HomeMy WebLinkAboutRESO 6533• • OFH:::INAL
RESOLUTION NO~ 6533
RESOLUTION OF THE COUNCIL OF TH"f'""'tfTY OF PALO ALTO
AMENDING SECT.lON t60l OP THE MERIT SYSTEM RULES
AND k!GULATIONS R! MEMORANDUM OF AGREEMENT BETWEEN
Tffl C t'1'Y OP' PALO ALTO ANO THE PAL-0 ALTO P8ACE
OfFICER$' ASSOCIATION
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Chapter 1601 of Chapter 16 of the Merit System Rules
and kegulat[ona hereby is .amended to read as follows:
•1101. •••oraad• of !fr-nt inco~ated by cefereoce. That certain memorandum o~greement
by and between the City of Palo Alto and Palo Alto
Peace Off icera' Aasociation, consisting ot Preamble
and Sect iona 1 through 4 4, for a term co-enci.ng
July 1, 1986, and ezpiring June 30, 1988, hereby is
incor.porated into these Merit System Rules and
~gulationa by reference as though fully set forth
herein. Said Me110randua shall apply to all eaploy-
eea in classifications of police officer, police
.tgent, and police serge•nt except where specifically
provided otnervise herein.
•1n tbe ease of conflict with this chapter and any
other provtaiona of the Merit Systea Rules and lb!g'u-
lationa, thia chapter will prevail over such other
p~oviaionu •• to eaployees represented by said Palo
Alto Peace Off icera' Association.•
SECTIOll 2. The l'hange• provided for in this resolution aball not
affect any ri9ht establi•hed or accru~d, or any offense or act c01111it-
ted, or any penalty of forfeiture incurred, or any prosectuion, suit,
or proceeding pending or any jud9 .. nt rendered prior to the effective
date of this resolu~ion.
SBCTION J. Tbe Council finds that this is not a project under the
California invirormental Quality Act and, therefore, no environaental
iapact aas~ssaent ia necessary.
INTRODUCED AND PASSBDi July 14, 1986
AY~S: Bechtel, Cobb, Fletcheri ~lein, Levy, Patitucci, Renzel,
Sutorius, Woolley
NOSS: None
l\8ST£HTIONS: None
ABSENT: None
,~~~· p.1W4H .... __._,
....,._ OF MilEEJDT
CITY OF PALO Al.TO ud PALO ALTO P£AC£ OfflCEaS 1 ASSOCIATUll
.July 1. 1• • ..... 30' 1988
Section
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TABLE Of CONfEJffS
Recognition .......................... "' .............. o) •••
No Discrimination •..•••••.....•............. , ..... .
Association Securtty ••.•..•.•.••...•......•..•.....
Payrol 1 Deduction ........................ , ......... .
No Strikes ........................................... .
Probationary Period ............................... .
Salary Provisions .................... , ............ .
Annua 1 Adjust111ent ................................... .
Night Shi ft 01fferentia1 ............. ~ ............ .
Pa 1 d Ho 1 i days • . . . . • • • . • • • . • • • • .. • . • • • . • . • • . . . . . ......
Working Out of Cl ass Pay ••.•••.••••.••.•••••.••••.•
Education Inceotive Program .•••.•..•.••.•......•...
Tu1tion Reilftbursement ............................. .
Cour.t Pay ......................................... ., ..... .
Health and Life Insurance Plans ••••.•..••...•.•••.•
Dent a 1 Benef1 ts ........................ ., ...•.•..•••.••
Ret1 rement Beneff ts .••...••.••.•...•...••.•..•.•.•.
Retirement Medical Plan .......................... ..
Psychological Counseling Program ••...•••......•.•.•
Un1 forms ................... ,. .......................... .
Work Schedule ...................................... .
Field Services Division Shift Assignment ...•••••.•.
Overtime Pay and Compensatory T1me Off •..•.••••..••
Overt irne S 1 gn-up ................................... a
Jury Duty " .................................... e •••••
Vacation Accrual ......... " ......................... .,,. ~.
Use of Vacation ................................ v ..... .
Vacation Pay at Tenninat;on .••••.••..•••••••••.••••
Vacation Benefits for· Deceased Emp 1 oyees ...•••••••.
Effect of Extended M11itary Leave •.••••.•..•.••••••
P&!l!
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Section
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-2-
Sick Leave ..................... c .................... .
leaves of Absence Without Pay ...••.••••••.........
leave of Absence With Pay •.•••.••.•..•••••..••.•..
Reduction fn Force ................................... .
Agents ............................................. .
Parking in Civic Center Garage ••...•.•••••••...•••
Disciplinary Action and Unsatisfactory
Work or Conduct ................................. .
Grf evance Procedure ............................... .
Bulletin Boards and Telephones ••.••••....••••••..•
Access to Association Representatives •••.•••••••••
Meiet;ng Places .................................... .
Ful 1 Understanding ............................... .
Printed Agreement .................................. .
Duration .... " ......................................... .
?!I!
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MEMORANDUM OF AGREEMENT
CllY CF PALO Al TO 1nd PALO Al TO PEACE OFFICERS' ASSOCIATION
July 1. 1986 -June 30, 1988
PREAMBLE
This Melllorand• of Agreement 1 s pursuant to and s~ject to Sections 3500-3~10 of
the Government Code of the State of California, the Charter of the City of ~alo
Alto, and t~ City of Palo Alto Merit System Rules and Regulatfons.
Thfs Memorandun of Agreement made and entered fnto at Palo Alto, Calf fornfa, by
and between the City of Palo Alto, a 111U11fcipal corporation (hereinafter referred
to as "Cf ty") and the Palo Alto Peace Officers' Association, Incorporated, a
California corporation (hereinafter referred to as •Association•), fs intended to
define agreeatents reached during the meet and confer process concerning wages.
hours. "'°rkfng conditions, and other tenns and condf tfons of e11ployaent for the
represented group of e11ployees.
Section 1. Recognition
The City recognizes the Asso~iation a.s the exc1u~ive representative of an
employee group con sf sting solely of Police Officers, Police Agents. and Police
Sergeants WM> are regularly employed by the Cf ty and others -no m1 ght b~ amended
into the representation unit frcm ti11i2 to tf111e under exfst1ng law and the Merft
Systelt Rules and Regulations.
Section 2. No Di scr1•fnatfon
(a) The Association and the Cfcy hereby agree that there shall be no
d1 scrt•fnat1on becaus.: of race, color. age. handicap, sex, national orf gf n,
political o.· religious affflfatfon mder this Agreaent. There shall be no
df scri•fnation fn e11plo.Y1Rnt cond1t1ons or treatment cf aaployees on the
basis of llll!tllbershfp or non-inellbershfp in the Association, or partfcf patfon
fn the lawful actfvf ttes of the Association.
