HomeMy WebLinkAboutResolution No. 14-7510 - Adopting the Memorandum of Understanding Between the City of Downey and the Downey Public Safety Auxiliary AssociationRESOLUTION NO. 14-7510
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 (April 1, 2014 –
March 31, 2016)
WHEREAS, the City of Downey, hereinafter referred to as “City,” and the City of Downey
Public Safety Auxiliary Association, hereinafter referred to as “DPSAA” have met and conferred
in accordance with the requirements of the Meyers-Milias-Brown Act and Employee Relations
Ordinance 1118; and,
WHEREAS, the City and the DPSAA have memorialized the agreement in a written
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City and the DPSAA,
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 Director of Human Resources is authorized to sign the Memorandum
of Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
12th day of August, 2013
L
It/
&IA M. JIMEN CMC
City Clerk
APPROVED AND ADOPTED this
Mayor
Al-rEST:
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular Meeting held on the 12th day of August, 2014 by the following
vote to wit:
AYES :
NOES:
ABSENT:
ABSTAIN :
Council Members: Brossmer, Guerra, Saab, Marquez, Mayor Vasquez
Council Member: None
Council Member: None
Council Member: None
\ /\ f rv/n'd\F
A6RIA M. JIMENE
City Clerk
Ch-
a, CM
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
April 1, 2014 – March 31, 2016
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
ARTICLE NO.TITLE OF ARTICLE PAGE NO
I
11
111
RECOGNITION
NON-DISCRIMiNATION
BASIC COMPENSATION PLAN 2
2
2
2
3
3
3
4
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5
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6
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7
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Salary Increases/Adjustments
Plan of Salary Schedules
1
2
3 - Eligibility for Merit Salary Advancement
4 - Salary Schedule Step Reduction
5 - Merit Longevity
6 - Eligibility for Promotion Increases
Eligibility for Differential Pay7
8 - Bonus Pay for Training
9 - Uniform Allowance
10 - Acting Pay
11 - Out-Of-Class Pay
12 - Bilingual Pay
13 - Court time
14 - Standby Compensation
15 - Matron Duty Pay
IV WORK WEEK
OVERTIME (COMPENSATORY TIME OFF)8
8
8
8
8
8
8
8
8
9
9
Sec. 1 - Compensation for Overtime
Sec. 2 - No Pyramiding
Sec. 3 - Discouragement of Overtime
Sec. 4 - Emergency Service Condition
Sec. 5 - When Absent from Duty
Sec. 6 - Overtime
Sec. 7 - Compensatory Time Off
Sec. 8 – Cash in Compensatory Time Off
VI
VI I
COMPENSATION FOR SPECIAL CALL IN
HOLIDAYS
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VIII
IX
VACATION 10
11
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LEAVES OF ABSENCE
Sec
Sec
Sec
Sec
Sec
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Sec
Sec
Sec.
1 - Leaves of Absence
2 - Written Notice of Intent to Return
3 - Outside Employment While on Leave
4 - Sick Leave
5 - Emergency Leave
6 - Personal Leave
7 - Workers' Compensation Injury on Duty
8 - Employee Disability Leave
9 - Military Leave
10- Jury Duty
FRINGE BENEFIT ADMINISTRATION
XI HEALTH, DENTAL AND OTHER COVERAGE 16
16
18
19
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19
20
Sec. 1 - Medical Insurance
Sec. 2 - Dental Insurance
Sec. 3 - Life Insurance
Sec. 4 - Long Term Disability Ins. (LTD)
Sec. 5 – Employee Assistance Program (EAP)
XII RETIREMENT
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
1 - CaIPERS Retirement Plan
2 - First Tier Retirement Formula
3 - Second Tier Retirement Formula
4 - Third Tier Retirement Formula
5 - Survivor/Death Benefits
6 - CaIPERS Contribution - First Tier Formula
7 - CaIPERS Contribution - Second Tier Formula
8 - CaIPERS Contribution - Third Tier Formula
9 – City Contribution to Retiree Retirement Health
Savings (RHS) Plan.
