HomeMy WebLinkAboutResolution No. 16-7632-Adopting MOU b/w City of Downey & Downey Public Safety Auxiliary Assoc.IN • • •
RESOLUTION OF • OF DOWNEY ADOPTING
MEMORANDUM THE OF OF DOWNEY
AND THE DOWNEY PUBLIC SAFETY AUXILIARY • • 2016
MARCH 31, 2018)
WHEREAS, the City of Downey, hereinafter referred to as "City," and the City of Downey
Public Safety Auxiliary Association hereinafter referred to as " DPSAK have met and conferred
in accordance with the requirements of the Meyers- Milias -Brown Act and Employee Relations
Ordinance 1118; and,
WHEREAS, the City and the DPSAA have memorialized the Agreement in a written
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City and the DPSAA,
attached hereto, is hereby approved in substantially the form thereof together with any additions
thereto or changes therein deemed necessary or advisable by the City Manager.
SECTION 2. The Director of Human Resources is authorized to sign the Memorandum
of Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 10th day of May, 2016.
ALEX SAAB, Mayor
T;
ADRIA M. JIMENE „ MM
City Clerk
1 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a Regular Meeting held on the 10th day of May, 2016 by the following vote
to wit:
AYES: Council Members: Ashton, Brossmer, Marquez, Vasquez, Mayor Saab
NOES: Council Members: None.
ABSENT: Council Members: None.
ABSTAIN: Council Members:: None.
ORIGINAL
UNA
Fir.
Table of Contents
ARTICLE ------.
RECOGNFO[)N-------
ARTICLE U................................
.. ~, 5
......................... 5
` . /5
~~~.,-,~- ..... '~,-`-~-~_`-"`-_._~`_-_-,
ARTICLE III 6
Section 1.
Salary Increases ....................................
6
Section 2.
The Plan Cf Salary Schedules ............................ ^~°......... °.......
5
Section 3.
Eligibility for Merit Salary Advancement .................
<]
Section 4.
Salary Schedule Step Reduction .......... .�����`�u�_�7
Section 5.
Longevity Pay . ...................................... -°~_._^°'~,°'~_7
Section 6.
Eligibility for Promotion Increases .........
'7
Section 7.
Eligibility for Differential Pay . ................... ° ............ __,_,_~_,�_~e~~_
8
Section 8.
Bonus Pay for Training . .................................
0
Section 9'
Uniforms Allowance ..............................
8
Section 1^
Acting 'Pay ............................................ ~~~,~,8
Section 11.
C)ut-Of-C|@sS Pay ..................................
S
Section 12.
Bilingual Pay ....................................... _^=`~........ °
9
Section 13.
Court Time ........................ ............................
9
Section 14.
Standby Compensation .........................
Q
Section 15.
Matron Duty Pay .................................. ____ . ~=-`=_1O
ARTICLE |V...................................................................
11
WORKWEEK
....................................................................
1
ARTICLEV .........................................................................................
2
OVERTIME (COMPENSATORY TIME OFF) ...............
2
Section 1.
Compensation for Overtime .................. ~^
2
Section 2.
[4V Pyramiding .........................................
2
Section 3.
Discouragement of Overtime ..................
2
Section 4.
Emergency Service Condition .................. .~_-°=^-^--.°~.-~=`~....... ^=~~_^~.12
Section 5.
When Absent from Duty .........................
3
Section 6-
Overtime ................................................
3
Section 7` Compensatory Time Off ......................... 3
Section 8. Cash in Compensatory Time Off ............ � =_...... ,=°- 13
ARTICLE V1 .................................................................... 3
COMPENSATION FOR SPECIAL CALL-IN .................. 3
ARTICLE\4|-'=--'-=-=,-=-.=,=,-=-=,=_=-=--_-==_----=.=-===-',,
14
HOLIDAYS ' ^'_.~,~-'-.-......'.............'........--.........--...-.....-.—'-_`~~_~---_-�
14
ARTICLE VIII .......................................................................................................
15
VACATION ..........................................................................................................
____��^�15
ARTICLE |p| ..........................................................................................................
^.~~.~~�~°_�15
NON-PAID LEAVE <]FABSENCE 15
----------------------~-=-----~�..
Section 1.
Leave Cf Absence ........................................................................
=^^=__,__15
Section 2.
Written Notice of Intent bo Return ................................................
_-~ ... ~-__=,.18
Section 3.
Outside Employment While {]n Leave . ..........................................
_ ._. _16
ARTICLEX ..........................................................................................................
.~,-_~°',_~16
SICK LEAVE
....................................................................................................
_~����_���.1�
Section 1.
Sick Leave Accruals . ..................................................................
Section 2.
Use Of Protected Sick Leave .......................................................
.1O
Section 3.
Accrued Sick Leave Benefit . ........................................................
__.«�e_ ... 17
Section 4.
Fitness for Duty ..........................................................................
...... .^,`~_,~]7
ARTICLE X1 _--'----'--�-----------�-------'-----'�����--�.�`
18
OTHER USES (]F SICK LEAVE ......................................................................
____~_=^__�8
Section 1.
Sick Leave Conversion md Retirement or Death ..........................
.."^-~~.18
Section 2.
Sick Leave Conversion bz Vacation ................................................
10
Section 3.
Bereavement Lemve.---.-'--..._'....-.-...----'..'—
18
Section 4.
Personal Leave ..............................................................................
19
Section 5.
Workers' Compensation Injury On Duty. ......................................
,__.____,19
Section 6.
Employee Disability Leave ...........................................................
19
Section 7.
Military Leave ..............................................................................
20
Section8i
Jury Duty . ....................................................................................
............... ... 2O
Section 9.
Pregnancy Disability Leave ------------------'...x..
............... 2O
Section 10.
Family Leave . ............................................................................
=,_~^=,= ...... 2O
Section 11.^Chi|d-Re|a1ed
Activities" Leave . ................................................
20
Section 12.
Consultation nfHuman Reoouroea-----'--'-----.
1
ARTICLEXU ........................................................................................................
~"°-~ °,~°21
FRINGE BENEFIT
ADMINISTRATION ...............................................................
21
ART|CLE}(U| --------'
.. . - .
.--. .-� � '.� '''-.''.—'''--'--........'
.. 21
__=-_~=-"_-
MEDICAL, DENTAL AND OTHER COVERAGE ...............................................
21
Section 1.
Medical Insurance .......................................................................
� 21
Section 2.
Dental Insurance . '....-.-'....-.--..-'.-...---..-.--'.
23
Section 3.
Life & Accidental Death and Dismemberment (AD&D)
Insurance. _a ......... 25
2
Section 4. Long ^Term Disability Insurance ' - , . ' ,, . .. ,��_��
2u -
Section 5. Employee Assistance Program (EAP) ............................................ _,___,_°_25
/\RT|CLEXK/------....---.........-..-'...---...'.....,-'......'....-.'.-.--.. .... __25
�
RETIREMENT...................................................................................................... _ .............
25
Section 1. �mU�E����hrennerdP�n
^ '..--'.........---'..---....'---'.._'^-.~'-�^�
25
Section 2. Fl��T��R�UnenlerdForn1u|a
� `--'----------------�-��-�_'`_
25
Section 3. Second Tier Retirement Formula .................................................... ~_=__~-_°~,.26
Section 4. Third Tier ("PEPRA^ Tier) Retirement Formula ................................. ...............
26
Section 5. Survivor/Death Benefits . .................................................................... _=, ... ,=o.27
Section O. City Contribution b» Retiree Retirement Health Savings (RHS) Plan -_^.~~...27
ART|CLEXV _----------------------�----''----------�_-��-
29
TUITION REIMBURSEMENT .................. _............... .^=_~=_==_-,___°^~,,,___,.23
ARTICLEXV| .............................................................................................................. .............
2S
PROBATIONARY PERIOD .................................................................................. _,____`_.2S
ARTICLE XVU ......................................... .=___^~-~^_~_.."~..`^,^.~�-_^_~
SENIORITY ---''-'-------~~'=,==-_-`--.-._'-~~.~`_..~--.--��������^
30
ARTICLE XV|U ........................................................................................................ __�.,_^__`�31
CITYRIGHTS ....................................................................................................... _.-_°, ... �31
ARTICLE X|){.......................................... ..... _.82
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES ..................... __.__.._32
Section 1. DuGoDeductionS ---.
32
Section 2. Indemnification .................................................................................... "_32
Section 3. Release Time for Meet and Confer '... ............................................ ..-~._v._32
ARTICLEXX ........................................................................................................... _x..___ ... ,�33
NO STRIKE -W{] LOCKOUT ................................................................................... _.,^~,~33
ARTICLE XX| ...........................................
�]
GRIEVANCE PROCEDURE ................................................................................... _r,-__^33
Section1. Grievance . ...................................................................................... = ......... ,-33
Section 2. Conduct ofthe Grievance Procedure ............................................... ___ ... __.33
Section 3. Grievance Procedure Steps ....................... ..................................... °~^.~°..34
ART|CLEXXU -----------------------------------�-�-��.-�_
35
MISCELLANEOUS .............................................................................................. __�,�__,_.�5
Section 1. Substance Abuse Policy ......................................................................
Section 2. Transfer Rights ----'
37
Section 3L Labor-Management Committee ........................................................ ,~,,_~.-^37
3
ARTICLEXXUL.==,='-=_.=..=,=-',=,=.=,=,=....,..-.~~.._--..._.-------------.J7
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING .............................................
37
ARTICLEXXK/ ..........................................................................................................................
3R
WAIVER [)F BARGAINING DURING TERM OF THIS AGREEMENT ...................................
38
ARTICLEXXV ...........................................................................................................................
38
RE-OPENER------------------..-'....--...---.-'....,'-'''''''''~'''-'-.
38
ARTICLE XXV|'..''._...-.''''.'''.-.'''.'''''.'''.-.'''.-.''.-.''''.'''--''-''3g
EMERGENCY WAIVER PROVISION ...................................................................................
39
ARTICLEXXV|| .........................................................................................................................
38
SEPARABILITY.....................................................................................................................
39
/\RT|CLEXXV|U .........................................................................................................................
3Q
TERM CJF MEMORANDUM {]F UNDERSTANDING .............................................................
39
ARTICLEXXDC ..........................................................................................................................
4O
RATIFICATION AND EXECUTION .......................................................................................
43
EXHIBIT/\................................................................................................................................
41
CLASSIFICATIONS REPRESENTED BY THE OOVVNEY PUBLIC SAFETY AUXILIARY
ASSOCIATION --------------------------------------=.41
EXHIBITB ................................................................................................................................
42
PAYSCHEDULE ..................................................................................................................
