CONTRACT 5811 - PERM Memorandum of Understanding CLOSEDAgreement No. 5811
m
UNDERSTANDING
Agreement No. 5811
TABLE OF CONTENTS
ARTICLE 1 GENERAL PROVISIONS .............. .... „................ »...... ».......... ......... .................. ................................. 1
Section1.01
Preamble................................................................................................................................1
Section1.02
4.02
Management Rights.................................................................................„.............„................1
Section1.03
4.03
Savings Clause.......................................................................................................................2
Section1.04
4.04
No -Strike Clause....................................................................................................................2
Section
1.05
Association Dues Deduction..................................................................................................2
Section
1.06
Compaction — Statement of Intent..........................................................................................2
Section
1.07
Completion of Meeting and Negotiating..............„...........„.......,.........................„..........,........2
Section1.08
Non-Discrimination...............„........„„.„..„...„.......„„...„..........„........„.......„...................................3
ARTICLE2
SALARY
.............................................................................................................................................3
Section
2.01
Cost of Living Adjustment...............................................................................................„..,..3
Section
2.02
Regular Rate of Pay Defined..................................................................................................3
Section
2.03
Salary Schedule Calculation Methodology............................................................................4
Section
2.04
Step Advancement — Accelerated............................................„..........„,.„.............„.....,..„„.......4
Section
2.05
Notice Requirement to Withhold Step Increase.....................„.....,„,..„.............,.......,..„...........4
ARTICLE 3 EDUCATIONAL INCENTIVE PAY ............................M»..»»..»......,..,,...........,..........,..,,....,,......,.4
Section 3.01 Educational Incentive Pay....................................................................................................„„4
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM..........................................................5
Section4.01
Policy and Eligibility..........................».........„,..,...............„......................»,..».......,.................5
Section
4.02
Undergraduate Studies............................................................„.,.....................................„......5
Section
4.03
Post -Graduate Studies.„....„.....„.........».............................„................»...........,..........................5
Section
4.04
Certification Requirement for Educational Compensation . ... ......... .............. ....„„.....„.„..,„..„..„. 5
ARTICLE5 PROMOTIONS.................................................................................................................................6
Section 5.01 Salary Differential upon Promotion.......................................................................................6
ARTICLE6 NO -SMOKING CLAUSE..................................................................................................................6
Section6.01 Establishment.........................................................................................................................6
ARTICLE 7 OVERTIME COMPENSATION.....................................................................................................6
Section 7.01 Pay for Shift Schedule............................................................................................................6
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM..........................................................................7
Section8.01
Purpose...................................................................................................................................7
Section8.02
Department Policy..................................................................................................................7
Section
8.03
Program Components.............................................................................................................7
Section
8.04
Physical Fitness Incentive Program Pay.................„.......,....,...„...................................,........, 7
i
Agreement No. 5811
Section
8.05
Payment of Physical Fitness Incentive Program Pay — Death of Employee ............. .......... _ 8
ARTICLE 9
COMPREHENSIVE
MEDICAL EXAMINATION.......................................................................8
Section
9.01
Annual Comprehensive Medical Examination.......................................................................8
Section9.02
Heart Scan..............................................................................................................................8
ARTICLE 10
EXECUTIVE
LEAVE .................. ..... .__............................................................ .................. ,............ 8
Section10.01
Entitlement.............................................................................................................................8
ARTICLE 11
MARKSMANSHIP PAY...................................................................................................................8
Section11.01
Marksmanship Pay.................................................................................................................8
Section
11.02
Payment of Marksmanship Pay —Death of Employee.. ... __
9
ARTICLE 12
COMPENSATORY TIME................................................................................................................9
Section
12.01
Maximum Accrual................................................................................................................9
Section
12.02
Payment of Compensatory Time — Death of Employee.........................................................
9
ARTICLE13
HOLIDAY LEAVE ................. ........ ................ .......... ........ —......... .... .......... ................. ,........................
Section13.01
Holiday Pay...........................................................................................................................9
ARTICLE14
SICK LEAVE.....................................................................................................................................9
Section
14.01
Sick Leave — Leave with Pay Due to Illness — Accumulation of Same .................................
9
Section
14.02
Sick Leave Accumulated for Physical Examination............................................................10
Section
14.03
Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual......................................10
Section
14.04
Sick Leave Accrued — Payment on Separation Prior to December 1 ...................................10
Section
14.05
Payment of Sick Leave Accrual — Disability Retirement.....................................................10
Section
14.06
Payment of Sick Leave Accrual — After 20 Years of City Service......................................10
Section
14.07
Payment of Sick Leave Accrual — On Separation from The City of El Segundo................A0
Section
14.08
Payment of Sick Leave Accural — Death of Employee .... .... ___ ....... __.................. .......... ..10
Section
14.09
Sick Leave Accumulated for Care of Immediate Family.....................................................10
ARTICLE15
VACATION LEAVE.......................................................................................................................11
Section15.01
Vacation Time Use...............................................................................................................
l l
Section
15.02
Vacation Accrual Schedule — For Employees Hired On or After July 1, 1994.- .... _ ... ___
I I
Section
15.03
Vacation Accrual Schedule — For Employees Hired Before July 1, 1994 ............................1
I
Section
15.04
Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency ...........
12
Section
15.05
Vacation Time Accrual — Payment in Lieu Of.....................................................................12
Section
15.06
Vacation Time Accrual — For Temporary Industrial Disability ...........................................12
Section
15.07
Payment of Vacation Time — Death of Employee...... ...... ......
12
ARTICLE 16
BEREAVEMENT LEAVE..............................................................................................................12
Section
16.01
Bereavement Leave with Pay...............................................................................................12
11
Agreement No. 5811
ARTICLE 17 JURY DUTY.....................................................................................................................................12
Section17.01
22.01
Provisions.............................................................................................................................12
ARTICLE 18
EXCEPTIONAL
LEAVE................................................................................................................13
Section18.01
22.03
Provision..............................................................................................................................13
ARTICLE 19
PERSONAL EMERGENCY LEAVE............................................................................................13
Minimum Service with City of El Segundo to Receive Retirement Benefits ......................15
Section
19.01
Personal Emergencies —Use of Eligible Leaves,,,,, ........ .......... .......... -
13
ARTICLE 20
HEALTH BENEFITS......................................................................................................................13
Section
20.01
Medical Contract..................................................................................................................13
Section
20.02
City Medical Contribution . .... ............ .............................. ......................................................
13
Section
20.03
Optical, Dental, and Life Insurance.....................................................................................14
Section
20.04
Employee Assistance Program (EAP)..................................................................................14
Section
20.05
Medical Insurance Continuation — On Duty Death..............................................................14
17
ARTICLE 21
UNIFORMS AND SAFETY EQUIPMENT..................................................................................14
Deferred Compensation Plan(401a)....................................................................................17
Section
21.01
Provision of Uniforms and Safety Equipment,...,................................................................14
Deferred Compensation "Catch Up" Provision....................................................................17
Section
21.02
Uniform Allowance................................................................ .... ............ — ................ ,...... ,...14
ARTICLE 22 RETIREMENT BENEFITS............................................................................................................15
Section
22.01
PERS Retirement Formula...................................................................................................15
Section22.02
PERS Payment Pickup........................................................................................................15
Section
22.03
Optional PERS Contract Provisions.....................................................................................16
Section
22.04
Minimum Service with City of El Segundo to Receive Retirement Benefits ......................15
Section
22.05
Retiree Health Insurance Contribution Program .............................. ........................... .........
16
ARTICLE 23 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT...................................................16
Section23.01
Direct Deposit......................................................................................................................16
Section
23.02
Flexible Spending Account... ... ....... ......... ......................... .........
16
ARTICLE 24 COMPUTER LOAN PROGRAM..................................................................................................16
Section24.01
Initial Loan...........................................................................................................................16
ARTICLE 25 DEFERRED COMPENSATION....................................................................................................17
Section
25.01
Deferred Compensation Plan (457),.. ......... ....... ........... .
