HomeMy WebLinkAboutResolution No. 16-7614-Adopt MOU with Downey PD Mgmt. Assoc.WHEREAS, the City of Downey, hereinafter referred to as "City," and the City of Downey
Police Management Association hereinafter referred to as "DPMA" 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 DPMA have memorialized the Agreement in a written
Memorandum of Understanding.
THEREFORE, NOW • OF DOWNEY DOES
HEREBY RliSOLVE AS FOLLOWS:
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 23'h day of February, 2016 by the following
vote to wit:
ABSTAIN: Council Member: None.
d
ADRIA M. JIMENE4 CMC
City Clerk
"(d) City may terminate this agreement for any reason by submitting thirty (30)
days' written notice to the Employee stating the Council's intention to terminate this
Agreement and remove him as City Manager and the reasons therefor. City shall
comply with the requirements of Section 607 of the Downey City Charter. The time
periods specified in Section 607 shall be deemed to run concurrently with the thirty (30)
days' notice provision of this section.
If termination is for any reason other than Employee's voluntary resignation from
his position with the City as specified in Section 2 (b) or commission of an illegal act
punishable as a misdemeanor or felony involving personal gain to him, City shall pay to
Employee a dump sum severance payment in an amount equal to twelve (12) months'
salary and benefits then in effect pursuant to this Agreement as of the last day of
employment. For the purpose of resolving any dispute regarding whether the severance
payment has been properly denied, the City shall have the burden of establishing by a
preponderance of evidence that Employee committed an illegal act punishable as a
misdemeanor or felony involving personal gain to him. Employee may terminate this
Agreement for any reason by submitting written notice to the City that this Agreement
will terminate in forty -five (45) days." Employee agrees that in the event of his voluntary
resignation from his position with the City, he is not entitled to the severance payment
specified herein.
B. City and Employee hereby amend Section 3 ( "Salary") subsection (a) of the
Agreement to read as follows:
"(a) City agrees to pay Employee for his services rendered pursuant hereto an
annual base salary payable in installments at the time as other employees of City are
paid. Effective the pay period that includes January 15, 2015, Employee shall receive a
3.795% base salary increase for an annual base salary of $238,625.00. Effective the
pay period that includes July 1, 2015, Employee shall receive a 3 % base salary
increase for an annual base salary of $245,784.00. Effective the pay period that
includes December 31, 2015, Employee shall receive a 2.846% base salary increase for
an annual salary of $252,779.00.
It is the intent of the City to maintain a 5 % total compensation pay differential
between the Employee and the next highest paid City employee. Starting January 15,
2015 and continuing on the fifteenth day of January each year thereafter, the City
Council shall publicly take action to increase Employee's salary to maintain at least _a
5% total compensation pay differential with the next highest paid City Employee."
Section ,2. The rights, obligations and fees of the Parties under the Agreement
shall not otherwise be amended, altered or revised except as expressly provided for
herein and all other terms of the Agreement shall remain in full force and effect.
Section -3. This Amendment may be executed in counterparts, each of which
shall be deemed an original, but all of which, together, shall constitute one and the
same instrument.
MEMORANDUM �,, y t 5 z� t ,vii KP I !'
• r
. r
July 1, 0 - 30, 2017
1 rs. 1 1 •1
ARTICLE I ....... .... ....... ............u, .............. . .
RECOGNITION .......
4
ARTICLEII ...............................................
............................... ........... ............................... ...
4
NON - DISCRIMINATION ... ..... .................r......._ ....,,
ARTICLE III.
5
BASIC COMPENSATION PLAN ........................................... ......:. ... ... .............. .....................
5
Section 1.
Salary Increases . ..........................................
5
Section 2.
Salary Ranges ............ ...............................
5
Section 3.
Eligibility for Merit Salary Advancement.....
. 5
Section4.
Merit Longevity ................................................. .,.................. .........................
. 6
Section 5.
Education Incentive Pay .............................___ .......... ..................................
6
Section 6._
Court Time /Call in Pay . ..................................... ,,..,,,. ,.,,..,....,. .......................
. 7
Section 7.
Uniform Allowance ...... ...............................
8
Section 8.
Standby Compensation- Weekend . ............... ........................ .,.,...,,....... .
8
Section 9.
Bilingual Pay .............. ...............................
8
Section 10.
Acting Captain Pay .-......................................
8
Section 11.
Certificate Pay ............. ...............................
9
Section 12. Range Qualification Pay ................................. ..... m_....., ....... ..,,,,,.,.,,;,,....,....,,.,,
9
ARTICLE IV .................._.................._....................................,..,.......,......,,.
......,..,,,...........,.._..,.
9
WORKWEEK .................................... ...............................
9
Section 1.
Regular Work Week ...... ...............................
9
Section 2.
Regular Work Week Schedule ..................... ........... . „
. 9
Section 3.
Changes in Regular Work Week Schedule._ ....................... ...::........................:9
ARTICLEV ..
...................... ............. ,,.....,..,.,.,,....,.......,., a .... „........,.,.,....,........
9
OVERTIME ( COMPENSATORY TIME) ................. ........................... ro...,,..,,..,.................—
9
Section 1.
Compensation for Overtime . ........... ........... ...................:......... .........................9
Section 2.
Overtime Policy, ,, . ..................... ..... —.....
10
Section3.
Exclusions .......................................................... .................. .............. — ......... ,,
10'
ARTICLE VI ...........................................
............................... .. ...m,.10
HOLIDAYS ...................._....................
.._............................
10`
Section 1.
Holidays ...................... ............................... ,,,.
10
Section 2.
Holidays Provided .................................................. .....,W.,..11'
ARTICLEVII .....
............................_....... ._...................._........
VACATION.......................................
...............................
Section 1.
Accruals .._ ..................... ............................... .... ..........................
11
Section2.
Accrual Limits ....... ............................... ........................:.,. .,....,...........,.,,.........
11
Section3
Accommodation .................................................. s...,............ .......... ,....... ___
12
Section 4.
Accrual Calculation .........._....._ ................................,,..,.... .....,,,:......................
12
Section 5.
Accrual Upon Separation from Employment,
12
ARTICLEVIII ...............................................
............................... .. ....................... ......,.......
12
LEAVES OF ABSENCE .................... ...............................
12`
Section 1.
Leaves of Absence Without Pay ...................................... ..........................f,...
12
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Section 2.
Notice of Return to Work ........: :........:........:.......u:,.. ..........
Section 3.
Outside Employment While on Leave., ............. ...:................... ,.... ..... ...........
12
Section4.
Sick Leave . ........................................................ .: x,.,.......... ....;.......................
12
Section 5.
Bereavement Leave. . . . . . - - ... ........ .......... ....:.................... ............ .... ..............
14
Section 6.
Workers' Compensation Injury on Duty .............. .,.......... -, ............. .,.................
15
Section 7.
Employee Disability Leave ........................ ..........
15
Section 8.
Military Leave ............................................... ............................... . ...........
16
Section 9.
Jury Duty. .................
16
Section 10.
Executive Leave............,.. . ......:....................... ..........
Section 11.
Physical Fitness Leave ............... .. .,..,,., ..........
16
ARTICLE IX ................................................
. ..........
F..
17
FRINGE BENEFIT ADMINISTRATION
Section 1.
Administration .......... ....................s..,.,..... .., .........
17
Section 2. _Selection
and Funding ........................ .......:........
17
Section 3.
Changes., ........ .............. ............... ............ - ........... ............. ....... ..........
17
ARTICLE X ......................................................
.o. ....
17
MEDICAL, DENTAL AND LIFE INSURANCE ........... .............. __......... .,................,...... ;.....
17
Section 1. _
Medical Insurance ............ ............................... ,.. ..................... .
17
Section 2.
Employee Waiver of Medical Coverage._._................__ ... ..............._.........:.....
18
Section 3.
Dental Insurance ............................................................. ...............................
18
Section 4.
Life Insurance ......_..._...._ ................................................... ........................:.._...
19
Section 5.
Long -Term Disability Insurance ..........._.._._....._... .............. .............................19
ARTICLEXI ........................................................................................_....
............................_..
19
RETIREMENT......................................................................................
..._....._..................._.
19
Section 1.
California Public Employees' Retirement System ( CalPERS ) ................ w........
19
Section 2.
Retirement Formulas and Contributions . ........................................... ....,,a......
19
Section 3. _City
Contribution to Retiree Retirement Health Savings (RHS) Plan .......:.....21
ARTICLEXII ............................................................................................
...............................
22
TUITION REIMBURSEMENT........_
.......................................................... ......................:..._.;22
Section 1.
