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HomeMy WebLinkAboutRESO7360RESOLUTION NO. 7360 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1601 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING 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 Regulations is hereby amended to read as follows: *1601. Memorandum of agreement 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 49, for a term commencing July 1, 1994, and expiring June 30, 1996, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. Said memorandum shall -apply to all employees in classifications of police officer trainee, police officer, police agent, and police sergeant, except where specifi- cally provided otherwise herein. In the case of'conflict with this chapter and any other provisions of the Merit System Rules and Regulations, this chapter will prevail over such other provisions as co 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 prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. 1 940929 lac 0031030 SECTION 3. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: October 11, 1994 AYES: ANDERSEN, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, SIMITIAN, WHEELER NOES: ABSTENTIONS: ABSENT: ATTEST APPRO D: Mayor ty Cierk % l APPROVED AS TO FORM: /Ai. Senior Assistant City Attorney Direc'•r of Human Resources OVED: 2 940929 lac 0031030 • MEMORANDUM OF AGREEMENT CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS' ASSOCIATION juhile ISS4 June 30. 1996 PREAMBLE This Memorandum of Agreement is pursuant to and subject to Sections 3500-3510 of the Government Code of the State of California, the Charter of the City of Palo Alto, and the City of Palo Alto 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 Palo 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 Officer Trainees, Police Officers, Police Agents, and Police Sergeants who are regularly employed by the City and others who might be amended into the representation unit .from time to time under existing law and the Merit System Rules cnd Regulations. Section 2. No Discrimination (a) The Association and the City hereby agree that there shall be no discrimination because of race, color, age, handicap, sex, xa l`: fl, 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 activities 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 is 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 in said Unit and give the employee 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 amount of on -duty time without loss of pay to attend to Association business specifically related to representation of employees. Such release time must be cleared in advance by the appropriate division manager who is a member of management. For purposes of this section, representation shall include: (1) Meetings with represented employees or management related to a grievance or disciplinary action, including investigation and preparation time. (ii) A meeting with management related to benefits, working conditions or other terms and conditions of employment. Section 4. Payroll Deduction The City shall deduct Association membership dues and any other mutually agreed upon payroll deduction from the bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Association. The City shall remit the deducted dues to the Association as soon as possible after deduction. Section 5. No Strikes The Association, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike, withholding of services, concerted abuse of leave of absence provisions, work stoppage or work slowdown of any kind. No employee shall refuse to cross any picket line in the conduct of Police Department business, nor shall the Association, its representatives, or members discriminate in any way toward anyone who refuses to participate in a strike, or any of the job actions cited above. 2 Section 8. Probationary Period la) The probationary period for new employees entering the classifications of Police Academy Trainee or Police Officer shall end 12 months following the successful completion of Police Academy training. The probationary period for lateral entry positions, where Police Academy training is waived, 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 employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who in the opinion of management is not suitable to attain permanent status. (c) During the probationary period a new employee may be terminated at any time by the appointing authority without cause. The existence of cause for termination shall not be arbitrable. Probationary employees shall not be terminated for reasons that violate Section 2. No Discrimination, of this Agreement, or for reasons that are unconstitutional or unlawful. Section 7. Salary Provisions Effective Date, Pay Period Including: Classes Approx. Increase E -Step Hourly Approx. Increase E -Step Hourly Agent Agent/lnter Agent/Adv Trainee Officer Officer/Inter Officer/Adv Officer/Train 1 Sergeant i 27,60 3 Effective Date, Pay Period Including: Classes jut :`1;11394 007 '#: '#9915 Approx. Increase E -Step Hourly Approx. Increase E -Step Hourly Sergeant/Int 2.5% 29.04 2:046 2;9:93 Sergeant/Adv k. 2.5'36 237Q 2.0% Section 8. Annual Adjustment Annually, each employee who 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 (1 %) of the employee's current annual salary; or at the employee's option and subject to management approval, 24 hours paid leave to be used prior to the January 31 following. Annual adjustments or time off shall_ be prorated to reflect appointment from January 1 through July 1 of the current year, or interrupted service during the year. Section 9. Night Shift Differential Night shift differential shall be paid at the rate of 5% to represented classes for all