HomeMy WebLinkAbout10. DPSAA.MOU.2010-2014.07-24-12TO:
FROM:
SUBJECT:
RECOMMENDATION
AGENDA MEMO
Mayor and Members of the City Council
Office of the City Manager
By: Irma Youssefieh, Human Resources Director
ADOPTION OF MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND THE DOWNEY PUBLIC SAFETY
AUXLIARY ASSOCIATION
Staff requests the City Council adopt the attached resolution:
S: /Agenda Memos.CC.2012 /DPSAA.MOU.doc
CITY OF DOWNEY, CALIFORNIA
DATE: July 24, 2012
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 (November 1,
2010 — March 31, 2014)
DISCUSSION
Staff has reached agreement with the Downey Public Safety Auxiliary Association
(DPSAA). This Association currently represents 42 employees in non -sworn public
safety support classifications. Labor negotiations for the contract term that begins
November 1, 2010 to March 31, 2014 includes previously imposed labor provisions and
positive outcomes between the City and the DPSAA that include employee economic
concessions to assist the City in meeting projected fiscal challenges in Fiscal Years
2012 -2013 and 2013 -2014. These concessions include: benefit reductions in the City's
medical insurance program effective July 1, 2012; a change from a self- funded medical
program to a fully insured program effective October 1, 2012 with a reopener in June
2013 to discuss further changes to insure cost savings are maintained in Fiscal Year
2013 -2014; an employee contribution of 2% compensation towards employer retirement
costs that begins with the pay period that includes July 1, 2012 and an additional 2%
(for a total of 4 %) contribution starting in the pay period that includes July 1, 2013; and,
an agreement on mandatory non -paid furlough leave for unit employees in Fiscal Years
2012 -2013 and 2013 -2014 in the amount up to but not to exceed 72 hours per year.
The Memorandum of Understanding is a product of a labor negotiation process
involving the DPSAA and City management representatives. This process was
completed in accordance with State law and the City's Personnel Rules and
Regulations.
FISCAL IMPACT: Based on current information available and dependent upon total
claims incurred by the City's self- funded medical plan at termination, City -wide medical
savings are projected to be approximately $1.5M in Fiscal Year 2012 -2013. Additional
savings in personnel costs in Fiscal Year 2012 -2013 and 2013 -2014 is approximately
$161,484 per year.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION (November 1,
2010 — March 31, 2014).
WHEREAS, the City has met its obligation to meet and confer pursuant to the Myers -
Milias -Brown Act and Employee Relations Ordinance No. 1118; and
WHEREAS, the City and the Association have reached agreement; and
WHEREAS, the City and the Association have memorialized the agreement in a written
Memorandum of Understanding.
ATTEST:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of Downey and the
Downey Public Safety Auxiliary Association, attached hereto, is hereby approved in
substantially the form thereof together with any additions thereto or changes therein deemed
necessary or advisable by the City Manager.
SECTION 2. The Human Resources Director is authorized to sign the Memorandum of
Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 24 day of July, 2012.
Adria M. Jimenez, City Clerk, CMC
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
Roger C. Brossmer, Mayor
HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Downey at a regular meeting held on the 24 day of July, 2012 by the following vote,
to wit:
Adria M. Jimenez, City Clerk, CMC
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
November 1, 2010 — March 31, 2014
IV
ARTICLE NO. TITLE OF ARTICLE PAGE NO.
