HomeMy WebLinkAbout1996-08-05 City Council (30)City of Palo Alto
City Manager’s Report
5
TO:HONORABLE CITY COUNCIL
FROM:City Manager DEPARTMENT: Human Resources
AGENDA DATE: August 5, 1996 CMR: 347:96
SUBJECT:Approval of Palo Alto Peace Officers’ Association Memorandum of
Agreement and Compensation Plan
REQUEST
This is a request to approve a two-year agreement, which has been ratified by representatives
of the Palo Alto Peace Officers’ Association, covering the City’s 84 sworn non-management
police employees for the period beginning July 1, 1996 and ending June 30, 1998.
RECOMMENDATIONS
Staff recommends that Council approve the attached resolutions 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, and adoption of a
Compensation Plan for sworn non-management Police Department personnel and the attached
Budget Amendment Ordinance providing funding for the first year of the contract.
POLICY IMPLICATIONS
The agreement eliminates the 1 percent annual adjustment payment made in December of
each year and increases base pay by 1 percent for all non-management police employees,
effective with the calendar year beginning January, 1997.
In addition, upon successful termination of the PERS contract amendment "Reporting the
Value of Employer-Paid Member Contributions as Compensation in Employees’ Final
Compensation Period" (Government Code 20615.5), the City will increase the base pay by
the contribution rate of 9 percent for PERS Safety Members, discontinue payment of PERS
employee contributions, and will provide for member contributions to be made as allowed
under provisions of IRS Code Section 414(h)(2).
CMR:347:96 Page 1 of 3
EXECUTIVE SUMMARY
The contract provides for first year salary increases of 2.7 percent to Police Trainee,
Police Officer and Police Agent classifications; a 4.2 percent increase to the Police
Sergeant classification, effective with the pay period including July 1, 1996; and a 1
percent salary increase to all represented classifications, effective with the pay period
including January 1, 1997. In addition, effective January 1, 1997, special assignment
premium pay for employees meeting specific requirements who are assigned to Field
Training, Court Liaison and Bilingual specialties in bi-weekly amounts varying from $53
to $106 is included as part of the first year agreement.
The second year of the contract provides for a salary increase to all represented
classifications of 3.0 percent, effective with the pay period including July 1, 1997.
Other significant provisions to the agreement include elimination of the 1 percent annual
adjustment and the addition of the 1 percent to base pay effective January 1, 1997; addition
of domestic partners who meet eligibility requirements to health, vision and dental plan
benefits; a joint Management-Association committee to conduct a cost containment review
of dental benefits and meal reimbursement under certain conditions for investigation
personnel. The full text of the agreement is attached with changes highlighted.
FISCAL IMPACT
The total cost of the first year agreement provisions is $270,000. Second year costs total
$208,000. Funding for the first year of the contract is provided in the 1996-97 Budget and
the attached Budget Amendment Ordinance, appropriating an additional $23,000 to the
Police Department budget. Funding for the second year will be included in the Interim
1997-98 Budget, which will be presented to Council for adoption in May, 1997.
ENVIRONMENTAL ASSESSMENT
The is not a project for’purposes of the California Environmental Quality Act.
ATTACHMENTS
1. Reso!ution Amending Section 1601 of the Merit System Rules and Regulations
2. Resolution Adopting a Compensation Plan for Police Department Personnel
3. Budget Amendment Ordinance
CMR:347:96 Page 2 of 3
PREPARED BY: Susan Ryerson, Managernof Employee Relations and Compensation
Director of Human Resources
CITY MANAGER APPROVAL:
CMR:347:96 Page 3 of 3
RESOLUTION NO.
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
follows:
The Council of the City of Palo Alto does RESOLVE as
SECTION i. 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 i, 1996, and expiring June 30,
¯ 1998, 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 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
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this resolution.
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960730 lac 0031388
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:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Senior Assistant City Attorney
APPROVED:
Mayor
City Manager
Director of Human Resources
2
960730 lac 0031388
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS’ ASSOCIATION
July 1, 1996- June 30, 1998
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 and Regulations.
