HomeMy WebLinkAboutRESO 6721RESOLUTIOt~ NO. 6 7 21
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO
ALTO AMENDING SECTION 1601 OF THE MERIT SYSTEM
RULES AND REGULATIOtlS REGAF.DING THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND
THE PALO ALTO PEACE OFFICERS' ASSOCIATION
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION 1. Section 1601 of the Merit System Rules and Regu-
lations is hereby amended to read as follows:
•1601. llemorandua of agreeaent incorporated by
reference. That certain memorandum of agreement
by and between the City of Palo Alto and Palo Alto
Peace Officers• Association, consisting of Preamble
and Sections 1 through 45, for a term commencing
July 1, 1988, and expiring June 30, 1989, is hereby
incorporated into these Merit System Rules and Regu-
lations by reference as though fully set fort~ here-
in. Said memorandum shall apply to all emplo•ees in
classifications of police officer, police ag~nt, and
police sergean~, exc~pt where specifically r£ovided
otherwise herein.
In the case of conflict with this chapter and any
other provisions of the Merit System Rules and Regu-
lations, 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 established or accrued, or any offense or act
committed, or any penalty of forfeiture incurred, or any prosecu-
tion, 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 un-
der the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED: July 18, 1988
AYES: Bechtel. Cobb, Fletcher, Klein. Levy, Renzel, Sutorius, Woolley
NOES: None
ABSTENTIONS: None
1.
ABSENT:
APPROVED:
· .. , .. .... _
Patitucci
.... ... ,,
·~ .......
_(~-
~-Personne
2.
•'
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS' ASSOCIATION
July 1, 1988 -June 301 1989
PREAMBLE
This Memorandum of Agreement 'is pursuant to and stbject to Sections 3500-3510 of
the Government Code of the State of California, the Charter of the Cit> of Palo
Alto, and the City of Palo Alto Merit System Rules and Regulations.
This Memorandum 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 Paio Alto Peace Officers' Association, Incorporated, a
California corporation (hereinafter referred to as "Association"). is intended to
define agreements reached during the meet and confer process concerning wages,
hours. working conditions, and other terms and conditions of employment for the
represented group of employees.
Section 1. Recognition
The City recognizes the Association as the exclusive representative of an
employee group consisting solely of Police Academy Trainees, Police Officers,
Po11c~ Agents, and Police Sergeants who are regu1 arly employed by the City and
othe!'·s who might be amended into the repres~ntation unit from time to t;me under
exi~ting law and the Merit Syscem Rules and Regulations.
Sertion 2. No Discrimination
\a) The Association and the City hereby agree that there shall be no
discrimination because of race, colorf agf, handicap, sex, national origin,
political or religious affiliation under this Agreement. There shall be no
discrimination in employment conditions or treatment of employees on the
basis of membership or non-membership in the Association, or participation
in the lawful activf~ies 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 the Association and to abide
by the express provisions of applicable State and local laws.
Section 3. Association Security
(a} When a person fs hired in any of the covered job classifications, the City
shall notify that person that the Association is the recognized bargaining
representative for the employee fn said Unit and give the em~~oyee a current
copy of the Memorandum of Agreement.
(b) If there is no disruption of work, members of the Association Board of
Directors may use a reasonable amoutlt of on-duty time without loss of pay to
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attend to Assoc1atfon business spec1ffca1ly relat~ to representation of
@eployees. Such release time ust be c1eared in advance by the apP'"op-
rfatf' d1wis1on D1ln1ger ..no fs ~ ~er of management.
For purposes of thh se. ':ion. rt-pr-e5'ntation shal 1 include:
(1) Meetings w1th represented employees or m!nagement relate<i to a grievance,
including fnvest1gatfon and prePtretion time.
{i1) A ineeting with fftiln19e111ent related to benefits, workfng conditions or other
ter"lts ane con<ff tfons of einplo)1M'nt.
Section 4. Paxroll Deduction
The City shall deduct Association ll!llbersh1p dues and any other mutually agreed
upon payroll deduction from. the t:f-~elc.ly pay of 11en1ber employees. The dues
deduction must be auth0r1zed fn wr1t1ng by the employee on an authorization card
acceptable to the Cfty and the Assocfatfcn. T,.. Cf ty shall renrit the ~dutted
Clues to the Association 11 soon as possfble after de<luctfon.
S.Ct1on S. No Strikes
Ttt. Assoc11tfon 1 fts representatfves, or oembers, shill not enqage fn or cause.
,.nst1gate, encourage. sanction. or condo,,. 1 strike, wftflholdfng of services.
concerted abuse of leave of absence prov1s1ons. work stoppage or work slowdow-t of
any kfnd. No nployee shl11 refuse to cross any picket l fr~e fn the conduct of
Police Deparblent b~siness. nor shall the Assocfat1on, fts r•presentat1ves, or
•ttbers dhcri•fnate fn any •Y towrd anyone -"to refuses to pertfcfpate in 1
strike, or any of the job actions cited above.
