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2018 Nov 20 - CC PACKETAGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBERS a 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting
Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 20, 2018 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER
ROLL CALL
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250.
SPECIAL ORDER OF BUSINESS:
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation, and/or discussing matters covered under
Government Code Section §54957 (Personnel), and/or conferring with the City's Labor
Negotiators, as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -0- matters
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matters.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matters
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
PUBLIC EMPLOYMENT (Gov't Code § 54957) -0- matter
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6): -8-
matters
2
E
1. Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory, Professional Employees Association; City Employee
Association; and Executive and Management/Confidential Employees
(unrepresented groups).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Greg
Carpenter and Human Resources Director.
3
3
AGENDA
EL SEOUNDO CITY COUNCIL
COUNCIL CHAMBERS - 350 Main Street
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
discussed at the meeting. Playing of video tapes or use of visual aids may be permitted during meetings if
they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 20, 2018 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Danny Hall, New City Church
PLEDGE OF ALLEGIANCE — Council Member Pimentel
CI
n
PRESENTATIONS
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the
Agenda by title only.
Recommendation — Approval.
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
C. UNFINISHED BUSINESS
1.
Consideration and possible action regarding approval of 1) A Memorandum
of Understanding (MOU) (Labor Agreement) between the City of EI
Segundo and the EI Segundo Police Officers' Association (POA); 2)
Adoption of Resolution approving the Memorandum of Understanding; and
3) Adoption of Resolution approving and authorizing changes to the City's
medical premium to CaIPERS for each year of the MOU:
(Fiscal Impact: $570,000 for FY 2018-19, $684,321 for FY 2019-20, and
$1,111,809 for FY 2020-21)
Recommendation — 1) Approve the POA Labor Agreement; 2) Adopt the
Resolution approving the Memorandum of Understanding; 3) Adopt Resolution
approving changes to the medical premium pursuant to MOU; 4) Alternatively,
discuss and take other action related to this item.
6i
2. Consideration and possible action regarding approval of 1) A Memorandum
of Understanding (MOU) (Labor Agreement) between the City of EI
Segundo and the EI Segundo Firefighters' Association; 2) Adoption of
Resolution approving the Memorandum of Understanding; and 3) Adoption
of Resolution approving and authorizing changes to the City's medical
premium to CaIPERS for each year of the MOU:
(Fiscal Impact: $507,800 for FY 2018-19, $797,595 for FY 2019-20, and
$1,017,993 for FY 2020-21)
Recommendation — 1) Approve the Labor Agreement; 2) Adopt the Resolution
approving the Memorandum of Understanding; 3) Adopt Resolution approving
changes to the medical premium pursuant to MOU; 4) Alternatively, discuss and
take other action related to this item.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
3. Warrant Numbers 3023438 through 3023512 and 9000614 through 9000614
on Register No. 3a in the total amount of $333,049.88 and Wire Transfers
from 10/22/18 through 10/28/18 in the total amount of $548,335.77. Warrant
Numbers 3023512 through 3023596 and 9000615 through 9000615 on
Register No. 3b in the total amount of $296,387.49 and Wire Transfers from
10/29/18 through 11/4/18 in the total amount of $317,705.59.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and/or adjustments; and
wire transfers.
4. Special City Council Meeting Minutes of November 5, 2018 and Regular City
Council Meeting Minutes of November 6, 2018.
Recommendation — 1) Approval
5. Consideration and possible action
Plans and Specifications for Fire
Improvements, Project No. PW 18-01.
(Fiscal Impact: TBD)
Recommendation — 1) Adopt the attached
Specification for the Fire Station #1
Project No. PW 18-01; 2) Alternatively,
this item.
to adopt a Resolution approving the
Station #1 Chiefs' Living Quarters
0
Resolution approving the
Plans and
Chiefs' Living Quarters Improvements,
discuss and take other action related to
C:
6. Consideration and possible action regarding Environmental Assessment
No. EA-1199 and Zone Text Amendment No. ZTA 17-07 to amend the EI
Segundo Municipal Code (ESMC) prohibiting almost all commercial
marijuana activity to the extent allowed by State Law. The adoption of this
ordinance is exempt from the California Environmental Quality Act (CEQA)
pursuant to 14 Cal. Code Regs. § 15061(b)(3) because can be seen with
certainty that there is no possibility that the ordinance will have a
significant effect on the environment. In addition to the foregoing general
exemption, the following categorical exemption applies: 14 Cal. Code
Regs. § 15308 (actions taken for the protection of the environment).
(Applicant: City of EI Segundo)
(Fiscal Impact: None)
Recommendation — 1) Waive second reading and adopt Ordinance No. 1577 for
Environmental Assessment No. EA-1199 and Zone Text Amendment No. ZTA
17-07 to amend the ESMC prohibiting almost all commercial marijuana activity to
the extent allowed by State Law; 2) Alternatively, discuss and take other action
related to this item.
F. NEW BUSINESS
F. REPORTS — CITY MANAGER
G. REPORTS — CITY ATTORNEY
H. REPORTS — CITY CLERK
7. Consideration and possible action regarding the City's Conflict of Interest
Code required by The Political Reform Act (Government Code § 81000 et.
seq.).
(Fiscal Impact: None)
Recommendation — 1) Consider staff's presentation and this report relating to
options for the City's new Conflict of Interest Code; 2) Provide direction to staff
regarding preparation of the Code; 3) Alternatively, discuss and take other action
related to this item.
7
7
8. Consideration and possible action regarding adoption of an ordinance to
take effect immediately consolidating future standalone municipal
elections in the City with statewide March even year elections effective
2020 to comply with California Voter Participation Rights Act (California
State Senate Bill 415).
(Fiscal Impact: N/A)
Recommendation — 1) Adopt an ordinance to take effect immediately establishing
the new General Municipal Election Dates to be held in March of even years
beginning in March 2020; 2) Alternatively, discuss and take other action related
to this item.
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel —
Council Member Nicol —
Council Member Brann —
Mayor Pro Tem Pirsztuk —
Mayor Boyles —
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
MEMORIALS —
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, et s_q.) for the purposes of conferring with the City's Real Property
Negotiator; and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: IEjf-!�III
TIME: I -0V PM
NAME: /Sd
9
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 20, 2018
AGENDA HEADING: Unfinished Business
Consideration and possible action regarding approval of 1) A Memorandum of Understanding
(MOU) (Labor Agreement) between the City of El Segundo and the El Segundo Police Officers'
Association; 2) Adoption of Resolution approving the Memorandum of Understanding; 3)
Adoption of Resolution approving and authorizing changes to the City's medical premium to
Ca1PERS for each year of the MOU; (Fiscal Impact: $570,000 for FY 2018-19, $684.321 for FY
2019-20, and $1,111,809 for FY 2020-21)
RECOMMENDED COUNCIL ACTION:
1. Approve the Labor Agreement;
2. Adopt the Resolution approving the Memorandum of Understanding;
3. Adopt Resolution approving changes to the medical premium pursuant to MOU; or,
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A. MOU between the City of El Segundo and the El Segundo Police Officers' Association
(POA) (Redline and final version)
B. Resolution adopting the new POA MOU
C. Resolution adopting the contribution towards Ca1PERS medical premiums
D. Exhibits I, II, III representing the salary and incentive pays
FISCAL IMPACT: None
Amount Budgeted: $570,000 (vacancy savings of various sworn police
positions will used to cover the additional MOU costs for
FY 2018-19)
Additional Appropriation: N/A
Account Number(s): 001-400-31Ox (various divisions within the PD) -410x
(various salary and benefits accounts)
STRATEGIC PLAN:
Goal: 3 Develop as a choice employer and workforce
Objective: 1 El Segundo is a City employer of choice and consistently hiring for
the future, with a workforce that is inspired, world-class and
engaged, demonstrating increasing stability and innovation.
ORIGINATED BY: Joseph Lillio, Finance Director and " `
David Serrano, Human Resources Director &)
REVIEWED BY: Greg Carpenter, City Manager IL. '(,J -r 610
-
APPROVED BY: Greg Carpenter, City Manager -SL. &C
1
BACKGROUND AND DISCUSSION:
Staff and representatives of the El Segundo Police Officers' Association (POA) met and conferred
pursuant to Section 3500 et seq. of the California Government Code (MMBA), for purposes of
reaching a labor agreement. Agreement was reached on Tuesday, November 14, 2018.
The City's approach to these negotiations was built upon foundation of fairness, balanced
approach, building trust through open and honest conversations, and seeking to further develop as
a choice employer and workforce.
The following are highlights of changes to the MOU associated with positions represented by this
bargaining unit. Salary and benefit -related items are effective the pay period beginning November
24, 2018 unless otherwise noted:
1. Term: 3 years, October 1, 2018 to September 30, 2021
2. Salary Adjustments:
• 9% effective November 24, 2018
• 2% effective October 1, 2019
• 2% effective October 1, 2020
3. Non-PERSable rentention bonus of $7,500 paid in two bi-annual installments:
■ Bonus #1: $3,750 paid December 2018
• Bonus #2: $3,750 paid December 2020
4. PERS Pick-up: Members agree to pick-up an additional 3% of PERS Payment (total of
12% pick-up);
5. Modify Education compensation to remove longevity requirements;
6. Longevity Pay: modified to convert majority to salary;
7. Health Insurance: an increase in the City's Health benefit:
• Effective 1/1/19: from $1,425.02 to $1,500 monthly allowance
■ Effective 1/1/20: from $1,500 to $1,575 monthly allowance
• Effective 1/1/21: from $1,575 to $1,650 monthly allowance
8. Computer Loan Program: members agreed to eliminate this program.
9. Compensatory Time Off ( CTO): members agreed to 120 hours annual cap
Additionally, the parties agreed to re -opener clause for specific enumerated items, including
proposed changes to the City's Municipal Code covering personnel merit system; workers'
compensation carve -out program; claim arbitration; and any other proposed changes by mutual
agreement.
With this MOU, the City seeks to recruit and retain highly qualified and professional police
personnel. For a number of reasons, this has been a challenging objective. This objective and
associated challenge is shared by most law enforcement agencies which has created significant
competition. The Police Department (Department) is currently experiencing a vacancy rate of
approximately 20%. There are numerous factors that impact individual choices for employment
with salary and benefits being one of the major factors. The Department has implemented many
changes, such as improved training, equipment, and increased opportunities to work specialty
assignments that will important to attracting quality police officer applicants.
This salary and benefit increases and adjustments recommended will compliment these efforts to
make the El Segundo Police Department an employer of choice.
The MOU, as attached, contains all essential terms and conditions.
The additional cost associated with implementation of the POA MOU for the current fiscal year is
approximately $570,000 for 10.25 months remaining in FY 2018-19. Due to numerous current
vacancies, currently nine, within the Police Department, there will sufficient salary and benefit
savings to cover the cost of the new MOU in FY 2018-19. No additional appropriation will be
required. The additional cost for FY 2019-20 and 2020-2021 are $684,321 and $1,111,809
respectively. These amounts will be included in the City budget for those subsequent years. The
total aggregate cost over the three year term of the MOU is $2,366,135.
COMPREHENSIVE MEMORANDUM
OF
UNDERSTANDING
October 1, 20154 — September 30, 20214-8
TABLE OF CONTENTS
Page 1 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI40-029
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
SALARY
Section
2.01
Salary
Page
10
Section
2.02
Regular Rate of Pay
Page
10
Section
2.03
Step Advancement - Accelerated
Page
I 1
Section
2.04
Notice Requirement to Withhold Step
Page
i l
Increase
ARTICLE 3
EDUCATION/CERTIFICATE INCENTIVE
Section
3.01
Educational Compensation
Page
I I
Section
3.02
Certification Requirement for Educational
Page
12
Compensation
Section
3.03
Longevity Achievement on Merit
Page
12
ARTICLE 4
TUITION AND BOOK REIMBURSEMENT PROGRAM
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
Page 2 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
ARTICLE 5
PROMOTIONS
Section
5.01
Salary Differential upon Promotion
Page 14
Section
5.02
Educational Prerequisites for Promotional
Page 14
Positions
ARTICLE
NO -SMOKING CLAUSE
Section
6.01
Establishment
Page 14
ARTICLE 7
OVERTIME COMPENSATION
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
PHYSICAL FITNESS INCENTIVE 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
266104 13 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
ARTICLE 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
1501
Provision
Page 20
ARTICLE 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
Section
16.05
Body or Heart Scan
Page 22
Page 4 October 1, 2014 -September 30, 2018 MOU
266104.13 ELI 40-029
Section 16.06 Maximum Funding of Active/Retiree Ins. Prem. Page 22
ARTICLE 17
II N I FORM ANA A FETY E [IIP:N1ENT
Section
17.01
Provision
Page
22
ARTICLE 18
CELL PHONE 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 EI Segundo to
Page
23
Receive Retirement Benefits
Section
19.05
Retiree Health Insurance Contribution Program
Page
23
ARTICLE 20
DIRECT DEPOSIT and FLEXIBLE SPENDING 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 POLICY
Section
2201.
Policy
Page
24
ARTICLE
23
CATASTROPHIC LEAVE 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
25
Page 5 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
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 EL140-029
ARTICLE. 27 TERM OF AGREEMENT
Section 27.01 Term Page 31
ARTICLE 28 LIMITED -USE TIME OFF
Section 28.01 Limited -Use Time Off Page 32
ARTICLE 29 WORK SCHEDULE
Seclion 29.01 Work Schedule — Prior to January 2012 Bid Page 32
Section 29.02 Alternate Work Schedule — Post January 2012 Bid
Page 32
Page 7 October 1, 2014 -September 30, 201$ MOU
266104.13 ELI 40-029
MEMORANDUM OF UNDERSTANDING
between Ilse
EL SEGUNDO POLICE OFFICERS' ASSOCIATION,
and
THE CITY OF EL SEGUNDO, CALIFORNIA
ARTICLE I 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 ofthe 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 -Febrteoey+ 31-391; Novrmber 23. 2018 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.
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 ELI40-029
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 EI Segundo will not strike or engage
in any work stoppage or slowdown, engage in any concerted failure to report for duty, or fail to
perforin 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.
D. Citv a=cs to providelhg_llssociation with ( I ) ten days' advance notice of an new emnlovice
oricntalion. (2) the mime jab sitle- dcpariment.. work location. lvnrt: home, personal cellular
tele aione number Mrsonal email address and h me address of an y nc%v m to ce Zvi th 30
love- of hire or by the first Rkymrod of the month following hire, and [3] the information in
"2 abovyee- every 120 days for all emtrlovecs in rcoresentad classifications.
Section 1.06 Association Administrative Time
Association is granted a total of three-four hundred. 4i 00] 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, or Chief's designec.
Page 9 October 1, 2014 -September 30, 2018 MOU
266104.13 EL 140-029
Section 1.07 Association Hearing Cost Contribution
The Association will pay for one-half of the costs incurred in connection with Los Angeles County
Civil Service Commission hearings to a maximum of $3,000 per year.
Section 1.08 Maintenance of Existing Benefits
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.
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 ofboth 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.
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 ofthis Agreement
in compliance with State or Federal anti -discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Salary
EMciive November 23- 2018, the City shall create a Step F to the Officer and Sergeant
Classifications, wish a Icn percent( 1014) differential above Step F... An emplpyce,who, is at Sten E
on Novcmbcr 22, 2018 slanll progress to Stcl2 F on Novcmbcr 23.2018. All other cmr�vecs shall
pror ress fo Stepr ager beine pt Sten > Far one year.
In addition to the creation of Step F. EefTectivc November 23. 2018, Tlhe base salary schedule of
unit classifications shall be increased by nine ait 111 f9% as Follows eGeioo!; -e r.nn"^ Ai, 207
wr....•....ber 23�n1 o�n10 also incorporated as Exhibit I):
Step
Ofrcer Base Salary
Sergeant Base .Solara-
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 E
$7655.28
$9590.49 ,,,,.,,, ., _ ...-• Commented [Al]: These need to be updated
Page 10 October 1, 2014 -September 30, 2018 MOU
266104.13 ELI 40-029
The base salary schedule of unit classifications shall he increased by two percent (2%1 as follows
effective the pay Veric,d that includes October 1, 2019 {also incgMgYatcd as F_ xhihitJl
Slea Officer Base Salary Sergeant Bare Salary
Step A$6298.02$7890-12
Step B $6612-93 $8284.63
Step C $6943.58 $8698.86
Step D $7290.76 $2133.79
Step -E 7655.28 9 90.4 ......... :_-f Commented [A2]: These need to be updated
The base salary schedule of unit classifications shall be increased by two percent (2%) as follows
effeciivc the smv mind that includes October 1, 2020 (also ineomprated as Fxhibit11:
Step
Officer Base Salary
Step A
$6298.02
Step B
$6612.93
Sten C
$6943.58
Step D
$7290.76
Sten E
7655.28
Section 2.02 Regular Rate of Pay
Sereemu Base Salam
$7890.12
$8284.63
$8698.86
$9133-79
9590.4 _..„....._...... _......... ........................... Commented [A3]: These need to be updated
This MOU periodically refers to the "regular rate of pay," The "regular rate of pay" is defined in
29 CFR § 778.108 et. seq. The "definition" used in this MOU is for general reference and does not
override the specific definitions set forth in the FLSA. Therefore, as used in this MOU, the regular
rate of pay is the remuneration paid to or on behalf of the employee except gifts, travel expenses,
other reimbursable expenses, payments not mandated by the MOU or other rules/regulations,
retirement and insurance contributions by the City, overtime and holiday pay. These are examples
only and not intended to be an all-inclusive definition of the "regular rate of pay," Applicable
statutes/case law shall prevail over any MOU definitions inconsistent with statues/case law.
The regular rate of pay shall be calculated in dollars and cents rounded off to two (2) decimal places
to the right of the decimal point.
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 unit and is not to be calculated as part of the regular rate of pay nor shall
it be applied to any leave payouts.
FLSA Work Period - The FLSA Work Period shall be defined as eighty (80) hours in a fourteen
(14) day period.
A 11 paid leave shgl I be considered "hours worked" for putmsC-c ofclint�jiity for overtime.
Paid I=t? w! Exe t F, aamsv�xs--1n deirn_ a.. i..-•iiinins-an ._i_.. s _ligi i;ky f - eve..: a ....jPOR q ELh DR,HV-R
werk periet siek leave ARI' L_ e_ L.A_� -he ,o!el h ��Rr
I'Bice'ili�tYs`�': CrfHlld i5-q(7F 9Hint! e!ECItl9tlilr-Forced uvea -uric•
to m an-when-ats-ehe-eYnp yee`is
subpoe; _ei . ....r 44e- (�-rte....
Page 11 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
Section 2.03 Step Advancement"-- . e'er,.erate'
Fmplavices (tired at Stea A shall progress to Sten 8 after sir T§} months. PmLresoons to Steps C
and E shrillbe al twolve-mouth intervolq,with sans r t ve n progression
from Sten E to Step F shall occur automatically after the emplolt vec has been at Step E for twelve
months.
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 — FB Steps) based on exemplary job performance. The
accelerated salary advancement shall not change the affected employee's anniversary date,
Section 2.04 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this agreement to provide employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than
the end of the pay period which begins after the employee's anniversary date.
Section 2.05 Retention Bonuses
inymenI shall be made in the Dgv period that incl udcs_4ecember 7.2018 The one -lime ad hoc
nvmcnt paid is unconnected in pqrfomiance and shall pot be rcfiectcd on an Civ r3av or salary
schedule. shal I rpt be the basis for any Future ncgntiatcd salary increases_ and shall not be reported
s com Mr sation ca mabie.
The City shall make a one-time ad hoc lulnp sum amount payment or Three Thousand Seventy
Hyndred and Fi fly DoIIars ($3,750) ssic' member or the Asgicia ion covy, red by this
Memorandum of U ndcr,standin • wlro was em loved h the City on De r 7 20 S and is
ninivc ly emplovLd by I he City on 7. 7020, The jixyments all be mildin the Mod
hat includes December 7 2020, The one-time ad hoe Davment Niid is unconnect d to
perrormanca and- shaII not he reflected on any City pay, or "larv_schMule. shall not be the basis
For any ruture negoliated salary increases. and shall riot be ren_o_rtcdac comnrmmon camable.
ARTICLE E>DLICATIONICERTIFICATEINCENTIVE
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 conferred/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/swom 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 3.0 1, 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
Page 12 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI 40-029
Formatted: Font: (Default) Times New
Formatted: Indent: Left: 1"
Formatted: Font: (Default) Times New
Formatted: Font: (Default) Times New
Formatted: Font: (Default) Times New Roman, 10 pt
Formatted: Font: (Default) Times New Roman, 10 pt
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,
Subject to the foregoing, employees shall be eligible for education incentive compensation as
follows (and as shown in Exhibit:
1. Qualification for and possession of either 60 units, or AA degree, or Intermediate POST
Certificates.; d eempletien of _ "` - � �+rern 1 w--`efeefnent seHiee shall entitle
employee to Two•Hundred and Ninety Eisln Dollars and fen Cents (5398.10) for
OfFirws and 'rhre-c-Hundn:d SeventyThrcg and Forty -Four Cenls (4373.44) for
Sergeants. 4he-detirr itmormrr unt in --rant in r_.,IHs•v��.:••�m-.,�BY,fits'j1-19-IVIitcSiFi�'_ -. •'
mple
entitled.
2, Qualification for and possession of either 60 units, or AA degree, and Intermediate POST
Certificate a iter" s.�tshall
entitle employee to Four 11undred and Sixty-Scycn Dal tars and Twenty -Nine Cents
S4 6 7.291 For QiTic rs and F i ve Flun red ad Si sty DolIam and Sixteen Centc (S560,16
for Serr_eants..-t4"ogefanrountin Cr;' � r -m:' ate- kipL-MefHo-wWeh the e^vpkYtee45
entitled.
3. Qualification for and possession of Advanced POST Certificate and n e
three4a+-yearrakworn4aw-enforcement-serYieo-shall entitle employee to Seven
Ilundred and Sevcnty Daltors and, Sevemv.One Cents 5770.71 for Officers and Ninc-
1 lundred and Fifty Ong Dollars and Fifty -Six Cents tS951,561 for Sergeants. th"eller
arrxtu+tt-io- Fx�ury akp to whiels the w�ntitl _
4. Qualification for and possession of Bachelor's degree Rod entxy�letion al three [3}}eo�r e€
4woat,4a '� �,�-_": e se +ee-shall entitle employee to Ninc Hundred and Sixty -Three
Doi lars and 1 isirSv-S v�C •n s -963.371 for OMeeM. and OncMirig sand.One-HundnSd and
Twcn tv Dollars and Thirtv-Fa ur Cents 151 12 0.341 forrgeants .iHa daNnFanroettF in E+�t+bit
-4-in-thc-5a;-tl;j- wp-to-wh hihe-e ple��
5. Qualification for and possession of Master's degree and eprnplelietwFlon� (�}rearg of
ow n -low a irforeein"ll-ser weshall entitle employee to One Thousand Three -Hundred and
Filly -Three Doll rs and Sixty -Two Cents [51353.62] For Officers and Onc Thousand Six
Hundred and TwcntvTwo Dollars and Fighty Five Ccnls(� l 622.85) for Sergeants. the
f3flt4Rf-a tT'nriir' :•• r_••irrrr-c-�r.irim-r..�s•:�:•• •�'e.51iIaP7-5413a-1e-1tiii2 .
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."
Page 13 October 1, 2014 -September 30, 2018 MOU
266104.13 ELI 40-029
Section 3.03 LongevityAckievemem nii N1eF44
1. 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, -------- Formatted: Indent: Left: 1.5", No bullets or numbering,
Tab stops: Not at 1.63"
1• -`Upon completion often years of paid, full-time sworn law enforcement service
i` -i 3 -Upon completion of fifteen years of paid, full-time sworn law enforcement service
1C_Upon completion of twenty years of paid, full-time sworn law enforcement service
{-D. Upon completion of twenty-six years of paid, full-time sworn law enforcement service
2. Employees hired after February 21, 2017 shall be compensated for longevity in the following
eiF6UFflStaReeS, as is -set forth above. extent ftc. emplovees shell not be elinible for the M-vear
loneevilvslen.ii R ;,444
A. etias ofs x -year" r..,l Ome � 5wam low t! er
—B foFkplrFlUl FhFTlfi rr� M _r..UA Nil . _e 5WRfR le.....Mfbreelm..e .�, •,�
:d r..lr .:_.. -..._....urea_ nor-..
�r�4fivwe{uerir� �b r^.leng".:• -- nres*y>IuytrshelFees�re lo-rs+�aiv�sueh�rny%tFringani time
prr3od tltn : rLpleyee d _ n__..`_ _quite a is br ienge..:i. _ ,r.1._ _pt_�
Suspa.'Fk-IL'd- Aheiii payz af the _.....1,...ee'5 _ e i Fecc'i=<uRnn :FPnEa•8i`n3•wAtetenr-rsi W
brfo+r-5tnrrdntel-or�rnsfltisfaciarv. #a-e+�pls:.,�-r..-n_ 1..�_., e.:.�..�ibik+!r-lo-recetue-Fhrs
Ix nrFil•-bees use-ef-a-sainlstsHllrE:I-anntsel�rer4'oris}ene�evlr}untian-sltall•itr-r�uluntzd-�aeirtzr�y
kifeaReFuntil the}aperykwe deems gwkrtet %' eh' llitat.•.•.- .v a s0a rtv� I6R#er--R0e0Su.5• n
di1i�IQrJCY-R'eYkVN5--lii5--n+�l� i�9�f��k8n inC�5FHi#aiHFF�--[4i-FIiJOh•e--!he
1...14 Irk,. d a �aRe C.....: !1 ..e 1 � II......
tEe`il--sl "`itHe�o, �.:.,=.,cr�vrnT..Sli
r ankFeatiwrsrnd mny�let3ie rune+ J unttHise r> oyee-teceive5 a faril =�-`- tondard
nr�rwsgiisfaeisriwnnulsi-evu{uHteerr
3. Consistent wish the years -Ione oast nmctice. any refcrencc to employees being rcnuind to havcF Formatted: List Paragraph, Numbered + Level: 1 +
or maintain an y performance standard to receive Longevity Pay is hereby striken as having not Numbering Style: 1, 2, 3, ... + Start at: 1 +Alignment: Left+
been A}lpllCRhle. Aligned at: 1" + Indent at: 1.25' ►....._............................ .....
--- Formatted: Font: 10 pt
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all unit
members:
Section 4.02 Undergraduate Studies (Studies undertaken inpursuit ofan 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,
Page 14 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
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 Chie£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;
The City shall reimburse each affected employee pursuing post -graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies;
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of"C" or better (or where classes
are taken "pass/fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
Section 4.04 Tuition Reimbursement Program - effective August 1, 2003.
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 5 PROMOTIONS
Section 5.01 Salary Differential upon Promotion
The City shall have the option to compensate supervisors newly appointed to their positions after
MY
, '' °QE' °Q6 t 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
+ry-appWairt-reekii e in any 5egn:a iii a F a S a rgenl s esurrtinaFi�ss
Asseeietevs-Degree e. I.: h - ' - - m - -- - :-..>seFiptdueetnae+}ti six4y 44"K -"Fe Se Me er
H1F1i`S�r n-tl;lrH'all9ii-viiiCltMt-n�iHlFt!'i'9riQiHHH#1�•, eafmie! . ._..1.... nW.+ T
relit-6-WIiVCF54Y 6Frt6ik#e-fletlfL'dited by POST ..t.....raYds,
4—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) ofthe examination.
Page 15 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
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Sectio n-6.41—I•r' s la hl is h mcn t
A4-peffsen*4�played--o roll as a eenci�,;e;ra; �.titiuF a:td rankittaed
atnployntattt�e€rain-£ramsmol:ing-arxllort�sing-tobacco-products at-est!rtir>te
ARTICLE 67 67 OVERTIME COMPENSATION
Section 7.01 Pay for Public Relations Appearances
Police Officers and Police Sergeants who are required by the Chief of Police to make presentations
to community groups on an overtime basis shall be compensated at one and one-half times their
regular rate of pay.
Section 7.02 Court On -Call Pay
A. Except as set forth below, off-duty personnel who are placed in on-call status for court during
either the morning or the afternoon session will receive three hours of paid overtime at a rate
of time and one-half his/her regular rate of pay as defined in this MOU for each session the
officer is in an on-call status, Off duty personnel who are placed in on-call status for court
during both the morning and the afternoon sessions will received six hours of paid overtime at
a rate of time and one-half his/her regular rate of pay,
Officers will not receive on call pay if they are:
1. Called into court that session (in which case the employee will receive call-back pay):
2. Ordered to report to work;
3. Already receiving pay from the City for any other reason (e.g., IOD, administrative leave).
A. 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 atone 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 differential pay in the amount of $511.01 (Police
Officer) or $640,19 (Sergeant.). The onrties acrm that to the exlcnt permitted by ln'.v, this is smcia]
Page 16 October 1, 2014 -September 30, 2018 MOU
266104.13 ELI 40-029
Section 8.02
compensation and shall be reported as such pursuant to Talc 2 XR Section 57len)(4). molorcycic
Patrol Premium -
The City shall pay detectives, canine officers and employees designated by the Chief of Police as
having special assignments, $425.84 per month. The tlarlies armee that to the extent permitted by
w's is s •ci I compgrisation and shall be reported at: such pursuant to TillTille 2 CCR Section
571taN41. Delective Division Premium, Canine Officer Premium, respectively.
Motorcycle Maintenance
that Motorcycle aim na ce shall cur durin • an employee's regular working
hours.
lieahlc Formatted: Font: Bold
1listonca t.RnttuagC or c erenee_ n_v_(n_n_longer app • • is .-.- ,
By and through the Association, those unit members assigned to motorcycle duty agree that the L Formatted: Font: Bold
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.��rtrlho—FrioLor
naneu^^• ^1 -ll BeeU F 1.-: �eTl�Le rcc'qic�u.!
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The parties acknowledge that the FLSA, which governs the entitlement to compensation for
motorcycle cleaning and maintenance, entitles the parties to agree to a reasonable number of hours
per month for the performance of off duty maintenance and cleaning duties. The hours represented
by the above stipend in this agreement were determined after an actual inquiry of the officers
assigned to motorcycle duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9' Cir.
2004.) It is the intent of the parties through the provisions of this section to fully comply with the
requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply
with the requirements of the FLSA.
Since at least 2000, the method of agreeing upon the above stipend and its amount have been in
accord with requirements of the FLSA.
Section 8.03 Canine Unit
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The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine
care and maintenance, entitles the parties to agree to a reasonable number of hours per month for
the performance of off duty care and maintenance duties. The parties hereby agrec that canine
officers shalt be comnen sated for off-duty care and maintenance of the.doa in she amount of fi fleen
( 15) hours monthly- at the applicable minimum wnae rate- The hours represented by the above
mipendthis pnvmcnt in this agreement were determined after an actual inquiry of the officers
assigned to canine duty, as addressed by Leever v. City of Carson City, 360 F,3d 1014 (9's Cir.
2004.) It is the intent of the parties through the provisions of this section to fully comply with the
requirements of the FLSA. In addition, all parties believe that this section ofthe MOU does comply
with the requirements of the FLSA.
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Page 17 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI 40-029
Me mber, of t [ion w ho are assi n •d caninr offieerti at the time this A gree ent is execute•
agree tqjjM an indivi uaI waiver of an v ggtandaI claim under the F1.SA for the rrorn of
oFf dutv care and maintenanee of the dor Vgf
orrpA prior to November 23. 20 Ism
Section 8.04 Bilingual Pay
The City will be responsible for utilizing a standardized, industry accepted test to determine
applicants' qualification for Bilingual Pay. An employee who demonstrates conversational fluency
in Spanish (or another language designated by the Police Chief,) and is assigned to duties in which
language skills are regularly used, shall be entitled to premium compensation of $283.90 (Police
Officer) or $355.66 (Sergeant) monthly. The Mrties agree that to the cxlent permitted by law. this _ _4 Formatted: Font: 10 pt
is snarial compensation acid shaiI be reported as ,uch pursuant to Tit! C , CCR_5ccuon 5.111a](1.
Bilingual Premium.l. Formatted: Font: 10p1t
ARTICLE 9 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 9.01 Purpose
It is the purpose ofthe EI Segundo Police Department Physical Fitness Program to improve the level
of physical fitness and health among sworn police personnel so that their field performance will be
enhanced and also to improve their overall degree of wellness as an enrichment to their personal
lives as well as a productivity benefit to the City.
Section 9.02 Department Policy
It will be the policy ofthe Police Department to work with officers individually and assist those that
need to improve their lifestyle habits in order that fitness levels can be improved. There is no
"failure" in participation, only the identification of needs and the recognition of strengths.
Section 9.03 Program Components
The Physical Fitness Program will consist of two basic components; they are a fitness examination
and a fitness assessment.
A. Fitness Examination:
The examination will be comprehensive and will include the cardio -vascular system, the
pulmonary function, a complete blood work-up, body composition analysis, and the lower
digestive tract as well as a strength assessment. It will also include a complete medical history
review with a physician and a subsequent review of the findings as well as an
exerciselnutritional prescription.
B. Fitness Assessment:
1. The fitness assessment is the voluntary component ofthe 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 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
d. Flexibility
The assessment will be administered quarterly and will apply standards developed and used
by the Cooper Aerobics Institute, Dallas, Texas, and will include sliding scales based on
age and sex.
3. From the assessment will be developed a profile which will categorize participants into
levels of fitness. Incentive provisions would then reward participants depending upon their
fitness level
4. Rewards would also be available for significant achievements and improvements. These
rewards will be in the form of T-shirts, sports bags, sporting equipment and other similar
incentives. It is thought that these types of rewards could be influential in maintaining
interest and enthusiasm in those participants who would not otherwise qualify for fitness
achievement categories.
ARTICLE 10 COMPENSATORY TIME
Section 10.01 Maximum Accrual
A separate bank shall be established for the accumulation of compensatory time off, with a
maximum accrual of eighty z ne hundred an tvrcnty 120 hours. The time bank shall be
divided into separate banks for physical fitness and compensatory time off and the compensatory
time bank shall be credited first with the remainder credited to the fitness pay.
Section 10.02 Physical Fitness Bank - Maximum Accrual Fitness Compensation
A separate bank shall be established for the accumulation of physical fitness time off, with a
maximum accrual of fifty (50) hours. City has the option to pay the employee or increase the time
off bank for physical fitness bonus after 50 hours, with no payoff of accrued time upon separation.
Section 10.03 Firearms Qualification
Police Officers and Police Sergeants will be compensated at their regular hourly rate of pay for
firearms qualification as follows:
Class
Distinguished Expert
Expert
Sharpshooter
Marksman
Qualifying
ARTICLE 11 HOLIDAY PAY
Section 11.01 Eligible Officers
!•lours per Quarter f3 Calendar Months}
8 hours
6 hours
4 hours
2 hours
0 hours
Employees in This tlnif"Ama el Whowl^-'• ..". ::l shall be credited with 120 hours of
paid holiday leave in their holiday bank. Holida pay shall be rcporwd to CnIPERSs�pcnsalion
in the pigy period in which the holiday falls, F.tnplov_ecs_ehal_be poid the holiday INY w the
employee's regu Is rote of pay.. -
Page 19 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI 40-029
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 swom law enforcement officer, will be compensated at 90% of the employee's accumulated,
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, claims, 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
Ereci Nle-date-&fado H"ve€4Jl"QkWJ e City G; il-e.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 thednK apnclflptifln of this ]r98H
ky NIy �eunetF n�C}n 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.
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Page 20 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI 40-029
Section 12.05 Family Emergency Leave/Sick Leave Utilization
Employees shall have the right to use nine (9) days of accumulated sick leave for family
emergencies. Emergencies are generally of a medical nature, for illness or injury of a family
member. 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.
ARTICLE 13 VACATION LEAVE
Section 13.01 Accrual Schedule— For Employees Hired On or After July 1, 1994
Vacation for employees hired on or after July 1, 1994, shall be accrued pursuant to the following
schedule:
A. From commencement ofthe 1st year of service through and including completion ofthe 51 year
of service — 96 hours per year.
B. From commencement ofthe 6th year of service through and including completion of the 101
year of service — 120 hours per year.
C. From commencement ofthe 11th year of service through and including completion ofthe 151
year of service — 144 hours per year.
D. From commencement ofthe 16th year of service through and including completion ofthe 16'
year of service — 176 hours per year.
E. From commencement ofthe 17' year of service and for all years of service thereafter up to and
including the 251' year — an additional 8 hours per years of service (i.e., 17 years = 184 hours,
18 years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours ...
25 years and each year thereafter— 256 hours),
Section 13.02 Accrual Schedule - For Employees Hired Before July 1, 1994
Vacation for employees hired before July 1, 1994 shall be accrued in accordance with the following
schedule:
A. For the first seven years of continuous service with the City — 96 hours per year.
B. After seven years and until the completion of fourteen years of continuous service — 136 hours
per year.
C. After fourteen years of continuous service and until the completion of sixteen years of
continuous service — 176 hours per year.
D. From commencement ofthe 171 year of service and for all years of service thereafter up to and
including the 25' year — increasing 8 hours per year of service (i.e., 17 years = 184 hours, 18
years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e,, 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours ...
Page 21 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
25 years and each year thereafter = 256 hours)
Section 13.03 Vacation Sell Back
Commencing February 21, 2017, the City will allow employees in the Association to sell back 100%
of their annual vacation accrual at the base rate ofpay during a single payroll period to be determined
each fiscal year by the employee. The vacation sell back option is available for use by the employee
after completion of one year of service with the City. All vacation payouts shall be at the base rate
of pay and shall not include the nine percent (9%) PERS member share. 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.
ARTICLE 14 BEREAVEMENT LEAVE
Section 14.01 Maximum Leave Time
The practice ofgranting three (3) working days ofbereavement leave per incident shall be increased
to 40 hours per incident in those circumstances where travel to a funeral or other memorial
proceeding is 500 or more miles one way as measured from the EI Segundo City Hall.
Section 14.02 Immediate Family Members Defined
The definition of the "immediate family" whose funeral or memorial proceeding qualifies for use
of bereavement leave, shall include the children, parents, siblings, grandparents of the employee,
the employee's spouse or significant other.
ARTICLE 15 JURY DUTY
Section 15.01 Provision
Employees shall be entitled to a leave of absence for Jury Duty, subject to compliance with all of
the following conditions:
a. The employee must provide written notice of the expected Jury Duty to his or her supervisor as soon
as possible, but in no case later than 14 days before the beginning of Jury Duty (defined as the date
on which the employee is directed by jury summons to either commence telephone contact with the
jury administrator and/or appear in court.)
b. During the first two weeks of Jury Duty, an employee shall be entitled to receive his or her regular
compensation.
c. For any portion of Jury Duty that extends beyond the first two weeks, such extended Jury Duty
period shall be without pay unless, the employee presents written evidence that the court estimated
during 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.
f The employee must provide documentation of his or her daily attendance on Jury Duty.
Page 22 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
ARTICLE 16 HEALTH BENEFITS
Section 16.01 Medical Insurance Continuation - On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an Association member has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall
continue to make group medical insurance premium payments on behalfofthe surviving spouse
until age 65, Medicare eligibility, whichever comes first, and to the children of the deceased
officer until age 18. Said medical premium payments on behalf of the children of a deceased
officer shall continue if at age 18, the child commences uninterrupted college enrollment, but
not to exceed the age of 23.
B. The City -paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased officer was receiving at the
time of his/her death. For example, if at the time of death, the officer was enrolled in a specific
HMO Plan, then future premium payments made pursuant to this article shall be in an amount
required to maintain comparable plan benefits.
Section 16.02 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
employees and eligible dependents to the maximum dollar amount of $85 per month. Effective
August 1, 2005, the City's maximum dollar contribution will be increased to $135 per month. The
City will apply the maximum dollar amount to the payment of the various premiums in the following
order of precedence: optical insurance first, then life insurance, and finally dental insurance
A. The City will adopt a dental plan and pay the premium cost for employees only. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage; however, the City agrees to consult with employees through the insurance committee
and consider all suggestions and presentations on the insurance plan to be purchased.
B. The City will provide every member of the Association with $10,000 of life insurance at City
cost. The City reserves the right to determine the insurance carrier with whom the City will
contract for coverage.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. Selection of the vision insurance plan carrier shall be made by the City.
Section 16.03 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 16.04 City Medical Contribution
Effective for the medical gremiumin Ion uary 2019 tlwoug4F-Mare," ., ,, A_4".'he maximum
monthly medical contribution by the City is $15001334.91 per employee per month. Effective
AP&4-,- 817%r the medical premium in ]anunny 2020, the maxim4m mombty' medical
Mn ribution ral&shall increase to$157541425.01 The rola oS 51A?5 0?sltali-ramuirFtp•effeet for
them m monihiv
contribution shall incrcaac la 51.650.
Page 23 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI 40-029
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 current
monthly rate is $9.52 and is subject to change.
Section 16.05 Body or Heart Scan
Commencing July 1, 2008, each employee shall be eligible to receive a "body or heart scan" to be
conducted once every two (2) years at City expense. Eligibility for the "body or heart scan" shall
be determined by the examining physician at the Westchester Medical Group/Center for Heart and
Health during the employee's annual examination pursuant to the July 3, 2003 FITNESS FOR
DUTY POLICY. The physician shall determine whether or not undertaking a "body or heart scan"
is reasonable and appropriate.
ARTICLE 17 UNIFORM AND SAFETY EOI APMENT
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 a weapon selected by the Police Chief. Effective the
date of adoption of the MOU, the uniform allowance shall no longer be provided to members of this
bargaining unit
ARTICLE 18 CELL PHONE STIPEND
Section 18.01 Monthly Stipend
Employees designated by the Chief of Police may receive an eighty dollar ($80) monthly stipend to
offset the cost of utilizing their personal devices for work-related purposes.
ARTICLE 19 RETIREMENT BENEFITS
Section 19.01 PERS Retirement Formula
A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
B. Tier II -Employees covered by classifications in this bargaining unit who are hired on or after
October 6. 2012 and are otherwise not a "new employee" and/or "new member" of CalPERS under
Government Code Section 7522.04 of AB340, also known as the California Pension Reform Act of
2013, shall be 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 2.7%@57 retirement formula as well as all other statutory requirements established
by AB340.
Section 19.02 PERS Payment Pickup
Employees who are "classic" members, as defined by the California Pension Reform Act of 2013
(AB340), shall pay their statutorily required nine percent (9%) employee contribution to CalPERS
effective March 4, 2017 and simultaneously with salary increases identified in Section 2.01 (ie
employees shall pay an amount equal to 9% of compensation eamable as the employee contribution
to PERS). In accordance with Resolution No. 4497 the City shall treat this contribution as an
Page 24 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
employer contribution for purposes of employee federal and state income tax withholding as
authorized by Intemal Revenue Code (IRC) Section 414(h)(2).
Eftglive November 23. 2018 --'classic' members- as de Fined by the California Pension RcrorIn Art
of 2013 tAB3401, shall nay an additional three percent (3%) empiovec contribution io COPEA5
simultaneously tviIItthe salary increases idcnt red in Section 201. tEmplevecs shall pav an amount
equal tol.+rlvc [ 1? ] Ix rcCnl ofcntnpc ttsa=ion camable as the cmnlovcc contribution to PER S, These
deductions shall be nye-tax- and be pursuant to Califomia Govemment Code sectian 2051WI until
such time as the City amends its cammct withCnl PEAS to make tttr_dcd�clisn purs�ani tp Catiforn
Government Code section 10516(n).
Section 19.03 Optional PERS Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits in accordance with Government Code
§ 21574.
B. The City shall provide Pre -Retirement Option 2W Death Benefit in accordance with
Government Code § 21548.
C. The City shall provide the Single Highest Year formula for "classic" members only as defined
by AB340, in accordance with Government Code Section § 20042.
Section 19.04 Minimum Service with City of EI Segundo to Receive Retirement Benefits
Employees who retire must have earned service credit with CalPERS 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 1 dependent, In addition, employees are eligible for payments of unused sick leave pursuant to
Article 12.
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
ARTICLE 20 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
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
Intemal Revenue Code.
Page 25 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI 40-029
ARTICLE 21 COMPUTER LOAN PROGRAM
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).
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c 0.5 + 0.75' + 1" + 1.25" + 2" + 2.13" + 2.25" + 2.75"
+ 2.88" + 4" + 4.25"
liffcctive November 23.2018- the Computer Loan Procmm sha}I he ciiminated for members of thi.
Unit. The City shall honor the computer loan r�uests from the seven unit members who have
submitted such requests prior to November 23. 2018. subject to the guidelines ofthe pmgram.
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.
F. Loans shall be repaid through payroll deductions over a 3 year period. Outstanding loan
balances must be paid off at the time that an employee separates from City service and the City
shall be authorized to recover any loan balance by making deductions from the employee's final
check.
ARTICLE 22 MATERNITY POLICY
Section 22.01 Policy
An officer to may transfer to a light duty assignment, at any point during pregnancy, with
physician verification of a need for placement in a light duty assignment. Additionally, an officer,
upon return from leave of absence, will resume her previous assignment or bid on a position
wherever possible.
ARTICLE 23 CATASTROPHIC LEAVE PROGRAM
Section 23.01 Definition of a Catastrophic Illness or Injury
A catastrophic illness or injury is a chronic or long-term health condition that is incurable, or so
serious that, if not treated, would likely result in a long period of incapacity.
Page 26 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
Section 23.02 Eligible Employees for Donation and Program Usage
A. All permanent full-time or part-time sworn employees will donate 6.00 hours of either sick
leave, vacation or compensatory leave time, per year, to the catastrophic leave bank, until a unit
total of 1,000 hours have been contributed to the catastrophic leave bank. Employees may
donate additional time to the catastrophic leave bank by completing a Calusfrnnhic !.rove Time
Nnariim Begirt Aarm prior to donating more accumulated leave time. Employees, or their
designated representative, requesting use of the leave bank must complete a Reaacst In Retrive
Colusb%rd is heave rime Fixer as soon as possible prior to, or within a reasonable time frame
after, catastrophic illness or injury. Completed forms must be submitted to the Director of
Human Resources/Risk Management or his/her designee.
B. Forms are available from the Human Resources Department. The Human Resources
Department will maintain all Catastrophic Leave Policy materials.
Section 23.03 Policy Procedures
A.
Administration - This bank will be administered by a joint employer/employee committee
composed oftwo (2) representatives from the EI Segundo Police Officers' Association, one (1)
from the Human Resources Department and one (1) from the Finance Department.
B.
Donatian Requests - In addition to the July 1 mandatory donation, eligible employees may
transfer additional accrued sick leave, vacation or compensatory leave time for donation to an
employee, or employees experiencing catastrophic illness/injury and who have exhausted all
other personal leaves. Donated time can only be made in increments of four (4) hours.
Additionally, employees shall designate whether their 6.00 hour contribution made to the
catastrophic leave bank shall be made from the sick, vacation or compensatory leave banks.
Should recipient employees not use all their allocated donated time, any balance will remain in
the bank for future utilizations.
C.
Transfer requests will be reviewed by the Catastrophic Leave Committee for approval and for
verification that the donating employee maintains the required minimum 100 leave hours after
his or her donation.
D.
Donations of accumulated time are irrevocable.
E.
Catastrophic leave shall not be used to supplement leaves due to industrial injuries or illness.
However, catastrophic leave may be used to supplement long-term disability benefits.
ARTICLE 24 LAYOFF PROCEDURES
Section 24.01 Grounds for Layoff - Whenever, in the judgment of the City Council, it becomes necessary to
reduce the workforce, an employee may be laid off, reduced in classification or displaced by another
employee Such layoff, reduction or displacement shall result from action of the City Manager or
his or her designee. The City Manager shall recommend to the City Council each classification to
be affected by any such change.
Section 24.02 Notice to_Emplozecs -An employee filling a full time position shall be given fourteen (14) calendar
days prior notice of layoff. Employees transferred, reduced or displaced shall be given five (5)
calendar days' notice. The City Council may approve a reduction in the notice requirements, if so
recommended by the City Manager.
Section 24.03 At -Will Emnlovees -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
Page 27 October 1, 2014 -September 30, 2018 MOU
266104 13 EL140-029
probationary employee shall revert to his/her previously held classification and position without loss
of seniority.
Section 24.04 Proccdu res far I.nvnff - 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 fsreakine Ties - In cases where two or more employees have the same date of hire (i.e. equal
seniority), retention points for job performance shall be credited on the basis ofthe average ofthe
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 ofthe 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 offfrrst. 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 Reduction toii. Vacant Posilian - An employee designated for layoff as a result of abolition of a
position or classification may be offered appointment to a vacant position in a lower classification,
if the employee is qualified by education and/or experience for such position. If there is more than
one qualified employee to be offered such appointment(s), the offer(s) shall be based on seniority,
with the employee with the highest seniority offered the position first, then the next highest seniority,
etc. If the employees have the same seniority, then the procedure for breaking ties set forth above
shall apply. An employee accepting such appointment shall be placed on the step for the lower
classification most closely corresponding, but in no case higher, than the salary step of his/her
previously held position, and the employee will be assigned a new salary anniversary date on the
effective date ofthe appointment.
Section 24.07 Disnlntement Rirbts
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 Salary Placement
An employee who is assigned to a lower classification as a result of a displacement (bump) shall be
placed on the step ofthe salary range ofthe 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.
Page 28 October 1, 2014 -September 30, 2018 MOU
266104 13 EL 140-029
Section 24.09 Reemolo�,ment List
The names of permanent employees who have been laid off under this section (including employees
who have bumped down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for which the employee is
qualified by education and/or experience. Persons on such lists shall retain eligibility for
appointment therefrom for a period of three years from the date their names were placed on the list,
As a vacancy within a classification or lower related classification becomes available, the name
appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an
individual selected from the list to fill the vacancy who refuses the reemployment offer shall be
permanently removed from the reemployment list without right of appeal. Laid -off employees do
not earn seniority credit or benefits while on the reemployment list.
Section 24.10 Letter of Lavoff
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 Riphts on Reemployment
If a person is reemployed by the City within three years, the employee's seniority, sick leave and
vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall
also be reinstated to the extent that the employee did not receive compensation for such earnings at
the time of layoff. Upon reemployment, employees will be placed on the same salary step held at
the time of layoff.
Section 24.12 Appeal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , the employee shall
be treated as if he/she had been terminated for disciplinary purposes and shall be permitted to appeal
the decision per the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or
displacement rights, may file an appeal to the Director of Human Resources/Risk Management.
ARTICLE 25 GRIEVANCE PROCEDURE
Section 25.01 Definition of Terms
Grimnee - A grievance is an alleged violation, misinterpretation or misapplication of a specific
written departmental or agency rule or regulation or a specific provision of a Memorandum of
Understanding, A grievance is distinct from an appeal arising from disciplinary action in that it a
grievance is a violation, misinterpretation or misapplication of a specific written departmental or
agency rule and/or policy or specific provision of a Memorandum of Understanding.
GtleVaat - A grievant is an employee or group of employees adversely affected by an act or
omission of the agency.
Day - A day is a business day (Monday -Friday)
Immediate Suncrvisor - The first level supervisor ofthe grievant
Page 29 October 1, 2014 -September 30, 2018 MOU
266104 13 ELI 40-029
Section 25.02 Time Limits
A. Comnliancc and Flexibility
With the written consent of both parties, the time limitation for any step may be extended or
shortened.
B. Calculation ofTimc Limier
Time limits for the appeal provided in each level shall begin the day following receipt of a
written decision or appeal by the parties.
C. Failure to Meet Time Limits
Failure at any level of this procedure to communicate the decision on a grievance by the City
within the specified time limits shall permit lodging an appeal at the next level ofthe procedure
within the time allotted had the decision been given. I£ the grievance is not processed by the
grievant or grievants in accordance with the time limits, the decision last made by the City shall
be deemed final.
Section 25.03 Procedure
Grievances will be processed as follows:
A. Level I - Within ten days oft he date the employee roasattably knew or should have known of
the incident giving rise to the grievance, the employee should make an effort to resolve the
grievance informally with the employee's immediate supervisor. The supervisor shall hold
discussions and attempt to resolve the grievance within five (5) days.
B. Level II -If the grievance is not resolved at Level I, the grievant may submit a written grievance
to the second level supervisor within five (5) days following the expiration of time at Level I.
1. Procedure for Fi i icv&nee -In filing a grievance, the employee should set forth
the following information:
a. If possible, the specific section of the departmental or agency rules or regulations
allegedly violated, misinterpreted or misapplied.
b. The specific act or omission which gave rise to the alleged violation, misinterpretation
or misapplication.
c. The date or dates on which the violation, misinterpretation or misapplication occurred.
d. The documents, witnesses or other evidence which support the grievant's position,
which are known to the grievant at the time of filing the grievance, shall be presented
with the grievance and may be supplied after the initial filing of the grievance.
e. The remedy requested.
C, Level III - If the grievance is not resolved by the second level supervisor, the grievant may
present the grievance in writing to the department head within five (5) days. The department
head will respond in writing within ten (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
Page 30 October 1, 2014 -September 30, 2018 MOU
266104.13 ELI 40-029
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.
ARTICLE 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.
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
subjected to punitive action (as defined by Government Code § 3303) consisting
of a written reprimand, a transfer for purposes of punishment, specialty,
assignment, bonus, or similar pay, or a suspension for five (5) or less days, is
entitled to an administrative appeal only pursuant to this procedure. An officer
Page 31 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
shall not be entitled to appeal an action prior to its imposition.
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.
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 home by the
Association and the City.
Appeal of Written Reprimands
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 ofthe officer's intent to appeal the written reprimand.
The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
Hearing Officer (Appeal of Written Reprimands Only)
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.
The City Manager level administrative appeal shall not be a trial -type
evidentiary hearing. The limited purpose of the hearing shall be to provide the
officer with an opportunity to establish a record of the circumstances
surrounding the action and to seek modification or rejection of the written
reprimand. There shall be no subpoenas issued (for people or documents.)
Appeal of Other Punitive Action
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.
The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
B. The appeal shall be presided over by a hearing officer selected from a list of nine (9) provided
by the State Mediation and Conciliation Service. The hearing officer shall be selected by
alternate striking of names by the respective parties.
Conduct of Hearing (5 days or less suspensions, transfers for purposes of
punishment, reduction in salary caused by a reassignment.)
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,
Page 32 October 1, 2014 -September 30, 2018 MOU
266104.13 ELI 40-029
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.
Section 26.05 Drug Free Work Place Policy
The City and the Association mutually agree to reopen the Memorandum of Understanding
regarding the City's Substance Abuse Policy and Drug Free Work Place Statement, drafted July 1,
2008.
ARTICLE 27 TERM OF AGREEMENT
Section 27.01 Term
The term of this MOU shall commence on October 1, 20184 and shall end on September 30,20LI a
other re•oWn_the Agreemcnt to discuss the fol Iowin its
() Modifieatians to dic MuniciIpa Code
(h)Arbitralion ofclaims: andofclaims: and
�e�Worlccr'aCom�cnsation Carve Out prn�nmCarve Out prn�ram.
All :, ree�tl+� hon es to these items are sub rc:t to mutual n m em.
Page 33 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
Formatted: Tab stops: Not at 1"
Formatted: Indent: Hanging: 2", Tab stops: Not at 1.25"
Formatted: Font: BoldFormatted: Font: Bold
j Formatted: Tab stops: Not at 1.25Formatted: Tab stops: Not at 1.25
•......... Formatted: Indent: Left: 0", Tab stWo. Not at 1.25'
ARTICLE 28 "LIMITED USE" TIME OFF
Section 28.01 "Limited 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 in Section 2.02."