{b) The Association and the Cit;y hereby agree to protect the rfghts of al 1
e111ployees t.o exerc1 se their free choice to join the Association and to abide
by the express provisions of applicable State and local laws.
Section 3. Association Securf t,y
(a) When a person ts hired fn any of the covered job classfffcatfons, the ~1ty
shall notify that person that the Assocfat1on fs the reco~ized bargaining
representative for the enployee 1n said Unit and ghe the stployee a current
copy of the Mellorandufll of Agreeeent.
fb) If there 1s no disruption of wrk, IM!llbers of the Assoc1at1on Board of
Di rectors •'-Y use a reason ab 1 e araol.l'tt of on-du1;Y ti• wf thout 1 oss of Pt.Y to
MEMORANDUM Cf' AGREEMENT
Page 2
attend to Association business speciffcally related to representation of
empl~yees. Such released tfme must be cleared in advance by the ~tch
c0111tDander or equivalent level supervisor.
For purposes of this section. representation shall include;
( f) Meetings with represented employees or management related to a grievance,
fnc1u~ing fnvestf gation and preparation time.
(;f) A meeting with atanagement re~ated to benefits, working conditions or other
terms and conditions of employment.
Section 4. Payroll Deduct~on
The City shall deduct Association membership dues and any other mutually agreed
upon payrol 1 deduction from the bf-weekly pay of member employees. The rues
deduction lftust be authorized fn writing by the employee on an authorization card
acceptable to the City and the Association. The Cfty shall remit the deducted
dues to the Association a~ soon as possible after deduction.
Section 5. No Strikes
The Association, its representatives, or members, shall not engage in or cause,
instigate. encourage, ~nction. or condone a strike. ~thholding of services,
concerted abuse of leave of absence provisions, work stoppage or .:>rk slowdoWt of
any kind. lie> employee shall refuse to cross any picket line fn the conduct of
Police Depart:ment business~ nor shall the Assocfa'tion~ its representatives, or
members di scr1m1n.ate 1n any way to-..rd anyone W\o refuses to participate 1n a
str1ke1 or any of the job actions cited above.
~tion 6. Probatf on~ry Perf od
(a) The probatfonary period for new ~ployees entering the classf ffcat1on of
Police Officer shall end 12 MOnths followf ng the successful CC111pletfon of
Police Acadetqy trafnfng. The probationary period for lateral entry
positions, W\ere Police Academy training is \118.fved, shall be 12 months.
(b) The probationary period shall be regarded as part of the testing process and
shall be utilized for closely observing all aspects of the employeers
qualifications. for ensuring the effective adjustment of a new eaplcyee to
the posftfon and for rejecting any probationary e111ployee who fn the opinion
of managetRent f s not suitable to attain pennanent status.
(cl During the probationary period a new employee may be ter11inated at any tf11e
by the appo1ntf ng authority w1 thout cause. The ex1 stence of cause fi'Jr
tenilf nation shall not be arbf trable.
Prob1t1onary etnployees shall not be terminated for reasons that violate
Section 2. (No Discri•fnatfonl of this Agreement, or for reasons that a~
unconstitutional or unlawful.
MEMORANDUM Cf' AGREEMENT
Page 3
Section ~ldry Provisions
(a) Effective beginning July 5, 1986, a salary 1ncrea$e of SS wi11 be applied to
the salary ranges of a11 represented c1ass1 ff cations.
(b) Effective begfnnfng January 17, 198/, a salary increase of 2i will be
applied to the salary ranges of all represented class1f1catfons.
Cc) Effective beginning July 4, 1987, a salary increase of SS w111 be applied to
the salary ranges of all represented class1ffcatfons.
Section 8. Annual Adjustment
Annually, each employee W'lo holds a regular full-tf111e appofnt..nt fn the
munfcf pal service on or before July first and continues in sucn status through
the first pay period 1n Deceni>er shall receive, fn addition to the salary
prescribed herein, a salary adjust:Ment equal to one P!rcent (lS) of the
employee's current annual salary; or at the employee s option and subject to
management approval, 24 hours paf d leave to be used pr for to the January 31
fol lowing. Annua1 a<Uusments or ti• off shall be prorated to reflect
appof ntment frOllt January l through July 1 of the current year, or internipted servf ce during the year.
Sectf on 9. Nf 9ht Shi ft Off ferenti a 1
Night shift differential shal 1 be paid at the rate of Si to represented c1asses
for all hours worked bet1111een ~:00 p.m. and 8:00 a.m. va~ation pay for er.ployees
who regularly work night shifts shall include appropriate night shift preMfUMs,
relatin9 to night shift hours regularly ti1Drked.
Section 10. Paid Holidays
(a) The following tl>lidays are recognized for pay purposes. Represented
employees shall h4ve these days off wfth pay> except as otherwfse provfded
1n Section ll(d).
January 1
Thf rd Monday in February
Last Monday 1n May
July 4
First Monday 1n Septtmber
SeptelRber 9
Second Monday f n October
Novemer 11
Thanksgiving Pny
Day after Thanksgiving Day
Decetllber ZS
In the event that any of the aforementioned days falls on a Sunday, the
following Monday shall be considered a holiday for pay purposes. ln the
event that any of the aforementioned days falls on a Saturday, the preceding
Friday shal 1 be cons1 dered a hoi day for pay purposes.
(b) A represented employee whose dutfes do not noma11y require wort on paf (I
holidays en&111er1ted above shall ~compensated at the rate of one and
one-half times the basic salary for the hours worked, or shall receive
MEMORANDUM CJ" 4GREEMENT
Page 4
-· ·---------------------------.
compensatory time off at the rate of one times the hours ~rked, in addition
to regula!" pay.
(c) Represented employees wrking in eight-hour, five-day assignments \ltt1o do not
receive in-lieu holiday pay shall receive a floating day off with pay 1n
each of the following months: January, March, April, June and August.
The January day must be taken on Martin Luther K1n9 Day {third Monday fn
January) if such 1s declared a holiday for other City employees. Scheduling
of the days off must be approved 1n advance by management. Days not taken
off 111der this i:rovision will be added to the vacation accrual subject to
maxfm1.1n accrual 1im1tat1ons.
(d) A represented employee who is assigned to a field services "8tch shall
receive in-lieu holiday pay equal to eight hours pay for each holiday 1 i sted
under Section lO(a), plus eight hours fn·lieu holiday pay tor th~ third
Monday in January {96 hours per year), or equivalent compensatory tine off.
In the event such an employee is excused from work in observance of the
holiday, no additional compensation shall be given.
{e) Any empioyee on leave of absence wfthcut pay shall not receive any
compensation for holidays occurring duri 19 such leave.
Cf) Represented employees must be in a pay status on the work day ~ecedi ng a
holiday t.o be eligible to be compensated for the holiday.