Section 6. Probationary Period
(1) TM probltfonar~ perfod for new apl oyus entertng the cla ssif1cetions ot
Polfc• ActdMy Trainee or Police Officer shall end 12 MOnths following the
successful COtlt)let1on of Pclfct Academy tr1fnfng. The pr-ooationary period
for 1at•ra1 entry positions • .ttere Po11c• Acadell)' tra1n1ng is .e1ved. shall
be 12 months.
( b) The Pf'Obtt. ionary period shnl l bt r-etarded as part of the testing process and
shill be utilfzed for closely observing all aspects of the e11ployee 1s
qua1tf1cattons. for ensuring the •ffectiv• adjus~nt of a new employee to
the posf tfon 1nd for re,,.cttng any prob1t1onary e•plo)'te who in the opinton
of -.nage•nt 1s not suitable to atU1n pet"Nnent status.
( c) Dur1 ng tht prob1.t fona.ry period a new fllPlO)"ee may be ter•inated at any tfme
by the appofnting authority without cause. The ex fstence of cause for
ten11nation shall not bt 1rbftr1ble.
Problttonery eplo)'tes shill l net be terafnatH for reasons that violate
Sectfon 2. {No 01scrf•1n1tton) cf thfs AgreeR11ent. or for reasons that are
unc.onstitutional Of' unl•wful.
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Section 7. Salary Provisions
Effective beginning July 2, 1988. a sa1ary increase of SS will be applied to the
salary ranges of all represented classifications.
Section 8. Annual Adjustment
Annually. each employee wtio holds a regular full-time appointment in the
municipal service on or before July first and continues in such status through
the first pay period in December shall receive, in addition to the salary
prescribed herein, a salary adjustment equal to one percent (lS) of the
employee 1 s current annual salary; or at the employee's option and suoject to
rr.anagement approval, 24 hours paid leave to be used prior to the January 31
following. Annual adjustments or tine off shall be prorated to reflect
appointment from January 1 through July 1 of the current year, or interrupted
service during the year.
Section 9. Night Shift Differential
N1ght shift differential shall be paid at the rate of SS to represented classes
for all hours worked between 6:00 p.m. and i:oo a.m. Vacation pay for employees
who regularly work night shifts shall include appropriate night shift premiums,
relai:.fng to night shift hours regularly worked.
Section 10. Paid Holidays
(aj The following holidays are recognized for pay purposes. Represented
employees shall have these days off with pay, except as otherwise provided
in Section ll(d).
January 1
Third Monday in February
Last Monday in May
July 4
First ~nday in September
September 9
Second Monday in October
November 11
Thanksgiving Day
Day after Thanksgiving Day
Decetmer 25
In tiie event that any of the aforementioned days falls on a Sunday. the
following Monday shall be considered a holiday for pay purposes. In the
event that any of the afore~~ntioned days falls on a Saturday. the preceding
Friday shall be considered a hoiday for pay purposes.
(b) A represented employee whose duties do not r1orma1ly require work on paid
holidays enumerated above shall be compensated at the rate of one and
one-half times the basic salary for the hours worked. or shall receive·
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L•JU1pc11sdtu1·y llmt:· ott dt ll•t:! f'dle ot one ll11w~ th~ hours w>rketl. 111 r:11hlltiun
to regular Pd~·
(c) Represented employees working fn eight-hour, ffve-day assignments who do not
receive in-lieu holiday pay shall receive a floating day off with pay in
each of the following 111>nths: January, March, April, June and August.
The January day must be taken on Martin Luther King Day (third Monday in
January) if such is declared a holiday for other Cfty employees. Scheduiing
of the days off must be approved in advance by management. Days not taken
off under th1s provision will be added to the vacation accrual sti>ject to
maxfm1.111 accrual 1imitat1ons.
(d) A represented employee who is assigned to a field services watch shall
receive in-lieu holiday pay equal to eight hours pay for each holiday listed
un<ter Section lO(a), plus e1ght hours in-lieu l'K>liday pay for the third
Monday in January (96 hours per year). or equivalent compensatory ti~ off.
In the event such an employee is e~cused from 11110rk in observance of the
holiday, no additional compensation shall be given.
(e) Any employee on leave of absence -ithout pay shal) not receive a"Y
compensation for holidays occurring durfng such leave.
( f} Represented employees must be in a pay status on the work. day preceding a
holiday to be eligible to be c0tnpensated for the holf day.
Section il. Wor~fng Out of Class Pa1
Within each bi-weekly pay period, after one shift in a higher classificatfon has
been worked. e~ployees shall receive a seven percent pre~ium for all additional
shifts 11110rked out of class1fic&tion.
Section 12. Education Incentive Program
To enc~u~age individual development through a compt"ehensive incentive program.
dChievement of the POST Intermediate Certiftcate and the POST Advance Certificate
shall provide a premfum of SS and 7-l/2S, respectively, to the base salary of t~e
affected employee.
Section 13. Tuition Reimbursement
Effective July 1, 1984, the tuition reimbursement p-ogram naximum shall increase
from S800 to Sl,000 per fiscal year. Up to S!OO of the annual maximum may be
used for reimbursing the purchase of W10rk-related books.
