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HomeMy WebLinkAboutResolution No. 3433 RESOLUTION NO. 3433 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE DOWNEY POLICE OFFICERS ASSOCIATION FOR THE FISCAL YEARS 1977 -78 AND 1978 -79 THE CITY COUNCIL OF THE CITY OF DOWNEY RESOLVES AS FOLLOWS: SECTION 1. In accordance with Article II, Chapter 7 of the Downey Municipal Code, the Memorandum of Understanding of July 1, 1977 between the City of Downey and the Downey Police Officers Association, a copy of which is attached hereto and made a part hereof, is approved. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall provide for appropriate distribution thereof. APPROVED AND ADOPTED this 26th day of Jul , , 1977. . d , "Ri ar • M. Jennings Mayor L, ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF DOWNEY I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Downey, held on the 26th day of July , 1977, by the following vote, to wit: AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings NOES: 0 Council Members: None ABSENT: 0 Council Members: None„-- 79 V City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS ASSOCIATION ARTICLE I RECOGNITION Pursuant to the provisions of the Employee Relations Resolution No. of the City of Downey, the City of Downey (hereinafter called the "City ") has recognized the Downey Police Officers Association as the majority representative of sworn personnel members of the Downey Police Officers Association including lieutenants, sergeants, patrolmen, senior identification technician and identification technicians, excluding all other personnel of the Police Department. The City has recognized the Downey Police Officers Association for the purpose of meeting its obligations under the Meyers - Milias -Brown Act, Government Code Section 3500 et. seq. and the Employee Relations Resolution of the City when City rules, regulations or laws affecting wages, hours or other terms and conditions of employment are amended or changed. -1- ARTICLE II NON DISCRIMINATION Section 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and /or parti- cipate in protected Association activities or to refrain from joining or participating P artici atin in protected activities in accordance with the Employee Relations Resolution 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 and provisions of this Agreement for the purpos e of complying with any final order of a federal or state agency or court of competent juris- diction 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 feminie gender. -2- ARTICLE III BASIC COMPENSATION PLAN Section 1. The salaries for employees covered by this Memorandum of Understanding are attached hereto and incorporated hereinby as referenced by Exhibit A. Section 2. The Plan of Salary Schedules. A. Description of Schedules. The Pay Plan is attached to this Memorandum of Understanding as Exhibit A and consists of a set of monthly salary schedules. Each of such schedules is designated by a schedule number. Each schedule consists of five (5) steps of monthly compensation, each of which is designated by step letter. 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. Section 3. Eligibility for Merit Salary Advancement. A. Eli ibility for Salar ft ^ ems' Increase. (1) Salary step increases shall be considered on a merit basis only, and then only at the following times, and in accordance with subsection B below. (2) All full time appointments shall be made at the first step of the salary schedule assigned that class, unless prior written approval of the City Manager is obtained for appointments at a higher step in the assigned schedule. (3) No salary advancements shall be made so as to exceed the maximum rate established in the salary schedule for 3 - 7 r f 1 1 " • .� ... • . the class to which the employee's position is allocated. B. Qualification for Salary Step Advancement. (1) Advancement shall not be automatic but shall be based upon merit, dependent upon increased service value of an employee to the City as exemplified by recommendations of his supervisor, length of service, performance record, special training under taken, and other objective evidence. (21 Only employees rated as meeting the standard of fully effective work performance shall be qualified to advance to the salary steps (B), (C), and (D). (31 Only employees rated as surpassing the standard of work performance expected of City employees shall be qualified to advance to the salary step (E). C. Merit Evaluation. (1) Every employee shall receive an objective, written job performance rating, no sooner than three (3) weeks before, no later than five (5) working days before the date of eligibility for each salary step, merit longevity or hourly increase, and annually there- after, and upon a change of employment status. Nothing in this Section shall prohibit the department head or authorize a supervisor from giving an additional objective rating to an employee between those periods of time described in this Section. AIMMENNN (21 An employee shall receive a rating from that level of supervisor having immediate knowledge of the employee's performance. This rating shall be reviewed by the department head. If an employee -4- } • does not receive a merit increase due to the performance evaluation, the employee may appeal through the Grievance Procedure. If an employee can show that other employees have received merit increases and have received substantially the same performance evaluation within the last twelve (1 months of that being appealed, that fact shall be sufficient to support the appeal. Section 4. Salary Schedule Step Reduction. Whenever an employee's work performance falls below the level for which a step increase was granted, an employee's authorized pay may be reduced to the employee's previous step rate under written procedures established by the City for demotions and reductions In pay. Section 5. Merit Longevity. A. Eligibility for Merit- Longevity. Upon approval of the appointing power, permanent employees who have completed ten (10) continuous years of highest quality service may be paid, in addition to their respective regular prescribed salary, a monthly amount equal to one full step (5z %) above their monthly base rate. After twenty (20) years, an employ ee shall receive one and one -half (1 a 1 steps above their monthly base rate. B. Qualification for Merit Longevity. Merit longevity is to be provided as a continuing incentive to career employees. Such payment . shall continue, with approval of the City Manager, onll during such period as an eligible employee continues to perform the highest quality of public service, as evidenced by performance ratings regularly submitted by the appointing power to the City Manager, -5- and shall be terminated at any time by the City Manager when the quality of service as evidenced by the performance rating such employee does not merit such additional compensation. In order to terminate merit longevity the police chief shall have the burden of establishing that said employee does not warrant additional compensation. Section 6. Education Incentive Pay. Sworn police personnel receiving their police officers' standards and training certificates prior to July 1, 1970, shall receive additional compensation at the following rates upon attainment of the applicable educational level. A. 2 -3/4% per month for Associate in Arts Degree or intermediate police officers standards and training certificate. B. 52% per month for Bachelors Degree or advanced police officers standards and training certificate earned on at least the basis of ninety (90) educational and training points (including fifteen (15) college accredited units) plus nine (9) years of law enforcement experience. • Sworn personnel receiving their police officers standards and training certificates after July 1, 1970 shall be required to obtain the following certification and educational standing to be eligible to the above incentive pay: C. ' 2- 3/4% per month for intermediate police officers — standards and training certificates, reflecting a sophomore standing, or Associate in Arts Degree upon completion of recruit academy training. D. 51%o per month for advanced police officers standards 6- V II 3 and training certificates including a minimum of forty -five (45) college credit units and provided at least fifteen (15) college accredited units are for junior or higher level courses, or a Bachelors Degree upon completion of recruit academy training. The City Manager may approve substitute training equal to the above standards. The "college" standings referred to are as defined by Los Angeles State College for the Quarter system and Long Beach State College for the Semester system. The "police officers standards and training certificate" referred to above, indicate levels of achievement in°'effect on July 1, 1970, except as modified above. Regardless of future changes in police officers standards and training requirements, the above levels are the minimum qualifications for receiving educational incentive pay. Educational incentive pay is based upon individual achievement and is not based upon rank. Section 7. Firearms Training and Marksmanship Programs. Sworn personnel of the police department who may be called upon to use firearms in the performance of their duty shall: A. As directed by the police chief, fire the prescribed combat or target course once a month for a minimum of ten (10) months per fiscal year. In addition to the required number of courses, the police chief may require a minimum point qualification for both combat and target courses, which he deems necessary to insure _7- f • f proficiency of such employee and may require any such employee who within the past year has not attained the minimum point qualification to take additional firearms training. This Section does not restrict personnel action by the police chief. B. Receive additional compensation for each month of marksmanship as herein, provided. Such additional compensation shall be in the following amounts and based on the following scale of proficiency as demonstrated on the approved firearms target type courses. The police chief shall designate the type of course and score necessary to qualify under the following categories: DESIGNATION SCORE SHOOT PAY Marksman 300-339 $ 2. 