hours worked between 6:00 p.m. and 8:00 a.m., except for employees assigned to a 9/80 work schedule, working a regular shift between 7:00 a.m. and 7:00 p.m. Vacation pay for employees who regularly work night shifts shall include appropriate night shift premiums, relating to night shift hours regularly worked. Section 10. Paid Holidays (a) Alt represented employees on leave of absence without pay shall not receive any compensation for holidays occurring during such leave. (b) All represented employees must be in a pay status on the work day preceding a holiday to be eligible to be compensated for the holiday. (c) The following pertains only to represented employees assigned to a field services watch: 4 • All such employees will receive in -lieu holiday pay or compensatory time off subject to 10(a) and 10(h) above, equal to eight hours pay or compensatory time off for each of the following holidays: January 1 Second Monday in. October Third Monday in January November 11 Third Monday in February Thanksgiving Day Last Monday in May Day after Thanksgiving Day July 4 December 25 First Monday in September Either December 24 or December 31, see below In the event that such an employee is excused from work in observance of a listed holiday, no in -lieu holiday pay or compensatory time off shall be given for that holiday. (d) The following pertains only to represented employees working eight -hour, five- day or 9/80 assignments: (1) All such employees shall have the following days off with pay, subject to 10(a) and 10(b) above and subject to the special provisions December 24 or 31 explained below: January 1 Second Monday in October Third Monday in January November 11 Third Monday in February Thanksgiving Day Last Monday in May Day after Thanksgiving Day July 4 December 25 First Monday in September Either December 24 or December 31, see below Employees covered under subsection 10(d) shall be excused with pay for the full work shift on either December 24 or December 31, provided 5 however that City facilities remain open with reduced staffing levels, that Management retains the right to determine work schedules, and that neither day be considered a holiday for purposes of premium pay. If employees are not excused pursuant to this provision, one shift of vacation credit will be added to their vacation accrual. In the event that any of the aforementioned days, except for December 24 or December 31, falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. if December 24 and 31 fall on Sunday, then the preceding Friday will be designed for purposes of the holiday. (2) Employees covered under subsection 10(d) who are required to work on holidays listed in this subsection (except December 24 or 31) shall be compensated for such work at the rate of one and one-half times the basic salary for the hours worked, or shall receive compensatory time off at the rate of one and one-half times the hours worked, in addition to regular pay. (3) Employees covered under subsection 10(d) shall receive a floating day off with pay in each of the following months: March, April, June, August and December. Scheduling of the days off must be approved in advance by management. Days not taken off under this provision will be added to the vacation accrual subject to maximum accrual limitations. At a muttia)ly agreeable tiro During the first veer f ihie agreerr w It reopen negotiations on the single issue of camperisation for ho. agreement is reached on this is ue, a effective `mate of the agreemei Wit: pay; period incluctrng' Duty 1, f 95 tf the;par#ii s are;<unc"" agreement, negotiations an the issue will .carry suer tr to the; process:for a>suceessar•agreem ent Section 11. Working Out of Class Pay Within each fiscal year, after two complete shifts have been worked in a higher classification, employees shall receive a seven percent premium for all additional shifts worked out of classification. 6 Section 12. Education Incentive Program To encourage individual development through a comprehensive incentive program, achievement of the POST Intermediate Certificate and the POST Advance Certificate shall provide a premium of 5% and 7-1/2%, respectively, to the base salary of the affected employee. Section 13. Tuition Reimbursement (a) Effective July 1, 1984, the tuition reimbursement program maximum increased from $800 to $1,000 per fiscal year. Up to $100 of the annual maximum may be used for reimbursing the purchase of work -related books, periodicals, or professional association memberships. To be eligible for reimbursement, expenditures must be for training or materials which contribute to current job performance or prepare the employee for other City positions. (b) Requests for tuition reimbursement will be determined to be taxable unless sufficient documentation is provided on how the course or seminar is related to improving performance in the employee's current position. This documentation will be interpreted so as to maintain the spirit and purpose of the tuition reimbursement program and to cornply with Internal Revenue Code regulations. Reimbursement requests may be submitted at any time, but will be batch processed on a periodic basis. (c) With regard only to POST -reimbursable training which is approved in advance by Management , subject to Section 13(d), and for which POST reimbursement is provided for meals and lodging and mileage, such meals, lodging and mileage are reimbursable under tuition reimbursement subject to the maximum amount in Section 13(a) and subject to POST procedures. id) Association members may use tuition reimbursement to attend training only during off -duty time. If Association members wish to attend training on scheduled work days, alternate work days may