2009 APR 07 - CC PACKET REVREVISED AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
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meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, APRIL 7, 2009 - 7:00 P.M.
ITEMS 11 AND 12 ADDED UNDER CONSENT AGENDA
Next Resolution # 4595
Next Ordinance # 1429
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Bishop Craig Layne, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE — Council Member Carl Jacobson
2
9. Consideration and possible action regarding awarding a contract to G &G
Specialty Contractors, Inc. for construction related to Group 32 (24 homes)
and Group 33 (28 homes) of the City's Residential Sound Insulation
Program (Project Nos. RSI 09 -04 and RSI 09 -05). (Estimated construction
costs and retention: $948,172 and $661,072)
Recommendation — (1) Determine that the bid from California Averland
Construction, Inc. is non - responsive; (2) Award contracts to G &G Specialty
Contractors, Inc. for Groups 32 and 33; (3) Authorize the City Manager to
execute contracts in a form approved by the City Attorney; (4) Alternatively
discuss and take other action related to this item.
10. Consideration and possible action regarding the execution of an agreement
with the State of California Franchise Tax Board for the sharing of business
tax information. (Fiscal Impact: $0.00)
Recommendation — (1) Authorize the City Manager to execute and approve the
State of California agreement C08700215; (2) Alternatively discuss and take
other action related to this item.
11. Consideration and possible action regarding approval of a Comprehensive
three -year Memorandum of Understanding (Labor Agreement) between the
City of El Segundo and the El Segundo Firefighters' Association. (Fiscal
Impact: $563,392)
Recommendation — (1) Approve the Comprehensive Memorandum of
Understanding; (2) Authorize the Mayor to execute the Memorandum of
Understanding in a form approved by the City Attorney; (3) Alternatively discuss
and take other action related to this item.
12. Consideration and possible action regarding approval of a Comprehensive
three -year Memorandum of Understanding (Labor Agreement) between the
City of El Segundo and the El Segundo Police Officers' Association.
(Fiscal Impact: $808,997)
Recommendation — (1) Approve the Comprehensive Memorandum of
Understanding; (2) Authorize the Mayor to execute the Memorandum of
Understanding in a form approved by the City Attorney; (3) Alternatively discuss
and take other action related to this item.
CALL ITEMS FROM CONSENT AGENDA
2
F. NEW BUSINESS
G. REPORTS - CITY MANAGER
H. REPORTS - CITY ATTORNEY
I. REPORTS - CITY CLERK
J. REPORTS - CITY TREASURER
K. REPORTS - CITY COUNCIL MEMBERS
Council Member Brann -
Council Member Fisher -
Council Member Jacobson -
Mayor Pro Tern Busch -
Mayor McDowell -
PUBLIC COMMUNICATIONS - (Related to City Business Only - 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
7
EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Comprehensive three -year Memorandum
of Understanding (Labor Agreement) between the City of El Segundo and the El Segundo
Firefighters' Association. (Fiscal Impact: $563,392)
RECOMMENDED COUNCIL ACTION:
1. Approve the Comprehensive Memorandum of Understanding.
2. Authorize the Mayor to execute the Memorandum of Understanding in a form approved by the
City Attorney.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Comprehensive Memorandum of Understanding
FISCAL IMPACT: ($563,392)
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Bob Hyland, Director of Human Resources
REVIEWED BY: Bill Crowe, Assistant City Manager
APPROVED BY: Jack Wayt, City Manag
BACKGROUND AND DISCUSSION:
In July 2008, the City's Chief Negotiator, staff and representatives of the El Segundo Firefighters'
Association began meeting and conferring, pursuant to Sections 3500 et. seq. of the California
Government Code, for the purposes of obtaining a labor agreement. Agreement was reached during
the second week of December, 2008. On December 16, 2008, Council approved an Agreement
between the City and the Association and adopted a Resolution approving the Memorandum of
Understanding.
Council's action approved the changes in the terms and conditions of employment detailed in the
Agreement, with the understanding that those changes shall then be incorporated into a
Comprehensive Memorandum of Understanding which in itself would then be presented to the
Council for approval.
The Agreement contains the following major provisions:
1. Three -year term, commencing on July 1, 2008, and ending on September 30, 2011.
2. A 3.75% salary increase for Firefighters, Fire Engineers and Fire Captains, effective October 14,
2008.
3. A 3.75% salary increase for Firefighters, Fire Engineers and Fire Captains, effective July 1, 2009.
4. A 3.75% salary increase for Firefighters, Fire Engineers and Fire Captains, effective July 1, 2010.
5. Conversion of Special Compensation Incentives from percentage amounts to flat dollar amounts.
6. Provision that the maximum future City contribution for medical insurance, for both active
employees and retirees, shall be $1,800 per month.
7. Amendment to the City's contract with PERS to provide Section 21548, "Pre- Retirement Option
2W Death Benefit."
-2-
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
AND
EL SEGUNDO FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL 3682
JULY 19 2008 THROUGH SEPTEMBER 309 2011
ARTICLE 1
GENERAL PROVISIONS
Section
1.01
Preamble
Page
1
Section
1.02
Recognition
Page
1
Section
1.03
Management Rights
Page
1
Section
1.04
Savings Clause
Page
2
Section
1.05
No Strike Clause
Page
2
Section
1.06
Maintenance of Existing Benefits
Page
2
Section
1.07
Non- Discrimination Clause
Page
3
Section
1.08
Notice to Meet and Confer
Page
3
ARTICLE 2
SALARIES
Section
2.01
Salaries
Page
3
Section
2.02
Schedule of Classes by Series
Page
4
Section
2.03
Salary Schedule Calculation Methodology
Page
4
Section
2.04
Regular Rate of Pay
Page
4
Section
2.05
Base Salary Schedule - Step Advancement
Page
5
Section
2.06
Firefighter Compensation /Probationary
Period
Page
5
Section
2.07
Change in Anniversary Date & Range Number
Page
5
Section
2.08
Salary Placement on Promotion
Page
5
Section
2.09
Garnishments
Page
6
Section
2.10
Flexible Spending Account
Page
6
ARTICLE 3
Incentive Compensation
Section
3.01
Paramedic Special Assignment Pay
Page
6
Section
3.02
Paramedic License Incentive
Page
7
Section
3.03
Fire Staff Premium Pay
Page
8
Section
3.04
Hazardous Material Incentive Pay
Page
8
Section
3.05
Light -Duty Pay
Page
8
Section
3.06
Fire Investigator Premium Pay
Page
8
Section
3.07
Tiller Premium Pay
Page
8
Section
3.08
Class "A" CDL Premium Pay
Page
8
Section
3.09
Requesting Incentive Compensation
Page
9
ARTICLE 4
EDUCATIONAL PROGRAM
Section
4.01
Incentive Pay
Page
10
Section
4.02
Eligibility
Page
10
Section
4.03
Continuous Training
Page
11
V
i
i
ARTICLE
5
LONGEVITY ACHIEVEMENT PAY
Section
5.01
Tenure and Compensation Schedule
Page
11
Section
5.02
Eligibility
Page
11
ARTICLE
6
INSURANCE ACTIVE EMPLOYEES
Section
6.01
Basic Health and Medical Insurance
Page
11
Section
6.02
Optical Insurance Provider
Page
12
Section
6.03
Health Insurance Formula
Page
12
Section
6.04
Dental, Optical and Life Insurance
Page
12
Section
6.05
Long -Term Disability Insurance
Page
12
Section
6.06
Catrastrophic Leave Program
Page
13
Section
6.07
Long -Term Care Group Insurance
Page
13
Section
6.08
Medical Insurance Continuation
Page
14
Section
6.09
Maximum City Funding
Page
14
Section
6.10
Reopen on Health Care Provider
Page
14
ARTICLE
7
INSURANCE RETIRED EMPLOYEES
Section
7.01
City Sponsored Medical Insurance Plans
Page
14
Section
7.02
Other Medical Insurance Plans
Page
14
Section
7.03
Eligibility Retiree Medical Insurance
Page
15
ARTICLE
8
SICK LEAVE
Section
8.01
Sick Leave Accrual
Page
15
Section
8.02
Sick Leave Usage for Family Care
Page
15
Section
8.03
Sick Leave Payment upon Separation
Page
15
Section
8.04
Sick Leave Pay upon Disability Retirement
Page
16
Section
8.05
Sick Leave Pay upon Death
Page
16
Section
8.06
Annual Payment for Hours Over Maximum
Page
16
ARTICLE
9
VACATION
Section
9.01
Accrual - 40 -Hour Work Week
Page
16
Section
9.02
Accrual - 24 -Hour Shift
Page
17
Section
9.03
Vacation Eligibility
Page
17
Section
9.04
Vacation Buy Back
Page
17
Section
9.05
Vacation Accrual on IOD
Page
17
Section
9.06
Promotion and Transfer Eligibility
Page
17
Section
9.07
Payout on Termination
Page
18
Section
9.08
Emergency Use
Page
18
ARTICLE
10
OVERTIME
Section
10.01
General
Page
18
ii
ii
Section
10.02
Overtime under FLSA
Page
18
Section
10.03
Recall /Forced Hire Compensation
Page
19
ARTICLE
11
DEFERRED COMPENSATION PROGRAM
Section
11.01
Eligibility / Program Administrator
Page
19
Section
11.02
Deferred Compensation Matching Funds
Page
19
ARTICLE
12
RETIREMENT - PERS
Section
12.01
Three Percent at Fifty -Five
Page
19
Section
12.02
Survivors Benefit
Page
19
Section
12.03
Retirement Formula
Page
20
Section
12.04
PERS Payment Pick -Up
Page
20
ARTICLE
13
UNIFORM AND SAFETY EQUIPMENT
Section
13.01
Uniform Maintenance Program
Page
20
Section
13.02
Cal OSHA/ Fed OSHA Uniform Requirements
Page
20
Section
13.03
Department Uniform Officer
Page
20
ARTICLE
14
BEREAVMENT LEAVE
Section
14.01
General
Page
21
Section
14.02
Use of Other Leaves
Page
21
Section
14.03
Documentation
Page
21
ARTICLE
15
COMPUTER LOAN PROGRAM
Section
15.01
General
Page
21
Section
15.02
Initial Loan
Page
21
Section
15.03
Eligible Purchases
Page
22
ARTICLE
16
SAFETY COMMITTEE
Section
16.01
Selecting Members
Page
22
Section
16.02
Purpose
Page
22
Section
16.03
Meetings
Page
22
ARTICLE
17
TRAINING REIMBURSEMENTS
Section
17.01
Paramedic Training Reimbursement
Page
23
Section
17.02
Department Instructor Training
Page
23
ARTICLE
18
EDUCATIONAL REIMBURSEMENTS
Section
18.01
Reimbursement for Courses
Page
24
Section
18.02
Reimbursement for Tuition and Books
Page
24
Section
18.03
City Reimbursement Agreement
Page
25
Section
18.04
City Reimbursement Schedule
Page
25
l J'
iii
ARTICLE
19
TEMPORARY APPOINTMENTS
Section
19.01
General
Page
25
Section
19.02
Method for Filling Vacancies
Page
26
Section
19.03
Guidelines
Page
26
Section
19.04
Parameters for Conferring
Page
26
Section
19.05
Determination of Appointment
Page
26
Section
19.06
Intent of Policy
Page
27
ARTICLE
20
MAINTENANCE AND REPAIRS
Section
20.01
Limited Maintenance and Repair
Page
27
Section
20.02
Administrative Offices (Fire Station #1)
Page
27
ARTICLE 21
MATERNITY LEAVE
Section
21.01
Equal Benefits
Page
27
Section
21.02
Working and Reporting
Page
28
Section
21.03
Light Duty
Page
28
Section
21.04
Leave
Page
28
Section
21.05
Notice of Leave
Page
28
Section
21.06
Returning to Work
Page
29
Section
21.07
Comparable Position
Page
29
Section
21.08
Rights
Page
29
ARTICLE 22
POLICY AND PROCEDURE AGREEMENTS
Section
22.01
Disability Retirement Appeal Procedures
Page
30
Section
22.02
Annual Fitness for Duty Procedures
Page
30
Section
22.03
Injury on Duty Procedures
Page
30
Section
22.04
Modified Duty Procedures
Page
30
Section
22.05
Rehire Policies
Page
30
Section
22.06
Rank for Rank Policy
Page
31
Section
22.07
Drug -Free Workplace Policy
Page
31
Section
22.08
Layoff and Recall Policy
Page
31
Section
22.09
Grievance Procedure
Page
34
Section
22.10
Shift Trade Policy
Page
37
Section
22.11
No Smoking Policy
Page
37
Section
22.12
Medical Examination Policy
Page
37
Section
22.13
Military Leave Policy
Page
37
Section
22.14
Election Day Voting Policy
Page
37
Section
22.15
Jury Duty
Page
38
iv
iv
ARTICLE 23
UNION BUSINESS
Section 23.01
Bulletin Boards
Page
38
Section 23.02
Union Meetings
Page
39
Section 23.03
Conduct of Union /Association Business
Page
39
ARTICLE 24
HOLIDAYS
Section 24.01
Accumulation
Page
39
Section 24.02
Annual Payment
Page
39
Section 24.03
PERS Pick -Up
Page
39
ARTICLE 25
MISCELLANEOUS
Section 25.01
Promotional Examination Requirements
Page
40
Section 25.02
Opportunity to Review Materials
Page
40
Section 25.03
Training Public and Employees
Page
40
ARTICLE 26
SCHEDULE
Section 26.01
Schedule - Suppression Employees
Page
41
ARTICLE 27
TERM
Section 27.01
Term
Page
41
ARTICLE 28
RETROACTIVITY
Section 28.01
Retroactivity
Page
41
ARTICLE 29
SIGNATURES
Section 29.01
Signatures
Page
41
a. v
v
ARTICLE 1 - GENERAL PROVISIONS
Section 1.01 PREAMBLE
This Memorandum of Understanding is made and entered into between
the El Segundo Firefighters' Association, affiliated with the
International Association of Firefighters, hereinafter, referred
to as "Union ", and the management representatives of the City of
E1 Segundo, hereinafter referred to as the "City ", pursuant to
the California Government Code Section 3500 et seq.
