HomeMy WebLinkAbout11. Adopt Reso-Adopting Downey Police Officers Association MOU (July 1, 2020 - December 31, 2022)Irmi!
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FROM: OFFICE OF THE CITY MANAGER
BY: JAMES MCQUEEN, DIRECTOR OF HUMAN RESOURCES1;�4
DATE: MAY 26, 2020
SUBJECT: ADOPTION OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF DOWNEY AND THE DOWNEY POLICE OFFICERS' ASSOCIATION
RECOMMENDATION
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At its meeting on March 10, 2020, the City Council authorized John Oskoui, Assistant City
Manager and James McQueen, Director of Human Resources, as the City's representatives
to begin labor negotiations with the Downey Police Officers' Association (DPOA) for a
successor Memorandum of Understanding (MOU). The MOU will expire on June 30, 2020.
The first meeting of the City's labor negotiations process was held on March 10, 2020 and
the process was concluded on May 12, 2020.
An agreement has been reached between the City and the DPOA on a successor
Memorandum of Understanding (MOU) for the term of July 1, 2020 to December 31, 2022.
DPOA represents the sworn classifications of Police Officer and Police Sergeant. The MOU
includes the following provisions with economic impact:
• A 2% across the board pay increase effective the pay period that includes July 1,
2020, 2% effective the pay period that includes July 1, 2021, and 1% effective the
pay period that includes July 1, 2022;
• Continuation of employee's 6% cost sharing of reportable earnings towards City
pension costs for the 3% @ age 50 retirement formula;
In addition to economic items, other revised or added contract language changes are
included based on the need to clarify or update provisions in accordance with practice or
law as follows:
ADOPTION OF DPOA MOU
MAY 26, 2020
PAGE 2
• Language adjustments removing historical dates.
• Adjustment of court time language to correspond with existing practice.
• Adjustment of special assignment removal appeal language to state that Field
Training Officer (FTO) assignment removal for disciplinary purposes is subject to
appeal.
• Medical opt out money to be paid to employee as taxable earnings in connection
with legal requirements.
• Overtime language revision to state that opt out money is not included in overtime
rate unless required by law.
• Holiday language revised to recognize actual day of holiday rather than date City
facilities observe the holiday.
• Medical language cleanup to state city pays 100% of premium increase during th(-!
term of the agreement.
• Tuition reimbursement revision to account for current quarter system university
converting to semester academic calendar.
• Inclusion of Tobacco prohibition language in the MOU.
Also, the MOU includes re -opener provisions for discussions during the term of t�ie MOU f(M
CL S�
the City's Cafeteria Plan to ensure compliance with legal requirements and to dis u s•
labo
cost saving measures. I
The negotiated provisions have been ratified by the Association membership. This
Memorandum of Understanding is a product of a labor negotiation process involving the
DPOA and City management representatives and was completed in accordance with State
law and the City's Employer -Employee Relations Ordinance and personnel rules and
regulations.
The Agreement represents increased personnel costs in the approximate amounts of
$513,527 in Contract Year 1, $532,703 in Contract Year 2, and $137,389 in Contract Year
3.
ATTACHMENTS
Attachment A: Resolution
Attachment B: DPOA MOU (July 1, 2020 — December 31, 2022)
2
RESOLUTION NO. 20-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY POLICE OFFICERS' ASSOCIATION (July 1, 2020 — December 31, 2022)
WHEREAS, the City of Downey, hereinafter referred to as "City," and the City of Downey
Police Officers' Association hereinafter referred to as "DPDX 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 DPOA have memorialized the Agreement in a written
Memorandum of Understanding.
OF TAE CWTOF DOIM
.-IIEREBY • AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City and the DPOA,
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 Assistant City Manager and Director of Human Resources are
authorized to sign the Memorandum of Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this resolution.
APPROVED AND ADOPTED this 26 th day of May, 2020.
BLANCA PACHECO, Mayor
ATTEST:
MARIA ALICIA DUARTE, CMC
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 26 th day of May, 2020, by the following
vote, to wit:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
MARIA ALICIA DUARTE, CMC
City Clerk
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY
AND
THE DOWNEY POLICE OFFICERS' ASSOCIATION
July 1, 2020 to December 31, 2022
Table of Contents
ARTICLEI.......................................................................................................................................
1
RECOGNITION...........................................................................................................................
1
ARTICLE11......................................................................................................................................
1
NON-DISCRIMINATION.............................................................................................................
1
ARTICLEIII.....................................................................................................................................
2
BASIC COMPENSATION PLAN................................................................................................
2
Section 1. Salary Increases / Adjustments / Retroactive Pay ..........................................
2
Section 2. Plan of Salary Schedules...................................................................................
2
Section 3. Eligibility for Merit Salary Advancement..........................................................
2
Section 4. Salary Schedule Step Reduction......................................................................
3
Section5. Longevity Pay......................................................................................................
3
Section 6. Education Incentive Pay....................................................................................
3
Section 7. Court Time / Call in Pay......................................................................................
4
Section 8. Special Assignment............................................................................................
4
Section 9. Calculating the Value of Special Compensation (Spec Comp) .....................
6
Section 10. Range Qualification Pay...................................................................................
7
Section 11. Uniforms, Maintenance Allowance, and Reporting to CalPERS .................
7
Section 12. Standby Compensation - Duty Supervisor....................................................
8
Section13. Bilingual Pay.....................................................................................................
8
Section 14. Acting Sergeant Pay.........................................................................................
8
Section 15. Temporary Sergeant Pay.................................................................................
8
Section 16. Acting Watch Commander/Lieutenant Pay ....................................................
8
ARTICLEIV.....................................................................................................................................
9
WORKWEEK.............................................................................................................................
9
Section 1. Regular Work Week............................................................................................
9
Section 2. Normal Work Schedule......................................................................................
9
Section 3. Changes in Normal Work Week Schedule.......................................................
9
Section 4. 3/12.5 Work Schedule.........................................................................................
9
ARTICLEV......................................................................................................................................
9
OVERTIME (COMPENSATORY TIME).....................................................................................
9
Section 1. Compensation for Overtime..............................................................................
9
Section 2. Overtime Work is to be Discouraged.............................................................
10
ARTICLEVI...................................................................................................................................
10
HOLIDAYS................................................................................................................................
10
ARTICLEVII..................................................................................................................................
11
VACATION................................................................................................................................
11
ARTICLEVIII.................................................................................................................................
12
LEAVES OF ABSENCE...........................................................................................................
12
Section 1. Leaves of Absence Without Pay.....................................................................
12
Section 2. Written Notice of Intent to Return...................................................................
12
Section 3. Outside Employment while on Leave.............................................................
12
Section4. Sick Leave.........................................................................................................
12
Section 5. Bereavement Leave..........................................................................................
14
Section 6. Workers' Compensation Injury on Duty .........................................................
14
Section 7. Employee Disability Leave...............................................................................
15
Section8. Military Leave....................................................................................................
15
Section9. Jury Duty............................................................................................................
16
Section 10. Physical Fitness Leave..................................................................................
16
ARTICLEIX...................................................................................................................................
i
16
FRINGE BENEFIT ADMINISTRATION....................................................................................
16
Section 1. Administration...................................................................................................
16
Section 2. Selection and Funding.....................................................................................
16
Section3. Changes.............................................................................................................
16
ARTICLEX....................................................................................................................................
17
HEALTH, DENTAL AND LIFE INSURANCE...........................................................................
17
Section 1. Medical Insurance.............................................................................................
17
Section2. Dental.................................................................................................................
18
Section 3. Life Insurance....................................................................................................
18
ARTICLEXI...................................................................................................................................
18
RETIREMENT...........................................................................................................................
18
Section 1. CalPERS Coverage...........................................................................................
18
Section 2. Retirement Formula and Contributions.........................................................
18
Section 3. City Contribution to Retiree Retirement Health Savings (RHS) Plan..........
20
ARTICLEXII..................................................................................................................................
21
TUITION REIMBURSEMENT...................................................................................................21
Section 1. Reimbursement Rates......................................................................................
21
ARTICLEXIII.................................................................................................................................
22
PROBATIONARY PERIOD......................................................................................................
22
Section 1. Length of Probation / Extensions...................................................................
22
Section 2. Process for Retention / Termination...............................................................
22
Section 3. First of the Month..............................................................................................
22
ARTICLEXIV................................................................................................................................
23
SENIORITY...............................................................................................................................
23
Section1. Definition...........................................................................................................
23
Section 2. Probationary Employees Excluded................................................................
23
Section 3. Layoff and Recall..............................................................................................
23
Section4. Bumping Rights................................................................................................
23
Section 5. Seniority Bidding..............................................................................................
23
ARTICLEXV.................................................................................................................................
23
CITYRIGHTS...........................................................................................................................
23
Section 1. Management Rights..........................................................................................
23
Section 2. Impact of Management Rights........................................................................
24
Section 3. Health and Safety..............................................................................................
24
ARTICLEXVI................................................................................................................................
24
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES .......................................
24
Section 1. Dues Deductions.............................................................................................
24
Section 2. Indemnification.................................................................................................
25
ARTICLEXVII...............................................................................................................................
25
NOSTRIKE - NO LOCKOUT...................................................................................................
25
ARTICLEXVIII..............................................................................................................................