17
Section
25.02
Deferred Compensation Plan(401a)....................................................................................17
Section
25.03
Deferred Compensation "Catch Up" Provision....................................................................17
iii
Agreement No. 5811
ARTICLE 26 CATASTROPHIC LEAVE PROGRAM.......................................................................................17
Section26.01
Purpose.................................................................................................................................17
Section26.02
Definition.............................................................................................................................17
Section26.03
Procedures............................................................................................................................17
ARTICLE 27 LAYOFF
PROCEDURES...............................................................................................................18
Section
27.01
Grounds for Layoff.... ...... ................. ..............
18
Section
27.02
Notice to Employees.............................................................................................„.............,.18
Section
27.03
At -Will Employees..............................................................................................................18
Section
27.04
Procedures for Layoff..........................................................................................................18
Section27.05
Breaking Ties.......................................................................................................................18
Section
27.06
Reduction to a Vacant Position,,., ...................................... ____ ...... ___ ...........
19
Section
27.07
Displacement Rights.............................................................................................................19
Section
27.08
Salary Placement.. ..... ......... ........
19
Section
27.09
Reemployment List...... ... ........ ............. ...... ......
19
Section27.10
Letter of Layoff_..................................................................................................................19
Section
27.11
Rights on Reemployment.......................................................................................................19
Section27.12
Appeal..................................................................................................................................20
ARTICLE 28 GRIEVANCE PROCEDURE...........................................................................................................20
Section
28.01
Definition of Terms..............................................................................................................20
Section28.02
Time Limits.- ..... ...................... ............... ................... ...... ....... ___ ......................
20
Section
28.03
Procedure for Filing a Grievance..........................................................................................20
Section
28.04
Grievance Procedure............................................................................................................21
Section
28.05
Matters Excluded From the Grievance Procedure................................................................21
Section28.06
Conferences..........................................................................................................................21
ARTICLE 29 POBR
LIMITED APPEALS...........................................................................................................21
Section29.01
Provisions.............................................................................................................................21
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION.....................................................23
Section30.01
Acting Pay............................................................................................................................23
ARTICLE31
POLICIES.........................................................................................................................................23
Section
31.01
Occupational Injury and Illness Policy................................................................................23
Section
31.02
Disability Retirement Policy.... ......... ............................ ..... __ .......... ........ _
23
Section
31.03
Fitness for Duty Policy........................................................................................................23
Section
31.04
Substance Abuse Policy and Drug -Free Workplace Statement.............................................23
iv
Agreement No. 5811
ARTICLE 32 TERM OF AGREEMENT..............................................................................................................24
Section32.01 Term.....................................................................................................................................24
ARTICLE 33 BINDING ARBITRATION...................................................................................24
ARTICLE 34 RE-OPENERS.................................................................... ............................26
Agreement No. 5811
MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE MANAGERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO, CALIFORNIA
uuuiuuiuiuuuiuuuuuuuuu 1111 1111111111111111111111111111111 11111111111 11 11111 m 11 1111 111 1111111111 iii 1 1111111111111111111111111111 11 11111 11111
ARTICLE 1 GENERAL PROVISIONS
Section 1.01 Preamble
This Memorandum of Understanding (MOU) is entered into with reference to the following:
A. The El Segundo Police Managers' Association (hereinafter referred to as the "Association") is
the exclusively recognized employee organization for all personnel employed by the City of El
Segundo (hereinafter referred to as "City") in the unit of representation including the following
classifications and positions (hereinafter referred to as "affected employees"): Police
Lieutenant and Police Captain. During the life of this agreement, such exclusive recognition
may only be modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected
employees, authorized representatives of the City Council of City and the Association have met
and conferred in good faith, exchanging various proposals concerning wages, hours and the
terms and conditions of employment of affected employees within the lawful scope of
representation of Association pursuant to California Government Code Sections 3500 et. seq.
and City Resolution Number 3208.
C. The authorized representatives of the City Council of City and the Association have reached a
mutual agreement as to certain wages, hours and other terms and conditions of employment of
the affected employees, this memorandum of which shall be submitted to the City Council of
City for its consideration and if adopted, for implementation of its terms and conditions by
appropriate ordinance, resolution or other lawful action. This MOU is a comprehensive
statement of agreed-upon wages, hours and other terms and conditions of employment.
D. Unless otherwise provided for herein, all terms and conditions described herein shall be
effective upon adoption of the MOU by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this MOU, the City hereby retains and
reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and
vested in it by the laws and the Constitution of the State of California and/or United States of
America.
B. The management and the direction of the work force of the City is vested exclusively in the
City, and nothing in this MOU is intended to circumscribe or modify the existing right of the
City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain
employees in positions within the City, subject to the rules and regulations of the City; suspend
or discharge employees for proper cause; maintain the efficiency of governmental operations;
relieve employees from duties because of lack of work; take action as may be necessary to carry
out the City's mission and services in emergencies; and to determine the methods, means, and
personnel by which the operations are to be carried out.
Agreement No. 5811
Section 1.03 Savings Clause
If any provision or the application of any provision of this MOU shall be rendered or declared invalid
by any final court action or decree, or by reason of any preemptive legislation, the remaining sections
of this MOU shall remain in full force and effect for the duration of said MOU.
Section 1.04 No -Strike Clause
A. The El Segundo Police Managers' Association agrees that during the term of this MOU their
members employed by the City of El Segundo will not strike or engage in any work stoppage
or slowdown, engage in any concerted failure to report for duty, or fail to perform their duties
in whole or in part for the purpose of inducing, influencing, or coercing a change in the
conditions, or compensation, or the rights, privileges, or obligations of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any affected employee violating this provision may be subject to discipline
up to and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to withdraw
any rights, privileges or services provided for in this MOU or in City policy from any affected
employee and/or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all affected employees who subscribe to Association
membership;
B. Provide official payroll deductions for City -approved Association insurance and welfare plans,
not to exceed five programs.
C. During the term of this Agreement, the parties agree to re -open this section to discuss
compliance with Janus and SB866.
Section 1.06 Compaction — Statement of Intent
The City strives to compensate affected employees at a reasonable level above the classification
they supervise. Additionally, the City strives to compensate captains at a reasonable level above
lieutenants. Typically a difference of five percent (5%) is targeted, with the specific percentage
determined by internal and external comparability data, City finances, and other labor relations
factors and consideration.
Section 1.07 Completion of Meeting and Negotiating
a) This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties
regarding terms and conditions of employment. Therefore, for the life of this MOU, neither
party shall be compelled to meet and confer with the other party concerning any mandatory
meet and confer issue which is covered by this MOU.
B. The wages, hours, benefits and other terms and conditions of employment covered by this
2
Agreement No. 5811
MOU, including those wages, hours, benefits and other terms and conditions of employment in
existence and spelled out by the City's Personnel Rules, Administrative Code and other
Ordinances and Resolutions approved by the City Council prior to this MOU, although not
specifically referred to by this MOU, shall constitute the wages, hours, benefits and other terms
and conditions of employment for the term of this MOU.
C. Disagreements involving the interpretation and application of this section will be resolved by
accessing the Association's Grievance Policy at Level IV (City Manager).
Section 1.08 Non -Discrimination
A. The Association and the City recognize and agree to protect the rights of all affected employees
to join and/or participate in protected Association activities or to refrain from joining or
participating in Association activities.
B. The Association and the City agree that they shall not illegally discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal employment opportunities for all
employees. The Association and the City shall reopen any provision of this MOU 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 MOU in
compliance with State or Federal anti -discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Cost of Living Adjustment
1. Employees shall receive the following salary adjustments:
First pay period following adoption of this Agreement 3%
Pay period that includes October 1, 2020 3%
Pay period that includes October 1, 2021 3%
Pay period that includes October 1, 2022 3%
These salary adjustments are to take effect simultaneously with the Ca1PERS payment pickup
identified in Article 22.
Section 2.02 Regular Rate of Pay Defined
A. The "regular rate of pay" is the hourly rate which includes all remunerations paid to or on behalf
of the employee (including Educational Incentive Pay and the City paid Ca1PERS Employer
Paid Member Contribution) except gifts, travel expenses, other reimbursable expenses,
payments not mandated by the MOU or other rules/regulations, retirement and insurance
contributions by the City, overtime and holiday pay. Use of the term "regular rate of pay" is not
intended by any party to create overtime eligibility unless specifically provided for in this
MOU.