ARTICLE 29 WORK SCHEDULE
t_.TMV t-ul!�!YM aM+•+1rn rlra s'i�i
Uaitemployees esslgik-&to-Favol-shall-wofk-a-N•W-work-,-qeltedale4h
__...._......:....e•.. -i. .ii f5-AM�1
ekyst--{i '3
o..v-v-4_rnxF&vR-- pin .v -meal
Section 29.012 Alternate Work Schedule --post danear"''�d
Effective coincident with the start of the January 2012 bid, employees assigned to Patrol will work
either a 3/12.5 or 3/12.5 - 4/10 hybrid schedule. The determination of which schedule is used
shall be made jointly by the police chief and the Association.
a. 3/12.5 schedule - consists of a weekly schedule of three consecutive work days of 12.5
consecutive hours each (inclusive of paid breaks and a 45 -minute paid meal period) followed
by three consecutive days off. In addition, each employee shall be scheduled to work one
additional shift each of 10 consecutive hours (inclusive of paid breaks and a 45 -minute paid
meal period) each 28 days.
b. 3/12,5 — 4/10 hybrid schedule — consists of having some employees being regularly assigned a
3/12.5 schedule (see above) and others being regularly assigned a 4/10 schedule (see Section
28.01, above), The determination of what days of the week will be assigned either the 3/12.5
or the 4/10 shall be made by mutual agreement ofthe parties,
Formatted: Indent: Left: 0"
,Section 3LO Emplace ReferraL RonuS
Formatted: Font: 11 pt
Formatted: Font: 11 pt
Any Unit member who recruit, a non -City Cmnlovcg toaccent Cal Dlo Ment for the De ment in a+-• --
swom position shall be provided a ccruitmeaLi antis_Qf ivc Thousand Dollars $5 000 half
Formatted: Justified
❑ be pAid u Vqn the em lovee's hire one -a uarter u Don the em v lovee's cam lction oftheir training =
'Formatted: Font: to pt
program and the other onc-,quarter upon the employee's successful completion of probation. 'these
Formatted: Font: 10
_
pay ments are unconnected to lXrfarmancc and shall nat he reflected nn any Citt nnv or saiary� '--
pt
schcdule. shall nol be the basis for anv future negotiated calary increases, and shall not be reported
Formatted: Font: 10 pt
as compensation camable.
Formatted: Font: 10 pt
emhersf Cit is Tec i1 e 1 team and ani cm O ee who works a recruitment event shat c _ , Formatted: Font: 10 pt
eligible for this bona,, but only for an gmplovee he or she recruits separate and apart from their
duties as a member of the recruitment team or pailicivatian in the rccruilment event- Finl Formatted: Font: 10 pt
(Letcrminations for cbgibility shall he made by the Police, Chief. Formatted: Font: 10 pt
_'----------- ------ -----------------
On June 25, 20t8. the Cil y Council passed Resolution No -5095 increasing the amount ofthe m NuaI
honus it offcrtd employees as a result of reL'rikilment d i fricul t ies- Upon the sunset of Resolution
No 5045. Ling emplovices' recruitment incentive shall be reduced from Five Thousand Dollars
(55-000) to Thrce Thousand Dollars ($3.000)- which shall be paid ane -half 11 Mn lhc_ big _of the
- upon ofpro
a .............. _........... ..emploMeg __.......... and ...... one half ..............comnlelion ....................................bation. .........
......_........_........--
»»'': ;-•.. Formatted: Fant: 10 pt
Formatted: Justified, Indent: Left: 0"
Page 34 October 1, 2014 -September 30, 2018 MOU
26610413 EL140-029
Signed by the City: Signed by the Association:
Greg Carpenter,
Joseph Cameron
City Manager
POA President
David Serrano
Brandon Brownins
Director of Human Resources
Vice President
Joseph Lillio
Director of Finance
Date Date
Page 35 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
COMPREHENSIVE MEMORANDUM
I"
UNDERSTANDING
October 1, 2018 — September 30, 2021
Pagel October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
TABLE OF CONTENTS
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
10
Section
1.08
Maintenance of Existing Benefits
Page
10
Section
1.09
Non -Discrimination
Page
10
ARTICLE 2
SALARY
Section
2.01
Salary
Page
10
Section
2.02
Regular Rate of Pay
Page
11
Section
2.03
Step Advancement - Accelerated
Page
12
Section
2.04
Notice Requirement to Withhold Step
Page
12
Increase
Section
2.05
Retention Bonuses
Page 12
ARTICLE 3
EDUCATION/CERTIFICATE INCENTIVE
Section
3.01
Educational Compensation
Page
12
Section
3.02
Certification Requirement for Educational
Page
13
Compensation
Section
3.03
Longevity Achievement on Merit
Page
13
ARTICLE 4
TUITION AND BOOK REIMBURSEMENT PROGRAM
Section
4.01
Policy and Eligibility
Page
14
Section
4.02
Undergraduate Studies
Page
14
Section
4.03
Post -Graduate Studies
Page
14
Section
4.04
Tuition Reimbursement Program
Page
15
Page 2 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
ARTICLE 5
9.01
PROMOTIONS
Page
18
Section
5.01
Salary Differential upon Promotion
Page
15
Section
5.02
Educational Prerequisites for Promotional
Page
15
Section
9.03
Positions
Page
18
ARTICLE 6
HOLIDAY PAY
OVERTIME COMPENSATION
Section
Section
6.01
Pay for Public Relations Appearances
Page
15
Section
6.02
Court On -Call Pay
Page
115
Section
6.03
Call -Back Pay
Page
16
Section
6.04
Court Call -Back Pay
Page
16
ARTICLE 7
DIFFERENTIAL PAY
Section
7.01
Motor Officer, Canine Officer, Detective and
Page
16
Special Assignment Pay
Section
7.02
Motorcycle Maintenance
Page
16
Section
7.03
Canine Unit
Page
17
Section
7.04
Bilingual Pay
Page
17
ARTICLE 8
PHYSICAL FITNESS INCENTIVE PROGRAM
Section
8.01
Purpose
Page
17
Section
8.02
Department Policy
Page
17
Section
8.03
Program Components
Page
17
ARTICLE 9 COMPENSATORY TIME
Section
9.01
Maximum Accrual
Page
18
Section
9.02
Shooting and Physical Fitness Bank
Page
18
- Maximum Accrual
Section
9.03
Firearms Qualification
Page
18
ARTICLE 10
HOLIDAY PAY
Section
10.01
Eligible Officers
Page
19
Page 3 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
ARTICLE 11 SICK LEAVE
Section
11.01
Payment of Sick Leave Accrual
Page
19
After 10 Years Service
Section
11.02
Payment of Sick Leave Accrual
Page
19
Section
15.03
After 20 Years Service
Page
22
Section
11.03
Payment on Disability Retirement
Page
19
Section
11.04
Annual Sick Leave Payout
Page
19
Section
11.05
Family Emergency Leave
Page
20
ARTICLE 12 VACATION LEAVE
Section 12.01 Accrual Schedule For Employees Page 20
On or After July 1, 1994
Section 12.02 Accrual Schedule For Employees Page 20
Hired Before July 1, 1994
- Closed Participation
Section 12.03 Vacation Sell Back Page 21
ARTICLE 13 BEREAVEMENT LEAVE
Section 13.01 Maximum Leave Time Page 21
Section 13.02 Immediate Family Members Defined Page 21
ARTICLE 14 JURY DUTY
Section 14.01 Provision Page 21
ARTICLE 15 HEALTH BENEFITS
Section
15.01
Medical Insurance Continuation
Page
22
- On Duty Death
Section
15.02
Optical, Dental, and Life Insurance
Page
22
Section
15.03
Medical Contract
Page
22
Section
15.04
City Medical Contribution
Page
22
Section
15.05
Body or Heart Scan
Page
23
Page 4 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
ARTICLE 16 UNIFORM AND SAFETY EOUIPMENT
Section
16.01
Provision
Page
23
ARTICLE 17
CELL PHONE STIPEND
Section
17.01
Cell Phone Stipend
Page
23
ARTICLE 18
RETIREMENT BENEFITS
Section
18.01
PERS Retirement Formula
Page
23
Section
18.02
PERS "Pick -Up"
Page
23
Section
18.03
Optional Contract Provisions
Page
24
Section
18.04
Minimum Service with City of El Segundo to
Page
24
Receive Retirement Benefits
Section
18.05
Retiree Health Insurance Contribution Program
Page
24
ARTICLE 19
DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section
19.01
Direct Deposit
Page
24
Section
19.02
Flexible Spending Account
Page
24
ARTICLE 20
COMPUTER LOAN PROGRAM
Section
20.01
Initial Loan
Page
25
Section
20.02
Prior & Outstanding Balances
Page
25
Section
21.03
Requirements & Conditions
Page
25
ARTICLE 21
MATERNITY POLICY
Section
21.01
Policy
Page
25
ARTICLE 22 CATASTROPHIC LEAVE PROGRAM
Section 22.01 Definition of a Catastrophic Illness or Injury Page 25
Section 22.02 Eligible Employees for Donation and Program Page 26
Usage
Section 22.03 Policy Procedures Page 26
ARTICLE 23 LAYOFF PROCEDURES
Section 23.01 Grounds for Layoff Page 26
Page 5 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
Section
23.02
Notice to Employees
Page
26
Section
23.03
At -Will Employees
Page
26
Section
23.04
Procedures for Layoff
Page
27
Section
23.05
Breaking Ties
Page
27
Section
23.06
Reduction to a Vacant Position
Page
27
Section
23.07
Displacement Rights
Page
27
Section
23.08
Salary Placement
Page
27
Section
23.09
Reemployment List
Page
28
Section
23.10
Letter of Layoff
Page
28
Section
23.11
Rights on Reemployment
Page
28
Section
23.12
Appeal
Page
28
ARTICLE 24
GRIEVANCE PROCEDURE
Section
24.01
Definition of Terms
Section
24.02
Time Limits
Section
24.03
Procedure
Section
24.04
Matters Excluded from the Grievance
Section
25.05
Procedure
Section
24.05
Conferences
ARTICLE 25
POLICIES
Section
25.01
Occupational Injury and Illness Policy
Section
25.02
Disability Retirement Policy
Section
25.03
Fitness for Duty Policy
Section
25.04
POBR Limited Appeals
Section
25.05
Drug Free Work Place Policy
ARTICLE 26
TERM OF AGREEMENT
Section
26.01
Term
Page
Page
Page
Page
Page
Page
Page
Page
Page
Page
28
29
29
30
30
30
30
30
30
32
Page 32
Page 6 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
ARTICLE 27 LIMITED -USE TIME OFF
Section 27.01 Limited -Use Time Off
ARTTCI,F, 28
Section 28.01
ARTICLE 29
Section 29.01
WORK SCHEDULE
Page 33
Alternate Work Schedule — Post January 2012 Bid
Page
EMPLOYEE REFERRAL BONUS
Employee Referral Bonus
33
Page 33
Page 7 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
MEMORANDUM OF UNDERSTANDING
between t/ze
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 November 23, 2018 by the City Council.
Section 1.02 Management Rights
A. Except as limited by the specific and express terms of this Memorandum of Understanding, the
City hereby retains and reserves unto itself all rights, powers, authority, duty, and
responsibilities confirmed on and vested in it by the laws and the Constitution of the State of
California and/or United States of America.
B. The management and the direction of the work force of the City is vested exclusively in the
City, and nothing in this Memorandum of Understanding is intended to circumscribe or modify
the existing right of the City to direct the work of its employees; hire, promote, demote, transfer,
assign, and retain employees in positions within the City, subject to the rules and regulations of
the City; suspend or discharge employees for proper cause; maintain the efficiency of
governmental operations; relieve employees from duties because of lack of work; take action
as may be necessary to carry out the City's mission and services in emergencies; and to
determine the methods, means, and personnel by which the operations are to be carried out.
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266104.13 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.
D. City agrees to provide the Association with (1) ten days' advance notice of any new employee
orientation, (2) the name, job title, department, work location, work home, personal cellular
telephone number, personal email address, and home address of any new employee with 30
days of hire or by the first pay period of the month following hire, and (3) the information in
#2 above, every 120 days for all employees in represented classifications.
Section 1.06 Association Administrative Time
Association is granted a total of four hundred (400) 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, or Chief s designee.
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Section 1.07 Association Hearing Cost Contribution
The Association will pay for one-half of the costs incurred in connection with Los Angeles County
Civil Service Commission hearings to a maximum of $3,000 per year.
Section 1.08 Maintenance of Existing Benefits
A. This Memorandum of Understanding contains all of the covenants, stipulations and provisions
agreed upon by the parties. It is understood that all items relating to employee wages, hours and
other terms and conditions of employment not covered in this Memorandum of Understanding
are covered by existing ordinances, resolutions, policies, and practices of the City, as well as
the Personnel Rules and Regulations presently in effect. Therefore, for the life of this
agreement, neither party shall be compelled to meet and confer with the other concerning any
mandatory meet and confer issues whether specifically discussed prior to the execution of this
agreement or which may have been omitted in the discussions which led up to the execution of
this agreement, except as provided in this agreement or by mutual agreement of parties.
B. Nothing herein prevents the City and Association from meeting and consulting on the City's
Personnel Rules and Regulations which are within the scope of representation. However, the
mutual agreement of both the City and Association are required to effect any change.
Section 1.09 Non -Discrimination
A. The Association and the City recognize and agree to protect the rights of all employees to join
and/or participate in protected Association activities or to refrain from joining or participating
in Association activities.
B. The Association and the City agree that they shall not illegally discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal employment opportunities for all
employees. The Association and the City shall reopen any provision of this Agreement for the
purpose of complying with any final order of a Federal or State agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this Agreement
in compliance with State or Federal anti -discrimination laws.
ARTICLE 2 SALARY
Section 2.01 Salary
Effective November 23, 2018, the City shall create a Step F to the Officer and Sergeant
Classifications, with a ten percent (10%) differential above Step E. An employee who is at Step E
on November 22, 2018 shall progress to Step F on November 23, 2018. All other employees shall
progress to Step F after being at Step E for one year.
In addition to the creation of Step F, effective November 23, 2018, the base salary schedule of unit
classifications shall be increased by nine percent (9%) as follows: (also incorporated as Exhibit I):
Step
Step A
Step B
Step C
Step D
Step E
Step F
Officer Base Salary
$6,867.84
$7,208.08
$7,568.49
$7,946.91
$8,344.26
$9,178.68
Sergeant Base Salary
$8,600.23
$9,030.24
$9,481.75
$9,955.84
$10,453.63
$11,499.00
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266104.13 EL140-029
The base salary schedule of unit classifications shall be increased by two percent (2%) as follows
effective the pay period that includes October 1, 2019 (also incorporated as Exhibit I):
Step
Officer Base Salary
Step A
$7,002.14
Step B
$7,352.25
Step C
$7,719.86
Step D
$8,105.85
Step E
$8,511.14
Step F
$9,362.26
Sereeaaat Base Salary
$8,772.24
$9,210.85
$9,671.39
$10,154.96
$10,662.71
$11,728.98
The base salary schedule of unit classifications shall be increased by two percent (2%) as follows
effective the pay period that includes October 1, 2020 (also incorporated as Exhibit I):
Step
Of eer Base Salary
Sergeant Base Salan
Step A
$7,142.18
$8,947.68
Step B
$7,499.29
$9,395.06
Step C
$7,874.26
$9,864.82
Step D
$8,267.97
$10,358.06
Step E
$8,681.37
$10,875.96
Step F
$9,549.50
$11,963.56
Section 2.02 Regular Rate of Pay
This MOU periodically refers to the "regular rate of pay." The "regular rate of pay" is defined in
29 CFR § 778.108 et. seq. The "definition" used in this MOU is for general reference and does not
override the specific definitions set forth in the FLSA. Therefore, as used in this MOU, the regular
rate of pay is the remuneration paid to or on behalf of the employee except gifts, travel expenses,
other reimbursable expenses, payments not mandated by the MOU or other rules/regulations,
retirement and insurance contributions by the City, overtime and holiday pay. These are examples
only and not intended to be an all-inclusive definition of the "regular rate of pay." Applicable
statutes/case law shall prevail over any MOU definitions inconsistent with statues/case law.
The regular rate of pay shall be calculated in dollars and cents rounded off to two (2) decimal places
to the right of the decimal point.
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 unit and is not to be calculated as part of the regular rate of pay nor shall
it be applied to any leave payouts.
FLSA Work Period — The FLSA Work Period shall be defined as eighty (80) hours in a fourteen
(14) day period.
All paid leave shall be considered "hours worked" for purposes of eligibility for overtime.
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266104.13 EL140-029
Section 2.03 Step Advancement
Employees hired at Step A shall progress to Step B after six (6) months. Progressions to Steps C,
D, and E shall be at twelve month intervals, with satisfactory (or above) performance. Progression
from Step E to Step F shall occur automatically after the employee has been at Step E for twelve
months.
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 — F Steps) based on exemplary job performance. The
accelerated salary advancement shall not change the affected employee's anniversary date.
Section 2.04 Notice Requirement to Withhold Step Increase
The City shall have the option during or after the term of this agreement to provide employees
written notice of the intent to withhold a salary step increase and the reasons for same no later than
the end of the pay period which begins after the employee's anniversary date.
Section 2.05 Retention Bonuses
The City shall make a one-time ad hoc lump sum amount payment of Three Thousand, Seventy
Hundred and Fifty Dollars ($3,750) to each "Classic" member of the Association covered by this
Memorandum of Understanding who is actively employed by the City on December 7, 2018. The
payment shall be made in the pay period that includes December 7, 2018. The one-time ad hoc
payment paid is unconnected to performance and shall not be reflected on any City pay or salary
schedule, shall not be the basis for any future negotiated salary increases, and shall not be reported
as compensation earnable.
The City shall make a one-time ad hoc lump sum amount payment of Three Thousand, Seventy
Hundred and Fifty Dollars ($3,750) to each "Classic" member of the Association covered by this
Memorandum of Understanding who was employed by the City on December 7, 2018 and is
actively employed by the City on December 7, 2020. The payment shall be made in the pay period
that includes December 7, 2020. The one-time ad hoc payment paid is unconnected to
performance and shall not be reflected on any City pay or salary schedule, shall not be the basis
for any future negotiated salary increases, and shall not be reported as compensation earnable.
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 conferred/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.
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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.
Subject to the foregoing, employees shall be eligible for education incentive compensation as
follows (and as shown in Exhibit 1):
I. Qualification for and possession of either 60 units, or AA degree, or Intermediate POST
Certificate shall entitle employee to Two -Hundred and Ninety Eight Dollars and Ten
Cents ($298.10) for Officers and Three -Hundred Seventy -Three and Forty -Four Cents
($373.44) for Sergeants. ..
2. Qualification for and possession of either 60 units, or AA degree, and Intermediate POST
Certificate shall entitle employee to Four Hundred and Sixty -Seven Dollars and Twenty -
Nine Cents ($467.29) for Officers and Five Hundred and Sixty Dollars and Sixteen Cents
($560.16) for Sergeants..
3. Qualification for and possession of Advanced POST Certificate shall entitle employee to
Seven Hundred and Seventy Dollars and Seventy -One Cents ($770.71) for Officers and
Nine -Hundred and Fifty One Dollars and Fifty -Six Cents ($951.56) for Sergeants..
4. Qualification for and possession of Bachelor's degree shall entitle employee to Nine Hundred
and Sixty -Three Dollars and Thirty -Seven Cents ($963.37) for Officers and One -Thousand,
One -Hundred and Twenty Dollars and Thirty -Four Cents ($1120.34) for Sergeants..
5. Qualification for and possession of Master's degree shall entitle employee to One Thousand
Three -Hundred and Fifty -Three Dollars and Sixty -Two Cents ($1353.62) for Officers and
One Thousand Six Hundred and Twenty -Two Dollars and Eighty Five Cents ($1,622.85) for
Sergeants. ..
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
1. 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 ten years of paid, full-time sworn law enforcement service
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266104.13 EL140-029
B. Upon completion of fifteen years of paid, full-time sworn law enforcement service
C. Upon completion of twenty years of paid, full-time sworn law enforcement service
D. Upon completion of twenty-six years of paid, full-time sworn law enforcement service
2. Employees hired after February 21, 2017 shall be compensated for longevity as set forth above,
except these employees shall not be eligible for the 26 -year longevity step.
3. Consistent with the years -long past practice, any reference to employees being required to have
or maintain any performance standard to receive Longevity Pay is hereby striken as having not
been applicable.
ARTICLE 4 TUITION AND BOOK REIMBURSEMENT PROGRAM
Section 4.01 Policy and Eligibility
The following college -level tuition and book reimbursement program shall be applicable to all unit
members:
Section 4.02 Undergraduate Studies (Studies undertaken in pursuit of an Associate's or a Bachelor's degree).
A. The City shall reimburse each affected employee in an amount equal to 100% of tuition and
book expenditures incurred while employed by the City and while a student at any accredited
college or university having its campus in the State of California. However, the tuition
reimbursement described herein, shall not exceed the per-unit tuition cost required by the
University of California or California State University, whichever is higher.
B. Tuition and book reimbursement shall be provided only for those classes in which a certified
college or university transcript evidences the employee attaining a grade of "C" or better (or
where classes are taken "pass/fail," evidence must be provided of a "pass" grade) in classes
approved pre -enrollment by the Chief of Police or his/her designee.
Section 4.03 Post -Graduate Studies (Post -Graduate studies are defined as those undertaken in pursuit of a
degree beyond a Bachelor's).
A. The City shall reimburse each affected employee pursuing post -graduate studies in an amount
equal to 100% of tuition and book expenditures incurred while employed by the City and while
pursuing said studies at the University of California or California State University;
B. The City shall reimburse each affected employee pursuing post -graduate studies at other
accredited institutions, in an amount equivalent to 80% of the tuition and book expenditures
incurred while employed by the City and while pursuing said studies;
C. Tuition and book reimbursement shall be provided only for those classes in which a certified
university transcript evidences the employee attaining a grade of "C" or better (or where classes
are taken "pass/fail," evidence must be provided of a "pass" grade) in classes approved pre -
enrollment by the Chief of Police or his/her designee.
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266104.13 EL140-029
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 5
Section 5.01 Salary Differential upon Promotion
The City shall have the option to compensate supervisors newly appointed to their positions 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
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 OVERTIME COMPENSATION
Section 6.01 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 6.02 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).
A. 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.
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Section 6.03 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 6.04 Court Call -Back Pay
ARTICLE 7
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.
DIFFERENTIAL PAY
Section 7.01 Motor Officer, Canine Officer, Detective and Special Assignment Pay
The City shall pay motor officers a monthly differential pay in the amount of $511.01 (Police
Officer) or $640.19 (Sergeant.). The parties agree that to the extent permitted by law, this is special
compensation and shall be reported as such pursuant to Title 2 CCR Section 571(a)(4), Motorcycle
Patrol Premium.
The City shall pay detectives, canine officers and employees designated by the Chief of Police as
having special assignments, $425.84 per month. The parties agree that to the extent permitted by
law, this is special compensation and shall be reported as such pursuant to Title 2 CCR Section
571(a)(4), Detective Division Premium, Canine Officer Premium, respectively.
Section 7.02 Motorcycle Maintenance
The parties agree that motorcycle maintenance shall occur during an employee's regular working
hours.
Historical Language for Reference Only (no longer applicable):
By and through the Association, those unit members assigned to motorcycle duty agree that the
above monthly stipend is reasonably necessary to provide for the cleaning and maintenance of the
assigned motorcycle and that this stipend is intended to compensate unit members assigned to
motorcycle duty for all off duty hours spent cleaning and maintaining their assigned motorcycle, in
compliance with the FLSA and interpretive cases and rulings..
The parties acknowledge that the FLSA, which governs the entitlement to compensation for
motorcycle cleaning and maintenance, entitles the parties to agree to a reasonable number of hours
per month for the performance of off duty maintenance and cleaning duties. The hours represented
by the above stipend in this agreement were determined after an actual inquiry of the officers
assigned to motorcycle duty, as addressed by Leever v. City of Carson City, 360 F.3d 1014 (91h Cir.
2004.) It is the intent of the parties through the provisions of this section to fully comply with the
requirements of the FLSA. In addition, all parties believe that this section of the MOU does comply
with the requirements of the FLSA.
Since at least 2000, the method of agreeing upon the above stipend and its amount have been in
accord with requirements of the FLSA.
Section 7.03 Canine Unit
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266104.13 EL140-029
The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine
care and maintenance, entitles the parties to agree to a reasonable number of hours per month for
the performance of off duty care and maintenance duties. The parties hereby agree that canine
officers shall be compensated for off-duty care and maintenance of the dog in the amount of fifteen
(15) hours monthly, at the applicable minimum wage rate. The hours represented by this payment
in this agreement were determined after an actual inquiry of the officers assigned to canine duty, as
addressed by Leever v. City of Carson City, 360 F.3d 1014 (91' Cir. 2004.) It is the intent of the
parties through the provisions of this section to fully comply with the requirements of the FLSA. In
addition, all parties believe that this section of the MOU does comply with the requirements of the
FLSA.
Members of the Association who are assigned canine officers at the time this Agreement is executed
agree to sign an individual waiver of any potential claim under the FLSA for the performance of
off-duty care and maintenance of the dog performed prior to November 23, 2017.
Section 7.04 Bilingual Pay
The City will be responsible for utilizing a standardized, industry accepted test to determine
applicants' qualification for Bilingual Pay. An employee who demonstrates conversational fluency
in Spanish (or another language designated by the Police Chief,) and is assigned to duties in which
language skills are regularly used, shall be entitled to premium compensation of $283.90 (Police
Officer) or $355.66 (Sergeant) monthly. The parties agree that to the extent permitted by law, this
is special compensation and shall be reported as such pursuant to Title 2 CCR Section 571(a)(4),
Bilingual Premium.).
ARTICLE 8 PHYSICAL FITNESS INCENTIVE PROGRAM
Section 8.01 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 8.02 Department Policy
It will be the policy of the Police Department to work with officers individually and assist those that
need to improve their lifestyle habits in order that fitness levels can be improved. There is no
"failure" in participation, only the identification of needs and the recognition of strengths.
Section 8.03 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.
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266104.13 EL140-029
B. Fitness Assessment:
1. The fitness assessment is the voluntary component of the program and will be administered
by a department fitness coordinator and fitness committee.
2. The assessment will be a test to measure components of physical fitness which are:
a. Cardio -vascular
b. Strength
c. Body composition
d. Flexibility
The assessment will be administered quarterly and will apply standards developed and used
by the Cooper Aerobics Institute, Dallas, Texas, and will include sliding scales based on
age and sex.
3. From the assessment will be developed a profile which will categorize participants into
levels of fitness. Incentive provisions would then reward participants depending upon their
fitness level.
4. Rewards would also be available for significant achievements and improvements. These
rewards will be in the form of T-shirts, sports bags, sporting equipment and other similar
incentives. It is thought that these types of rewards could be influential in maintaining
interest and enthusiasm in those participants who would not otherwise qualify for fitness
achievement categories.
ARTICLE 9 COMPENSATORY TIME
Section 9.01 Maximum Accrual
A separate bank shall be established for the accumulation of compensatory time off, with a
maximum accrual of one hundred and twenty (120) 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 9.02 Physical Fitness Bank - Maximum Accrual Fitness Compensation
A separate bank shall be established for the accumulation of physical fitness time off, with a
maximum accrual of fifty (50) hours. City has the option to pay the employee or increase the time
off bank for physical fitness bonus after 50 hours, with no payoff of accrued time upon separation.
Section 9.03 Firearms Qualification
Police Officers and Police Sergeants will be compensated at their regular hourly rate of pay for
firearms qualification as follows:
Class Hours per QLiarwr (3 Calendar Montlis)
Distinguished Expert 8 hours
Expert 6 hours
Sharpshooter 4 hours
Marksman 2 hours
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Qualifying
ARTICLE 10 HOLIDAY PAY
Section 10.01 Eligible Officers
0 hours
Employees in this Unit shall be credited with 120 hours of paid holiday leave in their holiday bank.
Holiday pay shall be reported to Ca1PERS as compensation in the pay period in which the holiday
falls. Employees shall be paid the holiday pay at the employee's regular rate of pay.
ARTICLE 11 SICK LEAVE
Section 11.01 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 11.02 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 11.03 Payment on Disability Retirement
Employees separating from service because of a disability retirement, after five (5) years of service
as a sworn law enforcement officer, will be compensated at 90% of the employee's accumulated,
unused sick leave at the employee's 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, claims, or defenses by the parties regarding the pending dispute
previously referenced in Section 2.02.
Section 11.04 Sick Leave Maximum Accrual and Annual Sick Leave Payout
.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. 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.
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Section 11.05 Family Emergency Leave/Sick Leave Utilization
ARTICLE 12
Employees shall have the right to use nine (9) days of accumulated sick leave for family
emergencies. Emergencies are generally of a medical nature, for illness or injury of a family
member. 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 of 2014 ("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.
VACATION LEAVE
Section 12.01 Accrual Schedule — For Employees Hired On or After July 1, 1994
Vacation for employees hired on or after July 1, 1994, shall be accrued pursuant to the following
schedule:
A. From commencement of the 1 st year of service through and including completion of the 51h year
of service — 96 hours per year.
B. From commencement of the 6th year of service through and including completion of the 101
year of service — 120 hours per year.
C. From commencement of the 11th year of service through and including completion of the 151
year of service — 144 hours per year.
D. From commencement of the 16th year of service through and including completion of the 161h
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 251 year — an additional 8 hours per years of service (i.e., 17 years = 184 hours,
18 years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours ...
25 years and each year thereafter — 256 hours).
Section 12.02 Accrual Schedule - For Employees Hired Before July 1, 1994
Vacation for employees hired before July 1, 1994 shall be accrued in accordance with the following
schedule:
A. For the first seven years of continuous service with the City — 96 hours per year.
B. After seven years and until the completion of fourteen years of continuous service — 136 hours
per year.
C. After fourteen years of continuous service and until the completion of sixteen years of
continuous service — 176 hours per year.
D. From commencement of the 17' year of service and for all years of service thereafter up to and
including the 25' year — increasing 8 hours per year of service (i.e., 17 years = 184 hours, 18
years = 192 hours, 19 years = 200 hours ... 25 years and each year thereafter = 248 hours).
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Effective July 15, 2007, the scale of hours for employees with 17 or more years of service will
increase by 8 hours (i.e., 17 years = 192 hours, 18 years = 200 hours, 19 years = 208 hours ...
25 years and each year thereafter = 256 hours)
Section 12.03 Vacation Sell Back
Commencing February 21, 2017, the City will allow employees in the Association to sell back 100%
of their annual vacation accrual at the base rate of pay during a single payroll period to be determined
each fiscal year by the employee. The vacation sell back option is available for use by the employee
after completion of one year of service with the City. All vacation payouts shall be at the base rate
of pay and shall not include the nine percent (9%) PERS member share. 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.
ARTICLE 13 BEREAVEMENT LEAVE
Section 13.01 Maximum Leave Time
The practice of granting three (3) working days of bereavement leave per incident shall be increased
to 40 hours per incident in those circumstances where travel to a funeral or other memorial
proceeding is 500 or more miles one way as measured from the El Segundo City Hall.
Section 13.02 Immediate Family Members Defined
The definition of the "immediate family" whose funeral or memorial proceeding qualifies for use
of bereavement leave, shall include the children, parents, siblings, grandparents of the employee,
the employee's spouse or significant other.
ARTICLE 14 JURY DUTY
Section 14.01 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.
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f. The employee must provide documentation of his or her daily attendance on Jury Duty.
ARTICLE 15 HEALTH BENEFITS
Section 15.01 Medical Insurance Continuation - On Duty Death
A. If it is determined by the Workers' Compensation Appeals Board and/or the Public Employees'
Retirement System that an Association member has died as a direct and proximate result of the
performance of duties in the course and scope of his/her employment, then the City shall
continue to make group medical insurance premium payments on behalf of the surviving spouse
until age 65, Medicare eligibility, whichever comes first, and to the children of the deceased
officer until age 18. Said medical premium payments on behalf of the children of a deceased
officer shall continue if at age 18, the child commences uninterrupted college enrollment, but
not to exceed the age of 23.
B. The City -paid medical insurance premiums described herein shall be in an amount required to
fund the level of medical insurance benefits which the deceased officer was receiving at the
time of his/her death. For example, if at the time of death, the officer was enrolled in a specific
HMO Plan, then future premium payments made pursuant to this article shall be in an amount
required to maintain comparable plan benefits.
Section 15.02 Optical, Dental, and Life Insurance
The City will pay 100% of the premiums for the agreed upon dental, optical and life insurance for
employees and eligible dependents to the maximum dollar amount of $85 per month. Effective
August 1, 2005, the City's maximum dollar contribution will be increased to $135 per month. The
City will apply the maximum dollar amount to the payment of the various premiums in the following
order of precedence: optical insurance first, then life insurance, and finally dental insurance
A. The City will adopt a dental plan and pay the premium cost for employees only. The City
reserves the right to determine the insurance carrier with whom the City will contract for
coverage; however, the City agrees to consult with employees through the insurance committee
and consider all suggestions and presentations on the insurance plan to be purchased.
B. The City will provide every member of the Association with $10,000 of life insurance at City
cost. The City reserves the right to determine the insurance carrier with whom the City will
contract for coverage.
C. The City shall make available any city-wide improvements to the dental benefit, to the
Association.
D. Selection of the vision insurance plan carrier shall be made by the City.
Section 15.03 Medical Contract
The City contracts with the California PERS for the Public Employees' Medical and Hospital Care
Program for medical insurance.
Section 15.04 City Medical Contribution
Effective for the medical premium in January 2019, the maximum monthly medical contribution
by the City is $1500 per employee per month. Effective for the medical premium in January 2020,
the maximum monthly medical contribution shall increase to $1575. Effective for the medical
premium in January 2021, the maximum monthly contribution shall increase to $1,650.
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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 current
monthly rate is $9.52 and is subject to change.
Section 15.05 Body or Heart Scan
Commencing July 1, 2008, each employee shall be eligible to receive a "body or heart scan" to be
conducted once every two (2) years at City expense. Eligibility for the "body or heart scan" shall
be determined by the examining physician at the Westchester Medical Group/Center for Heart and
Health during the employee's annual examination pursuant to the July 3, 2003 FITNESS FOR
DUTY POLICY. The physician shall determine whether or not undertaking a "body or heart scan"
is reasonable and appropriate.
ARTICLE 16 UNIFORM AND SAFETY EQUIPMENT
Section 16.01 Provision
The City shall provide required uniforms and safety equipment to eligible employees. For purposes
of this article, safety equipment shall include a weapon selected by the Police Chief. Effective the
date of adoption of the MOU, the uniform allowance shall no longer be provided to members of this
bargaining unit.
ARTICLE 17 CELL PHONE STIPEND
Section 17.01 Monthly Stipend
Employees designated by the Chief of Police may receive an eighty dollar ($80) monthly stipend to
offset the cost of utilizing their personal devices for work-related purposes.
ARTICLE 18 RETIREMENT BENEFITS
Section 18.01 PERS Retirement Formula
A. The City has implemented the 3% at 50 PERS retirement formula for all affected employees.
B. Tier II - Employees covered by classifications in this bargaining unit who are hired on or after
October 6. 2012 and are otherwise not a "new employee" and/or "new member" of CaIPERS under
Government Code Section 7522.04 of AB340, also known as the California Pension Reform Act of
2013, shall be 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 2.7%@57 retirement formula as well as all other statutory requirements established
by AB340.
Section 18.02 PERS Payment Pickup
Employees who are "classic" members, as defined by the California Pension Reform Act of 2013
(AB340), shall pay their statutorily required nine percent (9%) employee contribution to Ca1PERS
effective March 4, 2017 and simultaneously with salary increases identified in Section 2.01 (ie
employees shall pay an amount equal to 9% of compensation earnable as the employee contribution
to PERS). In accordance with Resolution No. 4497 the City shall treat this contribution as an
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employer contribution for purposes of employee federal and state income tax withholding as
authorized by Internal Revenue Code (IRC) Section 414(h)(2).
Effective November 23, 2018, "classic" members, as defined by the California Pension Reform Act
of 2013 (AB340), shall pay an additional three percent (3%) employee contribution to Ca1PERS
simultaneously with the salary increases identified in Section 2.01. (Employees shall pay an amount
equal to twelve (12) percent of compensation earnable as the employee contribution to PERS. These
deductions shall be pre-tax and be pursuant to California Government Code section 20516(1) until
such time as the City amends its contract with CalPERS to make the deduction pursuant to California
Government Code section 20516(a).
Section 18.03 Optional PERS Contract Provisions
A. The City shall provide "Level 4" 1959 Survivors Benefits in accordance with Government Code
§ 21574.
B. The City shall provide Pre -Retirement Option 2W Death Benefit in accordance with
Government Code § 21548.
C. The City shall provide the Single Highest Year formula for "classic" members only as defined
by AB340, in accordance with Government Code Section § 20042.
Section 18.04 Minimum Service with City of EI Segundo to Receive Retirement Benefits
Employees who retire must have earned service credit with Ca1PERS 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 1 dependent. In addition, employees are eligible for payments of unused sick leave pursuant to
Article 12.
Section 18.05 Retiree Health Insurance Contribution Program
The City will contribute to a retiree health insurance contribution program for retirees who
participate in the Public Employees' Medical and Hospital Care Program. The program will provide
for the following maximum contribution:
Year of Retirement Amount of Monthly Contribution
1995 and after Average dollar cost of the premium for an
employee and 2 or more dependents for the
HMO's available to employees under PEMHCA
ARTICLE 19 DIRECT DEPOSIT and FLEXIBLE SPENDING ACCOUNT
Section 19.01 Direct Deposit
It is agreed between the City and the Police Officers' Association that it is in the mutual interest of
the City and its employees that all covered employees utilize the currently available direct deposit
system. Employees who do not desire to utilize direct deposit shall make their wishes known in
writing to the City's Director of Finance, together with a statement of their reasons therefore.
Exceptions to this direct deposit policy shall not be unreasonably denied.
Section 19.02 Flexible Spending Account
The City will maintain the Flexible Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
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ARTICLE 20 COMPUTER LOAN PROGRAM
Section 20.01 Initial Loan
All participants in the loan program will be eligible for an initial, interest free loan in the amount of
$4,000 (four thousand dollars).
Effective November 23, 2018, the Computer Loan Program shall be eliminated for members of this
Unit. The City shall honor the computer loan requests from the seven unit members who have
submitted such requests prior to November 23, 2018, subject to the guidelines of the program.
Section 20.02 Prior and Outstanding Balances
An employee with an outstanding balance on a prior computer loan as of July 1, 1997, will have
that amount currently due from the previous loan subtracted from the amount the employee can
borrow interest free under this program.
Section 20.03 Requirements and Conditions
ARTICLE 21
A. Subsequent loans or amounts in excess of the above maximum interest free loan, would be at
the currently interest rate of 3%. All loans would include a 36 -month repayment term.
B. Eligible purchases shall be expanded to include ergonomic -related furniture and equipment.
C. Anti-viral software shall be required as a prerequisite in granting requested loans.
D. City would retain title, as security, to any equipment purchased with funds from the above
described loans, until such time as the loan is fully paid off. City is to be notified of any
exchange or updating of equipment.
E. The practice of "refinancing" to the maximum loan amount is prohibited. "After -the -fact"
financing is allowed only with prior approval of the Director of Finance or his/her designee.
F. Loans shall be repaid through payroll deductions over a 3 year period. Outstanding loan
balances must be paid off at the time that an employee separates from City service and the City
shall be authorized to recover any loan balance by making deductions from the employee's final
check.
MATERNITY POLICY
Section 21.01 Policy
An officer to may transfer to a light duty assignment, at any point during pregnancy, with
physician verification of a need for placement in a light duty assignment. Additionally, an officer,
upon return from leave of absence, will resume her previous assignment or bid on a position
wherever possible.
ARTICLE 22 CATASTROPHIC LEAVE PROGRAM
Section 22.01 Definition of a Catastrophic Illness or Injury
A catastrophic illness or injury is a chronic or long-term health condition that is incurable, or so
serious that, if not treated, would likely result in a long period of incapacity.
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Section 22.02 Eligible Employees for Donation and Program Usage
A. All permanent full-time or part-time sworn employees will donate 6.00 hours of either sick
leave, vacation or compensatory leave time, per year, to the catastrophic leave bank, until a unit
total of 1,000 hours have been contributed to the catastrophic leave bank. Employees may
donate additional time to the catastrophic leave bank by completing a Catastro hic Leave Time
Donation Re Crest Farm prior to donating more accumulated leave time. Employees, or their
designated representative, requesting use of the leave bank must complete a Request to Receive
Calastrophic Leave Time Form as soon as possible prior to, or within a reasonable time frame
after, catastrophic illness or injury. Completed forms must be submitted to the Director of
Human Resources/Risk Management or his/her designee.
B. Forms are available from the Human Resources Department. The Human Resources
Department will maintain all Catastrophic Leave Policy materials.
Section 22.03 Policy Procedures
A. Administration - This bank will be administered by a joint employer/employee committee
composed of two (2) representatives from the El Segundo Police Officers' Association, one (1)
from the Human Resources Department and one (1) from the Finance Department.
B. Donation Requests - In addition to the July 1 mandatory donation, eligible employees may
transfer additional accrued sick leave, vacation or compensatory leave time for donation to an
employee, or employees experiencing catastrophic illness/injury and who have exhausted all
other personal leaves. Donated time can only be made in increments of four (4) hours.
Additionally, employees shall designate whether their 6.00 hour contribution made to the
catastrophic leave bank shall be made from the sick, vacation or compensatory leave banks.
Should recipient employees not use all their allocated donated time, any balance will remain in
the bank for future utilizations.
C. Transfer requests will be reviewed by the Catastrophic Leave Committee for approval and for
verification that the donating employee maintains the required minimum 100 leave hours after
his or her donation.
D. Donations of accumulated time are irrevocable.
E. Catastrophic leave shall not be used to supplement leaves due to industrial injuries or illness.
However, catastrophic leave may be used to supplement long-term disability benefits.
ARTICLE 23 LAYOFF PROCEDURES
Section 23.01 Grounds for Layoff - Whenever, in the judgment of the City Council, it becomes necessary to
reduce the workforce, an employee may be laid off, reduced in classification or displaced by another
employee. Such layoff, reduction or displacement shall result from action of the City Manager or
his or her designee. The City Manager shall recommend to the City Council each classification to
be affected by any such change.
Section 23.02 Notice to Employees -An employee filling a full time position shall be given fourteen (14) calendar
days prior notice of layoff. Employees transferred, reduced or displaced shall be given five (5)
calendar days' notice. The City Council may approve a reduction in the notice requirements, if so
recommended by the City Manager.
Section 23.03 At -Will l:m ployees - 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
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probationary employee shall revert to his/her previously held classification and position without loss
of seniority.
Section 23.04 Procedures for Layoff -A permanent employee in a classification affected by a reduction in force
shall be laid off based on seniority in City service, that is the employee with the least City service
shall be laid off first, followed by the employee with the second least City service, etc. Seniority
shall be determined by hire date. City seniority shall be used to effectuate the procedures set forth
in this Article. Seniority for part-time employees shall be calculated as one-half ('/z) time from the
date of hire with the City.
Section 23.05 Breaking Ties - In cases where two or more employees have the same date of hire (i.e. equal
seniority), retention points for job performance shall be credited on the basis of the average of the
overall evaluation ratings for the last three (3) years, provided the last rating had been filed more
than thirty (30) days prior to the date of the layoff notice. Retention points are as follows:
Above Standard - 24 points
Standard - 12 points
Below Standard - 0 points
In the event of a tie in seniority, the employee with the lowest average of retention points shall be
laid off first. In the event that one or more of the affected employees do not have overall evaluation
ratings for the last three (3) years on file, ties shall be broken by a coin toss.
Section 23.06 Reduction to a Vacant Position - An employee designated for layoff as a result of abolition of a
position or classification may be offered appointment to a vacant position in a lower classification,
if the employee is qualified by education and/or experience for such position. If there is more than
one qualified employee to be offered such appointment(s), the offer(s) shall be based on seniority,
with the employee with the highest seniority offered the position first, then the next highest seniority,
etc. If the employees have the same seniority, then the procedure for breaking ties set forth above
shall apply. An employee accepting such appointment shall be placed on the step for the lower
classification most closely corresponding, but in no case higher, than the salary step of his/her
previously held position, and the employee will be assigned a new salary anniversary date on the
effective date of the appointment.
Section 23.07 Displacement Rights
A. An employee designated for layoff as a result of abolition of a position or classification may
displace ("bump") an employee in a lower classification in which the employee has prior
service, provided the laid off employee has greater seniority than the employee in the lower
classification.
B. An employee designated for layoff with greater seniority may displace ("bump") a less senior
employee in a lower classification, for which he/she is immediately qualified to perform.
Section 23.08 Salary Placement
An employee who is assigned to a lower classification as a result of a displacement (bump) shall be
placed on the step of the salary range of the new classification, which is closest to the compensation
of the employee in the previous classification, but in no case higher, and the employee will be
assigned a new salary anniversary date on the effective date of the appointment. The employee
shall, however, retain seniority while his/her name remains on reemployment list or lists.
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Section 23.09 Reemployment List
The names of permanent employees who have been laid off under this section (including employees
who have bumped down) shall be placed, in order of seniority from highest to lowest, on a
reemployment list for their classification or any lower classification for which the employee is
qualified by education and/or experience. Persons on such lists shall retain eligibility for
appointment therefrom for a period of three years from the date their names were placed on the list.
As a vacancy within a classification or lower related classification becomes available, the name
appearing at the top of the list shall be offered the opportunity to fill the vacancy. The name of an
individual selected from the list to fill the vacancy who refuses the reemployment offer shall be
permanently removed from the reemployment list without right of appeal. Laid -off employees do
not earn seniority credit or benefits while on the reemployment list.
Section 23.10 Letter of Layoff
The City shall provide all employees who were laid off from the City a service letter setting forth
that the employee was laid off and is eligible for reemployment. Those employees who were
displaced to lower positions will be granted, upon the employee's request, a letter from the City
stating the employee was reduced in status as a result of a layoff and is eligible for reemployment
to the higher level position.
Section 23.11 Ri hts on Reem plovaicnt
If a person is reemployed by the City within three years, the employee's seniority, sick leave and
vacation accrual rates shall be reinstated. Any accumulated sick leave and/or vacation earnings shall
also be reinstated to the extent that the employee did not receive compensation for such earnings at
the time of layoff. Upon reemployment, employees will be placed on the same salary step held at
the time of layoff.
Section 23.12 Anneal
An employee who 1) has not been provided a letter of layoff, per Section 24.10 , the employee shall
be treated as if he/she had been terminated for disciplinary purposes and shall be permitted to appeal
the decision per the Disciplinary Appeal Procedure; or 2) has not been provided proper bumping or
displacement rights, may file an appeal to the Director of Human Resources/Risk Management.
ARTICLE 24 GRIEVANCE PROCEDURE
Section 24.01 Definition of Terms
Grievance - A grievance is an alleged violation, misinterpretation or misapplication of a specific
written departmental or agency rule or regulation or a specific provision of a Memorandum of
Understanding. A grievance is distinct from an appeal arising from disciplinary action in that it a
grievance is a violation, misinterpretation or misapplication of a specific written departmental or
agency rule and/or policy or specific provision of a Memorandum of Understanding.
Grievant - A grievant is an employee or group of employees adversely affected by an act or
omission of the agency.
Day - A day is a business day (Monday -Friday).
Immediate Supervisor -The first level supervisor of the grievant.
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Section 24.02 Time Limits
A. Compliance and Flexibility
With the written consent of both parties, the time limitation for any step may be extended or
shortened.
B. Calculation of Time Limits
Time limits for the appeal provided in each level shall begin the day following receipt of a
written decision or appeal by the parties.
C. Failure to Meet Time Limits
Failure at any level of this procedure to communicate the decision on a grievance by the City
within the specified time limits shall permit lodging an appeal at the next level of the procedure
within the time allotted had the decision been given. If the grievance is not processed by the
grievant or grievants in accordance with the time limits, the decision last made by the City shall
be deemed final.
Section 24.03 Procedure
Grievances will be processed as follows:
A. Level I - Within ten days of the date the employee reasonably knew or should have known of
the incident giving rise to the grievance, the employee should make an effort to resolve the
grievance informally with the employee's immediate supervisor. The supervisor shall hold
discussions and attempt to resolve the grievance within five (5) days.
B. Level II - If the grievance is not resolved at Level I, the grievant may submit a written grievance
to the second level supervisor within five (5) days following the expiration of time at Level I.
1. Procedure for Filing a Grievance - In filing a grievance, the employee should set forth
the following information:
a. If possible, the specific section of the departmental or agency rules or regulations
allegedly violated, misinterpreted or misapplied.
b. The specific act or omission which gave rise to the alleged violation, misinterpretation
or misapplication.
c. The date or dates on which the violation, misinterpretation or misapplication occurred.
d. The documents, witnesses or other evidence which support the grievant's position,
which are known to the grievant at the time of filing the grievance, shall be presented
with the grievance and may be supplied after the initial filing of the grievance.
e. The remedy requested.
C. Level III - If the grievance is not resolved by the second level supervisor, the grievant may
present the grievance in writing to the department head within five (5) days. The department
head will respond in writing within ten (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
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present witnesses and evidence at the hearing. The conclusions and findings of this hearing
shall be final.
Section 24.04 Matters Excluded from the Grievance Procedure
A. The grievance procedure is not intended to be used for the purpose of addressing requests or
changes in wages, hours or working conditions.
B. The procedure is not intended to be used to challenge the content of employee evaluations or
performance reviews beyond the department head.
C. The procedure is not intended to be used to challenge the merits of a reclassification, layoff,
transfer, denial of reinstatement, or denial of a step or merit increase.
D. The procedure is not intended to be used in cases of reduction in pay, demotion, suspension or
a termination, but are subject to the formal appeal process outlined in Ordinance 586.
Section 24.05 Conferences
Grievant and City representatives, upon request, shall have the right to a conference at any level of
the grievance procedure.
ARTICLE 25 POLICIES
Section 25.01 Occupational Injury and Illness Policy
The parties have agreed upon an Occupational Injury and Illness Policy, dated July 22, 2003.
Section 25.02 Disability Retirement Policy
The parties have agreed upon a Disability Retirement Policy, dated May 2010.
Section 25.03 Fitness for Duty Policy
The parties have agreed upon a Fitness for Duty Policy, dated July 3, 2003.
Section 25.04 POBR LIMITED APPEALS
The following administrative appeal process is established pursuant to Government Code § 3304.5.
It shall supplement, though not replace, the disciplinary appeal process established pursuant to the
City of El Segundo Ordinance utilizing the Los Angeles County Civil Service Commission hearing
process (Municipal Code § 1-6-16.)
This procedure shall not apply to disciplinary actions for which officers already are entitled to
receive an appeal pursuant to the City Ordinance utilizing the Los Angeles County Civil Service
Commission hearing process (set forth in Municipal Code § 1-6-16.) It shall only apply to
punitive actions, as that term is defined by Government Code § 3303, for which officers do not
already receive an appeal hearing before the Los Angeles County Civil Service Commission.
Right to Administrative Appeal
A. Any public safety officer (as defined by Government Code § 3301) who is
subjected to punitive action (as defined by Government Code § 3303) consisting
of a written reprimand, a transfer for purposes of punishment, specialty,
assignment, bonus, or similar pay, or a suspension for five (5) or less days, is
entitled to an administrative appeal only pursuant to this procedure. An officer
Page 30 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
shall not be entitled to appeal an action prior to its imposition.
B. The City and the Association mutually agree to reopen the Memorandum of
Understanding regarding the drafting of a POBR Hearing Policy regarding a
reduction in salary caused by a reassignment resulting in a loss of incentive,
specialty assignment, bonus ,or similar pay.
C. An officer who appeals a punitive action under this procedure shall bear his/her
own costs associated with the appeal hearing, including but not limited to any
and all attorney fees. The cost of a hearing officer shall be equally borne by the
Association and the City.
2. Appeal of Written Reprimands
A. Within five (5) calendar days of receipt by an officer of notification of punitive
action consisting of a written reprimand, the officer shall notify the Chief of
Police in writing of the officer's intent to appeal the written reprimand.
B. The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
Hearing Officer (Appeal of Written Reprimands Only)
A. The City Manager shall hear appeals of written reprimands, and may adopt,
modify or reject the written reprimand. The City Manager's decision shall be
final and binding.
B. The City Manager level administrative appeal shall not be a trial -type
evidentiary hearing. The limited purpose of the hearing shall be to provide the
officer with an opportunity to establish a record of the circumstances
surrounding the action and to seek modification or rejection of the written
reprimand. There shall be no subpoenas issued (for people or documents.)
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.
B. The notice of appeal shall specify the action being appealed and the substantive
and procedural grounds for the appeal.
B. The appeal shall be presided over by a hearing officer selected from a list of nine (9) provided
by the State Mediation and Conciliation Service. The hearing officer shall be selected by
alternate striking of names by the respective parties.
Conduct of Hearing (5 days or less suspensions, transfers for purposes of
punishment, reduction in salary caused by a reassignment.)
A. The formal rules of evidence do not apply, although the hearing officer shall
have discretion to exclude evidence that is incompetent, irrelevant or
cumulative, or the presentation of which will otherwise consume undue time.
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266104.13 EL140-029
B. The parties may present opening statements.
C. The parties may present evidence through documents and direct testimony.
D. The parties shall not be entitled to confront and cross-examine witnesses.
E. Following the presentation of evidence, if any, the parties may present closing
arguments.
F. Recording of the Hearing
The hearing shall be audio recorded.
G. Representation
The officer may be represented by a representative of his or her choice at all
stages of the proceedings. All costs associated with such representation and the
presentation of the officer's case, shall be borne by the Association.
The Department shall also be entitled to representation at all stages of the
proceedings. The Department shall bear its cost of representation and of
presentation of its case.
6. The hearing officer fees shall be equally borne by the City and the Association.
Decision
A. The decision of the hearing officer shall be final subject to the right of each
party to the proceeding to contest the hearing officer's determination by means
of a C.C.P. § 1094.5 petition for writ of mandate.
Section 25.05 Drug Free Work Place Policy
The City and the Association mutually agree to reopen the Memorandum of Understanding
regarding the City's Substance Abuse Policy and Drug Free Work Place Statement, drafted July 1,
2008.
ARTICLE 26 TERM OF AGREEMENT
Section 26.01 Term
The term of this MOU shall commence on October 1, 2018 and shall end on September 30, 2021.
Section 26.02 The parties agree that during the term of this Agreement, either party may request that the other re-
open the Agreement to discuss the following items:
(a) Modifications to the Municipal Code
(b) Arbitration of claims; and
(c) Worker's Compensation Carve Out program.
All changes to these items are subject to mutual agreement.
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266104.13 ELI 40-029
ARTICLE 27 "LIMITED USE" TIME OFF
Section 27.01 "Limited 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 in Section 2.02."