42
4
MUMINI'mi 0 0 1 IM
1•; • •
r •
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey, the
City of Downey (hereinafter called the "City ") has recognized the Downey Public Safety Auxiliary
Association (hereinafter called the Association) as the recognized majority representative of all
full -time employees covered in the classifications listed on Exhibit A. The City has recognized
the Association for the purpose of meeting its obligations under the Myers- Milias -Brown Act,
Government Code Section 3500 et seq, and the Employee Relations Ordinance of the City
when City rules, regulations or laws affecting wages, hours or other terms and conditions of
employment are amended or changed.
7,15T.M9770M n MMI=6
Section 1. The parties mutually recognize and agree to protect the rights of all employees
hereby to join and /or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Ordinance and
Government Code Sections 3500 and 3511.
Section 2. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, marital status, age, national origin, political or religious
opinions or affiliations. The City and the Association shall reopen any provision of this
Agreement for the purpose of complying with any final order of a federal or state agency or court
of competent jurisdiction requiring a modification or change in any provision or provisions of this
Agreement in compliance with state or federal anti - discrimination laws.
Section 3. Whenever the masculine gender is used in this Agreement, it shall be
understood to include the feminine gender.
Section 4. The City and Association agree to comply with applicable State and Federal
laws and regulations regarding the employment of the disabled.
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H /PSNULABORMPSAA MOU2016 -18 FINAL,docz
Section 1. Salary Increases.
A. All employees in classifications covered by this Memorandum of Understanding as
referenced in Exhibit B shall receive the following pay increases:
1. Effective the beginning of the pay period that includes April 1 2016, a three percent
(3 %) across the board pay range increase shall apply to all classifications
represented by this Agreement.
2. Effective the beginning of the pay period that includes April 1, 2017, a two percent
(2 %) across the board pay range increase shall apply to all classifications
represented by this Agreement.
Section 2. The Plan of Salary Schedules.
A. Description of Schedules. The pay plan consists of a set of monthly salary schedules.
Each of such schedules is designated by a schedule number. Each schedule consists of five
(5) steps of monthly compensation, each of which is designated by step letter.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a monthly
rate shall be computed by dividing twelve (12) times the monthly rate by fifty -two (52) times the
number of working hours per week.
Section 3. Eligibility for Merit 'Salary Advancement.
A. Eligibility for Salary Step Increase..
1._ Salary step increases shall be considered on a merit basis only, and then only at the
following times, and in accordance with subsection B below.
2. All full -time appointments shall be made at the first step of the salary schedule
assigned that class, unless prior written approval of the City Manager is obtained for
appointments at a higher step in the assigned schedule.
3. No salary advancements shall be made so as to exceed the maximum rate
established in the salary schedule for the class to which the employee's position is
allocated.
B. Qualification for Salary Step Advancement.
1. Advancement shall not be automatic but shall be based upon merit, dependent upon
increased service value of an employee to the City as exemplified by
recommendations of his supervisor, length of service, performance record, special
training undertaken, and other objective evidence.
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H /PSNULABOROPSAA MOU 2018 18 FINAL docx
2. Only employees rated as meeting the standard of work performance expected of City
employees shall be qualified to advance to the salary steps B, C, D and E.
3. if an employee does not receive a merit increase as a result of performance
evaluation the employee may appeal through the grievance procedure.
C. Merit Evaluation.
1. Every employee shall receive an objective, written job performance rating, no sooner
than three (3) weeks before, no later than five (5) working days before the date of
eligibility for each salary step, merit longevity or hourly - increase, and annually
thereafter, and upon a change of employment status. Nothing in this section shall
prohibit the department head or authorized supervisor from giving an additional
objective rating to an employee between those periods of time described in this
section.
2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the
employee's work. An employee shall be rated by his immediate supervisor and that
rating shall be reviewed by the department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's work performance
falls below the level for which a step increase was granted, an employee's authorized pay may
be reduced to the employee's previous step rate under written procedures established by the
City for demotions and reduction in pay.
Section 5. Longevity Pay.
A. Eligibility. Effective the first pay period following Council adoption of this MOU, a regular
full -time employee who has completed continuous service to the City shall receive longevity pay
as follows:
1. Five and one -half percent (5.5 %) for the completion of (10) years of continuous
service to the City.
2. Eight and one- quarter percent (8.25 %) for the completion of twenty (20) years of
continuous service to the City.
3. Longevity pay is effective the start of the pay period that includes the ten (10) or
twenty (20) anniversary year date.
4. Such pay is not cumulative.
Section 6. Eligibility for Promotion Increases.
A. Any employee receiving a promotion shall receive ;a salary increase equivalent to one
(1) step, or shall be placed on the first step of the salary schedule for the class to which he is
promoted, whichever is greater.
B. Any employee receiving a promotion who would otherwise have been eligible to receive
7
H /PSNL/LABOR /DPSAA. MOU, 2016-18_F INA L.docx
a merit increase within sixty (60) days of the effective date of such promotion shall be granted
the merit increase prior to the application of provision A of this Section.
Section 7. Eligibility for Differential Pay.
A. Police Department Personnel.
Employees in the Police Department may receive one (1) of the following salary
additives as shift differential pay if they meet the indicated qualifications:
a. An employee whose regular work shift contains six or more hours between 5:00
p.m. and 5:00 a.m. shall receive a 5.5 % shift differential (ii) an employee whose
regular work shift contains four or more hours between 5:00 p.m. and 5:00 a.m.
shall receive a 2.7% shift_ differential and (iii) an employee whose work shift
begins before 6:00 a.m. or ends after 6:00 p.m. shall receive a 1.1% shift
differential.
2. Employees who work the above scheduled times on either an overtime basis or
regular basis, but are not assigned to such shifts as part of their regular schedule are
not eligible to receive shift differential pay.
3. Employees who are assigned a shift schedule that is not identical for each work day
of their work week shall receive a shift differential amount that is equal to the average
of the indicated percentage amounts for each work day. For example, an employee
who works four (4) shifts in a work week is assigned a shift that qualifies for a 5.5%
shift differential three (3) days and a shift that qualifies for a 2.7 % differential one (1)
day. The average of the percentage amounts is (3 x 5.5 +2.7)/ 4, or 4.8 %.
B. Fire Department.
1. Regional Fire Communications Operators shall receive a differential pay of two and
three - quarters percent (2.75 %) while working any shift.
2. Fire Dispatch Supervisor shall receive the two and three - quarters percent (2.75 %)
differential pay if scheduled to work hours other than 7:30 a.m. to 5:30 p.m.
Section 8. Bonus Pay for Training. At the Chiefs discretion, an employee may be paid
an amount equal to two and three - quarters percent (2.75%) of the appropriate salary schedule
for those working hours utilized for the purposes of training new employees. This Section shall
be used for those employees specifically assigned to a trainee by the Chief.
Section 9. Uniforms _ Allowance. The Fire and Police departments have established
uniform standards and designated classifications that are required to wear uniforms. Each
person in a classification that is designated to wear a uniform shall be issued three (3) complete
sets of uniforms (shirts, skirts, or trousers) and other uniform gear as required by departmental
guidelines. Thereafter, uniforms shall be replaced on an as needed basis as determined by
each of the departments.
Section 10. Acting Pay. An employee who has been designated by the City to serve in an
acting capacity for sixty (60) consecutive work_ days or more shall receive Step A of the pay
8
H/PSNUiASOR /DPSaa.nnou.2016 -18 FINAL aocx
range for the classification in which the employee is performing active duties or 5.5 %, whichever
is greater. Service in an acting capacity shall not be used as a basis for, or in support of, a
request for reclassification.
Section 11. Out -Of -Class Pay. The City may temporarily assign employees to work out of
classification. The selection of the employee for an out -of- classification assignment shall be at
the discretion of the department head or designee. A temporary out -of -rank pay differential of
5.5% shall be authorized when an employee has actually worked in a position of higher rank for
a combined total of eighty (80) hours during a calendar year. Paid holidays shall be considered
as days actually worked. Other forms of authorized leave such as sick leave, emergency leave,
vacation and all other non- holiday leave shall not be considered as days actually worked.
Section 12. Bilingual Pay. An employee who is designated to speak or translate Spanish
or other languages authorized by the City Manager as part of their regular job duties will be
eligible to receive additional compensation on a bi- weekly basis. The Fire Chief and the Police
Chief have the authority and discretion to assign and /or remove the special pay up to budget
authority. To qualify for bilingual pay, the designated employee must pass a conversational
examination administered by a certified interpreter or an employee who has been certified by
the Human Resources Director to administer such examination. An employee must recertify at
least every eighteen (18) months to maintain qualification. Effective the first pay period
following Council adoption of the MOU, qualified and approved employees will be compensated
at the rate of seventy dollars ($70.00) per bi- weekly pay period.
Section 13. Court Time.
A. Court time is time required to be spent by all Association employees in response to a
subpoena, a coroner's inquest, a hearing or trial on a civil action on behalf of the City, or
criminal case at a time other than that regularly required of such employee for his
employment, for the purpose of testifying as to knowledge acquired in the course of
his /her employment with the City. This definition shall apply to subpoenas issued for
taking of depositions.
Employees, who are off duty on sick leave benefits, as described in Article IX, Section 4,
of this Agreement, or Workers' Compensation as described in Article IX, Section 7, or
when testifying at any grievance, City Council or other hearing on behalf of
himself /herself, another employee or the Association, shall not accrue additional time or
compensation as court time.
B. Compensation for Court Time. Employees shall be compensated for court time as
follows:
1'. Criminal Witness: An employee will be paid at their regular hourly rate of pay or with
the approval of the Chief of Police, may, in lieu of pay, accumulate any portion of
court time and take an equivalent leave of compensatory time off. The accumulation
of court time to be used as compensatory time off shall be limited to the number of
hours earned for which such employee would have otherwise received compensation
at their regular hourly rate of pay.
9
HtPSNULABOROPSAA.MOU,2016 -18, FINAL docz
2. Civil Witness (in the line of duty): An employee shall receive their regular hourly rate
of pay for hours worked (and expenses, if any) for time at court, including travel to
and from court, while testifying in any civil case on behalf of the City.
3. Standby Compensation: Minimum standby time for court assignments shall be
compensated as follows:
a. Two (2) hours pay for the morning standby.
b. Two (2) hours pay for the afternoon standby,
c. if the employee is called into court, he /she shall be paid` the above minimum or
actual number of hours in court, whichever is greater.
d. Standby pay shall be paid at the rate of one and one -half (1.5) the employee's
regular hourly rate of pay.
Section 14. Standby Compensation.
