CONTRACT 3271 -PERM Memorandum of Understanding CLOSEDI
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TABLE OF CONTENTS
ARTICLE 1
GENERAL PROVISIONS:
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 Administrative Time
Page
9
Section
1.07
Association Hearing Cost Contribution
Page
9
Section
1.08
Maintenance of Existing Benefits
Page
9
Section
1.09
Non - Discrimination
Page
9
ARTICLE 2
SALARY:
Section
2.01
Salary
Page
10
Section
2.02
Salary Schedule Calculation Methodology
Page
11
Section
2.03
Step Advancement - Accelerated
Page
11
Section
2.04
Notice Requirement to Withhold Step
Page
12
Increase
ARTICLE 3
EDUCATION /CERTIFICATE INCENTIVE:
Section
3.01
Educational Compensation - Post 1993
Page
12
Section
3.02
Educational Compensation - Pre 1993
Page
12
Section
3.03
Educational Compensation
Page
13
Section
3.04
Certification Requirement for
Page
13
Educational Compensation
Section
3.05
Longevity Achievement on Merit
Page
13
ARTICLE 4
LATERAL ENTRY INCENTIVE PROGRAM:
Section
4.01
Lateral Entry Educational Incentive Pay
Page
15
ARTICLE 5
TUITION AND BOOK REIMBURSEMENT PROGRAM:
Section
5.01
Policy and Eligibility
Page
15
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Section 5.02
Undergraduate Studies
Page
15
Section 5.03
Post - Graduate Studies
Page
15
Section 5.04
Tuition Reimbursement Program
Page
16
ARTICLE 6
PROMOTIONS:
Section 6.01
Salary Differential upon Promotion
Page
16
Section 6.02
Educational Prerequisites for Promotional
Page
16
Positions
ARTICLE 7
NO- SMOKING CLAUSE:
Section 7.01
Establishment
Page
16
ARTICLE 8
OVERTIME COMPENSATION:
Section 8.01
Pay for Public Relations Appearances
Page
17
Section 8.02
Court On -Call Pay
Page
17
Section 8.03
Call -Back Pay
Page
17
Section 8.04
Court Call -Back Pay
Page
17
ARTICLE 9
DIFFERENTIAL PAY:
Section 9.01
Motor Officer, Canine Officer, Detective and
Special Assignment Pay
Page
17
Section 9.02
Billingual Pay
Page
18
ARTICLE 10
PHYSICAL FITNESS INCENTIVE PROGRAM:
Section 10.01
Purpose
Page
18
Section 10.02
Department Policy
Page
18
Section 10.03
Program Components
Page
18
ARTICLE 11
COMPENSATORY TIME:
Section 11.01
Maximum Accrual
Page
19
Section 11.02
Shooting and Physical Fitness Bank
Page
19
- Maximum Accrual
Section 11.03
Firearms Qualification
Page
19
ARTICLE 12
HOLIDAY PAY:
Section 12.01
Eligible Officers
Page
19
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ARTICLE 13
SICK LEAVE:
Section
13.01
Payment of Sick Leave Accrual
Page
20
After 10 Years Service
Section
13.02
Payment of Sick Leave Accrual
Page
20
After 20 Years Service
Section
13.03
Payment on Disability Retirement
Page
20
Section
13.04
Annual Sick Leave Payout
Page
20
Section
13.05
Family Emergency Leave
Page
20
ARTICLE 14
VACATION LEAVE:
Section
14.01
Accrual Schedule For Employees
On or After July 1, 1994
Page
20
Section
14.02
Accrual Schedule For Employees
Hired Before July 1, 1994
Page
21
- Closed Participation
Section
14.03
Vacation Sell Back
Page
21
ARTICLE 15
BEREAVEMENT LEAVE:
Section
15.01
Maximum Leave Time
Page
21
Section
15.02
Immediate Family Members Defined
Page
21
ARTICLE 16
JURY DUTY:
Section
16.01
Provision
Page
21
ARTICLE 17
HEALTH BENEFITS:
Section
17.01
Medical Insurance Continuation
Page
22
- On Duty Death
Section
17.02
Optical, Dental, and Life Insurance
Page
22
Section
17.03
Medical Contract
Page
22
Section
17.04
City Medical Contribution
Page
22
Section
17.05
Body Scan
Page
23
ARTICLE 18
UNIFORM AND SAFETY EQUIPMENT ALLOWANCE:
Section
18.01
Provision & Annual Allowance
Page
23
Section
18.02
Uniform Cleaning Allowance
Page
23
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ARTICLE 19 RETIREMENT BENEFITS:
Section
19.01
PERS Retirement Formula
Page
23
Section
