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Resolution No. 22-8065 - Adopting MOU btwn City and DPOA (2023-2025)
ums i • 9-•- FUFMW 2 = ¥}± «§ d� «<* ©: � »? # ?<:« « « »#».�:??+©©©xd«» =+2, ?#«f©«<Xy«»�,�» ©�««»:< f%s+<2«am «:>¥ex� «ems».:� 22+�£>w� r2 �»2«=<«x¥»wm �©®© «x«�»* 2«>« 2x¥r+»y*f>¥c«�» «x«� c� ;«e+>2:.f=v «x w .:* ?2ry:y:+<»� ?«»>+:2*«2y?+a,+« m»«+»:?*»�?.a*: « «v«:+»<! f a:*. #\y dvz« »:t=w cv«:.: e»+»« ««sy»«m�+2*«>m,> =n¥f>**«y*<+?yf?*° « »« w»� ? &»¥¥v 2 . »*>»xy� >.■r» «:*> m «*: ; c v«,�»� « a:¥\� m « »� r» °���<a»:2� v y * +a.s¥ «w � ; � «f» - ©ter»»:: ?»as+>x� «+� w;� + y > s e:: 2:>¥ y> � «?2*©° :?««f°»<x<«f»� , cv«�»� ?»e*»«=»+r1*r«w<©«� - © ««,»:< «w>? ©� � + y a<* ¥>� «»*e:=*.¥ � ���� ^ ;, ¥f;\\}�\\��� �< \#\�#±»» . �« «=rtw «» <?±?»» #?±�»»«?? »� «ter»+r� :l:r>v+<+¥»>©-� s«»:.«f>e r»«:.:? «e« ».?e:»+»»� © w x .,� »v> «�r2+> ? _� >_:» ©� a;.=:. �� cx d +r� � «y<— �? . »*<s::2+»; w »;# w. �� r ««�»:: »s i +e.w ■ x=£»:�,.sv. �� «v «,»:1 » 2 % m:.:«> «««tee* �w�v» Section 10. Physical Fitness Leave ......................................................................... ....... 16 ARTICLEIX ........................................................................................................................ 16 FRINGE BENEFIT ADMINISTRATION .......................................................................... 16 Section1. 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 Section1. CaIPERS 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 Section3. 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 Section3. 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 .......................................................................................................................... r 26 GRIEVANCEPROCEDURE .......................................................................................... ........ 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 ............................... 30 Section 4. No Tobacco Policy ............................................................. XX........... .................... .................. 31 SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING ........................... 31 ARTICLEXXI ............................................................................................................. 31 WAIVER OF BARGAINING DURING TERM OF A F xyll .................... . ............... 31 RE -OPENER .......................................................................................................... 31 ARTICLEXXIII ................................ .................... .............. 31 EMERGENCY WAIVER PROVISION .................................................................... 31 ................... .................... SEPARABILITY..................................................................................................... 32 ............... ...... ...... ARTICLE XXV ............. ......... ............... 32 TERM OF MEMORANDUM OF UNDERSTA DING ............................................. 32 A�R�_ ;WKYK.11� ------- ........................................ RATIFICATION AND EXECUTION ........................................................................ 33 EXHIBITA .................................................................................................................... 34 CLASSIFICATIONS REPRESENTED BY THE DOWNEY POLICE OFFICERS' ASSOCIATION....................................................................................................... 34 P4YSCHEDULE .................................................................................................... 34 "UM-910YA! 1 =Vfi:N 4 L" a6J;IJ Lei =1 r__VtW@JIR=I waemk - - --------- - --- _ ------- --------------- - WIN MA I'll- 11 1- 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 rs or other terms and conditions of mo��YAment are amended ♦' changed. r-MMIAM I __ 0 0611MIM 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 11ndRist �_' 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. A. All employees covered bvthis Memorandum ofUnderstanding shall receive the fdkJvvnQ salary increases as referenced in Exhibit A: i. Effective the start of the pay period that includes January 1. 2023. a four percent (4%) across the board base pay range increase. 2. Effective the start of the pay period that includes January 1. 2024. a four percent (4%) across the board base pay range increase. 3. Effective the start of the pay period that includes January 1, 2025, a four percent (4%) across the board base pay range increase. 4. The City shall make aone-time 8dhoc lump sum payment of twenty-five hundred dollars ($2.500.00) to each member of the /\aaooiodon covered by this K8C)U who are actively employed by the City on the date the K8C)U is adopted by the City Council and remain employed at the date of the payment. The payment shall be made by direct deposit during the workweek beginning January 16, 2023. The one-time ad hoc payment paid is unconnected to performance and shall not be reflected on any City pay or salary schedule, shall not be the basis for any future negotiated salary increases, and shall not bereported aecompensation earnab|e. A. Description of Schedules. The pay schedule consists of set of monthly/hourly pay ranges. Each pay range is designated by 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 B. Hourly Equivalent Calculation. For payroll purposea, the base hourly equivalent ofa monthly base rate iScalculated bxdividing twelve (12) times the monthly rate bvtwo thousand eighty (2,080) hours (forty (40) hours times fifty-two (52) weeks per year). 