26
GRIEVANCE PROCEDURE.....................................................................................................
26
Section1. Grievance...........................................................................................................
26
Section 2. Conduct of the Grievance Procedure.............................................................
26
Section 3. Grievance Procedure Steps.............................................................................
26
ARTICLEXIX................................................................................................................................
28
MISCELLANEOUS...................................................................................................................
28
Section 1. Third Party Legal Actions Against Police Officers ........................................
28
Section 2. Substance Abuse Policy..................................................................................
29
Section 3. Industrial Disability Retirement Procedures ..................................................
ii
30
Section 4.No Tobacco Policy
ARTICLEXX .................................................................................................................................
30
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ..............................................
30
ARTICLEXXI ................................................................................................................................
31
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT ...................................
31
ARTICLEXXII ...............................................................................................................................
31
RE -OPENER .............................................................................................................................
31
ARTICLEXXIII ..............................................................................................................................
31
EMERGENCY WAIVER PROVISION ......................................................................................
31
ARTICLEXXIV ..............................................................................................................................
32
SEPARABILITY........................................................................................................................
32
ARTICLEXXV ...............................................................................................................................
32
TERM OF MEMORANDUM OF UNDERSTANDING ...............................................................
32
ARTICLEXXVI ..............................................................................................................................
33
RATIFICATION AND EXECUTION ..........................................................................................
33
EXHIBITA .....................................................................................................................................
34
CLASSIFICATIONS REPRESENTED BY THE DOWNEY POLICE OFFICERS'
ASSOCIATION.........................................................................................................................
34
PAYSCHEDULE ......................................................................................................................
34
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY POLICE OFFICERS' ASSOCIATION
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey, the
City of Downey (hereinafter called the "City") has recognized the Downey Police Officers'
Association as the majority representative of sworn personnel members of the Downey Police
Officers' Association including all employees in classifications listed on Exhibit A, excluding all other
personnel of the Police Department. The City has recognized the Downey Police Officers'
Association for the purpose of meeting its obligations under the Meyers-Milias-Brown Act,
Government Code Section 3500 et seq, and the Employee Relations Ordinance of the City when
City rules, regulations or laws affecting wages, hours or other terms and conditions of employment
are amended or changed.
ARTICLE II
NON-DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the rights of all employees
hereby to join and/or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Ordinance and
Government Code Sections 3500 to 3511.
Section 2. The City and the Association agree that they shall not discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations. The City and the Association shall reopen any provisions of this Agreement for the
purpose of complying with any final order of a federal or state agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this Agreement in
compliance with State or Federal anti -discrimination laws.
Section 3. Whenever the masculine gender is used in this Memorandum of Understanding,
it shall be understood to include the feminine gender.
Section 4. The City and Association agree to comply with applicable State and Federal laws
and regulations regarding employment of the disabled.
ARTICLE III
BASIC COMPENSATION PLAN
Section 1. Salary Increases / Adjustments / Retroactive Pay.
A. All employees covered by this Memorandum of Understanding shall receive the following
salary increases as referenced in Exhibit A:
1. Effective the pay period that includes July 1, 2020, a two percent (2%) across the
board base pay range increase.
2. Effective the pay period that includes July 1, 2021, a two percent (2%) across the
board base pay range increase.
3. Effective the pay period that includes July 1, 2022, a one percent (1%) across the
board base pay range increase.
Section 2. Plan of Salary Schedules.
A. Description of Schedules. The pay schedule consists of a set of monthly/hourly pay
ranges. Each pay range is designated by a grade code per represented class. Each pay range
consists of five (5) steps of monthly/hourly compensation, each of which is designated by step letter
(A through E).
B. Hourly Equivalent Calculation. For payroll purposes, the base hourly equivalent of a
monthly base rate is calculated by dividing twelve (12) times the monthly rate by two thousand eighty
(2,080) hours (forty (40) hours times fifty-two (52) weeks per year).
Section 3. Eligibility for Merit Salary Advancement.
A. Eligibility for Salary Step Increase.
1. Salary step increase 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 pay range 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 advancement shall be made so as to exceed the maximum rate
established in the salary schedule for the class to which the employee's position is
allocated.
B. Qualification for Salary Step Advancement.
1. Advancement shall not be automatic but shall be based upon merit, dependent upon
increased service value of an employee to the City as exemplified by
recommendations of his supervisor, length of service, performance record, special
training undertaken, and other objective evidence.
2
2. Only employees rated as meeting the standard of fully effective work performance
shall be qualified to advance to the salary steps B, C, D and E in accordance with
City personnel rules and procedures.
C. Merit Evaluation.
Every employee shall receive an objective, written job performance rating no sooner
than three (3) weeks before, nor 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 an authorized supervisor from giving an additional
objective rating to an employee between those periods of time described in this
section.
2. An employee shall receive a rating from the supervisor(s) having knowledge of the
employee's performance. This rating shall be reviewed by the department head. If an
employee does not receive a merit increase due to the performance evaluation
rating, the employee may appeal through the Grievance Procedure. If an employee
can show that other employees have received merit increases and have received
substantially the same performance evaluation within the last twelve (12) months of
that being appealed, that fact shall be sufficient to support the appeal.
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 reductions in pay.
Section 5. Longevity Pay.
A. Eligibility for Lonqevitv 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 Adiustment
5 years
2.7500%
10 years
5.5000%
20 years
8.4020%
25 years
13.0000%
1. 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.
Section 6. Education Incentive Pay. Employees covered by this Agreement shall receive
additional compensation at the following rates upon attainment of the applicable educational level.
A. Associate of Arts degree and/or Intermediate Police Officer Standards and Training
(POST) Certificate - seven percent (7%).
3
B. Bachelor's degree or Advanced POST Certificate - ten and one-half percent (10.5%),
C. Degrees stated above may be substituted by equivalent college units at a rate of sixty
(60) semester units for an Associate's degree or ninety (90) quarter units and one hundred twenty
(120) semester units for a Bachelor's degree or one hundred eighty (180) quarter units. Equivalent
Bachelor's degree units must have a minimum of forty (40) upper division semester units or sixty
(60) quarter units.
Section 7. Court Time / Call in Pay.
A. Court time is time required to be spent by employees of the Police Department in
response to a subpoena, a coroner's inquest, a hearing or trial on a civil action on behalf of the City,
or criminal case at a time other than that regularly required of such employee for his employment, for
the purpose of testifying as to knowledge acquired in the course of his employment with the City.
This definition shall apply to subpoenas issued for taking of depositions. Employees who are off duty
on sick leave benefits, as described in Article VIII, Section 4, of this Agreement, or Workers'
Compensation as described in Article VIII, Section 6, or when testifying at any grievance, City
Council or other hearing on behalf of himself, another employee or the Association, shall not accrue
additional time or compensation as court time.
B. Compensation for Court Time.
1. Off -duty employees shall be compensated for the actual time required for court
appearances, travel to and from court and reasonable preparation time (e.g., to
review reports, videos, etc.), or a minimum of four hours, whichever is greater, at
time and one half the employee's regular rate. Court appearances requiring
extensive travel and preparation time, shall require advanced supervisory approval.
2. Payments. Payments under this Section shall be on the regular pay day following
such court appearance. The Chief of Police shall make a report to the Director of
Finance prior to each pay date, listing the employee's earning benefits under this
Section. Such report shall indicate the court time each employee earned in the
previous pay period and whether he has elected to receive equivalent compensatory
time when appearing as a witness.
3. Standby Compensation. Minimum standby time for court assignments shall be
compensated at the rate of time and one-half (1.5) as follows:
a. Two (2) hours pay for the morning standby.
b. Two (2) hours pay for the afternoon standby.
c. Effective September 29, 2008, If the employee is called into court, or called in for
duty, the employee shall be paid four (4) hours or the actual number of hours in
court or worked whichever is greater.
Section 8. Special Assignment.
A. Corporal (Master Officer). The Chief of Police shall have the authority and discretion to
designate and/or remove any Police Officer as a Police Corporal (Master Police Officer) up to
budget authority. The Chief of Police will also have the authority to establish job requirements and
4
duties for Police Corporal (Master Police Officer). A Police Officer designated and assigned as
Police Corporal (Master Police Officer) shall receive five and one-half percent (5.5% as additional
compensation above their regular scheduled rate of pay while being assigned as a Police Corporal.
B. Motorcycle Officer. The Chief of Police has the authority and the discretion to designate
and/or remove any Police Officer as a Motorcycle Officer up to budget authority. Police Officers who
are assigned as Motor Officers shall receive a Motor Officer bonus of eleven (11 %) above the
Officer's rate of pay to ride a two -wheel (2) motorcycle. Any Police Officer who is designated and
assigned by the Chief of Police as a Motorcycle Officer to ride on a full-time basis a three -wheel (3)
motorcycle shall receive five and one-half percent (5.5 %) per month above the Officer's regular
scheduled rate of pay. The number of Officers on any shift designated as Motorcycle Officers, either
to ride a two -wheel or three -wheel motorcycle, shall not exceed the number of motorcycles of that
category actually in use on that shift.