B Affected employees shall be paid their regular rate of pay for the following:
1. Overtime.
2. Holiday Pay.
3
Agreement No. 5811
3. Earned Compensatory Time Sell Back.
4. Physical Fitness Incentive Program Pay.
5. Accrued and unused vacation upon separation of employment or death
Section 2.03 Salary Schedule Calculation Methodology
An affected employees' regular rate of pay is calculated in dollars and cents rounded off to two (2)
decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the
specific and proportional percent differences between salary ranges and salary steps previously
approved by the City.
Section 2.04 Step Advancement — Accelerated
The Police Chief may recommend to the Director of Human Resources for approval by the City
Manager that an affected employee receive an accelerated advancement of part or all of the next
salary step increase in the Basic Salary Range (A — E Steps) based on exemplary job performance.
The accelerated salary advancement shall not change the affected employee's anniversary date.
Section 2.05 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this MOU to provide affected employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than
the end of the pay period which begins after the affected employee's anniversary date.
Section 2.06 Retention Bonuses
The City shall make a one-time ad hoc lump sum amount payment of Three Thousand Seven
Hundred Fifty Dollars ($3,750) to each "Classic" member of the Association covered by this
Memorandum of Understanding who is actively employed by the City on December 7, 2019. The
payment shall be made in the pay period that includes December 7, 2019. 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 be reported
as compensation earnable.
The City shall make a one-time ad hoc lump sum amount payment of Three Thousand Seven
Hundred Fifty Dollars ($3,750) to each "Classic" member of the Association covered by this
Memorandum of Understanding who was employed by the City on December 7, 2021, and is
actively employed by the City on December 7, 2021. The payment shall be made in the pay period
that includes December 7, 2021. 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 be reported as compensation earnable.
ARTICLE 3 EDUCATIONAL INCENTIVE PAY
Section 3.01 Educational Incentive Pay
A. Effective July 1, 2008, affected employees holding a Master's Degree shall be eligible for
educational incentive compensation to be paid per pay period as follows:
1. Police Lieutenants: $398.97
2
Agreement No. 5811
2. Police Captains: $451.40
B. The parties are of the opinion that Educational Incentive Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all
affected employees.
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree)
A. The City shall reimburse each affected employee pursuing undergraduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
a student at any accredited college or university having its campus in the State of California.
However, the tuition reimbursement described herein, shall not exceed the per-unit tuition cost
required by the University of California or California State University, whichever is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass/fail," evidence must be provided of a "pass" grade) in classes
approved pre -enrollment by the Chief of Police or his/her designee.
Section 4.03 Post -Graduate Studies (Post -Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post -graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
pursuing said studies at the University of California or California State University.
B. The City shall reimburse each affected employee pursuing post -graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies.
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where classes
are taken "pass/fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
Section 4.04 Certification Requirement for Educational Compensation
Affected employees who participate in the Educational Reimbursement Program will be required to
sign the following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s), receiving at
least a grade of "C" of better, or a grade of "pass," if the course was offered on a pass/fail basis.
(Attach a copy of grade verification). "Further, I agree to refund the City or have deducted from my
final paycheck, any educational reimbursement funds received under this program if I should leave
the City's employ, voluntarily or through termination, with cause, within one year after completion
of the course work for which I am to receive reimbursement, in accordance with the following
schedule."
Agreement No. 5811
Employee Separation PercerlLajcL'�LaS
1 month after course completion
100% refund
2 months after course completion
100% refund
3 months after course completion
90% refund
4 months after course completion
80% refund
5 months after course completion
70% refund
6 months after course completion
60% refund
7 months after course completion
50% refund
8 months after course completion
40% refund
9 months after course completion
30% refund
10 months after course completion
20% refund
11 months after course completion
10% refund
12 months after course completion
0% refund
ARTICLE 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion
In all cases where an affected employee is promoted to a classification regulated by this MOU for
which a higher rate of compensation is provided, then such employee so promoted shall enter into
such higher classification at the lowest rate of compensation provided for such higher classification
which exceeds by not less than five percent the base rate of compensation, excluding special
assignment pay, received by said employee in such given classification at the time of such
promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a higher base
salary than any of their regularly assigned subordinates (exclusive of longevity pay, educational
incentive pay, special assignment, or any other form of compensation). In the event that a supervisor
is paid a base salary equal to or lower than one of their regularly assigned subordinate's base salary,
the supervisor shall be granted a higher base salary (exclusive of longevity pay, educational
incentive pay, special assignment or any other form of compensation) even if the supervisor's new
base salary is not the same as an existing pay step in the Salary Schedule. Notwithstanding the
above, the supervisor's salary shall not exceed the salary range for which he/she is eligible by length
of service and performance.
8 eefio*—"1----rVAhli
A,r�, ally..l fired t or t :...,ruN 1, 1`a"8�
�
This clause is deleted with City Council adoption, and made effective with this MOU. Item is
retained for historical purposes only, through next MOU.
ARTICLE 7 OVERTIME CO'MPENSAT'ION
Section 7.01 Pay for Shift Schedule
Police Lieutenants shall be paid time and one-half of their regular rate of pay for time worked on a
shift basis in excess of their regular work shift, in any one day or more than forty hours per week,
excluding hours worked involving hold -over for non -shift work, or work due to staff meetings or
training.
R
Agreement No. 5811
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 8.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Incentive Program to
improve the level of physical fitness and health among sworn police personnel so that their field
performance will be enhanced and also to improve their overall degree of wellness as an enrichment
to their personal lives as well as a productivity benefit to the City.
Section 8.02 Department Policy
It will be the policy of the Police Department to work with employees individually and assist those
that need to improve their lifestyle habits in order that fitness levels can be improved.
Section 8.03 Program Components
The Physical Fitness Incentive Program will consist of two basic components; they are a fitness
examination and a fitness assessment.
A. Fitness Examination:
An annual fitness examination is a mandatory component of the Physical Fitness Incentive
Program. The examination will be comprehensive and will include the cardio -vascular system,
the pulmonary function, a complete blood work-up, body composition analysis, the lower
digestive tract, and a strength assessment. It will also include a complete medical history review
with a physician and a subsequent review of the findings as well as an exercise/nutritional
prescription.
B. Fitness Assessment:
1. The fitness assessment is a voluntary component of the Physical Fitness Incentive Program
and will be administered by a department fitness coordinator and fitness committee.
2. The fitness assessment will be a test to measure components of physical fitness which are:
a. Cardio -vascular
b. Strength
c. Body composition
d. Flexibility
3. The fitness assessment will be administered quarterly and will apply standards developed
and used by the Cooper Aerobics Institute, Dallas, Texas, and include sliding scales based
on age and sex.
A profile will be developed following the fitness assessment which will categorize
participants into levels of fitness.
Section 8.04 Physical Fitness Incentive Program Pay
A. Affected employees will receive their regular rate of pay for meeting the following physical
fitness standards:
Fitness Level
Excellent
7
Pav tree Ouarter
C3 Calendar Months)
16 hours of pay
Agreement No. 5811
Good 8 hours of pay
Fair 4 hours of pay
b) The parties are of the opinion that Physical Fitness Incentive Program Pay qualifies as
compensation eamable pursuant to Section 20636 of the California Government Code and
Section 571(a)(1) of the California Code of Regulations. However, the City makes no
representation of law as the validity of that opinion and does not warrant its validity.
Section 8.05 Payment of Physical Fitness Incentive Program Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Physical Fitness
Incentive Program Pay shall be compensated in an amount equal to one -hundred percent (100%) of
the value of such physical fitness incentive program pay based upon the affected employee's regular
rate of pay at the time of death and shall be distributed to the affected employee's beneficiary.
ARTICLE 9 COMPREHENSIVE MEDICAL EXAMINATION
Section 9.01 Annual Comprehensive Medical Examination
Affected employees are provided a fully -paid, comprehensive medical examination each year. The
City currently utilizes the Westchester Medical Group/Center for Heart and Health for the
examinations. The results of the examination include extensive written documentation and
feedback, fitness consultation, recommended further testing and/or adjustments to current lifestyle
practices and ongoing monitoring.
