HomeMy WebLinkAboutResolution No. 05-6886 - Adopt Downey Public Saftey Auxiliary Association MOURESOLUTION NO. 056886
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADOPTING
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DOWNEY AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION.
WHEREAS, the City has met its obligation to meet and conbr pursuant to the Myers-
Milias-Brown Act and Employee Relations Ordinance No. 1118; and
WHEREAS, the City and the Association have reached agreement; and
WHEREAS, the City and the Association have memorialized the agreement in a written
Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City of Downey and the
Downey Public Safety Auxiliary Association, 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 City Clerk shall certify to the adoption of this Resolution and provide forthe distribution thereof.
APPROVED AND ADOPTED this 13th day of December, 2005.
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ATTEST:
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KATHLEEN L. MIDSl-OKKF, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 13TH day of December, 2005, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN :
5 Council Members: Bayer, Cartozian, GaIn, Trejo, Mayor Perkins
0 Council Member: None
0 Council Member: None
0 Council Member: None
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MEMORANDUM OF UNDERSTANDING BETWEEN
CITY OF DOWNEY
AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
November 1 , 2005 – October 31, 2008
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF DOWNEY AND
THE DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
ARTICLE NO.
I
TITLE OF ARTICLE PAGE NO.
RECOGNITION
11 NON-DISCRIMINATION
111 BASIC COMPENSATION PLAN 1
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Sec.
1 - Salary Adjustments
2 - Plan of Salary Schedules
3 - Eligibility for Merit Salary Advancement
4 - Salary Schedule Step Reduction
5 - Merit Longevity
6 - Eligibility for Promotion Increases
7 - Eligibility for Differential Pay
8 - Bonus Pay for Training
9 - Uniform Allowance
10- Acting Pay
11- Out-Of-Class Pay
12- Bilingual Pay
13- Court time
14- Standby Compensation
15- Matron Duty Pay
IV WORK WEEK
OVERTIME (COMPENSATORY TIME)
Sec. 1 - Compensation for Overtime
Sec. 2 - No Pyramiding
Sec. 3 - Discouragement of Overtime
Sec. 4 - Emergency Service Condition
Sec. 5 - When Absent from Duty
Sec. 6 – Overtime
Sec. 7 – Cash in Compensatory Time
VI
VII
VIII
COMPENSATION FOR SPECIAL CALL IN 9
9
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HOLIDAYS
VACATION
(1)
IX LEAVES OF ABSENCE 11
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15
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Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec
Sec.
1 - Leaves of Absence
2 - Written Notice of Intent to Return
3 - Outside Employment While on Leave
4 - Sick Leave
5 - Emergency Leave
6 - Personal Leave
7 - Workers' Compensation - Injury on Duty
8 - Employee Disability Leave
9 - Military Leave
10- Jury Duty
FRINGE BENEFIT ADMINISTRATION 15
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XI HEALTH, DENTAL AND LIFE INSURANCE
Sec. 1 - Medical Insurance
Sec. 2 - Dental Insurance
Sec. 3 - Life Insurance
Sec. 4 – Long Term Disability Ins. (LTD)
XII RETIREMENT 18
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Sec. 1 - PERS Coverage
Sec. 2 - Employee's Contribution
Sec. 3 - Retiree Medical Annuity
Sec. 4 – PERS Coverage/2.7% at age 55
Sec. 5 – Employer Paid Member Contribution
Sec. 6 – 1959 Survivor Benefit
XIII
XIV
XV
XVI
XVII
TUITION REIMBURSEMENT
PROBATIONARY PERIOD
SENIORITY
CITY RIGHTS
EMPLOYEE ORGANIZATION RIGHTS AND
RESPONSIBILITIES
Sec. 1 - Dues Deductions
Sec. 2 – Indemnification
Sec. 3 - Release Time for Meet and Confer
23
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23XVIIINO STRIKE - NO LOCKOUT
(ii)
XIX GRIEVANCE PROCEDURE 24
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Sec. 1 – Grievance – Definition
Sec. 2 - Conduct of the Grievance Procedure
Sec. 3 - Grievance Procedure Steps
XX
XXI
MISCELLANEOUS
SOLE AND ENTIRE
MEMORANDUM OF UNDERSTANDING
XXII WAIVER OF BARGAINING DURING TERM OF
THIS AGREEMENT 28
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XXIII
XXIV
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XXVI
EXHIBIT A
EMERGENCY WAIVER PROVISION
SEPARABILITY
TERM OF MEMORANDUM OF UNDERSTANDING
RATIFICATION AND EXECUTION
CLASSIFICATIONS REPRESENTED BY D.P.S.A.A.
(111)
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF DOWNEY AND THE
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
ARTICLE I
RECOGNITION
Pursuant to the provisions of the Employee Relations Ordinance of the City of Downey, the
City of Downey (hereinafter called the "City") has recognized the Downey Public Safety Auxiliary
Association (hereinafter called the Association) as the recognized majority representative of all full-
time employees covered in the classifications listed on Exhibit A. The City has recognized the
Association for the purpose of meeting its obligations under the Myers-Milias-Brown Act,
Government Code Section 3500 et seq, and the Employee Relations Ordinance of the City when
City rules, regulations or laws affecting wages, hours or other terms and conditions of employment
are amended or changed.
ARTICLE II
NON-DISCRIMINATION
Section 1. The parties mutually recognize and agree to protect the rights of all employees
hereby to join and/or participate in protected Association activities or to refrain from joining or
participating in protected activities in accordance with the Employee Relations Ordinance and
Government Code Sections 3500 and 3511.
Section 2. The City and the Association agree that they shatl not discriminate against any
employee because of race, color, sex, marital status, age, national origin, political or religious
opinions or affiliations. The City and the Association shall reopen any provision of this Agreement
for the purpose of complying with any final order of a federal or state agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this Agreernent in
compliance with state or federal anti-discrimination laws.
Section 3. Whenever the masculine gender is used in this Agreement, it shall be understood to
include the feminine gender.
Section 4. The City and Association agree to comply with applicable State and Federal laws
and regulations regarding the employment of the handicapped.
ARTICLE 111
BASIC COMPENSATION PLAN
Section 1. Salary Increases/Adjustments.
I A. Salary Increase. All employees covered by this Memorandum of Understanding shall
receive the following salary increases:
(1 )
1. Effective October 4, 2005, four percent (4%). Employees who are on active
payroll status the date of the adoption of the agreement and employees who have
retired after October 24, 2005 shall be eligible for the retroactive adjustment.
2.Effective October 23, 2006, four percent (4%).
3.Effective October 22, 2007, four percent (4%)
B. SalaryAdjustments
1. Effective October 24, 2005, the following classifications shall receive salary
range adjustments as indicated
Code Enforcement OfFicer
Forensic Specialist
Parking Enforcement Officer
Police Records Specialist I & II
Public Safety Dispatcher
Regional Fire Communications Operator
4.2%
1.0c70
1.0c70
1.5c70
3.75c70
3.75cyo
2. Effective October 23, 2006, the following classifications shall receive salary
adjustments as indicated:
Code Enforcement Officer
Forensic Specialist
Parking Enforcement Officer
Police Records Specialist I & II
Public Safety Dispatcher
Regional Fire Communications Operator
4.2%
1.0c70
1.0%
1.5c70
3.75c70
3.75c70
Section 2. The Plan of Salary Schedules.
A. Description of Schedules. The pay plan consists of a set of monthly salary schedules.
Each of such schedules is designated by a schedule number. Each schedule consists of five (5)
steps of monthly compensation, each of which is designated by step letter.
B. Hourly Equivalent Calculation. For payroll purposes, the hourly equivalent of a monthly
rate shall be computed by dividing twelve (12) times the monthly rate by fifty-two (52) times the
nurnbdr of working hours per week.
Section 3.Eligibility for Merit Salary Advancement.
A. Eliqibility for Salary Step Increase.
1. Salary step increases shall be considered on a merit basis only, and then only at the
following times, and in accordance with subsection B below.
