HomeMy WebLinkAboutRESO 6297' . .
ORIGINAL
RESOLUTION NO. 6297 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1601 OF THE MERIT SYSTEM RULES AND
REGULATIONS REGARDINr THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF t ~.o ALTO AND THE PALO ALTO PEACE
OFFICERS' ASSOCIATION
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1 • Ch:::apter 1601 of Chapter 16 of the Merit System Rules
and ae9ulat1ons is hereby amended to read as follows:
1601. llemorandua of understanding incorporated
by ceference. That certain memorandum of under-
standing by and between the City of Palo Alto and
Palo Al to Peace Officers' Associ ~tion, consisting
of Preamble and Section 1 through 44, being 19
pages in length, for a term commencing Jtily I,
1984, and expiring June 30, 1986, is hereby incor-
porated into these Merit System Rules and Regula-
tions by reference as though fully set forth here-
in. said memorandum shall apply to all employees
in classifications of police officer, police agent
and police serqean~ ex~e~t where specifically pro-
vide~ otherwise ~erein.
In the case of conflict with 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.
SECTION 2. The changes provided for in this resolution shall not
affect any right IEStcablished or accrued, or any offense or act co:umit-
ted, or any penalty of fcrfeiture incurred, or any prosecution, suit,
or proceeding pending or any judgment rendered prior to the effective
date of this resolution.
SECTION 3. The Council finds that this is not a project under the
California Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
INTRODUCED ANO PASSED: August 13, 1984
AYES: Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Witherspoon,
~fool l ey
NOES: None
ABSTENTIONS: None
ABSENT: Bechtel
A~~
Cit ~ ~~ yor
APPROVED AS TO FORM:
~.!~.~
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS' ASSOCIATION
July 1, 1984 -June 30, 1986
.~
SectfOll
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
2Z
23
24
25
26
27
28
TABLE OF COllTENTS
Recogn ft 1 on ....................................... ..
No Dfscrfmination ••..•••.••••••••..•..•..•.•.•....
Association Security •••.••.•.•...•.... -..•••.•••.•.
Payroll Deduction ......... JI •••••••••••••••••• ,., •••••
No Strikes . _ · -............................ ,, ....... .
Probationary Pert od .••••.•••.•...•.•..•..••••..•..
Salary Provisions ••...•....••.•••...........••••.•
Annua 1 Adjust111ent ..................... , • ~ ..•.••••••
Night Shift Dffferentfal ......................... .
Pa 1 d tlO 1 f days •••••••••••••••••• • •••••••••••••••••••
Working Out of Class Pay •••••.•••••..•.••...••....
Educatiryn Incentive Program .••••••••••••••.••••••.
Tuition Reilllbursemnt •••••••••••••••••••••••••••••
Court Pay .••...••.••.•••••...••..•..•.•...........
Health and Life Insurance Plans ••••••.••••••••••••
Dental Benefits ....................................
Ret1 re11ent Benef1 ts ........................ °' ••••••••
Retirement Medical Plan • ; •••••••••.•••.••••••••••
Psychological Counseling Prograa ...••.•..•.•••...
Uni fortrtS •••••• "" ................................... .
Work Schedule ..................................... ..
Field Services Division Shift Assignment •.•••••.••
Overt1111e Pay and CQllpensatory Tilll Off ••••••••••••
Overtf111 Sfgn ... up ..................................... ..
Jury Duty •••••• l ••••••••••••••••••••••••••••••••••
Vacation Accrual •••••••••••••••.•••••••.••••.•••••
Use of Vacat1on ....................................... ..
Vacation Pay at Tent1r~t1on ••••••.•••••••••.••••••
!Y!
1
1
1
2
2
2
2
3
J
3
4
4
4
5
5
5
5
6
6
6
6
7
7
8
8
8
8
g
Section
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
-2-
Vacation Benefits for Deceased Employees ......... .
Effect of Extended Military Leave ••.••••..•.•.••..
51 ck Leave .....................•.••. • · ..•...•..••.
Leaves of Absence Without Pay ...••••.••.•••..•.•.•
Leave of Absence With Pay .•..•.........••....•..••
Reductf on f n Force ........................•.......
Agents .................................. -...•••...
Parking in Civic Center Garage ................... .
o;scfplinary Action and Unsatisfactory
Work or Conduct ................................. ..
Grievance Procedure ..•.••••••.••••••••••.••...•.••
Bulletin Boards and Telephones ••.••••••••••.•..•••
Access to Association Representatives .•..•••••..••
Jteet 1 ng Pl aces ......... , ••...•.•..•.••.•.•.....•..•
Full Understanding ............................... .
Pr1 nted Agre&D11nt .................................. .
Duration .. · ........................................ .
!!I!
9
9
9
11
12
13
13
13
13
15
18
18
18
18
19
19
, ....
..
MEMORANDUM Of AGREEMENT
CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS• ASSOCIATION •
July 1, 1984 -June 30, 1986
PREAMBLE
This Memorandiin of Agreement is pursuant to and subject to Sections 3500-3510 of
the Government Code of the State of Calffornia, the Charter of the City of Palo
Altot an~ the City of Palo Alto Merit System Rules and Regulations.
This 11emorandi.111 of Agreement made and entered into at Palo Alto, California, by
and between the City of Palo Alto, a municipal corporation (hereinafter referred
to as "City") and the Palo Alto Peace Officers• Associatio:i, Incorporated. a
California corporation {hereinafter referred to as "Association"), is intended to
deftne agreements reached during the meet and confer process concerning wages,
hours, working conditions, and other ter111s ar.d conditions of employment for the
represented group of employees.