Section 9.02 Heart Scan
Effective July 1, 2008, each affected employee shall be eligible to receive a heart scan to be
conducted once every two (2) years at City expense. Eligibility for the heart scan shall be determined
by the examining physician at the Westchester Medical Group/Center for Heart and Health during
the employee's annual medical examination. The physician shall determine whether or not
undertaking a heart scan is reasonable and appropriate.
ARTICLE '10 EXECUTIVE LEAVE
Section 10.01 Entitlement
A. Affected employees shall be granted fifty-six (56) hours executive leave per calendar year.
B. Twenty-eight (28) hours of executive leave hours may be carried over and accumulated from
year to year; not to exceed a cap of eighty-four (84) hours.
C. Such hours are not eligible for pay out upon retirement or separation of employment.
Al1T'ICLE I I MARKSMANSHIP PAY
Section 11.01 Marksmanship Pay
A. Affected employees will receive their regular rate of pay for meeting the following firearms
standards:
Class Pav for ProficigDcy
per Quarter (3 Calendar Months)
Distinguished Expert 8 hours of pay
Expert 6 hours of pay
Agreement No. 5811
Sharpshooter 4 hours of pay
Marksman 0 hours of pay
B. The parties are of the opinion that Marksmanship Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its'validity.
Section 11.02 Payment of Marksmanship Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Marksmanship Pay shall
be compensated in an amount equal to one -hundred percent (100%) of the value of such
marksmanship pay based upon the affected employee's regular rate of pay at the time of death and
shall be distributed to the affected employee's beneficiary.
ARTICLE 12 COMPENSATORY TIME
Section 12.01 Maximum Accrual
A bank shall be established for the accumulation of compensatory time off, with a maximum accrual
of eighty (80) hours.
Section 12.02 Payment of Compensatory Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Compensatory Time shall be
compensated in an amount equal to one -hundred percent (100%) of the value of such compensatory
time based upon the affected employee's regular rate of pay at the time of death and shall be
distributed to the affected employee's beneficiary.
ARTICLE 13 HOLIDAY LEAVE
Section 13.01 Holiday Pay
A. Captains and Lieutenants shall be paid for one hundred -twenty (120) hours in lieu of holidays.
Holiday pay shall be reported to Ca1PERS as compensation in the pay period in which the
holiday falls. Employees shall be paid the holiday pay at the employee's regular rate of pay.
The City shall have the option to issue eligible employees one check annually inclusive for sick
leave pay and holiday pay in November, but no later than December 10.
B. In the event of the death of an affected employee or upon separation from service, affected
employees shall be paid holiday pay on a pro -rata basis. Additionally, affected employees
serving less than one (1) year shall be paid holiday pay on a pro -rata basis.
C. Upon request of an employee and with department head approval, time off may be taken in lieu
of holiday pay.
ARTICLE 14 SICK LEAVE
Section 1'.4.01 Sick Leave — Leave with Pay Due to Illness — Accumulation of Same
Sick Leave with pay may be granted for an absence from duty because of personal illness, injury or
legal quarantine not compensable under the provisions of the Workers' Compensation Laws of the
W
Agreement No. 5811
State of California. Affected employees shall accumulate sick leave at the rate of one (1) eight (8)
hour day accumulation for each month's service not to exceed a maximum of 1056 hours. Hours
worked in addition to a regular work week shall not entitle an employee to additional sick leave
accumulation. Sick leave taken by an employee shall be deducted from his or her accumulated credit.
Section 14.02 Sick Leave Accumulated for Physical Examination
The City will allow up to two (2) days of accumulated sick leave each year to be used for purposes
of physical examinations, subject to submission of a doctor's verification.
Section 14.03 Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual
Effective the first day of December of each year, affected employees who maintain a balance of
1056 hours of sick leave accrual shall be paid for seventy-five percent (75%) of the sick leave
accumulated and not used during the preceding twelve-month period. Payment shall be paid at the
affected employee's base rate of pay and be paid on or before December 10.
Section 14.04 Sick Leave Accrued — Payment on Separation Prior to December 1
Affected employees who separate employment prior to the first day of December while maintaining
a balance of more than 1056 hours of sick leave shall be paid for seventy-five percent (75%) of their
unused accrued sick leave accumulated since the preceding December 1. Payment shall be paid at
the affected employee's base rate of pay.
Section 14.05 Payment of Sick Leave Accrual — Disability Retirement
Upon separation from service because of a disability retirement, affected employees with five (5)
years of City service will be compensated for one -hundred percent (100 %) of the affected
employee's accumulated unused sick leave at the affected employee's base rate of pay at separation.
Section 14.06 Payment of Sick Leave Accrual — After 20 Years of City Service
Upon separation from service, affected employees with twenty (20) years of City service will be
compensated for one -hundred percent (100 %) of the employee's accumulated, unused sick leave at
the affected employee's regular rate of pay at separation.
Section 14.07 Payment of Sick Leave Accrual — On Separation from The City of EI Segundo
An affected employees who has been employed by the City for five (5) or more years who separates
from the City with unused sick leave to their credit, will be compensated in an amount equal to one-
half (1/2) the value of such sick leave based upon the affected employee's base rate of pay at the
time of separation.
Section 14.08 Payment of Sick Leave Accrual — Death of Employee
In the event an affected employee who has been employed by the City for five (5) years or more in
a full-time position, dies with unused sick leave to his or her credit, an amount equal to one -hundred
percent (100%) of the value of such sick leave based upon the affected employee's base rate of pay
at the time of death and shall be distributed to the affected employee's beneficiary.
Section 14.09 Sick Leave Accumulated for Care of Immediate Family
The City shall allow up to twelve (12) days of accumulated sick leave each calendar year to be use
for purposes of medical emergencies, doctor visits and homecare of members of the immediate
family. Usage would also be permitted under the following instances:
10
Agreement No. 5811
1. The birth of a child of an employee, and to care for a newborn.
2. The placement of a child with an employee in connection with the adoption or foster care of
a child by an employee.
3. To care for a member of the immediate family who has a serious health condition.
For the purpose of this section, "immediate family" shall mean the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
All applicable sections of City Personnel Rules relative to the documentation and verification of
sick leave usage remain in full force and effect.
ARTICLE 15 VACATION LEAVE
Section 15.01 Vacation Time Use
Affected employees shall accrue vacation time on a monthly basis. Vacation leaves may be taken
only after an affected employee has completed six (6) months of continuous service with the City.
Section 15.02 Accrual Schedule — For Employees Hired On or After July 1, 1994
Vacation for employees hired on or after July 1, 1994, shall be accrued pursuant to the following
schedule:
A. From commencement of the 15' year of service through and including completion of the 5' year
of service — 96 hours per year.
B. From commencement of the 61 year of service through and including completion of the 101
year of service — 120 hours per year.
C. From commencement of the 11" year of service through and including completion of the 15'x'
year of service — 144 hours per year.
D. From commencement of the 161' year of service through and including of the 161 year of service
— 176 hours per year.
E. From commencement of the 1701 year of service and for all years of service thereafter up to and
including the 251" years — an additional 8 hours per years of service (i.e., 17 years = 184 hours,
18 years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter — 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours...
25 years and each year thereafter — 256 hours).
F. Current ESPMA members will continue to earn 230 hours annually until they reach the 25 years
of service and begin to earn the maximum accrual of 256 hours annually.
Section 15.03 Accrual Schedule — For Employees Hired Before July 1, 1994
Vacation for employees before July 1, 1994, shall be accrued pursuant to the following schedule:
A. For the first seven years of continuous service with the City — 96 hours per year.
B. After seven years and until the completion of fourteen years of continuous service — 136 hours
per year.
C. After fourteen years of continuous service and until the completion of sixteen years of
continuous service — 176 hours per year.
D. From commence of the 17"' years of service and for all years of service thereafter up to and
including the 251" year - increasing 8 hours per year of service (i.e., 17 years = 184 hours, 18
years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
11
Agreement No. 5811
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours .. .
25 years and each year thereafter = 256 hours).
Section 15.04 Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
Affected employees who have successfully completed their initial probationary period and/or
achieved E step placement in their assigned salary range shall accumulate vacation time based on
their total years of service in a PERS or comparable agency.
Section 15.05 Vacation Time Accrual — Payment in Lieu Of
Affected employees who have completed one (1) year of service may receive payment in lieu of
accrued vacation time, at base rate of pay, up to a maximum of one hundred percent (100%) the
annual accrual to which they are entitled by length of service.
