CC RESOLUTION 5022 RESOLUTION NO. 5022
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OIL E�[, SEGUNDO,
CALIFORNIA AND THE EL SEGUNDO POLICE OFFICERS'
ASSOCIATION BARGAINING UNIT.
The City Council of the City of El Segundo does resolve as follows:
section 1: Discussions which have taken place in the meet and confer process have
resulted in a mutually agreeable Memorandum of Understanding between the City of El
Segundo and this Bargaining Unit.
Section 2: Staff is authorized to implement all terms and conditions of the Memorandum
of Understanding (entitled "agreement") between the City of El Segundo and this Bargaining
Unit on February 21, 2017. A copy of that agreement is attached as Exhibit "A" and is
incorporated by reference.
Sectim : The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of this
adoption of the Resolution in the City Council's records and the minutes of this meeting.
Section : This Resolution will become effective immediately upon adoption and will
remain effective unless repealed or superseded.
Resolution No. 5022 was PASSED, APPROVED, AND ADOPTED this 21St day of February,
2017.
Stare Fuentes
'"T EST: Mayor
"AVD-
Fricy Wear r
City Clerk
APPROVED AS TO FORM:
-Yiz)
Mark D. Hensley
City Attorney
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5022 was duly passed and adopted by said City Council, approved and signed
by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held
on the 21St day of February, 2017, and the same was so passed and adopted by the following
vote:
AYES: Mayor Pro Tem Boyles, Council Member Brann, Council Member
Pirsztuk
NOES: Mayor Fuentes, Council Member Dugan
ABSENT: None
ABSTAIN: None
NOT PARTICIPATING: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 21St day of February,
20IT
q, i-ac y Weaver, C �'tyt;°I
erk
of the City o f El''Se uji o,
California
(SEAL)
EXHIBIT A
OF
VNDERSTANDING
October 1 , 2014 — September ,
TABLE OF CONTENTS
Pagel October 1, 2014-September 30, 2018 MOU
266104.13 EL140-029
ARTICLE 1 GENERAL PROVISIONS,
Section 1.01 Preamble Page 8
Section 1.02 Management Rights Page 8
Section 1.03 Savings Clause Page 9
Section 1.04 No-strike Clause Page 9
Section 1.05 Association Dues Deduction Page 9
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 10
Section 1.09 Non-Discrimination Page 10
ARTICLE m2 SALARY
Section 2.01 Salary Page 10
Section 2.02 Regular Rate of Pay Page 10
Section 2.03 Step Advancement-Accelerated Page 11
Section 2.04 Notice Requirement to Withhold Step Page 11
Increase
ARTICLE 3 1NCEi'VTI1r"I'�
Section 3.01 Educational Compensation Page 11
Section 3.02 Certification Requirement for Educational Page 12
Compensation
Section 3.03 Longevity Achievement on Merit Page 12
ARTICLE 4 `I111TION AND 1300K 11I+sIG�1I31.J'IfiSla.f►�IIIM;I�l' 1'I1IIf�'RAM
Section 4.01 Policy and Eligibility Page 13
Section 4.02 Undergraduate Studies Page 13
Section 4.03 Post-Graduate Studies Page 13
Section 4.04 Tuition Reimbursement Program Page 13
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26610413 EL 140-029
ARTICLE 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion Page 14
Section 5.02 Educational Prerequisites for Promotional Page 14
Positions
ARTICLE NO -SMOKINC 'LAIGSE
Section 6.01 Establishment Page 14
ARTICLE_7 (;IYE RTJ M F.COM 11 E N SAT I ON
Section 7.01 Pay for Public Relations Appearances Page 14
Section 7.02 Court On-Call Pay Page 14
Section 7.03 Call-Back Pay Page 15
Section 7.04 Court Call-Back Pay Page 15
ARTICLE,8 DIFFERENTIAL PAY
Section 8.01 Motor Officer,Canine Officer,Detective and Page 15
Special Assignment Pay
Section 8.02 Motorcycle Maintenance Page 15
Section 8.03 Canine Unit Page 15
Section 8.04 Bilingual Pay Page 16
ARTICLE 9 PROGRAM
Section 9.01 Purpose Page 16
Section 9.02 Department Policy Page 16
Section 9.03 Program Components Page 16
ARTICLE 10 COMPENSATORY TIME
Section 10.01 Maximum Accrual Page 17
Section 10.02 Shooting and Physical Fitness Bank Page 17
-Maximum Accrual
Section 10.03 Firearms Qualification Page 17
Page 3 October 1, 2014-September 30, 2018 MOU
26610413 EL140-029
ARTICLE 11 HOLIDAY PAY
Section 11.01 Eligible Officers Page 18
ARTICLE 12 SICK LEAVE
Section 12.01 Payment of Sick Leave Accrual Page 18
After 10 Years Service
Section 12.02 Payment of Sick Leave Accrual Page 18
After 20 Years Service
Section 12.03 Payment on Disability Retirement Page 18
Section 12.04 Annual Sick Leave Payout Page 18
Section 12.05 Family Emergency Leave Page 19
ARTICLE, 13 VACATION LEAVE
Section 13.01 Accrual Schedule For Employees Page 19
On or After July 1, 1994
Section 13.02 Accrual Schedule For Employees Page 19
Hired Before July 1, 1994
- Closed Participation
Section 13.03 Vacation Sell Back Page 20
ARTICLF 14 BEREAVEMENT LEAVE
Section 14.01 Maximum Leave Time Page 20
Section 14.02 Immediate Family Members Defined Page 20
ARTICLE 15 JURY DUTY
.—.............
