HomeMy WebLinkAboutResolution No. 17-7736-Amending MOU w-Downey Police Officers' Association Adopting Side Letter AgmtRESOLUTION NO. 17-7736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY
AND THE DOWNEY POLICE OFFICERS' ASSOCIATION (JULY 1, 2015 — JUNE 30,
2017) BY ADOPTING THE SIDE LETTER OF AGREEMENT
WHEREAS, on January 12, 2016, the City Council of the City of Downey adopted
Resolution No. 16-7609 for the purpose of adopting the Memorandum of Understanding (MOU)
between the City and the Downey Police Officers' (DPOA); and
Subsequent to the adoption of the MOU, the City of Downey and the DPOA agreed to
changes to the MOU that are reflected in a Side Letter of Agreement between the City and the
DPOA ("Side Letter Agreement") attached hereto as Exhibit A and incorporated herein by this
reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Side Letter of Agreement attached hereto as Exhibit A is approved
and adopted.
SECTION 2. The Side Letter of Agreement amends the MOU between the City of
Downey and the DPOA.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 25th day of July, 2017.
FER DO VASQUEZ, Mayor
ATTEST:
A ALICIA DUARTE, C
Interim City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 25th day of July, 2017 by the following vote,
to wit:
AYES: Council Members: Pacheco, Rodriguez, Saab, Ashton, Mayor Vasquez
NOES: Council Member: None.
ABSENT: Council Member: None.
ABSTAIN: Council Member: None.
ARALICIA DUARTE, C
Interim City Clerk
EXHIBIT A
SIDE LETTER OF AGREEMENT
TO THE 2015-2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DOWNEY AND THE DOWNEY POLICE OFFICERS' ASSOCIATION
EFFECTIVE: UPON CITY COUNCIL APPROVAL
This side letter memorializes an agreement reached between the City of Downey
("City") and the Downey Police Officers' Association ("DPOK) to change the 2015-2017
Memorandum of Understanding ("MOU") entered into between the City and DPOA. All other
terms and conditions of the existing MOU shall remain in full force and effect. The changes
are as follows:
Article III Section 5 shall be replaced with the followrin
Section 5. Longevity Pay.
Eligibility for Longevity Pay. As early as at least July 1, 2011, regular employees who have
completed five (5), ten (10), twenty (20), and twenty-five (25) years of service (which -went
into effect June 28, 2010) with the City of Downey have and shall continue to receive longevity
pay adjustments as follows.
Service Compensation Adjustment
5 years 2.7500%
10 years 5.5000%
20 years 8.4020%
25 years 13.0000%
Effective December 23, 2002, years of service served as a Peace Officer Standards and
Training (POST) certified Peace Officer in another agency shall apply toward longevity
eligibility as though earned with the City of Downey.
The following special pay premiums that are included in Article III, shall be revised as follows:
Article III shall be replaced with new Section 9 and the remaining provisions
renumbered.
Section 9. Calculating the Value of Special Compensation (Spec Comp). Beginning or
earlier than July 1, 2011, the value of the following special compensation items are calculated
using a compounding method that calculates them in the following order: (1) Longevity Pay;
(2) Education Incentive Pay; (3) Special Assignment Pay [a. Corporal Pay; b. Field Training
Officer (FTO) Pay; c. Motorcycle Pay]. Any other special compensation items are not included
in the compounding calculation.
Also, pursuant to Section 81, an officer assigned to motorcycle duty who also acts as a FTO
will receive FTO pay only on hours worked as an FTO. These FTO hours will be calculated as
a percentage of the base hourly rate of pay without regard to compounding. The DPOA shall
EXHIBIT A
have up to September 30, 2017 to request to re -open the provision that FTO pay for
motorcycle duty is not subject to compounding.
If the employee receives one or more of the special compensation items subject to
compounding referenced above, the one that is highest in the order above is calculated first,
as the applicable percent of the base hourly rate of pay. For each additional special
compensation item on the list above, the value shall be determined by multiplying the next one
received in the above order as a percentage of the base hourly rate of pay plus the value of
the special compensation items already calculated under this method.
An example of the calculation method for a Police Officer without Motorcycle Pay who works
eighty (80) hours in a two week pay period is as follows:
Employee Base Hourly Rate $44.2842 Reportable Earnings @ 80 Hours $3542.74
1. Longevity Pay (13.0%)
Spec Comp Earnings
$ 460.56
2. AA Education Incentive (7 %)
Spec Comp Earnings
$ 280.23
3. Corporal Pay (5.50%)
Spec Comp Earnings
$ 235.59
4. FTO Pay (3.50%)
Spec Comp Earnings
$ 158.17
An example of the calculation method for a Police Officer with Motorcycle Pay who works
eighty (80) hours in a two week pay period is as follows:
Employee Base Hourly Rate $44.2842
Reportable Earnings @ 80 hrs.
$3542.74
1. Longevity Pay (13.0%)
Spec Comp Earnings
$ 460.56
2. BA Education Incentive Pay (10.50%) Spec Comp Earnings
$ 420.35
3. Motorcycle Pay (11.0%)
Spec Comp Earnings
$ 486.60
Article XI, Section 3 shall be replaced by the fallowing:
Section 3. City Contribution to Retiree Retirement Health Savings (RHS) Plan.
A. City Contribution to RHS Plan. The City will contribute the following monthly
amount toward an employee's RHS account. This contribution is inclusive of the Public
Employees' Medical and Hospital Care Act (PEMHCA) statutory minimum employer
contribution as specified in Cal. Government Code § 22892(c):
Employees who retire after July 1, 1987 - $ 98.00
Employees who retire after July 1, 2002 - $ 200.00
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EXHIBIT A
Employees who retire after July 1, 2003 - $ 235.00
Employees who retire after July 1, 2004 - $ 270.00
These City contribution amounts shall be referred to herein as the "retiree medical
contribution."