Reimbursement Rates .................................................... ...............................
22
ARTICLEXIII ..........................................................................................
............................__.
23
PROBATIONARY
PERIOD ................................................................. ..._.__._...._....,,,.......__.
23
Section 1.
Length of Probation /Extensions ......................................... ...................v.........23
Section 2.
Process for Retention/Term i nation .......................................... ............. ___ .....
23
Section3.
First of the Month ......._. ................_.....__.__._..__...._.._..._....... ......__....._.....,..,.,:..._.
23
ARTICLEXIV .:........................................................................................... ............;....,.....,.....23
SENIORITY..............._.__......_....._.._...._..._............................................... ....................,..,;,.....
23
Section1.
Definition ............................................................................................ ....,,....;23
- Section 2.
Probationary Employees Excluded .................................................... a.,..........
-23
Section 3.
Layoff and Recall ............................................................. .........._........,........._.
23
Section4.
Bumping Rights ...................................................... .............................,. __.....23
ARTICLEXV .... ............................................... ...................._..._....._ ._........ .........._._..._.,,...e......_
24
CITYRIGHTS ....................................................._._.._..__...._.._.._.._..._....... ................_...,.,..:._...
24
Section1.
Management Rights ........................................................ .................W..,....,.....
24
Section 2.
Impact of Management Rights .................................. ............................... .....25
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Section 3. Health and Safety .............. .......................................................................... 25
ARTICLEXVI ................................................................................................... .......................
25
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES ..... ... ......... ................... -25
Section1. Dues Deductions .............................................................. ...............................
25
Section 2. Indemnification ............................ ...............................
25
ARTICLEXVII ..... .........................__.__. .__.__._.._..__..._.._...._.._...._.._...._........... .......,,,.....,.....,,.....,25
NO STRIKE - NO LOCKOUT PROHIBITED CONDUCT ........_ ........... ..... ................,...........
<25
Section1. No Job Action ........................:......................................... .......................,.....25
Section 2. No Lockout .................................... ............................... .
25
Section 3. Consequence for Prohibited Conduct ...... ............................... ......................
25
Section 4. Suspension of Employee Organization Rights ................. - .............................
25
Section 5. Association Responsibility ............................................... ...............................
26
Section 6. Hold Harmless ............................ ...............................
26
ARTICLEXVIII .........................._...._.._...._..._.__._..._._____._..._.._......._..._............ ............................,26
GRIEVANCEPROCEDURE......................_......._..._. .............................. .............................26
Section1. Grievance ..............:.......................................................... ....................,........26
Section 2. Conduct of the Grievance Procedure .......................... ........ „..... ,.....................
26
Section 3. Grievance procedure shall provide for the following steps- . ... ...... ...........
26
ARTICLEXIX ........................................................................................... ...............,...,,.,...,....
28
MISCELLANEOUS........................................................................................ .......,.,....,,...,..
28
Section 1. Third Party Legal Actions ................. ...............................
28
Section 2. Substance Abuse Policy ................._._........................_...... ..., ..
28
Section 3. Industrial Disability Retirement Procedures ...........................
30
ARTICLEXX ......................................................,_......._..............;;...........,.. .,..,..,.....................30
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ............... .... „..................,....;30
Section 1. Sole Source......
30
Section 2. Inclusion of Other Rules and Regulations ....................... ...............................
30
ARTICLEXXI ..............._......._...._...._.._......._.......__...............__.._..._..___.._._... _................,.......,.....
30
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT ...... .........s.,....,..,.... ...
30
ARTICLE XXII ................. .........- ............
30
REOPENER..._._........_. ............................_........... ........,,.....,.............., . ,,.......,...,:;.,,.,.,.....:30
ARTICLEXXIII ............................................................................. ....................,........,. ,,. . .
EMERGENCY WAIVER PROVISION ........_...... ......... ...................... ......,...........,.,,...,.....
31
ARTICLE XXIII ............................. ...............................
31
SEPARABILITY ......................................................... .31
ARTICLE XXIV ............. ._......._...._................ ...........
31
TERM OF MEMORANDUM OF UNDERSTANDING.. ......... ...... .
31
ARTICLEXXV ............................. ...............................
32
RATIFICATION AND EXECUTION .........................
32
EXHIBITA ....................................... .............................. .....d..,,.,.r.....,..,,,,,....
33
PAY SCHEDULE.... ......................................................
33
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•- r • r r
r • TIN =006J •, •
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey, the City
of Downey (hereinafter called the "City ") has recognized the Downey Police Management Association
(hereinafter called the "Association ") as the majority representative of sworn personnel members of the
Downey Police Management Association including all employees in classifications listed on Exhibit A,
excluding all other personnel of the Police Department. The City has recognized the Downey Police
Management Association for the purpose of meeting its obligations under the Meyers- Milias -Brown Act,
Government Code Section 3500 et seq, and the Employee Relations Ordinance of the City when City
rules, regulations or laws affecting wages, hours or other terms and conditions of employment are
amended or changed.
ARTICLE II
NON- DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the "rights of all employees
hereby to join and /or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Ordinance and
Government Code Sections 3500 to 3511.
Section 2. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or affiliations.
The City and the Association shall reopen any provisions of this Agreement for the purpose of
complying with any final order of a federal or state agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this Agreement in compliance with State or
Federal anti - discrimination laws.
Section 3. Whenever the masculine gender is used in this Memorandum of Understanding,- it
shall be understood to include the feminine gender.
Section 4. The City and Association agree to comply with applicable State and Federal laws
and regulations regarding employment of the disabled.
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BASIC COMPENSATION PLAN.
Section 1. Salary Increases.
A. All employees covered by this Memorandum of Understanding shall receive the following
salary increases as referenced in Exhibit A`
1. Effective the start of the pay period that includes July 1, 2015, a three percent (3 %)
across the board pay range increase (three percent (3 %) base salary increase).
2. Effective the start of the pay period that includes July 1, 2016, a two percent (2 %) across
the board pay range increase (two percent (2 %) base salary increase).
Section 2. Salary Ranges. Salary ranges shall be established to reflect the relative value of
classifications covered by this Memorandum of Understanding. The salary ranges will have a spread of
approximately twenty -two percent (22 %) from the minimum to maximum figures with no set steps in
between.
A. Description of Schedules. The Pay Plan consists of a set of monthly salary schedules. Each
schedule is designated by a schedule number,, as approved by Council resolution.
B. Hourly Eguivalent Calculation. For "payroll purposes, the hourly equivalent of a rate which
includes all forms of pay shall be computed by dividing twelve (12) times the monthly rate by fifty -two
(52) times the number of working hours per week (forty (40)).
Section 3. Eligibility for Merit Salary Advancement.
A. Progression Within the Salary Range. The minimum salary in the range would be
appropriate for a new employee who minimally satisfied job requirements. The top of the range is
reserved for employees who perform at the highest level of proficiency expected.
Employees, both upon appointment and during the course of their employment, may receive
any salary amount not to exceed the maximum of their range. Generally, a new employee is not
considered for a merit increase before twelve (12) months of employment. Thereafter, employees will
be reviewed for merit salary increases annually in conjunction with the employee's anniversary date.
However, employees will not be considered for merit increases after reaching the end of the respective
salary range. Employees may be granted merit salary adjustments more frequently than every twelve
(12) months with prior City Manager approval.
The sole consideration in the granting of merit increases shall be job performance as indicated
in a detailed corresponding Management Performance Evaluation Report. The following shall apply in
the granting of such merit salary increases.
Merit salary adjustments for Captains and Lieutenants shall be made upon
recommendation and approval of the Chief of Police.
2. Merit adjustments must be approved by the City Manager. The Chief of Police will
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provide their evaluation and proposed merit adjustment to the City Manager prior to
giving it to the employee.
3. The amount of merit salary adjustment shall be directly related to the employee's
progress in satisfying performance expectations. Generally, employees rated as having
satisfactory performance will receive a minimum increase of five and one -half percent
(5.5 %). Adjustments up to ten percent (10 %) within the salary range are permitted.
Also, while salary adjustments will normally involve increases, reductions may be made
in instances of unsatisfactory performance.
4. After an employee reaches the top of the salary range,- the level of proficiency
appropriate to that salary rate must be maintained or the employee's_ salary may drop
below the maximum. This may occur through a direct salary reduction or the employee
may not be granted increases which may be possible due to adjustments in the range.
