CC RESOLUTION 3936RESOLUTION NO. 3936
RESOLUTION AND WRITTEN DETERMINATION OF THE
ISSUES AT IMPASSE BETWEEN THE EL SEGUNDO POLICE
OFFICERS ASSOCIATION AND THE CITY OF EL SEGUNDO
WHEREAS, the Memorandum of Understanding between the City of El Segundo and the
El Segundo Police Officers Association expired on June 30, 1995; and
WHEREAS, in accordance with the Meyers - Milias -Brown Act governing labor -
management relationships in California local governments, the parties have met and conferred
in good faith; and
WHEREAS, the City has presented its Last, Best, and Final Offer dated August 4, 1995;
and
WHEREAS, the Last, Best, and Final Offer was rejected by the El Segundo Police
Officers Association; and
WHEREAS, the City Council has final and binding determination on all issues at
impasse; and
WHEREAS, the City Council has determined the appropriateness of the following terms
at issue between the El Segundo Police Officers Association and the City of El Segundo:
1. The City's contribution for medical insurance will be equal to the premium cost of
full family coverage for the average of the HMO's available to all employees in
Southern California, effective with the next premium adjustment after August,
1995.
2. Employees, upon separation, after ten (10) years of service, will be compensated
50% of their accumulated, unused sick leave at the employee's current rate.
Upon separation, after twenty (20) years of service, employees will be
compensated at 90% of that employee's accumulated unused, sick leave at the
employee's current rate.
3. Field Training Officers compensation will be increased from $1.25 per hour to
$1.50 per hour when acting as Field Training Officers.
4. A 1.5% increase in base salary for all current employees effective the pay period
beginning September 2, 1995.
5. 100% reimbursement for books under the Educational Reimbursement Program.
6. Employees shall have the right to use nine (9) days of accumulated sick leave
for family emergencies. Emergencies are generally of a medical nature, for
illness or injury of a family member.
7. The Educational Reimbursement Policy shall include professional certificate
courses of studies offered at institutions of higher education, if approved in
advance by the Chief of Police.
8. Employees who participate in the Educational Reimbursement Program will be
required to sign the following agreement:
Educational Reimbursements - "I certify that I successfully completed the
course(s), receiving at least a grade of "C" or better." (Attach 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."
r '1
STATE OF CALIFORNIA ]
COUNTY OF LOS ANGELES ] SS
CITY OF EL SEGUNDO ]
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of the said City is five;
that the foregoing resolution, being RESOLUTION NO. 3936 was duly passed and
adopted by the said City Council, approved and signed by the Mayor or said City, and
attested by the City Clerk of said City, all at a regular meeting of the said Council held
on the 5th day of September, 1995, and the same was so passed and adopted by the
• following vote:
AYES: Mayor Jacobson, Mayor ProTem Weston, Councilman Switz,
Councilman Robbins, and Councilwoman Friedkin.
NOES: None
ABSENT: None
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of
September, 1995.
L�
NDY MPRTE SEN,
ity ClerK of the
City of El Segundo,
California
(SEAL)
'0
Below is the reimbursement schedule for the full months worked between
course completion and resignation dates and the percentage of the total
reimbursement to be refunded to the City.
1.
100%
7.
50%
2.
100%
8.
40%
3.
90%
9.
30%
4.
80%
10.
20%
5.
70%
11.
10%
6.
60%
12.
0%
Probationary employees are not allowed to participate in the educational
reimbursement program.
9. The City will institute a catastrophic illness bank. The purpose, definition and
procedures for the catastrophic illness bank are as follows:
I. 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 catastrophic illness
or injury.
0 II. 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.
III. PROCEDURES
A. There is established a joint - employer /employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
B. 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 I 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 (Attachment A) allowing
publication and distribution of information regarding his /her
situation.
C. Sick leave, vacation and compensatory time leave donations will
be made in increments of no less than one day. These will be
hour for hour donations.
D. Employees must hold a minimum of one hundred and twenty (120)
hours of accumulated illness /injury leave after a donation has been
made.
E. The donation of accumulated time is irrevocable. Should the
recipient employees 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.
2
10. The City will establish a grievance procedure as follows:
1. DEFINITION OF TERMS
• A. Grievance - A grievance is a violation, misinterpretation or
misapplication of a specific written departmental or agency rule or
regulation or a specific provision of a memorandum of
understanding. A grievance is distinct from an appeal in that it is
a violation, misinterpretation or misapplication of a specific written
departmental or agency rule and /or policy or a specific provision of
a memorandum of understanding.
B. Grievant - A grievant is an employee or group of employees
adversely affected by an act or omission of the agency.
C. Dav - A day is a calendar day.
D. Immediate Supervisor - The first level supervisor of the grievant.
II. TIME LIMITS
A. Compliance and Flexibility - With the written consent of both parties, the
time limitation for any step may be extended or shortened.
B. Calculation of Time Limits - Time limits for appeal provided in each level
shall begin the day following receipt of a written decision or appeal by the
parties.