As a result of the City contracting for CaIPERS medical insurance pursuant to PEMHCA
provisions effective October 1, 2012, the following revisions are in effect to avoid an increase
cost to the City's mandated contribution for retirees:
B. Eligibility Requirements. Subject to meeting eligibility criteria below, the maximum monthly
City contribution amount specified in Section A shall be deposited on a quarterly basis to the
retiree's RHS account for the reimbursement of qualified medical expenditures. To be eligible
to enroll in the City's CaIPERS health plans, pursuant to CalPERS rules and regulations, and
receive the maximum monthly City contribution amount specified in Section A above, the
employee must satisfy the following eligibility criteria:
1. 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. Employee retires within 120 days of separation from employment with the City; and
3. At the time of retirement, the employee is employed by the City; and
4. Effective the day after official separation from the City, the employee has been granted a
retirement allowance by the California Public Employees' Retirement System.
C. The City's obligation to contribute toward the retiree's RHS account shall be modified
downward or cease during the lifetime of the retiree upon the occurrence of any one of the
following:
1. During any period the retiree is eligible to receive or receives health insurance coverage
at the expense of another employer the payment will be suspended. "Another employer" as
used herein means private employer or public employer or self-employed or the employer of a
spouse. As a condition of being eligible to receive the RHS contribution set forth above, the
City shall have the right to require any retiree to annually certify that the retiree is not receiving
any such paid health insurance benefits from another source. If it is later discovered that
misrepresentation has occurred, the retiree will be responsible for reimbursement to the City of
those amounts inappropriately deposited and the retiree's eligibility to receive future RHS
deposits will cease.
2. In the event the Federal government or State government mandates an employer -
funded health plan or program for retirees, or mandates that the City make contributions
toward a health plan (either private or public plan) for retirees, the City's rate set forth 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.
EXHIBIT A
3. Upon the death of the retiree, the City's obligation to deposit into the retiree's RHS account
shall cease. The surviving spouse shall be able to continue CaIPERS medical insurance
coverage pursuant to PEMHCA provisions and provided the surviving spouse pays the
appropriate premiums minus the City's mandated retiree contribution amount.
D. An eligible retiree covered by this Section who no longer elects coverage under any City
sponsored medical plan, effective at the end of any calendar quarter may present the City with
proof of payment for alternate health insurance coverage and continue to receive the City's
deposit to the—retiree's RHS account on a quarterly basis up to the amount to which the retiree
is entitled in Section A above. Once a retiree elects to withdraw from eligibility to participate in
a City sponsored health plan for coverage under an alternate insurance plan, the City and the
retiree understand that the retiree may not re -enroll in a City sponsored medical plan and
otherwise forfeits the City's RHS contribution amount permanently.
In addition to the condition specified in D above, the City's deposit to a retiree's RHS account
shall cease upon the occurrence of any of the following:
1. The retiree fails to submit or respond to the City's request (via certified mail to the last
known mailing address of the retiree) to provide appropriate proof of alternate health insurance
coverage at the end of sixty (60) days from the date of the City's written request.
2. The death of the retiree.
Article XII shall be replaced bar the followin
ARTICLE XII
TUITION REIMBURSEMENT
Section 1. Reimbursement Rates. With prior approval of the City Manager, employees may
be reimbursed for tuition and books for courses taken to improve their value to the City.
Tuition shall be reimbursed for courses as recommended by the department head with job
related justification and approved by the City Manager or their designee. An employee must
receive a passing grade in order to be reimbursed for the course. Reimbursement shall be
made at the rate of tuition charged at California State University, San Bernardino for courses
on the quarter system and California State University, Long Beach for courses on the semester
system. The employee will be reimbursed for required books only. The parties agree that
quarter system tuition reimbursement will no longer be based on California State University,
Los Angeles, as that institution will convert to a semester system in the Fall, 2016
.Article VII Sections 2 and 5 shall be replaced by the following:
Section 2. Vacation shall be taken at the convenience of the City with the approval of the
department head. Where possible, such vacation should be taken annually and not
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EXHIBIT A
accumulated from year to year. All eligible employees, however, shall only be allowed to
accumulate vacation up to an amount equal to two (2) times their annual accrual rate
("Maximum Accrual"). Once Maximum Accrual is reached, the employee shall not accrue
additional vacation until the amount of accumulated vacation is reduced to a level below
Maximum Accrual. If the employee is prohibited by the supervisor from taking the employee's
vacation because of staffing shortages or operational need, the employee shall be paid the
employee's regular wages for the period of vacation requested but denied (and consequently
worked by the employee). Such vacation shall be approved by the Chief of Police or designee
and paid at the employee's regular rate of pay in effect during the period of vacation
requested....
Section 5. Vacation Pay -Out. By no later than December 31, 2017, each employee's
balance of accrued unused vacation leave earned must fall below Maximum Accrual.
Thereafter, an employee who has a balance of accumulated vacation that exceeds the
Maximum Accrual shall not be entitled to accrue additional vacation until the employee's
vacation balance falls below by at least their monthly annual accrual rate, but by no greater
than the Maximum Accrual To assist in reducing the overage of earned vacation, a pay -out of
up to one hundred sixty (160) hours of earned vacation per calendar year will be allowed with
the approval of the Department Head and the City Manager or his designee through June 30,
2017 only.
Article X, Section 4 shall be amended as follows:
Effective June 1, 2016, each employee covered by this Agreement shall be provided with a
group term life insurance benefit of One Hundred Thousand Dollars ($100,000).
IT IS SO AGREED DATE:
CITY OF DOWNEY
DOWNEY POLICE OFFICERS ASSOCIATION
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