A. Police Dispatch Center. The City wishes to establish a viable call back list. All Public
Safety Dispatchers shall have their names on the list. In addition, any employee who has
completed Public Safety Dispatcher training and has been approved by the Police Chief to
participate, may sign up for, and be placed on the call back list. Each weekends when staff
vacancies so dictate, the employee who is on the top of the list shall be designated as standby
for the weekend and will be subject to mandatory call back for work during the weekend. The
weekend standby period shall be defined as Friday 1700 hours to Monday 0500 hours. The
person designated shall receive fifteen (15) hours of compensatory time for the
weekend. Once the person has been designated for a weekend, their name is rotated to the
bottom of the list. Individuals may swap locations on the list as long as the request is made in
writing to their supervisor and the swap has been approved prior to the start of the weekend.
B. forensic Specialist Standby. An employee in the classification of Forensic Specialist
shall receive fifteen (15) hours of straight compensatory hours for assigned weekend standby
duty. The weekend standby period shall be defined as Friday 1700 hours to Monday 0500
hours. Such standby assignment shall be limited to one Forensic Specialist per weekend
period. A Forensic Specialist shall receive five (5) hours of compensatory time for assigned
standby on a City recognized holiday that is not within the weekend standby period.
C. All Employees. An employee in a classification other than Police Dispatcher, Police
Dispatch Supervisor, or Forensic Specialist who is designated by management to be on standby
on the weekends and /or holidays shall be compensated for standby time at ten (10) hours
straight compensatory hours and five (5) hours straight compensatory time for a City recognized
holiday. The weekend period for the purpose of this Section is 2400 Friday to Sunday 2400
hours. Any Association member designated by management to be on standby shall be required
to be available to answer a call from the department in a timely manner.
Section 15. Matron Duty Pay. Police Records Specialists I & II are required as a part of
their regular duties to search female prisoners. Effective October 25, 2005, those employees
required to search female prisoners shall receive matron duty pay of two per cent (2 %). Should
these duties be removed from the classification and /or should an individual employee be
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HIPSNULABOR(DPSAA.M0Uz2016 -18 FINAL docz
declared unable to perform these duties because of physician ordered permanent work
restrictions, the matron duty pay shall be removed for the classification and /or the individual
The removal of pay shall not occur when a physician declares the work restrictions temporary.
ARTICLE IV
r�
Section 1. The regular workweek for all employees, except for Regional Fire
Communications Operators, covered by this Agreement shall be forty (40) hours per week.
Section 2. Regional Fire Communications Operators. In accordance with Federal law,
the Fair Labor Standards Act (FLSA) regulations were implemented on April 15, 1986. It was
agreed that:
A. 1n compliance with the FLSA regulations, Regional Fire Communications Operators will
be paid for all hours actually worked during the designated seven (7) day workweek.
B. All hours worked in excess of forty (40) hours in a work week will be paid at the overtime
rate of one and one -half (1.5) the employee's regular hourly rate of pay.
C. To avoid the prospect of having to reduce the number of hours reported for retirement
purposes, the City will continue to report forty (40) hours per week to PERS regardless of
whether the employee actually accrued forty (40) hours during the week. However, for the
purpose of calculating overtime compensation, sick leave hours used will not be included as
part of the forty (40) hour work week. Other forms of paid leave time (i.e., vacation and
compensatory time) will be included as part of the forty (40) hour work week for purposes of
calculating overtime compensation. This agreement has been reached for the purpose of
maintaining both the existing shift schedule as well as maintaining the number of hours reported
to the retirement system.
Section 3. For all Police Department employees covered by this Agreement, the normal
workweek shall consist of four (4) ten (10) hour days. If, in the opinion of the Chief of Police,
restructuring of the normal work day or work week becomes necessary for the purpose of
promoting efficiency, nothing herein shall be construed as preventing the Chief of Police from
restructuring the normal work day or work week for individual employees.
If in the opinion of the Chief of Police, it should become necessary to establish schedules
departing from the regular work day or work week, the Chief of Police shall give notice in writing
of such change as far in advance as reasonably practical. If the change is other than on an
individual basis, the City shall meet and confer with the Association regarding the impact of the
decision prior to implementing a general change. If an individual employee does not receive a
written notice two (2) weeks before the change, the employee shall not lose shift differential pay
for the first two (2) weeks of the schedule change.
Section 4. As soon as practicable after the adoption of this MOU, employees in the
classification of Code Enforcement Officer shall change from a 4/10 Work Schedule to a 9/80
Work Schedule as follows:
11
HIPS NL/LABOR /DPSAA MOU2016 -18 FINAL docz
A. The regular work week shall be forty (40) hours per week within a designated seven (7)
day work period.
B. The 9/80 Work Schedule provides eighty (80) hours of scheduled work in a two (2) week
pay period. Depending on the week that the alternating day off falls, in one (1) week the
employee works four (4) nine (9) hour days and one (1) eight (8) hour day. In the other week,
the employee works four (4) nine (9) hour days with one (1) alternating day off. In this work
schedule, the eight (8) hour work day and the day off is the same day of the week, which
normally is Friday or Monday. The work week for Federal Labor Standards Act (FLSA) overtime
purposes shall be established as starting four (4) hours into the shift of the eight (8) hour work
day.
Section 5. Part -time employees are those hired for less than the standard forty (40) hour
week and paid on an hourly basis.
TTIMMOTM
OVERTIME (COMPENSATORY TIME OFF)
Section 1. Compensation for Overtime. All approved overtime, worked by an employee,
shall be paid at the rate of one and one -half (1.5) the regular hourly rate of pay for such
employee. Overtime shall be paid on all hours worked in excess of a normal shift, or in excess
of forty (40) hours in an employee's designated work week. (For Regional Fire Communications
Operators refer to Article IV, Section 2(C))
Section 2. No Pyramiding. There shall be no pyramiding of overtime, which means that
employees shall not be compensated more than once for the same hours under any provision of
this Agreement.
Section 3. Discouragement of Overtime. It is the policy of the City that overtime work is
to be discouraged. However, in cases of emergency or whenever public interests or necessity
requires, any department or division head may require any employee in such department or
division to perform overtime work. The projects and types of work for which overtime may be
authorized shall be approved in advance by the City Manager, except in the event of
emergency, overtime is authorized by the department head or his designee.
Section 4. Emergency Service Condition. In accordance with Article XXIII, in the event
of a severe emergency or national or state disaster, the City shall not be required to pay
overtime. Regardless of any of the provisions of this Agreement, employees shall not be entitled
to receive overtime during the first seven (7) calendar days of the severe emergency or disaster.
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Section 5. When Absent from Duty. In the event an employee is absent from duty,
whether for vacation, compensatory time, sick leave or other disability, for a period exceeding
five (5) work days, overtime during that work cycle will not be paid. If the employee is ordered
to work during their vacation, the employee will be paid overtime for those hours worked.
Section 6. Overtime. Overtime may be compensated in time off or money. Employees
who are assigned to work overtime shall have the right to monetary compensation, unless the
form of compensatory time off has been discussed in advance. Management may inform
employees, prior to the performance of the work, that only "compensatory time" is available. In
this instance, employees shall have the right to refuse the overtime assignment.
Section 7. Compensatory Time Off. Where elected, compensatory time off is provided at
a rate of one and one- half (1,5) hours for each hour of overtime hour worked. Unused
compensatory time off shall be paid out upon separation from employment at the higher of (a)
the employee's average rate of pay for the final three years of employment, or (b) at the
employee's final regular rate of pay.
Section 8. Cash in Compensatory Time Off. Employees covered by this Agreement may
cash in accrued compensatory time earned as overtime unless they have been informed as
forth in Section 6 above. Employees may not cash in compensatory time earned from a holiday
when the holiday falls on employee's regular day off.
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Section 9. Employees covered by this Agreement who are "called in" to perform work on an
unscheduled basis at times other than those normally required for the employee's regular work
schedule shall receive and be paid for a minimum of two and six - tenths (2.6) hours at the
overtime rate of one and one half (1.5) the employee's regular hourly rate of pay. Employees
shall be entitled to call -in pay in the event the employee is required to report back to work after
completing the employee's regular work shift and left City premises and/or the employee's work
location. In accordance with FLSA, actual hours worked, including travel from home to the call
back location shall be counted toward the computation of overtime pay.
Section 2. If an employee is called in two and six - tenths (2.6) hours or less before the start
of the regular work shift, such employee shall not be given the two and six- tenths (2.6) hour
guarantee. Any hours worked in excess of the regular work shift on that day shall be paid at the
rate of one and one -half (1.5) the employee's regular hourly rate of pay.
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Section 1. Employees will receive one hundred and forty (140) hours of holiday leave in
January of each year. These leave hours are for the following City recognized holidays:
1,< New Year's Day
2, Martin Luther King's Birthday
3.- Washington's Birthday (President's Day)
4. Memorial Day
5, Independence Day
6, Labor Day
7., Veteran's Day
8, Thanksgiving Day
9, Day after Thanksgiving
10, Day before Christmas
11. Christmas Day
Section 2.- Employees may use holiday time as time off from work at any time during the
calendar year, subject to their department's approval. An employee who does not work on a
holiday that is a regularly scheduled workday must use holiday pay for the time off. In the
event that an employee has no holiday time balance and the department allows the employee
time off work for a holiday, then the employee must use either vacation or compensatory time
for the time off.
Section 3. If the holiday falls on an employee's regular work day, and the employee works
on that day, then the employee may request twelve and one -half (12.5) hours of pay during and
subsequent to the pay period in which a City holiday falls. If the holiday falls on an employee's
non -work day, then the employee may request twelve and one -half (12.5) hours of pay during
and subsequent to the pay period in which a City holiday falls.
Section 4. Employees who terminate from the City and who have not fully used their
holiday hours will be paid for the unused holidays that have occurred prior to their termination at
a rate of twelve and one -half (12.5) hours per holiday at the rate of pay in effect at the time of
termination, plus two and one -half (2.5) hours.
Section 5. Employees hired during the year will receive holiday hours for the holidays that
will occur between their hire date and December 31 at a rate of twelve and one -half (12.5) hours
per holiday.
Section 6. Any holiday hours that remain on an employee's record at the end of the
calendar year will automatically be paid out in a regular payroll cycle in January.
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Section 1. Accruals. Employees covered by this Agreement shall accrue vacation leave
with pay on the following scheduled basis:
Year of Service Hours er Year Montt!y Accrual
0- 3 80 6.7
4- 5 96 8.0
6-10 120 10.0
11 - 15 136 11.3
16-20 160 13.4
Section 2. Accrual Limits. Vacation shall be taken at the convenience of the City with ` the
approval of the department head. Where possible, such vacation should betaken annually and
not accumulated from year to year. All eligible_ employees, however, shall be allowed to
accumulate two (2) years allowance of vacation. If the employee is prohibited by the supervisor
from taking the employee's vacation because of manpower shortages or operational needs, the
employee shall be paid all vacation in excess if two (2) years at the employee's regular rate of
pay at the time of the pay -off.