ARTICLE 28 WORK SCHEDULE
Section 28.01 Alternate Work Schedule
Effective coincident with the start of the January 2012 bid, employees assigned to Patrol will work
either a 3/12.5 or 3/12.5 - 4/10 hybrid schedule. The determination of which schedule is used
shall be made jointly by the police chief and the Association.
a. 3/12.5 schedule - consists of a weekly schedule of three consecutive work days of 12.5
consecutive hours each (inclusive of paid breaks and a 45 -minute paid meal period) followed
by three consecutive days off. In addition, each employee shall be scheduled to work one
additional shift each of 10 consecutive hours (inclusive of paid breaks and a 45 -minute paid
meal period) each 28 days.
b. 3/12.5 — 4/10 hybrid schedule_— consists of having some employees being regularly assigned a
3/12.5 schedule (see above) and others being regularly assigned a 4/10 schedule (see Section
28.0 1, above). The determination of what days of the week will be assigned either the 3/12.5
or the 4/10 shall be made by mutual agreement of the parties.
ARTICLE 29 EMPLOYEE REFERRAL BONUS
Section 29.01 Employee Referral Bonus
Any Unit member who recruits a non -City employee to accept employment for the Department in a
sworn position shall be provided a recruitment bonus of Five Thousand Dollars ($5,000), one-half
to be paid upon the employee's hire, one-quarter upon the employee's completion of their training
program and the other one-quarter upon the employee's successful completion of probation. These
payments are unconnected to performance and shall not be reflected on any City pay or salary
schedule, shall not be the basis for any future negotiated salary increases, and shall not be reported
as compensation earnable.
Members of the City's recruitment team and any employee who works a recruitment event shall be
eligible for this bonus, but only for an employee he or she recruits separate and apart from their
duties as a member of the recruitment team or participation in the recruitment event. Final
determinations for eligibility shall be made by the Police Chief.
On June 25, 2018, the City Council passed Resolution No.5095 increasing the amount of the referral
bonus it offered employees as a result of recruitment difficulties. Upon the sunset of Resolution
No. 5095, Unit employees' recruitment incentive shall be reduced from Five Thousand Dollars
($5,000) to Three Thousand Dollars ($3,000), which shall be paid one-half upon the hire of the
employee and one-half upon completion of probation.
Page 33 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
Signed by the City:
Greg Carpenter,
City Manager
David Serrano
Director of Human Resources
Joseph Lillio
Director of Finance
Signed by the Association:
Joseph Cameron
POA President
Brandon Browning
Vice President
Date Date
Page 34 October 1, 2014 -September 30, 2018 MOU
266104.13 EL140-029
RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL
SEGUNDO, CALIFORNIA AND THE EL SEGUNDO
POLICE OFFICERS' ASSOCIATION BARGAINING UNIT
The City Council of the City of El Segundo does hereby resolve as follows:
Section 1: Discussions 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 between the City of El Segundo and this Bargaining Unit. A copy of the
Memorandum of Understanding is attached as Exhibit "A".
Section 3: 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 minutes of this meeting.
Section 4: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED this day o f
2018.
Drew Boyles,
Mayor
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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.
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 21 It
day of November, 2018, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 21St day of
November,2018.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO.
A RESOLUTION FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT FOR THE
EL SEGUNDO POLICE OFFICERS' ASSOCIATION.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 22892(a) provides that a local agency contracting under the Public Employees'
Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount
not less than the amount required under Section 22892 (b)(1) of the Act, and
B. The City of El Segundo, hereinafter referred to as Public Agency is local agency contracting under
the Act for participation by members of the El Segundo Police Officers' Association.
SECTION 2: The Employer's contribution for each employee or annuitant shall be the amount necessary
to pay the full cost of his/her enrollment, including the enrollment of his/her family members, in a health
benefits plan up to a maximum of $1,500 per month, plus administrative fees and Contingency Reserve
Fund Assessments for the medical insurance coverage period of January 1, 2019 through December 31,
2019.
SECTION 3: The Employer's contribution for each employee or annuitant shall be the amount necessary
to pay the full cost of his/her enrollment, including the enrollment of his/her family members, in a health
benefits plan up to a maximum of $1,575 per month, plus administrative fees and Contingency Reserve
Fund Assessments for the medical insurance coverage period of January 1, 2020 through December 31,
2020.
SECTION 4: The Employer's contribution for each employee or annuitant shall be the amount necessary
to pay the full cost of his/her enrollment, including the enrollment of his/her family members, in a health
benefits plan up to a maximum of $1,650 per month, plus administrative fees and Contingency Reserve
Fund Assessments for the medical insurance coverage period of January 1, 2021 through December 31,
2021.
SECTION 5: The City of El Segundo has fully complied with any and all applicable provisions of
Government Code Section 7507 in electing the benefits set forth above.
SECTION 6: The City Clerk is directed to certify the Passage and Adoption of this Resolution; enter
same in the Book of Original Resolutions; and make a Minute of its adoption in the City's records and in
the Minutes of the meeting when it was adopted.
SECTION 7: Under Government Code § 22892, this Resolution will become effective January 1, 2018
and will remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this 21 st day of November, 2018.
Drew Boyles
Mayor
1.
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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.
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 21" day of November, 2018, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this " day of
November,2018.
2.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Mark D Hensley
City Attorney
City of EI Segundo
ESPOA Salary Table - Year 1 - 3: 2018-2021 MOU
9% COLA increase effective November 24, 2018, 2% COLA effective October 1, 2019 & 2% COLA effective October 1, 2020
Effective November 24, 2018
Range
Position
Base Pay - Year 1:
November 24, 2018 -
Step September 30, 2019
Base Pay - Year 2: Base Pay Year 3:
October 1, 2019 - October 1, 2020 -
September 30, 2020 September 30, 2021
687
OFFICER
Step A $ 6,864.84
$ 7,002.14 $ 7,142.18
Step B $ 7,208.08
$ 7,352.25 $ 7,499.29
Step C $ 7,568.49
$ 7,719.86 $ 7,874.26
Step D $ 7,946.91
$ 8,105.85 $ 8,267.97
Step E $ 8,344.26
$ 8,511.14 $ 8,681.37
Step F $ 9,178.68
$ 9,362.26 $ 9,549.50
Range
Position
Base Pay - Year 1: Base Pay - Year 2: Base Pay - Year 3:
November 24; 2018 - October 1, 2019 - October 1, 2020 -
Step September 30, 2019 September 30, 2020 September 30, 2021
700
SERGEANT
Step A $ 8,600.23 $ 8,772.24 $ 8,947.68
Step B $ 9,030.24 $ 9,210.85 $ 9,395.06
Step C $ 9,481.75 $ 9,671.39 $ 9,864.82
Step R $ 9,955.84 $ 10,154.96 $ 10,358.06
Step E $ 10,453.63 $ 10,662.71 $ 10,875.96
Step F $ 11,499.00 $ 11,728.98 $ 11,963.56
City of EI Segundo
ESPOA Education Incentive Pay Table
Flat Rates Education
Effective November 24, 2018
POA MOU November 21, 2018 - September 30, 2021
Education Incentive Tier I & II
Tier I Education
r i! Education
Range
Position
Step
60 units
or AA or
Intm. AA+Intm.
POST POST
Adv. POST B.A. M.A.
687
OFFICER
Step A
$ 298.10 $ 467.29
$ 770.71 $ 963.37 $ 1,353.62
$ 963.37
Step B
$ 298.10 $ 467.29
$ 770.71 $ 963.37 $ 1,353.62
$ 963.37
Step C
$ 298.10 $ 467.29
$ 770.71 $ 963.37 $ 1,353.62
$ 963.37
Step D
$ 298.10 $ 467.29
$ 770.71 $ 963.37 $ 1,353.62
$ 963.37
Step E
$ 298.10 $ 467.29
$ 770.71 $ 963.37 $ 1,353.62
$ 963.37
Step F
$ 298.10 $ 467.29
$ 770.71 $ 963.37 $ 1,353.62
$ 963.37
Education Incentive Tier I & II
Tier I Education
r i! Education
60 units
Range
Position
Step
or AA or
Intm. AA+Intm.
POST POST Adv. POST B.A.
M.A.
Step A
$ 373.44 $ 560.16 $ 951.56 $ 1,120.34
$ 1,622.85
$ 1,120.34
Step B
$ 373.44 $ 560.16 $ 951.56 $ 1,120.34
$ 1,622.85
$ 1,120.34
Step C
Step D
$ 373.44 $ 560.16 $ 951.56 $ 1,120.34
$ 373.44 $ 560.16 $ 951.56 $ 1,120.34
$ 1,622.85
$ 1,622.85
$ 1,120.34
$ 1,120.34
700
SERGEANT
Step E
$ 373.44 $ 560.16 $ 951.56 $ 1,120.34
$ 1,622.85
$ 1,120.34
Step F
$ 373.44 $ 560.16 $ 951.56 $ 1,120.34
$ 1,622.85
$ 1,120.34
City of EI Segundo
ESPOA Longevity Table: 2018-2021 MOU**
Flat Rates for Longevity
Effective November 24, 2018
POA MOU November 21, 2018 - September 30, 2021
Longevity Schedule for POA Members
Longevity Longevity Longevity *Longevity
Range
Position 10 YRS. 15 YRS. 20 YRS. 26 YRS
687
OFFICER $ 200.00 $ 360.00 $ 575.00 $ 1,150.00
* POA Members hired on or after February 21, 2017 are not eligible for the 26 -year longevity step.
** Elimination of a two-tiered longevity system. All POA Officers are eligible for the above longevity schedule with the exception noted above(*).
Longevity Schedule for POA Members
Longevity Longevity Longevity *Longevity
Range
Position 10 YRS. 15 YRS. 20 YRS. 26 YRS
700
SERGEANT $ 265.00 $ 485.00 $ 680.00 $ 1,515.00
* POA Members hired on or after February 21, 2017 are not eligible for the 26 -year longevity step.
** Elimination of a two-tiered longevity system. All POA Officers are eligible for the above longevity schedule with the exception noted above(*)
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 20, 2018
AGENDA HEADING: Unfinished Business
Consideration and possible action regarding approval of 1) A Memorandum of Understanding
(MOU) (Labor Agreement) between the City of El Segundo and the El Segundo Firefighters'
Association; 2) Adoption of Resolution approving the Memorandum of Understanding; 3)
Adoption of Resolution approving and authorizing changes to the City's medical premium to
Ca1PERS for each year of the MOU: (Fiscal Impact: $507,800 for FY 2018-19, $797,595 for FY
2019-20, and $1,017,993 for FY 2020-21)
RECOMMENDED COUNCIL ACTION:
1. Approve the Labor Agreement;
2. Adopt the Resolution approving the Memorandum of Understanding;
3. Adopt Resolution approving changes to the medical premium pursuant to MOU; or,
4. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
A. MOU between the City of El Segundo and the El Segundo Firefighters' Association
(FFA) (Redline and final version)
B. Resolution adopting the new FFA MOU
C. Resolution adopting the contribution towards Ca1PERS medical premiums
D. Exhibits I, II, III. IV and V representing the salary and incentive pays
Amount Budgeted: $507,800 (vacancy savings of various positions
throughout the City will be used to cover the additional
MOU costs for FY 2018-19)
Additional Appropriation: N/A
Account Number(s): 001-400-320x (various divisions within the Fire Dept.) -410x
(various salary and benefit accounts)
STRATEGIC PLAN:
Goal: 3 Develop as a choice employer and workforce
Objective: 1 El Segundo is a City employer of choice and consistently hiring for
the future, with a workforce that is inspired, world-class and
engaged, demonstrating increasing stability and innovation.
ORIGINATED BY: Joseph Lillio, Finance Director and Av
David Serrano, Human Resources Director
REVIEWED BY: Greg Carpenter, City Manager '*- 6, Cw'
APPROVED BY: Greg Carpenter, City Manager j L jjuc- (
K
BACKGROUND AND DISCUSSION:
Staff and representatives of the El Segundo Firefighters' Association (ESFFA) met and conferred
pursuant to Section 3500 et seq. of the California Government Code (MMBA), for purposes of
reaching a labor agreement. Agreement was reached on Tuesday, November 14, 2018. The
agreement has been approved by the ESFFA.
The City's approach to these negotiations was built upon foundation of fairness, balanced
approach, building trust through open and honest conversations, and seeking to further develop as
a choice employer and workforce.
The following are highlights of changes to the MOU associated with positions represented by this
bargaining unit. Salary and benefit -related items are effective the pay period beginning November
24, 2018 unless otherwise noted:
1. Term: 3 years, October 1, 2018 to September 30, 2021
2. Salary Adjustments:
• 9% effective November 24, 2018
+ 2.5% effective October 1, 2019
+ 2.5% effective October 1, 2020
3. Economic Emergency Re -opener: the parties have agreed to re -open in the event of a City
Fiscal Emergency, as declared by the City Council.
4. PERS Pick-up: Members agree to pick-up an additional 3% of PERS Payment (total of
12% pick-up);
5. Modify Education incentive to allow Tier I members (hired before 11/28/2015) shall have
opportunity to attain all degree requirements by September 30, 2021; modified longevity
requirement from 19.5 years to 19 yrs. Modified table for Tier II members, hired after
11/28/2015, for non-Persable education incentives
6. Longevity Pay: modified to reinstate Tier Il schedule for members hired after November
28, 2015, with flat rates based upon years of City service; and adopt a modified table for
Tier I member hired before November 25, 2015.
7. Health Insurance: an increase in the City's Health benefit:
• Effective 1/1/19: from $1,425.02 to $1,500 monthly allowance
+ Effective 1/1/20: from $1,500 to $1,575 monthly allowance
■ Effective 1/1/21: from $1,575 to $1,650 monthly allowance
8. Other benefits: membership agreed to cap -rate of $135 per month for vision (optical), life,
and dental coverage.
9. Computer Loan Program: members agreed to eliminate this program.
10. Compensatory Time Off ( CTO): members agreed to 144 hours (6 shifts) annual cap
11. Promotional Exam: members agreed to modification of the minimum qualifications for
promotional opportunities, to include education and State Fire Officer Certification.
Additionally, the parties agreed to re -opener clause for specific enumerated items, including
proposed changes to the City's Municipal Code covering personnel merit system; workers'
compensation carve -out program; claim arbitration; education tuition reimbursement; and any
other proposed changes by mutual agreement.
The City seeks to recruit and retain highly qualified and professional Firefighter personnel. There
are numerous factors that impact individual choices for employment with salary and benefits being
one of the major factors. Fire recruitments differ significantly from other safety positions,
however, selecting the most highly qualified candidate remains the objective. This effort and
associated challenge is shared by most Fire agencies which creates significant competition.
Based upon compensation studies conducted by the City of the salary and benefits provided to
members of this unit compared to other Fire agencies, members of this unit are 6% to 12% below
the median salary and benefits provided by other agencies in the South Bay area.
The additional cost associated with implementation of the FFA MOU for the current fiscal year is
approximately $507,800 for 10.25 months remaining in FY 2018-19. Due to numerous current
vacancies throughout the City, currently thirty-five, there will be sufficient salary and benefit
savings to cover the cost of the new MOU in FY 2018-19. No additional appropriation will be
required. The additional implementation costs for FY 2019-20 and 2020-21 are $797,595 and
$1,017,993, respectively. These amounts will be included in the City budget for those subsequent
years. The total aggregate cost over the three year term of the MOU is $2,323,388.
This salary and benefit increases and adjustments will complement Fire Department efforts to
make El Segundo Fire Department an employer of choice. Staff recommends approval of the
attached MOU in order to address recruitment and retention issues.
The MOU, as attached, contains all essential terms and conditions.
�i r•��r'::nnriK
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
ULW
EL SEGUNDO FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL 3682
OCTOBER 1, 20184 THROUGH SEPTEMBER 309
20211-7
ARTICLE 1
Section 1.01
Section 1.02
Section 1.03
Section 1.04
Section 1.05
Section 1.06
Section 1.07
Section 1.08
GENERAL PROVISIONS
Preamble
Recognition
Management Rights
Savings Clause
No Strike Clause
Maintenance of Existing Benefits
Non -Discrimination Clause
Notice to Meet and Confer
ARTICLE 2
SALARIES
Section
2.01
Salaries
Section
2.02
Schedule of Classes by Series
Section
2.03
Salary Schedule Calculation Methodology
Section
2.04
Regular Rate of Pay
Section
2.05
Base Salary Schedule - Step Advancement
Section
2.06
Firefighter Compensation/Probationary
Period
Section
2.07
Change in Anniversary Date & Range Number
Section
2.08
Salary Placement on Promotion
Section
2.09
Flexible Spending Account
ARTICLE 3 Incentive Compensation.
Section 3.01 Paramedic Special Assignment Pay
Section 3.02 Paramedic License Incentive
Section 3.03 Fire Staff Premium Pay
Section 3.04 Hazardous Material Incentive Pay
Section 3.05 Light -Duty Pay
Section 3.06 Fire Investigator Premium Pay
Section 3.07 Tiller Premium Pay
Section 3.08 Driver's License Premium Pay
Section 3.09 Requesting Incentive Compensation
ARTICLE 4 EDUCATIONAL PROGRAM
Section 4.01 Incentive Pay
Section 4.02 Eligibility
Section 4.03 Continuous Training
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ARTICLE 5 LONGEVITY ACHIEVEMENT PAY
Section 5.01 Tenure and Compensation Schedule Page 11
Section 5.02 Eligibility Page 11
ARTICLE 6 INSURANCE ACTIVE EMPLOYEES
Section 6.01 Basic Health and Medical Insurance Page 12
Section 6.02 Optical Insurance Provider Page 12
Section 6.03 Health Insurance Formula Page 12
Section 6.04 Dental, Optical and Life Insurance Page 12
Section 6.05 Long -Term Disability Insurance Page 12
Section 6.06 Catastrophic Leave Program Page 13
Section 6.07 Long -Term Care Group Insurance Page 14
Section 6.08 Medical Insurance Continuation Page 14
ARTICLE 7 INSURANCE RETIRED EMPLOYEES
Section 7.01 City Sponsored Medical Insurance Plans Page 15
Section 7.02 Other Medical Insurance Plans Page 15
Section 7.03 Eligibility Retiree Medical Insurance Page 15
ARTICLE 8 SICK LEAVE
Section 8.01 Sick Leave Accrual Page 15
Section 8.02 Sick Leave Usage for Family Care Page 15
Section 8.03 Sick Leave Payment upon Separation Page 16
Section 8.04 Sick Leave Pay upon Disability Retirement Page 16
Section 8.05 Sick Leave Pay upon Death Page 16
Section 8.06 Annual Payment for Hours Over Maximum Page 16
ARTICLE 9 VACATION
Section 9.01 Accrual - 40 -Hour Work Week Page 17
Section 9.02 Accrual - 24 -Hour Shift Page 17
Section 9.03 Vacation Eligibility Page 17
Section 9.04 Vacation Buy Back Page 17
Section 9.05 Vacation Accrual on IOD Page 18
Section 9.06 Promotion and Transfer Eligibility Page 18
Section 9.07 Payout on Termination Page 18
Section 9.08 Emergency Use Page 18
ARTICLE 10 OVERTIME
Section 10.01 General Page 18
Section 10.02 Overtime under FLSA Page 19
Section 10.03 Recall/Forced Hire Compensation Page 19
16
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ARTICLE 11 DEFERRED COMPENSATION PROGRAM
Section 11.01 Eligibility / Program Administrator Page 19
Section 11.02 Deferred Compensation Matching Funds Page 19
ARTICLE 12 RETIREMENT - PERS
Section 12.01 PERS Retirement Plan Page 20
Section 12.02 Optional Benefits Page 20
Section 12.03 PERS Payment Pick -UP Page 20
ARTICLE 13 UNIFORM AND SAFETY EQUIPMENT
Section 13.01 Uniform Maintenance Program Page 21
Section 13.02 Cal OSHA/ Fed OSHA Uniform Requirements Page 22
Section 13.03 Department Uniform Officer Page 22
ARTICLE 14 BEREAVMENT LEAVE
Section 14.01 General Page 22
Section 14.02 Use of Other Leaves Page 22
Section 14.03 Documentation Page 22
ARTICLE 15 COMPUTER LOAN PROGRAM
Section 15.01 General Page 22
Section 15.02 Initial Loan Page 23
Section 15.03 Eligible Purchases Page 23
ARTICLE 16 SAFETY COMMITTEE
Section 16.01 Selecting Members Page 23
Section 16.02 Purpose Page 23
Section 16.03 Meetings Page 24
ARTICLE 17 TRAINING REIMBURSEMENTS
Section 17.01 Paramedic Training Reimbursement Page 24
Section 17.02 Department Instructor Training Page 24
ARTICLE 18 EDUCATIONAL REIMBURSEMENTS
Section 18.01 Reimbursement for Courses Page 25
Section 18.02 Reimbursement for Tuition and Books Page 26
Section 18.03 City Reimbursement Agreement Page 26
Section 18.04 City Reimbursement Schedule Page 26
ARTICLE 19 TEMPORARY APPOINTMENTS
Section 19.01 General Page 27
Section 19.02 Method for Filling Vacancies Page 27
Section 19.03 Guidelines Page 27
Section 19.04 Parameters for Conferring Page 27
Ll Rlnyn k%
C
Section
19.05
Determination of Appointment
Page
28
Section
19.06
Intent of Policy
Page
28
ARTICLE 20
MAINTENANCE AND REPAIRS
Section
20.01
Limited Maintenance and Repair
Page
28
Section
20.02
Administrative Offices (Fire Station #1)
Page
29
ARTICLE 21
MATERNITY LEAVE
Section
21.01
Equal Benefits
Page
29
Section
21.02
Working and Reporting
Page
29
Section
21.03
Light Duty
Page
29
Section
21.04
Leave
Page
29
Section
21.05
Notice of Leave
Page
30
Section
21.06
Returning to Work
Page
30
Section
21.07
Comparable Position
Page
30
Section
21.08
Rights
Page
31
ARTICLE 22
POLICY AND PROCEDURE AGREEMENTS
Section
22.01
Disability Retirement Appeal Procedures
Page
31
Section
22.02
Injury on Duty Procedures
Page
31
Section
22.03
Modified Duty Procedures
Page
31
Section
22.04
Rehire Policies
Page
32
Section
22.05.
Rank for Rank Policy
Page
32
Section
22.06
Drug-Free Workplace Policy
Page
32
Section
22.07
Layoff and Recall Policy
Page
32
Section
22.08
Grievance Procedure
Page
35
Section
22.09
Shift Trade Policy
Page
38
Section
22.10
No Smoking Policy
Page
39
Section
22.11
Medical Examination Policy
Page
39
Section
22.12
Military Leave Policy
Page
39
Section
22.13
Election Day Voting Policy
Page
39
Section
22.14
Jury Duty
Page
39
Section
22.15
Firefighters Procedural Bill of Rights
Page
40
ARTICLE 23
UNION BUSINESS
Section
23.01
Bulletin Boards
Page
40
Section
23.02
Union Meetings
Page
40
Section
23.03
Conduct of Union/Association Business
Page
40
Section
23.04
Agency Shop Clause
Page
—41
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ARTICLE 24
Section 24.01 Accumulation
Section 24.02 Annual Payment
Section 24.03 PERS Pick -Up
ARTICLE 25 MISCELLANEOUS
Section 25.01 Promotional Examination Requirements
Section 25.02 Opportunity to Review Materials
Section 25.03 Training Public and Employees
ARTICLE 26 SCHEDULE
Section 26.01 Schedule - Suppression Employees
ARTICLE 27 TERM
Section 27.01 Term
ARTICLE 28
Section 28.01
ARTICLE 29
Section 29.01
LIMITED LAYOFFS
No Layoffs
SIGNATURES
Signatures
HOLIDAYS
Page 43
Page 43
Page 43
Page 43
Page 44
Page 44
Page 44
Page 45
Page 45
Page 46
EXHIBIT I Supplenental Procedures for Appeals Page 47
Wixefi hters of Purnitive Action Under
Firefi titers Procadural Bi 1 of Ri hts
z GPR2
Section 1. 01
ARTICLE 1 - GENERAL PROVISIONS
PREAMBLE
1. This Memorandum of Understanding is made and entered into between
the E1 Segundo Firefighters' Association, affiliated with the
International Association of Firefighters, hereinafter, referred
to as "Union", and the management representatives of the City of
El Segundo, hereinafter referred to as the "City", pursuant to
the California Government Code Section 3500 et seq.
The parties have met and conferred in good faith regarding
employment conditions and it is mutually agreed that this
Memorandum of Understanding shall be effective as described in
Section 1.08, below. It is further agreed that except as
provided herein, there will be no other negotiations for
salaries, benefits, and working conditions for the term covered
by this Memorandum unless both parties agree otherwise; and the
parties shall submit this Memorandum to the City Council with a
joint recommendation that the body resolves to adopt appropriate
motions and resolutions to implement the provisions of this
Memorandum. Nothing herein prevents the City from meeting and
conferring with the Union on proposed changes to the City's
Personnel Rules and Regulations, which are within the scope of
representation.
Formatted: Indent: Left: 0.5', No bullets or numbering
Notwithstanding the above the Parties agree that duritq the to
of this Memorandum itheY art ma s#tal�re-o tri this Formatted: Indent: Left: 0.25', Hanging: 0.25", No bullets
Memorandum eeand require the other art discuss the tollowt or numbering
items -
•(a) Modification to the Municipal Code Formatted: No bullets or numbering
(b) Arbitration of claims
(p} Worker's Compensation Carve Out Pro ram
(d) Education Reimbursement Program
However, no
made with respect to anv of
3. Any and all prior or existing Memoranda of Understanding, Letters
of Agreement, Addendums, Side Letters, and other such documents
between the parties are hereby superseded and terminated in their
entirety, whether or not the specific subject matter of any such
document is addressed herein.
Section 1.02 RECOGNITION
1, The City hereby confirms its recognition of the Union as
representative of the employees in the representation unit
containing positions specifically set forth below, and has agreed
to meet and confer with the Union on all matters relating to the
scope of representation pertaining to the said employees as
authorized by law. For representation purposes, the unit shall
r
consist of the following positions: Firefighte, Fire Paramedic,
Fire Engineer, and Fire Captain. The Union was also recognized to
represent the previous position of Special Assignment Paramedic.
Section 1.03 MANAGEMENT RIGHTS
1. Except as limited by specific and express terms of this
agreement, the City hereby retains and reserves unto itself all
rights, powers, authority, duty and responsibilities conferred on
and vested in it by the laws and the Constitution of the State of
California and/or the United States of America.
The management and the direction of the work force of the City is
vested exclusively in the City, and nothing in the agreement is
intended to circumscribe or modify the existing rights of the
City to direct the work of its employees; hire, promote, demote,
transfer, assign and retain employees in positions within the
City, subject to the rules and regulations of the City; suspend
or discharge employees for proper cause; maintain the efficiency
of governmental operations; relieve employees for lack of work;
take action as may be necessary to carry out the City's mission
and services in emergencies.: and to determine the methods, means
and personnel by which the operations are to be carried out
within the scope of representation.
Section 1.04 SAVINGS CLAUSE
If any provision or the application of any provision of this
Memorandum as implemented should be rendered or declared invalid
by any final court action or decree, or by reason of any
preemptive legislation, the remaining sections of this memorandum
shall remain in force and effect for the duration of said
Memorandum.
Section 1.05 NO STRIKE CLAUSE
1. California Labor Code Section 1962 .provides that firefighters
shall not have the right to strike, or to recognize a picket line
of a labor organization while in the course of the performance of
their official duties. Therefore, and irrespective of the term
or existence of any Memorandum of Understanding or other rule or
regulations, the parties acknowledge that such activity is
unlawful.
Additionally, any other job action, including but not limited to
slow downs, speed ups, "sick outs' and other activity actually or
potentially having a negative impact upon the public health and
welfare, is deemed illegal and is prohibited, irrespective of the
term or existence of any Memorandum of Understanding e.g. see
09of Santa Ana v. Santa Ana Police Benevolent Association
9) 207 Cal.App. 3rd 1568, 255 Cal.Rptr. 688 regarding public
safety organization "sick outs").
Section 1.06 MAINTENANCE OF EXISTING BENEFITS
1. The Memorandum of Understanding contains all of the covenants,
stipulations and provisions agreed upon by the parties. It is
understood that all items relating to employee wages, hours and
r� 007 ❑151ko [
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other terms and conditions of employment not covered in this
Memorandum of Understanding are covered by existing ordinances,
resolutions, policies, and practices of the City, as well as the
Personnel Rules and Regulations presently in effect. Therefore,
for the life of this agreement, neither party shall be compelled
to meet and confer with the other concerning any mandatory meet
and confer issues whether specifically discussed prior to the
execution of this agreement or which may have been omitted in the
discussions which led up to the execution of this agreement,
except as provided in this agreement or by mutual agreement of
parties.
2. Nothing herein prevents the City and Union from meeting and
consulting on the City's Personnel Rules and Regulations, which
are within the scope of representation. However, the mutual
agreement of both the City and Union are required to effect any
change.
Section 1.07 NON-DISCRIMINATION CLAUSE
1. The Union and the City recognize and agree to protect the rights
of all employees to join and/or participate in the protected
Union activities or to refrain from joining or participating in
protected activities in accordance with Government Code Sections
3500 through 3510.
2. The City and the Union agree that they shall not illegally
discriminate against any employee because of race, color, sex,
age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal
employee opportunities for all employees. The City and the Union
shall reopen any provision of this agreement for the purpose of
complying with any final order of a Federal or State agency or
court of competent jurisdiction requiring a modification or
change in any provision or provisions of this agreement dealing
with State or Federal anti -discrimination laws.
Section 1.08 NOTICE TO MEET AND CONFER
1. Except in cases of emergency as provided in Government Code
section 3504.5, the governing body of a public agency, and
boards and commissions designated by law or by such governing
body, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule,
resolution, or regulation directly relating to matters within
the scope of representation proposed to be adopted by the
governing body or such boards and commissions and shall give
such recognized employee organization the opportunity to meet
with the governing body or such boards and commissions.
2. In cases of emergency when the governing body or such boards or
commissions determine that an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice or
meeting with a recognized employee organization, the governing
body or such boards, and commissions shall provide such notice
and opportunity to meet at the earliest practicable time
following the adoption of such ordinance, rule, resolution, or
regulation.
ARTICLE 2 - SALARIES
Section 2.01 SALARIES
1. Effective October 14, 2008, the past practice of "compounding"
base salaries shall terminate, whereby base salaries were
previously supplemented and increased in amounts determined by
the percent of incentives/special compensation pay.
2. Effective November 235, 2018§, the base salary of each of feeted
represented employee shall be increased by ninetue percent (94°x)
3. Effective the pay period that includes October 1, 20196, the base
salary of each 4 -represented employee shall be increased
by two and one-half three ercent (2253%).
-3-4 Effective the pay period that includes October 1, 2020, the
base salary of each afEestearepresented employee shall be
4-5. Attached to this Memorandum of Understanding as Exhibit II,
and incorporated herein by reference as though set forth in full,
is the actual computation of base salaries as reflected by the
above provisions of this Section 2.01.
Section 2.02 SCHEDULE OF CLASSES BY SERIES
1. The following respective range numbers are hereby allocated and
assigned to the following respective positions in the service of
the City, hereinafter set forth:
Firefighter 483 Steps A - F
Fire Engineer 497 Steps A - E
Fire Paramedic 497 Steps A - E
Fire Captain 510 Steps A - E
2. Effective November 28, 2015, a new classification of Fire
Paramedic shall be established. The assigned salary range
is 497, Steps A - E.
Section 2.03 SALARY SCHEDULE CALCULATION METHODOLOGY
1. The methodology used in computing adjustments in monthly salary
shall be as follows:
2. Adjustments are to be computed from the amount shown in the base
4
Q 71
tlp&?
-{y4(IE41
salary columns, step A through F of Range 483, and step A through
E of Ranges 497 and 510 of the Base Salary Schedule. Multiply
each step by the percent of the new salary adjustment. Once all
of the salary steps have been computed, each salary figure shall
be rounded off to two (2) decimal places, and this amount will
comprise the new base salary schedule. Taxable pay will be
calculated by subtracting the Public Kmpl❑yee Retirement System
(PERS) picked up by the employer in accordance with Internal
Revenue Code Section 414(h)(2), (which is -calculated at 9% of the
resulting regular rate of pay). Hourly rates for each step are
calculated by multiplying the respective unrounded salary step
plus applicable incentives (regular rate of pay) by twelve (12)
and then dividing by two thousazid nine hundred twelve (2,912) and
rounding off the result to the nearest two (2) decimal places.
Section 2.04 REGULAR RATE OF PAY
1. This MOU periodically refers to the "regular rate of pay." The
"regular rate of pay" is defined in 29 CFR -5 ;8.;9A et5eq IiSC
9 207(e) withinthe Fair Labor Standards Act ("FLSA"). The
"Apfi :=t man" "reaular rate of pay" as used in this MOUt3rsed
zns NO NO is intended to be cons
assigned in the FLSA as described in e
the re alar rate of paV is the remune
of theemployee except for those item
rate of paV as set forth in 2U9 USC §
the definition
r). Therefore.
rate ef- pay" �a the reintHieration paid be, or en behali ef the
de€ arra-strew sxste-with statuee,Fease—law. The parties
acknowledge that the City does not pay the employee's 9% PERS
member contribution and consequently employer paid member
contribution of 9% does not apply to this bargaining unit and is
not to be calculated as part of the regular rate of pay. Such
acknowledgement shall not cause any reduction of pay as the
result of this language.
set
rate of Pav is derived by taking all .remuneration
r-uff--i
Section 2.05 BASE SALARY SCHEDULE -STEP ADVANCEMENT
The advancement of a new employee from Step A shall be on the new
employee's anniversary date which is established as the day
immediately following satisfactory completion of his/her first
six months service; Steps B, C, D and E (F for Firefighters only)
contemplate one year's service in each of such classification
subject to the limitations of the paragraph below and the
advancements there from shall be on the anniversary date of the
employee; Step E (F for Firefighters only) contemplates continued
service in such step until further advancement is indicated by
reason of longevity.
2. if the employee's anniversary date falls in the first week of the
pay period, the effective date of the increase will be the first
day of that pay period; if the anniversary date falls in the
second week of the pay period, the effective date of the increase
will be the first day of the following pay period. An employee
in the fire service shall be presumed to merit an increase in pay
unless his or her current performance evaluation on file rates
him or her below standard or unsatisfactory and the Fire Chief
notifies the Personnel officer and employee in writing at least
ten days in advance of the scheduled increase that the increase
in pay should be withheld, stating reasons. If employee's
performance subsequently improves to a satisfactory level, the
pay will be granted upon the issuance of a satisfactory
performance report.
Section 2.06 FIREFIGHTER COMPENSATION/PROBATIONARY PERIOD
Fire service employees shall be appointed to the position of
Firefighter and compensated at Step A of the range assigned to
Firefighter (483) for the first six (6) months from their date
of hire. They shall be on probation during the first twelve (12)
months from their date of hire.
Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NURSER
An employee advanced from one range to another, shall receive a
new anniversary date, which is the date of the change. Other
changes in salary, unless specifically directed by the Council
or as provided in the second paragraph of the. Section herein
entitled "Base Schedule -Step Advancement" herein shall not
change the anniversary date, except for promotions made in
accordance with the Personnel merit System ordinance and the
Personnel Rules and Regulations. The City Council reserves the
right at any time, and in its sole discretion, to change the
range number assigned to any officer or employee and to
determine the particular step in any range nimber which is to be
thereafter assigned to any such officer or employee_
Section 2.08 SALARY PLAC MNT ON PROMDTION
In all cases where an employee is promoted to a classification
for which a higher rateof compensation is provided, then such
employee so promoted shall enter into such higher classification
at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent of
the base rate of the affected employee.
All supervisors shall be paid a base rate not less than the next
higher base rate than any of their subordinates. In the event
that a supervisor is paid a base rate of pay equal to or lower
than one of his/her subordinate's base rate, the supervisor's
base rate shall be advanced to a step in his/her salary range
which is next higher than any subordinate's base pay exclusive
of longevity pay, educational incentive pay, and special
assignment pay.
3. Any affected employee assigned to and performing the duties of a
Fire Paramedic and who is promoted, shall suffer no decrease in
base salary (pre -promotion base salary being measured by base
salary plus any paramedic bonus). This Section shall not apply
to paramedics who suffer a salary decrease because of a
reassignment out of the paramedic program (as opposed to a
promotion).
Section 2.09 FLEXIBLE SPENDING ACCOUNT
1. The City shall allow employees to participate in the Flexible
Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
ARTICLE 3 - INCENTIVE COMPENSATION
Section 3.01 PARAMEDIC SPECIAL ASSIGIOENT PAY
Effective the pay period beginning November 28, 2015,
Paramedic Special Assignment Pay shall no longer be provided
to members of this bargaining unit. Rather, employees
currently performing special assignment paramedic duties
shall be reclassified to the newly created classification of
Fire Paramedic.
Section 3.02 PARAMEDIC LICENSE INCENTIVE
1. Effective October 14, 2008, permanent sworn employees with a
that
possess a California Paramedic License and have Accreditation by
the County of Los Angeles will be compensated at the monthly
amount set forth in xhibit 4-171V. Formatted: Highlight
2. The members qualifying for this incentive may be utilized on
paramedic assessment apparatus. These employees will be used on
rescue ambulances to cover for members in the special assignment
paramedic status when no special assignment paramedic can be
reasonably called in from off duty. When no Fire Paramedic can be
reasonably called in from off duty, then the following procedure
will be used.
a. If the opening occurs on a rescue ambulance, move the
special assignment paramedic from the assessment apparatus
to the rescue ambulance.
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b. Move an on -duty qualified paramedic Engineer or Captain to
the assessment apparatus and hire back a Firefighter (the
on -duty Battalion Chief will decide based on operational
need as to which on -duty member would best be moved.)
c. If there is no on -duty qualified paramedic Engineer or
Captain, check availability for an off-duty qualified
paramedic Engineer or Captain who has signed up and attempt
to rehire (Engineers will be considered first then
Captains.)
d. If there are none on the availability rehire list, then
attempt to force hire an off-duty qualified paramedic
Engineer or Captain (Engineers will be force hired first
before Captains.)
e. If no off-duty qualified paramedic Engineers or Captains can
reasonably be called in from off-duty, then a firefighter
will be force hired to fill the vacancy.
3. Members who have never been certified/licensed or who have
decertified (no longer licensed) and seek certification or
recertification (licensure) will be sponsored by the City at the
member's request. Certification, recertification or licensure
shall be at the member's own time and expense including all fees
for testing, licensure and any other associated costs with the
exception of continuing education currently provided by the
City's EMS Educator. Educational reimbursement will not be
provided for outside training required for the initial
recertification/licensure, or in situations where the employee
did not attend classes provided in-house by the City's Nurse
Educator or other City provided resource. Once a member has in
his/her possession a California Paramedic License and
Accreditation from Los Angeles County and makes those documents
available for inspection by the City, they shall be compensated
as per the provisions in this MOU.
4. The City shall continue to provide an EMS Educator.
Section 3.03 FIRE STAFF PREMIIILF PAY
1. Effective October 14, 2008, uniformed personnel who are assigned
Fire Department work outside of the Suppression Division shall
receive fire staff premium pay equal to Fifteen percent (15%)
above the employee's regular rate of pay to which they are
entitled.
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Section 3.04 HAZARDOUS MATERIALS FIRST RESPONDER OPERATIONAL
INCENTIVE PAY
Effective the pay period beginning November 28, 2015, Hazardous
Materials Pay shall no longer be provided to members of this
bargaining unit.
Section 3.05 LIGHT-DUTY PAY
1. When an employee is assigned to light duty because of a
temporary physical disability or condition, she/he shall be paid
at the rate of her/his normal duty assignment without regard to
the temporary duty schedule.
Section 3.06 FIRE INVESTIGATOR PREMIUM PAY
1. The assignment of cause and origin/arson investigators (also
described as "fire investigators") shall be created with the
assignment requirements being designated by the Fire Chief.
Employees selected to serve in this assignment shall receive a
$50.00 per month stipend. The stipend shall commence with the
employee providing evidence of having successfully completed
mandated training and qualification to be certified to perform
the duties of the assignment.
Section 3.07 TILLER PREMIUM PAY
Employees classified as Firefighters and tiller certified by the
City shall receive a monthly stipend of $50.00.
Section 3.08 DRIVER'S LICENSE PREMIUM PAY
1. Effective the pay period beginning November 28, 2015, Driver's
License Premium Pay shall no longer be provided to members of
this bargaining unit.
2. The City will provide the training and the means (i.e.,
equipment) to obtain the Class "C" license with a firefighter
endorsement qualified to operate a class "A" vehicle. In the
event the City elects not to provide the training or means to
obtain the required license, the requirement for the respective
license shall be dropped until such time as the City again
provides the said training and means.
Section 3.09 REQUESTING INCENTIVE COMPENSATION
1. Members eligible to receive incentive compensation shall make a
request in writing in order to receive such compensation (NOTE:
through an approved form through channels to the Fire Department
Personnel Officer. They shall also provide copies of the
necessary proof of their eligibility to receive the incentive as
outlined below:
Incentive Compensation
Paramedic License Incentive:
Educational Program - EMT -D
Educational Program - Units
Educational Program - Certificate
Educational Program - Degrees
Reauired Proof
Accreditation, license and
certification by County of Los
Angeles and State of California
as a Paramedic.
A current EMT -D certification
official or unofficial transcript
listing required units.
Certificate, or official or
unofficial transcript listing
certificate earned.
Diploma, or official/unofficial
transcript listing degree earned
or showing that the requirements
have been met.
2. In addition, for incentive items that are renewed (Paramedic and
EMT -D,) members must provide proof of renewal prior to the date
of expiration of the last provided proof of eligibility.
Failure to provide proof prior to the expiration will result in
the loss of the effected incentive compensation, retroactive
back to the date of expiration. The employee can have the
incentive pay reinstated in the first payroll period following
provision of proof of eligibility. The reinstatement shall be
retroactive to the date the member met the qualifications for an
incentive item as indicated in the proof of eligibility.
ARTICLE 4 - EDUCATIONAL PROGRAMS - TIER ONE
Section 4.01 INCENTIVE PAY -TIER �N6
1. Members of this bargaining unit hired on or before November 28,
2015 w444--be—shall be eligible for ene—addiztten0l: SeiUeati&A
Incentive Pay for
ion aI
Ls in
-Ttne amountstaches sci. �Vzk's+—�sr-rr+c
in Exhibit III, atd and incorporated into
this MOU. The one additie,al—Ezeentive -Will be held in a e-
BeptefFdbei Members of this bargaining unit who are
___f__ _ �-+-- — achieve one of the followin levels after
September 30, 2p213Pshall nat be eligible for the additional
Education Incentive Pay associated with that level.
a. Fire Science Certificate or successful completion of twenty
units of college level courses in Fire Science—&r—. o
10
b. Associate of Arts Degree with at least twenty units in Fire
science .
C. Bachelor's Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fare Chief and 10 ye_ —ser--iee wmt- h the S'
Degree
The above amounts shall not be cumulative.
2. Bargaining unit members hired after November 28, 2015, shall not
be eligible for the Education Incentive Pay described above -P.
Section 4.02 ELIGIBILITY
Prior to an employee engaging in a major course of study, he/she
must receive written approval from the Fire Chief for the
eligibility of the specific type of College Degree to guarantee
his/her eligibility for incentive pay as provided herein. Sao
pay
shall
tfte
evaittabien i:3 iated 6e
_ n.ey Ee _i_rr_
atienr
Section 4.03 CONTINUOUS TRAINING
1. The City currently provides the training and the means to obtain
the EMT -D certification and the Class "B" Restricted Driver's
License. In the event the City elects not to provide the
training or means to obtain the required oerti£icatipn or
license, the requirement for the respective certification or
license shall be dropped and otherwise qualified employees shall
remain eligible for educational incentive pay until such time as
the City again provides the said training and means.
11
,ARTICLE 5—EDUCATIONAX, wU
Section 5.01 DUCATION BONUS
Bargaining unit members hired after November 28, 2015, shall be
c_i ice..•_-_
eligible far �-=c _ _ _ ___ a monthly Education Bonus upon achieving
the followinq education levels in the amounts set forth below. In
order to receive an Education Bonus, the re resented em to ee must
have receive a, 1111 -` �'`' "gid ,satisfactory score on his/het_
most recent performance evaluation.
—�The Education Bonus shall not be reflected On any City pay or
as rnat7le
Bachelor's Degree $500 monthly
Master's Degree $900 monthly
The above amounts shall not be cumulative.
i.
Section 5.02 ELIGIBILITY
1. Prior to anemployee o
must receive writter
eliaibility of the so
Formatted: Indent: Left: 0.5", No bullets or numbering
Formatted: No bullets or numbering
Formatted: Font: Bold
Formatted: Centered, No bullets or numbering
Formatted: Font: Bold
Formatted: No bullets or numbering
Formatted: No bullets or numbering
Formatted: No bullets or numtrtr'fng
n a major course of study, he/she Formatted: Indent: Left: 0.25", Hanging: 0.31", Right:
from the Fire Chief for the 0.0611, Widow/Orphan control
:e of College piegree to guarantee
ication Bonus as rovided herein.
or Education Bonus shall remain
ell ibie durin the course ax ntsjner em to enG W21;11LIM
with the followin exceptions: After walifying for the
Education Bonus, an employee shall cease to receive such Bonus
during anytime
period that: the em to ee does not meet the
requirements for Education Bonus; the em 10 ee is suspended
without pay; or the em to eels most recent erformance
evaluation is rated below standard or unsatisfactor An
em to ee who has lost his her ell ibilit to receive this
Education Bonus under the terms stated above shall have their
Education Bonus reinstated the first payroll period following
his/her re- alification. The City agrees that it will provide
--- c...- —I. - I- i -- . of in,aividnaln receivina bellow
if it does not provide a new evaluation to such an xnoiv
h17—
e she shall commence receiving the Education Bonus six
after the below satisfactory evaluation.
ARTICLE 65 - LONGEVITY AGH-Zr� -PAY
Section §6.01 IER ONE
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1
-
1. Members of this bargaining unit hired on or before November 28,
2015 ►,rm�11;—shall be eligible for tienaL Longevity Cray
-nom, as set forth in Exhibit IV, attached and incorporated
into this MOU. Opee the neitt Lengev—ey
the- -e. _ _ _
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..Neve-bet 26, 2015,Formatted: Indent: Left: 0.25", No bullets or ntsmhering
ARTICLE 7 — LONGEVITY AFP—PAY — TIER TWO
1. Bargaining Unit members hired on or after November 28 2015
shall be eli ible for Longevity Pay as follows:
6 yice - $500 •- -= monthly
13 ears o€ service -$700 monthl•
20 vears of service -$900 monthly
The Lon evlt a ents in this section are as set forth in
Exhibit V attached and incorporated into this MOU
ARTICLE 86 — INSURANCE ACTIVE EMPLOYEES
Section 86.01 BASIC HEALTH AND MEDICAL INSURANCE
1. The City will consult with employees through the insurance
committee and Consider all suggestion$ and presentations on the
types of insurance plan or plans to be purchased. The City
reservers the right to determine the insurance carrier with whom
the City will contract for coverage.
Section 86.02 OPTICAL INSURANCE PROVIDER
The optical insurance plan to be selected by the City will be
the Teamsters' proposed vision plan provided through Vision Care
Plan or a plan with similar benefits.
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+ -0.5", Left + 0", Left
Formatted: Heading 3, Right: 0.06", No bullets or
numbering, Keep with next, Keep lines together, Don't
hyphenate, Tab stops: -1", Left + -0.5', Left + 0", Left
Formatted: Indent: Left: 0.5"
Section 8.6.03 HEALTH INSURANCE FORMULA
1. Effective €art- =-_ gedjeaj - `at January 2019r and for the
duration of calendar year 2019-6, the maximum monthly City -paid
health insurance remium contribution for medical health
..r s..r :�-.�� ^awe n4
insurance e shat he *I,500��.
2. Effective €•ef `he med" "' e- - =—january 2020 and for the
duration of calendar year V, -202029+b, the maximum monthly
City -paid health insurance premium contribution for medical
health insurance will be $$1.575'' ""r-rT. 2. _ _r -ate is equal to
3-4. 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 owp cost; the 2016 monthly rate is $9.52 and is
subject to change.
Section 6.04 DENTAL OPTICAL AND LIFE INSURANCE
Ger_+The City will extend dental coverage for dependents to the
age of 26 as is the current practice for medical insurance.
Section 6.05 LONG-TERM DISABILITY INSURANCE
1. The City will pay on behalf of each qualifying employee 1001 of
premiums for California Association of Professional Firefighters
group Long -Term Disability insurance. These payments shall be
reported to the taxing authorities as ordinary income of the
employees.
14
Formatted: Indent: Left: 0.5", No bulletr or rtumherin9
An employee who has qualified for Long -Term Disability as a
result of an injury or illness shall be required to implement a
50/50 integration benefit (50% of the available LTD benefit
being funded by any and all accrued leaves) under the LTD Plan
after their FMLA time expires. This 50/50 option will continue
until the employee returns to duty, terminates employment, or
exhausts all accrued Leaves. During use of the integration
benefit process, the City will continue the employee's medical
insurance and retirement payments as if the employee were not on
Leave.
3. Employees of the Firefighters Bargaining Unit may participate in
the City's Catastrophic Leave Program. Members on Long -Term
Disability Leave, upon exhausting all accrued leaves, will be
considered for the use of the City's Catastrophic Leave Program.
Section 6.06 CATASTROPHIC LEAVE PROGRAM
The Catastrophic Leave Program is as follows:
a. Purpose
To establish a program whereby City employees may donate
accumulated time to a catastrophic sick leave bank to be used by
permanent part-time and full-time employees who are
incapacitated due to a catastrophic illness or injury.
b. Definition
A catastrophic illness or injury is a chronic or long term
health condition that is incurable or so serious that, if not
treated, it would likely result in a long period of incapacity.
Procedures
There is established a joint-employer/employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
Employees may transfer sick leave, vacation or compensatory
leave to the Catastrophic Leave Bank to be donated to an
employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made
on July 1 of each year on forms provided by the City of E1
Segundo. The employee to receive the donation will sign the
"Request to Receive Donation" form allowing publication and
distribution of information regarding kis/her situation.
Sick Leave, vacation and compensatory time leave donations will
be made in increments of no less than one day. These will be
hour for hour donations.
Employees must, at the time of donation, have a minimum of one
hundred (100)hours of accumulated illness/injury leave remaining
after a donation has been made.
15
1
5. The donation of time is irrevocable. Should the recipient
employee not use all of the donated time for the catastrophic
illness or injury, any balance will remain in the Catastrophic
Leave Bank to be administered by the committee and utilized for
the next catastrophic leave situation.
Section 6.07 LONG TERM CARE GROUP INSURANCE
1. Effective November 28, 2015, the City shall no longer pay on
behalf of each qualifying employee any premiums for California
Association of Professional Firefighters Supplemental Long Term
Care Rider Composite Plan.
Section 6.08 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH
1. If it is determined by the Workers' Compensation Appeals Board
and/or the Public Employees' Retirement System that an
Association member has died as a direct and proximate result of
the performance of duties in the course and scope of his/her
employment, then the City shall continue to make group medical
insurance premium payments on behalf of the surviving spouse
until age 65, Medicare eligibility, whichever comes first, and to
the children of the deceased member until age 18. Said medical
premium payments on behalf of the children of a deceased member
shall continue if at age 18, the child commences uninterrupted
college enrollment, but not to exceed the age of 23.
2. The City -paid medical insurance premiums described herein shall
be in an amount required to fund the level of medical insurance
benefits, which the deceased member was receiving at the time of
his/her death. For example, if at the time of death, the member
was enrolled in a specific HMO Plan, then future premium payments
made pursuant to this Section shall be in an amount required to
maintain comparable plan benefits.
ARTICLE 7 - INSURANCE RETIRED EMPLOYEES
Section 7.01 CITY SPONSORED MEDICAL INSURANCE PLANS
1. The City will pay 100% of the premium for the agreed upon health
insurance, under the City's insurance plans, for retired
employees and eligible dependents, to the maximum dollar amount
being equal to the contribution made for current employees with
coverage which is the same as that of the retiree.
Section 7.02 OTHER MEDICAL INSURANCE PLANS
The City shall contribute up to $120.40 per month to employees
who service retire while under the employ of the City of E1
Segundo toward any medical insurance coverage which the retiree
should select for himself or herself if the selected medical
coverage is not provided under the City's insurance plans.
16
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Retirees with non -City medical coverage shall submit proof of
their annual coverage for medical insurance to the City at any
time during the year and the City will issue them a reimbursement
check. Partial year coverage shall be compensated on a pro -rated
basis.
2. The above limitation shall not apply for retirees who retired
before December 1989 and in December 1989 were not receiving a
City contribution to medical insurance. The monthly limitation
for such employees shall be $75.00.
Section 7.03 ELIGIBILITY RETIREE MEAICAL INSURANCE
1. Effective July 1, 1989, employees shall have a minimum of five
(5) years of City service as a prerequisite to receive from the
City service retiree medical insurance contributions and
continued participation in the City's group insurance plans
except as may be mandated by law (e.g., COBRA).
ARTICLE 8 - SICK LEAVE
Section 8.01 SICK LEAVE ACCRUAL
1. Permanent employees shall accumulate sick leave at the rate of
one eight-hour day accumulation for each month's service not to
exceed a maximum of 1056 hours. Members of the Fire Service in
the positions of Firefighter. Fire Paramedic, Fire Engineer, and
Fire Captain who work shifts shall accumulate sick leave at the
rate of one twelve-hour day accumulation for each month's
service, not to exceed a maximum of 1584 hours. Sick leave
shall be available for immediate use beginning from date of
hire.
Section 8.02 SICK LEAVE USAGE FOR FAMILY CARE
1. Affected employees are eligible to utilize a maximum of six (6)
days (three shifts) of sick leave per calendar year in order
that care may be provided to immediate family members suffering
from illness or injury.
Section 8.03 SICK LEAVE PAY UPON SEPARATION
1.. Upon separation from service of an employee, the City shall pay
for the employee's unused sick leave accumulation according to
the following schedule at the same rate the employee would have
received had he/she used the benefit to -receive full pay while
absent on the date of the cash -out payment:
a. 50% after ten (10) years of service.
b. 90% after twenty (20) years of service.
17
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2 ropn . 9d(•2
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2. Employees with 25 years or more of City service who have reached
age 47 or more may, in each of their final three years of
employment, cash out up to 113 of their accrued unused sick
leave up to a maximum of 90€ as long as they maintain a 120 hour
post distribution balance during employment. The cash out is
limited to one time per calendar year with the exception of the
final 1/3 cash out to be made on separation. The first two
payments are limited to the maximum dollar value of deferred
compensation "catch up" permitted by law for the calendar year
in which the cash out is received. In no event can an employee
cash-out a cumulative total greater than that permitted above.
3. Effective October 1, 2016, employee's sick leave pay for 8.03(1)
and 8.03(2) shall be paid at the base hourly rate set forth on
the salary schedule.
Section 8.04 SICK LEAVE PAY UPON DISABILITY REMIRENENT
Changed
Employees separating rom service ecause O a dis ility
Changed
retirement, after five (5) years of service, will be compensatedat
90% of the employee's accumulated, unused sick leave at the
VField
Changed
same rate the employees would have received had he/she used the
Changed
benefits to receive full pay while absent on the date of the
Changed
cash -out payment. Effective October 1, 2016, employee's sice
leave shall be paid at the base hourly rate set forth on thee
Changed
salary schedule.