Section 2. No Discrimination
(a)
(b)
The Association and the City hereby agree that there shall be no discrimination
.because of race, color, age, handicap, sex, sexual orientation, 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.
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:
(i)
(ii)
Meetings with represented employees or management related to a
grievance or disciplinary action, including investigation and preparation
time.
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 repres.entatives, 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.
Section 6. Probationary Period
(a)The probationary period for new employees entering the classifications of Police
Academy Trainee or Police Officer shall end 1 2 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
Section 2. No Discrimination,
unconstitutional or unlawful.
not be terminated for reasons that violate
of this Agreement, or for reasons that are
Section 7. Salary Provisions
(a)Effective with the pay period including July 1, 1996, a 2.7% increase at the E-
Step will be applied to the Police Trainee, Police Officer and Police Agent salary
ranges and a 4.2% increase at the E-Step will be applied to the Sergeant salary
range.
Effective with the pay period including January 1, 1 997, a 1% increase at the
E-Step will be applied to the salary ranges of all represented classes.
Effective with the pay period including July 1, 1997, a 3% increase at the E-
Step will be applied to the salary ranges of all represented classes.
Following are the rate tables reflecting the above increases and implementation of
Section 8 (b).
Classes
Agent
Agent/Inter
Agent/Adv
Trainee
Officer
Officer/Inter
Officer/Adv
Officer/Train
Sergeant
Sergeant/Int
Sergeant/Adv
July 1,
Approx.
Increase
2,7%
2i7%
2,7%
2i7%
2:7%
2:7%
4~2%
Effective Date, Pay Period Including:
1996
E-Step
Hourly
26;64
28:00
28,61
20:06
24,68
25,91
26;49
29i33
30.87
31.56
January 1, 1997
Approx.E-Step
Increase Hourly
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
1.0%/
1.0%*
27.17
28,56
29.18
20;46
25;17
26;43
27,02
25,17
29;92’
31.49
32.19
July 1
Approx.
Increase
3.0%
3.0%
3,0%
3,0%
3:0%
3:0%
3;0%
3;0%
3~0%
3.0%
3.0%
¯ 1997
E-Step
Hourly
27.99
29.42
30.06
21.08
25.93
27.22
27.83
25.93
30.82
32.43
33.16
* Conversion:of December adjustment
(b)S_Decial assignment premium oar
Effective with the pay period including January 1, 1997, biweekly premium pay
for employees assigned=to the indicated specialties will be as follows:
Field Training Premium: $106 per pay period.
4
Applies to Officers and Agents during each pay period in which they provide
training to police recruits or Level II reserve officers who are working on their
Level I certificate. Applies to FTO Sergeants during each pay. period in which
they supervise FTO Officers or Agents who are actively training police recruits
or Level II reserve officers who are working on their Level I certificate.
Court Liaison Premium: $106 per pay period.
Applies to Court Liaison Officer or Agent during, period of active assignment.
Bilingual Premium: $53 per pay period
Prior to the effective date of January 1, 1997, the qualifications, certification
proficiency-requirements and language applications will be developed for
bilingual premium pay. The premium will apply for proficiency in Spanish and
such other languages as determined by management.
Section 8. Annual Adjustment
(a)
(b)
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.
Effective:with 19971paypeHod no, 01, beginning December21, 1996, the
provisions of Section 8 (a)Will;be discontinued~ and base pay will be increased
by 1% for clasSifications within the representation unit, No annual adjustment
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)All represented employees on leave of absence without pay shall not receive in-
lieu holiday accrual during such leave, or any compensation for holidays
occurring during such leave.
(b)Except for those employees covered under Section 10 (c), 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.
Effective with the pay period including July 1, 1995, employees shall not
receive paid holidays, but in lieu thereof shall receive 4.19 hours straight time
pay, while in a pay status, to a maximum payment of 109 hours per year.