Section 15.01 Provision Page 20
ARTICL'E"16 HEALTH BENEFITS
Section 16.01 Medical Insurance Continuation Page 21
-On Duty Death
Section 16.02 Optical,Dental,and Life Insurance Page 21
Section 16.03 Medical Contract Page 22
Section 16.04 City Medical Contribution Page 22
Page 4 October 1, 2014-September 30, 2018 MOU
266104,13 EL140-029
Section 16.05 Body or Heart Scan Page 22
Section 16.06 Maximum Funding of Active/Retiree Ins.Prem. Page 22
ARTICLE 17 tNIFORNII AND SAP' "1..T"., (1111MENT
Section 17.01 Provision Page 22
ARTICLE 18 CELL P]IONE STIPEND
Section 18.01 Cell Phone Stipend Page 22
ARTICLE 19 RETIREMENT BENEFITS
Section 19.01 PERS Retirement Formula Page 22
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 23
Receive Retirement Benefits
Section 19.05 Retiree Health Insurance Contribution Program Page 23
ARTICLE 20 DIRE4.7,D11"'POSITand FLEXIBLE SPENDINC ACCOUNT
Section 20.01 Direct Deposit Page 23
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 24
ARTICLE 22 MATERNITY POLIC"Y
Section 22.01 Policy Page 24
ARTICL V,23 CA"J'ASTROPHICLEAVE 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
Page 5 October 1, 2014-September 30, 2018 MOU
266104.13 ELI 40-029
Section 23.03 Policy Procedures Page 25
ARTICLE 24 LAYOFF„PROCEDURES,
Section 24.01 Grounds for Layoff Page 25
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
Section 24.06 Reduction to a Vacant Position Page 26
Section 24.07 Displacement Rights Page 26
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 27
Section 24.12 Appeal Page 27
ARTICLE 25 GRIEVANCE PROCEDURE
Section 25.01 Definition of Terms Page 27
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 29
ARTICLE 26 POLICIES
Section 26.01 Occupational Injury and Illness Policy Page 29
Section 26.02 Disability Retirement Policy Page 29
Section 26.03 Fitness for Duty Policy Page 29
Section 26.04 POBR Limited Appeals Page 29
Section 26.05 Drug Free Work Place Policy Page 31
Page 6 October 1, 2014-September 30, 2018 MOU
266104.13 HL 140-029
ARTICLE.".12.17 TE. RM.0FIAGREEMENT
Section 27.01 Term Page 31
28 LIMITED-USE TIME OFF
...........
Section 28.01 Limited-Use Time Off Page 32
ARTICLE 29 W0 1w_g,'Lq;
Section 29.01 Work Schedule—Prior to January 2012 Bid Page 32
Section 29.02 Alternate Work Schedule—Post January 2012 Bid
Page 32
Page7 October 1, 2014-Septernber30, 2018MOU
266104.13 EL140-029
MEMORANDUM OF UNDERSTANDING
between the
EL SEGUNDO POLICE OFFICERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO,CALIFORNIA
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ARTICLE 1„ GENERAL PROVISIONS.
Section 1.01 Preamble
T his 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 February 21,2017 by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this Memorandum of Understanding,the
City hereby retains and reserves unto itself all rights, powers, authority, duty, and
responsibilities confirmed on and vested in it by the laws and the Constitution of the State of
California and/or United States of America.
B_ The management and the direction of the work force of the City is vested exclusively in the
City,and nothing in this Memorandum of Understanding is intended to circumscribe or modify
the existing right of the City to direct the work of its employees;hire,promote,demote,transfer,
assign,and retain employees in positions within the City,subject to the rules and regulations of
the City; suspend or discharge employees for proper cause; maintain the efficiency of
governmental operations; relieve employees from duties because of lack of work; take action
as may be necessary to carry out the City's mission and services in emergencies; and to
determine the methods,means,and personnel by which the operations are to be carried out.
Page 8 October 1, 2014-September 30, 2018 MOU
266104.13 EL140-029
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 may be subject to discipline up to
and including termination by the City.
D. it is understood that in the event this provision is violated the City may be entitled to withdraw
any rights, privileges or services provided for in this Agreement or in City policy from any
employee and/or the Association.
Section 1.05 Association Dues Deduction
The City agrees to:
A. Provide official dues deductions for all employees who subscribe to Association membership;
B. Provide official payroll deductions for City-approved Association insurance and welfare plans,
not to exceed five programs;
C. Provide the Association with a list of newly-hired employees in the representation unit monthly.
Section 1.06 Association Administrative Time
Association is granted a total of three hundred hours (as a group) per calendar year of paid
Association Administrative Leave (AAL) for the conduct of Association's business and for its
members to participate in activities that further the interests or prestige of the Association. These
activities shall include,but shall not be limited to attending the Peace Officers'Research Association
of California conference, attending other conference or seminars, instructional classes or
participating on various local or statewide committees or boards. AAL must be authorized by the
Association President and approved by the Police Chief,
Section 1.07 Association Hearing Cost Contribution
The Association will pay for one-half of the costs incurred in connection with Los Angeles County
Civil Service Commission hearings to a maximum of$3,000 per year.
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266104.13 E1,140-029
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.
ARTI „ LE 2 SALARY
C_m
Section 2.01 Salary
The base salary schedule of unit classifications shall be as follows effective March 4, 2017 (also
incorporated as Exhibit 1):
Step J 1R:t:t�'�tmr.t, W�ablly 'Vel 4,11111 B wc 'vilhir,:_ :
Step A $6298.02 $7890.12
Step B $6612.93 $8284.63
Step C $6943.58 $8698.86
Step D $7290.76 $9133.79
Step I $7655.28 $9590.49
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.
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266104.13(31,140-029
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.
The parties acknowledge that there is a pending dispute between the parties as any City obligation
to include the value of the employer paid member contribution to PERS when calculating the regular
rate of pay. Without waiving any right, claim or defenses by the parties, it is understood that
commencing March 4,2017,the City shall not pay the employee's nine percent(9%)PERS member
contribution and consequently the employer paid member contribution of nine percent(9%) does
not apply to this bargaining un it and is not to be calculated as part of the regular rate of pay nor shall
it be applied to any leave payouts.
FLEA Work Period—The FLSA Work Period shall be defined as eighty(80) hours in a fourteen
(14)day period.
Paid Leave Exclusions—In determining an employee's eligibility for overtime compensation in a
work period, sick leave shall be excluded from the total hours worked except in instances of
Reimbursable Overtime or Forced Hire Overtime. Forced Hire Overtime is defined to mean when
an employee is forced by the Police Department to work or where the employee is subpoenaed or
ordered to testify in Court.
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(lie pay period which begins after the employee's anniversary date.
ARTICLE„3 EDUCATION/CERTIFICATE INCENTIVE
Section 3.01 Educational Compensation
Members of this bargaining unit hired before February 21,2017shall be frozen at their current
level of education compensation/POST Certificate compensation unless a Bachelor's degree is
obtained at any time or AA or is conferred/completed by February 21,2022 or a Master's Degree
in conferTed/completed by September 30,2018. Therefore,employees hired on or before February
21,2017 are entitled to continued incentive compensation for their pre-existing possession of the
requisite college units/AA Degree/POST certificate/sworn law enforcement services as to POST
pay as set forth in Section 3.0 1,subsections 1-3. Such employees hired on or before February 21,
2017 are also eligible for education incentive upon conferral of a Bachelor's Degree or Master's
Degree as referenced above and more fully described in Section 3.01,subsections 4-5 The
Master's Degree incentive will be held in abeyance until the required years of service are met(if
not met prior to September 30,2018). Once obtained,the Bachelor's or Master's Degree pay
(whichever is applicable)shall be frozen unless promoted to Sergeant.
