CC RESOLUTION 5411RESOLUTION NO. 5411
A RESOLUTION APPROVING AND ADOPTING THE
MEMORANDUM OR UNDERSTANDING BETWEEN THE
CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE
OFFICERS' ASSOCIATION BARGAINING UNIT.
The City Council of the City of El Segundo does hereby resolve as follows:
SECTION 1: Recitals.
A. The City of El Segundo ("City") previously entered into a memorandum of
understanding ("MOU") with The El Segundo Police Officers' Association ("PDX),
a recognized employee organization, for the term of October 1, 2018 to September
20, 2021.
B. Representatives from the City and POA met and conferred in good faith to reach
an agreement on wages, benefits, and other terms and conditions of employment
for a successor MOU.
C. The agreed upon terms are memorialized in the MOU between the City and POA,
for the period April 1, 2023 through June 30, 2025, which is attached hereto as
"Exhibit A" and incorporate herein by this reference.
D. The POA ratified said agreement on April 5, 2023.
SECTION 2: Approval and Authorization.
A. The City Council approves the MOU between the City and POA for the period April
1, 2023 through June 30, 2025.
B. Staff is authorized to implement all terms and conditions of the MOU between the
City and POA.
SECTION 3: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
SECTION 4: This Resolution will become effective immediately and will remain effective
unless repealed or superseded.
PASSED AND ADOPTED RESOLUTION NO. 5411 this 2nd day of May, 2023.
ATTEST:
Tracy W ver, City Clerk
b� I
APPROVED AS TO F RM:
Mar . Hensle , City Attorney
Exhibit A- POA MOU April 1, 2023 to June 30, 2025
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5411 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 2"d day of May, 2023, approved and signed by the Mayor, and
attested to by the City Clerk, by the following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council
Member Giroux and Council Member Baldino
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 0 day of May, 2023.
CJW4�q
f
Tr y Weaver, City Clerk
of the City of El Segundo,
California
Agreement No. 6651
EXHIBIT A
iv 10 .i M
rl s! M i ilk
Term: AprilAprill 1, 2023 throuh June 30, 202
Agreement No. 6651
POA MOU
TABLE OF CONTENTS
ARTICLE I- GENERAL PROVISIONS
SECTION1.01- Preamble................................................................. ............,.,......,,,.1
SECTION1.02- Term....................................................................... 1
SECTION 1.03- Management Rights .............................................. ...........,....,.....,.,..,.2
SECTION1.04- Savings Clause ...................................... a..,... ............. ............. ..,................ 2
SECTION1.05- No -Strike Clause......................................................................................................2
SECTION 1.06- Association Dues Deduction..................................................................................2
SECTION 1.07- Association Administrative Time...........................................................................3
SECTION 1.08- Association Hearing Cost Contribution ..... _... .,,....,,........ ..................................... 3
SECTION 1.09- Maintenance of Existing Benefits............................................................................3
SECTION 1.10- Non-Discrimination......................................................... ....... .....,..,..,.,, ...........4
ARTICLE 2- SALARY
SECTION2.01- Salary.......................................................................................................................4
SECTION 2.02- Regular Rate of Pay.................................................................... ......,..,...4
SECTION 2.03- Step Advancement- Accelerated.............................................................. .............5
SECTION 2.04- Notice Requirement to Withhold Step Increase .................................................... 5
ARTICLE 3- EDUCATION CERTIFICATE INCENTIVE
SECTION 3.01- Educational Compensation.....................................................................................5
SECTION 3.02- Longevity Achievement on Merit .................................................... ......... ..........6
ARTICLE 4- TUITION AND BOOK REIMBURSEMENT PROGRAM
SECTION 4.01- Policy and Eligibility................................................__ ....... ..,,....... ...,...,...,..,......... .,7
SECTION 4.02- Undergraduate Studies ............................................... ..............,...,,.,, 7
SECTION 4.03- Post Graduate Studies............................................................................................ 7
SECTION 4.04- Tuition Reimbursement Program............................................................................ 8
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POA MOU
TABLE OF CONTENTS
SECTION 4.05- Certification Requirement for Educational Compensation......................__......,.8
ARTICLE 5- PROMOTIONS
SECTION 5.01-Salary Differential Upon Promotion........................................................................8
SECTION 5.02- Educational Prerequisites for Promotional Positions..........................................8
ARTICLE 6- OVERTIME COMPENSATION
SECTION 6.01- Pay for Public Relations Appearances... .............. ........,.,....., 9
SECTION 6.02- Court On -Call Pay.................................................................. .................... ............ 9
SECTION6.03- Call -Back Pay ........................................ ............................... ............................ .........9
SECTION 6.04- Court Call -Back Pay ................................................... ........ ........,........,.,,.............. 9
ARTICLE 7- DIFFERENTIAL PAY
SECTION 7.01- Motor Officer, Canine Officer, Detective and Special Assignment Pay .............10
SECTION 7.02- Motorcycle Maintenance........................................................................................10
SECTION7.03- Canine Unit..............................................................................................................10
SECTION7.04- Bilingual Pay...........................................................................................................11
ARTICLE 8- PHYSICAL FITNESS INCENTIVE PROGRAM
SECTION8.01- Purpose................................................................................................................... 11
SECTION 8.02- Department Policy............................................................ ___ .... ,.... - ........ 11
SECTION 8.03- Program Components............................................................................................11
ARTICLE 9- COMPENSATORY TIME
SECTION 9.01- Maximum Accrual...... .... __ ...... .___ ,...... .,,...................,.....,......,,
SECTION 9.02- Physical Fitness Bank Maximum Accrual... ....... .........................12
SECTION 9.03- Firearms Qualification...........................................................................................12
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POA MOU
TABLE OF CONTENTS
ARTICLE 10- HOLIDAY PAY
SECTION 10.01- Eligible Officers..................................................................................... .........13
ARTICLE 11- SICK LEAVE
SECTION 11.01- Payment of Sick Leave Accrual After 10 Years of Service................................13
SECTION 11.02- Payment of Sick Leave Accrual After 20 Years of Service,.. 13
SECTION 11.03- Payment on Disability Retirement.......................................................................13
SECTION 11.04- Annual Sick Leave Payout...................................................................................14
SECTION 11.05- Family Emergency Leave/Sick Leave Utilization................................................14
ARTICLE 12- VACATION LEAVE
SECTION 12.01- Accrual Schedule for Employees Hired on or After July 1, 1994 --- ...... ........14
SECTION 12.02- Accrual Schedule for Employees Hired Before July 1, 1994 .............................15
SECTION 12.03- Vacation Sell Back...............................................................................................15
ARTICLE 13- BEREAVEMENT LEAVE
SECTION 13.01- Maximum Leave Time................................................................