Section 1. Recognition
The City recognizes the Associat;on as the exclus;ve representative of on
employee group consisting solely of Police Officers. Police Agents, and Pol ice
Sergeants ~o are regularly e11ployed by the City and others Mho might be anended
into the representation unit from time to time under existing law and the Merit
System Rules and Regulations.
Section 2~ No Discrimination
(a) The Asso=idtion and the City hereby agree that there shall be no
d1scrim1nation because of race, color, age, handicap, sex, national origin,
polit1ca1 or religious affiliation under this Agreement. There shall be no
discr1mfnat1on 1n employment conditions or treatment of employees on the
basis of membership or non"""'embership in the Association, or participation
in the lawful act1vities of the Association.
{b) The Association and the City hereby agree to protect the rights.of all
employees to exercise their free choice to join t~ Association and to abtde
by the express provisions of applicable State and local laws.
Sectioo 3 •. Assoc1ation SecuritJ
When a person is hired in any, of the covered job classifications. the City shall
notify that ~rson that the Association is the recogniied bargaining
representative for the employee 1n said Unit and give the employee a current c~~Y
of the Hemorandt.n of Agreement.
MEMORANDUM OF AGREEMENT
Page 2
Section 4. Payroll L>eduction
The City shall deduct Association membership dues and any other mutually agrP.ed
upon payroll deduction from the bi-weekly pay of member einploye~s. The dues
deduction must be authorized 1n writing by the employee on an authortzation card
acceptable to the City and the Association. The City shall remit the deductP.d
dues to the Association as soon as possible after deduction.
Section 5. No Strikes
The Association~ its representatives, or members, shall not engage in or cause,
instigate, enccurage. sanction, or condone a strike, wit~holding of services,
concerted abuse of leave of absence provisions, work stoppage or i«>rk slowdown of
any kind. No employee shall refuse to cross any picket line in the conduct of
Police Oepartment business, nor shall the Association, its representat;ves, or
members discriminate in any way towar"1 anyone who refuses to participate in a
strike, or any of the job actions cited above.
Section 6. Probationary Period
(a) The probationary period for new eqiployees entering the classification of
Police Officer sha11 end 12 months following the successful completion of
Police Academy training. The probationary period for lateral entry
positions, where Police Acad~ training is waived. shall be 12 months.
i (b) The probationary period shall be regarded as part of the testing process and
shall be utilized for closely observing all aspects of the etitployee's
qualifications, for ensuring the effective adjustment of a new aaployee to
the position a~ for rejecting any probationary employee who in the opinion
of management is not suitable to atta1n penqanent status.
(c) During the probatfonary period a new eaployee may be terminated at any time
by the appointing authority without causo. The existence of cause for
termination shall not be arb1trable.
Probationary employees shall not be ter•inated for reasons that violate
Section 2. (No Discrimination) of this Agree.ent, or for reasons th~t ar~
unconstitutfonal or unlawful.
Section 7. Salary Provisions
(a) Effective beginning June 23, 1984, a salary 1ncrease of 5~ w111 be applied
to the salary ranges of the following classifications: Pol~ce Officer,
Police Agent. and Police Sergeant. E-Step hourly maxi11llns will be as
follows:
Police Officer
Po 11 ce Agent
Pol1ce sergeant
$14.24
$15.93
$16.99
MEMORANDUM OF AGREEMENT
Page 3
(b) Effective beginning with the pay period including ,July 1, 1905, a salary
increase of 5~ will be applied to the salary ranges o'f the following
classifications: Police Officer. Police Agent, and Police Sergeant. ~xcept
that for the July 1, 1985 adjustment, if the San Francisco-Oakland ConslJ'Tler
Price Index for All Urban Cons1JT1ers (CPIU) for the time period from June
1984 to June 1985 changes by less than +3% or more than +73, negotiations
will be reopened with the or.ly issue bP.ing the amount of the salary
adjustment. Unless the exception is triggered, E-Step hourly mar.imins will
be as follows:
Police Officer
Police Agent
Police Sergeant
$14.96
$16.73
$17. 84
Section 8. Annual Adjustment
Annually, each anpioyee who holds a regular full-time appointment in the
munic1pal service on or before July first and continues in such status through
the first pay period 1n December shall receive. in addition to the salary
J.-rescribed herein, a salary adjustn1ent equal to one perr.ent (1%) of the
employee's current annuai salary; or at the enployee 1 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 Juiy 1 of the current year, or interrupted
service during the year.
Section 9. Night Shift Differential
Uight shift differential shall be paid at the rate of 5% to r:epresented classes
for all hours worked between 6:00 p.m. and 8:00 a.m. Vacation pay for employees
who regularly work night shifts shall include a~propriate night shift premiLJns,
relating to night shift hours regularly worked.
Section 10. Paid Holidays
(a) The following holidays are recognized for pay purposes. Represented
employees shall have these days off with pay, except as otherwise provided
in section ll(c).
January 1
Third Monday in February
Last Monday in May
July 4
First rtmday in September
September 9
Second Monday in October
November 11
Thanksgiving Day
Day after Thanksgiving Day
December 25
In the event that any of the aforementio~ed days falls on a Sunday, the
following Monday shall be considered a holiday for pay purposes. In the
event that any of the aforementioned days falls on a Saturday. the preceding
Friday shall be considered a hoiday for pay purposes.
