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Home My WebLink AboutResolution No. 20-7940 - Adopting Downey Police Officers Assoc. MOU (07-01-2020 - 12-31-2022)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 "DPOK 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES M-1E?EBY RESOLVE 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. APPROVED AND ADOPTED this 26 th day of L . .......... BLANCA PACHECO, Mayor AR AAL I C ilA D �UA R T A,- C City Clerk I HEREBY CERTIFY that the foregoing the City of Downey at a regular meeting held vote, to wit: AYES: Council Members: Ashton, Saab, Mayor Pacheco NOES: Council Member: None. ABSENT: Council Member: Rodriguez, Frometa ABSTAIN: Council Member: None. AR A VAL I C �IA D U �AP �E6 M City Clerk F:J �v: �-, i • • • RECOGNITION ARTICLE• NATION BASIC COMPENSATION Section- Adjustments I Retroactive` Section 4. is Step Reduction Section Longevity Section • Education Section Court Section Special :• L 9. Calculating the Value of Special Compensation (Spec Comp) ...... ---- .... 6 Section 11. Uniforms, Maintenance Allowance, and Reporting to CalPERS . ........ --- 7 SectionSection 13. F: 8 Section 14. •Sergeant8 Section 15. f: :•Sergeantj. Section 16. •WatchComma:• ARTICLE • • Section Regular Work Week•. Section 2. Normal Work • SectionWork Schedule ARTICLE (COMPENSATORYOVERTIME 9 Section Compensation for Overtime •. Section 2. OvertimeWorkto be • - f " i' ARTICLE AR ARTICLE LEAVES OF Section 1. of AbsenceWithout Section 2. Notice ofIntentto Section Section 5. I Section 9. D • Section 10. i ARTICLE 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. CaIPERS Coverage ................................................................................... 18 Section 3. City Contribution to Retiree Retirement Health Savings (RHS) Plan ... 20 -A Q1 F TUITION REIMBURSEMENT ......................................................................................... -- ...... 21 Section 1. Reimbursement Rates ................................................................................ 21 PROBATIONARY PERIOD ............................................................................................. -- .... 22 Section 1. Length of Probation / Extensions ............................................................. .... 22 Section 2. Process for Retention / Termination ...................................................... - .... — 22 Section 3. First of the Month .................................................................................... ...... — 22 ARTICLE XIV ............. 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. Indemncation ....................................................................................... ...... 25 ARTICLEXVII ....................................................................................................................... ----2-5 NO STRIKE - 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 ----------------------------------------------------------------------------------- — ------------------------------- -- MISCELLANEOUS......................................................................................................... 28 Section 1. Third Party Legal Actions Against Police Officers ............................... 28 Section 2. Substance Abuse Policy .......................................................................... 29 Section 3. Industrial Disability Retirement Procedures ......................................... --- 30 Section 4.No Tobacco Policy ARTICLEXX ................................................................................................................. ....... _ 30 SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING .............................. ........ 30 ARTICLE XXI .............................. * .................. D• WAIVER OF BARGAINING URING TERM OF THIS AGREEMENT .................... ......... _ 31 ARTICLEXXII ........................................................................... _1 RE -OPENER .......................................................................................................... ....... � 31 ARTICLEXXIII ................................................................................................................ .............. � 31 EMERGENCY WAIVER PROVISION ................................................................... ...... 31 ARTICLEXXIV .......................................................................................... SEPARABILITY..................................................................................................... ...... ... 32 ARTICLEXXV ............................................................................................................ ... __ __. 32 TERM OF MEMORANDUM OF UNDERSTANDING ................................................ 32 ARTICLEXXVI ................................................................................................ RATIFICATION AND EXECUTION ....................................................................... 33 EXHIBITA .................................................................................................................. 34 CLASSIFICATIONS REPRESENTED BY THE DOWNEY POLICE OFFICERS' ASSOCIATION...................................................................................................... ....... 34 PAYSCHEDULE ................................. __ ... __._ ............. ....... _._ ...... 34 THE CITY OF DOWNEY AND 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-K8i|ias-Brown Act, Government Code Section 35DOetaeq.