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CONTRACT 3271 - PERM Memorandum of Understanding CLOSEDm C"' l � R1111"IMAJOWIMI Pagel of 31 32 71 Page 2 of 31 TABLE OF CONTENTS ARTICLE 1 GENERAL PROVISIONS: Section 1.01 Preamble Page 7 Section 1.02 Management Rights Page 7 Section 1.03 Savings Clause Page 8 Section 1.04 No- strike Clause Page 8 Section 1.05 Association Dues Deduction Page 8 Section 1.06 Association Administrative Time Page 9 Section 1.07 Association Hearing Cost Contribution Page 9 Section 1.08 Maintenance of Existing Benefits Page 9 Section 1.09 Non - Discrimination Page 9 ARTICLE 2 SALARY: Section 2.01 Salary Page 10 Section 2.02 Salary Schedule Calculation Methodology Page 11 Section 2.03 Step Advancement - Accelerated Page 11 Section 2.04 Notice Requirement to Withhold Step Page 12 Increase ARTICLE 3 EDUCATION /CERTIFICATE INCENTIVE: Section 3.01 Educational Compensation - Post 1993 Page 12 Section 3.02 Educational Compensation - Pre 1993 Page 12 Section 3.03 Educational Compensation Page 13 Section 3.04 Certification Requirement for Page 13 Educational Compensation Section 3.05 Longevity Achievement on Merit Page 13 ARTICLE 4 LATERAL ENTRY INCENTIVE PROGRAM: Section 4.01 Lateral Entry Educational Incentive Pay Page 15 ARTICLE 5 TUITION AND BOOK REIMBURSEMENT PROGRAM: Section 5.01 b Policy and Eligibility Page 15 Page 2 of 31 Page 3 of 31 .,,. Section 5.02 Undergraduate Studies Page 15 Section 5.03 Post - Graduate Studies Page 15 Section 5.04 Tuition Reimbursement Program Page 16 ARTICLE 6 PROMOTIONS: Section 6.01 Salary Differential upon Promotion Page 16 Section 6.02 Educational Prerequisites for Promotional Page 16 Positions ARTICLE 7 NO- SMOKING CLAUSE: Section 7.01 Establishment Page 16 ARTICLE 8 OVERTIME COMPENSATION: Section 8.01 Pay for Public Relations Appearances Page 17 Section 8.02 Court On -Call Pay Page 17 Section 8.03 Call -Back Pay Page 17 Section 8.04 Court Call -Back Pay Page 17 ARTICLE 9 DIFFERENTIAL PAY: Section 9.01 Motor Officer, Canine Officer, Detective and ro Special Assignment Pay Page 17 Section 9.02 Billingual Pay Page 18 ARTICLE 10 PHYSICAL FITNESS INCENTIVE PROGRAM: Section 10.01 Purpose Page 18 Section 10.02 Department Policy Page 18 Section 10.03 Program Components Page 18 ARTICLE 11 COMPENSATORY TIME: Section 11.01 Maximum Accrual Page 19 Section 11.02 Shooting and Physical Fitness Bank Page 19 - Maximum Accrual Section 11.03 Firearms Qualification Page 19 ARTICLE 12 HOLIDAY PAY: Section 12.01 Eligible Officers Page 19 Page 3 of 31 ARTICLE 13 SICK LEAVE: 3271 Section 13.01 Payment of Sick Leave Accrual Page 20 After 10 Years Service Section 13.02 Payment of Sick Leave Accrual Page 20 After 20 Years Service Section 13.03 Payment on Disability Retirement Page 20 Section 13.04 Annual Sick Leave Payout Page 20 Section 13.05 Family Emergency Leave Page 20 ARTICLE 14 VACATION LEAVE: Section 14.01 Accrual Schedule For Employees On or After July 1, 1994 Page 20 Section 14.02 Accrual Schedule For Employees Hired Before July 1, 1994 Page 21 - Closed Participation Section 14.03 Vacation Sell Back Page 21 ARTICLE 15 BEREAVEMENT LEAVE: Section 15.01 Maximum Leave Time Page 21 Section 15.02 Immediate Family Members Defined Page 21 ARTICLE 16 JURY DUTY: Section 16.01 Provision Page 21 ARTICLE 17 HEALTH BENEFITS: Section 17.01 Medical Insurance Continuation Page 22 - On Duty Death Section 17.02 Optical, Dental, and Life Insurance Page 22 Section 17.03 Medical Contract Page 22 Section 17.04 City Medical Contribution Page 22 Section 17.05 Body Scan Page 23 ARTICLE 18 t, ➢' IFORM AND SAFE "I "Y E 'UIPM' >NT A.LLOWA CE: Section 18.01 Provision & Annual Allowance Page 23 Section 18.02 Uniform Cleaning Allowance Page 23 Page 4 of 31 u ARTICLE 19 RETIREMENT BENEFITS: Section 19.01 PERS Retirement Formula Page 23 Section 19.02 PERS "Pick -Up" Page 23 Section 19.03 Optional Contract Provisions Page 23 Section 19.04 Minimum Service with City of El Segundo to Page 24 Receive Retirement Benefits Section 19.05 Retiree Health Insurance Contribution Program Page 24 Section 19.06 Police Trainee Retirement Plan Page 24 ARTICLE 20 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT: Section 20.01 Direct Deposit Page 24 Section 20.02 Flexible Spending Account Page 24 ARTICLE 21 COMPUTER LOAN PROGRAM- Section 21.01 Initial Loan Page 24 Section 21.02 Prior & Outstanding Balances Page 24 Section 21.03 Requirements & Conditions Page 25 ARTICLE 22 MATERNITY POLICY: Section 22.01 Policy Page 25 ARTICLE 23 CATASTROPHIC PHIC L EA VE PROGRAM:. Section 23.01 Definition of a Catastrophic Illness or Injury Page 25 Section 23.02 Eligible Employees for Donation and Program Page 25 Usage Section 23.03 Policy Procedures Page 26 ARTICLE 24 LAYOFF PROCEDURES: Section 24.01 Grounds for Layoff Page 26 Section 24.02 Notice to Employees Page 26 Section 24.03 At -Will Employees Page 26 Section 24.04 Procedures for Layoff Page 26 Section 24.05 Breaking Ties Page 26 Page 5 of 31 Section 24.06 Reduction to a Vacant Position Page 27 Section 24.07 Displacement Rights Page 27 Section 24.08 Salary Placement Page 27 Section 24.09 Reemployment List Page 27 Section 24.10 Letter of Layoff Page 27 Section 24.11 Rights on Reemployment Page 28 Section 24.12 Appeal Page 28 ARTICLE 25 GRIEVANCE PROCEDURE: Section 25.01 Definition of Terms Page 28 Section 25.02 Time Limits Page 28 Section 25.03 Procedure Page 28 Section 25.04 Matters Excluded from the Grievance Page 29 Procedure Section 25.05 Conferences Page 30 ARTICLE 26 POLICIES Section 26.01 Occupational Injury and Illness Policy Page 30 Section 26.02 Disability Retirement Policy Page 30 Section 26.03 Fitness for Duty Policy Page 30 ARTICLE 27 TERM OF AGREEMENT: Section 27.01 Term Page 30 Page 6 of 31 . 1 ®i 1 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. Page 7 of 31 . , B. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this Memorandum of Understanding is intended to circumscribe or modify the existing right of the City to direct the work of its employees; hire, promote, demote, transfer, assign, and retain employees in positions within the City, subject to the rules and regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties because of lack of work; take action as may be necessary to carry out the City's mission and services in emergencies; and to determine the methods, means, and personnel by which the operations are to be carried out. Section 1.03 Savings Clause If any provision or the application of any provision of this Memorandum of Understanding shall be rendered or declared invalid by any final court action or decree, or by reason of any preemptive legislation, the remaining sections of this memorandum shall remain in full force and effect for the duration of said memorandum. Section 1.04 No- Strike Clause A. The El Segundo Police Officers' Association agrees that during the term of this Memorandum of Understanding their members employed by the City of El Segundo will not strike or engage in any work stoppage or slowdown, engage in any concerted failure to report for duty, or fail to perform their duties in whole or in part for the purpose of inducing, influencing, or coercing a change in the conditions, or compensation, or the rights, privileges, or obligations of employment. B. The Association also agrees that their members employed by the City of El Segundo will not refuse to cross a picket line in performance of their normal and customary duties, nor will the aforementioned employee organization attempt to influence, either directly or indirectly, other employees to honor an existing picket line in the performance of their normal and customary duties as employees. C. It is understood that any employee violating this provision maybe subject to discipline up to and including termination by the City. D. It is understood that in the event this provision is violated the City may be entitled to withdraw any rights, privileges or services provided for in this Agreement or in City policy from any employee and/or the Association. Section 1.05 Association Dues Deduction The City agrees to: A. Provide official dues deductions for all employees who subscribe to Association membership; B. Provide official payroll deductions for City- approved Association insurance and welfare plans, not to exceed five programs; C. Provide the Association with a list of newly -hired employees in the representation unit monthly. Page 8 of 31 "" Section 1.06 Association Administrative Time Effective August 1, 2003, Association is granted a total of f240) hours (as a group) per year of paid Association Administrative Leave (AAL) for the conduct of Association's business and for its members to participate in activities that further the interests or prestige of the Association. These activities shall include, but shall not be limited to, attending the Peace Officers' Research Association of California conference, attending other conference or seminars, instructional classes or participating on various local or statewide committees or boards. AAL must be authorized by the Association President and approved by the Police Chief. Effective August 1, 2004, the foregoing allowance for AAL will be increased to 300 hours (as a group) per year. Section 1.07 Association Hearing Cost Contribution Commencing on July 1, 1999, the Association will pay for one -half of the costs incurred in connection with Los Angeles County Civil Service Commission hearings to a maximum of $3,000 per year. Section 1.08 Maintenance of Existing Benefits A. This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties. It is understood that all items relating to employee wages, hours and other terms and conditions of employment not covered in this Memorandum of Understanding are covered by existing ordinances, resolutions, policies, and practices of the City, as well as the Personnel Rules and Regulations presently in effect. Therefore, for the life of this agreement, neither party shall be compelled to meet and confer with the other concerning any mandatory meet and confer issues whether specifically discussed prior to the execution of this agreement or which may have been omitted in the discussions which led up to the execution of this agreement, except as provided in this agreement or by mutual agreement of parties. B. Nothing herein prevents the City and Association from meeting and consulting on the City's Personnel Rules and Regulations which are within the scope of representation. However, the mutual agreement of both the City and Association are required to effect any change. Section 1.09 Non - Discrimination A. The Association and the City recognize and agree to protect the rights of all employees to join and/or participate in protected Association activities or to refrain from j oining 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. Page 9 of 31 3271 ARTICLE 2 SALARY: Section 2.01 Salary A. oG'ice (')ff"rccr s n(i Sg&gdllLs 1. Salary tables for Police Officers and Police Sergeants, effective July 1, 2003, are depicted on Attachment A of the Memorandum of Understanding. 2. Effective July 15, 2006, the salary schedule will be increased by 2.12 %* 3. Effective July 15, 2007, the salary schedule will be increased by 4.45 %* * - subject to Article 17, Section 17.04, these salary increases may be decreased to offset the cost of the medical insurance premiums. (See Article 17, Section 17.04) B. Continency Increases Subject to the provisions of Article 17, Section 17.04 below, the salary schedule may increase by as much as 10% (in the aggregate) over the last 4 years of the contract. Such increases are contingent upon new business license revenues and new net sales tax revenues (collectively "New Revenues "). New Revenues are defined as business license revenues and sales tax revenues generated from businesses entering and doing business in the City for the first time after September 30, 2003 and does not include: a. Businesses doing business in the City as of September 30, 2003 that expand or transfer locations within the City or consolidate their business from locations outside the City to within the City; b. New businesses that are formed after September 30, 2003 but are'controlled or owned (majority interest) by businesses located in the City as of September 30, 2003; or c. Mergers and acquisitions that in anyway involve businesses that were located in the City as of September 30, 2003 even if the resulting entity is an entity that was not located in the City as of September 30, 2003. Additionally, financial incentives of any type whatsoever to any business generating New Revenues and payments the City is required to make to any entity based upon the providing of such incentives shall be deducted from the New Revenues for purposes of determining the amount of revenues eligible for the contingent payments contemplated hereunder. New sales tax revenue will be determined by confirming with the City's sales tax consultant a list of new sales tax producers generated after September 30, 2003 and evaluated at the end of each fiscal year. For purposes of this Agreement "new sales tax producers" shall mean the same thing as new businesses, as described above. Any new sales tax counted toward the 10% contingency will be net of any revenue or offsetting costs that may be required by, or as a part of, a development or other tax sharing agreement. The Association agrees that it will not interfere with or otherwise impede the City's ability to enter into a tax sharing/reduction agreement or similar arrangement with new businesses. The revenue contained in the contingency pool is cumulative and any eligible revenue generated beginning in year one of this Agreement will be designated to the contingency pool over the term of the contract. Page 10 of 31 Employees are eligible to receive salary increases beginning in the second year of this Agreement. The unit will receive a 1% salary increase for each $120,000 in increased new revenue (as described above); provided however, that pursuant to Article 17, Section 17.04, the first .83% of contingency money will be used to offset the cost of anticipated medical insurance premium increases. (For example, if the new revenue by the second year is $240,000, the unit will receive a 1.17% salary increase; if the new revenue by the second year is $60,000, the unit will receive no salary increase and third year revenues will have to be more than $39,600 (.33 %) in order to generate a salary increase for the unit.) Increases will be pro- rated, as necessary. The determination regarding funding for these increases will be made following the receipt of revenue figures for the applicable fiscal year. 4. The maximum salary increase that can be generated by this contingency formula is capped at 4.0% each year beginning with the October 2004 payment date. There will be no cap for the year ending October 2008, provided however, that the cumulative maximum contingency payment for the time period October 1, 2004 through October 1, 2008 may not exceed 10 %. Although contingency increases, if any, will be effective on the first day of the first pay period in October of each year (beginning October 2004 and ending October 2008), the actual payment may be delayed due to the need to determine available funding (see above) and the processing of the appropriate payroll documents. A. Police Officer Trainee (non -sworn) 1. A Police Officer Trainee classification shall be established to be compensated at 80 percent of the Police Officer "A" Step. 2. A Police Service Officer who is appointed to the position of Police Officer Trainee shall continue to receive his/her former rate of pay as a fixed amount as long as it exceeds the salary to which he /she would otherwise be entitled based on job performance and length of service as a Police Officer Trainee. The affected employee's salary shall change to the appropriate salary range for his/her classification upon that salary being more than the aforementioned frozen ( "Y- rated ") salary. Section 2.02 Salary Schedule Calculation Methodology The phrase "total pay" as used herein is the sum of gross regular pay and deferred pay as shown in the Police Safety Series of the El Segundo Administrative Code, except that effective July 7, 1984, total pay shall be calculated in dollars and cents rounded off to two (2) decimal places to the right of the decimal point, and adjusted to reflect the intent to maintain the specific and proportional percent differences between salary ranges and salary steps previously approved by the City. Section 2.03 Step Advancement - Accelerated The Police Chief may recommend to the Personnel Director for approval by the City Manager that an employee receive an accelerated advancement of part or all of the next salary step increase in the Basic Salary Range (A — E Steps) based on exemplary job performance. The accelerated salary advancement shall not change the affected employee's anniversary date. Page 11 of 31 Section 2.04 Notice Requirement to Withhold Step Increase The City shall have the option during or after the term of this agreement to provide employees written notice of the intent to withhold a salary step increase and the reasons for same no later than the end of the pay period which begins after the employee's anniversary date. ARTICLE 3 EDUCATION /CERTIFICATE INCENTIVE: Section 3.01 Education Compensation - POST 7 -1 -93 Non Lateral Entr r 1,evel Sworn Hirces: A. Presently, non - lateral entry level sworn hirees commence employment at "A" Step of the police officer salary range. Such hirees qualifying for and possessing an Associates degree at the time of hire will be initially employed at `B" Step; such hirees qualifying for and possessing a Bachelors degree at the time of hire will be initially employed at the "C" Step; such hirees qualifying for and possessing a Masters degree at the time of hire, will be initially employed at the "D" Step; B. Said hirees will be eligible to receive education compensation upon successful completion of actual service as follows: 1. Qualification for and possession of Associates degree - 5% of base salary per month after completion of two (2) years of actual service; 2. Qualification for and possession of Bachelors degree - 12% of base salary per month after completion of three (3) years of actual service; 3. Qualification for and possession of Masters degree - 18% of base salary per month after completion of four (4) years of actual service. C. No Post 7 -1 -93 hirees will be eligible for any compensation related to the holding of any POST certificates or other non - degree certificates or licenses. D. This provision will expire on July 31, 2004. Section 3.02 Education Compensation - PRE, 7 -1 -93 Sworn Police Officer Employees Continuation of Present Program with Exception of 3 and (4)): A. As regards sworn peace officers employed by the City on or before July 1, 1993, the following POST certificate compensation shall be applicable: 1. Affected employees who have qualified for and possess an Intermediate POST certificate, shall receive 5% of base salary per month as and for a POST certificate compensation award. 2. Affected employees who have qualified for and possess an Advanced POST certificate, shall receive a total of 10% of base salary per month as and for a POST certificate compensation award. 3. Effective July 5, 1997, affected employees who have qualified for and possess a Bachelor's degree shall receive an additional 2% of base salary per month for a total compensation of 12% per month. 4. Affected employees who have qualified for and possess a Master's Degree shall receive 15% of base salary per month. Effective July 5, 1997, affected employees who have qualified for and possess a Masters degree shall receive an additional 3% of base salary per month for a total additional compensation of 18% per month. Page 12 of 31 327 1 v B. Except as described in Article 3, Section 3.02.A.3 & 3.02.A.4] no pre 7 -1 -93 hirees will be eligible for any compensation related to the qualification and possession of "degrees." C. This provision will expire on July 31, 2004. Section 3.03 Educational Compensation A. Effective August 1, 2004, employees will be eligible for education compensation as follows: 1. Qualification for and possession of 60 units or AA degree or Intermediate POST Certificate — 5% of base salary per month after completion of two (2) years of sworn law enforcement service. 2. Qualification for and possession of 60 units or AA degree and Intermediate POST Certificate — 7.5% of based salary per month after completion of two (2) years of sworn law enforcement service. Qualification for and possession of Advanced POST Certificate — 12% of base salary per month after completion of three (3) years of sworn law enforcement service. 4. Qualification for and possession of Bachelors degree — 15% of base salary per month after completion of three (3) years of sworn law enforcement service. 5. Qualification for and possession of Master's Degree — 20% of base salary per month after completion of four (4) years of sworn law enforcement service. Section 3.04 Certification Requirement for Educational Compensation Employees who participate in the Educational Reimbursement Program will be required to sign the following agreement: Educational Reimbursements — "I certify that I successfully completed the course(s), receiving at least a grade of "C" or better" or a grade of "pass ", if the course was offered on a pass /fail basis. (Attach a copy of grade verification) "Further, I agree to refund the City or have deducted from my final paycheck any educational reimbursement funds received under this program if I should leave the City's employ, voluntarily or through termination, with cause, within one year after completion of the course work for which I am to receive reimbursement, in accordance with the following schedule." Section 3.05 Longevity Achievement on Merit Page 13 of 31 �� 4 �i ✓' 1. Effective August 1, 2003, employees shall be compensated for longevity as follows: A. Upon completion of five years of paid, full -time sworn law enforcement service an additional seven and one -half percent (7.5 %) B. Upon completion of ten years of paid, full -time sworn law enforcement service an additional nine percent (9 %). C. Upon completion of fifteen years of paid, full -time sworn law enforcement service an additional twelve and one -half percent (12.5 %). D. Upon completion of twenty years of paid, full -time sworn law enforcement service an additional fifteen percent (15 %). E. Upon completion of twenty-six years of paid, full -time sworn law enforcement service an additional twenty-five percent (25 %) 2. Effective August 1, 2005, employees shall be compensated for longevity as follows: A. Upon completion of five years of paid, full -time sworn law enforcement service an additional ten percent (10 %). B. Upon completion of ten years of paid, full -time sworn law enforcement service an additional twelve and one -half percent (12.5 %). C. Upon completion of fifteen years of paid, full -time sworn law enforcement service an additional fifteen percent (15 %). D. Upon completion of twenty years of paid, full -time sworn law enforcement service an additional seventeen and one -half percent (17.5 %). E. Upon completion of twenty-six years of paid, full -time sworn law enforcement service an additional twenty-seven and one -half percent (27.5 %). 3. Effective July 15, 2006, employees shall be compensated for longevity as follows: A. Upon completion of five years of paid, full -time sworn law enforcement service an additional twelve and one -half percent (12.5 %). B. Upon completion of ten years of paid, full -time sworn law enforcement service an additional fifteen percent (15 %). C. Upon completion of fifteen years of paid, full -time sworn law enforcement service an additional seventeen and one -half percent (17.5 %). D. Upon completion of twenty years of paid, full -time sworn law enforcement service an additional twenty percent (20 %) E. Upon completion of twenty-six years of paid, full -time sworn law enforcement service an additional thirty percent (30 %). 4. After qualifying for longevity pay, an employee shall cease to receive such pay during any time period that: the employee does not meet the requirements for longevity; the employee is suspended without pay; or the employee's most recent annual performance evaluation is rated Page 14 of 31 JJ 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. ARTICLE 4 LATERAL ENTRY INCENTIVE PROGRAM: Section 4.01 Lateral Entry Educational Incentive Pay Police Officers who enter the service of the El Segundo Police Department under the Lateral Entry Program will be eligible to receive educational incentive pay as follows: A. Qualification for and possession of an Associate's Degree - 5% of base salary with a minimum of two years of sworn law enforcement experience. B. Qualification for and possession of a Bachelor's Degree - 12% of base salary with a minimum of three years of sworn law enforcement experience. C. Qualification for and possession of a Master's Degree - 18% of base salary with a minimum of four years of sworn law enforcement experience. D. Effective July 31, 2004, this section will expire, and all lateral hires will be eligible for education incentive pay pursuant to Section 3.03. ARTICLE 5 TUITION AND BOOK REIMBURSEMENT PROGRAM: Section 5.01 Policy and Eligibility The following college -level tuition and book reimbursement program shall be applicable to all unit members: Section 5.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree). A. The City shall reimburse each affected employee in an amount equal to 100% of tuition 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 5.03 Post - Graduate Studies (Post- Graduate studies are defined as those undertaken in pursuit of a degree beyond a Bachelor's). A. The City shall reimburse each affected employee pursuing post - graduate studies in an amount equal to 100% of tuition and book expenditures incurred while employed by the City and while pursuing said studies at the University of California or California State University; Page 15 of 31 °mm 1 ' , B. The City shall reimburse each affected employee pursuing post - graduate studies at other accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures incurred while employed by the City and while pursuing said studies; C. Tuition and book reimbursement shall be provided only for those classes in which a certified university transcript evidences the employee attaining a grade of "C" or better (or where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre - enrollment by the Chief of Police or his/her designee. Section 5.04 Tuition Reimbursement Program— effective August 1, 2003. A. The City will reimburse each applicable employee for the cost of undergraduate and graduate education, in an amount not to exceed 100% of the cost of tuition and book/supplies at UCLA or UCI, whichever is higher. All employees who are enrolled in graduate or undergraduate programs as of August 1, 2003, shall be permitted to complete their respective graduate or undergraduate degrees under the terms of the former Tuition Reimbursement program (See Sections 5.02 and 5.03 above). B. Tuition and book reimbursement shall be provided only for those classes in which a certified university transcript from an accredited institution having its campus in the State of California, evidences the employee attaining a grade of "C" or better (or where classes are taken "pass /fail," evidence must be provided of a "pass" grade) in classes approved pre - enrollment by the Chief of Police or his/her designee. ARTICLE 6 PROMOTIONS: Section 6.01 Salary Differential upon Promotion The City shall have the option to compensate supervisors newly appointed to their positions after July 1, 1986 at a base rate as long as it is higher than the base rate of their subordinates (no minimum 5% pay differential), exclusive of longevity pay, educational incentive pay, and special assignment pay. Section 6.02 Educational Prerequisites for Promotional Positions A. Any applicant seeking to participate in any segment of a Sergeant's examination where said segment is administered on or after January 1, 2000, must possess an Associate's Degree or higher degree or possess a transcript documenting sixty or more semester units, or an equivalent amount of quarter or term units, earned towards a Bachelor's Degree from a university or college accredited by POST standards. B. An applicant seeking to participate in any segment of an examination for the positions of Sergeant, Lieutenant or Captain, where said segment(s) is administered on or after January 1, 2005, must be qualified for and possess a Bachelor's degree at the time of participating in any such segment(s) of the examination. ARTICLE 7 NO- SMOKING CLAUSE: Section 7.01 Establishment All personnel employed on or after July 1, 1988, shall, as a condition of initial and continued employment, refrain from smoking and/or using tobacco products at any time on or off duty. Page 16 of 31 .m ARTICLE 8 OVERTIME COMPENSA'T'ION:. Section 8.01 Pay for Public Relations Appearances Police Officers and Police Sergeants who are required by the Chief of Police to make presentations to community groups on an overtime basis shall be compensated at one and one -half times their regular rate of pay. Section 8.02 Court On -Call Pay A. Except as set forth below, off -duty personnel who are placed in on -call status for court during either the morning or