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CONTRACT 3929A - PERM Amendment CLOSEDSIDE LETTER AGREEMENT TO THE JULY 1, 2008 — SEPTEMBER 30, 2011 COMPREHENSIVE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF EL SEGUNDO AND THE EL SEGUNDO POLICE OFFICERS' ASSOCIATION EFFECTIVE: UPON CITY COUNCIL APPROVAL This side letter memorializes an agreement reached between the City of El Segundo ( "City") and the El Segundo Police Officers' Association ( "ESPOA "), to reflect agreed upon amendments to the July 1, 2008 — September 30, 2011 Comprehensive Memorandum of Understanding ( "MOU ") entered into between the City and ESPOA. All other terms and conditions of the existing MOU shall remain in full force and effect. The changes are as follows: Section 7.02 shall be replaced with the following: Section 7.02 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 .co urt- during both the morning and the afternoon sessions will received six hours of paid overtime at a rate of time and one -half his/her regular rate of pay. During the remainder of the term of this MOU, employees eligible for court on -call pay shall receive limited use time off (as defined below) in lieu of pay on a time and one -half basis. Officers will not receive on -call pay or limited use time off in lieu of 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). A. Officers shall not have the option of reporting to work in lieu of being in an on -call status. B. Officers who are in an on -duty status are not eligible for court on -call pay. 451647.1 EL140 -001 Limited use time off is time off that can be taken only when no overtime backfill is required. Limited use time may not be cashed out, although any unused limited use time in one calendar year may be carried over to the next calendar year. Section 7.04.shall be replaced with the following: Section 7.04 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. During the remainder of the term of this MOU, employees eligible for court call -back pay shall receive limited use time off (as defined in Section 7.02 above) in lieu of pay at the same rate. B. The City will pay $2.00 per meal for police officers required to be in attendance at court during meal periods. Section 10.03 shall be replaced with the following: Section 10.03 Firearms Qualifications Police Officers and Police Sergeants will be compensated at their regular hourly rate of pay for firearms qualification as follows: Class Hours per Quarter Q Calendar Months) Distinguished Expert 8 hours Expert 6 hours Sharpshooter 4 hours Marksman 2 hours Qualifying 0 hours During the remainder of the term of this MOU, employees eligible for Firearms Qualification compensation shall receive limited use time off (as defined in Section 7.02) at the same rate in lieu of pay. 2 451647.1 EL 140 -001 3 9 2 9 Section 12.04 shall be replaced with the following: Section 12.04 Annual Sick Leave Payout On or about. December 10 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 %. During the remainder of this MOU, effective with the payout in December 2010, employees shall receive limited use time off (as defined in Section 7.02) in lieu of pay on a straight time basis. Section 13.03 shall be replaced with the following: Section 13.03 Vacation Sell Back The City will allow employees in the Association to sell back 100% of their annual vacation accrual at the regular rate of pay during a single payroll period to be determined each fiscal year by the employee. The vacation sell back option is available for.use by the employee after completion of one year of service with the City. The vacation sell back option shall not be allowed during the remainder of the term of this MOU. Section 17.01 shall be replaced with the following: Section 17.01 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. 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. Uniform cleaning allowances shall not be paid during the remainder of the term of this MOU. Section 18.02 shall be replaced with the following: Section 18.02 PERS Pickup Reported as "Compensation Earnable" The City shall pay on behalf of each employee his or her required 9% "employee contribution" to CalPERS. 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 3 451647.1 EU 40 -001 3 9 19 A. 9 A will also be paid on holiday pay received by eligible employees. For the remainder of the term of this MOU, the City shall pay on behalf of each employee, either: a. 6% of the required employee contribution (with the employee paying the other 3 %); or b. 7% of the required employee contribution (with the employee paying the other 2 %). Under this option, the employee agrees to another 20 (twenty) unpaid furloughs hours in addition to the unpaid furlough hours required under Section 27.01 of this MOU and subject to the same conditions. Employees shall choose either option and may not change their choice once made. An employee who does not make a choice within two (2) weeks of ratification by the City Council of the side letter adopting these options, shall be placed in option (a) for the duration of the term of this MOU. Article 27 is added to the MOU as follows: ARTICLE 27 FURLOUGHS Section 27.01 Mandatory Unpaid Furloughs During the remainder of the term of this MOU, each unit employee shall have 93 (ninety- three) unpaid furlough hours. Furlough hours shall be scheduled with the primary concern being the needs of the Department and shall be approved by the Chief of Police. During any furlough period, the employee shall not receive his or her base pay, but shall receive all special pays and other forms of compensation, as well as maintain all insurance benefits. Patrol Division — In the event that a patrol shift falls below Departmental staffing needs on a previously scheduled furlough day, personnel from other Divisions may be temporarily re- assigned to augment the patrol function. The City shall monitor the number of furlough hours taken during the remainder of the MOU. If the City determines that it is unlikely that the number of furlough hours will meet the ninety -three (93) hour per employee requirement before the September 30, 2011 deadline, employees shall authorize the City to reduce the employee's check by amount needed to cover the unpaid furlough hours. 4 451647.1 E1,140 -001 3929 P,;. Article 28 is added to the MOU as follows: ARTICLE 28 LIMITED LAYOFFS Section 28.01 No Layoffs Before September 30, 2011 The City agrees to guarantee that no layoffs of unit members will occur during the remainder of Fiscal Year 2010/2011 unless at any time during the remainder of the fiscal year general fund revenues fall ten percent (10 %) below the adopted budgets as to any quarter in the fiscal year. El Segundo Police Q>i'ficers' Association Date: I-Afi . Sgt. Mike G 11; OA President DC.i . a9 )DID 5 451647.1 EL140 -001 City of El Segundo By: Tack Wayt, Cdy Manager Q Zl?--- r -