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CONTRACT 2805 - PERM Memorandum of Understanding CLOSED2PQ5 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING JULY 19 2000 - JUNE 309 2003 THE EL SEGUNDO POLICE OFFICERS' ASSOCATION 2805;. . Page 1 July 1, 2000 -June 30, 2003 MOU TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS: Section 1.01 Preamble Page 6 Section 1.02 Management Rights Page 6 Section 1.03 Savings Clause Page 7 Section 1.04 No- strike Clause Page 7 Section 1.05 Association Dues Deduction Page 7 Section 1.06 Association Administrative Time Page 7 Section 1.07 Association Hearing Cost Contribution Page 7 Section 1.08 Maintenance of Existing Benefits Page 8 Section 1.09 Non - Discrimination Page 8 ARTICLE 2 SALARY: Section 2.01 Salary Page 8 Section 2.02 Salary Schedule Calculation Methodology Page 8 Section 2.03 Step Advancement - Accelerated Page 9 Section 2.04 Notice Requirement to Withhold Step Page 9 Increase ARTICLE 3 EDUCATION /CERTIFICATE INCENTIVE: Section 3.01 Educational Compensation - Post 1993 Page 9 Section 3.02 Educational Compensation - Pre 1993 Page 9 Section 3.03 Longevity Achievement on Merit Page 10 ARTICLE 4 LATERAL ENTRY INCENTIVE PROGRAM: Section 4.01 Lateral Entry Educational Incentive Pay Page 10 ARTICLE S TUITION AND BOOK REIMBURSEMENT PROGRAM: Section 5.01 Policy and Eligibility Page I I Section 5.02 Undergraduate Studies Page I I Page 1 July 1, 2000 -June 30, 2003 MOU 28 Section 5.03 Post - Graduate Studies Page 11 ARTICLE 6 PROMOTIONS: Section 6.01 Salary Differential upon Promotion Page 1 1 Section 6.02 Educational Prerequisites for Promotional Page 11 Positions ARTICLE 7 NO- SMOKING CLAUSE: Section 7.01 Establishment Page 12 ARTICLE 8 OVERTIME COMPENSATION: Section 8.01 Pay for Public Relations Appearances Page 12 Section 8.02 Court On -Call Pay Page 12 Section 8.03 Call -Back Pay Page 12 ARTICLE 9 DIFFERENTIAL PAY: Section 9.01 Motor Officer, Canine Officer, Detective and Special Assignment Pay Page 12 ARTICLE 10 PHYSICAL FITNESS INCENTIVE PROGRAM: Section 10.01 Purpose Page 13 Section 10.02 Department Policy Page 13 Section 10.03 Program Components Page 12 ARTICLE 11 COMPENSATORY TIME: Section 11.01 Maximum Accrual Page 14 Section 11.02 Shooting and Physical Fitness Bank Page 14 - Maximum Accrual Section 11.03 Firearms Qualification Page 14 ARTICLE 12 HOLIDAY PAY: Section 12.01 Eligible Officers Page 14 Page 2 July 1, 2000 -June 30, 2003 MOU ARTICLE 13 SICK LEAVE: Section 13.01 Payment of Sick Leave Accrual Page 14 After 10 Years Service Section 13.02 Payment of Sick Leave Accrual Page 15 After 20 Years Service Section 13.03 Payment on Disability Retirement Page 15 ARTICLE 14 VACATION LEAVE: Section 14.01 Accrual Schedule For Employees On or After July 1, 1994 Page 15 Section 14.02 Accrual Schedule For Employees Hired Before July 1, 1994 Page IS - Closed Participation Section 14.03 Vacation Sell Back Page 15 ARTICLE 15 BEREAVEMENT LEAVE: Section 15.01 Maximum Leave Time Page 16 Section 15.02 Immediate Family Members Defined Page 16 ARTICLE 16 JURY DUTY: Section 16.01 Provision Page 16 ARTICLE 17 HEALTH BENEFITS: Section 17.01 Medical Insurance Continuation Page 16 - On Duty Death Section 17.02 Optical, Dental, and Life Insurance Page 16 Section 17.03 Medical Contract Page 17 Section 17.04 City Medical Contribution Page 17 ARTICLE IS UNIFORM AND SAFETY EQUIPMENT ALLOWANCE: Section 18.01 Provision & Annual Allowance Page 17 Page 3 July 1, 2000 -June 30, 2003 MOU 2805 ARTICLE 19 RETIREMENT BENEFITS: Section 19.01 PERS Retirement Formula Page 17 Section 19.02 PERS "Pick -Up" Page 17 Section 19.03 Optional Contract Provisions Page 17 Section 19.04 Minimum Service with City of El Segundo to Page 18 Receive Retirement Benefits Section 19.05 Retiree Health Insurance Contribution Program Page 18 Section 19.06 Police Trainee Retirement Plan Page 18 ARTICLE 20 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT: Section 20.01 Direct Deposit Page 18 Section 20.02 Flexible Spending Account Page 18 ARTICLE 21 COMPUTER LOAN PROGRAM: Section 21.01 Initial Loan Page 18 Section 21.02 Prior & Outstanding Balances Page 18 Section 21.03 Requirements & Conditions Page 19 ARTICLE 22 MATERNITY POLICY: Section 22.01 Policy Page 19 ARTICLE 23 CATASTROPHIC LEAVE PROGRAM: Section 23.01 Definition of a Catastrophic Illness or Injury Page 19 Section 23.02 Eligible Employees for Donation and Program Page 19 Usage Section 23.03 Policy Procedures Page 20 ARTICLE 24 LAYOFF PROCEDURES: Section 24.01 Grounds for Layoff Page 20 Section 24.02 Notice to Employees Page 20 Section 24.03 At -Will Employees