C. Field Training Officer (FTO) (Training Premium). The Chief of Police shall have the
authority and discretion to designate and/or remove any Police Officer who is routinely and
consistently assigned to train employees as an FTO up to budget authority. Members serving as
FTOs are routinely and consistently assigned to train employees. The Chief of Police will also have
the authority to establish job requirements and duties for FTO. A Police Officer designated and
assigned as a FTO shall receive additional compensation above their regular scheduled rate of
three and one-half percent (3.5%) and employees so designated shall receive such compensation at
all times. The Association and its members understand, agree and acknowledge that the removal of
the FTO assignment does not constitute a punitive action under Government Code 3304 (B). An
officer who is removed from the FTO assignment shall be entitled to grieve the removal, but, in no
instance shall be allowed to grieve beyond Step Three of the grievance procedure contained in this
MOU.
D. K-9 Program Assignment.
1. Response Time. In order to be eligible to qualify as K-9 Officer (canine handler), an
Officer's place of residence must be within forty (40) miles of the Downey Police
Department.
2. K-9 Assignment Pay. Each employee performing the assignment of K-9 Officer will
receive four (4) paid hours off per week within the regular work schedule and thirty
(30) minutes of compensatory time off each twenty-eight (28) day work period which
is considered compensation for hours worked under the Fair Labor Standards Act
(FLSA) for the time spent (as an Officer -canine handler) outside of their regularwork
duties in caring for the canine throughout the week.
3. The parties acknowledge that the FLSA, which governs the entitlement to
compensation for canine duties, entitles the parties to agree to a reasonable number
of hours per month for the performance of off duty canine duties. The hours derived
at in this agreement were determined after an actual inquiry of the Officers assigned
in the canine special assignment as addressed by Leever v. City of Carson City, 360
F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this
Section to fully comply with the requirements of the FLSA. In addition, both parties
believe that this Section of the MOU does comply with the requirements of the FLSA.
The City and Officers understand and agree that four (4) hours compensation each
week and thirty (30) minutes of compensatory time off each twenty-eight (28) day
work period are intended to compensate K-9 Officers for all off -duty hours spent
4
caring, grooming, feeding and otherwise maintaining their assigned canine, in
compliance with the FLSA and interpretive cases and rulings. Unless otherwise
authorized by a supervisor, employees in the K-9 assignment must limit their off -duty
hours to a maximum of thirty (30) minutes per calendar day because they are only
being paid for thirty (30) minutes per calendar day.
4. K-9 Officers shall bid their shifts by seniority based upon their time as a K-9 officer.
E. Assignment Removal Appeal. The removal of an officer from a special assignment,
shall be subject to the Grievance Procedure, except removal of an officer from the FTO program
shall be subject to the grievance procedure only if the removal was for disciplinary reasons.
F. Maximum Special Assignment Pay. The maximum additional compensation any Officer
shall receive under this Section shall be eleven percent (11 %) of the Officer's rate of pay. However,
effective September 29, 2008, Motor Officers who are assigned to train a new Police Officer shall be
eligible for three and one-half percent (3.5%) FTO pay for hours worked when they are actually
training an Officer. This is an exception to the maximum special assignment pay provision and only
applies when the Motor Officer is performing training.
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 (Master Police Officer); b. Field Training
Officer (FTO) (Training Premium); c. Motorcycle Pay]. Any other special compensation items are not
included in the compounding calculation. Also, pursuant to Section 8.F, an officer assigned to
motorcycle duty who also acts as a FTO will receive FTO pay only on hours worked as an FTO. The
pay for these FTO hours worked will be calculated at the last compounded hourly rate of pay per this
Section.
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
1. Longevity Pay (13.0%)
2. AA Education Incentive (7 %)
Reportable Earnings @ 80 hrs. $3,542.74
Spec Comp Earnings
Spec Comp Earnings
3. Corporal (Master Police Officer) (5.50%) Spec Comp Earnings
4. FTO (Training Premium) (3.50%) Spec Comp Earnings
A
$ 460.56
$ 280.23
$ 235.59
$ 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. $3,542.74
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
Section 10. Range Qualification Pay. All sworn personnel are encouraged to attend a
variety of ranges throughout the year. Unit personnel, who attend a handgun qualification while off
duty, shall be compensated for no more than one (1) handgun qualification per calendar month,
unless specifically ordered to attend an additional qualification(s) by a supervisor.
Unit personnel required to qualify with the AR-15 who attend a qualification while off duty,
shall be compensated for no more than one (1) AR-15 qualification per quarter of the calendar year,
unless specifically ordered to attend an additional qualification(s) by a supervisor.
Unit personnel who attend range qualifications in accordance with the guidelines listed
above shall be paid the greater of: One and one-half (1.5) hours at time and one-half (1.5) per
qualification, or the actual number of hours required to qualify paid at time and one-half (1.5).
Section 11. Uniforms, Maintenance Allowance, and Reporting to CaIPERS. The City
provides uniform for employees represented by the Association. The City will continue to replace
and maintain uniforms worn in the line of duty. Required uniforms of sworn police personnel that
become worn may, at the discretion of the Chief of Police, be surveyed and replaced as necessary.
The Chief of Police shall permit maximum discretion of the employees in the selection of items of
the uniform provided, however, that the Officer shall meet uniform standards within ten (10) working
days after notice. A decision as to what constitutes standard issue uniform and if replacement is
necessary shall be determined by the Administrative Lieutenant and may be appealed through the
ranks to the Chief. Uniforms shall be maintained in accordance with Section 5.0 of the Manual of the
Downey Police Department.
Effective October 9, 2017, the average annual cost incurred by the City for the purchase
and/or rental, and maintenance of employee uniforms will be reported as special compensation
pursuant to Section 571 (a)(5) of the CalPERS regulations. The amount reportable for the purchase
and/or rental, and maintenance of uniforms is $534.87 per employee. This amount is based on the
average annual cost paid for by the City for each employee over the previous three fiscal years (FY
2014-2015, FY 2015-2016, and FY 2016-2017). The annual amount shall be reported at the rate of
$20.57 per bi-weekly pay period.
In addition, employees covered by this MOU will receive a uniform maintenance allowance
payable at a rate of $6.7307 per pay period. The uniform allowance of $6.7307 will be included in
the employee's regular bi-weekly payroll paid via direct deposit.
In accordance with the Public Employees' Pension Reform Act (PEPRA), an employee hired
on or after January 1, 2013 and classified as a "new member" within PEPRA is not eligible to have
the cost of the purchase and/or rental, and maintenance of uniforms and the uniform maintenance
7
allowance that is paid by the City reported to CalPERS as special compensation.
Section 12. Standby Compensation - Duty Supervisor. Effective September 29, 2008,
any unit employee who is designated by management to be the Duty Supervisororto be on standby
for any portion of the period from 5:00 p.m. on Friday to 8:00 a.m. on Monday shall be compensated
for stand by time by receiving fifteen (15) hours compensatory time. Any unit employee who is
designated by management to the City Supervisor or to be on standby during a holiday (defined as
the time period starting with the end of the shift prior to the holiday to the beginning of the shift
following the holiday, shall be compensated by receiving five (5) hours compensatory time. The Duty
Supervisor or any unit employee designated by management to be on standby shall be required to
carry a beeper or other communication device and answer all calls from the department in a timely
manner.
Section 13. Bilingual Pay. Employees required to speak or translate Spanish, or other
language designated by the City Manager, as part of their regular duties will be compensated per
bi-weekly pay period In addition to their regular salary. The Chief of Police has the authority and
discretion to assign and/or remove this bonus up to budget authority. To be eligible for this
assignment, the employee must pass a conversational examination administered by a certified
interpreter or an employee who has been certified by the Chief of Police to administer such
examination. An employee must recertify at least every eighteen (18) months to maintain the
eligibility. Effective the first pay period following adoption of this Memorandum of Understanding,
bilingual pay will be compensated at $70.00 per bi-weekly pay period.
Section 14. Acting Sergeant Pay. An employee is eligible to receive Acting Pay of five and
one-half percent (5.5%), if the employee is a Corporal and is assigned as an Acting Sergeant. The
Corporal shall receive compensation in the amount of an additional 5.5% for all hours worked in the
acting capacity. The department shall not fill a vacant Sergeant position with an Acting Sergeant for
more than thirty (30) calendar days. Serving in an acting capacity shall not be used as a basis for, or
in support of, a request for reclassification.
Section 15. Temporary Sergeant Pay. The Chief of Police may temporarily appoint a Police
Officer to a Sergeant position. Such temporary appointments may only occur because a budgeted
Sergeant's position is unfilled due to vacancy, injury, or illness. The Chief of Police shall appoint a
temporary Sergeant from the top tier on the current Sergeant's Eligibility List, unless valid
justification to the contrary is presented by the Chief of Police. While on temporary appointment, an
employee's salary shall be adjusted in the same manner as if the employee had been promoted to
Sergeant, but in no event shall the amount be less than five and one-half percent (5.5%). Removal
from a temporary assignment shall not necessarily be considered disciplinary action. This Section
shall have no impact on the Chief of Police's ability to promote any person to a Sergeant's position
per the City's Personnel Rules and Regulations.
Section 16. Acting Watch Commander/Lieutenant Pay. An employee in the classification
of Police Sergeant is eligible to receive additional compensation in the amount of five and one-half
percent (5.5%) above their regular scheduled rate of pay when assigned as an acting Watch
Commander/Lieutenant for more than four (4) consecutive hours in a shift. The Sergeant shall
receive this bonus compensation for hours worked in the acting capacity. Serving in an acting
capacity shall not be used as a basis for, or in support of, a request for reclassification.