20
20
20
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20
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21
21
21
XIII
XIV
XV
XVI
TUITION REIMBURSEMENT 23
PROBATIONARY PERIOD 23
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SENIORITY
CITY RIGHTS
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XVI EMPLOYEE ORGANIZATION RIGHTS AND
RESPONSIBILITIES
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Sec. 1 - Dues Deductions
Sec. 2 - Indemnification
Sec. 3 - Release Time for Meet and Confer
XVIII
XIX
NO STRIKE - NO LOCKOUT
GRIEVANCE PROCEDURE
Sec. 1 - Grievance
Sec. 2 - Conduct of the Grievance Procedure
Sec. 3 - Grievance Procedure Steps
MISCELLANEOUSXX
XXI SOLE AND ENTIRE
MEMORANDUM OF UNDERSTANDING
XXII WAIVER OF BARGAINING DURING TERM OF
THIS AGREEMENT
32
32
33
33
34
35
XXIII
XXIV
XXV
XXVI
EXHIBIT A
EMERGENCY WAIVER PROVISION
SEPARABILI TY
TERM OF MEMORANDUM OF UNDERSTANDING
RATIFICATION AND EXECUTION
CLASSIFICATIONS REPRESENTED BY D.P.S.A.A.
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 111
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 351 1.
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.
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ARTICLE III
BASIC COMPENSATION PLAN
Section 1. Salary Increases/Adjustments,
A. Salary Increase. As soon as practicable following the adoption of the Memorandum
of Understanding by the City Council, the City will provide a two percent (2%) across the board
increase for all classifications represented by the Association retroactive to the start of the pay
period that includes April 1, 2014.
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.
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C. Merit Evaluation
1.Every employee shall receive an objective, written job performance rating, no
sooner than three (3) weeks before, no later than five (5) working days before the
date of eligibility for each salary step, merit longevity or hourly increase, and
annually thereafter, and upon a change of employment status. Nothing in this
section shall prohibit the department head or authorized supervisor from giving
an additional objective rating to an employee between those periods of time
described in this section.
2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the
employee’s work. An employee shall be rated by his immediate supervisor 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 (1.5) 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.
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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 . lcyo shift differential.
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 Chiefs 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
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 4
[
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
pay 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-Of-Class Pay. The City may temporarily assign employees to work
out of classification. The selection of the employee for an out-of-classification assignment shall
be at the discretion of the department head or designee. A temporary out-of-rank pay
differential of 5.5% shall be authorized when an employee has actually worked in a position of
higher rank for a 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. An employee who is designated to speak or translate
Spanish or other languages authorized by the City Manager as part of their regular job duties
will be eligible to receive additional compensation on a bi-weekly basis. The Fire Chief and the
Police Chief have the authority and discretion to assign and/or remove the special pay up to
budget authority. To qualify for bilingual pay, the designated employee must pass a
conversational examination administered by a certified interpreter or an employee who has
been certified by the Human Resources Director to administer such examination. An employee
must recertify at least every eighteen (18) months to maintain qualification. Effective November
3, 2008, qualified and approved employees will be compensated at the rate of fifty dollars
($50.00) per bi-weekly pay period.
Section 13. Court Time.
A. Court time is time required to be spent by all Association 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. Employees shall be compensated for court time as
follows
1 Criminal Witness: An employee will be paid at their regular hourly rate of pay or
with the approval of the Chief of Police, may, in lieu of pay, accumulate any
portion of court time and take an equivalent leave of compensatory time off. The
accumulation of court time to be used as compensatory time off shall be limited
to the number of hours earned for which such employee would have otherwise
received compensation at their regular hourly rate of pay.
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2. Civil Witness (in the line of duty): An employee shall receive their regular hourly
rate of pay for hours worked (and expenses, if any) for time at court, including
travel to and from court, while testifying in any civil case on behalf of the City.
3. Standby Compensation: Minimum standby time for court assjgnments shall be
compensated as follows:
a.
b
C
d.
Two (2) hours pay for the morning standby
Two (2) hours pay for the afternoon standby.
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.
Standby pay shall be paid at the rate of one and one-half (1.5) the
employee’s regular hourly rate of pay.
Section 14. Standby Compensation.