Page 20 Page 4 July 1, 2000 -June 30, 2003 MOU 2805. Section 24.04 Procedures for Layoff Page 20 Section 24.05 Breaking Ties Page 20 Section 24.06 Reduction to a Vacant Position Page 21 Section 24.07 Displacement Rights Page 21 Section 24.08 Salary Placement Page 21 Section 24.09 Reemployment List Page 21 Section 24.10 Letter of Layoff Page 22 Section 24.11 Rights on Reemployment Page 22 Section 24.12 Appeal Page 22 ARTICLE 25 GRIEVANCE PROCEDURE: Section 25.01 Definition of Terms Page 22 Section 25.02 Time Limits Page 22 Section 25.03 Procedure Page 23 Section 25.04 Matters Excluded from the Grievance Page 23 Procedure Section 25.05 Conferences Page 24 ARTICLE 26 TERM OF AGREEMENT: Section 27.01 Term Page 24 Page 5 July 1, 2000 -June 30, 2003 MOU MEMORANDUM OF UNDERSTANDING between the EL SEGUNDO POLICE OFFICERS' ASSOCIATION, and THE CITY OF EL SEGUNDO CALIFORNIA ARTICLE I GENERAL PROVISIONS: Section 1.01 Preamble This Memorandum of Understanding is entered into with reference to the following: A. The El Segundo Police Officers' 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 Sergeant and Police Officer. 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 intended to be a comprehensive statement of the parties' past agreements which were memorialized in previous Memoranda of Understandings. The parties acknowledge that there are wages, hours and other terms and conditions of employment which apply to the affected employees which are not set forth herein and which are instead set forth in rules, resolutions, statutes, ordinances and established past practices of the City which shall continue in force and effect. 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 existing right of the City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain employees in positions within the City, subject to the rules and regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as Page 6 July 1, 2000 -June 30, 2003 MOU may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means, and personnel by which the operations are to be carried out. Section 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 Officers' 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; C. Provide the Association with a list of newly -hired employees in the representation unit monthly. Section 1.06 Association Administrative Time The Association officers and board members will be allowed up to a total of (90) hours (as a group) per year of administrative leave for the purpose of attending the Peace Officers' Research Association of California conference or other conference or seminars with the approval of the Police Chief. Section 1.07 Association Hearing Cost Contribution Commencing on July 1, 1999, 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 year. Page 7 July 1, 2000 -June 30, 2003 MOU Section 1.08 Maintenance of Existing Benefits A. This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this Memorandum of Understanding are covered by existing ordinances, resolutions, policies, and practices of the City, as well as the Personnel Rules and Regulations presently in effect. Therefore, for the life of this agreement, neither party shall be compelled to meet and confer with the other concerning any mandatory meet and confer issues whether specifically discussed prior to the execution of this agreement or which may have been omitted in the discussions which led up to the execution of this agreement, except as provided in this agreement or by mutual agreement of parties. B. Nothing herein prevents the City and Association from meeting and consulting on the City's Personnel Rules and Regulations which are within the scope of representation. However, the mutual agreement of both the City and Association are required to effect any change. Section 1.09 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 joining or participating in Association activities. B. The Association and the City agree that they shall not illegally discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations and shall act affirmatively to accomplish equal employment opportunities for all employees. The Association and the City shall reopen any provision of this 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. Salary tables for Police Officers and Police Sergeants, effective July 1, 2000, are depicted on Attachment A of the Memorandum of Understanding. B. Police Officer Trainee (non -sworn) 1. A Police Officer Trainee classification shall be established to be compensated at 80 percent of the Police Officer "A" Step. A Police Service Officer who is appointed to the