5. Salary ranges for Police Captain and Police Lieutenant shall be adjusted at such time as
the City grants cost -of- living adjustments to the rank - and -file employees unless the City
Council directs to the contrary. The amount of such cost -of- living adjustments granted to
the management classifications will be no less than that granted to the Police Officers'
Association. In such instances where salary ranges are increased for cost -of- living
purposes, the individual employee salaries will be increased in proportion to the amount
of the range adjustment, provided that for reasons of unsatisfactory performance an
individual employee may be denied such an adjustment. All salary range adjustments
shall require the adoption of a resolution by the City Council.
Section 4. Merit Longevity.
A. Eligibilily for Merit Longevity. Upon approval of the appointing power, Police Lieutenants
who have completed five' (5), ten (10) and twenty (20) continuous years of service with the City of
Downey may receive merit longevity pay adjustments as follows. Effective December 23, 2002, years
of service served as a POST certified Peace Officer in another agency shall apply toward longevity
eligibility as though earned in Downey.
Service Compensation Adjustment'
5 years One -half (.5) step above the monthly base rate (2.75 %)
10 years One (1) step above the monthly base rate (5.5 %)
20 years One and one -half (1.5) steps above the monthly base rate (8.25 %)
Section 5. Education Incentive Pay. Employees covered by this Agreement shall receive
additional compensation at the following rates upon attainment of the applicable educational level.
A. Effective the start of the pay period that includes July 1, 2015, an additional one percent
(1%) shall be paid for an Associate's degree and /or an Intermediate Peace Officers Standards and
Training (POST) Certificate for a total of seven and one -half percent (7.5 %).
B. Effective the start of the pay period that includes July 1, 2015; an additional one percent
(1 %) shall be paid for a Bachelor's degree or Advanced POST Certificate for a total of eleven percent
(11.0 %).
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C. Degrees stated above may be substituted by equivalent college units of a rate of sixty (60)
semester units for an Associate's degree or ninety (90) quarter units, and one hundred twenty (120)
semester units for a Bachelor's degree or one hundred eighty (180) quarter units. Equivalent Bachelor's
degree units must have a minimum of forty (40) upper division semester units or sixty (60) quarter units.
Section 6. Court Time /Call in Pay.
A. Court time is time required to be spent by Police Lieutenants in response to a subpoena, a
coroner's inquest, a hearing or trial on a civil action on behalf of the City, or criminal case at a time
other than that regularly required of such employee for his employment, for the purpose of testifying as
to knowledge acquired in the course of his employment with the City. This definition shall apply to
subpoenas issued for taking of depositions. Employees who are off duty on sick leave benefits, as
described in Article Vlll, Section 4, of this Agreement, or Workers' Compensation as described in Article
VIII, Section 6, or when testifying at any grievance, City Council or other hearing on behalf of himself,
another employee or the Association, shall not accrue additional time or compensation as court time.
B. Compensation for Court Time. Any off duty Police Lieutenant shall be compensated at the
rate of time and one -half (1.5) as follows:
1. Criminal Witness: He shall be paid at the applicable hourly rate or with the approval of
the Chief of Police he may in lieu of pay accumulate any portion of his court time and
take an equivalent leave of absence. The accumulation of court time to be used as
leave of absence shall be limited to the number of hours earned that have not otherwise
been compensated at the employee's applicable hourly rate of pay.
2. Civil Witness (in line of duty): Any such officer shall receive his regular salary (and
expenses, if any) for time at court and to and from court while testifying in any civil case
on behalf of the City.
3. Payments: Payments under this Section shall be on the regular payday following such
court appearance. The Chief of Police shall make a report to the Director of Finance
prior to each pay date, listing the employees earning benefits under this Section. Such
report shall indicate the court time each employee earned in the previous pay period and
whether he has elected to receive equivalent time as leave of absence pay when
appearing as a witness._
4. Standby Compensation: Minimum standby time for court assignments shall be
compensated at the rate of time and one -half (1.5) as follows:
a. Two (2) hours pay for the morning standby.
b. Two (2) hours pay for the afternoon standby.
c. if the employee is called into court, or called in for duty,- he shall be paid three (3)'
hours or the actual number of hours in court or worked whichever is greater.
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Section 7. Uniform Allowance.
A. Required uniforms of Police Management personnel which become worn may, at the
discretion of the Chief of Police, be surveyed and replaced as necessary. The Chief of Police shall
permit maximum discretion of the employees in the selection of items of the uniform provided, however,
that the officer shall meet uniform standards within ten (10) working days after notice. Uniforms shall
be maintained in accordance with Section 5.0 of the Manual of the Downey Police Department.
B. Employees covered by this Memorandum of Understanding receive a uniform allowance
payable at a rate of six dollars and seventy -three cents ($6.73) per bi- weekly pay period for an annual
total of one hundred seventy -five dollars ($175.00) per year. The bi- weekly payment of uniform
allowance is necessary for compliance with CalPERS regulations. In accordance with the Public
Employees' Pension Reform Act (PEPRA), an employee hired on or after January 1, 2013 and
classified as a "new member' within PEPRA is not eligible to have uniform allowance reported to
CalPERS as special compensation.
Section 8. Standby Compensation - Weekend.
A. Duty Chief Compensation - Police Captains. A Police Captain designated by the Chief of
Police to be a weekend duty chief or to be on standby from 5 :00- p.m. on Friday to 8:00 - a.m. -on
Monday, shall be compensated for standby time by receiving fifteen (15) hours compensatory time. Any
Police Captain who is designated to be the Duty Supervisor or to be on standby during a holiday
(defined as the time period starting with the end of the shift prior to the holiday to the beginning of the
shift following the holiday), shall be compensated by receiving five (5) hours compensatory time. Police
Captains may request to have accrued compensation time cashed out.
B. Duty Supervisor - Police Lieutenants. A Police Lieutenant who is designated by
management to be the Duty Supervisor or to be on standby from 5:00 p.m. on Friday to 8:00 a.m. on
Monday shall be compensated for standby time at fifteen (15) hours_ compensatory time. Any Police
Lieutenant who is designated to be the Duty Supervisor or to be on standby during a holiday (defined
as the time period starting with the end of the shift prior to the holiday to the beginning of the shift
following the holiday, shall be compensated by receiving five (5) hours compensatory time. The Duty
Supervisor designated by management to be on standby shall be required to carry a beeper and
answer all calls from the department in a timely manner.
Section 9. Bilingual Pay. Effective the first pay period following adoption of this Memorandum
of Understanding, employees required to speak or translate Spanish as part of their regular duties will
be compensated seventy dollars ($70.00) per bi- weekly pay period in addition to their regular salary.
The Chief of Police has the authority and discretion to assign and /or remove this bonus up to budget
authority. To be eligible for this assignment, the employee must pass a conversational examination
administered by a certified interpreter or an employee who has been certified by the Human Resources
Director to administer such examination. An employee must recertify at least every eighteen (18)
months to maintain his eligibility for this pay.
Section 10. Acting Captain Pay. A Police Lieutenant is eligible to receive five and one -half
percent (5.5 %) additional compensation when _assigned to serve in an acting capacity as a Police
Captain. The department shall not fill a vacant Captain position with an Acting Captain for more than
thirty (30) calendar days. Serving in an acting capacity shall not be used as a basis for, or in support
of, a request for reclassification.
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Section 11. Certificate Pay. Upon ratification of this Memorandum of Understanding,
employees covered by this Agreement shall receive one and two- hundredth percent (1.02 %) additional
compensation if the employee has been awarded the POST Police Management Certificate.
Section 12. Range Qualification Pay. All sworn personnel are encouraged to attend a variety
of ranges throughout the year. Unit personnel who attend -a handgun qualification while off duty shall
be compensated for no more than one (1) handgun qualification per calendar month, unless specifically
ordered to attend an additional qualification(s) by a supervisor.
Unit personnel required to qualify with the AR -15 who attend a qualification while off duty, shall
be compensated for no more than one (1) AR -15 qualification per quarter of the calendar year, unless
specifically ordered to attend an additional qualification(s) by a supervisor.
Unit personnel who attend range qualifications in accordance with the guidelines listed above
shall be paid the greater of One and one -half (1.5) hours at time and one -half (1.5) per qualification or
the actual number of hours required to qualify paid at time and one -half (1.5).
ARTICLE IV
Section 1. Regular Work Week. The regular work week for all employees covered by this
Agreement shall be forty (40) hours per week.
Section 2. Regular Work Week Schedule. In order to provide for the public safety and
efficiency of operation, the Chief of Police shall have the authority to allocate resources and establish
work schedules of employees in work periods of five (5) or four (4) days. For sworn_ personnel, the
regular work week shall consist of four (4) ten -hour workdays with lunch included. If, in the opinion of
the Chief of Police, restructuring of the regular work day or work week becomes necessary for the
purpose of promoting efficiency, nothing herein shall be construed as preventing the Chief of Police
from restructuring the regular work day or week of individual employees.
