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CONTRACT 4194 - PERM Memorandum of Understanding CLOSED4194., EXHIBIT "A" COMPREHENSIVE MEMORANDUM OF UNDERSTANDING October 1, 2011— September 30, 2013 (or September 30, 2014 if extended by ESPOA) THE EL SEGUNDO POLICE OFFICERS' ASSOCIATION 266104.13 f L 140 -029 Page 1 October 1, 2011- September 30, 2013 MOU 266104.13 EL140 -029 ^ / TABLE OF CONTENTS ARTICLE I 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 8 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 9 Section 2.02 Regular Rate of Pay Page 10 Section 2.03 Step Advancement - Accelerated Page 10 Section 2.04 Notice Requirement to Withhold Step Page 10 Increase ARTICLE 3 EDUCATION /CERTIFICATE INCENTIVE Section 3.01 Educational Compensation Page 10 Section 3.02 Certification Requirement for Educational Compensation Page 11 Section 3.03 Longevity Achievement on Merit Page 11 ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM Section 4.01 Policy and Eligibility Page 12 Section 4.02 Undergraduate Studies Page 12 Section 4.03 Post - Graduate Studies Page 12 Page 1 October 1, 2011- September 30, 2013 MOU 266104.13 EL140 -029 ^ / Section 4.04 Tuition Reimbursement Program Page 13 ARTICLE 5 PROMOTIONS Section 5.01 Salary Differential upon Promotion Page 13 Section 5.02 Educational Prerequisites for Promotional Page 13 Positions ARTICLE NO- SMOKING CLAUSE Section 6.01 Establishment Page 13 ARTICLE 7 OVERTIME COMPENSATION Section 7.01 Pay for Public Relations Appearances Page 13 Section 7.02 Court On -Call Pay Page 13 Section 7.03 Call -Back Pay Page 14 Section 7.04 Court Call -Back Pay Page 14 ARTICLE 8 DIFFERENTIAL PAY Section 8.01 Motor Officer, Canine Officer, Detective and Special Assignment Pay Page 14 Section 8.02 Motorcycle Maintenance Page 14 Section 8.03 Canine Unit Page 14 Section 8.04 Bilingual Pay Page 15 ARTICLE 9 PHYSICAL FITNESS INCENTIVE PROGRAM Section 9.01 Purpose Page 15 Section 9.02 Department Policy Page 15 Section 9.03 Program Components Page 16 ARTICLE 10 COMPENSATORY TIME Section 10.01 Maximum Accrual Page 16 Section 10.02 Shooting and Physical Fitness Bank Page 16 - Maximum Accrual Page 2 October 1, 2011- September 30, 2013 MOU 266104.13 E1.140 -029 4194•,`,) Section 10.03 Firearms Qualification Page 17 ARTICLE 11 HOLIDAY PAY Section 11.01 Eligible Officers Page 17 ARTICLE 12 SICK LEAVE Section 12.01 Payment of Sick Leave Accrual Page 17 After 10 Years Service Section 12.02 Payment of Sick Leave Accrual Page 17 After 20 Years Service Section 12.03 Payment on Disability Retirement Page 17 Section 12.04 Annual Sick Leave Payout Page 17 Section 12.05 Family Emergency Leave Page 17 ARTICLE 13 VACATION LEAVE Section 13.01 Accrual Schedule For Employees On or After July 1, 1994 Page 18 Section 13.02 Accrual Schedule For Employees Hired Before July 1, 1994 Page 18 - Closed Participation Section 13.03 Vacation Sell Back Page 19 ARTICLE 14 BEREAVEMENT LEAVE Section 14.01 Maximum Leave Time Page 19 Section 14.02 Immediate Family Members Defined Page 19 ARTICLE 15 JURY DUTY Section 15.01 Provision Page 19 ARTICLE 16 HEALTH BENEFITS Section 16.01 Medical Insurance Continuation Page 20 - On Duty Death Section 16.02 Optical, Dental, and Life Insurance Page 20 Page 3 October 1, 2011- September 30, 2013 MOU 266104.13 E1,140 -029 Section 16.03 Medical Contract Page 21 Section 16.04 City Medical Contribution Page 21 Section 16.05 Body or Heart Scan Page 21 Section 16.06 Maximum Funding of Active /Retiree Ins. Prem. Page 21 ARTICLE 17 UNIFORM AND SAFETY EOUIPMENT ALLOWANCE Section 17.01 Provision & Annual Allowance Page 21 ARTICLE 18 RETIREMENT BENEFITS Section 18.01 PERS Retirement Formula Page 21 Section 18.02 PERS "Pick -Up" Page 22 Section 18.03 Optional Contract Provisions Page 22 Section 18.04 Minimum Service with City of El Segundo to Page 22 Receive Retirement Benefits Section 18.05 Retiree Health Insurance Contribution Program Page 22 ARTICLE 19 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT Section 19.01 Direct Deposit Page 22 Section 19.02 Flexible Spending Account Page 23 ARTICLE 20 COMPUTER LOAN PROGRAM Section 20.01 Initial Loan Page 23 Section 20.02 Prior & Outstanding Balances Page 23 Section 20.03 Requirements & Conditions Page 23 ARTICLE 21 MATERNITY POLICY Section 21.01 Policy Page 23 ARTICLE 22 CATASTROPHIC LEAVE PROGRAM Section 22.01 Definition of a Catastrophic Illness or Injury Page 23 Page 4 October 1, 2011- September 30, 2013 MOU 266104 13 E1.140 -029 Section 22.02 Eligible Employees for Donation and Program Page 24 Usage Section 22.03 Policy Procedures Page 24 ARTICLE 23 LAYOFF PROCEDURES Section 23.01 Grounds for Layoff Page 24 Section 23.02 Notice to Employees Page 24 Section 23.03 At -Will Employees Page 25 Section 23.04 Procedures for Layoff Page 25 Section 23.05 Breaking Ties Page 25 Section 23.06 Reduction to a Vacant Position Page 25 Section 23.07 Displacement Rights Page 25 Section 23.08 Salary Placement Page 25 Section 23.09 Reemployment List Page 26 Section 23.10 Letter of Layoff Page 26 Section 23.11 Rights on Reemployment Page 26 Section 23.12 Appeal Page 26 Section 23.13 Limited Agreement -No Layoffs Page 26 ARTICLE 24 GRIEVANCE PROCEDURE Section 24.01 Definition of Terms Page 27 Section 24.02 Time Limits Page 27 Section 24.03 Procedure Page 27 Section 24.04 Matters Excluded from the Grievance Page 28 Procedure Section 24.05 Conferences Page 28 ARTICLE 25 POLICIES Section 25.01 Occupational Injury and Illness Policy Page 28 Section 25.02 Disability Retirement Policy Page 28 Page 5 October 1, 2011 - September 30, 2013 MOU 266104.13 EL140 -029 Section 25.03 Fitness for Duty Policy Page 29 Section 25.04 POBR Limited Appeals Page 29 Section 25.05 Drug Free Work Place Policy Page 31 Section 25.06 Retiree Medical Trust Page 31 ARTICLE 26 TERM OF AGREEMENT Section 26.01 Term Page 31 ARTICLE 27 LIMITED -USE TIME OFF Page 31 ARTICLE 28 WORK SCHEDULE Page 31 Page 6 October 1, 2011- September 30, 2013 MOU 266104.13 GL140 -029 41 9 4 . ,•,,J ARTICLE 1 GENERAL PROVISIONS Section 1.01 Preamble fa 1 y 4 N� 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. 