position of Police Officer Trainee shall continue to receive his/her former rate of pay as a fixed amount as long as it exceeds the salary to which he /she would otherwise be entitled based on job performance and length of service as a Police Officer Trainee. The affected employee's salary shall change to the appropriate salary range for his/her classification upon that salary being more than the aforementioned frozen ( "Y- rated ") salary. Section 2.02 Salary Schedule Calculation Methodology The phrase "total pay" as used herein is the sum of gross regular pay and deferred pay as shown in the Police Safety Series of the El Segundo Administrative Code, except that total pay shall be calculated in Page 8 July 1, 2000 -June 30, 2003 MOU 2805. 9 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 Personnel Director 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. 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 EDUCATION /CERTIFICATE INCENTIVE: Section 3.01 Education Compensation - POST 7 -1 -93 Non Lateral Entry Level Sworn Hirees: A. Presently, non - lateral entry level sworn hirees commence employment at "A" Step of the police officer salary range. Such hirees qualifying for and possessing an Associates degree at the time of hire will be initially employed at "B" Step; such hirees qualifying for and possessing a Bachelors degree at the time of hire will be initially employed at the "C" Step; such hirees qualifying for and possessing a Masters degree at the time of hire, will be initially employed at the "D" Step; B. Said hirees will be eligible to receive education compensation upon successful completion of actual service as follows: 1. Qualification for and possession of Associates degree - 5% of base salary per month after completion of two (2) years of actual service; 2. Qualification for and possession of Bachelors degree - 12% of base salary per month after completion of three (3) years of actual service; 3. Qualification for and possession of Masters degree - 18% of base salary per month after completion of four (4) years of actual service. C. No Post 7 -1 -93 hirees will be eligible for any compensation related to the holding of any POST certificates or other non - degree certificates or licenses. Section 3.02 Education Compensation - PRE 7 -1 -93 Sworn Police Officer Employees (Continuation of Present Program with Exception of (3) and (4)): A. As regards sworn peace officers employed by the City on or before Julyl, 1993, the following POST certificate compensation shall be applicable: 1. Affected employees who have qualified for and possess an Intermediate POST certificate, shall receive 5% of base salary per month as and for a POST certificate compensation award. 2. Affected employees who have qualified for and possess an Advanced POST certificate, shall receive a total of 10% of base salary per month as and for a POST certificate compensation award. Page 9 July 1, 2000 -June 30, 2003 MOU 2805.... 3. Effective July 5, 1997, affected employees who have qualified for and possess a Bachelor's degree shall receive an additional 2% of base salary per month for a total compensation of 12% per month. 4. Affected employees who have qualified for and possess a Master's Degree shall receive 15% of base salary per month. Effective July 5, 1997, affected employees who have qualified for and possess a Masters degree shall receive an additional 3% of base salary per month for a total additional compensation of 18% per month. B. Except as described in Article 3, Section 3.02.A.3 & 3.02.A.4] no pre 7 -1 -93 hirees will be eligible for any compensation related to the qualification and possession of "degrees." Section 3.03 Longevity Achievement on Merit 1. Steps Wand X of the Basic Total Salary Schedules are longevity provisions and are to be used in applying the following policy. 2. Effective January 1, 2001, employees shall be compensated for their services at the step of level O of the applicable Base Total Salary Schedule to which they are entitled plus the applicable percent of salary shown below upon fulfilling the respective total law enforcement service longevity requirements: A. Upon completion of five years of sworn law enforcement service an additional five percent (5 %). B. Upon completion of fifteen years of sworn law enforcement service an additional ten percent (10 %). C. After qualifying for longevity pay, an employee shall cease to receive such pay during any time period that the employee's most recent probationary or annual performance evaluation is rated "below standard" or "unsatisfactory." An employee who has