2023 Nov 07 - CC PACKET SPCSPECIAL AGENDA
EL SEGUNDO CITY COUNCIL
SPECIAL MEETING
TUESDAY, NOVEMBER 7, 2023
6:00 PM OPEN SESSION —
WILL OPEN WITH REGULAR SESSION
CITY COUNCIL CHAMBER
350 MAIN STREET, EL SEGUNDO, CA 90245
Drew Boyles, Mayor
Chris Pimentel, Mayor Pro Tern
Carol Pirsztuk, Council Member
Scot Nicol, Council Member
Lance Giroux, Council Member
Tracy Weaver, City Clerk
Matthew Robinson, City Treasurer
Executive Team
Darrell George, City Manager
Barbara Voss, Deputy City Manager
Jaime Bermudez, Police Chief
Michael Allen, Community Development Dir.
Jose Calderon, IT Director
Aly Mancini, Recreation, Parks & Library Dir.
Mark Hensley, City Attorney
David Cain, Interim CFO
Robert Espinosa, Interim Fire Chief
Rebecca Redyk, HR Director
Elias Sassoon, Public Works Dir.
MISSION STATEMENT:
"Provide a great place to live, work, and visit."
VISION STATEMENT:
"Be a global innovation leader where big ideas take off
while maintaining our unique small-town character."
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The City Council, with certain statutory exceptions, can only act upon properly posted
and listed agenda items. Any writings or documents given to a majority of City Council
regarding any matter on this agenda that the City received after issuing the agenda
packet are available for public inspection in the City Clerk's Office during normal
business hours. Such documents may also be posted on the City's website at
www.elsegundo.crq and additional copies will be available at the City Council meeting.
Unless otherwise noted in the agenda, the public can only comment on City -related
business that is within the jurisdiction of the City Council and/or items listed on the
agenda during the Public Communications portions of the Meeting. Additionally,
members of the public can comment on any Public Hearing item on the agenda during
the Public Hearing portion of such item. The time limit for comments is five (5) minutes
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REASONABLE ACCOMMODATIONS: In compliance with the Americans with
Disabilities Act and Government Code Section 54953(g), the City Council has
adopted a reasonable accommodation policy to swiftly resolve accommodation
requests. The policy can also be found on the City's website at
https://www.elsegundo.or_q/_governmentldepartments/city-clerk. Please contact
the City Clerk's Office at (310) 524-2308 to make an accommodation request or to
obtain a copy of the policy.
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6:00 PM — OPEN AND CALL TO ORDER WITH REGULAR OPEN SESSION
ROLL CALL
PLEDGE OF ALLEGIANCE
PUBLIC COMMUNICATIONS — (RELATED TO CITY BUSINESS ONLY — 5 MINUTE
LIMIT PER PERSON, 30 MINUTE LIMIT TOTAL) Individuals who have received value
of $50 or more to communicate to the City Council on behalf of another, and employees
speaking on behalf of their employer, must so identify themselves prior to addressing
the City Council. Failure to do so shall be a misdemeanor and punishable by a fine of
$250. While all comments are welcome, the Brown Act does not allow Council to take
action on any item not on the agenda. The Council will respond to comments after
Public Communications is closed.
A. STAFF PRESENTATIONS:
1. Memorandum of Understanding Between the City of El Segundo and the El
Segundo Police Managers' Association and Amendment to the City
Contributions for CalPERS Medical Premiums
Recommendation -
1. Adopt a Resolution approving and adopting the Memorandum of
Understanding ("MOU") between the City of El Segundo and the El
Segundo Police Managers' Association ("PMA").
2. Adopt a Resolution amending the City contributions for CalPERS medical
premiums pursuant to the MOU between the City of El Segundo and the
PMA.
3. Alternatively, discuss and take other action related to this item.
ADJOURNMENT
POSTED:
DATE: November 6, 2023
TIME: 2:00 PM
BY: Tracy Weaver, City Clerk
3
CITY OF
E L S E GU N D O City Council Agenda Statement
Meeting Date: November 7, 2023
Agenda Heading: Staff Presentations
TITLE:
Memorandum of Understanding Between the City of El Segundo and the El Segundo
Police Managers' Association and Amendment to the City Contributions for CalPERS
Medical Premiums
RECOMMENDATION:
Adopt a Resolution approving and adopting the Memorandum of Understanding
("MOU") between the City of El Segundo and the El Segundo Police Managers'
Association ("PMA").
2. Adopt a Resolution amending the City contributions for CalPERS medical
premiums pursuant to the MOU between the City of El Segundo and the PMA.
3. Alternatively, discuss and take other action related to this item.
FISCAL IMPACT:
The total cost of the successor PMA Memorandum of Understanding is approximately
$297,000 for the term October 1, 2023 through June 30, 2026.
The fiscal impact for FY 2023-2024 to implement the terms of the PMA MOU from
October 1, 2023 through June 30, 2024 is approximately $164,000.
Account Numbers: 001-299-0000-2990 General Fund Unappropriated Fund Balance to
various Police Department salary and benefits accounts:
001-400-3101-4xxx (Police Administration Division salary & benefits)- $27,133
001-400-3102-41xx (Police Patrol Division salary & benefits)- $112,215
001-400-3103-4xxx (Traffic Safety Division salary & benefits)- $24,608
BACKGROUND:
Staff and representatives of the PMA met and conferred pursuant to Section 3500 et seq.
of the California Government Code, for purposes of reaching a labor agreement. The City
and the PMA began negotiations on September 23, 2023 for a successor MOU to the
agreement that expired on September 30, 2023 and each exchanged four (4) formal
offers before reaching Tentative Agreement. The PMA ratified the agreement on
November 2, 2023.
PMA MOU and PEMHCA Amendment
November 7, 2023
Page 2 of 3
These negotiations included a very comprehensive review and reorganization of the MOU
which will provide clearer language for its members and for City staff to administer in
furtherance of Goal 3 of the Strategic Plan, "To Promote a Quality Workforce Through
Teamwork and Organizational Efficiencies."
DISCUSSION:
The successor MOU provides for a retention bonus, cost -of -living adjustments, increases
to City contributions for health, Education Incentive, Administrative Leave hours, addition
of a Personal Leave day, and lump sum payment of forty (40) hours. The redlined MOU
is attached which shows the revisions and clean up language. The PMA bargaining unit
represents the Police Lieutenant and Police Captains job classifications with six (6)
incumbents. The following are highlights of the salary and benefit changes to the MOU:
1. Term: 2 years and 9 months, October 1, 2023, to June 30, 2026.
2. Retention: One-time payment of $3,750.
3. Salary Adjustments:
• 7% effective following approval and adoption of MOU
• 3% effective July 1, 2024
• 3% effective July 1, 2025.
4. Health Insurance Increases:
• Effective January 1, 2024: from $1,700 to $1,750
• Effective January 1, 2025: from $1,750 to $1,800
• Effective January 1, 2025: from $1,750 to $1,800.
5. Increase Education Incentive for Lieutenants who possess a Master's degree from
$398.97 to $500 per pay period. Increase Education Incentive for Captains who
possess a Master's degree from $451.40 to $750 per pay period.
6. Rename Executive Leave to Administrative Leave. Increase leave for Captains
from 56 to 80 hours per calendar year; retain leave for Lieutenants at 56 hours per
calendar year. Sunset carryover provision of twenty-eight (28) hours per calendar
year on December 31, 2024.
7. Add one (1) day of Personal Leave per year.
8. Remove Exceptional Leave provision in exchange for lump sum payment of forty
(40) hours of base pay.
Additionally, the parties agreed to various items including the following:
• Revision of the leave cash out process to comply with the IRS doctrine of
constructive receipt; and
• Provide for the inclusion of longevity, educational incentive, special assignment,
and bilingual pay in the calculation of salary step placement upon promotion.
CalPERS requires contracting agencies participating in the Medical Plan under the Public
Employee's Medical and Hospital Care Act ("PEMHCA") to submit a change resolution
approved by the City Council to amend the employer contribution for medical premiums.
PMA MOU and PEMHCA Amendment
November 7, 2023
Page 3 of 3
Attached for adoption is the required resolution to increase the 2024 City paid medical
premiums as noted above.
Upon approval and adoption of the MOU and related resolutions, Human Resources will
work with Finance to implement all provisions as negotiated.
CITY STRATEGIC PLAN COMPLIANCE:
Goal 3: Promote a Quality Workforce Through Teamwork and Organizational Efficiencies
Objective: El Segundo is an employer of choice and consistently hires for the future,
with a workforce that is inspired, world -class, engaged and innovative.
PREPARED BY: Rebecca Redyk, Human Resources Direct
REVIEWED BY: Rebecca Redyk, Human Resources Dj, �ec r
APPROVED BY: Barbara Voss, Deputy City Manager K
.r
SUPPORTING DOCUMENTS:
1. Tentative Agreement Redline MOU between the City of El Segundo and PMA
2. Resolution approving and Adopting the MOU between the City of El Segundo and the
PMA
3. Exhibit A to Resolution - PMA MOU October 1, 2023 to June 30, 2026
4. Resolution of the City Council of the City of El Segundo, California, Updating the
Employer Contribution Under the Public Employees' Medical and Hospital Care Act at
an Equal Amount for Employees and Annuitants with Respect to a Recognized
Employee Organization 007 El Segundo Police Managers' Association
MEMORANDUM
OF
UNDERSTANDING
EL SEGUNDO POLICE
MANAGERS' ASSOCIATION
October 1, 2023 - June 30, 2026
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City Proposal #4. f11-1-2023) Deleted: I
Deleted: 10-31(9-210
1 TABLE OF CONTENTS Formatted: Font: 11 pt
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ARTICLE 1 INTRODUCTION
ARTICLE 2 COMPENSTION
ARTICLE 3 BENEFITS
ARTICLE 4 LEAVES AND ABSENCES
ARTICLE 5 EMPLOYER — EMPLOYEE RELATIONS
ARTICLE 6 OTHER PROVISIONS
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I
Cite Proposal #-LLI 1-1-2023)
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Deleted: 10-31(9-210
MEMORANDUM OF UNDERSTANDING Formatted: Font: 11 pt
between the
EL SEGUNDO POLICE MANAGERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO, CALIFORNIA
ARTICLE 1 - INTRODUCTION Formatted: Font: 11 pt J
SECTION 1. Preamble
This Memorandum of Understanding (MOU) is entered into with reference to the following: Formatted: Indent: Left: 0"
A. The El Segundo Police Managers' Association (hereinafter referred to as the "Association") is
the exclusively recognized employee organization for all personnel employed by the City of El
Segundo (hereinafter referred to as "City") in the unit of representation including the following
classifications and positions (hereinafter referred to as "affected employees"): Police
Lieutenant and Police Captain. During the life of this agreement, such exclusive recognition
may only be modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected
employees, authorized representatives of the City Council of City and the Association have
met and conferred in good faith, exchanging various proposals concerning wages, hours and
the terms and conditions of employment of affected employees within the lawful scope of
representation of Association pursuant to California Government Code Sections 3500 et. seq.
and City Resolution Number 3208.
C. The authorized representatives of the City Council of City and the Association have reached
a mutual agreement as to certain wages, hours and other terms and conditions of employment
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of the affected employees, this memorandum of which shall be submitted to the City Council
Deleted: 2013
of City for its consideration and if adopted, for implementation of its terms and conditions by
Deleted: September 30, 2023
appropriate ordinance, resolution or other lawful action. This MOU is a comprehensive
Deleted: ¶
statement of agreed -upon wages, hours and other terms and conditions of employment.
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D. Unless otherwise provided for herein, all terms and conditions described herein shall be
¶
effective upon adoption of the MOU by the City Council.
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SECTION 2. Term
I Deleted: st of Living
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The term of this MOU shall be October 1,0 through June 30. 202Q
Deleted: Employees shall receive the following salary
adjustments...
,ARTICLE 2 - COMPENSATION
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SECTION 1. Compensation Aclaustments
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Formatted: List Paragraph, Numbered + Level: 1 +
The City shall provide the followina salary Increases to employees. per Appendix A:
Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left +
I Aligned at: 0.25" + Indent at: 0.5"
Deleted: two and one-half percent (2.50 % );
1. Effective the first full Day period following the adoption of this Agreement Increase base -
salary by seven percent (7.00%)_
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I Formatted: Font: (Default) Arial
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('ity Proposal k{`11-1-2023
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Deleted: 10-31(9-210
2. Effective the first full pay period that includes July 1, 2024 Increase base salary by three
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percent (3 00%1 and
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I
Deleted: two percent (2.00 %)
3 .Effective the first full pay period that includes July 1, 2025 Jncrease base salary by three
percent (3 00%
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q
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These salary adjustments are to take in alignment with the CalPERS payment pickup identified
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In Article,3, Section 7-13.
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La
SECTION 2. Retention BonusDeleted:
one and one-half percent(1.50%);
The City shall provide a one-time retention bonus in the amount of S3 75Qto each employee in
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the bargaining unit who is employed by the City upon approval and adoption of the MOU_ j
Deleted: First pay period following adoption of this
... 10
Deleted: effect simultaneously
The City shall provide the bonus in the first full pay period following the date provided above.
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SECTION 3. One -Time Lump Sum Payment
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The City shall provide a one-time lump sum non-PERSable payment of forty (40) hours to each
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17131
employee in the bargaining unit upon approval and adoption of the MOU in exchange for the
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ri4i
removal and elimination of Exceptional Leave" from this MOU. The lump sum payment shall be
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paid at the base hourly wage once the initial Compensation Adjustment' as set forth above
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(Article 2. Section 1) has been applied and ranges from approximately $3.600 to $4.645.
Deleted:
,SECTIONA. Salary Schedule Calculation Methodology
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,An affected employee's, regular rate of pay is calculated in dollars and cents rounded $o two (2)
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11-81
decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the
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specific and proportional percent differences between salary ranges and salary steps previously
... 19 11
approved by the City
Deleted: SECTION 2. Raaular Rate of Par zo
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SECTION $, Salary Table Step Advancement
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Deleted:
The advancement of an employee from one step to the next shall occur on the beginning of-
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the pay period immediately after completion of one (1) year's satisfactory service in each of
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such classification.
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SECTION 6V Step Advancement — Accelerated
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f23
accelerated salary step advancement is intended to recognize employees whose job
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(... 24
performance is exemplary and consistently exceeds normal expectations for their current step.
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Prior to an employee completing one (1 ) year of service at their current step. an employee
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whose performance is exemplary and consistently exceeds normal expectations for their
Formatted
current step may be eligible to receive accelerated salary step advancement to the next higher
salary step. so long as the employee has not yet reached the top step of their salary range and
the next salary step provides no more than a five percent (5%) increase over their base Salary
at their current step.
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Q )
In order to be eligible for accelerated salary step advancement. the Police Chieflnust
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F— ml�
recommend to the Director of Human Resources for approval by the City Manager,
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Cite Proposal is Q 1-1-2023) Deleted: 1
Deleted: 10-31(9-210
The Police Chief shall submit the form to the Director of Human Resources. stating their
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recommendation ,
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The Director of Human Resources shall submit the form to the City Manager indicating
whether the recommendation conforms to the Citv-wide criteria for accelerated step
advancement
The City Manaaer shall make the final decision whether to approve the employee's accelerated
salary step advancement.
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An employee may receive more than one accelerated salary step advancement within a
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i
twelve (12) month period of time. subject to the requirements provided for in this section
SECTION 6. Retention Bonuses¶
i I
The City shall make a one-time ad hoc lump sum amount
An accelerated salary step advancement shall not change the affected employee's anniversary
payment of Three Thousand Seven Hundred Fifty Dollars
date.
($3,750) to each "Classic" member of the Association
covered by this Memorandum of Understanding who is
actively employed by the City on December 7, 2019. The
SECTION y Notice Requirement to Withhold Step Increase
payment shall be made in the pay period that includes
December T 2019. The one-time ad hoc payment paid
is unconnected to performance and shall not be reflected
The City shall have the option during or after the term of this MOU to provide affected employees
on any City pay or salary schedule, shall not be the basis
written notice of the intent to withhold a salarystep increase and the reasons for same no later
p
far any future negotiated salary increases, and shall not
be reported as compensation earnable ¶
than the end of the pay period which begins after the affected employee's anniversary date.
9
The City shall make a one-time ad hoc lump sum
SECTION. Compaction —Statement of Intent
amount payment of Three Thousand Seven Hundred
Fifty Dollars ($3,750) to each "Classic" member of the
Association covered by this Memorandum of
The City strives to compensate affected employees at a reasonable level above the classification
understanding who was employed by the City on
they supervise. Additionally, the City strives to compensate.Captains at a reasonable level above
December 7, 2021, and is actively employed by the City
on December 7, 2021 The payment shall be made in
,Lieutenants. Typically a difference of five percent (5%) is targeted, with the specific percentage
the pay period that includes December 7, 2021 The
determined by internal and external comparability data, City finances, and other labor relations
to
one-time ad hoc payment paid is unconnected performance and shall not be reflected on any City pay or
factors and consideration.
salary schedule, shall not be the basis for any future
negotiated salary increases, and shall not be reported as
SECTION 9- . Payroll Direct Deposit
compensation earnable¶
Deleted: 7
Payroll is distributed bi-weekly (i.e 26 times per year)
Deleted:_
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The City shall electronically deposit employees paychecks directly into a savings or checking
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account designated by the employees
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EmDlovees shall be responsible for providing the Finance Department with the correct transit
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routing and account information.