Section 3. An employee who separates from City service under this Article, either by
retirement, permanent layoff, or termination, shall be entitled to be paid for unused earned
vacation at the regular rate of pay in effect at the time of separation.
Section 4. Fire Department Only. Covered employees will schedule vacations of the
beginning of each year. Scheduling shall be in four (4) shift increments. If, after such
scheduling, less than four (4) shifts remain unscheduled, they may be scheduled in one (1) shift
increments or scheduled with holiday time off. Employees may use vacation time in one (1)
shift increments at times other than originally scheduled provided that a qualified substitute can
be found to replace the employee for that shift.
ARTICLE IX
Section 1. Leave of Absence. The City Manager may grant a permanent employee a
leave of absence for a specific purpose, without pay, for a period not to exceed up to one (1)
year. The City Council may grant a permanent employee a leave of absence for a specific
purpose, with pay, not to exceed one (1) year. No such leave shall be granted except upon
written request of the employee. Approval shall be in writing and a copy filed with the Human
Resources Office of the City. Upon expiration of a regularly approved leave, the employee shall
be reinstated in the position held at the time leave was granted. The employee shall report
promptly upon the expiration of any leave granted. Failure to report within a twenty -four (24)
hour period after expiration of leave shall be considered a voluntary resignation. No
employment or fringe benefits such as, but not limited to, sick leave, vacation, health insurance,
retirement or any other benefit shall accrue to any employee during leave of absence without
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pay. An employee on approved leave may elect to pay the premiums due in order to maintain
health insurance benefits during the term of such leave.
Section 2. Written Notice of Intent to Return. An employee on leave of absence must
give the City at least seven (7) days written notice of the employee's intent to return to work.
Section 3. Outside Employment While On Leave. An employee who engages in outside
employment during said leave of absence shall be subject to termination. Any employee who
falsifies a reason for the request for said leave of absence or any extension of such leave of
absence may be terminated for falsifying such request.
Section 1. Sick Leave Accruals.
A. Sick leave shall be defined as absence from duty because of illness or off the job injury,
or exposure to contagious diseases as evidenced by certification from an accepted medical
authority.
B. Sick leave shall be accrued at the rate of 3.692hours per bi- weekly "pay period (ninety -six
[96] 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 his discretion, but rather shall be
allowed only for the purposes specified below.
Section 2. Use of Protected Sick Leave.
A. Effective the start of the pay period which includes July 1 2015, the first three (3) shifts
or hours equivalent (e.g. thirty [30] hours for an employee on a 4/10 work schedule, twenty-
seven [27] hours for an employee on a 5/8 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. This 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.
B. Effective January 1, 2016, employees can use up to an additional forty -five (45) hours of
sick leave per year provided by the California Kin Care law.
C. An employee can use sick hours as protected sick leave for any of the following reasons:
The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an
employee or the employee's family member.
D. For purposes of this Section, a family member includes employee's parent, child,
spouse, registered domestic partner, parent -in -law, grandparent, grandchild, and sibling. Only
the first three (3) shifts or hours equivalent plus forty -five (45) hours of sick leave in a twelve
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(12) month period can be used as described above
E. Employees can use protected sick leave for related purposes if they are victims of
domestic violence, sexual assault or stalking.
F. In order to receive compensation while absent on protected sick leave, the employee
shall notify a designated supervisor prior to or within two (2) hours of the time set for beginning
duty, unless notification is physically impractical then such notification shall be waived until a
reasonable period has elapsed. For any such absence in which protected sick is utilized, the
employee shall submit a written statement with the department head confirming the use of
protected sick leave. A physician's statement verifying the absence from work is not required.
G. When an employee is not utilizing protected sick leave, the department head or his
designee may require a physician's certificate stating the cause for any subsequent absence
before said leave shall be approved. Such absence may be more than one (1) work day or if
there is reasonable cause to indicate abuse of sick leave.
Section 3. Accrued Sick Leave Benefit. The right of an employee to accrued sick leave
shall continue only during the period that the employee is on paid status. Accrued sick leave
benefits shall not give any employee the right to be retained in the service of the City, or any
right of claim to sickness disability benefits after separation from the services of the City, except
as required by federal or state law.
A. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason of
injuries or disability received as a result of engaging in employment, other than employment by
the City, for monetary gain or other compensation; or by reason of engaging in business or
activity for monetary gain or other compensation other than business or activity connected with
City employment.
Section 4. Fitness for Duty. Upon the written request of the appointing authority, based
upon job- related grounds and consistent with business necessity, the department head or his
designee may require an employee to submit to an examination by the City's physician to
determine fitness for duty. If the results of the examination indicate the employee is unable to
perform his duties; or in the performance of his duties, exposes others to infection, the
employee shall be placed on sick leave without privilege of reinstatement until adequate medical
evidence is submitted that the employee is competent to perform his duties or will not subject
others to infection. Any employee so examined shall have the right to submit the reports of a
competent medical authority of his own selection and at his own expense, in addition to the
report submitted by the City's physician. In the event of a conflict of opinion and /or
recommendation of the two (2) physicians, a third physician shall be selected by the first two (2)
physicians and the final decision shall be made by the City Manager or his designee based
upon the medical evidence submitted to him.
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ARTICLE XI
Section 1. Sick Leave Conversion at Retirement or Death.
A. An employee who is separating employment from the City by way of CaIPERS
retirement shall be eligible to deposit the value of unused accumulated sick leave hours at the
regular rate of pay earned at the time of retirement up to the maximum of one thousand nine
hundred (1,900) hours to the City's Retirement Health Savings (RHS) Plan to cover
reimbursable medical expenses in accordance with IRS regulations.
1. Effective October 1, 2012, the City's RHS plan was restated to add the value of a
City deposit toward a retiree's RHS account based on eligibility criteria cited in Article
XII (Note: Check reference), Section 9 of this Agreement.
B. In the event of a- permanent or indefinite layoff, an employee with ten (10) years of
continuous service with the City shall be entitled to the above benefit. If such employee resigns
after receiving official notification of his impending layoff, he shall be eligible for the above
benefit. This provision shall be retroactive to January 1, 1982.
C. Accrued sick leave shall be valued for the purposes of Section A above, on the following
basis:
1. Sick leave taken shall be deducted from the oldest, lowest value accrued sick leave
first, provided, however, when an employee takes sick leave, the employee shall
receive for each day of sick leave one (1) day's pay at the employee's rate of pay in
effect at the time of taking sick leave. For covered employees with twenty (20) years
of City service; or retirees with a physical disability, or a psychological disability
resulting from a direct consequence of a violent act, sick leave shall be converted at
the prevailing rate.
Section 2. Sick Leave Conversion to Vacation. Employees who become entitled to
accrued sick leave allowance that has not been used may convert each two (2) hours of
accumulated sick leave to one (1) additional hour of vacation; after having - accumulated -six
hundred and forty (640) hours of sick leave and providing that not more than forty (40) hours of
additional vacation days may be so converted in any one (1) fiscal year.
Section 3. Bereavement Leave.
A. An employee who has suffered a death of an immediate family member may be allowed
bereavement leave with pay of no more than six (6) work days per incident based on eligibility.
An employee shall be eligible for one half (1/2) work day of Bereavement Leave for each month
of regular employment up to six (6) days which is deducted from the employee's accumulated
sick leave. For purposes of this Section, "immediate family" shall include and be limited to the
employee's mother, father, brother, sister, spouse, child, grandchildren, grandparents and
current parent -in -laws.
B. All such claims for Bereavement Leave are subject to verification by the department
head or his designee.
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Section 4. Personal Leave. With approval of the department head, an employee may use
two (2) days per year of earned sick leave on personal matters that are of an unforeseen
combination of circumstances that call for immediate action or to add additional hours per
Holiday as covered in Article VII, Section 2. Such matters shall be considered as those events
or occurrences that a reasonable prudent person would not or could not postpone to a
subsequent time. The nature of the matter shall be explained to the immediate supervisor and
shall be granted with his approval. Such personal leave shall not be cumulative from year to
year.
Section5. Workers' Compensation Injury On Duty.
A. When an employee is absent from work by reason of an injury or illness covered by
Workers' Compensation, the City will pay the difference between the amount granted pursuant
to the Workers' Compensation Act and the employee's regular hourly rate of pay for up to one
(1) year. Employees who are covered by this Agreement and are hired after May 13, 1997; and
are absent from work by reason of an injury or illness covered by Workers' Compensation, the
City will pay the difference between the amount granted pursuant to the Workers' Compensation
Act and eighty -five percent (85 %) of the employee's regular hourly rate of pay for up to six (6)
months. Thereafter, the employee will be paid the amount required by the Workers'
Compensation Act.
B. Reclassification of Injured Worker. If, in the opinion of the City, an employee has been
found to be permanently physically incapable of performing the duties of the currently held
position, the City may place the employee into another vacant position of equal level or lower
within the Association; provided such placement is approved by the appointing authority.
Nothing herein shall be construed to prevent such employee from applying for and competing
for positions of a higher class or positions represented by other bargaining units.
A. An employee that has at least one (1) year of continuous service with the City and who
has exhausted all accrued leave( vacation, sick leave, compensatory time) due to non- industrial
illness or injury can be advanced sick leave time at seventy -five percent (75 %) of the
employee's regular rate of pay 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 department head, accompanied by full medical justification from a physician chosen
by the City at the direction of the City. Failure to submit to such an examination shall be a basis
for terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing.
C. After the employee returns to work, the employee shall reimburse the City for the value
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of the advanced sick leave time by having the employee's sick leave accrual for sick leave
reduced by four (4) hours per month or may contribute vacation leave to accelerate the
employee's reimbursement to the City for providing the benefits under this Article.
D. When the "maximum time allowance" has been reimbursed as set forth above, the
employee shall be eligible to apply for additional disability leave; provided that no employee
shall receive more than the "total" set forth above for his length of service, during his entire
employment with the City.
E. Grounds for termination of disability leave by the City Manager shall include, but not be
limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The leave is being used as a pre- retirement leave for purpose of postponing
retirement or pension.
3. The disability leave was procured by fraud, misrepresentation or mistake.
4. The employee has not cooperated fully in supplying all information and submitting to
any examination requested by the City to determine the existence or continuing
nature of the employee's disability.
F. In the event an employee becomes ineligible to accrue sick leave or is scheduled to end
employment with the City and has not completed the reimbursement schedule for this benefit,
the balance due shall be handled by payroll deduction or accounts receivable as applicable.
Section 7. Military Leave. Military leave shall be granted in accordance with the
provisions of state and /or federal law. All employees entitled to military leave shall give the
department head an opportunity, within the limits of military regulations, to determine when such
leave shall betaken.