lost his/her eligibility to receive this benefit under the terms stated above shall have his/her longevity pay reinstated the first payroll period following his/her requalification. ARTICLE 4 LATERAL ENTRY INCENTIVE PROGRAM: Section 4.01 Lateral Entry Educational Incentive Pay Police Officers who enter the service of the El Segundo Police Department under the Lateral Entry Program will be eligible to receive educational incentive pay as follows: A. Qualification for and possession of an Associate's Degree - 5% of base salary with a minimum of two years of sworn law enforcement experience. B. Qualification for and possession of a Bachelor's Degree - 12% of base salary with a minimum of three years of sworn law enforcement experience. C. Qualification for and possession of a Master's Degree - 18% of base salary with a minimum of four years of sworn law enforcement experience. Page 10 July 1, 2000 -June 30, 2003 MOU 2805 ARTICLE 5 TUITION AND BOOK REIMBURSEMENT PROGRAM: Section 5.01 Policy and Eligibility The following college -level tuition and book reimbursement program shall be applicable to all unit members: Section 5.02 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 wed 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 5.03 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 when: 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. ARTICLE 6 PROMOTIONS: Section 6.01 Salary Differential upon Promotion The City shall have the option to compensate supervisors newly appointed to their positions after July 1, 1986 at a base rate as long as it is higher than the base rate of their subordinates (no minimum 5% pay differential), exclusive of longevity pay, educational incentive pay, and special assignment pay. Section 6.02 Educational Prerequisites for Promotional Positions A. Any applicant seeking to participate in any segment of a Sergeant's examination where said segment is administered on or after January I, 2000, must possess an Associate's Degree or higher degree or possess a transcript documenting sixty or more semester units, or an equivalent amount of quarter or term units, earned towards a Bachelor's Degree from a university or college accredited by POST standards. Page 11 July 1, 2000 -June 30, 2003 MOU B. An applicant seeking to participate in any segment of an examination for the positions of Sergeant, Lieutenant or Captain, where said segment(s) is administered on or after January 1, 2005, must be qualified for and possess a Bachelor's degree at the time of participating in any such segment(s) of the examination. ARTICLE 7 NO- SMOKING CLAUSE: Section 7.01 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 8 OVERTIME COMPENSATION: Section 8.01 Pay for Public Relations Appearances Police Officers and Police Sergeants who are required by the Chief of Police to make presentations to community groups on an overtime basis shall be compensated at one and one -half times their regular rate of pay. Section 8.02 Court On -Call Pay A. Personnel on -call for court during non - scheduled work hours will be paid a flat 2 hours at time and one -half (3 hours total). Employees who are on -call for court and are not scheduled to work, or recalled to work by the Police Department, shall not have the option of reporting to work. B. Officers held over on "on- call" status after twelve noon, shall be paid an additional two (2) hours pay at time and one half (3 hours), for a total of four (4) hours at time and one half (6 hours). C. The City will pay $2.00 per meal for police officers required to be in attendance at court during meal periods. Section 8.03 Call -Back Pay A minimum of 2 hours of work time shall be credited for all call backs, and shall be paid at time and one half where applicable. ARTICLE 9 DIFFERENTIAL PAY: Section 9.01 Motor Officer, Canine Officer, Detective and Special Assignment Pay The City shall provide differential pay as follows: Effective July 1, 2000, The City will pay Motor Officers a differential pay equal to 6% above gross regular pay Step E of a Police Officer without incentives; and the City will pay detectives, canine officers and employees designated by the Chief of Police as having special assignments a differential pay equal to 4.5% above gross regular pay Step E of a Police Officer without incentives. Page 12 July 1, 2000 -June 30, 2003 MOU n ARTICLE 10 PHYSICAL FITNESS INCENTIVE PROGRAM: Section 10.01 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 10.02 Department Policy It will be the policy of the Police Department to work with officers 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 10.03 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 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. From the assessment will be developed a profile which will categorize participants into levels of fitness. Incentive provisions would then reward participants depending upon their fitness level. Page 13 July 1, 2000 -June 30, 2003 MOU 2805" -� 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. ARTICLE I I 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. 