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. Page 7 October 1, 2011 - September 30, 2013 MOU 266104 13 E•L140 -029 4194. 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 Association is granted a total of three hundred hours (as a group) per calendar 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. Page 8 October 1, 2011- September 30, 2013 MOU 266104.13 F-1140-029 4 Section 1.07 Association Hearing Cost Contribution 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. ARTICLE 2 SALARY Section 2.01 Salary Step Step A Step B Step C Step D Step E 266104 13 ELI 40-029 1. The base salary schedule of unit classifications as of October I, 2011 shall be as follows: Officer Base Salary 5407.54 5677.92 5961.82 6259.92 6572.90 Sergeant Base Salary 6774.53 7113.25 7468.92 7842.35 8234.48 Page 9 October 1, 2011- September 30, 2013 MOU If general fund actual core gross revenues increase by $1.5 million or more in fiscal year 2011 -12 compared to fiscal year 2010 -2011 and /or by $1.5 million in fiscal 2012 -13 as compared to 2011 -2012, (and/or by $1.5 million in fiscal 2013 -14 as compared to 2012 -2013, in the event this agreement is extended pursuant to Section 26.01) then the employees covered under this MOU will be entitled to a COLA increase effective the pay period including October 1 of the fiscal year immediately following the qualifying fiscal year(s). In other words, if the general fund actual core gross revenues in fiscal year 2011 -12 and/or 2012 -13 (and or 2013/14 if this agreement is extended) are $1.5 million or more greater than those in the previous fiscal year, the COLA increase will take effect October 1, 2012, and /or 2013 (and/or 2014 id this agreement is extended). The amount of the COLA increase will be based upon the percentage increase in the Consumer Price Index (CPI -U) in the Los Angeles- Riverside - Orange County geographic area for the twelve month period ending the most recent August 31. Core gross revenues for this section shall mean all revenues except Net of All Transfers, other Licenses and Permits (account numbers: 3400 -3499) and Charges for Services (account numbers: 3800 - 3899). Section 2.02 Regular Rate of Pay This MOU periodically refers to the "regular rate of pay." The "regular rate of pay" is defined in 29 CFR § 778.108 et. seq. The "definition" used in this MOU is for general reference and does not override the specific definitions set forth in the FLSA. Therefore, as used in this MOU, the regular rate of pay is the remuneration paid to or on behalf of the employee except gifts, travel expenses, other reimbursable expenses, payments not mandated by the MOU or other rules /regulations, retirement and insurance contributions by the City, overtime and holiday pay. These are examples only and not intended to be an all- inclusive definition of the "regular rate of pay." Applicable statutes /case law shall prevail over any MOU definitions inconsistent with statues /case law. The regular rate of pay shall be calculated in dollars and cents rounded off to two (2) decimal places to the right of the decimal point. Section 2.03 Step Advancement - Accelerated The Police Chief may recommend to the Human Resources 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 Educational Compensation Employees shall be eligible for education incentive compensation as follows: Qualification for and possession of either 60 units, or AA degree, or Intermediate POST Certificate and completion of two (2) years of sworn law enforcement service shall Page 10 October 1, 2011- September 30, 2013 MOU 266104.13 EL140 -029 41 9 4 . 41,01 entitle employee to the dollar amount in Salary Schedule 2, column AA or POST, in the salary step to which the employee is entitled. 2. Qualification for and possession of either 60 units, or AA degree, and Intermediate POST Certificate and completion of two (2) years of sworn law enforcement service shall entitle employee to the dollar amount in Salary Schedule 2, column AA + POST, in the salary step to which the employee is entitled. 3. Qualification for and possession of Advanced POST Certificate and completion of three (3) years of sworn law enforcement service shall entitle employee to the dollar amount in Salary Schedule 2, column Advanced POST, in the salary step to which the employee is entitled. 4. Qualification for and possession of Bachelor's degree and completion of three (3) years of sworn law enforcement service shall entitle employee to the dollar amount in Salary Schedule 2, column BA, in the salary step to which the employee is entitled. 