2. The parties have met and conferred in good faith regarding
employment conditions and it is mutually agreed that this
Memorandum of Understanding shall be effective as described in
Section 1.08, below. It is further agreed that except as
provided herein, there will be no other negotiations for
salaries, benefits, and working conditions for the term covered
by this Memorandum unless both parties agree otherwise; and the
parties shall submit this Memorandum to the City Council with a
joint recommendation that the body resolves to adopt appropriate
motions and resolutions to implement the provisions of this
Memorandum. Nothing herein prevents the City from meeting and
conferring with the Union on proposed changes to the City's
Personnel Rules and Regulations, which are within the scope of
representation.
3. Any and all prior or existing Memoranda of Understanding, Letters
of Agreement, Addendums, Side Letters, and other such documents
between the parties are hereby superseded and terminated in their
entirety, whether or not the specific subject matter of any such
document is addressed herein.
Section 1.02 RECOGNITION
1. The City hereby confirms its recognition of the Union as
representative of the employees in the representation unit
containing positions specifically set forth below, and has agreed
to meet and confer with the Union on all matters relating to the
scope of representation pertaining to the said employees as
authorized by law. For representation purpose, the unit shall
consist of the following positions: Firefighter, Firefighter
Special Assignment Paramedic, Fire Engineer, and Fire Captain.
Section 1.03 MANAGEMENT RIGHTS
Except as limited by specific and express terms of this
agreement, the City hereby retains and reserves unto itself all
rights, powers, authority, duty and responsibilities conferred on
and vested in it by the laws and the Constitution of the State of
California and /or the United States of America.
The management and the direction of the work force of the City is
vested exclusively in the City, and nothing in the agreement is
intended to circumscribe or modify the existing rights 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 for 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
within the scope of representation.
Section 1.04 SAVINGS CLAUSE
1. If any provision or the application of any provision of this
Memorandum as implemented should 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 force and effect for the duration of said
Memorandum.
Section 1.05 NO STRIKE CLAUSE
1. California Labor Code Section 1962 provides that firefighters
shall not have the right to strike, or to recognize a picket line
of a labor organization while in the course of the performance of
their official duties. Therefore, and irrespective of the term
or existence of any Memorandum of Understanding or other rule or
regulations, the parties acknowledge that such activity is
unlawful.
2. Additionally, any other job action, including but not limited to
slow downs, speed ups, "sick outs" and other activity actually or
potentially having a negative impact upon the public health and
welfare, is deemed illegal and is prohibited, irrespective of the
term or existence of any Memorandum of Understanding e.g. see
City of Santa Ana v. Santa Ana Police Benevolent Association
(1989) 207 Cal.App. 3rd 1568, 255 Cal.Rptr. 688 regarding public
safety organization "sick outs ").
Section 1.06 MAINTENANCE OF EXISTING BENEFITS
1. The 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.
2. Nothing herein prevents the City and Union 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 Union are required to effect any
change.
2
G
Section 1.07 NON - DISCRIMINATION CLAUSE
1. The Union and the City recognize and agree to protect the rights
of all employees to join and /or participate in the protected
Union activities or to refrain from joining or participating in
protected activities in accordance with Government Code Sections
3500 through 3510.
2. The City and the Union 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
employee opportunities for all employees. The City and the Union
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 dealing
with State or Federal anti - discrimination laws.
Section 1.08 NOTICE TO MEET AND CONFER
1. Except in cases of emergency as provided in Government Code
Section 3504.5, the governing body of a public agency, and
boards and commissions designated by law or by such governing
body, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule,
resolution, or regulation directly relating to matters within
the scope of representation proposed to be adopted by the
governing body or such boards and commissions and shall give
such recognized employee organization the opportunity to meet
with the governing body or such boards and commissions.
2. In cases of emergency when the governing body or such boards or
commissions determine that an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice or
meeting with a recognized employee organization, the governing
body or such boards, and commissions shall provide such notice
and opportunity to meet at the earliest practicable time
following the adoption of such ordinance, rule, resolution, or
regulation.
ARTICLE 2 - SALARIES
Section 2.01 SALARIES
1. Effective October 14, 2008, the past practice of "compounding" base
salaries shall terminate, whereby base salaries were previously
supplemented and increased in amounts determined by the percent of
incentives /special compensation pay.
2. Effective October 14, 2008, the base salary of each affected employee
shall be increased by 3.75W.
3. Effective the first payroll period commencing on or after July 1, 2009,
the base salary of each affected employee shall be increased by 3.75%.
4. Effective the first payroll period commencing on or after July 1, 2010,
the base salary of each affected employee shall be increased by 3.75 %.
5. Attached to this Memorandum of Understanding as Exhibit 1, and
incorporated herein by reference as though set forth in full, is the
actual computation of base salaries as reflected by the above provisions
of this Section 2.01. Exhibit 1 consists of a document entitled
"Schedule 1."
3
Section 2.02 SCHEDULE OF CLASSES BY SERIES
1. The following respective range numbers are hereby allocated and
assigned to the following respective positions in the service of
the City, hereinafter set forth:
Firefighter 483 Steps A - F
Engineer 497 Steps A - E
Captain 510 Steps A - E
Section 2.03 SALARY SCHEDULE CALCULATION METHODOLOGY
1. The methodology used in computing adjustments in monthly salary
shall be as follows:
Adjustments are to be computed from the amount shown in the base
salary columns, step A through F of Range 483, and step A through
E of Ranges 497 and 510 of the Base Salary Schedule. First
subtract from each step the flat dollar base enhancements
incorporated in accordance with sections 6.04 and 6.05, and then
multiply each step by the percent of the new salary adjustment.
Once all of the salary steps have been computed, each salary
figure shall be rounded off to two (2) decimal places, then the
flat dollar enhancement in sections 6.04 and 6.05 (removed above)
will be added to each step and this amount will comprise the new
base salary schedule. Taxable pay will be calculated by
subtracting the Public Employee Retirement System (PERS) employer
paid member contribution picked up by the employer in accordance
with Internal Revenue Code Section 414(h)(2), (which is calculated
at 9% of the resulting regular rate of pay). Hourly rates for each
step are calculated by multiplying the respective unrounded salary
step plus applicable incentives (regular rate of pay) by twelve
(12) and then dividing by two thousand nine hundred twelve (2,912)
and rounding off the result to the nearest two (2) decimal places.
Section 2.04 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.
Section 2.05 BASE SALARY SCHEDULE -STEP ADVANCEMENT
1. The advancement of a new employee from Step A shall be on the new
employee's anniversary date which is established as the day
immediately following satisfactory completion of his /her first
six months service; Steps B, C, D and E (F for Firefighters only)
contemplate one year's service in each of such classification
subject to the limitations of the paragraph below and the
advancements there from shall be on the anniversary date of the
employee; Step E (F for Firefighters only) contemplates continued
service in such step until further advancement is indicated by
reason of longevity.
If the employee's anniversary date falls in the first week of the
pay period, the effective date of the increase will be the first
day of that pay period; if the anniversary date falls in the
second week of the pay period, the effective date of the increase
will be the first day of the following pay period. An employee
in the fire service shall be presumed to merit an increase in pay
unless his or her current performance evaluation on file rates
him or her below standard or unsatisfactory and the Fire Chief
notifies the Personnel Officer and employee in writing at least
ten days in advance of the scheduled increase that the increase
in pay should be withheld, stating reasons. If employee's
performance subsequently improves to a satisfactory level, the
pay will be granted upon the issuance of a satisfactory
performance report.
Section 2.06 FIREFIGHTER COMPENSATION /PROBATIONARY PERIOD
1. Fire service employees shall be appointed to the position of
Firefighter and compensated at Step A of the range assigned to
Firefighter (483) for the first six (6) months from their date
of hire. They shall be on probation during the first twelve (12)
months from their date of hire.
Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER
1. An employee advanced from one range to another, shall receive a
new anniversary date, which is the date of the change. Other
changes in salary, unless specifically directed by the Council
or as provided in the second paragraph of the Section herein
entitled "Base Schedule -Step Advancement" herein shall not
change the anniversary date, except for promotions made in
accordance with the Personnel Merit System ordinance and the
Personnel Rules and Regulations. The City Council reserves the
right at any time, and in its sole discretion, to change the
range number assigned to any officer or employee and to
determine the particular step in any range number which is to be
thereafter assigned to any such officer or employee.
Section 2.08 SALARY PLACEMENT ON PROMOTION
In all cases where an employee is promoted to a classification
for which a higher rate of compensation is provided, then such
employee so promoted shall enter into such higher classification
at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent of
the base rate of the affected employee.
2. All supervisors shall be paid a base rate not less than the next
higher base rate than any of their subordinates. In the event
that a supervisor is paid a base rate of pay equal to or lower
than one of his /her subordinate's base rate, the supervisor's
base rate shall be advanced to a step in his /her salary range
which is next higher than any subordinate's base pay exclusive
of longevity pay, educational incentive pay, and special
assignment pay.
3. Any affected employee assigned to and performing the duties of a
paramedic and who is promoted, shall suffer no decrease in base
salary (pre - promotion base salary being measured by base salary
plus any paramedic bonus) . This Section shall not apply to
paramedics who suffer a salary decrease because of a
reassignment out of the paramedic program (as opposed to a
promotion).
Section 2.09 GARNISHMENTS
1. Effective July 1, 1989, employees whose City paychecks are
garnished shall have caused to be deducted from their paycheck a
one time per occurrence set -up fee of $35 and $10 for every
paycheck in which their wages are garnished.
Section 2.10 FLEXIBLE SPENDING ACCOUNT
1. The City shall allow employees to participate in the Flexible
Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
ARTICLE 3 - INCENTIVE COMPENSATION
Section 3.01 PARAMEDIC SPECIAL ASSIGNMENT PAY
1. Effective October 14, 2008, Paramedics shall be entitled to
receive special assignment pay as follows:
a. While assigned to the trainee level, no paramedic special
assignment pay shall be provided;
b. During the first year of paramedic service after
accreditation, special assignment pay equal to fifteen
percent (15 %) above base salary pursuant to Schedule 1, PM
level 2.
c. During the second year and following years of paramedic
service, paramedic special assignment pay equal to twenty
percent (20 %) above base salary pursuant to Schedule 1, PM
level 3.
d. Paramedics working under any of the staffing policies to
replace a firefighter position shall be compensated at pay
equal to PM level 1 pursuant to Schedule 1.
*Trainee level is completed upon accreditation as a paramedic by the
County of Los Angeles.
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Section 3.02 PARAMEDIC LICENSE INCENTIVE
1. Effective October 14, 2008, permanent sworn employees with a
minimum of two years with the E1 Segundo Fire Department not
assigned to special assignment paramedic duties that possess a
California Paramedic License and have Accreditation by the County
of Los Angeles will be compensated at the monthly amount set
forth in Schedule 1 PM Level 1.
2. The members qualifying for this incentive may be utilized on
paramedic assessment apparatus. These employees will be used on
rescue ambulances to cover for members in the special assignment
paramedic status when no special assignment paramedic can be
reasonably called in from off duty.