The only education incentive available to members of this bargaining unit hired after February 21,
2017 shall be the Bachelor's education incentive pay and once obtained,the Bachelor's degree pay
shall be frozen,unless promoted to Sergeant.
Page l l October 1, 2014-September 30, 2018 MOU
266104.13 EL140-029
Subject to the foregoing,employees shall be eligible for education incentive compensation as
follows:
I. 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 Exhibit 1 in the salary step to which the employee is
entitled.
1 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 Exhibit 1 in the salary step to which the
employee is entitled.
3, Qualification for and possession of Advanced POST Certificate and completion of
three (3)years of sworn law enforcement service shall entitle employee to the dollar
amount in Exhibit I 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 Exhibit 1 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 Exhibit 1 in the
salary step to which the employee is entitled.
6. Salary Schedule/Exhibit 1 is attached hereto 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
I. Employees hired on or before February 21, 2017 shall be compensated for longevity in the
following circumstances,as is set forth in Exhibit 1
A. Upon completion of five years of paid,full-time sworn law enforcement service
B. Upon completion of ten years of paid,full-time sworn law enforcement service
C. Upon completion of fifteen years of paid,full-time sworn law enforcement service
D. Upon completion of twenty years of paid,full-time sworn law enforcement service
E. Upon completion of twenty-six years of paid,full-time sworn law enforcement service
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266104.13 EL140-029
2. Employees hired after February 21, 2017 shall be compensated for longevity in the following
circumstances, as is set forth in Exhibit I
A. Upon completion of six years of paid,full-time sworn law enforcement service
B. Upon completion of thirteen years of paid, full-time sworn law enforcement service
C. Upon completion of twenty years of paid,full-time sworn law enforcement service
3. 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.
ARTICLE 4 TU. ITION 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
Page 13 October 1, 2014-September 30, 2018 MOU
2661W,13 FI,140-029
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 4.02 and 4.03 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.,51 YROMOT1ONS,
Section 5.01 Salary Differential upon Promotion
The City shall have the option to compensate supervisors newly appointed to their positions after
July 1, 1986 at a base rate as long as it is higher than the base rate of their subordinates(no minimum
5%pay differential),exclusive of longevity pay,educational incentive pay,and special assignment
pay.
Section 5.02 Educational Prerequisites for Promotional Positions
A. Any applicant seeking to participate in any segment of a Sergeant's examination,must possess
an Associate's Degree or higher degree or possess a transcript documenting sixty or more
semester units, or an equivalent amount of quarter or term units, earned towards a Bachelor's
Degree from a university or college accredited by POST standards.
B. An applicant seeking to participate in any segment of an examination for the positions of
Sergeant, Lieutenant or Captain must be qualified for and possess a Bachelor's degree at the
time of participating in any such segment(s)of the examination.
ARTICLE.6 NO-SMOKING CLAUSE
Section 6.01 Establishment
All personnel employed on or after July 1, 1988, shall, as a condition of initial and continued
employment,refrain from smoking and/or using tobacco products at any time on or off duty.
ARTICLE 7 OVERTIME COMPENSATION
Section 7.01 Pay for Public Relations Appearances
Police Officers and Police Sergeants who are required by the Chief of Police to make presentations
to community groups on an overtime basis shall be compensated at one and one-half times their
regular rate of pay.
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266104.13 E1.140-029
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.
C. Officers who are in an on-duty status are not eligible for court on-call pay.
Section 7.03 Call-Back Pay
A minimum of 4 hours of work time at one and one-half the employee's regular rate of pay shall
be credited for all call backs.
Section 7.04 Court Call-Back Pay
A. An officer called into court while off duty shall be paid overtime for all time served plus travel
time(per Department General Order)or three hours(at time and one-half),whichever is greater.
"Off-duty" for the purposes of this section means the officer is not on duty, on paid
administrative leave,on paid IOD leave,or being paid for any other reason.
B. The City will pay$2.00 per meal for police officers required to be in attendance at court during
meal periods.
ARTICLE 8 DIFFERENTIAL PAY
Section 8.01 Motor Officer,Canine Officer,Detective and Special Assignment Pay
The City shall pay motor officers a monthly$511.01 (Police Officer)or$640.19(Sergeant.)
The City shall pay detectives, canine officers and employees designated by the Chief of Police as
having special assignments,$425.84 per month.
Section 8.02 Motorcycle Maintenance
By and through the Association, those unit members assigned to motorcycle duty agree that the
above monthly stipend is reasonably necessary to provide for the cleaning and maintenance of the
assigned motorcycle and that this stipend is intended to compensate unit members assigned to
motorcycle duty for all off duty hours spent cleaning and maintaining their assigned motorcycle,in
compliance with the FLSA and interpretive cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for
motorcycle cleaning and maintenance,entitles the parties to agree to a reasonable number of hours
per month for the performance of off duty maintenance and cleaning duties. The hours represented
by the above stipend in this agreement were determined after an actual inquiry of the officers
Pagc 15 October 1, 2014-September 30, 2018 MOU
266104.13 EL140-029
assigned Wmotorcycle duty,as addressed byCeevmxCity of Carson City,360R.3dlO\4(91hCir.
2004.) ltiathe intent of the parties through the provisions nf this section to fully comply with the
requirements of the PL3/\. lu addition,all parties believe that this section o[the&8OD 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 nf the yLX&.
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 no:uanmy to provide for the umc and maintenance of the ouoiXnod
canine and that this stipend is intended to compensate unit members assigned to canine duty for all
off ditty hours spent caring and maintaining for their assigned canine,in compliance with the FL3/\
and interpretive cuxux and rulings.
The parties acknowledge that the FLSA,which governs the entitlement to compensation for canine
umn and moinmnonc°, rnuiUoo the parties to agree to n reasonable number n{hours per month for
the Porfhrmnuxo of off duty umo and maintenance duties. The hours represented by the u6nvu
stipend in this agreement were determined after an actual inquiry of the officers assigned to canine
duty, ou addressed bylonvm'v. City V/Carson City, 360F.3dl014(9'1Cir.2OO4j /tiu the intent
of the parties through the provisions of this uedloo W 5oUy comply with the requirements of the
FLSA. In uddihvu, all parties ho\iovc that this oou/ivo of the K40D does comply with the
requirements vy the FL3/\.