I RECOGNITION 1
11 NON - DISCRIMINATION 1
111 BASIC COMPENSATION PLAN 1
V
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
(Pending update)
Sec. 1 - Salary Adjustments 1
Sec. 2 - Plan of Salary Schedules 2
Sec. 3 - Eligibility for Merit Salary Advancement 2
Sec. 4 - Salary Schedule Step Reduction 3
Sec. 5 - Merit Longevity 3
Sec. 6 - Eligibility for Promotion Increases 3
Sec. 7 - Eligibility for Differential Pay 3
Sec. 8 - Bonus Pay for Training 4
Sec. 9 - Uniform Allowance 4
Sec. 10- Acting Pay 4
Sec. 11- Out -Of -Class Pay 4
Sec. 12- Bilingual Pay 4
Sec. 13- Court time 5
Sec. 14- Standby Compensation 6
Sec. 15- Matron Duty Pay 6
WORK WEEK 6
OVERTIME (COMPENSATORY TIME) 7
Sec. 1 - Compensation for Overtime 7
Sec. 2 - No Pyramiding 8
Sec. 3 - Discouragement of Overtime 8
Sec. 4 - Emergency Service Condition 8
Sec. 5 - When Absent from Duty 8
Sec. 6 — Overtime 8
Sec. 7 — Cash in Compensatory Time 8
VI COMPENSATION FOR SPECIAL CALL IN 8
VII HOLIDAYS 9
VIII VACATION 10
IX LEAVES OF ABSENCE 10
X
XI
XII
Sec. 1 - Leaves of Absence 10
Sec. 2 - Written Notice of Intent to Return 11
Sec. 3 - Outside Employment While on Leave 11
Sec. 4 - Sick Leave 11
Sec. 5 - Emergency Leave 12
Sec. 6 - Personal Leave 13
Sec. 7 - Workers' Compensation - Injury on Duty 13
Sec. 8 - Employee Disability Leave 14
Sec. 9 - Military Leave 15
Sec. 10- Jury Duty 15
Sec. 11— Reduction in Salary Through Mandatory 15
Unpaid Furlough Leave
FRINGE BENEFIT ADMINISTRATION 15
HEALTH, DENTAL AND LIFE INSURANCE 16
Sec. 1 - Medical Insurance 16
Sec. 2 - Dental Insurance 16
Sec. 3 - Life Insurance 17
Sec. 4 — Long Term Disability Ins. (LTD) 18
RETIREMENT 18
Sec. 1 - PERS Coverage 18
Sec. 2 - Employee's PERS Contribution 18
Sec. 3 - Retiree Medical Annuity 18
Sec. 4 — PERS Coverage /2.7% at age 55 19
Sec. 5 — PERS 19
XIII TUITION REIMBURSEMENT 19
XIV PROBATIONARY PERIOD 19
XV SENIORITY 20
XVI CITY RIGHTS 21
XVII EMPLOYEE ORGANIZATION RIGHTS AND 23
RESPONSIBILITIES
Sec. 1 - Dues Deductions 23
Sec. 2 — Indemnification 23
Sec. 3 - Release Time for Meet and Confer 23
ii
XVIII
XIX
XX
XXI
EXHIBIT A
NO STRIKE - NO LOCKOUT 23
GRIEVANCE PROCEDURE 24
Sec. 1 — Grievance — Definition 24
Sec. 2 - Conduct of the Grievance Procedure 24
Sec. 3 - Grievance Procedure Steps 24
MISCELLANEOUS 26
SOLE AND ENTIRE
MEMORANDUM OF UNDERSTANDING 28
XXII WAIVER OF BARGAINING DURING TERM OF
THIS AGREEMENT 28
XXIII EMERGENCY WAIVER PROVISION 28
XXIV SEPARABILITY 29
XXV TERM OF MEMORANDUM OF UNDERSTANDING 29
XXVI RATIFICATION AND EXECUTION 30
CLASSIFICATIONS REPRESENTED BY D.P.S.A.A. 31
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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.
ARTICLE III
BASIC COMPENSATION PLAN
Section 1. Salary Increases /Adjustments.
A. Salary Increase. There shall be no across - the -board base salary increases for
represented classes during the term of this Memorandum of Understanding.
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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 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. 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 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.
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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 and
that 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 (5.5 %); and after twenty (20) years, one and one -half (1 -1/2) steps
above their monthly base rate (5.5% +2.75 %).
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.
Section 6. Eligibility for Promotion Increases.
A. Any employee receiving a promotion shall receive a salary increase equivalent to one
(1) 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 application of provision A of this Section.
Section 7. Eligibility for Differential Pay.
A. Police Department Personnel.
1. Employees in the Police Department may receive one (1) of the following salary
additives as shift differential pay if they meet the indicated qualifications:
a. an employee whose regular work shift contains six or more hours between
5:00 p.m. and 5:00 a.m. shall receive a 5.5% shift differential (ii) an employee
whose regular work shift contains four or more hours between 5:00 p.m. and
5:00 a.m. shall receive a 2.7% shift differential and (iii) an employee whose
work shift begins before 6:00 a.m. or ends after 6:00 p.m. shall receive a
1.1% shift differential.
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2. Employees who work the above scheduled times on either an overtime basis or
regular basis, but are not assigned to such shifts as part of their regular schedule
are not eligible to receive shift differential pay.
3. Employees who are assigned a shift schedule that is not identical for each work
day of their work week shall receive a shift differential amount that is equal to the
average of the indicated percentage amounts for each work day. For example,
an employee who works four (4) shifts in a work week is assigned a shift that
qualifies for a 5.5% shift differential three (3) days and a shift that qualifies for a
2.7% differential one (1) day. The average of the percentage amounts is (3 x 5.5
+2.7)/ 4, or 4.8 %.
B. Fire Department.
1. Regional Fire Communications Operators shall receive a differential pay of two
and three - quarters percent (2.75 %) while working any shift.