Field Code Changed
Field Code Changed
Section 8.05 SICK LEAVE PAY UPON DEATH
1. Employees who die while under the employ of the City will
receive 75% of their accrued unused sick leave. Benefits shall
be paid to employee's beneficiaries and/or estate at the
"regular rate of pay". Effective October 1, 2016, employee's
sick leave shall be paid at the base hourly rate set forth on
the salary schedule.
Section 8.06 ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
1. on the first day of December of each year, employees who
maintain a balance of 1056 hours (Firefighters assigned to fire
suppression, 1584 hours) of Sick Leave accrual shall be paid at
the "regular rate of pay" for one-half the Sick Leave
accumulated and not used during the preceding twelve-month
period. Payment shall be made on or before December 10.
Effective October 1, 2016, employee's sick leave shall be paid
at the base hourly gate set forth on the salary schedule.
18
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Nine
ARTICLE 9 - VACATION LEAVE
Section 9.01 VACATION ACCRUAL 40 -HOUR WORK WEEK
1. Members of the Union who work 40 hours a week shall accumulate
vacation time not to exceed the total aggregate of two years
accumulation in accordance with the following schedule:
a. Twelve (12) working days per year with full salary for the
first seven years of continuous service with the City;
b. Eighteen (18) working days per year with full salary after
seven (7) years and until the completion of fourteen years
of continuous service;
c. Twenty-four (24) working days per year with full salary
after fourteen (14) years of continuous service.
Section 9.02 VACATION ACCRUAL 24-HOUR SHIFT
1. Employees who work on a shift basis shall accumulate vacation
time not to exceed the total aggregate of two years accumulation
in accordance with the following schedule:
a. Six (6) shifts per year with full salary for the first
seven (7) years of continuous service with the City.
b. Nine (9) shifts per year with full salary after seven years
and until the completion of fourteen (14) years of
continuous service.
c. Twelve (12) shifts per year with full salary after fourteen
(14) years of continuous service.
Section 9.03 VACATION ELIGIBILITY
1. one (1) captain, one (1) engineer, one (1) paramedic and one (1)
firefighter per shift shall be granted vacation leave upon
approved application being made and consistent with the needs of
the Department. Effective October 1, 2011, the use of unsecured
vacation shall be allowed, as provided by the rehire policy,
more than one member in a rank per shift will be able to use
accrued vacation time.
2. Vacation leaves may be taken only after an employee has
completed one year's continuous service with the City.
Section 9.04 VACATION BUY BACK
1. Each affected employee shall be provided the option of
converting one hundred percent (10.0%) of annual accrued vacation
leave to Gash, at the base hourly rate of pay existing at the
time of distribution, during one (1) calendar year pay period as
selected at the discretion of the employee.
19
Section 9.05 VACATION :ON IOD
1. An employee on a City approved industrial disability leave may
exceed his/her maximum vacation accrual by 50% of his/her annual
vacation leave. (Example: employee on IOD with 288 hours accrued
vacation may accrue an additional 72 hours, i.e. 50% of his 144
annual accrual).
Section 9.06 PROMOTION AM TRANSFER ELIGIBILITY
1. Vacations shall be honored with respect to all transfers even if
that vacation period has already been taken by another member.
In addition, vacations shall be honored with respect to
promotions, however this is contingent on volunteer members being
available to work. Vacations honored under this provision that
allow two members to be on vacation during the same period shall
not be available to other members should the transferred or
promoted member cancel said vacation period.
Section 9.07 PAYOUT ON TERMINATION
1. Upon termination of employment during a pay period, pay shall be
prorated and paid for each day worked in said pay period and the
terminal salaxy warrant shall include accrued vacation pay to
the time of termination.
Section 9.08 EMERGENCY USE
1. For personal emergencies, that is, a serious illness of an
"immediate family" member of the employee or the employee's
spouse and for cases of extreme and unusual hardship of an
emergency nature, employees, upon request, shall be entitled to
utilize accumulated vacation leave or compensatory time -off, for
which prior notification is required; however, in certain
instances notification requirements may be waived.
ARTICLE 10 - OVERTIME
Section 10.01 GENERAL
1. All of the members of the Fire Department shall be subject to
call for service at any time.
2. All employees working a 182 hour/24 day work period shall receive
premium overtime compensation at the rate of one and ane -half
(1.5) times their regular rate of pay," for all time worked in
excess of 182 hours in a 24 day work period. This MOU
periodically refers to the "regular rate of pay." The "regular
rate of pay" is defined in 29 CFR 5 778.108 et. seq. The parties
20
acknowledge that the City does not pay the employee's 9% PERS
member contribution and consequently employer paid member
contribution of 9% does not apply to this bargaining unit and is
not to be calculated as part of the regular rate of pay. Such
acknowledgement shall not cause any reduction of pay as the
result of this language.
3. All employees working a 40 hour/7-day work period, a 9/80 or
other modified 40 hour schedule shall receive premium overtime
compensation at the rate of one and one-half (1.5) times their
regular rate of pay for all time worked in excess of their daily
work shift or in excess of 40 hours in a 7 -Clay work period.
4—In determining an employee's eligibility for overtime
compensation in a work period, pa4:6 leaves of absenees and tt"&=w
leaves eE absenees "sick leave" shall be excluded from the total
hours worked. Paid leaves -9 Coke a axe—tee—gid
Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
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0.5"
Justified
-54. 56- HOUR SUPPRESSION ASSIGNMENT- The work period for all
employees assigned to a 56 -hour suppression assignment (56 hx_
employees) shall be a 56 -hour week, consisting of eight (8),
twenty -four-hour shifts within a 24 -calendar day "FLSA cycle".
The employer shall pay premium pay of 1.5 times the regular rate
of pay for all hours worked in excess of 182 hours within the 24 -
calendar day cycle. Ten (10) hours of FLSA overtime pay is
considered "regularly scheduled overtime," thus premium pay
reportable to CalPERS as normal hours worked.
Section 10.02 OVERTIME UNDER FLSA
1. Effective July 1, 2006
a. The City shall compensate personnel who temporarily work an 8 -
hour day at their regular rate of pay based on a 56 -hour per
week work schedule. The employee's hourly rate shall be
modified to a 40 -hour per week rate if the Fire Chief reassigns
the employee to that shift for an extended term.
Section 10.03 FORCED HIRE COMPENSATION
1. Effective July 1, 2006
Notwithstanding Section 10.01, employees subject to forced
rehire shall be paid a minimum of four t4) hours at time and
one-half (it is understood that pursuant to the Fire
Department's practice/procedure, recall is a form of forced
rehire). The Battalion Chief will release a recalled/rehired
suppression employee when there is no circumstance justifying a
hold -over of the person or whenever scheduling does not justify
a hold -over of the person.
Formatted: Indent: Left: 0.5", No bullets or numbering
Section 10.04 Compensatory Ti=e Off Formatted: No bullets or numbering
21
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a— Effective November 23, 2018,em 10 ees may elect to
straight time hours worked inexcess of 112 in a 12-damp
compensatory time off (CTO). Em la Les will be paid in cash
half time remium" ortion of such haurs and will be credi
having worked these hours for ur ses of calculatin i
Em to ees may accrue up to a maximum of 144 hours (6 shifts) c
ARTICLE 11 - DEFERRED COMPENSATION PROGRAM
Section 11.01 ELIGIBILITY / PROGRAM ADMINISTRATOR
1. Union members are eligible to participate in the City's approved
deferred compensation programs. The contributions made to this
program shall be borne solely by the employee (i.e. no City
contributions). In the event the City contemplates changing the
program administrator, the City will first consult with the
Union.
Section 11.02 DEFERRED COMPENSATION MATCHING FUNDS
Effective November 28, 2015, the City shall no longer match
contributions made by the employee to the City's Deferred Compensation
Plan established under Section 457 of the Internal Revenue Code to a
maximum of 5% of the employee's regular rate of pay. However, the
City shall deposit a final match to reflect the employee contributions
made from January 2015 through the pay period ending November 27,
2015. The City shall deposit the final matching funds on behalf of the
employee into the City's Deferred Compensation Plan established under
section 401(a) of the Internal Revenue Code.
ARTICLE 12 - RETIREMENT - PERS
Section 12.01 PERS RETIREMENT PLAN
1. For all members, except those defined as "New Members" within
the meaning of the California Public Employees' Pension Reform
Act of 2013:
a. All sworn firefighting employees currently represented by
the Union who are safety members of PERS shall have their
retirement benefits calculated pursuant to the three
percent (3°s) at age 55 formula set forth in Section 21363.1
of the California Government Code.
b. One -Year Final Compensation option "single highest year"
(Government Code Section 20042)
2. For "New Members" within the meaning of the California Public
Employees' Pension Reform Act of 2013:
a. The provisions of AB 340 (The California Public
Employees' Pension Reform Act of 2013) will be
applicable to new members hired into this bargaining
22
R
a LOW
unit on or after January 1, 2013.
b. Retirement Formula: Per Government Code Section
7522.25(d), also known as 2.7% @ 57 retirement formula.
c. Final compensation will be based on the highest annual
average compensation earnable during the 36 consecutive
months immediately preceding the effective date of his
or her retirement, or some other 36 consecutive month
period designated by the member.
d. Effective January 1, 2013, employees shall pay one half
of the normal cost rate, as established by CalPERS.
Section 12.02 OPTIONAL BENEFITS
1. The City of E1 Segundo has modified its PERS contract to provide
the following Optional Benefits:
a. Post -Retirement Survivor Allowance - in accordance with
Government Code Sections 21624 and 21626
b. Military Service Credit as Public Service - employees may
elect to receive such credit for prior military service in
accordance with Section 21024 of the California Government
Code.
c. Fourth Level of 1959 Survivor Benefits - in accordance with
Government Code Section 21574
d. Pre -Retirement Option 2W Death Benefit - in accordance with
Government Code Section 21548
Section 12.03 PERS PAYMENT PICK-UP
1. The employees shall pay their required nine percent (9%)
contribution to PERS. In accordance with Resolution No. 4497 The
City shall pick-up this nine percent (9%) contribution, meaning
that while employees pay their own nine percent(9%) member
contribution, the City shall treat this contribution as an
employer contribution for purposes of employee federal and state
income tax withholding as authorized by Internal Revenue
Code(IRC) Section 414(h)(2).
Z. The City's pick-up of the contribution shall be limited to the
percentages noted herein. Increases in the City's pick-up
percentage shall not occur without mutual agreement of the
parties.
-2-3. Effective November 23, 2018, "classic" members, as defined
ge-yma a --ai! additional contribution to caiP!'Rs or Lnree
gercent (3%1 of compensation ear (3;! " =:.."__1__ ��
^^�simultaneousl with the sa ary increase identified in
Section 2. 1. (These lo•ees shall pay an amount equal to
twelve (12) percent of conensat:ion earnable as the employee
contribution to PERS). These deductions shall he re -tax and
be pursuant to California Government Code section 2051 (f) until
23
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such time as the Citv amends its contract with Ca1PERS to make
the deduction pursuant to California Government Code section
Section 13.01
ARTICLE 13 - UNIFORM AND SAFETY EQUIPMENT
UNIFORM MAINTENANCE PROGRAM
1. Each newly hired employee within a represented classification
shall be provided at City cost, with three (3) complete
uniforms. A "complete" uniform shall be defined as including
required badges, patches, shixts, pants, boots, jackets, jacket
liner, belt, tie, tie clip, hat, hat piece, collar piece, name
tags and buckles. Further, the City shall at its own cost
replace items fitting within the aforesaid uniform description
where such items are rendered unserviceable through normal wear
and tear. If boots can be re -soled without negatively impacting
integrity of the boot, then replacement will not occur. The
determination of the Fire Chief as to uniform items being
replaced consistent with this section shall be final and binding
and shall not be subject to a grievance procedure or to judicial
review.
2. Effective November 28, 2015, a uniform allowance shall no longer
be provided to members of this bargaining unit.
Section 13.02 CAL OSHA/FED OSHA UNIFORM REQUIREMENTS
1. In the event that Cal OSHA, Federal OSHA or an equivalent body
changes the uniform requirements for unit employees, the City
shall provide or pay the cost of the newly mandated item(s) up
to 2 uniforms and 1 pair of shoes per employee.
Section 13.03 DEPARTMENT UNIFORM OFFICER
1. The duties of the Department Uniform Officer may be assigned in
the Firefighters' bargaining unit. The assigned personnel will
manage the purchase, replacement and distribution of uniforms
and turnout gear.
ARTICLE 14 - BEREAVEMENT LEAVE
Section 14.01 GENERAL
1. A maximum of four (4) days (which shall, be defined as two (2)
shifts or 49 hours) paid bereavement leave per incident of death
in the immediate family is provided separate and distinct from
sick or other leave benefits. "Immediate family" shall be
defined as spouse, child, mother, father, grandparents or
sibling of the employee or their spouse/significant other.
24
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4 _fi H19
seation 1.4.022 USE OF OTHER LEAVES
1. No other emergency leave shall be provided, except as outlined
in Sections 8.02 and 9.10.
Section 14.03 DOCUMENTATION
1. Members who use bereavement leave or emergency leave shall be
required to write a fire department correspondence through
channels to the Fire Chief indicating the reason they requested
the leave. The Fire Chief shall sign the letter and include it
in the member's fire department personnel file.
ARTICLE 15 - COMPUTER LOAN PROGRAM
Section 15.01 GENERAL
1. Contingent upon the City determining that sufficient funds. exist
for said purpose, provision to each affected employee of a
maximum of $4000 cumulative interest free loan to purchase
personal computer hardware and software. The City's
determination in this regard is not subject to administrative or
judicial appeal. Loans shall be repaid through payroll
deductions over a three-year period. Outstanding loan balances
must be paid off at the time that an employee separates from
City service and the City shall be authorized to recover any
loan balance by making deductions from the employee's final.
check.
2. City shall retain title, as security, to any equipment purchased
with funds from the above-described loans, until such time as
the loan is fully paid off. City is to be notified of any
exchange or updating of equipment.
3. "After -the -fact" financing is allowed only with prior approval
of the Director of Finance or his/her designee.
3:-
Section 15.02 INITIAL LOAN
All participants to the loan program will be eligible for an
initial, .interest free loan in the amount of $4,000 (four
thousand dollars). An employee with an outstanding balance on a
prior computer loan as of July 1, 1997, will have that amount
currently due from the previous loan subtracted from the amount
the employee can borrow interest free under this program.
Subsequent loans or amounts in excess of the above maximum
interest free loan, would be at an interest rate of 3%. All
loans would include a 36 -month repayment term.
25
nIAIQT WHIM
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Section 15.03 ELIGIBLE PURCHASES
1. Eligible purchases shall be expanded to include ergonomic -
related furniture and equipment and anti-viral software shall be
required as a prerequisite in granting requested loans.
Section 15.04 ELIKMATION OF COMPUTER LOAN PROGRAM
ARTICLE 16 - SAFETY COMMITTEE
Section 16.01 SELECTING MEMBERS
1. The Fire Department Safety Committee shall at a minimum consist
of one member from each suppression position: Battalion Chief,
Captain, Engineer, Firefighter/Paramedic, and Firefighter. Each
position shall select their volunteer representative. If there
are no volunteers, the Fire Chief may appoint a position
representative. Review of the representatives shall be made at
approximately 18 -month intervals, and/or at the request of the
committee at any time. In addition to being comprised of
suppression personnel, the Safety Committee shall also consist
of one member from the Fire Prevention Division and one member
from the Environmental Safety Division.
Section 16.02 PURPOSE
1. Using a proactive risk management approach, make recommendations
for abating unsafe conditions in order to prevent accidents and
improve safety in all department operations.
2. Review policies and procedures of the department as they pertain
to safety, and make recommendations for correction or change.
3. Review equipment, uniforms, and protective gear to assure their
quality as related to safety considerations.
4. Review accidents related to equipment, apparatus, and
facilities, as well as make recommendations regarding any
corrective measures needed to limit future occurrences.
5. Issue department safety bulletins at the direction and approval
of the Fire Chief.
6. All recommendations will be forwarded to the Fire Chief. He
will take any final actions, ensuring compliance with local
policies or ordinances, and/or any state or federal regulations.
26
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Section 16.03 MEETINGS
1. The committee shall meet at the discretion of their selected
chairperson.
ARTICLE 17 - TRAINING REIMBURSEMENT
Section 17.01 pARAMEDIC TRAINING REi.EMURSEMENT
1. Employees who participate in the Paramedic Training Program will
be required to reimburse the City, for the cost associated with
training paramedics upon voluntary separation from City service.
The rate of reimbursement is as follows:
a. Voluntary separation during the Paramedic Training Program
- 100% of the City's expended costs for training.
Reimbursement is not required it the City receives credit
back from the training program.
b. Voluntary separation during the first year following state
certification as a paramedic - 100% of the City's expended
costs for training.
c. Voluntary separation during the second year following state
certification as a para odic - 50% of the City's expended
costs for training.
d. Voluntary separation during the third year, and thereafter,
following state certification as a paramedic - no
reimbursement.
2. The City's costs will be limited to the following:
a. Primary Paramedic Training.
b. State Accreditation Fee.
c. L.A. County Accreditation Fee.
Section 17.02 DEPARTMENT INSTRUCTOR TRAINING
1. Employees sent to training at City expense, for the purpose of
training and instructing members of the department in training
disciplines, shall commit to serve as a department instructor
for a minimum of two (2) years. Any member who chooses not to
honor this commitment will be required to reimburse the City for
costs associated with the training according to the following
schedule:
a. Voluntary separation during the training program - 100% of
the City's expended costs for the training. Reimbursement
is not required if the City receives credit back from the
training program.
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b. Voluntary separation from department instructor during the
first year following the training course(s) - 1000 of the
City's expended costs for the training.
c. Voluntary separation from department instructor during the
second year following the training course(s) - 50% of the
City's expended costs for the training.
d. Voluntary separation during the third year, and thereafter,
following the training course(s) - no reimbursement.
e. Members who voluntarily separate from the City will be
exempted from this provision, unless the member leaves
within the first six (6) months after completion of the
training.
2. To determine reimbursement costs, the City's cost will be
limited to the following:
a. Fees for the course(s).
b. Travel, per diem and lodging expense.
ARTICLE 18 - EDUCATIONAL REIMBURSEMENT
Effective November 23, 2018, members of this Unit shall no longer be
eligible for Educational Reimbursement under this Article. However
since there is a re o ener on this subject duringthe term of this
Agreement, the parties have agreed to retain the language below for
historical reference only.
FOR HISTORICAL REFERENCE ONLY
Section 18.01 REIMBURSEMENT FOR COURSES
1. For unit employees hired after July 5, 19750 the City will pay
the employee $375 for each job related course (3 -unit semester
or 9 -unit quarter system) the employee completes at an
accredited college, university, or California State Fire Academy
accredited state or regional class taken during the employee's
non -work hours in which a minimum "C" grade or certificate is
received in said course. The employee is required to obtain the
prior approval of the Fire Chief. The maximum an employee can
receive in any calendar year period is $2,000.
2. During the term of this agreement, the parties shall confer
regarding designation of those California State Fire Academy
courses which shall result in eligibility for reimbursement.
The designation of classes shall include, but need not be
limited to those classes that previously have been approved.
Once the initial designation list has been compiled, the Fire
Chief shall first confer with Union representatives and shall
then be authorized to add newly designated courses which the
Fire Chief considers appropriate.
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section 18.02 REIMBURSEMENT FOR TUITION AND BOOKS
1. An additional benefit will be offered to employees hired after
July 5, 1975. Those employees will have the option of receiving
reimbursement for tuition and books as outlined below. (The
employee may select only one reimbursement option during a
calendar year)
a. The employee must submit a memo to the Fire Chief detailing
courses and the time frame required to obtain job-related
Associate or Bachelor degree at an accredited college or
university.
b. The employee must receive approval (prior to enrollment)
from the Fire Chief to receive reimbursement for tuition
and books.
c. Tuition and book reimbursement is not to exceed $2,000 for
each affected employee per calendar year.
d. Reimbursement requires obtaining a grade of "C" or higher,
and submission of appropriate receipts to the Fire Chief
and the Director of Administrative Services.
e. The Fire Chief or his/her designee shall keep a log of
employees requesting and receiving educational
reimbursement.
f. Employees must maintain an overall satisfactory department
evaluation to remain eligible for educational
reimbursement.
g. Once approval has been obtained the employee must meet the
criteria outlined above to receive the reimbursement.
Section 18.03 CITY REIMBURSEMENT AGREEMENT
1. Employees who participate in the Educational Reimbursement
Program will be required to sign the following agreement:
a. Educational Reimbursement - "I certify that I successfully
completed the course(s), receiving at least a grade of "C"
or better." (Attach copy of grade verification) "Further,
I agree to refund the City or have deducted from my final
paycheck any Educational Reimbursement funds received under
this program if I should leave the City's employ,
voluntarily or through termination, with cause, within one
year after completion of the course work for which I am to
receive reimbursement, in accordance with the following
schedule."
Section 18.04 CITY REIMBURSEMENT SCHEDULE
1. Below is the reimbursement schedule for the full months worked
between course completion and resignation dates and the
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percentage of the total reimbursement to be refunded to the
City.
1 100% 7 50%
2 100% 8 40%
3 90% 9 30%
4 80% 10 20%
5 700 11 10%
6 60% 12 0%
ARTICLE 19 -TEMPORARY APPOINTMENTS
Section 19.01 GENERAL
1. where an employee is qualified for and is required for an
appreciable period of time to serve temporarily in and have the
responsibility for work in a higher class or position, when
approved by the City Manager, such employee, while so assigned,
shall receive the entrance salary rate of that class or whatever
step thereof that is not less than five percent above his or her
present rate, whichever is higher. For the purpose of this
section, "appreciable period of time" is defined as ten
consecutive working days (eight working days if on Four/Ten
Plan) or longer.
Section 19.02 METHOD FOR FILLING VACANCIES
1, Rank for rank rehires shall be the standard method used for
filling vacancies with the exception of long term vacancies
expected to be longer than eight (8) weeks.
Section 19.03 GUIDELINES
1. Long-term vaCanCiesi (more than 8 weeks) may be filled with
provisional appointments made at the direction of the Fire
Chief. The following guidelines shall be used when considering
filling a vacancy by provisional appointment.
a. The Fire Department Personnel Officer (FDPO) shall obtain a
diagnosis in writing from the attending physician.
b. The FDPO will refer to the Medical Disabilit Advisor, 2nd
Edition, by Presley Reed, M.D., to assist in determining
the duration of the employee's absence. This would be the
average of the minimum and maximum expected length of
disability in the category for very heavy work.
Section 19.04 PARAMETERS FOP, CONFERRING
1. The FDPO will confer with the Union to determine whether or not
a provisional appointment should be made. Provisional
appointments will normally be made when each of the following
statements is true:
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a. An employee to be provisionally appointed is reasonably
available and has qualified for the position by competitive
examination.
b. The provisional appointment is needed to relieve an over
burden of staffing replacement hours.
c. The provisional appointment will not cause an over burden of
staffing replacement hours.
d. The provisional appointment does not fall 45 days prior to -a
promotional examination in the same classification as the
provisional appointment.
e.. The provisional appointment can be reasonably justified as an
operational necessity.
Section 19.05 DETERMINATION OF APPOINTMENT
1. The FDPO and the Union will reduce to writing a recommendation
to the Fire Chief as to whether or not a provisional appointment
should be made. The recommendation will be made within ten (10)
days of a known vacancy and include the agreed upon answers to
the statements listed above and/or the agreed upon differences
of opinion of the FDPO and the Union.
2. The Fire Chief will consider the recommendation and make the
final determination. If the recommendation is not made within
ten (10) days, the Fire Chief will make a decision based on the
information available at that time.
Section 19.06 INTENT OF POLICY
1. This policy shall not be abused or used outside the intent of
filling longer-term disability positions, except for dynamic
emergency situations that dictate rank for rank rehires.
ARTICLE 20 — MAINTENANCE AND REPAIRS
Section 20.01 LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited maintenance and repair
such as outlined below:
1. CARPENTRY
a. Members will perform minor, unskilled carpentry
maintenance and repair. Such carpentry responsibilities
shall not include maintenance or repairs requiring
special skills, knowledge, or tools beyond household
handyman level.
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2. PAINTING
a. Members will perform touch-up painting. Such touch-up
painting shall exclude painting of entire walls, rooms,
or structures.
The foregoing Limited Maintenance Agreement shall pertain to all fire
facilities:
Section 20.02 ADMINISTRATIVE OFFICES (FIRE STATION #1
1. The City will maintain and clean the administrative office area
and greenhouse windows in Fire Station #1. For the purpose of
this provision, the administration office area is defined as the
lobby, secretarial area, Fire Chief's Office, Fire Prevention
Bureau offices, and Conference Room. Unit employees shall
continue to be responsible for the maintenance and cleaning of
all other areas in this facility and all areas of Fire Station
#2 as presently provided.
ARTICLE 21 - MATERNITY LEAVE
Section 21.01 EQUAL BENEFITS
1. Except as provided herein, a female employee disabled because of
pregnancy, childbirth, or a related medical condition shall have
the same benefits as are provided to other employees who are
temporarily disabled for (non -industrial) medical reasons.
Section 21.02 WORKING AND REPORTING
1. It is the employee's right to continue to work while she is
pregnant. Members who become pregnant and are physically capable
of performing their jobs may, at their discretion, remain in
active -duty positions, and are not required to report their
condition to the employer.
Section 21.03 LIGHT DUTY
The City shall transfer a pregnant female employee to a less
strenuous or hazardous position for the duration of the
employee's pregnancy if she so requests, with the advice of her
physician or the employee's other licensed health-care provider,
where that transfer can be seasonably accommodated. The position
will have an equivalent rate of pay and benefits. However, the
City shall not be required to create additional employment that
the City would not otherwise have created, nor shall the City be
required to discharge any employee, transfer any employee with
more seniority, or promote any employee who is not qualified to
perform the job.
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Section 21.04 LEAVE
A female employee disabled because of pregnancy, childbirth, or a
related medical condition shall be entitled to take up to four
months of leave of absence or the amount of accrued sick leave
and vacation (if such leave is used), whichever is greater, due
to such disability. The definition of "disabled because of
pregnancy" includes that provided in California Code of
Regulations Section 7291.2(8) and includes severe morning
sickness or the need for time off for prenatal care. The date on
which the leave should commence and the date on which the
employee shall resume duties, shall be determined by the employee
and her physician or the employee's other licensed heath -care
provider. Leave may be taken intermittently or on a reduced work
schedule when medically advisable, as determined by the
employee's physician or her other licensed health-care provider.
At the end of the employee's period(s) of pregnancy disability or
at the end of four months pregnancy disability leave, whichever
occurs first, a California Family Rights Act ("CFRA") eligible
employee may request to take CFRA leave of up to 12 workweeks for
the birth of her child, if the child has been born by that date.
There is no requirement that either the employee or child have a
serious health condition in order for the employee to take CFRA
leave. There is also no requirement that the employee no longer
be disabled by her pregnancy before taking CFRA leave for reason
of the birth of her child.
Section 21.05 NOTICE OF LEAVE
1. Any employee who plans to take pregnancy disability leave shall
give the City reasonable notice (generally at least 30 days) of
the date the leave will commence and the estimated duration of
any leave. If 30 days advance notice is impractical (e.g.,
medical emergency or unforeseen occurrence) the employee shall
inform the City of her need for pregnancy disability leave as
soon as practicable.
a. The City reserves the right to require written confirmation
from the employee's physician or the employee's other
licensed health-care practitioner that she is or will be
disabled by pregnancy, childbirth, or related medical
conditions as a condition of granting pregnancy disability
leave.
b. The City reserves the right to require written verification
from the employee's physician or the employee's other
licensed health-care practitioner that her disability has
ceased before the employee returns to work.
Section 21.06 RETURNING TO WORK
1. When the employee is ready to return from pregnancy leave the
employee shall be entitled to return to her original position
unless either:
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a. The job ceases to exist because of legitimate business
reasons unrelated to the employee's pregnancy disability
leave (e.g., layoff); or
b. Each means of preserving the job for the employee would
substantially undermine the City's ability to operate safely
and efficiently.
Section 21.07 COMPARABLE POSITION
1. If the employee cannot return to her original position because of
either of the foregoing reasons, she shall be entitled to a
comparable position unless either:
a. There is no comparable position available; or
b. For employees whose pregnancy disability does not qualify as
a Family Medical Leave Act ("FMI.A") leave, a comparable
position is available, but filling the available position
with the returning employee would substantially undermine
the City's ability to operate safely and efficiently.
c. "Employment in a comparable position" means employment in a
position, which is virtually identical to the employee's
original position in terms of pay, benefits, and working
conditions, including privileges, prerequisites and status.
It must involve the same or substantially similar duties and
responsibilities, which must entail substantially equivalent
skill, effort, responsibility, and authority. It must be
performed at the same or geographically proximate worksite
from where the employee was previously employed. it
ordinarily means the same shift or the same or an equivalent
work schedule.
Section 21.08 RIGHTS
1. Nothing contained herein shall limit the rights of the employee
under the California Family Rights Act, the Federal Family and
Medical Leave Act or other statutory and/or case law.
ARTICLE 22 - POLICY AND PROCEDURE AGREEMENTS
Section 22.01 DISABILITY RETIREMENT APPEAL PROCEDURES
1. The parties have agreed upon a disability retirement appeal
procedure dated May 2010.
Section 22.02 INJURY ON DUTY PROCEDURES
1. The parties have agreed upon a injury on duty procedures dated
June 18, 2003
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Section 22.03 MODIFIED DUTY PROCEDURES
1. This is a temporary light duty procedure, as part of occupational
injury and illness policy.
2. When an employee is assigned to light duty the employee shall be
assigned to a 40 -hour workweek schedule (9-80 schedule). The
attending physician will identify any work restrictions and
limitations. The fire administration will determine if an
appropriate temporary light duty assignment is available meeting
the restrictions detailed by the attending physician. Final
approval for temporary light duty assignments rests with the Fire
Chief. Temporary light duty assignments shall be for thirty (30)
days. The Fire Chief may grant extensions as needed or requested.
3. While on light duty the employee will wear the department -
approved uniform. Exceptions to the requirement to wear the
department -approved uniform may be granted by the Fire Chief
based on the nature of the injury and the work to be performed.
4. In order to return to full duty the employee must provide written
documentation per City Practices authorizing the return to
unrestricted duty.
5. An employee assigned to temporary light duty may make a request
to the Fire Chief for a modified 40 -hour workweek and/or work
location. The nature of available assignments and the needs of
the employee will be considered in the decision. The Fire Chief
will consider each request for a modified schedule/location on a
case-by-case basis.
Section 22.04 REHIRE POLICIES
1. City officials and Association representatives met and agreed to
Rehire/Staffing Policy and Procedures. That agreement is
reflected in a revised Rehire/Staffing Policy and Procedures
dated December 19, 2003. Either party may cause a reopening of
the meet and confer process regarding proposed changes to the
Rehire/Staffing Policy and Procedures incorporated herein. There
shall be no modification to the Rehire/Staffing Policy and
Procedures absent an agreement of the parties to do so.
Section 22.05 RANK FOR RANK POLICY
The City agrees that when it rehires employees of the Fire
Department it will rehire in rank, in accordance with the
Rehire/Staffing Procedures, if there is available for rehire an
employee holding the same rank as the absent employee.
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section 22..06 DRUG-FREE WORKPLACE POLICY
1. The City of E1 Segundo Drug -Free Workplace Statement and
Substance Abuse Policy (dated July 1, 2008) is accepted by the
Union. During the term of this agreement the city shall assess
the need for revisions to the Drug -Free Workplace Statement and
meet and confer with the Association for any proposed
modifications to cause compliance with Lanier v. City of
Woodburn.
Section 22.07 LAYOFF AND IVRCALL POLICY
1. Definitions
a. Layoff - A reduction in the workforce, resulting in
temporary or permanent unemployment, of one or more
employees.
b. Bumping - Moving to a lower classification or special
assignment in which there is no vacancy and displacing an
employee who has less seniority in that classification or
.special assignment as determined by appointment date to the
affected classification.
2. Grounds for Layoff
Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce, an employee may be laid
off, reduced in classification or displaced (bumped) by
another employee. Such layoff, reduction or displacement
shall result from action of the City Manager or his/her
designee. The City Manager shall recommend to the City
Council each classification to be affected by any such
change. Employees of the Fire Department shall be laid off
in the following order:
1. Temporary, part-time and seasonal employees;
2. Probationary employees;
3. Employees who have finished their probationary period.
3. Notice to Employees
An Employee filling a full time position shall be given
fourteen (14) calendax days notice of layoff, seventeen (17)
calendar days if by certified mail, indicating the
circumstances, which made the layoff necessary. Employees
reduced or displaced (bumped) shall be given five (5)
calendar days notice, eight (8) calendar days if by
certified mail, indicating the circumstances which made the
change necessary. in the event of an emergency, the City
Council may approve a reduction in the notice requirements,
if so recommended by the City Manager.
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4. At -Will Employees
a. The City Manager retains the right to layoff or alter the
work assignment of the following employees at any time
without notice or right of appeal: Emergency Employees,
temporary or seasonal employees, part-time employees,
original probationary employees, promotional probationary
employees and employees designated at -will. The promotional
probationary employee shall revert to his/her previously
held classification and position without loss of seniority.
5. Benefit Payoff
a. In the event an employee is laid off, he/she shall receive
payment, at the employee's request, for any earned unused
sick leave (in accordance with the M.O.U.), prorated
vacation or holiday time as quickly as possible but not
later than fourteen (14) days after the layoff.
6. Procedures for Layoff
a. Permanent employees shall be laid off in order of seniority
in City service, that is the employee with the least City
service shall be laid off first, followed by the employee
with the second least seniority in City service, etc.
Seniority shall be determined by hire date.
7. Procedures for Reduction or Displacement
a. Employees shall be reduced or displaced (bumped) in order of
their seniority in the affected classification or special
assignment, that is the employee with the least seniority in
the classification or special assignment shall be reduced or
displaced (bumped) first, followed by the employee with the
second least seniority in rank, etc. Seniority shall he
determined by promotion or assignment date. Temporary
appointments or "Acting" assignment dates shall not be used
for the purpose of calculating seniority in rank. For the
purpose of this section Fire Paramedic shall be considered
below Fire Engineer and above Firefighter.
8. Bumping Rights
Employees shall have the right to bump down to a lower
classification or special assignment to which they were
previously assigned, provided that the employee has greater
seniority in that assignment, thus bumping an employee in
that classification or special assignment with the least
seniority to a lower classification or special assignment.
To bump down into a lower classification or special
assignment the employee must qualify for the position
including any required certifications or licenses.
Employees properly laid off in the bargaining unit shall not
have bumping rights to any other city departments.
Employees laid off from other departments of the Employer
shall not have any bumping rights to positions within Fire
Department Suppression Division.
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9. Breaking Ties
a. In cases where employees have the same date of hire (i.e.
equal seniority), seniority shall be granted to the employee
with the highest score on the examination in which the
employee participated and received the appointment. The
following criteria shall be used to determine seniority (in
case of a tie or the testing process is not applicable, the
next criteria shall be used).
1. Overall raw score.
2. Raw score of the oral interview.
3, Raw score of the Practical (Engineers)
4. Raw score of the written examination.
5. The earliest date and time of application.
10. Salary Placement
a. An employee who is assigned to a lower classification as a
result of a displacement (bump) shall be placed on the step
of the salary range of the new classification, which is the
closest to the compensation of the employee in the previous
classification, but in no case higher, and the employee will
be assigned a new salary anniversary date an the effective
date of the appointment. The employee shall, however.,
retain seniority while his/her name remains on the
reemployment list or lists.
11.Reemployment List
The names of permanent employees who have been laid off
under this section (including employees who have bumped
down) shall be placed, in order of seniority from highest to
lowest, on a reemployment list for their classification or
any lower classification for which the employee is qualified
by education and/or experience. Persons on such lists shall
retain eligibility for appointment therefrom for a period of
three years from the date their names were placed on the
list. As a vacancy within a classification or lower related
classification becomes available, the name appearing at the
top of the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list
to fill the vacancy who refused the reemployment offer shall
be permanently removed from the reemployment list without
right of appeal. Laid -off employees do not earn seniority
credit or benefits while on the reemployment list.
12. Letter of Layoff
a. The City shall provide all employees who were laid off from
the City a service letter setting forth that the employee
was laid off and is eligible for reemployment. Those
employees who were displaced to lower positions will be
granted, upon the employee's request, a letter from the City
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stating the employee was reduced in status as a result of a
layoff and is eligible for reemployment to the higher-level
position.
13. Rights of Reemployment
a. If a person is reemployed by the City within three (3)
years, the employee's seniority, sick leave and vacation
accrual rates shall be reinstated. Any accumulated sick
leave and/or vacation earnings shall also be reinstated to
the extent that the employee did not receive compensation
for such earnings at the time of layoff. Upon reemployment,
employees will be placed on the same salary step held at the
time of layoff.
14. Appeal
a. If the above procedures, except for Section H - Grounds for
Layoff and Section 0 - At -mill Em to ees, are misapplied
adversely affect a laid -off or displaced employee, the
adversely affected employee may file an appeal, setting
forth what sections of this Section were violated, to the
City Manager.
Section 22.08 GRIEVANCE PROCEDURE
Effective October 1, 2011
1. Purpose
a. To promote improved employer-employee relations by
establishing procedures for the fair and orderly resolution
of disputes between the City and the Union and/or the City
and employees represented by the Union.
b. To provide that grievances shall be settled as near as
possible to the point of origin.
c. To provide that the grievance procedures shall be as
informal as possible.
2_ Definition fiefdCodeChanged
a. A "Grievance" shall be defined as a controversy between the
City and the Union or an employee or employees covered by
this agreement. Such controversy must pertain to any of the
following:
1. Any matter involving the application of any provision
of this agreement; or
2. Any matter involving the violation(s) of any provision
or intent of this agreement; or
3. Any matter that affects the working conditions of the
employee or the application of all rules, regulations,
Xo nn011%
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policies and/or laws affecting the employees covered
by this agreement; or
4. Any protests of ratings or performance evaluations.
3. Evaluations
if an employee disagrees with their performance evaluation,
Steps 1 and 2 of the grievance procedure shall apply to
challenge the content of the employee's evaluation or
performance review. if the grievance is not resolved at
Step 2, the issue may be presented to the Director of
Administrative Services within five (5) business days after
termination of Step 2. A meeting with the employee, Union
representative and the Director of Administrative Services
will be arranged at a mutually agreeable location and time
to review and discuss the grievance. Such meeting will take
place within ten (10) business days from the date the
grievance is received by the Director of Administrative
Services. The Director of Administrative Services may
invite other members of management to be present at such
meeting. The Director of Administrative Services will give
a written reply by the end of the seventh (7th) business day
following the date of the meeting. The findings of the
Director of Administrative Services shall be final.
4. Discipline
a. An appeal of discipline is not subject to the grievance
procedure. An appeal of discipline is distinct from a
grievance in that it is an action taken by an employee to
request an administrative review of disciplinary action
initiated against him or her and is subject to the following
procedure, which shall supersede contrary provisions in
Ordinance 5$6,. Where necessary, the City shall propose
necessary modifications to bring the Ordinance into
compliance with Government Code S 3254.5 (FBOR.). Pursuant
to Government Code Section 3254.5, the administrative appeal
shall be conducted in procedural compliance with Section
11500 et. seq.
5. Procedure
a. There shall be an earnest effort on the part of both parties
to settle grievances promptly through the steps listed
below.
Step 1 - An employee's grievance must be submitted in
writing by the employee, fully stating the facts
surrounding the grievance and detailing the specific
provisions of this agreement alleged to have been
violated within fifteen (15) business days 'after the
employee could have been reasonably expected to have
had knowledge of the circumstance(s) giving rise to
the grievance. The supervisor or management
representative shall reply in writing to the employee
by the end of the fifteenth (15th) business day
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following the presentation of the grievance and
giving of such answer will terminate Step 1.
2. Step 2 - If the grievance is not settled in Step 1,
the grievance will be presented to the Fire Chief
within ten (10) business days after termination of
Step 1. A meeting with the employee, Union
representative and Fire Chief will be arranged at a
mutually agreeable location and time to review and
discuss the grievance.
3. Such meeting will take place within ten (10) business
days from the date the grievance is received by the
Fire Chief. The Fire Chief may invite other members
of management to be present at such meeting. The
Fire Chief will give a written reply by the end of
the seventh (7th) business day following the date of
the meeting, and the giving of such reply will
terminate Step 2.
Step 3 - If the grievance is not settled in Step 2,
the grievance will be presented to the City Manager
within five (5) business days after termination of
Step 2. The Grievant(s) or Union Representative and
the City Manager shall, within seven (7) business
days after receipt of a grievance initiated at this
Step, arrange a meeting to be held at a mutually
agreeable location and time to review and discuss the
grievance. Such meeting will take: place within ten
(10) business days from the date the grievance is
referred to Step 3. The City Manager will give a
written reply by the end of the seventh (7th)
business day following the date of the meeting, and
the giving of such reply will terminate Step 3. The
findings of the city Manager shall be final and
binding except as provided in Step 4 below.
Step 4 - In cases, and only in such cases, which
involve the alleged violation of the Personnel
Ordinance, the Classification and Salary Resolution,
the Personnel Rules or a Memorandum of Understanding,
the employee may, by written notification to the
Director of Administrative Services within two (2)
working days, request submission of the issue to the
Los Angeles County civil Service Commission, Public
Employee Relations Board (PERB), or Los Angeles
County Employee Relations Commission (ERCOM),
whichever may apply, stating specifically the
paragraphs of the Ordinance, Resolution, Rules or
Memorandum of Understanding which the Grievant(s)
alleges are being violated. The Director of
Administrative Services shall then submit said
request, together with copies of all the pertinent
forms, documents, and materials concerned, to the Los
Angeles County Civil Service Commission, to review
all such evidence and information as it relates to
the specific violation alleged by the employee(s).
41
RN7 MOM
a LOOM
6. Representation
a. Employees may be represented by persons of their choice at
meetings with the Fire Chief, Director of Administrative
Services, City Manager or Los Angeles County Civil Service
Commission. When the grievance is processed with Union
participation, the Union agrees to pay half of the cost of
hearings conducted by the Los Angeles County Civil Service
Commission, to a maximum annual (fiscal year) amount of
three -thousand dollars (53.000). In addition, Union shall
pay half the cost of any FSCR mandated Administrative Law
Judge. In such a case where a grievance is processed
without the Union's approval or participation, the
individual(s) shall not incur the same cost.
7. Witnesses
a. In the event an employee represented by the Union is
required by any party to appear at any meeting in any Step
in this Procedure while otherwise in a paid status, the
employee shall not suffer any loss of pay as a result of
that appearance.
8. Time Limits
Time limits and procedures, as set forth above for each of
the steps, may be extended or waived by mutual, agreement
between the parties, but neither party shall be required to
so agree. The parties agree that in the event the Union or
any member should fail to comply with any of the time
limitations set forth in this Procedure, such failure shall
constitute a waiver of its right to prosecute the grievance
further, unless good cause exists for the failure and the
City has suffered no prejudice as a result. In the event
the City or any of its representatives should fail to comply
with any of the time limits prescribed in this Procedure,
such failure shall compel the City to grant the remedy
requested in the grievance.
Section 22.09 SHIFT TRADE POLICY
1. During this negotiation process fire department officials and
Association representatives met and agreed to the
Rehire/Staffing Policy and Procedures that included shift
trades. That agreement is reflected in a revised Rehire/Staffing
Policy and Procedures dated November 11, 2003.
Section 22.10 NO SMOKING POLICY
1. 9�5€eebiye-04ly-4ma6rExce t as s eci€ied below, unit employees
shall not be permitte to smo a and or use to acco products on
duty in City facilities at any time.
2. Any unit employees hired after July 1, 1987, shall, as a
condition of initial and continued employment, refrain from
42
r ?-�7 WAR
w uxus
smoking and/or using tobacco products at any time on or off
duty, except as specified below.
-2-3. The City agrees to allow represented em la ees an
occasional c€f-dutycelebratory cigar during his/her employment.
Section 22.11 MEDICAL EXAMINATION POLICY
1. Effective November 28, 2015, the City shall no longer provide
annual medical examinations to members of this bargaining unit.
Section 22.12 MILITARY LEAVE POLICY
1. City shall provide military leave in accordance with law.
Section 22.13 ELECTION DAY VOTING POLICY
1. Covered employees who are assigned to work on the day of any
Federal, State or Municipal elections, who desire to vote, shall
be obligated to cast absentee ballots whenever legally
available. The parties agree that this provision is not
intended to infringe upon any employee voting rights set forth
in Section 14000 et. seq. of the California Elections Code. If
any portion of this provision is found to violate Section 14000
et. seq., as part of a final adjudication by a court of
competent jurisdiction, then the parties agree to discuss
alternative voting arrangements for covered employees forthwith
which balances employee voting rights and the legitimate
scheduling needs of the Fire Department.
Section 22.14 JURY DUTY
1. Employees shall be entitled to a leave of absence for jury Duty,
subject to compliance with all of the following conditions:
a. The employee must provide written notice of the expected
Jury Duty to his or her supervisor as soon as possible, but
in no case later than 14 days before the beginning of Jury
Duty (defined as the date on which the employee is directed
by jury summons to either commence telephone contact with
the jury administrator and/or appear in court.)
b. During the first two weeks of Jury Duty, an employee shall
be entitled to receive his or her regular compensation.
c. For any portion of Jury Duty that extends beyond the first
two weeks, such extended Jury Duty period shall be without
pay unless, the employee presents written evidence that the
court estimated during voire dire that the trial would be of
two or less weeks duration, or in the alternative the
employee presents written evidence that he/she advised the
court that City compensation was limited to two weeks, that
the employee asked to be excused because of this hardship,
and the request was denied.
43
Formatted: List Paragraph, Left, Right: 0", No bullets or
numbering, Hyphenate, Tab stops: Not at -1" + •0.5' + 0"
I n 9
1p-mDuaw
V
d. Any compensation for the first two weeks of Jury Duty,
except travel reimbursement pay, must be deposited with the
Director of Human Resources.
While on Jury Duty, the employee must report to work or use
vacation leave for the remainder of the employee's scheduled
duty days, when relieved of jury duty for the day and prior
to the end of the scheduled duty day.
The employee must provide documentation of his or her daily
attendance on Jury Duty.
Section 22.15 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
1. Attached to this MOU as Exhibit I, is the discipline -related
policy and procedure which has been drafted in accord with the
requirements of Government Code § 3250 et. seq., the Firefighters
Procedural Bill of Rights Act.
ARTICLE 23 - UNION BUSINESS
Section 23.01 BULLETIN BOARDS
The Union shall be provided a bulletin board location at each
fire station for its posting of information concerning official
Union business and activities. All posting shall contain the
date of the posting and the identification of the document as a
Union sponsored publication. All postings shall be done by an
authorized Union representative. Management shall have a right
to remove and/or prevent the posting of materials that contain
personal attacks upon the qualifications, skills, credibility,
honesty or character of any City employee of any rank.
Section 23.02 UNION MEETINGS
1. The Union shall be limited to ten (10) meetings per year during
regular business hours. Additional meetings can be held after
hours or on weekends.
2. Meetings held during regular business hours shall begin at 0730
hours and end at 1130 hours with employees returning to work
details by 1145 hours, except that meetings may be longer with
approval of the Fire Chief or his designee.
Section 23.03 CONDUCT OF UNION/ASSOCIATION BUSINESS
1. Effective July 1, 2000, each fiscal year representatives
designated by the Union shall be entitled to seven (7) twenty-
four (24) hour shifts of time with pay in order to attend related
conferences, seminars, workshops, meetings, etc. No more than
four (4) shifts, or the equivalent number of hours may be taken
by any one representative on any one occasion. Time used to
participate in the processing of grievances or during the formal
"Meet and Confer" process shall be in addition to, and shall not
44
[I E7 V711n[10R
T �W[IfFflf j.INif.I
U IMHI
count against, the time off with pay granted above. A maximum of
four (4) of these shifts not used during a calendar year may be
carried over into the next year, however, in no circumstance
shall the Union or its representatives be entitled to more than
eleven (11) shifts per fiscal year. Employees requesting to
utilize this paid leave shall secure approval from the President
of the Association and submit the request to the Fire Chief ten
(10) days in advance of the requested time off. Employees shall
not be penalized any hours for utilizing this time, for the
purpose of calculating FLSA compensation.
Section 23.04 VOLUNTARY DUES DEDUCTIONS 89
1. Pursuant to Caii.€er:eta Seveyelment Gude Beetien 9502.S;tet ;e
paEties agree to Inst :elite an "AgeiiGly Si4 z ent wher-eby
e.rteleyee-in-the -tinct of teptesent iezet- eeveeed by _.`___ AqteeiRant
s- ee ir-ed—as-a-eenditier -e f.s± wed em@lme}zaent, eithei• to
jeicn the 61 BegandaAaseeaat�en ey pay it= _ c_--- ee
fee in an am.5,aRt net ts emeeed -the--standar-e! =te pie fee,
eeyiedle—due9—and —general assessments e_` theAs a
t_sra.'E-eachbargaiaip1eyee z uskziA-=er—!
fee fee eeptesefrtatien,- 1E,--
119, W4:e4tea=4mt4e—religiaer9 este tC6 ay a fee ,,, te t4e
ageney fee ea 19e denated es seleeted
Union Dues lAgeney Fee
Gel l en
1. The Union shall provide the Cit with a list certified by an
authorized [anion re resentative i entif in al voluntary dues payIng
members from whose salary or wages the dues deduction is to be made
and shall promptly notify the City within 10 days of any change to the
certified list.
Finance Department shall deduct dues from the Wages Of■ Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
rs identified on the most recent Certified list 4f dUOS 3,...+Startat: I+Alignment: Left +Aligned at: 0.25'+
tubers received from the Union (taking ]-nto account any Indent at: 0.5"
C modifications received from the Union).rr� -�;ve
Formatted: Indent: Left: 0" 1
....�.... ... � .... � �� .. «1 ....� ...yam.... j � _ r...! ......
1.._ Formatted: Numbered + Level: 1 + Numbering Style: 1, 2,
G4j--e4 ehe ameit%e ef- bi3e €alt shite fee ee L_ .,_s___eed ct__ 1 4_ 3 - +Start at: 1 + Alignment: Left +Aligned at: 0.25'+
fa —r Stix' a €ems- player' _ r' e'teek. \ Indent at: 0.5'
-4. The Union shall notify _ the
City if the amount of dues will change.
New Hire Piet _F,_
atimen-
45
G[:7
eeE'„nested-€ts.—� empleyrnent fer €aware -- otalfe aft eleetion.
enit, the Gity shall--
..G L.. . .. ��
Vie.
Records
1, on an annual basis, the Union shall provide the Human Resources
Director with a copy of the Union's certified financial report.
The City shall provide the Union a list of all unit members and
dues paying status with each union dues check remitted to the
Union.
Indemnification
1. The Union shall provide full protection to the City by
indemnifying, defending and holding the City harmless from and
against all claims and liabilities as a result of implementing
and maintaining this particle.
47
r lu7 oun i
I MW.?
ARTICLE 24 - HOLIDAYS
Section 24.01 ACCUMULATION
1. Employees who work shifts and are regularly required to work
holidays shall accumulate holiday pay at the rate of one hundred
forty-four hours per year in lieu of holidays. Employees who
are assigned to work shifts but are not working shifts because
thev are assianed to work a liuht duty assignment or placed on
but shall use holiday a based on the as:
IOD work schedule. Employees who terminate
paid holiday pay on a pro rata basis.
Section 24.02 ANNUAL PAYMENT
1.
1 be reported to
sation in the
n aixuu
the holida a at the e'mp la yee's rate of ay. T e City shal Ti
have the option to issue eligible employees one check annually
inclusive for sick leave pay, and holiday pay in November, but
not later than on or about December 10. dente€mss =''"_ be paid
Utilizing the eli ibilit criteria noted above when an employee
is eligible to receive Holiday Pay (known as Holiday Credit), the
a ent of HolidayPa shall be at the regular rate o= a VULIC.ce
} which includes the em to ee's base salaryplus all remuneration
rer,,,, —4 f -n ha i nr1 ruiwrl i n Y}t� rp.nular rate of Dav_
Section 24.03 PERS PICK-UP
Effective November 28, 2015, the City shall no longer pay any of the
members' PERS contribution on Holiday pay.
ARTICLE 25 - MISCELLANEOUS
Section 25.01 PROMOTIONAL EXA14INATION REQUIREMENTS
RGPLAGE wiGUAGE PER IVE ns-aSS.!Wi *
31. Eff-ppee. Fe 4k42 1, 240-3
a—Ealtajdates forFite G tali, _ _ - sh 4_
bc— required —tom— 4�re re z`i eirtrg emperienee—area
require teF- andrer--eqe .=a?ent to e4e tie s... . amk 6n
a. Ea-rates—€5t—Battaiien Ghie€—prsx �r alccL'
48
Formatted: Indent: Left: 0.5", No bullets or numbering
Formatted: No bullets or numbering
Education and Certification is hi!4h 15
or promotion. In addition to formal. education,
Certification can be used to substitute one year ox
experience in re aration of Fire captain nromotion and
ssession of State Fire Trainin Chief Officer
Certification can be used to su stitute ane year of
experience for Fire Battalion Chief
Fire Paramedic
Candidates for Fire Paramedic shall be required to
have successfully com feted probation a5 an E-1
with the El Segundo Fire Department.
Fire En ineer
Fire Captain
Candidates for Fire Captain shall be required to have
re service
Fire Battalion Chief
Candidates for Battalion Chief shall be required to
have ten {10} years of experience with the El Segundo Fire
nava T,tTnPnr i nr liidinu three f 31 as a Fire Captain or eight
a:
Zing Lnree
If the promotional testing is declared to be open-
•itive, the requirements far out
candidates shall
guivalent to the educational requirement and/or
ilent to the time in rank in a full-time professional
M
Formatted: Font: Bold, No underline
Formatted: Font: Bold
Formatted: Indent: Left: 1", No bullets or numbering
q r.n? [KKIOR
Section 25.02 OPPORTUNITY TO REVIEW MATERIALS
1. No employee shall have any comment adverse to his/her interest
entered into the employee's personnel file, or any other file
used for any personnel purposes by the employer, without the
employee having first read and signed the instrument containing
the adverse comment indicating the employee is aware of such
comment, except that such entry may be made if after reading
such instrument the employee refused to sign it. The employee's
signature on the instrument indicates notice of the adverse
comment, but does not indicate agreement by the employee with
the comment. Should the employee refuse to sign, that shall be
noted on that document, and signed by a witness, not a party to
the issuance of the instrument. The employee may attach a
rebuttal to the instrument containing the adverse remark to be
included in the Human Resources or Fire Department personnel
file.
Section 25.03 TRAINING PUBLIC JkND EbLnLOYEES
1. As part of their duties, suppression personnel may be required to
instruct and participate in training for the public and other
City Personnel. Examples of such training and participation
include first aid, CPR, CERT, Confined Space Rescue Awareness,
breathing apparatus, fire extinguisher operation, and various
public education programs.
