary. The amount of such cost-of-
living adjustments granted to the management classifications will be no less
than that granted to the Police Officers’ Association. In such instances where
salary ranges are increased for cost-of-living purposes, the individual employee
salaries will be increased in proportion to the amount of the range adjustment,
provided that for reasons of unsatisfactory performance an individual employee
may be denied such an adjustment. All salary range adjustments shall require
the adoption of a resolution by the City Council.
Section 4.Merit Longevity
.
A. Eligibility for Merit Longevity. Upon approval of the appointing power, Police
Lieutenants who have completed five (5), ten (10) and twenty (20) continuous years of service
with the City of Downey may receive merit longevity pay adjustments as follows. Effective
December 23, 2002, years of service served as a POST certified Peace Officer in another
agency shall apply toward longevity eligibility as though earned in Downey.
Service Compensation Adjustment
5 years One-half (.5) step above the monthly base rate (2.75%)
10 years One (1) step above the monthly base rate (5.5%)
20 years One and one-half (1.5) steps above the monthly base rate
(8.25%)
Section 5Education Incentive Pay
.. Employees covered by this Agreement shall
receive additional compensation at the following rates upon attainment of the applicable
educational level.
A. Effective June 29, 2009, six percent (6.0%) shall be added to an employee’s base
rate of pay for an Associate’s degree and/or an Intermediate Peace Officers Standards and
Training (POST) Certificate. A one-half percent (.5%) increase that was scheduled for June 27,
2011 is deferred to June 25, 2012 for a total of six and one-half percent (6.5%).
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B. Effective June 29, 2009, nine and one-half percent (9.5%) shall be added to an
employee’s base rate of pay for a Bachelor’s degree or Advanced POST Certificate. A one-half
percent (.5%) increase that was scheduled for June 27, 2011 is deferred to June 25, 2012 for a
total of ten percent (10.0%).
C. Degrees stated above may be substituted by equivalent college units. Equivalent
Bachelor's degree units must be one-half (.5) lower division and one-half (.5) upper division of
the total units required for the degree.
Section 6Court Time/Call in Pay
..
A. Court time is time required to be spent by Police Lieutenants in response to a
subpoena, a coroner’s inquest, a hearing or trial on a civil action on behalf of the City, or
criminal case at a time other than that regularly required of such employee for his employment,
for the purpose of testifying as to knowledge acquired in the course of his employment with the
City. This definition shall apply to subpoenas issued for taking of depositions. Employees who
are off duty on sick leave benefits, as described in Article VIII, Section 4, of this Agreement, or
Workers’ Compensation as described in Article VIII, Section 6, or when testifying at any
grievance, City Council or other hearing on behalf of himself, another employee or the
Association, shall not accrue additional time or compensation as court time.
B. Compensation for Court Time. Any off duty Police Lieutenant shall be compensated
at the rate of time and one-half (1.5) as follows:
1. Criminal Witness: He shall be paid at the applicable hourly rate or with the
approval of the Chief of Police he may in lieu of pay accumulate any portion of
his court time and take an equivalent leave of absence. The accumulation of
court time to be used as leave of absence shall be limited to the number of
hours earned that have not otherwise been compensated at the employee’s
applicable hourly rate of pay.
2. Civil Witness (in line of duty): Any such officer shall receive his regular salary
(and expenses, if any) for time at court and to and from court while testifying in
any civil case on behalf of the City.
3. Payments: Payments under this Section shall be on the regular payday following
such court appearance. The Chief of Police shall make a report to the Director
of Finance prior to each pay date, listing the employees earning benefits under
this Section. Such report shall indicate the court time each employee earned in
the previous pay period and whether he has elected to receive equivalent time
as leave of absence pay when appearing as a witness.
4. Standby Compensation: Minimum standby time for court assignments shall be
compensated at the rate of time and one-half (1.5) as follows:
a. Two (2) hours pay for the morning standby.
b. Two (2) hours pay for the afternoon standby.
c. If the employee is called into court, or called in for duty, he shall be paid
three (3) hours or the actual number of hours in court or worked whichever
is greater.
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Section 7.Uniform Allowance
.
A. Required uniforms of Police Management personnel which become worn may, at the
discretion of the Chief of Police, be surveyed and replaced as necessary. The Chief of Police
shall permit maximum discretion of the employees in the selection of items of the uniform
provided, however, that the officer shall meet uniform standards within ten (10) working days
after notice.
B. Effective July 1, 2005, employees covered by this Memorandum of Understanding
will receive one hundred seventy-five dollars ($175.00) annually payable the first payroll period
in July for the purpose of maintaining their uniforms. Uniforms shall be maintained in
accordance with Section 5.0 of the Manual of the Downey Police Department.
Section 8Standby Compensation - Weekend
..
A. Duty Chief Compensation - Police Captains. A Police Captain designated by the
Chief of Police to be a weekend duty chief or to be on standby from 5:00 p.m. on Friday to 8:00
a.m. on Monday, shall be compensated for standby time by receiving fifteen (15) hours
compensatory time. Any Police Captain who is designated to be the Duty Supervisor or to be
on standby during a holiday (defined as the time period starting with the end of the shift prior to
the holiday to the beginning of the shift following the holiday), shall be compensated by
receiving five (5) hours compensatory time. Police Captains may request to have accrued
compensation time cashed out.
B. Duty Supervisor - Police Lieutenants. A Police Lieutenant who is designated by
management to be the Duty Supervisor or to be on standby from 5:00 p.m. on Friday to 8:00
a.m. on Monday shall be compensated for standby time at fifteen (15) hours compensatory time.
Any Police Lieutenant who is designated to be the Duty Supervisor or to be on standby during
a holiday (defined as the time period starting with the end of the shift prior to the holiday to the
beginning of the shift following the holiday, shall be compensated by receiving five (5) hours
compensatory time.The Duty Supervisor designated by management to be on standby shall be
required to carry a beeper and answer all calls from the department in a timely manner.