SECTION 13.02- Immediate Family Members Defined...................................................................16
ARTICLE 14- JURY DUTY
SECTION 14.01- Provision- .......................... ................. ......... ....... ...... ---- 16
ARTICLE 15- HEALTH BENEFITS
SECTION 15.01- Medical Insurance Continuation- On Duty Death ............................ ....... ..... ..17
SECTION 15.02- Optical, Dental, and Life Insurance....................................................................17
SECTION 15.03- Retiree Dental and Vision....................................................................................17
SECTION 15.04- Medical Contract................................................................................................18
SECTION 15.04- City Medical Contribution.....................................................................................18
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POA MOU
TABLE OF CONTENTS
SECTION 15.05- Body or Heart Scan. .... ....... ................18
ARTICLE 16- UNIFORM AND SAFETY EQUIPMENT
SECTION 16.01- Provision ......................................... ..... --- ........ .............................................w...,.19
ARTICLE 17- CELL PHONE STIPEND
SECTION 17.01- Cell Phone Stipend ........................... ............................................ .......19
ARTICLE 18- RETIREMENT BENEFITS
SECTION 18.01- PERS Retirement Formula..................................................................................19
SECTION 18.02- PERS Payment Pickup.........................................................................................19
SECTION 18.03- Optional PERS Contract Provisions.................................................................... 20
SECTION 18.04- Minimum Service with City of El Segundo to Receive Retirement Benefits .,. 20
SECTION 18.05- Retiree Health Insurance Contribution Program...............................................20
ARTICLE 19- DIRECT DEPOSIT AND FLEXIBLE SPENDING ACCOUNT
SECTION19.01- Direct Deposit........................................................................................................20
SECTION 19.02- Flexible Spending Account................................................................................. 20
ARTICLE 20- CATASTROPHIC LEAVE PROGRAM
SECTION 20.01- Definition of a Catastrophic Illness or Injury .....................................................21
SECTION 20.02- Eligible Employees for Donation and Program Usage.....................................21
SECTION 20.03- Policy Procedures................................................................................................. 21
ARTICLE 21- LAYOFF PROCEDURES
SECTION 21.01- Grounds for Layoff...............................................................................22
SECTION 21.02-Notice to Employees ................. ...... ..,.,,.................. ........ ............................. 22
SECTION21.03- At -Will Employees.... ....... ........ .......................................... ................................. 22
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SECTION 21.04- Procedures for Layoff............................................................ 22
SECTION21.05- Breaking Ties ........................... ...................... ........,............,.................. ...........,.22
SECTION 21.06- Reduction to a Vacant Position ........... ....................... __.......... ..... 23
SECTION 21.07- Displacement Rights...............................................................................,......._23
SECTION 21.08- Salary Placement.........................................w,..... ......23
SECTION 21.09- Reemployment List..............................................................................................23
SECTION21.10- Letter of Layoff.....................................................................................................24
SECTION 21.11- Rights on Reemployment.....................................................................................24
SECTION21.12-Appeal......................................__.......... .......... ..........,.,.....,,..., ..........................24
ARTICLE 22- GRIEVANCE PROCEDURE
SECTION 22.01- Definition of Terms............................................................................................... 24
SECTION22.02-Time Limits............................................................................................................24
SECTION22.03- Procedure................................................................................. .........................25
SECTION 22.04- Matters Excluded from the Grievance Procedure ................................... 26
SECTION22.05- Conferences......................................................................................................... 26
ARTICLE 23- POLICIES
SECTION 23.01- Occupational Injury and Illness Policy...................................................,......,,...26
SECTION 23.02- Disability Retirement Policy................................................................................ 26
SECTION 23.03- Fitness for Duty Policy........................................................................................ 26
SECTION23.04- POBR Limited Appeals........................................................................................ 26
SECTION 23.05- Voluntary Binding Arbitration and Bonus Payment .......................................... 28
SECTION 23.06- Residency Requirement...................................................................................... 29
ARTICLE 24- "LIMITED USE" TIME OFF
SECTION 24.01- "Limited -Use" Time Off....................................................................................... 29
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ARTICLE 25- WORK SCHEDULE
SECTION 25.01- Alternate Work Schedule- Post January 2021 Bid ...,..... ............ 29
ARTICLE 26- EMPLOYEE REFERRAL BONUS
SECTION 26.01- Employee Referral Bonus ................................................... ....,.-....,,, 29
ARTICLE 27- DISCIPLINE APPEALS
SECTION 27.01- Discipline Appeals ............................................. .............,, .,........... 30
Agreement No. 6651
MEMORANDUM OF UNDERSTANDING ("MOU")
BETWEEN
THE CITY OF EL SEGUNDO ("CITY")
AND
EL SEGUNDO POLICE OFFICERS' ASSOCIATION ("POA")
ARTICLE 1 GENERAL PROVISIONS
SECTION 1.01 Preamble
This Memorandum of Understanding is entered into with reference to the following:
A. The El Segundo Police Officers' 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 Sergeant and Police Officer. 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 Memorandum of Understanding 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
November 23, 2018 by the City Council.
SECTION 1.02 Term
The term of this MOU shall commence on April 1, 2023 and shall end on June 30, 2025.
The parties agree that during the term of this Agreement, either party may request that the other re -open the
Agreement to discuss the following items:
(a) Modifications to the Municipal Code
(b) Arbitration of claims; and
(c) Worker's Compensation Carve Out program.
All changes to these items are subject to mutual agreement.
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
SECTION 1.03 Management Rights
A. Except as limited by the specific and express terms of this Memorandum of Understanding, 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 Memorandum of Understanding 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.
SECTION 1.04 Savings Clause
If any provision or the application of any provision of this Memorandum of Understanding 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 memorandum shall remain in full force and effect for the duration of said
memorandum.
SECTION 1.05 No -Strike Clause
A. The El Segundo Police Officers' Association agrees that during the term of this Memorandum of
Understanding 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 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 Agreement or in City policy from any employee and/or the
Association.
SECTION 1.06 ,Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all employees who subscribe to Association membership;
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Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
B. Provide official payroll deductions for City -approved Association insurance and welfare plans, not to
exceed five programs;
C. Provide the Association with a list of newly -hired employees in the representation unit monthly.
D. City agrees to provide the Association with (1) ten days' advance notice of any new employee orientation,
(2) the name, job title, department, work location, work home, personal cellular telephone number,
personal email address, and home address of any new employee with 30 days of hire or by the first pay
period of the month following hire, and (3) the information in #2 above, every 120 days for all employees
in represented classifications.
SECTION 1.07 Association Administrative Time
Association is granted a total of four hundred (400) hours (as a group) per calendar year of paid Association
Administrative Leave (AAL) for the conduct of Association's business and for its members to participate in
activities that further the interests or prestige of the Association. These activities shall include, but shall not
be limited to attending the Peace Officers' Research Association of California conference, attending other
conference or seminars, instructional classes or participating on various local or statewide committees or
boards. AAL must be authorized by the Association President and approved by the Police Chief, or Chiefs
designee.
SECTION 1.08 Association Hearing Cost Contribution
The Association will pay for one-half of the costs incurred in connection with Los Angeles County Civil Service
Commission hearings to a maximum of $3,000 per year.
SECTION 1.09 Maintenance of Existin _I eneflts
A. This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed
upon by the parties. It is understood that all items relating to employee wages, hours and other terms and
conditions of employment not covered in this Memorandum of Understanding are covered by existing
ordinances, resolutions, policies, and practices of the City, as well as the Personnel Rules and
Regulations presently in effect. Therefore, for the life of this agreement, neither party shall be compelled
to meet and confer with the other concerning any mandatory meet and confer issues whether specifically
discussed prior to the execution of this agreement or which may have been omitted in the discussions
which led up to the execution of this agreement, except as provided in this agreement or by mutual
agreement of parties.
B. Nothing herein prevents the City and Association from meeting and consulting on the City's Personnel
Rules and Regulations which are within the scope of representation. However, the mutual agreement of
both the City and Association are required to effect any change.
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Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
SECTION 1.10 Non -Discrimination
A. The Association and the City recognize and agree to protect the rights of all 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 Agreement for the purpose of complying with any final order of a
Federal or State agency or court of competent jurisdiction requiring a modification or change in any
provision or provisions of this Agreement in compliance with State or Federal anti -discrimination laws.
ARTICLE_2 SALARY
SECTION 2.01 Salary
Effective November 23, 2018, the City shall create a Step F to the Officer and Sergeant Classifications, with
a ten percent (10%) differential above Step E. An employee who is at Step E on November 22, 2018 shall
progress to Step F on November 23, 2018. All other employees shall progress to Step F after being at Step
E for one year.
The City shall provide the following salary increases to employees, per Appendix A:
1. Effective April 8, 2023 (the first full pay period in April 2023): Increase base salary by seven percent
(7.00%);
2. Effective the first full pay period that includes January 1, 2024: Increase base salary by three percent
(3.00%);
3. Effective the first full pay period that includes January 1, 2025: Increase base salary by three percent
(3.00%); and
SECTION 2.02 Regular Rate of Pa
This MOU periodically refers to the "regular rate of pay." The "regular rate of pay" is defined in 29 CFR §
778.108 et. seq. The "definition" used in this MOU is for general reference and does not override the specific
definitions set forth in the FLSA. Therefore, as used in this MOU, the regular rate of pay is the remuneration
paid to or on behalf of the employee 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. These are examples only and not intended to be an all-inclusive definition of the
"regular rate of pay." Applicable statutes/case law shall prevail over any MOU definitions inconsistent with
statues/case law.
The regular rate of pay shall be calculated in dollars and cents rounded off to two (2) decimal places to the
right of the decimal point.
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Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
The parties acknowledge that there is a pending dispute between the parties as any City obligation to include
the value of the employer paid member contribution to PERS when calculating the regular rate of pay. Without
waiving any right, claim or defenses by the parties, it is understood that commencing March 4, 2017, the City
shall not pay the employee's nine percent (9%) PERS member contribution and consequently the employer
paid member contribution of nine percent (9%) does not apply to this bargaining unit and is not to be calculated
as part of the regular rate of pay nor shall it be applied to any leave payouts.