2. The determination as to whether to use on -duty personnel or off-
duty personnel to conduct such training is within the Fire
Administration's discretion to decide. If on -duty personnel are
used Administration will determine whether to hire back
additional personnel. The decision will be based on operational
reasons. When personnel are hired back from off duty to instruct
or participate in such training they will be paid at a rate
consistent with the MOU.
ARTICLE 26 - SCHEDULE
Section 26.01 SCHEDULE - SUPPRESSION EMPLOYEES
The work schedule shall be two (2) consecutive twenty-four (24)
hour shifts on duty followed by ninety-six (96) consecutive
hours off duty, based upon a 24 -day work cycle.
ARTICLE 27 - TERM
Section 27.01 TERM
The term of this MOU shall be October 1, 20184 through September
30, 202144. This Agreement shall remain in effect during any
negotiations and shall continue to remain in full force and
effect until such time as a new agreement is reached.
Article 28 - Limited Layoffs
Section 28.01 No layoffs
Before instituting any layoffs the City will agree to meet and confer
06"R(KH)OR
901HMfi IIX7Fi
u ,efwnR
in good faith with the Association to explore alternative cost saving
approaches. Additionally, as the result of the recent reorganization
of the Fire Paramedic position on Engine 32, no existing Fire
Paramedic shall be laid off or demoted as the result of such
reorganization.
ARTICLE 29 - SIGNATURES
Section 29.01 SIGNATURES
1. This Memorandum of Understanding, October 1, 2014 to September
30, 2017 including the cover, index, Exhibits I-IV and signature
pages, is made and entered into between the Union and the City
as amended November 18, 2015.
For the Union:
For the City:
Andrew Powell Greg Carpenter
President City Manager
Geoffrey Cerny
Vice -President Director of Human Resources��
Clayton Holt Vose=)" G
.-. .. ......__ .. _��_
Vice President E1kra• tc_ i F, - ,, ----------------
Daniel Engler,
Treasurer
Deena Lee,
Secretary
51
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59Gp5: Not at 0.5"
[I �Tu7 flflflCfR
9�Iif�M 1[W.1
a-1Ii+4NNi
EXHIBIT I
SUPPLEMENTAL PROCEDURES FOR APPEALS BY FIREFIGHTERS
OF PUNITIVE ACTION
UNDER THE
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
The following appeals procedures are adopted pursuant to Government Code § 3254.5
of the Firefighters Procedural Bill of Rights Act and are intended to supplement Rule 14
and Rule 15 of the City of EI Segundo Personnel Rules and Section 2.28.070, entitled
"Hearing on Appeals" and Section 2.28.150, entitled "Employee Appeals" of Chapter
2.28, entitled "Personnel Merit System" of the City of EI Segundo Municipal Code.
1. DEFINITIONS
a- The term "firefighter" means an employee who is considered a
"firefighter" under Government Code § 3251(a) except for the Fire
Chief who is identified as such. The classifications of employees
who are firefighters include: firefighter, firefighter special assignment
paramedic, fire engineer, fire captain, and battalion chief.
b. The term "punitive action" means any action defined by Government
Code § 3251(c), i.e., "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment."
2. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITNE ACTIONS
INVOLVING FIREFIGHTER DISMISSAL DEMOTION OR SUSPENSION
FOR MORE THAN FIVE WORKDAYS
These procedures shall supplement Sections 2.28.070 and 2.28.150 of Chapter
52
2.28 of the City of EI Segundo Municipal Code and Rules 14 and 15 of the City of EI
Segundo Personnel Rules.
A firefighter who is suspended for more than five (5) workdays, but not for a
period in excess of thirty-one (31) workdays, shall be entitled to an appeal hearing
before the City of EI Segundo City Council ("City Council'), which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.
A firefighter who is suspended more than thirty-one (31) workdays; demoted; or
dismissed from employment shall be entitled to an appeal hearing before the Los
Angeles County Civil Service Commission ("Commission") which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.'
a. Notice of Discipline as Accusation — The final notice of discipline which may
be issued at the conclusion of any pre -disciplinary procedures shall serve
as the Accusation as described in Government Code § 11500, et seq.
Pursuant to Government Code § 3254, subsection (f), a dismissal,
demotion or suspension for more than five workdays shall not be
effective sooner than 48 hours of issuance of the final notice of
discipline.
ii. The notice shall be prepared and served in conformity with the
requirements of Government Code §§ 11500, et seq. The notice shall
include a post card or other form entitled "Notice of Defense" which,
when signed, will acknowledge service of the accusation and constitute
notice of defense under Government Code § 11506.
iii. The accusation shall include or be accompanied by a statement to the
respondent (firefighter) stating that the respondent may request a
1 The Los Angeles County Civil Service Commission and the E1
Segundo City Council shall be referred to collectively in these
rules as "Commission/ City Council" inasmuch as the same
procedures apply to each. Which body conducts the hearing will
depend upon the punitive action being appealed.
53
hearing by filing a notice of defense as provided in Government Code §
11506 within 15 days after service of the accusation, and that failure to
do so will constitute a waiver of respondent's right to a hearing. The
statement to respondent should be prepared in conformity with the
requirements of Government Code § 11505.
iv. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code shall be
provided to the firefighter with the notice of discipline.
b. Request for Appeal Hearing - A firefighter seeking to appeal to the
Commission/ City Council must file a timely Notice of Defense within 15
days after service of the accusation, in compliance with Government Code
§ 11506. Failure to file a timely Notice of Defense shall constitute a waiver
of the respondent's right to a hearing, unless the City Manager (or
designee) in his or her discretion nevertheless grants a hearing.
c. Administrative Law Judge- Pursuant to Government Code § 11512, the City
has determined that appeals shall continue to be heard by the Commission
(or its designee)/ City Council with the administrative law judge presiding at
the hearing, pursuant to California Government Code section 11512(b).
The administrative law judge shall rule on the admission and exclusion of
evidence and advise the Commission/ City Council on matters of law. The
Commission/ City Council shall exercise all other powers relating to the
conduct of the hearing.
d. Time and Place of Hearing - Pursuant to Government Code § 11508,
unless otherwise decided by the Commission/ City Council, a hearing shall
be conducted at the City of EI Segundo City Hall at a time to be determined
by the Commission/ City Council.
e. Notice of the Hearing — Notice of the hearing shall be provided to the
parties at least 10 days prior to the date of the hearing and in a form
consistent with Government Code § 11509.
The burdens of proof and production of evidence shall be borne by the
employer. The standard of proof shall be by a preponderance of the
54
evidence.
g. The Commission/ City Council shall issue its decision pursuant to City of EI
Segundo Municipal Code Section 2.28.070. The decision of the Los
Angeles County Civil Service Commission, or the City Council, as the case
may be, shall be in writing. Copies of the decision shall be delivered to the
parties personally or sent to them by registered mail and accompanied by a
proof of service.
h. The decision of the Los Angeles County Civil Service Commission, or the
City Council, as the case may be, is final. The decisions and findings of the
Los Angeles County Civil Service Commission, or the City Council, as the
case may be, shall be subject to review of courts only, pursuant to
Government Code § 11523.
3. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
NOT INVOLVING FIREFIGHTER DISMISSAL, DEMOTION, OR
SUSPENSION FOR MORE THAN FIVE WORKDAYS
Appeals from punitive actions other than suspensions for more than five
workdays, demotion, or dismissal, shall be conducted in accordance with the
appropriate procedures set forth in Rule 14 of the City of EI Segundo Personnel Rules.
The Los Angeles County Civil Service Commission shall have no jurisdiction over an
appeal under this section. Nothing herein shall be interpreted to establish a property
interest in any assignment.
In addition, pursuant to Government Code §§ 11425.10 and 11445.20, the
following informal hearing procedure shall be utilized for an appeal by a firefighter of a
punitive action not involving a dismissal, demotion, or suspension for more than five
workdays. Examples of punitive actions subject to the informal hearing procedure,
include, but are not limited to, written reprimands and non -disciplinary transfers
resulting in a loss of compensation (e.g., non -disciplinary transfer out of a premium pay
assignment). The appeal is an opportunity for the firefighter to present written material
and arguments why a punitive action should not occur or offer alternatives to the action
a. Effective Date of Punitive Action —Pursuant to Government Code §
3254, subsection (f), punitive action other than a dismissal, demotion or
55
a ixHxix
�MHM InIM�
suspension for more than five workdays shall not be effective sooner
than 48 hours of issuance of the final notice of discipline.
b. Notice of Appeal — Within five (5) work days of receipt by a firefighter of
notification of punitive action as set forth above in paragraph (1)(b), the
firefighter shall notify the Fire Chief in writing of the firefighters intent to
appeal the punitive action. The notice of appeal shall specify the action
being appealed and any substantive and procedural grounds for the
appeal.
c. Presiding Officer— In an informal hearing, the Fire Chief or his/her
designee shall be the Presiding Officer. If the Fire Chief cannot serve
as the Presiding Officer because of actual bias, prejudice or interest as
defined by Government Code § 11425.40, then the City Manager or
designee shall serve as the Presiding Officer. The Presiding Officer, or
his or her designee, shall conduct the informal hearing in accordance
with these procedures. The decision of the Presiding Officer shall be
final and binding.
Burden of Proof- The Fire Department ("Department") shall bear the
burden of proof at the hearing.
If the punitive action involves charges of misconduct (i.e.,
allegations that the firefighter has violated one or more federal,
state, or local laws, and/or City or Fire Department regulations,
procedures, or policies), the Department shall have the burden of
proving by a preponderance of the evidence the facts which form
the basis for the charge(s) and that the punitive action was
reasonable under the circumstances.
If the action being appealed does not involve allegations of
misconduct by the firefighter, the limited purpose of the hearing
shall be to provide the firefighter the opportunity to establish a
record of the circumstances surrounding the action. The
Department's burden of proof shall be satisfied if the Department
establishes by a preponderance of the evidence that the action was
reasonable. The Department's burden of proof may be satisfied
even though reasonable persons may disagree about the
appropriateness of the action.
e. Conduct of Hearing -
i. The formal rules of evidence do not apply, although the Presiding
Officer shall have discretion to exclude evidence which is
incompetent, irrelevant or cumulative, or the presentation of which
will otherwise consume undue time.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
aa. Witnesses shall testify under oath.
bb. Subpoenas may be issued pursuant to Government Code §§
11450.05 - 11450.50.
cc. If the punitive action being appealed is a written reprimand
and/or does not involve a loss of compensation, the parties
shall not be entitled to confront and cross-examine witnesses.
iv. Following the presentation of evidence, if any, the parties may
submit oral and/or written closing arguments for consideration by
the Presiding Officer.
f. Recording of the Hearing- If the punitive action involves the loss of
compensation, then the hearing shall be stenographically recorded by a
certified court reporter. Otherwise, the hearing may be tape recorded.
The per diem cost of the court reporter shall be equally borne by the
parties. The cost to receive a transcript of the hearing shall be borne
by the party requesting the transcript.
g. Representation- The firefighter may be represented by an association
representative or attorney of his or her choice at all stages of the
57
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4 HHH1R
proceedings. All costs associated with such representation shall be
borne by the firefighter.
Decision- The decision shall be in writing pursuant to Government
Code § 11425.50. The decision shall be served by first class mail,
postage pre -paid, upon the firefighter as well as his/her attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing.
i. Judicial Review in Limited Circumstances - Where the cross-
examination of witnesses was allowed during the informal hearing,
either party may seek judicial review of the decision pursuant to Code
of Civil Procedure § 1094.6. Where the cross-examination of witnesses
was not allowed, neither party may seek judicial review of the decision;
the Presiding Officer's decision is final and binding, without further
appeal or review.
58
21990006.1
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF EL SEGUNDO
AND
EL SEGUNDO FIREFIGHTERS'
ASSOCIATION, I.A.F.F., LOCAL 3682
OCTOBER 1, 2018 THROUGH SEPTEMBER 30,
2021
21990006.1
ARTICLE 1
GENERAL PROVISIONS
Section
1.01
Preamble
Page
1
Section
1.02
Recognition
Page
1
Section
1.03
Management Rights
Page
1
Section
1.04
Savings Clause
Page
2
Section
1.05
No Strike Clause
Page
2
Section
1.06
Maintenance of Existing Benefits
Page
2
Section
1.07
Non -Discrimination Clause
Page
3
Section
1.08
Notice to Meet and Confer
Page
3
ARTICLE 2
SALARIES
Section
2.01
Salaries
Page
3
Section
2.02
Schedule of Classes by Series
Page
4
Section
2.03
Salary Schedule Calculation Methodology
Page
4
Section
2.04
Regular Rate of Pay
Page
4
Section
2.05
Base Salary Schedule - Step Advancement
Page
5
Section
2.06
Firefighter Compensation/Probationary
Period
Page
5
Section
2.07
Change in Anniversary Date & Range Number
Page
5
Section
2.08
Salary Placement on Promotion
Page
5
Section
2.09
Flexible Spending Account
Page
6
ARTICLE 3
Incentive Compensation
Section
3.01
Paramedic Special Assignment Pay
Page
6
Section
3.02
Paramedic License Incentive
Page
7
Section
3.03
Fire Staff Premium Pay
Page
8
Section
3.04
Hazardous Material Incentive Pay
Page
8
Section
3.05
Light -Duty Pay
Page
8
Section
3.06
Fire Investigator Premium Pay
Page
8
Section
3.07
Tiller Premium Pay
Page
8
Section
3.08
Driver's License Premium Pay
Page
8
Section
3.09
Requesting Incentive Compensation
Page
9
ARTICLE 4
EDUCATIONAL PROGRAM
Section
4.01
Incentive Pay
Page
10
Section
4.02
Eligibility
Page
10
Section
4.03
Continuous Training
Page
11
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ARTICLE 5
LONGEVITY ACHIEVEMENT PAY
Section
5.01
Tenure and Compensation Schedule
Page
11
Section
5.02
Eligibility
Page
11
ARTICLE 6
INSURANCE ACTIVE EMPLOYEES
Section
6.01
Basic Health and Medical Insurance
Page
12
Section
6.02
Optical Insurance Provider
Page
12
Section
6.03
Health Insurance Formula
Page
12
Section
6.04
Dental, Optical and Life Insurance
Page
12
Section
6.05
Long -Term Disability Insurance
Page
12
Section
6.06
Catastrophic Leave Program
Page
13
Section
6.07
Long -Term Care Group Insurance
Page
14
Section
6.08
Medical Insurance Continuation
Page
14
ARTICLE 7
INSURANCE RETIRED EMPLOYEES
Section
7.01
City Sponsored Medical Insurance Plans
Page
15
Section
7.02
Other Medical Insurance Plans
Page
15
Section
7.03
Eligibility Retiree Medical Insurance
Page
15
ARTICLE 8
SICK LEAVE
Section
8.01
Sick Leave Accrual
Page
15
Section
8.02
Sick Leave Usage for Family Care
Page
15
Section
8.03
Sick Leave Payment upon Separation
Page
16
Section
8.04
Sick Leave Pay upon Disability Retirement
Page
16
Section
8.05
Sick Leave Pay upon Death
Page
16
Section
8.06
Annual Payment for Hours Over Maximum
Page
16
ARTICLE 9
VACATION
Section
9.01
Accrual - 40 -Hour Work Week
Page
17
Section
9.02
Accrual - 24 -Hour Shift
Page
17
Section
9.03
Vacation Eligibility
Page
17
Section
9.04
Vacation Buy Back
Page
17
Section
9.05
Vacation Accrual on IOD
Page
18
Section
9.06
Promotion and Transfer Eligibility
Page
18
Section
9.07
Payout on Termination
Page
18
Section
9.08
Emergency Use
Page
18
ARTICLE
10
OVERTIME
Section
10.01
General
Page
18
Section
10.02
Overtime under FLSA
Page
19
Section
10.03
Recall/Forced Hire Compensation
Page
19
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ARTICLE 11
DEFERRED COMPENSATION PROGRAM
25
Reimbursement for Tuition and Books
Section
11.01
Eligibility / Program Administrator
Page
19
Section
11.02
Deferred Compensation Matching Funds
Page
19
ARTICLE 12
RETIREMENT - PERS
Page
27
Section
12.01
PERS Retirement Plan
Page
20
Section
12.02
Optional Benefits
Page
20
Section
12.03
PERS Payment Pick -UP
Page
20
ARTICLE
13
UNIFORM AND SAFETY EQUIPMENT
Section
13.01
Uniform Maintenance Program
Page
21
Section
13.02
Cal OSHA/ Fed OSHA Uniform Requirements
Page
22
Section
13.03
Department Uniform Officer
Page
22
ARTICLE
14
BEREAVMENT LEAVE
Section
14.01
General
Page
22
Section
14.02
Use of Other Leaves
Page
22
Section
14.03
Documentation
Page
22
ARTICLE
15
COMPUTER LOAN PROGRAM
Section
15.01
General
Page
22
Section
15.02
Initial Loan
Page
23
Section
15.03
Eligible Purchases
Page
23
ARTICLE 16
Section 16.01
Section 16.02
Section 16.03
SAFETY COMMITTEE
Selecting Members
Purpose
Meetings
ARTICLE 17 TRAINING REIMBURSEMENTS
Section 17.01 Paramedic Training Reimbursement
Section 17.02 Department Instructor Training
ARTICLE 18
Section 18.01
Section 18.02
Section 18.03
Section 18.04
ARTICLE 19
Section 19.01
Section 19.02
Section 19.03
Section 19.04
EDUCATIONAL REIMBURSEMENTS
Page 23
Page 23
Page 24
Page 24
Page 24
Reimbursement for Courses
Page
25
Reimbursement for Tuition and Books
Page
26
City Reimbursement Agreement
Page
26
City Reimbursement Schedule
Page
26
TEMPORARY APPOINTMENTS
General
Page
27
Method for Filling Vacancies
Page
27
Guidelines
Page
27
Parameters for Conferring
Page
27
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Section 19.05 Determination of Appointment
Section 19.06 Intent of Policy
Page 28
Page 28
ARTICLE 20
MAINTENANCE AND REPAIRS
Section
20.01
Limited Maintenance and Repair
Page
28
Section
20.02
Administrative Offices (Fire Station #1)
Page
29
ARTICLE 21
MATERNITY LEAVE
Section
21.01
Equal Benefits
Page
29
Section
21.02
Working and Reporting
Page
29
Section
21.03
Light Duty
Page
29
Section
21.04
Leave
Page
29
Section
21.05
Notice of Leave
Page
30
Section
21.06
Returning to Work
Page
30
Section
21.07
Comparable Position
Page
30
Section
21.08
Rights
Page
31
ARTICLE 22
POLICY AND PROCEDURE AGREEMENTS
Section
22.01
Disability Retirement Appeal Procedures
Page
31
Section
22.02
Injury on Duty Procedures
Page
31
Section
22.03
Modified Duty Procedures
Page
31
Section
22.04
Rehire Policies
Page
32
Section
22.05
Rank for Rank Policy
Page
32
Section
22.06
Drug -Free Workplace Policy
Page
32
Section
22.07
Layoff and Recall Policy
Page
32
Section
22.08
Grievance Procedure
Page
35
Section
22.09
Shift Trade Policy
Page
38
Section
22.10
No Smoking Policy
Page
39
Section
22.11
Medical Examination Policy
Page
39
Section
22.12
Military Leave Policy
Page
39
Section
22.13
Election Day Voting Policy
Page
39
Section
22.14
Jury Duty
Page
39
Section
22.15
Firefighters Procedural Bill of Rights
Page
40
ARTICLE 23
UNION BUSINESS
Section
23.01
Bulletin Boards
Page
40
Section
23.02
Union Meetings
Page
40
Section
23.03
Conduct of Union/Association Business
Page
40
Section
23.04
Agency Shop Clause
Page
41
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ARTICLE 24
Section 24.01
Section 24.02
Section 24.03
ARTICLE 25
Section 25.01
Section 25.02
Section 25.03
ARTICLE 26
Section 26.01
ARTICLE 27
Section 27.01
ARTICLE 28
Section 28.01
ARTICLE 29
Section 29.01
EXHIBIT I
Accumulation
Annual Payment
PERS Pick -Up
MISCELLANEOUS
Promotional Examination Requirements
Opportunity to Review Materials
Training Public and Employees
SCHEDULE
Schedule - Suppression Employees
TERM
Term
LIMITED LAYOFFS
No Layoffs
SIGNATURES
Signatures
HOLIDAYS
Page 43
Page 43
Page 43
Page 43
Page 44
Page 44
Page 44
Page 45
Page 45
Page 46
Supplemental Procedures for Appeals Page 47
By Firefighters of Punitive Action Under
the Firefighters Procedural Bili of Rights
21990006.1
ARTICLE 1 - GENERAL PROVISIONS
Section 1.01 PREAMBLE
1. This Memorandum of Understanding is made and entered into between
the E1 Segundo Firefighters' Association, affiliated with the
International Association of Firefighters, hereinafter, referred
to as "Union", and the management representatives of the City of
El Segundo, hereinafter referred to as the "City", pursuant to
the California Government Code Section 3500 et seq.
2. The parties have met and conferred in good faith regarding
employment conditions and it is mutually agreed that this
Memorandum of Understanding shall be effective as described in
Section 1.08, below. It is further agreed that except as
provided herein, there will be no other negotiations for
salaries, benefits, and working conditions for the term covered
by this Memorandum unless both parties agree otherwise; and the
parties shall submit this Memorandum to the City Council with a
joint recommendation that the body resolves to adopt appropriate
motions and resolutions to implement the provisions of this
Memorandum. Nothing herein prevents the City from meeting and
conferring with the Union on proposed changes to the City's
Personnel Rules and Regulations, which are within the scope of
representation.
Notwithstanding the above, the Parties agree that during the term of
this Memorandum, either party may re -open this Memorandum and
require the other party discuss the following items:
(a) Modification to the Municipal Code
(b) Arbitration of claims
(c) Worker's Compensation Carve Out Program
(d) Education Reimbursement Program
However, no changes shall be made with respect to any of the above
items without mutual agreement by the parties.
3. Any and all prior or existing Memoranda of Understanding, Letters
of Agreement, Addendums, Side Letters, and other such documents
between the parties are hereby superseded and terminated in their
entirety, whether or not the specific subject matter of any such
document is addressed herein.
Section 1.02 RECOGNITION
1. The City hereby confirms its recognition of the Union as
representative of the employees in the representation unit
containing positions specifically set forth below, and has agreed
to meet and confer with the Union on all matters relating to the
scope of representation pertaining to the said employees as
authorized by law. For representation purposes, the unit shall
consist of the following positions: Firefighter, Fire Paramedic,
Fire Engineer, and Fire Captain. The Union was also recognized to
represent the previous position of Special Assignment Paramedic.
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21990006.1
Section 1.03 MANAGEMENT RIGHTS
1. Except as limited by specific and express terms of this
agreement, the City hereby retains and reserves unto itself all
rights, powers, authority, duty and responsibilities conferred on
and vested in it by the laws and the Constitution of the State of
California and/or the United States of America.
2. The management and the direction of the work force of the City is
vested exclusively in the City, and nothing in the agreement is
intended to circumscribe or modify the existing rights of the
City to direct the work of its employees; hire, promote, demote,
transfer, assign and retain employees in positions within the
City, subject to the rules and regulations of the City; suspend
or discharge employees for proper cause; maintain the efficiency
of governmental operations; relieve employees for lack of work;
take action as may be necessary to carry out the City's mission
and services in emergencies; and to determine the methods, means
and personnel by which the operations are to be carried out
within the scope of representation.
Section 1.04 SAVINGS CLAUSE
If any provision or the application of any provision of this
Memorandum as implemented should be rendered or declared invalid
by any final court action or decree, or by reason of any
preemptive legislation, the remaining sections of this Memorandum
shall remain in force and effect for the duration of said
Memorandum.
Section 1.05 NO STRIKE CLAUSE
1. California Labor Code Section 1962 provides that firefighters
shall not have the right to strike, or to recognize a picket line
of a labor organization while in the course of the performance of
their official duties. Therefore, and irrespective of the term
or existence of any Memorandum of Understanding or other rule or
regulations, the parties acknowledge that such activity is
unlawful.
2. Additionally, any other job action, including but not limited to
slow downs, speed ups, "sick outs" and other activity actually or
potentially having a negative impact upon the public health and
welfare, is deemed illegal and is prohibited, irrespective of the
term or existence of any Memorandum of Understanding e.g. see
City of Santa Ana v. Santa Ana Police Benevolent Association
(1989) 207 Cal.App. 3rd 1568, 255 Cal.Rptr. -688 regarding public
safety organization "sick outs").
Section 1.06 MAINTENANCE OF EXISTING BENEFITS
1. The Memorandum of Understanding contains all of the covenants,
stipulations and provisions agreed upon by the parties. It is
understood that all items relating to employee wages, hours and
other terms and conditions of employment not covered in this
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21990006.1
Memorandum of Understanding are covered by existing ordinances,
resolutions, policies, and practices of the City, as well as the
Personnel Rules and Regulations presently in effect. Therefore,
for the life of this agreement, neither party shall be compelled
to meet and confer with the other concerning any mandatory meet
and confer issues whether specifically discussed prior to the
execution of this agreement or which may have been omitted in the
discussions which led up to the execution of this agreement,
except as provided in this agreement or by mutual agreement of
parties.
2. Nothing herein prevents the City and Union from meeting and
consulting on the City's Personnel Rules and Regulations, which
are within the scope of representation. However, the mutual
agreement of both the City and Union are required to effect any
change.
Section 1.07 NON-DISCRIMINATION CLAUSE
1. The Union and the City recognize and agree to protect the rights
of all employees to join and/or participate in the protected
Union activities or to refrain from joining or participating in
protected activities in accordance with Government Code Sections
3500 through 3510.
2. The City and the Union agree that they shall not illegally
discriminate against any employee because of race, color, sex,
age, national origin, political or religious opinions or
affiliations and shall act affirmatively to accomplish equal
employee opportunities for all employees. The City and the Union
shall reopen any provision of this agreement for the purpose of
complying with any final order of a Federal or State agency or
court of competent jurisdiction requiring a modification or
change in any provision or provisions of this agreement dealing
with State or Federal anti -discrimination laws.
Section 1.08 NOTICE TO MEET AND CONFER
1. Except in cases of emergency as provided in Government Code
Section 3504.5, the governing body of a public agency, and
boards and commissions designated by law or by such governing
body, shall give reasonable written notice to each recognized
employee organization affected of any ordinance, rule,
resolution, or regulation directly relating to matters within
the scope of representation proposed to be adopted by the
governing body or such boards and commissions and shall give
such recognized employee organization the opportunity to meet
with the governing body or such boards and commissions.
2. In cases of emergency when the governing body or such boards or
commissions determine that an ordinance, rule, resolution or
regulation must be adopted immediately without prior notice or
meeting with a recognized employee organization, the governing
body or such boards, and commissions shall provide such notice
and opportunity to meet at the earliest practicable time
following the adoption of such ordinance, rule, resolution, or
regulation.
21990006.1
ARTICLE 2 - SALARIES
Section 2.01 SALARIES
1. Effective October 14, 2008, the past practice of "compounding"
base salaries shall terminate, whereby base salaries were
previously supplemented and increased in amounts determined by
the percent of incentives/special compensation pay.
2. Effective November 23, 2018, the base salary of each represented
employee shall be increased by nine percent (9%)
3. Effective the pay period that includes October 1, 2019, the base
salary of each represented employee shall be increased by two and
one-half percent (2.5%).
4. Effective the pay period that includes October 1, 2020, the base
salary of each represented employee shall be increased by two and
one-half percent (2.5%)
5. Attached to this Memorandum of Understanding as Exhibit II, and
incorporated herein by reference as though set forth in full, is
the actual computation of base salaries as reflected by the above
provisions of this Section 2.01.
6. The Parties agree to re -open the MOU, at the City's option, if
the City determines that it is facing a fiscal hardship.
However, no changes shall be made based upon this re -opener
without mutual agreement by the parties.
Section 2.02 SCHEDULE OF CLASSES BY SERIES
1. The following respective range numbers are hereby allocated and
assigned to the following respective positions in the service of
the City, hereinafter set forth:
Firefighter
Fire Engineer
Fire Paramedic
Fire Captain
483
Steps A - F
497
Steps A - E
497
Steps A - E
510
Steps A - E
2. Effective November 28, 2015, a new classification of Fire
Paramedic shall be established. The assigned salary range
is 497, Steps A - E.
Section 2.03 SALARY SCHEDULE CALCULATION METHODOLOGY
1. The methodology used in computing adjustments in monthly salary
shall be as follows:
2. Adjustments are to be computed from the amount shown in the base
salary columns, step A through F of Range 483, and step A through
E of Ranges 497 and 510 of the Base Salary Schedule. Multiply
each step by the percent of the new salary adjustment. Once all
4
21990006.1
of the salary steps have been computed, each salary figure shall
be rounded off to two (2) decimal places, and this amount will
comprise the new base salary schedule. Taxable pay will be
calculated by subtracting the Public Employee Retirement System
(PERS) picked up by the employer in accordance with Internal
Revenue Code Section 414(h)(2), (which is calculated at 90 of the
resulting regular rate of pay). Hourly rates for each step are
calculated by multiplying the respective unrounded salary step
plus applicable incentives (regular rate of pay) by twelve (12)
and then dividing by two thousand nine hundred twelve (2,912) and
rounding off the result to the nearest two (2) decimal places.
Section 2.04 REGULAR RATE OF PAY
1. This MOU periodically refers to the "regular rate of pay." The
"regular rate of pay" is defined in 29 USC § 207(e) within the
Fair Labor Standards Act ("FLSA"). The term "regular rate of
pay" as used in this MOU is intended to be consistent with the
definition assigned in the FLSA as described in 29 USC § 207(e).
Therefore, the regular rate of pay is the remuneration paid to or
on behalf of the employee except for those items excluded from
the regular rate of pay as set forth in 209 USC § 207(e)(1-8.)
The parties acknowledge that the City does not pay the employee's
9% PERS member contribution and consequently employer paid member
contribution of 9% does not apply to this bargaining unit and is
not to be calculated as part of the regular rate of pay. Such
acknowledgement shall not cause any reduction of pay as the
result of this language.
The regular rate of pay is derived by taking all remuneration
paid to or on behalf of the employee except for the excluded
items as set forth in 29 USC 207(e)(1-8)then dividing this number
by the number of hours regularly scheduled in a standard two week
pay period.
Section 2.05 BASE SALARY SCHEDULE -STEP ADVANCEMENT
1. The advancement of a new employee from Step A shall be on the new
employee's anniversary date which is established as the day
immediately following satisfactory completion of his/her first
six months service; Steps B, C, D and E (F for Firefighters only)
contemplate one year's service in each of such classification
subject to the limitations of the paragraph below and the
advancements there from shall be on the anniversary date of the
employee; Step E (F for Firefighters only) contemplates continued
service in such step until further advancement is indicated by
reason of longevity.
2. If the employee's anniversary date falls in the first week of the
pay period, the effective date of the increase will be the first
day of that pay period; if the anniversary date falls in the
second week of the pay period, the effective date of the increase
will be the first day of the following pay period. An employee
in the fire service shall be presumed to merit an increase in pay
5
21990006.1
unless his or her current performance evaluation on file rates
him or her below standard or unsatisfactory and the Fire Chief
notifies the Personnel Officer and employee in writing at least
ten days in advance of the scheduled increase that the increase
in pay should be withheld, stating reasons. If employee's
performance subsequently improves to a satisfactory level, the
pay will be granted upon the issuance of a satisfactory
performance report.
Section 2.06 FIREFIGHTER COMPENSATION/PROBATIONARY PERIOD
1. Fire service employees shall be appointed to the position of
Firefighter and compensated at Step A of the range assigned to
Firefighter (483) for the first six (6) months from their date
of hire. They shall be on probation during the first twelve (12)
months from their date of hire.
Section 2.07 CHANGE IN ANNIVERSARY DATE AND RANGE NUMBER
1. An employee advanced from one range to another, shall receive a
new anniversary date, which is the date of the change. Other
changes in salary, unless specifically directed by the Council
or as provided in the second paragraph of the Section herein
entitled "Base Schedule -Step Advancement" herein shall not
change the anniversary date, except for promotions made in
accordance with the Personnel Merit System ordinance and the
Personnel Rules and Regulations. The City Council reserves the
right at any time, and in its sole discretion, to change the
range number assigned to any officer or employee and to
determine the particular step in any range number which is to be
thereafter assigned to any such officer or employee.
Section 2.08 SALARY PLACEMENT ON PROMOTION
1. In all cases where an employee is promoted to a classification
for which a higher rate of compensation is provided, then such
employee so promoted shall enter into such higher classification
at the lowest rate of compensation provided for such higher
classification which exceeds by not less than five percent of
the base rate of the affected employee.
2. All supervisors shall be paid a base rate not less than the next
higher base rate than any of their subordinates. In the event
that a supervisor is paid a base rate of pay equal to or lower
than one of his/her subordinate's base rate, the supervisor's
base rate shall be advanced to a step in his/her salary range
which is next higher than any subordinate's base pay exclusive
of longevity pay, educational incentive pay, and special
assignment pay.
3. Any affected employee assigned to and performing the duties of a
Fire Paramedic and who is promoted, shall suffer no decrease in
base salary (pre -promotion base salary being measured by base
salary plus any paramedic bonus). This Section shall not apply
to paramedics who suffer a salary decrease because of a
reassignment out of the paramedic program (as opposed to a
promotion).
0
21990006.1
Section 2.09 FLEXIBLE SPENDING ACCOUNT
1. The City shall allow employees to participate in the Flexible
Spending Account pursuant to the terms and conditions of the
Internal Revenue Code.
ARTICLE 3 — INCENTIVE COMPENSATION
Section 3.01 PARAMEDIC SPECIAL ASSIGNMENT PAY
1. Effective the pay period beginning November 28, 2015,
Paramedic Special Assignment Pay shall no longer be provided
to members of this bargaining unit. Rather, employees
currently performing special assignment paramedic duties
shall be reclassified to the newly created classification of
Fire Paramedic.
Section 3.02 PARAMEDIC LICENSE INCENTIVE
1. Effective October 14, 2008, permanent sworn employees that
possess a California Paramedic License and have Accreditation by
the County of Los Angeles will be compensated at the monthly
amount set forth in Exhibit V.
2. The members qualifying for this incentive may be utilized on
paramedic assessment apparatus. These employees will be used on
rescue ambulances to cover for members in the special assignment
paramedic status when no special assignment paramedic can be
reasonably called in from off duty. When no Fire Paramedic can be
reasonably called in from off duty, then the following procedure
will be used.
a. If the opening occurs on a rescue ambulance, move the
special assignment paramedic from the assessment apparatus
to the rescue ambulance.
b. Move an on -duty qualified paramedic Engineer or Captain to
the assessment apparatus and hire back a Firefighter (the
on -duty Battalion Chief will decide based on operational
need as to which on -duty member would best be moved.)
c. If there is no on -duty qualified paramedic Engineer or
Captain, check availability for an off-duty qualified
paramedic Engineer or Captain who has signed up and attempt
to rehire (Engineers will be considered first then
Captains.)
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d. If there are none on the availability rehire list, then
attempt to force hire an off-duty qualified paramedic
Engineer or Captain (Engineers will be force hired first
before Captains.)
e. If no off-duty qualified paramedic Engineers or Captains can
reasonably be called in from off-duty, then a firefighter
will be force hired to fill the vacancy.
3. Members who have never been certified/licensed or who have
decertified (no longer licensed) and seek certification or
recertification (licensure) will be sponsored by the City at the
member's request. Certification, recertification or licensure
shall be at the member's own time and expense including all fees
for testing, licensure and any other associated costs with the
exception of continuing education currently provided by the
City's EMS Educator. Educational reimbursement will not be
provided for outside training required for the initial
recertification/licensure, or in situations where the employee
did not attend classes provided in-house by the City's Nurse
Educator or other City provided resource. Once a member has in
his/her possession a California Paramedic License and
Accreditation from Los Angeles County and makes those documents
available for inspection by the City, they shall be compensated
as per the provisions in this MOU.
4. The City shall continue to provide an EMS Educator.
Section 3.03 FIRE STAFF PREMIUM PAY
1. Effective October 14, 2008, uniformed personnel who are assigned
Fire Department work outside of the Suppression Division shall
receive fire staff premium pay equal to Fifteen percent (150)
above the employee's regular rate of pay to which they are
entitled.
Section 3.04 HAZARDOUS MATERIALS FIRST RESPONDER OPERATIONAL
INCENTIVE PAY
Effective the pay period beginning November 28, 2015, Hazardous
Materials Pay shall no longer be provided to members of this
bargaining unit.
Section 3.05 LIGHT-DUTY PAY
1. When an employee is assigned to light duty because of a
temporary physical disability or condition, she/he shall be paid
at the rate of her/his normal duty assignment without regard to
the temporary duty schedule.
n.
21990006.1
Section 3.06 FIRE INVESTIGATOR PREMIUM PAY
1. The assignment of cause and origin/arson investigators (also
described as "fire investigators") shall be created with the
assignment requirements being designated by the Fire Chief.
Employees selected to serve in this assignment shall receive a
$50.00 per month stipend. The stipend shall commence with the
employee providing evidence of having successfully completed
mandated training and qualification to be certified to perform
the duties of the assignment.
Section 3.07 TILLER PREMIUM PAY
1. Employees classified as Firefighters and tiller certified by the
City shall receive a monthly stipend of $50.00.
Section 3.08 DRIVER'S LICENSE PREMIUM PAY
1. Effective the pay period beginning November 28, 2015, Driver's
License Premium Pay shall no longer be provided to members of
this bargaining unit.
2. The City will provide the training and the means (i.e.,
equipment) to obtain the Class "C" license with a firefighter
endorsement qualified to operate a class "A" vehicle. In the
event the City elects not to provide the training or means to
obtain the required license, the requirement for the respective
license shall be dropped until such time as the City again
provides the said training and means.
Section 3.09 REQUESTING INCENTIVE COMPENSATION
1. Members eligible to receive incentive compensation shall make a
request in writing in order to receive such compensation (NOTE:
through an approved form through channels to the Fire Department
Personnel Officer. They shall also provide copies of the
necessary proof of their eligibility to receive the incentive as
outlined below:
Incentive Compensation
Paramedic License Incentive:
Educational Program - EMT -D
Educational Program - Units
Educational Program - Certificate
Required Proof
Accreditation, license and
certification by County of Los
Angeles and State of California
as a Paramedic.
A current EMT -D certification
Official or unofficial transcript
listing required units.
Certificate, or official or
unofficial transcript listing
certificate earned.
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21990006.1
Educational Program - Degrees
Diploma, or official/unofficial
transcript listing degree earned
or showing that the requirements
have been met.
2. In addition, for incentive items that are renewed (Paramedic and
EMT -D,) members must provide proof of renewal prior to the date
of expiration of the last provided proof of eligibility.
Failure to provide proof prior to the expiration will result in
the loss of the effected incentive compensation, retroactive
back to the date of expiration. The employee can have the
incentive pay reinstated in the first payroll period following
provision of proof of eligibility. The reinstatement shall be
retroactive to the date the member met the qualifications for an
incentive item as indicated in the proof of eligibility.
ARTICLE 4 - EDUCATIONAL PROGRAMS - TIER ONE
Section 4.01 INCENTIVE PAY
1. Members of this bargaining unit hired on or before November 28,
2015 shall be eligible for Educational Incentive Pay for
achieving the following education levels in the amountss set
forth in Exhibit III, attached and incorporated into this MOU.
Members of this bargaining unit who achieve one of the following
levels after September 30, 2021 shall not be eligible for the
additional Education Incentive Pay associated with that level.
a. Fire Science Certificate or successful completion of twenty
units of college level courses in Fire Science;
b. Associate of Arts Degree with at least twenty units in Fire
Science;
C. Bachelor's Degree in Public Administration, Political
Science, Chemistry or other major course of study approved
by the Fire Chief.
d. The above amounts shall not be cumulative.
2. Bargaining unit members hired after November 28, 2015, shall not
be eligible for the Education Incentive Pay described above.
3.
Section 4.02 ELIGIBILITY
1. Prior to an employee engaging in a major course of study, he/she
must receive written approval from the Fire Chief for the
eligibility of the specific type of College Degree to guarantee
his/her eligibility for incentive pay as provided herein.
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Section 4.03 CONTINUOUS TRAINING
The City currently provides the training and the means to obtain
the EMT -D certification and the Class "B" Restricted Driver's
License. In the event the City elects not to provide the
training or means to obtain the required certification or
license, the requirement for the respective certification or
license shall be dropped and otherwise qualified employees shall
remain eligible for educational incentive pay until such time as
the City again provides the said training and means.
ARTICLE 5 -EDUCATIONAL PROGRAMS - TIER TWO
Section 5.01 EDUCATION BONUS
Bargaining unit members hired after November 28, 2015, shall be
eligible for a monthly Education Bonus upon achieving the following
education levels in the amounts set forth below. In order to receive
an Education Bonus, the represented employee must have received
asatisfactory score on his/her most recent performance evaluation.
The Education Bonus shall not be reflected on any City pay or salary
schedule and shall not be reported to CalPERS as compensation
earnable:
Bachelor's Degree $500 monthly
Master's Degree $900 monthly
The above amounts shall not be cumulative.
Section 5.02 ELIGIBILITY
1. Prior to an employee engaging in a major course of study, he/she
must receive written approval from the Fire Chief for the eligibility
of the specific type of College Degree to guarantee his/her
eligibility for the Education Bonus as provided herein. Each employee
who qualifies for Education Bonus shall remain eligible during the
course of his/her employment with the City, with the following
exceptions: After qualifying for the Education Bonus, an employee
shall cease to receive such Bonus during any time period that: the
employee does not meet the requirements for Education Bonus; the
employee is suspended without pay; or the employee's most recent
performance evaluation is rated below standard or unsatisfactory. An
employee who has lost his/her eligibility to receive this Education
Bonus under the terms stated above shall have their Education Bonus
reinstated the first payroll period following his/her re-
qualification. The City agrees that it will provide performance
evaluations of individuals receiving below satisfactory evaluation at
least once every six months and that if it does not provide a new
evaluation to such an individual, he/she shall commence receiving the
Education Bonus six months after the below satisfactory evaluation.
ARTICLE 6 - LONGEVITY PAY
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Section 6.01 TIER ONE
1. Members of this bargaining unit hired on or before November 28,
2015 shall be eligible for Longevity Pay , as set forth in
Exhibit IV, attached and incorporated into this MOU.
ARTICLE 7 - LONGEVITY PAY - TIER TWO
1. Bargaining Unit members hired on or after November 28, 2015,
shall be eligible for Longevity Pay as follows:
6 years of service - $500600 monthly
13 years of service -$700 monthly
20 years of service -$900 monthly
The Longevity payments in this section are as set forth in
Exhibit V, attached and incorporated into this MOU
Section 8.01
ARTICLE 8 - INSURANCE ACTIVE EMPLOYEES
BASIC HEALTH AND MEDICAL INSURANCE
1. The City will consult with employees through the insurance
committee and consider all suggestions and presentations on the
types of insurance plan or plans to be purchased. The City
reserves the right to determine the insurance carrier with whom
the City will contract for coverage.
Section 8.02
OPTICAL INSURANCE PROVIDER
1. The optical insurance plan to be selected by the City will be
the Teamsters' proposed vision plan provided through Vision Care
Plan or a plan with similar benefits.
Section 8.03
HEALTH INSURANCE FORMULA
1. Effective January 2019 and for the duration of calendar year
2019, the maximum monthly City -paid health insurance premium
contribution for medical health insurance shall be $1,500.
2. Effective January 2020 and for the duration of calendar year
2020, the maximum monthly City -paid health insurance premium
contribution for medical health insurance will be $$1,575.
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3. Effective January 2021 and for the remainder of the term of this
MOU, the maximum monthly City -paid health insurance premium
contribution for medical health insurance will be $1,650.
4. 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 2016 monthly rate is $9.52 and is subject to
change.
Section 6.04 DENTAL, OPTICAL AND LIFE INSURANCE
1. Effective January 2019, the City shall pay 100% of the premiums
for the agreed-upon dental, optical and life insurance for
employees and eligible dependents to the maximum of $135 per
month. The City will apply the maximum dollar amount to the
payment of the various premiums in the following order: (i)
optical, (ii) life, and (iii) dental. The City will extend
dental coverage for dependents to the age of 26 as is the
current practice for medical insurance.
Section 6.05 LONG-TERM DISABILITY INSURANCE
1. The City will pay on behalf of each qualifying employee 100% of
premiums for California Association of Professional Firefighters
group Long -Term Disability Insurance. These payments shall be
reported to the taxing authorities as ordinary income of the
employees.
2. An employee who has qualified for Long -Term Disability as a
result of an injury or illness shall be required to implement a
50/50 integration benefit (50% of the available LTD benefit
being funded by any and all accrued leaves) under the LTD Plan
after their FMLA time expires. This 50/50 option will continue
until the employee returns to duty, terminates employment, or
exhausts all accrued Leaves. During use of the integration
benefit process, the City will continue the employee's medical
insurance and retirement payments as if the employee were not on
Leave.
3. Employees of the Firefighters Bargaining Unit may participate in
the City's Catastrophic Leave Program. Members on Long -Term
Disability Leave, upon exhausting all accrued leaves, will be
considered for the use of the City's Catastrophic Leave Program.
Section 6.06 CATASTROPHIC LEAVE PROGRAM
The Catastrophic Leave Program is as follows:
a. Purpose
To establish a program whereby City employees may donate
accumulated time to a catastrophic sick leave bank to be used by
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permanent part-time and full-time employees who are
incapacitated due to a catastrophic illness or injury.
b. Definition
A catastrophic illness or injury is a chronic or long term
health condition that is incurable or so serious that, if not
treated, it would likely result in a long period of incapacity.
C. Procedures
There is established a joint-employer/employee committee
composed of an individual from each recognized employee
organization and a representative of City Administration charged
with administering the Catastrophic Leave Bank.
Employees may transfer sick leave, vacation or compensatory
leave to the Catastrophic Leave Bank to be donated to an
employee who is experiencing catastrophic illness and has
exhausted all personal sick leave. Such a transfer can be made
on July 1 of each year on forms provided by the City of El
Segundo. The employee to receive the donation will sign the
"Request to Receive Donation" form allowing publication and
distribution of information regarding his/her situation.
Sick Leave, vacation and compensatory time leave donations will
be made in increments of no less than one day. These will be
hour for hour donations.
Employees must, at the time of donation, have a minimum of one
hundred (100)hours of accumulated illness/injury leave remaining
after a donation has been made.
5. The donation of time is irrevocable. Should the recipient
employee not use all of the donated time for the catastrophic
illness or injury, any balance will remain in the Catastrophic
Leave Bank to be administered by the committee and utilized for
the next catastrophic leave situation.
Section 6.07 LONG TERM CARE GROUP INSURANCE
1. Effective November 28, 2015, the City shall no longer pay on
behalf of each qualifying employee any premiums for California
Association of Professional Firefighters Supplemental Long Term
Care Rider Composite Plan.
Section 6.08 MEDICAL INSURANCE CONTRIBUTION - ON DUTY DEATH
1. If it is determined by the Workers' Compensation Appeals Board
and/or the Public Employees' Retirement System that an
Association member has died as a direct and proximate result of
the performance of duties in the course and scope of his/her
employment, then the City shall continue to make group medical
insurance premium payments on behalf of the surviving spouse
until age 65, Medicare eligibility, whichever comes first, and to
the children of the deceased member until age 18. Said medical
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premium payments on behalf of the children of a deceased member
shall continue if at age 18, the child commences uninterrupted
college enrollment, but not to exceed the age of 23.
2. The City -paid medical insurance premiums described herein shall
be in an amount required to fund the level of medical insurance
benefits, which the deceased member was receiving at the time of
his/her death. For example, if at the time of death, the member
was enrolled in a specific HMO Plan, then future premium payments
made pursuant to this Section shall be in an amount required to
maintain comparable plan benefits.
ARTICLE 7 - INSURANCE RETIRED EMPLOYEES
Section 7.01 CITY SPONSORED MEDICAL INSURANCE PLANS
1. The City will pay 100% of the premium for the agreed upon health
insurance, under the City's insurance plans, for retired
employees and eligible dependents, to the maximum dollar amount
being equal to the contribution made for current employees with
coverage which is the same as that of the retiree.
Section 7.02 OTHER MEDICAL INSURANCE PLANS
1. The City shall contribute up to $120.00 per month to employees
who service retire while under the employ of the City of El
Segundo toward any medical insurance coverage which the retiree
should select for himself or herself if the selected medical
coverage is not provided under the City's insurance plans.
Retirees with non -City medical coverage shall submit proof of
their annual coverage for medical insurance to the City at any
time during the year and the City will issue them a reimbursement
check. Partial year coverage shall be compensated on a pro -rated
basis.
2. The above limitation shall not apply for retirees who retired
before December 1989 and in December 1989 were not receiving a
City contribution to medical insurance. The monthly limitation
for such employees shall be $75.00.
Section 7.03 ELIGIBILITY RETIREE MEDICAL INSURANCE
1. Effective July 1, 1989, employees shall have a minimum of five
(5) years of City service as a prerequisite to receive from the
City service retiree medical insurance contributions and
continued participation in the City's group insurance plans
except as may be mandated by law (e.g., COBRA).
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ARTICLE 8 - SICK LEAVE
Section 8.01 SICK LEAVE ACCRUAL
1. Permanent employees shall accumulate sick leave at the rate of
one eight-hour day accumulation for each month's service not to
exceed a maximum of 1056 hours. Members of the Fire Service in
the positions of Firefighter, Fire Paramedic, Fire Engineer, and
Fire Captain who work shifts shall accumulate sick leave at the
rate of one twelve-hour day accumulation for each month's
service, not to exceed a maximum of 1584 hours. Sick leave
shall be available for immediate use beginning from date of
hire.
Section 8.02 SICK LEAVE USAGE FOR FAMILY CARE
1. Affected employees are eligible to utilize a maximum of six (6)
days (three shifts) of sick leave per calendar year in order
that care may be provided to immediate family members suffering
from illness or injury.
Section 8.03 SICK LEAVE PAY UPON SEPARATION
1. Upon separation from service of an employee, the City shall pay
for the employee's unused sick leave accumulation according to
the following schedule at the same rate the employee would have
received had he/she used the benefit to receive full pay while
absent on the date of the cash -out payment:
a. 50% after ten (10) years of service.
b. 90% after twenty (20) years of service.
2. Employees with 25 years or more of City service who have reached
age 47 or more may, in each of their final three years of
employment, cash out up to 1/3 of their accrued unused sick
leave up to a maximum of 90% as long as they maintain a 120 hour
post distribution balance during employment. The cash out is
limited to one time per calendar year with the exception of the
final 1/3 cash out to be made on separation. The first two
payments are limited to the maximum dollar value of deferred
compensation "catch up" permitted by law for the calendar year
in which the cash out is received. In no event can an employee
cash -out a cumulative total greater than that permitted above.
3. Effective October 1, 2016, employee's sick leave pay for 8.03(1)
and 8.03(2) shall be paid at the base hourly rate set forth on
the salary schedule.
Section 8.04 SICK LEAVE PAY UPON DISABILITY RETIREMENT
1. Employees separating from service because of a disability
retirement, after five (5) years of service, will be compensated
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at 900 of the employee's accumulated, unused sick leave at the
same rate the employees would have received had he/she used the
benefits to receive full pay while absent on the date of the
cash -out payment. Effective October 1, 2016, employee's sick
leave shall be paid at the base hourly rate set forth on the
salary schedule.
Section 8.05 SICK LEAVE PAY UPON DEATH
1. Employees who die while under the employ of the City will
receive 75% of their accrued unused sick leave. Benefits shall
be paid to employee's beneficiaries and/or estate at the
"regular rate of pay". Effective October 1, 2016, employee's
sick leave shall be paid at the base hourly rate set forth on
the salary schedule.
Section 8.06 ANNUAL PAYMENT FOR HOURS OVER MAXIMUM
1. On the first day of December of each year, employees who
maintain a balance of 1056 hours (Firefighters assigned to fire
suppression, 1584 hours) of Sick Leave accrual shall be paid at
the "regular rate of pay" for one-half the Sick Leave
accumulated and not used during the preceding twelve-month
period. Payment shall be made on or before December 10.
Effective October 1, 2016, employee's sick leave shall be paid
at the base hourly rate set forth on the salary schedule.
ARTICLE 9 - VACATION LEAVE
Section 9.01 VACATION ACCRUAL 40 -HOUR WORK WEEK
1. Members of the Union who work 40 hours a week shall accumulate
vacation time not to exceed the total aggregate of two years
accumulation in accordance with the following schedule:
a. Twelve (12) working days per year with full salary for the
first seven years of continuous service with the City;
b. Eighteen (18) working days per year with full salary after
seven (7) years and until the completion of fourteen years
of continuous service;
c. Twenty-four (24) working days per year with full salary
after fourteen (14) years of continuous service.
Section 9.02 VACATION ACCRUAL 24-HOUR SHIFT
1. Employees who work on a shift basis shall accumulate vacation
time not to exceed the total aggregate of two years accumulation
in accordance with the following schedule:
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a. Six (6) shifts per year with full salary for the first
seven (7) years of continuous service with the City.
b. Nine (9) shifts per year with full salary after seven years
and until the completion of fourteen (14) years of
continuous service.
c. Twelve (12) shifts per year with full salary after fourteen
(14) years of continuous service.
Section 9.03 VACATION ELIGIBILITY
1. One (1) captain, one (1) engineer, one (1) paramedic and one (1)
firefighter per shift shall be granted vacation leave upon
approved application being made and consistent with the needs of
the Department. Effective October 1, 2011, the use of unsecured
vacation shall be allowed, as provided by the rehire policy,
more than one member in a rank per shift will be able to use
accrued vacation time.
2. Vacation leaves may be taken only after an employee has
completed one year's continuous service with the City.
Section 9.04 VACATION BUY BACK
1. Each affected employee shall be provided the option of
converting one hundred percent (100%) of annual accrued vacation
leave to cash, at the base hourly rate of pay existing at the
time of distribution, during one (1) calendar year pay period as
selected at the discretion of the employee.
Section 9.05 VACATION ACCRUAL ON IOD
1. An employee on a City approved industrial disability leave may
exceed his/her maximum vacation accrual by 50% of his/her annual
vacation leave. (Example: employee on IOD with 288 hours accrued
vacation may accrue an additional 72 hours, i.e. 50% of his 144
annual accrual).
Section 9.06 PROMOTION AND TRANSFER ELIGIBILITY
1. Vacations shall be honored with respect to all transfers even if
that vacation period has already been taken by another member.
In addition, vacations shall be honored with respect to
promotions, however this is contingent on volunteer members being
available to work. Vacations honored under this provision that
allow two members to be on vacation during the same period shall
not be available to other members should the transferred or
promoted member cancel said vacation period.
Section 9.07 PAYOUT ON TERMINATION
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1. Upon termination of employment during a pay period, pay shall be
prorated and paid for each day worked in said pay period and the
terminal salary warrant shall include accrued vacation pay to
the time of termination.
Section 9.08 EMERGENCY USE
1. For personal emergencies, that is, a serious illness of an
"immediate family" member of the employee or the employee's
spouse and for cases of extreme and unusual hardship of an
emergency nature, employees, upon request, shall be entitled to
utilize accumulated vacation leave or compensatory time -off, for
which prior notification is required; however, in certain
instances notification requirements may be waived.