(2)
2. All full time appointments shall be made at the first step of the salary schedule
assigned that class, unless prior written approval of the City Manager is obtained for
appointments at a higher step in the assigned schedule.
3. No salary advancements shall be made so as to e>ceed the maximum rate
established in the salary schedule for the class to which the employee's position is
allocated .
B. Qualification for Salary Step Advancement.
1. Advancement shall not be automatic but shall be based upon meR, dependent
upon increased service value of an employee to the City as exemplified by
recommendations of his supervisor, length of service, performance record, special
training undertaken, and other objective evidence.
2. Only employees rated as meeting the standard of work performance expected of
City employees shall be qualified to advance to the salary steps B, C, D and E.
3. If an employee does not receive a merit increase as a result of performance
evaluation the employee may appeal through the grievance procedure.
C. Merit Evaluation
1. Every employee shall receive an objective, written job performance rating, no
sooner than three (3) weeks before, no later than five (5) working days before the date
of eligibility for each salary step, merit longevity or hourly increase, and annually
thereafter, and upon a change of employment status. Nothing in this section shall
prohibit the department head or authorized supervisor from giving an additional
objective rating to an employee between those periods of time described in this
section
2. It shall be the duty of the department head to delegate the responsibility of every
employee's rating to that level of supervision having immediate knowledge of the
employee's work. An employee shall be rated by his immediate supervisor and that
rating shall be reviewed by the department head.
Section 4. Salary Schedule Step Reduction. Whenever an employee's work performance
falls below the level for which a step increase was granted, an employee's authorized pay may be
reduced to the employee's previous step rate under written procedures established by the City for
demotions and reduction in pay.
Section 5. Merit Longevity.
A. Eligibility for Merit Longevity. Upon approval of the appointing power, permanent
employees who have completed ten (10) continuous years of service shall be paid, in addition to
their respective regular prescribed salary, a monthly amount equal to the next salary step above
their monthly base rate (5.5%); and after twenty (20) years, one and one-half (1-1/2) steps above
their monthly base rate (5.5%+2.75%).
(3)
B. Qualification for Merit Lonqevity. Merit longevity is to be provided as continuing incentive
to career employees. Such payment shall continue, with approval of the City Manager, only during
such period as an eligible employee continues to "meet standards" of performance as evidenced by
performance ratings annually submitted by the appointing power to the City Manager; and shall be
terminated by the City Manager when the quality of service as evidenced by the performance rating
of such employee does not merit such additional compensation.
Section 6. Eligibility for Promotion Increases.
A. Any employee receiving a promotion shall receive a salary increase equivalent to one
step, or shall be placed on the first step of the salary schedule for the class to which he is promoted,
whichever is greater.
B. Any employee receiving a promotion who would otherwise have been eligible to receive a
merit increase within sixty (60) days of the effective date of such promotion shall be granted the
merit increase prior to the application of provision A of this Section.
Section 7. Eligibility for Differential
A. Police Department Personnel
1. Employees in the Police Department may receive one of the following salary
additives as shift differential pay if they meet the indicated qualifications:
(i) an employee who regular work shift contains six or more hours between 5:00
p.m. and 5:00 a.m. shall receive a 5.5% shift differential (ii) an employee whose
regular work shift contains four or more hours between 5:00 p.m. and 5:00 a.m. shall
receive a 2.7% shift differential and (iii) an employee whose work shift begins before
6:00 a.m. or ends after 6:00 p.m. shall receive a 1.1 % shift differential.
2. Employee who work the above scheduled times on either an overtime basis or
regular basis1 but are not assigned to such shifts as part of their regular schedule, are
not eligible to receive shift differential pay.
3. Employee who are assigned a shift schedule that is not identical for each work daY
of their work week shall receive a shift differential amount that is equal to the average of
the indicated percentage amounts for each work day. For example, an employee who
works four shifts in a work week is assigned a shift that qualifies for a 5.5% shift
differential three days and a shift that qualifies for a 2.7% differential one day. The
average of the percentage amounts is (3 x 5.5 +2.7)/ 4, or 4.8%.
B Fire Department
1. Regional Fire Communications Operators shall receive a differential pay of two and
three-quarters percent (2.75%) while working any shift.
2. Fire Dispatch Supervisor shall receive the two and three-quarters percent (2.75%)
differential pay if scheduled to work hours other than 7:30 a.m. to 5:30 p.m.
(4)
Section 8. Bonus Pay for Training.
A. An entry level "A" step employee’s salary shall be reduced by an amount equal to two and
three-quarters percent (2.75%) of the appropriate salary schedule for a maximum period of six (6)
months
B. At the Chiefs discretion, an employee may be paid an amount equal to two and three-
quarters percent (2.75%) of the appropriate salary schedule for those working hours utilized for the
purposes of training new employees. This Section shall be used for those employees specifically
assigned to a trainee by the Chief.
Section 9. Uniforms. The Fire and Police departments shall establish uniform standards and
shall designate classifications that will be required to wear uniforms. Each person in a classification
that is designated to wear a uniform shall be issued three complete sets of uniforms (shirts, skirts, or
trousers) and other uniform gear as required by departmental guidelines. Thereafter, uniforms shall
be replaced on an as needed basis as determined by each of the departments.
Section 10. Acting Pay. An employee who has been designated by the City to serve in an
acting capacity for sixty (60) consecutive work days or more shall receive Step A of the range for the
classification in which the employee is performing active duties or 5.5%, whichever is greater.
Service in an acting capacity shall not be used as a basis for, or in support of, a request for
reclassification.
Section 11. Out-Of-Class Pay. The City may temporarily assign employees to work out of
classification. The selection of the employee for an out-of-classification assignment shall be at the
discretion of the department head or designee. A temporary out-of-rank pay differential of 5.5%
shall be authorized when an employee has actually worked in a position of higher rank for a
combined total of eighty (80) hours during a calendar year. Paid holidays shall be considered as
days actually worked. Other forms of authorized leave such as sick leave, emergency leave,
vacation and all other non-holiday leave shall not be considered as days actually worked.
Section 12. Bilingual Pay. Employees required to speak or translate Spanish, or other
languages designated by the City Manager, as part of their regular duties will be compensated
$23.08 per biweekly pay period in addition to their regular salary. The Fire Chief and/or the Police
Chief 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 court certified interpreter, or an employee who has been certified by the Personnel Director to
administer such examination. Employee must recertify at least every eighteen (18) months to
maintain'the eligibility. Effective October 30, 2000, qualified employees will be compensated at
$46.15 per biweekly pay period.
Section 13. Court Time.
A. Court time is time required to be spent by all bargaining unit employees in response to a
subpoena, a coroner's inquest, a hearing or trial on a civil action on behalf of the City, or criminal
case at a time other than that regularly required of such employee for his employment, for the
purpose of testifying as to knowledge acquired in the course of his/her employment with the City.
This definition shall apply to subpoenas issued for taking of depositions.
(5)
Employees, who are off duty on sick leave benefits, as described in Article IX, Section 4, of
this Agreement, or Workers' Compensation as described in Article IX, Section 7, or when testifying
at any grievance, City Council or other hearing on behalf of himself/herself, another employee or the
Association, shall not accrue additional time or compensation as court time.
B. Compensation for Court Time. All bargaining unit employees shall be compensated for
court time as follows:
1. Criminal Witness: All bargaining unit employees will be paid at the applicable
hourly rate or, with the approval of the Chief of Police, may, in lieu of pay, accumulate
any portion of his/her court time and take an equivalent leave of absence. The
accumulation of court time to be used as leaw of absence shall be limited to the
number of hours earned for which such members have not been otherwise
compensated at the member’s applicable hourly rate of pay,
2. Civil Witness (in the line of duty): All bargaining unit employees shall receive
his/her normal salary (and expenses, if any) from his/her employer for time at court
and to and from court, while testifying in any civil case on behalf of the City.