MEMORAHDUM OF AGREEMEUT
Page 4
(b)
(c)
(d)
A represented employee i#'lose duties do not normally require work on µaid
holiday~ enlJD~rated above shall be compensated at the rate of one and
one-half times the basic salary for the hours worked, or shall rece1ve
compensatory time off at the rate of one times the hours worked, fn addition
to regular pay.
Represented employees working in eight-hour, five-day assignments who do not
receive in-lieu holiday.pay shall receive a floating day off with pay in
each of tile foll owing months: August, March. Aprn and June. Scheduling of
the days off must be approved in advance by management. Days not taken off
under this provision \!rill be added to the vacation accrual subject to
rnaximllTI accrual limitations.
A represented employee whose duties normally r~quire work on paid holidays
en1J11erated above shall be compensated for all such holidays and shall
receive additional compensation equal to an additional eight hours pay, or
equivalent compensatory time off. In the event such an employee is excused
from work in observance of the hol ida.v, no additional rompensat1on shal 1 be
given.
(e) Any employee on leave of absence without pay shall not receive a~y
compensation for holidays occurring during such leave.
(f) · Represented employees must be in a pay status on the work day prece1ing a
holiday to be eligible to be compensated for the holiday.
Section 11. Work1n~ Out of Class Pay
Within each bieweekly pay period, after one shift in a higher classification has
been worked, employees shall receive a sev~n percent orer1111.11'1 for all additional
shifts worked out of classification.
Section 12. Education Incent1ve Program
To encourage individual development through a comprehensive incentive program,
achievement of the POST Intermediate Certificate and the POST Advance Certificate
shall pro~iue a premilln of 5% and 7-1/2~. respectively. to the base sal~ry of the
affected employee.
Section 13. Tuition Reimbursement
Effective July 1. 1984, the tuft1on reimbursement program maximum shall focrease
from $800 to $1.000 per fiscal year. Up to $100 of the annual maximun may be
used for reimbursing the purchase of work-related books.
MEMORANDUM OF AGRi:EMENT
Page 5
Section 14. Court Pay
Sworn Police Personnel appearing in court for the People will be compensated
according to the following:
Peri 1. 1
1. Appearance on scheduled day off
2. Any and all court time during
scheduled shift or court time
is immediately proceding or
following a shift.
3. Appearance on scheduled work
day but not during, immediately
before or i!llllediately after
scheduled shift.
Rate Minimum
Time and one-half 4 hours
Straight time during None
shift, time and one-
half for per~ods before
or after scheduled
shift.
Time and one-half 2 hours
( 2 hour rnini mum
may not run ·
into shift)
Section 15. Health and Life Insurance Plans
The current City-sponsored health and life insurance plans shall continue in
effect. The City shall assl.lne any premi1.111 cost increase in the current
City-sponsored health plans for active representation unit enployees during the
period of July 1, 1984 to June 30, 1986.
Section 16. Dental Benefits
{a) The current City-sponsored dental plan shall continue in effect. The City
shall ass\ltle any premilln cost increases during the period of July 1, 1984 to
June 30, 1986.
(b) Effective July 1, 1985, the City wil1 provide a S~ of reasonable charges,
$1,500 lifetime maximllR orthodontic benefit for representation unit
employees and their dependents.
Section 17. Retirement Benefits
{a) The current Public Employees• Retirement System (PER5) Benefits, known as
the "two percent at 50" Plan, shall continue in effect.
(b) Effective July l, 1983, tne City sha11 pay 1 percent of the enployee's
retirement contribution costs.
~c) The City will increase the pick-up of E!nployee PERS contribution from 70:. to
9% effective with the pay period including September 1, 1984, which benefit
will continue through the life of this Agreement through June 30, 1986, and
its continuance or a modification of the existing provision may be subject
to negotiation at the request ~f e1ther party.
MEMORANDllt OF AGREEMENT
Page 6
(d) For purposes of negotiation and arbitration proceedings hereafter, the
pa)1ftent by the City of the employee's contribution shall be deemed a
7 percent adjustment in salary for the year July 1, 1983 through June 30,
1984, and a 2 percent adjustment in salary for the ten months, September 1,
1984 through June 30, 1985.
section 18. Retirement Medical Plan
The City shall, upon submittal of evidence of payment, reimburse up to $183 per
~uarter of medical plan premit.ns on behalf of representation unit employees who
retfre from the City under service or disability retirements. The retiree may
select any plan. The plan may cover eligible dependents as defined under the
City fmployee 1 s Health Plan. No reimbursements will be made for plans providing
benefits other than medical a~d health benefits.
Section 19. Psychological Counseling Program
The psychol091cal counseling program currently in effect shall be continued. The
program shall provide 24-hour emergency counseling by fndependent professional
consultants. This program shall be reviewable by the parties on or after
June 30, .1S84.
Section 20. Unifonns
(a)
{b)
(c)
(d)
The City will supply complete uniforms to all sworn personnel. All 1.11ifonn
items are the property ~f the City. One c01Rplete unifonn consists of:
(1) three pair of trousers, (2) three short-sleeved shirts with patches, (3) three long-sleeved shirts with patches, (4) three turtleneck shirts,
(5) hat, (6) duty jacket with patches, (7) dress jacket with patches,
(8) dress shirt, (9} necktie, and (10) rain gear.
At the time of initial emplo.)'lftent every sworn employee will be issued one
complete unifon1. Unifonn items will be replaced on an as-needed bas1s
subject to verification by management.