Since nu least 200O, the method of agreeing upon the above stipend and its amount have been iu
accord with requirements nf the FL84,
Section 0.04 Bilingual Pay
The City will be responsible for utilizing u standardized, industry accepted test to determine
applicants' qualification for Bilingual Pay. }\u 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 rogo}m(y uuod, xbuU be un1k|cd to premium compensation of$283.90 (Police
Officer)nr$95566(8urgennL)monthly.
ARTICLE 9 PROGRAM
SuoUoo 9.01 Purpose
11 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 nf wellness ao ou enrichment io their personal
lives oo well aou productivity benefit Ln the City.
Section 9.02 Department Policy
lt will hu the policy of the Police Department to work with officers individually and assist those that
need to improve their |ifeo1y\u habits in order that fibnuoo \*wu\s can be improved. Tbom is no
"failure"in participation,only the identification of needs and the recognition of strengths.
Puge16 October l, 20l4-September 30, 2Al8M0l]
266104.13 E1,140-029
Section 9.03 Program Components
The Physical Fitness Program will consist of two basic components;they are a fitness examination
and a fitness assessment.
A. Fitness Examination:
The examination will be comprehensive and will include the cardio-vascular system, the
pulmonary function, a complete blood work-up, body composition analysis, and the lower
digestive tract as well as a strength assessment. It will also include a complete medical history
review with a physician and a subsequent review of the findings as well as an
exercise/nutritional prescription.
B. Fitness Assessment:
1. The fitness assessment is the voluntary component of the program and will be administered
by a department fitness coordinator and fitness committee.
2. The assessment will be a test to measure components of physical fitness which are:
a. Cardio-vascular
b. Strength
c. Body composition
d. Flexibility
The assessment will be administered quarterly and will apply standards developed and used
by the Cooper Aerobics Institute,Dallas, Texas, and will include sliding scales based on
age and sex.
3. From the assessment will be developed a profile which will categorize participants into
levels of fitness. Incentive provisions would then reward participants depending upon their
fitness level.
4. Rewards would also be available for significant achievements and improvements. These
rewards will be in the form of T-shirts, sports bags, sporting equipment and other similar
incentives. It is thought that these types of rewards could be influential in maintaining
interest and enthusiasm in those participants who would not otherwise qualify for fitness
achievement categories.
ATICL... PENSATORY TIME
E.1® _......_..M_...� ..........................................__.....�..,-w._,w
Section 10.01 Maximum Accrual
A separate bank shall be established for the accumulation of compensatory time off, with a
maximum accrual of eighty (80) hours. The time bank shall be divided into separate banks for
physical fitness and compensatory time off and the compensatory time bank shall be credited first
with the remainder credited to the fitness pay.
Section 10.02 Physical Fitness Bank-Maximum Accrual Fitness Compensation
A separate bank shall be established for the accumulation of physical fitness time off, with a
maximum accrual of fifty(50)hours. City has the option to pay the employee or increase the time
Page 17 October 1, 2014-September 30, 2018 MOU
266104.13 EL140-029
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 I la°rui-s,,pw:Q,q,a lct"(3 Calendar Months
Distinguished Expert 8 hours
Expert 6 hours
Sharpshooter 4 hours
Marksman 2 hours
Qualifying 0 hours
ARTICLE 11 HOLIDAY PAY
Section 11.01 Eligible Officers
Personnel who regularly work holidays shall be credited with 120 hours of paid holiday leave in
their holiday bank.
ARTICLE 12 SICK LEAVE
Section 12.01 Payment of Sick Leave Accrual-After 10 Years Service
Employees,upon separation,after ten(10)years of service as a sworn law enforcement officer,will
be compensated 50%of their accumulated,unused sick leave at the employee's regular rate of pay,
excluding the nine percent(9%)PERS member share, in effect at the time of separation. Effective
October 1,2017,sick leave payment shall be at the employee's base rate of pay. The exclusion of
the 9%PERS members share from calculation of the regular rate of pay is without prejudice to any
rights, claims, or defenses by the parties regarding the pending dispute previously referenced in
Section 2.02.
Section 12.02 Payment of Sick Leave Accrual-After 20 Years Service
Upon an employee's separation after twenty (20) years of service as a sworn law enforcement
officer,the City will pay the employee for 100%of his/her accumulated, unused sick leave at the
employee's regular rate of pay, excluding the nine percent(9%)PERS member share, 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. Effective October 1,
2017,sick leave payment,including the"catch-up"into the employee's 457 deferred compensation
account,shall be at the employee's base rate of pay.The exclusion of the 9%PERS members share
from calculation of the regular rate of pay is without prejudice to any rights,claims,or defenses by
the parties regarding the pending dispute previously referenced in Section 2.02,
Section 12.03 Payment on Disability Retirement
Employees separating from service because of a disability retirement,after five(5)years of service
as a sworn law enforcement officer, will be compensated at 90%of the employee's accumulated,
Page 18 October 1, 2014-September 30, 2018 MOU
266104.13 E1,140-029
unused sick leave at the employee's regular rate of pay, excluding the nine percent (9%) PERS
member share. Effective October 1,2017, sick leave payment shall be at the employee's base rate
of pay.The exclusion of the 9%PERS members share from calculation of the regular rate of pay is
without prejudice to any rights, clairns, or defenses by the parties regarding the pending dispute
previously referenced in Section 2.02.
Section 12.04 Sick Leave Maximum Accrual and Annual Sick Leave Payout
Fffective the date of adoption of this MOU by the City Council, employees shall accumulate sick
leave at the rate of 3.7 hours per payroll period paycheck accumulation for each month's service
not to exceed a maximum of eight hundred(800)hours. Effective the date of adoption of this MOU
by the City Council, on or about December 10 of each year, employees who maintain a balance of
800 hours of sick leave accrual shall be paid for seventy-five percent (75%) of the sick leave
accumulated and not used during the preceding twelve month period at the employee's base rate of
pay.
The ten(10)members of this bargaining unit listed in Exhibit 11 shall be paid for hours in excess of
eight hundred (800) at their regular rate of pay,-excluding the nine percent (9%) PERS member
share, upon ratification of the 2014-2018 Memorandum of Understanding, However,the exclusion
of such 9%PERS members share from calculation of the regular rate of pay is without prejudice to
any rights,claims,or defenses by the parties regarding the pending dispute previously referenced in
Section 2.02.