3. Payments: Payments under this Section shall be on the regular payday following
such court appearance. The Chief of Police shall make a report to the Finance
Director prior to each pay date, listing the member’s earning benefits under this
Section. Such report shall indicate the court time each member earned in the previous
pay period and whether he/she has elected to receive equivalent time as leave of
absence pay when appearing as a witness.
4. Standby Compensation: Minimum standby time for court assignments shall be
compensated as follows:
a.
b
C.
d.
Two (2) hours pay for the morning standby.
Two (2) hours pay for the afternoon standby.
If the employee is called into court, he/she shall be paid the above minimum
or actual number of hours in court, whichever is greater.
Standby pay shall be paid at the rate of time and one-half.
Section 14. Standby Compensation
A. All Employees. Any unit member who is designated by management to be on standby on
the weekends and/or holidays shall be compensated for standby time at ten (10) hours
compensatory time for Saturday and Sunday and five (5) hours compensatory time for a holiday.
Any unit member designated by management to be on standby shall be required to carry a beeper
and answer all calls from the department in a timely manner.
B. Police Dispatch Center. The City wishes to establish a viable call back list. All Public
Safety Dispatchers shall have their names on the list. In addition, any unit member who has
completed Public Safety Dispatcher training and has been approved by the Police Department to
participate, may sign up for, and be placed on the call back list. Each weekend, when staff
vacancies so dictate, the person who is on the top of the list shall be designated as standby for the
(6)
weekend and will be subject to mandatory call back for work during the weekend. The weekend
shall be defined as Friday 1700 hours to Monday 0500 hours. The person designated shall receive
10 hours of compensatory time for the weekend. If the designated person is called in for up to one
shift, the employee will receive the ten hours of compensatory time. In the event the employee is
called in to work two shifts during the defined weekend hours, they will receive 5 hours of
compensatory time and will not be subject for call back for the remainder of the weekend. .Once the
person has been designated for a weekend, their name is rotated to the bottom of the list.
Individuals may swap locations on the list as long as the request is made in writing to their
supervisor and the swap has been approved prior to the start of the weekend.
Section 15. Matron Duty Pay. Police Records Specialists I & II are required as a part of their
regular duties to search female prisoners. Effective October 25, 2005, those employees required to
search female prisoners shall receive matron duty pay of two per cent (2%). Should these duties be
removed from the classification and/or should an individual employee be declared unable to perform
these duties because of physician ordered permanent work restrictions, the matron duty pay shall be
removed for the classification and/or the individual. The removal of pay shalt not occur when a
physician declares the work restrictions temporary.
ARTICLE IV
WORKWEEK
Section 1 . The regularworkweek for all employees, except for Regional Fire Communications
Operators, covered by this Agreement shall be forty (40) hours per week.
Section 2. Regional Fire Communications Operators. In accordance with Federal law, the
Fair Labor Standards Act (FLSA) regulations were implemented on April 15, 1986. It was agreed
that
A. In compliance with the FLSA regulations, Regional Fire Communications Operators will
be paid for all hours actually accrued during the pay period.
B. All hours worked in excess of forty (40) hours in a workweek will be paid at the overtime
rate of time and one-half.
C. To avoid the prospect of having to reduce the number of hours reported for retirement
purposes, the City will continue to report 40 hours per week to PERS regardless of whether the
employee actually accrued 40 hours during the week. However, for the purpose of calculating
overtime compensation, sick leave hours used will not be included as part of the 40-hour workweek.
Other-forms of paid leave time (i.e., vacation and compensatory time) will be included as part of the
40-hour work week for purposes of calculating overtime compensation. This agreement has been
reached for the purpose of maintaining both the existing shift schedule as well as maintaining the
number of hours reported to the retirement system.
(7)
Section 3. For all Police Department employees covered by this Agreement, the normal
workweek shall consist of four ten-hour days. If, in the opinion of the Chief of Police, restructuring of
the normal work day or workweek becomes necessary for the purpose of promoting efficiency,
nothing herein shall be construed as preventing the Chief of Police from restructuring the normal
work day or work week for individual employees.
Changes in the Normal Workweek 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 notice in writing of such change as far in advance as reasonably practical.
If the change is other than on an individual basis, the City shall meet and confer with the Association
regarding the impact of the decision prior to implementing a general change. If an individual
employee does not receive a written notice two weeks before the change, the employee shall not
lose shift differential pay for the first two weeks of the schedule change.
Section 4. Part-time employees are those hired for less than the standard forty (40) hour week
and paid on an hourly basis.
ARTICLE V
OVERTIME (COMPENSATORY TIME)
Section 1. Compensation for Overtime. All approved overtime, worked by an employee, shall
be paid at the rate of time and one-half the regular hourly rate of pay for such employee. Overtime
shall be paid on all hours worked in excess of a normal shift, or in excess of forty (40) hours in an
employee's workweek. (For Regional Fire Communications Operators refer to Article IV, Section
2(C).)
Section 2. There shall be no pyramiding of overtime, which means that employees shall not be
compensated more than once for the same hours under any provision of this Agreement.
Section 3. It is the policy of the City that overtime work is to be discouraged. However, in cases
of emergency or whenever public interests or necessity requires, any department or division head
may require any employee in such department or division to perform overtime work. The projects
and types of work for which overtime may be authorized shall be approved in advance by the City
Manager, except in the event of emergency, overtime is authorized by the department head or his
designee
Section 4. Emergency Service Condition. In accordance with Article XXIII, in the event of a
severe emergency or national or state disaster, the City shall not be required to pay overtime.
Regardless of any of the provisions of this Agreement, employees shall not be entitled to receive
overtime during the first seven (7) calendar days of the severe emergency or disaster.
Section 5. In the event an employee is absent from duty, whether for vacation, compensatory
time, sick leave or other disability, for a period exceeding five (5) work days, overtime during that
work cycle will not be paid. If the employee is ordered to work during their vacation, the employee
will be paid overtime for those hours worked.
Section 6. Overtime. Overtime may be compensated in time off or money. Employees who
are assigned to work overtime shall have the right to be paid money, unless the form of
(8)
compensation has been discussed in advance. Management may inform employees, prior to the
performance of the work, that only "comp. time" is available. In this instance, employees shall have
the right to refuse the overtime assignment.
Section 7. Cash in of Compensatory Time. Employees covered by this Agreement may cash
in accrued compensatory time earned as overtime unless they have been informed as set forth in
Section 6 above. Employees may not cash in compensatory time earned from a holiday when the
holiday falls on the employee's regular day off.
ARTICLE VI
COMPENSATION FOR SPECIAL CALL-IN
Section 1. Employees covered by this Agreement who are "called in" to perform work on an
unscheduled basis at times other than those normally required for the employee's employment shall
receive and be paid for a minimum of two and six-tenths (2.6) hours at the overtime rate of time and
one half. Employees shall be entitled to callln pay in the event the employee is required to report
back to work after completing the employee’s normal work shift, left City premises, and/or the
employee's work location. Hours worked in exces.s'of the two and six-tenths (2.6) hour guarantee
shall be counted toward the computation of overtime pay.
Section 2. If an employee is called in two and six-tenths (2.6) hours or less before the start of
the regular work shift, such employee shall not be given the two and six-tenths (2.6) hour guarantee.
Any hours worked in excess of the normal shift on that day shall be paid at the rate of time and one-
half the employee's regular hourly rate of pay.i ARTICLE VII
HOLIDAYS
At the beginning of each calendar year, all employees covered by this agreement shall be credited
with one hundred and ten (1 10) hours of holiday time off; to be scheduled at the mutual convenience
of the employees and the respective department in accordance with departmental policy or paid to
the employee at the employee’s regular rate of pay. Payments for holiday pay will be reported to
PERS in ac.c,ordanc,e with PERS regulations. Holiday pay shall be paid at the end of each calendar
year, unless the employee requests in writing to be paid for a specific holiday in the pay period in
which the Holiday falls.