The City shall provide uniform cleaning for sworn representation unit
personnel with procedures.to be developed by management, and service to
begin no later than October 1, 1984. ·
Personnel are accountable for all uniforn1 items issued to them. If a
particular it811 1s lost or damaged due to employee negligence, the employee
will be required to reimburse the City for value of the 1tem(s) lost or
damaged.
Section 21. Work Schedule
(a) The ten hour day/four day work week schedule shall continue for all sworn
Field Service Division employees.
MEMORANOUM Of AGREEMENT
Page 7
(b) The present days ~ff rotation system shall remain in effect, except as noted
below.
(c) Ma!1agement may establish a maximum of four fixed-day-off positions for each
of the second and third watches. Two positions will have Saturday, Sunday
and Monday off, and two posit ions wi 11 have Sunday, flk>nday and Tuesday off;
or, other fixed days off may be established as mutually agreed by the
employees and management. Fixed-day-off positions shall be established for
one Sergeant and three Officers/Agents. Fixed-days-off will be assigned in
the following manner:
( 1)
( 2)
On a voluntary basis by seniority; or
In the event that tt1ere are no volunteers, management may assign the
least senior per'sonnel to fixed days off.
After twelve months of experience with th1s plan as set forth in this
subsection,. m~nagement and Association representative!; shal 1 meet to review
the scheduling plan. Proposals for modifications shall be discussed at that
time.
Section 22. field Servtces Division Shift Assignment
All Field Services Division personnel shall bid annually by classification
seniority for the shift of their preference.
Management shall detemiine the nt.1t1ber of Sergeants, Agents and Officers to be
assigned to each shift. Field Training Officers, FTO Serg?ants, and probationary
employees shall be subject to administrative assignment.
Officers, Agents and Sergeants may remain on th~ same shift for two consecutive
years based upon classification, seniority. However, after a two-year petiod, an
employee may only remain on the same shift if a vacancy exists subsequent to the
bidding process or on the basis of a trade which is mutually agreeable to the
involved employees and management.
Section 23. Overtime Pay and Compensatory Time Off
(a) Overtime pay at the rate of time and one-half of the employee's regular rate
shai1 be provided for all overtime work.
(b) Compensatory time off, which is approved by management in-lieu of overtime
pa~ent on a staffing available basis, will be taken at the rate of 1-1/2
hours for every hour of credited overtime. In the event compensatory time
off 1s used as the method of compensating for overtime~ the time off will be
taken prior to the end of the quarter following the quarter in W'lich the
overtime has been worked. In the event the employee is denied this
provision, he/she will be compensated in pay for such time at the
appropriate rate specified by these sections, or at the employee's option,
the earned compensatory time will be added to the employee's vacation balance.
MEMORANDUM Of AGREEMENT
Page 8
Section 24. Overtime Sign-up
The Field Services Division (FSO} Watch Conmanders shall circulate overtime
s1gn-up sneets monthly for the purpose of equalizing scheduled overtime
opportunities among sworn membe~s of Investigative Services Division, COITl'l'lunity
Crime Prevention. Support Services Division, Personnel and Training Division, and
Field Services Division. The Association and the Department will jointly agree
on a rotational sign-up list procedure.
scheduled overtime shall include all overtime opportunities except routine
end-of-shift overtime or emergency overtime. It is understqod that filling
overtime opportunities by using reserve officers is to be a~oided, except for
Stanford University football games, May Day Parade, major athletic events. and
City par~ patrols.
Section 25. Jury Outl_
No employee shall be required to work a combination of jury duty an~ work time to
exceed 12 hours during a 24-hour period. The period shall c0111nence at the
required time of appearance for jury duty. Jury duty 1s defined as the time
between required time of appearance and dismlssal. Work time excused as a result
of jury duty will be cOrApensated at the regular rate of pay.
Section 26. Vacation Accrual
vacation will be accrued "1en an E!lftploy,e is in pay status and will be credited
on a bi-weekly basis. Such accrual and credit shall not exceed twice the annual
rate of accrual. Each eligible employea shall accrue vacation at the follo~ing
ate for continuous service perfcMled in pay status:
(a)
(b)
(c)
Less than four {ears -For employees completing less than four years
continuous serv ce; 80 hours vacation leave per year.
Four, out less than nine tears -For employees completing four, but not
more than nine years con~nuous service; 120 hours vacation leave per year.
Hine or more years -For employees completing nfr!e or more years
continuous service; 160 hours vacat1on leave per year.
Section 27. Use ·of ~lacation
(fl)
. (b}
When to be taken -The tiiue at \Illich an employee may use his/her accrued
vacation leave and the amount to be taken at any one time shall be
detennined by the department head with particular regard for the needs of
the City. but insofar as possible, considering the wishes of the employee.
Limitation on U54: -&tployees IM:y not use more than their annual rate of
accrual in any calendar year periodt pr~vided, however. that a department
head may grant exceptions to this li•itat1on.
·-e
MEMORANDUM OF AGREEMENT
Paye 9
(c)
(d)
Waiting period Employees snall co~plete six months continuous service
before using accrued vacat~on leave.
Double comeensation prohibited
during the1r vacation.
Employees shall not work. for the City
(e} Vacation splitting It is the intention of the City that vacation be
taken in units of one week; however, with the approval of the department
head, an enployee may use ~ne week of his/her ac~rued vacation in any
calendar vear in units of less than one work week, but in no instance in
units of Jess than one-half of the normal workday or shift. Re~uests for
exeption to this procedure must be approved by the City Mar.ager.