ARTICLE 10 - OVERTIME
Section 10.01 GENERAL
1. All of the members of the Fire Department shall be subject to
call for service at any time.
2. All employees working a 182 hour/24 day work period shall receive
premium overtime compensation at the rate of one and one-half
(1.5) times their "regular rate of pay," for all time worked in
excess of 182 hours in a 24 day work period. This MOU
periodically refers to the "regular rate of pay." The "regular
rate of pay" is defined in 29 CFR § 778.108 et. seq. The parties
acknowledge that the City does not pay the employee's 9% PERS
member contribution and consequently employer paid member
contribution of 9% does not apply to this bargaining unit and is
not to be calculated as part of the regular rate of pay. Such
acknowledgement shall not cause any reduction of pay as the
result of this language.
3. All employees working a 40 hour/7-day work period, a 9/80 or
other modified 40 hour schedule shall receive premium overtime
compensation at the rate of one and one-half (1.5) times their
regular rate of pay for all time worked in excess of their daily
work shift or in excess of 40 hours in a 7 -day work period.
In determining an employee's eligibility for overtime compensation in
a work period, "sick leave" shall be excluded from the total hours
worked.
4. 56- HOUR SUPPRESSION ASSIGNMENT- The work period for all
employees assigned to a 56 -hour suppression assignment (56 hr.
employees) shall be a 56 -hour week, consisting of eight (8),
twenty -four-hour shifts within a 24 -calendar day "FLSA cycle".
The employer shall pay premium pay of 1.5 times the regular rate
of pay for all hours worked in excess of 182 hours within the 24 -
calendar day cycle. Ten (10) hours of FLSA overtime pay is
considered "regularly scheduled overtime," thus premium pay
reportable to CalPERS as normal hours worked.
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Section 10.02 OVERTIME UNDER FLSA
1. Effective July 1, 2006
a. The City shall compensate personnel who temporarily work an 8 -
hour day at their regular rate of pay based on a 56 -hour per
week work schedule. The employee's hourly rate shall be
modified to a 40 -hour per week rate if the Fire Chief reassigns
the employee to that shift for an extended term.
Section 10.03 FORCED HIRE COMPENSATION
1. Effective July 1, 2006
a. Notwithstanding Section 10.01, employees subject to forced
rehire shall be paid a minimum of four (4) hours at time and
one-half (it is understood that pursuant to the Fire
Department's practice/procedure, recall is a form of forced
rehire). The Battalion Chief will release a recalled/rehired
suppression employee when there is no circumstance justifying a
hold -over of the person or whenever scheduling does not justify
a hold -over of the person.
Section 10.04 Compensatory Time Off
Effective November 23, 2018, employees may elect to convert straight
time hours worked in excess of 112 in a 12 -day period to compensatory
time off (CTO). Employees will be paid in cash for the half time
"premium" portion of such hours and will be credited with having
worked these hours for purposes of calculating overtime. Employees
may accrue up to a maximum of 144 hours (6 shifts) of CTO.
ARTICLE 11 - DEFERRED COMPENSATION PROGRAM
Section 11.01 ELIGIBILITY / PROGRAM ADMINISTRATOR
1. Union members are eligible to participate in the City's approved
deferred compensation programs. The contributions made to this
program shall be borne solely by the employee (i.e. no City
contributions). In the event the City contemplates changing the
program administrator, the City will first consult with the
Union.
Section 11.02 DEFERRED COMPENSATION MATCHING FUNDS
Effective November 28, 2015, the City shall no longer match
contributions made by the employee to the City's Deferred Compensation
Plan established under Section 457 of the Internal Revenue Code to a
maximum of 5% of the employee's regular rate of pay. However, the
City shall deposit a final match to reflect the employee contributions
made from January 2015 through the pay period ending November 27,
2015. The City shall deposit the final matching funds on behalf of the
employee into the City's Deferred Compensation Plan established under
section 401(a) of the Internal Revenue Code.
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ARTICLE 12 - RETIREMENT - PERS
Section 12.01 PERS RETIREMENT PLAN
1. For all members, except those defined as "New Members" within
the meaning of the California Public Employees' Pension Reform
Act of 2013:
a. All sworn firefighting employees currently represented by
the Union who are safety members of PERS shall have their
retirement benefits calculated pursuant to the three
percent (3%) at age 55 formula set forth in Section 21363.1
of the California Government Code.
b. One -Year Final Compensation option "single highest year"
(Government Code Section 20042)
2. For "New Members" within the meaning of the California Public
Employees' Pension Reform Act of 2013:
a. The provisions of AB 340 (The California Public
Employees' Pension Reform Act of 2013) will be
applicable to new members hired into this bargaining
unit on or after January 1, 2013.
b. Retirement Formula: Per Government Code Section
7522.25(d), also known as 2.70 @ 57 retirement formula.
c. Final compensation will be based on the highest annual
average compensation earnable during the 36 consecutive
months immediately preceding the effective date of his
or her retirement, or some other 36 consecutive month
period designated by the member.
d. Effective January 1, 2013, employees shall pay one half
of the normal cost rate, as established by CalPERS.
Section 12.02 OPTIONAL BENEFITS
1. The City of El Segundo has modified its PERS contract to provide
the following Optional Benefits:
a. Post -Retirement Survivor Allowance - in accordance with
Government Code Sections 21624 and 21626
b. Military Service Credit as Public Service - employees may
elect to receive such credit for prior military service in
accordance with Section 21024 of the California Government
Code.
c. Fourth Level of 1959 Survivor Benefits - in accordance with
Government Code Section 21574
d. Pre -Retirement Option 2W Death Benefit - in accordance with
Government Code Section 21548
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Section 12.03 PERS PAYMENT PICK-UP
1. The employees shall pay their required nine percent (9%)
contribution to PERS. In accordance with Resolution No. 4497 The
City shall pick-up this nine percent (9%) contribution, meaning
that while employees pay their own nine percent(9%) member
contribution, the City shall treat this contribution as an
employer contribution for purposes of employee federal and state
income tax withholding as authorized by Internal Revenue
Code (IRC) Section 414 (h) (2) .
2. The City's pick-up of the contribution shall be limited to the
percentages noted herein. Increases in the City's pick-up
percentage shall not occur without mutual agreement of the
parties.
3. Effective November 23, 2018, "classic" members, as defined by
the California Pension Reform Act of 2013 (AB340), shall make an
additional contribution to CalPERS of three percent (3%) of
compensation earnable simultaneously with the salary increase
identified in Section 2.01. (These employees shall pay an
amount equal to twelve (12) percent of compensation earnable as
the employee contribution to PERS). These deductions shall be
pre-tax and be pursuant to California Government Code section
20516(f) until such time as the City amends its contract with
CalPERS to make the deduction pursuant to California Government
Code section 20516(a).
ARTICLE 13 - UNIFORM AND SAFETY EQUIPMENT
Section 13.01 UNIFORM MAINTENANCE PROGRAM
1. Each newly hired employee within a represented classification
shall be provided at City cost, with three (3) complete
uniforms. A "complete" uniform shall be defined as including
required badges, patches, shirts, pants, boots, jackets, jacket
liner, belt, tie, tie clip, hat, hat piece, collar piece, name
tags and buckles. Further, the City shall at its own cost
replace items fitting within the aforesaid uniform description
where such items are rendered unserviceable through normal wear
and tear. If boots can be re -soled without negatively impacting
integrity of the boot, then replacement will not occur. The
determination of the Fire Chief as to uniform items being
replaced consistent with this section shall be final and binding
and shall not be subject to a grievance procedure or to judicial
review.
2. Effective November 28, 2015, a uniform allowance shall no longer
be provided to members of this bargaining unit.
Section 13.02 CAL OSHA/FED OSHA UNIFORM REQUIREMENTS
1. In the event that Cal OSHA, Federal OSHA or an equivalent body
changes the uniform requirements for unit employees, the City
shall provide or pay the cost of the newly mandated item(s) up
to 2 uniforms and 1 pair of shoes per employee.
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Section 13.03 DEPARTMENT UNIFORM OFFICER
1. The duties of the Department Uniform Officer may be assigned in
the Firefighters' bargaining unit. The assigned personnel will
manage the purchase, replacement and distribution of uniforms
and turnout gear.
ARTICLE 14 - BEREAVEMENT LEAVE
Section 14.01 GENERAL
1. A maximum of four (4) days (which shall be defined as two (2)
shifts or 48 hours) paid bereavement leave per incident of death
in the immediate family is provided separate and distinct from
sick or other leave benefits. "Immediate family" shall be
defined as spouse, child, mother, father, grandparents or
sibling of the employee or their spouse/significant other.
Section 14.02 USE OF OTHER LEAVES
1. No other emergency leave shall be provided, except as outlined
in Sections 8.02 and 9.10.
Section 14.03 DOCUMENTATION
1. Members who use bereavement leave or emergency leave shall be
required to write a fire department correspondence through
channels to the Fire Chief indicating the reason they requested
the leave. The Fire Chief shall sign the letter and include it
in the member's fire department personnel file.
ARTICLE 15 - COMPUTER LOAN PROGRAM
Section 15.01 GENERAL,
1. Contingent upon the City determining that sufficient funds exist
for said purpose, provision to each affected employee of a
maximum of $4000 cumulative interest free loan to purchase
personal computer hardware and software. The City's
determination in this regard is not subject to administrative or
judicial appeal. Loans shall be repaid through payroll
deductions over a three-year period. Outstanding loan balances
must be paid off at the time that an employee separates from
City service and the City shall be authorized to recover any
loan balance by making deductions from the employee's final
check.
2. City shall retain title, as security, to any equipment purchased
with funds from the above-described loans, until such time as
the loan is fully paid off. City is to be notified of any
exchange or updating of equipment.
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3. "After -the -fact" financing is allowed only with prior approval
of the Director of Finance or his/her designee.
Section 15.02 INITIAL LOAN
1. All participants to the loan program will be eligible for an
initial, interest free loan in the amount of $4,000 (four
thousand dollars). An employee with an outstanding balance on a
prior computer loan as of July 1, 1997, will have that amount
currently due from the previous loan subtracted from the amount
the employee can borrow interest free under this program.
Subsequent loans or amounts in excess of the above maximum
interest free loan, would be at an interest rate of 30. All
loans would include a 36 -month repayment term.
Section 15.03 ELIGIBLE PURCHASES
1. Eligible purchases shall be expanded to include ergonomic -
related furniture and equipment and anti-viral software shall be
required as a prerequisite in granting requested loans.
Section 15.04 ELIMINATION OF COMPUTER LOAN PROGRAM
Effective November 23, 2018, the Computer Loan Program shall be
eliminated for members of this Unit. The City shall honor the
computer loan request from the one Unit member who has submitted
such request prior to November 23, 2018, subject to the
guidelines of the program.
ARTICLE 16 - SAFETY COMMITTEE
Section 16.01 SELECTING MEMBERS
1. The Fire Department Safety Committee shall at a minimum consist
of one member from each suppression position: Battalion Chief,
Captain, Engineer, Firefighter/Paramedic, and Firefighter. Each
position shall select their volunteer representative. If there
are no volunteers, the Fire Chief may appoint a position
representative. Review of the representatives shall be made at
approximately 18 -month intervals, and/or at the request of the
committee at any time. In addition to being comprised of
suppression personnel, the Safety Committee shall also consist
of one member from the Fire Prevention Division and one member
from the Environmental Safety Division.
Section 16.02 PURPOSE
1. Using a proactive risk management approach, make recommendations
for abating unsafe conditions in order to prevent accidents and
improve safety in all department operations.
2. Review policies and procedures of the department as they pertain
to safety, and make recommendations for correction or change.
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3. Review equipment, uniforms, and protective gear to assure their
quality as related to safety considerations.
4. Review accidents related to equipment, apparatus, and
facilities, as well as make recommendations regarding any
corrective measures needed to limit future occurrences.
5. Issue department safety bulletins at the direction and approval
of the Fire Chief.
6. All recommendations will be forwarded to the Fire Chief. He
will take any final actions, ensuring compliance with local
policies or ordinances, and/or any state or federal regulations.
Section 16.03 MEETINGS
1. The committee shall meet at the discretion of their selected
chairperson.
ARTICLE 17 - TRAINING REIMBURSEMENT
Section 17.01 PARAMEDIC TRAINING REIMBURSEMENT
1. Employees who participate in the Paramedic Training Program will
be required to reimburse the City, for the cost associated with
training paramedics upon voluntary separation from City service.
The rate of reimbursement is as follows:
a. Voluntary separation during the Paramedic Training Program
- 1000 of the City's expended costs for training.
Reimbursement is not required if the City receives credit
back from the training program.
b. Voluntary separation during the first year following state
certification as a paramedic - 1000 of the City's expended
costs for training.
c. Voluntary separation during the second year following state
certification as a paramedic - 500 of the City's expended
costs for training.
d. Voluntary separation during the third year, and thereafter,
following state certification as a paramedic - no
reimbursement.
2. The City's costs will be limited to the following:
a. Primary Paramedic Training.
b. State Accreditation Fee.
c. L.A. County Accreditation Fee.
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Section 17.02 DEPARTMENT INSTRUCTOR TRAINING
1. Employees sent to training at City expense, for the purpose of
training and instructing members of the department in training
disciplines, shall commit to serve as a department instructor
for a minimum of two (2) years. Any member who chooses not to
honor this commitment will be required to reimburse the City for
costs associated with the training according to the following
schedule:
a. Voluntary separation during the training program - 1000 of
the City's expended costs for the training. Reimbursement
is not required if the City receives credit back from the
training program.
b. Voluntary separation from department instructor during the
first year following the training course(s) - 1000 of the
City's expended costs for the training.
c. Voluntary separation from department instructor during the
second year following the training course(s) - 500 of the
City's expended costs for the training.
d. Voluntary separation during the third year, and thereafter,
following the training course(s) - no reimbursement.
e. Members who voluntarily separate from the City will be
exempted from this provision, unless the member leaves
within the first six (6) months after completion of the
training.
2. To determine reimbursement costs, the City's cost will be
limited to the following:
a. Fees for the course(s).
b. Travel, per diem and lodging expense.
ARTICLE 18 - EDUCATIONAL REIMBURSEMENT
Effective November 23, 2018, members of this Unit shall no longer be
eligible for Educational Reimbursement under this Article. However,
since there is a re -opener on this subject during the term of this
Agreement, the parties have agreed to retain the language below for
historical reference only.
FOR HISTORICAL REFERENCE ONLY
Section 18.01 REIMBURSEMENT FOR COURSES
1. For unit employees hired after July 5, 1975, the City will pay
the employee $375 for each job related course (3 -unit semester
or 4 -unit quarter system) the employee completes at an
accredited college, university, or California State Fire Academy
accredited state or regional class taken during the employee's
non -work hours in which a minimum "C" grade or certificate is
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received in said course. The employee is required to obtain the
prior approval of the Fire Chief. The maximum an employee can
receive in any calendar year period is $2,000.
2. During the term of this agreement, the parties shall confer
regarding designation of those California State Fire Academy
courses which shall result in eligibility for reimbursement.
The designation of classes shall include, but need not be
limited to those classes that previously have been approved.
Once the initial designation list has been compiled, the Fire
Chief shall first confer with Union representatives and shall
then be authorized to add newly designated courses which the
Fire Chief considers appropriate.
Section 18.02 REIMBURSEMENT FOR TUITION AND BOOKS
1. An additional benefit will be offered to employees hired after
July 5, 1975. Those employees will have the option of receiving
reimbursement for tuition and books as outlined below. (The
employee may select only one reimbursement option during a
calendar year)
a. The employee must submit a memo to the Fire Chief detailing
courses and the time frame required to obtain job-related
Associate or Bachelor degree at an accredited college or
university.
b. The employee must receive approval (prior to enrollment)
from the Fire Chief to receive reimbursement for tuition
and books.
c. Tuition and book reimbursement is not to exceed $2,000 for
each affected employee per calendar year.
d. Reimbursement requires obtaining a grade of "C" or higher,
and submission of appropriate receipts to the Fire Chief
and the Director of Administrative Services.
e. The Fire Chief or his/her designee shall keep a log of
employees requesting and receiving educational
reimbursement.
f. Employees must maintain an overall satisfactory department
evaluation to remain eligible for educational
reimbursement.
g. Once approval has been obtained the employee must meet the
criteria outlined above to receive the reimbursement.
Section 18.03 CITY REIMBURSEMENT AGREEMENT
1. Employees who participate in the Educational Reimbursement
Program will be required to sign the following agreement:
a. Educational Reimbursement - "I certify that I successfully
completed the course(s), receiving at least a grade of "C"
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or better." (Attach copy of grade verification) "Further,
I agree to refund the City or have deducted from my final
paycheck any Educational Reimbursement funds received under
this program if I should leave the City's employ,
voluntarily or through termination, with cause, within one
year after completion of the course work for which I am to
receive reimbursement, in accordance with the following
schedule."
Section 18.04 CITY REIMBURSEMENT SCHEDULE
1. Below is the reimbursement schedule for the full months worked
between course completion and resignation dates and the
percentage of the total reimbursement to be refunded to the
City.
1 1000
7
500
2 100%
8
40%
3 90%
9
30%
4 80%
10
20%
5 70%
11
10%
6 60%
12
0%
ARTICLE 19 -TEMPORARY APPOINTMENTS
Section 19.01 GENERAL
1. Where an employee is qualified for and is required for an
appreciable period of time to serve temporarily in and have the
responsibility for work in a higher class or position, when
approved by the City Manager, such employee, while so assigned,
shall receive the entrance salary rate of that class or whatever
step thereof that is not less than five percent above his or her
present rate, whichever is higher. For the purpose of this
section, "appreciable period of time" is defined as ten
consecutive working days (eight working days if on Four/Ten
Plan) or longer.
Section 19.02 METHOD FOR FILLING VACANCIES
1. Rank for rank rehires shall be the standard method used for
filling vacancies with the exception of long term vacancies
expected to be longer than eight (8) weeks.
Section 19.03 GUIDELINES
1. Long-term vacancies (more than 8 weeks) may be filled with
provisional appointments made at the direction of the Fire
Chief. The following guidelines shall be used when considering
filling a vacancy by provisional appointment.
a. The Fire Department Personnel Officer (FDPO) shall obtain a
diagnosis in writing from the attending physician.
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b. The FDPO will refer to the Medical Disability Advisor, 2nd
Edition, by Presley Reed, M.D., to assist in determining
the duration of the employee's absence. This would be the
average of the minimum and maximum expected length of
disability in the category for very heavy work.
Section 19.04 PARAMETERS FOR CONFERRING
1. The FDPO will confer with the
a provisional appointment
appointments will normally be
statements is true:
Union to determine whether or not
should be made. Provisional
made when each of the following
a. An employee to be provisionally appointed is reasonably
available and has qualified for the position by competitive
examination.
b. The provisional appointment is needed to relieve an over
burden of staffing replacement hours.
c. The provisional appointment will not cause an over burden of
staffing replacement hours.
d. The provisional appointment does not fall 45 days prior to a
promotional examination in the same classification as the
provisional appointment.
e. The provisional appointment can be reasonably justified as an
operational necessity.
Section 19.05 DETERMINATION OF APPOINTMENT
1. The FDPO and the Union will reduce to writing a recommendation
to the Fire Chief as to whether or not a provisional appointment
should be made. The recommendation will be made within ten (10)
days of a known vacancy and include the agreed upon answers to
the statements listed above and/or the agreed upon differences
of opinion of the FDPO and the Union.
2. The Fire Chief will consider the recommendation and make the
final determination. If the recommendation is not made within
ten (10) days, the Fire Chief will make a decision based on the
information available at that time.
Section 19.06 INTENT OF POLICY
1. This policy shall not be abused or used outside the intent of
filling longer-term disability positions, except for dynamic
emergency situations that dictate rank for rank rehires.
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ARTICLE 20 - MAINTENANCE AND REPAIRS
Section 20.01 LIMITED MAINTENANCE AND REPAIR
Fire Department members shall perform limited maintenance and repair
such as outlined below:
1. CARPENTRY
a. Members will perform minor, unskilled carpentry
maintenance and repair. Such carpentry responsibilities
shall not include maintenance or repairs requiring
special skills, knowledge, or tools beyond household
handyman level.
2. PAINTING
a. Members will perform touch-up painting. Such touch-up
painting shall exclude painting of entire walls, rooms,
or structures.
The foregoing Limited Maintenance Agreement shall pertain to all fire
facilities:
Section 20.02 ADMINISTRATIVE OFFICES (FIRE STATION #1)
1. The City will maintain and clean the administrative office area
and greenhouse windows in Fire Station #1. For the purpose of
this provision, the administration office area is defined as the
lobby, secretarial area, Fire Chief's Office, Fire Prevention
Bureau offices, and Conference Room. Unit employees shall
continue to be responsible for the maintenance and cleaning of
all other areas in this facility and all areas of Fire Station
#2 as presently provided.
ARTICLE 21 - MATERNITY LEAVE
Section 21.01 EQUAL BENEFITS
1. Except as provided herein, a female employee disabled because of
pregnancy, childbirth, or a related medical condition shall have
the same benefits as are provided to other employees who are
temporarily disabled for (non -industrial) medical reasons.
Section 21.02 WORKING AND REPORTING
1. It is the employee's right to continue to work while she is
pregnant. Members who become pregnant and are physically capable
of performing their jobs may, at their discretion, remain in
active -duty positions, and are not required to report their
condition to the employer.
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Section 21.03 LIGHT DUTY
1. The City shall transfer a pregnant female employee to a less
strenuous or hazardous position for the duration of the
employee's pregnancy if she so requests, with the advice of her
physician or the employee's other licensed health-care provider,
where that transfer can be reasonably accommodated. The position
will have an equivalent rate of pay and benefits. However, the
City shall not be required to create additional employment that
the City would not otherwise have created, nor shall the City be
required to discharge any employee, transfer any employee with
more seniority, or promote any employee who is not qualified to
perform the job.
Section 21.04 LEAVE
1. A female employee disabled because of pregnancy, childbirth, or a
related medical condition shall be entitled to take up to four
months of leave of absence or the amount of accrued sick leave
and vacation (if such leave is used), whichever is greater, due
to such disability. The definition of `disabled because of
pregnancy" includes that provided in California Code of
Regulations Section 7291.2(g) and includes severe morning
sickness or the need for time off for prenatal care. The date on
which the leave should commence and the date on which the
employee shall resume duties, shall be determined by the employee
and her physician or the employee's other licensed heath -care
provider. Leave may be taken intermittently or on a reduced work
schedule when medically advisable, as determined by the
employee's physician or her other licensed health-care provider.
At the end of the employee's period(s) of pregnancy disability or
at the end of four months pregnancy disability leave, whichever
occurs first, a California Family Rights Act ("CFRA") eligible
employee may request to take CFRA leave of up to 12 workweeks for
the birth of her child, if the child has been born by that date.
There is no requirement that either the employee or child have a
serious health condition in order for the employee to take CFRA
leave. There is also no requirement that the employee no longer
be disabled by her pregnancy before taking CFRA leave for reason
of the birth of her child.
Section 21.05 NOTICE OF LEAVE
1. Any employee who plans to take pregnancy disability leave shall
give the City reasonable notice (generally at least 30 days) of
the date the leave will commence and the estimated duration of
any leave. If 30 days advance notice is impractical (e.g.,
medical emergency or unforeseen occurrence) the employee shall
inform the City of her need for pregnancy disability leave as
soon as practicable.
a. The City reserves the right to require written confirmation
from the employee's physician or the employee's other
licensed health-care practitioner that she is or will be
disabled by pregnancy, childbirth, or related medical
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conditions as a condition of granting pregnancy disability
leave.
b. The City reserves the right to require written verification
from the employee's physician or the employee's other
licensed health-care practitioner that her disability has
ceased before the employee returns to work.
Section 21.06 RETURNING TO WORK
1. When the employee is ready to return from pregnancy leave the
employee shall be entitled to return to her original position
unless either:
a. The job ceases to exist because of legitimate business
reasons unrelated to the employee's pregnancy disability
leave (e.g., layoff); or
b. Each means of preserving the job for the employee would
substantially undermine the City's ability to operate safely
and efficiently.
Section 21.07 COMPARABLE POSITION
1. If the employee cannot return to her original position because of
either of the foregoing reasons, she shall be entitled to a
comparable position unless either:
a. There is no comparable position available; or
b. For employees whose pregnancy disability does not qualify as
a Family Medical Leave Act ("FMLA") leave, a comparable
position is available, but filling the available position
with the returning employee would substantially undermine
the City's ability to operate safely and efficiently.
c. "Employment in a comparable position" means employment in a
position, which is virtually identical to the employee's
original position in terms of pay, benefits, and working
conditions, including privileges, prerequisites and status.
It must involve the same or substantially similar duties and
responsibilities, which must entail substantially equivalent
skill, effort, responsibility, and authority. It must be
performed at the same or geographically proximate worksite
from where the employee was previously employed. It
ordinarily means the same shift or the same or an equivalent
work schedule.
Section 21.08 RIGHTS
1. Nothing contained herein shall limit the rights of the employee
under the California Family Rights Act, the Federal Family and
Medical Leave Act or other statutory and/or case law.
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ARTICLE 22 -- POLICY AND PROCEDURE AGREEMENTS
Section 22.01 DISABILITY RETIREMENT APPEAL PROCEDURES
1. The parties have agreed upon a disability retirement appeal
procedure dated May 2010.
Section 22.02 INJURY ON DUTY PROCEDURES
1. The parties have agreed upon a injury on duty procedures dated
June 18, 2003
Section 22.03 MODIFIED DUTY PROCEDURES
1. This is a temporary light duty procedure, as part of occupational
injury and illness policy.
2. When an employee is assigned to light duty the employee shall be
assigned to a 40 -hour workweek schedule (9-80 schedule). The
attending physician will identify any work restrictions and
limitations. The fire administration will determine if an
appropriate temporary light duty assignment is available meeting
the restrictions detailed by the attending physician. Final
approval for temporary light duty assignments rests with the Fire
Chief. Temporary light duty assignments shall be for thirty (30)
days. The Fire Chief may grant extensions as needed or requested.
3. While on light duty the employee will wear the department -
approved uniform. Exceptions to the requirement to wear the
department -approved uniform may be granted by the Fire Chief
based on the nature of the injury and the work to be performed.
4. In order to return to full duty the employee must provide written
documentation per City Practices authorizing the return to
unrestricted duty.
5. An employee assigned to temporary light duty may make a request
to the Fire Chief for a modified 40 -hour workweek and/or work
location. The nature of available assignments and the needs of
the employee will be considered in the decision. The Fire Chief
will consider each request for a modified schedule/location on a
case-by-case basis.
Section 22.04 REHIRE POLICIES
1. City officials and Association representatives met and agreed to
Rehire/Staffing Policy and Procedures. That agreement is
reflected in a revised Rehire/Staffing Policy and Procedures
dated December 19, 2003. Either party may cause a reopening of
the meet and confer process regarding proposed changes to the
Rehire/Staffing Policy and Procedures incorporated herein. There
shall be no modification to the Rehire/Staffing Policy and
Procedures absent an agreement of the parties to do so.
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Section 22.05 RANK FOR RANK POLICY
1. The City agrees that when it rehires employees of the Fire
Department it will rehire in rank, in accordance with the
Rehire/Staffing Procedures, if there is available for rehire an
employee holding the same rank as the absent employee.
Section 22.06 DRUG-FREE WORKPLACE POLICY
1. The City of E1 Segundo Drug -Free Workplace Statement and
Substance Abuse Policy (dated July 1, 2008) is accepted by the
Union. During the term of this agreement the city shall assess
the need for revisions to the Drug -Free Workplace Statement and
meet and confer with the Association for any proposed
modifications to cause compliance with Lanier v. City of
Woodburn.
Section 22.07 LAYOFF AND RECALL POLICY
1. Definitions
a. Layoff - A reduction in the workforce, resulting in
temporary or permanent unemployment, of one or more
employees.
b. Bumping - Moving to a lower classification or special
assignment in which there is no vacancy and displacing an
employee who has less seniority in that classification or
special assignment as determined by appointment date to the
affected classification.
2. Grounds for Layoff
a. Whenever, in the judgment of the City Council, it becomes
necessary to reduce the workforce, an employee may be laid
off, reduced in classification or displaced (bumped) by
another employee. Such layoff, reduction or displacement
shall result from action of the City Manager or his/her
designee. The City Manager shall recommend to the City
Council each classification to be affected by any such
change. Employees of the Fire Department shall be laid off
in the following order:
1. Temporary, part-time and seasonal employees;
2. Probationary employees;
3. Employees who have finished their probationary period.
3. Notice to Employees
a. An Employee filling a full time position shall be given
fourteen (14) calendar days notice of layoff, seventeen (17)
calendar days if by certified mail, indicating the
circumstances, which made the layoff necessary. Employees
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21990006.1
reduced or displaced (bumped) shall be given five (5)
calendar days notice, eight (8) calendar days if by
certified mail, indicating the circumstances which made the
change necessary. In the event of an emergency, the City
Council may approve a reduction in the notice requirements,
if so recommended by the City Manager.
4. At -Will Emplovees
a. The City Manager retains the right to layoff or alter the
work assignment of the following employees at any time
without notice or right of appeal: Emergency Employees,
temporary or seasonal employees, part-time employees,
original probationary employees, promotional probationary
employees and employees designated at -will. The promotional
probationary employee shall revert to his/her previously
held classification and position without loss of seniority.
5. Benefit Payoff
a. In the event an employee is laid off, he/she shall receive
payment, at the employee's request, for any earned unused
sick leave (in accordance with the M.O.U.), prorated
vacation or holiday time as quickly as possible but not
later than fourteen (14) days after the layoff.
6. Procedures for Layoff
a. Permanent employees shall be laid off in order of seniority
in City service, that is the employee with the least City
service shall be laid off first, followed by the employee
with the second least seniority in City service, etc.
Seniority shall be determined by hire date.
7. Procedures for Reduction or Displacement
a. Employees shall be reduced or displaced (bumped) in order of
their seniority in the affected classification or special
assignment, that is the employee with the least seniority in
the classification or special assignment shall be reduced or
displaced (bumped) first, followed by the employee with the
second least seniority in rank, etc. Seniority shall be
determined by promotion or assignment date. Temporary
appointments or "Acting" assignment dates shall not be used
for the purpose of calculating seniority in rank. For the
purpose of this section Fire Paramedic shall be considered
below Fire Engineer and above Firefighter.
8. Bumping Rights
a. Employees shall have the right to bump down to a lower
classification or special assignment to which they were
previously assigned, provided that the employee has greater
seniority in that assignment, thus bumping an employee in
that classification or special assignment with the least
seniority to a lower classification or special assignment.
To bump down into a lower classification or special
assignment the employee must qualify for the position
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21990006.1
including any required certifications or licenses.
Employees properly laid off in the bargaining unit shall not
have bumping rights to any other City departments.
Employees laid off from other departments of the Employer
shall not have any bumping rights to positions within Fire
Department Suppression Division.
9. Breaking Ties
a. In cases where employees have the same date of hire (i.e.
equal seniority), seniority shall be granted to the employee
with the highest score on the examination in which the
employee participated and received the appointment. The
following criteria shall be used to determine seniority (in
case of a tie or the testing process is not applicable, the
next criteria shall be used).
1. Overall raw score.
2. Raw score of the oral interview.
3. Raw score of the Practical (Engineers)
4. Raw score of the written examination.
5. The earliest date and time of application.
10.Salary Placement
a. An employee who is assigned to a lower classification as a
result of a displacement (bump) shall be placed on the step
of the salary range of the new classification, which is the
closest to the compensation of the employee in the previous
classification, but in no case higher, and the employee will
be assigned a new salary anniversary date on the effective
date of the appointment. The employee shall, however,
retain seniority while his/her name remains on the
reemployment list or lists.
11. Reemployment List
a. The names of permanent employees who have been laid off
under this section (including employees who have bumped
down) shall be placed, in order of seniority from highest to
lowest, on a reemployment list for their classification or
any lower classification for which the employee is qualified
by education and/or experience. Persons on such lists shall
retain eligibility for appointment therefrom for a period of
three years from the date their names were placed on the
list. As a vacancy within a classification or lower related
classification becomes available, the name appearing at the
top of the list shall be offered the opportunity to fill the
vacancy. The name of an individual selected from the list
to fill the vacancy who refused the reemployment offer shall
be permanently removed from the reemployment list without
right of appeal. Laid -off employees do not earn seniority
credit or benefits while on the reemployment list.
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12. Letter of Lavoff
a. The City shall provide all employees who were laid off from
the City a service letter setting forth that the employee
was laid off and is eligible for reemployment. Those
employees who were displaced to lower positions will be
granted, upon the employee's request, a letter from the City
stating the employee was reduced in status as a result of a
layoff and is eligible for reemployment to the higher-level
position.
13. Rights of Reemployment
a. If a person is reemployed by the City within three (3)
years, the employee's seniority, sick leave and vacation
accrual rates shall be reinstated. Any accumulated sick
leave and/or vacation earnings shall also be reinstated to
the extent that the employee did not receive compensation
for such earnings at the time of layoff. Upon reemployment,
employees will be placed on the same salary step held at the
time of layoff.
14. Appeal
a. If the above procedures, except for Section B - Grounds for
Layoff and Section D - At -Will Employees, are misapplied and
adversely affect a laid -off or displaced employee, the
adversely affected employee may file an appeal, setting
forth what sections of this Section were violated, to the
City Manager.
Section 22.08 GRIEVANCE PROCEDURE
Effective October 1, 2011
1. Purpose
a. To promote improved employer-employee relations by
establishing procedures for the fair and orderly resolution
of disputes between the City and the Union and/or the City
and employees represented by the Union.
b. To provide that grievances shall be settled as near as
possible to the point of origin.
c. To provide that the grievance procedures shall be as
informal as possible.
2. Definition
a. A "Grievance" shall be defined as a controversy between the
City and the Union or an employee or employees covered by
this agreement. Such controversy must pertain to any of the
following:
1. Any matter involving the application of any provision
of this agreement; or
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21990006.1
2. Any matter involving the violation(s) of any provision
or intent of this agreement; or
3. Any matter that affects the working conditions of the
employee or the application of all rules, regulations,
policies and/or laws affecting the employees covered
by this agreement; or
Any protests of ratings or performance evaluations.
3. Evaluations
a. If an employee disagrees with their performance evaluation,
Steps 1 and 2 of the grievance procedure shall apply to
challenge the content of the employee's evaluation or
performance review. If the grievance is not resolved at
Step 2, the issue may be presented to the Director of
Administrative Services within five (5) business days after
termination of Step 2. A meeting with the employee, Union
representative and the Director of Administrative Services
will be arranged at a mutually agreeable location and time
to review and discuss the grievance. Such meeting will take
place within ten (10) business days from the date the
grievance is received by the Director of Administrative
Services. The Director of Administrative Services may
invite other members of management to be present at such
meeting. The Director of Administrative Services will give
a written reply by the end of the seventh (7th) business day
following the date of the meeting. The findings of the
Director of Administrative Services shall be final.
4. Discipline
a. An appeal of discipline is not subject to the grievance
procedure. An appeal of discipline is distinct from a
grievance in that it is an action taken by an employee to
request an administrative review of disciplinary action
initiated against him or her and is subject to the following
procedure, which shall supersede contrary provisions in
Ordinance 586,. Where necessary, the City shall propose
necessary modifications to bring the Ordinance into
compliance with Government Code § 3254.5 (FBOR.). Pursuant
to Government Code Section 3254.5, the administrative appeal
shall be conducted in procedural compliance with Section
11500 et. seq.
5. Procedure
a. There shall be an earnest effort on the part of both parties
to settle grievances promptly through the steps listed
below.
1. Step 1 - An employee's grievance must be submitted in
writing by the employee, fully stating the facts
surrounding the grievance and detailing the specific
provisions of this agreement alleged to have been
violated within fifteen (15) business days after the
21990006.1
employee could have been reasonably expected to have
had knowledge of the circumstance(s) giving rise to
the grievance. The supervisor or management
representative shall reply in writing to the employee
by the end of the fifteenth (15th) business day
following the presentation of the grievance and
giving of such answer will terminate Step 1.
2. Step 2 - If the grievance is not settled in Step 1,
the grievance will be presented to the Fire Chief
within ten (10) business days after termination of
Step 1. A meeting with the employee, Union
representative and Fire Chief will be arranged at a
mutually agreeable location and time to review and
discuss the grievance.
3. Such meeting will take place within ten (10) business
days from the date the grievance is received by the
Fire Chief. The Fire Chief may invite other members
of management to be present at such meeting. The
Fire Chief will give a written reply by the end of
the seventh (7th) business day following the date of
the meeting, and the giving of such reply will
terminate Step 2.
4- Step 3 - If the grievance is not settled in Step 2,
the grievance will be presented to the City Manager
within five (5) business days after termination of
Step 2. The Grievant(s) or Union Representative and
the City Manager shall, within seven (7) business
days after receipt of a grievance initiated at this
Step, arrange a meeting to be held at a mutually
agreeable location and time to review and discuss the
grievance. Such meeting will take place within ten
(10) business days from the date the grievance is
referred to Step 3. The City Manager will give a
written reply by the end of the seventh (7th)
business day following the date of the meeting, and
the giving of such reply will terminate Step 3. The
findings of the City Manager shall be final and
binding except as provided in Step 4 below.
5. Step 4 - In cases, and only in such cases, which
involve. the alleged violation of the Personnel
Ordinance, the Classification and Salary Resolution,
the Personnel Rules or a Memorandum of Understanding,
the employee may, by written notification to the
Director of Administrative Services within two (2)
working days, request submission of the issue to the
Los Angeles County Civil Service Commission, Public
Employee Relations Board (PERB), or Los Angeles
County Employee Relations Commission (ERCOM),
whichever may apply, stating specifically the
paragraphs of the Ordinance, Resolution, Rules or
Memorandum of Understanding which the Grievant(s)
alleges are being violated. The Director of
Administrative Services shall then submit said
request, together with copies of all the pertinent
39
21990006.1
forms, documents, and
Angeles County Civil
all such evidence an
the specific violation
6. Representation
materials concerned, to the Los
Service Commission, to review
d information as it relates to
alleged by the employee(s).
a. Employees may be represented by persons of their choice at
meetings with the Fire Chief, Director of Administrative
Services, City Manager or Los Angeles County Civil Service
Commission. When the grievance is processed with Union
participation, the Union agrees to pay half of the cost of
hearings conducted by the Los Angeles County Civil Service
Commission, to a maximum annual (fiscal year) amount of
three -thousand dollars ($3,000). In addition, Union shall
pay half the cost of any FBOR mandated Administrative Law
Judge. In such a case where a grievance is processed
without the Union's approval or participation, the
individual(s) shall not incur the same cost.
7. Witnesses
a. In the event an employee represented by the Union is
required by any party to appear at any meeting in any Step
in this Procedure while otherwise in a paid status, the
employee shall not suffer any loss of pay as a result of
that appearance.
8. Time Limits
a. Time limits and procedures, as set forth above for each of
the Steps, may be extended or waived by mutual agreement
between the parties, but neither party shall be required to
so agree. The parties agree that in the event the Union or
any member should fail to comply with any of the time
limitations set forth in this Procedure, such failure shall
constitute a waiver of its right to prosecute the grievance
further, unless good cause exists for the failure and the
City has suffered no prejudice as a result. In the event
the City or any of its representatives should fail to comply
with any of the time limits prescribed in this Procedure,
such failure shall compel the City to grant the remedy
requested in the grievance.
Section 22.09 SHIFT TRADE POLICY
1. During this negotiation process fire department officials and
Association representatives met and agreed to the
Rehire/Staffing Policy and Procedures that included shift
trades. That agreement is reflected in a revised Rehire/Staffing
Policy and Procedures dated November 11, 2003.
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21990006.1
Section 22.10 NO SMOKING POLICY
1. Except as specified below, unit employees shall not be permitted
to smoke and/or use tobacco products on duty in City facilities
at any time.
2. Any unit employees hired after July 1, 1987, shall, as a
condition of initial and continued employment, refrain from
smoking and/or using tobacco products at any time on or off
duty, except as specified below.
3. The City agrees to allow represented employees an occasional
off-duty celebratory cigar during his/her employment.
Section 22.11 MEDICAL EXAMINATION POLICY
1. Effective November 28, 2015, the City shall no longer provide
annual medical examinations to members of this bargaining unit.
Section 22.12 MILITARY LEAVE POLICY
1. City shall provide military leave in accordance with law.
Section 22.13 ELECTION DAY VOTING POLICY
1. Covered employees who are assigned to work on the day of any
Federal, State or Municipal elections, who desire to vote, shall
be obligated to cast absentee ballots whenever legally
available. The parties agree that this provision is not
intended to infringe upon any employee voting rights set forth
in Section 14000 et. seq. of the California Elections Code. If
any portion of this provision is found to violate Section 14000
et. seq., as part of a final adjudication by a court of
competent jurisdiction, then the parties agree to discuss
alternative voting arrangements for covered employees forthwith
which balances employee voting rights and the legitimate
scheduling needs of the Fire Department.
Section 22.14 JURY DUTY
1. Employees shall be entitled to a leave of absence for jury Duty,
subject to compliance with all of the following conditions:
a. The employee must provide written notice of the expected
Jury Duty to his or her supervisor as soon as possible, but
in no case later than 14 days before the beginning of Jury
Duty (defined as the date on which the employee is directed
by jury summons to either commence telephone contact with
the jury administrator and/or appear in court.)
b. During the first two weeks of Jury Duty, an employee shall
be entitled to receive his or her regular compensation.
c. For any portion of Jury Duty that extends beyond the first
two weeks, such extended Jury Duty period shall be without
41
21990006,1
pay unless, the employee presents written evidence that the
court estimated during voire dire that the trial would be of
two or less weeks duration, or in the alternative the
employee presents written evidence that he/she advised the
court that City compensation was limited to two weeks, that
the employee asked to be excused because of this hardship,
and the request was denied.
d. Any compensation for the first two weeks of Jury Duty,
except travel reimbursement pay, must be deposited with the
Director of Human Resources.
e. While on Jury Duty, the employee must report to work or use
vacation leave for the remainder of the employee's scheduled
duty days, when relieved of jury duty for the day and prior
to the end of the scheduled duty day.
f. The employee must provide documentation of his or her daily
attendance on Jury Duty.
Section 22.15 FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
1. Attached to this MOU as Exhibit I, is the discipline -related
policy and procedure which has been drafted in accord with the
requirements of Government Code § 3250 et. seq., the Firefighters
Procedural Bill of Rights Act.
ARTICLE 23 - UNION BUSINESS
Section 23.01 BULLETIN BOARDS
1. The Union shall be provided a bulletin board location at each
fire station for its posting of information concerning official
Union business and activities. All posting shall contain the
date of the posting and the identification of the document as a
Union sponsored publication. All postings shall be done by an
authorized Union representative. Management shall have a right
to remove and/or prevent the posting of materials that contain
personal attacks upon the qualifications, skills, credibility,
honesty or character of any City employee of any rank.
Section 23.02 UNION MEETINGS
1. The Union shall be limited to ten (10) meetings per year during
regular business hours. Additional meetings can be held after
hours or on weekends.
2. Meetings held during regular business hours shall begin at 0730
hours and end at 1130 hours with employees returning to work
details by 1145 hours, except that meetings may be longer with
approval of the Fire Chief or his designee.
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Section 23.03 CONDUCT OF UNION/ASSOCIATION BUSINESS
1. Effective July 1, 2000, each fiscal year representatives
designated by the Union shall be entitled to seven (7) twenty-
four (24) hour shifts of time with pay in order to attend related
conferences, seminars, workshops, meetings, etc. No more than
four (4) shifts, or the equivalent number of hours may be taken
by any one representative on any one occasion. Time used to
participate in the processing of grievances or during the formal
"Meet and Confer" process shall be in addition to, and shall not
count against, the time off with pay granted above. A maximum of
four (4) of these shifts not used during a calendar year may be
carried over into the next year, however, in no circumstance
shall the Union or its representatives be entitled to more than
eleven (11) shifts per fiscal year. Employees requesting to
utilize this paid leave shall secure approval from the President
of the Association and submit the request to the Fire Chief ten
(10) days in advance of the requested time off. Employees shall
not be penalized any hours for utilizing this time, for the
purpose of calculating FLSA compensation.
Section 23.04 VOLUNTARY DUES DEDUCTIONS
Uninn nuPs
1. The Union shall provide the City with a list certified by an
authorized Union representative identifying all voluntary dues paying
members from whose salary or wages the dues deduction is to be made
and shall promptly notify the City within 10 days of any change to the
certified list.
1. The City Finance Department shall deduct dues from the wages of
all members identified on the most recent certified list of dues
paying members received from the Union (taking into account any
subsequent modifications received from the Union).T\
The Union shall notify the
City if the amount of dues will change.
43
21990006.1
Records
1. On an annual basis, the
Director with a copy of
The City shall provide
dues paying status with
Union.
Indemnification
Union shall provide the Human Resources
the Union's certified financial report.
the Union a list of all unit members and
each union dues check remitted to the
1. The Union shall provide full protection to the City by
indemnifying, defending and holding the City harmless from and
against all claims and liabilities as a result of implementing
and maintaining this article.
ARTICLE 24 - HOLIDAYS
Section 24.01 ACCUMULATION
1. Employees who work shifts and are regularly required to work
holidays shall accumulate holiday pay at the rate of one hundred
forty-four hours per year in lieu of holidays. Employees who
are assigned to work shifts but are not working shifts because
they are assigned to work a light duty assignment or placed on
temporary total disability (IOD) shall continue to accumulate
one hundred and forty-four hours per year in lieu of holiday,
but shall use holiday pay based on the assigned light duty or
IOD work schedule. Employees who terminate employment shall be
paid holiday pay on a pro rata basis.
Section 24.02 ANNUAL PAYMENT
1. Holiday pay shall be reported to Ca1PERS as compensation in the
pay period in which the holiday falls. Employees shall be paid
the holiday pay at the employee's rate of pay. The City shall
have the option to issue eligible employees one check annually
inclusive for sick leave pay, and holiday pay in November, but
not later than on or about December 10.
Utilizing the eligibility criteria noted above, when an employee is
eligible to receive Holiday Pay (known as Holiday Credit), the payment
of Holiday Pay shall be at the regular rate of pay (Article 2.02)
which includes the employee's base salary plus all remuneration
required to be included in the regular rate of pay.
44
21990006.1
Section 24.03 PERS PICK-UP
Effective November 28, 2015, the City shall no longer pay any of the
members' PERS contribution on Holiday pay.
ARTICLE 25 - MISCELLANEOUS
Section 25.01 PROMOTIONAL EXAMINATION REQUIREMENTS
a.
25.01 Education and Experience General Statement
Formal Education and Certification is highly desirable for
promotion. In addition to formal education, possession of
State Fire Training Company Officer Certification can be
used to substitute one year of experience in preparation of
Fire Captain promotion and possession of State Fire
Training Chief Officer Certification can be used to
substitute one year of experience for Fire Battalion Chief
Fire Paramedic
Candidates for Fire Paramedic shall be required to have
successfully completed probation with the E1 Segundo Fire
Department.
Fire Engineer
Candidates for Fire Engineer shall be
(2) years of firefighting experience
Fire Department and possess a Class
endorsement from the El Segundo Fire
(4) years of firefighting experience
Fire Department (Class A, B, and Tiller
required prior to appointment).
Fire Captain
required to have two
with the E1 Segundo
A, B, and tiller
Department; or four
with the El Segundo
endorsement will be
Candidates for Fire Captain shall be required to have ten
(10) years of fire service experience with the El Segundo
Fire Department or five (5) years fire service experience
with an AA degree.
Fire Battalion Chief
Candidates for Battalion Chief shall be required to have
ten (10) years of experience with the E1 Segundo Fire
Department including three (3) as a Fire Captain or eight
(8) years experience with the El Segundo Fire Department,
including three (3) as a Fire Captain and BA degree.
If the promotional testing is declared to be open -
competitive, the requirements for outside candidates shall
be equivalent to the educational requirement and/or
equivalent to the time in rank in a full-time professional
fire department.
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21990006.1
Section 25.02 OPPORTUNITY TO REVIEW MATERIALS
1. No employee shall have any comment adverse to his/her interest
entered into the employee's personnel file, or any other file
used for any personnel purposes by the employer, without the
employee having first read and signed the instrument containing
the adverse comment indicating the employee is aware of such
comment, except that such entry may be made if after reading
such instrument the employee refused to sign it. The employee's
signature on the instrument indicates notice of the adverse
comment, but does not indicate agreement by the employee with
the comment. Should the employee refuse to sign, that shall be
noted on that document, and signed by a witness, not a party to
the issuance of the instrument. The employee may attach a
rebuttal to the instrument containing the adverse remark to be
included in the Human Resources or Fire Department personnel
file.
Section 25.03 TRAINING PUBLIC AND EMPLOYEES
1. As part of their duties, suppression personnel may be required to
instruct and participate in training for the public and other
City Personnel. Examples of such training and participation
include first aid, CPR, CERT, Confined Space Rescue Awareness,
breathing apparatus, fire extinguisher operation, and various
public education programs.
2. The determination as to whether to use on -duty personnel or off-
duty personnel to conduct such training is within the Fire
Administration's discretion to decide. If on -duty personnel are
used Administration will determine whether to hire back
additional personnel. The decision will be based on operational
reasons. When personnel are hired back from off duty to instruct
or participate in such training they will be paid at a rate
consistent with the MOU.
ARTICLE 26 - SCHEDULE
Section 26.01 SCHEDULE - SUPPRESSION EMPLOYEES
1. The work schedule shall be two (2) consecutive twenty-four (24)
hour shifts on duty followed by ninety-six (96) consecutive
hours off duty, based upon a 24 -day work cycle.
ARTICLE 27 - TERM
Section 27.01 TERM
The term of this MOU shall be October 1, 2018 through September
30, 2021. This Agreement shall remain in effect during any
negotiations and shall continue to remain in full force and
effect until such time as a new agreement is reached.
Article 28 - Limited Layoffs
Section 28.01 No layoffs
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21990006.1
Before instituting any layoffs the City will agree to meet and confer
in good faith with the Association to explore alternative cost saving
approaches. Additionally, as the result of the recent reorganization
of the Fire Paramedic position on Engine 32, no existing Fire
Paramedic shall be laid off or demoted as the result of such
reorganization.
ARTICLE 29 - SIGNATURES
Section 29.01 SIGNATURES
1. This Memorandum of Understanding, October 1, 2014 to September
30, 2017 including the cover, index, Exhibits I-IV and signature
pages, is made and entered into between the Union and the City
as amended November 18, 2015.
For the Union:
Andrew Powe
President
Geoffrey Gerny
Vice -President
Clayton Holt
Vice President
Daniel Engler,
Treasurer
Deena Lee,
Secretary
For the City:
Greg Carpenter
City Manager
Martha A. Dijkstra
Director of Human Resources
!1Wl
219900061
EXHIBIT I
SUPPLEMENTAL PROCEDURES FOR APPEALS BY FIREFIGHTERS
OF PUNITIVE ACTION
UNDER THE
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
The following appeals procedures are adopted pursuant to Government Code § 3254.5
of the Firefighters Procedural Bill of Rights Act and are intended to supplement Rule 14
and Rule 15 of the City of EI Segundo Personnel Rules and Section 2.28.070, entitled
"Hearing on Appeals" and Section 2.28.150, entitled "Employee Appeals" of Chapter
2.28, entitled "Personnel Merit System" of the City of EI Segundo Municipal Code.
1. DEFINITIONS
a. The term "firefighter" means an employee who is considered a
"firefighter" under Government Code § 3251(a) except for the Fire
Chief who is identified as such. The classifications of employees
who are firefighters include: firefighter, firefighter special assignment
paramedic, fire engineer, fire captain, and battalion chief.
b. The term "punitive action" means any action defined by Government
Code § 3251(c), i.e., "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment."
2. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
INVOLVING FIREFIGHTER DISMISSAL, DEMOTION- OR SUSPENSION
FOR MORE THAN FIVE WORKDAYS
These procedures shall supplement Sections 2.28.070 and 2.28.150 of Chapter
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219900061
2.28 of the City of EI Segundo Municipal Code and Rules 14 and 15 of the City of EI
Segundo Personnel Rules.
A firefighter who is suspended for more than five (5) workdays, but not for a
period in excess of thirty-one (31) workdays, shall be entitled to an appeal hearing
before the City of EI Segundo City Council ("City Council"), which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.
A firefighter who is suspended more than thirty-one (31) workdays; demoted; or
dismissed from employment shall be entitled to an appeal hearing before the Los
Angeles County Civil Service Commission ("Commission") which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code. 1
a. Notice of Discipline as Accusation — The final notice of discipline which may
be issued at the conclusion of any pre -disciplinary procedures shall serve
as the Accusation as described in Government Code § 11500, et seq.
Pursuant to Government Code § 3254, subsection (f), a dismissal,
demotion or suspension for more than five workdays shall not be
effective sooner than 48 hours of issuance of the final notice of
discipline.
ii. The notice shall be prepared and served in conformity with the
requirements of Government Code §§ 11500, et seq. The notice shall
include a post card or other form entitled "Notice of Defense" which,
when signed, will acknowledge service of the accusation and constitute
notice of defense under Government Code § 11506.
iii. The accusation shall include or be accompanied by a statement to the
respondent (firefighter) stating that the respondent may request a
1 The Los Angeles County Civil Service Commission and the El
Segundo City Council shall be referred to collectively in these
rules as "Commission/ City Council" inasmuch as the same
procedures apply to each. Which body conducts the hearing will
depend upon the punitive action being appealed.
M
219900061
hearing by filing a notice of defense as provided in Government Code §
11506 within 15 days after service of the accusation, and that failure to
do so will constitute a waiver of respondent's right to a hearing. The
statement to respondent should be prepared in conformity with the
requirements of Government Code § 11505.
iv. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code shall be
provided to the firefighter with the notice of discipline.
b. Request for Appeal Hearing - A firefighter seeking to appeal to the
Commission/ City Council must file a timely Notice of Defense within 15
days after service of the accusation, in compliance with Government Code
§ 11506. Failure to file a timely Notice of Defense shall constitute a waiver
of the respondent's right to a hearing, unless the City Manager (or
designee) in his or her discretion nevertheless grants a hearing.
c. Administrative Law Judge- Pursuant to Government Code § 11512, the City
has determined that appeals shall continue to be heard by the Commission
(or its designee)/ City Council with the administrative law judge presiding at
the hearing, pursuant to California Government Code section 11512(b).
The administrative law judge shall rule on the admission and exclusion of
evidence and advise the Commission/ City Council on matters of law. The
Commission/ City Council shall exercise all other powers relating to the
conduct of the hearing.
d. Time and Place of Hearing - Pursuant to Government Code § 11508,
unless otherwise decided by the Commission/ City Council, a hearing shall
be conducted at the City of EI Segundo City Hall at a time to be determined
by the Commission/ City Council.
e. Notice of the Hearing — Notice of the hearing shall be provided to the
parties at least 10 days prior to the date of the hearing and in a form
consistent with Government Code § 11509.
f. The burdens of proof and production of evidence shall be borne by the
employer. The standard of proof shall be by a preponderance of the
67111
21990006.1
evidence.
g. The Commission/ City Council shall issue its decision pursuant to City of EI
Segundo Municipal Code Section 2.28.070. The decision of the Los
Angeles County Civil Service Commission, or the City Council, as the case
may be, shall be in writing. Copies of the decision shall be delivered to the
parties personally or sent to them by registered mail and accompanied by a
proof of service.
h. The decision of the Los Angeles County Civil Service Commission, or the
City Council, as the case may be, is final. The decisions and findings of the
Los Angeles County Civil Service Commission, or the City Council, as the
case may be, shall be subject to review of courts only, pursuant to
Government Code § 11523.
3. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
NOT INVOLVING FIREFIGHTER DISMISSAL, DEMOTION, OR
SUSPENSION FOR MORE THAN FIVE WORKDAYS
Appeals from punitive actions other than suspensions for more than five
workdays, demotion, or dismissal, shall be conducted in accordance with the
appropriate procedures set forth in Rule 14 of the City of EI Segundo Personnel Rules.
The Los Angeles County Civil Service Commission shall have no jurisdiction over an
appeal under this section. Nothing herein shall be interpreted to establish a property
interest in any assignment.
In addition, pursuant to Government Code §§ 11425.10 and 11445.20, the
following informal hearing procedure shall be utilized for an appeal by a firefighter of a
punitive action not involving a dismissal, demotion, or suspension for more than five
workdays. Examples of punitive actions subject to the informal hearing procedure,
include, but are not limited to, written reprimands and non -disciplinary transfers
resulting in a loss of compensation (e.g., non -disciplinary transfer out of a premium pay
assignment). The appeal is an opportunity for the firefighter to present written material
and arguments why a punitive action should not occur or offer alternatives to the action.
a. Effective Date of Punitive Action — Pursuant to Government Code §
3254, subsection (f), punitive action other than a dismissal, demotion or
51
21990006.1
suspension for more than five workdays shall not be effective sooner
than 48 hours of issuance of the final notice of discipline.
b. Notice of Appeal — Within five (5) work days of receipt by a firefighter of
notification of punitive action as set forth above in paragraph (1)(b), the
firefighter shall notify the Fire Chief in writing of the firefighter's intent to
appeal the punitive action. The notice of appeal shall specify the action
being appealed and any substantive and procedural grounds for the
appeal.
c. Presiding Officer — In an informal hearing, the Fire Chief or his/her
designee shall be the Presiding Officer. If the Fire Chief cannot serve
as the Presiding Officer because of actual bias, prejudice or interest as
defined by Government Code § 11425.40, then the City Manager or
designee shall serve as the Presiding Officer. The Presiding Officer, or
his or her designee, shall conduct the informal hearing in accordance
with these procedures. The decision of the Presiding Officer shall be
final and binding.
d. Burden of Proof- The Fire Department ("Department") shall bear the
burden of proof at the hearing.
If the punitive action involves charges of misconduct (i.e.,
allegations that the firefighter has violated one or more federal,
state, or local laws, and/or City or Fire Department regulations,
procedures, or policies), the Department shall have the burden of
proving by a preponderance of the evidence the facts which form
the basis for the charge(s) and that the punitive action was
reasonable under the circumstances.
ii. If the action being appealed does not involve allegations of
misconduct by the firefighter, the limited purpose of the hearing
shall be to provide the firefighter the opportunity to establish a
record of the circumstances surrounding the action. The
Department's burden of proof shall be satisfied if the Department
establishes by a preponderance of the evidence that the action was
reasonable. The Department's burden of proof may be satisfied
52
21990006.1
even though reasonable persons may disagree about the
appropriateness of the action.
e. Conduct of Hearing -
i. The formal rules of evidence do not apply, although the Presiding
Officer shall have discretion to exclude evidence which is
incompetent, irrelevant or cumulative, or the presentation of which
will otherwise consume undue time.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
aa. Witnesses shall testify under oath.
bb. Subpoenas may be issued pursuant to Government Code §§
11450.05 - 11450.50.
cc. If the punitive action being appealed is a written reprimand
and/or does not involve a loss of compensation, the parties
shall not be entitled to confront and cross-examine witnesses.
iv. Following the presentation of evidence, if any, the parties may
submit oral and/or written closing arguments for consideration by
the Presiding Officer.
f. Recording of the Hearing- If the punitive action involves the loss of
compensation, then the hearing shall be stenographically recorded by a
certified court reporter. Otherwise, the hearing may be tape recorded.
The per diem cost of the court reporter shall be equally borne by the
parties. The cost to receive a transcript of the hearing shall be borne
by the party requesting the transcript.
g. Representation- The firefighter may be represented by an association
representative or attorney of his or her choice at all stages of the
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21990006.1
proceedings. All costs associated with such representation shall be
borne by the firefighter.
h. Decision- The decision shall be in writing pursuant to Government
Code § 11425.50. The decision shall be served by first class mail,
postage pre -paid, upon the firefighter as well as his/her attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing.
i_ Judicial Review in Limited Circumstances - Where the cross-
examination of witnesses was allowed during the informal hearing,
either party may seek judicial review of the decision pursuant to Code
of Civil Procedure § 1094.6. Where the cross-examination of witnesses
was not allowed, neither party may seek judicial review of the decision;
the Presiding Officer's decision is final and binding, without further
appeal or review.
M
RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF EL
SEGUNDO, CALIFORNIA AND THE EL SEGUNDO
FIREFIGHTERS' ASSOCIATION BARGAINING UNIT
The City Council of the City of El Segundo does hereby resolve as follows:
Section 1: Discussions 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 between the City of El Segundo and this Bargaining Unit. A copy of the
Memorandum of Understanding is attached as Exhibit "A".
Section 3: 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 minutes of this meeting.
Section 4: This Resolution will become effective immediately upon adoption and
PASSED AND ADOPTED this day o f
2018.
Drew Boyles,
Mayor
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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.
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 21 st day of November, 2018, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this Zest day of
November,2018.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
RESOLUTION NO.
A RESOLUTION FIXING THE EMPLOYER'S
CONTRIBUTION UNDER THE PUBLIC EMPLOYEES'
MEDICAL AND HOSPITAL CARE ACT FOR THE
EL SEGUNDO FIREFIGHTERS' ASSOCIATION.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds as follows:
A. Government Code § 22892(a) provides that a local agency contracting under the Public Employees'
Medical and Hospital Care Act shall fix the amount of the employer's contribution at an amount
not less than the amount required under Section 22892 (b)(1) of the Act, and
B. The City of El Segundo, hereinafter referred to as Public Agency is local agency contracting under
the Act for participation by members of the El Segundo Firefighters' Association.
SECTION 2: The Employer's contribution for each employee or annuitant shall be the amount necessary
to pay the full cost of his/her enrollment, including the enrollment of his/her family members, in a health
benefits plan up to a maximum of $1,500 per month, plus administrative fees and Contingency Reserve
Fund Assessments for the medical insurance coverage period of January 1, 2019 through December 31,
2019.
SECTION 3: The Employer's contribution for each employee or annuitant shall be the amount necessary
to pay the full cost of his/her enrollment, including the enrollment of his/her family members, in a health
benefits plan up to a maximum of $1,575 per month, plus administrative fees and Contingency Reserve
Fund Assessments for the medical insurance coverage period of January 1, 2020 through December 31,
2020.
SECTION 4: The Employer's contribution for each employee or annuitant shall be the amount necessary
to pay the full cost of his/her enrollment, including the enrollment of his/her family members, in a health
benefits plan up to a maximum of $1,650 per month, plus administrative fees and Contingency Reserve
Fund Assessments for the medical insurance coverage period of January 1, 2021 through December 31,
2021.
SECTION 5: The City of El Segundo has fully complied with any and all applicable provisions of
Government Code Section 7507 in electing the benefits set forth above.
SECTION 6: The City Clerk is directed to certify the Passage and Adoption of this Resolution; enter
same in the Book of Original Resolutions; and make a Minute of its adoption in the City's records and in
the Minutes of the meeting when it was adopted.
SECTION 7: Under Government Code § 22892, this Resolution will become effective January 1, 2018
and will remain effective unless repealed or superseded.
PASSED, APPROVED AND ADOPTED this 21st day of November, 2018.
Drew Boyles
Mayor
1.
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
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.
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 November, 2018, and the
same was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
NOT PARTICIPATING:
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 21' day of
November,2018.
2.
Tracy Weaver, City Clerk
of the City of El Segundo,
California
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
IIn
Mark D Hensley
City Attorney
219900061
EXHIBIT I
SUPPLEMENTAL PROCEDURES FOR APPEALS BY FIREFIGHTERS
OF PUNITIVE ACTION
UNDER THE
FIREFIGHTERS PROCEDURAL BILL OF RIGHTS ACT
The following appeals procedures are adopted pursuant to Government Code § 3254.5
of the Firefighters Procedural Bill of Rights Act and are intended to supplement Rule 14
and Rule 15 of the City of EI Segundo Personnel Rules and Section 2.28.070, entitled
"Hearing on Appeals" and Section 2.28.150, entitled "Employee Appeals" of Chapter
2.28, entitled "Personnel Merit System" of the City of EI Segundo Municipal Code.
1. DEFINITIONS
a. The term "firefighter" means an employee who is considered a
"firefighter" under Government Code § 3251(a) except for the Fire
Chief who is identified as such. The classifications of employees
who are firefighters include: firefighter, firefighter special assignment
paramedic, fire engineer, fire captain, and battalion chief.
b. The term "punitive action" means any action defined by Government
Code § 3251(c), i.e., "any action that may lead to dismissal,
demotion, suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment."
2. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
INVOLVING FIREFIGHTER DISMISSAL. DEMOTION, OR SUSPENSION
FOR MORE THAN FIVE WORKDAYS
These procedures shall supplement Sections 2.28.070 and 2.28.150 of Chapter
WN
L1V9000b.l
2.28 of the City of EI Segundo Municipal Code and Rules 14 and 15 of the City of EI
Segundo Personnel Rules.
A firefighter who is suspended for more than five (5) workdays, but not for a
period in excess of thirty-one (31) workdays, shall be entitled to an appeal hearing
before the City of EI Segundo City Council ("City Council'), which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code.
A firefighter who is suspended more than thirty-one (31) workdays; demoted; or
dismissed from employment shall be entitled to an appeal hearing before the Los
Angeles County Civil Service Commission ("Commission") which hearing shall be
conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code. 1
a. Notice of Discipline as Accusation — The final notice of discipline which may
be issued at the conclusion of any pre -disciplinary procedures shall serve
as the Accusation as described in Government Code § 11500, et seq.
Pursuant to Government Code § 3254, subsection (f), a dismissal,
demotion or suspension for more than five workdays shall not be
effective sooner than 48 hours of issuance of the final notice of
discipline.
ii. The notice shall be prepared and served in conformity with the
requirements of Government Code §§ 11500, et seq. The notice shall
include a post card or other form entitled "Notice of Defense" which,
when signed, will acknowledge service of the accusation and constitute
notice of defense under Government Code § 11506.
iii. The accusation shall include or be accompanied by a statement to the
respondent (firefighter) stating that the respondent may request a
1 The Los Angeles County Civil Service Commission and the El
Segundo City Council shall be referred to collectively in these
rules as "Commission/ City Council" inasmuch as the same
procedures apply to each. Which body conducts the hearing will
depend upon the punitive action being appealed.
49
LIJJUVUV l
hearing by filing a notice of defense as provided in Government Code §
11506 within 15 days after service of the accusation, and that failure to
do so will constitute a waiver of respondent's right to a hearing. The
statement to respondent should be prepared in conformity with the
requirements of Government Code § 11505.
iv. A copy of Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the California Government Code shall be
provided to the firefighter with the notice of discipline.
b. Request for Appeal Hearing - A firefighter seeking to appeal to the
Commission/ City Council must file a timely Notice of Defense within 15
days after service of the accusation, in compliance with Government Code
§ 11506. Failure to file a timely Notice of Defense shall constitute a waiver
of the respondent's right to a hearing, unless the City Manager (or
designee) in his or her discretion nevertheless grants a hearing.
c. Administrative Law Judge- Pursuant to Government Code § 11512, the City
has determined that appeals shall continue to be heard by the Commission
(or its designee)/ City Council with the administrative law judge presiding at
the hearing, pursuant to California Government Code section 11512(b).
The administrative law judge shall rule on the admission and exclusion of
evidence and advise the Commission/ City Council on matters of law. The
Commission/ City Council shall exercise all other powers relating to the
conduct of the hearing.
d. Time and Place of Hearing - Pursuant to Government Code § 11508,
unless otherwise decided by the Commission/ City Council, a hearing shall
be conducted at the City of EI Segundo City Hall at a time to be determined
by the Commission/ City Council.
e. Notice of the Hearing — Notice of the hearing shall be provided to the
parties at least 10 days prior to the date of the hearing and in a form
consistent with Government Code § 11509.
f. The burdens of proof and production of evidence shall be borne by the
employer. The standard of proof shall be by a preponderance of the
50
L 177V VUO. 1
evidence.
g. The Commission/ City Council shall issue its decision pursuant to City of EI
Segundo Municipal Code Section 2.28.070. The decision of the Los
Angeles County Civil Service Commission, or the City Council, as the case
may be, shall be in writing. Copies of the decision shall be delivered to the
parties personally or sent to them by registered mail and accompanied by a
proof of service.
h. The decision of the Los Angeles County Civil Service Commission, or the
City Council, as the case may be, is final. The decisions and findings of the
Los Angeles County Civil Service Commission, or the City Council, as the
case may be, shall be subject to review of courts only, pursuant to
Government Code § 11523.
3. SUPPLEMENTAL APPEALS PROCEDURES FOR PUNITIVE ACTIONS
NOT INVOLVING FIREFIGHTER DISMISSAL, DEMOTION, OR
SUSPENSION FOR MORE THAN FIVE WORKDAYS
Appeals from punitive actions other than suspensions for more than five
workdays, demotion, or dismissal, shall be conducted in accordance with the
appropriate procedures set forth in Rule 14 of the City of EI Segundo Personnel Rules.
The Los Angeles County Civil Service Commission shall have no jurisdiction over an
appeal under this section. Nothing herein shall be interpreted to establish a property
interest in any assignment.
In addition, pursuant to Government Code §§ 11425.10 and 11445.20, the
following informal hearing procedure shall be utilized for an appeal by a firefighter of a
punitive action not involving a dismissal, demotion, or suspension for more than five
workdays. Examples of punitive actions subject to the informal hearing procedure,
include, but are not limited to, written reprimands and non -disciplinary transfers
resulting in a loss of compensation (e.g., non -disciplinary transfer out of a premium pay
assignment). The appeal is an opportunity for the firefighter to present written material
and arguments why a punitive action should not occur or offer alternatives to the action.
a. Effective Date of Punitive Action — Pursuant to Government Code §
3254, subsection (f), punitive action other than a dismissal, demotion or
51
suspension for more than five workdays shall not be effective sooner
than 48 hours of issuance of the final notice of discipline.
b. Notice of Appeal — Within five (5) work days of receipt by a firefighter of
notification of punitive action as set forth above in paragraph (1)(b), the
firefighter shall notify the Fire Chief in writing of the firefighter's intent to
appeal the punitive action. The notice of appeal shall specify the action
being appealed and any substantive and procedural grounds for the
appeal.
c. Presiding Officer— In an informal hearing, the Fire Chief or his/her
designee shall be the Presiding Officer. If the Fire Chief cannot serve
as the Presiding Officer because of actual bias, prejudice or interest as
defined by Government Code § 11425.40, then the City Manager or
designee shall serve as the Presiding Officer. The Presiding Officer, or
his or her designee, shall conduct the informal hearing in accordance
with these procedures. The decision of the Presiding Officer shall be
final and binding.
d. Burden of Proof- The Fire Department ("Department") shall bear the
burden of proof at the hearing.
If the punitive action involves charges of misconduct (i.e.,
allegations that the firefighter has violated one or more federal,
state, or local laws, and/or City or Fire Department regulations,
procedures, or policies), the Department shall have the burden of
proving by a preponderance of the evidence the facts which form
the basis for the charge(s) and that the punitive action was
reasonable under the circumstances.
ii. If the action being appealed does not involve allegations of
misconduct by the firefighter, the limited purpose of the hearing
shall be to provide the firefighter the opportunity to establish a
record of the circumstances surrounding the action. The
Department's burden of proof shall be satisfied if the Department
establishes by a preponderance of the evidence that the action was
reasonable. The Department's burden of proof may be satisfied
G I "LAM0 1
even though reasonable persons may disagree about the
appropriateness of the action.
e. Conduct of Hearing -
The formal rules of evidence do not apply, although the Presiding
Officer shall have discretion to exclude evidence which is
incompetent, irrelevant or cumulative, or the presentation of which
will otherwise consume undue time.
ii. The parties may present opening statements.
iii. The parties may present evidence through documents and
testimony.
aa. Witnesses shall testify under oath.
bb. Subpoenas may be issued pursuant to Government Code §§
11450.05 - 11450.50.
cc. If the punitive action being appealed is a written reprimand
and/or does not involve a loss of compensation, the parties
shall not be entitled to confront and cross-examine witnesses.
iv. Following the presentation of evidence, if any, the parties may
submit oral and/or written closing arguments for consideration by
the Presiding Officer.
f. Recording of the Hearing- If the punitive action involves the loss of
compensation, then the hearing shall be stenographically recorded by a
certified court reporter. Otherwise, the hearing may be tape recorded.
The per diem cost of the court reporter shall be equally borne by the
parties. The cost to receive a transcript of the hearing shall be borne
by the party requesting the transcript.
g. Representation- The firefighter may be represented by an association
representative or attorney of his or her choice at all stages of the
53
21 YYUUUb.I
proceedings. All costs associated with such representation shall be
borne by the firefighter.
h. Decision- The decision shall be in writing pursuant to Government
Code § 11425.50. The decision shall be served by first class mail,
postage pre -paid, upon the firefighter as well as his/her attorney or
representative, shall be accompanied by an affidavit or certificate of
mailing.
Judicial Review in Limited Circumstances - Where the cross-
examination of witnesses was allowed during the informal hearing,
either party may seek judicial review of the decision pursuant to Code
of Civil Procedure § 1094.6. Where the cross-examination of witnesses
was not allowed, neither party may seek judicial review of the decision;
the Presiding Officer's decision is final and binding, without further
appeal or review.
54
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Exhibit III - Educational incentive
Effective 11/24/2018
* Represented employees hired before 11/28/15 shall have the
opportunity to achieve PERSable educational incentive highlighted in
blue until the end of this contract (09/30/21) (Tier 1)
** Represented employees hired after 11/28/15 shall receive non-PERSable
educational bonus pay highlighted in yellow (Tier II)
Hired on/after 11/28/15
(Tier II - NonPERSable)
Hired before 11/28/15 (Tier 1)
FIRE
BA
MA
AA
BA
RANGE
POSITION
UNITS
483
FIREFIGHTER
$ 500.00
$ 900.00
$ 182.89
$ 548.66
$ 792.51
Hired on/after 11/28/15
(Tier II - NonPERSable)
Hired before 11/28/15 (Tier I)
FIRE
BA
MA
AA
BA
RANGE
POSITION
UNITS
497
FIRE PARAMEDIC
$ 500.00
$ 900.00
$ 211.36
$ 634.08
$ 915.89
Hired on/after 11/28/15
(Tier II - NonPERSable)
Hired before 11/28/15 (Tier 1)
FIRE
BA
MA
AA
BA
RANGE
POSITION
UNITS
497
FIRE ENGINEER
$ 500.00
$ 900.00
$ 211.36
$ 634.08
$ 915.89
Hired on/after 11/28/15
(Tier II - NonPERSable)
Hired before 11/28/15 (Tier 1)
FIRE
BA
MA
AA
BA
RANGE
POSITION
UNITS
510
FIRE CAPTAIN
$ 500.00
$ 700.00
$ 244.39
$ 733.17
$1,059.02
Exhibit IV - Longevity
Effective 11/24/2018
* Longevity 19.5 yrs amneded to 19 years for members hired before 11/28/15
Hired on/after 11/28/15
Hired before 11/28/15
RANGE
POSITION
Longevity
6 yrs
Longevity
13 yrs
Longevity
20 yrs
Longevity
6.5 yrs
Longevity
13 yrs
Longevity
19 yrs
Longevity
26 yrs
483
FIREFIGHTER
$ 500.00
$ 700.00
$ 900.00
$ 426.73
$ 1,036.35
$ 1,645.97
$ 2,377.52
Hired on/after 11/28/15
Hired before 11/28/15
RANGE
POSITION
Longevity
6 yrs
Longevity Longevity
13 yrs 20 yrs
Longevity
6.5 yrs
Longevity
13 yrs
Longevity
19 yrs
Longevity
26 yrs
497
FIRE PARAMEDIC
$ 500.00
$ 700.00 $ 900.00
$ 493.17
$ 1,197.70
$ 1,902.24
$ 2,747.67
Hired on/after 11/28/15
1 Hired before 11/28/15
RANGE
POSITION
Longevity
6 yrs
Longevity
13 yrs
Longevity
20 yrs
Longevity
6.5 yrs
Longevity
13 yrs
Longevity
19 yrs
Longevity
26 yrs
497
FIRE ENGINEER
$ 500.00
$ 700.00
$ 900.00
$ 493.17
$ 1,197.70
$ 1,902.24
$ 2,747.67
Hired on/after 11/28/15
Hired before 11/28/15
RANGE
POSITION
Longevity
6 yrs
Longevity
13 yrs
Longevity
20 yrs
Longevity
6.5 yrs
Longevity
13 yrs
Longevity
19 yrs
Longevity
26 yrs
510
FIRE CAPTAIN
$ 500.00
$ 700.00
$ 900.00
$ 570.24
$ 1,384.87
$ 2,199.50
$ 3,177.06
Exhibit V - PM level 1
Effective 11/24/2018 for all
represented employees in unit
RANGE
POSITION
PM LEV 1
483
FIREFIGHTER
$ 640.10
RANGE
POSITION
PM LEV 1
497
FIRE PARAMEDIC
NA
RANGE
POSITION
PM LEV 1
497
FIRE ENGINEER
$ 739.76
RANGE
POSITION
PM LEV 1
510
FIRE CAPTAIN
$ 855.36
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
W
REGIS
3023438 - 3023512
DATE OF APPROVAL: AS OF 11120!18
9000614 - 9000614
001 GENERAL FUND 282,369.51
104 TRAFFIC SAFETY FUND
105 STATE GAS TAX FUND 2,588.66
108 ASSOCIATED RECREATION AC71VITIES FUND
109 ASSET FORFEITURE FUND 1,471,00
111 COrAM- DEVEL. BLOCK GRANT -
112 PROP"A'TRAN5PORTATION 37.18
114 PROP "C' TRANSPORTATION -
115 AIR QUALITY INVESTMENT PROGRAM
lie HOME SOUND INSTALLATION FUND -
117 HYPERION MITIGATION FUND 55,59
118 TDA ARTICLE 3 - SB 821 BIKEWAY FUND -
119 MTA GRANT
12T FEMA -
120 C.O.P.S. FUND -
122 L A.W.A. FUND -
123 PSAF PROPERTY TAX PUBLIC SAFETY
202 ASSESSMENT DISTRICT #73 -
301 CAPITAL IMPROVEME14T FUND
302 INFRASTRUCTURE REPLACEMENT FUND -
405 FACILITIES MAINTENANCE -
501 WATER UTILITY FUND 13,441.96
502 WASTEWATER FUND 30,6TO.10
503 GOLF COURSE FUND -
601 EQUIPMENT REPLACEMENT
602 LIABILITY INSURANCE 203.80
603 WORKERS COMP. RESERVEeNSUP,ANCE 93.97
701 RETIRED 94P. INSURANCE -
702 EXPENDABLE TRUST FUND- DEVELOPER FEES 1,963-34
703 EXPENDABLE TRUST FUND - OTHER -
708 OUTSIDE SERVICES TRUST
j
J
TOTAL WARRANTS
S 333,049 8B
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finance's office in the
City of EI Segundo.
I certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular checks held for City council authorization to release.
CODES:
VOID CHECKS DUE TO ALIGNMENT:
NIA
R= Computer generated checks for ail non-emergency/urgency payments for materials, supplies and
services in support of City Operations
VOID CHECKS DUE TO INCORRECT CHECK DATE:
For Ratification:
A= Payroll and Employee Benefit checks
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
!Y ,/
B - F = Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense
NOTES
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or late payment penalties
can be avoided or when a situation arises that the City Manager approves.
H= Handwritten Eor Roleasa isbur" Ills andlor adjustments approved by the City Manager
FINANCE DIRECTOR �.CITY MANAGERY+,�
DATE: r3 1 r t y— DATE:
W
REGIS
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/22/18 THROUGH 10/28/18
Date
Payee
>0escri tion
10/22/2018
Employment Development
230,912.09
State PIT Withholding
10/22/2018
Employment Development
52,959.88
State SDI payment
10/22/2018
Pitney Bowes
3,734.76
Postage for City Hall
10/23/2018
Cal Pers
4,400.46
EFT Retirement Safety-Fire-PEPRA New 25020
10/23/2018
Cal Pers
6,969.22
EFT Retirement Safety-Police-PEPRA New 25021
10/23/2018
Cal Pers
24,056.68
EFT Retirement Misc - PEPRA New 26013
10/23/2018
Cal Pers
48,237.89
EFT Retirement Misc - Classic 27
10/23/2018
Cal Pers
74,267.99
EFT Retirement Safety Police Classic - 1 st Tier 28
10123/2018
Cal Pers
49,887.95
EFT Retirement Safety Fire- Classic 30168
10/23/2018
Cal Pers
4,211.72
EFT Retirement Sfty Police Classic -2nd Tier 30169
10/2512018
Lane Donovan Golf Ptr
23,111.77
Payroll Transfer
10115118-10/21/18
Workers Comp Activity
25,585,36
SCRMA checks issued
10115/18-10121/18
Liability Trust - Claims
0.00
Claim checks issued
10/15/18-10121/18
Retiree Health Insurance
0.00
Health Reimbursment checks issued
548,335.77
DATE OF RATIFICATION: 10/30118
TOTAL_ PAYMENTS BY WIRE:
Certified as to the accuracy of the wire transfers by:
Zj-
Deputy City Treasurd r II Date
Director of
City
Date
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo.
548.335.77
PACity TreasurehWire TransferslWire Transfers 10-01-18 to 9-30-19 10/30/2018 111
13
3023512 - 3023596
90006-15- 900:,615
001
GENERALFUND
104
TRAFFIC SAFETY FUND
106
STATE GAS TAX FUND
108
ASSOCIATED RECREATION ACTIVfTIES FUND
109
ASSET FORFEITURE FUND
111
COMM- DEVEL. BLOCK GRANT
112
PROP "A' TRANSPORTATION
114
PROP "C" TRANSPORTATION
115
AIR QUALITY INVESTMENT PROGRAM
116
HOME SOUND INSTALLATION FUND
117
HYPERION MITIGATION FUND
118
TOA ARTICLE 3 - SB 821 BIKEWAY FUND
119
MTA GRANT
121
FEMA
120
COPS FUND
122
L.A.W.A. FUND
123
PSAF PROPERTY TAX PUBLIC SAFETY
202
ASSESSMENT DISTRICT X73
301
CAPITAL IMPROVEMENT FUND
302
INFRASTRUCTURE REPLACEMENT FUND
405
FACILITIES MAINTENANCE
501
WATER UTTLITY FUND
502
WASTEWATER FUND
503
GOLF COURSE FUND
601
EQUIPMENT REPLACEMENT
602
LIABILITY INSURANCE
603
WORKERS COMP, RESERVFIINSURANCE
701
RETIRED EMP. INSURANCE
702
EXPENDABLE TRUST FUND- DEVELOPER FEES
703
EXPENDABLE TRUST FUND -OTHER
708
OUTSIDE SERVICES TRUST
TOTAL WARRANTS
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Information on actual expenditures is available in the Director of Finance's office in the
City of EI Segundo.
I certify as to the accuracy of the Demands and the availability of fund for payment thereof.
For Approval: Regular Checks held for City council authorization to release.
CODES:
CITY OF EL SEGUNDO
WARRANTS TOTALS BY FUND
267,221 55
1319
42089
458.00
9,55710
17427
1,00468
5,672.36
54591
10,538.50
R = Computer generated checks for all non-emergencylurgency payments for materials, supplies and
services in support of City Operations
For Ratification:
A = Payroll and Employee Benefit checks
DATE OF APPROVAL:
5 296.387 49 y
AS OF 11/20/18 REGIS=
VOID CHECKS DUE TO ALIGNMENT:
NIA
VOID CHECKS DUE TO INCORRECT CHECK DATE:
VOID CHECKS DUE TO COMPUTER SOFTWARE ERROR:
B . F = Computer generated Early Release disbursements and/or adjustments approved by the City
Manager. Such as: payments for utility services, petty cash and employee travel expense NOTES
reimbursements, various refunds, contract employee services consistent with current contractual
agreements, instances where prompt payment discounts can be obtained or late payment penalties
can be avoided orwhen a situation arises that the City Manager approves.
H = Hardl%,•ilfen Earlyyppp Reloa3e tsburs Is andlor adjustments approved by the City Manager,
Y / ` FINANCE DIRECTOR CITY MANAGER f
DATE: I "' l DATE:
� /j
CITY OF EL SEGUNDO
PAYMENTS BY WIRE TRANSFER
10/29/18 THROUGH 11/4/18
Date
Payee
❑escS ription
10/30/2018
Pitney Bowes
10,000.00
Postage for City Hall
10/30/2018
Cal Pers
4,400.49
EFT Retirement Safety-Fire-PEPRA New 25020
10/30/2018
Cal Pers
8,061.79
EFT Retirement Safety-Police-PEPRA New 25021
10/30/2018
Cal Pers
22,811.19
EFT Retirement Misc - PEPRA New 26013
10/30/2018
Cal Pers
48,329.60
EFT Retirement Misc - Classic 27
10/30/2018
Cal Pers
73,761.53
EFT Retirement Safety Police Classic - 1st Tier 28
10/30/2018
Cal Pers
49,681.00
EFT Retirement Safety Fire- Classic 30168
10/30/2018
Cal Pers
4,246.73
EFT Retirement Sfty Police Classic-2nd Tier 30169
11/2/2018
Health Comp
1,411.31
Weekly claims
11/2/2018
Health Comp
43.67
Weekly claims
11/2/2018
Unum
721.80
Long Term Care Premium
11/2/2018
Manufacturers & Traders
35,143.25
457 payment Vantagepoint
11/2/2018
Manufacturers & Traders
550.00
IRA payment Vantagepoint
11/2/2018
Nationwide NRS EFT
30,846.22
EFT 457 payment
11/2/2018
State of CA EFT
1,452.91
EFT Child support payment
10/22118-10/28118
Workers Comp Activity
26,244.10
SCRMA checks issued
10/22/18-10/28/18
Liability Trust - Claims
0.00
Claim checks issued
10122118-10/28118
Retiree Health Insurance
0.00
Health Reimbursment checks issued
317,705.59
DATE OF RATIFICATION: 11/2/18
TOTAL PAYMENTS BY WIRE: 317,705.59
Certified as to the accuracy of the wirel transfers by:
/J
r. -"'jam• � `r`i. f� if/ 4// _
Deputy City Treastrer 11 Date
Date
Date
Information on actual expenditures is available in the City Treasurer's Office of the City of El Segundo,
P:1City TreasurerMire TransferslWire Transfers 10-01-18 to 9-30-19 11/2/2018 111
15
MEETING OF THE EL SEGUNDO CITY COUNCIL
MONDAY, NOVEMBER 5, 2018 — 8:00 AM
(CLOSED SESSION)
8:00 AM SESSION
CALL TO ORDER — Mayor Boyles at 8:14 AM
ROLL CALL
Mayor Boyles
Present
Mayor Pro Tem Pirsztuk
Present
Council Member Brann
Present
Council Member Pimentel
Absent
Council Member Nicol
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
CLOSED SESSION:
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel); and/or conferring with the City's Labor
Negotiators; as follows:
PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter
1. Position: City Manager
ADJOURNMENT at 12:49 PM
Tracy Weaver, City Clerk
16
S1
MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 6, 2018 — 5:00 PM
5:00 P.M. SESSION
CALL TO ORDER — Mayor Boyles at 5:00 PM
ROLL CALL
Mayor Boyles
Present
Mayor Pro Tem Pirsztuk
Present
Council Member Brann
Present
Council Member Pimentel
Present
Council Member Nicol
Present
PUBLIC COMMUNICATION — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) None
SPECIAL ORDER OF BUSINESS:
Mayor Boyles announced that Council would be meeting in closed session pursuant to
the items listed on the Agenda.
CLOSED SESSION -
The City Council may move into a closed session pursuant to applicable law, including
the Brown Act (Government Code Section §54960, et seq.) for the purposes of
conferring with the City's Real Property Negotiator; and/or conferring with the City
Attorney on potential and/or existing litigation; and/or discussing matters covered under
Government Code Section §54957 (Personnel); and/or conferring with the City's Labor
Negotiators; as follows:
CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Gov't Code
§54956.9(d)(1): -1- matters
1. Stolnack v. City of EI Segundo, Worker's Compensations Appeals Board, Case
No. 10797812
CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code §54956.9(d)(2): -1-
matters.
Initiation of litigation pursuant to Government Code §54956.9 (d)(4): -1- matters.
DISCUSSION OF PERSONNEL MATTERS (Gov't Code §54957): -0- matter
APPOINTMENT OF PUBLIC EMPLOYEE (Gov't. Code § 54957): -0- matter
1
17
PUBLIC EMPLOYMENT (Gov't Code § 54957) -1- matter
1. Position: City Manager
CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8): -0-
matters
CONFERENCE WITH CITY'S LABOR NEGOTIATOR (Gov't Code §54957.6)-.-8-
matters
54957.6):-8-
matters
Employee Organizations: Police Management Association; Police Officers
Association; Police Support Services Employees Association; Fire Fighters
Association; Supervisory, Professional Employees Association; City Employee
Association; and Executive and Management/Confidential Employees
(unrepresented groups).
Agency Designated Representative: Irma Moisa Rodriquez, City Manager, Greg
Carpenter and Human Resources Director.
Adjourned at 6:50 PM
K
UP
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, NOVEMBER 6, 2018 - 7:00 P.M.
7:00 P.M. SESSION
CALL TO ORDER — Mayor Boyles at 7:00 PM
INVOCATION — Pastor Chuck Brady, St. John's Lutheran Church
PLEDGE OF ALLEGIANCE — Council Member Pimentel
PRESENTATIONS
a) Proclamation read by Council Member Nicol proclaiming EI Segundo Fire
Department's annual Spark of Love Toy Drive from November 12, 2018 —
December 20, 2018. Fire Chief Donovan accepted the Proclamation on behalf of
the EI Segundo Fire Station Department.
ROLL CALL
Mayor Boyles
Present
Mayor Pro Tem Pirsztuk
Present
Council Member Brann
Present
Council Member Pimentel
Present
Council Member Nicol
Present
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Jim Holland, OneLegacy Ambassador, invited Council to attend the December 12, 2018
OneLegacy meet and greet for the One Legacy's 2019 Donate Life Rose Parade Float
(Rhythm of the Heart) Participants.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion to read all ordinances and resolutions on the Agenda by title
only.
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Pirsztuk to read
all ordinances and resolutions on the agenda by title only. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
3
W
Consideration and possible action to 1) conduct a Public Hearing related to the
Proposition 218 majority protest process to establish a maximum $20 monthly
fee upon eligible residential dwellings for solid waste collection services; 2) close
the Public Hearing and adopt a resolution to certify the protest ballot results; and
3) if a majority protest does not exist, set the date to consider introducing an
ordinance establishing the new fee.
(Fiscal Impact: up to $775,200 savings to the General Fund)
Mayor Boyles stated this was the time and place for a Public Hearing regarding the
Proposition 218 majority protest process to establish a maximum $20 monthly fee upon
eligible residential dwellings for solid waste collection services, adopt a resolution to
certify the protest ballot results and if a majority protest does not exist, set the date to
consider introducing an ordinance establishing the new fee.
City Clerk Weaver stated that proper notice had been given in a timely manner and that
written communication has been received in the City Clerk's office and council was
copied.
Greg Carpenter, City Manager, introduced the item.
Ken Berkman, Public Works Director, gave an updated report on the item.
Public Comment.-
Mike
omment:
Mike Robbins, resident, commented on the item and is not in favor of the proposed solid
waste collection services. Mostly commented on Safety salaries and pensions.
Steve Hostetler, resident, asked two questions of the Council. 1) Why the proposed
fees at this time and 2) Why has the City not charged the fees in the past? Greg
Carpenter, City Manager, answered the questions. Commented on the pensions
mentioned by Mr. Robbins.
John (last name unknown), resident, commented on the pensions mentioned by Mr.
Robbins.
Mayor Boyles stated this is the time to hand any and all outstanding protest ballots to
the City Clerk, once the Public Hearing is closed, no ballots may be received.
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Nicol to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Item Continued until all Prop 218 Protest Ballots are verified and counted.
2. Consideration and possible action regarding Environmental Assessment No. EA -
1199 and Zone Text Amendment No. ZTA 17-07 to amend the EI Segundo
Municipal Code (ESMC) prohibiting almost all commercial marijuana activity in
accordance with State Law. The adoption of this ordinance is exempt from the
California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code Regs. §
15061(b)(3) because can be seen with certainty that there is no possibility that
the ordinance will have a significant effect on the environment. In addition to the
foregoing general exemption, the following categorical exemption applies: 14
4
WE
Cal. Code Regs. § 15308 (actions taken for the protection of the environment).
(Applicant: City of EI Segundo)
(Fiscal Impact: None)
Mayor Boyles stated this was the time and place for a public hearing regarding
Environmental Assessment No. EA -1199 and Zone Text Amendment No. ZTA 17-07 to
amend the EI Segundo Municipal Code (ESMC) prohibiting almost all commercial
marijuana activity in accordance with State Law. The adoption of this ordinance is
exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal. Code
Regs. § 15061(b)(3) because can be seen with certainty that there is no possibility that
the ordinance will have a significant effect on the environment. In addition to the
foregoing general exemption, the following categorical exemption applies: 14 Cal. Code
Regs. § 15308 (actions taken for the protection of the environment). (Applicant: City of
EI Segundo)
(Fiscal Impact: None)
City Clerk Weaver stated that proper notice had been given in a timely manner and that
no written communication has been received in the City Clerk's office. (Council received
individual letters from the Vice Chair of the Planning Commission, Brenda Newman, this
was unknown to the City Clerk's office at the time of the Hearing).
Greg Carpenter, City Manager, introduced the item.
Paul Samaras, Principal Planner, gave a presentation.
Public Comment: None
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Pirsztuk to close
the public hearing. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council Discussion
Ryan Baldino, Planning Commission Chair, answered Council questions. Mr. Baldino
was asked to speak per Council Member Nicol.
Mark Hensley, City Attorney, read by title only:
ORDINANCE NO. 1577
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
AMENDING TITLE 15, CHAPTER 13B OF THE EL SEGUNDO MUNICIPAL CODE
PROHIBITING CANNABIS -RELATED USES AND ACTIVITIES IN ALL ZONES AND
SPECIFIC PLAN AREAS OF THE CITY
Mayor Pro Tem Pirsztuk introduced Ordinance No. 1577. The second reading and
adoption of the Ordinance is scheduled for November 20, 2018.
Item #1 continued — all protest ballots have been verified and counted.
5
21
Council Discussion
Tracy Weaver, City Clerk, certified the number of protest ballots received.
The following was read into record:
The total number of protest ballots mailed or provided to property owners eligible to file
a protest ballot was 2912. The number of valid protest ballots received by the City at the
end of November 6, 2018 public hearing was 1096. The total number of protest ballots
received that were not properly filled out was 8. The total number of protest ballots
returned as undeliverable was 31. The number of valid protest ballots required to
prevent adoption of the proposed solid waste service charge is 1457. Because the
number of valid protest ballots received by the City does not represent a majority of
property owners eligible to protest, the City Council may adopt the proposed solid waste
service charges.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 5110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO
DECLARING THE RESULTS OF THE PROCEEDINGS FOR ADOPTING
RESIDENTIAL SOLID WASTE SERVICE CHARGES IN ACCORDANCE WITH
ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION
MOTION by Mayor Boyles, SECONDED by Council Member Nicol to adopt Resolution
No. 5110. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
Council to discuss when to bring back a possible ordinance.
MOTION by Mayor Boyles, SECONDED by Council Member Nicol to introduce an
Ordinance and establish fees at the 1St regular City Council Meeting in February 2019.
MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Nicol Pimentel Pirsztuk NO:
Brann
C. UNFINISHED BUSINESS
3. Consideration and possible action to authorize the City Manager to execute a 5
year agreement no. 5618, with Granicus, Inc. to provide design, development,
implementation and ongoing hosting and maintenance services for the City's
website redesign project.
(Fiscal Impact: $366,477.00 over 5 years; Year one $216,000.00 total;
$180,265.00 for design and development services and $35,735 (20%) for
contingency; Annual maintenance average of $37,600.00 over the remaining
five-year term of the contract)
Greg Carpenter, City Manager, introduced the item.
0
22
Charles Mallory, Information Systems Director, gave a presentation
Sam Morton, VP of Sales and John Redfern, Rep with Granicus were introduced and
answered Council questions throughout the presentation.
Council Discussion
Recessed at 8:39 PM
Reconvened at 8:50 PM
Council Discussion continued
Chad Hahn, Technology Committee Chair, commented on the Technology committee's
perspective on the website redesign and development.
MOTION by Council Member Brann, SECONDED by Council Member Pimentel
authorizing the City Manager to execute a 5 year agreement with Granicus, Inc., in a
form approved by the City Attorney, to purchase design and development services for
the City's website redesign project. MOTION PASSED BY VOICE VOTE. 4/1 YES:
Boyles Brann Pimentel Pirsztuk NO: Nicol
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
4. Consideration and possible action to announce the appointment to the Economic
Development Advisory Council.
(Fiscal Impact: None)
Mayor Boyles announced the appointment of Rick Yuse to the Economic Development
Advisory Council to a term ending January 1, 2021.
4a. Consideration and possible action to direct staff and The Lakes Subcommittee to
enter into negotiations exclusively with Centercal/Topgolf for the redevelopment,
improvement, and operations of The Lakes at EI Segundo Site and to commence
the entitlement process for the future use of the property.
Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Council Discussion
Mark Hensley, City Attorney, answered Council questions concerning land entitlements,
possible timeline and the process that will occur as the City moves forward with the
negotiations with Centercal/TopGolf.
MOTION by Mayor Boyles, SECONDED by Council Member Pimentel directing staff
and The Lakes Subcommittee to enter into negotiations exclusively with
Centercal/Topgolf for the redevelopment, improvement, and operations of The Lakes at
7
23
EI Segundo Site and to commence the entitlement process for the future use of the
property. MOTION PASSED BY VOICE VOTE. 4/1 YES: Boyles Nicol Pimentel Pirsztuk
NO: Brann
E. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed
unanimously. If a call for discussion of an item is made, the item(s) will be considered
individually under the next heading of business.
5. Approve Warrant Numbers 3023207 through 3023311 and 9000574 through
9000611 on Register No. 2a in the total amount of $434,615.32 and Wire
Transfers from 10/8/18 through 10/14/18 in the total amount of $5,861,737.01.
Warrant Numbers 3023312 through 3023437 and 9000612 through 900613 on
Register No. 2b in the total amount of $359,845.88 and Wire Transfers from
10/15/18 through 10/21/18 in the total amount of $561,923.63. Ratified Payroll
and Employee Benefit checks; checks released early due to contracts or
agreement; emergency disbursements and/or adjustments, and wire transfers.
6. Approve Regular City Council Meeting Minutes of October 16, 2018.
7. Authorize the acceptance of $34,000.00 in grant funding from the U.S.
Department of Homeland Security, through the Office of Grants and Training,
under Fiscal Year 2017 State Homeland Security Grant Program (SHSGP) and
authorize the City Manager to sign an Agreement No. 5619 with the County of
Los Angeles who will serve as the grant administrator for the grant.
(Fiscal Impact: $34,000.00)
8. Approve an increase to the construction contingency from $20,696.50 to
$47,696.50, amendment no. 5508A, for the Police Department Floor
Replacement, Project No. PW 18-02.
(Fiscal Impact: $27,000.00)
9. PULLED BY COUNCIL MEMBER NICOL
10. PULLED BY COUNCIL MEMBER NICOL
11. Approve the second reading and adopt an Ordinance No. 1576 amending EI
Segundo Municipal Code §1-6-3, §1-6-4, and §1-6-5 Regarding City
Departments, Exclusions from Civil Service, and Department Heads.
(Fiscal Impact: None)
MOTION by Mayor Pro Tem Pirsztuk, SECONDED by Council Member Brann
approving Consent Agenda items 5, 6, 7, 8, and 11. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
PULLED ITEMS:
0
24
9. Consideration and possible action to accept as complete the Main Street
Bollards, Project No. PW 18-08.
(Fiscal Impact: $134,312.00)
Council Member Nicol asked Ken Berkman, Public Works Director, to speak regarding
the Bollards.
MOTION by Council Member Nicol, SECONDED by Mayor Boyles to accept as
complete the Main Street Bollards, Project No. PW 18-08. MOTION PASSED BY
UNANIMOUS VOICE VOTE. 5/0
10. Consideration and possible action regarding the retirement and sale of police
canine, "Leo," to his handler for a nominal fee, agreement no. 5620.
Chief Whalen explained the reason behind the retirement of Leo.
MOTION by Council Member Nicol, SECONDED by Mayor Boyles authorizing the sale
of police canine, "Leo," to his handler for a $1.00. MOTION PASSED BY UNANIMOUS
VOICE VOTE. 5/0
F. NEW BUSINESS
12. Consideration and possible action to create an ad-hoc committee, the Gateway
Committee, to determine the vision, goals and scope of the Main Street and
Imperial Highway Entryway Capital Improvement Project.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Meredith Petit, Recreation and Parks Director, gave a report
MOTION by Council Member Brann, SECONDED by Mayor Pro Tem Pirsztuk to create
the Gateway Committee. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
13. Consideration and possible action to receive a status update and information
related to the upcoming design process for Acacia Park.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Meredith Petit, Recreation and Parks Director, gave a presentation.
Council Discussion
Council consensus to receive and file the report.
0
25
14. Consideration and possible action to adopt a City of EI Segundo Social Media
Policy.
(Fiscal Impact: None)
Greg Carpenter, City Manager, introduced the item.
Mark Hensley, City Attorney, reported on the item.
Mark Hensley, City Attorney, read by title only:
RESOLUTION NO. 5111
A RESOLUTION ADOPTING A SOCIAL MEDIA POLICY
MOTION by Council Member Brann, SECONDED by Council Member Pimentel to
adopt Resolution No. 5111, amending the language in Section 9.b.i of the Social Media
Policy. The policy will be brought back for further discussion at the December 4, 2018
regular City Council meeting. MOTION PASSED BY UNANIMOUS VOICE VOTE. 5/0
G. REPORTS — CITY MANAGER — Introduced the new HR Director, David Serrano,
mentioned a survey to go out to residents and businesses in the following week
and commented on the 1St annual City Staff Softball game last Saturday,
November 3, 2018.
H. REPORTS — CITY ATTORNEY — Passed
REPORTS — CITY CLERK — Passed
J. REPORTS — CITY TREASURER — Not Present
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel — Attended a SBWIB (South Bay Workforce Investment
Board) meeting in correlation with Northrop Grumman and community colleges, stated
the SBWIB is an underutilized pipeline for those seeking jobs in all aspects and
especially the Aerospace industry and mentioned it is the 100th Anniversary of the end
of WWI.
Council Member Nicol — Passed
Council Member Brann — Advised everyone to simplify their lives and denounce social
media!
Mayor Pro Tem Pirsztuk — Visited the EVA building, thanked all who voted today and
thanked those who assisted in the elections over the last few weeks and thanked the
Recreation and Parks Department on an amazing Halloween Frolic event on October
31, 2018.
`t$]
26
Mayor Boyles — Recently appointed to and attended a meeting of the Southern
California Government Transportation Committee and announced the City of EI
Segundo will host the first ever Urban Games in 2019, 2021 and possibly 2023.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total)
Mike Robbins, resident, commented on the passage of the fees for solid waste
collection services, Measure ES and other items on the ballot voted on today by the
residents. Mr. Robbins made a Public Records request and was advised to put the
request in writing and send to the City Clerk's office.
MEMORIALS — Richard "Dick" Switz
ADJOURNMENT at 11:08 PM
Tracy Weaver, City Clerk
11
27
EL SEGUNDO CITY COUNCIL MEETING DATE: November 20, 2018
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action to adopt a Resolution approving the Plans and
Specifications for Fire Station #1 Chiefs' Living Quarters Improvements,
Project No. PW 18-01. (Fiscal Impact: to be determined.)
RECOMMENDED COUNCIL ACTION:
1. Adopt the attached Resolution approving the Plans and Specification for the Fire
Station 41 Chiefs' Living Quarters Improvements, Project No. PW 18-01; or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution
FISCAL IMPACT: Included In the FY2017/18 Budget
Amount Budgeted: $45,000
Additional Appropriation: No.
Account Number(s): 301-400-8201-8413 (Fire Small Bathroom Remodel)
ORIGINATED BY: Cheryl Ebert, Senior Civil Engineer G�r
REVIEWED BY: Ken Berkman, Public Works Director
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The (Fire and Battalion) Chiefs' living quarters in Fire Station #1 have not been upgraded since
the facility was constructed in the 1980's. Due to recurring plumbing issues and the
deteriorating condition of bathrooms, this project was identified as a priority and is one of the
last projects to be constructed as part of the recent fire station facility upgrades.
The project scope of work consists of-
Modifying
£
Modifying and improving three bedrooms and two bathrooms. One of the bedrooms will
be converted to an office for new staff by closing off one of the doors to the existing
Jack -and -Jill bathroom, and the bedrooms/office will receive new carpeting.
• In both bathrooms:
o Remove existing sinks, toilets, mirrors, flooring and wall tiles.
o Install new shower tiles, floor tiles, and wall tiles.
o Install new sink, countertops, and plumbing fixtures.
o Install new lighting, upgrade electrical outlets, and upgrade ceiling fan grilles.
o Paint walls and install miscellaneous appurtenances as needed.
Staff respectfully recommends City Council adopt the plans and specifications and the attached
resolution, and authorize advertising for construction bids. The schedule for the project is
estimated as follows:
Advertise for bids December 2018
Contract Award by City Council February 2019
Construction Start April 2019
Construction End July 2019
M
RESOLUTION NO.
A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE
FIRE STATION #1 CHIEFS' LIVING QUARTERS IMPROVEMENTS
PROJECT. PURSUANT TO GOVERNMENT CODE SECTION 830.6
AND ESTABLISHING A PROJECT PAYMENT ACCOUNT.
The City Council of the City of EI Segundo does resolve as follows.-
SECTION
ollows:
SECTION 1: The City Council finds and declares as follows:
A. The City Engineer prepared specifications and plans for PW 18-01, the
Fire Station #1 Chiefs' Living Quarters Improvements Project (the
"Project"). These plans are complete. Bidding for construction of the
Project may begin;
B. The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity, Authorization.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
E. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Project Payment Account. For purposes of the Contract Documents
administering the Project, the City Council directs the City Manager, or designee, to
establish a fund containing sufficient monies from the current fiscal year budget to pay
for the Project ("Project Payment Account") following receipt of construction bids. The
Project Payment Account will be the sole source of funds available for the Contract
Sum, as defined in the Contract Document administering the Project.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
Page 1 of 2
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PASSED AND ADOPTED this 20th day of November, 2018.
Drew Boyles, Mayor
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
David H. King, Assistant City Attorney
Page 2 of 2
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EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 20, 2018
AGENDA HEADING: Consent Agenda
Consideration and possible action regarding Environmental Assessment No. EA -1199 and Zone
Text Amendment No. ZTA 17-07 to amend the El Segundo Municipal Code (ESMC) prohibiting
almost all commercial marijuana activity to the extent allowed by State Law. The adoption of this
ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to 14 Cal.
Code Regs. § 15061(b)(3) because can be seen with certainty that there is no possibility that the
ordinance will have a significant effect on the environment. In addition to the foregoing general
exemption, the following categorical exemption applies: 14 Cal. Code Regs. § 15308 (actions
taken for the protection of the environment).
(Applicant: City of El Segundo)
Fiscal Impact: None
RECOMMENDED COUNCIL ACTION:
1. Waive second reading and adopt Ordinance No. 1577 for Environmental Assessment
No. EA -1199 and Zone Text Amendment No. ZTA 17-07 to amend the ESMC
prohibiting almost all commercial marijuana activity to the extent allowed by State
Law; and/or,
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Ordinance No. 1577
FISCAL IMPACT: None.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: El Segundo is a safe and prepared city
Objective: Proactive communication and community engagement align perceptions of
safety with reality
PREPARED BY: Paul Samaras, Principal Planner
REVIEWED BY: Gregg McClain, Planning Manager
Sam Lee, Planning and Buildm' afety Director
APPROVED BY: Greg Carpenter, City Manager
n4b
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BACKGROUND AND DISCUSSION:
On November 6, 2018, the City Council introduced an Ordinance amending the El Segundo
Municipal Code to prohibit almost all commercial marijuana activity to the extent allowed by State
Law.
The Council may waive the second reading and adopt the Ordinance. If the Ordinance is adopted
by the City Council at its November 20th meeting, the effective date of the Ordinance will be
December 21St, 2018, which is thirty (30) days from the adoption date.
33
ORDINANCE NO. 1577
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO AMENDING TITLE 15, CHAPTER 13B OF THE EL
SEGUNDO MUNICIPAL CODE PROHIBITING CANNABIS -RELATED
USES AND ACTIVITIES IN ALL ZONES AND SPECIFIC PLAN AREAS
OF THE CITY
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and determines as follows
A. On November 5, 1996, the voters of the State of California approved
Proposition 215, codified as Health and Safety Code Section 11362.5 et seq., and
entitled the Compassionate Use Act of 1996 ("CUA"). The CUA exempted qualified
patients and their primary caregivers from criminal liability under state law for the
possession and cultivation of marijuana for personal medical use.
B. The intent of the CUA was to enable persons in the State of California who
are in need of marijuana for medicinal purposes to obtain it and use it under limited,
specified circumstances.
C. The State enacted Senate Bill 420 in October 2003, codified at Health and
Safety Section 11362.7, et seq., ("Medical Marijuana Program Act," or "MMPA") to
clarify the scope of the Compassionate Use Act of 1996 and to allow cities and other
governing bodies to adopt and enforce rules and regulations consistent with SB 420.
The MMPA created a state -approved voluntary medical marijuana identification card
program and provided for certain additional immunities from state marijuana laws.
Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical
Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt
local ordinances that regulate the location, operation, or establishment of a medical
marijuana cooperative or collective" and to civilly and criminally enforce such
ordinances.
D. The CUA and MMPA did not "legalize" marijuana, but provided limited
defenses to certain categories of individuals with respect to certain conduct and certain
state criminal offenses.
E. In City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 CalAth 729, the California Supreme Court held that "[n]othing in the CUA
or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by
its own ordinances, to regulate the use of its land...." Additionally, in Maral v. City of
Live Oak (2013) 221 Cal.AppAth 975, the Court of Appeal held that "there is no right —
and certainly no constitutional right — to cultivate medical marijuana....." The Court in
34
Maral affirmed the ability of a local governmental entity to prohibit the cultivation of
marijuana under its land use authority.
