CONTRACT 3288 - PERM Memorandum of Understanding CLOSED32 88 -,
COMPREHENSIVE MEMORANDUM
OF
UNDERSTANDING
POLICE MANAGERS `ASSOCIATION
JULY 19 2003 - JUNE 309 2008
Page 1 of 27
32 8 8 - . . ,.
TABLE OF CONTENTS
ARTICLE 1
GENERAL PROVISION:
Section
1.01
Preamble
Page
7
Section
1.02
Management Rights
Page
7
Section
1.03
Savings Clause
Page
8
Section
1.04
No- Strike Clause
Page
8
Section
1.05
Association Dues Deduction
Page
8
Section
1.06
Association Hearing Cost Contribution
Page
8
Section
1.07
Completion of Meeting and Negotiating
Page
8
Section
1.08
Non - Discrimination
Page
9
ARTICLE 2
SALARY:
Section
2.01
Salary
Page
9
Section
2.02
Salary Schedule Calculation Metholodology
Page
10
Section
2.03
Step Advancement — Accelerated
Page
10
Section
2.04
Notice Requirement to Withhold Step Increase
Page
11
ARTICLE 3
EDUCATIONAL INCENTIVE PAY:
Section
3.01
Educational Compensation
Page
11
ARTICLE 4
TUITION AND BOOK REIMBURSEMENT PROGRAM:
Section
4.01
Policy and Eligibility
Page
11
Section
4.02
Undergraduate Studies ,9
Page
11
Section
4.03
Post- Graduate Studies
Page
11
Section
4.04
Tuition Reimbursement Program -
Page
12
Effective August 1, 2003
Section
4.05
Certification Requirement for
Page
12
Educational Compensation
ARTICLE 5
PROMOTIONS:
Section
5.01
Salary Differential upon Promotion
Page
12
ARTICLE 6
NO- SMOKING CLAUSE:
Section
6.01
Establishment
Page
13
Page 2 of 27
w rte;
ARTICLE 7
OVERTIME COMPENSATION:
Section
7.01
Pay for Shift Schedule
Page
13
ARTICLE 8
PHYSICAL FITNESS INCENTIVE PROGRAM:
Section
8.01
Purpose
Page
13
Section
8.02
Department Policy
Page
13
Section
8.03
Program Components
Page
13
ARTICLE 9
COMPREHENSIVE MEDICAL EVALUATION:
Section
9.01
Annual Examination
Page
14
ARTICLE 10
EXECUTIVE LEAVE:
Section
10.01
Entitlement
Page
14
ARTICLE 11
COMPENSATORY TIME:
Section
11.01
Maximum Accrual
Page
15
Section
11.02
Shooting and Physical Fitness Bank -
Page
15
Maximum Accrual
Section
11.03
Firearms Qualification
Page
15
ARTICLE 12
HOLIDAY LEAVE:
Section
12.01
Holidays
Page
15
Section
12.02
Personal Leave /Floating Holiday
Page
16
Section
12.03
Holiday Pay
Page
16
ARTICLE 13
SICK LEAVE:
Section
13.01
Sick Leave — Leave With Pay Due to
Page
16
Illness — Accumulation of Same
Section
13.02
Sick Leave Accumulated for Physical
Page
16
Examination
Section
13.03
Sick Leave — Payment of One -Half of Accrual
Page
16
Section
13.04
Sick Leave Accrued — Payment on
Page
16
Termination Prior to December 1
Section
13.05
Payment of Sick Leave Accrual -
Page
17
Disability Retirement
Section
13.06
Payment of Sick Leave Accrual — After 20
Page
17
Years of City Service
Page 3 of 27
32 8 8
Section
13.07
Payment of Sick Leave Accrual — Death of
Page
17
Employee
Section
13.08
Sick Leave Accrued — Payment of On
Page
17
Separation From The City of El Segundo
Section
13.09
Sick Leave Accumulated for Care of
Page
17
Immediate Family
ARTICLE 14
VACATION LEAVE:
Section
14.01
Vacation Time Use
Page
17
Section
14.02
Vacation Accrual Schedule
Page
17
Section
14.03
Vacation Accrual Based on Total Service
Page
18
In a PERS or Comparable Agency
Section
14.04
Vacation Time Accrual — Payment in Lieu Of
Page
18
Section
14.05
Vacation Time Accrual — For Temporary
Page
18
Industrial Disability
ARTICLE 15
BEREAVEMENT LEAVE:
Section
15.01
Bereavement Leave With Pay
Page
18
ARTICLE 16
JURY DUTY:
Section
16.01
Provision
Page
18
ARTICLE 17
EXCEPTIONAL LEAVE:
Section
17.01
Provision
Page
18
ARTICLE 18
PERSONAL EMERGENCY LEAVE:
Section
18.01
Personal Emergencies — Use of Eligible Leaves
Page
19
ARTICLE 19
HEALTH BENEFITS:
Section
19.01
Flexible Benefit Plan
Page
19
Section
19.02
Flexible Benefit Plan — City Contribution
Page
19
Section
19.03
Payment of Employee Contribution to PERS
Page
19
On Flexible Pay Benefit
Section
19.04
Medical Contract
Page
19
Section
19.05
City Medical Contribution
Page
19
Section
19.06
Optical, Dental and Life Insurance
Page
20
Section
19.07
Employee Assistance Program (EAP)
Page
20
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Section 19.08
Medical Insurance Continuation —
Page
20
On Duty Death
ARTICLE 20
UNIFORMS AND SAFETY EQUIPMENT:
Section 20.01
Provision of Uniforms and Safety Equipment
Page
20
Section 20.02
Uniform Cleaning Allowance
Page
21
ARTICLE 21
RETIREMENT BENEFITS:
Section 21.01
PERS Retirement Formula
Page
21
Section 21.02
PERS Pickup Reported as "Compensation
Page
21
Earnable"
Section 21.03
Optional Contract Provisions
Page
21
Section 21.04
Retiree Health Insurance Contribution Program
Page
21
ARTICLE 22
DIRECT DEPOSIT AND FLEXIBLE SPENDING ACCOUNT:
Section 22.01
Direct Deposit
Page
21
Section 22.02
Flexible Spending Account
Page
22
ARTICLE 23
COMPUTER LOAN PROGRAM:
Section 23.01
Initial Loan
Page
22
ARTICLE 24
DEFERRED COMPENSATION:
Section 24.01
Deferred Compensation Plan (457)
Page
22
Section 24.02
Deferred Compensation Plan (401 A)
Page
22
ARTICLE 25
CATASTROPHIC LEAVE PROGRAM:
Section 25.01
Purpose
Page
22
Section 25.02
Definition
Page
22
Section 25.03
Procedures
Page
22