Section 28. Vacation Pay at Termination
~nployees leaving the municipal service with accrued vacation leave and who give
at least two weeks notice of their intention to tenninate shall be paid the
amounts of accrued vacation to the date of termination. In spec ii:. l cases when
two weeks notice of tennination is not possible, the City Manager may authorize
payrient of accrued vacation. An employee whose service is terminated for the
conveni~nce of the City~ other than as the result of disciplinary action, shall
also be paid for this accrued vacation. Payments for accrued vacation shall be
at the employee's current rate of pay.
Employees who tenninate employment with the City and have less than six months'
continuous service shall not be compensated for accrued vacation.
Section 29. Vacation Benefits for Uecea sed Ernp 1 oyees
An employee who is el igii>le for vacation leave and who dies while in the
municipal service shall have the amount of any accrued vacation paid to the
employee's estate within thirty days. This proration will be computed at the
last basic rate of pay.
Section 30. Effect of Extended Military Leave
Pt1 employee who interrupts his service because of an extended military leave
shall be compensated for a~crued VdCation at the time the leave becomes
effective.
Section 31. Sick Leave
(a) Statement of plli~y. Sick leave shall be allowed and used only in case of
actual persona sickness or disabi1ity, medical or dental treatment, or as
authorized in Subsection 32(i), Personal business charfeable to sick leave.
Up to five days sick leave per year may be used for 11 ness 1n the i11111eaiate
farrily (wife, husband. child, parent, parent-in-law, brother, sister, or
close relative residing in the rousehold of the employee).
MEMORANDUM tf AGREEMENT
Page 10
(b)
(c)
Eligibilit~. Regular and part-time emphiyees shall be eligible to accrue
and use sicl< leave.
Accrual. Sick leave shall be accrued bi-weekly provided the employee has
been in a pay status for 50 percent er more of a bi-weekly pay period. Sick
leave shall be accrued at the rate of 3.7 hours per bi-weekly oay period.
(d) Accumulation. Accrued sick leave may be accinulated without limit.
(e)
{f)
Use. Sick leave may be used as needed and approve~, to the point of
depletion, at which time the employee will no longer receive pay for sick
leave. A new employee may, if necessary, use up to forty-eight hours or
shift equivalent of sick leave at any time during the first six months of
employment. Any negative balances ~enerated by such utilization will be
charged against future accrual or deducted fran final plycheck in the event
of termination.
An ,employee who has been dis ab 1 ed for 60 con sec ut 'ive days and who is
otherwise eligible both for pa.)V1ent under the long-term disability group
1 nsurance coverage and accrued sick leave benefits may. at his/her option,
choose either to receive the long-tenn disability benef;ts or to utilize the
remainder of his/her accrued sick leave prior to applying for long~term
disability benefits.
Sick leave will not be granted for illness occurring during any leave of
absence other than sick leavP.. unless the employee can demonstrate that it
was necessary to come under the care of a doctor while on s~ch other leave
of absence.
When an Employee finds it necessary to be absent for any reasGn, he/she
should cause the facts to be reported to the department within one hour
after his/her regular starting time on the first working day of absence, and
shall regularly report on, or account in advance for each ~ork day
thereafter unless hospitalized or otherwise indisposed. Such reports may be
subject to written docunentation if there is reasonable evidence that sick
leave abuse has occurred. Sick leave shall net be granted unless such
report or advance accounting has been made, provided, h~wever, that the
department head may grant exception to this po11cy where the circllllstances
warra!'lt.
Oocunentation may also be required if there is a reasonable basts to believe
that the employee may not be medically fit to return to work.
Depletion of sick leave benefits. Upon depletion of sick leave or the
6e91nnin9 of the peri<Xf to be covered by payments under tt.e 1ong-tenn
disabi'11ty group insurar.ce coverage, whichever comes first, an employee may
be granted a medical leave of absence without pay for a period not exceeding
sixty days. If the employee is unable to return to work at the end of this
MEMORANDUM OF AGREEMENT
Page 11
{g)
{h)
( i )
period, he/she rnust r~quest further medical leave which will be sub_ject to
the approval of the City Manager. If further leave is granted, the employee
must not; fy ttle City of intent to return to work every thirty days. If
further 1eave is not granted, the employee's service with the City shall be
considered terminated.
Forfeiture upon termination. EmployPes leaving the municipal service shall
forfeit a11 accu~ulated sick leave, except as otherwise provided by law and
Subsection 32(h). In the event that notice of resignation is given. sick
leave may be used only through the day which was designated as the final day
of work by such notice.
Pa:;ment for accumulated sick leave. Eligible emµloyees who leave the
municipal service in good standing, or who die while employed in good
standing by the City, and who have fifteen or more years of continuous
service shall receive compensation for unused sick leave hours in a sum
equal to two and one-h~lf percent of their unused sick leave hour~
multiplied by their years of continuous service and their basic hourly rate
of pay at termination. For all employees entering the servicP. of the City
prior to March 2, 1983, full sick leave accrual will be paid 1n the event of
te rmi nation due to di sab il ity.
Personal busin~ss leave chargeable to sick leave. Up to 20 hours per yea~
of personal business leave may be chargeable to sick leave.
Section 32. Leaves of Absence Wi!hout Pay
(a)
(b)
(c)
(d)
(e)
Disability. Leaves of absence without pay may be granted fn cases of
disability not covered by sick leave. Pregnanc~ will be considered as any
other disability. Leaves of absence for disability are subject to
physicians• verificatio~ including diagnosis and medical work restriction.