FLSA Work Period — The FLSA Work Period shall be defined as eighty (80) hours in a fourteen (14) day
period.
All paid leave shall be considered "hours worked" for purposes of eligibility for overtime.
SECTION 2.03 Step Advancement
Employees hired at Step A shall progress to Step B after six (6) months. Progressions to Steps C, D, and E
shall be at twelve month intervals, with satisfactory (or above) performance. Progression from Step E to Step
F shall occur automatically after the employee has been at Step E for twelve months.
The Police Chief may recommend to the Human Resources Director for approval by the City Manager that
an employee receive an accelerated advancement of part or all of the next salary step increase in the Basic
Salary Range (A — F Steps) based on exemplary job performance. The accelerated salary advancement shall
not change the affected employee's anniversary date.
SECTION 2.04 Notice Ike uirernent to Withhold Step Increase
The City shall have the option during or after the term of this agreement to provide 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 employee's anniversary date.
ARTICLE 3 EDUCATION/CERTIFICATE INCENTIVE
SECTION 3.01 Educational Compensation
Members of this bargaining unit hired before February 21, 2017 shall be frozen at their current level of
education compensation/POST Certificate compensation unless a Bachelor's degree is obtained at any time
or AA or is conferred/completed by February 21, 2022 or a Master's Degree in conferred/completed by
September 30, 2018. Therefore, employees hired on or before February 21, 2017 are entitled to continued
incentive compensation for their pre-existing possession of the requisite college units/AA Degree/POST
certificate/sworn law enforcement services as to POST pay as set forth in Section 3.01, subsections 1-3.
Such employees hired on or before February 21, 2017 are also eligible for education incentive upon conferral
of a Bachelor's Degree or Master's Degree as referenced above and more fully described in Section 3.01,
subsections 4-5. The Master's Degree incentive will be held in abeyance until the required years of service
are met (if not met prior to September 30, 2018). Once obtained, the Bachelor's or Master's Degree pay
(whichever is applicable) shall be frozen unless promoted to Sergeant.
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Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
Effective upon City Council approval and adoption of this MOU, Tier II Educational Compensation is
eliminated, and members shall be eligible for education incentive compensation as follows (See chart below):
Qualification for and possession of either 60 units, or AA degree, or Intermediate POST Certificate
shall entitle employee to Two -Hundred and Ninety Eight Dollars and Ten Cents ($298.10) for Officers
and Three -Hundred Seventy -Three and Forty -Four Cents ($373.44) for Sergeants.
2. Qualification for and possession of either 60 units, or AA degree, and Intermediate POST Certificate
shall entitle employee to Four Hundred and Sixty -Seven Dollars and Twenty -Nine Cents ($467.29) for
Officers and Five Hundred and Sixty Dollars and Sixteen Cents ($560.16) for Sergeants.
3. Qualification for and possession of Advanced POST Certificate shall entitle employee to Seven
Hundred and Seventy Dollars and Seventy -One Cents ($770.71) for Officers and Nine -Hundred and
Fifty One Dollars and Fifty -Six Cents ($951.56) for Sergeants.
4. Qualification for and possession of Bachelor's degree shall entitle employee to Nine Hundred and
Sixty -Three Dollars and Thirty -Seven Cents ($963.37) for Officers and One -Thousand, One -Hundred
and Twenty Dollars and Thirty -Four Cents ($1120.34) for Sergeants.
5. Qualification for and possession of Master's degree shall entitle employee to One Thousand Three -
Hundred and Fifty -Three Dollars and Sixty -Two Cents ($1353.62) for Officers and One Thousand Six
Hundred and Twenty -Two Dollars and Eighty Five Cents ($1,622.85) for Sergeants.
60 Units or
AA +
Advanced
Bachelors
Masters
AA or
Intermediate
POST
Intermediate
POST
POST
Officer
$298.10
$467.29
$770.71
$963.37
$1,353.62
Sergeant
$373.44
$560.16
$951.56
$1,120.34
$1,622.85
SECTION 3.02 Lonaevity Achievement on Merit
1. Employees shall be compensated for longevity in the following circumstances, as set forth below:
A. Upon completion of ten years of paid, full-time sworn law enforcement service
B. Upon completion of fifteen years of paid, full-time sworn law enforcement service
C. Upon completion of twenty years of paid, full-time sworn law enforcement service
D. Upon completion of twenty-five years of paid, full-time sworn law enforcement service
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Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
2. Consistent with the years -long past practice, any reference to employees being required to have or
maintain any performance standard to receive Longevity Pay is hereby striken as having not been
applicable.
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 unit members:
SECTION 4.02 Undergraduate Studies Qudies undertaken in.,pursuit of an
Associates or a Bachelor's degree).
A. The City shall reimburse each affected employee 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(Lost-Graduate studies are defined as those
undertaken in pursuit, of a de ree he and 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.
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Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
SECTION 4.04 Tuition Reimbursement Program -- effective August 1 2003
A. The City will reimburse each applicable employee for the cost of undergraduate and graduate education,
in an amount not to exceed 100% of the cost of tuition and book/supplies at UCLA or UCI, whichever is
higher. All employees who are enrolled in graduate or undergraduate programs as of August 1, 2003,
shall be permitted to complete their respective graduate or undergraduate degrees under the terms of
the former Tuition Reimbursement program (See Sections 4.02 and 4.03 above).
B. Tuition and book reimbursement shall be provided only for those classes in which a certified university
transcript from an accredited institution having its campus in the State of California, 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 4.05 Certification Re uirement for Tuition Reimbursement
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" or 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."
ARTICLE 5 PROMOTIONS
SECTION 5.01 SaIaEy Differential upon Promotion
The City shall have the option to compensate supervisors newly appointed to their positions at a base rate
as long as it is higher than the base rate of their subordinates (no minimum 5% pay differential), exclusive of
longevity pay, educational incentive pay, and special assignment pay.
SECTION 6.02 Educational Prere uisites for Promotional Positions
An applicant seeking to participate in any segment of an examination for the positions of Sergeant, Lieutenant
or Captain must be qualified for and possess a Bachelor's degree at the time of participating in any such
segment(s) of the examination.
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SECTION 6.01 Pay for Public Relations Agpearances
Police Officers and Police Sergeants who are required by the Chief of Police to make presentations to
community groups on an overtime basis shall be compensated at one and one-half times their regular rate of
pay.
SECTION 6.02 Court On -Call Pa
A. Except as set forth below, off -duty personnel who are placed in on -call status for court during either the
morning or the afternoon session will receive three hours of paid overtime at a rate of time and one-half
his/her regular rate of pay as defined in this MOU for each session the officer is in an on -call status. Off
duty personnel who are placed in on -call status for court during both the morning and the afternoon
sessions will received six hours of paid overtime at a rate of time and one-half his/her regular rate of pay.
Officers will not receive on call pay if they are:
1. Called into court that session (in which case the employee will receive call-back pay):
2. Ordered to report to work;
3. Already receiving pay from the City for any other reason (e.g., I.O.D., administrative leave).
B. Officers shall not have the option of reporting to work in lieu of being in an on -call status.
C. Officers who are in an on -duty status are not eligible for court on -call pay.
SECTION 6.03 Call -Backe
A minimum of 4 hours of work time at one and one-half the employee's regular rate of pay shall be credited
for all call backs.
SECTION 6.04 Court Call -Back Pa
A. An officer called into court while off duty shall be paid overtime for all time served plus travel time (per
Department General Order) or three hours (at time and one-half), whichever is greater. "Off -duty" for the
purposes of this section means the officer is not on duty, on paid administrative leave, on paid IOD leave,
or being paid for any other reason.
B. The City will pay $2.00 per meal for police officers required to be in attendance at court during meal periods.
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ARTICLE 7 DIFFERENTIAL PAY
SECTION 7.01 Motor Officer Canine Officer Detective and Special Assignment,
The City shall pay motor officers a monthly differential pay in the amount of $511.01 (Police Officer) or $640.19
(Sergeant.). The parties agree that to the extent permitted by law, this is special compensation and shall be
reported as such pursuant to Title 2 CCR Section 571(a)(4), Motorcycle Patrol Premium.
The City shall pay detectives, canine officers and employees designated by the Chief of Police as having
special assignments, $425.84 per month. The parties agree that to the extent permitted by law, this is special
compensation and shall be reported as such pursuant to Title 2 CCR Section 571(a)(4), Detective Division
Premium, Canine Officer Premium, respectively.