ARTICLE 26
LAYOFF PROCEDURES:
Section 26.01
Grounds for Layoff
Page
23
Section 26.02
Notice to Employees
Page
23
Section 26.03
At -Will Employees
Page
23
Section 26.04
Procedures for Layoff
Page
23
Section 26.05
Breaking Ties
Page
23
Page 5 of 27
Section
26.06
Reduction to a Vacant Position
Page
23
Section
26.07
Displacement Rights
Page
24
Section
26.08
Salary Placement
Page
24
Section
26.09
Reemployment List
Page
24
Section
26.10
Letter of Layoff
Page
24
Section
26.11
Rights on Reemployment
Page
24
Section
26.12
Appeal
Page
24
ARTICLE 27
GRIEVANCE PROCEDURES:
Section
27.01
Definition of Terms
Page
25
Section
27.02
Time Limits
Page
25
Section
27.03
Procedure
Page
25
Section
27.04
Matters Excluded From The
Page
26
Grievance Procedure
Section
27.05
Conferences
Page
26
ARTICLE 28
TEMPORARY SERVICE IN HIGHER CLASSIFICATION:
Section
28.01
Acting Pay
Page
26
ARTICLE 29
POLICIES:
Section
29.01
Occupational Injury and Illness Policy
Page
26
Section
29.02
Disability Retirement Policy
Page
26
Section
29.03
Fitness for Duty Policy
Page
27
ARTICLE 27
TERM OF AGREEMENT
Section
30.01
Term
Page
27
Page 6 of 27
EL
ARTICLE 1 GENERAL PROVISIONS:
Section 1.01 Preamble
ERSTANDING
ERS' ASSOCIATION,
1- CALIFORNIA
This Memorandum of Understanding 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 Memorandum of Understanding is a
comprehensive statement of agreed -upon wages, hours and other terms and conditions of
employment.
D. Unless otherwise provided for herein, all terms and conditions described herein shall be effective
upon adoption of the MOU by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this Memorandum of Understanding, the
City hereby retains and reserves unto itself all rights, powers, authority, duty, and responsibilities
confirmed on and vested in it by the laws and the Constitution of the State of California and/or
United States of America.
B. The management and the direction of the work force of the City is vested exclusively in the City,
and nothing in this Memorandum of Understanding is intended to circumscribe or modify the
existineright 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.
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Section 1.03 Savings Clause
If any provision or the application of any provision of this Memorandum of Understanding shall be
rendered or declared invalid by any final court action or decree, or by reason of any preemptive
legislation, the remaining sections of this memorandum shall remain in full force and effect for the
duration of said memorandum.
Section 1.04 No- Strike Clause
A. The El Segundo Police Managers' Association agrees that during the term of this Memorandum of
Understanding their members employed by the City of El Segundo will not strike or engage in any
work stoppage or slowdown, engage in any concerted failure to report for duty, or fail to perform
their duties in whole or in part for the purpose of inducing, influencing, or coercing a change in
the conditions, or compensation, or the rights, privileges, or obligations of employment.
B. The Association also agrees that their members employed by the City of El Segundo will not
refuse to cross a picket line in performance of their normal and customary duties, nor will the
aforementioned employee organization attempt to influence, either directly or indirectly, other
employees to honor an existing picket line in the performance of their normal and customary
duties as employees.
C. It is understood that any employee violating this provision may be subject to discipline up to and
including termination by the City.
D. It is understood that in the event this provision is violated the City may be entitled to withdraw
any rights, privileges or services provided for in this Agreement or in City policy from any
employee and/or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all employees who subscribe to Association membership;
B. Provide official payroll deductions for City- approved Association insurance and welfare plans,
not to exceed five programs.
Section 1.06 Association Hearing Cost Contribution
Commencing on July 1, 2003, the Association will pay for one -half of the costs incurred in connection
with Los Angeles County Civil Service Commission hearings to a maximum of $3,000 per calendar
year.
Section 1.07 Completion of Meeting and Negotiating
A. This Memorandum of Understanding 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 Agreement, 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 Agreement.
B. The wages, hours, benefits and other terms and conditions of employment covered by this
Memorandum of Understanding, 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 Memorandum of Understanding, although not specifically referred to by this Memorandum of
Understanding, shall constitute the wages, hours, benefits and other terms and conditions of
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employment for the term of this Memorandum of Understanding.