Section 12.05 Family Emergency Leave/Sick Leave Utilization
Employees shall have the right to use nine (9) days of accumulated sick ]cave for family
emergencies. Emergencies are generally of a medical nature, for illness or injury of a family
member. Notwithstanding the foregoing. the City shall comply with the Federal and State
regulations of the Family and Medical Leave Act, California Family Rights Act, Healthy
Workplaces,Healthy Families Act of2014("Paid Sick Leave Law"–AB 1522)and other applicable
family leave laws. Depending upon the applicable leave law,"family member"may be defined as
including,but not limited to,children,parents(of employee,spouse,or registered domestic partner),
spouse,registered domestic partner,siblings, grandchildren,or grandparents.
ARTIIC1,1''1.l CYr ll();N..I.EA—VE
Seclion 1101 Accrual Schedule–For Employees Hired On or After July 1, 1994
Vacation for employees hired on or after July 1, 1994, shall be accrued pursuant to the following
schedule:
A. From commencement of the 1st year of service through and including completion of the 5"year
of service--96 hours per year.
B. From commencement of the 6th year of service through and including completion of the 10th
year of service– 120 hours per year.
C. From commencement of the 1 lth year of service through and including completion of the 15th
year of service– 144 hours per year.
D. From commencement of the 16th year of service through and including completion of the 10h
year of service–176 hours per year.
E. From commencement of the 171h year of service and for all years of service thereafter up to and
including the 25'year–an additional 8 hours per years of service(i.e., 17 years= 184 hours,
Page 19 October 1, 2014-September 30, 2018 MOU
266104.13 EL140-029
7X years= ]92 hours, |y years~2O0hours . .25 years and each year thereafter~24Xhoum).
Effective July |5,200?.the scale nf hours for employees with i7nr more years nf service will
increase hy8 hours(in, |7 years~ l92hours, |8 years~200 hours, 1V years=208 hours . .
2J years and each year thereafter—256koors).
Section 13.02 &oo/nu|Schedule- For Employees Hired Before July 1~1994
Vacation for employees hired before July )' l994 shall ho accrued in accordance with the following
schedule:
A. For the finstseven years of continuous service with the City—90 hours per year.
D. After seven years and until the completion of fourteen years ofcontinuous service— 136 hours
per year.
C. After 6/urtuoo ynmn of continuous service and oud| the onmp|ctino of sixteen years of
continuous service l76 hours per year.
D. From commencement nfthe l71h year nf service and for all years of service thereafter op/nand
including the 25~ year—increasing 8 hours per year n/service(ie., |7 years= 184 hours, 18
years ~ 192 hours, )n ynum ~200 hours . . . 25 years and each year thereafter=248 hours).
Effective July l5,20O7'the scale nf hours for employees with l7or more years ufservice will
increase by8 hours(i.c` l7 years~ ]92 hours, l8 years~20O hours, 19 years=208 hours . . .
25 years and each year thereafter~256hours)
Section 13.03 Vacation Sell Back
Cnmmouo{og February 21,2017,the City will allow employees in the Association to sell back l00%
of their annual vacation accrual at the base rate of pay during a single payroll period to be determined
each fiscal year hy the employee, The vacation sell back Option iu available for use by the employee
after completion of one year of service with the City. All vacation payouts shall be at the base rate
of pay and shall not include the nine percent(9YQ MRS member share. The exclusion of the 9%
PERS members share from calculation of the regular rate of pay is without prqjIudice to any rights,
claims, or defenses by the parties regarding the pending dispute previously referenced in Suodmn
2.02.
ARTICLE 14 �8���&Vl(��0NT L�AV�l
Section 14.01 Maximum Leave Time
The practice of granting three(3)working days oy bereavement leave per incident shall hoincreased
to 40 hours per incident in those :hcomuioncox v"bom travel to u Ooomm) 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 nf the"immediate family" whose funeral or memorial proceeding 8uxUfiosfor use
of bereavement leave, shall include the children, parents, siblings, grandparents of the employee,
the employee's spouse or significant other.
266)04 13 Page al./�V'o�Y u�o 20 October l, 2014-Sop1onohur 30, 2018 MOl}
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 voir 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.
£ The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 16 IJI±I L`1°l^^ml._BE 1"!",la ITS
Section 16.01 Medical Insurance Continuation-On Duty Death
A. If it is determined by the Workers'Compensation Appeals Board and/or the Public Employees'
Retirement System that an Association member has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall
continue to make group medical insurance premium payments on behalf of the surviving spouse
until age 65, Medicare eligibility, whichever comes first, and to the children of the deceased
officer until age 18. Said medical premium payments on behalf of the children of a deceased
officer shall continue if at age 18, the child commences uninterrupted college enrollment, but
not to exceed the age of 23.
B. The City-paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased officer was receiving at the
time of his/her death. For example,if at the time of death,the officer was enrolled in a specific
HMO Plan,then future premium payments tuade 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
Page 21 October 1, 2014-September 30, 2018 MOU
266104.13};1,140-024
City will apply the maximum dollar amount to the payment of the various premiums inthe following
order of precedence: optical insurance first,then life insurance, and finally dental insurance
A. The City will adopt n doNn) p|uo and pay the premium cost for employees only. The City
cononeo the right to determine the insurance carrier with whom the City will contmot for
coverage-,however, the City agrees to consult with employees through the insurance committee
and consider all angguodonu and presentations nn the insurance plan 0ohcpurchased.
B. The City wil I provide every member of the Association with$10,000 of life insurance at City
cost. The City rnno,voo the right to determine the insurance carrier with whom the City will
contract for coverage.
C. The City xhnU make uvmi|ub|o any city-wide improvements to the dou|ol houofk' to the
Association,
D, Selection of the vision insurance plan carrier shall ho made hythe City.
Section 10.03 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical ivaormooc.
Section 16.04 City Medical Contribution
Effective through March 31,2017,the maximum monthly medical contribution by the City is
%7334.9l per employee per month. Effective April l,%Ol7.the rate shall increase tn$14%5.02,
The rate of$|425.02 shall remain in effect for the term of this MOD.
Employee Assistance Program—The City shall provide a basic level of service to employees at
City cost. Basic level shall consist of three(3)sessions per member/per incident/per year.
Employees may voluntarily enroll in the EAP/Outpatient tier at their own cost;the cvnout
monthly rate io$9.52 and is subject mchange.
Section 16'05 Body urHeart Suou
Commencing July 1,2008, each employee shall be eligible to receive a"body or heart scan"to be
conducted once every two(2)years a/City expense. Eligibility for the"body uc heart scan"shall
bv determined by the examining physician ou 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"
io reasonable and appropriate.
ARTICLE 17 (INIFO#04AND S \F01'Y VQk!,1prV1CM{
Section 17.01 Provision
The City shall provide required uniforms and safety equipment to eligible employees. For purposes
of this article, safety equipment shall include u weapon selected hy the Police Chief. Effective the
date of adoption of the MOD,the uniform allowance shall no longer bc provided to members o[this
bargaining unit.