00 per month Sharpshooter 340 -359 4,00 per month Expert 360-379 8. 00 per month Master 380-394 16. 00 per month Super Master 395 -400 20. 00 per month An employee shall receive the additional compensation only for the six -month (6) period immediately following his demonstration of proficiency has herein provided to the satisfaction of the police chief and the certification of such proficiency to the Director of Finance. The police chief shall determine the firearms course. The determination of the police chief on all scoring is final and conclusive. Section 8. Court Time. A. Court time is time required to be spent by safety members of the police division in response to subpoena, a coroner's inquest, or a hearing or trial on a civil action on behalf of the City, -8- . s • .� al • . or a 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 IX, Section 4, of this Agreement or Workers' Compensation as described in Article IX, Section 7, or when testifying at any grievance, City Council or other hearing on behalf of himself, any other employee or the Association, shall not accrue additional time or compensation as court time. 13. Compensation for Court Time. Any safety member of the police department shall be compensated for court time as follows: (I) Criminal Witness: He shall be paid at the applicable hourly rate or with the approval of the police chief, 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 for which such member has not been otherwise compensated at the member's applicable hourly rate of pay. (2) Civil Witness (In Line of Duty): Any such officer shall receive his normal salary (and expenses, if any) from his employer 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 pay -date following such court appearance. -9- 1 ; y i • The police chief shall make a report to the Director of Finance prior to each pay -date, listing the member's earning benefits under this Section. Such report shall indicate the court time each member earned iri 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 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.he shall be paid the above minimum or actual number of hours in court or which ever is greater. Section 9. Hazard and Bonus Pay. A. Investigators. The chief of police shall have the authority and discretion to designate and /or remove, any police officer as an investigator up to budget authority. Police officer s designated and assigned as investigat ors shall receive 110 per month as additional compensation above their regular scheduled rate of pay, while being assigned as investigator. B. Motorcycle Officers. The police chief shall have the authority and the discretion to designate and /or remove, any police officer as a motorcycle officer up to budget authority. Police officers who are designated and assigned as motor officers shall receive a motor officer bonus of 11 ,o per month above the officer's -14.• 1 regular rate of pay while the officer is assigned on a full time basis to ride a two -wheel (2) motorcycle. Any police officer who is designated and assigned by the chief of police as a motorcycle officer to ride on a full -time basis a three -wheel (3) motorcycle, shall receive 52% per month above the officer's regular scheduled rate of pay. The number of officers on any shift, designated as motorcycle officers either to ride a two -wheel (2) or three -wheel (3) motorcycle, shall not exceed the number of motorcycles of that category actually in use on that shift. C. Assignment Removal Appeal. The removal of an officer from an assignment shall be subject to the Grievance Procedure. Section 9. Uniform Allowance. Required uniforms of sworn police personnel which become worn may, in the discretion of the police chief, be surveyed and replaced as necessary up to a budget limit of $180, 00 per officer per year. The police chief 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. -10a- • ARTICLE: IV WORK WEEK • The regular work week for all employees covered by this Agreement shall be forty (40) hours per week. -11- h' • !`ry s • ARTICLE V • OVERTIME ( COMPENSATORY TIME) Section 1. Compensation for Overtime. All authorized overtime for employees shall be paid at time and one -half the regular hourly rate of pay for such employee. 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 normal shift. Employees may elect to accumulate up to 140 hours of compensatory time in any one year in lieu of taking overtime pay, provided that the pay is accumulated at the rate earned. Section 2. It is the policy of the City that overtime work is to be discouraged. However, in cases of emergency or whenever public interests 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 is 'authorized by the department head or his designate. Section 3. Emergency Service Condition. In the event of a declared emergency or national or state disaster in the City of Downey the City shall not be required to pay overtime. Regardless of any of the provisions of this Memorandum of Understanding, employees shall not be entitled to receive overtime during the first seven (7) calendar days of the severe emergency or disaster. -12- ARTICLE VI HOLIDAYS Section 1. Employees covered by this Agreement shall receive eleven (11) days pay each year, which shall be paid at the overtime rate of time and one -half times their base pay or by compensatory time off, subject to the 140 hours maximum • accumulation at the discretion of the City Manager. • - I., • •• .► .I • ARTICLE VII VACATION Section 1. Employees covered by this Agreement shall accrue vacation leave with pay on the following scheduled basis: Years of Service Hours per Year 0 -3 80 4 - 5 9 6 - 10 120 11 -15 136 16- 20 160 Section 2. Vacation shall be taken at the convenience of the City with the approval of the department head. 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 or her 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 super- visor and the employee. If at all possible the supervisor shall accommodate the employee's desires as to the taking of vacations. If the employee does not take the excess vacation time off within the ninety (90) days, the employee will forfeit this excess time. --14- • • 1 3 Section 3. When an employee who has become entitled • to receive vacation under this Article separates from City service, either by retirement, permanent layoff, or termination, the employee shall be entitled to be paid for unused earned vacation at the rate of P y a in effect at the time of separation. Section 4. 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 5. Employees who are separated from their employment with the City, after completion of the probationary period, shall be paid all accrued vacation at the employee's current vacation schedule and hourly rate. The employee shall be entitled to be paid for accrued vacation for each full month of service worked by the employee during the employee's employment with the City. Section 6. In the event any employee works 15 days or more but less than a full month, he shall be entitled to receive one -half (2) of their monthly vacation accrual. An employee who works less than 15 days shall not be entitled to receive any vacation accrual proration for the last month worked. -15- _ : • . ARTICLE VIII LEAVES OF ABSENCE Section 1. Leaves of Absence Without Pay. The City Manager 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. The City Council may grant a permanent employee a leave of absence for a specific purpose, without pay, not to exceed 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 personnel 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. Employee shall report promptly upon the expiration of any leave granted. Failure to report within a twenty -four (24) hour period after expiration of leave shall be cause for discharge. 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 2. 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 3. 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 falsifies a reason for the request for said leave of absence or any extension of such leave of absence, may be terminated for falsifying -16- 7 • N !) i a. _ . such request. Section 4. Sick Leave. A. Sick leave shall be defined as absence from duty because of illness or off the job injury, or exposure to contagious deceases as evidenced by certification from an accepted medical authority. B. Sick leave shall be paid to covered employees at the rate of one (1) work day per month of service. Sick leave shall not be considered as a privilege which 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 accumulated at the rate of twelve (12) work days per year without accrual limitation. C. In order to receive compensation while absent on sick leave, the employee shall notify a designated supervisor prior to or within half ( an hour of the time set for beginning 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 (31 work days or more, the department head concerned may require a physician's certificate stating the cause of absence 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 -17- r . benefits after separation from the services of the City. 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 of engaging in employ- ment 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 medical examiner, 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 sub- mitted 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 medical examiner. In the event of a conflict of opinion and/Or recommendation of the two examiners, a third examiner shall be selected by the first two examiners and the final decision shall be made by the City Manager based upon the medical evidence submitted to him. - 1 8- s • r • G. Covered employees shall be paid fifty (50) percent of any sick leave at his death or retirement, up to a maximum of ninety (90) days pay for a hundred and eighty (180) days accumulation. 