5. Qualification for and possession of Master's degree and completion of four (4) years of sworn law enforcement service shall entitle employee to the dollar amount in Salary Schedule 2, column MA, in the salary step to which the employee is entitled. 6. Salary Schedule I is attached hereto as Exhibit I and incorporated herein as though set forth in full. Section 3.02 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 3.03 Longevity Achievement on Merit 1. Employees shall be compensated for longevity in the following circumstances, as is set forth in Exhibit 1 (Salary Schedule 1) A. Upon completion of five years of paid, full -time sworn law enforcement service B. Upon completion of ten years of paid, full -time sworn law enforcement service C. Upon completion of fifteen years of paid, full -time sworn law enforcement service D. Upon completion of twenty years of paid, full -time sworn law enforcement service E.Upon completion of twenty -six years of paid, full -time sworn law enforcement service 2. 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 Page 11 October 1, 2011- September 30, 2013 MOU 266104 13 EL140 -029 suspended without pay; or the employee's most recent annual performance evaluation is rated 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. 3. Effective from October 1, 2011 through September 30, 2013 (or September 30, 2014, in the event the MOU is extended by the ESPOA pursuant to Section 26.01), longevity compensation shall be reduced by $50 at each level. For the limited period of October 1, 2011 through September 30, 2013 (or September 30, 2014, in the event the MOU is extended by the ESPOA) salaries inclusive of as is set forth in Exhibit 2 (Salary Schedule 2) ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM Section 4.01 Policy and Eligibility The following college -level tuition and book reimbursement program shall be applicable to all unit members: Section 4.02 Undergraduate Studies (Studies undertaken In pursuit of an Associate's or a Bachelor's degree). A. The City shall reimburse each affected employee in an amount equal to 100% of tuition and book expenditures incurred while employed by the City and while a student at any accredited college or university having its campus in the State of California. However, the tuition reimbursement described herein, shall not exceed the per -unit tuition cost required by the University of California or California State University, whichever is higher. B. Tuition and book reimbursement shall be provided only for those classes in which a certified college or university transcript evidences the employee attaining a grade of "C" or better (or where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre - enrollment by the Chief of Police or his/her designee. Section 4.03 Post - Graduate Studies (Post- Graduate studies are defined as those undertaken in pursuit of a degree beyond a Bachelor's). A. The City shall reimburse each affected employee pursuing post - graduate studies in an amount equal to 100% of tuition and book expenditures incurred while employed by the City and while pursuing said studies at the University of California or California State University; B. The City shall reimburse each affected employee pursuing post - graduate studies at other accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures incurred while employed by the City and while pursuing said studies; C. Tuition and book reimbursement shall be provided only for those classes in which a certified university transcript evidences the employee attaining a grade of "C" or better (or where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre - enrollment by the Chief of Police or his /her designee. Page 12 October 1, 2011- September 30, 2013 MOU 266104.13 ELI 40-029 r Section 4.04 Tuition Reimbursement Program — effective August 1, 2003. A. The City will reimburse each applicable employee for the cost of undergraduate and graduate education, in an amount not to exceed 100% of the cost of tuition and book/supplies at UCLA or UCI, whichever is higher. All employees who are enrolled in graduate or undergraduate programs 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 5 PROMOTIONS Section 5.01 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 5.02 Educational Prerequisites for Promotional Positions A. Any applicant seeking to participate in any segment of a Sergeant's examination, 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 must be qualified for and possess a Bachelor's degree at the time of participating in any such segment(s) of the examination. ARTICLE 6 NO- SMOKING CLAUSE Section 6.01 Establishment All personnel employed on or after July 1, 1988, shall, as a condition of initial and continued employment, refrain from smoking and /or using tobacco products at any time on or off duty. ARTICLE 7 OVERTIME COMPENSATION Section 7.01 Pay for 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 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 Page 13 October 1, 2011- September 30, 2013 MOU 266104.13 E1.140 -029 4 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 received six hours of paid overtime at a rate of time and one -half his/her regular rate of pay. Effective from October 1, 2011 through September 30, 2013 (or September 30, 2014, in the event the MOU is extended by the ESPOA pursuant to Section 26.01), in lieu of accruing pay for Court On -Call unit