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Section 14. Court Pa1
s~orn Police Personnel appearing in court for the People wi11 be compensated
according to the following;
Period
1. Appearance on scheduled day off
2. Any and all court ti~ 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 i11'mediately after
scheduled shift.
Rate Minimum -
Time and one-half 4 hours
Strid ght time during None
shift, time and one-
half for periods before
or after scheduled
shift.
Tirre and one-half 2 hours
( 2 hour minimum
may not run
into shift)
Section 15. Health and Life Insurance Plans
(a) The current City-sponsored health and life insurance plans shall continue in
effect. The City shall assume any premilJlll cost increa~ in the current
City-sponsored health plans for active representation unit employees dtring
the period of July l. 1986 to June 30, 1988.
(b) Heaith Plar. Cost Containment -The City of Palo Alto Employees' Health Plan
shall be roodified to include the following cost containment provisions:
(i) Second surgical opinion to be re~uired for all non-emergency elective
surgery.
(ii) Pre-admission certification and continued hospital stay review for all
non-emergency in-patient admission to an acute care hospital.
Specific provisions to be ~rked out on a mutually agreeable basis.
{iii) Hospital bill audit for all bills in excess of $15,000.
(iv) Psychiatric coverage maximum of $50,000 on in-patient visits with
annual reinstatement of maxim1r.1 up to $2,500.
Section 16. Dental Benefits
(a) The City will maintain the present level of benefits on the City-sponsored
dental program for current employees and their dependents, ex~ept that the
maximum benefits per calendar year shall be $2,000 effective in 1988.
(b) Effective July 1, 1985, the City will provfde a SOS of reasonable charges,
$1,500 lifetime maximum orthodontic benefit for re;>resentation unit
employees and their dependents.
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Section 17. Retirement Be~efits
{a) Tne c~~rent Pub1f c Employees' Retirement System (PERS) Benefits, known as
the "t~ percent at 50" Pl an, sha 11 continue in effect.
(b) Effective July 1, 19e3, the City shall pay 7 percent of the employee's
retirement contributiJn costs.
( c) Tne City wi 11 ; ncrease the pick-up of employee PERS contribution from 7S to
91 effective ~ith the pay period including Septeni>er 1, 1984, which benefit
wi 1l continue through the 1 ife of this Agreement through June 30, 1988, and
its continuance or a modif~cation of the existing provision may be subject
to negotiation at the request of either party.
(d) For purposes of negotiation and arbitration proceedings hereafter. the
payment 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.
~:lon 18. Retirement Medical Plan
The City shall. upon submittal of evidence of payment. reimburse up to S330 per
quarter without Medicare. and $216 per quarter with Medicare, of medical plan
premiums on behalf of representation unit employees ""o retire from the City
under service or disability retirements. The retiree may select any plan. The
plau may cover eligible dependents as defined under the City Employee's Health
Plan. No reimbursements will be made for plans provfdfng benefits other than
medical and health benefits.
Section 19. Psycholog1c31 Counseling Program
The psychological counseling program currently in effect shall be continued. The
program shall provfde 24-hour emergency counselin~ by independent professional
consultants. This program shall be reviewable by the parties on or after
June 30. 1984.
Section 20. Uniforms
(a) The City wi 11 supply complete unifonns to al 1 sworn personilel. All unf fonn
items are the property of the City. One complete uniform consists of:
{l) three pa 1r 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 w1th patches,
(8) dress shirt, (9) necktie. and (10) rain gear.
{b) At the time of in;tial employment every S'lolOrn employee wi1l be issued one
complete unf form. Unifonn items will be replaced on an as-needed basis
subject to ver1ficatfon by management.
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(c) 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.
( d) Personnel are accountable for all uni form items 1ssued to them. If a
particular item 1s lost or damaged due to employee negligence. the employee
wil 1 be r~qufred to reimburse the City for value of the item( s) lost or
damaged.
(e) The City sha1 l reimburse eir.pl oyees 75 percent of the cost of job-related
safety shoes upon verification of such purchase by the employees.
Section 21. Work Schedule
(a) The ten hour day/four day work week schedule shall continue f"r all sworn
Field Service Division employees.
(b) The present days off rotation system shall remain in effect, except as noted
below.
( c) Management may establish a maximum of four fixed-day-off ix>sitions for each
of the second and third watches. T~ positions will have Saturday, Sunday
and Monday off, and two positions will have Sunday, Monday and Tuesday off;
or, other fixed days off may be established as mHtually agre~ Loy 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:
( l} On a voluntary basis by seniority; or
(2) In the event that there are no volunteers, ~~nagement may assign the
least senior personnel to fixed days off.
After twelve months of experience with this plan as set forth in this
subsection, management and Association representatives shall rreet to review
the scheduling plan. Proposals for modifications shall be discussed at that
time.
Section 22. Field Services Division Shift Assignment
All Ffeld Services Division personnel shall bid annually by classification
seniority for the shift of their preference.
Management shall determine the number of Sergeants. Agents and Officers to be
assigned to each shift. Field Training Officers, FTO Sergeants. and probationary
employees shall be subject to admf nf strati~ assignment.
Officers. Agents and Sergeants may remain on the same shift for two consecutive
years based upon classiffcation sen·iority. However. after a two-year period. 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.