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 1.08 Non - Discrimination
A. The Association and the City recognize and agree to protect the rights of all employees to join
and/or participate in protected Association activities or to refrain from j oining or participating in
Association activities.
B. The Association and the City agree that they shall not illegally discriminate against any employee
because of race, color, sex, age, national origin, political or religious opinions or affiliations and
shall act affirmatively to accomplish equal employment opportunities for all employees. The
Association and the City shall reopen any provision of this Agreement for the purpose of
complying with any final order of a Federal or State agency or court of competent jurisdiction
requiring a modification or change in any provision or provisions of this Agreement in
compliance with State or Federal anti - discrimination laws.
ARTICLE 2 SALARY:
Section 2.01 Salary
A. Police Captains and Lieutenants
1. Salary tables for Police Captains and Police Lieutenants, reflecting a 3% salary increase,
effective July 1, 2003, are depicted on Attachment A of the Memorandum of Understanding.
2. Effective July 1, 2004, the salary schedule will be increased by 3.0 %.
3. Effective July 1, 2005, the salary schedule will be increased by 4.0 %.
4. Effective July 1, 2006, the salary schedule will be increased by 5.0 %*
5. Effective July 1, 2007, the salary schedule will be increased by 5.0 %*
* subject to Article 19, Section 19.05, these salary increases may be decreased to offset the
cost of the medical insurance premiums. (See Article 19, Section 19.05)
B. Contingency Increases
Subject to the provisions of Article 19, Section 19.05 below, the salary schedule may
increase by as much as 10% (in the aggregate) over the last 4 years of the contract. Such
increases are contingent upon new business license revenues and new net sales tax revenues
(collectively "New Revenues "). New Revenues are defined as business license revenues and
sales tax revenues generated from businesses entering and doing business in the City for the
first time after September 30, 2003 and does not include:
a. Businesses doing business in the City as of September 30, 2003 that expand or
transfer locations within the City or consolidate their business from locations
outside the City to within the City;
b. New businesses that are formed after September 30, 2003 but are controlled or
owned (majority interest) by businesses located in the City as of September 30,
2003; or
c. Mergers and acquisitions that in anyway involve businesses that were located
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F' 6
in the City as of September 30, 2003 even if the resulting entity is an entity that
was not located in the City as of September 30, 2003.
Additionally, financial incentives of any type whatsoever to any business generating
New Revenues and payments the City is required to make to any entity based upon the
providing of such incentives shall be deducted from the New Revenues for purposes of
determining the amount of revenues eligible for the contingent payments contemplated
hereunder.
New sales tax revenue will be determined by confirming with the City's sales tax consultant a
list of new sales tax producers generated after September 30, 2003 and evaluated at the end
of each fiscal year. For purposes of this Agreement "new sales tax producers" shall mean the
same thing as new businesses, as described above. Any new sales tax counted toward the
10% contingency will be net of any revenue or offsetting costs that may be required by, or as
a part of, a development or other tax sharing agreement. The Association agrees that it will
not interfere with or otherwise impede the City's ability to enter into a tax sharing/reduction
agreement or similar arrangement with new businesses.
2. The revenue contained in the contingency pool is cumulative and any eligible revenue
generated beginning in year one of this Agreement will be designated to the contingency pool
over the term of the contract.
3. Employees are eligible to receive salary increases beginning in the second year of this
Agreement. The unit will receive a 1 % salary increase for each $120,000 in increased new
revenue (as described above); provided however, that pursuant to Article 19, Section 19.05,
the first .83% of contingency money will be used to offset the cost of anticipated medical
insurance premium increases. For example, if the new revenue by the second year is
$240,000, the unit will receive a 1.17% salary increase; if the new revenue by the second
year is $60,000, the unit will receive no salary increase and third year revenues will have to
be more than $39,600 (.33 %) in order to generate a salary increase for the unit).
Increases will be pro- rated, as necessary. The determination regarding funding for these
increases will be made following the receipt of revenue figures for the applicable fiscal year.
4. The maximum salary increase that can be generated by this contingency formula is capped
at 4.0% each year beginning with the October 2004 payment date. There will be no cap for
the year ending October 2008, provided however, that the cumulative maximum contingency
payment for the time period October 1, 2004 through October 1, 2008 may not exceed 10 %.
Although contingency increases, if any, will be effective on the first day of the first pay
period in October of each year (beginning October 2004 and ending October 2008), the
actual payment may be delayed due to the need to determine available funding (see above)
and the processing of the appropriate payroll documents.
Section 2.02 Salary Schedule Calculation Methodology
The phrase "total pay" as used herein is the sum of gross regular pay and deferred pay calculated in
dollars and cents rounded off 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 2.03 Step Advancement - Accelerated
The Police Chief may recommend to the Director of Administrative Services for approval by the City
Manager that an employee receive an accelerated advancement of part or all of the next salary step
increase in the Basic Salary Range (A — E Steps) based on exemplary job performance. The
accelerated salary advancement shall not change the affected employee's anniversary date.
Page 10 of 27
sL88 ..
Section 2.04 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this agreement to provide employees written
notice of the intent to withhold a salary step increase and the reasons for same no later than the end of
the pay period which begins after the employee's anniversary date.
ARTICLE 3 EDUCATIONAL INCENTIVE PAY:
Section 3.01 Education Compensation
Police Captains and Police Lieutenants, upon obtaining a Master's Degree from an accredited college
or university, shall receive educational incentive compensation in an amount equal to 8% of base
salary per month.