(9)
ARTICLE VIII
VACATION
Section 1. Employees covered by this Agreement shall accrue vacation leave with pay on the
following scheduled basis:
Year of Service Hours per Year Monthly Accrual
0 - 3
4 - 5
6-10
11 - 15
16 - 20
80
96
120
136
160
6.7
8.0
10.0
11.3
13.4
Section 2. Vacation shall be taken at the convenience of the City with the approval of the
department head. Where possible, such vacation should be taken annually and not accumulated
from year to year. All eligible employees, however, shall be allowed to accumulate two (2) years
allowance of vacation. If the employee is prohibited by the supervisor from taking the employee's
vacation because of manpower shortages or operational needs, the employee shall be paid all
vacation in excess of two (2) years at the rate earned at the time the employee would have taken his
or her vacation. All accumulated vacation in excess of two (2) years shall be taken off within ninety
(90) days, at a time mutually agreeable to both the supervisor and the employee. If at all possible
the supervisor shall accommodate the employee's desires as to the taking of vacations. If the
employee does not take the excess vacation time off within the ninety (90) days, the employee will
forfeit this excess time.
Section 3. When an employee who has become entitled to receive vacation under this Article
separates from City service, either by retirement, permanent layoff, or termination, the employee
shall be entitled to be paid for unused earned vacation at the rate of pay in effect at the time of
separation.
Section 4. Full-time permanent employees, who are separated from their employment with the
City, after completion of the probationary period, shall be paid all accrued vacation.
Section 5. Fire Department Only. Covered employees will schedule vacations at the beginning
of each year. Scheduling shall be in four (4) shift increments. If, after such scheduling, less than
four (4) shifts remain unscheduled, they may be scheduled in one (1 ) shift increments or scheduled
with holiday time off. Employees may use vacation time in one shift increments at times other than
originally scheduled provided that a qualified substitute can be found to replace the employee for
that shift
(10)
ARTICLE IX
LEAVES OF ABSENCE
Section 1 . Leaves of Absence. The City Manager may grant a permanent employee a leave of
absence for a specific purpose, without pay, for a period not to exceed up to one (1 ) year. The City
Council may grant a permanent employee a leave of absence for a specific purpose, with pay, not to
exceed one (1 ) year. No such leave shall be granted except upon written request of the employee.
Approval shall be in writing and a copy filed with the Personnel Office of the City. Upon expiration of
a regularly approved leave, the employee shall be reinstated in the position held at the time leave
was granted. The employee shall report promptly upon the expiration of any leave granted. Failure
to report within a twenty four (24) hour period after expiration of leave shall be considered a
voluntary resignation. No employment or fringe benefits such as, but not limited to, sick leave,
vacation, health insurance, retirement or any other benefit shall accrue to any employee during
leave of absence without pay. An employee on approved leave may elect to pay the premiums due
in order to maintain health insurance benefits during the term of such leave.
Section 2. An employee on leave of absence must give the City at least seven (7) days written
notice of the employee's intent to return to work.
Section 3. An employee who engages in outside employment during said leave of absence,
shall be subject to termination. Any employee who falsifies a reason for the request for said leave of
absence or any extension of such leave of absence, may be terminated for falsifying such request.
Section 4. Sick Leave
A. Sick leave shall be defined as absence from duty because of illness or off the job injury,
or exposure to contagious diseases as evidenced by certification from an accepted medical
authority.
B. Sick leave shall be accrued by covered employees at the rate of eight (8) hours per
month of service. Sick leave shall not be considered as a privilege that an employee may use at his
discretion but shall be allowed only in case of necessity and actual sickness or disability. Unused
sick leave shall accrue without limit on accumulation.
C. In order to receive compensation while absent on sick leave, the employee shall notify a
designated supervisor prior to or within two (2) hours of the time set for beginning duty, unless
notification is physically impractical. For any such absence, the employee shall file a written
statement with the City Manager stating the cause of the absence. When the absence is for more
than one (1) work day and if there is reasonable cause to indicate abuse of sick leave, the
department head concerned may require a physician's certificate stating the cause of absence
before said leave shall be approved by the City Manager.
D. The right to benefits under the sick leave plan shall continue only during the period that
the employee is employed by the City. This plan shall not give any employee the right to be retained
in the service of the City, or any right of claim to sickness disability benefits after separation from the
services of the City.
(
(11)
E. Notwithstanding anything contained in this Section, no employee shall be entitled to
receive any payment or other compensation from the City while absent from duty by reason of
injuries or disability received as a result of engaging in employment, other than employment by the
City, for monetary gain or other compensation; or by reason of engaging in business or activity for
monetary gain or other compensation other than business or activity connected with City
employment.
F. At the written request of the appointing authority, the City Manager may require an
employee to submit to an examination by the City's physician; and if the results of the examination
indicate the employee is unable to perform his duties; or in the performance of his duties, exposes
others to infection, the employee shall be placed on sick leave without privilege of reinstatement
until adequate medical evidence is submitted that the employee is competent to perform his duties
or will not subject others to infection. Any employee so examined shall have the right to submit the
reports of a competent medical authority of his own selection, and at his own expense, in addition to
the report submitted by the City's physician. In the event of a conflict of opinion and/or
recommendation of the two physicians, a third physician shall be selected by the first two physicians
and the final decision shall be made by the City Manager, who may seek the advice of the Personnel
Advisory Board of the City.
G. Upon retirement of an eligible employee, 90% of an employee’s unused accumulated
sick leave shall be deposited into the City Retirement Health Savings Plan to be used for eligible
medical expenses. The maximum number of hours that will be deposited in 1, 296 hours (90% of
1 ,440)
H. In the event of a permanent or indefinite layoff, an employee with ten (10) years of
continuous service with the City shall be entitled to the above benefit. If such employee resigns after
receiving official notification of his impending layoff, he shall be eligible for the above benefit. This
provision shall be retroactive to January 1, 1982.
I. Accrued sick leave shall be valued for the purposes of Section G above, on the following
basis
1. Sick leave earned prior to June 30, 1974 shall be costed at salary rates in effect on
June 30, 1974.
2. Sick leave earned on or after July 1 , 1974 shall be costed at the rate prevailing at the
end of the fiscal year in which it was earned.
3. 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 in effect at the time of
taking sick leave.
J . Employees who become entitled to accrued sick leave allowance that has not been used
may convert each two (2) hours of accumulated sick leave to one (1 ) additional hour of vacation;
after having accumulated six hundred and forty (640) hours of sick leave and providing that not more
than forty (40) hours of additional vacation days may be so converted in any one (1 ) fiscal year.
(12)
Section 5. Emergency Leave.
A. Any employee who is absent from work by reason of attendance upon members of the
immediate family whose incapacitation requires the care of such employee; or death in the
immediate family of the employee, may be allowed emergency leave with pay, not to exceed six (6)
work days per incident on the basis of one-half (1/2) work day for each month of regular
employment, that is deducted from accumulated sick leave, not to exceed twelve (12) work days per
year. Immediate family shall include and be limited to, mother, father, brother, sister, spouse, child
or grandchild or grandparent of any eligible employee, or of the spouse of any employee of the City.
B. For absences under this Section exceeding a total of three (3) working days in any six (6)
month period, a physician's certificate verifying the family’s incapacitation leave basis may be
required by the City Manager or department head.
C. All such claims for emergency leave are subject to verification by the City Manager.
Section 6. Personal Leave. With approval of the department head, two (2) days per year of an
employee's sick leave may be used on personal matters that are of an unseen combination of
circumstances that call for immediate action or to add additional hours per Holiday as covered in
Article VII Section 7. Such matters shall be considered as those events or occurrences that a
reasonable prudent person would not or could not postpone to a subsequent time. The nature of
the matter shall be explained to the immediate supervisor and shall be granted with his approval.
Such personal leave shall not be cumulative from year to year.
i Section 7. Workers' Compensation Injury On Duty.