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 orchanged. WWWOMUMM 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 35ODto3511. Section 2-The City and the Association agree that they shall not discriminate against any employee because of raoe, color, sax, ege, national ohgin, po|Ujoa| or religious opinions or affiliations. The City and the Association ohe|| reopen any provisions ofthis Agreement for the purpose of complying with any final order mfa 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 mrFederal anU-dieorinnination laws. Section 3. Whenever the masculine gender is used in this Memorandum of Understanding, it shall baunderstood toinclude the feminine gender. Section 4. The City and Association agree to comply with applicable State and Federal laws I DOX916Y , MT WT V P n I =I- I A. All employees covered by this Memorandum of Understanding shall receive the followi salary increases as referenced in Exhibit A: I 1. Effective the pay period that includes July 1, 2020, a two percent (2%) across t board base pay range increase. I 2. Effective the pay period that includes July 1, 2021, a two percent (2%) across 0-1- board base pay range increase. — -------------- — ----- ...... VIA rzlzm 166 ONOW (A through E). B. Hourly Equivalent Calculation. For payroll purposes, the base hourly equivalent of a (2,080) hours (forty (40) hours times fifty-two (52) weeks per year). 11 Ill 7111 �,'' 1 11 111 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. .440 - . o- z*_• - *_ - 0 -0 3. No salary advancement shall be made so as to exceed the maximum ratz established in the salary schedule for the class to which the employee's position is allocated. I twom 1. Advancement shall not be automatic but shall be based upon merit, dependent uperal increased service value of an employee to the City as exemplified recommendations of his supervisor, length of service, performance record speci training undertaken, and other objective evidence. 11 7 2. Only employees rated as meeting the standard of fully effective work performance shall be qualified to advance to the salary steps 8, 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. A. Eligibility for Lonaevitv 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. 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 Bachelor's degree units must have a minimum of forty (40) upper division semester units or sixty if quarter units. *lei on sick leave benefits, as described in Article Vill, Section 4, of this Agreement, or Workers' Compensation as described in Article Vill, Section 6, or when • at any grievance, City Council or other hearinrrr on behalf of himself another em-o.,loziee or the Associa . . . . . n, additional time or compensation as court time. M111cm- 1 . Off -duty employees shall •- compensated • the actual time required • co appearances, travel to and from court and reasonable preparation time (e.g., review reports, videos, etc.), • a minimum • • • whichever is greater, time and one half the employee's regular rate. Court appearances requirii extensive travel and preparation time, shall require advanced supervisory approv] 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 • receive equivalent compensatory time when appearing as a witness. 3. Standby Compensation. Minimum standby time for court assignments shall compensated at the rate of time and one-half (1.5) as follows: • EEGMEME= LOZIIIIIIIIIIIII 9 WrAl • c. Effective September 29, if: If the employee is called into court, • 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. u3m�• • 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. w - 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 61 caring, grooming, feeding and otherwise maintaining their assigned canine, in compliance with the FLSA and interpretive cases and rulings. Unless otherwise �Jsttj is M7WT= applies when the Motor Officer is performing training. I Lef Section. An example of the calculation method for a Police Officer without Motorcycle Pay who wor eighty (80) hours in a two week pay period is as follows: i 1. Longevity Pay (13.0%) 2. AA Education Incentive (7 %) Reportable Earnings @ 80 hrs. $3,542. Spec Comp Earnings $ 4601 Earnings $ 280.23 3. Corporal (Master Police Officer) (5.50%) Spec Comp Earnings $ 235.59 4. FTO (Training Premium) (3.50%) Spec Comp Earnings $ 158.17 An example of the calculation method for a Police Officer with Motorcycle Pay who works eighty (80) hours in a two week pay period is as follows: Employee Base Hourly Rate $44.2842 Reportable Earnings @ 80 hrs. $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 CalPE S. 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 forthe 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 Section 12. Standby Compensation - Duty Supervisor. Effective September 29, 2008, to IrelffeTWiTellia- i7elfroRMi"FlIlle- oNs- -o o W I lip a I kye-NIGIN atoll I &-swKel 1-1 • 0 -_ •-: 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 Comma nder/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. UOMMM 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 order to provide for the public safety and efficiency of operation, the Chief of Police shall have the authority to allocate resources and establish work schedules of 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 (112.5) 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. �*W 9 1W iTiT:_ I F44iqj -14 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 1111 111 N N EIRE II III III, � TIR � -111111"MIR-1154111TOM 711-11.111 IM resT or MUM551ty reqllreS, arly jr 1511,151511-1 head may require any employee in such department or division to perform overtime work. The head or his designate. mizim Section 1. Employees covered by this Agreement shall receive eleven (11) days pay ea year, which shall be compensated as follows: I 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 A. If an employee works on a City holiday, he will receive the ten (10) hours of holiday pa In addition, the employee will receive fifteen (15) hours of compensation for having worked on t holiday. The fifteen (15) additional hours of holiday compensation may be taken in the form compensatory time off. I C. If an employee, having obtained prior authorization, takes a City holiday off, he Wa 1111, =1 Bill 4 ffal 02- 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. 