Section 3. Changes in Regular Work Week Schedule. If, in the opinion of the Chief of
Police, it should become necessary to establish schedules departing from the regular work day or work
week, the Chief of Police shall give written notice of such change as far in advance as is reasonably
practical. If the change is other than on an individual basis, the City shall meet and confer with the
Association regarding the impact of the decision prior to implementing a general change.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1. "Compensation for Overtime. All authorized overtime for employees shall be paid
at time and one -half (1.5) the regular hourly rate of pay for such employees. Overtime shall be paid on
all hours worked in excess of forty (40) hours in the employee's work week and for all hours worked in
excess of a regular shift. All paid leave shall be counted as hours worked. Employees may elect to
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accumulate compensatory time in lieu of taking overtime pay. The City shall pay off all compensatory
hours in excess of three hundred (300) hours as of February 1st of each year.
Section 2. Overtime Policy. It is the policy of the City that overtime work is to be discouraged.
However, in cases of emergency or whenever public interest or necessity requires, any department or
division head may require any employee in such department or division to perform overtime work. The
projects and types of work for which overtime may authorized shall be approved in advance by the
City Manager; except, in the event of emergency, overtime may be authorized by the Chief of Police or
his designee.
Section 3. Exclusions. Police Captains are specifically excluded from overtime compensation
of any type.
ARTICLE VI
s r,
Section 1. Holidays. Employees covered by this Agreement shall receive eleven (11) holidays
each year, which shall be compensated as follows: ,
r• • 1 i
A. If an employee is required to work on a scheduled holiday, he will receive the ten (10) hours
of holiday pay. In addition, the employee will receive fifteen (15) hours of compensation for having
worked on the holiday. The fifteen (15) additional hours of holiday compensation may be taken in the
form of compensatory time off.
B. If a scheduled holiday falls on the employee's regular day off, he will receive ten (10) hours
of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off, he will
receive ten (10) hours of holiday pay for the day off and no additional compensation.
A. If an employee is required to work on a scheduled holiday that falls on a regularly scheduled
work day, he will receive the nine (9) hours of holiday pay. In addition, the employee will receive
thirteen and one -half (13.5) hours of compensation for having worked the holiday. The thirteen and
one -half (13.5) additional hours of holiday compensation maybe taken in the form of compensatory
time off.
B. If a scheduled holiday falls on the employee's regular day off, he will receive nine (9) hours
of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off, he will
receive nine (9) hours of holiday pay for the day off and no additional compensation.
D. if the holiday falls on the scheduled eight -hour day, the eight (8) hour shift benefit described
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below shall apply.
L1 I 11 iT,1Xff1
A. If an employee is required to work on a scheduled holiday; he will receive the eight (8) hours
of holiday pay. In addition, the employee will receive twelve (12) hours of compensation for having
worked on the holiday. The twelve (12) additional hours may be taken in the form of compensatory
time off.
B. If a scheduled holiday falls on an employee's regular day off, he will receive eight (8) hours
of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a scheduled holiday off, he will
receive eight (8) hours of holiday credit for the day off and no additional compensation.
Section 2. Holidays Provided. The eleven (11) holidays are as follows:
1, New Year's Day
2. Martin Luther King Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day After Thanksgiving
10. Day Before Christmas
11. Christmas Day
_:
e
Section 1. Accruals. Police management employees covered by this Agreement shall accrue
vacation leave with pay on the following scheduled basis:
Years of Service
0-5
6 -10
11+
Hours;, per Year
120
136
160
Section 2. Accrual Limits. Vacation shall be taken at the convenience of the City with the
approval of the Chief of Police. Where possible, such vacation should be taken annually and not
accumulated from year to year. All eligible employees, however, shall be allowed to accumulate two (2)
years allowance of vacation. If the employee is prohibited by the supervisor from taking the employee's
vacation because of manpower shortages or operational needs, the employee shall be paid all vacation
in excess of two (2) years at the rate earned at the time the employee would have taken his vacation.
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All accumulated vacation in excess of two (2) years shall be taken off within ninety (90) days at a time
mutually agreeable to both the supervisor and the employee.
Section 3. Effective the first pay period following adoption of this Memorandum of
Understanding in Fiscal Year 2015 -16, the Chief of Police shall make good faith effort to accommodate
an employee's request to take vacation in order to reduce vacation accrual if the employee has reached
their maximum two (2) years allowance of vacation.
Section 4. Accrual Calculation. Vacation shall be accrued on a monthly basis by dividing
twelve (12) into the number of hours per year to which the employee is eligible to receive based upon
the employee's years of service with the City.
Section 5. Accrual Upon Separation from Employment. When an employee who is entitled
to receive vacation under this Article separates from City service, either by retirement, permanent
layoff, or termination, the employee shall be paid for unused earned vacation at the hourly rate of pay in
effect at the time of separation. An employee must work the last full pay period of the month in which
they separate employment to receive the accrual for that month.
ARTICLE VIII
LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay. The City Manager and /or the City Council may
grant a permanent employee a leave of absence for a specific purpose without pay for a period not to
exceed up to one (1) year. No such leave shall be granted except upon written request of the
employee. Approval shall be in writing and a copy filed with the Human Resources Office of the City.
Upon expiration of a regularly approved leave, the employee shall be reinstated in the position held at
the time the leave was granted. The employee shall report promptly upon the expiration of any leave
granted. Failure to report within a twenty -four (24) hour period after expiration of the leave shall be
considered a voluntary resignation, provided that the employee may appeal this automatic termination
through the grievance procedure as though it were a non - voluntary termination. Except as may be
provided by law, no employment or fringe benefits such as, but not limited to, sick leave, vacation,
health insurance, retirement or any other benefit shall accrue to any employee during leave of absence
without pay.
Section 2. Notice of Return to Work. An employee on leave of absence must give the City at
least seven (7) days written notice of the employee's intent to return to work.
Section 3. Outside Employment While on Leave. An employee who engages in outside
employment during said leave of absence without prior approval of the City Manager shall be subject to
termination. Any employee who falsified a reason for the request for said leave of absence or any
extension of such leave of absence may be terminated for falsifying such request.
Section 4. Sick Leave.
A. Sick Leave Accruals. Sick leave shall be accrued at the rate of 4.615 hours per bi- weekly
pay period for a total of one hundred twenty (120) hours per year for full -time employees without limit
on accumulation. Sick leave shall not be considered to be a privilege which an employee may use at
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his discretion, but rather shall be allowed only for the purposes specified below in Section B.
B. Use of Sick Leave. Effective the start of the pay period which includes July 1, 2015, the first
three (3) shifts or hours equivalent (e.g. 30 hours for employees assigned to a 4/10 work schedule or
twenty -four (24) hours for an employee on a 5/8 hour work schedule) of paid sick leave taken each
twelve (12) month period, for any authorized purpose, will be considered sick leave used pursuant to
the Healthy Workplaces, Healthy Families Act of 2014 (California Labor Code sections 245 -249). The
twelve (12) month period is July 1 through June 30 for employees hired prior to July 1, 2015. For
employees hired on or after July 1, 2015, the twelve (12) month period is the twelve (12) month period
beginning on the employee's hire date,_ until the following July 1 at which point the employee's twelve
(12) month period will begin the start of the pay period which includes July 1 to the pay period that
includes June 30.
1 Employees can use sick leave for themselves for preventative care (such as for flu shots
or physical exams) or care of an existing health condition.
2.- Employees can use sick leave for the diagnosis, care, or treatment of an existing health
condition of, or preventative care for, an employee's child, parent, spouse or registered
domestic partner. Only the first three (3) shifts or hours equivalent of sick leave an
employee uses in a twelve (12) month period can be used for the diagnosis, care, or
treatment of an existing health condition of, or preventative care for, an employee's
sibling, parents -in -law, grandparent or grandchild, or
3. Employees can use sick leave for specified purposes if they are victims of domestic
violence, sexual assault or stalking as set forth in California Labor Code section 230(f)
and 230.1(a).
C. In order to receive compensation while absent on sick leave, the employee shall notify a
designated supervisor at least one -half (.5) an hour prior to the start of designated -duty. In all
instances, if an employee is incapacitated, notification shall be waived until a reasonable period has
elapsed. For any such absence, the employee shall file a written statement with the City Manager
stating the cause of the absence. When the absence is for three (3) work days or more, the Chief of
Police may require a physician's certificate verifying inability to work before said leave shall be
approved by the City Manager.