A. When an employee is absent from work by reason of an injury or illness covered by
Workers' Compensation, the City will pay the difference between the amount granted pursuant to
the Workers’ Compensation Act and the employee’s regular rate of pay for up to one year.
Employees who are covered by this Agreement and are hired after May 1 3, 1997; and are absent
from work by reason of an injury or illness covered by Workers’ Compensation, the City will pay the
difference between the amount granted pursuant to the Workers’ Compensation Act and eight-five
percent (85%) of the employee’s regular rate of pay for up to six months (twenty-six pay periods).
Thereafter, the employee will be paid the amount required by the Workers’ Compensation Act.
B. Reclassification of Injured Worker. If, in the opinion of the City, an employee has been
found to be permanently physically incapable of performing the duties of the currently held position,
the City may place the employee into another vacant position of equal level or lower within the
bargaining unit; provided such placement is consistent with the City’s affirmative action program
and is approved by the appointing authority. Nothing herein shall be construed to prevent such
employee from applying for and competing for positions of a higher class or positions represented
by other bargaining units.
Section 8. Employee Disability Leave.
A. This Section establishes a disability leave plan at seventy-five (75) percent of the base
salary for employees having more than one (1 ) year continuous service with the City; and who have
exhausted all accumulated sick leave, vacation and compensatory time due to non-industrial illness
(13)
or injury under the following eligibility schedule. An employee may request to retain 40 hours leave
time as part of the application for leave process:
Maximum Time Allowance (Hours)
Additional
After
Reimbursement
Before
ReimbursementYears of Service Total
1 through 5
6 through 10
Over 10
240
360
480
120
184
240
360
544
720
B. Application for disability leave shall be made by the employee through the department
head, to the City Manager, accompanied by full medical justification from a physician chosen by the
City at the discretion of the City. Failure to submit to such an examination shall be a basis for
terminating disability leave. If the City Manager approves the application, he shall notify the
employee, in writing, of such approval.
C. After the employee returns to work, the employee shall reimburse the City one-half (1/2)
of the time used for such employee disability leave at a minimum rate of one-half (1/2) day of sick
leave per month or may contribute vacation to accelerate employee's reimbursement to the City for
providing the benefits under this Article.
D. When the "maximum time allowance" has been reimbursed as set forth above, the
employee shall be eligible to apply for additional disability leave on the basis of one (1 ) day's leave
for each half (1/2) day reimbursed to the City; 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. Disability leave shall not deprive an employee of his rights to vacation and sick leave
accumulation during such leave.
F. Grounds for termination of disability leave by the City Manager shall include, but not be
limited to, the following reasons:
1. The employee has recovered from his illness or injury.
2. The disability leave was procured by fraud, misrepresentation or mistake.
3. The employee has not cooperated fully in supplying all information and submitting to
any examination requested by the City to determine the existence or continuing nature of
the employee's disability.
G. The City shall continue to provide the IRS 125 Plan for the purpose of reimbursement for
medical and child care expenses.
(14)
i
H. If the employee should terminate from the City prior to reimbursing per Section C. above,
then any unused leave time (vacation, compensatory time, or sick leave) shall be used on an hour
for hour basis to complete the required reimbursement prior to any leave time pay-off being paid to
the employee.
Section 9. Military Leave. Military leave shall be granted in accordance with the provisions
of state and/or federal law. All employees entitled to military leave shall give the appointing power
an opportunity, within the limits of military regulations, to determine when such leave shall be taken.
Section 10. Jury Duty. Effective August 1 , 1991, the City will not provide any paid release
time for jury duty to employees in classifications represented by the Association. If the State and/or
Federal Court Jury Commissioners rescind their present policy of granting exemptions from jury
service to persons who do not receive paid release time from their employers, so as to require jury
service despite the absence of such pay from their employer, then the Citys practice of providing
paid release time to employees for jury duty shall be reinstated immediately upon the effective date
of such change for the applicable State and/or Federal Court.
A. In the event that an employee is called for jury duty and wishes to serve, accrued
vacation leave, compensatory time or a leave of absence without pay shall be granted subject to the
scheduling requirements of the City.
B. In the event that the court fully reimburses the City for the full salary of an employee on
jury duty, the City wiI[ immediately reinstate the practice of providing paid release time to employees
for jury duty.
C. In the event that an employee is called for jury duty and the court does not excuse jury
service based on the non-payment of salary by the employer, the City shall grant said employee paid
release time for the required jury duty.
ARTICLE X
FRINGE BENEFIT ADMINISTRATION
Section 1. Administration. The City reserves the right to select the insurance carrier or
administer any fringe benefit programs that now exist or may exist in the future during the term of
this Agreement.
Section 2. Selection and Funding. In the administration of the fringe benefit programs, the
City sHall have the right to select any insurance carrier or other method of providing coverage to
fund the benefits included under the terms of this Agreement, provided that the benefits of the
employees shall be no less than those in eHstence as of the implementation of this Agreement.
Section 3. Changes. If, during the term of this Agreement, any change of insurance carrier or
method of funding for any benefit provided hereunder occurs, the City shall notify the Association
prior to any change of insurance carrier or health plan administrator or method of funding the
coverage
(
(15)
ARTICLE XI
HEALTH, DENTAL AND LIFE INSURANCE
Section 1. Medical Insurance. The City shall continue to contribute 1 00% to a medical benefit
package for the employee and his/her dependents for the term of this Agreement. Effective
November 1 , 2000, the City agrees to add to the Kaiser Plan the benefit of eyeglass lenses every
twenty-four months with a $150 frame allowance.
A. Employee Withdrawal from City Health Plan. The City agrees to permit an employee to
withdraw from the City health plan as follows:
1. The employee is either enrolled in the Kaiser Plan; or
2. The employee had claims paid for the year prior to the open enrollment in an amount
equal to or greater than the emplo>ee premium rate; and
3. The employee presents written proof that the employee is covered by another health
plan; and
4. The employee notifies the City during the annual open enrollment period.
The City agrees that the employee who is qualified to withdraw shall receive $81.00 per month
if the withdrawal is for employee only coverage, $162.00 per month if the withdrawal is for
employees plus one coverage, or $229.00 per month if the withdrawal is for family coverage, to be
added to the employee's paycheck or to be placed in the Citys deferred compensation plan.
B. Citywide Medical Committee - A Committee, consisting of one representative
appointed from each Employee Association will be created for the purpose of studying the City
Medical plans with the goal of reducing the cost of the plans and developing improved retiree
medical benefits. No changes to the existing health benefits will be made without written approval of
both parties.
Section 2. Dental Insurance. The City shall contribute to a dental benefit package for the
employee and dependent at a cost of up to $31.95 per employee per month. Any mounts necessary
to fund existing benefits in excess of the amounts that the City is obligated to contribute set forth
above shall be borne by the employee
For Delta Dental Coverage. Effective January 1, 2006 (start of new benefit year), the City
agrees to increase the maximum benefit payable from $1,000 to $2,000 for each enrollee in each
calendar year. Further, it is agreed that the City contribution will increase to cover this benefit while
the employee contribution will remain $37.52 until the July 1 , 2008. For the rate that will be effective
July 1 , 2008 and each year thereafter, the city shall calculate the city and employee contribution as
follows
In May of each year the City shall calculate the overall premium rate based on claims
experience, Delta administrative fees and an industry trending projection. The difference between
the City contribution in effect at the time of the rate calculation and $31.95 will be multiplied by the
(16)
per cent of the overall premium rate increase from the year before. That number will then be added
to the city contribution to become the new city contribution. The employee contribution will be
determined by subtracting the new premium rate by the new city contribution. That amount will be
included in the memo that is sent to all employees during the month of June for the reenrollment
period. An example of the calculation is shown below:
current City
Current Employee
Total
$31.95
$37.52
$69.47
As of July 1, 2006
Increase for new cap $10.00
Current
rate
$ 31.95
$ 37.52
Increase
$ 10.00
New Amts
$ 41.95
$ 37.52
$ 79.47
New City
New Employee
Total
As of July 1 , 2007
Increase in costs $ 10.00
$ 41.95
$ 37.52
$ 79.47
New City
New Employee
total
$ 10.00 $ 51.95
$ 37.52
$ 89.47
As of July 1 , 2008
% increase
New Amts
$ 93.9450/o
Cap cost
$ 51.95 $ 20.00
$ 37.52
Increase
$ 1.00New city
New Employee
total
$ 52.95
$ 40.99
$ 93.94
As of July 1, 2009
c70 increase 50/o $ 98.64
New City
New Employee
total_
$ 52.95 $ 21.00
$ 40.99
$ 1.05 $ 54.00
$ 44.64
$ 98.64
Section 3. Life Insurance. Each employee covered by this Agreement shall be provided with a
group term life insurance benefit of $10,000.