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. 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. Section 11.03 Firearms Qualification Police Officers and Police Sergeants will receive paid time off for firearms qualification as follows: Class Distinguished Expert Expert Sharpshooter Marksman Qualifying ARTICLE 12 HOLIDAY PAY: Section 12.01 Eligible Officers Time Off for Proficiency per Quarter Q Calendar Months) 8 hours 6 hours 4 hours 2 hours 0 hours Personnel who regularly work holidays shall be paid for twelve (12) eight (8) hour days in lieu of holidays on or about December 10 of each year. ARTICLE 13 SICK LEAVE: Section 13.01 Payment of Sick Leave Accrual - After 10 Years Service Employees, upon separation, after ten (10) years of service as a sworn law enforcement officer, will be compensated 50% of their accumulated, unused sick leave at the employee's current rate. Page 14 July 1, 2000 -June 30, 2003 MOU ON r) Section 13.02 Payment of Sick Leave Accrual - After 20 Years Service Upon separation, after twenty (20) years of service as a sworn law enforcement officer, employees will be compensated at 90% of the employee's accumulated unused sick leave at the employee's current rate. Section 13.03 Payment on Disability Retirement Employees separating from service because of a disability retirement, after five (5) years of service as a sworn law enforcement officer, will be compensated at 90% of the employee's accumulated, unused sick leave at the employee's current rate. ARTICLE 14 VACATION LEAVE: Section 14.01 Accrual Schedule — For Employees Hired On or After July 1, 1994 Vacation shall be accrued pursuant to the following schedule: A. From commencement of the 1 st year of service through and including completion of the 5`h year of service — 96 hours per year. B. From commencement of the 6th year of service through and including completion of the 10'' year of service — 120 hours per year. C. From commencement of the 1 lth year of service through and including completion of the 15I' year of service — 144 hours per year. D. From commencement of the 16th year of service and for all years of service thereafter — 176 hours per year. Section 14.02 Accrual Schedule - For Employees Hired Before July 1, 1994 Vacation for employees hired before July 1, 1994 shall be accrued in accordance with the following schedule: A. For the first seven years of continuous service with the City — 96 hours per year. B. After seven years and until the completion of fourteen years of continuous service — 136 hours per year. C. After fourteen years of continuous service — 176 hours per year. Section 14.03 Vacation Sell Back The City will allow employees in the Association to sell back 50% of their annual vacation accrual. This will be allowed once during the first year of the agreement between July 1, 2000 and December 31, 2000 and once per calendar year thereafter. The vacation sell back option is available for use by the employee after completion of one year of service with the City. Page 15 July 1, 2000 -June 30, 2003 MOU 2P05. . ARTICLE 15 BEREAVEMENT LEAVE: Section 15.01 Maximum Leave Time The practice of granting three (3) working days of bereavement leave per incident shall be increased to 40 hours per incident in those circumstances where travel to a funeral or other memorial proceeding is 500 or more miles one way as measured from the El Segundo City Hall. Section 15.02 Immediate Family Members Defined The definition of the "immediate family" whose funeral or memorial proceeding qualifies for use of bereavement leave, shall include the children, parents, siblings, grandparents 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 HEALTH BENEFITS: Section 17.01 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 insurance 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. Section 17.02 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 to the maximum dollar amount of $85 per month. The City will apply the maximum dollar amount to the payment of the various premiums in the following order of precedence: optical insurance first, then life insurance, and finally dental insurance. A. The City will adopt a dental plan and pay the premium cost for employees only. The City reserves the right to determine the 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. Page 16 July 1, 2000 -June 30, 2003 MOU 2RQ5,,; B. The City will provide every member of the Association with $10,000 of life insurance at City cost. The City reserves the right to determine the insurance carrier with whom the City will contract for coverage. 