§ection 11. Working Out of Class P~
Within each bf-weekly pay period. after one shift in a highe~ classification has
been worked. employees shall receive a seven percent prem1lMI for all additional
shifts ~rked out of classification.
Sectfon 12. Education Incentive Program
To encourage individual development through a comprehensive incentive JJ"'ogram.
achievement of the POST Intermediate Certificate and the POST Advance Certf ffcate
shall srovfde a premium of SS and 7-1/21. ~espect1vely, to the base salary of the
affected employee.
Section 13. Tuition Reimbursement
Effective July 1, 1984, the tuition reimbursement p-'ogram maximum shall increase
from $£\00 to $1.000 per fi seal year. Up to $100 of the annual maxfm!Jlft may be
used for reimbursing the purchase of work-related books.
MEMORANDLM CF AGREEMENT
Page 5
Section 14. Court Pal.
Sworn Police Personnel appearing 1n court for the People will be canpensated accordfr.g to the followf ng:
Period Rate Minimum -
1. Appearance 6n scheduled d~ off Tfme ind one-half 4 hours
2. Any and all court time cklrfng Straight tfRSe during None scheduled shf ft o:-court time shf ft1 time and one-
is 1111ediately procedfng or half for periods before
following a shift. or after scheduled
$hf ft.
3. Appearance on scheduled .ark Tf11e and one-half 2 hours ~Y but not during, f1111edf ately ( 2 hour 111 n f lftllft before or fmedfately after •a.v not run scheduled shf ft. into shf ft)
Section 15. Health and Life Insurance Plans
(a) The current City-sponsored health and 1i fe insurance plans sha11 cont1 nue tn
effect. The Cf~ shal 1 assuae any sire111111 cost increase fn the current
City-sponsored health plans for active representation urt~t e111ployees during
the period of July l, 1986 to June 30, 1988.
(b) Health Plan Cost Containment -The Cf1;y of Palo Alto Ellployees' Health P1an
shal 1 be 11Dd1 fied to include the fol lowf ng cost contairment provf s1ons:
( f) Second surgical opfnfon to be required for all non-e11ergency elective surgery.
(11) Pre-aO..fssfon certification and continued hospital stay review for all
non-emergency in-patient adftfssfon to 1n acute care hospf tal.
Spect fie provisions to be wrked out on a 11Utual1y agreeable basis.
(ff1) Hospital bfll audft for all bflls fn excess of $15,000.
( 1v) Psychfatrfc coverage uxiMUll of SS0,000 on fn-patfe11t vhf ts wf th
annual refnstatellent of •ax111U1 up to S2e500•
Section 16. Dental Benefits
(al The current Ci t,y-sponsored dental pl an shall continue fn effect. The Cf ty
shall assa. any pra1h• cost fncreaes during the period of July 1, 1986 to
June 30, 1988.
(b) Effective July 1., 1985J the Cf ty wi 11 provhte a SOS of reasonable charges,
$1,500 1f fetf• maxfllln orthodontic benefit for representation wrf t
e11pl oyees and t~tr dependents.
MEMORANDUM CF AGREEMENT
Page 6
Section 17. Retiret:tent Benefits
(a) The current Public E•ployees1 Retfrewtent Systan (PERS) Beneffts, kno\IM as
the •t\IJIO pe~cent at so• Pla~. shall contf nue fn effect.
(b) Effective July 1, 1983, the City shall pay 7 perceilt of the e11ployee 1 s
retirement contrfbutfon costs.
(c) The City will increase the pick-up of mployee PERS contribution fran 71 to
9i effective with the pay period including Septed>er 1, 1984, ~ich benefit
lrlll continue through the life of this Agreement through June 30, 1988, and
1 ts con ti nuance or a 110d1 ficatf on of the ex1 stf ng provf sion Ill)' be subject
to negotiation at the request of either party.
{ d) For purposes of negotfati on and arbf tratfon proceed1 ngs hereafter, the
payment by the City of the employee's contrfbutfon shall be de9!1ed a
7 percent adjusment fn salary for the year July 1,. 1983 through June 30,
1984, and a 2 percent adjustllent in salary for the ten mnths, Sept911ber 1,
1984 through June 30, 19&5.
Section 18. Retf rewnent Medical Plan
The City shall, upon submittal of evidence of payment, reilll>urse nip to $330 per
quarter without Medicare, and $216 per quarter wtth Medfcare, of mecffcal plan
preah•s on behalf of representation oott employees WK> retire frm the Cf ty
under servtce or di sabilf~ retiraaents. The retiree 111.Y select 1"1 flan. The
plan my cover eligible dependents as defined under the Cft;y Employee s Healtn
Plan. No refllbursements wf1l be made for plans provtdtng beneffts other than
medical and hea1th benefits.
Section 19. Psycholoqtcal Counseling Progra•
The psychologfcal counseling progr• currently fn effect shall be continued. The
progrn shal 1 provide 24-hour e11ergency counsel fng by independent irofess1onal
consultants. Thfs progr• shall be revfewable by the parties on or after
June 30, 1984.
Sect ton 20. Unf fonrs
(a) The City will supply ccaplete lllfforms to all sworn personnel. All mffonn
1 t•s are the properta' of the Ct ty. One cmplew uni fona con sf sts of:
U) three pair of trousers, (2) thrH short-sleeved shirts wt th pat.chei,
(3) three long-sleeYed shirts wtth patches 11 (4) three turtleneck shirts,
(5) hat, (6) ~ty jacket wfth patchesr (7) dress jacket wtth patches,
(8) dress shirt. (9) necktie. and (101 ratn gear.
{b) At the t1111e of initial •plo.)llllent every sworn aployee wfll be issued one
ca11plete unifont. Unifonn 1teas will be replaced on an as-needed btsis
subj1!<:t t.o verf ffcation by aanageJDente
MEMORANDUM OF AGREEMENT
Page 7
(c) The C1ey shall provide un1forw cleaning for sworn represent.lt1on unft
personnel with procedures to be developed by management, and servfce to
begfn no later than OCtober 1, 1984.
( d) Personnel are accountable for all uni for11 1 teMS f ssued to them. If a
!)articular ftern 1s lost or damaged tile to anployee negligence. the mployee
will be required to refllburse the C1 fa' for va1 ue of t~ f tMf s} lo~t or
daaaged.
(e) The City shall reimburse anployees 75 percent of the cost of job-related
safezy shoes upon ver1 ff cation of such purchase by the employees.
Sec tf on 21. Work Schedule
(a) The ten hour day/four day wrt ~ek schedule shall continue for alt sworn
Field Service Division employees.
(b) The present days off rotation systm shall n!lllfn 1n effect, except as notett
below.