Section 4. Long Term Disability Insurance. Effective July 1 , 1997, each employee covered
by this Agreement shall be provided the existing long-term disability insurance program.
(17)
ARTICLE XII
RETIREMENT
Section 1. PERS Coverage. Employees covered by this Agreement participate in the Public
Employees’ Retirement System. Employee options are described in a contract between the City of
Downey and the Public Employees' Retirement System, and are incorporated into this Memorandum
of Understanding.
Section 2. Employee's Contribution. Seven (7) percent of the employee's gross salary is
applied to the emplo)ee's contribution to the Public Emplo\pes' Retirement System.
Section 3. Retiree Medical Annuity. An employee who retires from the City of Downey after
January 1 , 1989, shall be entitled to participate in the City-sponsored medical plan and the City shall
contribute up to a maximum of $98.00 per month toward the premium for employee only coverage
under the City-sponsored medical plans, provided:
A. At the time of retirement the employee has a minimum of ten (10) years of service, or is
granted a service-connected disability retirement; and
B. At the time of retirement the employee is employed by the City; and
C. Effective the day after official separation from the City the employee has been granted a
retirement allowance by the California Public Employees' Retirement System.
The City's obligation to pay up to a maximum of $98.00 per month toward the premium in the
City plan shall be modified downward or cease during the lifetime of the retiree upon the happening
of any one of the following:
1. During any period the retired employee 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
premium contribution set forth above, the City shall have the right to require any retiree
to annually certify that the retiree is not receiving any such paid health insurance benefits
from another employer. If it is later discovered that misrepresentation has occurred, the
retiree will be responsible for reimbursement of those amounts inappropriately expended
and the retiree's eligibility to receive benefits will cease.
2. If the retired employee becomes eligible to enroll, automatically or voluntarily, in
Medical or Medicare, the Citys plan shall provide secondary coverage only and the
City's contribution rate set forth above shall be adjusted downward accordingly.
3. In the event the Federal government or State government mandates an emplo\yer-
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 contribution rate
(18)
set forth above shall be first applied to that plan. If there is any excess, that
excess maybe applied toward the City medical plan as supplemental coverage provided
the retired employee pays the balance owing for such coverage if any.
4. Upon the death of the retired employee, this benefit shall cease. It is understood
and agreed that the annual amount contributed by the City to fund the Retiree Medical
Annuity on behalf of the employees, shall be included as an item of compensation in
total compensation survey comparisons.
Section 4. PERS Coverage / 2.7 at age 55. The City agrees to amend the PERS contract
to provide the benefit known as 2.7% @ age 55 effective on or around August 1 9, 2002, provided a
positive ratification-vote occurs as required by PERS law.
Section 5. Employer Paid Member Contribution
A. When the 2.7% @ age 55 PERS contract amendment is effective (estimated as
August 19, 2002), the City agrees to “pick-up” the additional one percent employee contribution
required under PERS law.
B. The parties acknowledge that there is a cost in providing 2.7% @ Age 55. The
PERS actuary has calculated the “change to normal cost” to be 2.280% of salary. The Association
agrees that if the employer rate increases above 2.280%, then effective the date of the rate
adjustment the deduction for the employee contribution to PERS will increase by a corresponding
amount. The City agrees that should a PERS Actuary later determine that the “change to normal
cost” be less than 2.280%, then the City will increase the employee’s salary by an equal amount.
Section 6. 1959 Survivor Benefit. The City agrees to process the amendment to the PERS
contract to provide the benefit known as Fourth Level 1959 Survivor Benefit, when:
A. All non-safety groups have agreed that should the employer rate increase above the
current amount (0%), then a corresponding payroll deduction will be made from each employee
represented by the Association each time the new rates are effective. Each employee will be
responsible for a prorated share of the increased cost, and
B. Each Association has submitted a written statement that their members have approved
of the PERS amendment and have been advised of the potential cost.
ARTICLE XIII
TUITION REIMBURSEMENT
Section 1. With prior approval of the City Manager, employees may be reimbursed for tuition
and books for courses taken to improve their value to the City. Tuition shall be reimbursed for
courses as recommended by the department heads with job related justification and approved by
the City Manager, with quarterly report to the City Council including the names of individuals, their
positions, and the courses taken. Employees must receive a passing grade in order to be
reimbursed for the course. Reimbursement shall be made at the rate of tuition equivalent to the rate
charged at California State University at Los Angeles for courses on the quarter system, andr
(19)
California State University at Long Beach for courses on the semester system. Reimbursement
shall be for required books only.
ARTICLE XIV
PROBATIONARY PERIOD
Section 1 . A new hire or promotional appointment will be tentative and subject to a probationary
period of not less than twelve (12) months for Public Safety Dispatcher, Regional Fire
Communications Operators, Police Assistant and Forensic Specialist; and six (6) months for
represented classifications not listed above, except that the City Manager may extend the
probationary period for a class up to an additional six (6) months or for a marginal employee who is
on probation for up to an additional three (3) months. During the probationary period an employee
may be terminated at any time because of unsatisfactory performance. During the probationary
period the employee's supervisor shall attempt to counsel the probationary employee on a periodic
basis, prior to the end of the probationary period regarding his performance.
Section 2. If the service of the probationary employee has been satisfactory to the appointing
authority, then the appointing authority shall file with the personnel office a merit rating including a
statement, in writing, to such effect and stating that the retention of such employee in the service of
the City is desired. If the services of the employee are deemed to be unsatisfactory and his
employment is to be terminated at or before the expiration of the probationary period, the appointing
authority shall notify such employee not later than two (2) weeks prior to the end of the probationary
period
Section 3. All probationary periods shall extend to the first day of the month following the period
of probation.
Section 4. Rejection Following Promotion. Any employee rejected during the probationary
period following a promotional appointment or at the conclusion of the probationary period by reason
of failure of the appointing power to file a statement that his services have been satisfactory, or at
the discretion of the employee, shall be reinstated to the position from which he was promoted
unless charges are filed and he is discharged in the manner provided in the Personnel Ordinance
and the rules for positions in the classified service. If there are no vacancies in the position from
which he was promoted, the provisions of ARTICLE XV shall apply.
ARTICLE XV
SENIORITY
Section 1. Employee seniority is the length of continuous service of the employee with the City
from his most recent date of hire or rehire.
Section 2.
A. No employee shall acquire any seniority until he has completed his probationary period.
B. When an employee has completed his probationary period, his seniority shall date from
date of hire.
(20)
Section 3. Seniority shall apply between employees in a classification within a department for
purposes of layoff and recall if, in the objective determination of the City, the employees' ability,
competency, and skill are substantially equal.
Section 4. Any separation from service, other than an approved leave of absence or layoff,
shall cause the employee to lose his seniority rights.
Section 5. An employee who is laid off shall retain his seniority rights to recall for a period of
one (1 ) year.
Section 6. Seniority Bidding.
A. With respect to work assignments of covered employees in the Police Department, work
shifts, days off and vacation will be based upon seniority within classifications. Shift selection
procedures involving employee bidding based upon seniority shall be implemented regularly,
provided the Chief of Police shall retain the authority and discretion to assign individual
Communications Operators to shift scheduling without regard to seniority to insure that a balance of
experienced personnel are assigned to the respective shifts or to otherwise meet the needs of the
department.