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 prior to June 30, 1974, shall be costed at salary rates in effect on June 30, 1974. (2) Sick leave earned on or after July 1, 1974 shall be costed at the rate prevailing at the end of the fiscal year in which it was earned. (3) 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 in effect at the time of taking sick leaver For covered employees hired prior to June 30, 1974, sick leave • shall be costed at the rate earned at retirement. I. Employees who become entitled to accrue sick leave allowance which has not beeen used, may convert each two (2) days of accumulated sick leave to one (1) additional day of vacation, after having accumulated eighty (80) days of sick leave and providing that not more than five (5) days of additional vacation days may be so converted in any one (1) fiscal year. Section 5. Emergency Leave. A. Any employee who is absent from work by reason of attendance upon members of the immediate family whose incapacitation -19- • requires the care of 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 ( -) 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 -month (6) period, a physician's certificate verifying the leave basis may be required by the City Manager or department head. C. All such claims for emergency leave are subject to verification by the City Manager. Section 6. Workers' Compensation Injury on Duty. Employees covered by this Agreement shall be entitled to all rights provided under Section 4850 of the Labor Code. Section 7. Employee Disability Leave. A. This Section establishes a d_sability leave plan at seventy -five (75) percent of the base salary for employees having more than one (1) year continuous service with the City and who have exhausted all accumulated sick leave, vacation and compensatory time due to non - industrial illness or injury udder the following eligibility schedule: • -20- . EP • . Maximum Time Allowance (Working Days) Additional Before After Years of Service Reimbursement Reimbur s ernent Total 1 through 5 30 15 45 6 through 10 45 23 68 Over 10 60 30 90 B. Application for disability leave shall be made by the employee through the department head, to the City Manager, 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, in writing, of such approval. C. After the employee returns to work, the employee shall reimburse the City one -half (2) of the time used for such employee disability leave at a minimum rate of one -half (2) day of sick leave per month or may contribute vacation to accelerate employee's reimbursement to the City for providing the benefits under this Article. D. When the "maximum time allowance" has been re- imbursed as set forth above, the employee shall be eligible to apply for additional disability leave on the basis of one (1' day's leave for each half (F day reimbursed to the City; provided that no employee shall receive more than the "total" set forth above for his length of service, during his entire em ployment with the City. E. Grounds for termination of disability leave by City Manager shall include but not be limited to, the following reasons: -21- (1) The employee has recovered from his illness or injury. (2) The leave is being used as a preretirement 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 and submitting to any examination requested by the City to determine the existence or continuing nature of the employee's disability. Section 8. Optional Disability Plan. A. Purpose of Plan. The purpose of the optional disability plan is to provide each Association employee a fair opportunity and incentive to earn paid disability leave. B. Plan Eligibility. Any employee covered by this Memorandum of Understanding with a minimum accrued sick leave of sixty -four (64) hours may elect participation in this plan as here- in provided. C. Plan Periods. Plan periods shall be from July through June, commencing July 1, 1976. D. Plan Contribution. If an employee has accrued sixty -four (64) hours sick leave or more during plan period, a maximum of twenty -five (25\ percent (one quarter c41) of such accrued sick leave hours shall upon participant's authorization be transferred annually to an individual disability account (an IDA). -22- The initial IDA contribution of a participant may be a maximum of twenty -five (25) percent of a hundred and twenty (120) or more of accrued sick leave hours recorded on the July, 1976 accrual report. The City shall concurrently credit to the same individual account an amount equal to the number of days authorized for transfer by the participant. All contributions are irrevocable, non - transferable and shall not be pooled. E. Plan Benefits. Plan benefits vest upon transfer to and shall be p aid exclusively from the IDA of each participant. Authorized plan benefits are payable only as continuation of full salary to the extent of the total IDA during any period of participant °disability. The participant shall reimburse the City twenty -five (25) percent (one quarter (4)) of all benefits paid under this Section. F. Plan Conditions. Participation in this plan is subject to the following specific conditions: (1) All plan benefits paid shall be subject to mandatory participant authorized payroll deductions. (2) The participant shall be eligible for employee disability leave or disability retirement, unless and until his /her IDA is exhausted. (3) The IDA of the participant lapses upon employment separation foi whatever reason. G. Plan Administration and Reports. The City shall administer this plan through the Director of Finance who shall: (1) Develop and maintain an appropriate plan accounting system. -23-- • M t: • • (2) Publish timely information, concerning the plan and notice of annual enrollment. (3) Provide adequate records and files on plan participation. (4) Provide annual IDA statements to each participant. Section 9. Military 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 10, Jury Duty. Employees who are called for jury duty shall be granted a leave of absence during the period of jury service. The City will pay the difference between the employee's compensation for jury duty and his regular rate of pay. Time served by an employee for jury service shall not be counted towards the computation of overtime pay and employee shall not receive overtime pay for participating in jury service. II I -24- • • ARTICLE a —! FRINGE BENEFIT ADMINISTRATION Section 1. Administration. 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 2. Selection 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 3. Changes. 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. - 25 - • 1 ARTICLE X HEALTH AND DENTAL INSURANCE Section 1. The City shall continue to contribute to a medical benefit package for the employees at 100% of the premium specified by the carrier during the life of the Agreement. At date of execution of this Memorandum of Understanding the premium costs are as follows: A. $30. 42 per month for employee only. B. $60. 84 per month for employee plus one (1' dependent. C. $86. 30 per month for employee plus two (2)or more dependents. Section 2. Effective January 1, 1979 the City shall contribute $12. 50 per employee per month for family dental plan to a plan to be selected by the Association. The Association shall notify the City in writing sixty '60` days in advance of January I, 1979 of the plan to be selected. -26- • r z • • ARTICLE XI RETIREMENT Section I. Employees covered by this Agreement participate in the Public Employees Retirement System. Employee options are described in a contract between the City of Downey and the Public Employees Re- tirement System. Section 2. 9% of base salary shall be applied to the employees' contribution towards retirement. - 27 - ' x 1 1 ARTICLE XII TUITION REIMBURSEMENT unmsrla Section 1. 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 department heads with job related justification and approved by the City Manager, with quarterly report 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 Los Angeles State College for courses on the semester system. Reim- ° bursement for books shall only be made if employees turn such books in to the Downey library system for use in the system. • • - 28 - • • . . • ARTICLE XIII PROBATIONARY PERIOD Section 1. 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 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 2. 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 unsatis - factory 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 3. All probationary periods shall extend to the first day of the month following the period of probation. Any probationary employee on a probational status who does not satisfactorily complete the probationary period shall be informed of the specific reasons therefore in writing. - 29 - ' OR • ARTICLE XIV CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this 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 with this Agreement and existing departmental rules, regu- lations and procedures. - 30 - • N I fi 1 - . • rd (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. (1) 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 action to carry out the mission of the Agency in emergencies. Section 2. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, when- ever 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 Union 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 and of the City which are incorporated by this reference in this Agreement. - 31 - • • t Section 3. 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. • -32- ' g • • ARTICLE XV EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY Section 1. Dues 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. Section 2. Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions 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. • - 33 - ARTICLE XVI NO STRIKE - NO LOCKOUT A. PROHIBITED CONDUCT Section 1. 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 2. 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 applic- r._ able ordinance or law. Section 3. Any employee who participates in any conduct pro- hibited in Section 1 above, shall be subject to termination by the City. Section 4. 