CC RESOLUTION 3982RESOLUTION NO. 3982
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EL SEGUNDO, CALIFORNIA, APPROVING THE MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO,
CALIFORNIA, AND THE EL SEGUNDO POLICE OFFICER'S
ASSOCIATION.
WHEREAS, the City has met and conferred in good faith with representatives of
the El Segundo Police Officers' Association; and
WHEREAS, discussions which have taken place in the meet and confer
process have resulted in a mutually agreeable Memorandum of Understanding between the
City of El Segundo and this Association;
NOW, THEREFORE, be it resolved, by the City Council of the City of El
Segundo as follows:
SECTION 1. That staff is authorized to implement all terms and
conditions of the Memorandum of Understanding (entitled "Agreement ") between the City of
El Segundo and the El Segundo Police Officer's Association.
PASSED, APPROVED AND ADOPTED this 20th day of August 1996.
Sandra Jacoby, fAajor of the
City of EIS un
ATTEST:
r
gin�Morrtesew,
City Clerk (SEAL)
APPROVED AS TO FORM:
fiend- G none„ t44.-'
City Attorney
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CERTIFICATION
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. 3982 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 20th day of August, 1996, and the same was so passed and adopted by the
following vote:
AYES: Mayor Jacobs, Mayor ProTem Wernick, Councilwoman
Friedkin, and Councilman Weston, and Councilman Gordon
• NOES: None
ABSENT: None
ABSTENTION: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 21st day of August,
1996.
ora Freeman,
Deputy City Clerk of
the City of Ell Segundo,
California
(SEAL)
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AGREEMENTS �TURDA
BETWEEN THE
CITY OF EL SEGUNDO
AND THE
EL SEGUNDO POLICE OFFICERS' ASSOCIATION
1. The term of this MOU shall be one year, beginning on July 1, 1996, and ending on June 27, 1997.
2. The City and the Association shall meet throughout the term of this MOU to prepare a
Comprehensive MOU, which shall contain all ongoing agreements between the City and the
Association as set forth in MOUs from prior years.
3. The City shall engage in a two -year trial program to create a Pay for Performance ( "PFP ") Plan, in
accordance with a Letter of Agreement set forth as Attachment A.
4. The City shall place all employees on a four /ten plan work schedule in accordance with Letter of
Agreement set forth as Attachment B.
5. A layoff procedure shall be established in accordance with Attachment C.
6. A grievance procedure shall be established in accordance with Attachment D.
7. A catastrophic leave procedure shall be established in accordance with Attachment E.
8. A separate bank shall be established for the accumulation of shooting and physical fitness time off,
with a maximum accrual of fifty (50) hours. City has the option to pay the employee or increase
the time off bank for shooting and physical fitness bonus after 50 hours, with no payoff of accrued
time upon separation.
9. A separate bank shall be established for the accumulation of compensatory time off, with a
maximum accrual of eighty (80) hours. Upon the initial breakdown of the current time bank into
separate banks for shooting and physical and compensatory time off, the compensatory time bank
shall be credited first with the remainder credited to the fitness and shooting pay.
10. The City and the Association shall meet during the term of this MOU with the intention to create
a mutually agreed upon disability retirement procedure for safety employees.
11. The City and the Association shall meet and confer during the term of this MOU and beyond to
revise the City's merit system as set forth in the City's Municipal Ordinance.
12. The City shall implement any city -wide improvements to the dental benefit, to the Association.
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13. Adopt the terms of Resolution Number 3 93 6, adopted by the City on September 5, 1995, into the
MOU, modifying Catastrophic Leave and Grievance Procedure.
14. The City shall increase salaries by 4.8 percent for officers and 6 percent for Sergeants effective
July 20, 1996.
15. Establish a Maternity Policy, which permits the officer to transfer to a light duty assignment, at
any point during the pregnancy, with physician verification of a need for placement on a light duty
assignment. Additionally, the policy shall permit an officer, upon return from leave of absence, to
resume her previous assignment or bid on a position wherever possible.