B. If, in the opinion of the Chief of Police, it should become necessary to establish shift
assignment procedures departing from seniority bidding, the Chief of Police shall give written notice
of such change as far in advance as practical. Prior to implementing such a general change, the
Chief of Police shall meet and confer with the Association regarding the impact of the decision.
ARTICLE XVI
CITY RIGHTS
Section 1. The City reserves, retains, and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provisions of this Agreement or by
law to manage the City, as such rights existed prior to the execution of this Agreement. The sole
and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall
include, but not be limited to, the t)llowing rights:
A. To manage the City generally and to determine the issues of policy.
_B. To determine the existence or non-existence of facts which are the basis of the
Management decision.
C. To determine the necessity and organization of any service or activity conducted by the
City and expand or diminish services.
D. To determine the nature, manner, means, and technology, and extent of services to be
provided to the public.
E. Methods of financing.
(21 )
F. Types of equipment or technology to be used.
G. To determine and/or change the facilities, methods, technology, means, and size of the
work force by which the City operations are to be conducted.
H. To determine and change the number of locations, relocations, and types of operations,
processes and materials to be used in carrying out all City functions including, but not limited to, the
right to contract for or subcontract any work or operation of the City.
I. To assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments.
J. To relieve employees from duties for lack of work or similar non-disciplinary reasons.
K. To establish and modify productivity and performance programs and standards including,
but not limited to, quality and quantity standards; and to require compliance therewith.
L. To discharge, suspend, demote, or otherwise discipline employees for proper cause.
M. To determine job classifications and to reclassify employees.
N. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the
City
O. To determine policies, procedures and standards for selection, training and promotion of
employees.
P. To maintain order and efficiency in its facilities and operations.
Q. To establish and promulgate and/or modify rules and regulations to maintain order and
safety in the City which are not in contravention with this Agreement.
R. To take any and all necessary action to carry out the mission of the Agency in
emergencIes.
Section 2. Except in emergencies as defined in Article XXIII, or where the City is required to
make ehanges in its operations because of the requirements of law; whenever the exercise of
Management's rights shall impact on emplo'yees of the bargaining Association, the City agrees to
meet and confer with representatives of the Association regarding the impact of the exercise of such
rights, unless the matter of the exercise of such rights is provided for in this Agreement or in the
personnel or departmental rules and regulations and/or salary resolutions. By agreeing to meet and
confer with the Association as to the impact and the exercise of any of the foregoing City rights,
Management’s discretion in the exercise of these rights shall not be diminished.
(22)
The City shall not exercise the foregoing rights in an arbitrary or capricious or invidiously or
discriminatory manner or in such a manner as to imperil the health and/or safety of the employees.
ARTICLE XVII
EMPLOYEE ORGANIZATION RIGHTS AND RESPONSIBILITIES
Section 1. Dues Deductions. The City shall deduct dues on a regular basis from the pay of all
employees in the classifications and positions recognized to be represented by the Association, who
voluntarily authorize such deduction, in writing, on a mutually agreed upon form to be provided for
this purpose. The City shall remit such funds to the Association within thirty (30) days following their
deduction
Section 2. Indemnification. The Association agrees to hold the City harmless and indemnify
the City against any claims, causes of actions or lawsuits arising out of the deductions ortransmittal
of such funds to the Association, except the intentional failure of the City to transmit to the
Association monies deducted for the employees pursuant to this Article.
Section 3. The Association may select a maximum of three (3) members to attend scheduled
meetings with the Personnel Officer or other management representatives on subjects within the
scope of representation during regular work hours. In addition, they may meet for a maximum of
one hour per meet and confer session for the purpose of preparation of such sessions.
ARTICLE XVIII
NO STRIKE - NO LOCKOUT
PROHIBITED CONDUCT
Section 1. The Association, its officers, agents, representatives and/or members agree that
during the term of this Agreement they will not cause or condone any strike, walkout, slowdown,
sick-out, or any other job action withholding or refusing to perform services.
Section 2. The City agrees that it shall not lockout its employees during the term of this
Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension,
termination, layoff, failure to recall or failure to return to work of employees of the City in the exercise
of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.
Section 3. Any employee who participates in any conduct prohibited in Section 1 above, shall
be subject to termination by the City.
Section 4. In addition to any other lawful remedies or disciplinary actions available to the City, if
the Association fails, in good faith, to perform all responsibilities listed below in B, Section 1 , the City
may suspend any and all of the rights and privileges accorded to the Association under the
Employee Relations Ordinance in this Agreement including, but not limited to, right of access,
check-off, the use of the City bulletin boards and facilities.
(23)
ASSOCIATION RESPONSIBILITY
Section 1. In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in A, Section 1 above, the Association shall immediately
instruct any persons engaging in such conduct that their conduct is in violation of this Agreement
and unlawful and they must immediately cease engaging in conduct prohibited in A and return to
work
Section 2. If the Association performs all of the responsibilities set forth in Section 1 above, its
officers , agents, representatives shall not be liable for damages for prohibited conduct performed by
employees who are covered by this Agreement in violation of Section 1 above.
ARTICLE XIX
GRIEVANCE PROCEDURE
Section 1. Grievance. Grievance shall be defined as a dispute between the Association,
employee or employees and the City, regarding interpretation or application of specific provisions of
this Agreement, personnel rules, or departmental rules and regulations.
Section 2. Conduct of the Grievance Procedure
A. An employee may request the assistance of another person of his own choosing in
preparing and presenting his grievance at any level of review, or may be represented by a
recognized employee organization or may represent himself. The employee shall not suffer any
reprisal from management for utilizing the grievance procedure set forth herein.
B. Any retroactivity on monetary grievances shall be limited 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.
C. All time limits specified may be extended to a definite date by mutual agreement of the
employee or his Association representative, and the decision making management
representative involved at each step of the grievance procedure. Such mutual agreement shall
be evidenced in writing and signed by the employee or Association representative and
management representative.
Section 3. The grievance procedure shall provide for the following steps; except for grievances
that are a result of disciplinary action, which shall begin at Step Two.
Step One. Informal Procedure. An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor within ten (10) working days from the date of the
alleged incident or action giving rise to the grievance on an informal basis. If, after such discussion,
the employee does not believe the problem has been satisfactorily resolved, he shall have the right
and obligation to discuss it with his supervisor's immediate supervisor, if any, and his department
head, if necessary. Every effort shall be made to find an acceptable solution by these informal
means at the most immediate level of supervision. At no time may an informal process go beyond
the department head concerned. In order that this informal procedure may be responsive, all parties
involved shall expedite this process. In no case may more than thirty (30) days elapse from the date
(24)
of the alleged incident or action giving rise to the grievance, and the filing of a written grievance in
Step Two, or the grievance shall be barred and waived
Step Two. Department Head Response. If the grievance is a result of disciplinary action
which has been processed through the "Skellv Process”, or if the grievance is not resolved in Step
One, or if no answer has been received within five (5) working days from the presentation of the oral
grievance, the employee may, within thirty (30) working days from the date of the incident giving rise
to the grievance, present the grievance in writing to his department head. Failure of the employee to
take this action will constitute termination of the grievance. The department head shall further
review and discuss the grievance with the employee and shall render its decision and comments, in
writing, and return them to the employee within ten (10) working days after receiving the grievance.
Step Three. Management Representative. If the grievance is not resolved in Step Two, or
if no answer has been received within time limits established in Step Two, the employee may within
ten (10) working days, present the grievance in writing to the designated managernent
representative 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 designated management representative shall attempt to resolve the grievance. If
the employee is being represented by a recognized employee organization, the designated
management representative shall convene a joint meeting of the recognized employee organization
and himself, within five (5) working days, in an attempt to resolve the grievance. In the event the
grievance is not satisfactorily adjusted or settled through discussion at this level, management shall
advise the employee and/or employee organization, in writing, within ten (10) working days as to its
position on the grievance.