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM:
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all unit
members:
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree)
A. The City shall reimburse each affected employee in an amount equal to 100% of tuition and book
expenditures incurred while employed by the City and while a student at any accredited college or
university having its campus in the State of California. However, the tuition reimbursement
described herein, shall not exceed the per -unit tuition cost required by the University of California
or California State University, whichever is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes
approved pre - enrollment by the Chief of Police or his/her designee.
Section 4.03 Post - Graduate Studies (Post- Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post - graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
pursuing said studies at the University of California or California State University;
B. The City shall reimburse each affected employee pursuing post - graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies;
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where classes
are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
Section 4.04 Tuition Reimbursement Program — Effective August 1, 2003.
A. The City will reimburse each applicable employee for the cost of undergraduate and graduate
education, in an amount not to exceed 100% of the cost of tuition and book/supplies at UCLA or
UCI, whichever is higher. All employees who are enrolled in graduate or undergraduate programs
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as of August 1, 2003, shall be permitted to complete their respective graduate or undergraduate
degrees under the terms of the former Tuition Reimbursement program (See Sections 4.02 and
4.03 above).
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript from an accredited institution having its campus in the State of California,
evidences the employee attaining a grade of "C" or better (or where classes are taken "pass /fail,"
evidence must be provided of a "pass" grade) in classes approved pre - enrollment by the Chief of
Police or his/her designee.
Section 4.05 Certification Requirement for Educational Compensation
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."
Employee Separation
Percentage Payback
1 month after course completion
100% refund
2 months after course completion
100% refund
3 months after course completion
90% refund
4 months after course completion
80% refund
5 months after course completion
70% refund
6 months after course completion
60% refund
7 months after course completion
50% refund
8 months after course completion
40% refund
9 months after course completion
30% refund
10 months after course completion
20% refund
11 months after course completion
10% refund
12 months after course completion
0% refund
ARTICLE 5 PROMOTIONS:
Section 5.01 Salary Differential upon Promotion
In all cases where an employee is promoted to a classification regulated by this Memorandum of
Understanding for which a higher rate of compensation is provided, then such employee so promoted
shall enter into such higher classification at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent the base rate of compensation, excluding
special assignment pay, received by said employee in such given classification at the time of such
promotion, unless otherwise ordered by the City Council. All supervisors shall be paid a higher base
salary than any of their regularly assigned subordinated (exclusive of longevity pay, educational
incentive pay, special assignment, or any other form of compensation). 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 (exclusive of longevity pay, educational incentive
pay, special assignment or any other form of compensation) 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 he /she is eligible by length of service
and performance.
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3288 . L
ARTICLE 6 NO- SMOKING CLAUSE:
Section 6.01 Establishment
All personnel employed on or after July 1, 1988, shall, as a condition of initial and continued
employment, refrain from smoking and/or using tobacco products at any time on or off duty.
ARTICLE 7 OVERTIME COMPENSATION:
Section 7.01 Pay for Shift Schedule
Police Lieutenants shall be paid time and one -half rates for time worked on shift basis in excess of
their regular work shift, in any one day or more than forty hours per week, excluding hours worked
involving hold -over for non -shift work, or work due to staff meetings or training.
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM:
Section 8.01 Purpose
It is the purpose of the El Segundo Police Department Physical Fitness Program to improve the level
of physical fitness and health among sworn police personnel so that their field performance will be
enhanced and also to improve their overall degree of wellness as an enrichment to their personal lives
as well as a productivity benefit to the City.
Section 8.02 Department Policy
It will be the policy of the Police Department to work with 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.
Section 8.03 Program Components
The Physical Fitness Program will consist of two basic components; they are a fitness examination and
a fitness assessment.
A. Fitness Examination:
The examination will be comprehensive and will include the cardio - vascular system, the
pulmonary function, a complete blood work -up, body composition analysis, and the lower
digestive tract as well as a strength assessment. It will also include a complete medical history
review with a physician and a subsequent review of the findings as well as an exercise /nutritional
prescription.
B. Fitness Assessment:
1. The fitness assessment is the voluntary component of the program and will be administered
by a department fitness coordinator and fitness committee.
2. The assessment will be a test to measure components of physical fitness which are:
a. Cardio - vascular
b. Strength
c. Body composition
d. Flexibility
Page 13 of 27
The assessment will be administered quarterly and will apply standards developed and used
by the Cooper Aerobics Institute, Dallas, Texas, and will include sliding scales based on age
and sex.
3. A profile will be developed following assessment which will categorize participants into
levels of fitness. Incentive provisions would then reward participants depending upon their
fitness level.
4. Rewards would also be available for significant achievements and improvements. These
rewards will be in the form of T- shirts, sports bags, sporting equipment and other similar
incentives. It is thought that these types of rewards could be influential in maintaining
interest and enthusiasm in those participants who would not otherwise qualify for fitness
achievement categories.
Police Captains and Police Lieutenants will receive paid time off for physical fitness as follows:
Fitness Level
Time Off per Quarter
(3 Calendar Months)
-
Fair
4 hours
Good
8 hours
Excellent
16 hours
ARTICLE 9 COMPREHENSIVE MEDICAL EVALUATION:
Section 9.01 Annual Examination
Police Lieutenants and Police Captains are provided a fully -paid, comprehensive medical examination
each year. The City currently utilizes the Westchester Medical Group /Center for Heart and Health for
the examinations. The results of the examination include extensive written documentation and
feedback, fitness consultation, recommended further testing and/or adjustments to current lifestyle
practices and ongoing monitoring.