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. 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 mmm3m3rm 80 96 120 136 160 W-1 Section 3. Vacation shall be accrued on a pay period basis by dividing twenty six (26) ints 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. I -ff qw;ww 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 • (1) year. No such leave shall be granted except upon written request •'. the employee. Approval shall be in writing and a copy filed with the Personnel Office of the City. Upon israrKerin 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, 'flk'-�MIAIJUIIIIIIIIIIIII We Section 3. Outside Employment while on Leave. An employee who engages in outside III, Le-111M rdLVIFI. ^FIJ M01105 a 100011 MI Me FeElIeSt for 5alu MUM or ausence or any • • such leave • absence may •. terminated for falsifying such request. 0. 0- ion COMMON— ISIZ191INIZ100111 0 I'V-011 M_11611101mrmr4mll M Ranna TF*7K5uItjuIIG, DRUPMag74UT, kzlq Flutrs Torarl eMPIUyeU UH a 5/6 noirworK scneauie) OTpa"MsT7 12 leave taken each twelve (113)month period,for any authorized purpose, will beconsidered sick leave used pursuant to the Healthy VVorko|aoee, Healthy Families Act cf2014 (California Labor Code sections 245-249).The twelve (13) month period ioJuly 1 through June 3O.For employees hired on orafter July 1. the twelve (12) month period is the twelve M2\ month period beginning on the employee's hire date, until the following July 1.atwhich point the employee's 12-nnonthperiod 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 diagnoois, cane' or treatment of an existing health condition of, or preventive care for, an employee's ohi|d, panerd, spouse or registered domestic partner. Only the first three (3)shifts orhours equivalent Ofsick leave an employee uses in a twelve (12) month period can be used for the diagnosis, oane, or treatment of an existing health condition of, or preventive care for, an employee's oib|inQ, panento-in-|avv, grandparent or grandchild; or 3. Employees can use sick leave for specified purposes ifthey are victims ofdomestic vio|ence, sexual assault or stalking as set forth in California Labor Code section 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 oheU file a vvhUen 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 beapproved bythe Police Chief unless the absence iefor a statutorily protected leave. D. The rightUmbenefbsunderUheaidxheaveokanohaUoonUnueonk/duhngthe periodthet the employee isemployed bvthe City. This plan shall not give any employee the right toberetained inthe service ofthe City, or any right of claim to sickness disability benefits after separation from the men/ice of the City, except as required by federal or state law. E. Notwithstanding anything contained inthis Section, noemployee shall be entitled to receive any payment mrother 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 authordv, 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 tosubmit the reports ofacompetent medical authority ofhis own selection, and at his own expense, in addition to the report submitted by the City physician. In the event ofmconflict ofopinion and/or recommendation ofthe two physicians, a third physician shall beselected bythe first two physicians and the final decision shall be made by the City K8enmgar based upon the medical evidence submitted to him. 13 1. •• retirement • an eligible employee, 100% • the employee's unused accumulated sick leave up to a maximum of nineteen hundred (1,900) hours shall bz 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; •:i (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% • the City Retirement Health Savings Plan. 6. Accrued sick leave shall be valued for the purpose of Section G above for employe -• • • after June 30, 1974, • • the following •. I 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 • the oldest, • value accrued sick leave first, provided, however, when an employee takes sick leave, the employee shall receive for each •. • sick leave • (1) day's •. at the employee's rate • •Y in effect at the time • 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 prevang rate. fowls 0 not more than eighty (80) hours of additional vacation days may be so converted in any one (1) fiscal year. B. All such claims for bereavement leave are subject to verification by the Chief of Police or their designee. Section 6. Workers'Compensation • on Duty. Employees covered by this Agreement shall be entitled to all rights provided under Section 4850 of the Labor Code. M, Section 7-EmmpUoyee 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 atthe rate Vf7596mfthe employee's regular salary according to the following table: Maximum Time AUowance(Hours\ Years of Service Total Hours 1 through 360 6 through1O 544 (]ver1O 720 B. Application for disability leave shall be made bvthe 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 app|ioaUon, he shall notify the employee ofsuch approval inwriting. C. After the employee returns towork, the employee shall reimburse the City for the value of the advanced sick -leave time byhaving the employee's sick leave accrual for sick -leave reduced by five hours per month ormay contribute vacation leave toaccelerate the employee's reimbursement to the City for providing the benefits under this Article. D. When the "nnowirnurn time a||mxxenoe" 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 ofdisability leave bythe City Manager shall include, but not be limited to, the following reasons: 1- The employee has recovered from his illness orinjury. 