Section 8. Jury Duty.
A. In event that an employee is called for jury duty the court does not excuse such
jury service the City shall grant the employee paid release time for the required jury duty that is
performed within the employee's regular work schedule provided the employee submits court
documentation verifying the date(s) and time served for jury service. Such verification must
accompany the payroll timesheet for the payroll period in which the jury service was performed.
Any fees for jury service that the employee may receive from the court shall be remitted to the
City.
Section 9. Pregnancy Disability Leave. The City shall comply with the State pregnancy
disability leave law. Administrative Regulation No. 418 is incorporated by reference herein.
Section 10. Family Leave. The City shall comply with all State and Federal family leave
entitlement Jaws. Administrative Regulation N0. 430 is incorporated by reference herein.
Section 11. " Child - Related Activities" Leave.
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A. Effective January 1, 2016, an employee is eligible for up to up to forty (40) hours per
year (up to eight [8] hours per month) of authorized time off from scheduled work for "child -
related activities" if the employee is a parent with one or more children attending kindergarten,
grades 1 to 12, or is at a licensed child care provider. "Child- Related Activities" includes finding,
enrolling, or reenrolling a child in school or with a licensed child care provider. Such leave also
includes leave to address a child care provider or school emergency, including a request that
the child be picked up from school /child care, behavioral /discipline problems, closure or
unexpected unavailability of the school (excluding planned holidays), or a natural disaster.
Under this Section, "Parent" is defined to include a parent, guardian, stepparent, foster parent,
or grandparent of, or a person who stands in loco parentis to, a child.
B. Except in the case of the need to address a child care provider or school emergency, the
use of such leave can be limited to eight (8) hours per month. An employee can be required to
use any earned compensatory time or vacation hours for any such absences related to child-
related activities.
Section 12. Consultation of Human Resources. To ensure the appropriate application of
all compatible statutorily provided protected leave, it is advised that the employee, department
head, or immediate supervisor consult with the Human Resources Director or designee in
advance on the use of protected leave.
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist in the future during the term
of this Agreement.
Section 2. Selection and Funding. In administration of the fringe benefit programs,
the City shall have the right to select any insurance carrier or other method of providing
coverage to fund the benefits included under the terms of this Agreement, provided that the
benefits of the employees shall be no less than those in existence as of the implementation of
this Agreement.
Section 3. Changes. If, during the term of this Agreement, any change of insurance carrier
or method of funding for any benefit provided hereunder occurs, the City shall notify the
Association prior to any change of insurance carrier or health plan administrator or method of
funding the coverage.
ARTICLE XIII
Section 1. Medical Insurance.
A. CalPERS Public Employees' Medical and Hospital Care Act (PEMHCA). Effective
October 1, 2012, the City contracted with the California Public Employees' Retirement System
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(CaIPERS) to implement the CaIPERS medical benefits program governed by the Public
Employees' Medical and Hospital Care Act (PEMHCA). In its implementation, the City and the
Association agreed that the mandated employer contributions for retirees would be structured in
a manner to maintain cost savings. Employees and retirees have the option of choosing medical
insurance coverage from any of the medical plans offered by CaIPERS.
B. City Contribution Amount. For the term of this Agreement, the City's contribution amount
is up to the monthly premium amount of the employee's eligible coverage level for the second
highest PPO plan offered by CaIPERS at the basic premium rates designated for the Los
Angeles Area. If an employee enrolls in a plan with higher premiums, he will be responsible for
the payment to the City on the premium amount in excess of the City's contribution.
1. PEMHCA Employer Mandated Contributions. The City shall contribute on behalf of
each employee the mandated minimum sum as required per month toward the
payment of premiums for medical insurance under the PEMHCA program. As the
mandated minimum is increased, the City shall make the appropriate adjustments.
The City is mandated under- PEHMCA to make a contribution to retiree medical
premiums. As allowed by the Government Code and the CaIPERS Board, the City
used the Unequal Contribution Method to make City contributions on behalf of each
retiree or annuitant. The 2012 starting year unequal contribution for each retiree
began at $1.00 per month. The City's mandated contribution for each annuitant shall
be increased annually in compliance with Government Code section 22892(c), until
the contribution for annuitants equals the contribution paid for employees. A retiree's
right to receive a City contribution, and the City's obligation to make a mandatory
contribution on behalf of retirees, shall only exist as long as the City contracts with
CaIPERS PEMHCA for medical insurance. In addition, while the City contracts with
CaIPERS PEMHCA, its obligation to make mandatory contributions on behalf of
retirees, shall be limited to the minimum contribution required by law.
C. IRS Section 125 Benefit (Cafeteria) Plan. The City shall continue to provide payment of
benefit premiums for employees covered by this Agreement under an IRS Section 125 Benefit
Plan. The current core benefits include medical, dental, life, long -term disability insurance, and
EAP coverage. Medical insurance is a benefit which a City employee is required to be enrolled
in unless he is covered by another medical insurance plan with comparable coverage and /or
meets minimum essential coverage as specified by the Affordable Care Act.
1. For the term of this Agreement, the City's maximum contribution shall be the sum of
the monthly premiums as designated for each of the following categories:
Employee only ( "EE ")
Employee +1 Dependent ( "EE +1 ")
Employee +2 or more Dependents ( "EE +2+")
The maximum City contribution shall be based on the employee's enrollment in each
plan. The employer mandated PEMHCA contribution is included in the sum of the
CaIPERS medical premium. If an employee enrolls in a CaIPERS medical plan
wherein the costs exceed the City's maximum contribution, the employee is
responsible for all additional premiums through pre -tax payroll deductions. An
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employee is not entitled to any excess amount of premiums paid by the City on his
behalf.
2. In the event that CalPERS medical insurance premiums increase above eight
percent (8 %) on average for the 2018 calendar year, the City and the Association
agree to meet and confer on an employee contribution towards medical insurance
premiums.
3. The City continues to provide other benefits coverage under an Employee Voluntary
Benefits Program fully funded by the employee on a pre -tax basis in accordance with
IRS regulations.
D. Employee Waiver of Medical Coverage. The City agrees to permit an employee to
waive City sponsored medical coverage as follows:
1 The employee must present written proof to the Human Resources Office that he
and his qualified dependent(s) are covered by another non -City sponsored medical
plan for the current plan year.;
2. The employee must sign a statement acknowledging a waiver of City offered medical
insurance coverage and agreement to hold the City harmless for any consequences,
whatsoever, that result from the employee's waiver of City offered medical insurance
coverage for employee and /or qualified dependent(s); and
3. The employee must sign a statement acknowledging his understanding that his
eligible dependent(s) are not eligible to re- enroll in City sponsored medical coverage
until the next announced Open Enrollment period or as otherwise required by law
under COBRA provisions.
Upon adoption of this Memorandum of Understanding and effective the next regular pay
cycle that the City is scheduled to pay medical opt out, the City agrees that the employee who
qualifies to waive coverage shall receive three hundred dollars ($300.00) per month if waiver
eligibility is for "Employee only" coverage, four hundred fifty dollars ($450.00) per month if
waiver eligibility is for "Employee +1" dependent coverage, or six hundred fifty dollars ($650.00)
per month if waiver eligibility is for "Employee +2 or more" dependent coverage. The eligible
amount will be added to the employee's paycheck or will be placed in the employee's deferred
compensation plan. A medical opt out election may only be made by an employee during their
time of hire or during_ an _announced open enrollment period for medical insurance changes
effective January 1.
Section 2. Dental Insurance.
A. HMO Dental Coverage. The City shall contribute up to thirty one dollars and ninety -five
cents ($31.95) per month towards a HMO dental benefit plan for employee and his /her qualified
dependent(s). Any amount necessary to fund existing benefits in excess of the City's
contribution shall be borne by the employee.
B. Delta Dental Premier Plan Coverage. Effective January 1 2006 (start of new benefit
year), the City agrees to increase the maximum benefit payable from one- thousand dollars
($1,000.00) to two- thousand dollars ($2,000.00) for each enrollee in each calendar year.
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Further, it is agreed that the City contribution will increase to cover this benefit while the
employee contribution will remain thirty -seven dollars and fifty - two cents ($37.52) until the July
1, 2008 renewal. For the rate that will be effective July 1, 2008 and each year thereafter, the
City shall calculate the City and employee contribution as follows:
Based on a calendar year renewal period, the City shall calculate the overall premium rate
based on claims experience, Delta administrative fees, and an industry trending projection. The
difference between the City contribution in effect at the time of the rate calculation and thirty -one
dollars and ninety -five cents ($31.95) will be multiplied by the percent of the overall premium
rate increase from the year before. That number will then be added to the City contribution to
become the new City contribution. The employee contribution will be determined by subtracting
the new premium rate by the new City contribution. That amount will be included in the memo
that is sent to all employees towards the end of the calendar year during the annual Open
Enrollment period. An example of the calculation is shown below:
Current City $31.95
Current Employee $37.52
Total $69.47
As of July 1, 2006
Increase for new cap $10.00
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Current
rate
Increase
New Amts
New City
$ 31.95
$ 10.00
$
41.95
New Employee
$ 37.52
$
37.52
Total
$
79.47
As of July 1, 2007
Increase in costs
$ 10.00
New City
$ 41.95
$ 10.00
$
51.95
New Employee
$ 37.52
$
37.52
Total
$ 79.47
$
89.47
As of July 1, 2008
New Amts
% increase
5%
$
93.94
Cap cost
Increase
New city
$ 51.95
$ 20.00
$ 1.00 $
52.95
New Employee
$ 37.52
$
40.99
Total
$
93.94
As of July 1, 2009
% increase
5 %
$
98.64
New City
$ 52,95
$ 21.00
$ 1.05 $
54.00
New Employee
$ 40.99
$
44.64
Total
$
98.64
24
H /PSNL /LABOR /DPSAA MOU;2016 -1B FINAL.docx
C. For the remainder of the calendar year 2016, the City agrees to maintain the $one
hundred nine dollars and twelve cents ($109.12) monthly premium composite rate for the two
tier ( "Employee_ only" and "Employee plus two or more dependents ") coverage structure;
thereafter, the premium calculation process specified in Section 2(B) above shall apply. The
City agrees to evaluate other Delta Dental plan options for implementation to reduce premiums
or employee out of pocket costs that includes consideration on changing to a three -tier rate
structure ( "Employee only," "Employee plus one dependent" and, "Employee plus two or more
dependents ") for the Delta Dental Premier Plan.
Section 3. Life & Accidental Death and Dismemberment (AD &D) Insurance. As soon
as practicable but by no later than July 1, 2016, the City will implement an increase to the
current basic life insurance and accidental death and dismemberment coverage. Each
employee shall be covered with a fifty thousand dollar ($50,000.00) group life insurance policy
benefit without evidence of insurability other than evidence of full -time employment with the City.