ARTICLE 10 EXECUTIVE LEAVE:
Section 10.01 Entitlement
Police Lieutenants and Police Captains shall be granted not less than 24 hours and not more than forty
hours executive leave with pay per calendar year which may be used for personal business, attendance
at educational courses, or for additional vacation. Employees receive a minimum of three days per
year. In addition, those employees in positions which require more than 40 hours' service annually at
times other than their normal duty hours, shall be granted up to two additional executive leave days
with pay if not otherwise directly compensated. The Police Chief shall determine the number of
authorized executive leave days (3, 4 or 5) employees are entitled to receive and allow said employees
to use executive leave only in proportion to number of overtime hours he or she actually works.
Partial year's service in a position shall cause executive leave to be prorated as follows:
Complete Months'
Service in Calendar
Executive Leave Days ( *) Eligible For
Year
3 per yea 4 perms 55per year
1
0
0
0
2
0
0
1
3
1
1
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Personnel may not accrue executive leave beyond each calendar year in which it is earned.
* A day equals 8 hours.
ARTICLE 11 COMPENSATORY TIME:
Section 11.01 Maximum Accrual
A separate bank shall be established for the accumulation of compensatory time off, with a maximum
accrual of eighty (80) hours. The time bank shall be divided into separate banks for shooting and
physical and compensatory time off and the compensatory time bank shall be credited first with the
remainder credited to the fitness and shooting pay.
Section 11.02 Shooting and Physical Fitness Bank - Maximum Accrual
A separate bank shall be established for the accumulation of shooting and physical fitness time off,
with a maximum accrual of fifty (50) hours. Employees exceeding the maximum allowable accrual
will receive pay in lieu of compensatory time. There is no payoff of accrued time upon separation
from employment.
Section 11.03 Firearms Qualification
Police Lieutenants and Police Captains will receive paid time off for firearms qualification as follows:
Class
Distinguished Expert
Expert
Sharpshooter
Marksman
Qualifying
ARTICLE 12 HOLIDAY LEAVE:
Section 12.01 Holidays
Time Off for Proficiency
ner Ouarter (3 Calendar Months
8 hours
6 hours
4 hours
2 hours
0 hours
Police Captains shall be entitled to the following holidays:
January I"
The third Monday in February
The last Monday in May
July 4`h
The first Monday in September
November 11th
Thanksgiving day and Friday thereafter
December 24`h
December 25th
December 31"
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provided, however, (a) that in the event any of the hereinbefore mentioned holidays falls on the last
day an employee is off on his or her regular days off period, the following day shall be observed as a
holiday for the purpose of this section; provided, further, however, (b) that in the event any of the
hereinbefore mentioned holidays falls on the first day of an employee's regular days off period, the
previous day shall be considered as a holiday for the purpose of this section. Notwithstanding the
above, this provision does not apply to Police Lieutenants who receive pay in lieu of time off for
holidays.
Section 12.02 Personal Leave/Floating Holiday
In addition to the holidays enumerated in Section 10.01, each Police Captain who has completed six
(6) months of service shall be entitled to select one (1) day per calendar year as a Personal
Leave/Floating Holiday with the approval of the Police Chief after a minimum of seven (7) days prior
notice. Notwithstanding the above, this provision does not apply to Police Lieutenants who receive pay
in lieu of time off for holidays. The City may, at its discretion, grant additional hours of leave which
may be utilized in the calendar year in which it is granted.
Section 12.03 Holiday Pay
Police Lieutenants shall be paid for 96 hours in lieu of holidays once a year on or about the 10th day of
December. In the event of the death of an employee or upon separation from service, employees shall
be paid holiday pay on a pro -rata basis. Additionally, employees serving as Lieutenants less than one
year shall be paid holiday pay on a pro -rata basis. Upon the employee's request and department head
approval, time off may be taken in lieu of holiday pay.
ARTICLE 13 SICK LEAVE:
Section 13.01 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. Employees shall accumulate sick leave at the rate of one eight -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 his or her accumulated credit.
Section 13.02 Sick Leave Accumulated for Physical Examination
The City will allow up to two days of accumulated sick leave each year to be used for purposes of
physical examinations, subject to submission of a doctor's verification.
Section 13.03 Sick Leave — Payment of One -Half of Accrual
Effective the first day of December of each year, employees who maintain a balance of 1056 hours of
sick leave accrual shall be paid for one -half the sick leave accumulated and not used during the
preceding twelve -month period. Payment shall be made on or before December 10.
Section 13.04 Sick Leave Accrued — Payment On Termination Prior to December 1
Employees who terminate prior to the first day of December while maintaining a balance of more than
1056 hours of sick leave shall also be paid for one -half of their unused accrued sick leave accumulated
since the preceding December 1.
Section 13.05 Payment of Sick Leave Accrual — Disability Retirement
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Upon separation from service because of a disability retirement, employees with 5 years of City
service will be compensated for 90% of the employee's accumulated unused sick leave at the
employee's current pay rate at separation.
Section 13.06 Payment of Sick Leave Accrual — After 20 Years of City Service
Upon separation from service, employees with 20 years of City service will be compensated for 90%
of the employee's accumulated, unused sick leave at the employee's current pay rate at separation.
