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HomeMy WebLinkAboutResolution No. 5880 - Adopting MOU with Downey Public Safety Auxiliary AssociationWHEREAS, the City has met its obligation to meet and confer pursuant to the Myers - Milias -Brown Act and Employee Relations Ordinance No. 394; and WHEREAS, the City and the Association have reached agreement; and WHEREAS, the Association has ratified the agreement; and WHEREAS, the City and the Association have memorialized the agreement in a written Memorandum of Understanding. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Memorandum of Understanding between the City of Downey and the Downey Public Safety Auxiliary Association, attached hereto, is hereby adopted. SECTION 2. The City Clerk shall certify to the adoption of this resolution and provide for the distribution thereof. APPROVED AND ADOPTED this 13t day o f June RESOLUTION NO. 5880 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION ATTEST: se.t,C 61,17 ity Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of the City of Downey at a regular meeting thereof held on the 13 day o f June 1995, by the following vote, to wit: AYES: 3 Council Members: McCaughan, Brazel ton, Riley NOES: 1 Council Members: Boggs ABSENT: 1 Council Members: Lawrence c: \wpdoc \barbara\safety.wpd , 1995. O ity Clerk MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION November 1, 1994 - October 31, 1996 ARTICLE NO. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION I RECOGNITION II NON- DISCRIMINATION III BASIC COMPENSATION PLAN TITLE OF ARTICLE PAGE NO. Sec. 1 - Salary Adjustments Sec. 2 - Plan of Salary Schedules Sec. 3 - Eligibility for Merit Salary Advancement Sec. 4 - Salary Schedule Step Reduction Sec. 5 - Merit Longevity Sec. 6 - Eligibility for Promotion Increases Sec. 7 - Eligibility for Differential Pay Sec. 8 - Bonus Pay for Training Sec. 9 - Uniform Allowance Sec. 10 - Acting Pay Sec. 11 - Out -Of -Class Pay Sec. 12 - Bilingual Pay IV WORK WEER 10 V OVERTI.ME (COMPENSATORY TIawE) 11 Sec. 1 - Compensation for Overtime Sec. 2 - No Pyramiding Sec. 3 - Discouragement of Overtime Sec. 4 - Emergency Service Condition Sec. 5 - When Absent from Duty Sec. 6 - Compensatory Time Off VI COMPENSATION FOR SPECIAi. CALL IN 12 VII HOLIDAYS 12 VIII VACATION 13 (2) 5 5 6 X IX XI XII LEAVES OF ABSENCE 14 Sec. 1 - Leaves of Absence Sec. 2 - Written Notice of Intent to Return Sec. 3 - Outside Employment While on Leave Sec. 4 - Sick Leave Sec. 5 - Emergency Leave Sec. 6 - Personal Leave Sec. 7 - Workers' Compensation - Injury on Duty Sec. 8 - Employee Disability Leave Sec. 9 - Military Leave Sec. 10 - Jury Duty FRINGE BENEFIT ADMINISTRATION 19 HEALTH, DENTAL AND LIFE INSURANCE 20 Sec. 1 - Medical Insurance Sec. 2 - Dental Insurance Sec. 3 - Life Insurance RETIREMENT 21 Sec. 1 - PERS Coverage. Sec. 2 - Employee's Contribution Sec. 3 - Retiree Medical Annuity XIII TUITION REIMBURSED NT 22 XIV PROBATIONARY PERIOD 22 XV SENIORITY 23 XVI CITY RIGHTS 24 XVII EMPLOYEE ORGANIZATION RIGHTS AND 26 RESPONSIBILITIES XVIII Sec. 1 - Dues Deductions Sec. 2 - Indemnification Sec. 3 - Release Time for Meet and Confer NO STRIKE - NO LOCKOUT 26 (3) XIX GRIEVANCE PROCEDURE 27 Sec. 1 - Grievance Sec. 2 - Conduct of the Grievance Procedure Sec. 3 - Grievance Procedure Steps XX MISCELLANEOUS 29 XXI SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING 31 XXII WAIVER OF BARGAINING DURING TERM OF 31 THIS AGREEMENT XXIII ElaRGENCY WAIVER PROVISION 32 XXIV SEPARABILITY 32 XXV TERM OF MEMORANDUM OF UNDERSTANDING 32 XXVI RATIFICATION AND EXECUTION 33 EXHIBIT A CLASSIFICATIONS REPRESENTED BY D.P.S.A.A. 34 (4) MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION ARTICLE I RECOGNITION Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey, the City of Downey (hereinafter called the "City ") has recognized the Downey Public Safety Auxiliary Association (hereinafter called the Association) as the recognized majority representative of all full -time employees covered in the classifications listed on Exhibit A. The City has recognized the Association for the purpose of meeting its obligations under the Myers - Milias -Brown Act, Government Code Section 3500 et seq, and the Employee Relations Ordinance of the City when City rules, regulations or laws . affecting wages, hours or other terms and conditions of employment are amended or changed. ARTICLE II NON - DISCRIMINATION Section 1. The parties mutually recognize and agree to protect the rights of all employees hereby to join and /or participate in protected Association activities or to refrain from joining or participating in protected activities in accordance with the Employee Relations Ordinance and Government Code Sections 3500 and 3511. Section 2. The City and the Association agree that they shall not discriminate against any employee because of race, color, sex, marital status, age, national origin, political or religious opinions or affiliations. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any final order of a•federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with state or federal . anti - discrimination laws. Section 3. Whenever the masculine gender is used in this Agreement, it shall be understood to include the feminine gender. Section 4. The City and Association agree to comply with applicable State and Federal laws and regulations regarding the employment of the handicapped. (5) ARTICLE III BASIC COMPENSATION PLAN Section 1. Salary Adjustments. A. All employees covered by this Agreement shall receive the following: 1. A 1.5% salary increase effective November 7, 1994. 2. A 1.5% salary increase effective November 6, 1995. B. Employees in the classifications of Communications Operator and Dispatch Supervisor shall receive a salary adjustment of 28 in addition to the salary increase above. The adjustment shall be effective November 7, 1994. Identification Technician. The incumbent Identification Technician (non- , sworn) shall be "grandfathered" and will continue to be compensated at Schedule 23.5 of the Sworn Police Employees' Pay Table (02). Employees appointed to the classification of Identification Technician (non - sworn) on or after July 1, 1991, will be designated at a salary schedule which is at least 5.5% below that of Police Officer. Section 2. The Plan of Salary Schedules. A. Description of Schedules. The pay plan 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 monthly rate 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. Eligibility for Salary Steo 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 the class to which the employee's position is allocated. (6) 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 undertaken, and other objective evidence. 2. Only employees rated as meeting the standard of work performance expected of City employees shall be qualified to advance to the salary steps B, C, D and E. 3. If an employee does not receive a merit increase as a result of performance evaluation the employee may appeal through the grievance procedure. 