Section 9Bilingual Pay
.. Effective December 30, 1999, employees required to speak
or translate Spanish as part of their regular duties will be compensated forty-six dollars and
fifteen cents ($46.15) per bi-weekly pay period in addition to their regular salary. The Chief of
Police has the authority and discretion to assign and/or remove this bonus up to budget
authority. To be eligible for this assignment, the employee must pass a conversational
examination administered by a certified interpreter or an employee who has been certified by
the Human Resources Director to administer such examination. An employee must recertify at
least every eighteen (18) months to maintain his eligibility for this pay.
Section 10Acting Captain Pay
.. A Police Lieutenant is eligible to receive five and
one-half percent (5.5%) additional compensation when assigned to serve in an acting capacity
as a Police Captain. The department shall not fill a vacant Captain position with an Acting
Captain for more than thirty (30) calendar days. Serving in an acting capacity shall not be used
as a basis for, or in support of, a request for reclassification.
Section 11Certificate Pay
.. Upon ratification of this Memorandum of Understanding,
employees covered by this Agreement shall receive one and two-hundredth percent (1.02%)
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additional compensation if the employee has been awarded the POST Police Management
Certificate.
ARTICLE IV
WORK WEEK
Section 1Regular Work Week
.. The regular work week for all employees covered by
this Agreement shall be forty (40) hours per week.
Section 2Regular Work Week Schedule
.. In order to provide for the public safety and
efficiency of operation, the Chief of Police shall have the authority to allocate resources and
establish work schedules of employees in work periods of five (5) or four (4) days. For sworn
personnel, the regular work week shall consist of four (4) ten-hour work days with lunch
included. If, in the opinion of the Chief of Police, restructuring of the regular work day or work
week becomes necessary for the purpose of promoting efficiency, nothing herein shall be
construed as preventing the Chief of Police from restructuring the regular work day or week of
individual employees.
Section 3Changes in Regular Work Week Schedule
.. If, in the opinion of the Chief
of Police, it should become necessary to establish schedules departing from the regular work
day or work week, the Chief of Police shall give written notice of such change as far in advance
as is reasonably practical. If the change is other than on an individual basis, the City shall meet
and confer with the Association regarding the impact of the decision prior to implementing a
general change.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1Compensation for Overtime
.. All authorized overtime for employees shall
be paid at time and one-half (1.5) the regular hourly rate of pay for such employees. Overtime
shall be paid on all hours worked in excess of forty (40) hours in the employee's work week and
for all hours worked in excess of a regular shift.All paid leave shall be counted as hours
worked.Employees may elect to accumulate compensatory time in lieu of taking overtime pay.
The City shall pay off all compensatory hours in excess of three hundred (300) hours as of
st
February 1 of each year.
Section 2Overtime Policy
.. It is the policy of the City that overtime work is to be
discouraged. However, in cases of emergency or whenever public interest or necessity
requires, any department or division head may require any employee in such department or
division to perform overtime work. The projects and types of work for which overtime may be
authorized shall be approved in advance by the City Manager; except, in the event of
emergency, overtime may be authorized by the Chief of Police or his designee.
Section 3Exclusions
.. Police Captains are specifically excluded from overtime
compensation of any type.
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ARTICLE VI
HOLIDAYS
Section 1Holidays
.. Employees covered by this Agreement shall receive eleven (11)
holidays each year, which shall be compensated as follows:
PERSONNEL ON A 10-HOUR SHIFT
A. If an employee is required to work on a scheduled holiday, he will receive the ten
(10) hours of holiday pay. In addition, the employee will receive fifteen (15) hours of
compensation for having worked on the holiday. The fifteen (15) additional hours of holiday
compensation may be taken in the form of compensatory time off.
B. If a scheduled holiday falls on the employee’s regular day off, he will receive ten (10)
hours of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off,
he will receive ten (10) hours of holiday pay for the day off and no additional compensation.
PERSONNEL ON A 9-80 SCHEDULE
A. If an employee is required to work on a scheduled holiday that falls on a regularly
scheduled work day, he will receive the nine (9) hours of holiday pay. In addition, the employee
will receive thirteen and one-half (13.5) hours of compensation for having worked the holiday.
The thirteen and one-half (13.5) additional hours of holiday compensation may be taken in the
form of compensatory time off.
B. If a scheduled holiday falls on the employee’s regular day off, he will receive nine
(9) hours of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off,
he will receive nine (9) hours of holiday pay for the day off and no additional compensation.
D. If the holiday falls on the scheduled eight-hour day, the eight (8) hour shift benefit
described below shall apply.
PERSONNEL ON AN 8-HOUR SHIFT
A. If an employee is required to work on a scheduled holiday; he will receive the eight
(8) hours of holiday pay. In addition, the employee will receive twelve (12) hours of
compensation for having worked on the holiday. The twelve (12) additional hours may be taken
in the form of compensatory time off.
B. If a scheduled holiday falls on an employee’s regular day off, he will receive eight
(8) hours of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off,
he will receive eight (8) hours of holiday credit for the day off and no additional compensation.
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Section 2Holidays Provided
.. The eleven (11) holidays are as follows:
1. New Year’s Day
2. Martin Luther King Birthday
3. Washington’s Birthday (President’s Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran’s Day
8. Thanksgiving Day
9. Day After Thanksgiving
10. Day Before Christmas
11. Christmas Day
ARTICLE VII
VACATION
Section 1Accruals
.. Police management employees covered by this Agreement shall
accrue vacation leave with pay on the following scheduled basis:
Years of Service Hours per Year
0-5 120
6-10 136
11+ 160
Section 2Accrual Limits
..Vacation shall be taken at the convenience of the City with
the approval of the Chief of Police. Where possible, such vacation should be taken annually
and not accumulated from year to year. All eligible employees, however, shall be allowed to
accumulate two (2) years allowance of vacation. If the employee is prohibited by the supervisor
from taking the employee’s vacation because of manpower shortages or operational needs, the
employee shall be paid all vacation in excess of two (2) years at the rate earned at the time the
employee would have taken his vacation. All accumulated vacation in excess of two (2) years
shall be taken off within ninety (90) days at a time mutually agreeable to both the supervisor and
the employee.