When no special assignment paramedic can be reasonably called in
from off duty, then the following procedure will be used.
a. If the opening occurs on a rescue ambulance, move the
special assignment paramedic from the assessment apparatus
to the rescue ambulance.
b. Move an on -duty qualified paramedic Engineer or Captain to
the assessment apparatus and hire back a Firefighter (the
on -duty Battalion Chief will decide based on operational
need as to which on -duty member would best be moved.)
c. If there is no on -duty qualified paramedic Engineer or
Captain, check availability for an off -duty qualified
paramedic Engineer or Captain who has signed up and attempt
to rehire (Engineers will be considered first then
Captains.)
d. If there are none on the availability rehire list, then
attempt to force hire an off -duty qualified paramedic
Engineer or Captain (Engineers will be force hired first
before Captains.)
e. If no off -duty qualified paramedic Engineers or Captains can
reasonably be called in from off -duty, then a firefighter
will be force hired to fill the vacancy.
3. Members who have never been certified /licensed or who have
decertified (no longer licensed) and seek certification or
recertification (licensure) will be sponsored by the City at the
member's request. Certification, recertification or licensure
shall be at the member's own time and expense including all fees
for testing, licensure and any other associated costs with the
exception of continuing education currently provided by the
City's EMS Educator. Educational reimbursement will not be
provided for outside training required for the initial
recertification /licensure, or in situations where the employee
did not attend classes provided in -house by the City's Nurse
Educator or other City provided resource. Once a member has in
his /her possession a California Paramedic License and
Accreditation from Los Angeles County and makes those documents
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available for inspection by the City, they shall be compensated
as per the provisions in this MOU.
4. The City shall continue to provide an EMS Educator.
Section 3.03 FIRE STAFF PREMIUM PAY
1. Effective October 14, 2008, uniformed personnel who are
assigned Fire Department work outside of the Suppression
Division shall receive fire staff premium pay equal to Fifteen
percent (15 %) above the employee's regular rate of pay to
which they are entitled.
Section 3.04 HAZARDOUS MATERIALS FIRST RESPONDER OPERATIONAL
INCENTIVE PAY
1. Unit members will receive incentive pay for possession of
hazardous materials certification (operational level - first
responder).
2. Effective October 14, 2008, pay for operational level of
hazardous material certification (FRO) shall be at the
monthly amount set forth in Schedule 1, HAZ MAT.
Section 3.05 LIGHT -DUTY PAY
1. When an employee is assigned to light duty because of a
temporary physical disability or condition, she /he shall be paid
at the rate of her /his normal duty assignment without regard to
the temporary duty schedule.
Section 3.06 FIRE INVESTIGATOR PREMIUM PAY
1. The assignment of cause and origin /arson investigators (also
described as "fire investigators ") shall be created with the
assignment requirements being designated by the Fire Chief.
Employees selected to serve in this assignment shall receive a
$50.00 per month stipend. The stipend shall commence with the
employee providing evidence of having successfully completed
mandated training and qualification to be certified to perform
the duties of the assignment.
Section 3.07 TILLER PREMIUM PAY
1. If the City makes operational
Personnel agree to participate
said equipment. This training
during their regular duty shi
City to operate said equipment
of $50.00.
a TRACTOR /TRAILER TILLER TRUCK,
in special training to operate
will be provided by the City
Ets. Personnel certified by the
shall receive a monthly stipend
Section 3.08 CLASS "A" DRIVER'S LICENSE PREMIUM PAY
1. All employees, whether in the rank of Engineer or not, who
possess a Class "A" Driver's License will be paid a $50 /month
stipend in addition to the stipend for EMT /Class "B" (inclusive
8
of PERS retirement). This stipend will commence with the
purchase of the equipment and submission by the employee of
proof of the license.
2. The City will provide the training and the means (i.e.,
equipment) to obtain the Class "A" Driver's License. In the
event the City elects not to provide the training or means to
obtain the required license, the requirement for the respective
license shall be dropped and otherwise qualified employees shall
remain eligible for the stipend until such time as the City again
provides the said training and means.
Section 3.09 REQUESTING INCENTIVE COMPENSATION
1. Members eligible to receive incentive compensation shall make a
request in writing in order to receive such compensation (NOTE:
through an approved form through channels to the Fire Department
Personnel Officer. They shall also provide copies of the
necessary proof of their eligibility to receive the incentive as
outlined below:
Incentive Compensation
Paramedic special assignment pay:
Paramedic license incentive:
Hazardous Materials FRO
incentive:
Educational Programs -Class A & B
CDL:
Educational Program - EMT -D:
Educational Program - Units:
Educational Program -
Certificate:
Educational Program - Degrees
Required Proof
Accreditation, license and
certification by County of Los
Angeles and State of California
as a Paramedic.
Accreditation, license and
certification by County of Los
Angeles and State of California
as a Paramedic.
California State certification as
a Hazardous Materials First
Responder Operational Level -
with Weapons of Mass Destruction
component.
Valid and current California
Class B license and medical
certification.
A current EMT -D certification
Official or unofficial transcript
listing required units.
Certificate, or official or
unofficial transcript listing
certificate earned.
Diploma, or official or
unofficial transcript listing
degree earned.
In addition, for incentive items that are renewed (Paramedic, HM -FRO,
Class A & B CDL, and EMT -D,) members must provide proof of renewal
prior to the date of expiration of the last provided proof of
eligibility. Failure to provide proof prior to the expiration will
result in the loss of the effected incentive compensation, retroactive
back to the date of expiration. The employee can have the incentive
pay reinstated in the first payroll period following provision of
proof of eligibility. The reinstatement shall be retroactive to the
date the member met the qualifications for an incentive item as
indicated in the proof of eligibility.
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ARTICLE 4 - EDUCATIONAL PROGRAMS
Section 4.01 INCENTIVE PAY
EFFECTIVE October 14, 2008
1. Effective October 14, 2008, employees with two or more years of
service with the E1 Segundo Fire Department and possessing a
valid Commercial Class "B" Restricted Driver's License,
firefighters restricted noncommercial Class "B" Driver's
License, or equivalent, possessing a valid EMT -D certification
or Los Angeles County Paramedic Accreditation shall be
compensated in the monthly amount of $50.00.
2. Effective October 14, 2008, additional educational incentive
compensation shall be as follows and as set forth in the
applicable range in Schedule 1, attached and incorporated into
this MOU as Exhibit 1.
a. Fire Science Certificate or successful completion of twenty
units of college level courses in Fire Science and two
years of service with the E1 Segundo Fire Department -
pursuant to Schedule 1, Fire Units;
b. Associate of Arts Degree with at least twenty units in Fire
Science and 7.5 years of service with the El Segundo Fire
Department - pursuant to Schedule 1, AA Degree;
C. Bachelor's Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fire Chief and 10 years of service with the E1
Segundo Fire Department - pursuant to Schedule 1, BA
Degree;
d. Master's Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fire Chief and 15 years of services with the El
Segundo Fire Department - pursuant to Schedule 1, MA
Degree.
e. The above amounts shall not be cumulative.
Section 4.02 ELIGIBILITY
1. Prior to an employee engaging in a major course of study, he /she
must receive written approval from the Fire Chief for the
eligibility of the specific type of College Degree to guarantee
his /her eligibility for incentive pay as provided herein. Each
employee who qualifies for educational incentive pay shall
remain eligible during the course of his /her employment with the
City, with the following exceptions: After qualifying for
educational incentive pay, an employee shall cease to receive
such pay during any time period that: the employee does not meet
the requirements for educational incentive pay; the employee is
suspended without pay; or the employee's most recent performance
evaluation is rated below standard or unsatisfactory. An
employee who has lost his /her eligibility to receive this
incentive under the terms stated above shall have their
incentive pay reinstated the first payroll period following
his /her re- qualification.
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Section 4.03 CONTINUOUS TRAINING
1. The City currently provides the training and the means to
obtain the EMT -D certification and the Class "B" Restricted
Driver's License. In the event the City elects not to provide
the training or means to obtain the required certification or
license, the requirement for the respective certification or
license shall be dropped and otherwise qualified employees shall
remain eligible for educational incentive pay until such time as
the City again provides the said training and means.
ARTICLE 5 - LONGEVITY ACHIEVEMENT PAY
Section 5.01 TENURE AND COMPENSATION SCHEDULE
1. Effective October 14 2008, employees shall be compensated for
continuous City fire service longevity requirements as follows:
a. Upon completion
of six and
one -half
years of service,
monthly payments
pursuant to
Schedule
1, "Long 6.5 Level
1"
b. Upon completion
of thirteen
years of service, monthly
payments pursuant
to Schedule
1 "Long 13
Level 2 ";
C. Upon completion of
nineteen and one -half
years of service,
monthly payments
pursuant to
Schedule
1 "Long 19.5 Level
3"
d. Upon completion of twenty -six years of service, monthly
payments pursuant to Schedule 1 "Long 26 Level 4 ".
Section 5.02 ELIGIBILITY
1. 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 pay; the employee is
suspended without pay; or the employee's most recent performance
evaluation is rated below standard or unsatisfactory. An
employee who has lost his /her eligibility to receive this
incentive under the terms stated above shall have their
incentive pay reinstated the first payroll period following
his /her re- qualification.
ARTICLE 6 - INSURANCE ACTIVE EMPLOYEES
Section 6.01 BASIC HEALTH AND MEDICAL INSURANCE
1. The City will consult with employees through the insurance
committee and consider all suggestions and presentations on the
types of insurance plan or plans to be purchased. The City
reserves the right to determine the insurance carrier with whom
the City will contract for coverage.
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Section 6.02 OPTICAL INSURANCE PROVIDER
1. The optical insurance plan to be selected by the City will be
the Teamsters' proposed vision plan provided through Vision Care
Plan or a plan with similar benefits.
Section 6.03 HEALTH INSURANCE FORMULA
1. The monthly City -paid health insurance premium contributions 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 under the HMOs available to the employees under the
Public Employees' Medical and Hospital Care Program in the "Los
Angeles Area ", as that term is defined by CalPERS.
2. The Firefighters' Association has filed a January 2, 2009
grievance regarding the manner in which the City has implemented
Section 6.03 during the prior 2003 -08 MOU. Adoption of this
2008 -11 MOU shall not constitute a waiver by any party of any
position /defenses it may elect to assert in the pending
grievance /related litigation, nor is adoption of this MOU
evidence of support for the position that may be asserted by any
party to the grievance /related litigation.
Section 6.04 DENTAL, OPTICAL AND LIFE INSURANCE
1. Effective July 1, 2008 the City will add to each step of the
employee's base salary a flat dollar amount equal to 100% of the
premiums for the agreed upon dental, optical and life insurance
for employees and eligible dependents. This flat dollar amount
shall be adjusted yearly equal to 100% of the new premiums and
added to base salaries prior to the first payroll period in
December. Any insurance premiums the employee becomes obligated
to pay will be deducted from the employee's paycheck and if
eligible through the City's established flex plan under section
125 of the Internal Revenue Code.
Section 6.05 LONG -TERM DISABILITY INSURANCE
1. The City will pay on behalf of each qualifying employee 100% of
premiums for California Association of Professional Firefighters
group Long -Term Disability Insurance. These payments shall be
reported to the taxing authorities as ordinary income of the
employees.
2. An employee who has qualified for Long -Term Disability as a
result of an injury or illness shall be required to implement a
50/50 integration benefit (50% of the available LTD benefit
being funded by any and all accrued leaves) under the LTD Plan
after their FMLA time expires. This 50/50 option will continue
until the employee returns to duty, terminates employment, or
exhausts all accrued Leaves. During use of the integration
benefit process, the City will continue the employee's medical
insurance and retirement payments as if the employee were not on
Leave.
12
3. Employees of the Firefighters Bargaining Unit may participate in
the City's Catastrophic Leave Program. Members on Long -Term
Disability Leave, upon exhausting all accrued leaves, will be
considered for the use of the City's Catastrophic Leave Program.
Section 6.06 CATASTROPHIC LEAVE PROGRAM
The Catastrophic Leave Program is as follows:
a. Purpose
To establish a program whereby City employees may donate
accumulated time to a catastrophic sick leave bank to be used by
permanent part -time and full -time employees who are
incapacitated due to a catastrophic illness or injury.
b. Definition
A catastrophic illness or injury is a chronic or long term
health condition that is incurable or so serious that, if not
treated, it would likely result in a long period of incapacity.
c. Procedures
There is established a joint - employer /employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
Employees may transfer sick leave, vacation or compensatory
leave to the Catastrophic Leave Bank to be donated to an
employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made
on July 1 of each year on forms provided by the City of El
Segundo. The employee to receive the donation will sign the
"Request to Receive Donation" form allowing publication and
distribution of information regarding his /her situation.