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 17.03 Medical Contract Effective in January 1991, the City will contract with the California PERS for the Public Employees' Medical and Hospital Care Program. Section 17.04 City Medical Contribution 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. ARTICLE 18 UNIFORM AND SAFETY EQUIPMENT ALLOWANCE: Section 18.01 Provision & Annual Allowance 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. Employees eligible for a uniform cleaning allowance shall receive $325.00 per year. ARTICLE 19 RETIREMENT BENEFITS: Section 19.01 PERS Retirement Formula Effective July 1, 2000, the City shall take action necessary to implement the benefits of Government Code Section 21362.2 regarding the 3% at 50 PERS retirement formula for all affected employees as soon as possible. Section 19.02 PERS "Pick Up" A set dollar amount equal to nine percent (9 %) of the salary schedule pay rate applicable to public safety employees covered under the 3% @ 50 formula shall be paid as deferred compensation towards the employee contribution to the California Public Employees' Retirement System. Said contributions will be paid on holiday pay received by eligible employees. Section 19.03 Optional Contract Provisions A. The City shall provide "Level 4" 1959 Survivors Benefits B. The City shall provide the Single Highest Year formula. Page 17 July 1, 2000 -June 30, 2003 MOU 2805 Section 19.04 Minimum Service with City of El Segundo to Receive Retirement Benefits Employees who retire must have been employed for a minimum of five (5) years with the City of El Segundo as a peace officer to receive the following benefits: pay for unused sick leave balance; the option of continuing to participate in the City's group insurance programs; and the right to receive a contribution toward medical insurance for the retiree and 1 dependent. Section 19.05 Retiree Health Insurance Contribution Program Effective upon City participation in the Public Employees' Medical and Hospital Care Program the City will initiate a future retiree health insurance contribution program for retirees who participate in the Public Employees' Medical and Hospital Care Program. The program will provide for the following maximum contribution: Year of Retirement Amount of Monthly Contribution 1995 and above 100% of employee contribution Section 19.06 Police Trainee Retirement Plan The City shall have the option during and after the term of this agreement to make application to the California Public Employees' Retirement System and modify the duties and responsibilities of the Police Trainee position as may be necessary to qualify under the Miscellaneous Retirement Plan of the California Public Employees' Retirement System. ARTICLE 20 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT: Section 20.01 Direct Deposit It is agreed between the City and the Police Officers' 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 Finance, together with a statement of their reasons therefore. Exceptions to this direct deposit policy shall not be unreasonably denied. Section 20.02 Flexible Spending Account The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the Internal Revenue Code. ARTICLE 21 COMPUTER LOAN PROGRAM: Section 21.01 Initial Loan All participants in the loan program will be eligible for an initial, interest free loan in the amount of $4,000 (four thousand dollars). Section 21.02 Prior and Outstanding Balances An employee with an outstanding balance on a prior computer loan as of July 1, 1997, will have that amount currently due from the previous loan subtracted from the amount the employee can borrow interest free under this program. Page 18 July 1, 2000 -June 30, 2003 MOU 2P05 Section 21.03 Requirements and Conditions A. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at the currently interest rate of 3 %. All loans would include a 36 -month repayment term. B. Eligible purchases shall be expanded to include ergonomic - related furniture and equipment. C. Anti -viral software shall be required as a prerequisite in granting requested loans. D. City would retain title, as security, to any equipment purchased with funds from the above described loans, until such time as the loan is fully paid off. City is to be notified of any exchange or updating of equipment. E. The practice of "refinancing" to the maximum loan amount is prohibited. "After- the - fact" financing is allowed only with prior approval of the Director of Finance or his/her designee. F. Loans shall be repaid through payroll deductions over a 3 year period. Outstanding loan balances must be paid off at the time that an employee separates from City service and the City shall be authorized to recover any loan balance by making deductions from the employee's final check. ARTICLE 22 MATERNITY POLICY: Section 22.01 Policy An officer to may transfer to a light duty assignment, at any point during pregnancy, with physician verification of a need for placement in a light duty assignment. Additionally, an officer, upon return from leave of absence, will resume her previous assignment or bid on a position wherever possible. ARTICLE 23 CATASTROPHIC LEAVE PROGRAM: Section 23.01 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. Section 23.02 Eligible Employees for Donation and Program Usage A. All permanent full -time or part-time sworn employees will donate 6.00 hours of either sick leave, vacation or compensatory leave time, per year, to the catastrophic leave bank, until a unit total of 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 Request 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. C. Forms are available from the Human Resources Department. The Human Resources Department will maintain all Catastrophic Leave Policy materials. Page 19 July 1, 2000 -June 30, 2003 MOU Section 23.03 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. 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 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. ARTICLE 24 LAYOFF PROCEDURES: Section 24.01 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 24.02 Notice to Emolovees - 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 24.03 At-Will Emolovees - 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 24.04 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 hive 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 (' /z) time from the date of hire with the City. Section 24.05 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 Page 20 July 1, 2000 -June 30, 2003 MOU 2805. thirty (30) days prior to the date of the layoff notice. Retention points are as follows: Above Standard - 24 points Standard - 12 points Below Standard - 0 points In the event of a tie in seniority, the employee with the lowest average of retention points shall be laid off first. In the event that one or more of the affected employees do not have overall evaluation ratings for the last three (3) years on file, ties shall be broken by a coin toss. Section 24.06 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, and the employee will be assigned a new salary anniversary date on the effective date of the appointment. Section 24.07 Displacement Riehts 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 le -zi senior employee in a lower classification, for which he /she is immediately qualified to perform. Section 24.08 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 24.09 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. Page 21 July 1, 2000 -June 30, 2003 MOU 2 :9 C 5 , Section 24.10 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 24.11 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. Section 24.12 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 Human Resources/Risk Management. ARTICLE 25 GRIEVANCE PROCEDURE: Section 25.01 Definition of Terms Grievance - A grievance is an alleged violation, misinterpretation or misapplication of a specific written departmental or agency rule or regulation, a specific provision of a Memorandum of Understanding, or an established past practice. A grievance is distinct from an appeal arising from disciplinary action. Grievant - A grievant is an employee or group of employees adversely affected by an act or omission of the agency. Day - A day is a business day (Monday- Friday). Immediate Supervisor - The first level supervisor of the grievant. Section 25.02 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 of a written decision or appeal by the parties. C. Failure to Meet Time Limits Page 22 July 1, 2000 -June 30, 2003 MOU 2805 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 25.03 Procedure Grievances will be processed as follows: A. Level 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 