For the: For the:
EL SEGUNDO POLICE OFFICERS'
Date
L159576.3
EL SEGUNDO
fines Morrison, City Manager
�J
Robert Hyland, Director of
Human Resources/Risk Management
ztLL41 G
Date
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ATTACHMENT A
LETTER OF AGREEMENT
BETWEEN THE
CITY OF EL SEGUNDO
AND THE
EL SEGUNDO POLICE OFFICERS' ASSOCIATION
I. This Letter of Agreement ( "Agreement ") is effective August 20, 1996. This Agreement is
entered into between the City of El Segundo ( "City ") and the El Segundo Police Officers'
Association ( "Association ") to establish a trial period for a Pay For Performance Plan (PFP),
which will provide a pool of money available for PFP equal to the amount of the Special
Assignment Pay, which is to be discontinued effective July 1, 1997, to employees who are eligible
for such increase at the end of each performance rating year, in conformance with the criteria set
forth in this Agreement.
II. The Special Assignment Pay shall be eliminated for all special assignments, except for
Canine and Motors special assignments, beginning July 1, 1997
III. The 1997 -1998 funds which are presently budgeted for Special Assignment Pay shall be
redirected to establish a fund for the PFP, to be distributed in "lump" sum amounts at the
conclusion of the 1997 -1998 fiscal year, but no later than July 31, 1998.
IV. Employees who have graduated to the "E" step and have been off of initial probation for
one year, shall be eligible to receive the PFP "lump" sum payment at the end of the 1997 -1998
rating year.
V. The City and the Association shall meet between the effective date of this Agreement and
June 30, 1997 to establish the PFP upon which employees shall be rated for determination of
whether they shall receive the PFP "lump" sum payment at the conclusion of each rating year.
VI. An employee who receives the PFP "lump" sum payment shall receive a "lump" sum
payment at the end of the rating year for having achieved the PFP criteria during that rating year.
VII. The PFP "lump" sum payment range shall be between 3 percent and 5 percent of an
employees base pay for the year, depending upon the number of employees who are eligible for
PFP by having met the criteria for the "lump" sum payment. All employees who receive a PFP
"lump" sum increase shall receive an equal percentage increase, between 3 percent and 5 percent.
Any money not distributed shall roll over into the following PFP rating year.
VIII. This Agreement shall terminate on 12:00 a.m. (midnight) on June 30, 1998 or earlier if the
City and the Association are unable to reach agreement on a PFP by June 30, 1997. Upon
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expiration of this Agreement, the City shall reinstate Special Assignment Pay in the manner it was
in effect immediately prior to entering this Agreement.
IX. Prior to January 1, 1997, the City shall request from PERS an opinion as to whether the
PFP "lump" sum payment is subject to City contributions to PERS.
For the:
EL SEGUNDO POLICE OFFICERS'
Date
,0158899.4
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For the:
EL SEGUNDO
Morrison, City
Robert Hyland, Director ofCJ
Human Resources/Risk Management
gJ .
t L, 9,C=5�
Date
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0
LETTER OF AGREEMENT
BETWEEN THE
CITY OF EL SEGUNDO
AND THE
EL SEGUNDO POLICE OFFICERS' ASSOCIATION
ATTACHMENT B
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I. This Letter of Agreement ( "Agreement ") is entered into this 20th day of August 1996. This
Agreement is entered into between the City of El Segundo ( "City ") and the El Segundo Police
Officers' Association ( "Association ") to establish a trial period for the four (4) day per week, ten (10)
hour per day work schedule (4/10 work schedule) for all of the employees represented by the
Association. The City and the Association are agreeable to a two year trial period of the 4/10 work
schedule.
II. The 4/10 work schedule shall be implemented for all employees who are represented by the
Association, the payroll period following the ratification of the 1996 -1997 MOU between the City
and the Association.
III. This Agreement shall terminate on 12:00 a.m. (midnight) on the 30th of June, 1998, or upon
the mutual declaration of the City and Association of an inability to reach agreement on the terms for
implementation of the Pay for Performance Plan, as set forth in a separate letter of agreement,
between the City and the Association. Upon the expiration of this Agreement, the City shall return to
the schedule and bidding practices which were in effect immediately prior to entering this Agreement.
For the: For the:
EL SEGUNDO POLICE OFFICERS'
Date .�
LAX2:158636.2
EL SEGUNDO
�mes Morrison, City Manager
Robert Hyland, Director o
Human Resources/Risk Management
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ATTACHMEN Prl?y
LAYOFF PROCEDURE
FOR THE
EL SEGUNDO POLICE DEPARTMENT
Grounds for Layoff -Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce, an employee may be laid off, reduced in classification
or displaced by another employee. Such layoff, reduction or displacement shall result
from action of the City Manager or his designee. The City Manager shall recommend to
the City Council each classification to be affected by any such change.