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Sect1on 23. Overtfme Pay and Compensatory Time Off
(a) Overtime pay at the rate of time and one-half of the employee's regular rate
shall be provided for an overtime work.
(b) Compens~tory tilll! off, which is approved by management in-lieu of overtime
payment on a staffing available basis, will be taken at the rate of 1-1/2
hours for every hour of credited overt;me. In the event compensatory time
off is 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 which the
overtime has been ~rked. 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 tin-e will be added to the employee's vacation
balance.
Section 24. Overtime Sign-up
The Field Services Division (FSD) Watch Commanders shall ~irculate overtime
sign-up sheets monthly for the purpose of equalizing scheduled overtime
opportunities among sworn members of Investigative Services Division, Community
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 understood that fiiling
overtime opportunities by using reserve officers is to be avoided, except for
Stanford University football games, May Day Parade, major athletic events, and
Cfty park patrols.
Section 25. Jury Duty
No employee shall be required to work a combination of jury duty and "'°rk time to
exceed 12 hours during a 24-hour period. The period shall commence at the
required time of appearance for jury duty. Ju~y duty is defined as the time
between required time of appearance and dismissal. Work time excused as a result
of jury duty will be compensated at the regula~ ~ate of pay.
Section 26. Vacation Accrual
Vacation will be accrued \rtien an employee 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 employee shall accrue vacation at the following
rate for continuous service performed in pay status:
{a)
(b)
less !;!lan four ~ears -For employees completing less than four years
continuous serv1ce; 80 hours vacation leave per year.
Four, but less than nine fears -For efl'lployees completing four, but not
more than nine years cont nuous service; 120 hours vacation leave per year.
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(c) Nine or more years -For employees completing nine or roore years
continuow; service; 160 hours vacation leave per year.
Section 27. Use of Vacation
(a) When to be taken -The time at lll'hich an employee may use his/her accrued
\/acation leave and the amount to be taken at any one time shall be
determined by the department head with particular regard for the needs of
the City, b11t insofar as possible. considering the wishes of the employee.
(bj Limitation on use -Employees may not use roore than their annual rate of
accrual in any calendar year period, provided, however, that a department
head 1rey grant exceptions to this limitation.
(c) Waiting period -Employees shall complete six months continuous service
before using accru€d vacation ieave.
{d) Double compensation prohibited -Employees shall not work for the City
during their vacation.
(e) Vacation splitting -It is the intention of the City that vacation be
taken in units of one week; however, with the approval o·f the department
head. an employee may use one week of hfs/her accrued vacation in any
calendar year 1n units of less than one work week, but in no instance in
units of less than one-half of the normal workday or shift. Requests for
exeption to this procedure must be approved by the City Manager.
Section 28. Vacat1on Pay at Termination
Employees leaving the municipal service with accrued vacation leave and who give
at least two weeks notice of their intention to terminate shall be paid the
amounts of accrued vacation to the date of tennination. In special cases when
two weeks notice of termination is not possible, the City Manager may authorize
payment of accrued vacation. An employee whose service is terminated for the
convenience 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 terminate employment with the City and have less than six lll)nths 1
continuous service shall not be compensated for accrued vacation.
)ection 29. Vacation Benefits for Deceased Employees
An employee who is eligible for vacation leave and who dies wtiile 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.
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Section 30. Effect of Extended Military Leave
k:t employee who interrupts his service because of an ~~tended military leave
shall be compensated for accrued vacation at the tfme the leave becomes
effective.
Section 31. Sick Leave
(a) Statement of policy. Sick leave shall be allowed and used only in case of
actual personal sickness or disability, medical or denta~ treatment, or as
authorized in Subsectfon 3l(i), Personal business chargeable to sick leave.
Up to 40 hours sick leave per year rray be used for illness fn the immediate
family (spouse, child, parent, parent-in-law, brother, sister, or close
relative residing in the ~usehold of the employee).
(b) Eligibility. Regular and part-time employees shall be eligfble to accrue
and use sick l!ave.
(c) Accrual. Sick leave shall be accrued bi-weekly provided the employee has
been in a pay status for 50 percent or more of a bi-weekly pay period. Sick
leave shall be accrued at the rate of 3.7 hours per bi-weekly pay period.
(d) Accumulation. Accrued sick leave may be accumulated without limit. except
as provided tn Sectinn 3l(h).
(e) Use. Sick leave may be used as needed and approved. to the point of
depletion, at which time the employee will no longer receive pay for sick
1eave. A new employee may. if necessary. use up to forty-eight hours or
shift equivalent of sick leave at any time during the first sfx months of
employment. Any negative balances generated by such utilization will be
charged against future accrual or deducted from final paycheck in the event
of termination.
An employee who has been disabled for 60 consecutive days and "10 is
otherwise elfgible both for payment under the long-term disability group
insurance coverage and accrued sick leave benefits may, at his/her option.
choose either to receive the long-term disability benefits or to utilize the
remainder of his/her accrued sick leave f:W"fOr to applying for lcng-tenn
disability benefits.