( c) Management •Y est•b 1f sh a mx1•• of four ffxed-day-off po sf tf ons for each
of the second and third watches. T"° posf tfons will have Saturday, Sunttey
and Mondaty off, and two posftfon-s wtll have Sunday, Monday and Tuesday off;
or. other ff xed days off~ be established as llUtually agreed by the
employees and 111nage11ent. Ftxed-dly-off posftfons shall be estahlfshed for
one Sergeant and three Offfcers/Agents. F1xed-dlys-off wfll be assf511ed fn
the fo 11 owf ng Minner:
(1} On a voluntary basfs by senforfty; or
(2) In the e'lf!nt that there are no volunteers, management ·~ assf !J! the
least senfor personnel to ffxed days off.
After twehe months of experfence wfth thfs plan as set forth tn thfs
subsection. 1tat1agaent and Assocf atfon representatfves shall 11eet to rft'iew
the scheduling plan.. Proposals for •di ffcat.fons shall be df scu~sed at that
ti•.
Sectfon 22. Ffeld Servfces Dfvfston Shift Assi9!!1!!nj;_
All Field Services Dfv1sfon personnel shall bfd annually by classf ffcatfon
senfor1ty for the shf ft of their preference.
Management shall deterafne the nUllber of SergeantsD Agents and Officers to be
assf gned to each sh1 ft. Field Tr1fning Off1cers11 FTO Sergeants, and probationary
enployees sha11 be subject to adlfn1strative assignment.
Officers, A~nts and sergeants 1111 remain on the s.e shf ft fOr two consecutive
years based upon classt ff cation sen1or1ey. However, after a two-year period, an
employee MY only rmain on the same shf ft ff a vacancy exists subsequent to the
bf dd1ng proce3s or on the basf s of a trade ~ich h mutually agreeable to the fnvolvtd •plo)'tes and mnagement.
~thM Zl. OWrtf• '!I •4 Collp!!Slto!)'. !.~Of!
Ce) ~rtlme Pl)' et tN rat• of ti• Hid....,..._,, of tht •p10J'ff's ~lar rite
-.11 M prowfdld for ell Off1'"tt• ert ..
tr» C..Mt:ol'J' tf• "''· tdticlt fs •PfJl"O¥td by __ ,....t f ft-lft!V of OWP"tflle
~t on • stiff1"9 ••fllDl• east'· ¥!11 IN take" 1t tht ~•tte of 1-1/2
9'oW'I '°1" ffl1"1 ltOw' of enfl t4ld oW1"tf•. fR tt. •1111Mt c_,.,.11 tmy ti•
off h wad •• tN •U.d of c•111J1S&tf-1t1 fbr a.rtM1 t!t.t ttn off will bt
tat.• prfor to tlllt _.of till •f"Uf' fb1towhlf tM ...-tw h\ •tctt the
owrtt• us bNtl .ne«. l• de twnt u. •PlOJIH h cllftfH tttts
prGfhfon, .. , ... trill M C_,..!ltH flt ,_ for Mdt tfmt It tht
&WOpr"fat.t r•te lfllCffled e., tN• tectt•s. •" et thl •p1oJff'S opt10ft,
tilfJ HnlH c....-Mt9f7 ti• 1'f11 bt •tfdlcl tD the 9P10)ff S 'lllCltfOft
N11t1Ce.
SKUen 24. Onrtf91 Sf1!=9
T1'I Field Sentces Ohftioet (FSO) V.1" C•••fMllrt sMll c:ircu1at9 owerttm
,,,....., lllMU -u-11 fOr tM .... ,.. of ._u11., ICMclitled owrtf•
oPP1rt•ftfe1 __, ...,.. ••en of tftffttf,.ttff Sitrwtces Otvf1fH, CmaU'f t.J
trtM "'•••~•. S..t ltntcff IH.-tstoa, Ptrwl 1™9 Trah•htt tt.tstM. and Fteld s.ntces Dtwtstu. Tiit As•t•tt• ..., tlll ..,.rtalfit will .10tnt11..,...
• t rotat1 ... 1 ti...._ Utt pr«•••*
Scflffll144 OMrtw wn t11t1• an Ol'ttf't• opporttMttfes uapt rauttM
•41-of·atltft oterttw or _,,llM1 ""°'fat,. It is ""*~Wd tltat ff11fw9
own•• iap111r"'9fti•s "1 •••"I re•rw efflc.n is to be &VOtdM, •*•t for St.torftu.t...,..tt.v foeth11 ... ,, ..., hf Pu••· ea.tor aU•l•tfc ftlfttt. ••
Cit)' po.ft patrols.
~t.10!' !I.. d!!'J Mz
1o ..,,.,.. wn w '""1"4 to .-t • c•1ut1oa of Jllf'J *\f IH •"" tfM to
•:iaetl 12 ..... dur11111 • !~tlow ,.,.1-e« Tile Plf"ied wn cu a ra at tM
,._tNd tw of .,..,. ... ,., '""' dltJ. ~ •ti>-f 1 cltfi_. as tM U•
Ntweft ,.._,,... tfg of ...... ~ W dl8'hNl • tloft tf• h!Cllsed Ii I Nltllt
of .2tlf'1 4fu'1 will w c._.,.ut.td at tllil Nfe111t" rate of pq. Sect,,. 16. ¥.ot1• /tCC.,..,
YK•tiOfl wt1l be ICCf'llff *" • fllP101ff fJ fit ,., SUDS lftd 111111 N crfffWcf
on • •t-wMl1 ksis. so 4'f!Cf1111 IM crff't w11 not m• ~ u. .,...,
rite of .C.CfU.11. tlcia tlttftll• ..,,.,.. a.11 ICCrvt VKAtfOR •t tile _11..,. ...
rttl fGr coatiHMS Mf'ria ,...,.._.fa"' 1t.1tus:
lal Wi&'ZJH" · '"° .,._.., c-.l•tfrtt 11ss U... tow 111rs f , C.; to llMf'I Vl!UtttA lftft ptf' JNr ..
(b) ~,.,,, kt -1,.1 tfe at!' J!!!.! • for •ll)'H$ caspltH'8f fthr. &tut Mt ..,.. G " • 1"f'I eo1tf .._,. •ntce: lto ....,.. N1Ctt1• ltnt ..,. ,ur.
MEMORANDUM CF AGREEMENT
Page 9
(c) Nine or more years -For anployees completing nfne or more years
continuous servf ce; 160 hours vacation leave per year.
Section 27. Use of Vacation
(a) When to be taken -The tfme at wfch an anp1 oyee may use his/her accrued
vacation leave and the amount to be taken at any one tf111e shall be
detennf ned by the department head wf th particular regard for the needs of
the City, but ;nsofar as possible. considering the wf shes of the e1'ployee.
(b) L f11ftatfon on use -Employees may not use mre than thefr annual rate of
accrual fn any calendar year perfod, provf ded, ho.ever, that a department
head 111.Y grant exceptions to thf s 11Mitatfon.