Section 3Accrual Calculation
.. Vacation shall be accrued on a monthly basis by
dividing twelve (12) into the number of hours per year to which the employee is eligible to
receive based upon the employee’s years of service with the City.
Section 4Accrual Upon Separation from Employment
.. When an employee who is
entitled to receive vacation under this Article separates from City service, either by retirement,
permanent layoff, or termination, the employee shall be paid for unused earned vacation at the
hourly rate of pay in effect at the time of separation. An employee must work the last full pay
period of the month in which they separate employment to receive the accrual for that month.
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ARTICLE VIII
LEAVES OF ABSENCE
Section 1Leaves of Absence Without Pay
.. The City Manager and/or the City
Council may grant a permanent employee a leave of absence for a specific purpose without pay
for a period not to exceed up to one (1) year. No such leave shall be granted except upon
written request of the employee. Approval shall be in writing and a copy filed with the Human
Resources Office of the City. Upon expiration of a regularly approved leave, the employee shall
be reinstated in the position held at the time the leave was granted. The employee shall report
promptly upon the expiration of any leave granted. Failure to report within a twenty-four (24)
hour period after expiration of the leave shall be considered a voluntary resignation, provided
that the employee may appeal this automatic termination through the grievance procedure as
though it were a non-voluntary termination. Except as may be provided by law, no employment
or fringe benefits such as, but not limited to, sick leave, vacation, health insurance, retirement or
any other benefit shall accrue to any employee during leave of absence without pay.
Section 2Notice of Return to Work
..An employee on leave of absence must give the
City at least seven (7) days written notice of the employee’s intent to return to work.
Section 3Outside Employment While on Leave
..An employee who engages in
outside employment during said leave of absence without prior approval of the City Manager
shall be subject to termination. Any employee who falsified a reason for the request for said
leave of absence or any extension of such leave of absence may be terminated for falsifying
such request.
Section 4Sick Leave
..
A. Sick leave shall be defined as absence from duty due to inability to work because of
illness or off-the-job injury, or exposure to contagious diseases as evidenced by certification
from an accepted medical authority.
B. Sick leave shall be accrued at the rate of ten (10) hours per month. Sick leave shall
not be considered as a privilege that an employee may use at his discretion but shall be allowed
only in case of necessity and actual sickness or disability. Unused sick leave shall be accrued
at the rate of one hundred twenty (120) hours per year without limit on accumulation.
C. In order to receive compensation while absent on sick leave, the employee shall
notify a designated supervisor at least one-half (.5) an hour prior to the start of designated duty.
In all instances, if an employee is incapacitated, notification shall be waived until a reasonable
period has elapsed. For any such absence, the employee shall file a written statement with the
City Manager stating the cause of the absence. When the absence is for three (3) work days or
more, the Chief of Police may require a physician’s certificate verifying inability to work before
said leave shall be approved by the City Manager.
D. The right to benefits under the sick leave plan shall continue only during the period
that the employee is employed by the City. This plan shall not give any employee the right to be
retained in the service of the City, or any right of claim to sickness disability benefits after
separation from the service of the City.
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E. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason
of injuries or disability received as a result in engaging in employment other than employment
by the City for monetary gain or other compensation, or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment.
F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City’s physician, and if the results of the
examination indicate the employee is unable to perform his duties, or in the performance of his
duties exposes others to infection, the employee shall be placed on sick leave without privilege
of reinstatement until adequate medical evidence is submitted that the employee is competent
to perform his duties or will not subject others to infection. Any employee so examined shall
have the right to submit the reports of a competent medical authority of his own selection, and at
his own expense, in addition to the report submitted by the City physician. In the event of a
conflict of opinion and/or recommendation of the two physicians, a third physician shall be
selected by the first two physicians and the final decision shall be made by the City Manager
based upon the medical evidence submitted to him.
G. Sick Leave Deposit at Retirement. Upon retirement of an eligible employee, one
hundred percent (100%) of the employee’s unused accumulated sick up to the maximum
amount of nineteen hundred (1,900) hours shall be deposited into the City Retirement Health
Savings Plan.
H. Accrued sick leave shall be valued for the purpose of Section G above for employees
hired on or after June 30, 1974, only on the following basis:
1. Sick leave earned on or after July 1, 1974, shall be calculated at the rate
prevailing at the end of the fiscal year in which it was earned.
2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided, however, when an employee takes sick leave, the employee
shall receive for each day of sick leave one (1) day's pay at the employee's rate of
pay in effect at the time of taking sick leave. For covered employees hired prior to
June 30, 1974; and/or retirees with twenty (20) years of City service, or retirees
with a physical disability, or a psychological disability resulting from a direct
consequence of a violent act, sick leave shall be converted at the prevailing rate.
I. Employees who have accrued three-hundred sixty (360) hours of sick leave may
convert each two (2) hours of accumulated sick leave to one (1) additional hour of vacation,
providing that not more than eighty (80) hours of additional vacation days may be so converted
in any one (1) fiscal year. Employees who have made conversions during the past two (2)
years may reverse the conversions made for those years provided that the employee has
sufficient vacation hours.
J. Sick Leave Payoff Upon Layoff. In the event of a permanent or indefinite layoff, an
employee with ten (10) years of continuous service with the City shall be entitled to the benefit
as specified in G above. If such employee resigns after receiving official notification of his
impending layoff, he shall be eligible for the above benefit.
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Section 5 Emergency Leave
..
A. An employee who is absent from work by reason of attendance to member(s) of the
immediate family, whose incapacitation requires the care by such employee, or death in the
immediate family of the employee, may be allowed emergency leave with pay not to exceed
six (6) work days per incident on the basis of one-half (.5) work day for each month of
regular employment, which is deducted from accumulated sick leave. Immediate family
shall include and be limited to mother, father, brother, sister, spouse, child, current in-laws,
and grandparents of any eligible employee of the City.
B. For absences under this Section exceeding a total of three (3) working days in any
six (6) month period, a physician’s certificate verifying the leave basis may be required by the
City Manager or Chief of Police All such claims for emergency leave are subject to verification
by the City Manager.
Section 6Workers’ Compensation Injury on Duty
.. Employees covered by this
Agreement shall be entitled to all rights provided under Section 4850 of the Labor Code.