2. 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.
3. 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 employee and employees designated
at -will. The promotional probationary employee shall revert to his/her previously held
classification and position without loss of seniority.
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 Section 7. Seniority for part-time employees shall
be calculated as one -half (1/2) time from the date of hire with the City.
5. Breaking Ties - In cases where two or more employees have the same date of hire (i.e.
equal seniority), retention points for job performance shall be credited on the basis of the
average of the overall evaluation ratings for the last three (3) years, provided the last
rating had been filed in at least thirty (30) days prior to the date of the layoff notice.
Retention points areas follows:
Above Standard - 24 points
Standard - 12 points
Below Standard - 0 points
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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
a sufficient number of performance evaluations on file, ties shall be broken by a coin toss.
6. Reduction to a Vacant Position - An employee designated for layoff as a result of
abolition of a position or classification may be offered appointment to a vacant position in
a lower classification, if the employee is qualified by education and/or experience for such
position. If there is more than one qualified employee to be offered such appointment(s),
the offer(s) shall be based on seniority, with the employee with the highest seniority
offered the position first, then the next highest seniority, etc. If the employees have the
same seniority, then the procedure for breaking ties set forth above shall apply. An
employee accepting such appointment shall be placed on the step for the lower
classification most closely corresponding, but in no case higher, than the salary step of
his /her previously held position, and the employee will be assigned a new salary
anniversary date on the effective date of the appointment.
7. Displacement Rights
A. An employee designated for layoff as a result of abolition of a position or
classification may displace ( "bump ") an employee in a lower classification in which
the employee has prior service, provided the laid off employee has greater seniority
than the employee in the lower classification.
B. An employee designated for layoff with greater seniority may displace ( "bump ") a
less senior employee in a lower classification, for which he /she is immediately
qualified to perform.
8. 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.
9. Reemployment List - The names of permanent employees who have been laid off under
this section (including employees who have bumped down) shall be placed, in order of
seniority from highest to lowest, on a reemployment list for their classification or any
lower classification for which the employee is qualified by education and/or experience.
Persons on such lists shall retain eligibility for appointment therefrom for a period of three
years from the date their names were placed on the list. As a vacancy within a
classification or lower related classification becomes available, the name appearing at the
top of the list shall be offered the opportunity to fill the vacancy. The name of an
individual selected from the list to fill the vacancy who refuses the reemployment offer
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shall be permanently removed from the reemployment -TI[NM
P Y p yment list without right of appeal. Laid-
. off employees do not earn seniority credit or benefits while on the reemployment list.
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10. Letter of Layoff - The City shall provide all employees who were laid off from the City a
service letter setting forth that the employee was laid off and is eligible for reemployment.
Those employees who were displaced to lower positions will be granted, upon the
employee's request, a letter from the City stating the employee was reduced in status as a
result of a layoff and is eligible for reemployment to the higher level position.
11. Rights on Reemployment - If a person is reemployed by the City within three years, the
employee's seniority, sick leave and vacation accrual rates shall be reinstated. Any
accumulated sick leave and/or vacation earnings shall also be reinstated to the extent that
the employee did not receive compensation for such earnings at the time of layoff. Upon
reemployment, employees will be placed on the same salary step held at the time of layoff.
12. Appeal - An employee who 1) has not been provided a letter of layoff, per Section 10, the
employee shall be treated as if he /she had been terminated for disciplinary purposes and
shall be permitted to appeal the decision per the Disciplinary Appeal Procedure; or 2) has
not been provided proper bumping or displacement rights, may file an appeal to the
Director of Human Resources/Risk Management.
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ATTACHD1ENT D
GRIEVANCE PROCEDURE
FOR THE
EL SEGUNDO POLICE DEPARTMENT
I. Definition of Terms:
A. Grievan - 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 specific provision
of a Memorandum of Understanding.
B. Grievan t - A grievant is an employee or group of employees adversely
affected by an act or omission of the agency.
C. Day - A day is a business day (Monday - Friday).
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 the appeal provided in each
level shall begin the day following receipt of a written decision or appeal by
the parties.
C. Failure to Meet 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 grievant in accordance with the time limits, the decision last
made by the City shall be deemed final.
M. Procedure:
Grievances will be processed following the procedures set forth below.