(c) Waiting rfrfod -Employees shall COllplete sfx m:>nths continuous service
befOre us ng accrued vacation leave.
{d) Double comrrnsation prohibited -Ellployees shall not work for the City
durf ng the r vacation.
(e) Vacation splitting -It fs the fntentfon of the City that vacation be
taken fn units of o~ week; however, with the approval of the department
head. an eRployee 1111.)' use one llleek of his/her accnied vacation fn any
calendar year fn units of less than one t«>rlc week. but fn no instance fn
units of less than one-half of the norul t10rkday or shift. Requests for
exeptfon t.o this procedure must be approved by the Cf ty Manager.
Secllin 28. Vacation Pq at Termination
Employees leaving the municipal service kf th accrued vacation leave and W'lo give
at least two weeks notfce of their fntentfon to terminate shall be paid the
a1110unts of accrued vacation to the date of tennfnatfon. In special cases tllhen
bo weeks notice of tena1natfon 1s not possible~ the City Manager u,y auttorf ze
payment of accrued vacatfon. An employee Wlose service is terMinated for the
convenience of the Cit;y, other than as the result of d1sciplfnary action, shall
a 1 so be paid for this accrued vacation.. Payments for accrued vacation shal 1 be
at the employee's current rate of pay. ·
Employees who terminate aiplo,Y1Rent wfth the City and have le.cos than stx mnths•
continuous service shall not be cmpensated for accrued vacatiol"!.
Sect1on 29. Vacation Benefits for Deceased Employees
An employee who is eligible for vacation leave and who dies tllh11e fn the
munfci pal service shal 1 have the mount of any accrued vacation paid to the
employee's estate wf thfn thir~ days. This proration will be COMputed at the
1 ast baste rate of pay.
MEMORANDUM aF AGREEMENT
Page 10
Sectf on 30. Effect of Extended Mfl i tary Leave
An anployee who interrupts his service because of an extended mf11tary leave
shall be canpensated for accrued vacation at the time the leave becanes
effective.
Section 31. Sf ck Leave
(a)
(b)
Statement of ~11cy. Sfck leave shall be 1llowed and used only fn case of
actua1 P'ersona sickness or df S«b11 i ty, medical or denta1 treatment, or as
authorized fn Subsection 32(t), Personal business chargeable to sick 1eave.
Up to ff ve days sf ck leave per year May bi used ror 1f1ness 1n the twdhte
family (wife. husband, chfld, parent, parent-in-law, brother. sfster, or
close relative res1d1ng fn the household of the employee}.
Etigfbilfty. Regular and part-tf11e employees shall be eligible to accrue
and use sfck leave.
(c) Accrual. Sfck leave shall be accrued bf-weekly provided the anployee has
been fn a ~ status for 50 percent or more of a bf-weekly pay period. Sick
leave shall be accrued at the rate of 3. 7 hours per bi-weekly pay period.
(d) AccU9Ulatfon. Accrued sick leave may be acclllUlated wfthout lfmft, except
as provfdid fn Section 31(h).
(e) Use. Sick leave uy be used as needed and approved, to the point of
Ci'iifetfon, at which t111e the employee wfll no tonger receive pay for sfclc
leave. A new •ployee llilYt if necessary, use up to forty-eight hours or
shift equivalent of sick leave at any time during the first six months of
emplo,v-nt. Any negative balances generated by such ut11 izatfon wf 11 be
charged against future accrual c;r deducted frClll final paycheck fn the event
of ter11f nation.
An employee W\o has been disabled for 60 consecutive days and lilho fs
otherwfse eHgfble both for payment under the long-ten11 dfsabflfty group
fnsurance coverage and accn.1ed sfck leave benefits may, at his/her option,
choose efther to receive the long-term disability benefits or to utflfze the
remainder of Ms/her accrued sick leave prior to applying for long-tenn
df sabtlfty benefits.
Sick leave wilt not be granted for illness occurring tlrring any leave of
absence "ther than sick leave, unless the e11ployee can delM>nstrate that it
was necessary to come under the care of a doctor tllhfle on such other leave
of absence.
When an employee finds tt neces~ry to be absent for any reason, he/she
should cause the facts to be reported to the department -.~thin one hour
after hf s/her regular starting ttme on the ffrst wrk1ng day of absence, and
shall regularly report on, or account fn advance TI>r each wrk da.Y
thereafter unless hospitalized or otherw1 se 1nd1 sposed. " SUCh reports 111,y be
subject to written doc~ntation if there is reasonable evidence that sfck
leave abuse has occurred. Sfck: leave shalt not be granted 1.11less such
MEMORANDUM CF AGREEMENT
Page 11
( f)
( g)
I h)
(f)
report or advance accounting has been 1111de. provided, however. that the
department head aay grant exception to this policy where the cf rct111stances
warrant.
Documentatfon may also be required if there fs a r~asonable basfs to believe
that the Mployee mn.y not be .aedfcally fft to return t.o wrk.
Depletion of sf ck leave benefits. Upon depletion of sick leave ot· the
beginning of' the period tO bi covered by paymnts under the long-term
di sabi H ty group f nsUT"ance cov~rage. .t\1chever cmes f1 rs t, an e1pl oyee may
be granted a aedfcal leave of absence without pay for a perf od not exceeding
sfxty dsys. If the E111ployee fs t11able to return to work at the end of this
period. he/she must request further medical leue which wfll be subject to
the appron 1 of the C1 ty Manager. If further 1 eave fs granted, the employee
11ust notf fy the Cf ty of f ntent to return to woric every thf rty days. If
further leave 1s not granted. the enployee's service with the Cfty shall be
considered ter'l'fnated.
Forfeiture upon te"'fnation, £Jlp1oyees 1eavfng the •un1cf pa1 service shal 1
#orfeit all acc\.DUlated sick leave, except as otherwf se prc.vi ded by law and
Subsection 32(h). In the event that notice of resfgnatfon is give,, sick
leave 111a.y be used only through the day W1fch ws desf !1'ated as the final day
of wrt by such notice.
P~nt for accU11Ulated sick leave. Eligible e111ployees WX\ leave the
11tun c1µ1 servfc:e ln good standing, er who die tllhfle •ployed in good
standing by the Ciey, and WK> have fifteen or llU"1! years of cor.t1ooous
service shall receive c .. pensat1on for unused sfck leave hours in a SUll
equal to two and one-half percent of their l.llused sick leave hours
multiplied by their years of contiHuous service and their basic hourly rate
of pay at ten1fnation.. For a.11 fflployees e11terfng the service of the Cf~
prior to March 2. 1983, full sfck lea~ accrual will be pafd in the event a.f
ten111natfon due to dfsabf11t;y. For all emplcyees hfred after August 1.