A. 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 employee who has
completed Public Safety Dispatcher training and has been approved by the Police Chief to
participate, may sign up for, and be placed on the call back list. Each weekends when staff
vacancies so dictate, the employee 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 standby period 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. 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.
B. Forensic Specialist Standby. An employee in the classification of Forensic Specialist
shall receive fifteen (15) hours of straight compensatory hours for assigned weekend standby
duty. The weekend standby period shall be defined as Friday 1700 hours to Monday 0500
hours. Such standby assignment shall be limited to one Forensic Specialist per weekend
period. A Forensic Specialist shall receive five (5) hours of compensatory time for assigned
standby on a City recognized holiday that is not within the weekend standby period.
C. All Employees. An employee in a classification other than Police Dispatcher, Police
Dispatch Supervisor, or Forensic Specialist 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
straight compensatory hours and five (5) hours straight compensatory time for a City recognized
holiday. The weekend period for the purpose of this Section is 2400 Friday to Sunday 2400
hours. Any Association member designated by management to be on standby shall be required
to be available to answer a call from the department in a timely manner.
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
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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 I. 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:
A. In compliance with the FLSA regulations, Regional Fire Communications Operators
will be paid for all hours actually worked during the designated seven (7) day work week
B. All hours worked in excess of forty (40) hours in a work week will be paid at the
overtime rate of one and one-half (1.5) the employee’s regular hourly 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 Regular Work Week Schedule. If in the opinion of the Chief of Police, it
should become necessary to establish schedules departing from the regular work day or work
week, the Chief of Police shall give 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.
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ARTICLE V
OVERTIME (COMPENSATORY TIME OJF
Section 1. Compensation for Overtime. All approved overtime, worked by an
employee, shall be paid at the rate of one and one-half (1.5) 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 designated 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
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 monetary compensation,
unless the form of compensatory time off 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. Compensatory Time Off. Where elected, compensatory time off is
provided at a rate of one and one-half (1.5) hours for each hour of overtime hour worked.
Unused compensatory time off shall be paid out upon separation from employment at the higher
of (a) the employee’s average rate of pay for the final three years of employment, or (b) at the
employee’s final regular rate of pay.
Section 8. Cash in Compensatory Time Off. Employees covered by this Agreement
may cash in accrued compensatory time earned as overtime unless they have been informed as
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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 I. 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 regular
work schedule shall receive and be paid for a minimum of two and six-tenths (2.6) hours at the
overtime rate of one and one half (1.5) the employee’s regular hourly 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 regular work shift and left City premises and/or the employee's work
location. In accordance with FLSA, actual hours worked, including travel from home to the call
back location 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 regular work shift on that day shall be paid
at the rate of one and one-half (1.5) the employee's regular hourly rate of pay.
ARTICLE VII
HOLIDAYS
Section 1. Employees will receive one hundred and forty (140) hours of holiday leave
in January of each year. These leave hours are for the following City recognized holidays:
1
2
3
4
5
6
7
8
9
10
11.
New Year's Day
Martin Luther King’s Birthday
Washington's Birthday (President's Day)
Memorial Day
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Day before Christmas
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
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Section 3. If the holiday falls on an employee’s regular work day, and the employee
works on that 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. 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 out in a regular payroll cycle in January
ARTICLE VIII
VACATION
Section I. 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
4 - 5
6- 10
11 - 15
16 - 20
80
96
120
136
160
6.7
8.0
10.0
11.3
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 if two (2) years at the employee's rate of pay at the bme 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.
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 10
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 Human
Resources Office of the City. Upon expiration of a regularly approved leave, the employee shall
be reinstated in the position held at the time 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,
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 11
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.
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. An employee who is separating employment from the City by way of CaIPERS
retirement shall be eligible to deposit the value of unused accumulated sick leave hours at the
regular rate of pay earned at the time of retirement up to the maximum of one thousand nine
hundred (1,900) hours to the City’s Retirement Health Savings (RHS) Plan to cover
reimbursable medical expenses in accordance with IRS regulations.