Section 15.06 Vacation Time Accrual — For Temporary Industrial Disability
Employees on temporary industrial disability may accrue vacation time for longer than two (2)
years.
Section 15.07 Payment of Vacation Time — Death of Employee
In the event of an affected employee's separation from employment or death, earned, but not yet
used Vacation Time shall be compensated in an amount equal to one -hundred percent (100%) of the
value of such vacation time based upon the affected employee's regular rate of pay at the time of
death or separation from employment. In case of employee's death, such amount shall be distributed
to the affected employee's beneficiary.
ARTICLE 16 BEREAVEMENT LEAVE
Section 16.01 Bereavement Leave with Pay
A. Affected employees shall be entitled to twenty-four (24) hours of bereavement leave upon the
death of an immediate family member with pay per incident which shall increase to forty (40)
hours per incident in those circumstances where one-way travel to a funeral or other memorial
service is five hundred (500) or more miles measured from El Segundo City Hall.
B. For the purpose of this section, immediate family shall include the children, parents,
grandparents, and siblings of the affected employee, the affected employee's spouse or
significant other.
ARTICLE 17 JURY DUTY
Section '17.01 Provisions
Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of
the following conditions:
1. The employee must provide written notice of the expected Jury Duty to his or her supervisor as
soon as possible, but in no case later than fourteen (14) days before the beginning of Jury Duty
(defined as the date on which the employee is directed by jury summons to either commence
telephone contact with the jury administrator and/or appear in court.)
2. During the first two (2) weeks of Jury Duty, an employee shall be entitled to receive his or her
regular compensation.
12
Agreement No. 5811
For any portion of Jury Duty that extends beyond the first two (2) weeks, such extended Jury
Duty period shall be without pay unless, the employee presents written evidence that the court
estimated during voire dire that the trial would be of two (2) or less weeks duration, or in the
alternative the employee presents written evidence that he/she advised the court that City
compensation was limited to two (2) weeks, that the employee asked to be excused because of
this hardship, and the request was denied.
4. Any compensation for the first two (2) weeks of Jury Duty, except travel reimbursement pay,
must be deposited with the Director of Human Resources.
5. While on Jury Duty, the employee must report to work during any portion of a day that the
employee is relieved of Jury Duty for three (3) or more consecutive hours.
6. The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 18 EXCEPTIONAL LEAVE
Section 18.01 Provision
The Exceptional Leave Program provides the City Manager discretion to award up to four (4 ) days
per calendar year in recognition for extraordinary service of members of the Association, especially
where sizable amounts of time are expended outside of normal business hours and beyond the
normal requirements of the job. Awarded days may be used for time off or if unused, may be cashed
in at the end of the calendar year.
ARTICLE 19 PERSONAL EMERGENCY LEAVE
Section 19.01 Personal Emergencies — Use of Eligible Leaves
For affected employee's personal emergencies, that is, a serious illness of an immediate family
member of the affected employee or the employee's spouse and for cases of extreme and unusual
hardship or an emergency nature, affected employees, upon request, shall be entitled to utilize
accumulated vacation leave, compensatory time -off, or personal leave day/floating holiday, for
which prior notification is required; however, in certain instances, notification requirements may be
waived.
For the purpose of this section, immediate family shall include the children, parents, grandparents,
and siblings of the affected employee, the affected employee's spouse or significant other.
ARTICLE 20 HEALTH BENEFITS
Section 20.01 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 20.02 City Medical Contribution
Effective for the medical premium in January 2020, the maximum medical contributions by the City
is $1,575 per employee per month. Effective January 2021, the maximum monthly contribution
shall increase to $1,650.
Should the City and POA reach agreement to increase the maximum monthly contribution during
the period covered by this MOU, PMA members will receive the same increase.
13
Agreement No. 5811
Section 20.03 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
affected employees and eligible dependents.
A. Selection of the vision insurance plan carrier shall be made by the City. .
B. The City reserves the right to determine the dental insurance carrier with whom the City will
contract for coverage; however, the City agrees to consult with affected employees through the
insurance committee and consider all suggestions and presentations on the insurance plan to be
purchased.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. The City will provide affected employees with $50,000 of life insurance at City cost. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage. Additional insurance coverage for the affected employee (up to $100,000 maximum
coverage) and for family members may be purchased at group rates, to the extent authorized by
the carrier.
Section 20.04 Employee Assistance Program (EAP)
The City will make available to affected employees an Employee Assistance Program which
provides confidential assistance, referrals and counseling to affected employees and members of the
affected employee's immediately family. The program is designed to provide professional
assistance and support to help affected employees and their families resolve problems and issues
that affect their personal lives or job performance.
Section 20.05 Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an affected employee has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall
continue to make group medical premium payments on behalf of the surviving spouse until age
65, Medicare eligibility, whichever comes first, and to the children of the deceased affected
employee until age 18. Said medical premium payments on behalf of the children of a deceased
affected employee shall continue if at age 18, the child commences uninterrupted college
enrollment, but not to exceed the age of 23.
B. The City -paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased affected employee was
receiving at the time of his/her death. For example, if at the time of death, the affected employee
was enrolled in a specific HMO Plan, then future premium payments made pursuant to this
article shall be in an amount required to maintain comparable plan benefits.
C. City funded premiums shall be subject to the monthly limitation in ARTICLE 20.02
ARTICLE 21 LIN]FORMS AND SAFETY EO�UIPMENT
Section 21.01 Provision of Uniforms and Safety Equipment
The City shall provide required uniforms and safety equipment to affected employees. For purposes
of this article, safety equipment shall include a weapon selected by the Police Chief.
Section 21.02 Uniform Allowance
14
Agreement No. 5811
A. Patrol lieutenants shall receive $53 per month of active duty. Non -patrol lieutenants and
captains shall receive $40 per month of active duty.
B. The parties are of the opinion that Uniform Allowance qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
ARTICLE 22 RETIREMENT BENEFITS
Section 22.01 PERS Retirement Formula
A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
B. Tier II - The City shall amend its contract with the Public Employees' Retirement System to
implement the 3%@55 retirement formula, in accordance with Government Code Section
21363. 1, for unit employees hired on or after the effective date of the PERS contract
amendment.
C. Effective January 1, 2013, new safety employees and/or members as defined by A13340, will
be subject to the 2.7% @ 57 retirement formula as well as all other statutory requirements established
by A13340.
Section 22.02 PERS Payment Pick Up
A. Employees who are "classic" members as defined by the California Pension Reform Act of
2013 shall pay their twelve percent (12%) employee contribution to Ca1PERS effective on the
following schedule:
3% First pay period following Council adoption
Additional 3% Pay period that includes October 1, 2020
Additional 3% Pay period that includes October 1, 2021
Addition 3% Pay period that includes October 1, 2022
Total of: 12%
B. The City shall continue to pay and report the value of Employer -Paid Member Contributions
(EPMC) "as compensation earnable" for "Classic" members as follows:
9% First pay period following Council adoption
6% Pay period that includes October 1, 2020
3% Pay period that includes October 1, 2021
15
Agreement No. 5811
0% Pay period that includes October 1, 2022
These contributions are to take effect simultaneously with the salary increases identified in Section
2.01. These deductions shall be pre-tax.*
Section 22.03 Optional PERS Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits.
B. The City shall provide the Single Highest Year formula for "Classic" members.
C. The City shall provide the Military Service credit as public service option.
D. The City shall provide the Pre -Retirement Option 2W Death Benefit.
Section 22.04 Minimum Service with City of El Segundo to Receive Retirement Benefits
Employees who retire must have earned service credit with Ca1PERS for a minimum of five (5)
years to receive the following benefits: the option to participate in the City's group insurance
programs and the right to receive a contribution toward medical insurance as set forth in Section
22.05.
Section 22.05 Retiree Health Insurance Contribution Program
Effective January 1, 2020, the City will contribute to a retiree health insurance contribution program
for retirees who participate in the Public Employees' Medical and Hospital Care Program. The
program will provide for the following maximum contribution: Average dollar cost of the premium
for an employee and two (2) or more dependents for the HMO's available to active employees under
PEMHCA and no greater than the maximum City contribution made on behalf of active employees.