1.1
ARTICLE IV
WORK WEEK
Section 1. Regular Work Week. The regular work week for all employees covered by this
Agreement shall be forty (40) hours per week.
Section 2. Normal Work Schedule. In orderto provide forthe public safety and efficiency of
operation, the Chief of Police shall have the authority to allocate resources and establish work
schedules of four (4) days or five (5) days per week. If, in the opinion of the Chief of Police,
restructuring of the normal work day or work week becomes necessary to promoting efficiency,
nothing herein shall be construed as preventing the Chief of Police from restructuring the normal
work day or week of individual employees.
Section 3. Changes in Normal Work Week Schedule. If, in the opinion of the Chief of
Police, it should become necessary to establish schedules departing from the normal work day or
work week, the Chief of Police shall give written notice of such change as far in advance as is
reasonably practical. If the change is other than on an individual basis, the City shall meet and
confer with the Association regarding the impact of the decision prior to implementing a general
change.
Section 4.3/12.5 Work Schedule. The parties have agreed to the 3/12.5 work schedule for
uniformed police patrol personnel under the following conditions:
a. The 3/12.5 work schedule consists of employees working three consecutive work
days of twelve and one-half (12.5) consecutive work hours each week, inclusive of
paid breaks and meal periods. In addition, each employee will work one ten (10)
hour shift once each twenty-eight (28) days.
b. Employees who work in administration, the detective division, and other non -patrol
assignments will continue to work their current 4/10 work schedule and the 3/12.5
work schedule will not apply to those positions.
c. Pursuant to Section 7(k) of the Federal Labor Standards Act (FLSA), the work period
for all uniformed police patrol personnel begins at 12:01 a.m. Monday and ends
twenty-eight (28) days later at 12:00 a.m.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1. Compensation for Overtime. All authorized overtime for employees shall be
paid at time and one-half (1.5) the regular rate of pay for such employees. All non -statutory
overtime shall be paid at one and one half times the regular rate of pay, as defined in the FLSA,
except that cash received by employees who opt out of health insurance shall not be included in
those calculations. Overtime shall be paid on all hours worked in excess of their scheduled shift. All
paid leave shall be counted as hours worked. Employees may elect to accumulate up to four
hundred eighty (480) hours of compensatory time off (CTO) in lieu of taking overtime pay. The City
9
shall payoff all CTO hours in excess of three hundred (300) hours as of February 1 st of each year.
Section 2. It is the policy of the City that overtime work is to be discouraged. However, in
cases of emergency or whenever public interest or necessity requires, any department or division
head may require any employee in such department or division to perform overtime work. The
projects and types of work for which overtime may be authorized shall be approved in advance by
the City Manager; except, in the event of emergency, overtime may be authorized by the department
head or his designate.
ARTICLE VI
HOLIDAYS
Section 1. Employees covered by this Agreement shall receive eleven (11) days pay each
year, which shall be compensated as follows:
The City observes the following holidays:
1. New Year's Day
2. Martin Luther King's Birthday
3. Washington's Birthday (President's Day)
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veteran's Day
8. Thanksgiving Day
9. Day after Thanksgiving
10. Day before Christmas
11. Christmas Day
PERSONNEL ON A 4/10 WORK SCHEDULE
A. If an employee works on a City holiday, he will receive the ten (10) hours of holiday pay.
In addition, the employee will receive fifteen (15) hours of compensation for having worked on the
holiday. The fifteen (15) additional hours of holiday compensation may be taken in the form of
compensatory time off.
B. If a City holiday falls on the employee's regular day off, he will receive ten (10) hours of
compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a City holiday off, he will
receive ten (10) hours of holiday pay for the day off and no additional compensation will be provided.
PERSONNEL ON A 3/12.5 WORK SCHEDULE
A. If an employee works on a City holiday which falls on a scheduled twelve and one-half
(12.5)-hour work day, he will receive the ten (10) hours of holiday pay. In addition, the employee will
receive fifteen (15) hours of compensation for having worked the holiday. The fifteen (15) additional
hours of holiday compensation may be taken in the form of compensatory time off.
10
B. If a City holiday falls on the employee's regular day off and he does not work the holiday,
he will receive ten (10) hours of compensatory time off. No additional holiday compensation will be
provided.
C. If an employee, having obtained prior authorization, takes a City holiday off in lieu of
working a scheduled work day, he will receive twelve and one-half (12.5) hours of holiday pay for the
day off and no additional compensation.
PERSONNEL ON A 9/80 SCHEDULE
A. If an employee works on a holiday which falls on a scheduled nine (9) hour day, he will
receive the nine (9) hours of holiday pay. In addition, the employee will receive thirteen and one-half
(13.5) hours of compensation for having worked the holiday. The thirteen and one half (13.5)
additional hours of holiday compensation may be taken in the form of compensatory time off.
B. If a holiday falls on the employee's regular day off, he will receive nine (9) hours of
compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a holiday off; he will receive
nine (9) hours of holiday pay for the day off and no additional compensation.
D. If the holiday falls on the scheduled eight (8) hour day, the eight (8) hour shift benefit
described below shall apply.
PERSONNEL ON AN 8-HOUR SHIFT
A. If an employee works on a City holiday, he will receive the eight (8) hours of holiday pay.
In addition, the employee will receive twelve (12) hours of compensation for having worked on the
holiday. The twelve (12) additional hours may be taken in the form of compensatory time off.
B. If a City holiday falls on an employee's regular day off, he/she will receive eight (8) hours
of compensatory time off. No additional holiday compensation will be provided.
C. If an employee, having obtained prior authorization, takes a holiday off in lieu of working
a scheduled work day, he will receive eight (8) hours of holiday pay for the day off and no additional
compensation will be provided.
ARTICLE VII
VACATION
Section 1. Employees covered by this Agreement shall accrue vacation leave with pay on
the following scheduled basis:
Years of Service
0-3
4-5
6 -10
11-15
16-20
11
Hours per Year
80
96
120
136
160
Section 2. Vacation shall be taken at the convenience of the City with the approval of the
department head. Where possible, such vacation should be taken annually and not accumulated
from year to year. All eligible employees, however, shall 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 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 3. Vacation shall be accrued on a pay period basis by dividing twenty six (26) into
the number of hours per year to which the employee is eligible to receive based upon the
employee's years of service with the City.
ARTICLE VIII
LEAVES OF ABSENCE
Section 1. Leaves of Absence Without Pay. The City Manager and/or the City Council may
grant a regular employee a leave of absence for a specific purpose without pay for a period not to
exceed up to one (1) year. No such leave shall be granted except upon written request of the
employee. Approval shall be in writing and a copy filed with the Personnel Office of the City. Upon
expiration of a regularly approved leave, the employee shall be reinstated in the position held at the
time the leave was granted. The employee shall report promptly upon the expiration of any leave
granted. Failure to report within a twenty-four (24) hour period after expiration of the leave shall be
considered a voluntary resignation, provided that the employee may appeal this automatic
termination through the grievance procedure as though it were a non -voluntary termination. No
employment or fringe benefits such as, but not limited to, sick leave, vacation, health insurance,
retirement or any other benefit shall accrue to any employee during leave of absence without pay.
Section 2. 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 without prior approval of the City Manager shall be subject
to termination. Any employee who falsified a reason for the request for said leave of absence or any
extension of such leave of absence may be terminated for falsifying such request.
Section 4. Sick Leave
A. Sick Leave Accruals. Sick leave shall be accrued at the rate of 4.615 hours per
biweekly pay period (120 hours per year) for full-time employees without limit on accumulation. Sick
leave shall not be considered to be a privilege which an employee may use at his discretion, but
rather shall be allowed only for the purposes specified below in Section B.
B. Use of Sick Leave. The first three (3) shifts or hours equivalent (e.g. 37.5 hours for
employees assigned to a 3/12 work schedule, thirty (30) hours for employees assigned to a 4/10
work schedule, or twenty-four (24) hours for an employee on a 5/8 hour work schedule) of paid sick
12
leave taken each twelve (12) month period, for any authorized purpose, will be considered sick leave
used pursuant to the Healthy Workplaces, Healthy Families Act of 2014 (California Labor Code
sections 245-249). The twelve (12) month period is July 1 through June 30. For employees hired on
or after July 1, 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 12-month period will
begin the start of the pay period which includes July 1 to the pay period that includes June 30.
1. Employees can use sick leave for themselves for preventive care (such as flu shots
or physical exams) or care of an existing health condition;
2. Employees can use sick leave for the diagnosis, care, or treatment of an existing
health condition of, or preventive care for, an employee's child, parent, spouse or
registered domestic partner. Only the first three (3) shifts or hours equivalent of sick
leave an employee uses in a twelve (12) month period can be used for the diagnosis,
care, or treatment of an existing health condition of, or preventive care for, an
employee's sibling, parents -in-law, grandparent or grandchild; or
3. Employees can use sick leave for specified purposes if they are victims of domestic
violence, sexual assault or stalking as set forth in California Labor Code section
230(f) and 230.1(a).