2. Fire Dispatch Supervisor shall receive the two and three - quarters percent
(2.75 %) differential pay if scheduled to work hours other than 7:30 a.m. to 5:30
p.m.
Section 8. Bonus Pay for Training. At the Chief's discretion, an employee may be
paid an amount equal to two and three - quarters percent (2.75 %) 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 Allowance. 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 (3)
complete sets of uniforms (shirts, skirts, or trousers) and other uniform gear as required by
departmental guidelines. Thereafter, uniforms shall be replaced on an as needed basis as
determined by each of the departments.
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.
Section 11. Out - - 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 combined total of eighty (80) hours during a calendar year. Paid holidays shall
be considered as days actually worked. Other forms of authorized leave such as sick leave,
emergency leave, vacation and all other non - holiday leave shall not be considered as days
actually worked.
Section 12. Bilingual Pay. Employees required to speak or translate Spanish, or other
languages designated by the City Manager, as part of their regular duties will be compensated
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twenty -three dollars and eight cents ($23.08) per biweekly pay period in addition to their regular
salary. The Fire Chief and /or the Police Chief have 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. Effective
October 30, 2000, qualified employees will be compensated at forty -six dollars and fifteen cents
($46.15) per biweekly pay period. Effective November 3, 2008, qualified employees will be
compensated at fifty dollars ($50.00) per biweekly pay period.
Section 13. Court Time.
A. Court time is time required to be spent by all bargaining unit employees 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. All bargaining unit employees shall be compensated
for court time as follows:
1. Criminal Witness: All bargaining unit employees will 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 absence 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): All bargaining unit employees 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.
3. Payments: Payments under this Section shall be on the regular payday following
such court appearance. The Chief of Police shall make a report to the 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.
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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.
d. Standby pay shall be paid at the rate of time and one -half (1 -1/2) the
employee's regular rate of pay.
Section 14. Standby Compensation.
A. All Employees. Any unit member who is designated by management to be on
standby on the weekends and /or holidays shall be compensated for standby time at ten (10)
hours compensatory time for Saturday and Sunday and five (5) hours compensatory time for a
holiday. Any unit member designated by management to be on standby shall be required to
carry a beeper and answer all calls from the department in a timely manner.
B. Police Dispatch Center. The City wishes to establish a viable call back list. All
Public Safety Dispatchers shall have their names on the list. In addition, any unit member who
has completed Public Safety Dispatcher training and has been approved by the Police
Department to participate, may sign up for, and be placed on the call back list. Each weekend
when staff vacancies so dictate, the person who is on the top of the list, shall be designated as
standby for the weekend and will be subject to mandatory call back for work during the
weekend. The weekend shall be defined as Friday 1700 hours to Monday 0500 hours. The
person designated shall receive fifteen (15) hours of compensatory time for the weekend. If the
designated person is called in for up to one (1) shift, the employee will receive the fifteen (15)
hours of compensatory time. In the event the employee is called in to work two (2) shifts during
the defined weekend hours, they will receive seven and one -half (7.5) hours of compensatory
time and will not be subject for call back for the remainder of the weekend. Once the person
has been designated for a weekend, their name is rotated to the bottom of the list. Individuals
may swap locations on the list as long as the request is made in writing to their supervisor and
the swap has been approved prior to the start of the weekend.
Section 15. Matron Duty Pay. Police Records Specialists I & II are required as a part
of their regular duties to search female prisoners. Effective October 25, 2005, those employees
required to search female prisoners shall receive matron duty pay of two per cent (2 %). Should
these duties be removed from the classification and /or should an individual employee be
declared unable to perform these duties because of physician ordered permanent work
restrictions, the matron duty pay shall be removed for the classification and /or the individual.
The removal of pay shall not occur when a physician declares the work restrictions temporary.
ARTICLE IV
WORKWEEK
Section 1. The regular workweek for all employees, except for Regional Fire
Communications Operators, covered by this Agreement shall be forty (40) hours per week.
Section 2. Regional 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:
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A. In compliance with the FLSA regulations, Regional Fire Communications Operators
will be paid for all hours actually accrued during the pay period.
B. AM hours worked in excess of forty (40) hours in a workweek will be paid at the
overtime rate of time and one -half (1 -1/2) the employee's regular rate of pay.