Sick leave will not be granted for illness occurring during any leave of
absPnce other than sick leave. unless the employee can demonstrate that it
was necessary to come under the care of a doctor while on such other leave
of absem:c.
When an employee finds it necessary to be absent for any reason. he/she
should cause the facts to be reported to the department within one hour
after hf s/her regular starting time on the first 1110rking day of absence. and
shall regularly report on, or account in advance for each work day
thereafter unless hospitalized or otherwise indisposed. Such reports may be
subject to written documentation if there is reasonable evidence that sick
leave abuse has occurred. Sick leave shall not be granted unless such
( f)
{g)
( h)
( i)
{ j)
11 -
report or advance accounting has been made, provided, ho\.#ever, that the
department head may grant exception to this policy where the circumstances
~c~rrant.
Documentation may also be required if there is a reasonable basis to believe
that the employee may not be medically fit to return to work.
Depletion of sick 1eave benefits. Upon depletion of sick leave or the
beginning of the period to be covered by payments under the long-term
disability group insurance coyerage, 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
period, he/she must request further medical leave which will be subject to
the approval of the Cfty Manager. If further leave is granted. the employee
must notify the City of intent to return to work every thirty days. If
further leave is not granted, the employee's service with the City shall be
considered terminated.
Forfeiture upon termination. Employees leaving the municipal service shall
forfeit all accumulated srcr leave, except as otherwise provided by law and
Subsection 32(h). In the event that notice of resignati~n is given. sick
leave may be used only through the day which was designated as the final day
of work by such notice.
Payment for accumulated sick leave. Eligible employees who leave the
municipal service in good standing, or who die while employed in good
standing by the City. and tiilo have fifteen or roore years of continuous
service shall receive compensation for unused sick leave hours in a s1.11t
equal to two and one-half percent of their unused sick leave hours
multiplied by their years of continuous service and their basic hourly rate
of pay at termination. For all employees entering the service of the City
prior to March 2. 1983, full sick leave accrual will be paid in the event of
termination due to disability. For all employees hired after August 1,
1986, sick leave accrual accumulation shall be limited to 1,000 hours with
no payoff provision for unused balance at termination.
Personal business leave chargeable to sick leave. Up to 20 hours ~r year
of personal business leave may be chargeable to sick leave.
Return to ~ork or Continue Work with Limited/Alternative Duty. In cases of
non-work-related injury, illness or i:regnancy, an employee. upon api;roval of
the department head, City Risk Manager and the employee's doctor, may elect
to return to work or continue work with doctor-approved limited or
alternative duty. Approval for such 1im1ted/alternative duty shall be based
upon department ability to provide work consistent with medical limitations
and the length of time of the limitations. Shift employees must be willing
to accept any non-shift limited duty schedule ~rk locations and nay be
subject to the reasonable availability of limited duty assignments. The
City doctor may be consulted in detennining -.ork limitations.
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Any assignment to a 11mited/alternative duty will be on a temporary basis.
The provisions of this section are not intended to create any permanent
light/alternative duty assignments.
Any assignment to a limited/alternative assignment shall not displace any
other employee without consent of all parties, including the Association.
Section 32. Leaves of Absence Wi ttiout Pay
(a) Oisabil.~. leaves of absence without pay may :>e granted in cases of dis-
ability not covered by sick leave. Pregnancy will be considered as any
other di$ability. Leaves of absence for disability are subject to physi-
cians' verification including diagnosis and medical ~rk restriction.
(b) Other leaves. Leaves of absence without pay may be granted in cases of
personal emergency or when such absences would not be contrary to the best
interest of the City. Non-disability prenatal and/or postpartum leave is
available under this provision, but such leave shall not begin JtDre than six
months prenatal nor extend nore than six months postpartum.
(c) During unpaid leaves of absence for disability or other reasons, the
employee may elect to use acrued vacation credits. Requests for leaves
without pay shal 1 not be unreasonably denied. In order to avoid mistl'lder-
standings, all leaves without pay must be in writ;ng to be effective.
( d} Approva 1 of department head. Leave of absence without pay for one week or
less may be granted by the department head, depending on the merit of the
f ndiv1dual case.
( e) ~rova 1 by City Manager. Leave of absence "1 thout pay in excess of one
week's duration may be granted by the City Manager on the merit of the case.
but such leave shall not exceed twelve nonths' duration.
( f)
(~}
Absence without leave. Unauthorized leave of absence shall b~ considered to
be without pay. and reductions in the employee's pay shall be made accord-
ingly. Unauthorized leave of absence may result in term1nat1on of employ-
ment.
Leave of absence; death outside the immediate family. leave without pay may
be granted a regular employee by hls/her department head in the event of
death to family members other than one of the immediate family, such leave
to be granted in accordance with Section 32 (b). (d) and (e).
(h} M;litar{ leave of absence. State and federal law shall govern the granting
of mi1i ary leaves of absence and the rights of employees rett.rning from
such absence.
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Section 33. Leave of Absence With Pay
The City Manager IMY grant a regular employee under his/her control a leave of
absence with pay for a period not exceeding thfrty c:a.lendar days for reasons
he/she deetns adequate and in the best interest of the City.
The City Council 1111y 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 fn
the best interest of the City.