SECTION 7.02 Motorcycle Maintenance
The parties agree that motorcycle maintenance shall occur during an employee's regular working hours.
Historical Language for Reference Only (no longer applicable):
By and through the Association, those unit members assigned to motorcycle duty agree that the above
monthly stipend is reasonably necessary to provide for the cleaning and maintenance of the assigned
motorcycle and that this stipend is intended to compensate unit members assigned to motorcycle duty for all
off duty hours spent cleaning and maintaining their assigned motorcycle, in compliance with the FLSA and
interpretive cases and rulings..
The parties acknowledge that the FLSA, which governs the entitlement to compensation for motorcycle
cleaning and maintenance, entitles the parties to agree to a reasonable number of hours per month for the
performance of off duty maintenance and cleaning duties. The hours represented by the above stipend in
this agreement were determined after an actual inquiry of the officers assigned to motorcycle duty, as
addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004.) It is the intent of the parties through
the provisions of this section to fully comply with the requirements of the FLSA. In addition, all parties believe
that this section of the MOU does comply with the requirements of the FLSA.
Since at least 2000, the method of agreeing upon the above stipend and its amount have been in accord with
requirements of the FLSA.
SECTION 7.03 Canine Unit
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine care and
maintenance, entitles the parties to agree to a reasonable number of hours per month for the performance of
off duty care and maintenance duties. The parties hereby agree that canine officers shall be compensated
for off -duty care and maintenance of the dog in the amount of fifteen (15) hours monthly, at the applicable
minimum wage rate. The hours represented by this payment in this agreement were determined after an
actual inquiry of the officers assigned to canine duty, as addressed by Leever v. City of Carson City, 360 F.3d
1014 (9th Cir. 2004.) It is the intent of the parties through the provisions of this section to fully comply with the
requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply with the
requirements of the FLSA.
Members of the Association who are assigned canine officers at the time this Agreement is executed agree
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to sign an individual waiver of any potential claim under the FLSA for the performance of off -duty care and
maintenance of the dog performed prior to November 23, 2017.
SECTION 7.04 Bilingual Pay
The City will be responsible for utilizing a standardized, industry accepted test to determine applicants'
qualification for Bilingual Pay. An employee who demonstrates conversational fluency in Spanish (or another
language designated by the Police Chief,) and is assigned to duties in which language skills are regularly
used, shall be entitled to premium compensation of $283.90 (Police Officer) or $355.66 (Sergeant) monthly.
The parties agree that to the extent permitted by law, this is special compensation and shall be reported as
such pursuant to Title 2 CCR Section 571(a)(4), Bilingual Premium.).
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM
SECTION 8.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness 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 officers individually and assist those that need to
improve their lifestyle habits in order that fitness levels can be improved. There is no "failure" in participation,
only the identification of needs and the recognition of strengths.
SECTION 8.03 Program Components
The Physical Fitness Program will consist of two basic components; they are a fitness examination and a
fitness assessment.
A. Fitness Examination;
The examination will be comprehensive and will include the cardio-vascular system, the pulmonary function,
a complete blood work -up, body composition analysis, and the lower digestive tract as well as 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 the voluntary component of the program and will be administered by a
department fitness coordinator and fitness committee.
2. The assessment will be a test to measure components of physical fitness which are:
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a. Cardio-vascular
b. Strength
c. Body composition
d. Flexibility
The assessment will be administered quarterly and will apply standards developed and used by the
Cooper Aerobics Institute, Dallas, Texas, and will include sliding scales based on age and sex.
3. From the assessment will be developed a profile which will categorize participants into levels of fitness.
Incentive provisions would then reward participants depending upon their fitness level.
4. Rewards would also be available for significant achievements and improvements. These rewards will
be in the form of T-shirts, sports bags, sporting equipment and other similar incentives. It is thought
that these types of rewards could be influential in maintaining interest and enthusiasm in those
participants who would not otherwise qualify for fitness achievement categories.
SECTION 9.01 Maximum Accrual
A separate bank shall be established for the accumulation of compensatory time off, with a maximum accrual
of one hundred and twenty (120) hours, and the employee shall not accrue additional time off until the bank
drops below one hundred and twenty (120) hours. The time bank shall be divided into separate banks for
physical fitness and compensatory time off and the compensatory time bank shall be credited first with the
remainder credited to the fitness pay.
SECTION 9.02 Physical Fitness Bank; - Maximum Accrual Fitness Compensation
A separate bank shall be established for the accumulation of physical fitness time off, with a maximum accrual
of fifty (50) hours. City has the option to pay the employee or increase the time off bank for physical fitness
bonus after 50 hours, with no payoff of accrued time upon separation.
SECTION 9.03 Firearms Qualification
Police Officers and Police Sergeants will be compensated at their regular hourly rate of pay for firearms
qualification as follows:
Class l-fours per Quarter Q Calendar Months
Distinguished Expert
Expert
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Sharpshooter
Marksman
Qualifying
ARTICLE 10 HOLIDAY PAY
SECTION 10.01 Eligible Officers
4 hours
2 hours
0 hours
Employees in this Unit shall be credited with 120 hours of paid holiday leave in their holiday bank. Holiday
pay shall be reported to CalPERS 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.
ARTICLE 11 SICK LEAVE
SECTION 11.01 Payment of Sick Leave Accrual - After 10 Years Service
Employees, upon separation, after ten (10) years of service as a sworn law enforcement officer, will be
compensated 50% of their accumulated, unused sick leave at the employee's regular rate of pay, excluding
the nine percent (9%) PERS member share, in effect at the time of separation. Effective October 1, 2017,
sick leave payment shall be at the employee's base rate of pay. The exclusion of the 9% PERS members
share from calculation of the regular rate of pay is without prejudice to any rights, claims, or defenses by the
parties regarding the pending dispute previously referenced in Section 2.02.
SECTION 11.02 Payment of Sick. Leave Accrual - After 20 Years Service
Upon an employee's separation after twenty (20) years of service as a sworn law enforcement officer, the
City will pay the employee for 100% of his/her accumulated, unused sick leave at the employee's regular rate
of pay, excluding the nine percent (9%) PERS member share, in effect at the time of separation. Upon
completing twenty (20) years of service and age 47, an employee may elect to cash out one-third of earned,
unused sick leave, prior to separation, for a period not to exceed three years, up to the maximum dollar value
of deferred compensation "catch up" permitted by law. In no event, can an employee cash -out a cumulative
total greater than that permitted herein, and in no event shall the post -distribution sick leave balance be less
than 120 hours. Effective October 1, 2017, sick leave payment, including the "catch-up" into the employee's
457 deferred compensation account, shall be at the employee's base rate of pay. The exclusion of the 9%
PERS members share from calculation of the regular rate of pay is without prejudice to any rights, claims, or
defenses by the parties regarding the pending dispute previously referenced in Section 2.02.
SECTION 11.03 Payment on Disability Retirement
Employees separating from service because of a disability retirement, after five (5) years of service as a sworn
law enforcement officer, will be compensated at 90% of the employee's accumulated, unused sick leave at
the employee's regular rate of pay, excluding the nine percent (9%) PERS member share. Effective October
1, 2017, sick leave payment shall be at the employee's base rate of pay. The exclusion of the 9% PERS
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members share from calculation of the regular rate of pay is without prejudice to any rights, claims, or
defenses by the parties regarding the pending dispute previously referenced in Section 2.02.
SECTION 11.04 Sick Leave 'Maximum Accrual and Annual Sick Leave Pa out
Employees shall accumulate sick leave at the rate of 3.7 hours per payroll period paycheck accumulation for
each month's service not to exceed a maximum of eight hundred (800) hours. On or about December 10 of
each year, employees who maintain a balance of 800 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 at
the employee's base rate of pay.
SECTION 11.05 Family Emergency Leave/Sick Leave Utilization
Employees shall have the right to use nine (9) days of accumulated sick leave for family emergencies.
Emergencies are generally of a medical nature, for illness or injury of a family member. Notwithstanding the
foregoing, the City shall comply with the Federal and State regulations of the Family and Medical Leave Act,
California Family Rights Act, Healthy Workplaces, Healthy Families Act of 2014 ("Paid Sick Leave Law" — AB
1522) and other applicable family leave laws. Depending upon the applicable leave law, "family member"
may be defined as including, but not limited to, children, parents (of employee, spouse, or registered domestic
partner), spouse, registered domestic partner, siblings, grandchildren, or grandparents.