C. To avoid the prospect of having to reduce the number of hours reported for
retirement purposes, the City will continue to report forty (40) hours per week to PERS
regardless of whether the employee actually accrued forty (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 forty (40) hour work week. Other forms of paid leave time (i.e.,
vacation and compensatory time) will be included as part of the forty (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 Agreement, the normal
work week shall consist of four (4) ten (10) 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 for 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. If an individual employee does not receive a written notice two (2) weeks before the
change, the employee shall not lose shift differential pay for the first two (2) weeks of the
schedule 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
OVERTIME (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 (1 -1/2) 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 Regional Fire Communications
Operators refer to Article IV, Section 2(C))
Section 2. No Pyramiding. 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.
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Section 3. Discouragement of Overtime. 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. When Absent from Duty. 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. If the employee is ordered
to work during their vacation, the employee will be paid overtime for those hours worked.
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. Management may inform employees,
prior to the performance of the work, that only "compensatory time" is available. In this
instance, employees shall have the right to refuse the overtime assignment.
Section 7. Cash in 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 (1 -1/2) the employee's regular rate of pay. 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 (1 -1/2) the employee's regular hourly rate of pay.
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ARTICLE VII
HOLIDAYS
Section 1. Employees will receive one hundred and forty (140) hours of holiday time in
January of each year. This time is in recognition of the following holidays:
1. New Year's Day
2. Martin Luther King's Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Day before Christmas
11. Christmas Day
Section 2. Employees may use holiday time as time off from work at any time during
the calendar year, subject to their department's approval. An employee who does not work on a
holiday that is a regularly scheduled work day must use holiday pay for the time off. In the
event that an employee has no holiday time balance and the department allows the employee
time off work for a holiday, then the employee must use either vacation or compensatory time
for the time off.
Section 3. If the holiday falls on an employee's regular work day, and the employee
works on that day, then the employees may request twelve and one -half (12.5) hours of pay
during and subsequent to the pay period in which a City holiday falls. If the holiday falls on an
employee's non -work day, then the employee may request twelve and one -half (12.5) hours of
pay during and subsequent to the pay period in which a City holiday falls.
Section 4. Employees who terminate from the City and who have not fully used their
holiday hours will be paid for the unused holidays that have occurred prior to their termination at
a rate of twelve and one -half (12.5) hours per holiday at the rate of pay in effect at the time of
termination, plus two and one -half (2.5) hours.
Section 5. Employees hired during the year will receive holiday hours for the holidays
that will occur between their hire date and December 31 at a rate of twelve and one -half (12.5)
hours per holiday.
Section 6. Any holiday hours that remain on an employee's record at the end of the
calendar year, will automatically be paid off on a regular paycheck in January.
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ARTICLE VIII
VACATION
Section 1. Employees covered by this Agreement shall accrue vacation leave with pay
on the following scheduled basis:
Year of Service Hours per Year Monthly Accrual
0- 3 80 6.7
4- 5 96 8.0
6 - 10 120 10.0
11 - 15 136 11.3
16 - 20 160 13.4
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 employee's rate of pay at the time of
the pay -off.
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. Full -time permanent employees, who are separated from their employment
with the City, after completion of the probationary period, shall be paid all accrued vacation.
Section 5. 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 (1)
shift increments at times other than originally scheduled provided that a qualified substitute can
be found to replace the employee for that shift.
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
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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 expiration of leave shall be considered a voluntary resignation. 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. 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. Written Notice of Intent to Return. 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. Outside Employment While On Leave. 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 accrued by covered employees at the rate of eight (8) hours per
month of service. Sick leave shall not be considered as a privilege that an employee may use
at his discretion but shall be allowed only in case of necessity and actual sickness or disability.
Unused sick leave shall accrue 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.
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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 (2) physicians, a third physician shall be
selected by the first two (2) 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. Upon retirement of an eligible employee, 100% of an employee's unused
accumulated sick leave shall be deposited into the City Retirement Health Savings Plan to be
used for eligible medical expenses. The maximum number of hours that will be deposited is
1,900 hours.
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 taken shall be deducted from the oldest, lowest value accrued sick
leave first, provided, however, when an employee takes sick leave, the employee
shall receive for each day of sick leave one (1) day's pay at the employee's rate
of pay in effect at the time of taking sick leave. For covered employees with
twenty (20) years of City service; or retirees with a physical disability, or a
psychological disability resulting from a direct consequence of a violent act, sick
leave shall be converted at the prevailing rate.
J. Employees who become entitled to accrued sick leave allowance that has not been
used may convert each two (2) hours of accumulated sick leave to one (1) additional hour of
vacation; after having accumulated six hundred and forty (640) hours of sick leave and providing
that not more than forty (40) hours 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, that 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,
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spouse, child or grandchild or grandparent of any eligible employee, or of the spouse of any
employee of the City.