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 B, Section 1, the City may suspend any and all of the rights, 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. B. A.SSOCiATION RESPONSIBILITY Section 1. In the event that the Association, its officers, agents, re- presentatives, or members engage in any of the conduct prohibited in A, Section 1 above, the Association shall immediately instruct any persons engaging in - 34 - � e 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 A, Section 1 above, and return to work. Section 2. If the Association performs all of the responsibilities set forth in Section 1 above, its officers, agents, representatives shall not be liable for damages for prohibited conduct performed by employees who are covered by this Agreement in violation of Section 1 above. - 35 - • s ARTICLE XVII GRIEVANCE PROCEDURE Section 1. Grievance. Grievance shall be defined as a dispute between the Association, employee or employees and the City, regarding inter- pretation or application of specific provisions of this Memorandum of Understanding and departmental rules and regulations. Section 2. Conduct 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 prier 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 repre- sentative. Section 3. Grievance procedure shall provide for the following steps: Step One - Informal Procedure. An employee must attempt first to resolve a grievance through discussion with his immediate super- visor without undue delay on an informal basis. If, after such discussion, 36 - b. • ' c - t 0, • • . . 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 his department head 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 department head concerned. In order that this informal procedure may be responsible, all parties involved shall expedite this process. . In no case may more than twenty -one (21) calendar days elapse from the date of the alleged incident or action giving rise to the grievance or 21 calendar days from the date the employee should have reasonably known about the alleged incident and the filing of a written grievance in Step Two, or the grievance shall be barred and waived. Step Two - Formal Procedure. If the grievance is not resolved through the informal process and not more than twenty -one (21) calendar days have elapsed from the date of the alleged incident or action giving rise to the grievance, employee shall have the right within seven (7) calendar days from the decision or completion of the informal process to file the grievance in written form and present it through channels to his immediate Management supervisor. The immediate Management supervisor shall discuss the grievance with the employee and shall render a decision and comments, in writing, and return them to the employee within seven (7) calendar days after receiving the grievance. Step Three - Department Head Response. If the grievance is not resolved in Step Two or if no answer has been received within seven (7) calendar days, from the presentation of the written grievance, the employee may, within seven (7) calendar days, present the grievance in writing to his department head. - 17 • . ♦ - Failure of the employee to take this action will constitute termination of the grievance. The department head shall further review and discuss the grievance with the employee and shall render its decision and comments, in writing, and return them to the employee within seven (7) calendar days after receiving the grievance. Step Four - Employee Relations - Personnel Officer. If the grievance is not resolved in Step Three or if no answer has been received within time limits established in Step Three, the employee may, within seven (7) calendar days, present the grievance in writing to the Employer Relations /Personnel Officer 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 Employer Relations /Personnel 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 Employer Relations /Personnel Officer shall convene a joint meeting of the recognized employee organization and Management representative who shall attempt to resolve the grievance. In the everit the grievance is not satisfactorily adjusted or settled through dis- cussion at this level, both parties shall advise each other, in writing, as to their . respective positions. Step Five - Personnel Advisory Board. If the grievance is not resolved in step four, the employee may, within seven (7) calendar days of the receipt of the written position from management representatives, present the grievance in writing to the Personnel Board for review. Failure of the - 38 - employee to take this action will constitute termination of the grievance. In the event the grievance is not satisfactorily adjusted or settled through discussion at this level, the Personnel Advisory Board shall submit a written recommendation to the City Manager for final determination. Step Six - Final Process - City Manager. If the grievance is submitted to the City Manager for review and settlement, the City Manager shall render a written decision to the parties within thirty (30) calendar days. The decision of the City Manager shall be final. 39 1 • • ARTICLE XVIII SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede 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 under- standings 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 2. 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 Agreement does not specifically contravene provisions of these personnel resolutions, ordinances and departmental rules, regulations and procedures are specifically incorporated herein. -40 - i 1 a ARTICLE XIX 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 matter during the term of this Memorandum. Notwithstanding the foregoing waiver, should the Consumer Price Index for the Los Angeles - Long Beach area (1967 base) for the period April 1977 through March 1978 be in excess of 8% computed on the 1967 base, the Association may re -open Article III Salaries and Article X Section 2, Dental Insurance by giving the City ten (10) days written notice of its intent to re -open these provisions of the agreement. - 41 - x ARTICLE XX 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 emer- gency, 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 sus- pended 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. -- 42 - b. 4 ARTICLE XXI 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. • -43 - • • ARTICLE XXII TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 3, 1977 and shall continue in full force and effect until June 30, 1979. . i - 44 - rf 1 ARTICLE XXIII 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 representatives of the City and the Association and entered into this 26th day of July , 1977. CITY OF DOWNEY: THE DOWNEY POLICE OFFICERS ASSOCIATION: BY: BY:�'''�/ A��.z' BY: :;di ;\N_. ; BY: - / - I , BY BY: BY: BY: BY: -45- . .0 . . . . .. - .. _ ea • • _ .. • i a • N y N • m 3 � 7 r, 2 r, T N C S N C S IV C S T rV "V !*► '+ 3 m ..• Z rn T C C7 • • CD v a) v r, m e v► m G m C -r 70 r X) r. X) r ••-• • rn m m c m , C . D -i - rn . •• V . t/f N N .-, -1 -+ 0 m C7 r, CC D m rn o (", 0 D m rn a r, 0 D rn F--. 1) 'fl - 17 • W .. N .J x • T S O O O . C C C x 7o x r r r Co v „ O a -< 11 v 11 0• a -< -.1 11 cr o O• -c • 11 w .0 v+ 70 , o v+ v r a) v w .o v ry 7 . 11 r r O• •O I O• r to CO Ni A r r o• .O to n -a A Co r -• co - - •• O• w O O• -- 1 Co r -• 0o r -+ n v v+ v► Os 'V m v A O •-• U r*1 • v, to P 11 11 rr - r m 1.1 • ►, * S CD c * . 1-+ rr r I * 1 1 1 1 . 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J w c rr M. r rr ra .4 f E rr c r 00 ry • -< n .O t- ry W co rn • • • x N -* t..4 x r D sn • IN 0 1t OT Cl -4 :t rn 'D r 0 • rn • rrr 3 111 0 i z cr' • -i C a 0 N rV N ry N r. 7 •si N r lr: --• -< Z A O• W 0 Ou O• v, r z • • • • • _' O, v, Cr c CO -- 1 CO -.I ry r ti r . -< r D n 111 W N N N r N p 40 , .l 0. -< Zs '.1 ^• 0` ry • co 00 On 0. --• X U 0* ..a 0 CO A • • • • • -1 . .-• 00 00 t r rn 0. r r 00 s - y 1r 1 r RESOLUTION NO. 3434 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE DOWNEY FIREMEN'S ASSOCIATION FOR THE FISCAL YEARS 1977 -78 AND 1978 -79. THE CITY COUNCIL OF THE CITY OF DOWNEY RESOLVES AS FOLLOWS: SECTION 1. In accordance with Article II, Chapter 7 of the Downey Municipal Code, the Memorandum of Understanding of July 20, 1977 between the City of Downey and the Downey Firemen's Association, a copy of which is attached hereto and made a part hereof, is approved. SECTION 2. The City Clerk shall certify to the adoption of this Resolution and shall provide for appropriate distribution thereof. APPROVED AND ADOPTED this 26th day of. July , 1977. / fir , 1 lc 4 c;p7 Ric and M. Je ngs, May ATTEST: 72/ -7 -.)// City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ss. CITY OF DOWNEY I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Downey, held on the 26th day of July , 1977, by the following vote, to wit: AYES: 5 Council Members: Miller, Greene, Jackman, Scotto, Jennings NOES: 0 Council Members: None ABSENT: 0 Council Members: None City Clerk • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMAN'S ASSOCIATION INDEX ARTICLE NO. TITLE OF ARTICLE PAGE NO. I RECOGNITION 1 II NON- DISCRIMINATION 2 III BASIC COMPENSATION PLAN 3 - 3a-5a-5b IV WORK WEEK 6 V OVERTIME (COMPENSATORY TIME) 7 - 10 VI HOLIDAYS 11 VII VACATION 12 - 13 VIII LEAVES OF ABSENCE 14 - 20 IX FRINGE BENEFIT ADMINISTRATION 21 X HEALTH INSURANCE 22 XI RETIREMENT 23 XII TUITION REIMBURSEMENT 24 • XIII PROBATIONARY PERIOD 25 - 26 XIV CITY RIGHTS 27 - 29 XV EMPLOYEE ORGANIZATION RIGHTS AND 30 RESPONSIBILITY XVI NO S I BIKE - NO LOCKOUT 31 32 XVII . GRIEVANCE PROCEDURE 33 - 36 XVIII SOLE AND ENTIRE MEMORANDUM'OF 37 UNDERSTANDING XIX WAIVER OF BARGAINING DURING TERM 38 OF THIS AGREEMENT XX EMERGENCY WAIVER PROVISION 39 (i) • ARTICLE NO. TITLE OF ARTICLE PAGE NO. XXI SEPARABILITY 40 >OCII TERM OF MEMORANDUM OF UNDER - 41 STANDING XXIII RATIFICATION AND EXECUTION 42 • • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY FIREMAN' S ASSOCIATION Pursuant to the provisions of the Employee Relations Resolution No. of the City of Downey, the City of Downey (hereinafter called the "City ") has recognized the Downey Fireman's Association (hereinafter called the "Association ") as the majority representative of all sworn fire department p personnel including, firefighter classification, engineer classification, and fire captain, and excluding all management employees of the Fire Department. -I - 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 accord- ance with the Employee Relations Resolution and Government Code Section 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 af- filiations. The City and the Association