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 desg unless prior written approval of the City Manager is obtained for appointments at higher step in the assigned schedule. 3. No salary edvenmannert shall be made so as to exceed the nnaxinnunl rate established in the salary schedule for the class to which the employee's position is allocated. 2 B. Qualification for Salary Step Advancement. 1. Advancement shall not be automatic but shall be based upon merit, dependent upon increased service value • 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. 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. A. Eligibility -for Longevity Pay.; As early as at least July 1, 2011, regular employees who have completed five (5), ten (10), twenty (20), and twenty-five (25) years of service (which went into effect June 28, 2010) with the City of Downey have and shall continue to receive longevity pay adjustments as follows. Service Compensation 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. 3 Section 6. Education Incentive Pay. Employees covered by this Agreement shall receive .......... A. Associate of Arts degree and/or Intermediate Police Officer Standards and Training (POST) Certificate - seven percent (7%). C. Degrees stated above may be substituted by equivalent college units at a rate of sixty --rft4#-rWrAS&t-6at6-s (1120) semester units for a Bachelor's degree or one hundred eighty (1180) quarter units. Equivalent Bachelor's degree units must have a minimum of forty (40) upper division semester units or sixty (60) quarter units. fiel neal 1119 011 uUtiait UY initibuit, MUM alitri, 5riall I 2dditional time or compensation as court time. ME= 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. c. Effective September 29, 2008, If the employee is called into court, or called in fl duty, the employee shall be paid four (4) hours or the actual number of hours court or worked whichever is greater. 4 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 (1196) above the Officer's rate of pay to ride o two -wheel /2\ motorcycle. Any Police Officer who is designated and assigned bythe Chief ofPolice aomMotorcycle Officer 10ride onafull-time basis ethree-wheel (8) 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 onthat 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 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 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 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 (3O) minutes mfcompensatory 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 regular work duties incaring for the canine throughout the week. 3. The parties acknowledge that the FL8A, 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(9thCir. 2004). |tiethe intent ofthe parties through the provisions ofthis Section to fully comply with the requirements of the FLSA. In addition, both parties 5 ,.121; 1 IN qqpl 110] rzl," a tip U I A Me 19 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 5,ZKIIN A21"N -lie 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 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 A eruwrrea- #rrT rA*T wati�m mbstrrsna I re&'� Y 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: 1. Longevity Pay (13.0%) 2. AA Education Incentive (7 %) Reportable Earnings @ 80 hrs. $3,542. Spec Comp Earnings $ 4601 Spec Comp Earnings $ 280.2N 3. Corporal (Master Police Officer) (5.50%) Spec Comp Earnings 4. FTO (Training Premium) (3.50%) Spec Comp Earnings 6 9 exampleAn of - calculation method for a PoliceOfficer with Motorcyclewho works - • :f) hours in . two week pay period is as follows: 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%) 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-1 5 who attend a qualification while off duty, 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 - actual numberof hoursrequired to qualify •.• at time and • - kfi • LIF 1- • .- -• . • - ♦ f . • Downey Police Department. Effective October . 2017,the average • • by - City forthe 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 f f f f • and FY 2016-2017).• _ 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 -• f payroll •. • 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 7 employee's regular rate. The three-hour minimum shall not apply to employees called in early or required to stay late after a scheduled shift, provided an employee called in early shall receive overtime compensation from the start of the meeting until the start of their scheduled shift and an employee required to stay late shall be paid overtime from the end of their scheduled shift until the end of the meeting. K 191V MU il 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.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. o. 