D. The right to benefits under the sick leave plan shall continue only during the period that the
employee is employed by the City. This plan shall not give any employee the right to be retained in the
service of the City, or any right of claim to sickness disability benefits after separation from the service
of the City.
E. Notwithstanding anything contained in this Section, no employee shall be entitled to receive
any payment or other compensation from the City while absent from duty by reason of injuries or
disability received as a result in engaging in employment other than employment by the City for
monetary gain or other compensation, or by reason of engaging in business or activity for monetary
gain or other compensation other than business or activity connected with City employment.
F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City's_ physician,_ and if the results of the examination
indicate the employee is unable to perform his duties, or in the performance of his duties exposes
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others to infection, the employee shall be placed on sick leave without privilege of reinstatement until
adequate medical evidence is submitted that the employee is competent to perform his duties or will not
subject others to infection. Any employee so examined shall have the right to submit the reports of a
competent medical authority of his own selection, and at his own expense, in addition to the report
submitted by the City physician. In the event of a conflict of opinion and /or recommendation of the two
physicians, a third physician shall be selected by the first two physicians and the final decision shall be
made by the City Manager based upon the medical evidence submitted to him.
G. Unused Sick Leave De osited into City Retirement Health Savings Plan. Upon retirement of
an eligible employee, one hundred percent (100 %) of the employee's, unused accumulated sick up to
the maximum amount of nineteen hundred (1,900) hours shall be deposited into the City Retirement
Health Savings Plan.
H. _Accrued sick leave shall be valued for the purpose of Section G above for employees hired
on or after June 30, 1974, only on the following basis:
1. Sick leave earned on or after July 1, 1974, shall be calculated at the rate prevailing at
the end of the fiscal year in which it was earned.
2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick leave first,
provided, however, when an employee takes sick leave, the employee shall receive for
each day of sick leave one (1) day's pay at the employee's_ rate of pay in effect at the
time of taking sick leave. For covered employees hired prior to June 30, 1974; and /or
retirees with twenty (20) years of City service, or retirees with -a physical disability, or a
psychological disability resulting from a direct consequence of a violent act, sick leave
shall be converted at the prevailing rate.
I. Employees who have accrued three - hundred sixty (360) hours of sick leave may convert
each two (2) hours of accumulated sick leave to one (1) additional hour of vacation, providing that not
more than eighty (80) hours of additional vacation days may be so converted in any one (1) fiscal year.
Employees who have made conversions during the past two (2) years may reverse the conversions
made for those years provided that the employee has sufficient vacation hours.
J. Sick Leave Payoff Upon Layoff. In the event of a permanent or indefinite layoff, an
employee with ten (10) years of continuous service with the City shall be entitled to the benefit as
specified in G above. If such employee resigns after receiving official notification of his impending
layoff, he shall be eligible for the above benefit.
Section 5. Bereavement Leave.
A. An employee who has suffered a death of an immediate family member, may be allowed
bereavement leave with pay not to exceed six (6) work days per incident on the basis of one -half (5)
work day for each month of regular employment, which is deducted from accumulated sick leave.
Immediate family members shall include and be limited to the employee's mother, father, brother,
sister, spouse, child, grandchildren, grandparents and current parents -in -law.
B. All such claims for bereavement leave are subject to verification by the Chief of Police or
their designee.
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Section 6. Workers' Compensation Injury on Duty. Employees covered by this Agreement
shall be entitled to all rights provided under Section 4850 of the Labor Code.
Section 7. Employee Disability Leave.
A.- An employee that has at least one (1) year of continuous service with the City and who has
exhausted all accrued leave (vacation, sick- leave, comp time) due to non- industrial illness or injury can
be advanced sick leave time at the rate of seventy -five percent (75 %) of the employee's regular salary
according to the following table:
Maximum Time Allowance (Hours);
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. Application for disability leave shall be made by the employee to the City Manager through
the Chief of Police, accompanied by full medical justification from a physician chosen by the City at the
direction of the City. Failure to submit to such an examination shall be a basis for terminating disability
leave. If the City Manager approves the application, he shall notify the employee of such approval in
writing.
C. After the employee returns to work, the employee shall reimburse the City for the value of
the advanced sick -leave time by having the employee's sick leave accrual for sick - leave reduced by
one -half (.5) of the time used for such employee disability leave at a minimum rate of one -half (.5) day
of sick leave per month or may contribute vacation leave to accelerate the employee's reimbursement
to the City for providing the benefits under this Article.
D. When the value of the advanced sick- leave has been reimbursed as set forth above, the
employee shall be eligible to apply for additional disability leave; provided that no employee shall
receive more than the "total" set forth above for his length of service, during his entire employment with
the City.
E. Grounds for termination of disability leave by the City Manager shall include, but not be
limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The leave is being used as a pre- retirement leave for purpose of postponing retirement
or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information -mat and submitting to
any examination requested by the City to determine the existence or continuing nature of
the employee's disability.
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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 8. Military Leave. Military Leave shall be granted in accordance with the provisions of
state and /or federal law. All employees entitled to military leave shall give the appointing power an
opportunity, within the limits of military to determine when such leave shall be taken.
Section 9. Jury Duty. The City will not provide release time for jury duty to employees
covered by this Agreement. If the State and /or Federal Court Jury Commissioners rescind their present
policy of granting exemptions from jury service to persons who do not receive paid release time for jury
duty from their employers, so as to require jury duty service despite the absence of such pay from their
employer, then the City's practice of providing paid leave time to employees for jury duty shall be
reinstated immediately upon the effective date of such change for the applicable State and /or Federal
Court.
A. In event that an employee is called for jury duty and wishes to serve, accrued vacation
leave, compensatory time or a leave of absence without pay shall be granted subject to the scheduling
requirements of the City.
B. In the event that the court fully reimburses the City for the full salary of an employee on jury
duty, the City will immediately reinstate the practice of providing paid release time to employees for jury
duty.
C. In the event that an employee is called for jury duty and the court does not excuse jury
service based on the non - payment of salary by the employer, the City shall grant said employee paid
release time for the required jury duty.
Section 10. Executive Leave. Police Captains and Police Lieutenants are eligible for ten (90)
hours of Executive Leave each four (4) months. This leave should be used within the specified time.
This leave may not be carried forward from one (1) calendar year to another.
Section 11. Physical Fitness Leave. All employees are eligible to earn up to eighty (80) hours
of Physical Fitness Leave per calendar year. Such hours are earned on a calendar quarterly basis and
are credited in the quarter following the quarter in which it was earned. The earning of these hours is
voluntary on the part of each employee.
Physical Fitness Leave hours are earned based on the following scheduler Ten (10) hours for
fitness testing results achieved and rated as "Good" and twenty (20) hours for results rated as
"Excellent." All fitness testing for purposes of this provision is conducted by a member(s) of the Downey
Police Department Physical Fitness Committee.
Independent of regular fitness testing above, every employee has the opportunity to earn an
additional ten (10) hours of Physical Fitness Leave provided the medical examination and other
requirements of the program are met.
Earned physical fitness hours are intended to be used to cover authorized time off. Any unused
Physical Fitness Leave balance shall be paid out in February in the following calendar year. If an
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employee has a Physical Fitness leave bank of one hundred (100) hours, the employee is ineligible to
accrue any additional time.
Physical fitness testing standards and procedures shall be established by the Police
Department.
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that exist during the term of this Memorandum of Understanding
except dental insurance.
Section 2. Selection and Funding. In the administration of the fringe benefit programs, the
City shall have the right to select any insurance carrier or other method of providing coverage to fund
the benefits included under the terms of this Memorandum of Understanding, provided that the benefits
of the employees shall be no less than those in existence as of the implementation of this Agreement.
Section 3. Changes. If, during the term of this Memorandum of Understanding, any change of
insurance carrier or method of funding for any benefit provided hereunder occurs, the City shall meet
with and discuss the matter prior to any change of insurance carrier or method of funding the coverage.
ARTICLE X
r � �
Section 1. Medical Insurance.
A. Effective the start of the pay period that includes July 1, 2015 and through the term of this
Memorandum of Understanding, the City agrees to pay one hundred percent (100 %) of the premium for
medical insurance for employees hired by the City prior to the adoption date of this Memorandum of
Understanding. Such City paid medical coverage will include employee plus their qualified
- dependent(s) up to the highest premium rates for a Preferred Provider Option (PPO) medical plan
offered by CaIPERS.