1. City’s Retirement Health Savings (RHS) Plan. Effective October 1, 2012, the
City’s RHS plan is restated to add the value of a City deposit toward a retiree’s
RHS account based on eligibility criteria cited in Article XII, Section 9 of this
Agreement.
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:
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 12
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 a member 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. Such leave is deducted from accumulated sick leave and not to exceed twelve
(12) work days per year. Immediate family shall include and be limited to: mother, father,
brother, sister, spouse, child, grandchild or grandparent of any eligible employee or 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 unforeseen
combination of circumstances that call for immediate action or to add additional hours per
Holiday as covered in Article VII, Section 2. 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 Injurv 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 hourly 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
H:/DPSAA MOU 2014-1608-12-14.08-5-14 13
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 hourly rate of pay for up to six
months (twenty-six weeks). 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 hetd
position, the City may place the employee into another vacant position of equal level or lower
within the Association; 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:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5
6 through 10
Over 10
360
544
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.
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 14
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
department head an opportunity, within the limits of military regulations, to determine when such
leave shall be taken.
Section 10. Jury Duty.
A. In the event that an employee is called for jury duty and the court does not excuse
such jury service the City shall grant the employee paid release time for the required jury duty
that is performed within the employee’s regular work schedule provided the employee submits
court documentation verifying the date(s) and time served for jury service. Such verification
must accompany the payroll timesheet for the payroll period in which the jury service was
performed. Any fees for jury service that the employee may receive from the court shall be
remitted to the City.
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
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
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 15
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Employee only (“EE”)
Employee +1 Dependent (“EE +1 ”)
Employee +2 or more Dependents (“EE +2+”)
The maximum City contribution shall be based on the employee’s enrollment in
each plan. The employer mandated PEMHCA contribution is included in the sum
of the CaIPERS medical premium. If an employee enrolls in a CaIPERS medical
plan wherein the costs exceed the City’s maximum contribution, the employee is
responsible for all additional premiums through pre-tax payroll deductions. An
employee is not entitled to any excess amount of premiums paid by the City on
his behalf.
2. In the event that CaIPERS medical insurance premiums increase above eight
percent (8%) on average for the 2015 calendar year, the City and the Association
agree to meet and confer on an employee contribution towards medical
insurance prernlurns.
3. The City continues to provide other benefits coverage under an Employee
Voluntary Benefits Program fully funded by the employee on a pre-tax basis in
accordance with IRS regulations.
D. Employee Waiver of Medical Coverage. The City agrees to permit an employee to
waive City sponsored medical coverage as follows:
1. Provide satisfactory written proof of other medical insurance coverage for the
employee and his/her qualified dependent(s);
2. Provide written proof of other medical coverage meeting comparable coverage
and/or minimum essential coverage as specified by the Affordable Care Act;
3. Sign a Statement acknowledging a waiver of City offered medical insurance
coverage and agreement to hold the City harmless for any consequences,
whatsoever, that result from the employee’s waiver of City offered medical
insurance coverage for employee and/or qualified dependent(s); and
4. Sign a Statement acknowledging the employee’s understanding that his eligible
dependent(s) are not eligible to re-enroll in City sponsored medical coverage until
the next Open Enrollment period or as otherwise required by law under COBRA
provisions or PEMHCA.
Upon adoption of this Memorandum of Understanding and effective the first pay cycle
that the City is scheduled to pay medical opt out, the City agrees that the employee who
qualifies to waive coverage shall receive one hundred fifty dollars ($150.00) per month if waiver
eligibility is for “Employee only” coverage, three hundred dollars ($300.00) per month if waiver
eligibility is for “Employee +1 ” dependent coverage, or five hundred dollars ($500.00) per month
if waiver eligibility is for “Employee +2 or more” dependent coverage. The eligible amount will
be added to the employee's paycheck or will be placed in the employee’s deferred
H:/DPSAA MOU 2014-1608-12-14.08-5-14 17
compensation plan. A medical opt out election may only be made by an employee during their
time of hire or during an announced open enrollment period for medical insurance
Section 2. Dental Insurance
A. HMO Dental Coverage. The City shall contribute up to thirty one dollars and ninety-
five cents ($31.95) per month towards a HMO dental benefit plan for employee and his/her
qualified dependent(s). Any amount necessary to fund existing benefits in excess of the City’s
contribution shall be borne by the employee.