(a)
(b)
(c)
(d)
Sub~nas; leave of absence. Regular employees who are slJ>poenaed to appear
as wthesses fn behalf of ihe State of California or any of its agencies may
be granted leaves of absence wf th pay from thef r assigned dutfes wetil
released. The employee shall remit all fees received for such appearances
to the City within thirty days frCltl the temination of his or her services.
Compensation for afleage or subsistence allowance shall not be considered as
a fee and shall be rl!tained by 'the employe.! •
. mloyee•s tf11e off to vote. Tfine off with pay to vote at any general or r~ct primary e1ectfon shall be granted as provided in the State of
talifornia Elections code, and notice that an e-ployee desires such tine off
shall be given in accordance wfth the l'J"Ovisions of said Code.
Leave of absence; death in immediate famflf;e leave of absence with pay of
three days 1111y be gra.ntea an employee by t head of his or her department
in the event of death in the employee•s 1nnedfate family. 'lfhfch is defined
for ptrposes of this section as wife. ~uSband. son, daughter, father,
mother. brother. sister, m:>ther-in-law, father-in-law, or a close relative
residing fn 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 fn excess of three days shall be stbject to the
approval of the City Manager.
Jur' duty; leave of absence. Employees required to report for jtry duty
shi 1 be granted a leave of absence with pay from their assigned duties
until released by the court, provided the mpl oyee renf ts to the Cf ty al 1
fees received for such duties other than •fleage or subsistence allo..ances
~ithin thirty days from the termination of his/her jury service.
Section 34. Reduction f n Force
In the event of reductions in force, they shall be acccaplished "'1erever possible
through attrition.
If the "IDrk force fs reduced withfn 1 division for reasons of change 1n duties or
o~ganfzat1on, abolition of posftfon, shortage of work or funds. or canpletion of
work. e11ployees with the shortest length of service will be laid off first so
long as 1!mployees retained are fully qualified, trained and capable of performing
remaining work. Length of service for the pirpose of this article wi11 be based
on total City service in a regular classification or classf ficaticns. Employees
l•td off duo to the above reasons will be given W"itten notice at least thirty
days prior to the reduction in force. A copy of such notice will be given to the
Assoc: iat ion.
Se5,.tion 35. Agents
The number of Agent positions shall be governed by the August 12, 1981, Arbf tratfon Award.
Section 36. Parking 1n Civic Center G1rage
Ellployees in represented classes shall be entitled to free parking in the Civic
Center Garage.
Section 37. Disciplinary Actfon and Unsatisfactory Work or Conduct
(a) ucept as provided tn Section 6 (Probationary Period) of this agreement, no
employee shall !:>e dfsciplined without just cause. For the purpose of this
sectton. •discipline• shall be deemed to include discharge, demotion,
reduction in salary, V"itten repr11111nd, disctplfnary probation and
suspension. Dfsci plfne shall be deetled not to include verbal reprimands or
reduct1ons in force.
(b} Non-probationary employees ~ose work or conduct ': unsatisfactory but not
sufffcfently deficient to warrant discipline, demotion, or discharge wfll bP
given a tiritten notification of 16'1satfsfactory ti«>rk or conduct and an
opportunity to improve. Fa11 tre to correct def1c1enc1es and finprove to ineet
standards llllY result in discipline, demotion or discharge.
(c} Notice of d1sc:1p1tnary ac~ion '"1st be in writing and served on the emploree
in person or by registered •il Jrior to the disciplinary action becoming
effective. tbwever, in extrewie situations where there is rea30nable cause.
the ettployee •Y be reaoved fr~ pay status 1snmed1atel y pendf n~ soch
disciplinary action. The notice raust ~ filed on a timely basis with the
Personnel Deparuent end included in the employee•s personnel file. The
notfce of df sc1p11n1ry 1ctfon shall include:
{l) Statement of the nattre of the disciplinary action
(2) Effective datf! of the action
( 3) Statement of the cause thereof
(4) Statement fn ordinary and con~ise language of the art or the <111issions
upon -..h'f ch the causes are based
(5) Copies of any docwnents or other ftees of evidence upon llhich the
df sc1p1tnary action was fully or in part based.
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(6) Statement advising the ~ployee of his/her rfght to appeal fran such
action. and the rf 9ht to Association representation.
(d) lf the disciplinary action consists of ~us11ens1on, any suspension tfme
previously given shall be credited to the ffnal disc;plinary action.
(e) Subj~ct to state law requirements, employees :MY reQuest that d1scip11nary
actions be sealed according to the following schedule!
(1) Written reprimands with no recurrence after or.e (1) year.
(2) D1scip~inary probation after three (3) years from the implementation of
such probation, if no other disciplinary action has occurred during
that period.
( 3) Suspensions less than three ( 3) days wf thout recul"rence. after two ( 2)
years.
(4) Suspensions nore than three {3) days but less than six (6} days, after
three ( 3) years.
( 5) Suspensions of six (6) days or ~re, after five (5) years.
Written requests for sealing of disciplinary actions should be directed to
the Personnel and Training Coordinator.