ARTICLE 12 VACATION LEAVE
SECTION 12.01 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 1 st year of service through and including completion of the 5th year of service
— 96 hours per year.
B. From commencement of the 6th year of service through and including completion of the 10th year of service
— 120 hours per year.
C. From commencement of the 11th year of service through and including completion of the 15th year of
service — 144 hours per year.
D. From commencement of the 16th year of service through and including completion of the 16th year of
service — 176 hours per year.
E. From commencement of the 17th year of service and for all years of service thereafter up to and including
the 25th year — 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).
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SECTION 12.02 Accrual Schedule - For Em to ees Aired Before July 1 19994
Vacation for employees hired before July 1, 1994 shall be accrued in accordance with 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 commencement of the 171h year of service and for all years of service thereafter up to and including
the 25th 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 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 12.03 Vacation Sell Back
A. Qualification for Vacation Cash Out: An employee who has completed one (1) year of service qualifies
for vacation cash out.
B . Cashout Process in 2023: In calendar year 2023, a qualified employee may elect to receive cash
payment(s) in lieu of accrued vacation leave up to one hundred percent (100%) of the total amount of
vacation leave that the employee can accrue in a year based on their length of service as described
above. While employees may elect to exercise this option not more than twice in calendar year 2023,
the cumulative amount of vacation leave cashed out may not, in aggregate, exceed total amount of
vacation leave that the employee can accrue in a year.
C . Election Process: A qualified employee may elect to receive cash payment(s) in lieu of accrued vacation
leave upto one hundred percent (100%) of the total amount of vacation leave that the employee can
accrue in a year based on their length of service as described above.
On or before December 15, 2023 and every December 15th thereafter, a qualified employee who elects
to cash out some or all of their accrued vacation for the following year shall submit written request to the
Human Resources Department stating their irrevocable election(s).
The employee shall provide the following information as part of their election: (1) The total number of
hours of vacation leave that the employee will accrue between January 1 and June 30 in the following
calendar year based on their annual accrual rate based on their years of service; (2) The total amount of
accrued vacation leave that the employee wants to cash out in July of the following calendar year (The
cash -out amount must be equal to or less than the amount accrued between January 1 and June 30);
(3) The total number of hours of vacation leave that the employee will accrue between July 1 and
December 31 in the following calendar year based on their annual accrual rate based on their years of
service; and (4) The total amount of accrued vacation leave that the employee wants to cash out in
December of the following calendar year (The cumulative cash -out amount must be equal to or less than
the total amount accrued between January 1 and December 30).
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D . The City shall administer the cash out twice annually, starting in July 2023 and every July and December
thereafter. The City shall make the cash outs in the first full pay period in July and December.
Such cash outs shall be paid at the employee's base salary hourly rate of pay.
E. Regardless of the number of hours that the employee requests to cash out, the City can only cash out
vacation hours that the employee has available for their use.
ARTICLE 13 BEREAVEMVENT LEA"V"E
SECTION 13.01 Maximum Leave Time
The practice of granting three (3) working days of bereavement leave per incident shall be increased to 40
hours per incident in those circumstances where travel to a funeral or other memorial proceeding is 500 or
more miles one way as measured from the El Segundo City Hall.
SECTION 13.02 Immediate Family Members Defined
The definition of the "immediate family" whose funeral or memorial proceeding qualifies for use of
bereavement leave, shall include the children, parents, siblings, grandparents and grandchildren of the
employee, parents -in-law, the employee's spouse, domestic partner or significant other.
ARTICLE 14 JURY DUTY
SECTION 14.01 Provision
Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of the following
conditions:
A. 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 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.)During the first two weeks of Jury Duty, an employee shall be
entitled to receive his or her regular compensation.
B. For any portion of Jury Duty that extends beyond the first two weeks, such extended Jury Duty period
shall be without pay unless, the employee presents written evidence that the court estimated during voir
dire that the trial would be of two 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 weeks, that the
employee asked to be excused because of this hardship, and the request was denied.
C. Any compensation for the first two weeks of Jury Duty, except travel reimbursement pay, must be
deposited with the Director of Human Resources.
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D. 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 or more consecutive hours.
E. The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 15 HEALTH BENEFITS
SECTION 15.01 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 Association member 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
insurance premium payments on behalf of the surviving spouse until age 65, Medicare eligibility,
whichever comes first, and to the children of the deceased officer until age 18. Said medical premium
payments on behalf of the children of a deceased officer 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 officer was receiving at the time of his/her death.
For example, if at the time of death, the officer 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.
SECTION 15.02 Optical, Dental ,and (Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for employees
and eligible dependents to the maximum dollar amount of $184.25 per month effective upon approval and
adoption of the MOU by City Council. The City will apply the maximum dollar amount to the payment of the
various premiums in the following order of precedence: optical insurance first, then life insurance, and finally
dental insurance.
A. The City will adopt a dental plan and pay the premium cost for employees only. The City reserves the right
to determine the insurance carrier with whom the City will contract for coverage; however, the City agrees
to consult with employees through the insurance committee and consider all suggestions and presentations
on the insurance plan to be purchased.
B. Upon adoption of the MOU by City Council and as soon as practical, the City will provide every member of
the Association with $50,000 of basic term life insurance at City cost. The City reserves the right to
determine the insurance carrier with whom the City will contract for coverage.
C. The City shall make available any city-wide improvements to the dental benefit, to the Association.
D. Selection of the vision insurance plan carrier shall be made by the City.
SECTION 16.03 Retiree Dental and Vision
Upon retirement, an employee and their spouse, registered domestic partner, and/or their eligible dependents
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who are actively enrolled in the City's dental and vision insurance plans may remain enrolled in such plans
as a retiree should such plans continue to remain available to current employees, but shall be responsible for
full payment of the associated insurance premiums.
In order to be eligible to be covered by such plans, the retiring employee and their spouse, registered domestic
partner, and/or and their eligible dependents must be actively enrolled in the plan(s) under which they are
seeking continued coverage.
If, upon retirement, the employee declines continued coverage under either plan, they may not enroll at a
later time.
Upon retirees death, the surviving spouse, registered domestic partner and/or eligible dependent(s) who are
actively enrolled in the City's dental and vision insurance plans may remain enrolled in such plans as surviving
dependents should such plans continue to remain available to current employees, and shall be responsible
for full payment of the associated insurance premiums.
This provision is not intended to vest either retirees or current employees once retired with any right to remain
enrolled in the City's dental and vision insurance plans. The City may decide to change dental or vision
insurance plans without regard to the impact that such a decision would have on retirees' eligibility to enroll
in such plans.
SECTION 15.04 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care Program
for medical insurance.
SECTION 15.05 Cily Medical Contribution
Effective for the medical premium in January 2021, the maximum monthly medical contribution by the City is
$1,650 per employee per month. Effective upon approval and adoption of this MOU, the maximum monthly
medical contribution shall increase to $1,700. Effective for the medical premium in January 2024, the
maximum monthly contribution shall increase to $1,750. Effective for the medical premium in January 2025,
the maximum monthly contribution shall increase to $1,800.
SECTION 15.06 Body or Heart ;Scan
Commencing July 1, 2008, each employee shall be eligible to receive a "body or heart scan" to be conducted
once every two (2) years at City expense. Eligibility for the "body or heart scan" shall be determined by the
examining physician at the Westchester Medical Group/Center for Heart and Health during the employee's
annual examination pursuant to the July 3, 2003 FITNESS FOR DUTY POLICY. The physician shall
determine whether or not undertaking a "body or heart scan" is reasonable and appropriate.
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ARTICLE 16 UNIFORM AND SAFETY EQUIPMENT
SECTION 16.01 Provision
The City shall provide required uniforms and safety equipment to eligible employees. For purposes of this
article, safety equipment shall include a weapon selected by the Police Chief. Effective the date of adoption
of the MOU, the uniform allowance shall no longer be provided to members of this bargaining unit.
SECTION 17.01 Monthly Stiff
Employees designated by the Chief of Police may receive an eighty dollar ($80) monthly stipend to offset the
cost of utilizing their personal devices for work -related purposes.
ARTICLE 18 RETIREMENT BENEFITS
SECTION 18.01 PERS Retirement Formula
A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
B. Tier II - Employees covered by classifications in this bargaining unit who are hired on or after October 6.
2012 and are otherwise not a "new employee" and/or "new member" of CalPERS under Government
Code Section 7522.04 of AB340, also known as the California Pension Reform Act of 2013, shall be
subject to the 3%@55 retirement formula.