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A. bevel I - Within ten days of the date the employee reasonably knew or should
have known of the incident giving rise to the grievance, the employee should
make an effort to resolve the grievance informally with the employee's
immediate supervisor. The supervisor shall hold discussions and attempt to
resolve the grievance within five (5) days.
B. Level II - If the grievance is not resolved at Level I, the grievant may submit
a written grievance to the second level supervisor within five (5) days
following the expiration of time at Level I.
1. Procedure for Filing a Grievance - In filing a grievance, the employee
should set forth the following information:
a. If possible, the specific section of the departmental or agency
rules or regulations allegedly violated, misinterpreted or
misapplied.
b. The specific act or omission which gave rise to the alleged
violation, misinterpretation or misapplication.
C. The date or dates on which the violation, misinterpretation or
misapplication occurred.
d. The documents, witnesses or other evidence which support the
grievant's position, which are known to the grievant at the time
of filing the grievance, shall be presented with the grievance and
may be supplied after the initial filing of the grievance.
e. The remedy requested.
C. Level III - If the grievance is not resolved by the second level supervisor, the
grievant may present the grievance in writing to the department head within
five (5) days. The department head will respond in writing within ten (10)
days.
D. Level IV - If the grievance is not resolved by the department head, the
grievant may present the grievance in writing to the City Manager within five
(5) working days. The City Manager or designee will conduct an informal
hearing and render a decision. Each party shall have the right to present
witnesses and evidence at the hearing. The conclusions and findings of this
hearing shall be final.
IV. Matters Excluded from the Grievance Procedure:
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A. The grievance procedure is not intended to be used for the purpose of r�tt�ilt}
addressing requests or changes in wages, hours or working conditions.
B. The procedure is not intended to be used to challenge the content of employee
evaluations or performance reviews beyond the department head.
C. The procedure is not intended to be used to challenge the merits of a
reclassification, layoff, transfer, denial of reinstatement, or denial of a step or
merit increase.
D. The procedure is not intended to be used in cases of reduction in pay,
demotion, suspensions or a termination, but are subject to the formal appeal
process 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.
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ATTACHMENT E
CATASTROPHIC LEAVE BANK POLICY
FOR THE
EL SEGUNDO POLICE DEPARTMENT SWORN EMPLOYEES
I. Definition of a Catastrophic Illness or Injury:
A catastrophic illness or injury is a chronic or long -term health condition that is
incurable, or so serious that, if not treated, would likely result in a long period of
incapacity.
IL Eligible Employees for Donation and Program Usage:
A. Any permanent full-time or part -time sworn employees must donate 6.00 hours
of either sick leave, vacation or compensatory leave time, per year, to the
catastrophic leave bank, until 1,000 hours have been contributed to the
catastrophic leave bank. Employees may donate additional time to the
catastrophic leave bank by completing a Catastrophic Leave Time Donation
Request Form prior to donating more accumulated leave time. Employees, or
their designated representative, requesting use of the leave bank must complete
a Rye uest to Receive Catastrophic Leave Time Form as soon as possible prior
• to, or within a reasonable time frame after, catastrophic illness or injury.
Completed forms must be submitted to the Director of Human Resources /Risk
Management or his/her designee.
B. Forms are available from the Human Resources Department. The Human
Resources Department will maintain all Catastrophic Leave Policy materials.
M. Policy Procedures:
A. Administration - This bank will be administered by a joint
employer /employee committee composed of two (2) representatives from the
El Segundo Police Officers' Association, one (1) from the Human Resources
Department and one (1) from the Finance Department. The Catastrophic
Leave Bank cap shall be 1,000 hours.
B. Donation Requests - In addition to the July 1 mandatory donation, eligible
employees may transfer additional accrued sick leave, vacation or
compensatory leave time for donation to an employee, or employees
experiencing catastrophic illness /injury and who have exhausted all other
personal leaves. Donated time can only be made in increments of four (4)
hours. Additionally, employees shall designate whether their 6.00 hour
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contribution made to the catastrophic leave bank shall be made from the sick,
vacation or compensatory leave banks. Should recipient employees not use
all their allocated donated time, any balance will remain in the bank for future
utilizations.
C. Transfer requests will be reviewed by the Catastrophic Leave Committee for
approval and for verification that the donating employee maintains the required
minimum 120 leave hours after his or her donation.
D. Donations of accumulated time are irrevocable.
E. Catastrophic leave shall not be used to supplement leaves due to industrial
injuries or illness. However, catastrophic leave may be used to supplement
long -term disability benefits.
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