Section 7Employee Disability Leave
..
A. An employee that has at least one (1) year of continuous service with the City and
who has exhausted all accrued leave (vacation, sick-leave, comp time) due to non-industrial
illness or injury can be advanced sick leave time at the rate of seventy-five percent (75%) of the
employee’s regular salary according to the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. Application for disability leave shall be made by the employee to the City Manager
through the Chief of Police, accompanied by full medical justification from a physician chosen by
the City at the direction of the City. Failure to submit to such an examination shall be a basis for
terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing.
C. After the employee returns to work, the employee shall reimburse the City for the
value of the advanced sick-leave time by having the employee’s sick leave accrual for sick-
leave reduced by one-half (.5) of the time used for such employee disability leave at a minimum
rate of one-half (.5) day of sick leave per month or may contribute vacation leave to accelerate
the employee's reimbursement to the City for providing the benefits under this Article.
D. When the value of the advanced sick-leavehas been reimbursed as set forth
above, the employee shall be eligible to apply for additional disability leave; provided that no
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employee shall receive more than the "total" set forth above for his length of service, during his
entire employment with the City.
E. Grounds for termination of disability leave by the City Manager shall include, but not
be limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The leave is being used as a pre-retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information-mat and
submitting to any examination requested by the City to determine the existence
or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled to
end employment with the City and has not completed the reimbursement schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
Section 8Military Leave
.. Military Leave shall be granted in accordance with the
provisions of state and/or federal law. All employees entitled to military leave shall give the
appointing power an opportunity, within the limits of military regulations to determine when such
leave shall be taken.
Section 9Jury Duty
.. The City will not provide release time for jury duty to employees
covered by this Agreement. If the State and/or Federal Court Jury Commissioners rescind their
present policy of granting exemptions from jury service to persons who do not receive paid
release time for jury duty from their employers, so as to require jury duty service despite the
absence of such pay from their employer, then the City’s practice of providing paid leave time to
employees for jury duty shall be reinstated immediately upon the effective date of such change
for the applicable State and/or Federal Court.
A. In the event that an employee is called for jury duty and wishes to serve, accrued
vacation leave, compensatory time or a leave of absence without pay shall be granted subject to
the scheduling requirements of the City.
B. In the event that the court fully reimburses the City for the full salary of an employee
on jury duty, the City will immediately reinstate the practice of providing paid release time to
employees for jury duty.
C. In the event that an employee is called for jury duty and the court does not excuse
jury service based on the non-payment of salary by the employer, the City shall grant said
employee paid release time for the required jury duty.
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Section 10Executive Leave
.. Police Captains and Police Lieutenants are eligible for
ten (10) hours of Executive Leave each four (4) months. This leave should be used within the
specified time. This leave may not be carried forward from one (1) calendar year to another.
ARTICLE IX
FRINGE BENEFIT ADMINISTRATION
Section 1Administration
.. The City reserves the right to select the insurance carrier
or administer any fringe benefit programs that exist during the term of this Memorandum of
Understanding except dental insurance.
Section 2Selection and Funding
.. In the administration of the fringe benefit
programs, the City shall have the right to select any insurance carrier or other method of
providing coverage to fund the benefits included under the terms of this Memorandum of
Understanding, provided that the benefits of the employees shall be no less than those in
existence as of the implementation of this Agreement.
Section 3Changes
.. If, during the term of this Memorandum of Understanding, any
change of insurance carrier or method of funding for any benefit provided hereunder occurs, the
City shall meet with and discuss the matter prior to any change of insurance carrier or method of
funding the coverage.
ARTICLE X
MEDICAL, DENTAL AND LIFE INSURANCE
Section 1Medical Insurance
.. The City shall continue to contribute to a medical
benefit package for the employees at one hundred percent (100%) of the premium specified by
the carrier during the life of this Agreement. If an employee dies in the line of duty, the surviving
spouse and eligible dependents shall be able to continue coverage by paying the appropriate
premium.
A. Effective November 1, 2000, the City agrees to add to the Kaiser Permanente HMO
Plan the benefit of eyeglass lenses every twenty-four (24) months with a seventy dollar ($70.00)
frame allowance.
B. The City and the Association agree that once an agreement is reached with all
affected bargaining units to change the Kaiser Permanente HMO Plan co-pay from five dollars
($5.00) to ten dollars ($10.00), such change shall be implemented on the first of the month
following authorization by Kaiser Permanente.
C. Citywide Medical Committee - A Committee, consisting of one (1) representative
appointed from each Employee Association will be created for the purpose of studying the City
Medical plans with the goal of reducing the cost of the plans and developing improved retiree
medical benefits. No changes to the existing health benefits will be made without written
approval of both parties.
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Section 2Employee Waiver of Medical Coverage
.. The City agrees to permit an
employee to waive City-sponsored e medical coverage as follows:
A. The employee presents written proof to the Human Resources Office that he and his
qualified dependent(s) is covered by another non-City-sponsored medical plan; and
B. The employee notifies the City on his election to waive medical coverage upon hire
or during the open enrollment period.
The City agrees that an employee who is qualified to waive coverage shall receive
eighty-one dollars ($81.00) per month if waiver eligibility is for “employee only” coverage; one
hundred sixty-two dollars ($162.00) per month if waiver eligibility is for “employee plus one”
coverage; or two hundred twenty-nine dollars ($229.00) per month if waiver eligibility is for
“family” coverage. The employee may elect to have the eligible amount added to the employee's
paycheck or be applied to the City's deferred compensation plan.