employees shall accrue an equivalent number of hours of "limited use" time off, 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 7.03 Call -Back Pay 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 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. B. The City will pay $2.00 per meal for police officers required to be in attendance at court during meal periods. ARTICLE 8 DIFFERENTIAL PAY Section 8.01 Motor Officer, Canine Officer, Detective and Special Assignment Pay The City shall pay motor officers a monthly $51 1.01 (Police Officer) or $640.19 (Sergeant.) The City shall pay detectives, canine officers and employees designated by the Chief of Police as having special assignments, $425.84 per month. Section 8.02 Motorcycle Maintenance By and through the Association, those unit members assigned to motorcycle duty agree that the above monthly stipend is reasonably necessary to provide for the cleaning and maintenance of the assigned motorcycle and that this stipend is intended to compensate unit members assigned to motorcycle duty for all off duty hours spent cleaning and maintaining their assigned motorcycle, in compliance with the FLSA and interpretive cases and rulings. The parties acknowledge that the FLSA, which governs the entitlement to compensation for motorcycle cleaning and maintenance, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty maintenance and cleaning duties. The hours represented by the above stipend in this agreement were determined after an actual inquiry of the Page 14 October 1, 2011- September 30, 2013 MOU 266104 13 ELI 40-029 officers assigned to motorcycle duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9" Cir. 2004.) It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply with the requirements of the FLSA. Since at least 2000, the method of agreeing upon the above stipend and its amount have been in accord with requirements of the FLSA. Section 8.03 Canine Unit By and through the Association, those unit members assigned to canine duty agree that the above monthly stipend is reasonably necessary to provide for the care and maintenance of the assigned canine and that this stipend is intended to compensate unit members assigned to canine duty for all off duty hours spent caring and maintaining for their assigned canine, in compliance with the FLSA and interpretive cases and rulings. The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine care and maintenance, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty care and maintenance duties. The hours represented by the above stipend in this agreement were determined after an actual inquiry of the officers assigned to canine duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9a' Cir. 2004.) It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply with the requirements of the FLSA. Since at least 2000, the method of agreeing upon the above stipend and its amount have been in accord with requirements of the FLSA. Section 8.04 Bilingual Pay The City will be responsible for utilizing a standardized, industry accepted test to determine applicants' qualification for Bilingual Pay. An employee who demonstrates conversational fluency in Spanish (or another 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 $283.90 (Police Officer) or $355.66 (Sergeant) monthly. ARTICLE 9 PHYSICAL FITNESS INCENTIVE PROGRAM Section 9.01 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 9.02 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. Page 15 October 1, 2011- September 30, 2013 MOU 266104.13 EL140 -029 4194•. a.` Section 9.03 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. 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 10 COMPENSATORY TIME Section 10.01 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 physical fitness and compensatory time off and the compensatory time bank shall be credited first with the remainder credited to the fitness pay. Section 10.02 Physical Fitness Bank - Maximum Accrual Fitness Compensation A separate bank shall be established for the accumulation of physical fitness time off, with a maximum accrual of fifty (50) hours. City has the option to pay the employee or increase the time Page 16 October 1, 2011- September 30, 2013 MOU 266104 13 EL140 -029 4 j 4 off bank for physical fitness bonus after 50 hours, with no payoff of accrued time upon separation. Section 10.03 Firearms Qualification 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 Effective from October 1, 2011 through September 30, 2013 (or September 30, 2014,in the event the MOU is extended by the ESPOA pursuant to Section 26.01), in lieu of accruing pay for Firearm Qualification unit employees shall accrue an equivalent number of hours of "limited use" time off, ARTICLE 11 HOLIDAY PAY Section 11.01 Eligible Officers Personnel who regularly work holidays shall be credited with 120 hours of paid holiday leave in their holiday bank. ARTICLE 12 SICK LEAVE Section 12.01 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 12.02 Payment of Sick Leave Accrual - After 20 Years Service 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. Upon completing twenty (20) years of service and age 47, an employee may elect to cash out one -third of earned, unused sick leave, prior to separation, for a period not to exceed three years, up to the maximum dollar value of deferred compensation "catch up" permitted by law. In no event, can an employee cash -out a cumulative total greater than that permitted herein, and in no event shall the post- distribution sick leave balance be less than 120 hours. Page 17 October 1, 2011- September 30, 2013 MOU 266104.13 ELI 40-029 4194..