B. Delta Dental Premier Plan Coverage. Effective January 1, 2006 (start of new benefit
year), the City agrees to increase the maximum benefit payable from one-thousand dollars
($1,000.00) to two-thousand dollars ($2,000.00) 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 renewal. 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:
Based on a calendar year renewal period, 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 towards the end of the calendar year during the
annual Open Enrollment period. An example of the calculation is shown below:
Current City
Current Employee
Total
$31.95
$37.52
$69.47
As of July 1, 2006
Increase for new cap $10.00
Current
rate
$ 31.95
$ 37.52
Increase
$ 10.00
New Amts
$ 41,95
$ 37.52
$ 79.47
New City
New Employee
Total
As of July 1, 2007
Increase in costs $ 10.00
$ 41.95
$ 37.52
$ 79.47
New City
New Employee
Total
$ 10.00 $ 51.95
$ 37.52
$ 89.47
H:/DPSAA MOU 2014-1 6 08-12-14.08-5-14 18
As of July 1 , 2008
c/, increase
New Amts
$ 93.945%
Cap cost
$ 51.95 $ 20.00
$ 37.52
Increase
$ 1.00New city
New Employee
Total
$ 52.95
$ 40.99
$ 93.94
As of July 1 , 2009
c/, increase 5%$ 98.64
New City
New Employee
Total
$ 52.95 $ 21.00
$ 40.99
$ 1.05 $ 54.00
$ 44.64
$ 98.64
C.For calendar year 2014, the City agrees to maintain the $95.86 monthly premium
composite rate for the two tier (“Employee only” and “Employee plus two or more
dependents”) coverage structure. Effective January 1, 2015, the City will convert from a
monthly premium composite rate to a three tier rate structure (“Employee only,
“Employee plus one dependent,” and “Employee plus two or more dependents”). Prior
to December 31, 2014, the City agrees to evaluate other Delta Dental plan options for
implementation to reduce premiums or employee out of pocket costs as a result of
changing to a three-tier rate structure (“Employee only,” “Employee plus one dependent”
and, “Employee plus two or more dependents”) for the Delta Dental Premier Plan
effective January 1, 2015
Section 3. Life & Accidental Death and Dismemberment (AD&D) Insurance. Each
employee covered by this Agreement shall be provided with a ten thousand dollars ($10,000.00)
group term life insurance benefit and accidental death and dismemberment benefit without
evidence of insurability other than evidence of full-time employment with the City. Under the
terms of this policy, benefit provisions are payable and determined by the insurance carrier.
Section 4. Long Term Disability Insurance. Effective July 1, 1997, each employee
covered by this Agreement shall be enrolled in a Long-Term Disability Insurance program.
Under the terms of this policy, benefit provisions are payable and determined by the insurance
carrier. Removed the key benefit provisions. The policy speaks for itself
Section 5. Employee Assistance Program (EAP). The City provides each employee
an EAP benefit that provides emotional/well-being, work and life counseling services on a toll
free 24 hour/7 days per week assistance. Removed coverage specifics. The written program
speaks for itself.
A. The City agrees to structure a Peer Support Program for the Fire Dispatch Center
that meets the needs of the Department and as approved by the Fire Chief. Such program will
be structured through the City’s EAP program resource(s) with some reference to the current
program currently being offered by the Police Department. As soon as practicable, the City
agrees to work towards implementation of the Peer Support Program for the Fire Dispatch
H:/DPSAA MOU 2014-16 08-12-14,08-5-14 19
Center by January 1, 2015 or within four (4) months of City Council adoption of this Agreement
whichever is later.
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.
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 age 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 age 60 second tier
retirement formula, as set forth in Government Code Section 21353. This Second Tier
Retirement Formula will not apply to “new members” as that term is defined by the Public
Employees’ Pension Formula Act of 2013.