C. Effective January 1, 2013, new safety employees and/or members, as defined by AB340, will be subject
to the 2.7%@57 retirement formula as well as all other statutory requirements established by A6340.
SECTION 18.02 PERS Payment Pickup
Employees who are "classic" members, as defined by the California Pension Reform Act of 2013 (AB340),
shall pay their statutorily required nine percent (9%) employee contribution to CalPERS effective March 4,
2017 and simultaneously with salary increases identified in Section 2.01 (i.e. employees shall pay an amount
equal to 9% of compensation earnable as the employee contribution to PERS). In accordance with Resolution
No. 4497 the City shall treat this contribution as an employer contribution for purposes of employee federal
and state income tax withholding as authorized by Internal Revenue Code (IRC) Section 414(h)(2).
Effective November 23, 2018, "classic" members, as defined by the California Pension Reform Act of 2013
(AB340), shall pay an additional three percent (3%) employee contribution to CalPERS simultaneously with
the salary increases identified in Section 2.01. (Employees shall pay an amount equal to twelve (12) percent
of compensation earnable as the employee contribution to PERS. These deductions shall be pre-tax and be
pursuant to California Government Code section 20516(f) until such time as the City amends its contract with
CalPERS to make the deduction pursuant to California Government Code section 20516(a).
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SECTION 18.03 Optional PERS Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits in accordance with Government Code § 21574.
B. The City shall provide Pre -Retirement Option 2W Death Benefit in accordance with Government Code §
21548.
C. The City shall provide the Single Highest Year formula for "classic" members only as defined by AB340,
in accordance with Government Code Section § 20042.
SECTION 18.04 Minimum Service with City of El Segundo to Receive Retirement Benefits
Employees who retire must have earned service credit with CalPERS for a minimum of five (5) years to
receive the following benefits: the option of continuing to participate in the City's group insurance programs
and the right to receive a contribution toward medical insurance for the retiree and 1 dependent. In addition,
employees are eligible for payments of unused sick leave pursuant to Article 11.
SECTION 18.05 Retiree Health Insurance Contribution Program
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:
Year of Retirement Amount of Monthly Contribution
1995 and after Average dollar cost of the premium for an employee and 2 or more
dependents for the HMO's available to employees under PEMHCA
ARTICLE 19 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
SECTION 19.01 Direct Deposit
It is agreed between the City and the Police Officers' Association that it is in the mutual interest of the City
and its employees that all covered employees utilize the currently available direct deposit system. Employees
who do not desire to utilize direct deposit shall make their wishes known in writing to the City's Director of
Finance, together with a statement of their reasons therefore. Exceptions to this direct deposit policy shall
not be unreasonably denied.
SECTION 19.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the Internal
Revenue Code.
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ARTICLE 20 CATASTROPHIC LEAVE PROGRAM
SECTION 20.01 Definition of a Catastrophic Illness or InJu
A catastrophic illness or injury is a chronic or long-term health condition that is incurable, or so serious that,
if not treated, would likely result in a long period of incapacity.
A. All permanent full-time or part-time sworn employees will donate 6.00 hours of either sick leave, vacation
or compensatory leave time, per year, to the catastrophic leave bank, until a unit total of 1,000 hours have
been contributed to the catastrophic leave bank. Employees may donate additional time to the
catastrophic leave bank by completing a Catastrophic Leave Time Donation ation a ue t Form prior to
donating more accumulated leave time. Employees, or their designated representative, requesting use
of the leave bank must complete a Request to Receive Catastro hic Leave Time Form as soon as possible
prior to, or within a reasonable time frame after, catastrophic illness or injury. Completed forms must be
submitted to the Director of Human Resources/Risk Management or his/her designee.
B. Forms are available from the Human Resources Department. The Human Resources Department will
maintain all Catastrophic Leave Policy materials.
SECTION 20.03 Policv Procedures
A. Administration - This bank will be administered by a joint employer/employee committee composed of
two (2) representatives from the El Segundo Police Officers' Association, one (1) from the Human
Resources Department and one (1) from the Finance Department.
B. Donation Requests - In addition to the July 1 mandatory donation, eligible employees may transfer
additional accrued sick leave, vacation or compensatory leave time for donation to an employee, or
employees experiencing catastrophic illness/injury and who have exhausted all other personal leaves.
Donated time can only be made in increments of four (4) hours. Additionally, employees shall designate
whether their 6.00 hour contribution made to the catastrophic leave bank shall be made from the sick,
vacation or compensatory leave banks. Should recipient employees not use all their allocated donated
time, any balance will remain in the bank for future utilizations.
C. Transfer requests will be reviewed by the Catastrophic Leave Committee for approval and for verification
that the donating employee maintains the required minimum 100 leave hours after his or her donation.
D. Donations of accumulated time are irrevocable,.
E. Catastrophic leave shall not be used to supplement leaves due to industrial injuries or illness. However,
catastrophic leave may be used to supplement long-term disability benefits.
21
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
ARTICLE 21 LAYOFF PROCEDURES
SECTION 21.01 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 21.02 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 21.03 At -Will Em lort ees
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 21.04 Procedures for La off
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 ('h) time from the date of hire with the City.
SECTION 21.05 Breaking Ties
In cases where two 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:
Above Standard - 24 points
Standard - 12 points
Below Standard - 0 points
22
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
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.
SECTION 21.06 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 21.07 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 21.08 SaIaEy 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 21.09 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 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.
23
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
SECTION 21.10 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 21.11 Ri hts on Reem to ment
If a person is reemployed by the City within three years, the employee's seniority, sick leave and vacation
accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall 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 21.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , the employee 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/Risk Management.
ARTICLE 22 GRIEVANCE PROCEDURE
SECTION 22.01 Definition of Terms
Grievance - A grievance is an alleged violation, misinterpretation or misapplication of a specific written
departmental or agency rule or regulation or a specific provision of a Memorandum of Understanding. A
grievance is distinct from an appeal arising from disciplinary action in that it a grievance is a violation,
misinterpretation or misapplication of a specific written departmental or agency rule and/or policy or specific
provision of a Memorandum of Understanding.
Grievant -A grievant is an employee or group of employees adversely affected by an act or omission of the
agency.
Day - A day is a business day (Monday -Friday).
Immediate Suo ervisor - The first level supervisor of the grievant.
SECTION 22.02 Time Limits
A. Compliance and Flexibillit -With the written consent of both parties, the time limitation for any step may
be extended or shortened.
24
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
B. Calculation of Time Limits -Time limits for the appeal provided in each level shall begin the day following
receipt of a written decision or appeal by the parties.
C. Failure to Meet Time Limits -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 22.03 Procedure
Grievances will be processed as follows:
A. Level I - Within ten days of the date the employee reasonably knew or should have known of the incident
giving rise to the grievance, the employee should make an effort to resolve the grievance informally with
the employee's immediate supervisor. The supervisor shall hold discussions and attempt to resolve the
grievance within five (5) days.
B. Level II - If the grievance is not resolved at Level I, the grievant may submit a written grievance to the
second level supervisor within five (5) days following the expiration of time at Level I.
1. Procedure for Filing a Grievance - In filing a grievance, the employee should set forth the
following information:
a. If possible, the specific section of the departmental or agency rules or regulations
allegedly violated, misinterpreted or misapplied.
b. The specific act or omission which gave rise to the alleged violation,
misinterpretation or misapplication.
c. The date or dates on which the violation, misinterpretation or misapplication
occurred.
d. The documents, witnesses or other evidence which support the grievant's position,
which are known to the grievant at the time of filing the grievance, shall be
presented with the grievance and may be supplied after the initial filing of the
grievance.
e. The remedy requested.
C. Level 111 - If the grievance is not resolved by the second level supervisor, the grievant may present the
grievance in writing to the department head within five (5) days. The department head will 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. The City Manager or 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.
25
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
SECTION 22.04 Matters Excluded from the Grievance Procedure
A. The grievance procedure is not intended to be used for the purpose of addressing requests or changes
in wages, hours or working conditions.
B. The procedure is not intended to be used to challenge the content of employee evaluations or performance
reviews beyond the department head.
C. The procedure is not intended to be used to challenge the merits of a reclassification, layoff, transfer,
denial of reinstatement, or denial of a step or merit increase.
D. The procedure is not intended to be used in cases of reduction in pay, demotion, suspension or a
termination, but are subject to the formal appeal process outlined in Ordinance 586.