•-, -j Section 12.03 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 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 seventy -five percent (75 %) og the sick leave accumulated and not used during the preceding twelve month period. Effective from October 1, 2011 through September 30, 2013 (or September 30, 2014,in the event the MOU is extended by the ESPOA pursuant to Section 26.01), in lieu of accruing pay for 75% of sick leave over 1056 hours, unit employees shall accrue an equivalent number of hours of "limited use" time off, Section 12.05 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 13 VACATION LEAVE Section 13.01 Accrual Schedule — For Employees Hired On or After July 1, 1994 Vacation for employees hired on or after July 1, 1994, shall be accrued pursuant to the following schedule: A. From commencement of the 1st 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 10th year of service — 120 hours per year. C. From commencement of the l 1 th year of service through and including completion of the 15th year of service — 144 hours per year. D. From commencement of the 16th year of service through and including completion of the 16th year of service — 176 hours per year. E. From commencement of the 17th year of service and for all years of service thereafter up to and including the 25th 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 13.02 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. Page 18 October 1, 2011- September 30, 2013 MOU 266104 13 EL140 -029 4194.,';�I 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 17`h year of service and for all years of service thereafter up to and including the 25`h 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 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. Effective from October 1, 2011 through September 30, 2013 (or September 30, 2014, in the event the MOU is extended by the ESPOA pursuant to Section 26.01), this provision shall be suspended, ARTICLE 14 BEREAVEMENT LEAVE Section 14.01 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 14.02 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 15 JURY DUTY Section 15.01 Provision Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of the following conditions: a. The employee must provide written notice of the expected Jury Duty to his or her supervisor as soon as possible, but in no case later than 14 days before the beginning of Jury Duty (defined as the date on which the employee is directed by jury summons to either commence telephone contact with the jury administrator and /or appear in court.) b. During the first two weeks of Jury Duty, an employee shall be entitled to receive his or her regular compensation. c. For any portion of Jury Duty that extends beyond the first two weeks, such extended Jury Duty period shall be without pay unless, the employee presents written evidence that the court estimated Page 19 October 1, 2011- September 30, 2013 MOU 266104.13 El. 140-029 during voire dire that the trial would be of two or less weeks duration, or in the alternative the employee presents written evidence that he /she advised the court that City compensation was limited to two weeks, that the employee asked to be excused because of this hardship, and the request was denied. d. Any compensation for the first two weeks of Jury Duty, except travel reimbursement pay, must be deposited with the Director of Human Resources. e. While on Jury Duty, the employee must report to work — during any portion of a day that the employee is relieved of Jury Duty for three or more consecutive hours. f. The employee must provide documentation of his or her daily attendance on Jury Duty. ARTICLE 16 HEALTH BENEFITS Section 16.01 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 16.02 Optical, Dental, and Lire 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. Page 20 October], 2011- September 30, 2013 MOU 266104 13 EL140 -029 D. Selection of the vision insurance plan carrier shall be made by the City. Section 16.03 Medical Contract The City contracts with the California PERS for the Public Employees' Medical and Hospital Care Program for medical insurance. Section 16.04 City Medical Contribution The monthly City -paid Health Insurance Premium Contribution for medical /mental health insurance 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 Los Angeles area, as that term is defined by CalPERS (Los Angeles, San Bernardino and Ventura County) 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 2010 plan year without agreement of the parties. Section 16.05 Body or Heart Scan Commencing July 1, 2008, each employee shall be eligible to receive a "body or heart scan" to be conducted once every two (2) years at City expense. Eligibility for the "body or heart scan" shall be determined by the examining physician at the Westchester Medical Group /Center for Heart and Health during the employee's annual examination pursuant to the July 3, 2003 FITNESS FOR DUTY POLICY. The physician shall determine whether or not undertaking a "body or heart scan" is reasonable and