In-lieu hours may be taken as pay or time off. Eligible employees will elect, at
the beginning of each fiscal year, the manner in which the in-lieu hours will be
taken. Hours under this provision will accrue each pay period while in a pay
statusandwill be paid semi-annually_ If time off is elected under this provision,
such time off may be takento the maximum of current accrual balances and
subject to management scheduling approval. Such time off which is elected
underthis provision, but unused’, wilt be paid off at the end of the fiscal year.
6
(c)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 l O(a) and 10(b) above and subject to the special provisions
December 24 or 31 explained below:
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
November 11
Thanksgiving Day
Day after Thanksgiving Day
December 25
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
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.
(2)
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.
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 subjecl~ to maximum accrual limitations.
Section 1 1. 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.
Section 12. Education Incentive Program
To encourage individual development through a comprehensive incentive program,
achievement of the POST Intermediate Certificate and the POST Advanced 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)
(b)
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.
Requests for tuition reimbursement will be determined to be taxable unless
sufficient documentation is provided on how the course or seminar is related to
8
(c)
(d)
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 comply with Internal Revenue Code regulations.
Reimbursement requests may be submitted at any time, but will be batch
processed on a periodic basis.
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.
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
Ca~.e 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.
Section 15. Court Pay
Sworn Police Personnel appearing in court for the People will be compensated
according to the following:
Period.Rate Minimum
(a)Appearance on scheduled Time and one-half 4 hours
day off.
(b)Any and all court time Straight time during None
during scheduled shift shift, time and one-
or court time is imme-half for period before
diately preceding or or after scheduled
following a shift,shift.
(c)
Period
For other than first
watch employees,
appearance on scheduled
work day but not during,
immediately before or
immediately after
scheduled shift.
Rate
Time and one-half
Minimum
2 hours (2-hour
minimum may not
run .into shift)
(d)Appearance on scheduled
work day by employees
assigned to first watch.
Time and one-half 3 hours
Section 16. Health Plans
(a)PEMHCA Health Plan
(b)
During the term of this Memorandum of Agreement, the City will pay the entire
monthly premium contributions for employees and dependents eligible for the
employee-selected PEMHCA optional plan. Both parties acknowledge that in
future years the City contribution for PEMHCA premiums may be an issue.
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.
Effective July 1, 1996, dependents will include domestic partners, as defined
(c)Active EmDIovee Domestic Partners
active employee domestic partners who meet the
requirements of the City of Palo Alto Declaration of Domestic Partnership, and
are registered with the Human Resources Department, will be eligible for
reimbursement of the actual monthly premium cost of an individual health plan,
not to exceed the average monthly premium cost of individual coverage under
the PEMHCA health plans. Evidence of premium payment will be required with
request for reimbursement.
10
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.
(c)Effective July 1, 1996, dependents will include domestic partners, as defined
under Section 16 (c).
(d)During the term of the agreement, the City and the Union will work together to
review benefit provisions of the City’s self-funded dental program. The purpose
of this review is to contain benefit cost increases. Joint recommendations will
be prepared for discussion during successor agreement negotiations.
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)
(b)
The current Public Employees’ Retirement System (PERS) Benefits, known as the
"Two Percent at 50" Plan, shall c6ntinue in effect..
Effective July 1, 1983, the City shall pay 7 percent of the employee’s retirement
contribution costs.
(c)
(d)
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 of this Agreement through June 30, 198.8, and its
continuance or a modification of the existing provision may be subject to
negotiation at the request of either party.
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
(e)
percent adjustment in salary for the ten months, September 1, 1984 through
June 30, 1985.
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:
(f)
(g)
(1)
(2)
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%,
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.
Twelve months prior to retirement, the employee must give notice to the
City for retirement date certain.
(3)During the 12-month conversion period, the employee shall pay PERS
employee contributions.
(4)All provisions of this subsection are subject to and conditioned upon
compliance with IRS regulations.
In order to continue after June 30, 1994, the provisions of Section 19(e) of this
Article, as soon as possible following ratification of this agreement, the City will
contract with PERS to provide "Reporting the Value of Employer-Paid Member
Contributions as Compensation in Employees’ Final Compensation Period by
Contract Amendment (Government Code Section 2061 5.5).