shall reopen any provi- sion of this Agreement for the purpose of complying with any final order of a federal or *state agency or court of competent jurisdic- tion requiring a modification or . change in any provision or provi- sions of this Agreement in compliance with state or federal anti- discrimination laws. . Section 3. Whenever the masculine gender is used in this Agreement, it shall be understood to include the feminine gender. • -2- • ARTICLE I I I BASIC COMPENSATION PLAN Section 1. Recommended salaries to be discussed at the bargaining table. Section 2. The Plan of salary schedules. A. Description of Schedules. The pay plan is attached to this Memorandum of Understanding as Exhibit A and consists of a set of monthly salary schedules. Each of such schedules is designated by a schedule number. Each step shall be a 5-1/2% increment. Each schedule consists of five (5) steps of monthly compensation, each of which is designated by step letter. B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a monthly rate shall be computed by multiplying 56 hours per week by 52 which results in an annual figure 2, 912 hours. The monthly rate shall be multiplied by 12 and divided by 2912 to arrive at an hourly rate. For purposes of calculating the hourly rate for personnel assigned to a forty (40) hour work week, the hourly rate shall be computed by multiplying 40 hours per week by 52 which results in an annual figure of 2080 hours. The monthly rate shall be multiplied by 12 and divided by 2080 to arrive at an hourly rate. Section 3. Eligibility for Merit Salary Advancement. A. Eligibility for Salary Step Increase. (1) Salary step increases shall be considered on a merit basis only,. and then only at the following times, and in accordance with subsection B below. (2) All full time appointments shall be made at the first step of the salary schedule assigned that class, unless prior written approval of the City Manager is obtained for appointments at a higher step in the assigned schedule. 3 - In the event of a promotion where the starting salary schedule is below that of the employees present salary classification, the employee shall receive a minimum of 5 -1/2% salary increase or to the next full salary step. (3) No salary advancements shall be made so as to exceed the maximum rate established in the salary schedule for the class to which the employee's position is allocated. B. Qualification for Salary Step Advancement. (1) Advancement shall not be automatic but shall be based upon merit, dependent upon increased ser- vice value of an employee to the City as exemplified by recommendations of his supervisor, length of service performance record, special training undertaken, and other objective evidence as specified in the salary schedule. (2) Only employees rated as meeting the stand- ard of fully effective work performance shall be qualified to advance to the salary steps (B) (C), and (D). (3) Only employees rated as surpassing the • standard of work performance expected of City employees shall be qualified to advance to the salary step (E). C. Merit Evaluation. (1) Every employee shall receive an objective, written job performance rating, no sooner than three (3) _4 weeks before, no later than five (5) working days before the date of eligibility for each salary step, merit longe- vity or hourly increase, and annually thereafter, and upon a change of employment status. Nothing in this section shall prohibit the department head or authorize a super- visor from giving an additional objective rating to an, employee between those periods of time described in this 1 section. (2) It shall be the duty of the department head to delegate the responsibility of every employee's 1 rating to that level of supervision having immediate . knowledge of the employee's work. An employee shall be rated by his immediate supervisor, which rating shall be reviewed by the division head as well as the department head. Section 4. Salary Schedule Step Reduction. When - ever an employee's work performance falls below the level for which a step increase was granted, an employee's authorized pay may be reduced to the employee's previous step rate under written procedures es -'' tablished by the City for demotions and reductions in pay. This section shall not apply to employees on disability leave, sick leave or any other approved leave of absence. • Section 5. Merit Longevity. A. Eligibility for Merit Longevity. Upon approval of the City Manager, permanent employees who have completed ten t! (10) continuous years of highest quality service shall be paid, in f! r addition to their respective regular. prescribed salary step above y one ste n their monthly base rate; and after twenty (20) y ears shall be paid one and half step above their monthly base rate. � I 1 - 5 - • For employees who qualify for merit longevity after 20 years of continuous service, computations will be made in the following manner. Any longevity payment presently being paid will be subtracted from the employees present rate of compensation and the new longevity rate shall be applied. J a B. Qualification for Merit Longevity. Merit longevity is to be provided as continuing incentive to career employees. Such payment shall continue, with approval of the City Manager, only during such period as an eligible employee continues to perform the highest quality of public service, evidenced by performance ratings regularly submitted by the Fire Chief to the City Manager, and may be terminated at any time by the City Manager when the quality of service as evidenced by the performance rating such employee receives, does not merit such additional compensation. ensation . e p Section 6. Uniform Allowance. Required uniforms of sworn fire personnel which become worn may, in the discretion of the Fire Chief, be surveyed and replaced as necessary up to a budget limit of $125.00 per employee per year. The Fire Chief shall establish items of uniform apparel to be funded by the uniform allowance. Physical Fitness Approved blue workout clothing Approved blue exercise shoe Approved sweat sox _ I Dress Uniform Uniform dress coat (if required) Metcalf Blue serge wool trousers Metcalf blue serge wool shirts Officers dress white shirts Black necktie Uniform hat • Black uniform leather belt Work Uniform Approved dark blue trousers Lions blue shirts Approved uniform shoes Approved uniform sox Section 7. Uniform Maintenance Allowance. Each member shall receive $7.00 monthly as uniform maintenance allow- ✓—. ance effective July 3, 1977. Each member shall receive an additional $5.00 each month effective July 3, 1978. " Section 8. Linen, Sheets, Pillowcases, bath towels and dish towels shall be provided and laundered by the City. Section 9. Any employee. covered by this agreement who is assigned out of classification to responsibilities and duties of a position or rank above that which he normally holds, shall be paid at the next full step above the employee's normal rate, and at no time less than bottom step of the position or rank for which he is acting. Section 10. Bonus Pay for sworn fire employees. A. Paramedic Bonus. 52% upon certification and an additional 52% after 18 months of continuous service and certification. B. Special Fire Assignment Bonus. All personnel assigned to the Fire Prevention and /or Criminal Investigation Bureau shall receive an additional 11% of salary for as long as they are so assigned. -5b - C. Fire Mechanic. One member of the Fire Department when assigned by the Chief Engineer to the mechanical repair and maintenance of fire apparatus and vehicles for over 50% of his hours on duty in each week, and actually engaged in such work over 20 hours each week, shall be compensated at his regular step of the next pay schedule above the schedule for his class for each pay period during which such assignment is made. • • -5c- ARTICLE IV WORK WEEK The regular work week for Suppression personnel covered by this Agreement shall be an average of fifty -six (56) hours per week under a three (3) "platoon 24 hour shift schedule as now exists. Fire Prevention Bureau and Administrative personnel shall work a forty (40) hour work week. The Fire Chief has the authority to assign employees to Fire Prevention Bureau and /or Administrative duties. MINIMUM MANNING Minimum fire suppression platoon strength as of the date of this Agreement shall be as stated in Fire Department General Order #19 dated June 22, 1976. (Exhibit attached) Before any change is made by the City in minimum Fire Suppression Platoon strength, the City shall meet and confer in good faith with the Fire Association regarding such change cr changes. • ARTICLE V OVERTIME PROVISIONS Section 1. Definition of Terms A. Employee In the context of the overtime provision, an employee shall be an individual subject to the hourly or bi- weekly pay plans. B. Exempt Employees An employee who, by virtue of employment in a primarily executive, administrative, or professional capacity. C. Hours Worked ' which the City suffers or permits an Atttimedurn ig ty P employee to work. Hours worked specifically encompass required job training engaged in during normal off duty hours. The term "hours worked" does not encompass sick leave, vacation, or other periods during which employees are absent from work; lunch periods, travel to and from work; standby time during required to leave which employees are mere q 9 merely word where they may be reached, nor any other periods during which employees are completely relieved from duty and which are long enough to enable them to use the time effectively for their own purpose. D. Regular Hourly Rate of Pay Employees' regular hourly rate of pay is, based on their assigned bi- weekly salary range, including assignment differentials and longevity bonuses, adjusted for a 40 or 56 hour work week depending on assignment. E. Standby Assignment A full time employee who is assigned by an authorized superior to be available for work on an on -call basis during a specified off duty period shall be considered to be on "standby" assignment. - 7 - . Section 2. Overtime Categories The categories of working time specified in the following sub- paragraphs shall be considered overtime and compensated accordingly. A. Regular Overtime (1) Emergency Overtime When safety employees assigned to Fire Suppression are held over or called back to work during their scheduled off duty time due to emergency, all hours worked during such emergency assignment. (2) Holiday Overtime For full time employees who do not receive holiday pay in lieu of holiday time off, all hours worked on holidays. { (3) Call -back Overtime When full time employees are called back to duty, except safety employees assigned to Fire Suppression, after they have completed their normal work schedule and have left work, or are on their day off, all hours worked during such call -back assignment. (4) Court' Overtime When safety employees who are off duty appear in court in response to a subpoena as part of their normal work assignment, all hours worked in connection with such appearance. This definition shall apply to subpoenas issued for taking of depositions. (5) Special Assignment Overtime When a safety employee is assigned to the property of any other contractor who requests and /or requires Fire services, all hours worked in connection with such assignment. 