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Deleted: so promoted
Additional Compensation I Deleted: enter into such higher classification at the
Deleted: provided for such higher classification
SECTION 10, Salary Differential Upon Promotion Deleted: ex
In all cases where an affected employee Is promoted to a classification regulated by this MOU for Deleted: I pay
which a higher rate of compensation is provided. then such employee shall receive the lowest Deleted: said
rate of compensation phich exceeds by not less than five percent (5%) the base rate of ( Deleted: such
compensation. including longevity. educational Incentive. special assignment and bilingual pays Deleted: , unless otherwise ordered by the City Council
received by Jhe employee in such given classification at the time of their promotion, Formatted: Font: (Default) Anal
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3
City Proposal #4 LI 1-1-2023)
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Deleted: 10-31(9-210
All supervisors shall be paid a higher base salary than any of their regularly assigned subordinates
it lusive of longevity- educational incentiveL special assignment.,and bilinqual pays received by
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the employee).
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Deleted: pay
In the event that a supervisor is paid a base salary equal to or lower than one of their regularly
assigned subordinate's base salary the supervisor shall be granted a higher base salary
Deleted: pay
(inclusive of longevity. educational incentive, special assignment. and bilingual pays) even if the
Deleted: or any other form of compensation
supervisor's new base salary is not the same as an existing pay steD in the Salary Schedule.
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Notwithstanding the above. the supervisor's salary shall not exceed the salary range for which
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they are eligible by length of service and performance
Deleted: pay
Deleted: or any other form of compensation
SECTION 11, Temporary Service in a Higher Classification/Acting Pay
I Deleted: s
Where an affected employee is qualified for and is required for an appreciable period of time to
Deleted` —
serve temporarily in and have the responsibility for work in a higher class or position, when
approved by the City Manager, such affected employee, while so assigned, shall receive the
Deleted: his or her
entrance salary rate of that class or whatever step thereof that is not less than five percent]
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above a , *, present rate, whichever is higher.
Deleted:
For the purpose of this section, "appreciable period of time" is defined as ten (10) consecutive
Deleted: A.
working days, or eight (8) working days if on four/ten (4/10) plan, or longer. The acting pay shall
Deleted: July 1, 2008
retroactively commence to the first day of the acting assignment.
Deleted: 398.97
Deleted:451.40
SECTION,?, Educational Incentive Pay
Deleted:
,Effective upon approval and adoption of the MOIL affected employees holdin a Master's Degree
�9 9
Formatted: Indent: Left: 0", First line: 0", Tab stops: Not at
1.38"
shall be eligible for educational incentive compensation to be paid per pay period as follows:
Deleted: q
1. Police Lieutenants: $500 04
Deleted: ¶ 1
SECTION 10. Salary Differential Upon Promotloo
1
2. Police Captains: $750 0
In all cases where an affected employee is promoted to a
classification regulated by this MOU for which a higher
rate of compensation is provided, then such employee so
The parties are of the opinion that Educational Incentive Pay qualifies as compensation earnable•
promoted shall enter into such higher classification at the
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
lowest rate of compensation provided for such hi .., 29
California Code of Regulations. However, the City makes no representation of law as the validity
Deleted: 11
of that opinion and does not warrant its validity,
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SECTION 9�', Marksmanship
Pav
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Deli
f�. Affected employees will receive their regular rate of pay for meeting the following firearms-
standards:
Deleted:
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Class
Pay for Proficiency, per Quarter (3 Calendar Months)
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distinguished Expert_
8 hours of pay
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expert
6 hours of pay
,Sharpshooter
4 hours of pay
Deleted:
__Marksman
0 hours of pay
I Deleted:
r—
Deleted:
B. The parties are of the opinion that Marksmanship Pay qualifies as compensation earnable Formatted: Font: (Default) Arial
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the Formatted: Font: (Default) Arial
4
Cite Proposal #4.0 1-1-20231
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Deleted: 10-31(9-210
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
C._Payment of Marksmanship Pay - Death of Employee
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Deleted:
jn the event of an affected employee's death, earned, but not yet distributed Marksmanship
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Pay shall be compensated in an amount equal to one -hundred percent (100%) of the value of
-
such marksmanship pay based upon the affected employee's regular rate of pay at the time
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of death and shall be distributed to the affected employee's beneficiary.
Tab stops: Not at -0.75" + -0.5" + 0" ++ 0.06" + 0.63.63+
0.69" + 1.7s" + 2" + 2.13" + 2.25" + 2.38" + 2.63" +
2.88" + 3" + 3.25" + 3.5" + 3.75" + 4" + 4.25" + 4.5" +
SECTIONJ4 Uniforms and Safety Equipment
4.75"+ 5"+ 5.5"+ 5.69"
Deleted:
�4. Provision of Uniforms and Safety Equipment
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Deleted: _
The City shall provide required uniforms and safety equipment to affected employees. For
Deleted:
purposes of this article, safety equipment shall include a weapon selected by the Police
Chief.
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Formatted: Normal, Indent: Left: 0", Hanging: 0.25"
C. Uniform Allowance
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Patrol lieutenants shall receive $53 per month of active duty. Non -patrol beutenants and
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Captains shall receive $40 per month of active duty.
stops: Not at -0.75" + -0.5" + 0" + 0.25" + 0.5" + 0.75"
+ 1.25" + 1.38" + 1.5" + 1.63" + 1.75" + 1.88" + 2" +
The parties are of the opinion that Uniform Allowance qualifies as compensation earnable
2.13" + 2.25" + 2.5" + 2.75" + 2.88" + 3" + 3.25" +
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
3.5" + 3.75" + 4" + 4.25" + 4.5" + 4.75" + 5" + 5.5" +
5.69"
California Code of Regulations. However, the City makes no representation of law as the
Deleted:
validity of that opinion and does not warrant its validity.
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C. The uniform allowance shall be non-PERSable for employees who are not -classic
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members as defined by the Public Employees' Pension Reform Act of 2013 ("PEPRA)
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SECTION 15. Overtime Compensation.
Deleted:
Police Lieutenants shall be paid time and one-half of their regular rate of pay for time worked on
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a shift basis in excess of their regular work shift, in any one day or more than forty (40) hours per
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week, excluding hours worked involving hold -over for non -shift work due to staff
Deleted: fty W 3blft fthedole
_and
meetings or training.
Deleted: , or
Police Captains are expressly excluded from the receipt of contractual overtime. Fr-,ttd-Not Highlight
SECTION 16, Reaular Rate of Pay Defined Formatted: Not Highlight
Deleted: _
A. The -regular rate of Day- is the hourly rate that includes all remunerations paid to or on behalf
of the employee, including Educational Incentive Pay and the City -paid CalPERS Employer
Paid Member Contribution. but not gifts, travel expenses, other reimbursable expenses,
payments not mandated by the MOU or other rules/regulations. retirement and insurance
contributions by the City. overtime and holiday pay. Use of the term -regular rate of pay` is not
intended by any party to create overtime eligibility unless specifically provided for in this MOU.
B Affected employees shall be paid their regular rate of pay for the following: Formatted: Font: (Default) Anal
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5
C'it� Proposal #{LI 1- 1 -2023
1. Overtime.
2. Holiday Pay.
3. Earned Compensatory Time Sell Back.
4. Physical Fitness Incentive Program Pay
5. Accrued and unused vacation upon separation of emoloyment or death
6. Marksmanship Pay.
,ARTICLE 3 - BENEFITS
,SECTION 1. Health Insurance
A Health Insurance Coverage. Employees receive coverage under a Public Employees'
Medical and Hospital Care Act (-PEMHCA-) olan administered by the Public Emplovees'
Retirement System ( PERS-).
Employees who elect to be covered under such plan may choose between Health
Maintenance Organization (-HMO") and indemnity medical coverage plans
B. City Health Contribution The City will contribute both the minimum amount required
under Government Code section 22892 and a supplemental amount under PEMHCA to
cover certain costs associated with the premiums associated with the coverage for the
employee and their eligible dependent(s)' medical costs.
The City s maximum contributions shall be as follows.
1- jEffective January 1. 2024. the City will contribute S1.750 per member per month for
employee health insurance coverage:
2 -Effective January 1 2025. the City will contribute $1.800 per member per month far
employee health insurance coverage: and
3 Effective January 1 2026 the City will contribute S1.850 per member per month for
employee health insurance coverage and
Should the City and POA reach agreement to increase the maximum monthlv contribution
during the period covered by this MOU PMA members will receive the same increase.
An employee shall be responsible for any employee premium amount that exceeds the City
contribution amount described above. The City will deduct such amount from the
employees paycheck through a pre-tax payroll deduction
The City no lonaer provides employees who opt out of health coverage under the City olan the -
option to receive cash in lieu of such coverage +
6
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MOU, the City will contribute $1,700 per member per
month for employee health insurance coverage; ¶
4
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4
The City contracts with the California PERS for the Public
Employees' Medical and Hospital Care Program for medical
insurance,¶
4
B. City Medical Contribution¶
9
Effective for the medical premium in January 20202021, the
maximum medical contributions by the City is $1,6501,575
per employee per month. Effective on approval and adoption
ofthis MOU, the maximum monthly medical contribution
shall increase to $1,700. Effective January 20242021, the
maximum monthly contribution shall increase to
$1,750$1,650. Effective for the medical premium in January
2025, the maximum monthly contribution shall increase to
$1,800. Effective for the medical premium in January 2026,
the maximum monthly contribution shall increase to
Should the City and POA reach agreement to increase the
maximum monthly contribution during the period covered by
this MOU, PMA members will receive the same increase.
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Citv Proposal #-ELI 1-1-2023)
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SECTION 2. Dental, Vision and Life Insurance
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The City will pay 100% of the premiums for the agreed upon dental, �iI§ion-and life insurance for
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affected employees and eligible dependents.,
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0" + 0.25" + 0.5" + 0.75" + 1" + 1.38" + 1.5" + 1.63"
+ 1.75" + I'88" + 2" + 2.13" + 2.25" + 2.5" + 2.75" +
Selection of the vision insurance plan carrier shall be made by the City.,
2.88" + 3" + 3.25" + 3.5" + 3.75" + 4" + 4.25" + 4.5" +
4.75" + 5" + 5.5" + 5.69"
B. The City reserves the right to determine the dental insurance carrier with whom the City will
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contract for coverage; however, the City agrees to consult with affected employees through
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the insurance committee and consider all suggestions and presentations on the insurance
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plan to be purchased.
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C. The City shall make available any city-wide improvements to the dental benefit, to the
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Association.
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D. The City will provide affected employees with $50,000 of life insurance at City cost. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage. Additional insurance coverage for the affected employee (up to $100,000
maximum coverage) and for family members may be purchased at group rates, to the extent
authorized by the carrier.
SECTION 3. Dental and Vision — Retired Employees
A. Upon retirement, an emolovee and their spouse. registered domestic partner. and/or eligible
dependents 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.
B. In order to be eligible to be covered by such plans. the retiring employee and their spouse,
registered domestic Danner. and/or eligible dependents. must be actively enrolled in the
Plan(s) under which they are seeking continued coverage.
C If. upon retirement. the employee declines continued coverage under either plan, they may
not enroll at a later time.
D. 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 she be responsible for full payment of the associated
insurance premiums.
E. 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' eligibiiity to enroll in such plans..
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SECTION 4. Employee Assistance Program (EAP)
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The City provides employees and immediate family members confidential assistance. referrals.
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and counseling through the EAP The program is designed to provide professional assistance
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,7,
City Proposal # 1_I-1-2023
and support to help employees and their families resolve problems that affect or may affect
their personal or professional lives.
The City shall provide the basic level of EAP service to employees at the cost incurred by the
City for participation in such program.
Basic level includes three (3) session per member per incident Cier year.
SECTIONA. Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public
Employees' Retirement System that an affected employee has died as a direct and
proximate result of the performance of duties in the course and scope of heir employment,
then the City shall continue to make group medical premium payments on behalf of the
surviving spouse until age 65, Medicare eligibility, whichever comes first, and to the children
of the deceased affected employee until age 18. Said medical premium payments on behalf
of the children of a deceased affected employee shall continue if, at age 18, the child
commences uninterrupted college enrollment, but not to exceed the age of 23.
The City contributions forhealth insurance premiums described herein shall be in an amount
required to fund the level of medical insurance benefits which the deceased affected
employee was receiving at the time of their death. For example, if at the time of death, the
affected employee was enrolled in a specific HMO Plan, then future premium payments
made pursuant to this article shall be in an amount required to maintain comparable plan
benefitk
C City funded premiums shall be subject to the monthly limitation in Article 3. Section 1.
Subsection,B
�SECTIONP. Flexible Spending Account
I}
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the -
Internal Revenue Code.
Each employee of the Association is eligible to participate in this voluntary program.
They lexible Soendino.Accoun: allows for payment of employee paid insurance premiums, non -
reimbursed medical expenses and/or dependent care expenses with pre-tax dollars.
SECTION7. RETIREMENT BENEFITS
.A. PERS Retirement Formula
I -,The City has implemented the 3o/0�,50 PERS retirement formula for all affected
employees.
Tier II - The City shall amend its contract with the Public Employees' Retirement System
to implement the 3°/. a , 5 retirement formula, in accordance with Government Code
.............................................
Section 21363.1, for unit employees hired on or after the effective date of the PERS
contract amendment.
8
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an Employee Assistance Program which provides confidential
assistance, referrals and counseling to affected employees
and members of the affected employee's immediately family.
The program is designed to provide professional assistance
and support to help affected employees and their families
resolve problems and issues that affect their personal lives or
job performance.
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flexible
spending
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ON, hroposil ;{LI 1-1-2023)
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3. Tier III - Effective January 1, 2013, new safety employees and/or members as defined by
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AB340, will be subject to the 2.7°/g@ 7 retirement formula as well as all other statutory
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41
requirements established by A13340,
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PERS Payment Pickp- p_
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---f4431
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I _Employees who are "classic" members as defined by the Public Employees' Pension -
Reform Act of 2013 ( PEPRA' 6 shall pay their twelve percent (12%) employee contribution
Reform
to CalPERS effective on the following schedule:
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a Three percent (3%) in the first pay period following the City Councils adoption of the'
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MOU, which occurred on November 19. 2019.
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b. An additional three percent (3%) effective the pay period that includes October 1, '
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2020,
c. An additional three percent (3%) effective the pay period that includes October 1.
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2021: and
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d An additional three percent (3%) effective the pay period that includes October 1.-
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2022
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The City shall continue to pay and report the value of Employer -Paid Member
Contributions CEPMC") "as compensation earnable" for "Classic" members as follows:
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a. Nine percent (9%) In the first pay period folloWna the City Council's adoption of the-
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MOIL which occurred on November 19_2019:
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b. Six percent (6%) in the Day period that includes October 1. 20204
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c. Three percent (3%) in the pay period that includes October 1. 2021: and
47
a. Zero percent (0%) in the pay period that includes October 1, 2022,
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C. Optional PERS Contract Provisions
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,. 50
1. The City shall provide "Level 4" 1959 Survivors Benefits,
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2_The City shall provide the Single Highest Year formula for "Classic" members.
--
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_3-The City shall provide the Military Service credit as public service option. -
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4�The City shall provide the Pre -Retirement Option 2W Death Benefit.
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P. Minimum Service with City of El Segundo to Receive Retirement Benefits
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,Employees who retire must have earned service credit with CalPERS for a minimum of five
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(5) years to receive the following benefits: the option to participate in the City's group
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insurance programs and the right to receive a contribution toward medical insurance as set
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forth in Section E
r561
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JE. Retiree Health Insurance Contribution Program
Deleted: ...mployees who retire must have e
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Effective January 1, 2020, the City will contribute to a retiree health insurance contribution
program for retirees who participate in the Public Employees' Medical and Hospital Care
Program l' PEMHCA !.
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9
City Proposal #1 LLI 1-1-2023)
The program will provide for the following maximum contribution: Average dollar cost of the
premium for an employee and two (2) or more dependents for the HMO's available to active
employees under PEMHCA and no greater than the maximum City contribution made on
behalf of active employees.
SECTION$. Deferred Compensation
A Deferred Compensation Plan (457)
A deferred compensation plan has been established as a benefit to affected employees
Each affected employee is eligible to participate in the plan.
Deferred Compensation "Catch Up" Provision
Affected employees with twenty (20) or more years of City service who have reached the
age of forty-seven (47) or older can cash out one-third (1/3) of all accrued leave at their
base rate of pay, up to the deferred compensation maximum "catch up" permitted by law,
during the affected employee's last three years of employment. In no event, can an
employee cash -out a cumulative total greater than that permitted herein, and in no event
shall the post -distribution leave balance be less than 120 hours.,
SECTION,g. Tuition and Book Reimbursement Program
A_Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to
all affected employees.
,13. Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's
degree)
The City shall reimburse each affected employee pursuing undergraduate studies in an
amount equal to 100% of tuition and book expenditures incurred while employed by the
City and while a student at any accredited college or university having its campus in the
State of California. However, the tuition reimbursement described herein, shall not
exceed the per -unit tuition cost required by the University of California or California State
University, whichever is higher.
2. 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.
Post -Graduate Studies (Post -Graduate studies are defined as those undertaken in pursuit of
a degree beyond a Bachelor's).
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.
10
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+ 2.54" + 2.75" + 2.88" + 3.13" + 3.42" + 3.79" + 4" +
4.25" + 4.48" + 4.63" + 4.92" + 5.04"
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Deleted: B. Deferred Compensation Plan (401a)¶
9
The City will pay an amount equal to the affected employee's
contribution to deferred compensation up to a maximum of
one percent (1 %) of the affected employee's base pay, for all
Association employees participating in City approved deferred
compensation plans. Effective October 1, 2011, the 401(a)
1 % match for members of this unit shall be eliminated ¶
4
c
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2.25" 2.75" .5+ 2.88" + 3" + 3.5" + 3.75" + 4" +
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Cit. Proposal ;'-LLI 1-1-20231
2. 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.
3. 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.
P. Certification Requirement for Educational Compensation
Affected employees who participate in the Educational Reimbursement Program will be
required to sign the following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s),
receiving at least a grade of "C" of better, or a grade of "pass," if the course was offered on a
pass/fail basis. (Attach a copy of grade verification). "Further, I agree to refund the City or
have deducted from my final paycheck, any educational reimbursement funds received
under this program if I should leave the City's employ, voluntarily or through termination,
with cause, within one year after completion of the course work for which I am to receive
reimbursement, in accordance with the following schedule."
Below is the reunbursement scheauie for the full months worked between the
employee's completion of the course for which they are being reimbursed and their last
day of employment with the City and the percentage of the total reimbursement to be
refunded to the City.
Months Worked between
Percentage to be
Refunded to the City
(0/61
Date the Course was
Completed and the Final
Dav at Work
1
100
2
100
3
90
4
80
5
70
6
60
.7
50
8
40
.9
30
10
20
11
10
12
0
,SECTION 10. Physical Fitness Incentive Program
.A. Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Incentive Program to
improve the level of physical fitness and health among sworn police personnel so that their
11t
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Payback ¶
4
1 month after course completion 100% refund¶
2 months after course completion 100 % refund¶
3 months after course completion 90% refund¶
4 months after course completion 80% refund¶
5 months after course completion 70 % refund¶
6 months after course completion 60 % refund¶
7 months after course completion 50 % refund ¶
8 months after course completion 40% refund¶
9 months after course completion 30% refund¶
10 months after course completion 20 % refund¶ g
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City Proposal #4.Ll 1-1-20231
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.
,13. Department Policy
It will be the policy of the Police Department to work with employees individually and assist those
that need to improve their lifestyle habits in order that fitness levels can be improved. There is no
'failure' in participation, only the identification of needs and the recognition of strengths.
,C. Program Components
The Physical Fitness Incentive Program will consist of two basic components; they are a
fitness examination and a fitness assessment.
J. Fitness Examination:
An annual fitness examination is a mandatory component of the Physical Fitness
Incentive Program. The examination will be comprehensive and will include the cardio-
vascular system, the pulmonary function, a complete blood work -up, body composition
analysis, the lower digestive tract, and a strength assessment. It will also include a
complete medical history review with a physician and a subsequent review of the
findings as well as an exercise/nutritional prescription.
2. Fitness Assessment:
a The fitness assessment is a voluntary component of the Physical Fitness Incentive
Program and will be administered by a department fitness coordinator and fitness
committee.
b. The fitness assessment will be a test to measure components of physical fitness
which are:
1. Cardio-vascular
2. _Strength
3. _Body composition
4 Flexibility
p. _ Tht~ assessment will be administered quarterly and will apply standards developed
and used by the Cooper Aerobics Institute, Dallas, Texas, and include sliding scales
based on age and sex.
d. _will be developed,which wild categorize participants into levels of fitness.
P. Physical Fitness Incentive Program Pay,
,Affected employees will receive their regular rate of pay for meeting the following physical
fitness standards:
.Fitness Level Pay per Quarter ''Al
Excellent 16 hours of pay
1z
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City Proposal #4LI 1-1-20231
Good 8 hours of pay
Fair 4 hours of pay
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The parties are of the opinion that Physical Fitness Incentive Program Pay qualifies as
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compensation earnable pursuant to Section 20636 of the California Government Code and
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Section 571(a)(1) of the California Code of Regulations. However, the City makes no
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representation of law as the validity of that opinion and does not warrant its validity.
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E. Payment of Physical Fitness Incentive Program Pay — Death of Employee
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In the event of an affected employee's death, earned, but not yet distributed Physical
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Fitness Incentive Program Pay shall be compensated in an amount equal to one -hundred
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percent 100% of the value of such physical fitness incentive program a based upon the
p ( ) P Y � p 9 pay P
+ 5"1.+ 2. 8"1.+ 2. 3"1.+ 88" + 1 3 + z" + z.13" +
2.25" + 2.38" + 2.63" + 2.88" + 3" + 3.25" + 3.5" +
affected employee's regular rate of pay at the time of death and shall be distributed to the
3.75" + 4" + 4.25" + 4.5" + 4.75" + s' + 5.5" + 5.69" ;
affected employee's beneficiary.
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11. Comprehensive Medical Examination
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,SECTION
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.A. _Annual Comprehensive Medical Examination
Affected employees are provided a fully -paid, comprehensive medical examination each
year. The City currently utilizes the Westchester Medical Group/Center for Heart and Health
for the examinations. The results of the examination include extensive written
documentation and feedback, fitness consultation, recommended further testing and/or
adjustments to current lifestyle practices and ongoing monitoring.
E. _Heart Scan
Effective July 1, 2008, each affected employee shall be eligible to receive a heart scan to be -
conducted once every two (2) years at City expense. Eligibility for the heart scan shall be
determined by the examining physician at the Westchester Medical Group/Center for Heart
and Health during the employee's annual medical examination. The physician shall
determine whether or not undertaking a heart scan is reasonable and appropriate.
ARTICLE 4 - LEAVES AND ABSENC
SECTION 1. Vacation Leave
.A. Vacation Time Use
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1,25" + 1.38" + 1.5" + 1.63" + 1.75" + 2" + 2.13" +
2.25" + 2.38" + 2.63" + 2.88" + 3" + 3.25" + 3.5" +
3.75" + 4" + 4.25" + 4.5" + 4.75" + 5" + 5.5" + 5.69"
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,Affected employees shall accrue vacation time on a monthly basis. Vacation leaves may be
taken only after an affected employee has completed six (6) months of continuous service
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From commencement of the 1st year of service through and
with the City.
including completion of the 5lh year of service — 96 hours per
year.¶
Accrual Schedule — For Employees Hired On or After Jul 11994
a6•Y,
From commencement of the 6th year of service through and
including completion of the 10th year of service —120 hours
peryear¶
Vacation for employees hired on or after July 1, 1994, shall be accrued pursuant to the
From commencement of the 11th year of service through
following
and including completion of the 15th year of service —144
schedule:
hours per year 4
From commencement of the 16th year of service thr `„ 86
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13
City Proposal #-LL11-1-2023)
Years of S_ervicg
Annual Accrual Rate
Maximum
Permissible Accrual
0 — 5 years
96 hours
192 hours
6 — 10 years
120 hours
240 hours
11 — 15 years
144 hours
288 hours
16 Vears
176 hours
352 hours
17+ year
Additional 8 hours er eat
above what an employee with
Variable
16 vears of service receive
C. Accrual Schedule — For Employees Hired Before July 1, 1994
,Vacation for employees before July 1, 1994, shall be accrued pursuant to the following
schedule:
Years of Service,
Annual Accrual Rates
Maximum Permissible
Accrual
0-7
96 hours
192 hours
8-14
136 hours
272 hours
15-16
176 hours
352 hours
17+
Additional 8 hours per year
above what an employee with
Variable
16 vears of service receives
P. Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
Affected employees who have successfully completed their initial probationary period and/or
achieved E step placement in their assigned salary range shall accumulate vacation time
based on their total years of service in a PERS or comparable agency.
,E. Vacation Time Accrual — Sell Back
1. Qualification for Vacation Cash Out: ,
6n employee who has completed one (1) year of service qualifies for vacation cash out
2. Cash -Out Process in 2023:
In calendar vear 2023. a aualified emolovee may elect to receive cash pavment(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 aaareaate. exceed total amount of vacation leave that the employee can accrue
In a year.
3. Election Process:
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
14
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Deleted: as set forth in Section 1-B 5 above
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For the first seven years of continuous service with the City —
96 hours per year
After seven years and until the completion of fourteen years of
continuous service — 136 hours per year.¶
After fourteen years of continuous service and until th ,., t877
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Formatted Table
Deleted: Continuous
Deleted: with the City
Deleted: Years of Service
Deleted: Annual Accrual Rate
Deleted: Additional 8 hours/year as set forth in Secti 88
Deleted: ¶ 69
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Citv Proposal PALI 1-1-2023)
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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
Deleted:
employee who elects to cash out some or all of their accrued vacation for the following
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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
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total number of hours of vacation leave that the employee will accrue between January 1
and June 30 in the following calendar years 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 mush 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
Deleted:
their years of service. and (4) The total amount of accrued vacation leave that the
Deleted:
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
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January 1 and December 30).
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4 The City shall administer the cash out twice annually starting In July 2023 and every
Deleted: Affected employees who have completed one (1)
July and December thereafter The City shall make the cash outs in the first full pay
year of service may receive payment in lieu of accrued
period In July and December.
vacation time, at base rate of pay, up to a maximum of one
-
hundred percent (100%) the annual accrual to which they are
entitled by length of service.
,Such cash outs shall be paid at the employees base salary hourly rate of pay.
Deleted: 9
4
S. 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
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Vacation Time Accrual - For Temporary Industrial Disability
Tab stops: Not at -0.75" + -0.5" + 0" + 0.25" + 0.5" +
_F.
- - - - -
0.75" + 1" + 1.25" + 1.38" + 1.5" + 1.63" + 1.75" +
1.88" + 2" + 2.13" + 2.25" + 2.5" + 2.75" + 2.88" + 3"
Employees on temporary industrial disability may accrue vacation time for longer than two
+ 3.25' + 3.5" + 3.75" + 4" + 4.25" + 4.5" + 4.75" +
(2) years.
s" + 5.5" + 5.69" __J
Deleted:
G. Payment of Vacation Time - Death of Employee
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In the event of an affected employee's separation from employment or death, earned, but
not yet used Vacation Time shall be compensated in an amount equal to one -hundred
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percent (100%) of the value of such vacation time based upon the affected employee's
Deleted:
regular rate of pay at the time of death or separation from employment. In case of
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employee's death, such amount shall be distributed to the affected employee's beneficiary.
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SECTION 2. Sick Leave
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I
stops: Not at -0.75" + -0.5" + 0" + 0.5" + 0.75" + 1" +
A. Sick Leave - Leave with Pay Due to Illness - Accumulation of Same
1.25" + 1.38" + 1.5" + 1.63" + 1.75" + 2" + 2.13" +
2.25" + 2.38" + 2.63" + 2.88" + 3" + 3.25" + 3.5" +
Sick Leave with pay may be granted for an absence from duty because of personal illness,
3.75" + 4" + 4.25" + 4.5" + 4.75" + 5" + 5.5" + 5.69"
injury or legal quarantine not compensate under the provisions of the Workers'
Deleted:
Compensation Laws of the State of California. Affected employees shall accumulate sick
Deleted:
leave at the rate of one (1) eight (8) hour day accumulation for each month's service not to
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exceed a maximum of 1056 hours. Hours worked in addition to a regular work week shall
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,15
City Proposal #QLI 1-1-2023)
not entitle an employee to additional sick leave accumulation. Sick leave taken by an
employee shall be deducted from thei accumulated credit.
J3. Sick Leave Accumulated for Physical Examination
The City will allow up to two (2) days of accumulated sick leave each year to be used for
purposes of physical examinations, subject to submission of a doctors verification.
C. Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual
Deleted: I
Deleted: 10-31(9-210
Deleted: his or her
Deleted:
Deleted,
Deleted:
Effective the first day of December of each year, affected employees who maintain a l Deleted:
balance of 1056 hours of sick leave accrual shall be paid for seventy-five percent (75%) of
the sick leave accumulated and not used during the preceding twelve-month period.
Payment shall be paid at the affected employee's base rate of pay and be paid on or before
December 10.
P. Sick Leave Accrued — Payment on Separation Prior to December 1
Affected employees who separate employment prior to the first day of December while
maintaining a balance of more than 1056 hours of sick leave shall be paid for seventy-five
percent (75%) of their unused accrued sick leave accumulated since the preceding
December 1. Payment shall be paid at the affected employee's base rate of pay.
,E. Payment of Sick Leave Accrual — Disability Retirement
Upon separation from service because of a disability retirement, affected employees with
five (5) years of City service will be compensated for one -hundred percent (100 %) of the
affected employee's accumulated unused sick leave at the affected employee's base rate of
pay at separation.
,F. Payment of Sick Leave Accrual —After 20 Years of City Service
Upon separation from service, affected employees with twenty (20) years of City service will
be compensated for one -hundred percent (100 %) of the employee's accumulated, unused
sick leave at the affected employee's regular rate of pay at separation.
G. Payment of Sick Leave Accrual — On Separation from the City
An affected employees who has been employed by the City for five (5) or more years who
separates from the City with unused sick leave to their credit, will be compensated in an
amount equal to one-half (1/2) the value of such sick leave based upon the affected
employee's base rate of pay at the time of separation.
P. Payment of Sick Leave Accrual — Death of Employee
Jn the event an affected employee who has been employed by the City for five (5) years or
more in a full-time position, dies with unused sick leave to their credit, an amount equal to
one -hundred percent (100%) of the value of such sick leave based upon the affected
employee's base rate of pay at the time of death and shall be distributed to the affected
employee's beneficiary.
,16
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City Proposal #4.Ll 1-1-20231 Deleted, 1...(10-31(9-210 91
J. Sick Leave Accumulated for Care of Immediate Family Deleted:
The City shall allow up to twelve (12) days of accumulated sick leave each calendar year to Deleted:
be use for purposes of medical emergencies, doctor visits and homecare of members of the
immediate family. Usage would also be permitted under the following instances:
The birth of a child of an employee, and to care for a newborn, Deleted: 9
The placement of a child with an employee in connection with the adoption or foster care Deleted: <#>¶ 43
of a child by an employee,
11
3. To care for a member of the immediate family who has a serious health condition. Deleted: <#>q
For this Purpose, the term "family member" means a child, parent, spouse. registered Formatted: Font: (Default) Arial, 11 pt, Not Expanded by /
domestic partner, grandparent. grandchild or sibling. or any other "family member" condensed by
recognized by Labor Code section 245.5. The term parent shall also include the parent of Formatted: Normal, Indent: Left: 0.25", First line: 0"
the employee's spouse or registered domestic partner., Formatted f9411
For this Purpose. the term 'family member" also means one (1) "designated person" that the
emolovee has identified who is related to the emolovee by blood or whose association with
the employee is the equivalent of a family relationship.
All applicable sections of City Personnel Rules relative to the documentation and verification
of sick leave usage remain in full force and effect.
,,SECTION 3. Holiday Leave
Captains and Lieutenants shall be paid for one hundred -twenty (120) hours in lieu of holidays.
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.
The City shall have the option to issue eligible employees one check annually inclusive for sick
leave pay and holiday pay in November, but no later than December 10.
In the event of the death of an affected employee or upon separation from service, affected
employees shall be paid holiday pay on a pro-rata basis. Additionally, affected employees
serving less than one (1) year shall be paid holiday pay on a pro-rata basis.
Formatted: Left, Indent: Left: 0.25", Tab stops: Not at
• -0.75" + -0.5" + 0" + 0.5" + 0.75" + 1" + 1.25" + 1.38"
+ 1.5" + 1.63" + 1.75" + 2" + 2.13" + 2.25" + 2.38" +
2.63" + 2.88" + 3" + 3,25" + 3.5" + 3.75" + 4" + 4.25"
+ 4.5" + 4.75" + 5" + 5.5" + 5.69" J
Formatted: Font: (Default) Arial, 11 pt
Deleted: For the purpose of this section, "immediate family" .
shall mean the children, parents, grandparents, and siblings
of the affected employee, the affected employee's spouse or
significant other_¶
Deleted: ¶
4
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Formatted: Normal, No bullets or numbering, Tab stops:
Not at 1.5" + 2.38" + 2.63" + 3.25"
Upon request of an employee and with department head approval, time off may be taken in lieu -
of holiday pay.
SECTION 4. Personal Leave Day,
A. Jn the first full pay period following the adoption of this MOU by the City Council, the City shall provide
employees one (1) day of Personal Leave. The City shall provide employees one day of
Personal Leave each year, as described below, unless and until such time as the City
recognizes Juneteenth as a Holiday. In the event that the City recognizes Juneteenth as a
Holiday, the City will rescind the provision of the Personal Leave day for the following
calendar year.
B. The City will credit employees with the Personal Leave every.January.Newly..hired
bargainintt.unitfnembers hired after the first of the year will also receive the Personal Leave-
whict1the employee maymse sixf6lfnonthsofter.1he.emplovee's initial,appointmentdate-
7,
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2.63" + 3.25"
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Not at 1.5" + 2.38" + 2.63" + 3.25"
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2.63" + 3.25"
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Not at 1.5" + 2.38" + 2.63" + 3.25'
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Formatted 5
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bullets or numbering, Tab stops: Not at 1.5" + 2.38" +
2.63" + 3.25"
Formatted ( g6
Formatted 42
City Proposal #4LL11-1-2023)
SECTION 5. Administrative Leave
Police Captains shall receive gightA§ hours Administrative L-eave per calendar year. Police
Lieutenants shall receive fifty-six (56) hours Administrative Leave per calendar year.
for calendar year 2023. twenty-eight (28) hours will be permitted to be carried over. The carry
over provision shall expire December 31, 2024, such that there will be no carry over from
calendar year 2024 to calendar year 2025.1hiS.leaYe ham no m
livaLue
r
Such hours are not eligible for pay out upon retirement or separation of employment
PECTIONA. Compensatory Time
.A. Maximum Accrual
A bank shall be established for the accumulation of compensatory time off, with a maximum
accrual of eighty (80) hours.
.B. Payment of Compensatory Time - Death of Employee
—In the event of an affected employee's death, earned, but not yet used Compensatory Time
shall be compensated in an amount equal to one -hundred percent (100%) of the value of
such compensatory time based upon the affected employee's regular rate of pay at the time
of death and shall be distributed to the affected employee's beneficiary.
,SECTION 7. Bereavement Leave With Pa
Jn the event of the death of an employee's -family member, as defined in Article 4. Section 2.
Subsection I- but excluding the -designated person." the City shall provide the employee three
(3) days paid bereavement leave and two (2) days of unpaid leave to be used with three (3)
months of the date of the death of the "family member."
Employees may elect to use other forms of paid leave that they have accumulated in order to
provide for their compensation while using the two (2) days of unpaid leave.
For employees who need to travel 500 or more miles from the City in order to attend services for -
the employee's family member. the City shall also provide two (2) additional days of paid
bereavement leave in lieu of the two (2) days of unpaid leave.
SECTION 8. Personal Emergency Leave - Use of Eligible Leaves
For affected employee's personal emergencies, that is, a serious illness of an family member"
as defined 1n Article 4. Section 2. Subsection I. and for cases of extreme and unusual hardship
or an emergency nature, affected employees, upon request, shall be entitled to utilize
accumulated vacation leave, compensatory time -off, or personal leave day/floating holiday, for
which prior notification is required; however, in certain instances, notification requirements may
be waived.
SECTION 9. Catastrophic Leave Program
1a
Deleted: I...(10-31(9-210 ., 97
Deleted: 4....
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Deleted: fifty-six ...56
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Formatted
Moved down [2]: This leave has no cash value and cannot
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C10
Moved (insertion) [2]
Deleted: a and cannot be carried over
Formatted
[lpe
Formatted
p
Deleted: Twenty-eight (26) hours of executive Admi
,,, 110E
Deleted: Q
Deleted: Q
Deleted: SECTION 5. Exceotional Leave Q
[10
Deleted: 6
Deleted:
Formatted
LIQ
Formatted
p
Deleted:
Deleted:
Deleted: Q
Formatted
[l l(
Formatted
[111
Formatted
[ll:
Formatted
[SS:
Formatted
r„ Luc
Formatted
Formatted
Deleted: A. Existing policy granting twenty-four (24 [lli
Formatted
Formatted
[11S
Deleted: immediate ...amily member' as defined in
l Deleted:' .„ T,211
Formatted 98
Cito Proposal #A( 11-1-2023) Deleted: I
Deleted: 10-31(9-210
A. Purpose
Deleted:
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To establish a program whereby City employees may donate accumulated time to a
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catastrophic sick leave bank to be used by permanent, part-time and full-time employees
Tab stops: Not at -0.75" + -0.5" + 0" + 0.25" + 0.5" +
who are incapacitated due to a catastrophic illness or injury.
0.75" + V + 1.25"
J3. Definition
Deleted:
A catastrophic illness or injury is a chronic or long term health condition that is incurable or
so serious that, if not treated, it would likely result in a long period of incapacity.
C. Procedures
I Deleted:
There is established a joint-employer/employee committee composed of an individual from
each recognized employee organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
Affected employees may transfer sick leave, vacation or compensatory leave to the
Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic
illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of
each year on forms provided by the City of El Segundo. The employee to receive the
donation will sign the "Request to Receive Donation" form allowing publication and
distribution of information regarding his/her situation.
Sick Leave, vacation and compensatory time leave donations will be made in increments of
not less than one (1) day. These will be hour for hour donations.
Affected employees must, at the time of donation, have a minimum of one hundred (1001
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hours of accumulated illness/injury leave remaining after a donation has been made.
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The donation of time is irrevocable. Should the recipient employee not use all of the donated
time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave
Bank to be administered by the committee and utilized for the next catastrophic leave
situation
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SECTION 10. Jury Duty
A_ The City will provide an employee who is required to report for jury duty or serve on a jury a
f Deleted: A. Provisions ¶
leave of absence covering such service.
l ¶
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B. Employee Notice Prior to reporting for jury duty the employee must provide written notice
of the expected jury duty to their supervisor as soon as possible. but in no case later than
fourteen 04)calendar days before the beginning of the jury duty
C. Documentation of Jury Duty The employee must provide documentation of their daily
attendance on iury duty
D. Paid Leave. During the first two (2) weeks of lure duty. an emplovee shall be entitled to
receive their regular compensation.
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'19
C'it% Proposal #-LQ 1-1-2023!
E. Unpaid Leave For any portion of jury duty that extends beyond two (2) weeks such
extended jury duty period shall be without regular pay, unless the employee elects to
use o a i d leave accruals for such time.
F. Reporting to Work. While on jury duty. in the event that the employee is relieved of
fury obligations for three (3) or more consecutive hours. the emDlovee must report to
work.
Employees relieved of jury duty for three (3) or more consecutive hours may elect to
use paid leave accrualsto take such time off from work provided the ernployee has
requested and received their supervisor's approval to do so
JARTICLE 5 — EMPLOYER -EMPLOYEE RELATIONS
SECTION 1. Management Rights
A. Except as limited by the specific and express terms of this MOU, the City hereby retains and
reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and
vested in it by the laws and the Constitution of the State of California and/or United States of
America.
B. The management and the direction of the work force of the City is vested exclusively in the
City, and nothing in this MOU is intended to circumscribe or modify the existing right of the
City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain
employees in positions within the City, subject to the rules and regulations of the City;
suspend or discharge employees for proper cause; maintain the efficiency of governmental
operations; relieve employees from duties because of lack of work; take action as may be
necessary to carry out the City's mission and services in emergencies; and to determine the
methods, means, and personnel by which the operations are to be carried out.
SECTION 2. Layoff Procedures
.A. 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 ;, designee. The City Manager shall recommend to the City Council each
classification to be affected by any such change.
J3. 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.
C. At -Will Employees
The City Manager retains the right to layoff or alter the work assignment of the following
employees at any time without notice or right of appeal: emergency employees, temporary
I?1
Deleted: I
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Deleted: Employees shall be entitled to a leave of absence
for Jury Duty, subject to compliance with all of the following
conditions:¶
The employee must provide written notice of the expected
Jury Duty to theirhis or her supervisor as soon as possible,
but in no case later than fourteen (14) days before the
beginning of Jury Duty (defined as the date on which the
employee is directed by jury summons to either commence
telephone contact with the jury administrator and/or appear in
court )¶
4
During the first two (2) weeks of Jury Duty, an employee shall
be entitled to receive theirhis or her regular compensation.¶
For any portion of Jury Duty that extends beyond the first two
(2) weeks, such extended Jury Duty period shall be without
pay unless, the employee presents written evidence that the
court estimated during voire dire that the trial would be of two
(2) or less weeks duration, or in the alternative the employee
presents written evidence that he/she advised the court that
City compensation was limited to two (2) weeks, that the
employee asked to be excused because of this hardship, and
the request was denied.¶
4
Any compensation for the first two (2) weeks of Jury Duty,
except travel reimbursement pay, must be deposited with the
Director of Human Resources ¶
9
While on Jury Duty, the employee must report to work during
any portion of a day that the employee is relieved of Jury Duty
for three (3) or more consecutive hours.¶
4
The employee must provide documentation of theirhis or her
daily attendance on Jury Duty
4
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stops: Not at -0.75" + -0.5" + 0.25" + 0.5" + 0.63" + 1"
+ 1.13" + 1.25' + 1.5" + 1.75" + 2" + 2.13" + 2.5" +
3" + 3.5" + 4" + 4.5" + 4.75" + 5" + 5.13" + 5.25'
Deleted:
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Formatted F.. 12z
Deleted:
Deleted: his or her
Deleted:
Deleted:
Deleted:
Deleted:
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s'
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City Proposal-';4.Ll 1-1-20231 Deleted:
Deleted: 10-31(9-210
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.
P. Procedures for Layoff Deleted:
A permanent employee in a classification affected by a reduction in force shall be laid off Deleted:
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 ('/:) time
from the date of hire with the City.
,E. Breaking Ties
In cases where two (2) or more employees have the same date of hire (i.e. equal seniority),
retention points for job performance shall be credited on the basis of the average of the
overall evaluation ratings for the last three (3) years, provided the last rating had been filed
more than thirty (30) days prior to the date of the layoff notice. Retention points are as
follows:
; : __Standard:.24 points
,Standard ,12 points
Below StandardLO points
In the event of a tie in seniority, the employee with the lowest average of retention points
shall be laid off first. In the event that one or more of the affected employees do not have
overall evaluation ratings for the last three (3) years on file, ties shall be broken by a coin
toss.
.F. 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.
G. Displacement Rights
1 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
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City Proposal #-Ld 1-1-2023
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the lower classification.
2. 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.
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J-I_Salary Placement;
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An employee who is assigned to a lower classification as a result of a displacement (bump)
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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
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the employee will be assigned a new salary anniversary date on the effective date of the
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appointment The employee shall, however, retain seniority while his/her name remains on
reemployment list or lists.
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The names of permanent employees who have been laid off under this section (including Formatted: Font: (Default) Arial, 11 pt
employees who have bumped down) shall be placed, in order of seniority from highest to
lowest, on a reemployment list for their classification or any lower classification for which the
employee is qualified by education and/or experience. Persons on such lists shall retain
eligibility for appointment therefrom for a period of three (3) years from the date their names
were placed on the list. As a vacancy within a classification or lower related classification
becomes available, the name appearing at the top of the list shall be offered the opportunity
to fill the vacancy. The name of an individual selected from the list to fill the vacancy who
refuses the reemployment offer without good cause 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.
,I. Letter of Layoff,
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The City shall provide all employees who were laid off from the City a service letter setting
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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
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the City stating the employee was reduced in status as a result of a layoff and is eligible for
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reemployment to the higher level position.
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.K. Rights on Reemployment
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If a person is reemployed by the City within three (3) years, the employee's seniority, sick
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vacation earnings shall also be reinstated to the extent that the employee did not receive
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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.
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An employee who 1) has not been provided a letter of layoff, per Section -: __shall be
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treated as if he/she had been terminated for disciplinary purposes and shall be permitted to
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appeal the decision per the Disciplinary Appeal Procedure; or 2) has not been provided
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proper bumping or displacement rights, may file an appeal to the Director of Human
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Z
City Proposal #-L(,I 1-1-2023�
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Resources,
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SECTION 3. POBR Limited Appeals
A. Provisions
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pursuant to the City of El Segundo Ordinance utilizing the Los Angeles County Civil Service
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Commission hearing process (Municipal Code § 1-6-16.)
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receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil
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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.
1. 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, a reduction in salary caused by a
reassignment resulting in a loss of incentive, specialty, assignment, bonus, or similar
pay, or a suspension for five (5) or less days, is entitled to an administrative appeal
only pursuant to this procedure. An officer shall not be entitled to appeal an action prior
to its imposition.
b. 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 Formatted: Font: (Default) Arial
seek modification or rejection of the written reprimand. There shall be no subpoenas Formatted: Font: (Default) Arial
.23
City Proposal #4.LI1-1-2023)
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.
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 otPunishment,
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.
f. The hearing shall be audio recorded.
g. The officer may be represented by a representative of their 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.
h. 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.
i. The hearing officer fees shall be equally borne by the City and the Association.
j. 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 4. Grievance Procedure
24
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Citv Proposal #4tJ 1-1-2023)
�4. Definition of Terms
1. Grievance,— A grievance is an allegation of a violation, misinterpretation or
misapplication of a specific written department or agency rule or regulation or a specific
provision of a MOU. A grievance is distinct from an appeal in that it is a violation,
misinterpretation or misapplication of a specific written department or agency rule and/or
policy or a specific provision of a MOU.
~Grievant;— A grievant is an employee or group of employees allegedly adversely affected
by an act of omission of the agency.
3. Day,— A day is a business day (Monday — Friday).
4. ,Immediate Supervisor— The first level supervisor of the grievant.
C. Time Limits
�1. Compliance and Flexibility,— With the written consent of both parties, the time limitation
for any step may be extended or shortened.
2. Calculation of Time Limits,— Time limits for the appeal provided in each level shall begin
the day following receipt or a written decision of appeal by the employee or employees,
3. Failure to Meet Timeliness,— Failure at any level of this procedure to communicate the
decision on a grievance by the City within the specified time limits shall permit lodging an
appeal at the next level of the procedure within the time allotted had the decision been
given. If the grievance is not processed by the grievant or grievants in accordance with
the time limits, the decision last made by the City shall be deemed final,
C. Procedure for Filing a Grievance
1. In filing a formal written grievance, the employee shall set forth the following information.
a. 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. What documents, witnesses or other evidence supports the grievants, position.
e. The remedy requested
P. Grievance Procedure
Grievances will be processed following the procedures set forth below.
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City Proposal #4LU I-1-2023)
1 ,Level I,— Within ten (10) days of the date the employee reasonable knew or should have
known of the incident giving rise to the grievance, the employee should make an effort to
resolve the grievance with the employee's immediate supervisor. The supervisor shall
hold discussions and attempt to resolve the grievance within five (5) days from the time
the employee meets with the supervisor to discuss the employees' grievance.
2. Level IL— In the event such efforts do not produce a mutually satisfactory resolution, the
grievant shall have ten (10) days to file a formal written grievance with the employee's
immediate supervisor after the fifteen (15) day time period provided in Level I. The
immediate supervisor shall, within five (5) days, provide a written response to the
grievant.
3. Level III,— If the formal written grievance is not resolved by the immediate supervisor, the
grievant may present the grievance in writing to the department head within five (5) days
of the written response from the immediate supervisor. The department head shall
respond in writing within ten (10) days.
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4. ,Level IV.— If the grievance is not resolved by the department head, the grievant may l Formatted: Font: (Default) Arial, 11 pt, No underline
present the grievance in writing to the City Manager within five (5) days of the Formatted: Font: (Default) Arial, 11 pt
Department Head's written response. The City Manager or his/her designee will conduct
an informal hearing and render a decision. Each party shall have the right to present
witnesses and evidence at the hearing. The conclusions and findings of this hearing
shall be final.
€. Matters Excluded From the Grievance Procedure
1. The grievance procedure cannot be used for the purpose of resolving complaints,
requests or changes in wages, work hours or working conditions.
2. The grievance procedure cannot be used to challenge employee evaluations or
performance reviews.
3. The grievance procedure cannot be used to challenge the merits of a reclassification,
lay-off, transfer, denial of reinstatement, or denial of a step or merit increase.
4. The grievance procedure cannot be used in cases of reduction in pay, demotion,
suspensions or a termination which are subject to the formal appeal process outlined in
Ordinance 586.
.F. Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a
conference at any level of the grievance procedure.
SECTION 5. No -Strike Clause
A. The El Segundo Police Managers' Association agrees that during the term of this MOU their
members employed by the City of El Segundo will not strike or engage in any work stoppage
or slowdown, engage in any concerted failure to report for duty, or fail to perform their duties
in whole or in part for the purpose of inducing, influencing, or coercing a change in the
conditions, or compensation, or the rights, privileges, or obligations of employment.
.26
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+ -0.5" + 0" + 0.25" + 0.5" + 0.75" + 1" + 1.5" + 1.75"
+ 2" + 2.31" + 2.5" + 3" + 3.25"
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City Proposal 44.sl 1-1-2023) l Deleted: I
Deleted: 10-31(9-210
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly,
other employees to honor an existing picket line in the performance of their normal and
customary duties as employees.
C. It is understood that any affected employee violating this provision may be subject to
discipline up to and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to
withdraw any rights, privileges or services provided for in this MOU or in City policy from any
affected employee and/or the Association.
AECTION 6. Binding Arbitration Deleted: ¶
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A. Civil Claims. Formatted: Font: (Default) Arial, 11 pt, No underline
Both the City and employees covered by this Memorandum of Understanding agree that the
claims described in this Article shall be submitted to and determined exclusively by binding Formatted: Font: (Default) Arial, 11 pt
arbitration under the Federal Arbitration Act, in conformity with the procedures of the
California Arbitration Act ("CAA") (Cal. Code Civ. Proc. Sec 1280 et. seq, including section
1283.05 and all of the CAA's other mandatory and permissive rights to discovery). Nothing
in this Memorandum of Understanding shall prevent either party from obtaining provisional
remedies to the extent permitted by Code of Civil Procedure Section 1281.8 either before
the commencement of or during the arbitration process. All rules of pleading, (including the
right of demurrer), all rules and judgment under Code of Civil Procedure Section 631.8 shall
apply and be observed. Resolution of the dispute shall be based solely upon the law
governing the claims and defenses pleaded.
The civil claims which are subject to final and binding arbitration shall include, but not be Deleted: 1.
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 VI of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the
Family and Medical Leave Act, and claims for discrimination and harassment in
employment on the basis of race, age, sex, religion, national origin, alienage, religion,
marital status, sexual orientation, disability, political activity, or any other statutorily -
protected basis. It shall also include any and all claims an employee may have under the
Fair Labor Standards Act, the California Labor Code, and the Industrial Welfare
Commission Wage Orders, as well as any other state and federal statutes. This Article
3.22 is further intended to apply to any claim Employee(s) may have against the City
and/or any of its directors, employees, or agents, and to any and all past and future
employment relationships Employee may have with the City regardless of job position or
title. City shall also arbitrate all claims it has against the employee under the same rules
and regulations set forth herein. Formatted: Font: (Default) Anal
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?7
Citv Proposal #4 L11-1-2023I Deleted: 1
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2._,Notwithstanding the provisions of this Article, employees covered by this Memorandum Deleted: 2.
of Understanding may elect to file a claim for workers' compensation and unemployment
insurance benefits with the appropriate state agencies, and administrative charges with
the Equal Employment Opportunity Commission, California Department of Fair
Employment and Housing, and any similar state agency. Unless otherwise required by
applicable law, all other employment -related claims shall be resolved by final and
binding arbitration and not by a jury in a court of law.
To the fullest extent permitted by law, employees covered by this Memorandum of Deleted: 3.
Understanding agree that they shall not join or consolidate claims submitted for
arbitration pursuant to this Article with those of any other persons, and that no form of
class, collective, or representative action shall be maintained without the mutual consent
of the parties. Any dispute over the validity, effect, or enforceability of the provisions of
this paragraph, including whether the arbitration may proceed as class, collective, or
representative action, shall be for a court of law and not an arbitrator to decide.
4 The City shall bear the costs of any arbitration conducted pursuant to this Article,
including the compensation of the Arbitrator, all administrative expenses, and CSR
transcripts. Except as may otherwise be required by law, the parties shall be
responsible for their own attorneys' fees and costs incurred in presenting their case to
the Arbitrator. The Arbitrator shall, ende,a written award within 30 days after the matter
is submitted for determination, and the award of the arbitrator shall be final and binding
on the City, the Association and the employee,
.5 ,The arbitration shall be held before a single arbitrator, who shall be an attorney at law
and an experienced employment law arbitrator. The arbitrator shall be mutually selected
by the parties. The Arbitrator shall have the power to award all legal relief available in a
court of law, including any and all damages that may be available for any of the claims
asserted. In addition, each of the parties shall retain all defenses that they would have
in a judicial proceeding, including defenses based on the expiration of the statute of
limitations and that the damages being sought are not authorized or are excessive.
B. Appeal of Discipline
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The Parties understand that employees covered by this Memorandum of Understanding are- Formatted: Indent: First line: 0"
entitled to disciplinary appeal procedures under the City's Personnel Merit System
Administrative Code. Under Administrative Code Section 1-6-8, employees have the right to
have the Los Angeles County Civil Service Commission hear appeals from dismissal, demotion,
and suspensions for a period of six (6) days or longer. The Parties agree that an employee
covered by this Memorandum of Understanding may opt to have these disciplinary actions be
submitted to binding and final arbitration.
1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor
and employment law arbitrator. The parties shall select an arbitrator from a list of seven
arbitrators provided by the State Mediation and Conciliation Service. If the parties are
unable to reach an agreement in the selection of a hearing officer, each shall strike names
from the list until a final name is selected as the Arbitrator.
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court
reporter is requested by the parties. The parties shall be responsible for their own
attorneys' fees and costs incurred in presenting their case to the Arbitrator.
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§.
City Proposal #4 LI 1-1-2023)
3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.B,
shall be for a court of law and not an arbitrator to decide.
4. Under this Section B, the Arbitrator's authority will be limited to determining: Whether the
City has satisfied the seven tests of just cause; and, if not, what is the appropriate remedy.
The Arbitrator shall render a written award within 30 days after the matter is submitted for
determination, and the award of the arbitrator shall be final and binding on the City, the
Association and the employee. The Arbitrator may not increase the level of discipline.
5. At least ten business days before the scheduled arbitration, the parties shall exchange the
following information: (i) a list of all witnesses each party intends to call during its case-
in -chief; and (ii) copies of all documents each party intends to introduce during its case-
in -chief.
C. Contract Interpretation Disputes
The Parties agree that any grievance filed under Article 28 of this Memorandum of
Understanding that is an allegation of a violation, misinterpretation, or misapplication of this
MOU, shall be subject to final and binding arbitration. The Association must file a written request
for final and binding arbitration within ten (10) days of receipt of the City's response at Level IV.
1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor
and employment law arbitrator. The parties shall select an arbitrator from a list of seven
arbitrators provided by the State Mediation and Conciliation Service. If the parties are
unable to reach an agreement in the selection of a hearing officer, each shall strike names
from the list until a final name is selected as the Arbitrator.
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court
reporter is requested by the parties. The parties shall be responsible for their own
attorneys' fees and costs incurred in presenting their case to the Arbitrator.
3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.C,
shall be for a court of law and not an arbitrator to decide.
4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of
Understanding and the Arbitrator has no authority to add to, subtract from, or modify the
Memorandum of Understanding in any way. The Arbitrator shall have the authority to
determine questions of arbitrability of contract interpretation disputes. The Arbitrator shall
render a written award within 30 days after the matter is submitted for determination, and
the award of the arbitrator shall be final and binding on the City, the Association and the
employee.
5. At least ten business days before the scheduled arbitration, the parties shall exchange the
following information: (i) a list of all witnesses each party intends to call during its case-
in -chief; and (ii) copies of all documents each party intends to introduce during its case-
in -chief.
D. This Article 33 is entered into under the California Arbitration Act and the Meyers-Milias-Brown-
Act, and shall be interpreted and construed in accordance with the law and procedures
developed under those respective statutes
,ARTICLE 6 — OTHER PROVISIONS
SECTION 1. Completion of Meeting and Negotiating
?9
Deleted: I �
Deleted: 10-31(9-210
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Deleted: ¶
I
I
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Deleted: I
SECTION 1. Policies¶
I
A. Occupational Injury and Illness Policy¶
I
The parties have agreed upon an Occupational Injury
and Illness Policy, dated July 22, 20031
I
B. Disability Retirement Policyl
I
The parties have agreed upon a Disability Retirement
Policy dated May 20101
I
C. Fitness for Duty Policyl
I
The parties have agreed upon a Fitness for Duty
Policy, dated July 3, 2003.1
I
D. Substance Abuse Policy and Drug -Free
Workplace Statementl
Tlhe parties have agreed upon a Substance Abuse Policy
and Drug -Free Workplace Statement dated, July 1, 2008.1
Deleted: 2
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I Formatted: Font: (Default) Arial )
City Proposal .14,Ll 1-1-2023) Deleted: I
Deleted: 10-31(9-210
,A. This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties I Deleted:
regarding terms and conditions of employment. Therefore, for the life of this MOU, neither
party shall be compelled to meet and confer with the other party concerning any mandatory
meet and confer issue which is covered by this MOU.
,B. The wages, hours, benefits and other terms and conditions of employment covered by this Deleted:
MOU, including those wages, hours, benefits and other terms and conditions of employment
in existence and spelled out by the City's Personnel Rules, Administrative Code and other
Ordinances and Resolutions approved by the City Council prior to this MOU, although not
specifically referred to by this MOU, shall constitute the wages, hours, benefits and other
terms and conditions of employment for the term of this MOU.
C. pisagreements involving the interpretation and application of this section will be resolved by
accessing the Association's Grievance Policy at Level IV (City Manager).
SECTION,2. Re -Openers
The parties agree that during the term of this MOU, they shall re -open the agreement to discuss
the following items:
Modifications to the Administrative Cod-
2. jEmployee Evaluation Program
,SECTION 2. Savings Clause
If any provision or the application of any provision of this MOU shall be rendered or declared
invalid by any final court action or decree, or by reason of any preemptive legislation, the
remaining sections of this MOU shall remain in full force and effect for the duration of said MOU.
SECTION 4. Association Dues Deduction
The City shall deduct dues on a regular payroll basis from the pay of Association members.
Such deductions shall be authorized in writing on a form approved and provided by the
Association for this purpose
The membership forms shall be retained by the Association. Th City shall rely on a
certification from the Association for the authorization. modification or cancellation of any
dues deductions. The City shall remit such funds to the Association within 30 days following
their deduction.
The City shall rely on a certification from the Association requesting a deduction or reduction
that they have and will maintain an authorization. signed by the individual from whose salary
or wages the deduction or reduction is to be made. The Association shall not be required to
provide a copy of an individual authorization to the City unless a dispute arises about the
existence or terms of the authorization. The Association shall indemnify the City for any
claims made by the employee for deductions made in reliance on that certification.
The City shall direct all employee requests to cancel or change deductions to the Association
30
Deleted:
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Deleted: ¶
Deleted: 5
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C'itv Proposal LLI1-1-_'0231
The City shall rely on information provided by the Association regarding whether deductions
for Association membership were properly canceled or chanoed. and the Association shall
indemnify the City for any claims made by the employee for deductions made in reliance on
that information. Deductions may be revoked only pursuant to the terms of the employee's
written authorization. Association Bylaws and this Agreement.
The City shall not deter or discourage employees or applicants for employment from becoming
or remaining members of the Association. or from authorizing representation by the
Associationsm or from authorizina dues or fee deductions to the Association.
SECTIONA. Non -Discrimination
Neither the. Citv nor lhe. Hssociation. shall. discriminate. againstany, employee. because, otface.
color. age. religion creed national origin. ancestry, sex. gender. sexual orientation. medicat
condition, genetic information, Inarital status any other protected category under the law as
well as Association activities in any.matter_
Signed by the City:
Darrell George
City Manager
Signed by the Association
Aaron Corkin s Lieutenant
president
Rebecca Redvk Ryan Danowitz Captalrt
Director of Human Resources Vice President
Dana Han q Huao Perez. Captain
Human Resources Manager
Date
31.
Date
Deleted: 1...(10-31(9-210 112611
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Deleted: The City agrees to:¶
9
A. Provide official dues deductions for all affected employees
who subscribe to Association membership;¶
9
Provide official payroll deductions for City -approved
Association insurance and welfare plans, not to exceed five
programs ¶
During the term of this Agreement, the parties agree to re-
open this section to discuss compliance with Janus and
SB866.
Deleted: 6
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Deleted: A. The Association and the City recognize and
agree to protect the rights of all affected employees to join
and/or participate in protected Association activities or to
refrain from joining or participating in Association activities.¶
B. The Association and the City agree that they shall not
illegally discriminate against any employee because of race,
color, sex, age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal
employment opportunities for all employees The Association
and the City shall reopen any provision of this MOU for the
purpose of complying with any final order of a Federal or State
agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this
MOU in compliance with State or Federal anti -discrimination
laws.¶
Deleted: Scott Mitnick .. Aaron CorkinsJaime
Bermudez... LieutenantCaptain f1291
Deleted: PMA
Deleted: David Serrano .. Ryan DanowitzRay
Garcia... CaptainLieutenant .. 130
Deleted: PMA
Deleted: ¶
Joe Lillio¶
Director of Finance¶
9
Deleted: Lauren Daniels
Deleted: ¶
Dana Hang'
Senior Human Resources Analyst¶
Formatted —.1-127-11
12
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RESOLUTION NO.
A RESOLUTION APPROVING AND ADOPTING THE
MEMORANDUM OR UNDERSTANDING BETWEEN THE
CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE
MANGERS' ASSOCIATION BARGAINING UNIT
The City Council of the City of El Segundo does hereby resolve as follows:
SECTION 1: The City of El Segundo ("City") previously entered into a memorandum of
understanding ("MOU") with The El Segundo Police Managers' Association ("PMA"), a
recognized employee organization, for the term of October 1, 2023 to June 30, 2026.
SECTION 2: Representatives from the City and PMA met and conferred in good faith to
reach an agreement on wages, benefits, and other terms and conditions of employment,
which are memorialized in the MOU between the City and PMA attached hereto as
"Exhibit A" and incorporate herein by this reference.
SECTION 3: The PMA ratified said agreement on November 2, 2023.
SECTION 4: Staff is authorized to implement all terms and conditions of the MOU
between the City and PMA.
SECTION 5: 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 6: This Resolution will become effective immediately and will remain effective
unless repealed or superseded.
PASSED AND ADOPTED RESOLUTION NO. this 7th day of November, 2023.
Drew Boyles,
Mayor
Exhibit A - PMA MOU October 1, 2023 to June 30, 2026
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
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. was duly passed and adopted by said City Council, approved and
signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said
Council held on the day of , 2023, and the same was so passed and adopted
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
MEMORANDUM OF UNDERSTANDING
I:1:11 CW►1*4ilk 1
THE CITY OF EL SEGUNDO
EL SEGUNDO POLICE MANAGERS'
ASSOCIATION
Term: October 1, 2023 through June 30, 2026
PMA MOU
TABLE OF CONTENTS
ARTICLE I- INTRODUCTION
SECTION1- Preamble........................................................................................................................1
SECTION2- Term...............................................................................................................................1
ARTICLE 2- COMPENSATION
SECTION 1- Compensation Adjustments........................................................................................1
SECTION2- Retention Bonus...........................................................................................................2
SECTION 3- One -Time Lump Sum Payment....................................................................................2
SECTION 4- Salary Schedule Calculation Methodology.................................................................2
SECTION 5- Salary Table Step Advancement..................................................................................2
SECTION 6- Step Advancement- Accelerated.................................................................................. 2
SECTION 7- Notice Requirement to Withhold Step Increase......................................................... 3
SECTION 8- Compaction- Statement of Intent................................................................................. 3
SECTION 9- Payroll Direct Deposit...................................................................................................3
SECTION 10- Salary Differential Upon Promotion........................................................................... 3
SECTION 11- Temporary Service in a Higher Classification/Acting Pay.......................................4
SECTION 12- Educational Incentive Pay..........................................................................................4
SECTION 13- Marksmanship Pay......................................................................................................4
SECTION 14- Uniforms and Safety Equipment................................................................................5
SECTION 15- Overtime Compensation............................................................................................ 5
SECTION 16- Regular Rate of Pay Defined....................................................................................... 5
ARTICLE 3- BENEFITS
SECTION1- Health Insurance............................................................................................................6
SECTION 2- Dental, Vision, and Life Insurance................................................................................7
SECTION 3- Dental and Vision- Retired Employees.......................................................................7
SECTION 4- Employee Assistance Program(EAP)..........................................................................8
PMA MOU
TABLE OF CONTENTS
SECTION 5- Medical Insurance Continuation- On Duty Death........................................................8
SECTION 6- Flexible Spending Account..........................................................................................8
SECTION 7- Retirement Benefits....................................................................................................... 8
SECTION 8- Deferred Compensation..............................................................................................10
SECTION 9- Tuition and Book Reimbursement Program.............................................................10
SECTION 10- Physical Fitness Incentive Program.........................................................................12
SECTION 11- Comprehensive Medical Examination......................................................................13
ARTICLE 4- LEAVES AND ABSENCES
SECTION1- Vacation Leave.............................................................................................................13
SECTION2- Sick Leave...................................................................................................................16
SECTION 3- Holiday Leave...............................................................................................................17
SECTION 4- Personal Leave Day....................................................................................................17
SECTION 5- Administrative Leave...................................................................................................18
SECTION 6- Compensatory Time....................................................................................................18
SECTION 7- Bereavement Leave With Pay.....................................................................................18
SECTION 8- Personal Emergency Leave- Use of Eligible Leaves................................................19
SECTION 9- Catastrophic Leave Program......................................................................................19
SECTION10- Jury Duty....................................................................................................................19
ARTICLE 5- EMPLOYEE -EMPLOYER RELATIONS
SECTION 1- Management Rights.....................................................................................................
20
SECTION 2- Layoff Procedures.......................................................................................................20
SECTION 3- POBAR Limited Appeals.............................................................................................23
SECTION 4- Grievance Procedure...................................................................................................
25
SECTION 5- No -Strike Clause..........................................................................................................
27
SECTION6- Binding Arbitration......................................................................................................
27
PMA MOU
TABLE OF CONTENTS
ARTICLE 6- OTHER PROVISIONS
SECTION 1- Completion of Meeting and Negotiating.................................................................... 30
SECTION2- Re-Openers................................................................................................................... 30
SECTION 3- Savings Clause............................................................................................................ 30
SECTION 4- Association Dues Deduction...................................................................................... 30
SECTION 5- Non-Discrimination......................................................................................................31
MEMORANDUM OF UNDERSTANDING ("MOU")
BETWEEN
THE CITY OF EL SEGUNDO ("CITY")
AND
EL SEGUNDO POLICE MANAGERS' ASSOCIATION ("PMA")
ARTICLE 1 - INTRODUCTION
SECTION 1. Preamble
This Memorandum of Understanding (MOU) is entered into with reference to the following:
A. The El Segundo Police Managers' Association (hereinafter referred to as the "Association") is
the exclusively recognized employee organization for all personnel employed by the City of El
Segundo (hereinafter referred to as "City") in the unit of representation including the following
classifications and positions (hereinafter referred to as "affected employees"): Police
Lieutenant and Police Captain. During the life of this agreement, such exclusive recognition
may only be modified pursuant to the provisions of City Resolution No. 3208.
B. In the interest of maintaining harmonious relations between the City and the affected
employees, authorized representatives of the City Council of City and the Association have
met and conferred in good faith, exchanging various proposals concerning wages, hours and
the terms and conditions of employment of affected employees within the lawful scope of
representation of Association pursuant to California Government Code Sections 3500 et. seq.
and City Resolution Number 3208.
C. The authorized representatives of the City Council of City and the Association have reached
a mutual agreement as to certain wages, hours and other terms and conditions of employment
of the affected employees, this memorandum of which shall be submitted to the City Council
of City for its consideration and if adopted, for implementation of its terms and conditions by
appropriate ordinance, resolution or other lawful action. This MOU is a comprehensive
statement of agreed -upon wages, hours and other terms and conditions of employment.
D. Unless otherwise provided for herein, all terms and conditions described herein shall be
effective upon adoption of the MOU by the City Council.
SECTION 2. Term
The term of this MOU shall be October 1, 2023 through June 30, 2026.
ARTICLE 2 - COMPENSATION
SECTION 1. Compensation Adjustments
The City shall provide the following salary increases to employees, per Appendix A:
1. Effective the first full pay period following the adoption of this Agreement: Increase base
salary by seven percent (7.00%);
PMA MOU
October 1, 2023 through June 30, 2026
2. Effective the first full pay period that includes July 1, 2024: Increase base salary by three
percent (3.00%); and
3. Effective the first full pay period that includes July 1, 2025: Increase base salary by three
percent (3.00%)
These salary adjustments are to take in alignment with the CalPERS payment pickup identified
in Article 3, Section 7-13.
SECTION 2. Retention Bonus
The City shall provide a one-time retention bonus in the amount of $3,750 to each employee in
the bargaining unit who is employed by the City upon approval and adoption of the MOU.
The City shall provide the bonus in the first full pay period following the date provided above.
SECTION 3. One -Time Lump Sum Payment
The City shall provide a one-time lump sum non-PERSable payment of forty (40) hours to each
employee in the bargaining unit upon approval and adoption of the MOU in exchange for the
removal and elimination of "Exceptional Leave" from this MOU. The lump sum payment shall be
paid at the base hourly wage once the initial "Compensation Adjustment" as set forth above
(Article 2, Section 1) has been applied, and ranges from approximately $3,600 to $4,645.
SECTION 4. Salary Schedule Calculation Methodology
An affected employee's regular rate of pay is calculated in dollars and cents rounded to two (2)
decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the
specific and proportional percent differences between salary ranges and salary steps previously
approved by the City.
SECTION 5. Salary Table Step Advancement
The advancement of an employee from one step to the next shall occur on the beginning of
the pay period immediately after completion of one (1) year's satisfactory service in each of such
classification.
SECTION 6. Step Advancement —Accelerated
Accelerated salary step advancement is intended to recognize employees whose job
performance is exemplary and consistently exceeds normal expectations for their current step.
Prior to an employee completing one (1) year of service at their current step, a n employee whose
performance is exemplary and consistently exceeds normal expectations for their current step
may be eligible to receive accelerated salary step advancement to the next higher salary step,
so long as the employee has not yet reached the top step of their salary range and the next
salary step provides no more than a five percent (5%) increase over their base salary at their
current step.
In order to be eligible for accelerated salary step advancement, the Police Chief must
recommend to the Director of Human Resources for approval by the City Manager.
2
PMA MOU
October 1, 2023 through June 30, 2026
The Police Chief shall submit the form to the Director of Human Resources, stating their
recommendation.
The Director of Human Resources shall submit the form to the City Manager, indicating whether
the recommendation conforms to the City-wide criteria for accelerated step advancement.
The City Manager shall make the final decision whether to approve the employee's accelerated
salary step advancement.
An employee may receive more than one accelerated salary step advancement within a twelve
(12) month period of time, subject to the requirements provided for in this section.
An accelerated salary step advancement shall not change the affected employee's anniversary
date.
SECTION 7. Notice Reauirement to Withhold Step Increase
The City shall have the option during or after the term of this MOU to provide affected employees
written notice of the intent to withhold a salary step increase and the reasons for same no later
than the end of the pay period which begins after the affected employee's anniversary date.
SECTION 8. Compaction — Statement of Intent
The City strives to compensate affected employees to a reasonable level above the classification
they supervise. Additionally, the City strives to compensate Captains at a reasonable level above
Lieutenants. Typically, a difference of five percent (5%) is targeted, with the specific percentage
determined by internal and external comparability data, City finances, and other labor relations
factors and consideration.
SECTION 9. Payroll Direct Deposit
Payroll is distributed bi-weekly (Le., 26 times per year).
The City shall electronically deposit employees' paychecks directly into a savings or checking
account designated by the employees.
Employees shall be responsible for providing the Finance Department with the correct transit
routing and account information.
Additional Compensation
SECTION 10. Salary Differential Upon Promotion
In all cases where an affected employee is promoted to a classification covered by this MOU for
which a higher rate of compensation is provided, then such employee shall receive the lowest
rate of compensation which exceeds by not less than five percent (5%) the base rate
of compensation, including longevity, educational incentive, special assignment, and
bilingual pay received by the employee in the lower classification at the time of their
promotion.
3
PMA MOU
October 1, 2023 through June 30, 2026
All supervisors shall be paid a higher base salary than any of their regularly assigned
subordinates (inclusive of longevity, educational incentive, special assignment, and bilingual
pay).
In the event that a supervisor is paid a base salary equal to or lower than one of their
regularly assigned subordinate's base salary, the supervisor shall be granted a higher
base salary (inclusive of longevity, educational incentive, special assignment, and
bilingual pay) even if the supervisor's new base salary is not the same as an existing pay step
in the Salary Schedule. Notwithstanding the above, the supervisor's salary shall not exceed
the salary range for which they are eligible by length of service and performance.
SECTION 11. Temporary Service in a Higher Classification/Acting Pay
Where an affected employee is qualified for and is required for an appreciable period of time
to serve temporarily in and have the responsibility for work in a higher class or position,
when approved by the City Manager, such affected employee, while so assigned, shall
receive the entrance salary rate of that class or whatever step thereof that is not less than five
percent (5%) above their present rate, whichever is higher.
For the purpose of this section, "appreciable period of time" is defined as ten (10) consecutive
working days, or eight (8) working days if on four/ten (4/10) plan, or longer. The acting pay
shall retroactively commence to the first day of the acting assignment.
SECTION 12. Educational Incentive
Effective upon approval and adoption of the MOU, affected employees holding a Master's
degree shall be eligible for educational incentive compensation to be paid per pay period as
follows:
1. Police Lieutenants: $500.00
2. Police Captains: $750.00
The parties are of the opinion that Educational Incentive Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the validity
of that opinion and does not warrant its validity
SECTION 13. Marksmanship Pay
A. Affected employees will receive their regular rate of pay for meeting the following firearms
standards:
Class Pay for Proficiency per Quarter (3 Calendar Months)
Distinguished Expert
8 hours of pay
Expert
6 hours of pay
Sharpshooter
4 hours of pay
Marksman
0 hours of pay
B. The parties are of the opinion that Marksmanship Pay qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
4
PMA MOU
October 1, 2023 through June 30, 2026
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
C. Payment of Marksmanship Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Marksmanship
Pay shall be compensated in an amount equal to one hundred percent (100%) of the value of
such marksmanship pay based upon the affected employee's regular rate of pay at the time
of death and shall be distributed to the affected employee's beneficiary.
SECTION 14. Uniforms and Safety Equipment
A. Provision of Uniforms and Safety Equipment
The City shall provide the required uniforms and safety equipment to affected employees.
For the purposes of this article, safety equipment shall include a weapon selected by the
Police Chief.
B. Uniform Allowance
Patrol lieutenants shall receive $53 per month of active duty. Non -patrol Lieutenants and
Captains shall receive $40 per month of active duty.
The parties are of the opinion that Uniform Allowance qualifies as compensation earnable
pursuant to Section 20636 of the California Government Code and Section 571(a)(1) of the
California Code of Regulations. However, the City makes no representation of law as the
validity of that opinion and does not warrant its validity.
C. The uniform allowance shall be non-PERSable for employees who are not "classic" members
as defined by the Public Employees' Pension Reform Act of 2013 ("PEPRA").
SECTION 15. Overtime Compensation
Police Lieutenants shall be paid time and one-half of their regular rate of pay for time worked on
a shift basis in excess of their regular work shift, in any one day or more than forty (40) hours per
week, excluding hours worked involving hold -over for non -shift work and work due to staff
meetings or training.
Police Captains are expressly excluded from the receipt of contractual overtime.
SECTION 16. Regular Rate of Pay Defined
A. The "regular rate of pay" is the hourly rate that includes all remunerations paid to or on behalf
of the employee, including Educational Incentive Pay and the City -paid CalPERS Employer
Paid Member Contribution, but not gifts, travel expenses, other reimbursable expenses,
payments not mandated by the MOU or other rules/regulations, retirement and insurance
contributions by the City, overtime and holiday pay. Use of the term "regular rate of pay" is not
intended by any party to create overtime eligibility unless specifically provided for in this MOU.
5
PMA MOU
October 1, 2023 through June 30, 2026
B Affected employees shall be paid their regular rate of pay for the following:
1. Overtime.
2. Holiday Pay.
3. Earned Compensatory Time Sell Back.
4. Physical Fitness Incentive Program Pay.
5. Accrued and unused vacation upon separation of employment or death.
6. Marksmanship Pay.
ARTICLE 3 - BENEFITS
SECTION 1. Health Insurance
A. Health Insurance Coverage: Employees receive coverage under a Public Employees'
Medical and Hospital Care Act ("PEMHCA") plan administered by the Public Employees'
Retirement System ("PERS").
Employees who elect to be covered under such plan may choose between Health
Maintenance Organization ("HMO") and indemnity medical coverage plans.
B. City Health Contribution: The City will contribute both the minimum amount required under
Government Code section 22892 and a supplemental amount under PEMHCA to cover
certain costs associated with the premiums associated with the coverage for the employee
and their eligible dependent(s)' medical costs.
The City's maximum contributions shall be as follows:
1. Effective January 1, 2024, the City will contribute $1,750 per member per month for
employee health insurance coverage;
2. Effective January 1, 2025, the City will contribute $1,800 per member per month for
employee health insurance coverage; and
3. Effective January 1, 2026, the City will contribute $1,850 per member per month for
employee health insurance coverage; and
Should the City and POA reach agreement to increase the maximum monthly contribution
during the period covered by this MOU, PMA members will receive the same increase.
An employee shall be responsible for any employee premium amount that exceeds the City
contribution amount described above. The City will deduct such amount from the employee's
paycheck through a pre-tax payroll deduction.
The City no longer provides employees who opt out of health coverage under the City plan the
option to receive cash in lieu of such coverage.
PMA MOU
October 1, 2023 through June 30, 2026
SECTION 2. Dental, Vision and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, vision and life insurance for
affected employees and eligible dependents.
A. Selection of the vision insurance plan carrier shall be made by the City.
B. The City reserves the right to determine the dental insurance carrier with whom the City will
contract for coverage; however, the City agrees to consult with affected employees through
the insurance committee and consider all suggestions and presentations on the insurance
plan to be purchased.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. The City will provide affected employees with $50,000 of life insurance at City cost. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage. Additional insurance coverage for the affected employee (up to $100,000 maximum
coverage) and for family members may be purchased at group rates, to the extent authorized
by the carrier.
SECTION 3. Dental and Vision — Retired Employees
A. Upon retirement, an employee and their spouse, registered domestic partner, and/or eligible
dependents 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.
B. In order to be eligible to be covered by such plans, the retiring employee and their spouse,
registered domestic partner, and/or eligible dependents, must be actively enrolled in the
plan(s) under which they are seeking continued coverage.
C. If, upon retirement, the employee declines continued coverage under either plan, they may
not enroll at a later time.
D. 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 she be responsible for full payment of the associated
insurance premiums.
E. 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.
7
PMA MOU
October 1, 2023 through June 30, 2026
SECTION 4. Employee Assistance Program (EAP)
The City provides employees and immediate family members' confidential assistance, referrals,
and counseling through EAP. The program is designed to provide professional assistance and
support to help employees and their families resolve problems that affect or may affect their
personal or professional lives.
The City shall provide the basic level of EAP service to employees at the cost incurred by the
City for participation in such program.
Basic level includes three (3) sessions per member per incident per year.
SECTION 5. Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an affected employee has died as a direct and proximate result of the
performance of duties in the course and scope of their employment, then the City shall
continue to make group medical premium payments on behalf of the surviving spouse until
age 65, Medicare eligibility, whichever comes first, and to the children of the deceased
affected employee until age 18. Said medical premium payments on behalf of the children of
a deceased affected employee shall continue if, at age 18, the child commences uninterrupted
college enrollment, but not to exceed the age of 23.
B. The City contributions for health insurance premiums described herein shall be in an amount
required to fund the level of medical insurance benefits which the deceased affected employee
was receiving at the time of their death. For example, if at the time of death, the affected
employee was enrolled in a specific HMO Plan, then future premium payments made pursuant
to this article shall be in an amount required to maintain comparable plan benefits.
C. City funded premiums shall be subject to the monthly limitation in Article 3, Section 1,
Subsection B.
SECTION 6. Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
Each employee of the Association is eligible to participate in this voluntary program.
The Flexible Spending Account allows for payment of employee paid insurance premiums, non -
reimbursed medical expenses and/or dependent care expenses with pre-tax dollars.
SECTION 7. Retirement Benefits
A. PERS Retirement Formula
Tier I - The City has implemented the 3%@50 PERS retirement formula for all affected
employees.
2. Tier II - The City shall amend its contract with the Public Employees' Retirement System
to implement the 3%@55 retirement formula, in accordance with Government Code
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Section 21363.1, for unit employees hired on or after the effective date of the PERS
contract amendment.
3. Tier III -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 AB340.
B. PERS Payment Pick -Up
1. Employees who are "classic" members as defined by the Public Employees' Pension
Reform Act of 2013 ("PEPRA") shall pay their twelve percent (12%) employee contribution
to CalPERS effective on the following schedule:
a. Three percent (3%) in the first pay period following the City Council's adoption of the
MOU, which occurred on November 19, 2019;
b. An additional three percent (3%) effective the pay period that includes October 1,
2020;
c. An additional three percent (3%) effective the pay period that includes October 1,
2021; and
d. An additional three percent (3%) effective the pay period that includes October 1,
2022.
2. The City shall continue to pay and report the value of Employer -Paid Member
Contributions ("EPMC") "as compensation earnable" for "Classic" members as follows:
a. Nine percent (9%) in the first pay period following the City Council's adoption of the
MOU, which occurred on November 19, 2019;
b. Six percent (6%) in the pay period that includes October 1, 2020;
c. Three percent (3%) in the pay period that includes October 1, 2021; and
a. Zero percent (0%) in the pay period that includes October 1, 2022.
C. Optional PERS Contract Provisions
1. The City shall provide "Level 4" 1959 Survivors Benefits.
2. The City shall provide the Single Highest Year formula for "Classic" members.
3. The City shall provide the Military Service credit as public service option.
4. The City shall provide the Pre -Retirement Option 2W Death Benefit.
D. 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 to participate in the City's group
insurance programs and the right to receive a contribution toward medical insurance as set
forth in Section E.
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E. Retiree Health Insurance Contribution Program
Effective January 1, 2020, the City will contribute to a retiree health insurance contribution
program for retirees who participate in the Public Employees' Medical and Hospital Care
Program ("PEMHCA").
The program will provide for the following maximum contribution: Average dollar cost of the
premium for an employee and two (2) or more dependents for the HMO's available to active
employees under PEMHCA and no greater than the maximum City contribution made on
behalf of active employees.
SECTION 8. Deferred Compensation
A. Deferred Compensation Plan (457)
A deferred compensation plan has been established as a benefit to affected employees. Each
affected employee is eligible to participate in the plan.
B. Deferred Compensation "Catch Up" Provision
Affected employees with twenty (20) or more years of City service who have reached the age
of forty-seven (47) or older can cash out one-third (1/3) of all accrued leave at their base rate
of pay, up to the deferred compensation maximum "catch up" permitted by law, during the
affected employee's last three years of employment. In no event, can an employee cash -out
a cumulative total greater than that permitted herein, and in no event shall the post -distribution
leave balance be less than 120 hours.
SECTION 9. Tuition and Book Reimbursement Program
A. Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all
affected employees.
B. Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's
degree)
The City shall reimburse each affected employee pursuing undergraduate studies in an
amount equal to 100% of tuition and book expenditures incurred while employed by the
City and while a student at any accredited college or university having its campus in the
State of California. However, the tuition reimbursement described herein shall not exceed
the per -unit tuition cost required by the University of California or California State
University, whichever is higher.
2. 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.
C. Post -Graduate Studies (Post -Graduate studies are defined as those undertaken in pursuit of
a degree beyond a Bachelor's)
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1. 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.
2. 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.
3. 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.
D. Certification Requirement for Educational Compensation
Affected employees who participate in the Educational Reimbursement Program will be
required to sign the following agreement:
Educational Reimbursements — "I certify that I successfully completed the course(s), receiving
at least a grade of "C" of better, or a grade of "pass," if the course was offered on a pass/fail
basis. (Attach a copy of grade verification). "Further, I agree to refund the City or have
deducted from my final paycheck, any educational reimbursement funds received under this
program if I should leave the City's employ, voluntarily or through termination, with cause,
within one year after completion of the course work for which I am to receive reimbursement,
in accordance with the following schedule."
Below is the reimbursement schedule for the full months worked between the
employee's completion of the course for which they are being reimbursed and their last
day of employment with the City and the percentage of the total reimbursement to be
refunded to the City.
Months Worked between
Date the Course was
Completed and the Final
Day at Work
Percentage to be
Refunded to the City
(%)
100
1
2
3
100
90
4
80
5
70
6
60
7
50
8
40
9
30
10
20
11
10
12
0
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SECTION 10. Physical Fitness Incentive Program
A. Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Incentive Program to
improve the level of physical fitness and health among sworn police personnel so that their
field performance will be enhanced and also to improve their overall degree of wellness as an
enrichment to their personal lives as well as a productivity benefit to the City.
B. Department Policy
It will be the policy of the Police Department to work with employees individually and assist
those that need to improve their lifestyle habits in order that fitness levels can be improved.
There is no "failure" in participation, only the identification of needs and the recognition of
strengths.
C. Program Components
The Physical Fitness Incentive Program will consist of two basic components; they are a
fitness examination and a fitness assessment.
1. Fitness Examination:
An annual fitness examination is a mandatory component of the Physical Fitness
Incentive Program. The examination will be comprehensive and will include the cardio-
vascular system, the pulmonary function, a complete blood work -up, body composition
analysis, the lower digestive tract, and a strength assessment. It will also include a
complete medical history review with a physician and a subsequent review of the
findings as well as an exercise/nutritional prescription.
2. Fitness Assessment:
a. The fitness assessment is a voluntary component of the Physical Fitness Incentive
Program and will be administered by a department fitness coordinator and fitness
committee.
b. The fitness assessment will be a test to measure components of physical fitness
which are:
1. Cardio-vascular
2. Strength
3. Body composition
4. Flexibility
c. The assessment will be administered quarterly and will apply standards developed
and used by the Cooper Aerobics Institute, Dallas, Texas, and include sliding scales
based on age and sex.
d. Will be developed which will categorize participants into levels of fitness.
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D. Physical Fitness Incentive Program Pay
Affected employees will receive their regular rate of pay for meeting the following physical
fitness standards:
Fitness Level Pay per Quarter (3 Calendar Months)
Excellent 16 hours of pay
Good 8 hours of pay
Fair 4 hours of pay
The parties are of the opinion that Physical Fitness Incentive Program Pay qualifies as
compensation earnable pursuant to Section 20636 of the California Government Code and
Section 571(a)(1) of the California Code of Regulations. However, the City makes no
representation of law as the validity of that opinion and does not warrant its validity.
E. Payment of Physical Fitness Incentive Program Pay — Death of Employee
In the event of an affected employee's death, earned, but not yet distributed Physical Fitness
Incentive Program Pay shall be compensated in an amount equal to one -hundred percent
(100%) of the value of such physical fitness incentive program pay based upon the affected
employee's regular rate of pay at the time of death and shall be distributed to the affected
employee's beneficiary.
SECTION 11. Comprehensive Medical Examination
A. Annual Comprehensive Medical Examination
Affected employees are provided with a fully -paid, comprehensive medical examination each
year. The City currently utilizes the Westchester Medical Group/Center for Heart and Health
for the examinations. The results of the examination include extensive written documentation
and feedback, fitness consultation, recommended further testing and/or adjustments to
current lifestyle practices and ongoing monitoring.
B. Heart Scan
Effective July 1, 2008, each affected employee shall be eligible to receive a heart scan to be
conducted once every two (2) years at City expense. Eligibility for the heart scan shall be
determined by the examining physician at the Westchester Medical Group/Center for Heart
and Health during the employee's annual medical examination. The physician shall determine
whether or not undertaking a heart scan is reasonable and appropriate.
ARTICLE 4 - LEAVES AND ABSENCES
SECTION 1. Vacation Leave
A. Vacation Time Use
Affected employees shall accrue vacation time on a monthly basis. Vacation leaves may be
taken only after an affected employee has completed six (6) months of continuous service
with the City.
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B. 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:
Years of Service
Annual Accrual Rate
Maximum
Permissible Accrual
0 — 5 years
96 hours
192 hours
6 — 10 years
120 hours
240 hours
11 — 15 years
144 hours
288 hours
16 years
176 hours
352 hours
17+ years
Additional 8 hours per year
above what an employee with
16 years of service receives.
Variable
C. Accrual Schedule — For Employees Hired Before July 1, 1994
Vacation for employees before July 1, 1994, shall be accrued pursuant to the following
schedule:
Years of Service
Annual Accrual Rate
Maximum Permissible
Accrual
0-7
96 hours
192 hours
8-14
136 hours
272 hours
15-16
176 hours
352 hours
17+
Additional 8 hours per year
above what an employee with
16 years of service receives.
Variable
D. Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
Affected employees who have successfully completed their initial probationary period and/or
achieved E step placement in their assigned salary range shall accumulate vacation time
based on their total years of service in a PERS or comparable agency.
E. Vacation Time Accrual — Sell Back
1. Qualification for Vacation Cash Out:
An employee who has completed one (1) year of service qualifies for vacation cash out.
2. Cash -Out 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.
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3. Election Process:
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.
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 years 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 mush 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).
4. 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.
5. 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.
F. Vacation Time Accrual — For Temporary Industrial Disability
Employees on temporary industrial disability may accrue vacation time for longer than two (2)
years.
G. Payment of Vacation Time — Death of Employee
In the event of an affected employee's separation from employment or death, earned, but not
yet used Vacation Time shall be compensated in an amount equal to one -hundred percent
(100%) of the value of such vacation time based upon the affected employee's regular rate of
pay at the time of death or separation from employment. In case of employee's death, such
amount shall be distributed to the affected employee's beneficiary.
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SECTION 2. Sick Leave
A. Sick Leave — Leave with Pay Due to Illness — Accumulation of Same
Sick Leave with pay may be granted for an absence from duty because of personal illness,
injury or legal quarantine not compensable under the provisions of the Workers'
Compensation Laws of the State of California. Affected employees shall accumulate sick
leave at the rate of one (1) eight (8) hour day accumulation for each month's service not to
exceed a maximum of 1056 hours. Hours worked in addition to a regular work week shall not
entitle an employee to additional sick leave accumulation. Sick leave taken by an employee
shall be deducted from their accumulated credit.
B. Sick Leave Accumulated for Physical Examination
The City will allow up to two (2) days of accumulated sick leave each year to be used for
purposes of physical examinations, subject to submission of a doctor's verification.
C. Sick Leave — Payment of Seventy -Five Percent (75%) of Accrual
Effective the first day of December of each year, affected employees who maintain a balance
of 1056 hours of sick leave accrual shall be paid for seventy-five percent (75%) of the sick
leave accumulated and not used during the preceding twelve-month period. Payment shall be
paid at the affected employee's base rate of pay and be paid on or before December 10.
D. Sick Leave Accrued — Payment on Separation Prior to December 1
Affected employees who separate employment prior to the first day of December while
maintaining a balance of more than 1056 hours of sick leave shall be paid for seventy-five
percent (75%) of their unused accrued sick leave accumulated since the preceding December
1. Payment shall be paid at the affected employee's base rate of pay.
E. Payment of Sick Leave Accrual — Disability Retirement
Upon separation from service because of a disability retirement, affected employees with five
(5) years of City service will be compensated for one -hundred percent (100 %) of the affected
employee's accumulated unused sick leave at the affected employee's base rate of pay at
separation.
F. Payment of Sick Leave Accrual — After 20 Years of City Service
Upon separation from service, affected employees with twenty (20) years of City service will
be compensated for one -hundred percent (100 %) of the employee's accumulated, unused
sick leave at the affected employee's regular rate of pay at separation.
G. Payment of Sick Leave Accrual — On Separation from the City
An affected employees who has been employed by the City for five (5) or more years who
separates from the City with unused sick leave to their credit, will be compensated in an
amount equal to one-half (1/2) the value of such sick leave based upon the affected
employee's base rate of pay at the time of separation.
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H. Payment of Sick Leave Accrual — Death of Employee
In the event an affected employee who has been employed by the City for five (5) years or
more in a full-time position, dies with unused sick leave to their credit, an amount equal to
one -hundred percent (100%) of the value of such sick leave based upon the affected
employee's base rate of pay at the time of death and shall be distributed to the affected
employee's beneficiary.
I. Sick Leave Accumulated for Care of Immediate Family
The City shall allow up to twelve (12) days of accumulated sick leave each calendar year to
be use for purposes of medical emergencies, doctor visits and homecare of members of the
immediate family. Usage would also be permitted under the following instances:
1. The birth of a child of an employee, and to care for a newborn.
2. The placement of a child with an employee in connection with the adoption or foster care
of a child by an employee.
3. To care for a member of the immediate family who has a serious health condition.
For this purpose, the term "family member" means a child, parent, spouse, registered
domestic partner, grandparent, grandchild or sibling, or any other "family member" recognized
by Labor Code section 245.5. The term parent shall also include the parent of the employee's
spouse or registered domestic partner.
For this purpose, the term "family member" also means one (1) "designated person" that the
employee has identified who is related to the employee by blood or whose association with
the employee is the equivalent of a family relationship.
All applicable sections of City Personnel Rules relative to the documentation and verification
of sick leave usage remain in full force and effect.
SECTION 3. Holidav Leave
Captains and Lieutenants shall be paid for one hundred -twenty (120) hours in lieu of holidays.
Holiday pay shall be reported to CalPERS as compensation in the pay period in which the holiday
falls. Employees shall be paid holiday pay at the employee's regular rate of pay. The City shall
have the option to issue eligible employees one check annually inclusive for sick leave pay and
holiday pay in November, but no later than December 10.
In the event of the death of an affected employee or upon separation from service, affected
employees shall be paid holiday pay on a pro-rata basis. Additionally, affected employees serving
less than one (1) year shall be paid holiday pay on a pro-rata basis.
Upon request of an employee and with department head approval, time off may be taken in lieu
of holiday pay.
SECTION 4. Personal Leave Day
A. In the first full pay period following the adoption of this MOU by the City Council, the City shall provide
employees one (1) day of Personal Leave. The City shall provide employees one day of
Personal Leave each year, as described below, unless and until such time as the City
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recognizes Juneteenth as a Holiday. In the event that the City recognizes Juneteenth as a
Holiday, the City will rescind the provision of the Personal Leave day for the following
calendar year.
B. The City will credit employees with Personal Leave every January. Newly hired bargaining
unit members hired after the first of the year will also receive Personal Leave, which the
employee may use six (6) months after the employee's initial appointment date.
SECTION 5. Administrative Leave
Police Captains shall receive eight (80) hours Administrative Leave per calendar year. Police
Lieutenants shall receive fifty-six (56) hours Administrative Leave per calendar year.
For calendar year 2023, twenty-eight (28) hours will be permitted to be carried over. The carry over
provision shall expire December 31, 2024, such that there will be no carry over from calendar
year 2024 to calendar year 2025.This leave has no cash value.
Such hours are not eligible for pay out upon retirement or separation of employment.
SECTION 6. Compensatory Time
A. Maximum Accrual
A bank shall be established for the accumulation of compensatory time off, with a maximum
accrual of eighty (80) hours.
B. Payment of Compensatory Time — Death of Employee
In the event of an affected employee's death, earned, but not yet used Compensatory Time
shall be compensated in an amount equal to one -hundred percent (100%) of the value of
such compensatory time based upon the affected employee's regular rate of pay at the time
of death and shall be distributed to the affected employee's beneficiary.
SECTION 7. Bereavement Leave With Pa
In the event of the death of an employee's "family member", as defined in Article 4, Section 2,
Subsection I, but excluding the "designated person," the City shall provide the employee three (3)
days paid bereavement leave and two (2) days of unpaid leave to be used with three (3) months
of the date of the death of the "family member."
Employees may elect to use other forms of paid leave that they have accumulated in order to
provide for their compensation while using the two (2) days of unpaid leave.
For employees who need to travel 500 or more miles from the City in order to attend services for
the employee's family member, the City shall also provide two (2) additional days of paid
bereavement leave in lieu of the two (2) days of unpaid leave.
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SECTION 8. Personal Emergency Leave — Use of Eligible Leaves
For affected employee's personal emergencies, that is, a serious illness of an "family member"
as defined in Article 4, Section 2, Subsection I, and for cases of extreme and unusual hardship or
an emergency nature, affected employees, upon request, shall be entitled to utilize accumulated
vacation leave, compensatory time -off, or personal leave day/floating holiday, for which prior
notification is required; however, in certain instances, notification requirements may be waived.
SECTION 9. Catastrophic Leave Program
A. Purpose
To establish a program whereby City employees may donate accumulated time to a
catastrophic sick leave bank to be used by permanent, part-time and full-time employees who
are incapacitated due to a catastrophic illness or injury.
B. Definition
A catastrophic illness or injury is a chronic or long-term health condition that is incurable or so
serious that, if not treated, it would likely result in a long period of incapacity.
C. Procedures
There is established a joint-employer/employee committee composed of an individual from
each recognized employee organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
Affected employees may transfer sick leave, vacation or compensatory leave to the
Catastrophic Leave Bank to be donated to an employee who is experiencing catastrophic
illness and has exhausted all personal sick leave. Such a transfer can be made on July 1 of
each year on forms provided by the City of El Segundo. The employee to receive the donation
will sign the "Request to Receive Donation" form allowing publication and distribution of
information regarding his/her situation.
Sick Leave, vacation and compensatory time leave donations will be made in increments of
not less than one (1) day. These will be hour for hour donations.
Affected employees must, at the time of donation, have a minimum of one hundred (100)
hours of accumulated illness/injury leave remaining after a donation has been made.
The donation of time is irrevocable. Should the recipient employee not use all of the donated
time for the catastrophic illness or injury, any balance will remain in the Catastrophic Leave
Bank to be administered by the committee and utilized for the next catastrophic leave situation
SECTION 10. Jury Duty
A. The City will provide an employee who is required to report for jury duty or serve on a jury a
leave of absence covering such service.
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B. Employee Notice: Prior to reporting for jury duty, the employee must provide written notice of
the expected jury duty to their supervisor as soon as possible, but in no case later than
fourteen (14)calendar days before the beginning of the jury duty.
C. Documentation of Jury Duty: The employee must provide documentation of their daily
attendance on jury duty.
D. Paid Leave: During the first two (2) weeks of jury duty, an employee shall be entitled to
receive their regular compensation.
E. Unpaid Leave: For any portion of jury duty that extends beyond two (2) weeks, such
extended jury duty period shall be without regular pay, unless the employee elects to
use p a i d leave accruals for such time.
F. Reporting to Work: While on jury duty, in the event that the employee is relieved of
jury obligations for three (3) or more consecutive hours, the employee must report to
work.
Employees relieved of jury duty for three (3) or more consecutive hours may elect to use
paid leave accruals to take such time off from work, provided the employee has
requested and received their supervisor's approval to do so.
ARTICLE 5 — EMPLOYER -EMPLOYEE RELATIONS
SECTION 1. Management Rights
A. Except as limited by the specific and express terms of this MOU, the City hereby retains and
reserves unto itself all rights, powers, authority, duty, and responsibilities confirmed on and
vested in it by the laws and the Constitution of the State of California and/or United States of
America.
B. The management and the direction of the work force of the City is vested exclusively in the
City, and nothing in this MOU is intended to circumscribe or modify the existing right of the
City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain
employees in positions within the City, subject to the rules and regulations of the City; suspend
or discharge employees for proper cause; maintain the efficiency of governmental operations;
relieve employees from duties because of lack of work; take action as may be necessary to
carry out the City's mission and services in emergencies; and to determine the methods,
means, and personnel by which the operations are to be carried out.
SECTION 2. Layoff Procedures
A. 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 their designee.
The City Manager shall recommend to the City Council each classification to be affected by
any such change.
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B. 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.
C. At -Will Employees
The City Manager retains the right to layoff or alter the work assignment of the following
employees at any time without notice or right of appeal: emergency employees, temporary or
seasonal employees, part-time employees, original probationary employees, promotional
probationary employees and employees designated at -will. The promotional probationary
employee shall revert to his/her previously held classification and position without loss of
seniority.
D. Procedures for Layoff
A permanent employee in a classification affected by a reduction in force shall be laid off
based on seniority in City service that is the employee with the least City service shall be laid
off first, followed by the employee with the second least City service, etc. Seniority shall be
determined by hire date. City seniority shall be used to effectuate the procedures set forth in
this Article. Seniority for part-time employees shall be calculated as one-half ('/2) time from the
date of hire with the City.
E. Breaking Ties
In cases where two (2) or more employees have the same date of hire (i.e., equal seniority),
retention points for job performance shall be credited on the basis of the average of the overall
evaluation ratings for the last three (3) years, provided the last rating had been filed more than
thirty (30) days prior to the date of the layoff notice. Retention points are as follows:
Above Standard: 24 points
Standard: 12 points
Below Standard: 0 points
In the event of a tie in seniority, the employee with the lowest average of retention points shall
be laid off first. In the event that one or more of the affected employees do not have overall
evaluation ratings for the last three (3) years on file, ties shall be broken by a coin toss.
F. 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
21
PMA MOU
October 1, 2023 through June 30, 2026
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.
G. Displacement Rights
1. 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.
2. 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.
H. Salary Placement
An employee who is assigned to a lower classification as a result of a displacement (bump)
shall be placed on the step of the salary range of the new classification, which is closest to
the compensation of the employee in the previous classification, but in no case higher, and
the employee will be assigned a new salary anniversary date on the effective date of the
appointment. The employee shall, however, retain seniority while his/her name remains on
reemployment list or lists.
I. Reemployment List
The names of permanent employees who have been laid off under this section (including
employees who have bumped down) shall be placed, in order of seniority from highest to
lowest, on a reemployment list for their classification or any lower classification for which the
employee is qualified by education and/or experience. Persons on such lists shall retain
eligibility for appointment therefrom for a period of three (3) years from the date their names
were placed on the list. As a vacancy within a classification or lower related classification
becomes available, the name appearing at the top of the list shall be offered the opportunity
to fill the vacancy. The name of an individual selected from the list to fill the vacancy who
refuses the reemployment offer without good cause 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.
J. 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.
K. Rights on Reemployment
If a person is reemployed by the City within three (3) years, the employee's seniority, sick
leave and vacation accrual rates shall be reinstated. Any accumulated sick leave and/or
vacation earnings shall also be reinstated to the extent that the employee did not receive
22
PMA MOU
October 1, 2023 through June 30, 2026
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.
L. Appeal
An employee who 1) has not been provided a letter of layoff, per Section 2-J, 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.
SECTION 3. POBR Limited Appeals
A. Provisions
The following administrative appeal process is established pursuant to Government Code §
3304.5. It shall supplement, though not replace, the disciplinary appeal process established
pursuant to the City of El Segundo Ordinance utilizing the Los Angeles County Civil Service
Commission hearing process (Municipal Code § 1-6-16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to
receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil
Service 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.
1. 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, a reduction in salary caused by a
reassignment resulting in a loss of incentive, specialty, assignment, bonus, or similar
pay, or a suspension for five (5) or less days, is entitled to an administrative appeal
only pursuant to this procedure. An officer shall not be entitled to appeal an action prior
to its imposition.
b. 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.
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PMA MOU
October 1, 2023 through June 30, 2026
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.
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.
f. The hearing shall be audio recorded.
g. The officer may be represented by a representative of their 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.
h. 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
24
PMA MOU
October 1, 2023 through June 30, 2026
of its case.
i. The hearing officer fees shall be equally borne by the City and the Association.
j. 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 4. Grievance Procedure
A. Definition of Terms
1. Grievance — A grievance is an allegation of a violation, misinterpretation or misapplication
of a specific written department or agency rule or regulation or a specific provision of a
MOU. A grievance is distinct from an appeal in that it is a violation, misinterpretation or
misapplication of a specific written department or agency rule and/or policy or a specific
provision of a MOU.
2. Grievant — A grievant is an employee or group of employees allegedly adversely affected
by an act of omission of the agency.
3. Day — A day is a business day (Monday — Friday).
4. Immediate Supervisor — The first level supervisor of the grievant.
B. Time Limits
1. Compliance and Flexibility — With the written consent of both parties, the time limitation
for any step may be extended or shortened.
2. Calculation of Time Limits — Time limits for the appeal provided in each level shall begin
the day following receipt or a written decision of appeal by the employee or employees.
3. Failure to Meet Timeliness — Failure at any level of this procedure to communicate the
decision on a grievance by the City within the specified time limits shall permit lodging an
appeal at the next level of the procedure within the time allotted had the decision been
given. If the grievance is not processed by the grievant or grievants in accordance with
the time limits, the decision last made by the City shall be deemed final.
C. Procedure for Filing a Grievance
1. In filing a formal written grievance, the employee shall set forth the following information.
a. 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.
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PMA MOU
October 1, 2023 through June 30, 2026
d. What documents, witnesses or other evidence supports the grievant's position.
e. The remedy requested.
D. Grievance Procedure
Grievances will be processed following the procedures set forth below.
1. Level I — Within ten (10) days of the date the employee reasonable knew or should have
known of the incident giving rise to the grievance, the employee should make an effort to
resolve the grievance with the employee's immediate supervisor. The supervisor shall hold
discussions and attempt to resolve the grievance within five (5) days from the time the
employee meets with the supervisor to discuss the employees' grievance.
2. Level II — In the event such efforts do not produce a mutually satisfactory resolution, the
grievant shall have ten (10) days to file a formal written grievance with the employee's
immediate supervisor after the fifteen (15) day time period provided in Level I. The
immediate supervisor shall, within five (5) days, provide a written response to the grievant.
3. Level III — If the formal written grievance is not resolved by the immediate supervisor, the
grievant may present the grievance in writing to the department head within five (5) days
of the written response from the immediate supervisor. The department head shall
respond in writing within ten (10) days.
4. Level IV — If the grievance is not resolved by the department head, the grievant may
present the grievance in writing to the City Manager within five (5) days of the Department
Head's written response. The City Manager or his/her designee will conduct an informal
hearing and render a decision. Each party shall have the right to present witnesses and
evidence at the hearing. The conclusions and findings of this hearing shall be final.
E. Matters Excluded From the Grievance Procedure
1. The grievance procedure cannot be used for the purpose of resolving complaints, requests
or changes in wages, work hours or working conditions.
2. The grievance procedure cannot be used to challenge employee evaluations or
performance reviews.
3. The grievance procedure cannot be used to challenge the merits of a reclassification, lay-
off, transfer, denial of reinstatement, or denial of a step or merit increase.
4. The grievance procedure cannot be used in cases of reduction in pay, demotion,
suspensions or a termination which are subject to the formal appeal process outlined in
Ordinance 586.
F. Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a
conference at any level of the grievance procedure.
Q
PMA MOU
October 1, 2023 through June 30, 2026
SECTION 5. No -Strike Clause
A. The El Segundo Police Managers' Association agrees that during the term of this MOU their
members employed by the City of El Segundo will not strike or engage in any work stoppage
or slowdown, engage in any concerted failure to report for duty, or fail to perform their duties
in whole or in part for the purpose of inducing, influencing, or coercing a change in the
conditions, or compensation, or the rights, privileges, or obligations of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any affected employee violating this provision may be subject to discipline
up to and including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to withdraw
any rights, privileges or services provided for in this MOU or in City policy from any affected
employee and/or the Association.
SECTION 6. Bindinq Arbitration
A. Civil Claims:
Both the City and employees covered by this Memorandum of Understanding agree that the
claims described in this Article shall be submitted to and determined exclusively by binding
arbitration under the Federal Arbitration Act, in conformity with the procedures of the California
Arbitration Act ("CAA") (Cal. Code Civ. Proc. Sec 1280 et. seq, including section 1283.05 and
all of the CAA's other mandatory and permissive rights to discovery). Nothing in this
Memorandum of Understanding shall prevent either party from obtaining provisional remedies
to the extent permitted by Code of Civil Procedure Section 1281.8 either before the
commencement of or during the arbitration process. All rules of pleading, (including the right
of demurrer), all rules and judgment under Code of Civil Procedure Section 631.8 shall apply
and be observed. Resolution of the dispute shall be based solely upon the law governing the
claims and defenses pleaded.
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
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PMA MOU
October 1, 2023 through June 30, 2026
Orders, as well as any other state and federal statutes. This Article 3.22 is further intended
to apply to any claim Employee(s) may have against the City and/or any of its directors,
employees, or agents, and to any and all past and future employment relationships
Employee may have with the City regardless of job position or title. City shall also arbitrate
all claims it has against the employee under the same rules and regulations set forth
herein.
2. Notwithstanding the provisions of this Article, employees covered by this Memorandum of
Understanding may elect to file a claim for workers' compensation and unemployment
insurance benefits with the appropriate state agencies, and administrative charges with
the Equal Employment Opportunity Commission, California Department of Fair
Employment and Housing, and any similar state agency. Unless otherwise required by
applicable law, all other employment -related claims shall be resolved by final and binding
arbitration and not by a jury in a court of law.
3. To the fullest extent permitted by law, employees covered by this Memorandum of
Understanding agree that they shall not join or consolidate claims submitted for arbitration
pursuant to this Article with those of any other persons, and that no form of class,
collective, or representative action shall be maintained without the mutual consent of the
parties. Any dispute over the validity, effect, or enforceability of the provisions of this
paragraph, including whether the arbitration may proceed as class, collective, or
representative action, shall be for a court of law and not an arbitrator to decide.
4. The City shall bear the costs of any arbitration conducted pursuant to this Article, including
the compensation of the Arbitrator, all administrative expenses, and CSR transcripts.
Except as may otherwise be required by law, the parties shall be responsible for their own
attorneys' fees and costs incurred in presenting their case to the Arbitrator. The Arbitrator
shall render a written award within 30 days after the matter is submitted for determination,
and the award of the arbitrator shall be final and binding on the City, the Association and
the employee.
5. The arbitration shall be held before a single arbitrator, who shall be an attorney at law and
an experienced employment law arbitrator. The arbitrator shall be mutually selected by
the parties. The Arbitrator shall have the power to award all legal relief available in a court
of law, including any and all damages that may be available for any of the claims asserted.
In addition, each of the parties shall retain all defenses that they would have in a judicial
proceeding, including defenses based on the expiration of the statute of limitations and
that the damages being sought are not authorized or are excessive.
B. Appeal of Discipline
The Parties understand that employees covered by this Memorandum of Understanding are
entitled to disciplinary appeal procedures under the City's Personnel Merit System
Administrative Code. Under Administrative Code Section 1-6-8, employees have the right to
have the Los Angeles County Civil Service Commission hear appeals from dismissal, demotion,
and suspensions for a period of six (6) days or longer. The Parties agree that an employee
covered by this Memorandum of Understanding may opt to have these disciplinary actions be
submitted to binding and final arbitration.
1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor
and employment law arbitrator. The parties shall select an arbitrator from a list of seven
arbitrators provided by the State Mediation and Conciliation Service. If the parties are
PMA MOU
October 1, 2023 through June 30, 2026
unable to reach an agreement in the selection of a hearing officer, each shall strike names
from the list until a final name is selected as the Arbitrator.
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court
reporter is requested by the parties. The parties shall be responsible for their own
attorneys' fees and costs incurred in presenting their case to the Arbitrator.
3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.13,
shall be for a court of law and not an arbitrator to decide.
4. Under this Section B, the Arbitrator's authority will be limited to determining: Whether the
City has satisfied the seven tests of just cause; and, if not, what is the appropriate remedy.
The Arbitrator shall render a written award within 30 days after the matter is submitted for
determination, and the award of the arbitrator shall be final and binding on the City, the
Association and the employee. The Arbitrator may not increase the level of discipline.
5. At least ten business days before the scheduled arbitration, the parties shall exchange the
following information: (i) a list of all witnesses each party intends to call during its case-
in -chief; and (ii) copies of all documents each party intends to introduce during its case-
in -chief.
C. Contract Interpretation Disputes
The Parties agree that any grievance filed under Article 28 of this Memorandum of
Understanding that is an allegation of a violation, misinterpretation, or misapplication of this
MOU, shall be subject to final and binding arbitration. The Association must file a written request
for final and binding arbitration within ten (10) days of receipt of the City's response at Level IV.
1. The arbitration shall be held before a single arbitrator, who shall be an experienced labor
and employment law arbitrator. The parties shall select an arbitrator from a list of seven
arbitrators provided by the State Mediation and Conciliation Service. If the parties are
unable to reach an agreement in the selection of a hearing officer, each shall strike names
from the list until a final name is selected as the Arbitrator.
2. The City shall pay the costs of the arbitrator and court reporter fees and transcript, if a court
reporter is requested by the parties. The parties shall be responsible for their own
attorneys' fees and costs incurred in presenting their case to the Arbitrator.
3. Any dispute over the validity, effect, or enforceability of the provisions of this Article 33.C,
shall be for a court of law and not an arbitrator to decide.
4. The Arbitrator's authority will be limited to interpreting the provisions of the Memorandum of
Understanding and the Arbitrator has no authority to add to, subtract from, or modify the
Memorandum of Understanding in any way. The Arbitrator shall have the authority to
determine questions of arbitrability of contract interpretation disputes. The Arbitrator shall
render a written award within 30 days after the matter is submitted for determination, and
the award of the arbitrator shall be final and binding on the City, the Association and the
employee.
5. At least ten business days before the scheduled arbitration, the parties shall exchange the
following information: (i) a list of all witnesses each party intends to call during its case-
in -chief; and (ii) copies of all documents each party intends to introduce during its case-
in -chief.
29
PMA MOU
October 1, 2023 through June 30, 2026
D. This Article 33 is entered into under the California Arbitration Act and the Meyers-Milias-Brown
Act, and shall be interpreted and construed in accordance with the law and procedures
developed under those respective statutes.
ARTICLE 6 — OTHER PROVISIONS
SECTION 1. Completion of Meetina and Neaotiatin
A. This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties
regarding terms and conditions of employment. Therefore, for the life of this MOU, neither
party shall be compelled to meet and confer with the other party concerning any mandatory
meet and confer issue which is covered by this MOU.
B. The wages, hours, benefits and other terms and conditions of employment covered by this
MOU, including those wages, hours, benefits and other terms and conditions of employment
in existence and spelled out by the City's Personnel Rules, Administrative Code and other
Ordinances and Resolutions approved by the City Council prior to this MOU, although not
specifically referred to by this MOU, shall constitute the wages, hours, benefits and other
terms and conditions of employment for the term of this MOU.
C. Disagreements involving the interpretation and application of this section will be resolved by
accessing the Association's Grievance Policy at Level IV (City Manager).
SECTION 2. Re -Openers
The parties agree that during the term of this MOU, they shall re -open the agreement to discuss
the following items:
1. Modifications to the Administrative Code; and
2. Employee Evaluation Program
SECTION 3. Savings Clause
If any provision or the application of any provision of this MOU shall be rendered or declared
invalid by any final court action or decree, or by reason of any preemptive legislation, the
remaining sections of this MOU shall remain in full force and effect for the duration of said MOU.
SECTION 4. Association Dues Deduction
The City shall deduct dues on a regular payroll basis from the pay of Association members.
Such deductions shall be authorized in writing on a form approved and provided by the
Association for this purpose.
The membership forms shall be retained by the Association. Th City shall rely on a certification
from the Association for the authorization, modification, or cancellation of any dues deductions.
The City shall remit such funds to the Association within 30 days following their deduction.
The City shall rely on a certification from the Association requesting a deduction or reduction
that they have and will maintain an authorization, signed by the individual from whose salary
30
PMA MOU
October 1, 2023 through June 30, 2026
or wages the deduction or reduction is to be made. The Association shall not be required to
provide a copy of an individual authorization to the City unless a dispute arises about the
existence or terms of the authorization. The Association shall indemnify the City for any claims
made by the employee for deductions made in reliance on that certification.
The City shall direct all employee requests to cancel or change deductions to the Association.
The City shall rely on information provided by the Association regarding whether deductions
for Association membership were properly canceled or changed, and the Association shall
indemnify the City for any claims made by the employee for deductions made in reliance on
that information. Deductions may be revoked only pursuant to the terms of the employee's
written authorization, Association Bylaws and this Agreement.
The City shall not deter or discourage employees or applicants for employment from becoming or
remaining members of the Association, or from authorizing representation by the Association or
from authorizing dues or fee deductions to the Association.
SECTION 5. Non -Discrimination
Neither the City nor the Association shall discriminate against any employee because of race,
color, age, religion, creed, national origin, ancestry, sex, gender, sexual orientation, medical
condition, genetic information, marital status, any other protected category under the law, as well
as Association activities in any matter.
31
PMA MOU
October 1, 2023 through June 30, 2026
For the Association:
Aaron Corkins, President
Ryan Danowitz, Vice President
Hugo Perez, Member
/f A'�/20��
Date
For the City of El Segundo:
Darrell George City Manager
% 061
Rebecca Redy , irector of Human Resources
Dana Hang, Huma sources Manager
l 1 10 2D �
Date
32
POLICE MANAGEMENT ASSOCIATION (PMA) PAY SCHEDULE Appendix A
Effective the first full pay period after City Council approval
and adoption- November 7, 2023 - 7%
PMA
Police Management Association
EFFECTIVE
DATE
SALARY
REVISION
EFFECTIVE
DATE
AGREEMENT
NUMBER
JOB CLASS TITLE
GROUP BU
GRADE
PAY TYPE
HOURLY
MONTHLY
ANNUAL
11/7/2023
11/7/2023
Police Lieutenant
ESPMA
56P
Hourly
81.75
14170.16
170041.92
85.84
14878.67
178544.05
90.13
15622.60
1187471.19
94.64
16403.73
196844.78
99.37
17223.92
206687.02
11/7/2023
11/7/2023
Police Captain
ESPMA
61P
Hourly
95.54
16561.13
198733.54
100.32
17389.19
208670.29
105.34
18258.65
219103.81
110.61
19171.58
230058.90
116.14
20130.16 1241561.87
POLICE MANAGEMENT ASSOCIATION (PMA) PAY SCHEDULE
Effective the pay period including July 1, 2024 - 3%
PMA
Police Management Association
EFFECTIVE
DATE
SALARY
REVISION
EFFECTIVE
DATE
AGREEMENT
NUMBER
JOB CLASS TITLE
GROUP BU
GRADE
PAY TYPE
HOURLY
MONTHLY
ANNUAL
7/1/2024
7/1/2024
Police Lieutenant
ESPMA
56P
Hourly
84.20
14596.26
175143.18
88.41
15325.03
183900.37
92.83
16091.28
193095.33
97.48
16895.84
202750.12
102.35
17740.64
212887.63
7/1/2024
7/1/2024
Police Captain
ESPMA
61P
Hourly
98.41
17057.96
204695.55
103.33
17910.87
214930.40
108.50
18806.41
225676.93
113.92
19746.72
1236960.67
11962
20734.06
1248808.73
POLICE MANAGEMENT ASSOCIATION (PMA) PAY SCHEDULE
Effective the pay period including July 1, 2025 - 3%
PMA
Police Management Association
EFFECTIVE
DATE
SALARY
REVISION
EFFECTIVE
DATE
AGREEMENT
NUMBER
JOB CLASS TITLE
GROUP BU
GRADE
PAY TYPE
HOURLY
MONTHLY
ANNUAL
7/1/2025
7/1/2025
Police Lieutenant
ESPMA
56P
Hourly
86.73
15033.12
180397.47
91.07
15784.78
189417.38
95.62
16574.02
1198888.19
100.40
17402.72
208832.62
105.42
18272.86
219274.26
7/1/2025
7/1/2025
Police Captain
ESPMA
61P
Hourly
101.36
17569.70
210836.41
106.43
18448.19
221378.31
111.75
19370.60
232447.24
117.34
20339.12
244069.49
123.21
21356.08
256272.99
RESOLUTION NO. Number
FIXING THE EMPLOYER CONTRIBUTION
UNDER THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT
AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS
WITH RESPECT TO A RECOGNIZED EMPLOYEE ORGANIZATION
007 EL SEGUNDO POLICE MANAGERS' ASSOCIATION
WHEREAS, (1) City of El Segundo is a contracting agency under Government Code
Section 22920 and subject to the Public Employees' Medical and Hospital
Care Act (the "Act") for participation by members of El Segundo Police
Managers' Association; and
WHEREAS, (2) Government Code Section 22892(a) provides that a contracting agency
subject to Act shall fix the amount of the employer contribution by
resolution; and
WHEREAS, (3) Government Code Section 22892(b) provides that the employer
contribution shall be an equal amount for both employees and annuitants,
but may not be less than the amount prescribed by Section 22892(b) of
the Act; now, therefore be it
RESOLVED, (a) That the employer contribution for each employee or annuitant shall be
the amount necessary to pay the full cost of his/her enrollment, including
the enrollment of family members, in a health benefits plan up to a
maximum of $1,750.00 per month, plus administrative fees and
Contingency Reserve Fund assessments; and be it further
RESOLVED, (b) City of El Segundo has fully complied with any and all applicable
provisions of Government Code Section 7507 in electing the benefits set
forth above; and be it further
RESOLVED, (c) That the participation of the employees and annuitants of City of El
Segundo shall be subject to determination of its status as an "agency or
instrumentality of the state or political subdivision of a State" that is eligible
to participate in a governmental plan within the meaning of Section 414(d)
of the Internal Revenue Code, upon publication of final Regulations
pursuant to such Section. If it is determined that City of El Segundo would
not qualify as an agency or instrumentality of the state or political
subdivision of a State under such final Regulations, CalPERS may be
obligated, and reserves the right to terminate the health coverage of all
participants of the employer; and be it further
RESOLVED, (d) That the executive body appoint and direct, and it does hereby appoint
and direct, the City Clerk to file with the Board a verified copy of this
resolution, and to perform on behalf of City of El Segundo all functions
required of it under the Act; and be it further
RESOLVED, (e) That coverage under the Act be effective on January 1, 2024.
Adopted at a regular meeting of the El Segundo City Council at El
Segundo, CA, this 7th day of November, 2023.
Signed:
Attest:
Drew Boyles, Mayor
Tracy Weaver, City Clerk
Approved to Form:
Mark D. Hensley, City Attorney