SECTION 22.05 Conferences
Grievant and City representatives, upon request, shall have the right to a conference at any level of the
grievance procedure.
ARTICLE 23 POLICIES
SECTION 23.01 Occupational Iniury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
SECTION 23.02 J9isability Retirement Policy
The parties have agreed upon a Disability Retirement Policy, dated May 2010.
SECTION 23.03 Fitness for DW Polley
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
SECTION 23.04 POBR Limited Appeals
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 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.
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
Right to Administrative Appeal
A. 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, 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.
B. The City and the Association mutually agree to reopen the Memorandum of Understanding
regarding the drafting of a POBR Hearing Policy regarding a reduction in salary caused by a
reassignment resulting in a loss of incentive , specialty assignment, bonus ,or similar pay.
C. 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.
2. Appeal of Written Reprimands
A. 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.
B. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
3. Hearing Officer (Appeal of Written Reprimands Only)
A. 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.
B. 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.)
4. Appeal of Other Punitive Action
A. 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.
B. The notice of appeal shall specify the action being appealed and the substantive and
procedural grounds for the appeal.
27
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
C. 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.
5. Conduct of Hearing (5 days or less suspensions, transfers for purposes of
punishment, reduction in salary caused by a reassignment.)
A. 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.
B. The parties may present opening statements.
C. The parties may present evidence through documents and direct testimony.
D. The parties shall not be entitled to confront and cross-examine witnesses.
E. Following the presentation of evidence, if any, the parties may present closing arguments.
6. Recording of the Hearing
The hearing shall be audio recorded.
7, Representation
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.
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.
8. The hearing officer fees shall be equally borne by the City and the Association.
9. Decision
A. 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.
SECTION 23.06 Voluntaly Binding Arbitration and Bonus Pa ment
Voluntary Agreement to Binding Arbitration in Exchange for $30,000 Bonus Payment: Employees may voluntarily enter
into an Arbitration Agreement according to the terms of the agreement. Current POA employees in the classifications of
Police Officer and Police Sergeant shall have until December 31, 2023 to enter into the Arbitration Agreement. (See
Appendix B.)
For Police Officer and Police Sergeant employees hired during the term of this MOU, they are not eligible to participate in
the program unless and until they have satisfactorily completed probation. Upon satisfactory completion of probation,
28
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
newly hired employees during the term of this MOU shall have 90 days from satisfactory completion of probation to sign
the Arbitration Agreement.
SECTION 23.06 Residency Requirement
In order to ensure prompt response times in an ememency situation all personnel hired by the El Segundo Police
Department following approval and adoption of this Agreement may reside no further than one hundred (100)
road miles from Police Headquarters. This presumes that a substantial portion of that distance will be traveled at
freeway speed and that personnel can report to Police Headquarters within 90 minutes of the request for call back.
Any request to live outside this limit will be evaluated individually to determine the impact on ability to respond
in an emergency situation.
ARTICLE 24 "LIMITED USE" TIME OFF
SECTION 24.01 "Limited Use" Time Off
Employees shall be paid at the employee's regular rate of pay for any unused accumulated 'limited use time
off effective February 21, 2017. The calculation of the payout is without prejudice to any rights, claims or
defenses by the parties regarding the dispute referenced in Section 2.02."
SECTION 26.01 Alternate Work Schedule
Effective coincident with the start of the January 2012 bid, employees assigned to Patrol will work either a
3/12.5 or 3/12.5 - 4/10 hybrid schedule. The determination of which schedule is used shall be made jointly
by the police chief and the Association.
A. 3/12.5 schedule - consists of a weekly schedule of three consecutive work days of 12.5 consecutive
hours each (inclusive of paid breaks and a 45-minute paid meal period) followed by three consecutive
days off. In addition, each employee shall be scheduled to work one additional shift each of 10
consecutive hours (inclusive of paid breaks and a 45-minute paid meal period) each 28 days.
B. 3/12.5 — 4/10 hybrid schedule — consists of having some employees being regularly assigned a 3/12.5
schedule (see above) and others being regularly assigned a 4/10 schedule (see Section 28.01,
above). The determination of what days of the week will be assigned either the 3/12.5 or the 4/10
shall be made by mutual agreement of the parties.
ARTICLE 26 EMPLOYEE REFERRAL BONUS
SECTION 26.01 Employee Referral Bonus
Any Unit member who recruits a non -City employee to accept employment for the Department in a sworn
position shall be provided a recruitment bonus of Five Thousand Dollars ($5,000), one-half to be paid upon
29
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
the employee's hire, one -quarter upon the employee's completion of their training program and the other one -
quarter upon the employee's successful completion of probation. These payments are 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.
Members of the City's recruitment team and any employee who works a recruitment event shall be eligible
for this bonus, but only for an employee he or she recruits separate and apart from their duties as a member
of the recruitment team or participation in the recruitment event. Final determinations for eligibility shall be
made by the Police Chief.
On June 25, 2018, the City Council passed Resolution No.5095 increasing the amount of the referral bonus
it offered employees as a result of recruitment difficulties. Upon the sunset of Resolution No. 5095, Unit
employees' recruitment incentive shall be reduced from Five Thousand Dollars ($5,000) to Three Thousand
Dollars ($3,000), which shall be paid one-half upon the hire of the employee and one-half upon completion of
probation.
ARTICLE 27 DISCIPLINE APPEALS
SECTION 27.0 Discipline appeals
A. Appeals of Dismissals, Demotions, and/or Suspensions without Pay Longer than Six (6) Days, Brought
by Police Officer Employees: For police officer employees only, the City shall submit timely appeals of
dismissals, demotions and suspensions without pay longer than six (6) days to binding arbitration,
pursuant to this Agreement.
1. An employee who has been dismissed, demoted, or suspended longer than six 6 days, shall
have ten (10) calendar days following written notification of the dismissal in which to file an
appeal. The written appeal must be submitted to the City Manager.
2. Upon receipt of a timely request for appeal of the dismissal, the City and employee may either
mutually select an arbitrator or request a list of seven (7) arbitrators registered with the
California State Conciliation and Mediation Service or some other mutually agreed upon
source. The Parties shall agree to a mediator within ten (10) days of the timely appeal, unless
the Parties mutually agree to extend this time period. If the parties cannot agree on the
arbitrator, they shall alternately strike names and the last name remaining shall be selected.
Which party strikes first shall be determined by lot.
3. The role of the arbitrator shall be to determine if the discipline is consistent with just cause.
The arbitrator shall hold a hearing at which both sides may present their arguments and
evidence, including witnesses and subsequently issue a written decision. The hearing shall
commence within 120 days of selection by the Parties, unless the Parties mutually agree to
extend this time period.
4. The decision of the arbitrator shall be final and binding on the Parties. The arbitrator shall
issue his/her decision in writing within thirty (30) days of the closing of the hearing.
5. The costs of the arbitration/hearing (court reporter, arbitration hearing transcripts) shall be
divided in half (50/50) between the City and employee representative. Attorney's fees, staff
time and witness fees shall not be shared between the Parties and shall be paid by the Party
that incurred the cost.
30
Agreement No. 6651
POA MOU
April 1, 2023 through June 30, 2025
For the Association:
Robert M-V&x-Ier, Chief Negotiator
L-k VI z3
Date
31
For the City of El Segundo:
00ANa A-QA'V
Darrell George, City Manager
Rebecca Redyk, an, Resources Director
Laura Drottz Malty, ChlefNegootor
1
Date
POLICE OFFICERS' ASSOCIATION (POA) PAY App x A
Agreement o.6651
SCHEDULE Effective April 8, 2023 - 7%
POA
Police Officers' Association Salary Schedule
SALARY
EFFECTIVE REVISION AGREEMENT JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY ANNUAL
DATE EFFECTIVE NUMBER
DATE
4/22/2023
4/18/2023
5627
Police Officer
ESPOA
687
Hourly
44.09
7642.13
91705.59
46.29
8024.24
96290.88
48.61
8425.46
101105.50
51.04
8846.73
106160.73
53.59
9289.07
111468.79
58.95
10217.97
122615.58
4/22/2023
4/18/2023
5627
Police Ser eant
ESPOA
700
Hourly
55.23
9574.02
114888.21
58.00
10052.71
120632.57
60.90
1 10555.36
1 126664.29
63.94
11083.12
1132997.49
67.14
11637.28
1139647.33
73.85
12801.01
153612.11
POLICE OFFICERS' ASSOCIATION (POA) PAY SCHEDULE Appendix A
Effective December 30, 2023 - 3%
Agreement No. 6651
EFFECTIVE
DATE
12/30/2023
SALARY
REVISION
EFFECTIVE
DATE
4/18/2023
AGREEMENT
NUMBER
5627
PQA '.