If an employee waives City-sponsored medical coverage, but that employee’s medical
insurance is through another City employee’s insurance plan, the employee waiving coverage
shall be compensated as follows:
1. If the withdrawing employee is covered by a relative who is enrolled in the City
Plan health insurance, the employee shall receive eighty-one dollars ($81.00) per
month, regardless of his or her level of coverage (single, two-party, or family)
prior to waiver of coverage;
2. If the withdrawing employee is covered by a relative who is enrolled in the City’s
Kaiser Permanente HMO medical plan, the employee waiving coverage shall be
paid according to the following table:
Employee A Employee B Monthly Waiver Amount
Single Single $ 81.00
Single Emp + 1 $ 81.00
Single Emp + 2 $ 81.00
Emp + 1 Emp + 1 $ 162.00
Emp + 1 Emp + 2 or more $ 162.00
Emp + 2 or more Emp + 2 or more $ 229.00
Section 3Dental Insurance
.. The City will continue to make a maximum contribution
of thirty-one dollars and ninety-five cents ($31.95) per month per employee for dental insurance
coverage. Effective January 1, 2006 (benefit year 2006), the City agrees to increase the
maximum benefit under the Delta Dental coverage from one thousand dollars ($1,000.00) to two
thousand dollars ($2,000.00) for each enrollee per calendar year. The City agrees to absorb
any increase in cost and the association agrees that the employee’s contribution will continue to
be thirty-seven dollars and fifty-two cents ($37.52) per month. The City and Association agree
that the City’s contribution amount will be capped at the amount equal to the premium to be
effective July 1, 2007 minus the employee contribution of thirty-seven dollars and fifty-two cents
($37.52). For the Delta Dental rate that will be effective July 1, 2008 and each year thereafter,
the City shall calculate the City and employee contribution as follows: In May of each year, the
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City shall calculate the overall premium increase based on claims experience, administrative
fees and an industry trending projection. The difference between the City contribution in effect
at the time of the rate calculation and thirty-one dollars and ninety-five cents ($31.95) will be
multiplied by the percent of the overall premium rate increase from the year before. The number
will then be added to the previous City contribution to become the new City contribution. The
new amount will be communicated to all employees during the open enrollment period in the
month of June.
An example of the calculation is shown below:
Current City $31.95
Current Employee $37.52
Total $69.47
As of July 1, 2006
Increase for new cap $10.00
Current
rate Increase New Amts
New City $ 31.95 $ 10.00 $ 41.95
New Employee $ 37.52 $ 37.52
Total $ 79.47
As of July 1, 2007
Increase in costs $ 10.00
New City $ 41.95 $ 10.00 $ 51.95
New Employee $ 37.52 $ 37.52
Total $ 79.47 $ 89.47
As of July 1, 2008 New Amts
% increase 5% $ 93.94
Cap cost Increase
New city $ 51.95 $ 20.00 $ 1.00 $ 52.95
New Employee $ 37.52 $ 40.99
Total $ 93.94
As of July 1, 2009
% increase 5% $ 98.64
New City $ 52.95 $ 21.00 $ 1.05 $ 54.00
New Employee $ 40.99 $ 44.64
Total $ 98.64
Section 4Life Insurance
.. Police Captains and Police Lieutenants shall be provided
with group term life insurance in an amount equal to one times annual earnings up to
$100,000.00 full annual salary.
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Section 5Long-Term Disability Insurance
.. Police Captains and Police Lieutenants
shall be provided with group Long-Term Disability insurance coverage.
ARTICLE XI
RETIREMENT
Section 1California Public Employees’ Retirement System (CalPERS) Coverage
..
Employees covered by this Agreement participate in the California Public Employees’
Retirement System (CalPERS). Employee options are described in a contract between the City
of Downey and CalPERS.
Section 23% @ 50 Retirement Formula Benefit
. . Effective July 23, 2001, the City
amended its contract with CalPERS to implement the benefits of Government Code Section
21362.2 to provide the 3% @ 50 retirement formula.
Section 3Employee’s CalPERS Contribution
.. In accordance with existing practice
and Government Code Sections 20636 (c)(4), and 20691, the City will pay the employee’s
CalPERS member contribution equal to nine percent (9%) and report this contribution as
compensation earnable referred to as reporting the value of Employer Paid Member
Contribution (EPMC) as special compensation.
Section 4Retiree Medical Annuity
.. An employee who retires from the City of Downey
shall be entitled to participate in the City sponsored medical plans; for employees who retire
after July 1, 1987, the City shall contribute up to a maximum of ninety-eight dollars ($98.00) per
month toward the premium for employee only coverage under the City sponsored medical
plans; and for employees who retire after July 1, 2002, the City shall contribute up to a
maximum of two hundred dollars ($200.00) per month toward the premium for employee and
dependents; and for employees who retire after July 1, 2003, the City shall contribute up to a
maximum of two hundred thirty-five dollars ($235.00) per month toward the premium for
employee and dependent; and for employees who retire after July 1, 2004, the City shall
contribute up to a maximum of two hundred seventy dollars ($270.00) per month toward the
premium for employee and dependents provided:
A. At the time of retirement the employee has a minimum of ten (10) years of service, or
is granted a service-connected disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been
granted a retirement allowance by CalPERS.
D. The City's obligation to pay said monthly contributions shall be modified downward or
cease during the lifetime of the retiree upon the happening of any one of the following:
1. During any period the retiree is eligible to receive or receives health insurance
coverage at the expense of another employer the payment will be suspended.
"Another employer" as used herein means private employer or public employer
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or self-employed or the employer of a spouse. As a condition of being eligible to
receive the premium contribution set forth above, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving any such
paid health insurance benefits from another employer. If it is later discovered
that misrepresentation has occurred, the retiree will be responsible for
reimbursement of those amounts inappropriately expended and the retiree's
eligibility to receive benefits will cease.
2. If the retiree becomes eligible to enroll, automatically or voluntarily, in Medi-Cal
or Medicare, the City's plan shall provide secondary coverage only and the City's
contribution rate set forth above shall be adjusted downward accordingly.
3. In the event the Federal government or State government mandates an employer
funded health plan or program for retirees, or mandates that the City make
contributions toward a health plan (either private or public plan) for retirees, the
City's contribution rate set forth above shall be first applied to that plan. If there
is any excess, that excess may be applied toward the City medical plan as
supplemental coverage provided the retiree pays the balance owing for such
coverage if any.
4. Upon the death of the retiree, the monthly contributions shall cease. The
surviving spouse shall be able to continue coverage by paying the appropriate
premium.