B. For absences under this Section exceeding a total of three (3) working days in any
six (6) month period, a physician's certificate verifying the family's incapacitation 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. 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 that are of an unseen
combination of circumstances that call for immediate action or to add additional hours per
Holiday as covered in Article VII Section 7. Such matters shall be considered as those events
or occurrences that 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. When an employee is absent from work by reason of an injury or illness covered by
Workers' Compensation, the City will pay the difference between the amount granted pursuant
to the Workers' Compensation Act and the employee's regular rate of pay for up to one (1) year.
Employees who are covered by this Agreement and are hired after May 13, 1997; and are
absent from work by reason of an injury or illness covered by Workers' Compensation, the City
will pay the difference between the amount granted pursuant to the Workers' Compensation Act
and eighty -five percent (85 %) of the employee's regular rate of pay for up to six months (twenty -
six pay periods). Thereafter, the employee will be paid the amount required by the Workers'
Compensation Act.
B. 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. An employee that has at least one (1) year of continuous service with the City and
who has exhausted all accrued leave (vacation, sick leave, compensatory time) due to non-
industrial illness or injury can be advanced sick leave time at the rate of seventy -five percent
(75 %) of the employee's regular salary according to the following table:
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Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. Application for disability leave shall be made by the employee to the City Manager
through the department head, accompanied by full medical justification from a physician chosen
by the City at the direction of the City. Failure to submit to such an examination shall be a basis
for terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing.
C. After the employee returns to work, the employee shall reimburse the City for the
value of the advanced sick leave time by having the employee's sick leave accrual for sick leave
reduced by four (4) hours per month or may contribute vacation leave to accelerate the
employee's reimbursement to the City for providing the benefits under this Article.
D. When the "maximum time allowance" has been reimbursed as set forth above,
the employee shall be eligible to apply for additional disability leave; 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 the City Manager shall include, but
not be limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The leave is being used as a pre- retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information and
submitting to any examination requested by the City to determine the existence
or continuing nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled to
end employment with the City and has not completed the reimbursement schedule for this
benefit, the balance due shall be handled by payroll deduction or accounts receivable as
applicable.
Section 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
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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.
B. In the event that the court fully reimburses the City for the full salary of an employee
on jury duty, the City will immediately reinstate the practice of providing paid release time to
employees forjury duty.
C. In the event that an employee is called forjury 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.
Section 11. Reduction in Salary through Mandatory Unpaid Furlough Leave. The
Association agrees that in order to meet the City's economic challenges of Fiscal Year 2012-
2013 and Fiscal Year 2013 -2014, employees will be furloughed up to and not to exceed
seventy -two (72) hours in mandatory unpaid furlough leave during each fiscal year.
The City commits that it shall affirmatively review in September 2012 for Fiscal Year 2012 -2013
to determine if the total of seventy -two (72) mandatory unpaid furlough leave hours will be
needed before implementation. The City agrees to meet and confer in May 2013 to discuss the
need for up to and not exceeding seventy -two (72) hours in mandatory unpaid furlough leave in
Fiscal Year 2013 -2014.
With advance department head approval, furlough leave hours may be voluntarily taken in
increments of up to the number of hours in a regular work shift. In the event more mandatory
non -paid furlough leave hours are taken (not to exceed 72 hours) by an employee than are
needed after appropriate fiscal review, the City shall reimburse the employee with the total
amount of non -paid furlough leave hours exceeded with an equivalent deposit of vacation hours.
Department operations will be considered in the scheduling of all unpaid furlough leave
including special needs.
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.
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
15
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.
A. Effective July 1, 2012 to September 30, 2012, the City shall provide medical
insurance benefits as follows:
Downey Self- Funded Plan:
a. Increase in the Annual Deductible for In- Network/Out -Of- Network from $100
(per person) /$250 (per family) to $500 (per person) /$1000 (per family).
b. Reduce Out of Network co- insurance rate from 80% to 70 %.
c. Increase the maximum Out of Pocket, excluding the prescription benefit out -
of- pocket, from In- Network/Out -Of- Network $250 (per person) /$500 (per
family) to $2,500 (per person) /$5,000 (per family).
d. Increase in prescription cost from $3 for generic products (Tier 1); $5 for
preferred brand products (Tier 2), and $0 mail order to:
• 30 day supply: $10 generic /$15 brand /$45 non - formulary brand
• 90 day supply by mail order: $20 generic /$30 brand /$90 non - formulary
brand.
e. Increase office visit co- payment from $0 to $20.
f. The City shall continue to contribute one hundred percent (100 %) of the cost
of coverage for an employee plus his qualified dependent(s) in this plan.