appropriate. Section 16.06 Maximum City Funding of Active Employee /Retiree Insurance Premiums The cumulative monthly City- funding of any PERS medical insurance plans for active employees and/or retirees, shall not exceed $1,800.00 per month. ARTICLE 17 UNIFORM AND SAFETY EQUIPMENT ALLOWANCE 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. In addition, the City shall pay to each unit employee a uniform allowance of $715.00 per year. Effective from October 1, 2011 through September 30, 2013 (or September 30, 2014, in the event the MOU is extended by the ESPOA pursuant to Section 26.01), the City shall not pay a uniform allowance, ARTICLE 18 RETIREMENT BENEFITS Section 18.01 PERS Retirement Formula A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees. B. For employees first hired by the City in a sworn capacity on or after October I, 2011, (or such later date as the City's contract with CalPERS becomes effective) the retirement formula shall Page 21 October 1, 2011 - September 30, 2013 MOU 266104.13 El, 140-029 a� � t•Y 4 1 9 4 . • °' be 3% at 55, pursuant to California Government Code Section 21363. I, 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, pursuant to California Government Code 20961. Effective from October 1, 2011 through September 30, 2013 (or September 30, 2014, in the event the MOU is extended by the ESPOA pursuant to Section 26.01), the City shall pay on behalf of each employee six percent (6 %) of his or her required "employee contribution" to CaIPERS and the employee shall pay three percent (3 %) Additionally, the City shall report the full amount of its pick -up of the required "employee contribution" to the California Public Employees' Retirement System as compensation earnable, pursuant to California Government Code 20636(c)(4). Said contributions will also be paid on holiday pay received by eligible employees. Section 18.03 Optional Contract Provisions A. The City shall provide "Level 4" 1959 Survivors Benefits. B. The City shall provide for the Government Code § 21548 PRE - RETIREMENT OPTION 2W DEATH BENEFIT. C. The City shall provide the Single Highest Year formula. Section 18.04 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 18.05 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 Amount of Monthly Contribution 1995 and after Average dollar cost of the premium for an employee and 2 or more dependents for the HMO's available to employees under PEMHCA ARTICLE 19 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT Section 19.01 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. Page 22 October 1, 2011- September 30, 2013 MOU 266104.13 EL140 -029 41 94 Section 19.02 Flexible Spending Account The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the Internal Revenue Code. ARTICLE 20 COMPUTER LOAN PROGRAM Section 20.01 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 20.02 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. Section 20.03 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 21 MATERNITY POLICY Section 21.01 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 22 CATASTROPHIC LEAVE PROGRAM Section 22.01 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. Page 23 October 1, 2011- September 30, 2013 MOU 266104 13 EL140 -029 �}}, L } J 4 , Section 22.02 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. Section 22.03 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 100 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 23 LAYOFF PROCEDURES Section 23.01 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 23.02 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. Page 24 October 1, 2011- September 30, 2013 MOU 266104 13 EL140 -029 41 94 . ,•;11 Section 23.03 At -Will Emnloyees - 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 23.04 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 23.05 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: 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 23.06 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 23.07 Displacement Rights A. An employee designated for layoff as a result of abolition of a position or classification may displace ( "bump ") an employee in a lower classification in which the employee has prior service, provided the laid off employee has greater seniority than the employee in the lower classification. B. An employee designated for layoff with greater seniority may displace ( "bump ") a less senior employee in a lower classification, for which he /she is immediately qualified to perform. Section 23.08 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 Page 25 October 1, 2011- September 30, 2013 MOU 266104 13 E1.140 -029 4 l 9 4 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 23.09 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 23.10 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 23.11 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 23.12 Anneal 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. Section 23.13 Limited Agreement Not to Lay Off The City agrees to guarantee that no layoffs of unit members will occur during the term of this MOU unless at any time during the terin of the contract the general fund actual core gross revenues as defined in Article 2 for any six month period fall seven and one half percent (7.5 %) below the prior fiscal year actual core gross revenues for the same six month period. Before instituting any layoffs the City will agree to meet and confer in good faith with the Association to explore alternative cost saving approaches. Page 26 October 1, 2011- September 30, 2013 MOU 266104.13 EL140 -029 41 94 - . ".4 ARTICLE 24 GRIEVANCE PROCEDURE Section 24.01 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. Day - A day is a business day (Monday- Friday). Immediate Supervisor - The first level supervisor of the grievant. Section 24.02 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 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 24.03 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 1. 