E. Medical Reimbursement Eligibility. Effective the start of the first calendar quarter
following City Council ratification of a new Memorandum of Understanding beginning July 1,
2008, a retiree covered by this Section, who no longer resides in a location served by Kaiser (or
the City’s HMO provider, if Kaiser is no longer the HMO provider), may withdraw, effective at the
end of a calendar quarter from eligibility to participate under a City-sponsored medical plan. In
such a case, the retiree may seek medical reimbursement from the City in the amount equal to
of the City’s contribution toward the premium of the City-sponsored medical plan (the retiree’s
medical annuity amount) by submitting to the City proof of payment for alternate health
insurance coverage. The City will reimburse the retiree on a quarterly basis provided that
satisfactory proof of alternative insurance coverage has been provided and that the insurance
premium amount for the alternate insurance plan is greater than the City’s contribution amount
(the retiree’s medical annuity amount). In the event that the insurance premium amount for the
alternate insurance plan is less than the City’s contribution amount, then the City will reimburse
an amount equal to the insurance premium. Once a retiree withdraws from eligibility to
participate in a City-sponsored medical plan for coverage under an alternate insurance plan, the
retiree may not re-enroll in a City-sponsored medical plan.
Medical reimbursement will cease upon the occurrence of any of the following:
1. The retiree fails to submit appropriate proof of payment for alternate medical
insurance coverage with sixty (60) days of the end of the reimbursement quarter.
2. The death of the retiree.
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F. It is understood and agreed that the annual amount contributed by the City to fund
the Retiree Medical Annuity on behalf of the employees, shall be included as an item of
compensation in total compensation survey comparisons.
ARTICLE XII
TUITION REIMBURSEMENT
Section 1Reimbursement Rates
..With prior approval of the City Manager,
employees may be reimbursed for tuition and books for courses taken to improve their value to
the City. Tuition shall be reimbursed for courses as recommended by the Chief of Police with
job related justification and approved by the City Manager, with quarterly reports to the City
Council including the names of individuals, their positions and the courses taken. Employees
must receive a passing grade in order to be reimbursed for the course. Reimbursement shall be
made at the rate of tuition charged at California State University at Los Angeles for courses on
the quarter system, and California State University at Long Beach for courses on the semester
system. The employee will be reimbursed for required books only.
ARTICLE XIII
PROBATIONARY PERIOD
Section 1Length of Probation/Extensions
.. An original appointment will be tentative
and subject to a probationary period of not less than eighteen (18) months, except that the City
Manager may extend the probationary period for a class up to an additional six (6) months or for
a marginal employee for up to an additional three (3) months. The promotional appointment will
be tentative and subject to a probationary period of not less than twelve (12) months. Should
the appointing authority desire to terminate any probationary employee, the appointing authority
shall notify such employee not later than two (2) weeks prior to the end of the probationary
period.
Section 2Process for Retention/Termination
..If the service of the probationary
employee has been satisfactory to the appointing authority, then the appointing authority shall
file with the Personnel Officer a merit rating including a statement, in writing, to such effect and
stating that the retention of such employee in the service of the City is desired. In the case of
an original appointment, if such a statement is not filed, the employee will be deemed to be
unsatisfactory and his employment terminated at the expiration of the probationary period. In
the case of a promotional appointment, the employee shall be reinstated to the position from
which he was promoted.
Section 3First of the Month
..All probationary periods shall extend to the first day of
the month following the period of probation.
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ARTICLE XIV
SENIORITY
Section 1Definition
.. Seniority is defined as the length of an employee’s continuous
service within rank from his last date of promotion, and shall apply in the manner and to the
extent set forth in the remainder of the Article.
Section 2Probationary Employees Excluded
.. Probationary employees shall have
no seniority rights, but shall acquire seniority from his last date of hire upon completion of his
probationary period.
Section 3Layoff and Recal
.l. Seniority shall apply between employees in a rank for
purposes of layoff and recall.
Section 4Bumping Rights
.. An employee who is subject to layoff pursuant to this
Section may exercise his seniority in the next lower rank within the Police Department provided
that the employee has satisfactorily held the same position in the rank in which the employee
seeks to exercise seniority. The employee with the earliest promotion date to that rank will be
considered to have seniority for that position.
ARTICLE XV
CITY RIGHTS
Section 1 Management Rights
..The City reserves, retains, and is vested with, solely
and exclusively, all rights of management which have not been expressly abridged by specific
provisions of the Memorandum of Understanding or by law to manage the City, as such rights
existed prior to the execution of this Memorandum of Understanding. The rights of
management, as they are not abridged by this Agreement or by law, shall include, but not be
limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the necessity and organization of any service or activity conducted by
the City and expand or diminish services.
C. To determine or change the nature, manner, means, and technology, types of
equipment and extent of services to be provided to the public.
D. To determine or change methods of financing.
E. To determine and/or change the facilities and size of the work force by which the City
operations are to be conducted.
F. To determine and change the number of locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions.
G. Establish and/or change work schedules and/or work assignments in accordance
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with this Agreement and existing departmental rules, regulations and procedures.
H. To relieve employees from duties for lack of work or lack of funds.
I. To establish and modify productivity and performance programs and standards and
to require compliance therewith.
J. To discharge, suspend, demote or otherwise discipline permanent non-probationary
employees for proper cause.
K. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Memorandum of Understanding.
L. To determine policies, procedures and standards for selection, training and
promotion of employees.
M. To maintain order and efficiency in its facilities and operation.
N. To establish and promulgate and/or modify rules and regulations to maintain order
and safety in the City which are not in contravention with this Agreement.
O. To take any and all necessary actions to carry out the mission of the Agency in
emergencies.
Section 2Impact of Management Rights
..Except in emergencies, or where the City
is required to make changes in its operations because of the requirements of law, whenever the
exercise of management’s rights shall impact on employees of the bargaining unit, the City
agrees to meet and confer with representatives of the Association regarding the impact of the
exercise of such rights, unless the matter of the exercise of such rights is specifically provided
for in this Memorandum of Understanding or in Personnel or Departmental Rules and
Regulations and/or salary resolutions of the City which are incorporated by this reference in this
Agreement.
