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Home My WebLink AboutRESO 5955ORIGINAL RESOLUTION ~O. 5955 RESOLUTION OF TRE COUNCIL OF THE ~IfY OF PALO ALTO AMENDING SECTION 1601 OF THE MERIT SYSTEM RULES AND REGULATIONS RE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALO ALTO AND THE PALO ALTO PEACE OFFICERS' ASSOCIATION AND ADOPTING THE DECISIONS OF THE BOARD OF ARBITRATION The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Chapter 1601 of Chapter 16 of the Merit System Rules ~nd Regulations hereby is amended to read as follows: •1601. Memorandum of understanding i~cOrPQrated by reference. That certain' memorandum ol under- standing 6y and between the City of Palo Alto and Palo Alto Peace Officers' Association, consisting of Preamble and Article I through XIX, being six pages in length, for a term commencing July 1, 1980, and expiring June 30, 1982, hereby is in- corporated into these Merit System Rules and Regulations by reference as though fully set forth herein~ Said memorandum shall apply to all employees in classifications of police officer, police agent and police sergeant except where specifically provided otherwise herein. •rn the case of conflict witL this chapter and any other provisions of the Merit System Rules and Regulations, this chapter will prevail over such other provisions as to employees represented by said Palo Alto Peace Officers' Association.R SECTION 2. The Council hereby adopts the arbitration award as set forth in the Decisions of the Board of Arbitration, attached hereto and made a part hereof by reference. SECTION 3. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 4. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environ- mental impact assessment is necessary. INTRODUCED AND PASSED: September 14, 1981 AYES: Bechtel, Fazzino, Fletcher, Henderson, Klein, Levy, Renzel, Witherspoon NOES: None ABSTENTIONS: None ABSENT: Eyerly APPROVED: APPROVED AS TO FORM: fh.~/I.~ MEMORANDUM OF UNDERSTANDING CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS' ASSOCIATION July 1, 1980 -June 30, 1982 PREAMBLE This Memorandum of Understand;ng is pursuant and subject to Sect;ons 3500-35~0 of the Government Coda of the State of Cal;fornia, the Charter of the City of Palo Alto, and the City of Palo Alto Merit System Rules and Regulat;ons. This Memorandum of Understanding made and entered into at Palo Alto, Cal;fornia, by and between the City cf Palo Alto> a municipal corporation> hereinafter referred to as the CITY and the Palo Alto Peace Officers• Association, Incorporated. a California corporation, hereinafter referred to as the ASSOCIATION, is intended to define agree- ments reached during the meet and confer process concerning wages, hours, l«>rking conditions, and other terms and conditions of employment for the represented group of employees. ARTICLE I. RECOGNITION Pursuant to Sections 3500-3510 of the Government Code of the State of California, the Charter of the City of Palo Alto, and the City of Palo Alto Mer·it System Rules and Regulations, the City recognizes the Association as the exclusive representative of an employee group consisting solely of Police Officers. Police Agents, and Police Sergeants who are regularly employed by the City and others who might be amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. ARTICLE II. EQUAL OPPORTUNITY The provisions of this Memorandum of Understanding ~~~11 be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, age, handicap, national origin, political or religious opinion, or affiliations. ARTICLE III. FULL UNDERSTANDING . Section 1. The Mell'Orandum of Understanding contains the full and entire understand-ing of the parties regarding the matters set forth herein. Existing practices and/or benefits which are not referenced in the Memorandum of Understanding and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process. The City assures the Association that unless changes are warranted by operational necessity, ft does not intend, nor does it anti- cipate, during the ter., of thf s Memorandum of Understanding any change, modification, or cancellation of wayes, hours, and working conditions which are subject to meet and confer and which are presently in effect or contained in this Memorandum. MEMORANDUM OF UNDERSTANDING CITY OF PALO ALTO and PAPOA July 1, 1980 -June 30, 1982 Page Two Section 2. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Understanding be administered and observed in good faith. Section 3. Nothing in this agreement shall preclude the parties from mutually agree- ing to meet and confE~ on any subject within the scope of representation during the tenn of this agreement. ARTICLE IV. SALARY PROVISIONS Section 1. Effective beginning July l, 1980, a salary increase of 9.5% will be applied to the E-Step of the salary ranges of the following classifications: POLICE OFFICER, POLICE AGENT, and POLICE SERGEANT. E-Step hourly maximums will be as follows: Police Officer Pol i ce Agent Police Sergeant $11.23 -$1946 approx. $12.55 -$2175 approx. $13.39 -$2320 approx. Section 2. Effective beginnin9 July 1, 1981, a salary increase of 10'1 will be applied to the E-Step of the salary ranges of the following classifications: POLICE OFFICER. POLICE AGENT, and POLICE SERGEANT. E-Step hourly maximums will be as follows: Police Officer Police Agent Po 1 i ce Sergeant $12.35 -$2140 approx. $13.81 -$2393 approx. $14.73 -$2553 approx. The retroactive application of the above salary increases shall apply to any person who is or was employed within the Unit as of July 1, 1980. ARTICLE V. ANNUAL ADJUSTMENT Annually. each employee who holds a regular full-time appointment fn the munic1pal service on or before July first and continues in such status through the first pay period in December shall receive, in addition to the salary prescribed herein, a sa"lary adjustment equal to one percent (lS) of the employee's current annual salary; or at the employee's option and subject to management approval, 24 hours paid leave to be used prior to the January 31 following. Annual adjustments or time off shall be prorated to reflect appointment from January 1 through .July l of the current year, or interrupted service during the year. . , MEMORANDUM OF UNDERSTANDING CITY OF PALO ALTO and PAPOA July 1, 1980 -June 30, 1982 Page Three ARTICLE VI. NIGHT DIFFERENTIAL Vacation pay for employaes who regularly work night shifts shall include approp- riate night shift premiums, relating to night shift hours regularly worked. ARTICLE VII. WORKING OUT OF CLASSIFICATION Seven percent out-of-class pay for working in a higher classification shall be paid from the first shift to a person given a formal interim appointment. If an individual other than a fonnal interim appointee works five shifts or less in a 30-day period, he/she shall receive their r~gular pay; however, if he/she works more than five shifts in that 30-day period, he/she shall receive retroactively to the first day worked in that 30-day period seven percent out-of-class pay for work- ing in a higher classification. ARTICLE VIII. WORK SCHEDULE The 10/4 plan is affirmed for purposes of this remand. This issue is remanded to the Parties for 90 days from the date of this Award for the Parties to ascertain if a method can be worked out as to scheduling days off. If the Parties fail to agree, then this matter shall be referred back to the Board of Arbitration with the Parties free at that time to make a different final offer which may not necessarily include the 10/4 plan; and, the Board of Administration shall make a final ~nd bind- ing decisiori on this subject. ARTICLE IX. MEDICAL AND DENTAL PLAN COST INCREASES The City will asst111e any premium cost increases in current City-sponsored medical and dental plans for active representation unit employees during the period of July l, 1980, to June 30, 1982. ARTICLE X. RETIREMENT PLAN AMENDMENT--SINGLE HIGHEST YEAR The City shall provide the one year final compensation amendment (Section 20024.2) to the City-Public Employee Retirement Systan contract effective forthwith for representation unit employees. MEMORANDUM OF UNDERSTANDING CITY OF PALO ALTO and PAPOA July 1, 1980 -June 30, 1982 Page Four ARTICLE XI. RETIREMENT MEDICAL P~ ... The City shall, upon submittal of evidence of payment, reimburse up to $90 per quarter of medical plan premiums on behalf of representation unit employees who retire from the City under sel"Vice or disability retirements after April 1, 1978. The retiree may select any plan. The plan may cover eligible dependents as defined under the City Employees' Health Plan. tk; reimbursements will be made for plans providing benefits other than medical and health benefits. ARTICLE XII. AGENTS Officers' classifications shall be reduced so as to provide 19 Agents. Such Agents shall receive the existing benefits of the Agents' classifications. This provisfon shall be implemented within 30 days of the date of this Award, and 19 Agents shall be maintained until June 30, 1982. ARTICLE XIII. VOCATIONAL INCENTIVE REQUALIFIER Effective beginning with the 1980-81 fiscal year represented employees