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 thereafter, and upon a change of employment status. Nothing in this section shall prohibit the department head or authorized supervisor from giving an additional objective rating to an employee between those periods of time described in this section. 2. It shall be the duty of the department head to delegate the responsibility of every employee's 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 department head. 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 reduction 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 service shall be paid in addition to their respective regular prescribed salary, a monthly amount equal to the next salary step above their monthly base rate; and after twenty (20) years, one and one -half (1 -1/2) steps above their monthly base rate. 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 "meet standards" of performance as evidenced by performance ratings annually submitted by the appointing power to the City Manager, and shall be terminated by the City Manager when the quality of service as evidenced by the performance rating of such employee does not merit such additional compensation. (7) Section 6. Eligibility for Promotion Increases. A. Any employee receiving a promotion shall receive a salary increase equivalent to one step, or shall be placed on the first step of the salary schedule for the class to which he is promoted, whichever is greater. B. Any employee receiving a promotion who would otherwise have been eligible to receive a merit increase within sixty (60) days of the effective date of such promotion shall be granted the merit increase prior to the appli- cation of provision A of this Section. Section 7. Eligibility for Differential Pay. Police Communications Operators, Police Dispatch Supervisor, Police Clerks and identification Technician shall be eligible to receive a differential pay of five and one- half percent (5 -1/2 %) while actually working on Watch #1 and Watch *3. Fire Communications Operators shall receive a differential pay of two and three- quarters percent (2 -3/4%) while working any shift. Fire Dispatch Supervisor shall receive the two and three - quarters percent (2 -3/4%) differential pay if scheduled to work hours other than 7:30 a.m. to 5:30 p.m. Section 8. Bonus Pay for Training. A. An entry level "A" step employee's salary shall be reduced by an amount equal to two and three- quarters percent (2 -3/4%) of the appropriate salary schedule for a maximum period of six (6) months. B. At the Chief's discretion, an employee may be paid an amount equal to two and three- quarters percent (2 -3/4%) of the appropriate salary schedule for those working hours utilized for the purposes of training new employees. This Section shall be used for those employees specifically assigned to a trainee by the Chief. Section 9. Uniforms. The Fire and Police departments shall establish uniform standards and shall designate classifications that will be required to . wear uniforms. Each person in a classification that is designated to wear a uniform shall be issued three complete sets of uniforms (shirts, skirts, trousers). Thereafter, uniforms shall be replaced on an as needed basis as determined by each of the departments. The annual stipend shall be discontinued. Section 10. Acting Pay. An employee who has been designated by the City to serve in an acting capacity for sixty (60) consecutive work days or more shall receive Step A of the range for the classification in which the employee is performing active duties or 5.5%, whichever is greater. Service in an acting capacity shall not be used as a basis for, or in support of, a request for reclassification. (8) Section 11. Out -Of -Class Pay. The City may temporarily assign employees to work out of classification. The selection of the employee for an out -of- classification assignment shall be at the discretion of the department head or designee. A temporary out -of -rank pay differential of 5.5% shall be authorized when an employee has actually worked in a position of higher rank for a period of fifteen (15) consecutive work days. Paid holidays shall be considered as days actually worked. Other forms of authorized leave such as sick leave, emergency leave and vacation shall not be considered as days actually worked. Section 12. Bilingual Pay. Employees required to speak or translate Spanish as part of their regular duties will be compensated $23.08 per bi- weekly pay period in addition to their regular salary. The department head has the authority and discretion to assign and /or remove this bonus up to budget authority. To be eligible for this assignment, the employee must pass a conversational examination administered by a court certified interpreter, or an employee who has been certified by the Personnel Director to administer such examination. Employee must recertify at least every eighteen (18) months to maintain the eligibility. Section 13. Court Time. A. Court time is time required to be spent by the Identification Technician (non - sworn) in response to a subpoena, a coroner's inquest, a hearing or trial on a civil action on behalf of the City, or criminal case at a time other than that regularly required of such employee for his employment, for the purpose of testifying as to knowledge acquired in the course of his/her 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/herself, another employee or the Association, shall not accrue additional time or compensation as court time. B. Compensation for Court Time. The Identification Technician (non- sworn) shall be compensated for court time as follows: 1. Criminal Witness: -The Identification Technician (non - sworn) shall be paid at the applicable hourly rate or, with the approval of the Chief of Police, may, in lieu of pay, accumulate any portion of his/her court time and take an equivalent leave of absence. The accumulation of court time to be used as leave of absnece shall be limited to the number of hours earned for which such members have not been otherwise compensated at the member's applicable hourly rate of pay. 2. Civil Witness (in the line of duty): The Identification Technician (non - sworn) shall receive his/her normal salary (and expenses, if any) from his/her employer for time at court and to and from court, while testifying in any civil case on behalf of the City. (9) 3. Payments: Payments under this Section shall be on the regular pay day following such court appearance. The Chief of Police shall make a report to the Finance Director prior to each pay date, listing the member's earning benefits under this Section. Such report shall indicate the court time each member earned in the previous pay period and whether he /she 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 /she shall be paid the above minimum or actual number of hours in court, whichever is greater. ARTICLE IV WORK WEEK Section 1. The regular work week for all employees, except for Fire Department Communications Operators, covered by this Agreement shall be forty (40) hours per week. Section 