C. Failure to Meet Timeliness - Failure at any level of this procedure to
communicate the decision on a grievance by the City within the specified
time limits shall permit lodging an appeal at the next level of the
procedure within the time allotted had the decision been given. If the
grievance is not processed by the grievant or grievants in accordance
with the time limits, the decision last made by the City shall be deemed
final.
III. PROCEDURE
Grievances will be processed following the procedures set forth below.
A. Level 1 - Within ten days of the date the employee reasonably knew or
should have known of the incident giving rise to the grievance, the
• employee should make an effort to resolve the grievance informally with
the employee's immediate supervisor. The supervisor shall hold
discussions and attempt to resolve the grievance within five (5) days.
B. Level If - In the event such efforts do not produce a mutually satisfactory
resolution, the employee or employees aggrieved must reduce their
grievance to writing. Under no circumstances shall the formal written
grievance be filed more than fifteen (15) days from the date the employee
knew or should have known of the incident giving rise to the grievance.
Procedure for Filing a Grievance
In filing a grievance, the employee should 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.
KI
d. What documents, witnesses or other evidence supports the
grievant's position.
• e. The remedy requested.
C. Level III - If the grievance is not resolved by the immediate supervisor the
grievant may present the grievance in writing to the department head
within five (5) days. The department head will respond in writing within
ten (10) days.
D. Level IV- If the grievance is not resolved by the department head, the
grievant may present the grievance in writing to the City Manager within
five (5) working days. The City Manager or designee will conduct an
informal hearing and render a decision. Each party shall have aright to
present witnesses and evidence at the hearing. The conclusions and
findings of this hearing shall be final.
IV. MATTERS EXCLUDED FROM THE GRIEVANCE PROCEDURE.
A. The grievance procedure is not intended to be used for the purpose of
resolving complaints, requests or changes in wages, hours or working
conditions.
• B. The procedure is not intended to be used to challenge the content of
employee evaluations or performance reviews.
C. The procedure is not intended to be used to challenge the merits of a
reclassification, lay -off, transfer, denial or reinstatement, of denial of a
step or merit increase.
D. The procedure is not intended to be used in cases of reduction in pay,
demotion, suspensions or a termination, but are subject to the formal
appeal process as outlined in Ordinance 586.
V. CONFERENCES
Grievants and City representatives, upon request, shall have the right to a
conference at any level of the grievance procedure.
WHEREAS, the City Council, by way of this Resolution issues its written determination
on the issues set forth above.
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby adopts and
•
approves the salary adjustments and benefits and terms and conditions of employment
modifications contained in the Last, Best, and Final Offer as set forth in numbers I through 10,
herein.
A'
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
f
PASSED, APPROVED AND ADOPTED this 5th day
(SEAL)
. APPROVED AS TO FORM:
Leland C. Dolley, City orney
2
of the City of El Segundo,
California
1995.
ATTACHMENT "A"
RESOLUTION #3936
!• • r ► •
This form is for those City employees who are incapacitated due to a catastrophic Illness
or injury and wish to benefit from a joint employer-employee administered employee-
donated catastrophic leave bank. To be eligible to participate in the program, it is foreseen
that an employee will use all of his /her accumulated leave balances because of
catastrophic Illness or injury; however, any hours donated may not be utilized a
it the
employee's leave balances are actually exhausted. un
The purpose of this form is ZM to be Intrusive into the personal life of any employee
goal is to obtain enough Information so that the decision to establish a catastr . The
ophic leave
bank for any given employee will be based on appropriate considerations. The intent is to
establish a catastrophic leave bank for those employees truly in need.
Name:
Date:
Job Title:
Department:
Please describe why you are requesting use of the catastrophic leave bank, including
specific information such as the nature of the catastrophe. (A doctor's excuse and /or
more pertinent information will be required by the Committee.)
How much donated time do you estimate you may need?
•
I agree to allow this information to be released to those employees wishing to donate their
accumulated time to me, as well as those people involved in the administration
of the program.
Signed by the Requesting Employee
Date
0
0
0
0
0
OIL-VASTROPHIC LEAVE
I POLICY
T0: Catastrophic Leave Bank Committee
FROM:
(Employee Name and Department)
DATE:
ATTACHMENT "A"
RESOLUTION x/3936
I understand that this donation of my accumulated time Is irrevocable, Should the
employee receiving the donation not use all of the donated time for the catastrophic illness
or injury, the balance will remain in a catastrophic leave bank to be administered by the
joint employer•employse Catastrophic Leave Bank Committee.
I understand that time may only be donated in increments of four hours or more,
1 understand that I cannot donate accumulated time which would reduce my total
accumulated vacation, compensatory time, and personal leave to less than 80 hours after
my donation.
I have read and understand all of the above and I freely and without restraint elect to
donate hours of time /leave to the Catastrophic Leave Bank.
NAME:
tplease print)
SIGNATURE:
DATE:
a�oc *wwuHOUe,.va,00c