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. r_1T:1Wq*WA Section 1. Compensation for Overtime. All authorized overtime for employees shall bc paid at time and one-half 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 9 W El '76111FLO PLO W.007.7--TRIWA L V head or his designate. r-IRWOMAIM Section 1. Employees covered by this Agreement shall receive eleven (111) days pay eacl- year, which shall be compensated as follows: EEZ.198= 1 . New Year's Day 2. Martin Luther King's Birthdla� sl 3. Washington's Birthday (Pre ident's Da Memorial Day 5. Independence Day i,. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Day after Thanksgiving 10. Day before Christmas 11. Christmas Day U =1;+:ioj 0 10 14 M I =1 Dili 4 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 .......... A. If an employee works on a City holiday which falls on a scheduled twelve and one-half (1 2.5)-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 10 I I I liI I III I F I lI Ii i Ii I I III !I I I I �1111 I FURIM11WWpIllij,77- - 11 1 0 IM recerre 1119MM)MUM ui Cu"ie-MAdutry-LIMe 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 • • a holiday which falls • a scheduled nine • • day, he will receive the nine (9) hours of holiday pay. In addition, the employee will receive thirteen and one-half • • compensation for having worked the holiday. The thirteen and • 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-!jOUR 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 lrr&M&. 2: compensation will be provided. QTRVMMMM 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 Section 3. Vacation shall be accrued on a pay period basis by dividing twenty six (26) into ihe number of hours per year to which the employee is eligible to receive based upon the employee's years • service with the City. Section 1. Leaves of Absence Without Pay. The City Manager and/orthe City Council may mw"b NOW 1*111FI= 1-1 -0 m - ATM 9 at the time the leave was granted. The employee shall -•• 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. 1120EXORM. INT.T.14MITIZIANWERV 0Yj_Q_ k=1 RM INIMINNAPI 141577,1111 one Section 3. Outside Employment while on Leave. An employee who engages in outside extension of such leave of absence may be terminated for falsifying such request. • 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 leave taken each twelve (112) month period, for any authorized purpose, will be considered sick leave 12 1. Employees can use sick leave for themselves for preventive care (such asflu shots or physical exams) or care of an existing health condition; 2.Employees can use sick leave for the diagnosis, care.ortreatment ofonexisting health condition of, orpreventive care for, on employee's child, panant, spouse or registered domestic partner. Only the first three (3) shifts mrhours equivalent ofsick leave an employee uses in a twelve (12) month period can be used forthe diagnosis, oana, or treatment of an existing health condition of, or preventive care for, an employee's sib|inQ, pananto-in-|axx, grandparent or grandchild; or 3. Employees can use sick leave for specified purposes if they are victims of domestic vio|enoe, 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 abeenoe, the employee ehoU file m written statement with the Police Chief stating the cause of the absence. When an employee has taken more than three (3) consecutive vvod« shifts or hours equivalent, the Police Chief may require m physician's certificate stating the cause for any subsequent absence before said leave shall be approved bythe Police Chief unless the absence iofor e statutorily protected leave. D. The right to benefits under the sick leave plan shall continue only during the period that the employee imemployed bythe City. This plan shall not give any employee the right toberetained in the service of the City, or any right of claim to sickness disability benefits after separation from the service of the Citw, except as required by federal or state |exv. E. Notwithstanding anything contained in this Section, no employee shall be entitled to receive any payment orother compensation from the City while absent from duty by reason of injuries or disability received as e naeu|t 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 on 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 athis own expense, inaddition tothe report submitted bythe City physician. |nthe event ofaconflict 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 rnoUe by the City Manager based upon the medical evidence submitted to him. 13 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. t. 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. MAN" IN 'racauun'—dTLef-rfa Filly au; 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. IM I a 1*3 OWMA MI'MINOW—Ims HOWE SM. Mine W-111B.T.1414 rolol - MUNI A. An employee that has at least one year of continuous service with the City and who has 14 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: Years of Service Total Hours 1 through 5 360 6 through 10 544 Over 10 720 14110TV131 the City at the direction of the City. Failure to submit to such an examination shall be a basis for terminating • 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 i""Ww *"_11911"i1W 11TU FIUJ.[ 5 PU[ UT)UHU] U1 fT1VJ'L;L)r111 IUI!At-- 9 to the City for providing the benefits under this Article. D. When the "maximum time allowance" has been reimbursed as set forth above, the 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 •' his illness • injury. 