who possess an Advanced P.O.S.T. Certificate and have met the P.O.S.T. incentive pay qualifica- tions for three consecutive years may meet the requalffication requirements and continue eligibility for incentive pay by possession of a BA/BS degl"E!!and a minimum of ten years service as a peace officer. ARTICLE XIV. PSYCHOLOGICAL COUNSELING PROGRAM A psychological counseling program shall be implemented within 30 days of the date of this Award which shall provide 24-hour emergency counseling by independent profes- sional consultants. If the Parties fail to agree upon the program within such 30 days, the Chairman of the Board of Arbitration shall make a final and binding decision as to the implementation of the program. This program shall be revfewable by the partf es on o~ .. after June 30, 1982. ARTICLE XV. GRIEVANCE PROCEDURE All the time limits for both the employee and management in steps one, two and three of the present grievance procedure shall be ten calendar days. -~ . MEMORANDUM OF UNDERSTANDING CITY OF PALO ALTO and PAPOA July 1, 1980 -June 30, 1982 Page Five ARTICLE XVI. ASSOCIATION SECURilY When a person is hired in ar.y of the covered job classifications, the City shall notify that person that the Associatfon 1s the recognized bargaining representative for the employee in said Unit and give the employee a current copy of the Memorandum of Understanding. Section 1. Payroll Deduction. The City shall deduct Association membership dues and any other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Association. The City shall remit the deducted dues to the Association as soon as possible after deduction. Section 2. Bulletin Boards and Tele~hones. The Association shall have access to existing bulletin boards in Onft emp oyee work areas for the purpose of posting notices or announcements including notices of social events, recreational events, membership meetings, results of elections and reports of minutes of Association meetings. Any other material must have prior approval of the Police Chief. Action on approval wf 11 be taken within 24 hours of submission. City telephones may be used for Association business so long as there is no disrup- tion of work and all toll or message unit calls are charged to the Association credit card. Section 3. Access to Association Representatives. Representatives of the Association are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of w:>rk is involved and the business transacted is other than recruiting of members Oi colle~ting of dues, and the representative narst notify the Personnel Department Offi~e prior to entering the work location. Section 4. Meeting Places. The Association shall have the right to reserve Cfty meeting and conference rooms for use during non-working hours. Such meeting places will be made available 1n confonnity with Cfty 1 s regulations and subject to the limitations of pr1or comnitment. A.~TICLE XVII. REDUCTION IN FORCE In the event of reductions in force, they shall be accomplished wherever possible through attrition. If the work force is reduced within a division for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of perfonning remaining work. Length of service for the purpose of this article will be based on MEMORANDUM OF UNDERSTANDING CITY OF PALO ALTO and PAPOA July 1, 1980 -June 30, 1982 Page Six .. total City service in a regular classification or classifications. Employees laid off due to the above reasons will be given -.. ;·itten notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Association. ARTICLE XVIII. PRINTED AGREEMENT City will provide copies of the Memorandum of Understanding resulting from these negotiations in booklet fonn to all represented employees. ARTICLE XIX . D'JRATION This MenM>randum of Understanding shall become effective July 1, 1980~ and shall remain in effect until June 30, 1982. EXECUTED: FOR: FOR: PALO ALTO PEACE OFFICERS' ASSOCIATION CITY OF PALO ALTO ' •. ,,, In the Matter of an ~rbitration between PALO ALTO PEACE OFFICERS ASSOCI~TION and CITY OF P'\LO ~LTO l J ) J ] J ) J 1 J J 1 ) J J ----~~~----~------~~--~--) ... INTRODUCTION:: OECIS.IOHS OP BOARD OF ~RBITRATION Sa2 Kaqel, Ch~irman Jerome A. Willia~s, Palo Alto Pe~ce Off icerz l\ssoc. J. c. Rounds, City of Palo Alto The Palo Alto Peace Officers Association and the City ·of Plllo Alto .