1. Procedure for Filing a Grievance - In filing a grievance, the employee should set forth the following information: Page 27 October 1, 2011- September 30, 2013 MOU 266104 13 GL140 -029 41 944 . • r 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 24.04 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. Section 24.05 Conferences Grievants and City representatives, upon request, shall have the right to a conference at any level of the grievance procedure. ARTICLE 25 POLICIES Section 25.01 Occupational Injury and Illness Policy The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003. Section 25.02 Disability Retirement Policy The parties have agreed upon a Disability Retirement Policy, dated May 2010. Page 28 October 1, 2011- September 30, 2013 MOU 266104.13 ELI 40-029 41 94 . , A Section 25.03 Fitness for Duty Policy The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003. Section 25.04 POBR LIMITED APPEALS The following administrative appeal process is established pursuant to Government Code § 3304.5. It shall supplement, though not replace, the disciplinary appeal process established pursuant to the City of El Segundo Ordinance utilizing the Los Angeles County Civil Service Commission hearing process (Municipal Code § 1- 6 -16.) This procedure shall not apply to disciplinary actions for which officers already are entitled to receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service Commission hearing process (set forth in Municipal Code § 1- 6 -16.) It shall only apply to punitive actions, as that term is defined by Government Code § 3303, for which officers do not already receive an appeal hearing before the Los Angeles County Civil Service Commission. Right to Administrative Appeal A. Any public safety officer (as defined by Government Code § 3301) who is subjected to punitive action (as defined by Government Code § 3303) consisting of a written reprimand, a transfer for purposes of punishment, specialty, assignment, bonus, or similar pay, or a suspension for five (5) or less days, is entitled to an administrative appeal only pursuant to this procedure. An officer shall not be entitled to appeal an action prior to its imposition. B. The City and the Association mutually agree to reopen the Memorandum of Understanding regarding the drafting of a POBR Hearing Policy regarding a reduction in salary caused by a reassignment resulting in a loss of incentive , specialty assignment, bonus or similar pay. C. An officer who appeals a punitive action under this procedure shall bear his/her own costs associated with the appeal hearing, including but not limited to any and all attorney fees. The cost of a hearing officer shall be equally borne by the Association and the City. 2. Appeal of Written Reprimands A. Within five (5) calendar days of receipt by an officer of notification of punitive action consisting of a written reprimand, the officer shall notify the Chief of Police in writing of the officer's intent to appeal the written reprimand. B. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. Hearing Officer (Appeal of Written Reprimands Only) A. The City Manager shall hear appeals of written reprimands, and may adopt, modify or reject the written reprimand. The City Manager's decision shall be final and binding. B. The City Manager level administrative appeal shall not be a trial -type Page 29 October 1, 2011- September 30, 2013 MOU 266104 13 EL140 -029 41 94. evidentiary hearing. The limited purpose of the hearing shall be to provide the officer with an opportunity to establish a record of the circumstances surrounding the action and to seek modification or rejection of the written reprimand. There shall be no subpoenas issued (for people or documents.) Appeal of Other Punitive Action A. Appeal of punitive action consisting of suspensions of five (5) or less days, a transfer for purposes of punishment, or a reduction in salary caused by a reassignment shall be subject to appeal by means of the officer filing an appeal with the Chief of Police within five (5) calendar days of receipt by the officer of notice of punitive action being implemented on a date certain. The officer shall notify the Chief of Police in writing of the officer's intent to appeal said action. B. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal. C. The appeal shall be presided over by a hearing officer selected from a list of nine (9) provided by the State Mediation and Conciliation Service. The hearing officer shall be selected by alternate striking of names by the respective parties. 