1986, sick leave accrual accumulation shall be lf•ited to 1.000 ho~rs with
no payoff provision for ll'used balance at teminat1on.
Personal business leave chargeable to sick leave. Up to 20 hours per )ear
of personal bUsfness leave 1llY bi chargei61e to sick leave.
Section 32. Leaves of Absence Without Pay
(a) Disability. Leaves of absence without pay NJ be granted fn cases of
di sibn i ty not covered by stet leave. Pregnancy wf 11 be considered as any
other d1 sabil f •y. Leaves of absence for d1 sab1H ty ore slbject to
physfcf ans' verf f1catfon including dtagnos1s and 11edfc11 tri10rt restriction.
(b} Other leaves. Leaves of absence without pay •Y be granted in ctses of
personal emergency or-Wien such absences would not be contrary t.o the best
interest of the City. Son-d1sab11fty prenatal and/or postpartURt leave ts
available under this provf ston, but such leave shall not begtn .,re than six
months prenatal nor extend aore than six 111>nths postpartu..
MEMORANDUM Cf' AGREEMENT
Page 12
( c) During lllpai d leaves of absence for df sab1 li ty or other reasons, the
employee may elect to use acrued vacation credits. Requ~sts for leaves
without pay shall not be unreasonably denied. In order to avoid
misunderstandings. all leaves without pay must be fn wrftfng to be
effective.
( d) Approval of depart:Hlent head. Leave of absence wf thout pay for one .eek or
less 11ay be granted by the department head, depending on the merit of the
i ndf vi dual case.
{ e) Approval by Cfty Manager. Leave of absence without pay in excess of one
week's duration •ay be granted by the City Manager on the merit of the case,
but such leave shall not exceed twelve months' duration.
(f) Absence without leave. Unauthorized leava of absence shail be considered to be
Wl'tfiOut pay. and reductions in the employee's pay shall be made accordingly.
Unauthorized leave of absence may resut in termination of employment.
cg) Leave of absence; death outside the i11111ediate family. Leave wf thout pay may
be granted a regular employee by h1 s/her departliint head fn the event of
death to family members other than one of the fnnedf ate family, such leave
to be granted fn accordance with Section 32 (b). (d) and (e).
( h) Mflftar{ leave of absence. State and federal law shall govern the granting
of •fl i ary leaves of absence and the rights of anpl oyees return1 ng frOll!
such absence.
Section 33. Leave of Absence With Pay
The City Manager may grant a regular aaployee under his/her control a leave of
absence with pay for a period not exceeding thirty calendar days for re~sons he/she
dess adequate and in the best interest of the Cfcy.
The City Council mc\Y grant a regular employee a leave of absence with pay for a
pertod ~t to exceed one year for reasons t!\e Council considers adequate and in
the best interest of the City.
(a)
{b)
Subm!l!s; leave of absence. Regulal"' e1oloyees who are swpoenaed to appear
astnesses fn behalf of the State of California or any of f ts agencfes •Y
be granted leaves of absence w1 th pay from their assigned duties until
released. The eaployee shall remit all fees received for such appearances
to the City within thirty days fran the tennination of hfs or her services.
Collpensation for mileage or subsistence allowance shall not be considered as
a fee and shal 1 be retained by the apt oyee.
Elnplofee' s time off to vote. Time off with pay to vote at any general or
atrec prf111ry e1ectfon shill be granted as provf de«t in the State of
California £1ections code, and notice that an employee desires such time off
shat t be given fn accordance wf th the provisions of said Code.
(c) Leave of absence; death 1n fwdhte family. Leave of absence wfth pay of
three di'.Ys •Y be granted an •pl oyee by the head of hf s or her departllent
·'.
MEMORAND~ <F AGREEMEWT
Page 13
( d)
in the event of death fn the employee's innetfiate family, wfth is defined
for purposes of this section as wf fe, husband, son, daughter. father,
mother, brother, sister, RIOther-tn-law, father--fn-law, or a close relative
~esid1ng in the nuusehold of the sployee. Such leave sha11 be at fun pay
and shall not be charged against the employee's accn1ed vacation or sfck
leave. Requests for leave in excess of three days shall be subject to t~e
approva 1 of the Ci t,y Manager.
Ju~i duty; leave of absence. :Aployees required to report for jury "'ty
Slia 1 be granted a leave of" absence wf th pay frm thefr assi !Jted duties
until released by the court, provided the anployee remits to the City all
fees received for such dut1es other than mileage or subsistence allo\ences
wf tMn thf rty days fr~ the termfnatfon of hf s/'tter jury service-.
Section 34. Reduction in Force
In the event of reductions in force. they shall be accmp11shed llifterever possible
through attrition.
If the wrtc force 1 s reduced wl thin a d1v1 sf on for reasons of change fn duties or
organization~ al>olft1on of posftfon, shortage of .,rte or funds, or ca11pletfon of
wrk. employees wf th the shortest length of servfce wf 11 be laid off first so
long as •ployees retained are fully qualified. trained and capable of perfol"llfng
remaining lllOrlc. Length of service for the purpose of th1 s article wf11 be based
on total City ser"Vfce fn a regaJlar classf ftcatfon o~ classf ffcatfons. Employees
laid off due to the above reasons wf 11 be given wrftten notice at least thirty
days prfor t.o the reduction in force. A copy of such notfce w111 be gfven t.o the
Association.
Section 35. A!!;'!!.!,
The number of Agent positions shalt be governed by the August 12, 1981.
Arbitration Award.
Section 36. Parking fn Chfc CenUr Garage
Employees 1n represented classes shall be entitled to free parking in the Civic
Center Garage.
Section 37. Disciplinary Ac\1pn and Unsatisfactory Wort or Conduct
(a} Except as provided f n Sectfan 6 ( Probat1 onary Period) of this 1gre11111nt. no
•ployee shall be dfscfplined wfthout just cause. For the purpose of this
section. •dt sci pHne• shall be deellecl t:o tnclude d1 scharge. dellotfon,
reduction fn ~1 ary, wftten repri•and. cit set p11nary probation and
suspension. Di sci pHne shall be deaed not t.o tnct ude verbal repri•nds or
reductf ora; in force.
(b) Non-probationary atployees Wlose .ork or conduct 1s unsatfsfacto"' but not
sufftctently deffcient to wrrant df sci p11ne. dMotfon. or cff schar• wf11 be
given a M"'1tten notf ficatfon of unsatisfactory writ or conduct and an
MEMORA~OUM OF AGREEMENT
Page 14
opportunity to improve. Failure to correct deficiencies and improve to meet
standards may result in disc1pline_ deinot1on or discharge.