Section 13.07 Payment of Sick Leave Accrual — Death of Employee
In the event a member of the Association, while in the City's employ, and who has been employed by
the City for 5 years or more in a full -time position, dies with unused sick leave to his or her credit, he
or she shall be compensated in an amount equal to eighty percent (80 %) of the value of such sick leave
based upon his or her salary at the time of death, without the inclusion of overtime pay or additional
compensation.
Section 13.08 Sick Leave Accrued — Payment of On Separation From The City of El Segundo
A Police Lieutenant or Police Captain who has been employed by the City for 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 the value of such sick leave based upon his or her current salary at the time of separation,
without the inclusion or overtime pay or additional compensation.
Section 13.09 Sick Leave Accumulated for Care of Immediate Family
The City shall allow up to twelve days of accumulated sick leave each calendar year to be used 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 the purpose of this section, "immediate family" shall mean the children, parents, grandparents, and
siblings of the employee, the employee's spouse or significant other.
All applicable sections of City Personnel Rules relative to the documentation and verification of sick
leave usage remain in full force and effect.
ARTICLE 14 VACATION LEAVE:
Section 14.01 Vacation Time Use
Employees shall accrue vacation time on a monthly basis. Vacation leaves may be taken only after the
employee has completed six months of continuous service with the City.
Section 14.02 Vacation Accrual Schedule
1. Twelve working days (96 hours) per year with full salary for first five years of continuous service
with the City.
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2. Fifteen working days (120 hours) per year with full salary after five years and until the completion
of ten years of continuous service.
3. Eighteen working days (144 hours) per year with full salary after eleven years and until the
completion of fifteen years of continuous service.
4. Twenty-two working days (176 hours) per year with full salary after fifteen years of continuous
service.
Section 14.03 Vacation Accrual Based on Total Service Time in a PERS or Comparable Agency
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.
Section 14.04 Vacation Time Accrual — Payment in Lieu Of
Employees who have completed one year of service may receive cash payment in lieu of accrued
vacation time up to a maximum of one hundred percent the annual accrual to which they are entitled by
length of service.
Section 14.05 Vacation Time Accrual — For Temporary Industrial Disability
Employees on temporary industrial disability may accrue vacation time for longer than two years.
ARTICLE 15 BEREAVEMENT LEAVE:
Section 15.01 Bereavement Leave With Pay
A. In the case of death in the immediate family of the employee or the employee's spouse, a
maximum of 24 hours bereavement leave with pay may be granted per incident. A maximum of
40 hours bereavement leave with pay may be granted per incident when the funeral/memorial
service is 500 or more miles from City Hall.
B. For the purpose of this section, immediate family shall mean the children, parents, grandparents,
and siblings of the employee, the employee's spouse or significant other.
ARTICLE 16 JURY DUTY:
Section 16.01 Provision
Absences of affected employees due to jury duty will be governed by City policies and procedures
applicable to employees in general.
ARTICLE 17 EXCEPTIONAL LEAVE:
Section 17.01 Provision
The Exceptional Leave Program provides the City Manager discretion to award up to 4 days per
calendar year in recognition for extraordinary service of members of the Police Managers'
Association, especially where sizable amounts of time are expended outside of normal business hours
and beyond the normal requirements of the job. Awarded days may be used for time off or if unused,
may be cashed in at the end of the calendar year.
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ARTICLE 18 PERSONAL EMERGENCY LEAVE:
Section 18.01 Personal Emergencies — Use of Eligible Leaves
For employee's personal emergencies, that is, a serious illness of an immediate family member of the
employee or the employee's spouse and for cases of extreme and unusual hardship or an emergency
nature, 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.
For the purpose of this section, immediate family shall mean the children, parents, grandparents, and
siblings of the employee, the employee's spouse or significant other.
ARTICLE 19 HEALTH BENEFITS:
Section 19.01 Flexible Benefit Plan
Effective with the payroll deduction made for coverage for the month of December, 1986, employees
shall be eligible to participate in a Flexible Benefit Plan.
Section 19.02 Flexible Benefit Plan — City Contribution
Effective with the payroll deduction for the month of July 2002, the monthly contribution by the City
shall increase by $100 per month to $800 per month. These benefits shall be used principally for the
purchase of employee medical insurance.
Section 19.03 Payment of Employee Contribution to PERS on Flexible Pay Benefit
A. The City will pay the employees' Public Employees Retirement System (PERS) contribution on
the flexible pay benefit.
B. Any increase above the current $800 per month flexible pay benefit contribution for medical
insurance is non- PERSable and available for medical insurance purposes only.
Section 19.04 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 19.05 City Medical Contribution
Effective January 1, 2004, the monthly City-paid Health Insurance Premium Contribution will be equal
to the average dollar cost of the premium for an employee and two (2) or more dependents for the
HMO'S available to employees under the Public Employees' Medical and Hospital Care Program in
the southern California area.
In recognition of the anticipated increased cost of City paid medical insurance premiums, particularly
those beginning in the 2007 and 2008 calendar years, the compensation increases in this MOU will
reflect a charge of .83 %. In the event that contingency compensation is generated (See Section
2.01(B)) then the first .83% of the contingency increase will be used to offset the anticipated insurance
increase. In the event that contingency compensation is insufficient to offset the .83% cost of
insurance, then the guaranteed compensation increase in the fourth and fifth years of the Agreement
will be reduced by .415% each year (i.e., July 2006 and July 2007 will be reduced to 4.585 %).