ARTICLE 23 DIRECT DEPOSIT and F'LE'XIBLE SPENDING ACCOUNT
Section 23.01 Direct Deposit
It is agreed between the City and the Association that it is in the mutual interest of the City and its
employees that all affected employees utilize the currently available direct deposit system. Affected
employees who do not desire to utilize direct deposit shall make their wishes known in writing to
the Director of Human Resources, together with a statement of their reasons therefore. Exceptions
to this direct deposit policy shall not be unreasonably denied.
Section 23.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code. Each employee of the Association is eligible to participate in this voluntary
program. The flexible spending account allows for payment of employee paid insurance premiums,
non -reimbursed medical expenses and/or dependent care expenses with pre-tax dollars.
ARTICLE 24 COMPUTER LOAN PROGRAM
Section 24.01 Initial Loan
d aapiny es y p �..tS4,000 iffter]van tc par-ehase-pepeter
l ar w aa�d t� .. r TMpai tl g pa�yral is .n...td C13 1 year -Te
�w gats ftr tlity fiod.,
ti
UP
Agreement No. 5811
Effective November 6, 2019 the Computer Loan Program is eliminated. This section is retained for
historical purposes, and to allow employees to complete repayment of any outstanding loan
obligations.
ARTICLE 25 DEFERRED COMPENSATION
Section 25.01 Deferred Compensation Plan (457)
A deferred compensation plan has been established as a benefit to affected employees. Each affected
employee is eligible to participate in the plan.
Section 25.02 Deferred Compensation Plan (401a)
The City will pay an amount equal to the affected employee's contribution to deferred compensation
up to a maximum of one percent (1%) of the affected employee's base pay, for all Association
employees participating in City approved deferred compensation plans. Effective October 1, 2011,
the 401(a) 1% match for members of this unit shall be eliminated.
Section 25.03 Deferred Compensation "Catch Up" Provision
Affected employees with twenty (20) or more years of City service who have reached the age of
forty-seven (47) or older can cash out one-third (1/3) of all accrued leave at their base rate of pay,
up to the deferred compensation maximum "catch up" permitted by law, during the affected
employee's last three years of employment. In no event, can an employee cash -out a cumulative
total greater than that permitted herein, and in no event shall the post -distribution leave balance be
less than 120 hours.
ARTICLE26 CATASTROPHIC LEAVE PROGRAM'
Section 26.01 Purpose
To establish a program whereby City employees may donate accumulated time to a catastrophic
sick leave bank to be used by permanent, part-time and full-time employees who are incapacitated
due to a catastrophic illness or injury.
Section 26.02 Definition
A catastrophic illness or injury is a chronic or long term health condition that is incurable or so
serious that, if not treated, it would likely result in a long period of incapacity.
Section 26.03 Procedures
A. There is established a joint-employer/employee committee composed of an individual from
each recognized employee organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
B. Affected employees may transfer sick leave, vacation or compensatory leave to the Catastrophic
Leave Bank to be donated to an employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made on July 1 of each year on forms
provided by the City of El Segundo. The employee to receive the donation will sign the
"Request to Receive Donation" form allowing publication and distribution of information
regarding his/her situation.
C. Sick Leave, vacation and compensatory time leave donations will be made in increments of not
less than one (1) day. These will be hour for hour donations.
17
Agreement No. 5811
D. Affected employees must, at the time of donation, have a minimum of one hundred (100) hours
of accumulated illness/injury leave remaining after a donation has been made.
E. The donation of time is irrevocable. Should the recipient employee not use all of the donated
time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave
Bank to be administered by the committee and utilized for the next catastrophic leave situation.
ARTICLE 27 LAYOFF PROCEDURES
Section 27.01 Grounds for Layoff
Whenever, in the judgment of the City Council, it becomes necessary to reduce the workforce, an
employee may be laid off, reduced in classification or displaced by another employee. Such layoff,
reduction or displacement shall result from action of the City Manager or his or her designee. The
City Manager shall recommend to the City Council each classification to be affected by any such
change.
Section 27.02 Notice to Employees
An employee filling a full time position shall be given fourteen (14) calendar days prior notice of
layoff. Employees transferred, reduced or displaced shall be given five (5) calendar days notice. The
City Council may approve a reduction in the notice requirements, if so recommended by the City
Manager.
Section 27.03 At -Will Employees
The City Manager retains the right to layoff or alter the work assignment of the following employees
at any time without notice or right of appeal: emergency employees, temporary or seasonal
employees, part-time employees, original probationary employees, promotional probationary
employees and employees designated at -will. The promotional probationary employee shall revert
to his/her previously held classification and position without loss of seniority.
Section 27.04 Procedures for Layoff
A permanent employee in a classification affected by a reduction in force shall be laid off based on
seniority in City service that is the employee with the least City service shall be laid off first,
followed by the employee with the second least City service, etc. Seniority shall be determined by
hire date. City seniority shall be used to effectuate the procedures set forth in this Article. Seniority
for part-time employees shall be calculated as one-half (`/2) time from the date of hire with the City.
Section 27.05 Breaking Ties
In cases where two (2) or more employees have the same date of hire (i.e. equal seniority), retention
points for job performance shall be credited on the basis of the average of the overall evaluation
ratings for the last three (3) years, provided the last rating had been filed more than thirty (30) days
prior to the date of the layoff notice. Retention points are as follows:
Exceeds Standard - 24 points
Meets Standard - 12 points
Below Standard - 0 points
In the event of a tie in seniority, the employee with the lowest average of retention points shall be
laid off first. In the event that one or more of the affected employees do not have overall evaluation
ratings for the last three (3) years on file, ties shall be broken by a coin toss.
18
Agreement No. 5811
Section 27.06 Reduction to a Vacant Position
An employee designated for layoff as a result of abolition of a position or classification may be
offered appointment to a vacant position in a lower classification, if the employee is qualified by
education and/or experience for such position. If there is more than one qualified employee to be
offered such appointment(s), the offer(s) shall be based on seniority, with the employee with the
highest seniority offered the position first, then the next highest seniority, etc. If the employees have
the same seniority, then the procedure for breaking ties set forth above shall apply. An employee
accepting such appointment shall be placed on the step for the lower classification most closely
corresponding, but in no case higher, than the salary step of his/her previously held position, and
the employee will be assigned a new salary anniversary date on the effective date of the appointment.
Section 27.07 Displacement Rights
A. An employee designated for layoff as a result of abolition of a position or classification may
displace ("bump") an employee in a lower classification in which the employee has prior
service, provided the laid off employee has greater seniority than the employee in the lower
classification.
B. An employee designated for layoff with greater seniority may displace ("bump") a less senior
employee in a lower classification, for which he/she is immediately qualified to perform.
Section 27.08 Salary Placement
An employee who is assigned to a lower classification as a result of a displacement (bump) shall be
placed on the step of the salary range of the new classification, which is closest to the compensation
of the employee in the previous classification, but in no case higher, and the employee will be
assigned a new salary anniversary date on the effective date of the appointment. The employee shall,
however, retain seniority while his/her name remains on reemployment list or lists.
Section 27.09 Reemployment List
The names of permanent employees who have been laid off under this section (including employees
who have bumped down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for which the employee is
qualified by education and/or experience. Persons on such lists shall retain eligibility for
appointment therefrom for a period of three (3) years from the date their names were placed on the
list. As a vacancy within a classification or lower related classification becomes available, the name
appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an
individual selected from the list to fill the vacancy who refuses the reemployment offer shall be
permanently removed from the reemployment list without right of appeal. Laid -off employees do
not earn seniority credit or benefits while on the reemployment list.
Section 27.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth
that the employee was laid off and is eligible for reemployment. Those employees who were
displaced to lower positions will be granted, upon the employee's request, a letter from the City
stating the employee was reduced in status as a result of a layoff and is eligible for reemployment
to the higher level position.
Section 27.11 Rights on Reemployment
If a person is reemployed by the City within three (3) years, the employee's seniority, sick leave and
vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall
19
Agreement No. 5811
also be reinstated to the extent that the employee did not receive compensation for such earnings at
the time of layoff. Upon reemployment, employees will be placed on the same salary step held at
the time of layoff.