B. Effective the pay period that includes July 1, 2015 and through the term of this
Memorandum of Understanding, the City agrees to pay 100% of the premium for medical insurance for
employees hired on or after the adoption date of this Memorandum of Understanding. Such City paid
medical coverage will include employee plus their qualified dependent(s) up to the premium rates for
the Kaiser HMO medical plan offered by CalPERS. If an employee elects ;a higher cost CalPERS plan,
he must pay the difference in premium between that plan and the Kaiser HMO plan premium for his
respective eligible level of coverage.
C. The stated amounts of City paid medical premiums are inclusive of the CalPERS statutory
minimum employer contribution under the Public Employees' Medical and Hospital Care Act
(PEMHCA).
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D. Citywide Medical Committee - A Committee, consisting of one (1) representative appointed
from each Employee Association will be created for the purpose of studying the City Medical plans with
the goal of reducing the cost of the plans and developing improved retiree medical benefits. No
changes to the existing health benefits will be made without written approval of both parties.
Section 2. Employee Waiver of Medical Coverage. The City agrees to permit an employee
to waive City - sponsored medical coverage as follows:
1. The employee must presents proof to the Human Resources Director or designee that
he and his qualified dependent(s) are covered by another non - City - sponsored medical
plan for the plan year;
2. The employee must sign a statement acknowledging the opt out 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
3. The employee must sign a statement acknowledging his understanding that his qualified
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.
Upon adoption of the 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 is approved to opt out
of medical coverage shall receive compensation for one of the following, depending on the level of non -
City sponsored coverage the employee has provided proof of having:
a. Three hundred dollars ($300.00) per month if waiver eligibility is for "employee only
coverage.
b, Four hundred and fifty dollars ($450.00) per month if waiver eligibility is for "employee
plus one" coverage.
c. Six hundred and fifty dollars ($650.00) per month if waiver eligibility is for "employee
plus two or more dependents" coverage.
The eligible amount will be added to the employee's paycheck or will be placed in the
employee's deferred compensation plan account at the employee's option. A medical opt out election
may only be made during an announced Open Enrollment period for medical insurance changes
effective January 1.
Section 3. Dental Insurance.
A. HMO Dental Plan. The City shall continue its contribution of thirty -one dollars and ninety-
five cents ($31.95) per month towards a HMO dental benefit plan for employee and his qualified
dependent(s). Any amount necessary to cover the monthly premium in excess of the City's contribution
is the responsibility of the employee.
B. Delta Dental PPO Plan. The City shall "maintain its Delta Dental PPO plan, which is a self
funded plan administered by Delta Dental, and agrees to maintain the employee's contribution rate of
fifty -two percent (52 %) towards the total monthly premium.
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1. Plan premiums are calculated annually based on the prior year's claims experience,
administrative fees, and an industry trending projection. This calculation shall be
conducted by Delta Dental for communication by the City during the announced annual
Open Enrollment period.
2. for cost effectiveness that is mutually beneficial to the City and the Association, the City
will continue to evaluate other Delta Dental plan coverage options for implementation to
reduce premiums and /or employee out of pocket costs for consideration of a change
from a current composite rate to a three -tier rate structure ( "Employee only; Employee
plus one dependent; and, Employee plus two or more dependents ") for monthly
premiums effective January 1. In addition, the City changes from a June Open
Enrollment to the Open Enrollment Period that coincides with CaIPERS medical plan for
changes effective January 1. There will be no changes in dental plan coverage without
agreement of the parties. The annual CaIPERS medical Open Enrollment Period is held
generally during September through October.
Section 4. Life Insurance. Police Captains and Police Lieutenants shall be provided with
group term life insurance in an amount equal to one times annual earnings up to $100,000.00 full
annual salary.
Section 5. Long -Term Disability Insurance. Police Captains and Police Lieutenants shall be
provided with group Long -Term Disability insurance coverage.
RETIREMENT
Section 1. California Public Employees' Retirement System (CaIPERS) Coverage.
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
CaIPERS.
Section 2. Retirement formulas and Contributions.
A. FIRST TIER
1. Employees hired in a safety classification prior to October 10,_ 2012 shall be provided the
3% at 50 retirement formula as set forth in California Government Code Section
21362.2.
a. In accordance with existing practice and Government Code sections 20636(c)(4) and
20691, the City will pay the employees' statutorily required member contribution of
nine percent (9 %) and report this Employer Paid Member Contribution ( "EPMC ") to
CaIPERS as special compensation.
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b. Effective the pay period that includes July 1, 2015, employees in the first tier shall
have deducted a total of six percent (6 %) of CalPERS reportable compensation, on a
pre -tax basis, pursuant to Government Code Section 20516 (f).
c. The City has passed 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).
d. First tier benefits are available only to "classic" members (i.e., those members that
do not meet the statutory definition of "new member" under the California Public
Employees' Pension Reform Act ( "PEPRA" ), specifically Government Code section
7522.04(f) and who were hired prior to October 10, 2012).
B. SECOND TIER
1. Employees hired into a safety classification on or after October 10, 2012, but before
January 1, 2013, shall receive the 3% at 55 retirement formula pursuant to California
Government Code Section 21363.1.
a. Employees covered hereunder shall pay, on a pre =tax basis, the nine percent (9 %)
statutorily required member contribution to CalPERS.
b._ The City has passed a resolution setting forth that all deductions or contributions
under this Section shall be regarded as a pick -up of retirement costs pursuantJRC
414(h)(2).
c. Second tier benefits are available only to "classic members (i.e., those members
that do not meet the statutory definition of "new member" under the California Public
Employees' Pension Reform Act ( "PEPRA "), specifically Government Code section-
7522.04(f) and hired on or after October 10, 2012, but before January 1, 2013.
C. THIRD TIER( "PEPRA" TIER)
1. Employees who meet the definition of "new member" set forth in Government Code
section 7522.04(f) shall be eligible for the benefits provided by PEPRA, which include
but are not limited to the following:
a. Retirement formula of 2.7% @ 57 (Government Code section 7522.25);
b. Employees covered hereunder shall pay a member contribution of fifty percent (50 %)
of normal cost as determined from time to time by CalPERS (employee contribution
is twelve and one - fourth percent (12.25 %) for FY 2015 - 2016);
c. There shall be no Employer Paid Member Contribution (EPMC) by the City;
d. Retirement benefit calculations shall be based on pensionable compensation, as
defined by Government Code section 7522.34; and
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e. Retirement benefits shall be calculated based on the three (3) year highest average
annual pensionable compensation.
Section 3. City Contribution to Retiree Retirement Health Savings (RHS) Plan.
A. City Contribution to RHS Plan. The City will contribute the following monthly amount toward
an employee's _ RHS account. This _contribution is inclusive of the Public Employees' Medical and
Hospital Care Act (PEMHCA) statutory minimum employer contribution as specified in Cal. Government
Code § 22892(c):
Employees who retire after July 1, 1987 - $ 98.00
Employees who retire after July 1, 2002 - $200.00
Employees who retire after July 1, 2003 $ 235.00
Employees who retire after July 1, 2004 - $ 270.00
These City contribution amounts shall be referred to herein as the "retiree medical contribution."
As a result of the City contracting for CalPERS medical insurance pursuant to PEMHCA
provisions effective October 1, 2012, the following revisions are in effect to avoid an increase cost to
the City's mandated contribution for retirees:
B. Eligibility Requirements. Subject to meeting eligibility criteria below, the maximum monthly
City contribution amount specified in Section A shall be deposited on a quarterly basis to the retiree's
RHS account for the reimbursement of qualified medical expenditures. To be eligible to enroll in the
City's CalPERS health plans, pursuant to CalPERS rules and regulations, and receive the maximum
monthly City contribution amount specified in Section A above, the employee must satisfy the following
eligibility criteria:
1. Retire within 120 days of separation from employment with the City; and
2. At the time of retirement, the employee is employed by the City; and
3. Effective the day after official separation from the City, the employee has been granted a
retirement allowance by the California Public Employees' Retirement System.
C. The City's obligation to contribute toward the retiree's RHS account shall 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 source.
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
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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 CalPERS medical
insurance coverage pursuant to PEMHCA provisions and provided the surviving spouse
pays the appropriate premiums minus the City's mandated retiree contribution amount.
D. 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 A
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 City and the retiree understand that the retiree may
not re- enroll in a City sponsored medical plan and otherwise forfeits the City's RHS contribution amount
permanently.
E. In addition to the conditions specified above, the City's deposit to a retiree's RHS account
shall cease upon any of the following:
1. The retiree fails to submit or respond to the City's request (via certified mail to 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.
F. It is understood and agreed that the annual amount contributed by the City toward the RHS
Plan on behalf of the employees shall be included as an item of compensation in total compensation
survey comparisons.