Effective upon termination of PERS contract amendment "Reporting the Value of
Final
Compensation Period" (Government Code Section 20615.5):
The City will discontinue payment of PERS Employee Contributions (EPMC)
and discontinue all provisions of Section (e).
(2)The Ci~ will increase the base pay of air represented classes by9%.
(3)
by paymlt deduction:
12 .
(h)
(4)The City wi I provide for member contributions to be made as allowed under
provisions oflRS Code Section 414(h) 2.
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
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan
will be made in accordance with the Public Employees’ Medical and Hospital Care Act
Resolution.
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) three 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 management.
(c)The City shall provide uniform cleaning for sworn representation unit personnel.
(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)
(b)
(c)
(d)
(e)
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.
The present days off rotation system shall remain in effect, except that effective
January 1, 1992, the weeks beginning with "Sunday, Monday, Tuesday off"
shall be eliminated, and the rotation shall advance directly from "Saturday,
Sunday, Monday, Tuesday off" to "Monday, Tuesday, Wednesday off". Th~
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.
vv~,, ~’" o~,-^"^"’,~=,~,"- Sworn Investigative Services Division personnel may, with
the approval of Management, work the following 9/80 schedule, on a
Week 1"Monday - Thursday Nine hours
Friday Eight hours
Week 2:Monday - Thursday Nine hours
Friday Off
Investigative Services Division employees shall take one hour unpaid lunch
periods ~’ "-:-- "’"- "-:-’~,~,,,,u ,,,,o ,,,=, period: Days off and hours are subject to the approval
of the Division Coordinator. ~-t "~ ....."’-:-- of
....... ~,,,,, r~presentat;ve3 sk-" meet t,,
Sworn members of the Traffic Division, with the exception of the Special Events
Sergeant position, shall work a ten-hour day/four-day work week schedule. The
14
SECTION 3. As specified in Section 2.28.080(a) of the Palo
Alto Municipal Code, a two-thirds vote of the City Council is
required to adopt this ordinance.
SECTION 4. The Council ofthe City of Palo Alto hereby finds
that the enactment of this ordinance is not a project under the
Cali[ornia Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
SECTION 5. As provided in Section 2.04.350 of the Palo Alto
Municipal Code, this ordinance shall become effective upon adoption.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City clerk Mayor
APPROVED AS TO FORM:City Manager
Senior Asst. City Attorney Deputy City
Administrative
Department
Manager,
Services
Director of Human Resources
ORDINANCE NO.
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING THE BUDGET FOR THE FISCAL YEAR 1996-97 TO
PROVIDE AN ADDITIONAL APPROPRIATION FOR SALARY AND
BENEFIT INCREASES ASSOCIATED WITH THE MEMORANDUM OF
AGREEMENT BEGINNING JULY i, 1996 WITH THE PALO ALTO PEACE
OFFICERS’ ASSOCIATION
WHEREAS, pursuant to the provisions of Section 12 of Article
III of the Charter of the City of Palo Alto, the Council on June
24, 1996 did ~dopt a budget for fiscal year 1996-97; and
WHEREAS, the Memorandum of Agreement between the C~ty of Palo
Alto and the Palo Alto Peace Officers’ Association (PAPOA) expired
on June 30, 1996; and
WHEREAS, the City of Palo Alto and PAPOA have completed
negotiations for salary and benefit increases for 1996-97; and
WHEREAS, additional funding of $23,000 is required, in addition
to the appropriation included in the 1996-97 Adopted Budget, to
fulfill the terms of the Memorandum of Agreement for 1996-97; and
WHEREAS, City Council authorization is needed to amend the
1996-97 budget as hereinafter set forth.