Section 4. Third Tier Retirement Formula. Any “new members,” as that term is
defined by the Public Employees’ Pension Reform Act of 2013, hired on or after January 1,
2013 will be subject to the benefit known as 2% @ age 62 retirement formula as mandated by
the Public Employees’ Pension Reform Act of 2013. Added to clarify current Pension Reform
rules
Section 5. 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 6. 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% @ age 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(D referred to as “employee cost sharing” per
Memorandum of Understanding provision.
H:/DPSAA MOU 2014-1 6 08-12-14.08-5-14 20
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%) employee cost sharing, on a pre-tax basis, pursuant to Government Code Section
20516(D
D. Effective the pay period that includes July 1, 2015, the four percent (4%) employee
cost sharing referenced in C. above shall be reduced to three percent (3%) through the pay
period that includes March 31, 2016; thereafter, the four percent (4%) cost sharing amount shall
apply unless otherwise negotiated sooner in a successor Memorandum of Understanding.
E. 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(D, above, by the amount of the mandated employee contribution.
F. 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 7. CaIPERS Contribution – Second Tier Formula. All eligible employees
hired on or after January 11, 2012 shall be enrolled in the second tier 2% @ age 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 8. CalPERS Contribution – Third Tier Formula. All “new members.” as that
term is defined by the Public Employees’ Pension Reform Act of 2013, hired on or after January
1, 2013 will be enrolled in the third tier 2% @ age 62 retirement formula and will be required to
pay fifty percent (50%) of the total normal cost as set by CaIPERS in compliance with the
requirements of the Public Employees’ Pension Reform Act of 2013. Additionally, the City is
prohibited from paying any portion of the member contribution under the Public Employees’
Pension Reform Act of 2013. Added to clarify current Pension Reform rules.
Section 9. City Contribution to Retiree Retirement Health Savings (RHS) Plan . 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. As a result of the City contracting for CaIPERS medical
insurance pursuant to PEMHCA provisions effective October 1, 2012, the following revisions to
this Section shall change as follow:
A. Subject to meeting eligibility criteria below, the maximum ninety-eight dollars
($98.00) per month shall be deposited on a quarterly basis to the retiree’s RHS account for the
reimbursement of qualified medical expenditures.
B. 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
C. At the time of retirement the employee is employed by the City; and
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 21
D. Effective the day after official separation from the City the employee has been
granted a retirement allowance by the California Public Employees' Retirement System.
E. The City's obligation to deposit up to a maximum of ninety-eight dollars ($98.00) per
month toward the retiree’s RHS account sha!! be modified downward or cease during the
lifetime of the retiree upon the occurrence 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 RHS 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 to the City of those amounts inappropriately deposited and the
retiree's eligibility to receive future RHS deposits will cease.
2.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 rate set forth above shall be converted from a RHS deposit and applied
to that plan. If there is any excess, that excess may be applied toward the
retiree’s RHS account provided the retiree pays the balance owing for any such
coverage.
3.Upon the death of the retiree, the City’s obligation to deposit into the retiree’s
RHS account shall cease. The surviving spouse shall be able to continue
CaIPERS medical insurance coverage pursuant to PEMHCA provisions and
provided the surviving spouse pays the appropriate premiums minus the City’s
mandated retiree contribution amount.
F. It is understood and agreed that the amount equivalent to the annual amount
contributed by the City to an eligible retiree’s RHS account, shall be included as an item of
total compensation in suIvey comparisons
G. An eligible retiree covered by this Section who no longer elects coverage under any
City sponsored medical plan, effective at the end of any calendar quarter may present the City
with proof of payment for alternate health insurance coverage and continue to receive the City’s
deposit to the retiree’s RHS account on a quarterly basis up to the amount to which the retiree is
entitled in Section 9 above. Once a retiree elects to withdraw 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 or otherwise forfeits the City’s RHS contribution
amount permanently.
In addition to the condition specified in G above, the City’s deposit to a retirees RHS
account shall cease upon the occurrence of any of the following:
1 The retiree fails to submit or respond to the City’s request (via certified mail to
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 22
the last known mailing address of the retiree) to provide appropriate proof of
alternate health insurance coverage at the end of sixty (60) days from the date of
the City’s written request,
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 I. 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 Human Resources 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
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.