2. Fire Communications Operators. In accordance with Federal law, the Fair Labor Standards Act (FLSA) regulations were implemented on April 15, 1986. It was agreed that: A. In compliance with the FLSA regulations, Fire Department Communications Operators will be paid for all hours actually accrued during the pay period. S. All hours worked in excess of forty (40) hours in a work week will be paid at the overtime rate of time and one -half. C. To avoid the prospect of having to reduce the number of hours reported for retirement purposes, the City will continue to report 40 hours per week to PERS regardless of whether the employee actually accrued 40 hours during the week. However, for the purpose of calculating overtime compensation, sick leave hours used will not be included as part of the 40- hour work week. Other forms of paid leave time (i.e., vacation and compensatory time) will be included as part of the 40 -hour work week for purposes of calculating overtime compensation. This agreement has been reached for the purpose of maintaining both the existing shift schedule as well as maintaining the number of hours reported to the retirement system. Section 3. For all Police Department employees covered by this Agree- ment, the normal work week shall consist of four ten -hour days. If, in the opinion of the Chief of Police, restructuring of the normal work day or work week becomes necessary for the purpose of promoting efficiency, nothing herein shall be construed as preventing the Chief of Police from restructuring the normal work day or work week fo individual employees. Changes in the Normal Work Week Schedule. If, in the opinion of the Chief of Police, it should become necessary to establish schedules departing from the normal work day or work week, the Chief of Police shall give notice in writing of such change as far in advance as reasonably practical. If the change is other than on an individual basis, the City shall meet and confer with the Association regarding the impact of the decision prior to implementing a general change. Section 4. Part -time employees are those hired for less than the standard forty (40) hour week and paid on an hourly basis. ARTICLE V OVERTI.ME (COMPENSATORY TIME) Section 1. Compensation for Overtime. All approved overtime worked by an employee, shall be paid at the rate of time and one -half the regular hourly rate of pay for such employee. Overtime shall be paid on all hours worked in excess of a normal shift, or in excess of forty (40) hours in an employee's -- work week. (For Fire Department Communications Operators refer to Article IV, Section 2(C).) Section 2. There shall be no pyramiding of overtime, which means that employees shall not be compensated more than once for the same hours under any provision of this Agreement. Section 3. 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 designee. Section 4. Emergency Service Condition. - In accordance with Article XXIII. In the event of a severe emergency or national or state disaster, the City shall not be required to pay overtime. Regardless of any of the provisions of this Agreement, employees shall not be entitled to receive overtime during the first seven (7) calendar days of the severe emergency or disaster. Section 5. In the event an employee is absent from duty, whether for vacation, compensatory time, sick leave or other disability, for a period exceeding five (5) work days, overtime during that work cycle will not be paid. Section 6. Overtime. Overtime may be compensated in time off or money. Employees who are assigned to work overtime shall have the right to be paid money, unless the form of compensation has been discussed in advance. Manage- ment may inform employees, prior to the performance of the work, that only "comp. time" is available. In this instance, employees shall have the right to refuse the overtime assignment. Section 7. Cash in of Compensatory Time. Employees covered by this Agreement may cash in accrued compensatory time earned as overtime unless they have been informed as set forth in Section 6 above. Employees may not cash in 'compensatory time earned from a holiday when the holiday falls on the employee's regular day off. ARTICLE VI COMPENSATION FOR SPECIAL CALL -IN Section 1. Employees covered by this Agreement who are "called in" to perform work on an unscheduled basis at times other than those normally required for the employee's employment shall receive and be paid for a minimum of two and six - tenths (2.6) hours at the overtime rate of time and one half. Employees shall be entitled to call -in pay in the event the employee is required to report back to work after completing the employee's normal work shift, left City premises, and /or the employee's work location. Hours worked in excess of the two and six - tenths (2.6) hour guarantee shall be counted toward the computation of overtime pay. Section 2. If an employee is called in two and six - tenths (2.6) hours or less before the start of the regular work shift, such employee shall not be given the two and six - tenths (2.6) hour guarantee. Any hours worked in excess of the normal shift on that day shall be paid at the rate of time and one -half the employee's regular hourly rate of pay. ARTICLE VII HOLIDAYS Section 1. Employees covered by the Agreement shall receive the following paid holidays: 1. New Year's Day 2. Lincoln's Birthday 3. Washington's Birthday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veterans' Day 8. Thanksgiving Day 9. Day After Thanksgiving 10. Day Before Christmas 11. Christmas Day (12) Section 2. When a holiday falls on a Saturday, the preceding Friday will be observed as the holiday. When a holiday falls on a Sunday, the following Monday shall be observed as the holiday. When Christmas Day falls en a Saturday, the day before Christmas shall be observed on the previous Thursday. When Christmas Day falls on a Monday, the day before Christmas shall be observed on the previous Friday. Section 3. When an employee works on a holiday, the employee shall receive holiday pay which shall be eight (9) hours of pay at the employee's regular hourly rate of pay together with pay at the employee's regular hourly rate of pay for each hour worked on the holiday. Section 4. Should one of the holidays listed above fall during the employee's vacation period, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. Section 5. Fire Department Employees Only. At the beginning of each calendar year, Fire Department employees shall be credited with eighty -eight (88) hours of holiday time off to be scheduled at•the mutual convenience of the employees and the department in accordance with departmental policy. Section 6. Police Department Communication Operators, Dispatch Supervisor and Identification Technicians who are scheduled to work on a holiday and are granted the day off shall receive holiday pay for the entire shift (currently 10 hours). ARTICLE VIII VACATION Section 1. Employees covered by this Agreement shall accrue vacation leave with pay on the following scheduled basis: Year of Service Work Days per Year 0 - 3 .10 4 - 5 12 6 - 10 15 11 - 15 17 16 - 20 20 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 supervisor and the employee. (13) 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. 