C. In order to receive compensation while absent on sick leave, the employee shall notify a
designated supervisor prior to or within half (1/2) an hour of the time set for beginning duty. In all
instances, if an employee is incapacitated, notification shall be waived until a reasonable period has
elapsed. For any such absence, the employee shall file a written statement with the Police Chief
stating the cause of the absence. When an employee has taken more than three (3) consecutive
work shifts or hours equivalent, the Police Chief may require a physician's certificate stating the
cause for any subsequent absence before said leave shall be approved by the Police Chief unless
the absence is for a statutorily protected leave.
D. The right to benefits under the sick leave plan shall continue only during the period that
the employee is employed by the City. This plan shall not give any employee the right to be retained
in the service of the City, or any right of claim to sickness disability benefits after separation from the
service of the City, except as required by federal or state law.
E. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason of
injuries or disability received as a result in engaging in employment other than employment by the
City for monetary gain or other compensation, or by reason of engaging in business or activity for
monetary gain or other compensation other than business or activity connected with City
employment.
F. At the written request of the appointing authority, based upon job -related grounds and
consistent with business necessity, the City Manager may require an employee to submit to an
examination by the City's physician to determine fitness for duty. Any employee so examined shall
have the opportunity to submit the reports of a competent medical authority of his own selection, and
at his own expense, in addition to the report submitted by the City physician. In the event of a conflict
of opinion and/or recommendation of the two physicians, a third physician shall be selected by the
first two physicians and the final decision shall be made by the City Manager based upon the
medical evidence submitted to him.
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G. Unused Sick Leave Deposited into City Retirement Health Savings Plan.
1. Upon retirement of an eligible employee, 100% of the employee's unused
accumulated sick leave up to a maximum of nineteen hundred (1,900) hours shall be
deposited into the City Retirement Health Savings Plan to be used for eligible
medical expenses.
2. In the event an opinion letter from the Internal Revenue Service is obtained which
confirms that employees may elect either to (1) convert unused sick leave to another
form of leave prior to retirement; or (2) apply those hours to future medical expenses
without being taxed, the City agrees that it shall, at the request of the Association,
delete this Section H from the MOU and reinstate the option to convert 65% of
unused sick leave to another form of leave (to be agreed upon) or to roll over 90%
into the City Retirement Health Savings Plan.
H. Accrued sick leave shall be valued for the purpose of Section G above for employees
hired on or after June 30, 1974, only on the following basis:
1. Sick leave earned on or after July 1,1974, shall be calculated at the rate prevailing at
the end of the fiscal year in which it was earned.
2. Sick leave taken shall be deducted from the oldest, lowest value accrued sick leave
first, provided, however, when an employee takes sick leave, the employee shall
receive for each day of sick leave one (1) day's pay at the employee's rate of pay in
effect at the time of taking sick leave. For covered employees hired prior to June 30,
1974; and/ or retirees with 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 paid at the prevailing rate.
I. Employees who become entitled to accrued sick leave allowance which has not been
used, may convert sixteen (16) hours of accumulated sick leave to eight (8) additional hours of
vacation, after having accumulated three -hundred sixty (360) hours of sick leave and providing that
not more than eighty (80) hours of additional vacation days may be so converted in any one (1)
fiscal year.
Section 5. Bereavement Leave.
A. Any employee who has suffered a death of an immediate family member maybe allowed
bereavement leave with pay not to exceed six (6) work days per incident on the basis of one-half
(1/2) work day for each month of regular employment, which is deducted from the employee's
accumulated sick leave. 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 Chief of Police or
their designee.
Section 6. Workers' Compensation Injury on Duty. Employees covered bythis Agreement
shall be entitled to all rights provided under Section 4850 of the Labor Code.
14
Section 7. Employee Disability Leave.
A. An employee that has at least one year of continuous service with the City and who has
exhausted all accrued leave (vacation, sick -leave, comp time) due to non -industrial illness or injury
can be advanced sick leave time at the rate of 75% of the employee's regular salary according to
the following table:
Maximum Time Allowance (Hours)
Years of Service Total Hours
1 through 5 360
6 through 10 544
Over 10 720
B. Application for disability leave shall be made by the employee to the City Manager
through the department head, accompanied by full medical justification from a physician chosen by
the City at the direction of the City. Failure to submit to such an examination shall be a basis for
terminating disability leave. If the City Manager approves the application, he shall notify the
employee of such approval in writing.
C. After the employee returns to work, the employee shall reimburse the City for the value of
the advanced sick -leave time by having the employee's sick leave accrual for sick -leave reduced by
five 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 -mat 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 8. Military Leave. Military Leave shall be granted in accordance with the provisions
of state and/or federal law. All employees entitled to military leave shall give the appointing power an
15
opportunity, within the limits of military regulations to determine when such leave shall be taken.
Section 9. Jury Duty. Employees who are called for jury duty shall be granted a leave of
absence during the period of jury service. The City will pay the difference between the employee's
compensation for jury duty and his regular rate of pay. Time served by an employee for jury service
shall not be counted towards the computation of overtime pay and employees shall not receive
overtime pay for participating in jury service.
Section 10. Physical Fitness Leave. All employees are eligible to earn up to eighty (80)
hours of Physical Fitness Leave per calendar year. Such hours are earned on a calendar quarterly
basis and are credited in the quarter following the quarter in which it was earned. The earning of
these hours is voluntary on the part of each employee.
Physical Fitness Leave hours are earned based on the following schedule: Ten (10) hours
for fitness testing results achieved and rated as "Good" and twenty (20) hours for results rated as
"Excellent." All fitness testing for purposes of this provision is conducted by a member(s) of the
Downey Police Department Physical Fitness Committee.
Independent of regular fitness testing above, every employee has the opportunity to earn an
additional ten (10) hours of Physical Fitness Leave provided the medical examination and other
requirements of the program are met.
Earned physical fitness hours are intended to be used to cover authorized time off. Any
unused Physical Fitness Leave balance shall be paid out in February in the following calendar year.
If an employee has a Physical Fitness leave bank of one hundred (100) hours, the employee is
ineligible to accrue any additional time.
Physical fitness testing standards and procedures shall be established by the Police
Department.
ARTICLE IX
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that exist during the term of this Memorandum of
Understanding except dental insurance.
Section 2. Selection and Funding. In the administration of the fringe benefit programs, the
City shall have the right to select any insurance carrier or other method of providing coverage to
fund the benefits included under the terms of this Memorandum of Understanding, provided that the
benefits of the employees shall be no less than those in existence as of the implementation of this
Agreement.
Section 3. Changes. If, during the term of this Memorandum of Understanding, any
changes of insurance carrier or method of funding for any benefit provided hereunder occurs, the
City shall meet with the Association to discuss the matter prior to any change of insurance carrier or
method of funding the coverage.
W.
ARTICLE X
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance.
A. During the term of this MOU, the City agrees to pay one hundred percent (100%) of the
premium rate increases for medical insurance for employees hired by the City prior to January 12,
2016. City paid medical coverage will include employee plus their qualified dependent(s) up to the
highest premium rates for a Preferred Provider Option (PPO) medical plan offered by CaIPERS.
B. During the term of this MOU, the City agrees to pay 100% of the premium rate increases
for medical insurance for employees hired on or after January 12, 2016. Such City paid medical
coverage will include employee plus their qualified dependent(s) up to the premium rates for the
Kaiser HMO medical plan offered by CalPERS. If an employee elects a higher cost CalPERS plan,
he must pay the difference in premium between that plan and the Kaiser HMO plan premium for his
respective eligible level of coverage.
C. The stated amounts of City paid medical premiums are inclusive of the CaIPERS
statutory minimum employer contribution under PEMHCA.
D. Employee Opt Out of Medical Coverage. The City agrees to permit an employee to opt
out of City -sponsored medical coverage as follows:
1. The employee must present proof to the Human Resources Director or designee that
he and his qualified dependent(s) are covered by another non -City -sponsored
medical plan for the plan year;
2. The employee must sign a statement acknowledging the opt out of City offered
medical insurance coverage and agreement to hold the City harmless for any
consequences, whatsoever, that result from the employee's waiver of City offered
medical insurance coverage for employee and/or qualified dependent(s); and
3. The employee must sign a statement acknowledging his understanding that his
qualified dependent(s) are not eligible to re -enroll in City sponsored medical
coverage until the next Open Enrollment period or as otherwise required by law
under COBRA provisions.
Effective the first pay cycle in January 2018 in which medical opt out is due, the City agrees
that the employee who is approved to opt out of medical coverage shall receive compensation for
one of the following, depending on the level of non -City sponsored coverage the employee has
provided proof of having:
a. Three hundred dollars ($300.00) per month if waiver eligibility is for "employee only"
coverage.
b. Four hundred and fifty dollars ($450.00) per month if waiver eligibility is for
"employee plus one" coverage.
c. Six hundred and fifty dollars ($650.00) per month if waiver eligibility is for "employee
plus two or more dependents" coverage.
17
The eligible amount will be paid to the employee as taxable earnings. A medical opt out
election may only be made during an announced Open Enrollment period for medical insurance
changes effective January 1.
Section 2. Dental.
A. HMO Dental Plan. The City shall continue its contribution of thirty-one dollars and ninety-
five cents ($31.95) per month towards a HMO dental benefit plan for employee and his qualified
dependent(s). Any amount necessary to cover the monthly premium in excess of the City's
contribution is the responsibility of the employee.