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 23
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.
Section 2
A. No employee shall acquire any seniority until he has completed his probationary
period.
B. When an employee has completed his probationary period, his seniority shall date
from date of hire
Section 3. Seniority shall apply between employees in a classification within a
department for purposes of layoff and recall if, in the objective determination of the City, the
employees' ability, competency, and skill are substantially equal.
Section 4. Any separation from service, other than an approved leave of absence or
layoff, shall cause the employee to lose his seniority rights.
Section 5. An employee who is laid off shall retain his seniority rights 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
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 i
H:/DPSAA MOU 2014-1 6 08-12-14.08-5-14 24
change, the Chief of Police shall meet and confer with the Association regarding the impact of
the decision.
ARTICLE XVI
CITY RIGHTS
Section I. 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
L To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 25
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 policles1 procedures and standards for selection1 training
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
Section 3. Release Time for Meet and Confer. The Association may select a
maximum of three (3) members to attend scheduled meetings with the Human Resources
Director or other management representatives on subjects within the scope of representation
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 26
I 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.
ARTICLE XVIII
NO STRIKE - NO LOCKOUT
PROHIBITED CONDUCT
Section I. 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 in§truct 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.
H:/DPSAA MOU 2014-1608-12-14.08-5-14 27
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
H:/DPSAA MOU 2014-1 6 08-12-14.08-5-14 28
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 Human
Resources 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 Human Resources Director shall request from the State Mediation and
Conciliation Service, or mutually agreed upon alternative organization, a list of seven (7) neutral
hearing officers. In the event that the parties cannot agree upon a mutually acceptable hearing
officer from the list of seven (7), the parties shall alternately strike names from the list, with the
City striking the first name. The identity of the last remaining individual on the list will be
selected as the hearing officer.
The hearing officer shall preside over a full and fair evidentiary hearing and, within thirty
(30) calendar days of its conclusion, render a written decision that includes findings of fact and a
recommendation to the City Manager. That decision shall be served jointly upon the grieving
party and the City Manager
Step Five. City Manager’s Decision. Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the final administrative decision.
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
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 29
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on duty or
being compensated on an "on call status."
The City of Downey and the Association recognize that their fIJture 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.
H:/DPSAA MOU 2014-1 6 08-12-14.08-5-14 30
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
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 Human
Resources 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 Maintenance or DCEA Miscellaneous Units 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.
H:/DPSAA MOU 2014-1608-12-14.08-5-14 31
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, Article XX, Section 5 and
Article XI, Section 1 (C)(2).
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
H:/DPSAA MOU 2014-1 6 08-12-14.08-5-14 32
regarding the impact on employees of the suspension of these provisions in the Agreement and
any personnel rules and policies.
ARTICLE XXIV
SEPARABILITY
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 April 1, 2014, and shall continue in full
force and effect until March 31, 2016.
H:/DPSAA MOU 2014-1608-12-14,08-5-14 33
ARTICLE XXVI
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Agreement shall not be in full force
and effect untii 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 12tF1 day of August, 2014.
CITY OF DOWNEY DOWNEY PUBLIC SAFETY
f)
By
Joh aRGin It City Manager
By :
Irma Yk$us,
/
eRiE lrhan Resources Director Heidi Calhoun, Vice President
/-\X_
&;aLL.-Lb–‘
Sheranne Jaege/’MeJ
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g.
Mri, Member-at-Large
Approved as to form: I
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citY Attorney
H:/DPSAA MOU 2014-1608-12-14.08-5-14 34
EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
Code Enforcement Officer
Community Services Officer
Fingerprint Evidence Technician
Fire Service Technician
Forensic Specialist
Lead Regional Fire Communications Operator
Neighborhood Preservation Coordinator
Parking Enforcement Officer
Police Aide II
Police Dispatch Supervisor
Police Records Specialist I
Police Records Specialist II
Property and Evidence Technician
Public Safety Dispatcher
Regional Fire Communications Lead Operator
Regional Fire Communications Operator
Senior Forensic Specialist
Street Sweeping Enforcement Officer
H:/DPSAA MOU 2014-16 08-12-14.08-5-14 35