ARTICLE XII
Section 1. Reimbursement Rates. With prior approval of the City Manager, employees may
be reimbursed for tuition and books for courses taken to improve their value to the City. Tuition shall be
reimbursed for courses as recommended by the Chief of Police with job related justification and
approved by the City Manager or designee. Employees must receive a passing grade in order to be
reimbursed for the course. Reimbursement shall be made at the rate of tuition charged at California
State University at Los Angeles for courses on the quarter system, and California State University at
Long Beach for courses on the semester system. The employee will be reimbursed for required books
only.
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i : • • l
Section 1. Length of Probation /Extensions. An original appointment will be tentative and
subject to a probationary period of not less than eighteen (18) months, except that the City Manager
may extend the probationary period for a class up to an additional six (6) months or for a marginal
employee for up to an additional three (3) months. The promotional appointment will be tentative and
subject to a probationary period of not less than twelve (12) months. Should the appointing authority
desire to terminate any probationary employee, the appointing authority shall notify such employee not
later than two (2) weeks prior to the end of the probationary period.
Section 2. Process for Retention/Termination. If the service of the probationary employee
has been satisfactory to the appointing authority, then the appointing authority shall file with the
Personnel Officer a merit rating including a statement, in writing, to such effect and stating that the
retention of such employee in the service of the City is desired. In the case of an original appointment,
if such a statement is not filed, the employee will be deemed to be unsatisfactory and his employment
terminated at the expiration of the probationary period. In the case of a promotional appointment, the
employee shall be reinstated to the position from which he was promoted.
Section 3. First of the Month. All probationary periods shall extend to the first day of the
month following the period of probation.
ARTICLE XIV
Section 1. Definition. Seniority is defined as the length of an employee's continuous service
within rank from his last date of promotion, and shall apply in the manner and to the extent set forth in
the remainder of the Article.
Section 2. Probationary Employees Excluded. Probationary employees shall have no
seniority rights, but shall acquire seniority from his last date of hire upon completion of his probationary
period.
Section 3. Layoff and Recall Seniority shall apply between employees in 'a rank for purposes
of layoff and recall.
Section 4. Bumping Rights. An employee who is subject to layoff pursuant to this Section
may exercise his seniority in the next lower rank within the Police Department provided that the
employee has satisfactorily held the same position in rank in which the employee seeks to exercise
seniority. The employee with the earliest promotion date to that rank will be considered to have
seniority for that position.
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ARTICLE XV
R7 . W.
Section 1. Management Rights. The City reserves, retains, and is vested with, solely and
exclusively, all rights of management which have not been expressly abridged by specific provisions of
the Memorandum of Understanding or by law to manage the City, as such rights existed prior to the
execution of this Memorandum of Understanding. The rights of management, as they are not abridged
by this Agreement or by law, shall include, but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the necessity and organization of any service or activity conducted by the City
and expand or diminish services.
C. To determine or change the nature, manner, means, and technology, types of equipment
and extent of services to be provided to the public.
D. To determine or change methods of financing.
E. To determine and /or change the facilities and size of the work force by which the -City
operations are to be conducted.
F. To determine and change the number of locations, relocations and types of operations,
processes and materials to be used in carrying out all City functions.
G. Establish and /or change work schedules and /or work assignments in accordance with this
Agreement and existing departmental rules, regulations and procedures.
H. To relieve employees from duties for lack of work or lack of funds.
I. To establish and modify productivity and performance programs and standards and to
require compliance therewith.
J. To discharge, suspend, demote or otherwise discipline permanent non - probationary
employees for proper cause.
K. To hire, transfer, promote and demote employees for non - disciplinary reasons in
accordance with this Memorandum of Understanding.
L. To determine policies, procedures and standards for selection, training and promotion of
employees.
M. To maintain order and efficiency in its facilities and operation. -
N. To establish and promulgate and /or modify rules and regulations to maintain order and
safety `inthe City which are not in contravention with this Agreement.
0. To take any and all necessary actions to carry out the mission of the Agency in
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emergencies.
Section 2. impact of Management Rights. Except in emergencies, or where the City is
required to make changes in its operations because of the requirements of law, whenever the exercise
of management's rights shall impact on employees of the bargaining unit, the City agrees to meet and
confer with representatives of the Association regarding the impact of the exercise of such rights,
unless the matter of the exercise of such _ rights is specifically provided for in this Memorandum of
Understanding or in Personnel or Departmental Rules and Regulations and /or salary resolutions of the
City which are incorporated by this reference in this Agreement.
Section 3.- Health and Safety. The City shall not exercise any of the foregoing rights in an
arbitrary, capricious or invidiously discriminatory manner as to injure the health and /or safety of the
employees.
ARTICLE XVI
Section1. 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 deduction or transmittal of
such funds to the Association, except the intentional failure of the City to transmit to the Association
monies deducted for the employees pursuant to this Article.
ARTICLE`XVII
Section 1. No Job Action. The Association,- its officers, agents, representatives and /or
members agree that during the term of this Agreement they will not cause or condone any strike,
walkout, slowdown, sick -out, or any other job action by withholding or refusing to perform services.
Section 2. No Lockout. The City agrees that it shall not lockout its employees during the term
of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise of
its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.
Section 3. Consequence for Prohibited Conduct. Any employee who participates in any
conduct prohibited in Section I above shall be subject to termination by the City.
Section 4. Suspension of Employee Organization Rights. In addition to any other lawful
remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all
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responsibilities listed below in Association Responsibility, Section 5, the City may suspend any and all
of the rights and privileges, accorded to the Association under the Employee Relations Resolution in
this Memorandum of Understanding including, but not limited to, suspension of recognition of the
Association, _grievance procedure, right of access, check -off, the use of the City's bulletin boards and
facilities.
Section 5. Association Responsibility. In the event that the Association, its officers, agents,
representatives, or members engage in any of the conduct prohibited in No Job Action, Section 1
above, the Association shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this Memorandum of Understanding and unlawful, and they must immediately
cease engaging in conduct prohibited in Section I above and return to work.
Section 6. Hold Harmless. if the Association performs all of the responsibilities set forth in
Association Responsibility, Section 5 above, its officers, agents, representatives or members shall not
be liable for damages for prohibited conduct performed by employees who are covered by this
Agreement in violation of Section I above.
ARTICLE XVI11
r
M.
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
Memorandum of Understanding and departmental rules and regulations or as an appeal of a
disciplinary action.
Section 2. Conduct of the Grievance Procedure. An employee may request the assistance
of another person of his own choosing in preparing and presenting his grievance at any level of review,
or may be represented by a recognized employee organization or may represent himself.
A. Any retroactivity on monetary grievances shall be limited to ninety (90) days prior to the date
that the grievance was filed, in writing, except in cases where it was impossible for the employee to
have had prior knowledge of an accounting error.
B. All time limits specified may be extended to a definite date by mutual agreement of the
employee or his Association representative, and the decision - making Management representative
involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in writing
and signed by the employee or Association representative and management representative.
Section 3. Grievance procedure shall provide for the following steps:
Step, One. Informal Procedure. An employee must first attempt to resolve a grievance without
delay through discussion with a supervisor on an informal basis. The grievance shall begin at the level
of supervision that ultimately took the action that resulted in the grievance. If, after such discussion, the
employee does not believe the problem has been satisfactorily resolved, he shall have the right and
obligation to discuss it with his supervisor's immediate superior, if any, and through the chain of
command to the Chief of Police if necessary. Every effort shall be made to find an acceptable_ solution
by these informal means at the most immediate level of supervision. At no time may an informal
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process go beyond the Chief of Police. In order that this informal procedure may be responsive, all
parties involved shall expedite this process.
In no case may more than fourteen (14) calendar days elapse from the date of the - alleged
incident or action giving use to the grievance or fourteen (14) calendar days from the date the
employee should have reasonably known about the alleged incident and the first meeting with the
supervisor discussed in this section. The employee shall have up to seven (7) additional days for each
level of supervision; however, the time shall not be cumulative. Failure to meet any of these time lines
shall mean that the grievance shall be barred and waived.
Appeals of disciplinary action begin one (1) level of supervision above the supervisor taking the
disciplinary action. Terminations are appealed directly to the Grievance Hearing (Step Four).
Step Two. Formal Procedure. If the grievance is not resolved through the informal process
and the employee has complied with all time limits, then the employee shall have the right to file the
grievance in written form and present it to the Chief of Police within ten (10) calendar days from the
decision or completion of the _informal process. The written grievance shall state all facts plus the
specifics of the alleged dispute. Failure of the employee to take action within the time limit set forth
above will constitute termination of the grievance.