B. Delta Dental PPO Plan. The City shall maintain its Delta Dental PPO plan, which is a
self -funded plan administered by Delta Dental, and agrees to maintain the employee's contribution
rate of fifty-two percent (52%) towards the total monthly premium.
1. Plan premiums are calculated annually based on the prior year's claims experience,
administrative fees, and an industry trending projection. This calculation shall be
conducted by Delta Dental for communication by the City during the announced
annual Open Enrollment period.
2. For cost effectiveness that is mutually beneficial to the City and the Association, the
City will continue to evaluate other Delta Dental plan coverage options for
implementation to reduce premiums and/or employee out of pocket costs for
consideration of a change from a current composite rate to a three-tier rate structure
("Employee only; Employee plus one dependent; and, Employee plus two or more
dependents") for monthly premiums effective January 1. In addition, the City changes
from a June Open Enrollment to the Open Enrollment Period that coincides with
CalPERS medical plan for changes effective January 1. There will be no changes in
dental plan coverage without agreement of the parties. The annual CalPERS
medical Open Enrollment Period is held generally during September through
October.
Section 3. Life Insurance. 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)
ARTICLE XI
:44TN
Section 1. CalPERS Coverage. Employees covered by this Agreement participate in the
Public Employees' Retirement System ("CALPERS"). Employee options are described in a contract
between the City of Downey and CaIPERS.
Section 2. Retirement Formula and Contributions.
A. FIRST TIER.
1. Employees hired in a safety classification prior to October 10, 2012 shall be provided
18
the 3% at 50 retirement formula as set forth in California Government Code Section
21362.2.
a. In accordance with existing practice and Government Code sections 20636(c)(4)
and 20691, the City will pay the employees' statutorily required member
contribution of nine percent (9%) and report this Employer Paid Member
Contribution ("EPMC") to CalPERS as special compensation.
b. Effective the pay period that includes July 1, 2015, employees in the first tier
shall have deducted a total of six percent (6%) of CaIPERS reportable
compensation, on a pre-tax basis, pursuant to Government Code Section 20516
M.
c. The City has passed a resolution setting forth that all deductions or contributions
under this Section shall be regarded as a pick-up of retirement costs pursuant
IRC 414(h)(2).
d. First tier benefits are available only to "classic" members (i.e., those members
that do not meet the statutory definition of "new member" under the California
Public Employees' Pension Reform Act ("PEPRA"), specifically Government
Code section 7522.04(f) and who were hired prior to October 10, 2012).
B. SECOND TIER.
1. Employees hired into a safety classification on or after October 10, 2012, but before
January 1, 2013, shall receive the 3% at 55 retirement formula pursuant to California
Government Code Section 21363.1.
a. Employees covered hereunder shall pay, on a pre-tax basis, the nine percent
(9%) statutorily required member contribution to CalPERS.
b. The City has passed a resolution setting forth that all deductions or contributions
under this Section shall be regarded as a pick-up of retirement costs pursuant
IRC 414(h)(2).
c. Second tier benefits are available only to "classic" members (i.e., those members
that do not meet the statutory definition of "new member" under the California
Public Employees' Pension Reform Act ("PEPRA"), specifically Government
Code section 7522.04(f) and hired on or after October 10, 2012, but before
January 1, 2013.
C. THIRD TIER ("PEPRA" TIER)
1. Employees who meet the definition of "new member" set forth in Government Code
section 7522.04(f) shall be eligible for the benefits provided by PEPRA, which
include but are not limited to the following:
a. Retirement formula of 2.7% @ 57 (Government Code section 7522.25);
b. Employees covered hereunder shall pay a member contribution of fifty percent
(50%) of normal cost as determined from time to time by CalPERS (employee
19
contribution is twelve and one-fourth percent (12.25%) for FY 2015-2016);
c. There shall be no Employer Paid Member Contribution (EPMC) by the City;
d. Retirement benefit calculations shall be based on pensionable compensation, as
defined by Government Code section 7522.34; and
e. Retirement benefits shall be calculated based on the three (3) year highest
average annual pensionable compensation.
Section 3. City Contribution to Retiree Retirement Health Savings (RHS) Plan.
A. City Contribution to RHS Plan. The City will contribute the following monthly amount
toward an employee's RHS account. This contribution is inclusive of the Public Employees' Medical
and Hospital Care Act (PEMHCA) statutory minimum employer contribution as specified in Cal.
Government Code § 22892(c):
Employees who retire after July 1, 1987 - $ 98.00
Employees who retire after July 1, 2002 - $ 200.00
Employees who retire after July 1, 2003 - $ 235.00
Employees who retire after July 1, 2004 - $ 270.00
These City contribution amounts shall be referred to herein as the "retiree medical
contribution."
As a result of the City contracting for CalPERS medical insurance pursuant to PEMHCA
provisions effective October 1, 2012, the following revisions are in effect to avoid an increase cost to
the City's mandated contribution for retirees:
B. Eligibility Requirements. Subject to meeting eligibility criteria below, the maximum
monthly City contribution amount specified in Section A shall be deposited on a quarterly basis to
the retiree's RHS account for the reimbursement of qualified medical expenditures. To be eligible to
enroll in the City's CalPERS health plans, pursuant to CalPERS rules and regulations, and receive
the maximum monthly City contribution amount specified in Section A above, the employee must
satisfy the following eligibility criteria:
1. At the time of retirement the employee has a minimum often (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
20
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.
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
TUITION REIMBURSEMENT
Section 1. Reimbursement Rates. With prior approval of the City Manager, employees may
be reimbursed for tuition and required 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
21
passing grade in order to be reimbursed for the course. Reimbursement shall be made at the rate of
tuition charged at California State University, Long Beach for courses on the semester system.
Courses on the quarter system shall be reimbursed at the unit equivalent California State University,
Long Beach tuition amounts.
ARTICLE XIII
PROBATIONARY PERIOD
Section 1. Length of Probation / Extensions.
A. The appointment to Police Officer will be tentative and subject to a probationary period of
not less than eighteen (18) months, except that the City Manager may extend the probationary
period for a classification up to an additional six (6) months or for a marginal employee for up to an
additional three (3) months. Should the appointing authority desire to terminate any probationary
employee, the appointing authority shall notify such employee not later than two (2) weeks prior to
the end of the probationary period.
B. The promotional appointment will be tentative and subject to a probationary period of not
less than 12 months, except as follows:
1. At the discretion of the Chief, time may be credited for continual service as a
Temporary Sergeant on a case -by -case basis and the length of the probationary
period/merit increase date will be established at the time the Officer is promoted to
probationary Sergeant. In no case will the credited time exceed six months.
2. Time is credited for Temporary Appointment only (no Acting Pay service as covered
under MOU Article III, Section 13) and only when the Officer is appointed to
Probationary Sergeant while serving as a Temporary Sergeant with no break in
service time.
3. In the event an Officer is serving in a Temporary Appointment when the Police
Sergeant eligibility list expires, the Officer will be required to reapply and compete in
the selection process to maintain eligibility. Should the Officer not place in the top tier
on the new eligibility list, the Officer will be removed from the Temporary
appointment and the Chief will make the Temporary appointment per M.O.U. Article
III, Section 14.
Section 2. Process for Retention / Termination. If the service of the probationary
employee has been satisfactory to the appointing authority, then the appointing authority shall file
with the Director of Human Resources a merit rating including a statement, in writing, to such effect
and stating that the retention of such employee in the service of the City is desired. In the case of an
original appointment, if such a statement is not filed, the employee will be deemed to be
unsatisfactory and his employment terminated at the expiration of the probationary period. In the
case of a promotional appointment, the employee shall be reinstated to the position from which he
was promoted.
Section 3. First of the Month. All probationary periods shall extend to the first day of the
month following the period of probation.
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ARTICLE XIV
SENIORITY
Section 1. Definition. Seniority is defined as the length of an employee's continuous service
within rank from his last date of promotion, and shall apply in the manner and to the extent set forth
in the remainder of the Article.
Section 2. Probationary Employees Excluded. Probationary employees shall have no
seniority rights, but shall acquire seniority from his last date of hire upon completion of his
probationary period.
Section 3. Layoff and Recall. Seniority shall apply between employees in a rank for
purposes of layoff and recall.
Section 4. Bumping Rights. An employee who is subject to layoff pursuant to this Section
may exercise his seniority in the next lower rank within the Police Department provided that the
employee has satisfactorily held the same position in the rank in which the employee seeks to
exercise seniority. The employee with the earliest promotion date to that rank will be considered to
have seniority for that position.
Section 5. Seniority Bidding. With respect to work assignments in the Field Operations
Division, work shifts, days off, and vacation will be based upon seniority within classification and
special assignments. Shift selection procedures involving employee bidding based upon seniority
shall be employed regularly, provided that the Chief of Police shall retain the authority and discretion
to assign unit employees to shift scheduling without regard to seniority and to ensure that a balance
of experienced personnel are assigned to the respective shifts.
If, in the opinion of the Chief of Police, it should become necessary to establish shift
assignment procedures departing from seniority bidding, the Chief of Police shall give written notice
of such change as far in advance as practical. Prior to implementing such a general change, the
Chief of Police shall meet and confer with the Association regarding the impact of the decision.