Section 27.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , shall be treated as
if he/she had been terminated for disciplinary purposes and shall be permitted to appeal the decision
per the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or displacement
rights, may file an appeal to the Director of Human Resources.
ARTICLE 28 GRIEVANCE PROCEDURE
Section 28.01 Definition of Terms
A. Grievance — A grievance is an allegation of a violation, misinterpretation or misapplication of
a specific written department or agency rule or regulation or a specific provision of a MOU. A
grievance is distinct from an appeal in that it is a violation, misinterpretation or misapplication
of a specific written department or agency rule and/or policy or a specific provision of a MOU.
B. Grievant — A grievant is an employee or group of employees allegedly adversely affected by an
act of omission of the agency.
C. Day_ — A day is a business day (Monday — Friday).
D. Immediate Supervisor— The first level supervisor of the grievant.
Section 28.02 Time Limits
A. ConnDliance and Fle,Nib_,_,� — With the written consent of both parties, the time limitation for
any step may be extended or shortened.
B. Calculation of Tinie Limits —Time limits for the appeal provided in each level shall begin the
day following receipt or a written decision of appeal by the employee or employees.
C. Failure to Meet Timeliness — Failure at any level of this procedure to communicate the decision
on a grievance by the City within the specified time limits shall permit lodging an appeal at the
next level of the procedure within the time allotted had the decision been given. If the grievance
is not processed by the grievant or grievants in accordance with the time limits, the decision
last made by the City shall be deemed final.
Section 28.03 Procedure for Filing a Grievance
A. In filing a formal written grievance, the employee shall set forth the following information.
1. The specific section of the departmental or agency rules or regulations allegedly violated,
misinterpreted or misapplied.
2. The specific act or omission which gave rise to the alleged violation, misinterpretation or
misapplication.
3. The date or dates on which the violation, misinterpretation or misapplication occurred.
4. What documents, witnesses or other evidence supports the grievants' position.
5. The remedy requested.
all
Agreement No. 5811
Section 28.04 Grievance Procedure
Grievances will be processed following the procedures set forth below.
A. Level I — Within ten (10) days of the date the employee reasonable knew or should have known
of the incident giving rise to the grievance, the employee should make an effort to resolve the
grievance with the employee's immediate supervisor. The supervisor shall hold discussions and
attempt to resolve the grievance within five (5) days from the time the employee meets with the
supervisor to discuss the employees' grievance.
B. Level II — In the event such efforts do not produce a mutually satisfactory resolution, the
grievant shall have ten (10) days to file a formal written grievance with the employee's
immediate supervisor after the fifteen (15) day time period provided in Level I. The immediate
supervisor shall, within five (5) days, provide a written response to the grievant.
C. Leven CII — If the formal written grievance is not resolved by the immediate supervisor, the
grievant may present the grievance in writing to the department head within five (5) days of the
written response from the immediate supervisor. The department head shall respond in writing
within ten (10) days.
D. Level IV — If the grievance is not resolved by the department head, the grievant may present
the grievance in writing to the City Manager within five (5) days of the Department Head's
written response. The City Manager or his/her designee will conduct an informal hearing and
render a decision. Each party shall have the right to present witnesses and evidence at the
hearing. The conclusions and findings of this hearing shall be final.
Section 28.05 Matters Excluded From the Grievance Procedure
A. The grievance procedure cannot be used for the purpose of resolving complaints, requests or
changes in wages, work hours or working conditions.
B. The grievance procedure cannot be used to challenge employee evaluations or performance
reviews.
C. The grievance procedure cannot be used to challenge the merits of a reclassification, lay-off,
transfer, denial of reinstatement, or denial of a step or merit increase.
D. The grievance procedure cannot be used in cases of reduction in pay, demotion, suspensions or
a termination which are subject to the formal appeal process outlined in Ordinance 586.
Section 28.06 Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a conference
at any level of the grievance procedure.
ARTICLE 29 POUR LlmaEl) APPEALS
Section 29.01 Provisions
The following administrative appeal process is established pursuant to Government Code § 3304.5.
It shall supplement, though not replace, the disciplinary appeal process established pursuant to the
City of El Segundo Ordinance utilizing the Los Angeles County Civil Service Commission hearing
process (Municipal Code § 1-6-16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to
receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service
21
Agreement No. 5811
Commission hearing process (set forth in Municipal Code § 1-6-16). It shall only apply to punitive
actions, as that term is defined by Government Code § 3303, for which officers do not already
receive an appeal hearing before the Los Angeles County Civil Service Commission.
A. Right to Administrative Appeal
1„ Any public safety officer (as defined by Government Code § 3301) who is subjected to
punitive action (as defined by Government Code § 3303) consisting of a written reprimand,
a transfer for purposes of punishment, a reduction in salary caused by a reassignment
resulting in a loss of incentive, specialty, assignment, bonus, or similar pay, or a suspension
for five (5) or less days, is entitled to an administrative appeal only pursuant to this
procedure. An officer shall not be entitled to appeal an action prior to its imposition.
2. An officer who appeals a punitive action under this procedure shall bear his/her own costs
associated with the appeal hearing, including but not limited to any and all attorney fees.
The cost of a hearing officer shall be equally borne by the Association and the City.
B. Appeal of Written Reprimands
1. Within five (5) calendar days of receipt by an officer of notification of punitive action
consisting of a written reprimand, the officer shall notify the Chief of Police in writing of
the officer's intent to appeal the written reprimand.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
C. Hearing Officer (Appeal of Written Reprimands Only)
1. The City Manager shall hear appeals of written reprimands, and may adopt, modify or
reject the written reprimand. The City Manager's decision shall be final and binding.
2. The City Manager level administrative appeal shall not be a trial -type evidentiary hearing.
The limited purpose of the hearing shall be to provide the officer with an opportunity to
establish a record of the circumstances surrounding the action and to seek modification or
rejection of the written reprimand. There shall be no subpoenas issued (for people or
documents.)
D. Appeal of Other Punitive Action
Appeal of punitive action consisting of suspensions of five (5) or less days, a transfer for
purposes of punishment, or a reduction in salary caused by a reassignment shall be subject
to appeal by means of the officer filing an appeal with the Chief of Police within five (5)
calendar days of receipt by the officer of notice of punitive action being implemented on a
date certain. The officer shall notify the Chief of Police in writing of the officer's intent to
appeal said action.
2. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
3. The appeal shall be presided over by a hearing officer selected from a list of nine (9)
provided by the State Mediation and Conciliation Service. The hearing officer shall be
selected by alternate striking of names by the respective parties.
E. Conduct of Hearing (5 Days or Less Suspensions, Transfers for Purposes of Punishment,
Reduction in Salary Caused by a Reassignment.)
22
Agreement No. 5811
1. The formal rules of evidence do not apply, although the hearing officer shall have
discretion to exclude evidence that is incompetent, irrelevant or cumulative, or the
presentation of which will otherwise consume undue time.
2. The parties may present opening statements.
3. The parties may present evidence through documents and direct testimony.
4. The parties shall not be entitled to confront and cross-examine witnesses.
5. Following the presentation of evidence, if any, the parties may present closing arguments.
6. The hearing shall be audio recorded.
7. The officer may be represented by a representative of his or her choice at all stages of the
proceedings. All costs associated with such representation and the presentation of the
officer's case shall be borne by the Association.
8. The Department shall also be entitled to representation at all stages of the proceedings. The
Department shall bear its cost of representation and of presentation of its case.
9. The hearing officer fees shall be equally borne by the City and the Association.
10. The decision of the hearing officer shall be final subject to the right of each party to the
proceeding to contest the hearing officer's determination by means of a C.C.P. § 1094.5
petition for writ of mandate.
ARTICLE 30 TEMPORARY SERVICE IN HIGHER CLASSIFICATION
Section 30.01 Acting Pay
Where an affected employee is qualified for and is required for an appreciable period of time to
serve temporarily in and have the responsibility for work in a higher class or position, when
approved by the City Manager, such affected employee, while so assigned, shall receive the entrance
salary rate of that class or whatever step thereof that is not less than five percent above his or her
present rate, whichever is higher. For the purpose of this section, "appreciable period of time" is
defined as ten (10) consecutive working days, or eight (8) working days if on four/ten (4/10) plan,
or longer. The acting pay shall retroactively commence to the first day of the acting assignment.