be granted by Management when staffing allows. Section 14. Dependent Care Assistance Program. The City will provide a Dependent Care Assistance Program for employees according to the provisions of the Federal Economic Recovery Act of 1981, Code Sections 125 and 129. The program will be available to representation unit employees beginning with pay period number 1 of 1992, and remain in effect subject to a reasonable minimum participation level and availability of third -party administrative services at a reasonable cost. 7 Section 15. Court Pav Sworn Police Personnel appearing according to the following: Period (a} Appearance on scheduled day off. (b) Any and all court time during scheduled shift or court time is imme- diately preceding or following a shift. (c) For other than first watch employees, appearance on scheduled work day but not during, immediately before or immediately after scheduled shift. (d) Appearance on scheduled work day by employees assigned to first watch. Section 16. Health Plans HCA Health !Plan in court for. the People wilt be compensated Rate Time and one-half Minimum 4 hours Straight time during None shift, time and one- half for period before or after scheduled shift. Time and one-half Time and one-half ring The term of s emara ut mont )y preri ium c �ntrri ohs eruptayee .sei led HCA a... ... future years the C€ y contribution; 2 hours (2 -hour minimum may not run into shift) 3 hours -ofe-elide or 8 • • 46447 benefit—frieximum—end---substitute—a—eempfeheneive--Iitetinie—benefit It thi3 eleet•on ; odc r r r Plan-ept • r w r (b) Effective beginning September 1, 1989, the City will offer vision care coverage for employees and dependents. Coverage is equivalent to $20 deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. 9 Section 17. Dental Benefits (a) The City will maintain the present level of benefits on the City -sponsored dental program for current employees and their dependents, except that the maximum benefits per calendar year shall be $2,000 effective in 1988. (b) Effective July 1, 1985, the City will provide a 50% of reasonable charges, $1 ,500 lifetime maximum orthodontic benefit for representation unit employees and their dependents. Section 18. Life Insurance Benefits The City agrees to continue the basic life insurance plan as currently in effect for the term of this Memorandum of Agreement. Section 19. Retirement Benefits (a) The current Public Employees' Retirement System (PERS) Benefits, known as the "Two Percent at 50" Plan, shall continue in effect. (b) Effective July 1, 1983, the City shall pay 7 percent of the employee's retirement contribution costs. (c) The City will increase the pick-up of employee PERS contribution from 7% to 9% effective with the pay period including September 1, 1984, which benefit will continue through the life o, this Agreement through June 30, 1988, and its continuance or a modification 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. (e) Notwithstanding subsections (b) through (d) above, upon filing a notice of retirement, the 9% City -paid PERS contribution will be converted to a salary adjustment of equal amount on a one-time irrevocable basis for the final twelve months immediately prior to a retirement, provided that all of the following conditions are met: (1) For employees hired prior to July 1, 1989, the employee must have at least 20 years of PERS Safety Member Service as of the date of retirement, or have attained the maximum PERS benefit factor of 75%, 10 • • or have attained the age of 55 at the date of retirement. Employees hired on or after July 1, 1989, may qualify only by attaining 20 years of PERS Safety Member Service as of the date of retirement. (2) Twelve months prior to retirement, the employee must give notice to the City for retirement date certain. (4) During the 12 -month conversion period, the employee shall pay PERS employee contributions. (5) All provisions of this subsection are subject to and conditioned upon compliance with IRS regulations. {# :'` to rder to contin a after ,tine 3C3, 15 4, the provisions' of•Se+ctiorr rx) f #h Article, as soon as possible follow ng ratitication.of this agt contract with PEf#S to provide 'Reporting t Vatue of :Employer Paid giber Contributions as Co cation in E ployees' f=inal Compsnsar`....�. c tract? mend dent (Govern en Code Section 2f ;:ia (g) Military Service Credit. Effective as soon as possible, the City will amend its contract with the Public Employees' Retirement System to provide for Section 20930.3, Military Service Credit as Public Service. Section 20. Retirement Medical Plan 004:4000., fdta ,.c E ordar with he P he npl es' - 11 Section 21. Psychological Counseling Program The psychological counseling program currently in effect shall be continued. The program shall provide 24 -hour emergency counseling by independent professional consultants. Section 22. Uniforms (a) The City will supply complete uniforms to all sworn personnel. All uniform items are the property of the City. One complete uniform consists of: (1) three pair of trousers, (2) three short -sleeved shirts with patches and zippers if desired, (3) thre.e long-sleeved shirts with patches and zippers if desired, (4) three turtleneck shirts, (5) hat, (6) duty jacket with patches, (7) dress jacket with patches, (8) dress shirt, (9) necktie, and (10) rain gear. (b) At the time of initial employment, every sworn employee will be issued one complete uniform. Uniform items will be replaced on an as -needed basis subject to verification by managerr.