NOW, THEREFORE, the Council of the City of Palo Alto does
ORDAIN as follows:
SECTION i. The sum of Nineteen Thousand Dollars ($19,000)) is
hereby appropriated to salaries and benefits in the Functional Area
"Requests for Service" and Four Thousand Dollars ($4,000) is hereby
appropriated to Non-Salary Expenses in the Functional Area
"Investigations and Dispositions" in the Police Department. The
General Fund Budget Stabilization Reserve is correspondingly reduced
by the amount of each appropriation.
SECTION 2. This transaction will reduce the
Stabilization Reserve from $16,074,782 to $16,051,782
Budget
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POLICE COMPENSATION PLAN
Page 7
go
Co
The City will discontinue payment of PERS Employee Contributions (EPMC) and discontinue all
provisions of Sections 1, 2 and 3.
The City will increase the base pay of all represented classes by 9%.
Employees in all represented classes will make PERS member contributions by payroll deduction.
The City will provide for member contributions to be made as allowed under provisions of IRS
Code Section 414(h)2.
POLICE COMPENSATION PLAN
Page 6
J.Uniform Purchase Plan
Uniforms including cleaning and safety equipment will be provided in accordance with Administrative
Directives.
K.Retirement
o
Effective beginning July 1, 1983 the’City paid seven percent (7/gths) of the employee’s nine percent
Public Employees’ Retirement System contribution costs.
Effective beginning with the pay period including September 1, 1984 the City increased the pick-up
of employee PERS contributions from 7% to 9%.
Notwithstanding subsections 1. and 2. 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.
a. ~ 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%, 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.
b.Twelve months prior to retirement the employee mt~st give notice to the City for a retirement date
certain.
o
o
c.During the 12-month conversion period, the employee shall pay PERS employee contributions.
d.All provisions of this subsection are subject to and conditioned upon compliance with IRS
regulations.
In order to continue after June 30, 1994, the provisions of Section 3 of this article, as soon as possible
following ratification of this agreement, the City will contract with PERS to provide "Reporting the
Value of Employer-Paid Member Contributions as Compensation i~n Employees’ Final Compensation
Period by Contract Amendment (Government Code Section 20615.5)."
Effective upon termination of PERS contract amendment "Reporting the Value of Employer-Paid
Member Contributions as Compensation in Employees’ Final Compensation Period" (Government
Code Section 20615.5):
POLICE COMPENSATION PLAN
Page 5
a. Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet the requirements of the City
of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources
Department, will be eligible for reimbursement of the actual monthly premium cost of an
individual health plan, not to exceed the average monthly premium cost of individual coverage
under the PEMHCA health plans. Evidence of premium payment will be required with request
for reimbursement.
b.Retiree Me~tical Provisions.
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be
made as provided under the Public Employees’ Medical and Hospital Care Act.
2. Dental Insurance
go The City will maintain the present level of benefits on the City-sponsored dental program for
current employees and their dependents. Effective July 1, 1996, dependents will include domestic
partners as defined under Section 1 .a.
b.Effective beginning July 1, 1985, the City provided a 50% of reasonable charges, $1500 lifetime
maximum orthodontic benefit for representation unit employees and their dependents.
3. Vision Care
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. Effective July 1, 1996, dependents will include domestic
partners as defined under Section 1.a.
4. Life Insurance
Basic Life Insurance (per
$1000 of coverage) not to
exce.ed amount indicated on
existing plans
Per Pay Period Per Month (Approx)
$.13 $.289
POLICE COMPENSATION PLAN
Page 4
No
such meals, lodging, and mileage are reimbursable under tuition reimbursement subject to the maximum
amount of $1000 and subject to POST procedures.
Association members may use tuition reimbursement tO attend training 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.
Court Appearances
Sworn Police Personnel appearing in court for the People shall be compensated as follows:
Period Rate Minimum
1. Appearance on scheduled Time and 4 hours
day off.one-half.
2. Any or all court time Straight time None
during scheduled shift, or during shift,
court time is immediately time and one-
beginning or following half for periods
shift,before or after
scheduled shift
3. -For other than first watch Time and one-
employees, appearance on half
scheduled work day but not
during, immediately before
or after scheduled shift.