(c} Notice of d1sciplfnary action must be in writing and served on the employee
in person or by registered ma11 prior to the disciplinary action becoming
effective. However. in extreme situations where there is reasonable cause.
the employee may be removed frm pay status i11111tedf ately pendf ng such
dfscfp1fnary action. The notice must be filed on a timely basis wf th the
Personnel Department and included in the employee's personnel ffle. The
notice of di sci pl inary action sha11 include:
fl) Statewtent of the nature of the di scf pH nary 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 omissions
upon tidlf ch the causes are based
(5) Copies of any documents or other ftems of evf dence upon "'fch the
df sc1pl1nary action was fully or fn part based.
{6) Statement advising the aaployee of his/her right to appeal fran such
action. and the right to Assocf atfon representation.
(d) If the discfplfnary action c~nsfsts of suspension, any suspension tfine
previously gfven shall be credited to the final di sci p11nary action.
(e) Subject to state 1aw requf rements. &Rpl oyees 1111.Y request that df sc:f plfnary
actfons be sealed according to the following schedule:
(1) Written reprimands wf th no recurrence after one (l) year.
(2) Df scf plfnary probation after three (3) years from the 1R1ple112ntation
of such probation, if no other dt scf pl fnary action has occurred during
that period.
(3) Suspensions less than three (3) dlys wf thout recurrence, after two (2) years.
(4) Suspensfons more than three (3) days but less than sfx (6) days, after
three ( 3) years.
(5) Suspensions of six (6) days or 110re, after ffve (5) years.
Written requests fOr sealfng of df scfpHnary actions should be directed to the
Personnel and Trafnfng Coordf nator .. ·
Sealing shall include al 1 l'lt!llOS, letters, correspondence. cmpl a int fot"lls,
any any other material pertaining to the d1 sci plfnary action that has been
placed fn the aaployee•s personnel file~
MEMORANDUM CF AGREEMENT
Page lS
Sealing shall not include the sealing of any 111.terfal related to crf11frtal
offenses for .tifch the ewtployee was charged except in concurrence wfth the
sealing or expungement of crfMfnal charges by a COtJrt of cC11tpetent
jurisdiction or in the event of a. c<llltplete exoneration of the e11ployee by the
judjci al systelll.
The Cfty Personnel Depart:Ment shall be notified fn all cases W.ere sealing
of disciplinary action is taken. Personnel Department copies of the
disciplinary aetfons will be disposed of 1n a unner consistent with the
Police Department's action.
The sealed action shall not be held to discr111tfnate against the emoloyee fn
any subsequent dfsc1plfnary action, or fn the event of proa>t1on, merit
step raf se, transfer, request for educational leave, modf ffcatfon of
duties, vacation selection. app1fcatfcn for other emplo.YWl@nt, or against
any other actf on the atpl oyee nay take for hfs or her personal
f inprove.ent.
Once sealed, the file shall not be opened aailess the ewployee requests such
unsealir.g and then only for exmnfnation by the person or persons whCln the
employee specf f1es or at the d1 sc:retfon of the Chief of Pa lice, lllto fn the
absence of a dellonstrable aergency shall notify the a1ployee a •int .. of
48 hours before the opening of the sealed ffle and the reason for opening.
In the event the e11ployee cannot be notified in advance, notf ftcation must
be made on the mployee1 s first cklty day after the sealed ffle is opened.
Section 38. Grievance Procedure
(a) The City and the Associ at1on recognize that early settl eaent of grievances
fs essential to sound mp1oyee-mp1oyer re1atfons. The parties seek to
establish a •tually satisfactory 11ethod fer the settle11ent of Ellplcyee
grievances, or Assoc1at1on grievances, as provided fOr below. In
presenting a grievance, the aggrieved a"d/or hfs or her representative is
assured freedmt frm restraint, interference, coercion, df scrflrination or
reprt sal.
(b) Definition -a Grievance is:
(1} An unresolved caMplafnt or dispute regard1n9 the application or
fnterpretation of rules. regulations, polfcfes, procedures, Melll>randa
of Agreanent. or Cf t;y ordinances or resolutions, relating to t:en1s
condftfoBs of eaployment. wages or frfnge beneff ts.
(2} An appeal frcn a d1sc1p11nary action of any kind against an mployee
covered by this Memorandlm of Agreement.
( c) Access to the Grievance Procedure
Except as provided in Section 6. Probationary Period, all anployees
represented by the Assocfatfon 11Q' ffle and process a grievance. Such
aggrieved anployees may be represented by the Association or uy represent
MEMORANDUM CE AGREEMENT
Page 16
themselves 1n prE!paring and presenting thef r grf evance at any level of
review. The Association may file a grievance when an Assocfation rf ght not
directly related to an fndfvfdual employee becanes slbject to dispute.
( d) Conduct of Grievance Procedure
(l) The tiMe 1imfts specified in this Article may be extended by mutual
agreement fn writing of the aggrieved employee or the Association and
the reviewer cQncerned.
(2) Should a decision not be rendered within a stipulated time 1imft, the
aggrieved employee uy 1medfate1y appeal to the next step.
(3) The grievance 111y be considered settled if the decf sfon of any step is
not appealed ~thin the specified tfme limit.
(4) If appropriate, the aggrieved employee or the Association and
Management 11ay mutually agree to waive an:t step of the grievance
procedure.
(5) Written grievances shal 1 be submitted on forms provided by the City or
on fonns which are mutually agre2able to the Cf ty and the
Association.
(6) Any retroacthf ty on 1110netary grievances shal 1 be li111 ted to the date
of occurrence, except fn no case w111 retroactfvf ty be granted pr for to
three 11>nths before the grievance W!S filed 1n writing.
Step I. The aggrieved employee will first attanpt to resolve the grievance
througn fnfor11al discussions with hfs or her f11111ediate supervisor by the end of
the tenth working day following the discovery f)f t>r the incident upon ~ich the
grievance 1s based. Every attempt wf 11 be made to settle the 1 ssue at th1 s
levelo {Note: For purposes of t1111e lfaits, the work1"g days «re considered to
'be Monday through Fr1day, exc1ushe of City holidays.)
Stef II. If the grievance 1s not reso1 ved through the f nfonnal dt suss ion, the
emp oyee wf 11 reduce the grf evance to 'llllf'itf ng and sub111f t copf es t.o the division
head or eqti'fvalent level Management ewiployee as designated by Management as
approprhte wf thfn ten tri0rkf ng days of the discussion wf th the fnaediate
super\'-1 sor.
The dtvis1on head or equivalent level Management employee shall have ten -.ork1ng
days f"'OI the receipt of a written grievance to review the 1111tter &nd prepare a
written stataent.
~J! III~ If the grievance is not resolved at Step II. the aggrieved e11ployee
11ay appeal to h1s or her department head in wrftfng within ten workf ng days of
the recet pt of the d1 vfs1on head's response.