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. Section 4. Vacation shall be accrued on a monthly basis by dividing twelve (12) into the number of eligible vacation days as set forth in Section 1 above, in which the employee is eligible to receive, based upon the employee's years of service with the City. Section 5. Full -tine permanent 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. Pro -rata vacation shall be calculated 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 eight (8) hours of pay. Section 7. Fire Department Only. Covered employees will schedule vacations at the beginning of each year. Scheduling shall be in four (4) shift increments. If, after such scheduling, less than four (4) shifts remain unscheduled, they may be scheduled in one (1) shift increments or scheduled with holiday time off. Employees may use vacation time in one shift increments at times other than originally scheduled provided that a qualified substitute can be found to replace the employee for that shift. No more than sixty (60) hours of holiday and /or vacation time may be carried over to the following year. ARTICLE IX LEAVES OF ABSENCE Section 1. Leaves of Absence. 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, with 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 leave was granted. The employee shall report promptly upon the expiration of any leave granted. Failure to report within a twenty -four (24) hour period after (14) expiration of leave shall be considered a voluntary resignaticn. No employ- ment 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. An employee on approved leave may elect to pay the premiums due in order to maintain health insurance benefits during the term of such leave. 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, 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 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 diseases 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 accrue at the rate of twelve (12) work days per year without limit on accumulation. C. In order to receive compensation while absent on sick leave, the employee shall notify a designated supervisor prior to or within two (2) hours of the time set for beginning duty, unless notification is physically impractical. 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 more than one (1) work day and if there is reasonable cause to indicate abuse of sick leave, 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 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 employment other than employment by the City for monetary gain or other compensation, or by reason of engaging in business or activity for monetary gain or other compensation other than business or activity connected with City employment. (15) F. At the written request of the appointing authority, the City Manager may require an employee to submit to an examination by the City's physician, and if the results of the examination indicate the employee is unable to perform his duties, or in the performance of his duties, exposes others to infection, the employee shall be placed on sick leave without privilege of reinstatement until adequate medical evidence is submitted that the employee is competent to perform his duties or will not subject others to infection. Any employee so examined shall have the right to submit the reports of a competent medical authority of his own selection, and at his own expense, in addition to the report submitted by the City's physician. In the event of a conflict of opinion and /or recommendation of the two physicians, a third physician shall be selected by the first two physicians and the final decision shall be made by the City Manager, who may seek the advice of the Personnel Advisory Board of the City. 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 for one hundred and eight (180) days accumulation. Unless otherwise specified by the employee, such benefits shall be paid to the beneficiary of the employee's City life insurance policy in the event of the employee's death, OR, upon retirement of an eligible employee, the employee may request that unused accumulated sick leave be applied to pay full premiums for his City health insurance coverage on the following basis: 1. Forty percent (40 %) of the hours accumulated, starting with the oldest hours first, shall be deducted. 2. The remaining sixty percent (60 %) shall be applied to the cost of health insurance premiums. H. In the event of a permanent or indefinite layoff, an employee with ten (10) years of continuous service with the City shall be entitled to the above benefit. If such employee resigns after receiving official notification of his impending layoff, he shall be eligible for the above benefit. This provision shall be retroactive to January 1, 1982. I. Accrued sick leave shall be valued for the purposes of Section G above, 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 leave. (16) J. Employees who become entitled to accrued sick leave allowance which has not been 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 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 (1/2) work day for each month of regular employment, which is deducted from accumulated sick leave, not to exceed twelve (12) work days per year. Immediate family shall include and be limited to, mother, father, brother, sister, spouse, child or grandchild of any eligible employee, or of the spouse of any employee of the City. H. For absences under this Section exceeding a total of three (3) working days in any six (6) month period, a physician's certificate verifying the family's incapacitation leave basis may be required by to City Manager or department head. the City Manager. C. All such claims for emergency leave are subject to verification by Section 6. Personal Leave. With approval of the department head two (2) days per year of an employee's sick leave may be used on personal matters which are of an unseen combination of circumstances which call for immediate action. Such matters shall be considered as those events or occurrences which a reasonable prudent person would not or could not postpone to a subsequent time. The nature of the matter shall be explained to the immediate supervisor and shall be granted with his approval. Such personal leave shall not be cumulative from year to year. Section 7. Workers' Compensation Injury On Duty. A. If an employee is absent from work by reason of an injury or illness covered by Workers' Compensation, the City shall pay the employee the difference between the amount granted pursuant to such Workers' Compensation and the employee's regular rate of pay during such portion of time as the Council may determine. B. If the employee is not covered by Workers' Compensation Insurance, compensation may be paid in an amount to be determined by the City Council which amount shall not exceed the compensation that would have been paid the employee, had the employee been subject to paragraph A above. C. An employee who is absent from work by reason of an injury or illness covered by Workers' Compensation shall be allowed up to one (1) year leave of absence, as required by his condition, with the City paying the difference between the amount granted pursuant to such Workers' Compensation and employee's regular rate of pay. (17) D. Reclassification of Injured Worker. If, in the opinion of the City, an employee has been found to be permanently, physically incapable of performing the duties of the currently held position, the City may place the employee into another vacant position of equal level or lower within the bargaining unit, provided such placement is consistent with the City's affirmative action program and is approved by the appointing authority. Nothing herein shall be construed to prevent such employee from applying for and competing for positions of a higher class or positions represented by other bargaining units. Section 8. Employee Disability Leave. A. This Section establishes a disability 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 under the following eligibility schedule: Maximum Time Allowance (Hours) Additional Before After Years of Service Reimbursement Reimbursement Total 1 through 5 240 120 360 6 through 10 360 184 544 Over 10 480 240 720 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 discretion 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 (1/21. 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 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) day'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. Disability leave shall not deprive an employee of his rights to vacation and sick leave accumulation during such leave. (18) F. Grounds for termination of disability leave by the City Manager shall include, but not be limited to, the following reasons: mistake. 1. The employee has recovered from his illness or injury. 2. The disability leave was procured by fraud, misrepresentation or 3. 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. G. The City shall continue to provide the IRS 125 Plan for the purpose of reimbursement for medical and child care expenses. 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. Effective August 1, 1991, the City will not provide any paid release time for jury duty to employees in classifications represented by the Association. If the State and /or Federal Court Jury Commissioners rescind their present policy of granting exemptions from jury service to persons who do not receive paid release time from their employers, so as to require jury service despite the absence of such pay from their employer, then the City's practice of providing paid release time to employees for jury duty shall be reinstated immediately upon the effective date of such change for the applicable State and /or Federal Court. A. In the event that an employee is called for jury duty and wishes to serve, accrued vacation leave, compensatory time or a leave of absence without pay shall be granted subject to the scheduling requirements of the City. 8. In the event that the court fully reimburses the City for the full salary of an employee on jury duty, the City will immediately reinstate the practice of providing paid release time to employees for jury duty. C. In the event that an employee is called for jury duty and the court does not excuse jury service based on the non - payment of salary by the employer, the City shall grant said employee paid release time for the required jury duty. ARTICLE X FRINGE BENEFIT ADMINISTRATION Section 1. Administration. The City reserves the right to select the insurance carrier or administer any fringe benefit programs that now exist or may exist in the future during the term of this Agreement. (19) 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 health plan administrator or method of funding the coverage. ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE Section 1. Medical Insurance. The City shall continue to contribute 100% to a medical benefit package for the employee and his/her dependents for the term of this Agreement. A. Employee Withdrawal from City Health Plan. The City agrees to permit an employee to withdraw from the City health plan as follows: 1. The employee is either enrolled in the Kaiser Plan; or 2. The employee had claims paid for the year prior to the open enrollment in an amount equal to or greater than the employee premium rate; and 3. The employee presents written proof that the employee is covered by another health plan; and period. 4. The employee notifies the City during the annual open enrollment The City agrees that the employee who is qualified to withdraw shall receive $81.00 per month if the withdrawal is for employee only coverage, $162.00 per month if the withdrawal is for employees plus one coverage, or $229.00 per month if the withdrawal is for family coverage, to be added to the employee's paycheck or to be placed in the City's deferred compensation plan. Section 2. Dental Insurance. The City shall contribute to a dental benefit package for the employee and dependent at a cost of up to $31.95 per employee per month. Any amounts necessary to fund existing benefits in excess of the amounts which the City is obligated to contribute set forth above shall be borne by the employee. Section 3. Life Insurance. Each employee covered by this Agreement shall be provided with a group term life insurance benefit of $10,000. (20) ARTICLE XII RETI RE:ENT Section 1. PERS Coverage. 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 Imployees' Retirement System, and are incorporated into this Memorandum of Understanding. The Association and the City agree on the intent to amend the PERS contract to provide the benefit known as the 2% at 55 plan on or around November 1, 1995; but realize the contract amendment must include all miscellaneous employees (some of which are represented by other bargaining groups). If the contract amendment process has not begun by November 1, 1995, and /or it has been determined that this benefit cannot be granted, the City shall grant an increase of 3% in addition to the increase per Article III, Section 1(A)2, effective November 6, 1995. Section 2. Employee's Contribution. Seven (7) percent of the employee's gross salary is applied to the employee's contribution to the Public Employees' Retirement System. Section 3. Retiree Medical Annuity. An employee who retires from the City of Downey after January 1, 1989, shall be entitled to participate in the City - sponsored medical plan and the City shall contribute up to a maximum of $98.00 per month toward the premium for employee only coverage under the City - sponsored medical plans, provided: A. At the time of retirement the employee has a minimum of ten (10) years of service, or is granted a service - connected disability retirement; and 8. At the time of retirement the employee is employed