2. The leave is being used as a pre -retirement leave for purpose of postponing retirement orpension. 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 naquaaMad by the City to determine the existence or continuing nature ofthe employee's disability. F. |nthe event anemployee becomes ineligible to accrue sick leave orioscheduled toend 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'M{Uitary 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 �Wr-164 4 W i WJW I I I CA 511 k VM Q i-11 Q S-TeIV. 1 r�T-q M r*1WWr1TR-* M UALq -@M 10 #7ar*TpMg r g r-1614-7111W-Ke RN I I 9111W*I�W N1111MY 11-7x-71 a 11 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) hpi# 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 PhWsical Fitness Leave bala - I- - - `6- '1� -WV - -- -Ms- -am - 661kyl:f -& VA 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. r--T.TfWW*R1 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. IW4W-14 Mot 4 Is] WA A16 1 al I ITS I 1110 1;J1 i Inu Me COMM InuTlueu Muer Me WITIS 01 U115 I'lleMUFanUUM OT Inaersianaing, proviaea Inat Ine benefits of the employees shall be no less than those in existence as of the implementation of this Agreement. Al ONE NOW M7MMIN711eeL NIL11 W UR5L;JbZS LHU F11d11t![ PFIUU 1117��Mance ca in method of funding the coverage. IL 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 CalPERS. 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 CalPERS 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. 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 • the City's contribution is the responsibty of the employee. ir 1 11 rate • fifty-two •- (52%) towards the • • premium. 1. Plan premiums are calculated annually based on the prior year's claims experienc administrative fees, and an industry trending projection. This calculation shall conducted by Delta Dental for communication by the City during the announc annual Open Enrollment period. I 2. For cost effectiveness that is mutually beneficial to the City and the Association, the City will • to evaluate other Delta Dental plan coverage options for implementation to reduce premiums and/or employee • • pocket costs for consideration of a change from a current composite rate to a three-tier rate structure ("Employee • Employee • one dependent; and, Employee • two • more dependents") for monthly premiums effective January 1. In addon, 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) F-11 :4 1 11 1 N4 11 IN 4 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 CalPERS. 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 21382.2. a. |naccordance with existing practice and Government Code sections 2O63G(c)(4) and 20891. the City will pay the employees' statutorily required member contribution of nine percent (9Y6) and report this Employer Paid Member Contribution /^EPK8C"\bzCa|PERSaespecial compensation. b. Effective the pay period that includes July 1. 2015, employees in the first tier shall have deducted a total of six percent (896) of Cm|PERS reportable compensation, onopre-tax basis, pursuant 10Government Code Sgotinn2O518 Al. o. 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 |F|C414(h)(2). d. First tier benefits are available only to "classic" nnernbeno /i.e., those members that dmnot meet the statutory definition mf"new member" under the California Public Employees' Pension Reform Act /^pEPRA'`\. specifically Government Code section 7523.D4(f) and who were hired prior toOctober 1O.2O12). 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 Section21383.1. e. Employees covered hereunder shall pay, on a pre-tax boaio. the nine percent (896) statutorily required member contribution to Ce|PER8. b. The City has passed aresolution setting forth that all deductions orcontributions under this Section shall be regarded as a pick-up of retirement costs pursuant 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 orafter October 10. 2012. but before January 1.2O13. 1. Employees who meet the definition of"new member" set forth inGovernment Code section 7522.040l shall be eligible for the benefits provided by PEPR\, which include but are not limited to the following: a. Retirement formula of2.7% @ 57(Government Code section 7522.25); b. Employees covered hereunder shall pay amember contribution offifty percent (50%) of normal cost as determined from time to time by CalPERS (employee 00 t. Retirement benefit calculations shall be based on pensionable compensation, as defined by Government Code section 7522.34; and a. Retirement benefits shall be calculated based on the three (3) year highest average annual pensionable compensation. 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): These City contribution amounts shall be referred to herein as the "retiree medic contribution." I 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 •• an increase costto the City's mandated contribution for retirees: am�v ININUOTAIN - I - - . . - LORI= I m 4 "14:2 IMM XIIIIIIZI '07 L 0 V 1 it, satisfy the following eligibility criteria: . ......... Ukm•, 3. At the time of retirement, the employee is employed by the City; and 1�. 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 modifiEl . . . . . . . . . . . . . 