Sealing shall include all memos, letters, correspondence, complaint forms~
any any other material pertaining to the disciplinary action that has been
placed in the employee's personnel f1le.
Sealing shal 1 not include the seal in~· of any material related to crfnifnal
offenses for which the employee was charged except f n concurrence with the
sealing or expungement of criminal charges by a court of competent jur1s·
diction or in the event of a c011plete exoneration of the etnployee by the
judicial system.
The C'ity Personnel Department shall be notified in all cases "'ere V"t1 ~ng
of disciplinary action is tak~n. Personnel Department copfes of the dis-
ciplinary actions will be disposed of in a manner consistent with the Police
Department's action.
The sealed action shall not be held to discrfmfnate against the employee 1n
any subsequent disciplfnary action. or fn the event of pro1nOt1on. mer1t step
raise, transfer, request for educational leave, l'ROd1ficat1on of dutfes,
vacation selection, applic&tion for other emp1oyitent. or agalnst any other
act fon the employee may take for Ms or her per tonal improvement.
Once sealed, the file shall not be opened unless the emplOYH requests SLK'h
ur.sealing and then only for e~amination by the person or persons \11\om the
employee specifies or at the d1scret1on of the Chief of Police, who in the
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absence of 8 demonstrable emergency shall notify the employee a minimuM 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 ~~st
be m~de on the employee 1s 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 es sent 1a1 to sound employee-employer relations. The parties seek to
establish a mutually satisfactory method for the settlement of employee
grievances. or Assoc1ation grievances, as provided for below. In
presenting a grievance, the aggrie~'ed and/or his or her representative is
assured freedom from restraint, interference, coercion, discrimination or
reprisal.
(b} Definition -a Grievance is:
(1) An unresolved complaint or dispute regarding the application or
interpretation of rules. regulations, policies, procedures, Memoranda
of Agreement, or City ordinances or resolutions, relating to terms
conditions of employment, wages ur fringe benefits.
(2) "1: appeal from a disciplinary action of any kind against an employee
covered by this Memorandt.an of Agreement.
(cl Access to the Grievance Proc~dure
Except as provfded 1n Section 6, Probatf onary Period, all employees
represented by the Assoc1at1on my ffle and process a grievance. Such
aggrieved employees may be represented by the Association or may reJresent
themselves in preparing and presenting their grievance at any level of
review. The Association may file a g~ievance when an Association right not
directly related to an individual employee becomes subject to dispute.
(d) Conduct of Grievance Procedure
(1) The time 11mits specified in this Article may be extend~d by mutual
agreement fn writing of the aggrieved employee or the Association and
the reviewer concerned.
( 2} Should a decision not be ren<tere<1 within a stipulated time limit. the
aggrieved employee lllAY haediately appeal to the next step.
(3) The grievance inay be considered settled if the decision of any step is
not appealed w1tMn the specified time l 1m1 t.
(4) If appropriate, the aggrieved e111ployee or the Association and
Management may 11utaal ly agree to wafve any step of the grievance
procedure.
..
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(5) Written grievances shall be submitted on forms provided by the City or
on forms which are mutually agreeable to the City and the
Association.
(6) Any retroactivity on monetary grievances sha11 be limited to the date
of occurrence, except in no case will retroactivity be granted prior to
three roonths before the grievance was filed in writing.
Step I. The aggrieved employee will first attempt to resolve the grievance
through informal discussions with his or her imrrediate supervisor by the end of
the tenth working day following the discovery of or the incident upon which the
grievance is based. Every attempt wil 1 be rrade to settle the issue at this ·
level. (Note: For purposes of tine limits, the working days are CQnsidered to
be Monday through Friday, exclusive of City holidays.)
Stef II. If the grievance is not resolved through the informal 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 discussion with the immediate
supervisor.
The division head or equivalent level Management employee shall have ten working
days from the receipt of a written grievance to review the matter and prepare a
written statment.
Step III. If the grievance is not resolved at Step II, the aggrieved employee
may appeal to his or her department head in writing within ten working days of
the receipt of the division head's response.
The department head shall have ten working days from the receipt of a liliritten
grievance to review the rratter and convey his or her decision by written
statement.
Step IV. If the grievance is not resolved at Step III, the agqr1eved employN~
may appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made
in 11riting and directed to the Personnel Director within ten N?rking days of
receipt of the department head's response. The Personnel Director shall convene
an Adjustment Board within ten working days of receipt of the appeal. The
Adjustment Board shall consist of tM> persons appointed by the Asso~iatfon and
two persons appointed by Management.
The Adjustment Board is empowered to call City employees as witnesses.
Within the context of Step IV. the Adjustment Board wi 11 have the same powers and
limitations to settle grievances as an arbitrator.
A majority decision of the htjustment Board shall be final and binding. The
Adjustment Board shall render its findings and decisions (if any) to the parties
within ten working days of its meeting.
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Step V. If the grievance is not resolved at Step IV. the aggrfeved employee may
choose between final and binding resolution of the grievance through appeal to
the City Manager Oi throug~ appeal to final and binding grievance arbitration.
for the term of this Memorandum of Agreement, appeals to final and binding
arbitration may be vrocessed only with Association arprcval. All Step Y appeals
must be filed in writing at the Personnel Department Office withfn ten working
days of receipt of the Adjustment Board's disposition uncer Step IV.