2 hours (2 hr.
rain. may not run
into shift time)
4. Appearance on scheduled Time and one-3 hours
work day by employees half
assigned to first watch.
Group Insurance
1. Health Insurance
The City shall pay all premium payments on behalf of employees and dependents who are eligible for
the employee-selected Public Employees’ Medical and Hospital Care Act (PEMHCA) optional plan.
POLICE COMPENSATION PLAN
Page 3
Public Transit. The City will provide monthly Commuter Checks worth the value to $20. These
vouchers may be used toward the purchase of a monthly transit pass.
Carpool. The City will provide carpool vouchers worth the value of $20 per month to each eligible
employee in a carpool with two or more people. These vouchers may 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 will provide walker vouchers worth the value of $20 per month to eligible
employees who walk to work. These vouchers may be used at designated stores for expenses related
to walking such as footwear and related accessories.
Go
Personal Development Program
Pursuant to administrative rules governing eligibility and qualification the following may be granted to
sworn police personnel:
¯ P.O.S.T. Intermediate Certificate: 5% above base salary
P.O.S.T. Advanced Certificate: 7 1/2% above base salary
Tuition Reimbursement
The City will reimburse expenses incurred under the Tuition Reimbursement Program to a maximum of
$1000 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.
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 comply with Internal Revenue Code regulations. Reimbursement requests
may be submitted at any time, but will be batch processed on a periodic basis.
With regard only to POST-reimbursable training which is approved in advance by management and subject
to the paragraph below, and for which POST reimbursement is provided for meals, lodging, and mileage;
POLICE COMPENSATION PLAN
Page 2
No
No
Co
Do
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.
Effective with 1997 pay period no. 01, beginning December 21, 1996, the provision .above will be
~tiscontinued, and base pay will be increased by 1% for classifications within the representation unit. No
annual adjustment will be paid after pay period no. 25 in December, 1996.
Overtime and In-Lieu Holiday Pay
Compensation for overtime work and scheduled work on paid holidays shall be in conformance with the Merit
Rules and Regulations and Administrative Directives. Compensatory time off subject to the limitations of
the Fair Labor Standards Act which is approved by management in lieu of overtime payment on a staffing
available basis will be taken at the rate of 1 ½ hours for every hour of credited overtime.
Working Out of Classification
Within each fiscal year, after two complete shifts have been worked in a higher classification, employees shall
receive a seven percent premium for all subsequent shifts worked out of classification.
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. Vacation pay. for employees who regularly work night shifts shall include appropriate
night shift premiums, relating to night shift hours regularly worked.
Commute Incentives and Parking
Represented employees who qualify may voluntarily elect one of the following commute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City
will provide a Civic Center Garage parking permit. New employees hired after June 30, 1994 may
initially receive a parking permit for another downtown lot, subject to the availability of space at the
Civic Center Garage.
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
SECTION I. SALARY
A.Salary_ Range Tables
Police Department
No
Personnel covered by this plan shall receive compensation within the salary ranges set forth in the Salary
Range Tables that follow Section II.. The salary range for each position classification title and number is
expressed in bi-weekly and/or hourly rates along With the approximate monthly and/or annual equivalent.
°
Effective with the pay period beginning July 1, 1996, a 2.7% increase at the E-Step will be applied to the
salary ranges of the classification of Police Trainee, Police Officer and Police Agent and a 4.2% increase
at the E-Step will.be applied to the salary range of the classification of Police Sergeant.
Effective with the pay period including January 1, 1997, a 1% increase at the E-Step will be applied to
the salary ranges of all represented classifications.
3.Effective with the pay period including July 1, 1997, a 3% increase at the E-Step will be applied to the
salary ranges of all represented classifications.
Establishment of Salary.
The City Manager is authorized to make appointments to or advancements within the prescribed ranges upon
evaluation of employee qualification and performance.
For the purpose of determining step time requirements for merit advancement, time will commence qn the
first day of the month coinciding with or following entrance onto a salary step. Step increases shall be
effective on the first day of the payroll period in which the time and performance requirements have been met.