8 (6) Regular Overtime Overtime guarantees shall not apply in event • an employee has been notified in advance not to report to work, or to court, or for a deposition. B. Overtime Minimums (1.) Regular Overtime The employee shall be guaranteed a minimum of 4 hours pay for regular overtime hours worked. C. Compensatory Time Off. Compensatory time may be granted to employees, in lieu of overtime pay. (Fire Department General Order No. 35 dated 7/8/76 is hereby incorporated as though fully set forth herein. (Exhibit attached) An employee wishing to take compensatory tin - e off must obtain the prior approval of his supervisor. When a supervisor requests that an employee take compensatory time off, employee needs must be considered and reasonable notice given by the supervisor to the employee. The need for calling in personnel for minimum manning shall not alone justify disapproval o f the employees compensatory time off. • - 9 - E. Administration. The guidelines regarding overtime administration shall be as follows: (1) Overtime work shall be distributed as equitably as practicable over the term of this agreement among those employees in the same department and /or classification. F. Training. City designated job training on employees' time off or on employees' work time shall be compensated at the employees' straight time regular hourly rate of pay. No Overtime. No overtime shall be paid where safety personnel are designated to participate which require the employee to remain overnight, and the City pays per diem expenses in accordance with departmental policy. G. Minimum Manning Overtime. Overtime shall be paid at the straight time hourly rate to Fire Suppression personnel requested to perform overtime work to maintain the requirements of Fire Department General Order 19, dated 6/22/76. H. Emergency Service Condition. In the event of a severe emergency or national or state disaster occurring in Downey, either of which condition exceeds the ability of the City to process payroll records, the City shall not be required to pay overtime during the first (7) seven days of the disaster. -10- ARTICLE VI HOLIDAYS Section 1. In lieu of receiving holidays off, each 56 hour employee covered by this Agreement, shall receive 132 hours off with pay each year. The parties agree to incorporate General Order No. 35 which provides for holiday time off scheduling. • _ 11 _ ARTICLE VII VACATION Section 1. Employees covered by this Agreement shall accrue vacation leave with pay on the following scheduled basis: Years of Service Work Hours per Year 0 - 3 120 hours 4 - 5 144 hours 6 - 10 180 hours 11 - 15 204 hours 16 - 20 240 hours Section 2. Vacation shall be taken as per General Order No. 35. 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 at the rate in effect at the time the employee would have taken his or her vacation. All accumulated vacation in excess of two (2) years shall be forfeit. Section 3. When an employee who has become entitled to receive vacation under this Article separates from City service, either by retirement, permanent layoff, or termination, the employee shall be entitled to be paid for unused earned vacation at the rate of pay in effect at the time of separation. • 12 Section 4. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the number of work hours per year to which the employee is eligible to receive, based upon the employee's years of service with the City. Section 5. Employees who are separated from their employment with the City, after completion of the probationary period, shall be paid all accrued vacation, if any, on a pro -rata portion of their unused vacation at the rate in effect at the time of termination. Pro -rata vacation shall be based upon the basis of one - twelfth (1/12) of the employee's annual vacation pay for each full month of service worked by the employee during the employee's employment with the City. Section 6. Work day for the purpose of this Article, shall be construed to be twelve (12) hours of pay, for 56 hour personnel. Section 7. Personnel assigned to a 40 hour work week schedule shall accrue vacation hours at the following annual rate. Years of Service Work Hours per Year 0 - 3 80 hours 4 - 5 96 hours 6 - 10 120 hours 11 15 136 hours 16 - 20 160 hours - 13 - ARTICLE VIII LEAVES OF ABSENCE Section 1. Leaves of Absence Without Pay. The City Manager 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. The City Counsel may grant a permanent employee a leave of absence for a specific purpose, without pay, not to exceed one (1) year. No such leave shall be granted except, upon written request - i of the employee. Approval shall be in writing and a copy filed with the personnel office of the City. Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Employee shall report promptly upon the expiration of any leave granted. Failure to report within a twenty -four (24) hour period after expiration of leave shall be cause for discharge. 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 durin leave of absence Y Y during without pay. Section 2. 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 3. An employee who engages in outside employ- ment during said leave of absence shall be subject to termination. Any employee who falsifies a reason for the request for said leave of absence or any extension of such leave of absence, may be ter - minated for falsifying such request. _ 14 _ Section 4. Sick Leave A. Sick leave shall be defined as absence from duty because of illness or off the job injury, or an exposure to contagious diseases which has been evidenced by certification from an accepted '—' medical authority. B. Sick leave shall be paid to cover employees at the following monthly rate. 56 hour per week personnel - 12 hours accumulation each month. 40 hour personnel - 8 hours accumulation each month. Unused sick leave shall be accumulated without accrual limitation. - i When personnel are transferred from a 56 to 40 hour work week all accruals shall be reduced by 1 /3; when personnel are transferred from a 40 hour work week to a 56 hour work week accruals shall be increased by 1/2. C. In order to receive compensation while absent on sick leave, the employee shall notify a designated supervisor prior to or within half (1/2) an hour of the time set for beginning duty. For any such absence, the employee shall file a statement with the City Manager through channels stating the cause of the absence., When the absence is for one and one -half (1-1/2) work shifts or more, the department head concerned may require a physician's certificate stating the cause of absence 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. • _ 15 _ E. At the written request of the Fire Chief, the City Manager may require an employee to submit to an examination by the City's medical examiner, and if the results cf 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 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 medical examiner. In the event of a conflict of opinion and /or recommendaticn of the two examiners, a third examiner shall be selected by the first two examiners and be paid jointly by the City and the employee, and the final decision shall be made by the City Manager, based upon medical evidence. F. Fire Supression personnel working a 56 hour week shall be paid fity (50) per cent of any sick leave at his death or retirement up to a maximum of 1080 hours pay for 2160 hours of accumulation. Personnel assigned to a 40 hour work week shall be paid fity (50) per cent of any unused sick leave up to a maximum of 720 hours pay for 1440 hours of accumulation. G. Accrued sick leave shall be valued for the purposes of Section F above, on the following basis: (1) Sick leave for employees hired on or after July 1, 1974 shall be costed at salary rates in effect at the time earned. (2) Sick leave earned for such employees shall be costed at the rate prevailing at the end of the fiscal year in which it was earned. - 16- (3) 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 in effect at the time of taking sick leave. Section 5. Emergency Leave. A. With the approval of the Fire Chief any employee who is absent from work by reason of attendance upon members of the immediate family whose incapacitation required the care of such employee, or death in the immediate family of the employee, may be allowed emergency leave with pay, not to exceed 72 hours per incident, which is deducted from accumulated sick leave. Immediate family shall include and be limited to mother, father, brother, sister, spouse, or child of any eligible employee or spouse of employee of the City. For the purpose of this section, work day shall be defined as a twelve (1.2) hour work day for 56 hour personnel. 