�O���c+��'�i��sA�►���a fir 1�+'�I�
JOB CLASS TITLE GROUP BU GRADE PAY TYPE HOURLY MONTHLY
Police Officer ESPOA 687 Houril 45.41 7871.40
ANNUAL
94456.76
47.68
8264.97
99179.61
50.07
8678.22
104138.66
52.57
9112.13
109345.56
55.20
9567.74
114812.85
60.72
10524.50
126294.05
12/30/2023
4/18/2023
5627
Police Sergeant
ESPOA
700
Hourly
56.89
9861.24
118334.86
59.74
10354.30
124251.55
62.72
10872.02
130464.22
65.86
11415.62
136987.42
69.15
1 11986.40
1143836.75
76.07
1 13185.04
1158220.47
POLICE OFFICERS' ASSOCIATION (PDA) PAY SCHEDULE
Effective December 28, 2024 - 3% Appendix A
Agreement No. 6651
ltOrar ,atir
EFFECTIVE
DATE
SALARY
REVISION
EFFECTIVE
DATE
'AGREEMENT
NUMBER
JOB CLASS TITLE
GROUP BU
GRADE
PAY TYPE
HOURLY
MONTHLY
ANNUAL
12128/2024
4/18/2023
5627
Police Officer
ESPOA
687
Hourly
46.77
8107.54
97290.46
49.11
1 8512.92
102155.00
51.57
8938.57
107262.82
54.15
9385.49
112625.92
56.85
9854.77
118257.24
62.54
10840.24
130082.87
12/28/2024
4/18/2023
5627
Police Sergeant
ESPOA
700
Hourly
58.60
10157.08
121884.90
61.53
10664.92
127979.09
64.60
11198.18
134378.14
67.84
11758.09
141097.04
71.23
12345.99
1148151.85
78.36
13580.59
1162967.091
Agreement No. 6651
POA MOU- April 1, 2023 through June 30, 2025
Appendix B
Page 1 of 4
ARBITRATION AGREEMENT
This Arbitration Agreement ("Agreement"), is between the City of El Segundo
("Employer' or "City") and ("Employee") (collectively
"Parties" or "Party" as may be appropriate.) Employer and Employee agree to the
following terms and conditions.
1. Consideration. In exchange for a total of bonus payments of up to $30,000,
Employee agrees to arbitration as the sole and exclusive remedy for the Arbitrable Claims
defined below.
a. The first payment of $15,000 is to be paid within 30 days of Employee's
delivery of an executed Agreement to the City, and then the remaining
$15,000 shall be paid in $5,000 increments every six months thereafter.
Employee shall not be entitled to receive more than $30,000 in
payments pursuant to this Agreement, even if Employee's employment
is terminated and the Employee subsequently becomes re-employed by
the City.
b. If an employee's employment is terminated after receipt of the initial
$15,000 payment but before the employee receives $30,000 in
payments, this Agreement is still in full force and effect and employee
has no right to receive to additional payments. However, if Employee
becomes re-employed by the City but had not received the entire
$30,000 in payments, the remaining payments shall be made based
upon the same payment intervals described above.
c. If an employee remains employed with City but promotes or otherwise
transfers to another bargaining unit and/or an unrepresented position
within the City after this Agreement has been executed and the first
payment has been made, City shall continue to make payments
consistent with Section 1.a. and 1.b. above, and Arbitrable Claims will
be subject to binding arbitration regardless of whether the Arbitrable
Claims arose while the employee was a member of the POA or while a
member of another bargaining unit and/or an unrepresented position
within the City.
d. Once the Employee receives a payment under this Agreement, all
Arbitrable Claims shall be subject to the arbitration process outlined
below.
2. Applicable Law. The Employee and Employer agree that the Arbitrable
Claims defined below shall be submitted to and determined exclusively by binding
arbitration under the California Arbitration Act, ("CAA") (Cal. Code Civ. Proc. sec. 1280
et. Seq. Employer and Employee understand and agree that they are knowingly and
intentionally giving up any right that they may have to a court trial by judge or jury with
regard to the Arbitrable Claims.
Agreement No. 6651
POA MOU- April 1, 2023 through June 30, 2025
Appendix B
Page 2 of 4
3. Arbitration Procedure. The Parties shall have the right to conduct
discovery pursuant to Cal. Code Civ. Proc. sec. 1283.05 (including all of the CAA's other
mandatory and permissive rights to discovery). Nothing in this Agreement 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. 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. 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.
4. Definition of Arbitrable Claims. The following shall be Arbitrable Claims:
a. 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 Agreement 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.
Agreement No. 6651
POA MOU- April 1, 2023 through June 30, 2025
Appendix B
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b. Notwithstanding the provisions of this Agreement, Employee 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.
5. Class, Collective or Representative Actions. Class actions, collective
actions, and representative actions shall not be asserted or available in any
arbitration under this Agreement, and the Arbitrator shall have no authority to
proceed with, or preside over, the arbitration of any Arbitrable Claim on a class
action, collective action, or representative action basis. The employee may
only pursue Arbitrable Claims in their individual capacities and may only submit
their own, individual claims in any arbitration required by this Agreement.
However, neither the foregoing nor any other portion of this Agreement shall
prohibit Employee from discussing any Arbitrable Claim with Employee's
current or former coworkers. The City and Employee knowingly and voluntarily
waive, to the maximum extent permitted by law, any right to bring, commence,
be a party to, or be a member of a class action, collective action, representative
action, or proceeding in arbitration or otherwise, with respect to any Arbitrable
Claim covered by this Agreement. Accordingly, except as otherwise provided
by law, Arbitrable Claims may not be brought or pursued as a class action,
collective action, or representative action in arbitration, in court, or in any other
forum.
6. Arbitration Costs.
a. For arbitrations of disputes for Arbitrable Claims as set out in section
4.a., the City shall bear the costs of any arbitration, including the
compensation of the Arbitrator, all of the Arbitrator's administrative
expenses, and CSR transcripts for arbitration hearings.
b. For any arbitration conducted pursuant to this Agreement, 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, including without limitation deposition related costs.
7. Term of Agreement. This Agreement shall continue in full force and effect
for the duration of Employee's employment by Employer and survives after the
termination of the Employee's employment. This Agreement does not create any
express or implied contract of employment and nothing in this Agreement is intended to
alter the employment status of Employee.
8. Integration. This Agreement sets forth the Parties' mutual rights and
obligations with respect to the resolution of Arbitrable Claims. It is intended to be the final,
Agreement No. 6651
POA MOU- April 1, 2023 through June 30, 2025
Appendix B
Page 4 of 4
complete, and exclusive statement of the terms of the Parties' agreements regarding this
subject. This Agreement supersedes all other prior and contemporaneous agreements
and statements related to the resolution of Arbitrable Claims, whether written or oral,
express or implied, on this subject, and it may not be contradicted by evidence of any
prior or contemporaneous statements or agreements. To the extent that the practices,
policies, or procedures of Employer, now or in the future, apply to Employee and are
inconsistent with the terms of this Agreement, the provisions of this Agreement shall
control.
9. Amendments; Waivers. This Agreement may not be amended except by
an instrument in writing, signed by Employee and Employer. No failure to exercise and
no delay in exercising any right, remedy, or power under this Agreement shall operate as
a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power
under this Agreement preclude any other or further exercise thereof, or the exercise of
any other right, remedy, or power provided herein or by law or in equity.
10. Severability. If a court or Arbitrator holds any provision of this Agreement
to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full
force and effect. In addition, the Parties authorize the Arbitrator or court to add to or
revise the language of this Arbitration Agreement in order to make the provision complete
and lawful, so as to effectuate to the maximum extent possible the Parties' mutual intent
to have all disputes subject to this provision be resolved solely by final and binding
arbitration.
11. Jurisdiction and Venue. All arbitrations of Arbitrable Claims shall be heard
in Los Angeles County, California, and all court proceedings arising out of this Agreement
shall be filed in Los Angeles County, California.
"EMPLOYEE" "EMPLOYER"
CITY OF EL SEGUNDO
Signature of Employee
Printed Name of Employee
Dated
Signature of Employer Representative
0
Name/Title of Employer Representative
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