The "Chief of Police shall review the written material submitted by the employee and may require
the employee's supervisor and /or superior officers to submit written material regarding this grievance.
Copies of these materials will be given to the employee prior to meeting with the Chief of Police. The
Chief of Police shall render a decision and comments in writing that shall be given to the employee
within ten (10) calendar days of the meeting between the employee and the Chief of Police.
Steg Three. Employee Relations /Human Resources Director. If the grievance is not
resolved in Step Two, the employee may within ten (10) calendar days present the grievance in writing
to the Employee Relations /Human Resources Director for processing. Failure of the employee to take
this action will constitute termination of the grievance. In the event the employee is not being
represented by a recognized employee organization, the Employee Relations /Human Resources
Director shall forward the grievance to the designated management representative who shall attempt to
resolve the grievance with the employee. If the employee is being represented by a recognized
employee organization, the Employee Relations/ Human Resources Director shall convene a joint
meeting of the recognized employee organization and management representative who shall attempt to
resolve the grievance. In the event the grievance is not satisfactorily adjusted or settled through
discussion at this level, both parties shall advise each other, in writing, as to their respective positions.
Step Four. Grievance Hearing. If the grievance is not resolved in Step Three, the employee
may, within ten (10) calendar days of the receipt of the written position from management
representatives, present a "request for hearing" in writing to the Human Resources Director. Failure of
the employee to take this action will constitute termination of the grievance. The Human Resources
Director shall request from the State Mediation and Conciliation Service,_ or mutually agreed upon
alternative organization, a list of seven (7) neutral hearing officers. In the event that the parties cannot
agree upon a mutually acceptable hearing officer from the list of seven (7), the parties shall alternately
strike names from the list, with the City striking the first name. The identity of the last remaining
individual on the list will be selected as the hearing officer.
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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 XIX
Section 1. Third Party Legal Actions. Third Party Legal Actions Against Police Captains and
Police Lieutenants. If a determination is made by the department that the employees involved have
met the condition that the action given rise to the legal proceeding was taken by the employees during
the course and scope of the employees' employment without malice and in the apparent best interest of
the City, the City shall afford legal representation to the employees in any civil or criminal process. The
choice of °attorney shall be °made ° by the ° majority vote of the ° Police ° Chief, City °Manager, and
employees. The Police Chief, City Manager and the employees shall each have one (1) vote for a
maximum total of three (3) votes.
Section 2. Substance Abuse Policy. The City of Downey and the Association have a vital
interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a
drug or alcohol on the job may pose serious safety and health risks not only to the user but to,co-
workers and the citizens of Downey. The possession, use or sale of an illegal drug or of alcohol on the
job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while
on City premises, at work locations, or while on duty or being compensated on an "on call status."
The City of Downey and the Association recognize that their future is dependent on the physical
and psychological well being of all employees. The City and the Association mutually acknowledge that
a drug and alcohol -free work environment benefits Downey's employees and citizens.
The purpose of this section is to define the City's drug and alcohol policy as well as the possible
consequences of policy violation.
A. - Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited. This prohibition shall not apply to legitimate undercover activities of Police Officers
that are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion' exists, the City may require an employee to submit to `a medical
examination, including, but not limited to, a substance screening. Substance screening means the
testing of urine or other body fluids- as reasonably deemed necessary by a physician to determine
whether an employee has a restricted substance in their system. Reasonable suspicion is cause based
upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is
under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job
is impaired or so that the employee's ability to perform his job safely is reduced.
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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 system which includes methods or mechanisms designed to assure the
integrity of the sample. The facility used for testing shall be certified by the National Institute on Drug
Abuse and comply with established guidelines for "chain of custody" to insure that identity and integrity
of the sample is preserved throughout the collecting, shipping, testing and storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An
employee who tests positive on a confirmatory test will be given the opportunity to discuss the results
with a physician to be designated by the City. The employee should be prepared at that time to show
proof of any valid medical prescription for any detected substance - or to otherwise explain, if he so
chooses, a positive test result.
F While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery
or equipment while taking any kind of medication or drugs which are clearly marked that they may
cause significant drowsiness or impair an employee's performance. An employee shall notify his
supervisor, before beginning work, when taking such medications or drugs. In the event there is a
question regarding an employee's ability to safely and effectively perform assigned duties while using
such medications or drugs, clearance from a physician designated by the City may be required. The
City reserves the fight 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 besought by
an employee with complete confidentiality and without adverse consequences to his employment.
Employees should be aware, however, that a request for assistance through the EAP will not insulate
the employee from disciplinary action already contemplated. Depending upon the facts surrounding the
reasonable suspicion determination, positive test result, and /or other violation of this _ policy or other
City /department rules and regulations, the City may refer an employee to the EAP. Such referral could,
at the discretion of the City, be made available to the employee as an alternative to disciplinary action.
Referral would be subject to agreement by the - employee to enroll, participate in and successfully
complete a rehabilitation and /or counseling program and other terms and conditions in a "Last Chance
Agreement."
1. It is the City's intent to use the EAP option for first offenders except the City reserves the
right to discipline for those offenses which are a significant violation of City /department
rules and regulations or where violation did or could have resulted in serious injury or
property damage.
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Section 3. Industrial Disability Retirement Procedures. The City Manager may delegate to
the Assistant City Manager his authority under Resolution Number 4428 concerning industrial disability
retirement applications.
ARTICLE XX
MINIM
Section 1. Sole Source. It is the intent of the parties hereto that the provisions of this
Memorandum of Understanding shall supersede all prior agreements and memorandums of
understanding, or memorandums of agreement, or contrary salary and /or personnel resolutions and
ordinances of the City, oral or written, expressed or implied, agreements between the parties or
understandings between the parties, and shall govern their entire relationship and shall be the sole
source of any and all rights which may be asserted hereunder. This Memorandum of Understanding is
not intended to conflict with Federal or State Law.
Section 2. Inclusion of Other Rules and Regulations. Notwithstanding the provisions of
Section 1 above, there exists within the City of Downey, certain personnel resolutions, ordinances, and
departmental rules, "regulations and procedures. To the extent that this Memorandum does not
specifically contravene provisions of these personnel resolutions, ordinances, and departmental rules,
regulations and procedures; these personnel resolutions, ordinances, and departmental rules,
regulations and procedures are specifically incorporated herein.
i l •
During the term of this Memorandum of Understanding, the parties mutually agree that they will
not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of employment,
whether or not covered by this Memorandum or in the negotiations leading thereto and irrespective of
whether or not such matters were discussed or were within the contemplation of the parties hereto
during the negotiations leading to this Memorandum. Regardless of the waiver contained in this Article,
the parties may, however, by mutual agreement, in writing, agree to meet and confer about any matters
during the term of this Memorandum.
ARTICLE XXII
Section 1. In 2014, CalPERS initiated an audit of the City's compliance with the Public
Employees' Retirement law and CalPERS rules and regulations. If, at any time during the term of the
Memorandum of Understanding the City receives the CalPERS final audit report and this report
requires the City to change any of its current pay or reporting practices, the City and the Association
may demand to reopen the Memorandum of Understanding to address the impact of these changes.
These discussions shall begin in January 2016 with an expected conclusion by June 30, 2016.
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Section 2. The parties agree to reopen discussions in January 2016 on vacation /cash -out
issues to address any employee in excess of the two -year maximum accrual.
Section 3. The parties also agree to reopen discussions by June 1, 2016 on tuition
reimbursement for quarter system resulting from California State University, Los Angeles' conversion to
the semester system starting Fall term 2016.
Section 4. The parties agree to reopen discussions during the term of this Agreement to
discuss the CaIPERS contract optional benefit of Service Credit for Unused Sick Leave.
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
Memorandum of Understanding or the City's Personnel Rules and Regulations or Resolutions of the
City, which restrict the City's ability to respond to these emergencies, shall be suspended for the
duration of such emergency. After the emergency is over, the Association shall have the right to meet
and confer with the City regarding the impact on employees of the suspension of these provisions in the
Memorandum of Understanding and the City's Personnel Rules and Regulations and policies.
ARTICLE XXIII
MWIZEM
Should any provision of this Memorandum of Understanding be found to be inoperative, void, or
invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding
shall remain in full force and effect for the duration of this Memorandum of Understanding.
ARTICLE XXIV
REM IN =1:43MIN19
The term of this Memorandum of Understanding shall commence on July 1, 2015 and shall
continue in full force and effect until June 30, 2017.
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ARTICLE XXV
..
vette Abich Garcia, City Attorney
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F4 7.--
071
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Police Captain
Police Lieutenant
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