�nt. (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 uniform items issued to them. if a particular item is lost or damaged due to employee negligence, the employee will be required to reimburse the City for value of the item(s) lost or damaged. (e) The City shall reimburse employees 75 percent of the cost of job -related safety shoes upon verification of such purchase by the employees. Section 23. Work Schedule (a) The ten hour day/four day work week schedule shall continue for all sworn Field Service Division employees, with the exception of the Staff Assistant. 12 • • (b) The present days off rotation system shall remain in effect, except that effective January 1, 1992, the weeks beginning with "Sunday, Monday, Tuesday off" shalt be eliminated, and the rotation shall advance directly from "Saturday, Sunday, Monday, Tuesday off" to "Monday, Tuesday, Wednesday off". This schedule shall remain in effect on a trial basis for a period of one year, at which time representatives of management and the Association shall meet to review the schedule. Unless the parties mutually agree to modify or continue the schedule, it shall revert to the schedule in place on June 1, 1991. (c) A maximum of two fixed days off positions may be established on each watch, at employee's request. One position on each shift will have Sunday, Monday and Tuesday off and one position will have Thursday, Friday and Saturday off. Alternatively, other fixed days off for the two positions on each shift, with opposing days off, may be established. These alternative fixed days off shall be mutually agreed upon by the employees and management. (d) Beginning no later than January 1, 1992, as an alternative to the five-day, 40 - hour work schedule, sworn Investigative Services Division personnel may, with the approval of Management, work the following 9/80 schedule on a trial basis for a period not to exceed one year: Week 1: Week 2: Monday - Thursday Friday Monday - Thursday Friday Nine hours Eight hours Nine hours Off Investigative Servicss Division employees shall take one hour unpaid lunch periods during this trial period. Days off and hours are subject to the approval of the Division Coordinator. At the conclusion of the period, Management and Association representatives shall meet to review the schedule. Un:eee„e it shelthe-tive-day-,--44-heur-wer-k-sehethile-in-pleee-en4kme-1-r 4484, (e) Sworn members of the Traffic Division, with the exception of the Special Events e geai position, shall work a ten-hour day/four-day work week schedule. The Special Events . ea ; :; shall, upon request, work a 9/60 schedule as defined in subsection (d). Section 24. Field Services Division Shift Assignment All Field Services Division personnel shall bid annually by classification seniority for the shift of their preference. 13 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 administrative assignment. Officers, Agents and Sergeants may remain on the same shift for two consecutive years based upon classification seniority. 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. Section 25. Overtime 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 all overtime work. (b) Compensatory time 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 overtime. In the event compensatory time off is used as the method of compeno acing for overtime, the time off will be taken prior to the end of the calendar year in which it is earned. All compensatory time balances shall be paid at the end of each calendar year, with warrants issued in the first -pay period of the new calendar year, except that employees who have vacation accrual balances of less than two times their annual accrual rate may convert unused compensatory time to vacation in an amount not to exceed total accrual balance of two times their annual accrual rate. (c) Quarterly, an employee may request and be paid for any portion of his/her accrued compensatory time balance, at the appropriate rate. Section 26. Overtime Sign -Up (a) Unplanned Overtime - Unplanned overtime is overtime for work that needs to be accomplished on an immediate basis. Immediate is usually defined as having five or fewer days notice. Employees interested in working unplanned overtime will be placed on a rotational list in alphabetical order. When an overtime shift is available, a manager or supervisor will cail the first person on the list. If that person declines the opportunity, is not available, or takes the overtime, he/she will be: placed at the bottom of the list. The list will be continually updated in order to rotate the names. There will be separate lists for supervisory and non - supervisory positions for unplanned overtime. The supervisory list will be divided into sergeant and agent sections. Agents will be offered supervisory overtime positions only if no sergeants have accepted the opportunity. 14 • (b) Planned Overtime - Planned overtime includes watch staffing, special events, traffic control functions or other unplanned overtime situations which allow for more than five days' notice. On or about the first of each month, watch commanders will project a list of dates/shifts requiring overtime for the month. A master overtime sign-up sheet will be maintained in the Field Services Division. On or about the third of each month, the master list will be available for review and sign-ups by employees. Those desiring overtime are limited to one opportunity per month; however, an individual may sign up as an alternate in those cases when no one else signs up for a particular opening. Agents may only sign up for supervisory overtime as an alternate. In the event that a planned overtime opportunity is not filled four days prior to the date of the event, a manager or supervisor shall fill the slot using the unplanned overtime procedure. (c) These overtime procedures may be reviewed and/or modified at the mutual agreement of both management and PAPOA. Section 