Sick Leave, vacation and compensatory time leave donations will
be made in increments of no less than one day. These will be
hour for hour donations.
Employees must, at the time of donation, have a minimum of one
hundred and twenty (120) hours of accumulated illness /injury
leave remaining after a donation has been made.
5. The donation of time is irrevocable. Should the recipient
employee not use all of the donated time for the catastrophic
illness or injury, any balance will remain in the Catastrophic
Leave Bank to be administered by the committee and utilized for
the next catastrophic leave situation.
Section 6.07 LONG TERM CARE GROUP INSURANCE
1. Effective July 1, 2003 the City will pay on behalf of each
qualifying employee 100% of premiums for California Association
of Professional Firefighters Supplemental Long Term Care Rider
Composite Plan.
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Section 6.08 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH
1. 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 member until age 18. Said medical
premium payments on behalf of the children of a deceased member
shall continue if at age 18, the child commences uninterrupted
college enrollment, but not to exceed the age of 23.
2. 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 member was receiving at the time of
his /her death. For example, if at the time of death, the member
was enrolled in a specific HMO Plan, then future premium payments
made pursuant to this Section shall be in an amount required to
maintain comparable plan benefits.
Section 6.09 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.
Section 6.10 REOPEN ON HEALTH CARE PROVIDER
1. 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 (i.e., provides comparable benefits
to current plan including portability). There will be no change
in insurance plans prior to the January 2010 plan year without
agreement of the parties.
ARTICLE 7 - INSURANCE RETIRED EMPLOYEES
Section 7.01 CITY SPONSORED MEDICAL INSURANCE PLANS
1. The City will pay 100% of the premium for the agreed upon health
insurance, under the City's insurance plans, for retired
employees and eligible dependents, to the maximum dollar amount
being equal to the contribution made for current employees with
coverage which is the same as that of the retiree.
Section 7.02 OTHER MEDICAL INSURANCE PLANS
1. The City shall contribute up to $120.00 per month to employees
who service retire while under the employ of the City of El
Segundo toward any medical insurance coverage which the retiree
should select for himself or herself if the selected medical
coverage is not provided under the City's insurance plans.
Retirees with non -City medical coverage shall submit proof of
their annual coverage for medical insurance to the City at any
time during the year and the City will issue them a reimbursement
check. Partial year coverage shall be compensated on a pro -rated
basis.
2. The above limitation shall not apply for retirees who retired
before December 1989 and in December 1989 were not receiving a
City contribution to medical insurance. The monthly limitation
for such employees shall be $75.00.
Section 7.03 ELIGIBILITY RETIREE MEDICAL INSURANCE
1. Effective July 1, 1989, employees shall have a minimum of five
(5) years of City service as a prerequisite to receive from the
City service retiree medical insurance contributions and
continued participation in the City's group insurance plans
except as may be mandated by law (e.g., COBRA).
ARTICLE 8 - SICK LEAVE
Section 8.01 SICK LEAVE ACCRUAL
1. Permanent employees shall accumulate sick leave at the rate of
one eight -hour day accumulation for each month's service not to
exceed a maximum of 1056 hours. Members of the Fire Service in
the positions of firefighter, paramedic, fire engineer, and fire
captain who work shifts shall accumulate sick leave at the rate
of one twelve -hour day accumulation for each month's service,
not to exceed a maximum of 1584 hours. Sick leave shall be
available for immediate use beginning from date of hire.
Section 8.02 SICK LEAVE USAGE FOR FAMILY CARE
1. Affected employees are eligible to utilize a maximum of six (6)
days (three shifts) of sick leave per calendar year in order
that care may be provided to immediate family members suffering
from illness or injury. The City shall require each affected
employee utilizing sick leave for said purpose to provide in
writing a sworn statement evidencing the facts justifying the
use of sick leave in this regard in compliance with the
California Family Rights Act, Labor Code Section 233.
Section 8.03 SICK LEAVE PAY UPON SEPARATION
1. Upon separation from service of an employee, the City shall pay
for the employee's unused sick leave accumulation according to
the following schedule at the same rate the employee would have
received had he /she used the benefit to receive full pay while
absent on the date of the cash -out payment:
a. 50% after ten (10) years of service.
b. 90% after twenty (20) years of service.
2. Employees with 25 years or more of City service who have reached
age 47 or more may, in each of their final three years of
15
employment, cash out up to 1/3 of their accrued unused sick
leave up to a maximum of 90% as long as they maintain a 120 hour
post distribution balance during employment. The cash out is
limited to one time per calendar year with the exception of the
final 1/3 cash out to be made on separation. The first two
payments are limited to the maximum dollar value of deferred
compensation "catch up" permitted by law for the calendar year
in which the cash out is received. in no event can an employee
cash -out a cumulative total greater than that permitted above.
Section 8.04 SICK LEAVE PAY UPON DISABILITY RETIREMENT
1. Employees separating from service because of a disability
retirement, after five (5) years of service, will be compensated
at 90% of the employee's accumulated, unused sick leave at the
same rate the employees would have received had he /she used the
benefits to receive full pay while absent on the date of the
cash -out payment.
Section 8.05 SICK LEAVE PAY UPON DEATH
1. Employees who die while under the employ of the City will
receive 75% of their accrued unused sick leave. Benefits shall
be paid to employee's beneficiaries and /or estate at the
"regular rate of pay ".
Section 8.06 ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
1. on the first day of December of each year, employees who
maintain a balance of 1056 hours (Firefighters assigned to fire
suppression, 1584 hours) of Sick Leave accrual shall be paid at
the "regular rate of pay" for one -half the Sick Leave
accumulated and not used during the preceding twelve -month
period. Payment shall be made on or before December 10.
ARTICLE 9 - VACATION LEAVE
Section 9.01 VACATION ACCRUAL 40 -HOUR WORK WEEK
1. Members of the Union who work 40 hours a week shall accumulate
vacation time not to exceed the total aggregate of two years
accumulation in accordance with the following schedule:
a. Twelve (12) working days per year with full salary for the
first seven years of continuous service with the City;
b. Eighteen (18) working days per year with full salary after
seven (7) years and until the completion of fourteen years
of continuous service;
c. Twenty -four (24) working days per year with full salary
after fourteen (14) years of continuous service.
16
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Section 9.02 VACATION ACCRUAL 24 -HOUR SHIFT
1. Employees who work on a shift basis shall accumulate vacation
time not to exceed the total aggregate of two years accumulation
in accordance with the following schedule:
a. Six (6) shifts per year with full salary for the first
seven (7) years of continuous service with the City.
b. Nine (9) shifts per year with full salary after seven years
and until the completion of fourteen (14) years of
continuous service.
c. Twelve (12) shifts per year with full salary after fourteen
(14) years of continuous service.
Section 9.03 VACATION ELIGIBILITY
1. One (1) captain, one (1) engineer, one (1) paramedic and one (1)
firefighter per shift shall be granted vacation leave upon
approved application being made and consistent with the needs of
the Department. When the Fire Chief authorizes the use of
unsecured vacation, as provided by the rehire policy, more than
one member in a rank per shift will be able to use accrued
vacation time.
2. Vacation leaves may be taken only after an employee has
completed one year's continuous service with the City.
Section 9.04 VACATION BUY BACK
1. Each affected employee shall be provided the option of
converting one hundred percent (100 %) of annual accrued vacation
leave to cash, at the regular rate of pay of pay existing at the
time of distribution, during one (1) calendar year pay period as
selected at the discretion of the employee.
Section 9.05 VACATION ACCRUAL ON IOD
1. An employee on a City approved industrial disability leave may
exceed his /her maximum vacation accrual by 50% of his /her annual
vacation leave. (Example: employee on IOD with 288 hours accrued
vacation may accrue an additional 72 hours, i.e. 50% of his 144
annual accrual).
Section 9.O6 PROMOTION AND TRANSFER ELIGIBILITY
1. Vacations shall be honored with respect to all transfers even if
that vacation period has already been taken by another member. In
addition, vacations shall be honored with respect to promotions,
however this is contingent on volunteer members being available to
work. Vacations honored under this provision that allow two members
to be on vacation during the same period shall not be available to
other members should the transferred or promoted member cancel said
vacation period.
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Section 9.07 PAYOUT ON TERMINATION
1. Upon termination of employment during a pay period, pay shall be
prorated and paid for each day worked in said pay period and the
terminal salary warrant shall include accrued vacation pay to
the time of termination.
Section 9.08 EMERGENCY USE
1. For personal emergencies, that is, a serious illness of an
"immediate family" member of the employee or the employee's
spouse and for cases of extreme and unusual hardship of an
emergency nature, employees, upon request, shall be entitled to
utilize accumulated vacation leave or compensatory time -off, for
which prior notification is required; however, in certain
instances notification requirements may be waived.
ARTICLE 10 - OVERTIME
Section 10.01 GENERAL
1. Effective July 1, 2006
a. All of the members of the Fire Department shall be subject to
call for service at any time.
b. All employees working a 182 hour /24 day work period shall receive
premium overtime compensation at the rate of one and one -half
(1.5) times their "regular rate of pay," for all time worked or
regarded as having been worked because of a paid leave of absence
in excess of their daily work shift or in excess of 182 hours in
a 24 day work period. This MOU periodically refers to the
"regular rate of pay." The "regular rate of pay" is defined in 29
CFR § 778.108 et. seq.
c. All employees working a 40 hour /7 -day work period, a 9/80 or
other modified 40 hour schedule shall receive premium overtime
compensation at the rate of one and one -half (1.5) times their
regular rate of pay for all time worked or regarded as having
been worked because of a paid leave of absence in excess of
their daily work shift or in excess of 40 hours in a 7 -day work
period.
Section 10.02 OVERTIME UNDER FLSA
1. Effective July 1, 2006
a. The City shall compensate personnel who temporarily work an 8-
hour day at their regular rate of pay based on a 56 -hour per
week work schedule. The employee's hourly rate shall be
modified to a 40 -hour per week rate if the Fire Chief reassigns
the employee to that shift for an extended term.
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Section 10.03 RECALL /FORCED HIRE COMPENSATION
1. Effective July 1, 2006
a. Employees subject to recall shall be paid a minimum of four (4)
hours at time and one -half. Employees subject to forced rehire
shall be paid a minimum of four (4) hours at time and one -half.
The Battalion Chief will release a recalled /rehired suppression
employee when there is no circumstance justifying a hold -over of
the person or whenever scheduling does not justify a hold -over
of the person.
ARTICLE 11 - DEFERRED COMPENSATION PROGRAM
Section 11.01 ELIGIBILITY / PROGRAM ADMINISTRATOR
1. Union members are eligible to participate in the City's approved
deferred compensation programs. The contributions made to this
program shall be borne solely by the employee (i.e. no City
contributions). In the event the City contemplates changing the
program administrator, the City will first consult with the
Union.
Section 11.02 DEFERRED COMPENSATION MATCHING FUNDS
1. Effective July 1, 2007 the City shall match contributions made
by the employee to the City's Deferred Compensation Plan
established under Section 457 of the Internal Revenue Code to a
maximum of 5% of the employee's regular rate of pay. The City
shall deposit the matching funds on behalf of the employee into
the City's Deferred Compensation Plan established under section
401(a) of the Internal Revenue Code on or before December 10th of
each year. The matching contribution shall be based on the
contributions made by the employee to the 457 plan for the
calendar year.
ARTICLE 12 - RETIREMENT - PERS
Section 12.01 THREE PERCENT AT FIFTY -FIVE
1. All sworn firefighting employees currently represented by the
Union who are safety members of PERS shall have their retirement
benefits calculated pursuant to the three percent (3 %) at age 55
formula set forth in Section 21362 of the California Government
Code. In addition, each such employee shall be entitled to the
Level 3 Survivors' Benefits and entitled to elect to receive
credit for prior military service in accordance with Section
21024 of the California Government Code.
Section 12.02 SURVIVORS BENEFIT
1. The City of E1 Segundo has modified its PERS contract to provide
level four survivors benefit for unit members.
2. As soon as practicable, the City shall modify its PERS contract
to provide for the Government Code § 21548 PRE - RETIREMENT OPTION
2W DEATH BENEFIT.
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Section 12.03 RETIREMENT FORMULA
1. Employees shall have their retirement calculated on single
highest year in accordance with Section 20042 of the California
Government Code.