The City Manager, in recognition of unusual circumstances or extraordinary performance, may authorize
special merit advancement.
In the event that a downward adjugtment of a salary range indicates a reduction in the established salary of
an individual employee, the City Manager may,. if circumstances warrant, continue the salary for such
employee in an amount in. excess of the revised range maximum for a reasonable period of time. Such interim
salary rates shall be defined as "Y-rates."
SECTION II. SPECIAL COMPENSATION
Personnel covered by this compensation plan, in addition to the salary set forth in Section I above, may receive
special compensation as follows. Eligibility shall be in conformance with the Merit Rules and Regulations and
Administrative Directives issued by the City Manager for the purposes of clarification and interpretation.
CITY. OF PALO ALTO
COMPENSATION PLAN
POLICE EMPLOYEES
EFFECTIVE:Pay period including July 1, 1996
through June 30, 1998
EXHIBIT "A"
SECTION 6. 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:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk
APPROVED AS TO FORM:
Senior Asst. City Attorney
Mayor
City Manager
Deputy City Manager,
Administrative Services
Director of Human Resources
2
960716 lac 0031387
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR POLICE NON-MAN-
AGEMENT PERSONNEL AND RESCINDING RESOLUTION NO.
7361
follows:
The Council of the City of Palo Alto does RESOLVE as
SECTION I. Pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the Compensa-
tion Plan, as set forth in Exhibit."A" attached hereto and made a
part hereof by reference, is hereby adopted for police non-manage-
ment personnel effective retroactive to the pay period including
July i, 1996.
SECTION 2. The CompensationPlan adopted herein shall be
administered by the City Manager in accordance with the Merit
System Rules and Regulations.
SECTION 3. The Compensation Plan shall continue in effect
retroactively from the pay period including July i, 1996 through
June 30, 1998.
SECTION 4. The Deputy City Manager, Administrative
Services, hereby is authorized to implement the Compensation Plan
adopted herein in her preparation of forthcoming payrolls. She is
further authorized to make changes in the titles of employee
classifications identified ~n the Table of Authorized Personnel
contained in the 1996-97 budget if such titles have been changed in
the Compensation Plan.
SECTION 5.Resolution No. 7361 is hereby rescinded.
II
II
II
II
II
II
tl
II
II
II
I1
II
II
II
1
960716 lae 0031387
(e)
(f)
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.
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.
Section 49. Duration
This Memorandum of Agreement ~shall become effective July 1; 1996 and remain
effective until June 30; 1998.
EXECUTED:
FOR:
PALO ALTO PEACE OFFICERS’
ASSOCIATION
s/Jirn Coffman
s/Scott Wong
s/Dave F]ohr
s/Dan Ryan
s/A]ana Forrest
s/Dennis Burns
FOR:
CITY OF PALO ALTO
s/Jay Rounds
s/Susan Ryerson
s/Lynne Johnson
s/Joe Saccio
s/Bob Brennan
s/Tom Merson
s/Kathy McKenna
32
(e)Staffing for the University Avenue Street Fair will consist of no less than a 1:1
ratio of regular officers to reserve officers.
Section 46. Overtime Meals for, Investigative Services Division
Effective July 1, 1996, for ISD personnel who are working authorized investigative
overtimeextending for a period either four hours after the conclusion of their normal
work shift, or four hours prior to the beginning of the normal work shift, shall be
entitled to reimbursement for the appropriate meal at the City per diem rate. The meal
reimbursement shall also apply for any authorized investigative overtime on a weekend
or holiday in excess of four hours.
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 Memoran.dum 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.
31
Section 42. Access to Association Representatives
Representatives of the Association are authorized access to City work locations for the
purpose of conducting business within the scope of representation, provided that no
disruption of 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, The3 ia a a’¢¢c, rn pc,3~dc, n with a ~ level of pay which
is 10% below the starting sworn Officer rate. -~"
Section 45. Utilization of Reserves for Field Services Division Events
(a)Management will determine staffing levels 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.
3O
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 andwithout 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
meri~ts.