Section 3Health and Safety
.. The City shall not exercise any of the foregoing rights in
an arbitrary, capricious or invidiously discriminatory manner as to injure the health and/or safety
of the employees.
ARTICLE XVI
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES
Section 1Dues Deductions
.. The City shall deduct dues on a regular basis from the
pay of all employees in the classifications and positions recognized to be represented by the
Association who voluntarily authorize such deduction, in writing, on a mutually agreed upon
form to be provided for this purpose. The City shall remit such funds to the Association within
thirty (30) days following their deduction.
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Section 2Indemnification
.. The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions or lawsuits arising out of the deduction
or transmittal of such funds to the Association, except the intentional failure of the City to
transmit to the Association monies deducted for the employees pursuant to this Article.
ARTICLE XVII
NO STRIKE - NO LOCKOUT
PROHIBITED CONDUCT
Section 1No Job Action
..The Association, its officers, agents, representatives and/or
members agree that during the term of this Agreement they will not cause or condone any
strike, walkout, slowdown, sick-out, or any other job action by withholding or refusing to perform
services.
Section 2No Lockout
..The City agrees that it shall not lockout its employees during
the term of this Agreement. The term “lockout” is hereby defined so as not to include the
discharge, suspension, termination, layoff, failure to recall or failure to return to work of
employees of the City in the exercise of its rights as set forth in any of the provisions of this
Agreement or applicable ordinance or law.
Section 3Consequence for Prohibited Conduct
..Any employee who participates in
any conduct prohibited in Section l above shall be subject to termination by the City.
Section 4Suspension of Employee Organization Rights
..In addition to any other
lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith,
to perform all responsibilities listed below in Association Responsibility, Section 5, the City may
suspend any and all of the rights and privileges, accorded to the Association under the
Employee Relations Resolution in this Memorandum of Understanding including, but not limited
to, suspension of recognition of the Association, grievance procedure, right of access, check-off,
the use of the City’s bulletin boards and facilities.
Section 5Association Responsibility
.. In the event that the Association, its officers,
agents, representatives, or members engage in any of the conduct prohibited in No Job Action,
Section 1 above, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Memorandum of Understanding and unlawful,
and they must immediately cease engaging in conduct prohibited in Section l above and return
to work.
Section 6Hold Harmless
.. If the Association performs all of the responsibilities set
forth in Association Responsibility, Section 5 above, its officers, agents, representatives or
members shall not be liable for damages for prohibited conduct performed by employees who
are covered by this Agreement in violation of Section l above.
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ARTICLE XVIII
GRIEVANCE PROCEDURE
Section 1Grievance
.. Grievance shall be defined as a dispute between the
Association, employee or employees and the City, regarding interpretation or application of
specific provisions of this Memorandum of Understanding and departmental rules and
regulations or as an appeal of a disciplinary action.
Section 2Conduct of the Grievance Procedure
.. An employee may request the
assistance of another person of his own choosing in preparing and presenting his grievance at
any level of review, or may be represented by a recognized employee organization or may
represent himself.
A. Any retroactivity on monetary grievances shall be limited to ninety (90) days prior to
the date that the grievance was filed, in writing, except in cases where it was impossible for the
employee to have had prior knowledge of an accounting error.
B. All time limits specified may be extended to a definite date by mutual agreement of
the employee or his Association representative, and the decision-making Management
representative involved at each step of the grievance procedure. Such mutual agreement shall
be evidenced in writing and signed by the employee or Association representative and
management representative.
Section 3Grievance Steps
.. Grievance procedure shall provide for the following
steps:
Step One. Informal Procedure
. An employee must first attempt to resolve a grievance
without delay through discussion with a supervisor on an informal basis. The grievance shall
begin at the level of supervision that ultimately took the action that resulted in the grievance. If,
after such discussion, the employee does not believe the problem has been satisfactorily
resolved, he shall have the right and obligation to discuss it with his supervisor’s immediate
superior, if any, and through the chain of command to the Chief of Police if necessary. Every
effort shall be made to find an acceptable solution by these informal means at the most
immediate level of supervision. At no time may an informal process go beyond the Chief of
Police. In order that this informal procedure may be responsive, all parties involved shall
expedite this process.
In no case may more than fourteen (14) calendar days elapse from the date of the
alleged incident or action giving use to the grievance or fourteen (14) calendar days from the
date the employee should have reasonably known about the alleged incident and the first
meeting with the supervisor discussed in this section. The employee shall have up to seven (7)
additional days for each level of supervision; however, the time shall not be cumulative. Failure
to meet any of these time lines shall mean that the grievance shall be barred and waived.
Appeals of disciplinary action begin one (1) level of supervision above the supervisor taking
the disciplinary action. Terminations are appealed directly to the Grievance Hearing (Step
Four).
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Step Two Formal Procedure
.. If the grievance is not resolved through the informal
process and the employee has complied with all time limits, then the employee shall have the
right to file the grievance in written form and present it to the Chief of Police within ten (10)
calendar days from the decision or completion of the informal process. The written grievance
shall state all facts plus the specifics of the alleged dispute. Failure of the employee to take
action within the time limit set forth above will constitute termination of the grievance.
The Chief of Police shall review the written material submitted by the employee and may
require the employee’s supervisor and/or superior officers to submit written material regarding
this grievance. Copies of these materials will be given to the employee prior to meeting with the
Chief of Police. The Chief of Police shall render a decision and comments in writing that shall
be given to the employee within ten (10) calendar days of the meeting between the employee
and the Chief of Police.
Step ThreeEmployee Relations/Human Resources Director.
. If the grievance is not
resolved in Step Two, the employee may within ten (10) calendar days present the grievance in
writing to the Employee Relations/Human Resources Director for processing. Failure of the
employee to take this action will constitute termination of the grievance. In the event the
employee is not being represented by a recognized employee organization, the Employee
Relations/Human Resources Director shall forward the grievance to the designated
management representative who shall attempt to resolve the grievance with the employee. If
the employee is being represented by a recognized employee organization, the Employee
Relations/ Human Resources Director shall convene a joint meeting of the recognized employee
organization and management representative who shall attempt to resolve the grievance. In the
event the grievance is not satisfactorily adjusted or settled through discussion at this level, both
parties shall advise each other, in writing, as to their respective positions.