27. Jury Duty No employee shall be required to work a combination of jury duty and work time to exceed 12 hours during a 24 -hour period. The period shall commence at the required time of appearance for jury duty. Jury 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 regular rate of pay. Section 28. Vacation Accrual Vacation will be accrued when an employee is in pay status and will be credited on a bi-weekly basis. Such accrual and credit shall not exceed three times the annual rate of accrual. Each eligible employee shall accrue vacation at the following rate for continuous service performed in pay status: (a) Less than four years - For employees completing less than four years continuous service; 80 hours vacation leave per year. (b) Four, but less than nine years - For employees completing four, but not more than nine years continuous service; 120 hours vacation leave per year. (c) Nine, but less than fourteen years - For employees completing nine, but not more than fourteen years continuous service; 160 hours vacation per year. 15 (d) Fourteen, but less than nineteen years - For employees completing fourteen, but not more than nineteen years continuous service; 180 hours vacation leave per year. (e) Nineteen or more years - For employees completing nineteen or more years continuous service; 200 hours vacation leave per year. Section 29. Use of Vacation (a) When to be taken - The time at which an employee may use his/her accrued vacation 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, but insofar as possible, considering the wishes of the employee. (b) Limitation on use - Employees may not use more than their annual rate of accrual in any calendar year period, provided, however, that a department head my grant exceptions to this limitation. (c) Waiting period - Employees shall complete six months continuous service before using accrued vacation leave. (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 of the department head, an employee may use one week of his/her accrued vacation in any calendar year in 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 exception to this procedure must be approved by the City Manager. Section 30. Vacation 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 termination. 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. 16 Employees who terminate employment with the City and have less than six months' continuous service shall not be compensated for accrued vacation. Section 31. Vacation Benefits for Deceased Employees An employee who is eligible for vacation leave and who dies while in the municipal service shall have the amount of any accrued vacation paid to the employee's estate within -thirty days. This proration will be computed at the last basic rate of pay. Section 32. Effect of Extended Military Leave An employee who interrupts his service because of an extended military leave shall be compensated for accrued vacation at the time the leave becomes effective. Section 33. Sick Leave (a) Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Subsection 31(i), personal Desiness chargeable to sick leave. Up to 40 hours sick leave per year may be used for illness In the immediate family (spouse, child, parent, parent -in-law, brother, sister, reg s el d atic: re', or close relative residing in the household of the employee). (b) Eligibility. Regular and part-time employees shall be eligible to accrue and use sick leave. (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 in Section 31(h) (e) Use. Sick leave may be used as needed and approved, tothe point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee may, if necessary, use up to forty-eight hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will be charged against future accrual or deducted from final paycheck ir. the event of termination. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group 17 insurance .coverage and accrued sick leave benefits may, at hisfher option, choose either to receive the long-term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. Sick leave will not be granted for illness occurring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. 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 his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter rnless 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 report or advance accounting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. 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. (f) Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under the long-term disability G. ...up insurance coverage, whichever comes first, an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City 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. (g) Forfeiture Upon Termination. Employees leaving the municipal service shall forfeit all accumulated sick leave, except as otherwise provided by law and Subsection 32(h). In the event that notice of resignation is given, sick leave may be used only through the day which was designated as the final day of work by such notice. (h) 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 who have fifteen or more years of continuous service shall receive compensation tor unused sick leave hours in a sum 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 18 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. (i) Personal Business Leave Chargeable to Sick Leave. Up to 20 hours per year of personal business leave may be chargeable to sick leave. (j) Return to Work or Continue Work With Limited/Alternative Duty. In cases of non -work -related injury, illness or pregnancy, an employee, upon approval 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 Iimited/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 work locations and may be subject to the reasonable availability of limited duty assignments. The City doctor my be consulted in determining work limitations. Any assignment to a limited/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 34. Leaves of Absence Without Pay (a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy wilt be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work 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 more than six months prenatal nor extend more than six months postpartum. (c) During unpaid leaves of absence for disability or other reasons, the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. 