by the City; and C. Effective the day after official separation from the City the employee has been granted a retirement allowance by the California Public Employees' Retirement System. The City's obligation to pay up to a maximum of $98.00 per month toward the premium in the City plan shall be modified downward or cease during the lifetime of the retiree upon the happening of any one of the following: 1. During any period the retired employee is eligible to receive or receives health insurance coverage at the expense of another employer the payment will be suspended. "Another employer" as used herein means private employer or public employer or self - employed or the employer of a spouse. As a condition of being eligible to receive the premium contribution set forth above, the City shall have the right to require any retiree to annually certify that the retiree is not receiving any such paid health insurance benefits from another employer. If it is later discovered that misrepre- sentation has occurred, the retiree will be responsible for reimbursement of those amounts inappropriately expended and the retiree's eligibility to receive benefits will cease. (21) 2. If the retired employee becomes eligible to enroll, automatically or voluntarily, in Medical or Medicare, the City's plan shall provide secondary coverage only and the City's contribution rate set forth above shall be adjusted downward accordingly. 3. In the event the Federal government or State government mandates an employer- funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public plan) for retirees, the City's contribution rate set forth above shall be first applied to that plan. If there is any excess, that excess may be applied toward the City medical plan as supplemental coverage provided the retired employee pays the balance owing for such coverage if any. 4. Upon the death of the retired employee, this benefit shall cease. It is understood and agreed that the annual amount contributed by the City to fund the Retiree Medical Annuity on behalf of the employees, shall be included as an item of compensation in total compensation survey comparisons. ARTICLE XIII 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 equivalent to the rate charged at California State University at Los Angeles for courses on the quarter system, and Cal - fornia State University at Long Beach for courses on the semester system. Reimbursement shall be required for books only. ARTICLE XIV PROBATIONARY PERIOD Section 1. An original or promotional appointment will be tentative and subject to a probationary period of not less than six (6) 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 who is on probation for up to an additional three (3) months. During the probationary period an employee may be terminated at any time because of unsatisfactory performance. During the probationary period the employee's supervisor shall attempt to counsel the probationary employee on a periodic basis, prior to the end of the probationary period regarding his performance. (22) Section 2. If the service of the probationary employee has been satis- factory 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. If the services of the employee are deemed to be unsatisfactory and his employment is to be terminated at or before the expiration of the probationary period, the appointing authority shall notify such employee not later than two (2) weeks prior to the end 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 appointment or at the conclusion of the probationary period by reason of failure of the appointing power to file a statement that his services have been satisfactory, or at the discretion of the employee, shall be reinstated to the position from which he was promoted unless charges are filed and he is discharged in the manner pro- vided in the Personnel Ordinance and the rules for positions in the classified service. If there are no vacancies in the position from which he was promoted, the provisions of ARTICLE XV shall apply. Section 2. to recall for a period of one (1) year. ARTICLE XV SENIORITY Section 1. Employee seniority is the length of continuous service of the employee with the City from his most recent date of hire or rehire. A. No employee shall acquire any seniority until he has completed his probationary period. B. When an employee has completed his probationary period, his seniority shall date from date of.hire. Section 3. Seniority shall apply between employees in a classification within a department for purposes of layoff and recall if, in the objective determination of the City, the employees' ability, competency, and skill are substantially equal. Section 4. Any separation from service, other than an approved leave of absence or layoff, shall cause the employee to lose his seniority rights. Section 5. An employee who is laid off shall retain his seniority rights (23) Section 6. Seniority Bidding. A. With respect to work assignments of covered employees in the Police Department, work shifts, days off and vacation will be based upon seniority within classifications. Shift selection procedures involving employee bidding based upon seniority shall be implemented regularly, provided the Chief of Police shall retain the authority and discretion to assign individual Communications Operators to shift scheduling without regard to seniority to insure tht a balance of experienced personnel are assigned to the respective shifts or to otherwise meet the needs of the department. B. If, in the opinion of the Chief of Police, it should become necessary to establish shift assignment procedures departing from seniority bidding, the Chief of Police shall give written notice of such change as far in advance as practical. Prior to implementing such a general change, the Chief of Police shall meet and confer with the Association regarding the impact of the decision. E. Methods of financing. ARTICLE XVI 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 provisions of this Agreement or by law to manage the City, as such rights existed prior to the execution of this Agreement. 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 existence or non- existence of facts which are the basis of the Management decision. C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. D. To determine the nature manner, means, and technology, and extent of services to be provided to the public. F. Types of equipment or technology to be used. G. 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. H. 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. (24) I. 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. J. To relieve employees from duties for lack of work or similar non- disciplinary reasons. K. To establish and modify productivity and performance programs and standards including, but not limited to, quality and quantity standards; and to require compliance therewith. L. To discharge, suspend, demote, or otherwise discipline employees for proper cause. M. To determine job classifications and to reclassify employees. N. To hire, transfer, promote and demote employees for non - disciplinary reasons in accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the City. 0. To determine policies, procedures and standards for selection, training and promotion of employees. 