Under the terms of the policy, benefit provisions are payable and determined by the insurance
carrier.
Section 4. Long Term Disability Insurance. Effective July 1, 1997, each employee
covered by this Agreement shall be enrolled in a Long -Term Disability Insurance program.
Under the terms of this policy, benefit provisions are payable and determined by the insurance
carrier.
Section 5. Employee Assistance Program (EAP). The City provides each employee an
EAP benefit that provides emotional /well- being, work and life counseling services on a toll free
24 hour /7 days per week assistance.
A. The City agrees to structure a Peer Support Program for the Fire Dispatch Center that
meets the needs of the Department and as approved by the Fire Chief. Such program will be
structured through the City's EAP program resource(s) with some reference to the current
program currently being offered by the Police Department. As soon as practicable, the City
agrees to work towards implementation of the Peer Support Program for the Fire Dispatch
Center by January 1, 2015 or within four (4) months of City Council adoption of this Agreement
whichever is later.
n:sMEM
RETIREMENT
Section 1. CaIPERS Retirement Plan. Employees covered by this Agreement participate
in the California Public Employees Retirement System (CalPERS). Employee options are
described in a contract between the City of Downey and the California Public Employees'
Retirement System and are incorporated into this Memorandum of Understanding.
Section 2. First Retirement Formula.- Effective August 19, 2002, the City amended
the CalPERS contract to provide the benefit known as 2.7% at 55 retirement formula, as set
forth in California Government Code Section 21354.5.
A. In accordance with existing practice and Government Code sections 20636(c)(4) and
20691, the City will pay the employee's statutorily required member contribution of eight
25
H /PSNLILABOROPSAA MOU:2016 -18 FINAL.docx
percent (8 %) and report this Employer Paid Member Contribution ( "EPMC ") to CalPERS as
special compensation.
B. Effective the pay period that includes July 1, 2012, employees shall begin to have
deducted, on a pre -tax basis, two percent (2 %) of CalPERS reportable compensation, pursuant
to California Government Code Section 20516(f).
C. Effective the pay period that includes July 1, 2013, employees shall have deducted an
additional two percent (2%) of CalPERS reportable compensation, for a total of four percent
(4 %), on a pre -tax basis, pursuant to Government Code Section 20516(f).
D. Effective the pay period that includes July 1, 2015, the four percent (4 %) employee cost
sharing referenced in C. above shall be reduced to three percent (3 %) through the pay period
that includes March 31, 2016; thereafter, the four percent (4 %) cost sharing amount shall apply
unless otherwise negotiated sooner in a successor Memorandum of Understanding.
E. Should an employee be mandated by a change in law or other action to contribute any
portion of the required employee (member) contribution to CalPERS, the City shall take all
action necessary to reduce the deduction then being made pursuant to California Government
Code Section 20516(f), above, by the amount of the mandated employee contribution.
F. 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).
G. 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).
Section 3. Second Tier Retirement Formula. Effective January 11, 2012, the City
amended the CalPERS contract to provide the benefit known as 2% at 60 second tier retirement
formula, as set forth in Government Code Section 21353. This Second Tier Retirement Formula
will not apply to "new members" as that term is defined by the Public Employees' Pension
Reform Act of 2013.
A. Employees covered - hereunder shall pay, on a pre -tax basis, the seven percent (7 %)
statutorily required member contribution to CalPERS.
B. This 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 to IRC 414(h)(2).
C. Second tier benefits are available only to "classic" members (i.e. those members that do
not meet the statutorily 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.
Section 4. Third Tier ( "PEPRA" Tier) Retirement Formula. 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:
26
H /PSNL /LABOR /DPSAA MOU 2016 -18 FINAL docx
A. Retirement formula of 2% @ 62 (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 six and one-
fourth percent (6.25 %) for FY 2016 -17).
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
E. Retirement benefits shall be calculated based on the three (3) year highest average
annual pensionable compensation.
Section 5. Survivor /Death - Benefits. Effective July 13, 2009, the City implemented the
PERS contract amendment to include: (a) the Level 4 1959 PERS Survivor's Benefit program
(section 21574) and (b) the Pre - Retirement Optional Settlement 2 Death Benefit (section
21548).
Section S. City Contribution to Retiree Retirement Health Savings (RHS) Plan.
A. Contribution. Based on eligibility at retirement, the City will contribute ninety -eight
dollars ($98.00) per month towards a retiree's RHS account. This contribution is inclusive of the
Public Employees' Medical and Hospital Care Act (PEMHCA) statutory minimum employer
contribution as specified in California Government Code § 22892(c).
As a result of the City contracting for CalPERS medical insurance pursuant to PEMHCA
provisions effective October 1, 2012, the City's previous retiree medical contribution is revised
to be a City contribution towards RHS plan to avoid an increase cost to the City's mandated
contribution for retirees.
B. RHS Plan. An employee who retires from the City of Downey after January 1, 1989,
shall be entitled to participate in the City sponsored medical plan and the City shall contribute up
to a maximum of ninety -eight dollars ($98.00) per month toward the premium for employee only
coverage under the City sponsored medical plans. As a result of the City contracting for
CalPERS medical insurance pursuant to PEMHCA provisions effective October 1, 2012, the
following revisions to this Section shall change as follow:
C. Eligibility Requirements. Subject to meeting eligibility criteria below, the maximum
ninety -eight dollars ($98.00) per month shall be deposited on a quarterly basis to the retiree's
RHS account for the reimbursement of qualified medical expenditures. To be eligible to enroll in
a CalPERS health plan, pursuant to CalPERS rules and regulations, and receive the monthly
City contribution towards RHS Plan specified in A above, the employee must satisfy the
following eligibility criteria:
1 At the time of retirement the employee has a minimum of ten (10) years of service, or
is granted a service- connected disability retirement; and
2. At the time of retirement the employee is employed by the City; and
27
HIPSNULABOROPSAA,MOU.2016 -18 FINALdocx
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.
4. The City's obligation to deposit up to a maximum of ninety -eight dollars ($98.00) per
month 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:
a. During any period the retiree is eligible to receive or receives health insurance
coverage - at the expense of another employer the payment will be suspended.
"Another employer" as used herein means private employer or public employer
or self - employed or the employer of a spouse. As a condition of being eligible to
receive the RHS contribution set forth above, the City shall have the right to
require any retiree to annually certify that the retiree is not receiving any such
paid health insurance benefits from another employer. If it is later discovered
that misrepresentation has occurred, the retiree will be responsible for
reimbursement to the City of those; amounts inappropriately deposited and the
retiree's eligibility to receive future RHS deposits will cease.
b. In the event the Federal government or State government mandates an
employer- funded health plan or program for retirees, or mandates that the City
make contributions toward a health plan (either private or public plan) for retirees,
the City's rate set forth above shall be converted from a RHS deposit and applied
to that plan. If there is any excess, that excess may be applied toward the
retiree's RHS account provided the retiree pays the balance owing for any such
coverage.
c. 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. It is understood and agreed that the amount equivalent to the annual amount contributed
by the City to an eligible retiree's RHS account, shall be included as an item of total
compensation in survey comparisons.
E. An eligible retiree covered by this Section who no longer elects coverage under any City
sponsored medical plan, effective at the end of any calendar quarter may present the City with
proof of payment for alternate health insurance coverage and continue to receive the City's
deposit to the retiree's RHS account on a quarterly basis up to the amount to which the retiree is
entitled in Section 9 above. Once a retiree elects to withdraw from eligibility to participate in ,a
City sponsored health plan for coverage under an alternate insurance plan, the retiree may not
re- enroll in a City sponsored medical plan or otherwise forfeits the City's RHS contribution
amount permanently.
In addition to the condition specified in E above, the City's deposit to retirees RHS account
shall cease upon the occurrence of any of the following:
2s
H /PSNL /LABOR /DPSAA MOU:2016 18_FINAL.docx
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,
.'
TUITION REIMBURSEMENT
Section 1. With prior approval of the City Manager, employees may be reimbursed for
tuition and books for courses taken to improve their value to the City. Tuition shall be
reimbursed for courses as recommended by the department heads with job related justification
and approved by the City Manager, with quarterly report to the City Council including the names
of individuals, their positions, and the courses taken. Employees must receive a passing grade
in order to be reimbursed for the course. Reimbursement shall be made at the rate of tuition
equivalent to the rate charged at California State University at Los Angeles for courses on the
quarter system, and California State University at Long Beach for courses on the semester
system. Reimbursement shall be for required books only.
ARTICLE XVI
Section 1. A new hire or promotional appointment will be tentative and subject to a
probationary period of not less than twelve (12) months for Public Safety Dispatcher, Regional
Fire Communications Operators, Police Assistant and Forensic Specialist; and six (6) months
for represented classifications not listed above, except that the City Manager may extend the
probationary period for a class up to an additional six (6) months or for a marginal employee
who is on probation for up to an additional three (3) months. During the probationary period an
employee may be terminated at any time because of unsatisfactory performance. During the
probationary period the employee's supervisor shall attempt to counsel the probationary
employee on a periodic basis, prior to the end of the probationary period regarding his
performance.
Section 2. If the service of the probationary employee has been satisfactory to the
appointing authority, then the appointing authority shall file with the Human Resources Office a
merit rating including a statement, in writing, to such effect and stating that the retention of such
employee in the service of the City is desired. If the services of the employee are deemed to be
unsatisfactory and his employment is to be terminated at or before the expiration of the
probationary period, the appointing authority shall notify such employee not later than two (2)
weeks prior to the end of the probationary period.
Section 3. All probationary periods shall extend to the first day of the month following the
period of probation.
29
H /PSNULABOROPSAA MOU 2016 -1B FINALdocx
Section 4. Rejection Following Promotion. Any employee rejected during the
probationary period following a promotional appointment or at the conclusion of the probationary
period by reason of failure of the appointing power to file a statement that his services have
been satisfactory, or at the discretion of the employee, shall be reinstated to the position from
which he was promoted unless charges are filed and he is discharged in the manner provided in
the Personnel Ordinance and the rules for positions in the classified service. If there are no
vacancies in the position from which he was promoted, the provisions of Article XV, shall apply.
Section 1. Employee seniority is the length of continuous service of the employee with the
City from his most recent date of hire or rehire.
A. No employee shall acquire any seniority until he has completed his probationary period„
B. When an employee has completed his probationary period, his seniority shall date from
date of hire.
Section 3. Seniority shall apply between employees in a classification within a department
for purposes of layoff and recall if, in the objective determination of the City, the employees'
ability, competency, and skill are substantially equal.
Section 4. Any separation from service, other than an approved leave of absence or layoff,
shall cause the employee to lose his seniority rights.