17 1 B. For absences under this Section, exceeding a total of 48 consecutive hours for 56 hour personnel in any six -month (6) period, a physician's certificate verifying the leave basis may be required by the City Manager. For absences under this section exceeding a total of -- 24 consecutive hours for 40 hour personnel in any six -month (6) period, a physician's certificate may be required by the City Manager or department head. C. All such claims for emergency leave are subject to verification by the City Manager. Section 6. Emergency Leave Should emergency leave be required for other purposes than set forth in Section 5, paragraph A vacation or comp time off may be used with the approval of the department head consistent with the general personnel rules of the City. Section 7._ Workers' Compensation Injury on Duty. Employees covered by this Agreement shall be entitled to all rights provided under Section 4850 of the State of California Labor Code, Government Code _T21025. 2, and other pertinent codes and"Ordinances adopted by the City of Downey. Section 8. Employee Disability Leave A. This section establishes a disability leave plan at seventy -five (75) per cent of the base, salary for employees having more than (1) year continuous service with the City and who have exhausted all accumulated sick leave, vacation and compensatory time due to non-industrial illness or injury under the following eligibility schedule: Maximum Time Allowance (Working Days) Additional Before After Years of Service Reinbursement Reimbursement Total 1 through 5 30 15 45 6 through 10 45 23 68 Over 10 60 30 90 18_ B. Application for disability leave shall be made by the employee through the department head, to the City Manager, 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 termination of disability leave. For purposes of this Section 12 hours shall constitute 1 work day for 56 hour personnel. If the City Manager approves the application, he shall notify the employee, in writing, of such approval. C. After the employee returns to work, the employee shall reimburse the City one -half (1/2) of the time used for such employee disability leave at a minimum rate of one -half (1/2) day of sick leave per month or may contribute vacation, or holiday time to accelerate employee's reimbursement to the City for providing the benefits under this Article. D. When the "maximum time allowance" has been reimbursed as set forth above, the employee shall be eligible to apply for additional disability leave on the basis of one (1) days's leave for each half (1/2) day reimbursed to the City; provided that no 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 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 prerequirement leave for purpose of postponing retirement or pension. (3) The disability leave was procured by fraud, misrepresentation, or mistake. - 19 - ._w (4) The employee has not cooperated fully in supplying all information and submitting to any examination requested by the City to determine the existence or continuing nature of the employee's disability. Section 9. Military 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 Fire Chief an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Section 10. Jury Duty. Employees who are called for jury duty shall be granted a leave of absence during the period of jury service. The City will pay the difference between the employee's • compensation for jury duty and his regular rate of pay. Time served by an employee for jury service shall not be counted towards the computation of overtime pay and employee shall not receive overtime pay for participating in jury service. When the employee is not required to be on jury duty during the 30 day period of scheduling, the employee shall report for duty as scheduled. The employee shall not be required to report to duty with the Fire Department if he is scheduled for jury duty 12 hours prior to or 12 hours immediately following his regularly scheduled shift assignment. _ 20 _ ARTICLE IX FRINGE BENEFIT ADMINISTRATION Section 1. Administration. The City reserves the right to select the insurance carrier or administer any fringe benefit programs except P. E . R. S . that now exist or may exist in the future during the term of this Agreement. Section 2. Selection 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 Agreement, provided that the benefits of the employees shall be no less than those in existence as of the implementation of this Agreement. Section 3. Changes. If, during the term of this Agreement, any change of insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall notify the Association prior to any change of insurance carrier or method of funding the coverage. • 21 ARTICLE X HEALTH INSURANCE The City shah., contribute to a medical benefit package for the employeeslt 100% of costs for the life of this agreement. • 22 _ ARTICLE XI RETIREMENT Section 1. Employees covered by this Agreement participate in the Public Employees Retirement System. Employee options are described in a contract between the City of Downey and the Public Employees Retirement System. Section 2. Nine (9) percent of the employee's gross pay effective July 3, 1977 shall be applied to the employee's contributions to the Public Employees Retirement System and be paid by the City. Section 3. Retirement calculations in accordance with P. E . R . S . shalt be based upon retirement gross salary. • u _ 2? -4 _ �II ARTICLE XII TUITION REIMBURSEMENT Section 1. 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 department heads with job related justification and approved by the City Manager, with quarterly report 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 Los Angeles State College for courses on the quarter system, and Long Beach State College for courses on the semester system. Reimbursement for books shall only be made if employees turn such books in to the Downey Fire library system for use in the system. - 24 - ARTICLE XIII PROBATIONARY PERIOD Section 1. 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 up to an additional three (3) months. Should the Fire Chief desire to terminate any original probationary employee prior to the end of the probationary period, the Fire Chief shall notify the employee prior to termination. Promotional probationary period shall be for a period of six (6) months. Section 2. If the service of the original probationary employee has been satisfactory to the Fire Chief, then the Fire Chief shall file with the personnel office within two (2) week of the end of the probationary period, 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. If such a statement is not filed within two weeks of the end of the probationary period and the employee notified, the employee will be deemed to be unsatisfactory and his employment terminated at the expiration of the probationary period. Section 3. All probationary periods shall extend to the first day of the month following the period of probation. Section 4. Rejection Following Promotion. Any employee rejected during the probationary period following a promotional appoint- ment, or at the conclusion of the probationary period by reason of failure of the Fire Chief to file a statement that his services have been satis- factory, shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged in the manner provided in the personnel ordinance and these rules for positions in the classified service. _ Section 5. The probationary period may be extended by the length of time the employee is absent during the probationary period except for vacation and regular days off. 26 ARTICLE XIV CITY RIGHTS Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been expressly abridged by specific provision of this Memorandum of Understanding or by law to manage the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and exclusive 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 the nature, manner, means, and technology, and extent of services to be provided to the public. (d) Methods of financing: (e) Types of equipment or technology to be used. (f) To determine and /or change the facilities, methods, technology, means, and size of the work force by which the City operations are to be conducted. (g) 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 including, but not limited to, the right to contract for or subcontract any work or operation of the City. • 27 (h) To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments. (i) To relieve employees from duties for lack of work or similar non - disciplinary reasons, such or lack of funds. (j) To establish and modify productivity and per- formance programs and standards. (k) To discharge, suspend, demote, or otherwise discipline employees for proper cause. (1) To determine job classifications and to re- classify employees. (m) To hire, transfer, promote and demote employ- ees for non - disciplinary reasons in accordance with this Memoran- dum of Understanding and applicable Resolutions and Codes of the City. (n) To determine policies, procedures and standards for selection, training and promotion of employees. (o) To establish employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith. (p) To maintain order and efficiency in its facilities and operations. (q) 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. . ' - 28_ (r) To take any and all necessary action to carry out the mission of the Agency in emergencies. Section 2. The Fire Chief has the authority to establish and change shift schedules to meet the needs of the department in an emergency. The Fire Chief has the authority to establish reporting times for shift changes in an emergency. The City has the right to enter into mutual or automatic aid agreements. Section 3. 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 in good faith with representatives of the Association regarding the impact of the exercise of such rights, unless the subject matter of the exercise of such rights is provided for in this Agreement or in the Personnel Rules and on Salary Resolutions and /or affecting written departmental rules and regulations which are incorporated in this Agreement. By agreeing to meet and confer in good faith with the Association as to the impact and the exercise of any of the foregoing City rights, Management's discretion in the exercise of these rights shall not be diminished. The City shall. not .exercise the foregoing rights in n arbitrary capricious invidiously discriminatory s a y ap y y manner or in such a manner as to imperil the health and /or safety of the employees. 11 _ 29_ ARTICLE XV EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITY Section 1. Dues Deduction. 