Section 12.04 PERS PAYMENT PICK -UP
1. The employees shall pay their required nine percent (9 %)
contribution to PERS. The City shall pick -up this nine percent
(9 %) contribution. The contribution, so picked -up, shall be
treated as an employer contribution for purposes of employee
federal and state income tax withholding.
2. The City's pick -up of the contribution shall be limited to the
percentages noted herein. Increases in the City's pick -up
percentage shall not occur without mutual agreement of the
parties.
ARTICLE 13 - UNIFORM AND SAFETY EQUIPMENT
Section 13.01 UNIFORM MAINTENANCE PROGRAM
1. Each newly hired employee within a represented classification
shall be provided at City cost, with three (3) complete
uniforms. A "complete" uniform shall be defined as including
required badges, patches, shirts, pants, boots, jackets, jacket
liner, belt, tie, tie clip, hat, hat piece, collar piece, name
tags and buckles. Further, the City shall at its own cost
replace items fitting within the aforesaid uniform description
where such items are rendered unserviceable through normal wear
and tear. If boots can be re -soled without negatively impacting
integrity of the boot, then replacement will not occur. The
determination of the Fire Chief as to uniform items being
replaced consistent with this section shall be final and binding
and shall not be subject to a grievance procedure or to judicial
review.
2. Additionally, each member of a represented classification shall
be provided with an annual uniform maintenance allowance of
$325, distributed quarterly on a prorated basis.
Section 13.02 CAL OSHA /FED OSHA UNIFORM REQUIREMENTS
1. In the event that Cal OSHA, Federal OSHA or an equivalent body
changes the uniform requirements for unit employees, the City
shall provide or pay the cost of the newly mandated item(s) up
to 2 uniforms and 1 pair of shoes per employee.
Section 13.03 DEPARTMENT UNIFORM OFFICER
1. The duties of the Department Uniform Officer may be assigned in
the Firefighters' bargaining unit. The assigned personnel will
manage the purchase, replacement and distribution of uniforms
and turnout gear.
20
ARTICLE 14 - BEREAVEMENT LEAVE
Section 14.01 GENERAL
1. A maximum of four (4) days (which shall be defined as two (2)
shifts or 48 hours) paid bereavement leave per incident of death
in the immediate family is provided separate and distinct from
sick or other leave benefits. "Immediate family" shall be
defined as spouse, child, mother, father, grandparents or
sibling.
Section 14.02 USE OF OTHER LEAVES
1. No other emergency leave shall be provided, except as outlined
in Sections 8.02 and 9.10.
Section 14.03 DOCUMENTATION
1. Members who use bereavement leave or emergency leave shall be
required to write a fire department correspondence through
channels to the Fire Chief indicating the reason they requested
the leave. The Fire Chief shall sign the letter and include it
in the member's fire department personnel file.
ARTICLE 15 - COMPUTER LOAN PROGRAM
Section 15.01 GENERAL
1. Contingent upon the City determining that sufficient funds exist
for said purpose, provision to each affected employee of a
maximum of $4000 cumulative interest free loan to purchase
personal computer hardware and software. The City's
determination in this regard is not subject to administrative or
judicial appeal. Loans shall be repaid through payroll
deductions over a three -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.
2. City shall 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.
3. "After- the - fact" financing is allowed only with prior approval
of the Director of Finance or his /her designee.
Section 15.02 INITIAL LOAN
1. All participants to the loan program will be eligible for an
initial, interest free loan in the amount of $4,000 (four
thousand dollars). 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.
21
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Subsequent loans or amounts in excess of the above maximum
interest free loan, would be at an interest rate of 3 %. All
loans would include a 36 -month repayment term.
Section 15.03 ELIGIBLE PURCHASES
1. Eligible purchases shall be expanded to include ergonomic -
related furniture and equipment and anti -viral software shall be
required as a prerequisite in granting requested loans.
ARTICLE 16 - SAFETY COMMITTEE
Section 16.01 SELECTING MEMBERS
1. The Fire Department Safety Committee shall at a minimum consist
of one member from each suppression position: Battalion Chief,
Captain, Engineer, Firefighter /Paramedic, and Firefighter. Each
position shall select their volunteer representative. If there
are no volunteers, the Fire Chief may appoint a position
representative. Review of the representatives shall be made at
approximately 18 -month intervals, and /or at the request of the
committee at any time. In addition to being comprised of
suppression personnel, the Safety Committee shall also consist
of one member from the Fire Prevention Division and one member
from the Environmental Safety Division.
Section 16.02 PURPOSE
1. Using a proactive risk management approach, make recommendations
for abating unsafe conditions in order to prevent accidents and
improve safety in all department operations.
2. Review policies and procedures of the department as they pertain
to safety, and make recommendations for correction or change.
3. Review equipment, uniforms, and protective gear to assure their
quality as related to safety considerations.
4. Review accidents related to equipment, apparatus, and
facilities, as well as make recommendations regarding any
corrective measures needed to limit future occurrences.
5. Issue department safety bulletins at the direction and approval
of the Fire Chief.
6. All recommendations will be forwarded to the Fire Chief. He
will take any final actions, ensuring compliance with local
policies or ordinances, and /or any state or federal regulations.
Section 16.03 MEETINGS
1. The committee shall meet at the discretion of their selected
chairperson.
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ARTICLE 17 - TRAINING REIMBURSEMENT
Section 17.01 PARAMEDIC TRAINING REIMBURSEMENT
1. Employees who participate in the Paramedic Training Program will
be required to reimburse the City, for the cost associated with
training paramedics upon voluntary separation from City service.
The rate of reimbursement is as follows:
a. Voluntary separation during the Paramedic Training Program
- 100% of the City's expended costs for training.
Reimbursement is not required if the City receives credit
back from the training program.
b. Voluntary separation during the first year following state
certification as a paramedic - 100% of the City's expended
costs for training.
c. Voluntary separation during the second year following state
certification as a paramedic - 50% of the City's expended
costs for training.
d. Voluntary separation during the third year, and thereafter,
following state certification as a paramedic - no
reimbursement.
2. The City's costs will be limited to the following:
a. Primary Paramedic Training.
b. State Accreditation Fee.
c. L.A. County Accreditation Fee.
Section 17.02 DEPARTMENT INSTRUCTOR TRAINING
1. Employees sent to training at City expense, for the purpose of
training and instructing members of the department in training
disciplines, shall commit to serve as a department instructor
for a minimum of two (2) years. Any member who chooses not to
honor this commitment will be required to reimburse the City for
costs associated with the training according to the following
schedule:
a. Voluntary separation during the training program - 100% of
the City's expended costs for the training. Reimbursement
is not required if the City receives credit back from the
training program.
b. Voluntary separation from department instructor during the
first year following the training course(s) - 100% of the
City's expended costs for the training.
c. Voluntary separation from department instructor during the
second year following the training course(s) - 5096 of the
City's expended costs for the training.
d. Voluntary separation during the third year, and thereafter,
following the training course(s) - no reimbursement.
e. Members who voluntarily separate from the City will be
exempted from this provision, unless the member leaves
within the first six (6) months after completion of the
training.
2. To determine reimbursement costs, the City's cost will be
limited to the following:
a. Fees for the course(s).
b. Travel, per diem and lodging expense.
ARTICLE 18 - EDUCATIONAL REIMBURSEMENT
Section 18.01 REIMBURSEMENT FOR COURSES
1. For unit employees hired after July 5, 1975, the City will pay
the employee $375 for each job related course (3 -unit semester
or 4 -unit quarter system) the employee completes at an
accredited college, university, or California State Fire Academy
accredited state or regional class taken during the employee's
non -work hours in which a minimum "C" grade is received in said
course. The employee is required to obtain the prior approval
of the Fire Chief. The maximum an employee can receive in any
calendar year period is $1,500.
2. During the term of this agreement, the parties shall confer
regarding designation of those California State Fire Academy
courses which shall result in eligibility for reimbursement.
The designation of classes shall include, but need not be
limited to those classes that previously have been approved.
Once the initial designation list has been compiled, the Fire
Chief shall first confer with Union representatives and shall
then be authorized to add newly designated courses which the
Fire Chief considers appropriate.
Section 18.02 REIMBURSEMENT FOR TUITION AND BOOKS
1. An additional benefit will be offered to employees hired after
July 5, 1975. Those employees will have the option of receiving
reimbursement for tuition and books as outlined below. (The
employee may select only one reimbursement option during a
calendar year)
a. The employee must submit a memo to the Fire Chief detailing
courses and the time frame required to obtain job - related
Associate or Bachelor degree at an accredited college or
university.
b. The employee must receive approval (prior to enrollment)
from the Fire Chief to receive reimbursement for tuition
and books.
c. Tuition and book reimbursement is not to exceed $2,000 for
each affected employee per calendar year.
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d. Reimbursement requires obtaining a grade of "C" or higher,
and submission of appropriate receipts to the Fire Chief
and the Director of Administrative Services.
e. The Fire Chief or his /her designee shall keep a log of
employees requesting and receiving educational
reimbursement.
f. Employees must maintain an overall satisfactory department
evaluation to remain eligible for educational
reimbursement.
g. Once approval has been obtained the employee must meet the
criteria outlined above to receive the reimbursement.
Section 18.03 CITY REIMBURSEMENT AGREEMENT
1. Employees who participate in the Educational Reimbursement
Program will be required to sign the following agreement:
a. Educational Reimbursement - "I certify that I successfully
completed the course(s), receiving at least a grade of "C"
or better." (Attach 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 18.04 CITY REIMBURSEMENT SCHEDULE
1. Below is the reimbursement schedule for the full months worked
between course completion and resignation dates and the
percentage of the total reimbursement to be refunded to the
City.
1 100%
7
50%
2 100%
8
40%
3 90%
9
30%
4 80%
10
20%
5 70%
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10%
6 60%
12
0%
ARTICLE 19 - TEMPORARY APPOINTMENTS
Section 19.01 GENERAL
1. where an employee is qualified for and is required for an
appreciable period of time to serve temporarily in and have the
responsibility for work in a higher class or position, when
approved by the City Manager, such employee, while so assigned,
shall receive the entrance salary rate of that class or whatever
step thereof that is not less than five percent above his or her
present rate, whichever is higher. For the purpose of this
section, "appreciable period of time" is defined as ten
25
consecutive working days (eight working days if on Four /Ten
Plan) or longer.
Section 19.02 METHOD FOR FILLING VACANCIES
1. Rank for rank rehires shall be the standard method used for
filling vacancies with the exception of long term vacancies
expected to be longer than eight (8) weeks.
Section 19.03 GUIDELINES
1. Long -term vacancies (more than 8 weeks) may be filled with
provisional appointments made at the direction of the Fire
Chief. The following guidelines shall be used when considering
filling a vacancy by provisional appointment.
a. The Fire Department Personnel Officer (FDPO) shall obtain a
diagnosis in writing from the attending physician.
b. The FDPO will refer to the Medical Disability Advisor, 2nd
Edition, by Presley Reed, M.D., to assist in determining
the duration of the employee's absence. This would be the
average of the minimum and maximum expected length of
disability in the category for very heavy work.
Section 19.04 PARAMETERS FOR CONFERRING
1. The FDPO will confer with the Union to determine whether or not
a provisional appointment should be made. Provisional
appointments will normally be made when each of the following
statements is true:
a. An employee to be provisionally appointed is reasonably
available and has qualified for the position by competitive
examination.
b. The provisional appointment is needed to relieve an over
burden of staffing replacement hours.
c. The provisional appointment will not cause an over burden of
staffing replacement hours.
d. The provisional appointment does not fall 45 days prior to a
promotional examination in the same classification as the
provisional appointment.
e. The provisional appointment can be reasonably justified as an
operational necessity.
Section 19.05 DETERMINATION OF APPOINTMENT
1. The FDPO and the Union will reduce to writing a recommendation
to the Fire Chief as to whether or not a provisional appointment
should be made. The recommendation will be made within ten (10)
days of a known vacancy and include the agreed upon answers to
the statements listed above and /or the agreed upon differences
of opinion of the FDPO and the Union.
c�-
2. The Fire Chief will consider the recommendation and make the
final determination. If the recommendation is not made within
ten (10) days, the Fire Chief will make a decision based on the
information available at that time.
Section 19.06 INTENT OF POLICY
1. This policy shall not be abused or used outside the intent of
filling longer -term disability positions, except for dynamic
emergency situations that dictate rank for rank rehires.
ARTICLE 20 - MAINTENANCE AND REPAIRS
Section 20.01 LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited maintenance and repair
such as outlined below:
1. CARPENTRY
a. Members will perform minor, unskilled carpentry
maintenance and repair. Such carpentry responsibilities
shall not include maintenance or repairs requiring
special skills, knowledge, or tools beyond household
handyman level.