Section 5. An employee who is laid off shall retain his seniority rights to recall for a period
of one (1) year.
MM
A. With respect to work assignments of covered employees in the Police Department, work
shifts, days off and vacation will be based upon seniority within classifications. Shift selection
procedures involving employee bidding based upon seniority shall be implemented regularly,
provided the Chief of Police shall retain the authority and discretion to assign individual
Communications Operators to shift scheduling without regard to seniority to insure that a
balance of experienced personnel are assigned to the respective shifts or to otherwise meet the
needs of the department.
B. If, in the opinion of the Chief of Police, it should become necessary to establish shift
assignment procedures departing from seniority bidding, the Chief of Police shall give written
notice of such change as far in advance as practical. Prior to implementing such a general
change, the Chief of Police shall meet and confer with the Association regarding the impact of
the decision.
30
H /PSNLILABOR /DPSAA,M0U.2016 -18 -FINAL docx
ARTICLE XVIII
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this Agreement
or by law to manage the City, as such rights existed prior to the execution of this Agreement.
The sole and exclusive rights of Management, as they are not abridged by this Agreement or by
law, shall include, but not be limited to, the following rights:
A. To manage the City generally and to determine the issues of policy;:
B. To determine the existence or non- existence of facts which are the basis of the
Management decision.
C. To determine the necessity and organization of any service or activity conducted by the
City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to be
provided to the public.
E. Methods of financing.
F. Types of equipment or technology to be used.
G. To determine and /or change the facilities, methods, technology, means, and size of the
work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of operations,
processes and materials to be used in carrying out all City functions including, but not limited to,
the right to contract for or subcontract any work or operation of the City.
1. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non - disciplinary reasons.
K. To establish and modify productivity and performance programs and standards
including, but not limited to, quality and quantity standards; and to require compliance therewith.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non- disciplinary reasons ' in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of
the City.
O. To determine policies, procedures and standards for selection, training and promotion of
employees.
31
H /PSNL /LABOR /DPSAA MOU 2016 -18 FINAL docz
P. To maintain order and efficiency in its facilities and operations.
Q. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencies.
Section 2. Except in emergencies as defined in Article XXlll, or where the City is required
to make changes in its operations because of the requirements of law; whenever the exercise
of Management's rights shall impact on employees of the bargaining_ Association, the City
agrees to meet and confer with representatives of the Association regarding the impact of the
exercise of such rights, unless the matter of the exercise of such rights is provided for in this
Agreement or in the personnel or departmental rules and regulations and /or salary resolutions.
By agreeing to meet and confer with the Association as to the impact and the exercise of any of
the foregoing City rights, Management's discretion in the exercise of these rights shall not be
diminished.
The City shall not exercise the foregoing rights in an arbitrary or capricious or invidiously or
discriminatory manner or in such a manner as to imperil the health and /or safety of the
employees.
Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay
of all employees in the classifications and positions recognized to be represented by the
Association, who voluntarily authorize such deduction, in writing, on a mutually agreed upon
form to be provided for this purpose. The City shall remit such funds to the Association within
thirty (30) days following their deduction.
Section 2. Indemnification. The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions or lawsuits arising out of the deductions
or transmittal of such funds to the Association, except the intentional failure of the City to
transmit to the Association monies deducted for the employees pursuant to this Article.
Section 3. Release Time for Meet and Confer. The Association may select a maximum
of three (3) members to attend scheduled meetings with the Human Resources Director or other
management representatives on subjects within the scope of representation during regular work
hours. In addition, they may meet for a maximum of one (1) hour per meet and confer session
for the purpose of preparation of such sessions.
32
HIPS NL/LAB0R /DPSAA MOU 2416 -16 FINAL docx
• i • i f
A. PROHIBITED CONDUCT
Section 1. The Association, its officers, agents, representatives and /or members agree that
during the term of this Agreement they will not cause or condone any strike, walkout, slowdown,
sick -out, or any other job action withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge,
suspension, termination, layoff, failure to recall or failure to return to work of employees of the
City in the exercise of its rights as set forth in any of the provisions of this Agreement or
applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above,
shall be subject to termination by the City.
Section 4. In addition to any other lawful remedies or disciplinary actions available to the
City, if the Association fails, in good faith, to perform all responsibilities listed below in B, Section
1, the City may suspend any and all of the rights and privileges accorded to the Association
under the Employee Relations Ordinance in this Agreement including, but not limited to, right of
access, check -off, the use of the City bulletin boards and facilities.
B. ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
members engage in any of the conduct prohibited in A, Section 1 above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful and they must immediately cease engaging in conduct prohibited
in A and return to work.
Section 2. If the Association performs all of the responsibilities set forth in Section 1 above,
its officers, agents, representatives shall not be liable for damages for prohibited conduct
performed by employees who are covered by this Agreement in violation of Section 1 above.
•
i ■
Section` 1. Grievance. Grievance shall be defined as a dispute between the Association,
employee or employees and the City, regarding interpretation or application of specific
provisions of this Agreement, personnel rules, or departmental rules and regulations.
Section 2. Conduct of the Grievance Procedure.
A. An employee may request the assistance of another person of his own choosing in
preparing and presenting his grievance at any level of review, or may be represented by a
33
HI PSNULABOR /DPSAA.MOU:2016- 16-FINALdccx
recognized employee organization or may represent himself. The employee shall not suffer any
reprisal from management for utilizing the grievance procedure set forth herein.
B. Any retroactivity on monetary grievances oho|| be limited to the date that the grievance
was fi|ed, in xvribng, except in cases where it was impossible for the employee to have had prior
knowledge mfanaccounting error.
C. All time ||nnito specified may be extended to a definite date by mutual agreement of the
employee or his Association nepnaoontoUve, and the decision making management
representative involved at each step of the grievance procedure. Such mutual agreement shall
be evidenced in writing and signed by the employee or Association representative and
management representative.
Section 3. Grievance Procedure Steps. The grievance procedure shall provide for the
following steps; except for grievances that are m naeu|t of disciplinary aotion, which shall begin at
Step Two.
Step One. Informal Procedure. An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from the
date of the alleged incident or action giving hoe to the ghexonma on an informal basis.
|f, after such d|mouosion, the employee does not believe the problem has been
satisfactorily neuo|ved, he shall have the right and obligation to discuss it with his
supervisor's immediate eVpen/iaor, if any, and his department haad, if necessary.
Every effort ahe|| be made tofind an acceptable solution by these informal means at
the most immediate level of supervision. At no time may an informal process go
beyond the department head concerned. |n order that this informal procedure may be
responsive, all parties involved shall expedite this process. |nno case may more than
thirty (30) days elapse from the date of the alleged incident or action giving rise to the
grievanoe, and the filing of written grievance in Sha9 Two, or the grievance shall be
barred and waived.
§122 Two. Department Head Reoponee' none grievance ma result of disciplinary action
mAxdi has been processed through the "Skelly Proceoo^, or if the grievance is not
resolved in Step [)na, orifno answer has been received within five (5) working days
from the presentation of the oral grievancm, the employee nlay, within thirty (30)
working days from the date of the incident giving rise to the grieVance, present the
grievance in writing to his department head. Failure of the employee to take this action
will constitute termination of the grievance. The department head shall further review
and discuss the grievance with the employee and shall render its decision and
comments, in vxriUng, and return them to the employee within tan (10) working days
after receiving the grievance.
Step Three. Management Representative. If the grievance is resolved in Step Two, nr
if no answer has been received within time |innMa established in Step Two, the
employee may within ten (10) working daye, present the grievance in writing to the
designated management representative for processing. Failure of the employee to
take this action will constitute termination mf the grievance. In the event the employee
is not being represented by m recognized employee organioation, the designated
management representative shall attempt to resolve the grievance. |f the employee io
being represented by m recognized employee organ|zaUon, the designated
3*
6-1
management representative shall convene `a joint meeting of the recognized employee
organization and himself, within five (5) working days, in an attempt to resolve the
grievance. In the event the grievance is not satisfactorily adjusted or settled through
discussion at this level, management shall advise the employee and /or employee
organization, in writing, within ten (10) working days as to its position on the grievance.
Step Four. Grievance Hearing. If the grievance is not resolved in Step Three, the
employee may, within ten (10) working days of the receipt of the written position from
management representatives, present a "request for hearing" in writing to the Human
Resources Director. However, the only grievances which may submitted for review
are matters which have resulted in a suspension without pay, reduction in pay,
demotion, termination, or otherwise have monetary value to the employee. Failure of
the employee to take this action will constitute termination of the grievance. With the
approval of the Personnel Advisory Board, the Human Resources Director shall
request from the State Mediation and Conciliation Service, or mutually agreed upon
alternative organization, a list of seven (7) neutral hearing officers. In the event that
the parties cannot agree upon a mutually acceptable hearing officer from the list of
seven (7), the parties shall alternately strike names from the list, with the City striking
the first name. The identity of the last remaining individual on the list will be selected
as the hearing officer.
The hearing officer shall preside over a full and fair evidentiary hearing and, within
thirty (30) calendar days of its conclusion, render a written decision that includes
findings of fact and a recommendation to the City Manager. That decision shall be
served jointly upon the grieving party and the City Manager.
Stems 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.
Section 1. Substance Abuse Policy. The City of Downey and the Association have a vital
interest in maintaining safe, healthful and efficient working conditions. Being under the
influence of a drug or alcohol on the job may pose serious safety and health risks not only to the
user but to co- workers and the citizens of Downey. The possession, use or sale of an illegal
drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on duty or
being compensated on an "on call status.
The City of Downey and the Association recognize that their future is dependent on the
physical and psychological wellbeing of all employees. The City and the Association mutually
acknowledge that a drug and alcohol -free work environment benefits Downey employees and
citizens. The purpose of this section is to define the City's drug and alcohol policy as well as the
possible' consequences of policy violation.
35
H /PSNULABOROPSAA.MOU 2016 -18 FINAL docx
A. Possession, sale, use or being under the influence of drugs or alcohol while on job is
strictly prohibited. This prohibition shall not apply to legitimate undercover activities of Police
Officers that are undertaken in accordance with the direction of the Police Department.
B. When reasonable suspicion exists, the City may require an employee to submit to a
medical examination, including, but not limited to, a substance screening. Substance screening
means the testing of urine or other body fluids as reasonably deemed necessary by a physician
to determine whether an employee has a restricted substance in their system.
1. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to "suspect that an employee is under the influence of
drugs or alcohol so that the employee's ability to perform the functions of the job is
impaired or so that the employee's ability to perform his /her job safely is reduced.