Kaiser:
a. Increase Co -Pay from $5 to $10.
b. The City shall continue to contribute one hundred percent (100 %) of the
premium cost to provide coverage for an employee plus his or her qualified
dependent(s) in this plan.
B. Effective for coverage beginning October 1, 2012, the City shall contract with
CaIPERS for the provision of medical insurance benefits under PEMHCA:
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1. The City shall contribute one hundred percent (100% of the premium cost of any
plan selected by the employee to provide coverage for the employee and his or
her qualified dependents, except that if the employee selects the PERSCare
plan, the employee must pay the difference between the PERSCare premium
and the next highest premium.
2. The City and the Association agree to a reopener in February 2013 to discuss
the City's contribution amount if the fiscal review of the City's change to
CaIPERS PEMHCA does not result in projected City -wide cost savings of $1.5
million in FY 2013 -14.
3. In its contract to implement the CaIPERS PEMHCA medical insurance program,
the City will structure mandated employer contributions for retirees in a manner
to maintain cost savings.
4. The parties shall, by mutual agreement, make any necessary and legal
modifications to the retiree medical benefits provisions in the Memorandum of
Understanding necessary for conversion to the CaIPERS PEMCHA program that
are consistent with the benefits set forth in Article XII, Section 3.
C. Employee Waiver of Medical Coverage. The City agrees to permit an employee to
waive City sponsored medical coverage 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 to the Human Resources Office that his /her
qualified dependent(s) are covered by another non -City sponsored health plan;
and
4. The employee notified the City during the enrollment period upon hire or during
the City's announced annual open enrollment period.
The City agrees that the employee who is qualified to waive coverage shall receive
eighty -one dollars ($81.00) per month if waiver eligibility is for employee only coverage, one
hundred sixty -two dollars ($162.00) per month if waiver eligibility is for employee plus one
coverage, or two hundred twenty -nine dollars ($229.00) per month if waiver eligibility is for
family coverage. The eligible amount will be added to the employee's paycheck or will be
placed in the employee'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 thirty -one dollars and ninety -five cents ($31.95)
per employee per month. Any amounts necessary to fund existing benefits in excess of the
amounts that the City is obligated to contribute set forth above shall be borne by the employee.
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For Delta Dental Coverage. Effective January 1, 2006 (start of new benefit year), the
City agrees to increase the maximum benefit payable from one - thousand dollars ($1,000) to
two - thousand dollars ($2,000) for each enrollee in each calendar year. Further, it is agreed that
the City contribution will increase to cover this benefit while the employee contribution will
remain thirty -seven dollars and fifty -two cents ($37.52) until the July 1, 2008. For the rate that
will be effective July 1, 2008 and each year thereafter, the City shall calculate the city and
employee contribution as follows:
In May of each year the City shall calculate the overall premium rate based on claims
experience, Delta administrative fees and an industry trending projection. The difference
between the City contribution in effect at the time of the rate calculation and thirty -one dollars
and ninety -five cents ($31.95) will be multiplied by the percent of the overall premium rate
increase from the year before. That number will then be added to the city contribution to
become the new city contribution. The employee contribution will be determined by subtracting
the new premium rate by the new city contribution. That amount will be included in the memo
that is sent to all employees during the month of June for the re- enrollment period. An example
of the calculation is shown below:
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Current City $31.95
Current Employee $37.52
Total $69.47
As of July 1, 2006
Increase for new cap $10.00
Current
rate Increase New Amts
New City $ 31.95 $ 10.00 $ 41.95
New Employee $ 37.52 $ 37.52
Total $ 79.47
As of July 1, 2007
Increase in costs
$ 10.00
New City $ 41.95 $ 10.00 $ 51.95
New Employee $ 37.52 $ 37.52
Total $ 79.47 $ 89.47
As of July 1, 2008 New Amts
% increase 5% $ 93.94
Cap cost Increase
New city $ 51.95 $ 20.00 $ 1.00 $ 52.95
New Employee $ 37.52 $ 40.99
Total $ 93.94
As of July 1, 2009
% increase 5% $ 98.64
New City $ 52.95 $ 21.00 $ 1.05 $ 54.00
New Employee $ 40.99 $ 44.64
Total $ 98.64
Section 3. Life Insurance. Each employee covered by this Agreement shall be
provided with a group term life insurance benefit of ten - thousand dollars ($10,000).
Section 4. Long Term Disability Insurance. Effective July 1, 1997, each employee
covered by this Agreement shall be provided the existing long -term disability insurance
program.
ARTICLE XII
RETIREMENT
Section 1. CaIPERS Retirement Plan. Employees covered by this Agreement
participate in the California Public Employees Retirement System (CaIPERS). Employee
options are described in a contract between the City of Downey and the California Public
Employees' Retirement System and are incorporated into this Memorandum of Understanding.