Page 22 October l, 2014-Sopbcnubcx 30` 20l0 MOl}
266104 |]m�/*n'mv
Section l&.Ol Monthly Stipend
�,'mployees designated by the Chief ofPolice may receive uneighty dollar($8Nmonthly stipend to
wfqei tlw cost ofutilizing their personal devices for work-related purposes,
19
B*ohon 19.01 PE]NSRohro*ent Formula
/\� The City has implemented the 3%at 50 PERS retirement formula for all affected employees.
B. Tier ll'Employees covered hy classifications in this bargaining unit who are hired ouorafter
October 6.20)2 and are otherwise not o"new employee"and/or"new member"oCCaI9EQ8under
Government Code Section 7522.04 of AB340,also known as the California Pension Reform Act of
2O\3.shall bc subject to the 3%@55 retirement formula.
C. Effective January 1,2013,new safety employees and/or members,as defined by AB340, will be
subject to the 2,71�,��I retirement formula as well as all other statutory requirements established
6y&B340.
Sucdnu 19.02 PERS Payment Pickup
Employees who are"o)amniu" members, as defined by the California 9ouniou Bof6nn Act of 2013
(AB340),o6n\\ pay their statutorily required nine percent(9%)employee contribution toCa\PBRS
effective March 4. 20|7 and oim/ku000uo(y with aukuy imxeunco identified in Section 2.01 (io
employees shall pay ou amount equal toV%o[compensation eumuh)oou the employee contribution
to YDKS). In accordance with Resolution No. 4497 the City shall treat this contribution as an
employer contribution for poqPoxox of employee federal and otu1u income tux withholding as
authorized by Internal Revenue Code(lBC)Section 4\4Ah>(2).
So:doo 19.03 Optional PE[X8 Contract Provisions
A. The City shall provide"Level 4" 1959 Survivors Benefits in accordance with Government Code
§3}5?4.
B. The City shall pnavk]o Pre-Retirement Option %W Death B000fk in accordance with
Government Code §21548.
C_ The City shall provide the Single Di0bont Year formula for"o)axojc"members only ox6ofiuod
hyAB340,in accordance with Government Code Section§20042.
Section 19.04 Minimum Service with City nfB|Segundo tv Receive Retirement Benefits
Employees who retire omoi have earned service credit with Col9BBS for a minimum of five (5)
years to receive the following benefits: the option of continuing to participate in the City's group
insurance programs and the right to receive a contribution toward medical insurance for the retiree
and I dependent. In addition,employees are eligible for payments of unused sick leave pursuant to
Article 12.
Page 23 October l, 2014'S cz 30, 2018 DJ[>(7
266104,13 EL140 029
Section 19.05 Retiree Health Insurance Contribution Program
The City will contribute to a retiree health insurance contribution program for retirees who
participate in the Public Employees'Medical and Hospital Care Program. The program will provide
for the following maximum contribution:
Year of Retirement 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
A„RTICLE 20 -I'►..1:.(. CI 111;,1°tISXM,_1_0__ ,(IIIB;.q.'±; til"Ms'I ,;w'1�18Ndw hC'.t.'(')UN.1,„
Section 20.01 Direct Deposit
It is agreed between the City and the Police Officers' Association that it is in the mutual interest of
the City and its employees that all covered employees utilize the currently available direct deposit
system. Employees who do not desire to utilize direct deposit shall make their wishes known in
writing to the City's Director of Finance, together with a statement of their reasons therefore.
Exceptions to this direct deposit policy shall not be unreasonably denied.
Section 20.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
ARTICLE 21 (,"tD f14MD”1"I?:'6tT4,_1AN,lI' ft° 1;IACb1
Section 21.01 Initial Loan
All participants in the loan program will be eligible for an initial,interest free loan in the amount of
$4,000(four thousand dollars).
Section 21.02 Prior and Outstanding Balances
An employee with an outstanding balance on a prior computer loan as of July 1, 1997, will have
that amount currently due from the previous loan subtracted from the amount the employee can
borrow interest free under this program.
Section 21.03 Requirements and Conditions
A. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at
the currently interest rate of 3%. All loans would include a 36-month repayment term.
B. Eligible purchases shall be expanded to include ergonomic-related furniture and equipment.
C. Anti-viral software shall be required as a prerequisite in granting requested loans.
D. City would retain title, as security, to any equipment purchased with funds from the above
described loans, until such time as the loan is fully paid off. City is to be notified of any
exchange or updating of equipment.
E. The practice of"refinancing" to the maximum loan amount is prohibited. "After-the-fact"
financing is allowed only with prior approval of the Director of Finance or his/her designee.
Page 24 October 1, 2014-September 30, 2018 MOU
266104,L3 EIA40-1129
F� Loans shall be repaid through payroll deductions over x3 year period. Outstanding loan
balances must 6o paid off at the time that uo employee separates from City service and the City
shal I be authorized to recover any loan balance by making deductions from the employee's final
check.
ARTICLE.22 MATERNITY. -POLICY
Section 22.01 Policy
/\onffinorAy may transfer tou light duty assignment,m any point during pregnancy,with
physician verification o[o need for placement ioo light duty assignment. Additionally,anofficer,
upon return from leave of absence, will resume her previous assignment or bid on a position
wherever possible,
AB3[YCI�E 23 f-A]FASTROPmlC Ul AVF, PROGRAM
8ccUno 33.01 Definition ofu Catastrophic Illness orInjury
A catastrophic illness cv injury is u chronic vr long-term health condition that is ioourah|o, or so
serious that, i[not treated, would likely result ion long period ofincapacity.
Section 2IO2 Eligible Employees for Donation and Program Usage
A. All pvononoui full-time or part-time on/oco 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 hy completing uC)xlYstroY@4c./`ee�w'Time
llojLalk!'^8eq/'cs/ /'igZL) prior tn donating more accumulated leave time. Employees, ortheir
designated representative,requesting use oy the leave bank must complete o' /�!8^��i,�'
(^/,/x/,,y/h�«^ /`r'/y�' /7,x'l�m�onsoon uo possible prior to, or`pithioom0000u�}odme frame
u8or, catastrophic d1non: or injury. Completed Dorms must be submitted to the Director of
Human Resources/Risk Management oc his/her designee.
Q. Forms are uvai|nh|o from the Bm000 Resources Department. The Do/nuu Resources
Department will maintain all Catastrophic Leave Policy materials.