19.02
PERS "Pick -Up"
Page
23
Section
19.03
Optional Contract Provisions
Page
23
Section
19.04
Minimum Service with City of El Segundo to
Page
24
Receive Retirement Benefits
Section
19.05
Retiree Health Insurance Contribution Program
Page
24
Section
19.06
Police Trainee Retirement Plan
Page
24
ARTICLE 20
DIRECT DEPOSIT and FLEXIBLE
SPENDING ACCOUNT:
Section
20.01
Direct Deposit
Page
24
Section
20.02
Flexible Spending Account
Page
24
ARTICLE 21
COMPUTER LOAN PROGRAM:
Section
21.01
Initial Loan
Page
24
Section
21.02
Prior & Outstanding Balances
Page
24
Section
21.03
Requirements & Conditions
Page
25
ARTICLE 22
MATERNITY POLICY:
Section
22.01
Policy
Page
25
ARTICLE 23
CATASTROPHIC LEAVE PROGRAM:
Section
23.01
Definition of a Catastrophic Illness or Injury
Page
25
Section
23.02
Eligible Employees for Donation and Program
Page
25
Usage
Section
23.03
Policy Procedures
Page
26
ARTICLE 24
LAYOFF PROCEDURES:
Section
24.01
Grounds for Layoff
Page
26
Section
24.02
Notice to Employees
Page
26
Section
24.03
At -Will Employees
Page
26
Section
24.04
Procedures for Layoff
Page
26
Section
24.05
Breaking Ties
Page
26
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Section
24.06
Reduction to a Vacant Position
Page
27
Section
24.07
Displacement Rights
Page
27
Section
24.08
Salary Placement
Page
27
Section
24.09
Reemployment List
Page
27
Section
24.10
Letter of Layoff
Page
27
Section
24.11
Rights on Reemployment
Page
28
Section
24.12
Appeal
Page
28
ARTICLE 25
GRIEVANCE PROCEDURE:
Section
25.01
Definition of Terms
Page
28
Section
25.02
Time Limits
Page
28
Section
25.03
Procedure
Page
28
Section
25.04
Matters Excluded from the Grievance
Page
29
Procedure
Section
25.05
Conferences
Page
30
ARTICLE 26
POLICIES
Section
26.01
Occupational Injury and Illness Policy
Page
30
Section
26.02
Disability Retirement Policy
Page
30
Section
26.03
Fitness for Duty Policy
Page
30
ARTICLE 27
TERM OF AGREEMENT:
Section
27.01
Term
Page
30
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MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE OFFICERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO, CALIFORNIA
ARTICLE 1 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 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.
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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
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 maybe 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.
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Section 1.06 Association Administrative Time
Effective August 1, 2003, Association is granted a total of (240) hours (as a group) per year of paid
Association Administrative Leave (AAL) for the conduct of Association's business and for its
members to participate in activities that further the interests or prestige of the Association. These
activities shall include, but shall not be limited to, attending the Peace Officers' Research Association
of California conference, attending other conference or seminars, instructional classes or participating
on various local or statewide committees or boards. AAL must be authorized by the Association
President and approved by the Police Chief. Effective August 1, 2004, the foregoing allowance for
AAL will be increased to 300 hours (as a group) per year.
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.
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.
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ARTICLE 2 SALARY:
Section 2.01 Salary
A. Police Officers and Sergeants
1. Salary tables for Police Officers and Police Sergeants, effective July 1, 2003, are depicted on
Attachment A of the Memorandum of Understanding.
2. Effective July 15, 2006, the salary schedule will be increased by 2.12 %*
3. Effective July 15, 2007, the salary schedule will be increased by 4.45 %*
* - subject to Article 17, Section 17.04, these salary increases maybe decreased to offset the
cost of the medical insurance premiums. (See Article 17, Section 17.04)
B. Contingency Increases
Subject to the provisions of Article 17, Section 17.04 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 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.
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.
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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 17, Section 17.04, 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.
A. 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.
2. 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 effective July 7, 1984, total
pay shall be 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 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.
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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.
D. This provision will expire on July 31, 2004.
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 July 1, 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.
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.
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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."
C. This provision will expire on July 31, 2004.
Section 3.03 Educational Compensation
A. Effective August 1, 2004, employees will be eligible for education compensation as follows:
1. Qualification for and possession of 60 units or AA degree or Intermediate POST
Certificate — 5% of base salary per month after completion of two (2) years of sworn
law enforcement service.
2. Qualification for and possession of 60 units or AA degree and Intermediate POST
Certificate — 7.5% of based salary per month after completion of two (2) years of sworn
law enforcement service.
3. Qualification for and possession of Advanced POST Certificate — 12% of base salary
per month after completion of three (3) years of sworn law enforcement service.
4. Qualification for and possession of Bachelors degree — 15% of base salary per month
after completion of three (3) years of sworn law enforcement service.
5. Qualification for and possession of Master's Degree — 20% of base salary per month
after completion of four (4) years of sworn law enforcement service.
Section 3.04 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" or 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."
Section 3.05 Longevity Achievement on Merit
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1. Effective August 1, 2003, employees shall be compensated for longevity as follows:
A. Upon completion of five years of paid, full -time sworn law enforcement service an additional
seven and one -half percent (7.5 %)
B. Upon completion of ten years of paid, full -time sworn law enforcement service an additional
nine percent (9 %).
C. Upon completion of fifteen years of paid, full -time sworn law enforcement
service an additional twelve and one -half percent (12.5 %).
D. Upon completion of twenty years of paid, full -time sworn law enforcement service an
additional fifteen percent (15 %).
E. Upon completion of twenty-six years of paid, full -time sworn law enforcement service an
additional twenty-five percent (25 %)
2. Effective August 1, 2005, employees shall be compensated for longevity as follows:
A. Upon completion of five years of paid, full -time sworn law enforcement service an additional
ten percent (10 %).
B. Upon completion of ten years of paid, full -time sworn law enforcement service an additional
twelve and one -half percent (12.5 %).
C. Upon completion of fifteen years of paid, full -time sworn law enforcement service an
additional fifteen percent (15 %).
D. Upon completion of twenty years of paid, full -time sworn law enforcement service an
additional seventeen and one -half percent (17.5 %).
E. Upon completion of twenty-six years of paid, full -time sworn law enforcement service an
additional twenty-seven and one -half percent (27.5 %).
3. Effective July 15, 2006, employees shall be compensated for longevity as follows:
A. Upon completion of five years of paid, full -time swom law enforcement service an additional
twelve and one -half percent (12.5 %).
B. Upon completion of ten years of paid, full -time sworn law enforcement service an additional
fifteen percent (15 %).
C. Upon completion of fifteen years of paid, full -time sworn law enforcement service an
additional seventeen and one -half percent (17.5 %).
D. Upon completion of twenty years of paid, full -time sworn law enforcement service an
additional twenty percent (20 %)
E. Upon completion of twenty-six years of paid, full -time sworn law enforcement service an
additional thirty percent (30 %).
4. After qualifying for longevity pay, an employee shall cease to receive such pay during any time
period that: the employee does not meet the requirements for longevity; the employee is
suspended without pay; or the employee's most recent annual performance evaluation is rated
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ARTICLE 4
Section 4.01
ARTICLE 5
Section 5.01
Section 5.02
Section 5.03
j
J J J4
below standard or unsatisfactory. An employee who has lost his/her eligibility to receive this
benefit because of a substandard annual performance evaluation shall be evaluated quarterly
thereafter until the supervisor deems quarterly evaluations to be no longer necessary. Once an
employee receives his or her first performance evaluation, rated standard or above, the longevity
pay shall be reinstated on the first payroll period following the employee's requalification and
may not be removed until the employee receives a further below standard or unsatisfactory annual
evaluation.