During the term of this Agreement, either party may reopen the contract in order to consider
alternatives to the PERS medical plan. The City agrees that it will only propose plans that provide for
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a cost- effective, comprehensive medical package for employees and their families that provide
comparable benefits to current plan, including, but not limited to, portability. There will be no change
in insurance plans prior to the January 2006 plan year without written agreement of the parties.
Section 19.06 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
employees and eligible dependents.
A. 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 employees through the insurance
committee and consider all suggestions and presentations on the insurance plan to be purchased.
B. The City will provide every member of the Association 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 self (up to $100,000 maximum coverage) and for
family members may be purchased at group rates.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. Selection of the vision insurance plan carrier shall be made by the City.
Section 19.07 Employee Assistance Program (EAP)
The City will make available to Association members an Employee Assistance Program which
provides confidential assistance, referrals and counseling to employees and members of the
immediately family. The program is designed to provide professional assistance and support to help
employees and their families resolve problems and issues that affect their personal lives or job
performance.
Section 19.08 Medical Insurance Continuation — On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an Association member has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall continue
to make group medical premium payments on behalf of the surviving spouse until age 65,
Medicare eligibility, whichever comes first, and to the children of the deceased officer until age
18. Said medical premium payments on behalf of the children of a deceased officer shall continue
if at age 18, the child commences uninterrupted college enrollment, but not to exceed the age of
23.
B. The City-paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased officer was receiving at the time
of his/her death. For example, if at the time of death, the officer was enrolled in a specific HMO
Plan, then future premium payments made pursuant to this article shall be in an amount required
to maintain comparable plan benefits.
ARTICLE 20 UNIFORMS AND SAFETY EQUIPMENT:
Section 20.01 Provision of Uniforms and Safety Equipment
The City shall provide required uniforms and safety equipment to eligible employees. For purposes of
this article, safety equipment shall include a weapon selected by the Police Chief. The value of the
uniforms and safety equipment shall not be reported to PERS as compensation earnable.
Page 20 of 27
3288. . .
Section 20.02 Uniform Cleaning Allowance
Patrol Lieutenants shall receive $53 per month of active duty. Non - patrol Lieutenants and Police
Captains shall receive $40 per month of active duty. The value of the cleaning allowance will be
reported to PERS as compensation earnable.
ARTICLE 21 RETIREMENT BENEFITS:
Section 21.01 PERS Retirement Formula
The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
Section 21.02 PERS Pickup Reported as "Compensation Earnable"
The City shall pay on behalf of each employee his or her required 9% "employee contribution" to
Ca1PERS. Additionally, the City shall report a set dollar amount equal to the nine percent (9 %)
"employee contribution" to the California Public Employees' Retirement System as compensation
earnable. Said contributions will also be paid on holiday pay received by eligible employees.
Section 21.03 Optional Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits
B. The City shall provide the Single Highest Year formula.
C. The City shall provide the Military Service credit as public service option.
Section 21.04 Retiree Health Insurance Contribution Program
The City will contribute to a retiree health insurance contribution program for service and disability
retirees who participate in the Public Employees' Medical and Hospital Care Program.
Effective July 1, 2003, the City contribution for a retiree and all eligible dependents will be a
maximum of $806.83 month.
Effective January 1, 2004, the City contribution for a retiree and all eligible dependents will be equal
to the average dollar cost of the premium for an employee and two (2) or more dependents for the
HMO's available to employees under the Public Employees' Medical and Hospital Care Program in
the southern California area.
ARTICLE 22 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT:
Section 22.01 Direct Deposit
It is agreed between the City and the Police Managers' Association that it is in the mutual interest of
the City and its employees that all covered employees utilize the currently available direct deposit
system. Employees who do not desire to utilize direct deposit shall make their wishes known in
writing to the City's Director of Administrative Services, together with a statement of their reasons
therefore. Exceptions to this direct deposit policy shall not be unreasonably denied.
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Section 22.02 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.
ARTICLE 23 COMPUTER LOAN PROGRAM:
Section 23.01 Initial Loan
Employees may apply for up to a $4,000 interest free loan to purchase personal computer hardware
and software. Loans are repaid through payroll deductions over a three year period. Outstanding loan
balances must be fully paid off at the time an employee separates from the City.
ARTICLE 24 DEFERRED COMPENSATION:
Section 24.01 Deferred Compensation Plan (457)
A deferred compensation plan has been established as a benefit to employees. Each employee is
eligible to participate in the plan.
Section 24.02 Deferred Compensation Plan (401 A)
The City will pay an amount equal to the employee's contribution to deferred compensation up to a
maximum of 1% of the employee's total pay, for all Association employees participating in City
approved deferred compensation plans.
ARTICLE 25 CATASTROPHIC LEAVE PROGRAM:
Section 25.01 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.
Section 25.02 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.
Section 25.03 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 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.
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.
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3288•,.,
D. Employees must, at the time of donation, have a minimum of one hundred and twenty (120) hours
of accumulated illness /injury leave remaining after a donation has been made.
E. 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.
ARTICLE 26 LAYOFF PROCEDURES:
Section 26.01 Grounds for Layoff - Whenever, in the judgment of the City Council, it becomes necessary to reduce
the workforce, an employee may be laid off, reduced in classification or displaced by another
employee. Such layoff, reduction or displacement shall result from action of the City Manager or his
or her designee. The City Manager shall recommend to the City Council each classification to be
affected by any such change.
Section 26.02 Notice to Employees - An employee filling a full time position shall be given fourteen (14) calendar
days prior notice of layoff. Employees transferred, reduced or displaced shall be given five (5)
calendar days notice. The City Council may approve a reduction in the notice requirements, if so
recommended by the City Manager.