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Section 2. First Tier Retirement Formula. Effective August 19, 2002, the City
amended the CaIPERS contract to provide the benefit known as 2.7% at 55 retirement formula.
Section 3. Second Tier Retirement Formula. Effective January 11, 2012, the City
amended the CaIPERS contract to provide the benefit known as 2% at 60 second tier retirement
formula, as set forth in Government Code Section 21353.
Section 4. Survivor /Death Benefits. Effective July 13, 2009, the City implemented the
PERS contract amendment to include: (a) the Level 4 1959 PERS Survivor's Benefit program
(section 21574) and (b) the Pre - Retirement Optional Settlement 2 Death Benefit (section
21548) .
Section 5. CaIPERS Contribution — First Tier Formula.
A. In accordance with existing practice and Government Code Sections 20636 (c) (4),
and 20691, the City will pay the CaIPERS member contribution (equal to 8 %) for employees
enrolled in the 2.7% @ 55 first tier formula and report the contribution as compensation
earnable (referred to as reporting the value of Employer Paid Member Contribution (EPMC) as
special compensation).
B. Effective the pay period that includes July 1, 2012, employees shall begin to have
deducted, on a pre -tax basis, two percent (2 %) of CaIPERS reportable compensation, pursuant
to California Government Code Section 20516(f).
C. Effective the pay period that includes July 1, 2013, employees shall have deducted
an additional two percent (2 %) of CaIPERS reportable compensation, for a total of four percent
(4 %), on a pre -tax basis, pursuant to Government Code Section 20516(f).
D. Should an employee be mandated by a change in law or other action to contribute
any portion of the required employee (member) contribution to CaIPERS, the City shall take all
action necessary to reduce the deduction then being made pursuant to California Government
Code Section 20516(f), above, by the amount of the mandated employee contribution.
E. The City shall take action, if necessary, to pass a resolution setting forth that all
deductions or contributions under this Section shall be regarded as a pick -up of retirement costs
pursuant IRC 414(h)(2).
Section 6. CaIPERS Contribution — Second Tier Formula. All eligible employees
hired on or after January 11, 2012 shall be enrolled in the second tier 2% @ 60 retirement
formula and will pay the full seven percent (7 %) member contribution for the entire term of their
employment. Such payment will be handled on a pre -tax basis by way of a bi- weekly payroll
deduction.
Section 7. 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 ninety -eight dollars ($98.00) per month toward
the premium for employee only coverage under the City sponsored medical plans, provided:
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A. At the time of retirement the employee has a minimum of ten (10) years of
service, or is granted a service- connected disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement System.
D. The City's obligation to pay up to a maximum of ninety -eight dollars ($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 retiree is eligible to receive or receives health
insurance coverage at the expense of another employer the payment will be
suspended. "Another employer" as used herein means private employer or
public employer or self - employed or the employer of a spouse. As a
condition of being eligible to receive the premium contribution set forth
above, the City shall have the right to require any retiree to annually certify
that the retiree is not receiving any such paid health insurance benefits from
another employer. If it is later discovered that misrepresentation has
occurred, the retiree will be responsible for reimbursement of those amounts
inappropriately expended and the retiree's eligibility to receive benefits will
cease.
2. If the retiree becomes eligible to enroll, automatically or voluntarily, in 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 retiree pays the
balance owing for such coverage if any.
4. Upon the death of the retiree, this benefit shall cease. The surviving spouse
shall be able to continue coverage on a single party basis by paying the
appropriate premium.
E. 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.
F. Effective February 10, 2009, a retiree covered by this Section who no longer
resides in California and relocates his or her primary residence to a City that is not reasonably
served by Kaiser (or the City's HMO provider, if Kaiser is no longer the HMO provider) may elect
to discontinue coverage under any of the City sponsored medical plans, effective at the end of
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any calendar quarter. In such a case, the retiree may present the City with proof of payment for
alternate health insurance coverage and receive from the City reimbursement on a quarterly
basis for the cost of the alternate insurance up to the amount to which the retiree is entitled in
Section 7 above. Once a retiree withdraws from eligibility to participate in a City sponsored
health plan for coverage under an alternate insurance plan, the retiree may not re- enroll in a
City sponsored medical plan.
Medical reimbursement will cease upon the occurrence of any of the following:
1. The retiree fails to submit appropriate proof of payment for alternate health
insurance coverage within sixty (60) days of the end of the reimbursement
quarter.
2. The death of the retiree.
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 California State University at Long Beach for courses on the semester
system. Reimbursement shall be for required books only.