2. PAINTING
a. Members will perform touch -up painting (small jobs
handled with 1" brush and quart can) . Such touch -up
painting shall exclude painting of entire walls, rooms,
or structures.
The foregoing Limited Maintenance Agreement shall pertain to all fire
facilities:
Section 20.02 ADMINISTRATIVE OFFICES (FIRE STATION #1)
1. The City will maintain and clean the administrative office area
and greenhouse windows in Fire Station #1. For the purpose of
this provision, the administration office area is defined as the
lobby, secretarial area, Fire Chief's Office, Fire Prevention
Bureau offices, and Conference Room. Unit employees shall
continue to be responsible for the maintenance and cleaning of
all other areas in this facility and all areas of Fire Station
#2 as presently provided.
ARTICLE 21 - MATERNITY LEAVE
Section 21.01 EQUAL BENEFITS
1. Except as provided herein, a female employee disabled because of
pregnancy, childbirth, or a related medical condition shall have
the same benefits as are provided to other employees who are
temporarily disabled for (non - industrial) medical reasons.
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Section 21.02 WORKING AND REPORTING
1. It is the employee's right to continue to work while she is
pregnant. Members who become pregnant and are physically capable
of performing their jobs may, at their discretion, remain in
active -duty positions, and are not required to report their
condition to the employer.
Section 21.03 LIGHT DUTY
1. The City shall transfer a pregnant female employee to a less
strenuous or hazardous position for the duration of the
employee's pregnancy if she so requests, with the advice of her
physician or the employee's other licensed health -care provider,
where that transfer can be reasonably accommodated. The position
will have an equivalent rate of pay and benefits. However, the
City shall not be required to create additional employment that
the City would not otherwise have created, nor shall the City be
required to discharge any employee, transfer any employee with
more seniority, or promote any employee who is not qualified to
perform the job.
Section 21.04 LEAVE
1. A female employee disabled because of pregnancy, childbirth, or a
related medical condition shall be entitled to take up to four
months of leave of absence or the amount of accrued sick leave
and vacation (if such leave is used), whichever is greater, due
to such disability. The definition of "disabled because of
pregnancy" includes that provided in California Code of
Regulations Section 7291.2(8) and includes severe morning
sickness or the need for time off for prenatal care. The date on
which the leave should commence and the date on which the
employee shall resume duties, shall be determined by the employee
and her physician or the employee's other licensed heath -care
provider. Leave may be taken intermittently or on a reduced work
schedule when medically advisable, as determined by the
employee's physician or her other licensed health -care provider.
At the end of the employee's period(s) of pregnancy disability or
at the end of four months pregnancy disability leave, whichever
occurs first, a California Family Rights Act ( "CFRA ") eligible
employee may request to take CFRA leave of up to 12 workweeks for
the birth of her child, if the child has been born by that date.
There is no requirement that either the employee or child have a
serious health condition in order for the employee to take CFRA
leave. There is also no requirement that the employee no longer
be disabled by her pregnancy before taking CFRA leave for reason
of the birth of her child.
Section 21.05 NOTICE OF LEAVE
1. Any
employee
give
the City
the
date the
any
leave.
who plans to take p
reasonable notice
leave will commence
If 30 days advance
medical emergency or unforeseen
inform the City of her need for
soon as practicable.
regnancy disability leave shall
,generally at least 30 days) of
and the estimated duration of
notice is impractical (e.g.,
occurrence) the employee shall
pregnancy disability leave as
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a. The City reserves the right to require written confirmation
from the employee's physician or the employee's other
licensed health -care practitioner that she is or will be
disabled by pregnancy, childbirth, or related medical
conditions as a condition of granting pregnancy disability
leave.
b. The City reserves the right to require written verification
from the employee's physician or the employee's other
licensed health -care practitioner that her disability has
ceased before the employee returns to work.
Section 21.06 RETURNING TO WORK
1. When the employee is ready to return from pregnancy leave the
employee shall be entitled to return to her original position
unless either:
a. The job ceases to exist because of legitimate business
reasons unrelated to the employee's pregnancy disability
leave (e.g., layoff); or
b. Each means of preserving the job for the employee would
substantially undermine the City's ability to operate safely
and efficiently.
Section 21.07 COMPARABLE POSITION
1. If the employee cannot return to her original position because of
either of the foregoing reasons, she shall be entitled to a
comparable position unless either:
a. There is no comparable position available; or
b. For employees whose pregnancy disability does not qualify as
a Family Medical Leave Act ( "FMLA ") leave, a comparable
position is available, but filling the available position
with the returning employee would substantially undermine
the City's ability to operate safely and efficiently.
c. "Employment in a comparable position" means employment in a
position, which is virtually identical to the employee's
original position in terms of pay, benefits, and working
conditions, including privileges, prerequisites and status.
It must involve the same or substantially similar duties and
responsibilities, which must entail substantially equivalent
skill, effort, responsibility, and authority. It must be
performed at the same or geographically proximate worksite
from where the employee was previously employed. It
ordinarily means the same shift or the same or an equivalent
work schedule.
Section 21.08 RIGHTS
1. Nothing contained herein shall limit the rights of the employee
under the California Family Rights Act, the Federal Family and
Medical Leave Act or other statutory and /or case law.
ARTICLE 22 - POLICY AND PROCEDURE AGREEMENTS
Section 22.01 DISABILITY RETIREMENT APPEAL PROCEDURES
1. The parties have agreed upon a disability retirement appeal
procedure dated July 15, 2003.
Section 22.02 ANNUAL FITNESS FOR DUTY PROCEDURES
1. The parties have agreed upon an annual fitness for duty policy
and associated forms as indicated by initialing and dating the
forms and policy on June 9, 2003.
Section 22.03 INJURY ON DUTY PROCEDURES
1. The parties have agreed upon a injury on duty procedures dated
June 18, 2003
Section 22.04 MODIFIED DUTY PROCEDURES
1. This is a temporary light duty procedure, as part of occupational
injury and illness policy.
2. When an employee is assigned to light duty the employee shall be
assigned to a 40 -hour workweek schedule (9 -80 schedule) . The
attending physician will identify any work restrictions and
limitations. The fire administration will determine if an
appropriate temporary light duty assignment is available meeting
the restrictions detailed by the attending physician. Final
approval for temporary light duty assignments rests with the Fire
Chief. Temporary light duty assignments shall be for thirty (30)
days. The Fire Chief may grant extensions as needed or requested.
3. While on light duty the employee will wear the department -
approved uniform. Exceptions to the requirement to wear the
department- approved uniform may be granted by the Fire Chief
based on the nature of the injury and the work to be performed.
4. In order to return to full duty the employee must provide written
documentation per City Practices authorizing the return to
unrestricted duty.
5. An employee assigned to temporary light duty may make a request
to the Fire Chief for a modified 40 -hour workweek and /or work
location. The nature of available assignments and the needs of
the employee will be considered in the decision. The Fire Chief
will consider each request for a modified schedule /location on a
case -by -case basis.
Section 22.05 REHIRE POLICIES
1. City officials and Association representatives met and agreed to
Rehire /Staffing Policy and Procedures. That agreement is
reflected in a revised Rehire /Staffing Policy and Procedures
dated December 19, 2003. Either party may cause a reopening of
the meet and confer process regarding proposed changes to the
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Rehire /Staffing Policy and Procedures incorporated herein. There
shall be no modification to the Rehire /Staffing Policy and
Procedures absent an agreement of the parties to do so.
Section 22.06 RANK FOR RANK POLICY
1. The City agrees that when it rehires employees of the Fire
Department it will rehire in rank, in accordance with the
Rehire /Staffing Procedures, if there is available for rehire an
employee holding the same rank as the absent employee.
Section 22.07 DRUG -FREE WORKPLACE POLICY
1. The City of El Segundo Drug -Free Workplace Statement and
Substance Abuse Policy (dated July 25, 1994) is accepted by the
Union. During the term of this agreement the city shall assess
the need for revisions to the Drug -Free Workplace Statement and
meet and confer with the Association for any proposed
modifications to cause compliance with Lanier v. City of
Woodburn.
Section 22.08 LAYOFF AND RECALL POLICY
1. Definitions
a. Layoff - A reduction in the workforce, resulting in
temporary or permanent unemployment, of one or more
employees.
b. Bumping - Moving to a lower classification or special
assignment in which there is no vacancy and displacing an
employee who has less seniority in that classification or
special assignment as determined by appointment date to the
affected classification.
2. Grounds for Layoff
a. 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 (bumped) by
another employee. Such layoff, reduction or displacement
shall result from action of the City Manager or his /her
designee. The City Manager shall recommend to the City
Council each classification to be affected by any such
change. Employees of the Fire Department shall be laid off
in the following order:
1. Temporary, part -time and seasonal employees;
2. Probationary employees;
3. Employees who have finished their probationary period.
3. Notice to Employees
a. An Employee filling a full time position shall be given
fourteen (14) calendar days notice of layoff, seventeen (17)
calendar days if by certified mail, indicating the
circumstances, which made the layoff necessary. Employees
31
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reduced or displaced (bumped) shall be given five (5)
calendar days notice, eight (8) calendar days if by
certified mail, indicating the circumstances which made the
change necessary. In the event of an emergency, the City
Council may approve a reduction in the notice requirements,
if so recommended by the City Manager.
4. At -Will Employees
a. 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.
5. Benefit Pavoff
a. In the event an employee is laid off, he /she shall receive
payment, at the employee's request, for any earned unused
sick leave (in accordance with the M.O.U.), prorated
vacation or holiday time as quickly as possible but not
later than fourteen (14) days after the layoff.
6. Procedures for Layoff
a. Permanent employees shall be laid off in order of 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 seniority in City service, etc.
Seniority shall be determined by hire date.
7. Procedures for Reduction or Displacement
a. Employees shall be reduced or displaced (bumped) in order of
their seniority in the affected classification or special
assignment, that is the employee with the least seniority in
the classification or special assignment shall be reduced or
displaced (bumped) first, followed by the employee with the
second least seniority in rank, etc. Seniority shall be
determined by promotion or assignment date. Temporary
appointments or "Acting" assignment dates shall not be used
for the purpose of calculating seniority in rank. For the
purpose of this section Paramedic Assignment shall be
considered below Fire Engineer and above Firefighter.
8. Bumping Rights
a. Employees shall have the right to bump down to a lower
classification or special assignment to which they were
previously assigned, provided that the employee has greater
seniority in that assignment, thus bumping an employee in
that classification or special assignment with the least
seniority to a lower classification or special assignment.
To bump down into a lower classification or special
assignment the employee must qualify for the position
including any required certifications or licenses.
Employees properly laid off in the bargaining unit shall not
have bumping rights to any other City departments.
Employees laid off from other departments of the Employer
32
z�z
shall not have any bumping rights to positions within Fire
Department Suppression Division.
9. Breaking Ties
a. In cases where employees have the same date of hire (i.e.
equal seniority), seniority shall be granted to the employee
with the highest score on the examination in which the
employee participated and received the appointment. The
following criteria shall be used to determine seniority (in
case of a tie or the testing process is not applicable, the
next criteria shall be used).
1. Overall raw score.
2. Raw score of the oral interview.
3. Raw score of the Practical (Engineers)
4. Raw score of the written examination.
5. The earliest date and time of application.
10. Salary Placement
a. 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 the
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 the
reemployment list or lists.
11.Reemployment List
a. 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 refused 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.
12. Letter of Layoff
a. 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
33
layoff and is eligible for reemployment to the higher -level
position.
13.Rights of Reemployment
a. If a person is reemployed by the City within three (3)
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.
14. Appeal
a. If the above procedures, except for Section B - Grounds for
Layoff and Section D - At -Will Employees, are misapplied and
adversely affect a laid -off or displaced employee, the
adversely affected employee may file an appeal, setting
forth what sections of this Section were violated, to the
City Manager.
Section 22.09 GRIEVANCE PROCEDURE
1. Purpose
a. To promote improved employer - employee relations by
establishing procedures for the fair and orderly resolution
of disputes between the City and the Union and /or the City
and employees represented by the Union.
b. To provide that grievances shall be settled as near as
possible to the point of origin.
c. To provide that the grievance procedures shall be as
informal as possible.