19 (d) Approval 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 individual case_ (e) Approval by City Manager. . Leave of absence without 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 months' duration. (f) Absence without leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. (g) Leave of absence; death outside the immediate family. Leave without pay may be granted a regular employee by his/her department head in the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 32 (b), (d) and (e). (h) Military leave of absence. State and federal law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. Section 35. Leave of Absence With Pay The City Manager may grant a regular employee under his/her control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he/she deems adequate and in the best interest of the City. The City Council may grant a regular employee a leave of absence with pay for a period not to exceed one year for reasons the Council considers adequate and in the best interest of the City. (a) Subpoenas; leave of absence. Regular employees who are subpoenaed to appear as witnesses in behalf of the State of California or any of its agencies may be granted leaves of absence with pay from their assigned duties until released. The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his or her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. (b) Employee's time off to vote. Time off with pay to vote at any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. 20 • • (c) Leave of absence; death in immediate family. Leave of absence with pay of three days may be granted an employee by the head of his or her department in the event of death in the employee's immediate family, which is defined- for purposes of this section as wife, husband, son, daughter, father, mother, brother, sister, mother-in-law, father-in-law, reg%i tired i± pig, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of three days shall be subject to the approval of the City Manager. (d) Jury duty; leave of absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his/her jury service. Section 36. Reduction in Force In the event of reductions in force, they shall be accomplished wherever possible through attrition. If the work force is reduced within a division for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained and capable of performing remaining work. Length of service for the purpose of this article will be based on total City service in a regular classification or classifications. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Association. Section 37. Agents The number of Agent positions shall be governed by the August 12, 1981, Arbitration Award. Section 38. Parking in Civic Center Garage Gor ago. Represented .ezo s commit gdalify; MOW WO 21 Civic Center; Parking. Employees assigned to Civic Center and adjacent *ark locations. The City wilt provide a Civic Center Garage parking permit `New employees hired; after June 30, `1994 may initially receive a parking permit for another downtown iot, subject to the availability of space at the Civic Center Garage. P.iblic Transit. The City will provide monthly Commuter Checks worththe`vai0e of 524. Thesevouchers,may be used toward the purchase of a monthly transit pass. Carpool. The Citywill provide carpool vouchers worth the :vatue. of :003 par. month to each ;eligible employee in a carpool with two .or :more people `these vouchers mayy be used a designated service stations toward the purchase of fuel and .other vehicle -related expenses. Bicycle. The City will provide bicycle vouchers worth the value of $20 per month to eligible employees who ride` a bicycle to work'. These -vouchers; may be used at designated bicycle shops for related bicycle equipment and expenses:' Walk. The City wilt provide walker vouchers worth the value of $20 per tmonth to .eligible employees who walk to work.' . These vouchers may be used at designated stores for expenses :related to ;walking";such as footwear and restated adcessories. Section 39. Disciplinary Action and Unsatisfactory Work or Conduct (a) Except as provided in Section 6 (Probationary Period) of this agreement, no employee; shall be disciplined without just cause. For the purpose of this section, "discipline" shall be deemed to include discharge, demotion, reduction in salary, written reprimand, disciplinary probation and suspension. Discipline shall be deemed not to include verbal reprimands or reductions in force. (b) Non -probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion or discharge. (c) Notice of disciplinary action must be in writing and served on the employee in person or by registered mail prior to the disciplinary action becoming effective. However, in extre:i;e situations where there is reasonable cause, the employee may be removed from pay status immediately pending such disciplinary action. The notice must be filed on a timely basis with the I-.uman Resources Department and included in the employee's personnel file. The notice of disciplinary action shall include: 22 (1) (2) (3) Statement