Other leaves. Leaves of absence without pay may be granted 1n cases of
·personal emergency or When such absences would not be cor1trary to the best
interest of the City. Non-disability prenatal and/Jr postpartllTI leave is
available under this provision, but such leave shall not begin ~~re than six
months prenatal nor extend 'ilore than six months postpartum.
Uuring ~1paid leaves of absence for disability or other reasons, the
employee may elect to use acrued vacation credits. Requests for leaves
witnout pay shall not be unreasonably denied. In order to avoid
misunderstandings, all leaves without pay must be in ~riting to be
effective.
Aperoval of department head. Leave of absence without pay for one week o:-
~ess may be granted by the department head, depending on the merit of the
individual case.
Appro\'al by Ci t,y Manager. Leave of absence w1thQut pay in excess of one
week's duration ma.Y be granted by the City Manager on the merit of the case,
but such leave sha:1 not exceed twelve months' duration.
e··
MEMORANDUM OF AGREEMENT
Page 12
(f)
(g}
(h}
Absence without leave. Unauthorized leave of absence sahll be considered to
be without pay, and reductions in the employee's pay shall be made accordingly.
Unauthorized leave of absence may resut in termination of enployment.
Leave of absence; deatn outside the immediate family. Leave without pay may
be granted a regular employee by his/her department head in the event of
death to family members other than one of the inmediate family, such leave
to be granted in accordance with Section 32 (b), (d) and (e).
Military leave of absence: State and federal law shall govern the granting
of military leaves of absence and the rights of employees returning from
such absence.
Section 33. leave of Absence With fay
The City Manager may grant a regular E!r.'lployee under his/her control a leave of
absence with pay for a period not exceeding thirty calendar days for reasons he/she
deems adequate and in the best interest of the City.
The City Council may grant a regular employee a leave of absence with pay for a
period not to exceed one year for reasons the Council considers adequate and in
the best interest of the City.
(a)
(b)
(c}
(d)
Subpoenas; leave of absence. Regular enployees who are subpoenaed to appear
as witnesses in behalf of the State of california or any of its agencies may
be granted leaves of absence with pay from their assigned duties until
released. The employee shall remit all fees received for such appearances
to the City within thirty days from the tennination of his or her services.
Compensation for mileage or subsistence &llowance shall not be considered as
a fee and shall be retained by the employee.
Em.£_loye~·s time off to vote. Time off with pay to vote at any general or
direct primary election shall be granted as provided in the State of
California Elections code. and not;ce that an employee desires such time off
shall be given in accorda .. ce w1th the provisions of said Code.
Leave of absencs.; death in innediate familfi. leave of absence with pay of
tliree days may granted an employee by t e head of his or her department
in the event of death in the employee's inmediate family, with is def1ned
for purposes of this section as wife, husband, son, daughter, father,
mother, brother. sister. mother-in-law, father-in-law, or a close relative
residing in the household of the employee. Such leave shall be at full pay
and shall not be charged against the employee's accrued vacation or sick
leave. Requests for leave in exces~ of three days shall be subject to the
approvai of the City Manager.
Jurl duty; 1 eave of absence. Employees required to report for jury duty
sha 1 be granted a leave of absence with pay fr(lll their assigned duties
until released by tne court, prov;ded the enployee remits to the City all
fees received for such duties other than mileage or suosi stence allowances
within th1rty days frOlll the termination of hf s/her jury service.
MEMORANUUM OF AGREEMENT
Page 13
Section 34. 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 ot· change in duties or
organ;zation, abolition of position, shortage of work or funds, or c001pletion of
work, employees with the shortest length of service will De 1a;d off first so
long as employees retained are fully qualified, trained and capable of µerforming
remaining work. Length of service for the purpose of this article will be based
on total City service in a regular classification or classifications. Employees
laid off due to the above reasons will be qiven writt~n notice at least thirty
days prior to the reduction in force. A copy of such notice will be given to the
Association.
Section 35. Agents
ihe number of Agent positions shall be governed by the August 12, 1981,
Arbitration Award.
Section 36. Parkfog in Civic Center Garage
Employees in represented classes shall be entitled to free parking in the Civic
Center Garage.
Section 37. 01 sci pl i nary Action and unsatisfactory Work or Conduct
(a) Except as provided in Section 6 (Probationary Period} of this a~reement, no
employee shall be disc1plined without just cause. For the purpose of this
section, ~discipline• shall be deemed to inc~ude discharge, demotiQn,
reduction in salary, written reprifl'land, disciplinary probation, suspension
and sustained citizen compla1nts. Discipline shall be deemed not to include
verbal reprimands or reductions in force.
{b) r4on-probationary employees whO$e work or conduct is unsdtisfactory but not
sufficiently deficient to warrant discipline, demotion, or discharge will be
g;ven a writte~ notification of unsatisfactory work or conduct and an
opportunity to improve. Failure to correct deficienci~s and improve to meet
standards may result in discipline, de11t<Jtion or discharge.
{c} Notice of disciplinary action must be in writing and served on the enployee
in person or by registered mail prior to the a1sciplin~ry action becoming
effective. However, in extreme situations ~ere there is reasonable caus~.
the employee may be removed fran pay status i•ediately pending such
disciplinary action. The notice must be filed on a timely basis with the
Personnel Department and jncluded in the employee 1s personnel file. The
not1ce of disciplinary action shall include:
MEMORANDUM OF AGREEMENT
Page 14
(1) StdtP.ment of ttie nat!lre of the disciplinary action
(2} Effective date of the action
(3) Statement of the cause thereof
(4) Statement in ordinary and concise language of the art or the emissions
upon which the causes are based
(5) Copies of any doclJTlents or other items of evidence upon which the
disciplinary action was fully or in part based.