11-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 Filine 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) 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. Section 25.04 Matters Excluded from the Grievance Procedure A. The grievance procedure is not intended to be used for the purpose of 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, Page 23 July 1, 2000 -June 30, 2003 MOU 2808,,,, 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, suspension or a termination, but are subject to the formal appeal process outlined in Ordinance 586. Section 25.05 Conferences Grievants and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. ARTICLE 26 TERM OF AGREEMENT: Section 27.01 Term The term of this MOU shall commence on July 1, 2000 and end on June 30, 2003. Page 24 July 1, 2000 -June 30, 2003 MOU �i d d W J m } Q� J � O DO z z O o mO 0:r :!R W Lu ~ J U > O W O F- H 0 U U. W w y U U L a O w U J O m V O r, M } J DOa S I- Q' o0Qa OW S w Q } 0 I } J U S � Z a z O w gQ C9 a W w CL w H N z O H U O CL LLI O UI m Q � IL U U OetNu'f�Nti N O O T- v o (O M O N Ln M In M o M tt GO wa O 0 t. ►. M tD 01 M CO M 00 0 w ?O - m 0 N M N N N N M M M �OOO�Otey N C1 t` t0 <O ti �G O r N ti Cf r <O N M O M M d O N� r` ti O et O tM��rilOaoOC M W W of O N N N N N N N M OV N O O T- v o (O M O N Ln M In M o M tt GO wa O 0 t. ►. 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"X" step = 10% above SERGEANT 6,695.43618709 employees' current grade and step. 'No change in control points from 6/28/97 MOU, however, longevity increases effective 1/1/01. 8/24/00 Page 15 of 15 . l For the Police Officers Association: Harold Jeffers, Carlos Mend 2805 . . For the City: q4 40 Rick Kopenhefer A&!�!—*� Bret Plumlee, Finance Director o' ptain - &0�- 6W-140� Ron Green, Police Captain Bob Hyland, Senior Hum a ources Analyst Member Page 25 July 1, 2000 -June 30, 2003 MOU 1 i 7 ? . �k. Tentative Agreement Between the City of El Segundo ( "City ") and the Police Officer's Association ( "Union ") 1. The term of the Memorandum of Understanding (MOU) shall commence on July 1, 2000 and end on June 30, 2003. 2. The City and Union shall incorporate the terms of this tentative agreement into the draft comprehensive MOU, attached as "Exhibit A," and finalize all changes to the draft comprehensive MOU by September 1, 2000. 3. Effective July 1, 2000, the City shall take action necessary to implement the 3% @ 50 PERS Retirement for all affected employees as soon as possible. 4. Effective July 1, 2000, the City will allow employees in the Union to sell back 50% of their annual vacation accrual. This will be allowed once during the first year of the agreement between July 1, 2000 and December 31, 2000 and once per calendar year thereafter. 5. Effective July 1, 2000, the City will pay Motor officers a differential pay equal to 6% above gross regular pay step E of a Police Officer without incentives; and the City will pay Task Force officers, Detectives, Administrative officers, K -9 officers, and Field Training Officers a differential pay equal to 4.5% above gross regular pay step E of a Police Officer without incentives. 6. Effective January 1, 2001, the City shall pay union employees with 5 years of sworn law enforcement service a 5% salary increase above their current step and grade and the City shall pay union employees with 15 years of sworn law enforcement service a 10% salary increase above their current step and grade. These increases are contingent upon the union employee receiving a satisfactory evaluation. 7. The City will provide a letter confirming that union employees will be eligible to participate in the Fire Safety Group 0005 dental plan offered by the City, and any increase in the cost above the cap will be borne by the employee. 8. The Union and City have agreed regarding the impact of certain "downstream" costs associated with the amendment of the City's contract with CalPers as required by this MOU. See Attachment A. 9. The City agrees to reasonably cooperate with William Fleming in order to permit him to avail himself of the retirement enhancement provided by this MOU. Fleming and /or the Association agree to bear any costs associated with such efforts. 09 s For the Police Officer's Association: RoAWex r Joh Sellerit, President 1 low , yiceA-pesiaent r SteptiWson, Board Member Hia old Jeffers, jf Member Carlos Mendoza, Board Member For the City: Rick Kopenhefer For the City: Rick Kopenfieffr " v � � Bret,RWn_*e, Finance Director ck ayt, Poli aptain 46., C4--r� Ron Green, Police Captain Bob Hyland, Senior HL$i% n Resources Analyst