ARTICLE XV
CITY RIGHTS
Section 1. Management Rights. The City reserves, retains, and is vested with, solely and
exclusively, all rights of management which have not been expressly abridged by specific provisions
of the Memorandum of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The rights of management, as they are not
abridged by this Agreement or by law, shall include, but not be limited to the following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the necessity and organization of any service or activity conducted by the
City and expand or diminish services.
C. To determine or change the nature, manner, means, and technology, types of equipment
and extent of services to be provided to the public.
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D. To determine or change methods of financing.
E. To determine and/or change the facilities and size of the work force by which the City
operations are to be conducted.
F. To determine and change the number of locations, relocations and types of operations,
processes and materials to be used in carrying out all City functions.
G. Establish and/or change work schedules and/or work assignments in accordance with
this Agreement and existing departmental rules, regulations and procedures.
H. To relieve employees from duties for lack of work or lack of funds.
I. To establish and modify productivity and performance programs and standards and to
require compliance therewith.
J. To discharge, suspend, demote or otherwise discipline regular (non -probationary)
employees for proper cause.
K. To hire, transfer, promote and demote employees for non -disciplinary reasons in
accordance with this Memorandum of Understanding.
L. To determine policies, procedures and standards for selection, training and promotion of
employees.
M. To maintain order and efficiency in its facilities and operation.
N. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
O. To take any and all necessary actions to carry out the mission of the Agency in
emergencies.
Section 2. Impact of Management Rights. Except in emergencies, or where the City is
required to make changes in its operations because of the requirements of law, whenever the
exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to
meet and confer with representatives of the Association regarding the impact of the exercise of such
rights, unless the matter of the exercise of such rights is specifically provided for in this
Memorandum of Understanding or in Personnel or Departmental Rules and Regulations and/or
salary resolutions of the City which are incorporated by this reference in this Agreement.
Section 3. Health and Safety. The City shall not exercise any of the foregoing rights in an
arbitrary, capricious or invidiously discriminatory manner as to injure the health and/or safety of the
employees.
ARTICLE XVI
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES
Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay of
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all employees in the classifications and positions recognized to be represented by the Association
who voluntarily authorize such deduction, in writing, on a mutually agreed upon form to be provided
for this purpose. The City shall remit such funds to the Association within thirty (30) days following
their deduction.
Section 2. Indemnification. The Association agrees to hold the City harmless and
indemnify the City against any claims, causes of actions or lawsuits arising out of the deduction or
transmittal of such funds to the Association, except the intentional failure of the City to transmit to
the Association monies deducted for the employees pursuant to this Article.
ARTICLE XVII
NO STRIKE - NO LOCKOUT
:1*]:11 __] 19 4 0KC*J Z1011D&
Section 1. The Association, its officers, agents, representatives and/or employees agree
that during the term of this Agreement they will not cause or condone any strike, walkout, slowdown,
sick-out, or any other job action by withholding or refusing to perform services.
Section 2. 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 I 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 Association
Responsibility, Section I, the City may suspend any and all of the rights and privileges, accorded to
the Association under the Employee Relations Resolution in this Memorandum of Understanding
including, but not limited to, suspension of recognition of the Association, grievance procedure, right
of access, check -off, the use of the City's bulletin boards and facilities.
ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or
employees engage in any of the conduct prohibited in A, Section I, above, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of this
Memorandum of Understanding and unlawful, and they must immediately cease engaging in
conduct prohibited in A, Section 1, above, and return to work.
Section 2. If the Association performs all of the responsibilities set forth in Section I above,
its officers, agents, representatives or employees shall not be liable for damages for prohibited
conduct performed by employees who are covered by this Agreement in violation of Section I above.
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ARTICLE XVIII
GRIEVANCE PROCEDURE
Section 1. Grievance. Grievance shall be defined as a dispute between the Association,
employee or employees and the City, regarding interpretation or application of specific provisions of
this Memorandum of Understanding and departmental rules and regulations or as an appeal of a
disciplinary action. Notwithstanding the procedures set forth below, the Officer shall not be entitled
to respond to a written reprimand prior to its imposition, i.e., an officer shall not be entitled to receive
a hearing akin to a Skelly hearing or other pre -disciplinary appeal hearing prior to issuance of the
written reprimand.
Section 2. Conduct of the Grievance Procedure. An employee may request the
assistance of another person of his own choosing in preparing and presenting his/her grievance at
any level of review, or may be represented by a recognized employee organization or may represent
himself/herself.
A. Any retroactivity on monetary grievances shall be limited to ninety (90) days prior to the
date that the grievance was filed, in writing, except in cases where it was impossible for the
employee to have had prior knowledge of an accounting error.
B. All time limits specified may be extended to a definite date by mutual agreement of the
employee or his Association representative, and the decision -making Management representative
involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in
writing and signed by the employee or Association representative and management representative.
Section 3. Grievance procedure shall provide for the following steps:
Step One. Informal Procedure. An employee must first attempt to resolve a grievance
without delay through discussion with a supervisor on an informal basis. The grievance shall begin
at the level of supervision that ultimately took the action that resulted in the grievance. If, after such
discussion, the employee does not believe the problem has been satisfactorily resolved, he/she
shall have the right and obligation to discuss it with his/her supervisor's immediate superior, if any,
and through the chain of command to the Chief of Police if necessary. Every effort shall be made to
find an acceptable solution by these informal means at the most immediate level of supervision. At
no time may an informal process go beyond the Chief of Police. In order that this informal procedure
may be responsive, all parties involved shall expedite this process.
In no case may more than fourteen (14) calendar days elapse from the date of the alleged
incident or action giving use to the grievance or fourteen (14) calendar days from the date the
employee should have reasonably known about the alleged incident and the first meeting with the
supervisor discussed in this section. The employee shall have up to seven (7) additional days for
each level of supervision; however, the time shall not be cumulative. Failure to meet any of these
time lines shall mean that the grievance shall be barred and waived.
Appeals of disciplinary action begin one level of supervision above the supervisor taking the
disciplinary action. Terminations are appealed directly to the Grievance Hearing (Step Four).
Step Two. Formal Procedure. If the grievance is not resolved through the informal process
and the employee has complied with all time limits, then the employee shall have the right to file the
grievance in written form and present it to the Chief of Police within ten (10) calendar days from the
26
decision or completion of the informal process. The written grievance shall state all facts plus the
specifics of the alleged dispute. Failure of the employee to take action within the time limit set forth
above will constitute termination of the grievance.
The Chief of Police shall review the written material submitted by the employee and may
require the employee's supervisor and/or superior Officers to submit written material regarding this
grievance. Copies of these materials will be given to the employee prior to meeting with the Chief of
Police. The department head shall render a decision and comments in writing that shall be given to
the employee within ten (10) calendar days of the meeting between the employee and the
department head.
Step Three. Employee Relations / Human Resources Director. If the grievance is not
resolved in Step Two, the employee may, within ten (10) calendar days present the grievance in
writing to the Employee Relations/Human Resources Director for processing. Failure of the
employee to take this action will constitute termination of the grievance. In the event the employee is
not being represented by a recognized employee organization, the Employee Relations/Human
Resources Director shall forward the grievance to the designated management representative who
shall attempt to resolve the grievance with the employee. If the employee is being represented by a
recognized employee organization, the Employee Relations/Human Resources Director shall
convene a joint meeting of the recognized employee organization and management representative
who shall attempt to resolve the grievance. In the event the grievance is not satisfactorily adjusted or
settled through discussion at this level, both parties shall advise each other, in writing, as to their
respective positions.
Step Four. Grievance Hearing.
A. Disputes concerning the MOU, Department Rules, and Regulations and Appeal of
Discipline (Excluding Written Reprimands)
For any grievance, apart from the appeal of a written reprimand, that is not resolved in Step
Three, the employee may, within ten (10) calendar days of the receipt of the written position from
management representatives, present a "request for hearing" in writing to the Human Resources
Director. Failure of the employee to take this action will constitute termination of the grievance. The
Human Resources Director shall request from the State Mediation and Conciliation Service, or
mutually agreed upon alternative organization, a list of seven (7) neutral hearing officers. In the
event that the parties cannot agree upon a mutually acceptable hearing officer from the list of seven,
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.
B. Appeal of Written Reprimand
1. For any grievance that constitutes the appeal of a written reprimand that is not
resolved in Step Three, the employee may, within ten (10) calendar days of the
receipt of the written position from management representatives, present a "request
for hearing" in writing to the Human Resources Director and may also submit their
27
position regarding the City Manager's actual bias or a conflict of interest to serve as
the hearing officer. The Human Resources Director shall make the determination as
to whether an actual bias or a conflict of interest exists. Failure of the employee to
present a "request for hearing" will constitute termination of the grievance.
2. Unless the employee can demonstrate actual bias or a conflict of interest, the City
Manager may serve as a hearing officer that shall preside over a full and fair
evidentiary hearing. The City Manager shall have twenty-one (21) calendar days
from receipt of the notice of appeal to designate himself as the hearing officer or
appoint a neutral hearing officer who is not embroiled in the controversy, i.e., a
person who did not initiate or authorize the action in question.
3. The hearing shall be stenographically recorded by a certified court reporter. The per
diem cost of the court reporter shall be equally borne by the parties. The cost to
receive a transcript of the hearing shall be borne by the party requesting the
transcript.
4. The formal rules of evidence do not apply, although the hearing officer shall have
discretion to exclude evidence which is incompetent, irrelevant or cumulative.
5. The presentation of witness testimony shall not exceed three (3) hours from each
side and an additional one (1) hour shall be given to each for rebuttal. The
Department shall be heard first. The hearing officer shall have the discretion to
extend these times at his discretion.
6. If the City Manager serves as the hearing officer, he shall issue his decision within
thirty days of the conclusion of the presentation of evidence. The City Manager's
decision shall be the final administrative decision. In the event that the City Manager
appoints a hearing officer, the appointed hearing officer, within thirty (30) days of the
conclusion of evidence, shall serve in an advisory capacity and shall be responsible
for making recommended findings of fact and issuing an advisory decision to the City
Manager. The City Manager, within thirty (30) days of receipt of the advisory findings
and decision from the appointed hearing officer, may adopt, modify, or reject the
hearing officer's recommendations and advisory decision and the City Manager's
decision shall be the final administrative decision.
7. A grievance that constitutes the appeal of a written reprimand is not subject to Step
Five of the grievance procedure set forth in this Article.
Step Five. City Manager's Decision. Within thirty (30) calendar days of receipt of the
decision of the hearing officer, the City Manager shall, in writing, adopt, modify or reject that
decision. The decision of the City Manager shall be the final administrative decision.
ARTICLE XIX
MISCELLANEOUS
Section 1. Third Party Legal Actions Against Police Officers. If a determination is made
by the department that the police Officer(s) involved have met the condition that the action given rise
28
to the legal proceeding was taken bythe Cfficer(s)during the course and scope of the )
employment without malice and in the apparent best interest of the City, the City shall afford legal
representation to the Officer(s) in any civil or criminal process. The choice of attorney shall be made
by the majority vote of the Chief of Po|ica, City Manager, and CJffiuer/a\. The Chief of Po|ioa, City
Manager and the officer(s) shall each have one (1) vote for a maximum total of three (3) votes.
Section 2'Substance Abuse Policy. The City ofDowney and the Association have ovital
interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a
drug or alcohol On the job may pOSS SehOUS safety and health hSkS 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. ''{}n 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 pavchO|OgiC8| well-being of all employees. The City and the /\SSOCi8dOn nnUtU8Uy
acknowledge that 8 drug and alcohol -free work environment benefits OOvvn8y/Semployees and
The purpose of this section is to define the City'S drug and 8|COhO| policy as well as the
possible consequences of policy violation.
A. Possession, sale, use or being under the influence of drugs or alcohol while on the jobis
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
[OediC8| eX@OOiO8dOD, including, but not limited to, 8 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 O[alcohol SOthat the employee's ability tOperform the functions Ufthe job is
impaired O[SOthat the eDlp|Oy88'S ability to p8rfO[O0 his/her job S@fB|y 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 tosubmit ioosubstance abuse screening may request toborepresented. 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 SUbStGnC8 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, urdesignee, shall transport the suspected employee to the tgaUnQ
f8Ci|ib/ TgSUD0 Sh8U occur on City time and be paid for by the City. Employee uhD8 S8Olp|8S. or
other body fluids, will be COU8CUed in 8 [}[))( S8Cuhb/ Container System O[other system which
includes methods or mechanisms designed to assure the integrity of the sample. The facility used
for testing Sh@|| be certified by the N@UUD@| Institute OD Drug Abuse and comply with established
guidelines for "chain of custody" to ensure that identity and integrity Ofthe S8Dlp|8 is preserved
29
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 sea violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or dangerous
machinery or equipment while taking any kind of medication or drugs which are clearly marked that
they may cause significant drowsiness or impair an employee's performance. An employee shall
notify his/her supervisor, before beginning work, when taking such medications or drugs. In the
event there is a question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from a physician designated by the City
may be required. The City reserves the right to send an employee home on sick leave under these
circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily in
the City -sponsored Employee Assistance Program (EAP). Assistance through the EAP may be
sought by an employee with complete confidentiality and without adverse consequences to his/her
employment. Employees should be aware, however, that a request for assistance through the EAP
will not insulate the employee from disciplinary action already contemplated. Depending upon the
facts surrounding the reasonable suspicion determination, positive test result, and/or other violation
of this policy or other City/department rules and regulations, the City may refer an employee to the
EAP. Such referral could, at the discretion of the City, be made available to the employee as an
alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll,
participate in and successfully complete a rehabilitation and/or counseling program and other terms
and conditions in a "Last Chance Agreement." An example of the type of terms and conditions the
City may require is included in Attachments I and II.
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 3. Industrial Disability Retirement Procedures. The City Manager may delegate
to the Assistant City Manager his authority under Resolution Number 4428 concerning industrial
disability retirement applications.
Section 4. No Tobacco Policy. The City of Downey prohibits new hires (employees
hired on or after December 10, 1993) from using tobacco products either on or off duty. Except,
however, employees are allowed an occasional off -duty celebratory cigar.
ARTICLE XX
• ; ► 9 ► 119 1:4:81l 1l • ; G i 1 •
Section 1. It is the intent of the parties hereto that the provisions of this Memorandum of
Understanding shall supersede all prior agreements and memorandums of understanding, or
30
memorandums of agreement, or contrary salary and/or personnel resolutions and ordinances of the
City, oral or written, expressed or implied, agreements between the parties or understandings
between the parties, and shall govern their entire relationship and shall be the sole source of any
and all rights which may be asserted hereunder. This Memorandum of Understanding is not
intended to conflict with Federal or State Law.
Section 2. Notwithstanding the provisions of Section 1 above, there exists within the City of
Downey, certain personnel resolutions, ordinances, and departmental rules, regulations and
procedures. To the extent that this Memorandum does not specifically contravene provisions of
these personnel resolutions, ordinances, and departmental rules, regulations and procedures; these
personnel resolutions, ordinances, and departmental rules, regulations and procedures are
specifically incorporated herein.
ARTICLE XXI
WAIVER OF BARGAINING DURING TERM OF THIS AGREEMENT
During the term of this Memorandum of Understanding, the parties mutually agree that they
will not seek to negotiate or bargain with regard to wages, hours, and terms and conditions of
employment, whether or not covered by this Memorandum or in the negotiations leading thereto and
irrespective of whether or not such matters were discussed or were within the contemplation of the
parties hereto during the negotiations leading to this Memorandum. Regardless of the waiver
contained in this Article, the parties may, however, by mutual agreement, in writing, agree to meet
and confer about any matters during the term of this Memorandum.
ARTICLE XXII
Section 1. The parties agree that the City can re -open negotiations to achieve labor cost
savings during the term of this Agreement, however, there shall be no changes unless mutually
agreed to in writing.
Section 2. The parties agree to reopen discussions during the term of this agreement
regarding changes to the City's Cafeteria Plan to ensure compliance with legal requirements. No
changes to the Cafeteria Plan shall be made unless mutually agreed to in writing.
ARTICLE XXIII
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood,
insurrection, civil disorder, national emergency, or similar circumstances, provisions of this
Memorandum of Understanding or the City's Personnel Rules and Regulations or Resolutions of the
City, which restrict the City's ability to respond to these emergencies, shall be suspended for the
duration of such emergency. After the emergency is over, the Association shall have the right to
meet and confer with the City regarding the impact on employees of the suspension of these
31
provisions in the Memorandum of Understanding and the City's Personnel Rules and Regulations
and policies.
ARTICLE XXIV
SEPARABILITY
Should any provision of this Memorandum of Understanding be found to be inoperative, void,
or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of
Understanding shall remain in full force and effect for the duration of this Memorandum of
Understanding.
ARTICLE XXV
TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on July 1, 2020 and shall
continue in full force and effect until December 31, 2022.
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RATIFICATION AND EXECUTION
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 2Othday ofMay, 2O20.
CITY OF DOWNEY:
In
John Oskoui, Asst. City Manager
James McQueen, HR Director
THE DO00NEYPOLICE OFFYCERS'ASSOCN\T$ON:
`
By: By:
Ralph Oiaz, President
Christopher Kurtz, Vice President
Justin Prentice, Treasurer
Timothy McCarthy, Secretary
Boady Sherman, Member at Large
W3
EXHIBIT A
CLASSIFICATIONS REPRESENTED BY THE DOWNEY POLICE OFFICERS, ASSOCIATION
Police Officer
Police Sergeant
PAY SCHEDULE
Effective 07/01/2020
Position Title
A
B
C
D
E
Police Officer
39.0729
41.2215
43.4889
45.8807
48.4046
Police Sergeant
49.7001
52.4343
55.3175
58.3598
61.5703
Effective 07/01/2021
Position Title
A
B
C
D
E
Police Officer
39.8544
42.0459
44.3587
46.7983
49.3727
Police Sergeant
50.6941
53.4830
56.4239
59.5270
62.8017
Effective 07/01/2022
Position Title
A
B
C
D
E
Police Officer
40.2529
42.4664
44.8023
47.2663
49.8664
Police Sergeant
51.2010
54.0178
56.9881
60.1223
63.4297
34