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 CalPERS medical insurance coverage pursuant to PEMHCA provisions and provided the surviving spouse pays the appropriate premiums minus the City's mandated retiree contribution amount. D. An eligible retiree covered by this Section who no longer elects coverage under any City sponsored medical plan, effective at the end of any calendar quarter may present the City with proof of payment for alternate health insurance coverage and continue to receive the City's deposit to the retiree's RHS account on a quarterly basis up to the amount to which the retiree is entitled in Section A above. Once a retiree elects to withdraw from eligibility to participate in a City sponsored health plan for coverage under an alternate insurance plan, the City and the retiree understand that the retiree may not re -enroll in a City sponsored medical plan and otherwise forfeits the City's RHS contribution amount permanently. 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. 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 W�42T.911-6NI �12. *N1VWJ-1r=zF-1=• Long Beach tuition amounts. UNU�� 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 sr 4's -g4 -kj�ftx -Be 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. 1. At the discretion of the Chief, time may be credited for continual service as Temporary Sergeant on a case -by -case basis and the length of the probationa period/merit increase date will be established at the time the Officer is promoted probationary Sergeant. In no case will the credited time exceed six months. I 2. Time is credited for Temporary Appointment only (no Acting Pay service as covered under MOU Article 111, Section 13) and only when the Officer is appointed to Probationary Sergeant while serving as a Temporary Sergeant with no break in service ti 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. tile platsm"tif 1 11,9111 ]T: 111U. rfar-27 XF7WfCr1 010761WW111 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. 0A 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. Loluou= &� 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. 23 E. To determine and/or change the facilities and size of the work force by which the Ci operations are to be conducted. i F. To determine and change the number of locations, relocations and types of operation processes and materials to be used in carrying out all City functions. I G. Establish and/or change work schedules and/or work assignments in accordance wi this Agreement and existing departmental rules, regulations and procedures. i K' Toestablish and modify productivity and performance programs and standards and to require compliance therewith. J. To diooherge, suopend, demote or otherwise discipline regular (non -probationary) employees for proper cause. K. To hine, trensfar, promote and demote employees for non -disciplinary reasons in accordance with this Memorandum nfUnderstanding. 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 one not in contravention with this Agreement. 0' To take any and all necessary actions to carry out the mission of the Agency in emergencies. Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay of 24 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. 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 1, 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. W6+� • - •�111111 Section 1. In the event that the Association, its officers, agents, representatives, or employees engage in any of the conduct prohibited in A, Section 1, above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this 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. 25 MIR-M to resoond to a written regrimand orior iltIIIi9�_ a hearing akin to a Skelly hearing or other pre -disciplinary appeal hearing prior to issuance of the written • Section 2. Conduct of the Grievance Procedure. An employee may request t assistance of another person of his own choosing in preparing and presenting his/her grievance 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 involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in V Me may be re onsive, 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 emIIi,ltyee sIhiY11 haye reastin"Ily kn*wn a�,#vt th6 allagert ineitent ana! the first m&I Yeith th6 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 •- barred and waived. Appeals of disciplinary action begin one level of supervision above the supervisor taking the :tisciplinary action. Terminations are appealed directly to the Grievance Hearing (Step Four). SteD Two. Formal Procedure. If the grievance is not resolved through the informal process 2nd the employee has comi2lied with all time limits, then thee plomee s.Wall Wave twe rmgwtto file I 111111111 IF I FT 1 11 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. 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 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 -• • 1100 =-- 1011 WON 0 W5116wilil 16 1 PJ 11-7447A 11 IV1111111 tZ-14 11 L-71-i MO] Inless the employee can demonstrate actual bias or a conflict of interest, the Cit Manager may serve as a hearing officer that shall preside over a full and evidentiary hearing. The City Manager shall have twenty-one (21) calendar da from receipt of the notice of appeal to designate himself as the hearing officer appoint a neutral hearing officer who is not embroiled in the controversy, i.e. person • did not inate or authorize the action in question. 3. The hearing shall be stenographically recorded by a certified court reporter. The per them 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 •` 4. The formal rules of evidence do not apply, although the hearing officer shall ha\1 discretion to exclude evidence which is incompetent, irrelevant or cumulative. E 5. The presentation of witness testimony shall not exceed three (3) hours from ea side and an additional one (1) hour shall be given to each for rebuttal.. T Department shall be heard first. The hearing officer shall have the discretionjo. • these times at his discretion. a • 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 • evidence, shall serve in an advisory .