Step Four.Grievance Hearing.
If the grievance is not resolved in Step Three, the
employee may, within ten (10) calendar days of the receipt of the written position from
management representatives, present a “request for hearing” in writing to the Human
Resources Director. Failure of the employee to take this action will constitute termination of the
grievance. The Human Resources Director shall request from the State Mediation and
Conciliation Service, or mutually agreed upon alternative organization, a list of seven (7) neutral
hearing officers. In the event that the parties cannot agree upon a mutually acceptable hearing
officer from the list of seven (7), the parties shall alternately strike names from the list, with the
City striking the first name. The identity of the last remaining individual on the list will be
selected as the hearing officer.
The hearing officer shall preside over a full and fair evidentiary hearing and, within thirty (30)
calendar days of its conclusion, render a written decision that includes findings of fact and a
recommendation to the City Manager. That decision shall be served jointly upon the grieving
party and the City Manager
Step Five. City Manager’s Decision.
Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the final administrative decision.
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ARTICLE XIX
MISCELLANEOUS
Section 1Third Party Legal Actions
.. Third Party Legal Actions Against Police
Captains and Police Lieutenants. If a determination is made by the department that the
employees involved have met the condition that the action given rise to the legal proceeding
was taken by the employees during the course and scope of the employees’ employment
without malice and in the apparent best interest of the City, the City shall afford legal
representation to the employees in any civil or criminal process. The choice of attorney shall be
made by the majority vote of the Police Chief, City Manager, and employees. The Police Chief,
City Manager and the employees shall each have one (1) vote for a maximum total of three (3)
votes.
Section 2Substance Abuse Policy
.. The City of Downey and the Association have a
vital interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co-workers and the citizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. “On the job” means while on City premises, at work locations, or while on duty or
being compensated on an “on call status.”
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological well being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol-free work environment benefits Downey’s employees and
citizens.
The purpose of this section is to define the City’s drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers that are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system. Reasonable
suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor
to suspect that an employee is under the influence of drugs or alcohol so that the employee’s
ability to perform the functions of the job is impaired or so that the employee’s ability to perform
his job safely is reduced.
C. Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and shall give
the employee a copy. The employee shall be given an opportunity to provide additional facts.
An employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in drug screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
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screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples,
or other body fluids, will be collected in a system which includes methods or mechanisms
designed to assure the integrity of the sample. The facility used for testing shall be certified by
the National Institute on Drug Abuse and comply with established guidelines for “chain of
custody” to insure that identity and integrity of the sample is preserved throughout the collecting,
shipping, testing and storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected substance
or to otherwise explain, if he so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked
that they may cause significant drowsiness or impair an employee’s performance. An employee
shall notify his supervisor, before beginning work, when taking such medications or drugs. In
the event there is a question regarding an employee’s ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his employment. Employees should be aware, however, that a request for assistance through
the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations, the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a “Last Chance
Agreement.”
1. It is the City’s intent to use the EAP option for first offenders except the City
reserves the right to discipline for those offenses which are a significant
violation of City/department rules and regulations or where violation did or
could have resulted in serious injury or property damage.
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ARTICLE XX
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1Sole Source
..It is the intent of the parties hereto that the provisions of this
Memorandum of Understanding shall supercede all prior agreements and memorandums of
understanding, or memorandums of agreement, or contrary salary and/or personnel resolutions
and ordinances of the City, oral or written, expressed or implied, agreements between the
parties or understandings between the parties, and shall govern their entire relationship and
shall be the sole source of any and all rights which may be asserted hereunder. This
Memorandum of Understanding is not intended to conflict with Federal or State Law.
Section 2Inclusion of Other Rules and Regulations
..Notwithstanding the
provisions of Section 1 above, there exists within the City of Downey, certain personnel
resolutions, ordinances, and departmental rules, regulations and procedures. To the extent that
this Memorandum does not specifically contravene provisions of these personnel resolutions,
ordinances, and departmental rules, regulations and procedures; these personnel resolutions,
ordinances, and departmental rules, regulations and procedures are specifically incorporated
herein.
ARTICLE XXI
WAIVER OF BARGAINING
DURING TERM OF THIS AGREEMENT
During the term of this Memorandum of Understanding, the parties mutually agree that
they will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions
of employment, whether or not covered by this Memorandum or in the negotiations leading
thereto and irrespective of whether or not such matters were discussed or were within the
contemplation of the parties hereto during the negotiations leading to this Memorandum.
Regardless of the waiver contained in this Article, the parties may, however, by mutual
agreement, in writing, agree to meet and confer about any matters during the term of this
Memorandum.
ARTICLE XXII
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire,
flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of
this Memorandum of Understanding or the Personnel Rules or Resolutions of the City, which
restrict the City’s ability to respond to these emergencies, shall be suspended for the duration of
such emergency. After the emergency is over, the Association shall have the right to meet and
confer with the City regarding the impact on employees of the suspension of these provisions in
the Memorandum of Understanding and any Personnel Rules and policies.
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ARTICLE XXIII
SEPARABILITY
Should any provision of this Memorandum of Understanding be found to be inoperative,
void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
ARTICLE XXIV
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on July 1, 2011 and
shall continue in full force and effect until June 30, 2013.
ARTICLE XXV
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Agreement shall not be in full force
and effect until ratified by the Association and adopted by the City Council of the City of
Downey. Subject to the foregoing, this Agreement is hereby executed by the authorized
th
representatives of the City and the Association and entered into this 12 day of
July, 2011.
CITY OF DOWNEY: THE DOWNEY POLICE MANAGEMENT
ASSOCIATION:
By: _______ By:
Irma Youssefieh, Human Resources Director James Heckel, Police Captain
By:
Dean Milligan, Police Lieutenant
By:
By:
Approved as to form:
_________________________________
Yvette M. Abich Garcia, City Attorney
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EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE DOWNEY POLICE MANAGEMENT
ASSOCIATION
Police Captain
Police Lieutenant
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