of the nature of the disciplinary action; Effective date of the action; Statement of the cause thereof; (4) Statement in ordinary and concise language of the art or the omissions upon which the causes are based; (5) Copies of any documents or other items of evidence upon which the disciplinary action was fully or in part based;. (6) Statement advising the employee of his/her right to appeal from such action, and the right to Association representation. (d) If the disciplinary action consists of suspension, any suspension time previously given shall be credited to the final disciplinary action. (e) Subject to state law requirements, employees may request that disciplinary actions be sealed according to the following schedule: (1) Written reprimands with no recurrence after one (1) year. (2) Disciplinary probation after three (3) years from the implementation of such probation, if no other disciplinary action has occurred during that period. (3) Suspensions Tess than three (3) days without recurrence, after two (22) years. (4) Suspensions more than three (3) days but less than six (6) days, after three (3) years. (5) Suspensions of six (6) days or more, after five (5) years. Written requests for sealing of disciplinary actions should be directed to the Human Resources and Training Coordinator. Sealing shall include all memos, letters, correspondence, complaint forms, any other material pertaining to the disciplinary action that has been placed in the employee's personnel file. Sealing shall not include the sealing of any material related to criminal offenses for which the employee was charged except in concurrence with the sealing or 23 expungement of criminal charges by a court of competent jurisdiction or in the event of a complete exoneration of the employee by the judicial system. Ttie City Human Resources Department shall be notified in all cases where sealing of disciplinary action is taken. Human Resources Department copies of the disciplinary actions will be disposed of in a manner consistent with the Police Department's action. The sealed action shall not be held to discriminate against the employee in any subsequent disciplinary action, or in the event of promotion, merit step raise, transfer, request for educational leave, modification of duties, vacation selection, application for other employment, or against any other action the employee may take for his or her personal improvement. Once sealed, the file shall not be opened unless the employee requests such unsealing and then only for examination by the person or persons whom the employee specifies or at the discretion of the Chief of Police, who in the absence of a demonstrable emergency shall notify the employee a 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 must be made on the employee's first duty day after the sealed file is opened. Section 40. Grievance Procedure (a) The City and the Association recognize that early settlement of grievances is essential to sound employee -employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or Association grievances, as provided for below. In presenting a grievance, the aggrieved and/or his or her representative is assured freedom frorn 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, cr City ordinances or resolutions, relating to terms conditions of employment, wages or fringe benefits. (2) An appeal from a disciplinary action of any kind against an employee covered by this Memorandum of Agreement. 24 (c) Access to the Grievance Procedure. Except as provided in Section 6, Probationary Period, all employees represented by the Association may file and process a grievance. Such aggrieved employees may be represented by the Association or may represent themselves in preparing and presenting their grievance at arty level of review. The Association may file a "grievance when an Association right not directly related to an individual employee becomes subject to dispute. - (d) Conduct of Grievance Procedure. (1) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Association and the reviewer concerned. (2) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step. (3) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit. (4) If appropriate, the aggrieved employee or the Association and Management may mutually agree to waive any step of the grievance procedure. (5) Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Association. (6) Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. Step 1. The aggrieved employee will first attempt to resolve the grievance through informal discussions with his or her immediate supervisor by the end of the tenth working day following the discovery of or the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. (Note: For purposes of time limits, the working days are considered to be Monday through Friday, exclusive of City hotidays.) Step 11. If the grievance is not resolved through the informal discussion, the employee will reduce the grievance to writing and submit copies to the division head or equi'.: a: -nt level Management employee as designated by Management as appropriate within ten working days of the discussion with the immediate supervisor. 25 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 statement. Step UI., 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 written grievance to review the matter and convey his or her decision by written statement. Step IV_ If the grievance is not resolved at Step ill, the aggrieved employee may appeal to an Adjustment Board. Appeals to the Adjustment Board shall be made in writing and directed to the Human Resources Director within ten working days of receipt of the department head's response. The Human Resources Director shall convene an Adjustment Board within ten working days of receipt of the appeal. The. Adjustment Board shall consist of two persons appointed by the Association 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 will have the same powers and limitations to settle grievances as an arbitrator. A majority decision of the Adjustment Board shall be final and binding. The Adjustment Board shall render its findings and decisions (if any) to the parties within ten working days of its meeting. Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose between final and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding grievance arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Association approval. All Step V appeals must be filed in writing at the Human Resources Department Office within ten working days of receipt of the Adjustment Board's disposition under Step IV. If the aggrieved employee elects final and binding resolution by the City Manager, the City 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 alt parties directly involved within ten working days after receiving the employee's appeal. If the aggrieved employee elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration 26 Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. - The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages 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 shall be without power to make any decision: (1) Regarding matters of interest. (2) Contrary to, or inconsistent with or modifying 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 City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other party claims the matter 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 will be recessed for up to five working days during which 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 submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Association. Section 41. 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 used for Association business so long as there is no disruption of work and all toll or message unit calls are charged tr., the Association credit card. 27 Section 4 . Access to Asso ation Representatives Representatives of the Association are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the representative must notify the Human Resources Department office prior to entering the work location. Section 43. Meeting Places The Association shall have the right to reserve City meeting and conference rooms for use during non -working hours. Such meeting places will be made available in conformity with City's regulations and subject to the limitations of prior commitment. Section 44. Police Officer Trainee Classification The classification of Police Officer Trainee has been established for entry level officers during Academy training. This is a sworn position with a reduced level of pay which is 1O% below the starting Officer rate. The position carries public safety retirement and disability benefits. Section 45. Utilization of Reserves for Field Services Division Events (a) Management will determinestaffinglevels for each event. (b) Events for which the department receives reimbursement will be staffed by regular officers, except that in the event a sufficient number of regular officers are unavailable, reserve officers may be used. (c) Reserves may be used for the May Day Parade, Stanford University or NFL football games, park patrol, Black and White Ball, and supplemental patrol staffing in excess of levels set forth in the Field Services Staffing Levels general order. (d) Events, for which the department does not receive reimbursement, may be staffed in the ratio of two reserve officers to one regular officer. Reserves may be used in any situation where an insufficient number of regular officers are available. (e) Staffing for the University Avenue Street Fair will consist of no less than a 1:1 ratio of regular officers to reserve officers. 28 Section 46. Senior Officer Recognition Management. and the Association agree to meet during the term of the agreement for the purpose of developing a program to recognize senior officers (10 years of service). This program will include such things as uniform modifications, peer recognition and other non -compensatory items. Section 47. Full Understanding (a) The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. (b) It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Understanding be administered and observed in good faith. (c) Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement. (d) Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation or by reason of State Supreme Court or U. S. Supreme Court ruling, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. (e) Association and management representatives will meet during the term of this agreement to develop a mutually agreeable article and section numbering system for the Memorandum of Agreement. The system will be incorporated in the next agreement. if) With regard to Section 44, the unresolved issues concerning the Police Officer Trainee position will be subject to meeting and conferring during the term of this agreement. Section 48. Printed Agreement The City will provide copies of the Memorandum of Agreement resulting from these negotiations in booklet form to all represented employees. 29 Section 49, Duration This Memorandum of Agreement shall become effective July 1, -4-99-1- 1 and remain effective until June 30, 4994 1{996. EXECUTED: August 19, 1994 FOR: PALO ALTO PEACE OFFICERS' ASSOCIATION s/Jim Coffman s/Dan Ryan s/Sarah Scholer-Andersen s/Ron Baldal FOR: CITY OF PALO ALTO s/Jay Rounds s/Susan Ryerson s/Lynne Johnson s/Tom Merson s/Rim Collet s/John Hernandez s/Mike Denson s/Linda Craig s/Glenn Hardin s/Ron Watson. 30 ettFgeFfr 31