•. and shall be responsible • making recommended findings • fact and issuing an advisory decision to the City Manager. The City Manager, within thirty (30) days • receipt of the advisory findings • 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 St Five of the grievance procedure set forth in this Article. i 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. rWVfDTV4VNF14 LEWMEUM Section 1. Third • Legal Actions Against Police Officers. If a determination is made to the legal proceeding was taken by the Officer(s) during the course and scope of the Officer(s) 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 Police, City Manager, and Officer(s). The Chief of Police, 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 of Downey and the Association have a vital interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but to co-workers and the citizens of Downey. The possession, use or sale of an illegal drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City premises, at work locations, or while on duty or being compensated on an "on call status." The City of Downey and the Association recognize that their future is dependent on the physical and psychological well-being of all employees. The City and the Association mutually acknowledge that a drug and alcohol -free work environment benefits Downey's employees and citizens. The purpose of this section is to define the City's drug and alcohol policy as well as the possible consequences of policy violation. A. Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of Police Officers that are undertaken in accordance with the direction of the Police Department. B. When reasonable suspicion exists, the City may require an employee to submit to a medical examination, including, but not limited to, a substance screening. Substance screening means the testing of urine or other body fluids as reasonably deemed necessary by a physician to determine whether an employee has a restricted substance in their system. 1. Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform his/her job safely is reduced. C. Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the facts constituting reasonable suspicion and shall give the employee a copy. The employee shall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug screening, a representative must be available within a reasonable time or the employee will then be ordered to submit to substance screening. An employee who refuses to submit to a substance screening may be considered insubordinate and shall be subject to disciplinary action up to and including termination. D. The supervisor, or designee, shall transport the suspected employee to the testing facility. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system which includes methods or mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certified by the National Institute on Drug Abuse and comply with established guidelines for "chain of custody" to ensure that identity and integrity of the sample is preserved 0J 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 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 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 G. Employees with substance abuse problems are encouraged boparticipate voluntarily in the City -sponsored Employee Assistance Program /EAP\. Assistance through the EAFz may be sought byonemployee with complete confidentiality and without adverse consequences to his/her employment. Employees should beaware, however, that erequest 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 cou|d, at the discretion of the Citv, be made available to the employee as on alternative todisciplinary action. Referral would besubject to agreement bythe employee toenroll, participate in and successfully complete a rehabilitation and/or counseling program and otherterms and conditions ina"Last Chance AomeannenL"Anexample ofthe type nfterms and conditions the City may require iaincluded inAttachments | and If. 1.Kis the City'sintent to use the EAP option for first offenders except the City reserves the right to discipline for those offenses which are a significant violation ofCitv/departnnerd rules and regulations orwhere violation did or could have resulted inserious injury mr 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. 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. 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. /_1:40Eli 01 ITI 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 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 orthe 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 and policies. ARTICLE XXIV SEPARABILITY Should any provision of this Memorandum of It nderstanding be found to be inoperative, voi6, tr 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. r-RT04111W WIA The term of this Memorandum of Understanding shall commence on July 1, 2020 and sh continue in full force and effect until December 31, 2022. 1 W F-11 A 11 [@]A I MIN I I a [of-IVA I LN 0 U 9 IMW 0 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 26 th day of May, 2020. d (4 e By: John OAroui : ssL City Manager By: t �M7= James cQueen, HR Director THE DOWNEY POLICE OFFICERS' ASSOCIATION: By: Ralp I r6sident By: By,-Xr' topher Kurtz, Vice President ,st, Prentice, Treasurer 0 KN rman, Member at Large a 0 - *I - :no - - • -- ■ Effective 0710112020 Ro O�fficer 39.0729 41.2215 43.4889 45.8807 48.4046 Police Sergeant 49.7001 52.4343 55.3175 58.3598 61.5703 Effective 0710112021 Position Title A 8 C Police Officer 39.8544 42.0459 44.3587 46.7983 49.3727 Police Sergeant 50.6941 53.4830 56.4239 59.5276 62.8017 Effective 0710112022 Position Title A Police Officer 40.2529 42.4664 44.8023 47.2663_ 49.8664 Police Sergeant 51.2010 54.0178 I 56.9881 60.1223 63.4297