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. Section 2. Indemnification. The Association agrees to hold the City harmless and indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions 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. 30 3 ARTICLE XVI NO STRIKE - NO LOCKOUT A. PROHIBITED CONDUCT Section 1. The Association, its officers, agents, representa- tives and /or members agree that during the term of this Agreement they will not cause or condone any stroke, walkout, showdown, sick- out, or any other job action by withholding or refusing to perform services. Section 2. 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 3. Any employee who participates in any conduct prohibited in Section 1 above, shall be subject to termination by the City. Section 4. 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 B, Section 1, the City may suspend any and all of the rights, privileges, accorded to the Association under the Employee Relations Resolution in this Agreement including, but not limited to, right of access, check -off, the use of the City's bulletin boards and facilities. - 31- B. ASSOCIATION RESPONSIBILITY Section 1. In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in A, Section 1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful and they must immediately cease engaging in conduct prohibited in A., Section 1 above, and return to work. Section 2. If the Association performs all of the respon- sibilities set forth in Section 1 above, its officers, agents, repre- sentatives shall not be liable for damages for prohibited conduct per- formed by employees who are covered by this Agreement in violation of Section 1 above. iIMMINMS { -32- ARTICLE XVIII GRIEVANCE PROCEDURE Section 1. Grievance. Grievance shall be defined as a dispute between the Association, employee or employees in the City, regarding interpretation or application of specific provisions of this Memorandum of Understanding. Section 2. Conduct of the Grievance Procedure. An em- ployee 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 organi- zation or may represent himself. No individual shall enter into any resolution of a grievance which contravenes this agreement. A. Any retroactivity on monetary grievances shall be limited 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 re- presentative 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 representa- tive. Section 3. Grievance procedure shall provide for the following steps: Step One - Informal Procedure. An employee must attempt first to resolve a 9 rievance through discussion with his immediate supervisor without undue delay on an informal basis. If, after such discussion, the employee does not believe the problem - 33- has been satisfactorily resolved, he shall have the right and obligation to discuss it with his supervisor's immediate superior, if any, and his department head 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 infor- mal process go beyond the department head concerned. In order that this informal procedure may be responsive, all parties involved shall expedite this process. In no case may more than twenty -one (21) calendar days elapse from the date of the alleged incident or action giving rise to the grievance and the filing of a written grievance in Step Two, or the grievance shall be barred and waived. Step Two - Formal Procedure. If the grievance is not resolved through the informal process and not more than twenty - one (21) calendar days have elapsed from the date of the alleged incident or action giving rise to the grievance, employee shall have the right within seven (7) calendar days from the decision or completion of the informal process to file the grievance in written form and present it through channels to his immediate Management supervisor. The immediate Management supervisor shall discuss the grievance with the employee and shall render a deci- sion and comments, in writing, and return them to the employee within seven (7) calendar days after receiving the grievance. Step Three - Department Head Response. If the grievance is not resolved in Step Two or if no answer has been received within seven (7) calendar days, from the presentation of the written grievance, the employee may, within seven (7) calendar days, present the grievance in writing to his department head. Failure of the employee to take this action will constitute ter - min tion of the grievance. The department head shall further re- a g p view and discuss the grievance with the employee and shall render its decision and comments, in writing, and return them to the em- . • - 34 - ployee within seven (7) calendar days after receiving the grievance. Step Four - Employee Relations - Personnel Officer. If the grievance is not resolved in Step Three or if no answer has been received within time limits established in Step Three, the employee may, within seven (7) calendar days, present the grievance in writing to the Employer Relations /Personnel Officer for process- ing. Failure of the employee to take this action will constitute termination of the grievance. In the event the employee is not be- ing represented by a recognized employee organization, the Employer Relations /Personnel 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 repre- sented by a recognized employee organization, the Employer Rela- tions/Personnel Officer shall convene a joint meeting of the recog- nized 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 Five - Personnel Advisory Board. If the grievance is not resolved in step four, the employee may, within seven (7) calendar days of the receipt of the written position from management representatives, present the grievance in writing to the Personnel Board for review. Failure of the employee to take this action will constitute termination of the grievance. In the event the grievance is not satisfactorily adjusted or settled through discussion at this level, the Personnel Advisory Board shall submit a written recommendation to the City Manager for final determination. . - 35 - Step Six - Final Process - City Manager. If the grievance is submitted to the City Manager for review and settle- ment, the City Manager shall render a written decision to the parties within thirty (30) calendar days. The decision of the City Manager shalt be final. 1 - 36- ARTICLE XVIII SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of Understanding shall supersede all prior agreements and memorandums of understanding, or memoran- dums 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 par- ties, 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 or City Charter. Section 2. Not withstanding the provisions of Se ction 1 above, there exists within the City of Downey, certain personnel resolutions, ordinances and departmental rules, regulations and orders to the extent that this Agreement does not specifically contravene provisions of these personnel resolutions, ordinances, departamental rules and regulations are specifically incorporated herein. Section 3. Fire Department General Orders, rules and • regulations issued by the Fire Chief shall become a part of this Agreement provided they do not contravene any other provision of this Agreement and further provided the City shall meet and confer in accordance with state law regarding the adoption of such general orders. • -37- ARTICLE XIX WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT Section 1. During the term of this Agreement, the parties mutually agree that they will not seek to meet and confer with regard to wages, hours, and terms and conditions of employment, whether or not covered by this Agreement or in the meet and confer process except as otherwise provided for in this Agreement thereto and ir- respective of whether or not such matters were discussed or were even within the contemplation of the parties hereto during the meet and confer process leading to this Agreement. Regardless of the waiver contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matter not specifically provided for in this Agreement during the term of this Agreement. Section 2. Notwithstanding Section 1 above the City and Association may reopen this Agreement for meet and confer on wages and uniform maintenance allowance only, should the C. P. I. for Los Angeles /Long Beach (1967) index go above 8%, comparing April, 1977 with March 1978. Should either party desire to reopen under the foregoing circumstance the party shall give the other eleven (11) days written notice of intent to reopen. In no event shall this Agreement be reopened should both parties or either, fail to give such written notice prior to July 1, 1978. Should either party elect to reopen, the salary increase and uniform maintenance allowance scheduled to be effective July 1, 1978 shall be null and void. -38- ARTICLE XX EMERGENCY WAIVER PROVISION In the event of circumstances beyond the control of the City, such as acts of God, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this Agreement 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 pro- visions in the Agreement and any Personnel Rules and policies. - 39 - f ARTICLE XXI SEPARABILITY Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by reason of any existing or subsequent enacted legislation, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. This Agreement shall be binding upon the successors and or assigns of both City and the Association to the extent permitted by law. - 40 - ARTICLE XXII TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on July 3, 1977 and shall continue in full force and effect until June 30, 1979. ' 9 I I - 41 ARTICLE XXIII 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 representatives of the City and the Association and entered into this day of - 1977. THE DOWNEY FIREMAN'S CITY OF DOW EY: ASSOCIATION: 13 7 2 Y: ------------ 6 1 I I Cd&Lif / BY: 9 BY: ?. ‘1?-t-e-c---44---.— 0/ , i ' / / . _ 4 , / Alellirall 111 BY: Y: , Of 1 BY: BY: J i I -42 The Pay Plan, Exhibit A, will be adjusted accordingly: 1. 34% effective July 3, 1977. 2. 6% effective July 3, 1978. 3. Effective July 3, 1977: A. Firefighter will be paid at the rate of salary schedule 22S. B. Fire Engineer will be paid at the rate of salary schedule 25S. C. Fire Captain will be paid at the rate of salary schedule 28S. 4. 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