LATERAL ENTRY INCENTIVE PROGRAM:
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.
D. Effective July 31, 2004, this section will expire, and all lateral hires will be eligible for education
incentive pay pursuant to Section 3.03.
TUITION AND BOOK REIMBURSEMENT PROGRAM:
Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all unit
members:
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.
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;
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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 5.04 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 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 5.02 and 5.03 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.
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 1, 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.
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.
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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. Except as set forth below, off -duty personnel who are placed in on -call status for court during
either the morning or the afternoon session will receive three hours of paid overtime at a rate of
time and one -half his/her regular rate of pay as defined in this MOU for each session the officer is
in an on -call status. Off duty personnel who are placed in on -call status for court during both the
morning and the afternoon sessions will receive six hours of paid overtime at a rate of time and
one -half his/her regular rate of pay.
Officers will not receive on call pay if they are:
1. Called into court that session (in which case the employee will receive call -back pay):
2. Ordered to report to work;
3. Already receiving pay from the City for any other reason (e.g., IOD, administrative leave).
B. Officers shall not have the option of reporting to work in lieu of being in an on -call status.
C. Officers who are in an on -duty status are not eligible for court on -call pay.
Section 8.03 Call -Back Pay
A minimum of 2 hours of work time at one and one -half the employee's regular rate of pay shall be
credited for all call backs. Effective August 1, 2004, a minimum of 4 hours of work time at one and
one -half the employee's regular rate of pay shall be credited for all call backs.
Section 8.04 Court Call -Back Pay
A. An officer called into court while off duty shall be paid overtime for all time served plus travel
time (per Department General Order) or three hours (at time and one - half), whichever is greater. "Off -
duty" for the purposes of this section means the officer is not on duty, on paid administrative leave, on
paid IOD leave, or being paid for any other reason.
B. The City will pay $2.00 per meal for police officers required to be in attendance at court during
meal periods.
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 the employee's classification 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 the employee's classification without
incentives.
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Effective August 1, 2004, the City will pay Motor Officers a differential pay equal to 9% above gross
regular pay Step E of the employee's classification 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 7.5% above gross regular pay Step E of the employee's classification without
incentives.
Section 9.02 Bilingual Pay
Effective August 1, 2005, an employee who demonstrates conversational fluency in Spanish (or any
other language designated by the Police Chief), and is assigned to duties in which language skills are
regularly used, shall be entitled to premium compensation of 2.5% above his or her base pay.
Effective July 15, 2007, bilingual pay will be increased to 5% above the employee's base pay. The
City will be responsible for utilizing a standardized, industry accepted test to determine applicants'
qualification for Bilingual Pay.
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. 1.
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
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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.
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 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. 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 (3 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
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holidays on or about December 10 of each year. Effective January 1, 2006, personnel who regularly
work holidays shall be credited with 120 hours of paid holiday leave in their holiday bank.
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 regular rate of pay in
effect at the time of separation.
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. Effective July 15, 2007, upon an employee's separation after twenty (20) years of service as a
sworn law enforcement officer, the City will pay the employee for 100% of his/her accumulated,
unused sick leave at the employee's regular rate of pay in effect at the time of separation.
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.
Section 13.04 Annual Sick Leave Payout
On 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. Effective July 15, 2006, the annual sick leave payout will be increased
to 75 %.
Section 13.05 Family Emergency Leave
Employees shall have the right to use nine (9) days of accumulated sick leave for family emergencies.
Emergencies are generally of a medical nature, for illness or injury of a family member.
ARTICLE 14 VACATION LEAVE:
Section 14.01 Accrual Schedule — For Employees Hired On or After July 1, 1994
Except as set forth in subsection "E" below, effective August 1, 2003, 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`i' year
of service — 96 hours per year.
B. From commencement of the 6th year of service through and including completion of the 10h year
of service — 120 hours per year.
C. From commencement of the 11th year of service through and including completion of the 15`h
year of service — 144 hours per year.