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. R. To take any and all necessary action to carry out the mission of the Agency in emergencies. Section 2. Except in emergencies, as defined in Article XXIII, 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 Association, the City agrees to meet and confer with representatives of the Association regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Agreement or in the personnel or departmental rules and regulations and /or salary resolutions. By agreeing to meet and confer 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 an arbitrary or capricious or invidiously or discriminatory manner or in such a manner as to imperil the health and /or safety of the employees. (25) EMPLOYEE ORGANIZATION RIGBTS AND RESPONSIBILITIES 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. Section 3. The Association may select a maximum of three (3) members to attend scheduled meetings with the Personnel Officer or other management representatives on subjects within the scope of representation during regular work hours. In addition, they may meet for a maximum of one hour per meet - and- confer session for the purpose of preparation of such sessions. A. PROHIBITED CONDUCT ARTICLE XVII ARTICLE XVIII NO STRIKE - NO LOCKOUT 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 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 an'y 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 and privileges accorded to the Association under the Employee Relations Ordinance in this Agreement including, but not limited to, right of access, check -off, the use of the City bulletin boards and facilities. (26) 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 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. ARTICLE XIX GRIEVANCE PROCEDURE Section 1. Grievance. Grievance shall be defined as a dispute between the Association, employee or employees and the City, regarding interpretation or application of specific provisions of this Agreement, personnel rules, or departmental rules and regulations. Section 2. Conduct of the Grievance Procedure. A. 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. The employee shall not suffer any reprisal from management for utilizing the grievance procedure set forth herein. B. 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. C. All time limits specified may be extended to a definite date by mutual agreement of the employee_or his Association representative, and the decision making management representative involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in writing and signed by the employee or Association representative and management representative. Section 3. The grievance procedure shall provide for the following steps; except for grievances that are a result of disciolinary action, which shall begin at Step Two. Steo One. An employee must attempt first to resolve a grievance through discussion with his immediate supervisor without undue delay on an informal basis. If, after such discussion, the employee does not believe the problem has been satisfactorily resolved, he shall have the right and (27) obligation to discuss it with his supervisor's immediate supervisor, 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 responsive, all parties involved shall expedite this process. In no case may more than ten (10) working 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. Steo Two. Department Head Response. If the grievance is a result of disciplinary action which has been processed through the "Skellev Process," or if the grievance is not resolved in Step One, or if no answer has been received within five (5) working days from the presentation of the oral grievance, the employee may, within ten (10) working days from the date of the incident giving rise to the grievance, present the grievance in writing to his department head. 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 his decision and comments, in writing, and return them to the employee within ten (10) working days after receiving the grievance. Stec Three. Employee Relations - Personnel. If the grievance is not resolved in Step Two, or if no answer has been received within time limits established in Step Two, the employee may within ten (10) working days, present the grievance in writing to the designated management representative for processing. Failure of the employee to take this action will constitute termination of the grievance. In the event the employee is not being repre- sented by a recognized employee organization, the designated management representative shall attempt to resolve the grievance. If the employee is being represented by a recognized employee organization, the designated management representative shall convene a joint meeting of the recognized employee organization and himself, within five (5) working days, in an attempt to resolve the grievance. In the event the grievance is not satisfactorily adjusted or settled through discussion at this level, Management shall advise the employee and /or employee organization, in writing, within ten (10) working days as to its position on the grievance. Step Four. Personnel Advisory Board. If the grievance is not resolved in Step Three the employee may, within ten (10) working days of the receipt of the written position from the designated management representative, present the grievance in writing to the Personnel Officer for submission to the Personnel Advisory 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. Step Five. Final Process - City Manager. If the grievance is sub- mitted to the City Manager for review and settlement, the City Manager shall render a written decision to the parties within ten (10) working days. The decision of the City Manager shall be final. (28) ARTICLE XX MISCELLANEOUS Section 1. Substance Abuse Policy. The City of Downey and the Association have a vital interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but to co- workers and the citizens of Downey. The possession, use or sale of an illegal drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City premises, at work locations, or while on duty or being compensated on an "on call status." The City of Downey and the Association recognize that their future is dependent on the physical and psychological well being of all employees. The City and the Association mutually acknowledge that a drug and alcohol -free work environment benefits Downey's employees and citizens. The purpose of this section is to define the City's drug and alcohol policy as well as the possible consequences of policy violation. A. Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of Police Officers which are undertaken in accordance with the direction of the Police Department. B. When reasonsable suspicion exists, the City may require an employee to submit to a medical examination, including, but not limited to, a substance screening. Substance screening means the testing of urine or other body fluids as reasonably deemed necessary by a physician to determine whether an employee has a restricted substance in their system. 1. Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. C. Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the facts constituting reasonable suspicion and shall give the employee a copy. The employee shall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be repre- sented. Because time is of the essence in drug screening, a representative must be available within a reasonable time or the employee will then be ordered to submit to substance screening. An employee who refuses to submit to a substance screening may be considered insubordinate and shall be subject to disciplinary action up to and including termination. D. The supervisor, or designee, shall transport the suspected employee to the testing facility. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in (29) a DOX Security Container System or other system which includes methods or mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certified by the National Institute on Drug Abuse and comply with established guidelines for "chain of custody" to insure that identity and integrity of the sample is preserved throughout the collecting, shipping, testing and storage process. E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An employee who tests positive on a confirmatory test will be given the opportunity to discuss the results with a physician to be designated by the City. The employee should be prepared at that time to show proof of any valid medical prescription for any detected substance or to otherwise explain, if he or she so chooses, a positive test result. F. While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs which are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these circumstance. G. Employees with substance abuse problems are encouraged to participate voluntarily in the City - sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete confidentiality and without adverse consequences to his/her employment. Employees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated. Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and /or other violation of this policy or other City /department rules and regulations, the City may refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to. agreement by the employee to enroll, participate in and successfully complete a rehabilitation and /or counseling program and other terms and conditions in a "Last Chance Agreement." 1. It is the City's intent to use the EAP option for first offenders except the City reserves the right to discipline for those offenses which are a significant violation of City /department rules and regulations or where violation did or could have resulted in serious injury or property damage. Section 2. Transfer Rights. The City agrees that if an employee's current supervisor or department head does not approve an employee's transfer to another department who has offered that employee a position, the employee may appeal the decision to the Personnel Director. (30) Section 3. Labor- Management Committee. Representatives of the Association and management shall meet on a quarterly basis for purposes of improving communication and resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties having equal opportunity to submit items. Any matter agreed upon by both parties may be discussed; but discussion does not constitute waiver of access to the grievance process. Chairmanship of the committee shall be alternated among the parties. Section 4. Post Training. The City shall endeavor to have at least two Communication Operators who have completed P.O.S.T. training in the Police Communications Center. Section 5. Should the City grant salary increases to the D.C.E.A. /Miscellaneous and /or Maintenance Units of more than 1.5% during 1995, the City agrees to grant the difference to this Association. The City and Association agree that for the purpose of this provision, an increase in salary granted in lieu of the 2% at 55 plan shall not be considered nor shall salary adjustments to specific classifications be considered. ARTICLE XXI SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING Section 1. It is the intent of the parties hereto that the provisions of this Agreement shall supersede all prior agreements and memoranda of understanding, or memoranda of agreement, or contrary salary and /or personnel resolutions and ordinances of the City, oral or written, expressed or implied, agreements between the parties or understandings between the parties, and shall govern their entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This Agreement 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 and regulations. To the extent that this Agreement does not specifically contravene provisions of these personnel resolutions, ordinances, departmental rules and regulations; such personnel resolutions, ordinances and departmental rules and regulations are specifically incorporated herein. ARTICLE XXII WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT During the term of this Agreement, 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 Agreement or in the negotiations leading thereto and irrespective of whether or not such matters were discussed or were even within the contemplation of the parties (31) hereto during the negotiations leading to this Agreement. waiver contained in this Article, the parties may: 1. By mutual agreement, in writing, agree to meet any matter during the term of this Agreeemnt. 2. Meet and confer in accordance with Article XVI, ARTICLE XXIII EMERGENCY WAIVER PROVISION In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, provisions of this 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 provisions in the Agreement and any Personnel Rules and policies. ARTICLE XXIV SEPARABILITY Regardless of the and confer about Section 2. Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, or by applicable laws, statutes, ordinances and regulations of the United Stated of America and the State of California, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement. ARTICLE XXV TERM OF THIS MEMORANDUM OF UNDERSTANDING The term of this Agreement shall commence on November 1, 1994, and shall continue in full force and effect until October 31, 1996. (32) ARTICLE XXVI 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 , 1995. CITY OF DOWNEY: DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION By: By: By: By: By: By: By: By: (33) EXHIBIT A CLASSIFICATIONS REPRESENTED BY TEE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION Communications Operator Dispatch Supervisor Fingerprint Evidence Technician Fire Service Attendant Identification Technician (non - sworn) Parking Enforcement Officer Police Aide II Police Assistant Police Clerk I Police Clerk II Street Sweeping Enforcement Officer (34)