The department head shall have ten wrki ng days frm the receipt of a wi tten
~~t:e~t to revf ew the •tter and convey his or Mr decision by wrf tten
M~MORANOUM CF AGRED4ENT Page 17
Step IV. If the grievance is not resolved at Step III, the aggrieved anployee
may appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made
fn writfng and dfrected to the Personnel Director wtthfn ten \CJrkfng days of
receipt of the department head's response. The Pel"'sonnel 01 rector shall convene
an Adjustment Board ltfth1n ten working days of receipt of the appeal. The
Adjustment Board shall consist of two persons appointed by the Assoc1atfon and
two persons appointed by Managaent.
The Adjustment Board fs empowered to cal 1 Cf ty employees as wf tnesses.
~i thfn the context of Step IV, the Adjustment Board wf 11 have the same po.ers and
limitations to settle grievances as an arbitrator.
A Majority decfsfon of the Adjustment Beard shall be ffnal and binding. The
Adjust:Ment Board shall render its ffndfngs and decisions (ff any) to the parties
w1 thf n ten wort f ng days of f ts eeti ng.
Step V. If the grievance is not resolved at Step IV, the aggrieved employee may
chOose between final and binding resolution of the grievance throu~ appeal to
the City Manager or through·appeal to final and binding grievance arbitration.
for the tenn of thfs Memorandm of Agr!e111ent, appeals to ffna1 and b1ndf r.g
arbf tratfon NY be processed only wt th Association approval. All Step V appeals
must be filed in wrftfng at the Personnel Department Office wfthfn ten workf ng
days of recef pt of the Adjustment Board's di spositfon under Step IV.
If the aggrieved etnployee elects final and binding resolution by the Cfty
Manager, the Ciey Manager will choose the methods he or she considers appropriate
to review and settle the grievance. The City Manager shall render a written
decision to all parties directly involved ~thin ten W'lrlcing days after receiving
the e11ployee 1s appeal.
If the aggrieved employee elects final and binding arbitration fn accordance with
this prnvf sion. the parties shall mutually select an arbitrator. In the eYent
the parties cannot agree on an arbitrator, they shall MUtua11y request a panel of
fhe arbitrators fraa the California State Concflf atfon Service or frm the
Allerfcan Arbf tratlon Assocfatfon if either party objects to the State
Conciliation Service~ and select an arbitrator by the alternate strike method.
The arbitrator shall have jurisdiction and authorf1;y o~ly to interpret, apply, or
deter11tne c011plh.nce with the provisions of this Menl>rancklll of Agree11ent and such
Mer1t Syston Rules. regulatfons, policies, procedures, City ordinances.
resolutions relating to ten11s or conditions of e11plo.YEnt, wages or fringe
beneft ts, as may hereafter be fn effect fn the Ci t;y insofar as 111y be necessary
to the dete,,.fnatfon of grievances appealed to the arbitrator. The arbf trat.or
shall be wf thout power t.o make any decision:
(l} Regarding matters of interest
(2) Contrary to, or fnconsisent wf th or .-,di fy1ng in any wy, the tenss of
thf s Metnorandll!I of Agree.ent.
(3) Granting any wge increases or decreases
MEMORANOl.Jt CF AGREEMENT
Page 18
The arbitrator shall be wfthOut authority to ~quire the Cit;>' to delegat~ or
relinquish any powers wMch by State law or City Charter the Ci cy cannot de1 egate
or rel fnqu1 sh. Where either party see!<.s arbitration an·d the other parey claims
the matter is not subject to the arbitration provisions of this Melll)randllll of
Agreement, the issue of arbitrabf11ty shall first be decided by the arbitrator
using the standards end cr1 ter1a set forth in this section and wf thout regard to
the merits of the grievance. If the issue is held to be arbitrable, the
arbitration proceedings will be re<:essed for up to five working days during W11ch
the parties shall attempt to resolve the grievance. If no resolution is reached,
the arbitrator will resume the nearing and heiir and resolve the issue on the
mer1 ts.
Copies of the arbitrator's decision shall be slA>mitteti to the City, the aggrieved
employee and the Union. All direct costs emanating fran the arbitration
procedure shal 1 be shared equally by the City and the aggrieved Ellpl oyee or" the
Association.
Section 39. Bulletin Boards and Telephones
The Association shall have access to existing bulletin boards in Unit employee
'«>rk areas for the purpose of posting notices or announcements including not1ces
of social events, recreational events, Wlelllbershfp meetings. results of elections
and reports on Minutes of Association meetings. Any other material •ust have
prior approval of the Police Chief. Action on approval will be taken wfthin 24
hours of subllissfon.
City telephones MY be used for Association blisfness so long as there f s no
disruption of \Cn1c. and all toll or message unit calls are charged to the
Association credf t card.
Section 40. Access to Association Representatives
Representatf ves of the Association are authorized access tc Cf ty wirt locations
for the purpose of conducting business wt th1n the scope of representation,
provided th«t no disruption of 'IC)rk is fnvolved and the business transacted fs
other than recruiting of llenibers or collecting of dues. and the representative
11ust notify the Personnel Department office prior to entering the M>Mc location.
Sectfon 41. Meetfng Places
The Association shall have the right to reserve Ci1;y meeting and conference rocas
for use during non-working hours. Such meeting places wfll be 1111de available fn
confo,..iey with Cf ty' s regulations and subject to the 11111 tations of prior
c~ftment.
Sect ten 42.. Full Understan<Hn.J
(a) The Mellorandt.m of Agreement contains the ful 1 and entire ll\derstand1 ng of
the partfes regarding the matters set forth heref n.
• • MEMORANDUM <F AGREEMENT
Page 19
(b) It 1s the intent of the parties that ordfna~ces, resolutions, rules and
regulations enacted pursuant to tM s Memorandtln of llnder!itand1 ng be
acmfnf stered &nd observed in good fafth.
(c) Nothing fn this agree11ent shall preclude the parties fron 11utually a~ee1ng
to ineet and confer on any subject wf thfn the scope of representation during
the tel"ll of thf s agreement.
( d) Representatives of ma.nagetnent and the Association wi 11 meet oorf ng the
ter11 of tM s agreement to discuss a wr1 tten proposal sublti tted by the
Association relating to prClllOtfonal procedures for the Agent and Sergeant
classfffcat1ons. The proposal may include but not be ltmfted to qua11fyin~
examfnatfons, pay step at prOlllOtfon and first class officer status as a
qual 1 ff cation.
The target for ca11pl etfon of 111eetf ngs 1s Marr.h 1, 1987.
Section 43. Printed Agreement
The City will provide copies of the Memorandll'! of Agreement resulting fran these
negotiations 'fn booklet fo"" to all represented employees.
Section 44~ Duration
This MellorandUll of 4grelf!llent shall becase effective July 1, 1986 and ranain
effective untfl June 3011 1988.
EXECUTED: July 27. 1986
FOR: FOR: