CC RESOLUTION 5447RESOLUTION NO. 5447
A RESOLUTION APPROVING AND ADOPTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE
MANAGERS' 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unless repealed or superseded.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. 5447 this 7t" day of November, 2023.
ATTEST:
Tracy Weav City Clerk
Mark D. H nsley, City Attorney
C Pimentel, Mayor
Exhibit A - PMA MOU October 1, 2023 to June 30, 2026
RESOLUTION NO. 5447
PAGE 1 of 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5447 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 7t" day of November, 2023, approved and signed by the
Mayor Pro Tem, and attested to by the City Clerk, by the following vote:
AYES: Mayor Pro Tern Pimentel, Council Member Pirsztuk, Council Member
Giroux, and Council Member Baldino
NOES: None
ABSENT: Mayor Boyles
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of November,
2023.
Tra Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO. 5447
PAGE 2 of 2
Agreement No. 6801
EXHIBIT A
POLICE,EL SEGUNDO ""
SY
ASSOCIATION
Term: October 1, 2023 through June 30, 2026
Agreement No. 6801
PMA MOU
TABLE OF CONTENTS
ARTICLE I- INTRODUCTION
SECTION1- Preamble....................................................................................................................1
SECTION2-Term................ ............ ........................ ............ ...... ___ ...... ............,....w...1
ARTICLE 2- COMPENSATION
SECTION 1- Compensation Adjustments........................................................................................1
SECTION 2- 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
SECTION9- 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,.......4
SECTION13- Marksmanship Pay......................................................................................................4
SECTION 14- Uniforms and Safety Equipment................................................................................5
SECTION 15- Overtime Compensation............................................................... ......,,.............. ....... 5
SECTION 16- Regular Rate of Pay Defined....................................................w.......,.,.,...,...,..............5
ARTICLE 3- BENEFITS
SECTION 1- 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
Agreement No. 6801
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.................................................................................. .......A0
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.............................................................. ........... ........................... ......... A 7
SECTION 4- Personal Leave Day....................................................................................................17
SECTION 5- Administrative Leave...................................................................................................18
SECTION 6- Compensatory Time....................................................................................................18
SECTION 7- Bereavement Leave With Pay .................................... ........................o-..,....,.,,.............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
SECTION 6- Binding Arbitration ............................... ........................... ___ ...... ...............,,.....,........ 27
Agreement No. 6801
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
Agreement No. 6801
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. Comm ensation Ash"ustrnents
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%);
Agreement No. 6801
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-B.
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 S rn 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. Sala Schedule Calculation Methodolony
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 a!gp 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. Steal 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.
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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 (i.e., 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.
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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. Tem ora Service in a Higher Classificatio,n/Acting Pa
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 Pa
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. IMarksmanship Pa
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
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Agreement No. 6801
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 Euil2ment
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 Com ensation
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.
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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.
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Agreement No. 6801
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 andVision (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.
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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
1. 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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October 1, 2023 through June 30, 2026
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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October 1, 2023 through June 30, 2026
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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October 1, 2023 through June 30, 2026
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 t h e
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
Date the Course was
Refunded to the City
Completed and the Final
(%)
Day at Work
1
100
2
100
3
90
4
80
5
70
6
60
7 -
50
w
8
40
9
30
10
20
11
10
12 _0
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Agreement No. 6801
PMA MOU
October 1, 2023 through June 30, 2026
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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October 1, 2023 through June 30, 2026
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. Com rehen ive 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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October 1, 2023 through June 30, 2026
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 ears 96 hours
192 hours
6 — 10 yearSr 120 hours _..... .... .....
240-hours
.....
11 — 15 years 144 hours
288 hours
16 years 176 hours
352 hours
17+ years Additional 8 hours per year
Variable
above what an employee with
16 ears of service receives.
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
Variable
above what an employee with
1 wears of service receives.
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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October 1, 2023 through June 30, 2026
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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October 1, 2023 through June 30, 2026
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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October 1, 2023 through June 30, 2026
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 nal Leave may
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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PMA MOU
October 1, 2023 through June 30, 2026
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. Corn ensato 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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Agreement No. 6801
PMA MOU
October 1, 2023 through June 30, 2026
SECTION 8. Personal EmercienU 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 Dutv
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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PMA MOU
October 1, 2023 through June 30, 2026
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
p aid 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. La �off'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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October 1, 2023 through June 30, 2026
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 (1/) 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
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Agreement No. 6801
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.
1. 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
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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 Atmeals
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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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
Agreement No. 6801
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.
25
Agreement No. 6801
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.
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Agreement No. 6801
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. Bindi
ng 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
27
Agreement No. 6801
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
28
Agreement No. 6801
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
Agreement No. 6801
PMA MOU
October 1, 2023 through June 30, 2026
D. This Article 33 is entered into under the California Arbitration Act and the Meyers- M ilias- Brown
Act, and shall be interpreted and construed in accordance with the law and procedures
developed under those respective statutes.
ARTICLE 6 — OTTER PROVISIONS
• .t71+ ;.t•-.�
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-O e�,,.nr
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. Savinas 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
Agreement No. 6801
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 6. 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
Agreement No. 6801
PMA MOU
October 1, 2023 through June 30, 2026
For the Association:
Aaron Corkins, President
Ryan anowitz, Vice President
Hugo Perez, Member
lr
Date
For the City of El Segundo:
Darrell George City ana er
Rebecca Redy ; iraeotor of Human Resources
"R"�Ijj)m —
Dana Hang, Humian&sources Manager
J1
Date
32
POLICE MANAGEMENT ASSOCIATION (PMA) PAY SCHEDULE Appendix A
Agreement No. 6801
Effective the first full pay period after City Council approval
and adoption. November 7, 2023 - 7%
PMA
Police Management Association
SALARY
EFFECTIVE
REVISION AGREEMENT
DATE
EFFECTIVE NUMBER
JOB CLASS TITLE GROUP BU GRADE
PAY TYPE HOURLY
MONTHLY
ANNUAL
DATE
11/7/2023
11/7/2023
Police Lieutenant ESPMA 1 56P
Hourly 81.75
14170.16
170041.92
85.84
14878.67
178544.05
90A 3
15622,60
187471.19
94.64
16403.73
196844.78
99.37
17223.92
206687.02
11/7/2023
11/7/2023
Police Ca lain
ESPMA
61P
Hourly
95.54
16561.13
198733.54
100.32
17389.19
208670.29
105.34
18258.65
219103.81
1 1061
19171.58
230058.90
116.14
20130.16
241561.87
POLICE MANAGEMENT ASSOCIATION (PMA) PAY SCHEDULE Agreement NO. 6801
Effective the pay period including July 1, 2024 - 3%
PMA
Police Management Association
EFFECTIVE
DATE
LEFFECTIVE
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
14595.26
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
Hpurl
98.41
17057.96
204695.55
10333
17910.87
214930.40
108.50
18806.41
225676.93
113.92
19746.72
236960.67
119.62
20734.06
248808.73
POLICE MANAGEMENT ASSOCIATION (PMA) PAY SCHEDULE Agreement NO. 6801
Effective the pay periodincluding July 1, 2025 - 3%
PMA
Police Management Association
SALARY
EFFECTIVE
REVISION AGREEMENT
JOB CLASS TITLE GROUP BU GRADE
PAY TYPE HOURLY
MONTHLY
ANNUAL
DATE
EFFECTIVE NUMBER
DATE
7/1/2025
7/1/2025
Police Lieutenant
ESPMA
56P
Hour[
86.73
15033.12
180397.47
91.07
15784.78
189417 38
95.62
16574.02
198888.19
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
1244069.49
123.21
21356.08
256272.99