the afternoon session will receive three hours of paid overtime at a rate of time and one -half his/her regular rate of pay as defined in this MOU for each session the officer is in an on -call status. Off duty personnel who are placed in on -call status for court during both the morning and the afternoon sessions will receive six hours of paid overtime at a rate of time and one -half his/her regular rate of pay. Officers will not receive on call pay if they are: 1. Called into court that session (in which case the employee will receive call -back pay): 2. Ordered to report to work; 3. Already receiving pay from the City for any other reason (e.g., IOD, administrative leave). B. Officers shall not have the option of reporting to work in lieu of being in an on -call status. C. Officers who are in an on -duty status are not eligible for court on -call pay, Section 8.03 Call -Back Pay A minimum of 2 hours of work time at one and one -half the employee's regular rate of pay shall be credited for all call backs. Effective August 1, 2004, a minimum of 4 hours of work time at one and one -half the employee's regular rate of pay shall be credited for all call backs. Section 8.04 Court Call -Back Pay A. An officer called into court while off duty shall be paid overtime for all time served plus travel time (per Department General Order) or three hours (at time and one - half), whichever is greater. "Off - duty" for the purposes of this section means the officer is not on duty, on paid administrative leave, on paid IOD leave, or being paid for any other reason. B. The City will pay $2.00 per meal for police officers required to be in attendance at court during meal periods. ARTICLE 9 DIFFERENTIAL PAY: Section 9.01 Motor Officer, Canine Officer, Detective and Special Assignment Pay The City shall provide differential pay as follows: Effective July 1, 2000, The City will pay Motor Officers a differential pay equal to 6% above gross regular pay Step E of the employee's classification without incentives; and the City will pay detectives, canine officers and employees designated by the Chief of Police as having special assignments a differential pay equal to 4.5% above gross regular pay Step E of the employee's classification without incentives. Page 17 of 31 mW Effective August 1, 2004, the City will pay Motor Officers a differential pay equal to 9% above gross regular pay Step E of the employee's classification without incentives; and the City will pay detectives, canine officers and employees designated by the Chief of Police as having special assignments, a differential pay equal to 7.5% above gross regular pay Step E of the employee's classification without incentives. Section 9.02 Bilingual Pay Effective August 1, 2005, an employee who demonstrates conversational fluency in Spanish (or any other language designated by the Police Chief), and is assigned to duties in which language skills are regularly used, shall be entitled to premium compensation of 2.5% above his or her base pay. Effective July 15, 2007, bilingual pay will be increased to 5% above the employee's base pay. The City will be responsible for utilizing a standardized, industry accepted test to determine applicants' qualification for Bilingual Pay. ARTICLE 10 PHYSICAL FITNESS INCENTIVE PROGRAM: Section 10.01 Purpose It is the purpose of the El Segundo Police Department Physical Fitness Program to improve the level of physical fitness and health among sworn police personnel so that their field performance will be enhanced and also to improve their overall degree of wellness as an enrichment to their personal lives as well as a productivity benefit to the City. Section 10.02 Department Policy It will be the policy of the Police Department to work with officers individually and assist those that need to improve their lifestyle habits in order that fitness levels can be improved. There is no "failure" in participation, only the identification of needs and the recognition of strengths. 1. Section 10.03 Program Components The Physical Fitness Program will consist of two basic components; they are a fitness examination and a fitness assessment. A. Fitness Examination: The examination will be comprehensive and will include the cardio - vascular system, the pulmonary function, a complete blood work -up, body composition analysis, and the lower digestive tract as well as a strength assessment. It will also include a complete medical history review with a physician and a subsequent review of the findings as well as an exercise /nutritional prescription. B. Fitness Assessment: 1. The fitness assessment is the voluntary component of the program and will be administered by a department fitness coordinator and fitness committee. 2. The assessment will be a test to measure components of physical fitness which are: a. Cardio - vascular b. Strength c. Body composition Page 18 of 31 Date: Page 31 of 31 3271 Date kd� ( b