If the aggrieved employee elects final and binding resolution by the Ctty
Manager. the City ~anager 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 within ten working days after recefving
the employee's appeal.
If t.he 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 pane1 of
five arbitrators from the California State Conciliation Service or from the
American Arbitration Association ff either party objects to the State
Conciliation Service, and select an arbitrator by the alternate strike method.
The arbitrator shall have jurisdiction and authority or.ly to interpret, apply, or
determine compliance with the provisions of this Memorandl.lfl of Agreement and such
Merit System Rules, regulations, ix>licies, procedures, C·ity ordinances,
resolutions relating to terms or conditions of employment, ~ages or fringe
benefits, as may hereafter be in effect in the City insofar as may be necessary
to the determination of grievances appealed to the arbitrator. The arbitrator
sha 11 be without power to 1JBke any decision:
(1) Regarding matters of interest
(2) Contrary to, or inconsisent with or llK>difying in any way, the terms of
this Memorandum of Agreement.
(3) Granting any wage increases or decreases
The arbitrator shall be without authority to require the City to delegate or
relinquish any poWers which by State law or Ci~y Charter the City cannot delegate
or relinquish. Where efther party seeks arbitration and the other party claims
the rratter is not subject to the arbitration provisions of this Memorandum 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 proceedings wi 11 be recessed for up to five w:>rk1 ng days d1.1ring _,ich
the parties shall attempt to resolve the grievance. If no resolution is reached,
the arbitrator will resume the hearing and hear and resolve the issue on the
merits.
Copies of the arbitrator•s decision shall be sti>mitted to the City, the aggrieved
employee and the Union. A11 direct costs emanating from the arbitration
..
'
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procedure shall be shared equally by the City and the aggrieved employee or the
Association.
Section 39. Bulletin Boards and Telephones
The Association shall have access to existing bulletin boards in Unit employee
work areas for the purpose of posting notices or announcements including notices
of social events, recreational events, membership meetings, results of elections
and reports on minutes of Association meetings. Any other material must have
prior approval of the Police Chief. Action on approval will be taken within 24
hours of submission.
City telephones may be ~sed for Association business so long as there is no dis-
ruption 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 City work locations
for the purpose of conducting busfness within the scope of representation, pro-
vided that no disruption of work is involved and the business transacted is other
than recruiting of m idlers or collecting of dues. and the representative must
notify the Personnel Department office prior to entering the "'°rk location.
Section 41. Meeting Places
The Association shal 1 have the right to reserve City meeting and conference roans
for use during non-working hours. Such ~eting places vtll be made available in
conformity with City•s regulations and subject to the limitations of prior
commitment.
Section 42. Policy Academy Trainee Classification
A new classification of Police Academy Trainee will be established for entry
level officers during Academy training. This is a position with a reduced level
of pay which is lOS below the starting Officer rate. The position carries public
safety retirement and disability benefits. The trainee will be sworn at the time
of accession to the Officer classification. upon successful completion of Academy
trainin~.
Section 43. Full Understanding
(a) The Memorand1.111 of Agreement contains the ful 1 and entire understanding of
the parties regarding the matters set forth here1ns
(b) It is the intent of the parties that ordinances, resolutions. rules and
regulations enacted pursuant to thh Memorand1.m of Understanding be adminis-
tered and observed in good faith.
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(t) Nothing fn this agreement shall preclude the parties from mutually agreeing
to meet and confer on any subject within the scope of representation dcring
the term of this agreement.
(d) Should any of the provisions herein contained b~ rendered or declared
invalid by reason of any existing State or Federal legislation or by reason
of State Supresne Court or U. S. Supreme Court ruling, such invai 1dation of
such part or portion of this Memorandum of Agr~ement shall not invalidate
the remaining portions hereof, and they shal 1 remain in fol 1 force and
effect, insofar as such remafnfng portions are severable.
(e) Association and 11111nagement representatives will meet d!l'ing the tenn of this
agreement to develop a mutually agreeable article and section nucN>ering
sys tell! for the Memorandm of Agreement. The system wi 11 be f ncorporated in
the next agreement.
Section 44. Prfoted Agreement
The City will provide copies of the MemorandllD of Agreement resulting fron these
negotiations fn bOoklet fonn to all represent~"<.! employees.
Section 45. Duration
Thfs M!110randum of Agreement shall become effective July 1. 1988 and rematn
effective until June 30. 1989.
EXECUTED: June 28. 1988
FOR:
PALO ALTO PEACE OFFICERS' ASSOCIATION
s/Jim Coffman
s/Sarah Scholer-Andersen
s/Ted Stahr
s/John Foster
s/Don Hartnett
s/Oave Trujillo
s/Oan Ry1n
sno. DP.Stefano
s/Mf chael McKinin
FOR:
CJTY CF PALO Al TO
s/Jay Rounds
s/Susan Ryerson
s/Hal Anjo
s/Lynne Johnson
s/Pam Roskowslc.i
s/Torin Fischer
s/Greg ,..mks
s/Art deWerk