ARTICLE 31 POLICIES
Section 31.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 31.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy dated May 2010.
Section 31.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
Section 31.04 Substance Abuse Policy and Drug -Free Workplace Statement
The parties have agreed upon a Substance Abuse Policy and Drug -Free Workplace Statement dated,
23
Agreement No. 5811
July 1, 2008.
ARTICLE 32 TERM OF AGREEMENT
Section 32.01 Term
The term of this MOU shall be October 1, 2013 through September 30, 2021
ARTICLE 33 BINDING ARBITRATION
A. Civil Claims:
Both the City and employees covered by this Memorandum of Understanding agree that the claims described
in this Article shall be submitted to and determined exclusively by binding arbitration under the Federal
Arbitration Act, in conformity with the procedures of the California Arbitration Act ("CAA") (Cal. Code
Civ. Proc. Sec 1280 et. seq, including section 1283.05 and all of the CAA's other mandatory and permissive
rights to discovery). Nothing in this Memorandum of Understanding shall prevent either party from
obtaining provisional remedies to the extent permitted by Code of Civil Procedure Section 1281.8 either
before the commencement of or during the arbitration process. All rules of pleading, (including the right of
demurrer), all rules and judgment under Code of Civil Procedure Section 631.8 shall apply and be observed.
Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded.
1. The civil claims which are subject to final and binding arbitration shall include, but not be limited
to, any and all employment-related claims or controversies, such breach of employment agreement,
'breach of the covenant of good faith and fair dealing, negligent supervision or hiring, wrongful
discharge in violation of public policy, unpaid wages of overtime under the state and federal wage
payment laws, breach of privacy claims, intentional or negligent infliction of emotional distress
claims, fraud, defamation, and divulgence of trade secrets. This also specifically includes claims
that could be asserted under all state and federal anti -discrimination laws, including but not limited
to the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, the
Age Discrimination in Employment Act, the Americans with Disabilities Act, and the Family and
Medical Leave Act, and claims for discrimination and harassment in employment on the basis of
race, age, sex, religion, national origin, alienage, religion, marital status, sexual orientation,
disability, political activity, or any other statutorily -protected basis. It shall also include any and all
claims an employee may have under the Fair Labor Standards Act, the California Labor Code, and
the Industrial Welfare Commission Wage Orders, as well as any other state and federal statutes.
This Article 3.22 is further intended to apply to any claim Employee(s) may have against the City
and/or any of its directors, employees, or agents, and to any and all past and future employment
relationships Employee may have with the City regardless of job position or title. City shall also
arbitrate all claims it has against the employee under the same rules and regulations set forth herein.
2. Notwithstanding the provisions of this Article, employees covered by this Memorandum of
Understanding may elect to file a claim for workers' compensation and unemployment insurance
benefits with the appropriate state agencies, and administrative charges with the Equal Employment
Opportunity Commission, California Department of Fair Employment and Housing, and any similar
state agency. Unless otherwise required by applicable law, all other employment-related claims
shall be resolved by final and binding arbitration and not by a jury in a court of law.
3. To the fullest extent permitted by law, employees covered by this Memorandum of Understanding
agree that they shall not join or consolidate claims submitted for arbitration pursuant to this Article
with those of any other persons, and that no form of class, collective, or representative action shall
be maintained without the mutual consent of the parties. Any dispute over the validity, effect, or
enforceability of the provisions of this paragraph, including whether the arbitration may proceed as
class, collective, or representative action, shall be for a court of law and not an arbitrator to decide.
24
Agreement No. 5811
4. The City shall bear the costs of any arbitration conducted pursuant to this Article, including the
compensation of the Arbitrator, all administrative expenses, and CSR transcripts. Except as may
otherwise be required by law, the parties shall be responsible for their own attorneys' fees and costs
incurred in presenting their case to the Arbitrator. The Arbitrator shall render a written award within
30 days after the matter is submitted for determination, and the award of the arbitrator shall be final
and binding on the City, the Association and the employee.
5. The arbitration shall be held before a single arbitrator, who shall be an attorney at law and an
experienced employment law arbitrator. The arbitrator shall be mutually selected by the parties.
The Arbitrator shall have the power to award all legal relief available in a court of law, including
any and all damages that may be available for any of the claims asserted. In addition, each of the
parties shall retain all defenses that they would have in a judicial proceeding, including defenses
based on the expiration of the statute of limitations and that the damages being sought are not
authorized or are excessive.
B. Appeal of Discipline
The Parties understand that employees covered by this Memorandum of Understanding are entitled to
disciplinary appeal procedures under the City's Personnel Merit System Administrative Code. Under
Administrative Code Section 1-6-8, employees have the right to have the Los Angeles County Civil Service
Commission hear appeals from dismissal, demotion, and suspensions for a period of six (6) days or longer. The
Parties agree that an employee covered by this Memorandum of Understanding may opt to have these
disciplinary actions be submitted to binding and final arbitration.
1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor and
employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators
provided by the State Mediation and Conciliation Service. If the parties are unable to reach an
agreement in the selection of a hearing officer, each shall strike names from the list until a final name
is selected as the Arbitrator.
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter
is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs
incurred in presenting their case to the Arbitrator.
3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.13, shall
be for a court of law and not an arbitrator to decide.
4. Under this Section B, the Arbitrator's authority will be limited to determining: Whether the City has
satisfied the seven tests of just cause; and, if not, what is the appropriate remedy. The Arbitrator shall
render a written award within 30 days after the matter is submitted for determination, and the award
of the arbitrator shall be final and binding on the City, the Association and the employee. The
Arbitrator may not increase the level of discipline.
5. At least ten business days before the scheduled arbitration, the parties shall exchange the following
information: (i) a list of all witnesses each party intends to call during its case -in -chief; and (ii)
copies of all documents each party intends to introduce during its case -in -chief.
C. Contract Interpretation Disputes
The Parties agree that any grievance filed under Article 28 of this Memorandum of Understanding that is an
allegation of a violation, misinterpretation, or misapplication of this MOU, shall be subject to final and binding
arbitration. The Association must file a written request for final and binding arbitration within ten (10) days of
receipt of the City's response at Level IV.
The arbitration shall be held before a single arbitrator, who shall be an experienced labor and
employment law arbitrator. The parties shall select an arbitrator from a list of seven arbitrators
provided by the State Mediation and Conciliation Service. If the parties are unable to reach an
agreement in the selection of a hearing officer, each shall strike names from the list until a final name
is selected as the Arbitrator.
25
Agreement No. 5811
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court reporter
is requested by the parties. The parties shall be responsible for their own attorneys' fees and costs
incurred in presenting their case to the Arbitrator.
3„ Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.C, shall
be for a court of law and not an arbitrator to decide.
4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of
Understanding and the Arbitrator has no authority to add to, subtract from, or modify the Memorandum
of Understanding in any way. The Arbitrator shall have the authority to determine questions of
arbitrability of contract interpretation disputes. The Arbitrator shall render a written award within 30
days after the matter is submitted for determination, and the award of the arbitrator shall be final and
binding on the City, the Association and the employee.
5. At least ten business days before the scheduled arbitration, the parties shall exchange the following
information: (i) a list of all witnesses each party intends to call during its case -in -chief; and (ii)
copies of all documents each party intends to introduce during its case -in -chief.
D. This Article 33 is entered into under the California Arbitration Act and the Meyers-Milias-Brown Act, and shall
be interpreted and construed in accordance with the law and procedures developed under those respective
statutes.
ARTICLE 34 RE -OPENERS
Section 34.01
The parties agree that during the term of this MOU, they shall re -open the agreement to discuss the
following items:
a) Modifications to the Administrative Code
b) Employee Evaluation Program
Signed by the Ci y:
:._
Scott Mitnick
City lager
4At�
David Serrano
Director of l.lunian resources
"_
Joe illio
DireFinance
Waa
�atnrer� Daniels
Human Resources Manager
Senior Human Resources Analyst
awary t6,,zo 20
Date
26
Seed b
MA 1'
Ray Garcia, Ueute!W
PMA Vice President
j01-
h vel # !6 ,2020
Date