Section 23.03 Policy Procedures
A. Adniii@isfrathon ' This bank will hn administered hyo joint employer/employee committee
composed of two(2)representatives from the El Segundo Police Officers'Association,one(1)
6om the Human Resources Department and one(l)from the Finance Department,
B. l')1mytion_ ' In addition (n the July i 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 iuuvuu. Donated time can only be made in increments of 0nmr (4) boom.
Additionally, employees nhoU designate whether their 6.00 bnuz uuu\rlhudon made W the
catastrophic leave bank shall homade 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 l00 leave hours after
his mo her donation.
Page 25 October 1, 20l4-SeD1emborlU, 20l8 MOlJ
266104 /z ET,|4o'0ov
D. Donations of accumulated time are irrevocable.
E. Catastrophic leave shall not be used to supplement leaves due to industrial injuries or illness.
However; catastrophic leave may be used to supplement long-term disability benefits.
ARTICLE 24 LAYOFF,PROCEDU,RE„S
Section 24.01 G�l,(l„11,M(I CQ l°,11,„�,y ,,ft- Whenever, in the judgment of the City Council, it becomes necessary to
reduce the workforce,an employee may be laid off,reduced in classification or displaced by another
employee, Such layoff, reduction or displacement shall result from action of the City Manager or
his or her designee. The City Manager shall recommend to the City Council each classification to
be affected by any such change.
Section 24.02 Nplice t,q_M,trr cc° -An employee filling a full time position shall be given fourteen(14)calendar
days prior notice or layoff. Employees transferred, reduced or displaced shall be given five (5)
calendar days' notice. The City Council may approve a reduction in the notice requirements, if so
recommended by the City Manager.
Section 24.03 AI
-Wi Inarlap.rgsryw lr5-The City Manager retains the right to layoff or alter the work assignment of
the following employees at any time without notice or right of appeal: emergency employees,
temporary or seasonal employees, part-time employees, original probationary employees,
promotional probationary employees and employees designated at-will. The promotional
probationary employee shall revert to his/her previously held classification and position without loss
of seniority.
Section 24.04 ProcedItro' fol� 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('/2)time from the
date of hire with the City.
Section 24.05 Breakilu„gaTies - In cases where two or more employees have the same date of hire (i.e. equal
seniority), retention points for job performance shall be credited on the basis of the average of the
overall evaluation ratings for the last three (3)years, provided the last rating had been filed more
than thirty(30)days prior to the date of the layoff notice. Retention points are as follows:
Above Standard 24 points
Standard - 12 points
Below Standard - 0 points
In the event of a tie in seniority, the employee with the lowest average of retention points shall be
laid off first. In the event that one or more of the affected employees do not have overall evaluation
ratings for the last three(3)years on file,ties shall be broken by a coin toss.
Section 24.06 R±ediwtion to it ;'a cc�� _I"a sati�cwtr -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
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766104 13 E1,140-029
classification most closely corresponding, but in no case higher, than the salary step of his/her
previously held position, and the employee will be assigned a new salary anniversary date on the
effective date of the appointment.
Section 24.07 I)yi�lrbaaataruuarat 1nf;'„I�..cr
A. An employee designated for layoff as a result of abolition of a position or classification may
displace ("bump") an employee in a lower classification in which the employee has prior
service, provided the laid off employee has greater seniority than the employee in the lower
classification.
B. An employee designated for layoff with greater seniority may displace("bump")a less senior
employee in a lower classification,for which he/she is immediately qualified to perform.
Section 24.08 Sala n, 1'hice i eaut
An employee who is assigned to a lower classification as a result of a displacement(bump)shall be
placed on the step of the salary range of the new classification,which is closest to the compensation
of the employee in the previous classification, but in no case higher, and the employee will be
assigned a new salary anniversary date on the effective date of the appointment. The employee
shall,however,retain seniority while his/her name remains on reemployment list or lists.
Section 24.09 It<r°urunlauvuuut°rrt 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 therefrotn for a period of three years from the dale their names were placed on the list.
As a vacancy within a classification or lower related classification becomes available, the name
appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an
individual selected from the list to fill the vacancy who refuses the reemployment offer shall be
permanently removed from the reemployment list without right of appeal. Laid-off employees do
not earn seniority credit or benefits while on the reemployment list.
Section 24.10 I.f t{ °r°rr"1;iuyr.rll"
The City shall provide all employees who were laid off from the City a service letter setting forth
that the employee was laid off and is eligible for reemployment. Those employees who were
displaced to lower positions will be granted, upon the employee's request, a letter from the City
stating the employee was reduced in status as a result of a layoff and is eligible for reemployment
to the higher level position.
Section 24.11 Raj ht's on ItaTinrul'u,r1 pulaut1
If a person is reemployed by the City within three years, the employee's seniority, sick leave and
vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall
also be reinstated to the extent that the employee did not receive compensation for such earnings at
the time of layoff. Upon reemployment, employees will be placed on the same salary step held at
the time of layoff.
Section 24.12 A)!caul
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 tenninated for disciplinary purposes and shall be permitted to appeal
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266104.13 F1140-029
the decision per the Disciplinary Appeal Procedure;or2)has not been provided proper bumping or
displacement rights,may fi|o on appeal to the Director oCHuman B0000mouD<inkK4nuo&omonL
ARTICLE 25, (JOUENAM 1' P^RO.(���}��
Snodvn 25.01 Definition o/Terms
1�L�� ,I \ce - A grievance is an alleged violation, misinterpretation or misapplication ofaspecific
"vhUeu departmental or agency rule or roAu|o1iou or a specific provision of Memorandum of
Understanding. /\ grievance in distinct from an upponi arising from disciplinary action iu that Aa
grievance is a violation, misinterpretation or misapplication of opoo(fiu written departmental or
agency rule and/or policy or specific provision of a Memorandum of Understanding.
CIiey�lnt - & grievant is an employee or group of'employees udvomo|y affected by an not or
omission uf the agency.
Day-/\day ina business day(K400duy-Friday).
fill The fimtlevel supervisor vf the grievant.
Section 35.02 Time Limits
A. (009ol|�imnce Lauxt |/1cmibj)ky
With the written consent of both parties, the time limitation for any step may ho extended or
shortened.
ll Calcu|adon*|`'rh710 Limits
Time limits for the appeal provided in each level shall begin the day following receipt o[u
written decision nr appeal hy the patties.
C. [u0mc to Meet ljn,c_Limits
Failure at any level of this procedure 0o communicate the decision muu grievance hythe 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,
8oxdon 25.03 Procedure
Grievances will bo processed uafollows:
A. Level I- Within ten days of the date the employee roanoouh\y knew urshould have known of
the incident giving dao N 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.