2. The leave is being used as a pre -retirement leave for purpose of postponing retirement or pension. - =0111fi 17TT 111171 11111g�� 4. The employee has not cooperated fully in supplying all information -mat and submitting • any examination requested by the • to determine the existence •. continuing nature of the employee's disability. 15 compensation forjury duty and his regular rate of pay. Time served by an employee forjury service shall not be counted towards the computation of overtime pay and employees shall not receive overtime pay for participating in jury service. OWN 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 (110) 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 opportunityto 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. 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. Agreement. I of 0 11 R ulrj snall LIU[ I LU U15GR55 L[It:' 111d[LU-1 PIIUI 10 W-q method of funding the coverage. rXIMMUMMaj U.NWI 9119AUUMV, z 11WIl ( W1 I IN 11W '&'c=MITf*'=TUM_,FGUI llffeueu IT Calrmmo. N arl empirjee eie(UN 37 1#, C21 1, fi,6-awst �,W *w�ffarerrce-m Ara-nwwrr'Wetv;&6-rrth-at Atatrz-m� thnairl\aisai-Milf ;u�r-Arearwitfiri-tns 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; Er. 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. 11111111ll�p ii� III III R! 11�1 11111 11111, 111! 11.1 o 111,JVC-1 -, one of the following, depending on the level of non -City spons;red 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 • may • •- • during an announced i• • period • `• insurance • effective January 1. A. HMO Dental ■ 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. 11i 11iiii iN, [11! 71 11 1 1 rate of fifty-two percent (52%) towards the total monthly premium. 1. Plan premiums are calculated annually based • the prior year's claims experience, administrative fees, and an • trending projection. This calculation shall • conducted by Delta Dental for communication by the City during the announced annual Open Enrollment period. 2. For cost effectiveness that is mutually beneficial to the City and the Association, the City will continue to evaluate other Delta Dental plan coverage options for implementation to reduce premiums and/or employee out of pocket costs for consideration of a change from a current composite rate to a three-tier rate structure ("Employee only; Employee plus one dependent; and, Employee plus two or more dependents") for monthly premiums effective January 1. In addition, the City changes from a June Open Enrollment to the Open Enrollment Period that coincides with CaIPERS medical plan for changes effective January 1. There will be no changes in dental plan coverage without agreement of the parties. The annual CalPERS medical Open Enrollment Period is held generally during September through October. • 3. Life Insurance. Effective June 1, 2016, each employee covered • this Agreement shall be provided with a group term life insurance benefit of One Hundred Thousand Dollars ($100,000) RETIREMENT Section 1. CaIPERS Coverage. Employees covered by this Agreement participate in the T1, atfi�c5 trA4 r�IIII •,etween the City of Downey • CaIPERS. A. FIRST TIER. 1. Employees hired in a safety classification prior to October 10, 2012 shall be provided the 3% at 50 retirement formula as set forth in California Government Code Section • 18 a. In accordance with existing practice and Government Code sections 20636(c)(4) and 20691, the City will pay the employees' statutorily required member contribution of nine percent (9%) and report this Employer Paid Member Contribution ("EPMC") to CaIPERS as special compensation. b. Effective the start of the pay period that includes January 1, 2023, employees in the first tier shall have deducted a total of seven percent (7%) of CalPERS reportable compensation, on a pre-tax basis, pursuant to Government Code c. Effective the start of the pay period that includes January 1, 2024, employees in the first tier shall have deducted a total of eight percent (8%) of CalPERS reportable compensation, on a pre-tax basis, pursuant to Government Code d. Effective the start of the pay period that includes January 1, 2025, employees in the first tier shall have deducted a total of nine percent (9%) of CaIPERS reportable compensation, on a pre-tax basis, pursuant to Government Code e. 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. 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). 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 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 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; 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 TIM&I )�i2: and Hospital Care Act (PEMHCA) statutory minimum employer contribution as specified in Cal. Government Code § 22892(c): Employees who retire after July 1, 1987 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 -fmr 12 the fol lowin;*� revisions are in eff ect to avoid an increase cost to I oWL I k the City's mandated contribution for retirees: B. Eligibility Requirements. Subject to meeting eligibty criteria below, the maximum Rim W-WIN-1 '07.1rValyr-anwin-9 satisfy the following eligibty 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 Effective the day after official separation from the City, the employee has been granted a retirement allowance by the California Public Employees' Retirement System. ce C. The City's obligation to contribute toward the retiree's RHS account shall be modified .......... 