Step Four. Grievance Hearing. If the grievance is not resolved in Step Three, the
employee may, within ten (10) working days of the receipt of the written position from management
representatives, present a “request for hearing” in writing to the Personnel Director. However, the
only grievances which may be submitted for review are matters which have resulted in a suspension
without pay, reduction in pay, demotion, termination, or otherwise have monetary value to the
employee. Failure of the employee to take this action MII constitute termination of the grievance.
with the approval of the Personnel Advisory Board, the Personnel 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 mutualIY
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
re(.-,omFnendation to the City Manager. That decision shall be served jointly upon the grieving party
and the City Manager
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.
(25)
ARTICLE XX
MISCELLANEOUS
Section 1. Substance Abuse Policy. The City of Downey and the Association have a vital
interest in maintaining safe, healthful and efficient working conditions. Being under the influence of
a drug or alcohol on the job may pose serious safety and health risks not only to the user but to co-
workers and the citizens of Downey. The possession, use or sale of an illegal drug or of alcohol on
the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job"
means while on City premises, at work locations, or while on duty or being compensated on an "on
call status.11
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 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 Druq Abuse and comply with established guidelines for "chain of custody" to
insure that identity and integrity of the sample is preserved throughout the collecting, shipping, testing and
storage process.
(26)
E. Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
An employee who tests positive on a confirmatory test will be given the opportunity to discuss the
results with a physician to be designated by the City. Th6 employee should be prepared at that time
to show proof of any valid medical prescription for any detected substance or to otherwise explain, if
he or she so chooses, a positive test result.
F. While use of medically prescribed medications and drugs is not per se a violation of this policy,
this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or
equipment while taking any kind of medication or drugs that are clearly marked that they may cause
significant drowsiness or impair an employee's performance. An employee shall notify his/her supervisor,
before beginning work, when taking such medications or drugs. In the event there is a question regarding
an employee’s ability to safely and effectively perform assigned duties while using such medications or
drugs, clearance from a physician designated by the City may be required. The City reserves the right to
send an employee home on sick leave under these circumstances.
G. Employees with substance abuse problems are encouraged to participate voluntarily in
the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may be
sought by an employee with complete confidentiality and without adverse consequences to his/her
employment. Employees should be aware, however, that a request for assistance through the EAP
will not insulate the employee from disciplinary- action already contemplated. Depending upon the
facts surrounding the reasonable suspicion determination, positive test result, and/or other violation
of this policy or other City/department rules and regulations, the City may refer an employee to the
EAP. Such referral could, at the discretion of the City, be made available to the employee as an
alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll,
participate in and successfully complete a rehabilitation and/or counseling program and other terms
and conditions in a "Last Chance Agreement."
1 . It is the City's intent to use the EAP option for first offenders except the City reserves
the right to discipline for those offenses which are a significant violation of
City/department rules and regulations or where violation did or could have resulted in
serious injury or property damage.
Section 2. Transfer Rights. The City agrees that if an employee's current supervisor or
department head does not approve an employee's transfer to another department who has offered
that employee a position, the employee may appeal the decision to the Personnel Director.
Section 3. Labor-Management Committee. Representatives of the Association and
manageMent shall meet on a quarterly basis for purposes of improving communication and
resolving labor relations matters. Agendas shall be agreed upon in advance, with both parties
having equal opportunity to submit items. Any matter agreed upon by both parties may be
discussed; but discussion does not constitute waiver of access to the grievance process.
Chairmanship of the committee shall be alternated among the parties.
(27)
Section 4. Post Training. The City shall endeavor to have at least two Public Safety
Dispatchers who have completed P.O.S. T. training in the Police Communications Center.
Section 5. Reopener. Should the City grant a salary increase to the DCEA Maint. Unit or Misc.
Unit totaling more than two per cent (2%) November 2003 or two per cent (2%) November 2004 and
the Association requests to meet; the City agrees to meet and confer over the salary increase issue.
The City and Association agree that for the purpose of this provision, salary adjustments to specific
classifications to correct inequities shall not be considered salary increases.
/
ARTICLE XXI
SOLE AND ENTIRE MEMORANDUM OF UNDERSTANDING
Section 1. It is the intent of the parties hereto that the provisions of this Agreement shall
supersede all prior agreements and memoranda of understanding, or memoranda of agreement, or
contrary salary and/or personnel resolutions and ordinances of the City, oral or written, expressed or
implied, agreements between the parties or understandings between the parties, and shall govern
their entire relationship and shall be the sole source of any and all rights which may be asserted
hereunder. This Agreement is not intended to conflict with federal or state law.
Section 2. Notwithstanding the provisions of Section 1 above, there exists within the City of
Downey, certain personnel resolutions, ordinances and departmental rules and regulations. To the
extent that this Agreement does not specifically contravene provisions of these personnel
resolutions, ordinances, departmental rules and regulations; such personnel resolutions, ordinances
and departmental rules and regulations are specifically incorporated herein.
ARTICLE XXII
WAIVER OF BARGAINING
DURING TERM OF THIS AGREEMENT
During the term of this Agreement, the parties mutually agree that they will not seek to
negotiate or bargain with regard to wages, hours, and terms and conditions of employment; whether
or not covered by this Agreement or in the negotiations leading thereto and irrespective of whether
or not such matters were discussed or were even within the contemplation of the parties hereto
during the negotiations leading to this Agreement. Regardless of the waiver contained in this Article,
the parties may:
1. By mutual agreement, in writing, agree to meet and confer about any matter during
_the term of this Agreement.
2. Meet and confer in accordance with Article XVI, Section 2.
(28)
ARTICLE XXIII
EMERGENCY WAIVER PROVISION
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood,
insurrection, civil disorder, national emergency, or similar circumstances, provisions of this
Agreement or the Personnel Rules or Resolutions of the City, which restrict the City's ability to
respond to these emergencies, shall be suspended for the duration of such emergency. After the
emergency is over, the Association shall have the right to meet and confer with the City regarding
the impact on employees of the suspension of these provisions in the Agreement and any Personnel
Rules and policies.
ARTICLE XXIV
SEPARABILITY
Should any provision of this Agreement be found to be inoperative, void, or invalid by a court
of competent jurisdiction, or by applicable laws, statutes, ordinances and regulations of the United
States of America and the State of California, all other provisions of this Agreement shall remain in
full force and effect for the duration of this Agreement.
ARTICLE XXV
I TERM OF THIS MEMORANDUM OF UNDERSTANDING
The term of this Agreement shall comrnence on November 1 , 2005, and shall continue in
full force and effect until October 31, 2008.
ARTICLE XXVI
RATIFICATION AND EXECUTION
The City and the Association acknowledge that this Agreement shall not be in full force
and effect until ratified by the Association and adopted by the City Council of the City of Downey.
Subject to the foregoing, this Agreement is hereby executed by the authorized representatives
of the City and the Association and entered into this 13th day of December, 2005.
CITY OF DOWNEY:DOWNEY PUBLIC SAFETY
AUXILIARY ASSOCIATION
By:
Lee Powell, Assistant City Manager
By:
By:By:
Chris Birch, Director of Personnel
(29)
EXHEBIT A
CLASSiFICATIONS REPRESENTED BY THE
DOWNEY PUBLIC SAFETY AUXILIARY ASSOCIATION
Code Enforcement Officer
Fingerprint Evidence Technician
Fire Dispatch Supervisor
Fire Service Technician
Forensic Specialist
Identification Technician (non-sworn)
Neighborhood Preservation Coordinator
Parking Enforcement Officer
Police Aide II
Police Assistant
Police Dispatch Supervisor
Police Records Specialist I
Police Records Specialist II
Property and Evidence Technician
Public Safety Dispatcher
Regional Fire Communications Operator
Senior Forensic Specialist
Street Sweeping Enforcement Officer
(30)