D, Level 11-If the grievance is not resolved at Level 1,the grievant may submit a written grievance
0o the second level supervisor within five(5)days following the expiration o[time o1 Level[.
l. &roceduDeYor Filifil.0o Cri*punce - )ufiUnga grievance, the employee should set forth
the following iu0uona1inn:
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266104.13 E 1,140-029
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. Tile remedy requested.
`. Level I I I - If the grievance is not resolved by the second level supervisor, the grievant may
present the grievance in writing to the department head within five (5)days. The department
head will respond in writing within ten(10)days.
D. Level IV- If the grievance is not resolved by the department head, the grievant may present
the grievance in writing to the City Manager within five(5)days. The City Manager or designee
will conduct an informal hearing and render a decision. Each party shall have the right to
present witnesses and evidence at the hearing. The conclusions and findings of this hearing
shall be final.
Section 25.04 Matters Excluded from the Grievance Procedure
A. The grievance procedure is not intended to be used for the purpose of addressing requests or
changes in wages,hours or working conditions.
B. The procedure is not intended to be used to challenge the content of employee evaluations or
performance reviews beyond the department head.
C. The procedure is not intended to be used to challenge the merits of a reclassification, layoff,
transfer, denial of reinstatement,or denial of a step or merit increase.
D. The procedure is not intended to be used in cases of reduction in pay,demotion,suspension or
a termination,but are subject to the formal appeal process outlined in Ordinance 586.
Section 25.05 Conferences
Grievant and City representatives, upon request, shall have the right to a conference at any level of
the grievance procedure.
A IATl(A,1 26 POLICIES
Section 26.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy,dated July 22,2003.
Section 26.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy,dated May 2010.
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266104 13 HA40-029
Section 26.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy,dated July 3,2003,
Section 26.04 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.
1. Right to Administrative Appeal
A, Any public safety officer(as defined by Government Code §3301)who is
sub,oected to punitive action(as defined by Government(I'l (le §3303)consisting
of"',c written reprinand,a transfer for purposes of specialty,
assignment,bonus,or,sitliilar pay,or a suspension liar live^(5)or less days, is
entitled to an administrative appeal only pursuant to this prowedure. An officer
shal I not be entitled to appeal an action prior to its imposition.
B. The City and the Association mutually agree to reopen the Memorandum of
Understanding regarding the drafting of a POBR Hearing Policy regarding a
reduction in salary caused by a reassignment resulting in a loss of incentive,
specialty assignment,bonus or similar pay.
C. An officer who appeals a punitive action under this procedure shall bear his/her
own costs associated with the appeal hearing,including but not limited to any
and all attorney fees. The cost of a hearing officer shall be equally borne by the
Association and the City.
2. Appeal of Written Reprimands
A, Within five(5)calendar days of receipt by an officer of notification of punitive
action consisting of a written reprimand,the officer shall notify the Chief of
Police in writing of the officer's intent to appeal the written reprimand.
B. The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
3. 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
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266104.13 EL140-029
reprimand_ There shall be no subpoenas issued(for people or documents.)
4. 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.
I?1 The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
C. The appeal shall be presided over by a hearing officer selected from a list of
nine(9)provided by the State Mediation and Conciliation Service. The hearing
officer shall be selected by alternate striking of names by the respective parties.
5 Conduct of Hearing(5 days or less suspensions,transfers for purposes of
punishment,reduction in salary caused by a reassignment.)
A. The formal rules of evidence do not apply,although the hearing officer shall
have discretion to exclude evidence that is incompetent,irrelevant or
cumulative,or the presentation of which will otherwise consume undue time.
B. The parties may present opening statements.
C. The parties may present evidence through documents and direct testimony.
D The parties shall not be entitled to confront and cross-examine witnesses.
E. Following the presentation of evidence,if any,the parties may present closing
arguments.
F. Recording of the Hearing
The hearing shall be audio recorded.
G. Representation
The officer may be represented by a representative of his or her choice at all
stages of the proceedings. All costs associated with such representation and the
presentation of the officer's case,shall be borne by the Association.
The Department shall also be entitled to representation at all stages of the
proceedings, The Department shall bear its cost of representation and of
presentation of its case.
6. The hearing officer fees shall be equally borne by the City and the Association.
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.
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266104.13 E1,140-029
Section 26.05 Drug Free Work Place Policy
The City and the Auxn6u1km 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.
ARTICLE 27
8ouivu 27.01 Term
The term of this MOU shall commence on October 1,2014 and shall end on September 30,2018.
~ARTICLE 28 .Ll ITED0SF°]0MEO>FF
H«cbvn 2*'01 ^^lJmited Use"Time Off
Employees shall be paid at the employee's regular rate of pay for any unused accumulated'limited
use time off effective February 21,2017.The calculation of the payout is without prejudice to any
rights, claims or defenses by the parties regarding the dispute referenced iu Section 2.02."
ARTICLE 29 WORK SCHEDULE
Section 29.01 Work schedule' prior toJanuary 2012 bid
Unit employees assigned to Patrol shall work a 4/10 work schedule that consists of a weekly
schedule of four consecutive work days nf1O consecutive hours each (inclusive o[paid breaks
and o45-mioo1c paid meal period)followed by three consecutive days off.
Section 29.02 Alternate Work Schedule-post January 2012 bid
Effective coincident with the start of the January 2012 bid,employees assigned to Patrol will work
either a 3/12.5 or 3/12.5 -4/10 hybrid schedule. The determination of which schedule is used
shall he made jointly by the police chief and the Association.
it. 2/12.5 schedule-consists ofuweekly schedule n[three consecutive work days o[l3.5
consecutive hours each(inclusive of paid breaks and a 45-minute paid meal period)followed
hy three consecutive days off. ln addition,each employee shall be scheduled»o work one
additional shift each of 10 consecutive hours(inclusive of paid breaks and a 45-minute paid
meal period)each 28days.
b. 3/l2.5-4/|0 hybrid schedule consists oy having some employees being regularly assigned x
3/12.5 schedule(see above)and others being regularly assigned a 4/10 schedule(see Snodno
29,01,above). The determination of what days oy the week will he assigned either the]/\2.5
nr the 4/\O shall hu made hy mutual agreement of the parties.
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266/O*.13eL140-029
sig'lled lky the Gty: Si
Greg C" cliter R 1
17 v "I al
City na W! r F A Preside
riln ol—Bro rIlI ng
Vice President
17
Date Date
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266104.13 ELI 40-029