2. Definition
a. A "Grievance" shall be defined as a controversy between the
City and the Union or an employee or employees covered by
this agreement. Such controversy must pertain to any of the
following:
1. Any matter involving the application of any provision
of this agreement; or
2. Any matter involving the violation(s) of any provision
or intent of this agreement; or
3. Any matter that affects the working conditions of the
employee or the application of all rules, regulations,
policies and /or laws affecting the employees covered
by this agreement; or
4. Any protests of ratings or performance evaluations.
34
3. Evaluations
a. If an employee disagrees with their performance evaluation,
Steps 1 and 2 of the grievance procedure shall apply to
challenge the content of the employee's evaluation or
performance review. If the grievance is not resolved at
Step 2, the issue may be presented to the Director of
Administrative Services within five (5) calendar days after
termination of Step 2. A meeting with the employee, Union
representative and the Director of Administrative Services
will be arranged at a mutually agreeable location and time
to review and discuss the grievance. Such meeting will take
place within ten (10) calendar days from the date the
grievance is received by the Director of Administrative
Services. The Director of Administrative Services may
invite other members of management to be present at such
meeting. The Director of Administrative Services will give
a written reply by the end of the seventh (7th) calendar day
following the date of the meeting. The findings of the
Director of Administrative Services shall be final.
4. Discipline
a. An appeal of discipline is not subject to the grievance
procedure. An appeal of discipline is distinct from a
grievance in that it is an action taken by an employee to
request an administrative review of disciplinary action
initiated against him or her and is subject to the following
procedure, which shall supersede contrary provisions in
Ordinance 586,. Where necessary, the City shall propose
necessary modifications to bring the Ordinance into
compliance with Government Code § 3254.5 (FBOR.) . Pursuant
to Government Code Section 3254.5, the administrative appeal
shall be conducted in procedural compliance with Section
11500 et. seq.
5. Procedure
a. There shall be an earnest effort on the part of both parties
to settle grievances promptly through the steps listed
below.
1. Step 1 - An employee's grievance must be submitted in
writing by the employee, fully stating the facts
surrounding the grievance and detailing the specific
provisions of this agreement alleged to have been
violated within fifteen (15) calendar days after the
employee could have been reasonably expected to have
had knowledge of the circumstance(s) giving rise to
the grievance. The supervisor or management
representative shall reply in writing to the employee
by the end of the fifteenth (15th) calendar day
following the presentation of the grievance and
giving of such answer will terminate Step 1.
Step 2 - If the grievance is not settled in Step 1,
the grievance will be presented to the Fire Chief
within ten (10) calendar days after termination of
Step 1. A meeting with the employee, Union
representative and Fire Chief will be arranged at a
mutually agreeable location and time to review and
discuss the grievance.
35
Such meeting will take place within ten (10) calendar
days from the date the grievance is received by the
Fire Chief. The Fire Chief may invite other members
of management to be present at such meeting. The
Fire Chief will give a written reply by the end of
the seventh (7th) calendar day following the date of
the meeting, and the giving of such reply will
terminate Step 2.
Step 3 - If the grievance is not settled in Step 2,
the grievance will be presented to the City Manager
within five (5) calendar days after termination of
Step 2. The Grievant(s) or Union Representative and
the City Manager shall, within seven (7) calendar
days after receipt of a grievance initiated at this
Step, arrange a meeting to be held at a mutually
agreeable location and time to review and discuss the
grievance. Such meeting will take place within ten
(10) calendar days from the date the grievance is
referred to Step 3. The City Manager will give a
written reply by the end of the seventh (7th)
calendar day following the date of the meeting, and
the giving of such reply will terminate Step 3. The
findings of the City Manager shall be final and
binding except as provided in Step 4 below.
Step 4 - In cases, and only in such cases, which
involve the alleged violation of the Personnel
Ordinance, the Classification and Salary Resolution,
the Personnel Rules or a Memorandum of Understanding,
the employee may, by written notification to the
Director of Administrative Services within two (2)
working days, request submission of the issue to the
Los Angeles County Civil Service Commission, stating
specifically the paragraphs of the Ordinance,
Resolution, Rules or Memorandum of Understanding
which the Grievant(s) alleges are being violated.
The Director of Administrative Services shall then
submit said request, together with copies of all the
pertinent forms, documents, and materials concerned,
to the Los Angeles County Civil Service Commission,
to review all such evidence and information as it
relates to the specific violation alleged by the
employee(s).
6. Representation
a. Employees may be represented by persons of their choice at
meetings with the Fire Chief, Director of Administrative
Services, City Manager or Los Angeles County Civil Service
Commission. When the grievance is processed with Union
participation, the Union agrees to pay half of the cost of
hearings conducted by the Los Angeles County Civil Service
Commission, to a maximum annual (fiscal year) amount of
three - thousand dollars ($3,000). In addition, Union shall
pay half the cost of any FBOR mandated Administrative Law
Judge. In such a case where a grievance is processed
without the Union's approval or participation, the
individual(s) shall not incur the same cost.
36
7. Witnesses
a. In the event an employee represented by the Union is
required by any party to appear at any meeting in any Step
in this Procedure while otherwise in a paid status, the
employee shall not suffer any loss of pay as a result of
that appearance.
8. Time Limits
a. Time limits and procedures, as set forth above for each of
the Steps, may be extended or waived by mutual agreement
between the parties, but neither party shall be required to
so agree. The parties agree that in the event the Union or
any member should fail to comply with any of the time
limitations set forth in this Procedure, such failure shall
constitute a waiver of its right to prosecute the grievance
further, unless good cause exists for the failure and the
City has suffered no prejudice as a result. In the event
the City or any of its representatives should fail to comply
with any of the time limits prescribed in this Procedure,
such failure shall compel the City to grant the remedy
requested in the grievance.
Section 22.10 SHIFT TRADE POLICY
1. During this negotiation process fire department officials and
Association representatives met and agreed to the
Rehire /Staffing Policy and Procedures that included shift
trades. That agreement is reflected in a revised Rehire /Staffing
Policy and Procedures dated November 11, 2003.
Section 22.11 NO SMOKING POLICY
1. Effective July 1, 1987, unit employees shall not be permitted to
smoke and /or use tobacco products on duty in City facilities at
any time.
2. Any unit employees hired after July 1, 1987, shall, as a
condition of initial and continued employment, refrain from
smoking and /or using tobacco products at any time on or off
duty.
Section 22.12 MEDICAL EXAMINATION POLICY
1. Firefighters shall be annually examined by a local medical
doctor selected by the City, except Fire Fighters under thirty -
five years of age, who shall be examined every two years.
Section 22.13 MILITARY LEAVE POLICY
1. City shall provide military leave in accordance with law.
Section 22.14 ELECTION DAY VOTING POLICY
1. Covered employees who are assigned to work on the day of any
Federal, State or Municipal elections, who desire to vote, shall
be obligated to cast absentee ballots whenever legally
available. The parties agree that this provision is not
intended to infringe upon any employee voting rights set forth
in Section 14000 et. seq. of the California Elections Code. If
any portion of this provision is found to violate Section 14000
et. seq., as part of a final adjudication by a court of
competent jurisdiction, then the parties agree to discuss
alternative voting arrangements for covered employees forthwith
which balances employee voting rights and the legitimate
scheduling needs of the Fire Department.
Section 22.15 JURY DUTY
1. 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 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 or use
vacation leave for the remainder of the employee's scheduled
duty days, when relieved of jury duty for the day and prior
to the end of the scheduled duty day.
f. The employee must provide documentation of his or her daily
attendance on Jury Duty.
ARTICLE 23 - UNION BUSINESS
Section 23.01 BULLETIN BOARDS
1. The Union shall be provided a bulletin board location at each
fire station for its posting of information concerning official
Union business .and activities. All posting shall contain the
date of the posting and the identification of the document as a
Union sponsored publication. All postings shall be done by an
authorized Union representative. Management shall have a right
to remove and /or prevent the posting of materials that contain
38
l�
personal attacks upon the qualifications, skills, credibility,
honesty or character of any City employee of any rank.
Section 23.02 UNION MEETINGS
1. The Union shall be limited to ten (10) meetings per year during
regular business hours. Additional meetings can be held after
hours or on weekends.
2. Meetings held during regular business hours shall begin at 0730
hours and end at 1130 hours with employees returning to work
details by 1145 hours, except that meetings may be longer with
approval of the Fire Chief or his designee.
Section 23.03 CONDUCT OF UNION /ASSOCIATION BUSINESS
1. Effective July 1, 2000, each fiscal year representatives
designated by the Union shall be entitled to seven (7) twenty -
four (24) hour shifts of time with pay in order to attend related
conferences, seminars, workshops, meetings, etc. No more than
four (4) shifts, or the equivalent number of hours may be taken
by any one representative on any one occasion. Time used to
participate in the processing of grievances or during the formal
"Meet and Confer" process shall be in addition to, and shall not
count against, the time off with pay granted above. A maximum of
four (4) of these shifts not used during a calendar year may be
carried over into the next year, however, in no circumstance
shall the Union or its representatives be entitled to more than
eleven (11) shifts per fiscal year. Employees requesting to
utilize this paid leave shall secure approval from the President
of the Association and submit the request to the Fire Chief ten
(10) days in advance of the requested time off. Employees shall
not be penalized any hours for utilizing this time, for the
purpose of calculating FLSA compensation.
ARTICLE 24 - HOLIDAYS
Section 24.01 ACCUMULATION
1. Employees who work shifts and are regularly required to work
holidays shall accumulate holiday pay at the rate of one hundred
forty -four hours per year in lieu of holidays. Employees who
terminate employment shall be paid holiday pay on a pro rata
basis.
Section 24.02 ANNUAL PAYMENT
1. The City shall have the option to issue eligible employees one
check annually inclusive for sick leave pay, and holiday pay in
November, but not later than on or about December 10. Benefits
shall be paid at the employee's regular rate of pay existing at
the time the check is processed.
Section 24.03 PERS PICK -UP
1. The City will pay 100% of the members' PERS contribution on
Holiday pay.
39
ARTICLE 25 - MISCELLANEOUS
Section 25.01 PROMOTIONAL EXAMINATION REQUIREMENTS
1. Effective July 1, 2003
a. Candidates for Fire Captain promotional examinations shall
be required to have 4 years firefighting experience and
possess an AA or AS Degree, which includes a curriculum in
Fire Science or 10 years of firefighting experience with
the E1 Segundo Fire Department. If the promotional testing
is declared to be open- competitive the requirements for
outside candidates shall be equivalent to the educational
requirement and /or equivalent to the time in rank in a
full -time professional fire department.
2. Effective July 1, 2006
a. Candidates for Battalion Chief promotional (or closed
promotional) examinations shall be required to have eight
(8) years experience in the fire service including 4 years
as a captain, possess a Bachelor's Degree or 10 years of
service as a Fire Captain with the E1 Segundo Fire
Department. If the promotional testing is declared to be
open- competitive the requirements for outside candidates
shall be equivalent to the educational requirement and /or
equivalent to the time in rank in a full -time professional
fire department.
Section 25.02 OPPORTUNITY TO REVIEW MATERIALS
1. No employee shall have any comment adverse to his /her interest
entered into the employee's personnel file, or any other file
used for any personnel purposes by the employer, without the
employee having first read and signed the instrument containing
the adverse comment indicating the employee is aware of such
comment, except that such entry may be made if after reading
such instrument the employee refused to sign it. The employee's
signature on the instrument indicates notice of the adverse
comment, but does not indicate agreement by the employee with
the comment. Should the employee refuse to sign, that shall be
noted on that document, and signed by a witness, not a party to
the issuance of the instrument. The employee may attach a
rebuttal to the instrument containing the adverse remark to be
included in the Human Resources or Fire Department personnel
file.
Section 25.03 TRAINING PUBLIC AND EMPLOYEES
1. As part of their duties, suppression personnel may be required to
instruct and participate in training for the public and other
City Personnel. Examples of such training and participation
include first aid, CPR, CERT, Confined Space Rescue Awareness,
breathing apparatus, fire extinguisher operation, and various
public education programs.
2. The determination as to whether to use on -duty personnel or off -
duty personnel to conduct such training is within the Fire
Administration's discretion to decide. If on -duty personnel are
used Administration will determine whether to hire back
additional personnel. The decision will be based on operational
40
reasons. When personnel are hired back from off duty to instruct
or participate in such training they will be paid at a rate
consistent with the MOU.
ARTICLE 26 - SCHEDULE
Section 26.01 SCHEDULE - SUPPRESSION EMPLOYEES
1. The work schedule shall be two (2) consecutive twenty -four (24)
hour shifts on duty followed by ninety -six (96) consecutive
hours off duty, based upon a 24 -day work cycle.
ARTICLE 27 - TERM
Section 27.01 TERM
1. The term of this MOU shall be July 1, 2008 through September 30,
2011.
2. This Agreement shall remain in effect during any negotiations
and shall continue to remain in full force and effect until such
time as a new agreement is reached.