~ntececl into· negotiations for· a Memorandum Of Understanding for tha period of July 1, 1980 to June 30, 1982 • A final proposal arrived at during negotiatiorts failed to receive approval. Accordingly, the Parties entered into arbitration es to those issues in dispute. ~rbitration hearinqs w~re held June J, 4 and 6, 1931. • Extensive briefs were sub~itted by the Parties to the Board of Arbitration, and che Board of Arbitration ha3 held several Executive Sessions. Resulting therefrom are the unanimous Decisions of the 3o~rd of ~rbitration arrived at through the Med-Arb process and within tho ~erimeters of the Parties' finol offers. 1. • .. DECISIONS: ISSUE l --S'L~RIES: a. Effec~ive beginning July 1, 1980; a salary increase of 9.5\ shall be applied to the salary ranges of the following classifications: Police Officer, Police Agent, and Police Secgeant. b. Effective be9innin9 July 1, 1981, a salary increase of IO• shall be ap~lied to the salary ranqes of the ~bove classifications. c. The retr'oac.tive application of the above salary increases shall apply t~_ .. ari~ person who. is or was employed within the.Unit as of July li 1980. ISSUE 2 --AGENTS: .. Officers' classifications shall be reduced so as to provide· 19 Agents. Such Agents shall receive the existing benefits of the Agents' classifications~ Th~~ provision shall be imple- mented within 30 days of the date of this Award, and 19 Agents shall be maintained until June 30, 1982. ISSUE 3 --RETIREMENT PL.l\N AMENDMENT--S!NGLE HIG;;i:,CT YEAR: The City shall provide the one-year Final Comp~nsation Amendment (Section 20024.2) to the City-Public Employee 2. • ··- • ~ Retirement System Contract effective forthwith for Representation Unit Employees. ·. ISSUE 4 --WORKING OUT OP CLASSIFICATION: Seven percent out-of-class pay for working in a hi9her classification shall be paid from the first shift to a person given a formal interim appointment. If an individual other tha~ a formal interim appoir.t.ee works five shifts o~ less in a 30-day period, he/she shall receive their .r .. equ,lar pay; however, i.f he/she works more than five shifts in that 30'-day period, he/she shall receive retroactively to.the first day worked in that 30-day period seven percent out-of-class pay for working in a hi9her classification .. .. ·· . • ISSUE S --VOC~TIONAL INCENTIVE REQUALIFIER: Effective beginning with the 1980-81 fiscal year, represented Employees who possess an Advanced P.O.S.T. Certificate and·have met th~ P.O.S.T. incentive pay qualifications for three consecutive years may meet the requalification requirements and continue eligibility for incentive pay by possession of a B.A./B.S. deqree and a mini- mum of ten years' service as a Peace Officer. 3. • . . . ISSUE 6 --PSYCHOLOGIC~L COUNSELING PR0GRAM: A psychological counseling program shall be implemented within 30 days Of the date of this Award which shall provide 24-hour e~erqency cou~seling by independent professional consultants. If the Parties fail to agree upon the progra~ within such 30 days, the Chairman of the Board of Arbitration shall make a final and binding Decision as to the imple~ent~tion of the program. This p~ogram shall be reviewable by the Parties on or alter June 30, 1982. ISSUE 1 --WORK SCHEDULE: The 10/4 plan is affirmed for purposes of thi~ remand •. This issue is remanded. to tbe Parties for 90 days .from the date of this Award for the Parties to ascertain if a method can be worked out as to scheduling days off. If the Parties fail to• agree, then this matter shall be referred back to the 9oard of Arbitration with the Parties free at that ti~e to ~ake a different final offer which may not necessarily include the 10/4 plapJ and, the Board of Arbitration shall make a final and binding Decision on this subject. * * * 4. • . . . . The above Decisions shall be incorporated in a Memorandu~ of Understanding between the City of Palo Alto and Palo Alto Peace Officers Assopciation, and such Memorandu~ of Understanding shall also contain the following Articles which appear in City Exhibit 1: PREAMBLE ARTICLE I. RECOGNITION ARTICLE II. EQUAL OPPORTUNITY ARTICLE III. FULL UNDERSTANDING ARTICLE V. ANNUAL ~DJOSTMENT ARTICLE VI. NIGHT DIFFERENTIAL ARTICLE IX. MEDICAL ~ND DENTAL PLAN "COST INCREASES ARTICLE· XI. RETIREMENT MEDICAL PLAN ARTICLE XV. GRIEV~~CE PROCEDURE ARTICLE XVI. ASSOCIATION SECURITY ARTICLE XVII. RSDUCTION IN FORCE . ARTICLE XVIII. PRINTED AGREEMENT ARTIICLE XXI. DURATION • The above Decisions are hereby aff irm~d and are final and binding in accordance with the terms· set forth in each of those Decisions. s. • ., , I .. ~/~d Chairman "d .. --· Signed at S..,, ~Al U Dated: ~ugust ......l.l:, 1981 Signed at J'M.:r #lii Dated: August __1.3_,, 981 Signed at Palo All-z:, Dated: August -1:3._, 1981 6. • • •