C. Any manager or supervisor requesting an employee to submit to a- substance screening
shall document in writing the facts constituting reasonable suspicion and shall give the
employee a copy. The employee shall be given an opportunity to provide additional facts. An
employee who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in drug screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to substance
screening. An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
D. The supervisor, or designee, shall transport the suspected employee to the testing
facility. Testing shall occur on City time and be paid for by the City. Employee urine samples,
or other body fluids, will be collected in a DOX- Security Container System or other system which
includes methods or mechanisms designed to assure the integrity of the sample. The facility
used for testing shall be certified by the National Institute on Drug Abuse and comply with
established guidelines for "chain of custody" to insure that identity and integrity of the sample is
preserved throughout the collecting, shipping, testing and storage process.
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
An employee who tests positive on a confirmatory test will be given the opportunity to discuss
the results with a physician to be designated by the City. The employee should be prepared at
that time to show proof of any valid medical prescription for any detected substance or to
otherwise explain, if he or she so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a`violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs that are clearly marked
that they may cause significant drowsiness or impair an employee's performance. An employee
shall notify his /her supervisor, before beginning work, when taking such medications or drugs.
In the event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may required. The City reserves the right to send an employee home on sick
leave under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily in
the City- sponsored Employee Assistance Program (EAP). Assistance through the EAP maybe
sought by an employee with complete confidentiality and without adverse consequences to
36
HIPSNULABORIDPSAA,MOU 2016 -18 FINAL dccx
his /her employment. Employees should be aware, however, that a request for assistance
through the EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and /or other violation of this policy or other City /department rules and regulations, the
City may refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete a
rehabilitation and /or counseling program and other terms and conditions in a "Last Chance
Agreement."
1. It is the City's intent to use the EAP option for first offenders except the City reserves
the right to discipline for those offenses which are a significant violation of
City /department rules and regulations or where violation did or could have resulted in
serious injury or property damage.
Section 2. Transfer Rights. The City agrees that if an employee's current supervisor or
department head does not approve an employee's transfer to another department who has
offered that employee a position, the employee may appeal the decision to the Human
Resources Director.
Section 3. Labor- Management Committee. Representatives of the Association and
management shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
Section 4. Post Training. The City shall endeavor to have at least two (2) Public Safety
Dispatchers who have completed P.O.S.T. training in the Police Communications Center.
Section 1. It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and memoranda of understanding, or memoranda of
agreement, or contrary salary and /or personnel resolutions and ordinances of the City, oral or
written, expressed or implied,_ agreements between the parties or understandings between the
parties, and shall govern their entire relationship and shall be the sole source of any and all
rights which may be asserted hereunder. This Agreement is not intended to conflict with federal
or state law.
Section 2. Notwithstanding the provisions of Section 1 above, there exists within the City of
Downey, certain personnel resolutions, ordinances and departmental rules and regulations. To
the extent that this Agreement does not specifically contravene provisions of these personnel
resolutions, ordinances, departmental rules and regulations; such personnel resolutions,
ordinances and departmental rules and regulations are specifically incorporated herein.
37
HIPSNULABOROPSAA.MOU.2016 -16 FINAL docx
ARTICLE XXIV
During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours, and terms and conditions of employment;
whether or not covered by this Agreement or in the negotiations leading thereto and irrespective
of whether or not such matters were discussed or were even within the contemplation of the
parties hereto during the negotiations leading to this Agreement. Regardless of the waiver
contained in this Article, the parties may:
1. By mutual agreement, in writing, agree to meet and confer about any matter during
the term of this Agreement.
2. Meet and confer in accordance with Article XVI, Section 2, Article XX Section 5 and
Article XI, Section 1 (C)(2).
Section 1. Should the City grant additional retiree medical benefits to the DCEA
Maintenance or DCEA Miscellaneous Units and the Association requests to meet; the City
agrees to meet and confer over retiree medical. There should be no changes without mutual
agreement of the parties.
Section 2. The parties agree to reopen Article XVI (Tuition Reimbursement) to meet and
confer as soon as practicable on the issue of tuition reimbursement for the quarter system
resulting from California State University, Los Angeles' conversion to the semester system
starting Fall term 2016.
Section 3. The parties agree that the City shall implement changes to comply with all 2014-
15 CalPERS audit findings and shall take effect as follows:
a. As soon as practicable, implement a Uniform Schedule as provided in Article Ill,
Section 9 of this MOU for the reporting of City provided uniforms and
maintenance costs.
b. As soon as practicable, correct payroll reporting to ensure that employees with
more than one premium pay that is based on a percentage of pay are calculated
off of the base hourly rate and not compounded with other premium pays.
c. 1n the event that additional issues arise from the resolution of the CalPERS Audit
that necessitate that the parties meet and confer, the City shall notify the
Association.
Section 4. During the term of this Agreement, the City agrees to meet at the request of the
Association to discuss Longevity Pay and Education Incentive with no obligation on the part of
38
HIPSNULABOROPSAA.MOU.,2016 -18 FINAL.docz
the City to enhance or add any related provisions. The results of such discussions may be
included in negotiations for a successor Memorandum of Understanding.
•,
• •
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood,
insurrection, civil disorder, national emergency, or similar circumstances, provisions of this
Agreement or the Personnel Rules or Resolutions of the City, which restrict the City's ability to
respond to these emergencies, shall be suspended for the duration of such emergency. After
the emergency is over, the Association shall have the right to meet and confer with the City
regarding the impact on employees of the suspension of these provisions in the Agreement and
any personnel rules and policies.
ARTICLE XXVII
SEPARABILITY
Should any provision of this Agreement be found to be inoperative, void, or invalid by a court
of competent jurisdiction, or by applicable laws, statutes, ordinances and regulations of the
United States of America and the State of California, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement.
ARTICLEXXVIII
The term of this Agreement shall commence on April 1, 2016, and shall continue in full force
and effect until March 31, 2018.
39
H /PSNULABOR /DPSAA.MOU.2016 -18 FINALdocx
ARTICLE XXIX
i ► ► 7=RT=o
The City and the Association acknowledge that this Agreement shall not be in full force and
effect until ratified by the Association and adopted by the City Council of the City of Downey.
Subject to the foregoing, this Agreement is hereby executed by the authorized representatives
of the City and the Association and entered into this 10 day of May, 2016.
� r•
Irma
.-
nt City Manager
Human Resources Director
Approved •
t , M. Abich-Garcia
�ty Attorney
Jessica Jimenez-Jones
By:
Mem _at- arge, Doug Ulibarri
40
H /PSNL /LABOR /DPSAA.MOU,2016 -18 In Process docx
REPRESEATED r• - :;
AUXILIARY ASSOCIATION
Code Enforcement Officer
Community Services Officer
Fingerprint Evidence Technician
Fire Service Technician
Forensic Specialist
Neighborhood Preservation Coordinator
Parking Enforcement Officer
Police Aide II
Police Records Specialist l
Police Records Specialist 11
Property and Evidence Technician
Public Safety Dispatcher
Regional Fire Communications Lead Operator
Regional Fire Communications Operator
Senior (Police) Dispatch Supervisor
Senior Forensic Specialist
Street Sweeping Enforcement Officer
41
H /PSNULABORMPSAA OU 2016 -18 FINAL,docz
EXHIBIT B
Position Title I
A
I B
I C-1-2-1-L-J
d
Code Enforcement Officer
24.7385
26.0989
27.5343
29.0492
30.6469
Community Services Officer
19.2794
20.3397
21.4585
22.6389
23.8839
. ... ....... . .. . .... .... ............
Fire Service Technician I
12.5619
13.2533
13.9823 i
14.7512
15.5622
Forensic Specialist
28.1187
29.6648
.. .. . .... ..
31.2967
33.0181
34.8342
. ....... ........
Forensic Supervisor
36.0884
38
674
42.3766
44.7074
Neighborhood Preservation Coordinator
30.9148
t 32.6150
34.4091
36.3010 1
38.2980
Parking Enforcement Officer
16.3110
17.2083
181.1547
,
19.1533
20.2013
Police Records Specialist 1
16.4687
17.3749
18.33 0 2
19.3386 1
20.4017
Police Records Specialist 11
17.3798
18.3354
1
-_�4-078-
21.5308
------- --- -
Property & Evidence Technician
20.2990
. ..... ............ .
1 21.41S5
22.5933
23.8362
. . .. ..... . .......... ..........
25.1468
..... ........... ....
Public Safety Dispatcher
22.5921
23.8346
25.1454
26.5288
27.9880
. . ..... . . ... . ... ................ .. .. . . ... ...... ...
mm
Regional Fire Communications
I I 111 I'll 11 1-111-111 -
.......
22.5921
---------------- - -
-7,
1 23.8346
-- ----
25.1454
.... ... . .... .....
26.5288
27.9880
Regional Fire Communications Lead Operator
27*2669
28.7665
30.3486
32-0179
... . ......
33*7520
Senior Dispatch Supervisor
32.9956
34.8102
36.7250
38.7444
40.8756
1 27.8122
'1 29.3418
30.9556
E
32.6583
34.4270
Position Title
A
B
C,
d
E
1 Code Enforcement Officer
25.2333
26.6209
28.0850
29.6302
31.2598
Community Services Officer
19.6650
20.7465
21.8877
23.0917
24.3616
Fire Service Technician
12.8131
- -- - --------
13.5184
.........
14.2620
.....
i
15.0462 i
-- ----------
15.8734
Forensic Specialist
28.6811
1 30,2581
31.9226
33.6785 35.5309
Forensic Supervisor
36.8102
......... ..
38.8348 .
40.9708
. ........ .. ............
..... .....
43.2241
..... . ... . ....... .. . .. .. .
45.6016
. . .............. . .......... . ........
Neighborhood Preservation Coordinator
31.5331
33.2673
350973
37.0270
39.0640
I Parking Enforcement Officer
16.6372
17.5525
18.5178
...... .. .....
..... ...
19.5364
... . ..... .. .
20.6053
. . ...... . . . ........ ... . ... . ......... . . ... .
Police Records Specialist 1
16.7981
17.7224 1
18.6968
1 9�.7._2_54
20.8097
Police Records Specialist 11
17.7274
18.7021
19.7312
..W
1
20.8160
21.9614
Property & Evidence Technician
20.7050 A
.. ........ ....
21.843,8
.......... .. ....
23.0452
24.3129
........ ..... . .
256497
Public Safety Dispatcher
23.0439
24.311 3
25.6483
27.0594
28.5478
Regional Fire Communications
1 23.0440
24.3113
25.6483
. .......
27.0594
_A__1_1________1
28.5478
--- -------------- - ----- -
Regional Fire Communications Lead Operator
1 27.8122
'1 29.3418
30.9556
E
32.6583
34.4270
Senior Dispatch Supervisor
33.6555
35.5064
37.4595
39.5193
41.6931
42
H/PSNULABOR/DPSAA MOU,2016-18-FINAL,docx