ARTICLE 28 - RETROACTIVITY
Section 28.01 RETROACTIVITY
1. All increases in compensation and benefits in year one to be
retroactive to October 14, 2008. This excludes Section 6.03.
ARTICLE 29 - SIGNATURES
Section 29.01 SIGNATURES
1. This Memorandum of Understanding, July 1, 2008 to September 30,
2011 consisting of forty -seven (47) initialed pages, including
the cover, index and signature pages, is made and entered into
between the i and the City as amended April 1, 2009:
Fob ,'t Union- For the City:
Ke in Rehm, Richard Kreisler,
Chief Negotiato Chief Negotiator
Chris Thomason, Kevin Smith,
Pr ent Fire Chief
Tony D as i to Bob Hyland
Ind Vice President Director of Human Resources
Jo ph Inez,
Treasurer
7
Deborah Cullen,
Director of Finance
U-1-
41
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EL SEGUNDO CITY COUNCIL MEETING DATE: April 7, 2009
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding approval of a Comprehensive three -year Memorandum
of Understanding (Labor Agreement) between the City of El Segundo and the El Segundo Police
Officers' Association. (Fiscal Impact: $808,997)
RECOMMENDED COUNCIL ACTION:
1. Approve the Comprehensive Memorandum of Understanding.
2. Authorize the Mayor to execute the Memorandum of Understanding in a form approved by the
City Attorney.
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Comprehensive Memorandum of Understanding
FISCAL IMPACT: ($808,997)
Amount Budgeted:
Additional Appropriation:
Account Number(s):
ORIGINATED BY: Bob Hyland, Director of Human Resources
REVIEWED BY: Bill Crowe, Assistant City nager
APPROVED BY: Jack Wayt, City Manage /!:?.
BACKGROUND AND DISCUSSION:
In July 2008, the City's Chief Negotiator, staff and representatives of the El Segundo Police
Officers' Association began meeting and conferring, pursuant to Sections 3500 et. seq. of the
California Government Code, for the purposes of obtaining a labor agreement. Agreement was
reached during the second week of December, 2008. On December 16, 2008, Council approved an
Agreement between the City and the Association and adopted a Resolution approving the
Memorandum of Understanding.
Council's action approved the changes in the terms and conditions of employment detailed in the
Agreement, with the understanding that those changes shall then be incorporated into a
Comprehensive Memorandum of Understanding which in itself would then be presented to the
Council for approval.
The Agreement contains the following major provisions:
1. Three -year term, commencing on July 1, 2008, and ending on September 30, 2011.
12
2. A 5% salary increase for Police Officers and Police Sergeants, effective October 14, 2008.
3. A 5% salary increase for Police Officers and Police Sergeants, effective July 1, 2009.
4. A 5% salary increase for Police Officers and Police Sergeants, effective July 1, 2010.
5. Conversion of Longevity Pay, Educational Incentive Pay, Canine Pay, Detective Pay, Special
Assignment Pay, Motor Officer Pay and Bilingual Pay from percentage amounts to flat dollar
amounts.
6. Provision that the maximum future City contribution for medical insurance, for both active
employees and retirees, shall be $1,800 per month.
7. Amendment to the City's contract with PERS to provide Section 21548, "Pre- Retirement Option
2W Death Benefit."
-2-
COMPREHENSIVE MEMORANDUM
OF
UNDERSTANDING
JULY 19 2008 -- SEPTEMBER 309 2011
THE EL SEGUNDO
POLICE OFFICERS' ASSOCIATION
266104.13 1:1.140 -029
ARTICLE 4
Section 4.01
Section 4.02
Section 4.03
266104.13 H,140 -029
TUITION AND BOOK REIMBURSEMENT PROGRAM
Policy and Eligibility Page 12
Undergraduate Studies Page 12
Post - Graduate Studies Page 12
Page 1 July 1, 2008 - September 30, 2011 MOU
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
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
Salary Schedule Calculation Methodology
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
II
Section
3.03
Longevity Achievement on Merit
Page
11
ARTICLE 4
Section 4.01
Section 4.02
Section 4.03
266104.13 H,140 -029
TUITION AND BOOK REIMBURSEMENT PROGRAM
Policy and Eligibility Page 12
Undergraduate Studies Page 12
Post - Graduate Studies Page 12
Page 1 July 1, 2008 - September 30, 2011 MOU
Section
4.04
Tuition Reimbursement Program
Page
12
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
15
ARTICLE 10
COMPENSATORY TIME
Section
10.01
Maximum Accrual
Page
16
Page 2 July 1, 2008- September 30, 2011 MOU
266104.13 F1.140 -029
Section 10.02
Shooting and Physical Fitness Bank
Page
16
- Maximum Accrual
Section 10.03
Firearms Qualification
Page
16
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
18
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
19
Page 3 July 1, 2008 - September 30, 2011 MOU
266104.13 1- 1.14(1 -029
ARTICLE 21
Section 21.01
266104.13 E1.140 -029
MATERNITY POLICY
Policy
Page 23
Page 4 July 1, 2008 - September 30, 2011 MOU
- On Duty Death
Section
16.02
Optical, Dental, and Life Insurance
Page
20
Section
16.03
Medical Contract
Page
20
Section
16.04
City Medical Contribution
Page
20
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
21
Section
18.03
Optional Contract Provisions
Page
21
Section
18.04
Minimum Service with City of El Segundo to
Page
21
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
22
ARTICLE 20
COMPUTER LOAN PROGRAM
Section
20.01
Initial Loan
Page
22
Section
20.02
Prior & Outstanding Balances
Page
22
Section
20.03
Requirements & Conditions
Page
22
ARTICLE 21
Section 21.01
266104.13 E1.140 -029
MATERNITY POLICY
Policy
Page 23
Page 4 July 1, 2008 - September 30, 2011 MOU
ARTICLE 22 CATASTROPHIC LEAVE PROGRAM
Section 22.01 Definition of a Catastrophic Illness or Injury Page
Section 22.02 Eligible Employees for Donation and Program Page
Usage
Section 22.03 Policy Procedures Page
ARTICLE 23
LAYOFF PROCEDURES
Section
23.01
Grounds for Layoff
Page
Section
23.02
Notice to Employees
Page
Section
23.03
At -Will Employees
Page
Section
23.04
Procedures for Layoff
Page
Section
23.05
Breaking Ties
Page
Section
23.06
Reduction to a Vacant Position
Page
Section
23.07
Displacement Rights
Page
Section
23.08
Salary Placement
Page
Section
23.09
Reemployment List
Page
Section
23.10
Letter of Layoff
Page
Section
23.11
Rights on Reemployment
Page
Section
23.12
Appeal
Page
ARTICLE 24
GRIEVANCE PROCEDURE
Section
24.01
Definition of Terms
Page
Section
24.02
Time Limits
Page
Section
24.03
Procedure
Page
Section
24.04
Matters Excluded from the Grievance
Page
Procedure
Section
24.05
Conferences
Page
Page 5 July 1, 2008- September 30, 2011 MOU
266104.13 EL140 -029
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23
23
24
24
24
24
24
25
25
25
25
25
26
26
26
26
27
27
28
ARTICLE 25
POLICIES
Section
25.01
Occupational Injury and Illness Policy
Page
Section
25.02
Disability Retirement Policy
Page
Section
25.03
Fitness for Duty Policy
Page
Section
25.04
POBR Limited Appeals
Page
Section
25.05
Drug Free Work Place Policy
Page
Section
25.06
Retiree Medical Trust
Page
ARTICLE 26 TERM OF AGREEMENT
Section 26.01 Term
266104.13 E1.140 -029
28
28
28
28
30
30
Page 30
Page 6 July 1, 2008 - September 30, 2011 MOU
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.
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.
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266104 -13 F L 140 -029
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.
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.
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266104.13 ELI 40-029
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.
ARTICLE 2 SALARY
Section 2.01 Salary
A. Police Officers and Sergeants
I . Effective October 14, 2008, the past practice of "compounding" base salaries shall terminate,
whereby base salaries were previously supplemented and increased in amounts determined by
the percent of incentives /special compensation pay.
Effective October 14, 2008, the base salary of each affected employee shall be increased by
5 %.
3. Effective the first payroll period commencing on or after July 1, 2009, the base salary of each
affected employee shall be increased by 5 %.
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266104.13 (:1.140 -029
4. Effective the first payroll period commencing on or after July 1, 2010, the base salary of each
affected employee shall be increased by 5 %.
5. Attached to this Memorandum of Understanding as Exhibit 1, is Schedule 1 and incorporated
herein by reference as though set forth in full, is the actual computation of base salaries as
reflected by the above provisions of this Section 2.01.
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
Effective October 14, 2008 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 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.
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
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266104.13 E.1.140 -029
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 2 is attached hereto as Exhibit 2 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
Effective October 14, 2008, employees shall be compensated for longevity in the following
circumstances, as is set forth in Exhibit 2 (Salary Schedule 2)
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
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
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.
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266104.13 1?1.140 -029
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all unit
members:
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree).
A. The City shall reimburse each affected employee in an amount equal to 100% of tuition and book
expenditures incurred while employed by the City and while a student at any accredited college or
university having its campus in the State of California. However, the tuition reimbursement
described herein, shall not exceed the per -unit tuition cost required by the University of California
or California State University, whichever is higher.
B. "Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes
approved pre - enrollment by the Chief of Police or his/her designee.
Section 4.03 Post - Graduate Studies (Post- Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post - graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
pursuing said studies at the University of California or California State University;
B. The City shall reimburse each affected employee pursuing post - graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies;
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where classes
are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
Section 4.04 Tuition Reimbursement Program — effective August 1, 2003.
A. The City will reimburse each applicable employee for the cost of undergraduate and graduate
education, in an amount not to exceed 100% of the cost of tuition and book/supplies at UCLA or
UCI, whichever is higher. All employees who are enrolled in graduate or undergraduate programs
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.
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266104 13 E1.140 -029
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 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 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 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.
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.
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266104.13 1:1.140 -029
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 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 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
Effective October 14, 2008, the City shall pay motor officers a monthly $511.01 (Police Officer) or
$640.19 (Sergeant.)
Effective October 14, 2008, 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 officers assigned to
motorcycle duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th 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
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266104.13 FL140 -029
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 (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 8.04 Bilingual Pay
The City will be responsible for utilizing a standardized, industry accepted test to determine
applicants' qualification for Bilingual Pay. Effective October 14, 2008, 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.
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
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266104.13 EI-140 -029
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 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 (3 Calendar Months)
Distinguished Expert 8 hours
Expert 6 hours
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266104.13 L1.140 -029
Sharpshooter
Marksman
(Qualifying
ARTICLE 11 HOLIDAY PAY
Section 11.01 Eligible Officers
4 hours
2 hours
0 hours
Personnel who regularly work holidays shall he paid for twelve (12) eight (8) hour days in lieu of
holidays on or about December 10 of each year. Effective January 1, 2006, personnel who regularly
work holidays shall he 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 he
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 separation, after twenty (20) years of service as a sworn law enforcement officer, employees will
he compensated at 90 °l; 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 I (l0 °I: ofhis/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.
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 he 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 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(k.
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.
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206104 13 F1.I40 029
ARTICLE 13 VACATION LEAVE
Section 13.01 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 5h year of
service — 96 hours per year.
B. From commencement ofthe 6th year of service through and including completion of the 106' year
of service — 120 hours per year.
C. From commencement of the 1 lth year of service through and including completion of the 15`h
year of service — 144 hours per year.
D. From commencement of the 16th year of service through and including completion of the 16I'
year of service — 176 hours per year.
E. From commencement of the 17`'' year of service and for all years of service thereafter up to and
including the 25`h 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.
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`'' 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.
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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 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
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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 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 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.
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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. 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.
ARTICLE 18 RETIREMENT BENEFITS
Section 18.01 PERS Retirement Formula
The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
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 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. As soon as practicable, the City shall modify its PERS contract to 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
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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.
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.
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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.
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
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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 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.
Section 23.03 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 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 (' /z) 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.
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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 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.
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Section 23.11 Riehts 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 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 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.
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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 11- If the grievance is not resolved at Level I, the grievant may submit a written grievance
to the second level supervisor within five (5) days following the expiration of time at Level I.
1. Procedure for Filing 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 (I0) 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.
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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 July 22, 2003.
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.
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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
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.
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.
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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.
7. Decision
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 July 1, 2008 and shall end on September 30, 2011 with
regard to all provisions.
Signed by the City: Signed by the Association:
Date
266104.13 F.1.140 -029
C
/3-a�
Date
Page 30 July 1, 2008 - September 30, 2011 MOU
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