F. The Federal Controlled Substances Act, 21 U.S.C. § 801 et seq.,
classifies marijuana as a Schedule 1 Drug, which is defined as a drug or other
substance that has a high potential for abuse, that has no currently accepted medical
use in treatment in the United State, and that has not been accepted as safe for use
under medical supervision. The Federal Controlled Substances Act makes it unlawful
under federal law for any person to cultivate, manufacture, distribute or dispense, or
possess with intent to manufacture, distribute or dispense, marijuana. The Federal
Controlled Substances Act contains no exemption for medical purposes.
G. On October 9, 2015 Governor Brown signed three bills into law (AB 266,
AB 243, and SB 643) which collectively are known as the Medical Marijuana Regulation
and Safety Act ("MMRSA"). MMRSA established a State licensing scheme for
commercial medical marijuana uses while protecting local control by requiring that all
such businesses must have a local license or permit to operate in addition to a State
license. MMRSA allowed a City to completely prohibit commercial medical marijuana
activities.
H. On March 1, 2016, the City Council adopted Ordinance No. 1518, adding
Chapter 11 to Title 7 and Chapter 13B to Title 15 of the EI Segundo Municipal Code to
clarify that commercial cannabis activities, cultivation of medical cannabis, delivery of
medical cannabis, medical marijuana dispensaries, and medical marijuana collectives
are prohibited in all zones and specific plan areas of the city.
I. On November 8, 2016, the voters of the State of California passed
Proposition 64, the Control, Regulate and Tax Adult Use of Marijuana Act ("AUMA").
The AUMA decriminalizes (under California law), controls and regulates the cultivation,
processing, manufacture, distribution, testing and sale of nonmedical marijuana,
including marijuana products, for use by adults 21 years of age or older. The AUMA
also taxes the commercial growth and retail sale of marijuana. It does not, and cannot
affect federal regulations regarding marijuana or its derivatives.
J. On November 15, 2016, the City Council adopted Ordinance No. 1543, a
forty -five-day interim zoning ordinance prohibiting the issuance of any permit for
marijuana -related land uses in any zone throughout the City.
K. On December 6, 2016, the City Council adopted Ordinance No. 1544,
adding Chapter 14 to Title 4 and amending Chapter 11 of Title 7 of the Municipal Code
to expressly prohibit all commercial marijuana activity to the extent allowed by state law.
L. On December 20, 2016, the City Council adopted Ordinance No. 1545
extending the moratorium for an additional period of ten months and fifteen days.
35
M. On November 7, 2017, the City Council adopted Ordinance No. 1561
extending the moratorium for an additional year.
N. The AUMA made it "lawful under state and local law" for persons 21 years
of age or older to:
"(1) Possess, process, transport, purchase, obtain, or give away to persons 21
years of age or older without any compensation whatsoever, not more than 28.5
grams of marijuana not in the form of concentrated cannabis;
(2) Possess, process, transport, purchase, obtain, or give away to persons 21
years of age or older without any compensation whatsoever, not more than eight
grams of marijuana in the form of concentrated cannabis, including as contained
in marijuana products;
(3) Possess, plant, cultivate, harvest, dry, or process not more than six living
marijuana plants and possess the marijuana produced by the plants;
(4) Smoke or ingest marijuana or marijuana products; and
(5) Possess, transport, purchase, obtain, use, manufacture, or give away
marijuana accessories to persons 21 years of age or older without any
compensation whatsoever." (Health & Safety Code § 11362.1.)
O. The AUMA added Division 10 to the Business & Professions Code, which
grants state agencies the exclusive authority to create, issue, renew, discipline,
suspend or revoke licenses for marijuana -related businesses, including the
transportation, storage, distribution sale, cultivation, manufacturing, and testing of
marijuana.
P. The AUMA expressly preserves local control over the regulation of
cannabis -related businesses and cannabis -related land uses, including the authority to
completely prohibit any cannabis business licensed under Division 10 within its
jurisdiction. (Business & Professions Code § 26200, et seq.)
Q. Under the AUMA, no city may completely prohibit persons 21 years of age
or older from planting, cultivating, harvesting, drying, or processing up to six cannabis
plants at any one time inside a private residence or inside an accessory structure to a
private residence located upon the grounds of a private residence that is fully enclosed
and secure. (Health & Safety Code § 11362.2(b)(2).) However, a city may enact and
enforce reasonable regulations on indoor cultivation and may completely prohibit the
outdoor cultivation of cannabis. (Health & Safety Code § 11362.2(b)(1) and (3).)
R. On June 27, 2017, the Governor signed Senate Bill (SB) 94, which took
effect immediately. SB 94 merges existing state laws regarding medicinal and
recreational (adult use) marijuana by repealing the Medical Cannabis Regulation and
Safety Act (MCRSA) and including certain MCRSA provisions within the licensing
provisions of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). The
consolidated provisions are now known as the Medicinal and Adult -Use Cannabis
Regulation and Safety Act (MAUCRSA).
3
36
S. MAUCRSA expressly preserves the authority of a local jurisdiction to
adopt and enforce local ordinances to regulate cannabis (marijuana) businesses
licensed by the state, including, without limitation, local zoning and land use
requirements, business license requirements, and requirements related to reducing
exposure to secondhand smoke, or to completely prohibit the establishment or
operation of one or more types of cannabis businesses within the local jurisdiction.
T. Since the adoption of Ordinance No. 1543, City planning staff, working in
conjunction with the City Attorney and local law enforcement, has reviewed and
considered the following: (1) federal and state laws pertaining to cannabis; (2)
information and data from jurisdictions in other states that have previously
decriminalized recreational cannabis, including documented evidence regarding the
secondary impacts associated with legalization and the proliferation of cannabis -related
uses and activities; (3) ordinances of other California cities that either prohibit or
regulate cannabis -related uses; (4) opinions and bulletins from law enforcement
agencies in California and in other states regarding impacts associated with cannabis -
related uses and activities; and (5) information regarding the effects of cannabis use.
U. On September 27, 2018, the Planning Commission held a duly noticed
public hearing and considered Resolution No. 2851. The Commission directed staff to
make modifications to the resolution and bring the matter back for further consideration
at the Commission's October 11, 2018 regular meeting. On October 11, 2018, the
Planning Commission adopted Resolution No. 2851 recommending that the City
Council approve Zone Text Amendment No. ZTA 17-07 to clarify and update the
existing prohibition on cannabis -related uses in activities in all zones and specific plan
areas throughout the City.
V. On November 6, 2018, the City Council held a duly noticed public hearing
on in order to receive and consider public testimony on the subject of this Ordinance.
W. The City Council finds that cannabis -related land uses and activities can
adversely affect the health, safety, and well-being of City residents. Cannabis
cultivation and distribution can attract crime, lead to fires, expose minors to cannabis,
negatively impact neighborhoods, damage buildings, require dangerous electrical
alterations and use, and create the nuisance of strong and noxious odors. (White Paper
on Marijuana Dispensaries, California Police Chiefs Association's Task Force on
Marijuana Dispensaries, April 22, 2009, p. 12.) In Colorado, where recreational
marijuana is legal and commercialized, marijuana -related traffic deaths increased 92%
from 2010 to 2014 while all traffic deaths increased only 8 percent during the same time
period. (The Legalization of Marijuana in Colorado: The Impact, Rocky Mountain High
Intensity Drug Trafficking Area, Vol. 3, September 2015, pp. 14-15.) Use of marijuana
by Colorado teens ages 12-17 is at least 56% higher than the national average. (Id. at
pp. 35-36.) A study released in May 2016 by AAA Foundation for Traffic Research
found that fatal crashes involving drivers who recently used marijuana doubled in the
state of Washington after it legalized marijuana. (Prevalence of Marjuana Involvement
4
37
in Fatal Crashes: Washington, 2010-2014, May 2016, AAA Foundation for Traffic
Safety.) Based on these facts and other evidence, there is a concern that the
proliferation of cannabis -related uses and activities in the City would result in increased
crime and other negative secondary effects like those experienced in other communities
throughout California and around the country. To safeguard against these deleterious
secondary effects, the City Council finds it is necessary to maintain the prohibition on
cannabis -related uses and activities in all zones and specific plan areas to the
maximum extent permissible under State law.
X. Although cannabis -related land uses and activities are already prohibited
in all areas of the City pursuant to the Municipal Code, the proposed ordinance would
update the existing prohibitions to account for changes in the law made by the AUMA
and MAUCRSA.
SECTION 2: General Plan Consistency. Based upon oral and written testimony and
other evidence received at the public hearing held for this item, and upon studies and
investigations made by staff on behalf of the City Council, the City Council finds that the
proposed Ordinance is consistent with the goals, policies, and objectives of the General
Plan. The General Plan sets as a goal a high quality of life for all residents. The
General Plan does not permit or contemplate the establishment or operation of
cannabis -related land uses anywhere in the City. The Land Use Element of the General
Plan is implemented through the City's Zoning Code. The EI Segundo Zoning Code is
"permissive" in nature, meaning uses that are not expressly authorized by the Code are
prohibited. Cannabis -related uses have never been allowed anywhere in the City and
are expressly prohibited. Although this is the current state of the law, the proposed
amendments to the Zoning Code are intended to update the City's existing prohibitions
to account for changes in the law made by the AUMA and MAUCRSA. By prohibiting
cannabis -related uses, the City is preventing the negative secondary effects and other
adverse impacts associated with such uses. The City Council further finds that the
proposed Zoning Code Amendment will not adversely affect surrounding properties.
The Amendment is a City-wide Zoning Code Amendment that prohibits cannabis -related
uses and activities to the maximum extent allowed under State law. The prohibition
prevents the negative secondary effects associated with such uses, enhances the
health, safety, and welfare of the community, and will not adversely affect surrounding
properties.
SECTION 3: Zone Text Amendment Findings. In accordance with ESMC Chapter 15-26
(Amendments), the proposed ordinance is consistent with and necessary to carry out the
purpose of the ESMC as follows:
The ordinance is necessary and consistent with the purpose of the ESMC, which is to
serve the public health, safety, and general welfare and to provide the economic and
social advantages resulting from an orderly planned use of land resources. The
ordinance is intended to clarify that all cannabis -related uses and activities are prohibited
to the maximum extent allowed under State law. The prohibition prevents the negative
secondary effects associated with such uses, enhances the health, safety, and welfare of
the community, and will not adversely affect surrounding properties.
5
38
SECTION 4: Authority. This ordinance is adopted pursuant to the authority granted by
the California Constitution and State law, including, but not limited to, Article Xl, Section
7 of the California Constitution, the Compassionate Use Act, the Medical Marijuana
Program Act, the Medical Marijuana Regulation and Safety Act, and the Control,
Regulate and Tax Adult Use of Marijuana Act, and the Medicinal and Adult -Use
Cannabis Regulation and Safety Act.
SECTION 5: Section 1-6 of Title 15 of the EI Segundo Municipal Code is amended to
add the following definitions:
CANNABIS: all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds, or resin, including cannabis
infused in foodstuff or any other ingestible or consumable product containing cannabis.
"Cannabis" also means the separated resin, whether crude or purified, obtained from
cannabis. The term "cannabis" includes "medical cannabis" for the purposes set forth in
the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the
Health and Safety Code. "Cannabis" does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks
(except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the
plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as
defined by Section 11018.5 of the Health and Safety Code.
CANNABIS ACCESSORIES: any equipment, products or materials of any kind
which are used or designed for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing, processing,
preparing, testing, analyzing, smoking, or vaporizing cannabis, or for ingesting,
inhaling, or otherwise introducing cannabis or cannabis products into the human
body.
CANNABIS CULTIVATION: any activity involving the planting, growing, cultivating,
harvesting, drying, curing, grading, trimming or processing of cannabis.
CANNABIS CULTIVATION FACILITY: a facility where cannabis is cultivated,
prepared, and packaged for sale to cannabis dispensaries, to cannabis product
manufacturing facilities, or to other cannabis cultivation facilities, but not to
consumers.
CANNABIS DELIVERY: the commercial transfer of cannabis or cannabis products to
a customer. "Delivery" also includes the use by a retailer of any technology platform
owned and controlled by the retailer, or independently licensed under this division,
6
39
that enables customers to arrange for or facilitate the commercial transfer by a
licensed retailer of cannabis or cannabis products.
CANNABIS DISPENSARY: a facility or location, whether fixed or mobile, where
cannabis, cannabis products, or devices for the use of cannabis are offered, made
available to, or provided, either individually or in any combination, with or without
remuneration, for medical, recreational, or other purposes.
CANNABIS DISTRIBUTION: the procurement, sale, and transport of cannabis and
cannabis products between state -licensed entities for commercial use purposes.
CANNABIS ESTABLISHMENT: a cannabis cultivation facility, a cannabis testing
facility, a cannabis product manufacturing facility, or a cannabis dispensary.
CANNABIS MANUFACTURE: to compound, blend, extract, infuse, or otherwise
make or prepare a cannabis product.
CANNABIS PRODUCT MANUFACTURING FACILITY: a facility where cannabis and
cannabis products are manufactured, prepared and packaged for sale to other
cannabis product manufacturing facilities or to cannabis dispensaries, but not to
consumers.
CANNABIS PRODUCTS: cannabis that has undergone a process whereby the plant
material has been transformed into a concentrate, including, but not limited to,
concentrated cannabis, or an edible or topical product containing cannabis or
concentrated cannabis and other ingredients.
CANNABIS -RELATED ACTIVITY: any commercial cannabis activity, cultivation of
cannabis, delivery of cannabis or cannabis products, distribution of cannabis or
cannabis products, dispensing of cannabis or cannabis products, manufacture of
cannabis or cannabis products, sale of cannabis or cannabis products, and the
operation or establishment of a cannabis or medical cannabis cooperative,
dispensary, delivery service, or provider. "Cannabis -related activity" does not
include the cultivation, planting, harvesting, drying, processing or possession of up
to six cannabis plants at one time by persons 21 years of age or older when
conducted within a single private residence and in a manner consistent with Health
& Safety Code Section 11362.2 and any other applicable regulations.
CANNABIS STORAGE FACILITY: a facility used for the storage of cannabis,
cannabis products or cannabis accessories.
CANNABIS TESTING FACILITY: a facility where cannabis is analyzed and certified
for safety and potency.
40
COMMERCIAL CANNABIS ACTIVITY: the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling,
transportation, delivery, or sale of cannabis and cannabis products.
PRIVATE RESIDENCE: a house, an apartment unit, a mobile home, or other similar
habitable dwelling.
SECTION 6: Chapter 13B of Title 15 of the EI Segundo Municipal Code is deleted in its
entirety and replaced as follows:
Chapter 13B
CANNABIS -RELATED USES AND ACTIVITIES
15-13B-1:
Definitions.
15-13B-2:
Prohibited uses and activities.
15-13B-3:
Cultivation of cannabis for personal use.
15-13B-4:
Interpretation.
15-1313-1: Definitions
The definition of "cannabis" and related terms for the purpose of this
Chapter are contained in Section 1-6 (Definitions) of this Title.
15-1313-2: Prohibited uses and activities.
The establishment or operation of any commercial cannabis activity,
cannabis -related activity, cannabis storage facility, or cannabis establishment,
including any business licensed by the state or other government entity pursuant
to Division 10 of the Business & Professions Code, as it may be amended from
time to time, is prohibited in all zoning districts and specific plan areas of the City.
No use permit, variance, building permit, or any other entitlement or permit,
whether administrative or discretionary, can be approved or issued for the
establishment or operation of any such business or activity.
s
41
15-1313-3: Cultivation of cannabis for personal use.
A. Outdoor Cultivation. The outdoor cultivation of cannabis is prohibited
in the City of EI Segundo regardless of purpose.
B. Indoor Cultivation. Not more than six plants may be cultivated,
planted, harvested, dried, processed or possessed at one time by persons 21
years of age or older when conducted within a single private residence and in a
manner consistent with Health & Safety Code Section 11362.2 and any other
applicable regulations.
15-1313-4: Interpretation.
The intent of this chapter is to prohibit all cannabis -related uses and
activities, including the personal cultivation of cannabis, whether medical or
recreational in nature, to the maximum extent allowed under state law. Nothing
in this chapter should be interpreted as allowing behavior otherwise prohibited by
state law and nothing in this chapter should be interpreted as prohibiting conduct
that the city is expressly preempted from prohibiting under state law.
SECTION 7: Environmental Review. The City Council finds that this ordinance does
not have the potential to cause significant effects on the environment and, therefore, the
project is exempt from the California Environmental Quality Act (CEQA) pursuant to 14
Cal. Code Regs. § 15061(b)(3). The ordinance amends the EI Segundo Municipal
Code to clarify the existing prohibitions on cannabis -related land uses and activities.
The ordinance does not portend any development or changes to the physical
environment. Following an evaluation of possible adverse impacts, it can be seen with
certainty that there is no possibility that the ordinance will have a significant effect on
the environment. In addition to the foregoing general exemption, the following
categorical exemption applies: 14 Cal. Code Regs. § 15308 (actions taken for the
protection of the environment).
SECTION 8: Construction. This Ordinance must be broadly construed in order to
achieve the purposes stated in this Ordinance. It is the City Council's intent that the
provisions of this Ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this Ordinance.
SECTION 9: Enforceability. Repeal of any provision of the EI Segundo Municipal Code
does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this
Ordinance's effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of this
Ordinance.
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SECTION 10: Severability. If any part of this Ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this Ordinance are severable.
SECTION 11: The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the city of EI Segundo's book of original
ordinances, make a note of the passage and adoption in the records of this meeting,
and, within fifteen days after the passage and adoption of this Ordinance, cause it to be
published or posted in accordance with California law.
PASSED AND ADOPTED this day of , 2018
ATTEST:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Drew Boyles, Mayor
10
43
EL SEGUNDO CITY COUNCIL MEETING DATE: November 20, 2018
AGENDA STATEMENT AGENDA HEADING: City Clerk's Report
AGENDA DESCRIPTION:
Consideration and possible action regarding the City's Conflict of Interest Code required
by The Political Reform Act (Government Code § 81000 et. seq.). (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
Consider staff s presentation and this report relating to options for the City's new
Conflict of Interest Code;
2. Provide direction to staff regarding preparation of the Code;
3. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Resolution No. 4887 adopting 2014 Conflict of Interest Code
September 16, 2014 staff report
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal 1A: El Segundo provides unparalleled service to internal and external
customers
Objective I: City operations are unified and integrated.
ORIGINATED BY: Tracy Weaver. City Clerk 1v
REVIEWED BY: City Attorney's office 04
1�
APPROVED BY: Greg Carpenter, City Manager
OVERVIEW:
The purpose of this report is to advise the City Council of the need to adopt a Conflict of Interest
Code and to seek the City Council's direction on any potential changes to the Code. As discussed
below, the city has traditionally included most appointed commissions, committees and boards
("CCBs") within the city's code, meaning that the members of such CCBs are required to fill out
Form 700s. Because the City Council is the city's code reviewing body, the City Council may
decide to exempt certain CCBs from the Code, if those CCBs do not make recommendations on
purchases, policies, budget decisions, or are involved in the negotiation of city contracts.
BACKGROUND AND DISCUSSION:
Conflict of Interest Code
State law requires the city adopt a Conflict of Interest Code every two years. The City's Conflict
of Interest Code supplements the state's Political Reform Act and is intended to:
1. Outline rules for the disclosure of income and assets and the process for disqualification
from certain decisions or actions;
2. Designate local agency positions required to file a Statement of Economic Interests
(otherwise known as a "Form 700");
3. List disclosure categories to be assigned to the designated positions indicating the type of
income and assets to be disclosed on the Form 700s.
The City Council adopted the Conflict of Interest Code in 2014 (attached). In 2016, the clerk's
office notified the state that there were not substantive changes to the Code required at that time.
The clerk's office is now seeking the Council's direction on any proposed changes to the Code.
Once the clerk's office has the Council's direction, it will bring back a proposed resolution
adopting the new Code at a future City Council meeting.
The Code lists certain officials and employees who must file a Form 700, some of whom must
file under state law (Gov. Code § 87200). These officials and employees include:
1. Members of the City Council
2. The City Treasurer
3. Members of the Planning Commission
4. City Manager
5. City Attorney
In addition to these mandatory filers, the City Council may designate other officials and
employees who must also file a Form 700. State law and the Code use the term "Designated
Employees" but this category includes members of GCBs as well. State law requires that those
who are involved in the "the making or participation in the making of decisions which may
foreseeably have a material effect on any financial interest" be designated on the Conflict of
Interest Code. (Gov. Code § 87302.) This generally includes any employee or official who
makes recommendations on purchases, policies, budget decisions, or is involved in negotiating
contracts.
With regard to advisory bodies in particular, conflict of interest rules only apply to those bodies
that either (i) make final governmental decisions, (ii) compel or prevent governmental decisions,
or (iii) make substantive recommendations that are, and over an extended period of time have
been, regularly approved without significant amendment or modification by the City Council,
need to be listed in the city's Conflict of Interest Code. (FPPC Regs. § 18701(a)(1)(A).) Other
than the Planning Commission, none of the city's CCBs have final decision-making authority.
Instead, such CCBs make recommendations to the City Council, which means that they are only
subject to conflict of interest rules if they snake substantive recommendations that are regularly
approved by the City Council over an extended period of time. Unfortunately, this standard is
subjective, and the FPPC has provided little guidance on what "an extended period of time"
means. For this reason, to protect the City and the CCB members, the city attorney's office
recommends a conservative approach and that the City Council include within the city's Conflict
2
45
of Interest Code those GCBs that make recommendations on purchases, land use issues budget
decisions, or are involved in the contracting process.
's 2014 Conflict of Interest Code
Historically, for decades, the City Council has taken a conservative approach and listed most of
the CCB's within the city's Conflict of Interest Code and required members to fill out a Form
700. For example, in the 2014 Conflict of Interest Code, the Council designated the following
CCBs as designated filers:
"Designated positions
The following positions entail the making or participation in the snaking of decisions that
may have a foreseeable material effect on the official's or officer's financial interests.
COMMISSIONS, COMMITTEES & BOARDS
Members of the Aviation Safety and Noise Abatement Committee
Members of the Capital Improvement Program Advisory Committee
M,_,.,,L..,rs of the Community !'able d rA ,ittz (deleted in 2014)
Members of the Disaster Committee
Me,, ber-s of the Eeen e n., ell rt n��ia c..a, � Cvii�cc.*+,.• is (deleted in 2014)
i
Members of the Environmental Committee
Members of the Investment Advisory Committee
Members of the Library Board of Trustees
Members of the Recreation & Parks Commission
Members of the Senior Housing Board"
The City Council removed the Community Cable Advisory Committee and EDAC from the list
of designated filers. The reason EDAC was removed was that, at the time, EDAC was engaged
in high level policy discussions but were not actually making many, if any at the time,
recommendations to the Council regarding expenditures or land use matters.
Other commissions that have since been created may also need to be included on the 2018 list of
designated filers, depending on whether the members of those bodies will participate in the
making of decisions which may foreseeably have a material effect on any financial interest.
Proposed 2018 Conflict of Interest Code
Based on the city clerk's and city attorney's understanding of the current roles performed by the
CCBs, and the City Council's desire to have most CCBs involved in the City's budget process,
the following changes to the list of CCBs that are designated filers are presented to Council for
its consideration:
M.
"Designated positions
The following positions entail the making or participation in the making of decisions that
may have a foreseeable material effect on the official's or officer's financial interests.
COMMISSIONS, COMMITTEES & BOARDS
Members of the Arts and Culture Advisory Committee (added)
(deleted)
Members of the Capital Improvement Program Advisory Committee
M.,,.,L.,,..,....rthe PisasteF r.,uneii (deleted)
Members of the Economic Development Advisory Council (added)
Members of the Environmental Committee
Members of the Investment Advisory Committee
Members of the Library Board of Trustees
Members of the Recreation & Parks Commission
Members of the Senior Housing Board
With regard to the Arts and Culture Advisory Committee, this committee was recently formed
and is expected to make recommendations on vendors, such as the artist for the city's centennial
art project. The committee has also expressed interest in making recommendations on city
policies, such as developing an "art in public places" development fee. The Committee has also
been discussing other avenues for pursuing funding. It is also staffs understanding that the city
council desires to include the committee in the city's budget process.
With regard to Aviation Safety and Noise Abatement Committee and the Disaster Council, it
is staff s understanding that neither of these advisory bodies is involved in snaking
recommendations on city purchases or vendors or involved in budget decisions or negotiating
contracts. For this reason, staff recommends that they be removed from the list of designated
filers.
With regard to the Economic Development Advisory Council (EDAC), as noted above, EDAC
was removed from the list of designated filers in 2014 because it was staffs understanding at the
time that EDAC was engaged in high level policy discussions but was not making many
recommendations to the Council regarding expenditures or land use matters. Since that time,
EDAC has made a formal recommendation on the Top Golf project, the economic development
marketing budget and the addition of a position for economic development. EDAC members
have also expressed an interest in being involved in a recommendation to Council to study the
economic impact to the City of land use decisions.
If the Council wants EDAC to be involved in making recommendations related to land use or
anticipates that EDAC will increase its activities in a manner that may result in EDAC making
more recommendations relating to expenditures and the City's budget, then staff recommends
the Council add EDAC to the list of filers. Conversely, if the Council anticipates that EDAC will
0
47
be making very few and infrequent recommendations regarding such issues, then EDAC does not
need to be added to the list of filers.
With regard to the Technology Committee, the Council established the committee in 2016. As
part of its original bylaws, the committee was required to fill out a Form 700. In 2017, when the
clerk's office began to request Form 700's from committee members, certain members expressed
concern to city staff. In March 2018, the committee's bylaws were amended to remove the Form
700 requirement based upon the bylaws providing that the committee members would not be
involved in selecting or recommending vendors to the Council but would rather only provide
quality assurance/success criteria and feedback and that staff would select vendors. However,
other committee members recently expressed an interest in being more involved in the selection
of city vendors and the committee will be discussing the potential of amending its bylaws again.
It is recommended that the Council not include the Committee at this time and that the
Committee can be added to the list of filers after a determination is made regarding amending the
bylaws.
Once the Clerk's office has the Council's direction, it will bring back a proposed resolution
adopting the new Code at a future City Council meeting.
WP
RESOLUTION NO. 4887
A RESOLUTION ADOPTING THE 2014 CONFLICT OF INTEREST
CODE FOR THE CITY OF EL SEGUNDO IN ACCORD WITH THE
POLITICAL REFORM ACT.
The City Council of the city of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The Political Reform Act ("PRA"; Gov't. Code §§ 81000, et seq.) and regulations
adopted pursuant to the PRA ("FPPC Regs.; 2 Cal. Code of Regs. §§ 18700, et seq.)
requires local government to adopt conflict of interest codes.
B. Section 18730 of the FPPC Regs. sets forth a standard conflict of interest code that
may be adopted by local agencies.
C. On or about July 2014 City Clerk's Office conducted a review of the City's conflict
of interest code in accord with Government Code § 87306.5 and determined that
changes to the code, were needed at that time.
D. To fulfill its obligations under the PRA and FPPC Regs., the City Council will repeal
Resolution 4778, adopted July 17, , and adopt a new conflict of interest code as set
forth below.
SECTION 2: Pursuant to FPPC Regs. § 18730, the City of El Segundo adopts a Conflict of
Interest Code to read as follows:
"CONFLICT OF INTEREST CODE FOR THE CITY OF EL SEGUNDO
A. Incorporation of Standard Code.
Under the terms of the Political Reform Act (Gov't Code §§ 81000 et seq.) and
regulations promulgated by the Fair Political Practices Commission (2 Cal. Code of Regs.
§§ 18700, et seq.), the City is required to adopt a conflict of interest code. The City of El
Segundo incorporates by reference 2 Cal. Code of Regs. § 18730, and its amendments,
into this Conflict of Interest Code including, without limitation, the designation of
officials and employees and the disclosure categories set forth below (collectively, "the
Conflict of Interest Code").
B. Filing of Statements
Designated officials, officers and employees must file Statements of Economic Interest
(Form 700) with the City Clerk or Deputy City Clerk. After receiving Statements of
Economic Interests from City Council members, the City Treasurer, Planning
Commission members, City Attorney, and City Manager, the City Clerk or Deputy City
Page 1 of 6
Me]
Clerk, must forward the original to the Fair Political Practices Commission and retain a
copy for the City's files.
Under Government Code § 82011(c), the City Council is the code reviewing body with
respect to the Conflict of Interest Code.
C. Review Procedure
Under Government Code § 87306.5, not later than July 1 of each even numbered year,
the City Council must direct the City Clerk, or Deputy City Clerk, to review the Conflict
of Interest Code. The City Clerk or Deputy City Clerk must submit an amended Conflict
of Interest Code to the City Council if a change in the Conflict of Interest Code is
necessitated by changed circumstance. If changes are not required, the City Clerk or
Deputy City Clerk must submit a written statement to that effect to the City Council not
later than October 1 of the same year.
D. Designated Positions
The following positions entail the making or participation in the making of decisions that
may have a foreseeable material effect on the officials or officer's financial interests.
COUNCIL, COMMISSIONS, COMMITTEES, & BOARDS
Members of the City Council
Members of the Planning Commission
Members of the Aviation Safety and Noise Abatement Committee
Members of the Capital Improvement Program Advisory Committee
Members of the Community Cable AdviseFy Gpmmittee (deleted)
Members of the Disaster Committee
ArTeffi. ef:s f the L'..e F 1 -c 1ajrrn.tet-r�-N&is ••�l (deleted)
Members of the Environmental Committee
Memherc of the Tnvectment A dvi cnry rnmmitte.e
Members of the Library Board of Trustees
Members of the Recreation & Parks Commission
Members of the Senior Housing Board
OFFICE OF THE CITY MANAGER:
City Manager
Assistant City Manager
(listed under Police Department)
OFFICE OF THE CITY ATTORNEY:
City Attorney
Assistant City Attorney
Page 2 of 6
50
OFFICE OF THE CITY CLERK:
City Clerk
Deputy City Clerk II (re -titled position)
OFFICE OF THE CITY TREASURER:
* City Treasurer
Deputy City Treasurer II (re -titled position)
FINANCE DEPARTMENT:
Director of Finance
Fiscal Services Manager
Accounting Manager
Business Services Manager
Purchasing Agent
FIRE DEPARTMENT
Fire Chief
Deputy Fife Qie f (deleted position)
Fire Marshal (added position)
Environment Safety Manager (added position)
Battalion Chiefs)
Mana ement Analst (added position)
HUMAN RESOURCES DEPARTMENT
Director of Human Resources
Human Resources Manager
LIBRARY DEPARTMENT:
Director of Library Services
Librarian
Senior Librarian(s)
PLANNING & BUILDING SAFETY DEPARTMENT:
Director of Planning & Building Safety
Planning Manager
Building Safety Manager
Residential Sound Insulation Manager
Assistant Planner
Associate Planner
Page 3 of 6
51
Building Inspector(s)
Construction Coordinator(s)
Economic Development Analyst
Plan Check Engineer
Planning TeefiRieiavt (deleted position)
Principal Planner
Property Owner Coordinator
RSI Design Coordinator (added position)
License Permit Specialist (added position)
Senior Building Inspector(s)
Senior Plan Check Engineer
POLICE DEPARTMENT
Police Chief
Police Captain(s)
Information Systems Manager (reassigned Information Systems to Police
Department from Office of the City Manager)
PUBLIC WORKS DEPARTMENT
Director of Public Works
Assistant City Engineer
Principal Engineer
General Services Manager
Streets Supervisor
Water Supervisor
Wastewater Supervisor
Management Analyst (added position)
T2 F(\R RATT(-)XT A ATTI PAP TI S DEP 4 R TAAPNTT
1 al\11Y1L1\ 1
Director of Recreation and Parks
Parks Superintendent
Recreation Superintendent
Senior Administrative Analyst (added position)
* Listed in the code for information purposes only. These positions file under
Government Code Section 87200 with the Fair Political Practices Commission.
CONSULTANTS:
All consultants except those included by the City Manager in accordance with the
following procedure:
Page 4 of 6
52
The City Manager may determine in writing that a particular consultant,
although a "designated position," is hired to perform a range of duties that
requires the consultant to fully comply with the disclosure requirements
described in this section. Such written determination must include a
description of the consultant's duties and, based upon that description, a
statement of the extent of disclosure requirements. :The City Manager
determination is a public record and must be retained for public inspection
in the same manner and location as this conflict of interest code.
E. Disclosure Requirements
Designated employees must disclose all interests as required by the Political Reform Act
and regulations promulgated thereto. When a new position classification is created by the
Human Resources Department for City Council approval, the Human Resources
Department will recommend that the City Council decide whether the new position will
be required to file a Statement of Economic Interest and be included as a designated
position in the Conflict of Interest Code.
When the City Council establishes a Commission, Committee, or Board, the City Council
will decide whether the members of the Commission, Committee or Boards be included
as a designated position in the Conflict of Interest Code and the members of the
Commission, Committee or Board so designated by the City Council, will be required to
file a Statement of Economic Interest."
SECTION 3: Resolution No. 4778 (adopted July 17, 2012) and any other resolution or policy
purporting to establish a conflict of interest code, are superseded by this Resolution and thus
repealed in their entirety.
SECTION 4: Repeal of any provision of any resolution or policy herein will not affect any
penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before, this Resolution's effective date. Any such repealed
,mart �r,�ll remain in fiµll iPnr�e and -Ffert fnr niztn;n;na artinn nr nrncPriitina violations, nov.1grrin
y--a_ r �a -
before the effective date of this Resolution.
SECTION 5: The City Clerk will certify to the passage and adoption of this Resolution and
enter it into the book of original resolutions.
SECTION 6: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 16th day of 2014.��
n
ATTEST:
W4WAP
S uzann uentes, Mayor
Page 5 of 6
53
—C)A&W
Tracy Weaver, City Cl#k
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
Karl H. B r er, Assistant Cit Attorney
g Y
Page 6 of 6
54
-jr PT- it,, Ao ; "►
EL SEGUNDO CITY COUNCIL MEETING DATE: st 5,_ 2014
AGENDA STATEMENT AGENDA HEADING: Consent Agenda
AGENDA DESCRIPTION:
Consideration and possible action regarding the adoption of a Conflict of Interest Code
required by The Political Reform Act (Government Code Section 81000 et. seq.)
rescinding Resolution No. 4778, and adopting a new resolution approving a new Conflict
of Interest Code. (Fiscal Impact: None)
RECOMMENDED COUNCIL ACTION:
1. Adopt resolution;
2. Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
Draft Resolution
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Cathy Domann, Deputy City Clerk II
REVIEWED BY: Tracy Weaver, City Clerk O
APPROVED BY: Greg Carpenter, City Manager
BACKGROUND AND DISCUSSION:
The California Government Code requires that no later than July of each even numbered year,
the City Council shall direct the City Clerk to review and recommend changes to the City's
Conflict of Interest Code to be adopted no later than October 1, 2014. The City's Code lists
certain "designated employees" that make or participate in the making of decisions which may
foreseeably have a material effect on economic interests. The City's Code supplements state law
(which already requires certain City officials to file conflict of interest disclosure statements) and
its requirements are in addition to other requirements of the Political Reform Act ("PRA"), such
as a general prohibition against conflicts of interest.
Since the update of the Code in 2012, the City Clerk's office has reviewed the current Code and
is recommending the following changes resulting from the addition or deletion of designated
positions pursuant to Government Code Section 87302. The addition of the new class
specification of RSI Design Coordinator, the elimination of the Deputy Fire Chief class
specification, and the re -titled class specifications of Deputy City Clerk II (formerly Deputy City
Clerk) and Deputy City Treasurer II (formerly Deputy City Treasurer). The class specifications
of Fire Marshal, and Environmental Safety Manager were inadvertently left off the last code
HEW
6�7
update. It has also been determined that the position of License Permit Specialist should be
added and the position of Planning Technician should be deleted.
Additionally, the City Manager, in consultation with the City Attorney, is recommending that
members of certain advisory committees, such as the Economic Development Advisory Council
and the Community Cable Advisory Committee, be removed from the list of designated
employees. As a code reviewing body, the City may exempt certain bodies from its conflict of
interest code, provided that the body does not make final governmental decisions, compel or
prevent governmental decisions, or make substantive recommendations that are, and over an
extended period of time have been, regularly approved without significant amendment or
modification by the City Council (FPPC Regs. § 18701(a)(1)(A)).
With regard to the Economic Development Advisory Council and the Community Cable
Advisory Committee, these committees are solely advisory committees and do not possess
decisionmaking authority as defined by the Fair Political Practices Commission. Indeed, a
review of these committees' by-laws and reports to the City Council confirm that they are
exclusively advisory committees. Accordingly, the City Manager has determined that they are
exempt from the disclosure regulations of the PRA. This exemption shall remain in effect until
the basis for the grant of exemption no longer exists or the expiration of two years, whichever
occurs earlier.
W
EL SEGUNDO CITY COUNCIL
AGENDA STATEMENT
AGENDA DESCRIPTION:
MEETING DATE: November 20, 2018
AGENDA HEADING: Reports City Clerk
Consideration and possible action regarding adoption of an ordinance to take effect
immediately consolidating future standalone municipal elections in the City with
statewide March even year elections effective 2020 to comply with California Voter
Participation Rights Act (California State Senate Bill 415).
(Fiscal Impact: N/A)
RECOMMENDED COUNCIL ACTION:
1) Adopt an ordinance to take effect immediately establishing the new General Municipal
Election Dates to be held in March of even years beginning in March 2020.
2) Alternatively, discuss and take other action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1) Proposed Ordinance
2) Ordinance 1563
3) Email notification from Election Consultant Martin & Chapman
FISCAL IMPACT: Included in adopted Fiscal Year 2017/2018 Budget
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal 1A:
El Segundo provides unparalleled service to internal and external
customers.
Objective I:
City operations are unified and integrated.
ORIGINATED BY:
Mona Shilling, Deputy City Clerk Il -
APPROVED BY:
Tracy Weaver, City Clerk2
REVIEWED BY:
City Attorney's Office
REVIEWED BY:
Greg Carpenter, City Manager,
BACKGROUND AND DISCUSSION:
On September 1, 2015, Governor Brown signed into law Senate Bill No. 415 (Hueso) regarding
consolidation of municipal elections with statewide elections. Commencing January 1, 2018, SB
415 requires certain political subdivisions, as defined, to hold an election on a statewide election
date no later than November 8, 2022. Under SB 415, those political subdivisions that hold their
57
general municipal elections on a non -statewide general election date may continue to do so
between now and 2022, provided they adopt a plan to consolidate, and the plan is adopted by
January 1, 2018.
In response to SB 415, on September 5, 2017, the City Council considered when to schedule the
City's upcoming General Municipal Elections. At the time of the meeting, the City Council had
two options: either June or November of even -numbered years, because those were the "statewide
general elections" provided for in state law. The City Clerk and staff recommended November for
various reasons, one of them being pending legislation to move the June statewide election to a
different month of even -numbered years. However at the meeting, the City Council introduced an
ordinance establishing the General Municipal Election in June starting in 2022.
Separately, the Governor signed SB 568 (Lara) into law on September 27, 2017. SB 568 takes
effect in 2019. SB 568 changed the dates of the statewide general election. Starting in 2019, those
will be the first Tuesday after the first Monday in March in each -even numbered year or the first
Tuesday after the first Monday in November in each even -numbered year.
Because the legislation eliminated June as a statewide election date starting in 2019 and the
upcoming City's Stand Alone Municipal Election scheduled for April 10, 2018 effected the Terms
of Office for the newly elected Council Members, on December 17, 2018, staff recommended that
the City Council adopt an ordinance establishing either March or November in even -numbered
years as the City's General Municipal Election, starting in 2022. The Council adopted Ordinance
No. 1563 to take effect immediately establishing the first Tuesday after the first Monday in
March of even -numbered years beginning in March 2022; amending Title 1 of the El Segundo
Municipal Code; Requesting consolidation with Los Angeles County pursuant to Elections Code
Section 10403: and repealing Ordinance No. 1557.
On July 25, 2018 the City's election consultant, Martin and & Chapman Co, sent an email
notification announcing they would be closing effective December 2018. The City Clerk's office
believes there is no other option but to consolidate with Los Angeles County for our next
General Municipal Election to the first Tuesday after the first Monday in March of even -
numbered years beginning in March 2020 rather than 2022. Because state law allows ordinances
relating to an election to take effect immediately, if adopted, the proposed ordinance would take
effect immediately (Gov. Code § 36937).
RECOMMENDATION:
The City Clerk's Office is recommending that the City Council adopt an ordinance to take effect
immediately establishing the date of the City's General Municipal Elections for the first Tuesday
after the first Monday in March of even -numbered years and consolidate with the County of Los
Angeles in 2020.
ORDINANCE NO.
AN ORDINANCE ESTABLISHING THE DATE OF THE CITY'S
GENERAL MUNICIPAL ELECTION TO THE FIRST TUESDAY
AFTER THE FIRST MONDAY IN MARCH OF EVEN -NUMBERED
YEARS BEGINNING IN MARCH 2020; AMENDING TITLE 1 OF
THE EL SEGUNDO MUNICIPAL CODE; REQUESTING
CONSOLIDATION WITH LOS ANGELES COUNTY PURSUANT
TO ELECTIONS CODE SECTION 10403; AND REPEALING
ORDINANCE NO. 1563.
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. The general municipal elections for the City of EI Segundo are currently held
the second Tuesday of April in each even -numbered year;
B. Government Code § 14052 prohibits a city from holding an election other
than on a statewide election date, if holding an election on a non -concurrent
date has previously resulted in voter turnout for a regularly scheduled
election in that city, being at least 25% less than the average voter turnout
within the city for the previous four statewide general elections;
C. The City did not meet the qualifying criteria to continue to conduct stand-
alone elections and is legally required to move its elections to the date of
the statewide general election,
D. On September 27, 2017, the Governor signed Senate Bill 568 (Lara) into
law; starting in 2019, statewide election dates will be in March and November
in each even -numbered year;
E. The City desires to change its municipal election to the first Tuesday after
the first Monday in March in even -numbered years starting in 2020, an
established election date listed in Elections Code § 1000 and the date of
the statewide general election;
F. In order to accomplish the change in election date, the term of City Council
Members elected in April 2016 and 2018, who would otherwise be up for
election in April 2020 and 2022, would instead expire in March 2020 and
2022.
SECTION 2: Environmental Assessment. Adoption of the proposed Ordinance is
statutorily exempt from further environmental review under the California Environmental
Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA
Guidelines (14 California Code of Regulations §§15000, et seq.), because the proposed
Ordinance would amend the EI Segundo Municipal Code as far as timing of the City's
election, and it can be seen with certainty that there is no possibility that the Ordinance
will have a significant effect on the environment.
M
SECTION 3: ESMC Title 1 (Administration and Personnel), Chapter 4A (Elections), is
amended as follows:
Chapter 4A: ELECTIONS.
Section 1-4A-1: Beginning in March 2022 2020, general municipal elections
for the election of Council members, the City Clerk and the City Treasurer,
and for such purposes as the City Council may prescribe, will be held in the
City on the first Tuesday after the first Monday in March in each even -
numbered year.
SECTION 4: Adjustment of Terms of Office. In accordance with Elections Code §§ 1301
and 10403.5(d), due to the change of election date, the terms of office of those elected
officials of the City elected in April 2016 and 2018, whose terms would previously have
expired in April 2020 and 2022, respectively, will instead expire at the Council meeting
after receipt of the certification of the results of the March 2020 and 2022 General
Municipal Election and upon administration of oaths of office.
SECTION 5: Consolidated Election. Pursuant to Elections Code § 1301, the City Council
requests the County of Los Angeles approve consolidation of the City's March City
Council election with the statewide general election conducted by the County in March of
each even -numbered year.
SECTION 6: Notice to Voters. Pursuant to Elections Code § 10403.5, within 30 days after
this Ordinance becomes effective, the City Clerk must cause a notice to be mailed to all
registered voters of the City of EI Segundo (pursuant to the last report of registration by
the County Clerk to the Secretary of State) informing the voters of the change in the
election date. The notice must also inform the voters that as a result in the change in
election date, elected city officeholders' terms in office will be changed.
SECTION 7: Date of the First City Council Election in March. If this Ordinance becomes
effective, the first City Council election to be held in March will be March 3, 2020.
SECTION 8: Request to the County. The City Clerk is directed to forward, without delay,
a certified copy of this Ordinance to the Los Angeles County Board of Supervisors and
the County Election Department.
SECTION 9: Ordinance No. 1563, adopted by the City Council on December 19, 2017,
is hereby repealed.
SECTION 10: Construction. This ordinance must be broadly construed in order to
achieve the purposes stated in this ordinance. It is the City Council's intent that the
provisions of this ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this ordinance.
SECTION11: Severability. If any part of this ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
E
WE
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this ordinance are severable.
SECTION 12: The City Clerk is directed to certify the passage and adoption of this
ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within 15
days after the passage and adoption of this ordinance, cause it to be published or posted
in accordance with California law.
SECTION 13: Pursuant to Government Code § 36937(a), this Ordinance takes effect
immediately upon adoption.
PASSED AND ADOPTED this day of 2018.
Drew Boyles, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. was duly introduced by said City Council at a regular meeting held
on the day of , 2018, and 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 day of 2018, and the same
was so passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Tracy Weaver, City Clerk
APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
3
61
ORDINANCE NO. 1563
AN ORDINANCE ESTABLISHING THE DATE OF THE CITY'S
GENERAL MUNICIPAL ELECTION TO THE FIRST TUESDAY
AFTER THE FIRST MONDAY IN MARCH OF EVEN -NUMBERED
YEARS BEGINNING IN MARCH 2022; AMENDING TITLE 1 OF
THE EL SEGUNDO MUNICIPAL CODE; REQUESTING
CONSOLIDATION WITH LOS ANGELES COUNTY PURSUANT
TO ELECTIONS CODE SECTION 10403; AND REPEALING
ORDINANCE NO. 1557.
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1 The City Council finds and declares as follows:
A. The general municipal elections for the City of EI Segundo are currently held
the second Tuesday of April in each even -numbered year;
B. Government Code § 14052 prohibits a city from holding an election other
than on a statewide election date, if holding an election on a non -concurrent
date has previously resulted in voter turnout for a regularly scheduled
election in that city, being at least 25% less than the average voter turnout
within the city for the previous four statewide general elections;
C. The City did not meet the qualifying criteria to continue to conduct stand-
alone elections and is legally required to move its elections to the date of
the statewide general election;
D. On September 27, 2017, the Governor signed Senate Bill 568 (Lara) into
law; starting in 2019, statewide election dates will be in March and November
in each even -numbered year;
E. The City desires to change its municipal election to the first Tuesday after
the first Monday in March in even -numbered years starting in 2022, an
established election date listed in Elections Code § 1000 and the date of
the statewide general election;
F. In order to accomplish the change in election date, the term of -City Council
Members elected in April 2018, who would otherwise be up for election in
April 2022, would instead expire in March 2022.
SECTION 2: Environmental Assessment. Adoption of the proposed Ordinance is
statutorily exempt from further environmental review under the California Environmental
Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA
Guidelines (14 California Code of Regulations §§15000, et seq.), because the proposed
Ordinance would amend the EI Segundo Municipal Code as far as timing of the City's
election, and it can be seen with certainty that there is no possibility that the Ordinance
will have a significant effect on the environment.
-A
ORDINANCE NO. 1563
Page 2 of 3
SECTION 3: ESMC Title 1 (Administration and Personnel), Chapter 4A (Elections), is
amended as follows:
Chapter 4A: ELECTIONS.
Section 1-4A-1: Beginning in March 2022, general municipal elections for
the election of Council members, the City Clerk and the City Treasurer, and
for such purposes as the City Council may prescribe, will be held in the City
on the first Tuesday after the first Monday in March in each even -numbered
year.
SECTION 4: Adjustment of Terms of Office. In accordance with Elections Code §§ 1301
and 10403.5(d), due to the change of election date, the terms of office of those members
of the City Council elected in April 2018, whose terms would previously have expired in
April 2022, will instead expire at the Council meeting after receipt of the certification of
the results of the March 2022 General Municipal Election and upon administration of
oaths of office.
SECTION 5: Consolidated Election. Pursuant to Elections Code § 1301, the City Council
requests the County of Los Angeles approve consolidation of the City's March City
Council election with the statewide general election conducted by the County in March of
each even -numbered year.
SECTION 6: Notice to Voters. Pursuant to Elections Code § 10403.5, within 30 days after
this Ordinance becomes effective, the City Clerk must cause a notice to be mailed to all
registered voters of the City of EI Segundo (pursuant to the last report of registration by
the County Clerk to the Secretary of State) informing the voters of the change in the
election date. The notice must also inform the voters that as a result in the change in
election date, elected city officeholders' terms in office will be changed.
SECTION 7: Date of the First City Council Election in March. If this Ordinance becomes
effective, the first City Council election to be held in March will be March, 8 2022.
SECTION 8: Request to the County. The City Clerk is directed to forward, without delay,
a certified copy of this Ordinance to the Los Angeles County Board of Supervisors and
the County Election Department.
SECTION 9: Ordinance No. 1557, adopted by the City Council on October 3, 2017, is
hereby repealed.
SECTION 10: Construction, This ordinance must be broadly construed in order to
achieve the purposes stated in this ordinance. It is the City Council's intent that the
provisions of this ordinance be interpreted or implemented by the City and others in a
manner that facilitates the purposes set forth in this ordinance.
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ORDINANCE NO. 1563
Page 3 of 3
SECTION 11: Severability. If any part of this ordinance or its application is deemed
invalid by a court of competent jurisdiction, the City Council intends that such invalidity
will not affect the effectiveness of the remaining provisions or applications and, to this
end, the provisions of this ordinance are severable.
SECTION 12: The City Clerk is directed to certify the passage and adoption of this
ordinance; cause it to be entered into the City of EI Segundo's book of original ordinances;
make a note of the passage and adoption in the records of this meeting; and, within 15
days after the passage and adoption of this ordinance, cause it to be published or posted
in accordance with California law.
SECTION 13: Pursuant to Government Code § 36937(a), this Ordinance takes effect
immediately upon adoption.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1563 this 19th day of
December, 2017.
5ii a ne, Fuentes, Mayor
ATTEST:
�] z '-
Tracy, eaCi Clem
APPROVED AS TO FORM'.
Mark D. Hensley, City Attorney
ME
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Tracy Weaver, City Clerk of the City of EI Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1563 was duly passed, approved and adopted by said City Council at a
regular meeting held on the 19th day of December, 2017, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES. Mayor Fuentes, Mayor Pro Tem Boyles, Council Member Brann, Council
Member Dugan and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of December,
2017.
;Ar* W"verCity Clerk
af.l:l'ie City of �A6gL,ndo,
f ��alifornia
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Shilling, Mona
From:
Scott Martin <Scott@martinchapman.com>
Sent:
Thursday, July 19, 2018 6:13 PM
To:
Hidden Hills - Deana Graybill (staff@ hidden hiIIscity.org); Lakewood - Jo Mayberry
(JMayberr@lakewoodcity.org); Manhattan Beach - Liza Tamura Tamura
(Itamura@citymb.info); Lauren Pettit; Rolling Hills - Yvette Hall (yhall@cityofrh.net);
South Gate - Carmen Avalos (cavalos@sogate.org); West Hollywood - Melissa Crowder
(MCrowder@weho.org); West Hollywood - Yvonne Quarker (yquarker@weho.org);
Signal Hill - Kim Boles (kboles@cityofsignalhill.org); Redondo Beach - Eleanor Manzano
(eleanor.manzano@redondo.org); Redondo Beach - Vickie Kroneberger
(Vickie.Krone berger@redo ndo.org); Inglewood - Yvonne Horton
(yhorton@Cityofinglewood.org); Inglewood - Aisha Thompson
(aphillips@cityofinglewood.org); Vernon - Maria Ayala (mayala@ci.vernon.ca.us); Vernon
Office of the City Clerk (cityclerk@ci.vernon.ca.us); Compton - Alita Godwin
(agodwin@comptoncity.org); Industry - Diane Schlichting
(dschlichting@cityofindustry.org); Arcadia - Lisa Mussenden
(Imussenden@ci.arcadia.ca.us); Arcadia - Linda Rodriguez (Irodriguez@arcadiaca.gov);
Avalon - Denise Radde (dradde@cityofavalon.com); Gabrielle Morones; Culver City -
Jeremy Green Oeremy.green@culvercity.org); Shilling, Mona; Weaver, Tracy (City Clerk);
Lancaster - Britt Avrit (bavrit@cityoflancasterca.org); Sierra Madre - Laura Aguilar
(laguilar@cityofsierramadre.com); Sierra Madre - Ruby Velasquez
(rvelasquez@cityofsierramadre.com); Ipope@cityofwhittier.org; Whittier - Rigoberto
Garcia (rgarcia@cityofwhittier.org); gladwe114@aol.com
Cc:
Ben Horwich; Dan Pabich; Erin Picon; Judy Martin; Kristin Martin; Pat Martin; Ryan
Martin; Scott Martin
Subject:
2019 and 2020 Standalone Elections
Hi All Standalone Election Cities
It is with a heavy heart that Martin & Chapman Co. announces the closing in December of Martin & Chapman Co. after
63 wonderful years. This has been a very hard decision for us to make. We have spent many days and hours going
through projections, and this is the only option for us.
We thank you for your ongoing and continued support and friendship over the many years, both you now and the city
clerks of your city before you.
As you may or may not be aware, 4 large standalone charter cities had measures on the June 2018 ballot to move their
elections to coincide with statewide elections per SB 415, the California Voter Participation Rights Act. The measures all
passed in each city. Thus these 4 large cities will be skipping their elections in 2019 and their future elections will be held
on a statewide election date in March or November of 2020.
Over the past 18 months all but 1 general law city in Los Angeles County who have had standalone alone elections in the
odd years have adopted ordinances moving their election dates forward to a statewide election date in either March or
November of 2020. And there are only 3 general law cities with standalone elections scheduled in April of the even
years are left.
There are only 9 cities left with elections scheduled for March 2019, and 4 of them historically cancel their elections due
to lack of candidates. And there are rumors of another countywide election in March 2019, again taking business away
from M&C. This has had a huge impact on M&C. The income stream that has supported us for the past 63 years will have
disappeared.
•T
March odd year cities - we encourage you to get your cost estimates from the county for your 2019 standalone
elections, or change your election dates now, before nominations open in early November.
April even year cities — we encourage you to change your election dates now, as the county may not be able to assist
you in April 2020 as they will be coming off their Presidential Primary Election 8 weeks earlier in March.
For those of you who have already adopted ordinances moving your elections dates after your 2019 elections, it might
be cheaper to redo the ordinances, get them reapproved by the BOS and mail new notices out than it will be to pay the
county their high costs to conduct your standalone elections in 2019, unless they do have a countywide election in
March.
We will have nomination supplies available for all the 2019 cities later this year, after legislation closes, but there will not
be any workshops and most likely no updating of the Election Handbook for 2019, unless something changes later this
year. We have commitments to fulfill with all of our county customers for the November Governor's Election, so staff
will be here through the end of December for any consulting needs.
Sorry if some of you have gotten this more than once, trying to make sure everyone is notified.
More information will be forthcoming over the next few months.
P.S. — this is my last email for a month, as Judy and I are going out of the country for 3+ weeks, leaving all electronics
behind!!
Regards,
.Scott nvLd Ten VI& MC
homt nice
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