(6) Statement advising the employe~ of his/her right to appeal from such
action, and the right to Association representation.
(d) If the disciplinary action consists of suspension, any suspension time
previ0usly given shall be credited to the final disciplinary action.
(e) S•Jbject to state law requirements, employees may request that disciplinary
actions be sealed according to the following schedule:
(1) Written repr1mands with no recurrence after one (1) year.
(2) Disciplinary probation after three (3) years fran the implementation
of such probation, if no other disciplinary action has occurred during
that period.
( 3) Suspensions less than three {3} ctays without recurrencP., after two (2)
years.
(4) Suspensions MOre than three
three ( 3) years.
( 3) dalS but less than six (6) ciays, afte1·
( 5) Suspensions of six (6) days or more, after five ( t;) years.
Written requests for sealing of disciplinary actions should be directed to t~e
Personnel and Training Coordinator.
Sealing shall include all memos, letters, correspondence, coP'lplaint forMs,
any any other material pertainin9 to the disciplinary action that has been
placed in the employee 1 s personnel file.
3ealing shall not include the sealing of any material related to criminal
offenses for which the t:imployee was charged except fn concurrence with tne
sealing or expungement o~ criminal charges by 3 court of competent
jurisd)ction 01· in the event of a complete exoneration of the employee by the
judicial system.
. .
MfMO~ANOUM Of AliRf.EMEHT
Page 15
The City Personnel UeJ.,1artment shall be notified in all cases where settling
of disciplinary action 1s taken. Personnel Oepar~nent copies of the
disciplinary actions will be disposed of in a man11er consistent with the
Police Oepartment 1 s action.
The sealed action shall not be held to discriminate against the enployee in
any subsequent disciplinary action, or in the event of promotion, merit
step raise. transfer, request for educational leave, modification of
duties, vacation selection, application for other employment, or against
any other action the employee may take for his or her personal
i 111provement.
f~ce sealed, the file shall not be opened unless the employee requests such
unsealing and then only for examination by the person or -persons whan the
employee specifies or at the discretion of the Chief of Police, who in the
absence of a demonstrable emergency shall notify the employee a minimtlll of
48 hours before the opening of the sealed file and the reason for opening.
In the event the employee cannot be notified in advance, notification must
be made on the employee•s first duty day after the sealed file is opened.
Section 38. Grievance Procedure
(a} The City and the Association recognize that early settlement of grievances
is essential to sound employee-employer relations. The parties ~~ek to
establish a mut~ally satisfactory method for the ~ettlement of employee
grievances, or Association grievances, as provided for below. In
presenting a gr-ievance. the aggrieved and/or his or her representativ~ is
assured freedan fran restraint, interference, coercion. discrimination or
reprisal.
{b) Definition -a Gri~vance is:
(1) An unresolved complaint or dispute regarding the application or
interpretation of rules, regulations, policies, procedures, Hemoranda
of Agreement, or City ordinances or resolutions, r~lating to terms or
conditions of employment, wages or fringe benefits.
(2) An appeal from a disc1pl1nary action of any kind against an enployee
covered by this Hemorandllll of Agreement.
(d} Access to the Grievance Procedure
Except as provided in Sect1~n 6, Probationary Period~ all employees
r~presented by the Association may file and process a grievance. Such
aggrieved eitployees inay be re~resented by the Association or may represent
themselves in preparing and present11'19 their grievance at any level of
review. The Association may file a grievance ~en an Association r1ght not
directly related to an individual employee becomes subject to aispute.
MEMORANUUM OF AGREEMENT
Page 16
~d) Conduct of Grievanc~ Procedure
{l) The time limits specif~ed in this Article may be extended by 1•1utual
agreement in writing of the aggrieved employee or the Association and
the reviewer concerned.
(2) Should a decision not be rendered within a stipulated t1me limit, the
aggrieved employee may i111T1ediate1j appeal to the next step.
(3) The grievance may be considered settled if the decision of any step is
not appealed within the specified time limit.
(4) If appropriate, the aggrieved employee or the Association and
Management may mutually agree to waive any step of the grievance
procedure.
(5) Written grievances shall be submitted on forms provided by the Ctty or
on fonns ~hich are mutually agreeable to the City and the
ASSl)Ciation.
(6) Any retroactivity on monetary grievances shall be limited to the date
of occurrence, except in no case will retroactivity be granted prior to
~hree months before the grievance was filed in writing.
~ep I. The aggrieved employee will first attempt to resolve the grievance
through informal discussions with his or her immediate supervisor by the end of
the tent!t working day following the discovery of or the incident upon which the
grievance is based. Every attempt will be made to settle the issue at this
level. (Note: For purposes of time limits, the working days c::re considered to
be fo\:>nday through Friday, exclusive of City holidays.)
Stef II. If tne grievance is not resolved through the infonnal disussion, the
emp oyee will reduce the grievance to writing and submit copies to the division
head or equivalent level Management employee as designated by Management as
appropriate within ten working days of the discu:ision with the immediate
supervisor.
The division head or equivalent level Management employee shall have ten working
days fran the receipt of a written grievance to review the matter and prepare a
written statment.
Stee III. lf the grievance is not resolved at Step II, the aggrieved employee
may appeal to h1s or her department head in writing within ten working days of
the receipt of the division head 1 s response.
The department head shall have ten working days frOR the receipt of a written
grievance to review the matter and convey his or her decision by written
statement.
...
. ..