D. Frgm commencement of the 16th year of service through and including completion of the 16`s
year of service - 176 hours per year.
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E. From commencement of the 17`h year of service and for all years of service thereafter up to and
including the 25h year — an additional 8 hours per years of service (i.e., 17 years = 184 hours, 18
years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years =192 hours, 18 years = 200 hours, 19 years = 208 hours ... 25
years and each year thereafter — 256 hours).
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 and until the completion of sixteen years of continuous
service — 176 hours per year.
D. From commencement of the 17a' year of service and for all years of service thereafter up to and
including the 25`s year — increasing 8 hours per year of service (i.e., 17 years = 184 hours, 18
years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours ... 25
years and each year thereafter = 256 hours.
Section 14.03 Vacation Sell Back
The City will allow employees in the Association to sell back 50% of their annual vacation accrual.
The vacation sell back option is available for use by the employee after completion of one year of
service with the City.
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.
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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. Effective August
1, 2005, the City's maximum dollar contribution will be increased to $135 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.
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
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
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.
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
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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 increases. In the event that contingency compensation is insufficient to offset
the .83% cost of insurance then the guaranteed compensation increases in the fourth and fifth years
of the Agreement will be reduced by .415% each year (i.e., July 2006 will be reduced to 1.705 %,
and July 2007 will be reduced to 4.035 %).
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 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 agreement of the parties.
Section 17.05 Body Scan
Effective July 15, 2006, employees will be eligible to receive a full body scan conducted once every
two (2) years at City expense.
ARTICLE 18 UNIFORMS AND SAFETY EQUIPMENT:
Section 18.01 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.
Section 18.02 Uniform Cleaning Allowance
Employees eligible for a uniform cleaning allowance shall receive $325.00 per year. Effective August
1, 2004, the uniform cleaning allowance will be increased to $450.00 per year. Effective August 1,
2005, the uniform cleaning allowance will be increased to $500.00 per year. Effective July 15, 2006,
the uniform cleaning allowance will be increased to $675.00 per year. Effective July 15, 2007, the
uniform cleaning allowance will be increased to $715.00 per year. The value of the cleaning
allowance will be reported to PERS as compensation earnable.
ARTICLE 19 RETIREMENT BENEFITS:
Section 19.01 PERS Retirement Formula
The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
Section 19.02 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 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.
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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
The City will contribute to a 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
1995 and after
Section 19.06 Police Trainee Retirement Plan
Amount of Monthly Contribution
Average dollar cost of the premium for an
employee and 2 or more dependents for the
HMO's available to employees under PEMHCA
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.
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Section 21.03 Requirements and Conditions
A. Subsequent loans or amounts in excess of the above maximum interest free loan, would beat 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.
D. Anti -viral software shall be required as a prerequisite in granting requested loans.
E. 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.
F. 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.
G. 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 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.
B. Forms are available from the Human Resources Department. The Human Resources Department
will maintain all Catastrophic Leave Policy materials.
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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 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 24.03 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 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 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 ('h) time from the date of
hire with the City.
Section 24.05 Breaking Ties - In cases where two or more employees have the same date of hire (i.e. equal
seniority), retention points for job performance shall be credited on the basis of the average of the
overall evaluation ratings for the last three (3) years, provided the last rating had been filed more than
thirty (30) days prior to the date of the layoff notice. Retention points are as follows:
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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 less 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.
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
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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 or a specific provision of a Memorandum of
Understanding. A grievance is distinct from an appeal arising from disciplinary action in that it a
grievance is a violation, misinterpretation or misapplication of a specific written departmental or
agency rule and/or policy or specific provision of a Memorandum of Understanding.
Grievant - A grievant is an employee or group of employees adversely affected by an act or omission
of the agency.
DD y - 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 Flexibilitv
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
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.
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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 II - If the grievance is not resolved at Level I, the grievant may submit a written grievance
to the second level supervisor within five (5) days following the expiration of time at Level I.
1. Procedure for 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,
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.
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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 POLICIES
Section 26.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 26.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy, dated July 22, 2003.
Section 26.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
ARTICLE 27 TERM OF AGREEMENT:
Section 27.01 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.
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