Section 26.03 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.
Section 26.04 Procedures for Layoff - A permanent employee in a classification affected by a reduction in force
shall be laid off based on seniority in City service, that is the employee with the least City service shall
be laid off first, followed by the employee with the second least City service, etc. Seniority shall be
determined by hire date. City seniority shall be used to effectuate the procedures set forth in this
Article. Seniority for part-time employees shall be calculated as one -half ('/2) time from the date of
hire with the City.
Section 26.05 Breakine Ties - In cases where two or more employees have the same date of hire (i.e. equal
seniority), retention points for job performance shall be credited on the basis of the average of the
overall evaluation ratings for the last three (3) years, provided the last rating had been filed more than
thirty (30) days prior to the date of the layoff notice. Retention points are as follows:
Exceeds Standard- 24 points
Meets 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.
Section 26.06 Reduction to a Vacant Position - An employee designated for layoff as a result of abolition of a
position or classification may be offered appointment to a vacant position in a lower classification, if
the employee is qualified by education and/or experience for such position. If there is more than one
qualified employee to be offered such appointment(s), the offer(s) shall be based on seniority, with the
employee with the highest seniority offered the position first, then the next highest seniority, etc. If the
employees have the same seniority, then the procedure for breaking ties set forth above shall apply.
An employee accepting such appointment shall be placed on the step for the lower classification most
closely corresponding, but in no case higher, than the salary step of his/her previously held position,
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3288.
and the employee will be assigned a new salary anniversary date on the effective date of the
appointment.
Section 26.07 Displacement Rights
A. An employee designated for layoff as a result of abolition of a position or classification may
displace ( "bump ") an employee in a lower classification in which the employee has prior service,
provided the laid off employee has greater seniority than the employee in the lower classification.
B. An employee designated for layoff with greater seniority may displace ( "bump ") a less senior
employee in a lower classification, for which he /she is immediately qualified to perform.
Section 26.08 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.
Section 26.09 Reemployment List
The names of permanent employees who have been laid off under this section (including employees
who have bumped down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for which the employee is
qualified by education and/or experience. Persons on such lists shall retain eligibility for appointment
therefrom for a period of three years from the date their names were placed on the list. As a vacancy
within a classification or lower related classification becomes available, the name appearing at the top
of the list shall be offered the opportunity to fill the vacancy. The name of an individual selected from
the list to fill the vacancy who refuses the reemployment offer shall be permanently removed from the
reemployment list without right of appeal. Laid -off employees do not earn seniority credit or benefits
while on the reemployment list.
Section 26.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth that
the employee was laid off and is eligible for reemployment. Those employees who were displaced to
lower positions will be granted, upon the employee's request, a letter from the City stating the
employee was reduced in status as a result of a layoff and is eligible for reemployment to the higher
level position.
Section 26.11 Riahts 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.
Section 26.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , the employee shall be
treated as if he /she had been terminated for disciplinary purposes and shall be permitted to appeal the
decision per the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or
displacement rights, may file an appeal to the Director of Administrative Services.
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ARTICLE 27 GRIEVANCE PROCEDURE:
Section 27.01 Definition of Terms
A. 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 memorandum
of understanding. 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 memorandum of understanding.
B. Grievant — A grievant is an employee or group of employees allegedly adversely affected by an
act of omission of the agency.
C. Day — A day is a business day (Monday — Friday).
D. Immediate Supervisor — The first level supervisor of the grievant.
Section 27.02 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 or a written decision of appeal by the employee or employees.
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.
Section 27.03 Procedure
Grievances will be processed following the procedures set forth below.
A. 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.
B. 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 15 -day time period provided in Level I. The immediate supervisor shall,
within 5 days, provide a written response to the grievant.
Procedure for Filing a Grievance
In filing a formal written 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.
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,3288.
c. The date or dates on which the violation, misinterpretation or misapplication occurred.
d. What documents, witnesses or other evidence supports the grievants' position.
e. The remedy requested.
C. 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.
D. Level IV — If the grievance is not resolved by the department head, the grievant may present the
grievance in writing to the City Manager within five (5) days 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.
Section 27.04 Matters Excluded From the Grievance Procedure
A. The grievance procedure cannot be used for the purpose of resolving complaints, requests or
changes in wages, work hours or working conditions.
B. The grievance procedure cannot be used to challenge employee evaluations or performance
reviews.
C. 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.
D. 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.
Section 27.05 Conferences
Grievant(s) and City representatives, shall, upon mutual agreement, have the right to a conference at
any level of the grievance procedure.
ARTICLE 28 TEMPORARY SERVICE IN HIGHER CLASSIFICATION:
Section 28.01 Acting Pay
Where an 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 employee, while so assigned, shall receive the entrance salary rate of that class or
whatever step thereof that is not less than five percent above his or her present rate, whichever is
higher. For the purpose of this section, "appreciable period of time" is defined as ten consecutive
working days (eight working days if on four /ten plan) or longer.
ARTICLE 29 POLICIES:
Section 29.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 29.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy, dated July 22, 2003.
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Section 29.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
ARTICLE 30 TERM OF AGREEMENT:
Section 30.01 Term
The term of this MOU shall commence on July 1, 2003 and shall end on June 30, 2008 with regard to
all provisions except, however, that the obligation to make the October 2008 payment of contingency
revenues, if any, shall survive the June 30, 2008 end date of this Agreement.
Signed by the City: Signed by the Association:
ATTEST
Deputy ty Clerk
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