ARTICLE XIV
PROBATIONARY PERIOD
Section 1. A new hire or promotional appointment will be tentative and subject to a
probationary period of not less than twelve (12) months for Public Safety Dispatcher, Regional
Fire Communications Operators, Police Assistant and Forensic Specialist; and six (6) months
for represented classifications not listed above, 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.
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 office 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
22
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 provided 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.
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.
period.
Section 2.
A. No employee shall acquire any seniority until he has completed his probationary
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 to recall for a
period of one (1) year.
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
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that 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.
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.
E. Methods of financing.
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.
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.
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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.
O. 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.
ARTICLE XVII
EMPLOYEE ORGANIZATION RIGHTS 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.
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Section 3. Release Time for Meet and Confer. 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 (1) hour per meet and confer
session for the purpose of preparation of such sessions.
PROHIBITED CONDUCT
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 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 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.
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.
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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. Grievance Procedure Steps. The grievance procedure shall provide for
the following steps; except for grievances that are a result of disciplinary action, which shall
begin at Step Two.
Step One. Informal Procedure. An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from the date of
the alleged incident or action giving rise to the grievance 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 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 thirty (30) 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. Department Head Response. If the grievance is a result of disciplinary
action which has been processed through the "Skelly 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 thirty (30) 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
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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 ten (10) working days after receiving the grievance.
Step Three. Management Representative. 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 represented 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. Grievance Hearing. 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
management representatives, present a "request for hearing" in writing to the Personnel
Director. However, the only grievances which may be submitted for review are matters which
have resulted in a suspension without pay, reduction in pay, demotion, termination, or otherwise
have monetary value to the employee. Failure of the employee to take this action will constitute
termination of the grievance. With the approval of the Personnel Advisory Board, the Personnel
Director shall request from the State Mediation and Conciliation Service, or mutually agreed
upon alternative organization, a list of seven (7) neutral hearing officers. In the event that the
parties cannot agree upon a mutually acceptable hearing officer from the list of seven (7), the
parties shall alternately strike names from the list, with the City striking the first name. The
identity of the last remaining individual on the list will be selected as the hearing officer.
The hearing officer shall preside over a full and fair evidentiary hearing and, within thirty (30)
calendar days of its conclusion, render a written decision that includes findings of fact and a
recommendation to the City Manager. That decision shall be served jointly upon the grieving
party and the City Manager
Step Five. City Manager's Decision. Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the final administrative decision.
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."
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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 employees and
citizens. The purpose of this section is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers that are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
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
represented. Because time is of the essence in drug screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples,
or other body fluids, will be collected in a 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 that are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
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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 circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily
in the City- sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse consequences to
his /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.
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 (2) Public
Safety Dispatchers who have completed P.O.S.T. training in the Police Communications Center.
Section 5. Reopener. Should the City grant additional retiree medical benefits to the
DCEA Maint. Unit or Misc. and the Association requests to meet; the City agrees to meet and
confer over retiree medical. There should be no changes without mutual agreement of the
parties.
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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 hereto during the negotiations leading to this Agreement. Regardless of the waiver
contained in this Article, the parties may:
1. By mutual agreement, in writing, agree to meet and confer about any matter
during the term of this Agreement.
2. Meet and confer in accordance with Article XVI, Section 2 and Article XX, Section
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.
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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 States 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 MEMORANDUM OF UNDERSTANDING
The term of this Agreement shall commence on November 1, 2010, and shall continue in
full force and effect until March 31, 2014.
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 24 day of July 24, 2012.
CITY OF DOWNEY: DOWNEY PUBLIC SAFETY
AUXILIARY ASSOCIATION
By: By:
Irma Youssefieh, Human Resources Director Lee Cole, President
Approved as to form:
Yvette Abich Garcia, City Attorney
ARTICLE XXIV
SEPARABILITY
ARTICLE XXVI
RATIFICATION AND EXECUTION
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By:
Cathleen Tanori, Treasurer
By:
Jean Pominville, Secretary
By:
Sheranne Jaeger, Member at Large
By:
Brent Walraven, Member at Large
EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
Code Enforcement Officer
Fingerprint Evidence Technician
Fire Service Technician
Forensic Specialist
Lead Regional Fire Communications Operator
Neighborhood Preservation Coordinator
Parking Enforcement Officer
Police Aide II
Police Assistant
Police Dispatch Supervisor
Police Records Specialist I
Police Records Specialist II
Property and Evidence Technician
Public Safety Dispatcher
Regional Fire Communications Operator
Senior Forensic Specialist
Street Sweeping Enforcement Officer
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