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 to the Association credit card.
29
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 III, 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 all 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
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
(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 I. The aggrieved employee will first attempt, to resolve the grievance through
informal discussions with his or her immediate supervisor by the end of the 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 holidays.)
Step I1. 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
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
statement.
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.
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)
(b)
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 from restraint,
interference, coercion, discrimination or reprisal.
Definition - a Grievance is:
(c)
(1)An unresol.ved 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 or fringe benefits.
(2)An appeal from a disciplinary action of any kind against an employee
covered by this Memorandum of Agreement.
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 any level of review. The Association may file
a grievance when an Association right not directly related to an individual
employee becomes subject to dispute.
26
(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 less than three (3) days without recurrence, after two (2)
years.
(4)
(5)
Suspensions more than three (3) days but less than six (6) days, after
three (3) years.
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
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.
The 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,
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 will provide walker vouchers worth the value of $20 per month
to eligible employees who walk to work. These vouchers may be used at
designated stores for expenses related to walking such as footwear and related
accessories.
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 extreme 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 Human Resources
Department and included in the employee’s personnel file.The notice of
disciplinary action shall include:
(1)Statement of the nature of the disciplinar.y action;
(2)Effective date of the action;
(3)Statement of the cause thereof;
(4)Statement in ordinary and concise language of the art or the omissions
upon 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;.
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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
Represented employees who qualify may voluntarily elect one of the following
cornmute incentives:
Civic Center Parking. Employees assigned to Civic Center and adjacent work
locations. The City will provide a Civic Center Garage parking permit. New
employees hired after June 30, 1994 may initially receive a parking permit for
another downtown lot, subject to the availability of space at the Civic Center
Garage.
Public Transit. The City will provide monthly Commuter Checks worth the value
of $20. These vouchers may be used toward the purchase of a monthly transit
pass.
Carpool. The City will provide carpool vouchers worth the value of $20 per
month to each eligible employee in a carpool with two or more people. These
vouchers may be used a designated service stations toward the purchase of fuel
and other vehicle-related expenses.
23
Section 35. Leave of Absence With Pay
The City Manager may granta regular employee under his/her control a leave of
absence with pay for a period not exceeding thirty calendar days forreasons 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.
(c)
(d)
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, registered domestic partner, 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.
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.
22 ,
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 will 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.
(d)
(e)
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.
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)
(g)
(h)
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.
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 le.ave to be
granted in accordance with Section~,.’~ ~,,,’"~ ~u,’-" =,,~,--4 ~.’-~ 34~(b)i(c)i (d) and (e).
Military leave of absence. State and federal law shall govern the granting of
military leaves of absence and the rights of employees returning from such
absence.
(f)
(g)
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 group
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.
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 for 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
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)
(j)
Personal Business Leave Chargeable to Sick Leave. Up to 20 hours per year of
personal business leave may be chargeable to sick leave.
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 limited/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.
20
(b)Eligibility. Regular and part-time employees shall be eligible to accrue and use
sick leave.
(c)
(d)
(e)
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.
Accumulation. Accrued sick leave may be accumulated without limit, except as
provided in Section 31(h).
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 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 in 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
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 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 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 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.
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.
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 ~acation 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 33 (e), personal business 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, registered domestic partner, or close
relative residing in the household of the employee).
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.
(d)
(e)
Fourteen, but less than nineteen years - For employees completing fourteen, but
not more than nineteen years continuous service; 180 hours vacation leave per
year.
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
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 call 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.
(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.
(f)
Special Events Sergeant shall, upon request, work a 9/80 schedule as defined in
subsection (d).
Effective July 1, 1996, members assigned to the positions of Field Services Staff
Assistant and Personnel and Training Supervisor may, if mutually agreeable with
Management and the employee, work a9/80 schedule as defined 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.
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
(b)
Overtime pay at the rate of time and one-half of the employee’s regular rate shall
be Provided for all overtime work.
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 compensating 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 ofthe 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/l~er
accrued compensatory, time balance, at the appropriate rate.