1. During any period the retiree is eligible to receive or receives health insurance coverage at the expense of another employer the payment will be suspended. "Another employer" as used herein means private employer or public employer or self-employed or the employer of a spouse. As a condition of being eligible to receive the RHS contribution set forth above, the City shall have the right to require any retiree to annually certify that the retiree is not receiving any such paid health insurance benefits from another source. If it is later discovered that misrepresentation has occurred, the retiree will be responsible for reimbursement to the City of those amounts inappropriately deposited and the retiree's eligibility to receive future RHS deposits will cease. 2. In the event the Federal government or State government mandates an employer - funded health plan or program for retirees, or mandates that the City make contributions toward a health plan (either private or public plan) for retirees, the City's rate set forth above shall be converted from a RHS deposit and applied to that plan. If there is any excess, that excess may be applied toward the retiree's RHS account provided the retiree pays the balance owing for any such coverage. 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. so i EBW 10141 a M61 t-7140 I at Me I [it; 10 01 K I 11 K-QW-161 (ITV-1 Vj a - - I 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 alternatt 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. 21 -Wr�TyffunT De relurfuirsea Tor coUser, FrITILM-M - -- !@ justification and approved by the City Manager or their designee. An employee must receive a Utz I 5e5 *11 Me It I dr Eel 5y5LCI I I Long Beach tuition amounts. UIZA 11 IQ R =*A' I I - - ; 0 : 1 0 F-11 -Yd U =1 :4 In, 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: 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 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 t# Probationary Sergeant while serving as a Temporary Sergeant with no break in se -vice ti-re. 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 111, Section 14. a a MW11 11111 IF-91 ME. I L L L original a pointment, 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 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. PAI I -low IN 11,1111,5W014 'Minin rant, Trurn FIIS Mt Me 01 prurnution, anu Snaii Ll in the remainder of th-A- 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 sWall be eajlj�j� rg and discretion _ _ _Wl1rI4, Rrovided that the Chief of Police shall retain the authori 'row r 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 ag_o�gMUL1LQLqLqdULgg dj•g fn j1nijritX bidding the Chief of Police shall Ive written notice UUWOM CITY RIGATS Section 1. Management Rights. The City reserves, retains, and is vested with, solely and VIR INVIRINTIRIVIII-I 1111 B. To determine the necessity and organization of any service or activity conducted by th(!- 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. W MMEIE��� 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. Fm.�* m4rew-MMVITOT mo ImIrm go M11 0 I. To establish and modify productivity and performance programs and standards and to require compliance therewith. I 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. .1 m-10=11-111t, � IFF MI, W43 W3 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. 0. To take any and all necessary actions to carry out the mission of the Agency in emergencies. �'f.MU*TaW4NrM5 M-WeWiFriT-7-77=11 0:4 nollr-mWron- QW-01-m-T&INION-111141 WIN"101111OW 'AL illu'RIIIWNIIIIIIIIIIimii-wiiilI 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. aluitlaij, Gaprlcmts 01 111'riulul, 711"r-M!""MW" is =ployees. V-11 A 0 Lei Il WIVA Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay of -9 ior this purpose. The City shall remit such funds t�'the Association within thirty (30) days following their deduction. Section 2. Indemnification. The Association agrees to hold the City harmless and 11 NWINIM111 W1 11 __ on Ull -1 MOM LOE-7allf;NtAON i sick-out, or any other job action by withholding or refusing to perform services. Ell wool 1 0- 1- 0 ol ft � MAJIOIWW� lei "Mm"5 5el I (Airl 101 U, ft Section 3. Any employee who participates in any conduct prohibited in Section I above, shall be subject to termination by the City. QT 4 � 10�. " �O 1*11 a 0:: 1�11111 � 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 ..... . ....... 