5. Conduct of Hearing (5 days or less suspensions, transfers for purposes of punishment, reduction in salary caused by a reassignment.) A. The formal rules of evidence do not apply, although the hearing officer shall have discretion to exclude evidence that is incompetent, irrelevant or cumulative, or the presentation of which will otherwise consume undue time. B. The parties may present opening statements. C. The parties may present evidence through documents and direct testimony. D. The parties shall not be entitled to confront and cross - examine witnesses. E. Following the presentation of evidence, if any, the parties may present closing arguments. F. Recording of the Hearing The hearing shall be audio recorded. G. Representation The officer may be represented by a representative of his or her choice at all stages of the proceedings. All costs associated with such representation and the presentation of the officer's case, shall be borne by the Association. The Department shall also be entitled to representation at all stages of the proceedings. The Department shall bear its cost of representation and of presentation of its case. 6.The hearing officer fees shall be equally borne by the City and the Association. Decision Page 30 October 1, 2011- September 30, 2013 MOU 266104.13 EL 140 -029 4154• , A. The decision of the hearing officer shall be final subject to the right of each party to the proceeding to contest the hearing officer's determination by means of a C.C.P. $ 1094.5 petition for writ of mandate. Section 25.05 Drug Free Work Place Policy The City and the Association mutually agree to reopen the Memorandum of Understanding regarding the City's Substance Abuse Policy and Drug Free Work Place Statement, drafted July 1, 2008. Section 25.06 Retiree Medical Trust The City and the Association mutually agree to reopen the Memorandum of Understanding regarding the establishment and administration of a PORAC Retiree Medical Trust for Association members. ARTICLE 26 TERM OF AGREEMENT Section 26.01 Term The term of this MOU shall commence on October 1, 2011 and shall end on September 30, 2013; provided, however, the Association shall have the unilateral option to extend this agreement one additional year (to September 30, 2014) by providing written notice to the City Manager on or before March 30, 2013. ARTICLE 27 "LIMITED USE" TIME OFF Section 27.01 As specified in this MOU, employees granted "limited use" time off in lieu of pay shall be permitted to accrue such paid leave without limitation. An employee wishing to use "limited use" time off must obtain approval from his or her supervisor. "Limited use" time off requests shall generally only be granted when, at the time of the request, it does not appear that an overtime backfill will be required. Once a request for "limited use" time off is approved, it shall be granted. Employees cannot cash in "limited use" time off, except upon separation from the City. Upon such separation an employee shall be paid for all "limited use" time off at the employee's regular rate of pay then in effect. ARTICLE 28 WORK SCHEDULE Section 28.01 Work schedule - prior to January 2012 bid Unit employees assigned to Patrol shall work a 4/10 work schedule that consists of a weekly schedule of four consecutive work days of 10 consecutive hours each (inclusive of paid breaks and a 45- minute paid meal period) followed by three consecutive days off. Section 28.02 Alternate Work Schedule- post January 2012 bid Effective coincident with the start of the January 2012 bid, employees assigned to Patrol will work either a 3/12.5 or 3/12.5 - 4/10 hybrid schedule. The determination of which schedule is used shall be made jointly by the police chief and the Association. a. 3/12.5 schedule - consists of a weekly schedule of three consecutive work days of 12.5 Page 31 October 1, 2011 - September 30, 2013 MOU 266104 13 EL140 -029 a • 4 consecutive hours each (inclusive of paid breaks and a 45- minute paid meal period) followed by three consecutive days off. In addition, each employee shall be scheduled to work one additional shift each of 10 consecutive hours (inclusive of paid breaks and a 45- minute paid meal period) each 28 days. b. 3/12.5 — 4/10 hybrid schedule — consists of having some employees being regularly assigned a 3/12.5 schedule (see above) and others being regularly assigned a 4/10 schedule (see Section 28.01, above). The determination of what days of the week will be assigned either the 3/12.5 or the 4/10 shall be made by mutual agreement of the parties. Trial Period - The alternate schedule implemented coincident with the January 2012 bid shall be in effect for eighteen (18) months during which the parties will assess it. Periodically the police chief and the association will meet to discuss the effectiveness of the alternate schedule and to resolve issues that might arise. Either the police chief or the association may terminate the alternate schedule by providing the other party with written notification during the period that is at least 15 days, and not more than 30 days, prior to the expiration of the 18 month trial period. If the alternate schedule is terminated, patrol personnel shall revert to the 4/10 schedule coincident with the July 2013 bid. If not terminated during the appropriate period, the alternate schedule then in effect shall become the regular patrol schedule, unless and except modified at subsequent negotiations. Signed by the City: �:�.,,V. 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