MEMORANUUM OF AGREE~ENT
Page 17
Step ! v. 1 f the grievance is not resolved at Step II I. the aggrieved ernp 1 oyee
may appeal to an Adjustment Board. Appeals to the Adjustment ~ard shall be made
in writing and d1rectecl to the Personnel 01rector wit'hin ten ~rking days of
receipt of the department head's r.esponse. The Personnel Uirector shall convene
an Adjustment Board within ten working days of receipt of the appeal. The
Adjustment Board shall consist of two persons appo1nte<! by the Association and
two persons appointed by Management.
The Adjustment Soard is empowered to call C1ty employees as witnesses.
Within the context of Step JV, the Adjustment Board will have the same powers and
limitations to settle grievances as an arbitrator.
A majority decision of the Adjustment Board shall be final and binding. The
Adjustment Board shall render its findfngs and decisions (if any) to the parties
within ten working days of its meeting.
Step v. If the grievance is not resolved at Step IV, the aggrieved employee may
choose between final and binding resolution of the grievance through appeal to
the City Manager or through appeal to final and binding grievance arbitration.
for the terwi of this Memorandlln of Agreementt appeals to final and binding
arbitration may be processed only \lrlth Ass,ciation approval. All Step V appeals
must be filed in writing at the Personnel Oepartment Office within ten working
days of receipt of the Adjustment.~ard'~ disposition under Step IV.
If the aggrieved employee elects final and binding resolution by the City
Manager. tne City Manager w;11 choose the met~Jds he er she considers appropriate
to review and settle the grievance. The C1ty Manager shall render a written
decision to all parties directly involved within ten working days after receiving
the employee's appeal • .
lf the aggrieved employee elects final and binding arbitration in accordance with
this provision, the parties shall mutually select an arbitrator. In the event
the parties cannot agree on an arbitrator~ they shall mutually request a panel of
five arbitrators frC111 the california State Conciliation Service or fran the
hnerican Arbitration Association if either party objects to the State
Conciliation Service, and select an arbitrator by the alternate strike method.
The arbitrator shall have jurisdictivn and authority only to interpret, apply, or
determine compliance with the provisions of this Memorandlln of Agreement and such
Merit System Rulest regulations, polici~s. procedures, C1ty ordinances,
resolutions relating to tenns ar conditions of emplo.)'ftent, wages or fringe
benefits, as may hereafter be in effect in the City insofar as may be necessary
to the determination of grievances appedled to the arbitrator. The arbitrator
shall be wtthout power to make any decision:
(1) Regarding matters of interest
(2) Contrary to. or inconsisent with or modifying in any way, the tenns of
this Memorand1.m of Agreenent.
(3) Grant1ng any wage increases or decreases
MEMORANDUM Of AGREEMEHT
Page 18
..
The arbitrator shall be without author1ty to require the City to delegate or
relinquish any powers which by State law or City Charter the City cannot delegate
or relinquish. Where either party seeks arbitration and the other party claim~
the matter is not subject to the arbitration provisions of this MemorandtJTI of
Agreement, the issue of arbitrability shall first be decided by the arbitrator
using the standards and criteria set forth in this section and without regard to
the merits of the grievance. If the issue is held to be arbitrable, the
arbitration ?roceedings will be recessed for up to five working days during which
the ~arties shall attempt to resolve the grievance. If no resolution is reached.
the arbitr~tor will res1J11e the hearing and hear and resolve the issue on the
merits.
Copies of the arbitrator's decision shall be submittP.d to the City~ the aggrieved
employee and the Union. All direct costs emanating from the arbitration
procedure shall be shared equally by the City and the aggrieved employee or the
Association.
Section 39. Bulletin Boarcts and Teleehones
The Association shall have access to existing bulletin boards in Unit employee
work areas for the purpose of posting not1ces or announcements including notices
of social events, recreational events, membership meetings, results of elections
and reports on minutes of Association meetings. lvty other l'taterial must nave
prior approval of the Police Chief. Action on approval will be taken within 24
hours of submission.
City telephon€S may be used for Association business so long as there is no
disruption of work and all toll or message unit calls are charged to the
Association credit card.
Section 40. Access to Association Representatives
Representatives of the Association are authorized access to C1ty work locations
for the purpose of conducting business within the scope of representation.
provided that no disruption of work is involved and the business transacted is
other than recruiting of members or collecting of dues, and the representative
must notify the Personnel Department office prior to entering the work loc3tion.
Section 41. Meetin2 Places
The Association shall have the right to reserve City meeting and conference rooms
for use during non-working hours·. Such meeting places will be made available in
conformity with City's regulations and subject to the limitations of prior
C011111itment.
Section 42~ Full Understanding
(a) The Memorand1.111 of Agreement contains the full and entire understandin~ of
the parties regarding the matters set forth hereins
·~ .
•
MEMORANDUM OF AGREEMENT
Page 19
'h) It is the intent of the parties that ordinances, resolutions, rules and
requl at ions enacted pursuant to this MemorandlJTI of Understanding be
administered and ohserved in good faith.
Nothing in this agreement shall preclude the parties fr001 mutually agreeing
to rneet and confer on any subject within the scope of representation during
the term of this agreement.
Section 43. Printed Agree~ent
The City will provide copies of the Memorandum of Agreement resulting from these
negotiations in book 1 et form to a 11 represented e1.1p 1 oyees.
Section 44. Duration
This Memorandll11 of Agreement shall become effective July 1, 1984 and remain
effective until June 30, 1986.
EXECUTED:
FOR: FOR:
ASSOCt'ATION
• •