99 ARTICLE XVIII Section 1. Grievance. Grievance shall be defined as a dispute between the Association, 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 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. involved at each step of the grievance procedure. Such mutual agreement shall be evidenced in 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 disoussion, 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 ofcommand hothe Chief ofPolice ifnecessary. Every effort shall bemade bz find an acceptable solution by these informal means at the most immediate level of supervision. At notime may aninformal process Qobeyond the Chief ofPolice. |norder thatthiainformal procedure may beresponsive, 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 bebarred 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. |fthe grievance ionot 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 tz- decision or completion of the informal process. The written grievance shall state all facts plus the specifics ofthe alleged dispute. Failure ofthe employee 0otake 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 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. Stop Thre . 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 not being represented by a recognized employee organization, the Employee Relations/Human recognized employee organization, the Employee Relations/Human Resources Director shall 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 mfthe written position from management representatives, present "request for hearing" in writing to the Munnen Resources Director. Failure ofthe employee totake this action will constitute termination ofthe grievance. The Human Resources Director shall request from the State Mediation and Conciliation Sen/ioe, or mutually agreed upon alternative organization, a list ofseven (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 |ioL 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 efull and fair evidentiary hearing and, within thirty (30) calendar doVo of its oono|usion, render a written decision that includes findings of fact and a recommendation tothe City Manager. That decision shall beserved jointly upon the grieving party and the City Manager. 1. For any Qhevonmo that constitutes the appeal of 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 position regarding the City Manager's actual bias or a conflict of interest toserve eo 27 Q& 1i jilWil hi2i ji I ijilliji j; ijJ1,11 �1 6040 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 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 transcript. 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. i,. 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. Stop 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 thal decision. The decision of the City Manager shall be the final administrative decision. UAINIAM VMHARmatgla Section 1. Third Party Legal Actions Against Police Officers. If a determination is made W., Manager and the officer(s) shall each have one (1) vote for a maximum total of three (3) votes. arit Clll(;IerIL IrUrKIII&JAU111111.10115. DeillS Elite[ life 111111 drug or alcohol on the job may pose serious safety and health risks not only to the user but til: 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. w1ma''111 11115 11 1 11 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 •etermine whether an employee has a restricted substance in their system. C. Any manager or supervisor requesting an employee to submit to a substance screening 1 oil' 0100i, Ilia time is of the essence in drug screening, a represent;tive �nust'be available'within a reasonable time or the employee will then be ordered to submit to substance screening. An employee who 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 lor 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 throughout the collecting, shipping, testing and storage process. E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. WO ON Yo OPT prooT UT auy,raiia rneuicai p105ul I 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 #441al-i'kaw- I mill Lertl 116,0 Itelvicil UOVIjL�mOr-1101111KI 1 -1 -# 11112111 Nil MAN OM p 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 ci rcu-ti stances. 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 I kwWilkliki 9i RUN A'articiAzta in an� svccassfvlly ctm�lete a reha!tilitatit?i c-m6tr cvtq�seling Aritgr2M 2Ait,itXer 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 11. 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. ce ILI L, 11110 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 All" X=QQ1Q=9Q�E= NOW IN I 111116M NUNN, ON between the parties, and snall govern tneir entire reiationsnip ana snan be tne soie source OT anj 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 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 ff,al 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. 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. E—T.T1151TRAEM 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 City, which restrict the City's abty to respond • 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 thes6 91 and policies. 01 A I rig 4 WKII w:I;U' 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. r-ly:V90IR • The term of this Memorandum of Understanding shall commence on January 1, 2023 and shali continue in full force and effect until December 31, 2025. KN r i City of Down to the fdr"oiq� thj� Agreement is hereby executed by the�autnonzecl repr�otatives of arldlhe iIs ay 2Z CITYZOF Y: queen, HR Director THE DOWNE LICE OFFICERVASSOCIATION: : IN rii • i- main =-- im I Lar-K.-Y-1 p r-ru 114 Effective 12/26/2022 Effective 12/25/2023 Position Title A B C Police Officer 43.5375 45.9317 48.4582 Police Sergeant 55.3790 58.4256 61.6383 Effective 12123/2024 34