HomeMy WebLinkAboutStaff Report 463-07City of Palo Alto
City Manager’s Report
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TO:
FROM:
HONORABLE CITY COUNCIL
CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:
SUBJECT:
DECEMBER 17, 2007 CMR: 463:07
APPROVAL OF TWO RESOLUTIONS (1) AMENDING CHAPTER 16 OF
THE MERIT SYSTEM RULES AND REGULATIONS TO INCORPORATE A
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO
ALTO AND THE CITY OF PALO ALTO PEACE OFFICERS’
ASSOCIATION (PAPOA) AND (2) ADOPTING A COMPENSATION PLAN
FOR PAPOA EMPLOYEES
RECOMMENDATION
Staff recommends Council approval of the attached resolutions amending the Merit System Rules
and Regulations to incorporate the attached Memorandum of Agreement between the City of Palo
Alto and the Palo Alto Peace Officers’ Association (PAPOA), and adopting a Compensation Plan for
sworn, non-management Police personnel.
BACKGROUND
The City’s agreement with PAPOA expired on June 30, 2007. The City commenced negotiations
with PAPOA on June 4, 2007 regarding the terms and conditions of employment for this represented
unit. On October 24, 2007, management representatives reached tentative agreement with the Palo
Alto Peace Officers’ Association (PAPOA) on the terms of a three-year agreement consistent with
Council authorization. The tentative agreement was ratified by the PAPOA membership on
November 15, 2007.
Under State law, the City of Palo Alto is required to bargain in good faith and cannot unilaterally
make contract decisions for represented employee groups. The City must also comply with
collaborative bargaining laws and rules, and actions taken may be subject to review by the California
Public Employee Relations Board (PERB).
The previous memorandum of agreement was in place for six years which was considered to be
longer than the usual term. Based on recent negotiations involving other police agencies in the Bay
Area, City management was well aware that salary increases would be a main issue for PAPOA as it
communicated that it would like Palo Alto to be in the top third of its labor market cities. The salary
increases for police departments in the Bay Area ranged from four percent to ten percent.
CMR: 463:07 Page 1 of 5
One of City management’s key goals during this negotiation process was to further contain escalating
healthcare costs for existing employees and future retirees. During the past several years, the City
has continued to work towards reductions in the high cost of health insurance benefits. One of the
steps taken through other prior negotiations was to cap the City contribution for healthcare premiums
for the International Association of Firefighters bargaining unit; the Management and Professional
group; and most recently, with the Service Employees International Union. Since 2004, PAPOA was
in the forefront of containing healthcare costs by voluntarily agreeing to be covered by less expensive
health plans. The majority of members have not been enrolled in the expensive PERSCare PPO
health plan since 2004. In addition, in 2005, PAPOA cooperated with the City by agreeing to raise
the vesting requirement for eligibility for retiree medical benefits for new hires from 5 years to 20
years.
Another key issue for both PAPOA and City management related to employee retention.
Recruitment and retention are the top two issues facing law enforcement in the next three years, not
only for California public agencies but nationwide. The Palo Alto Police department has lost 51 out
of 93 employees in the past five years. In the last two years, 12 of the 19 employees who left the
department transferred to another agency due to the employee’s decision to move to a community
where he or she can afford to live; to move to an agency that pays a higher salary or to find
opportunities not available in Palo Alto. To prevent turnover and avoid the cost of training new hires
(which amounts to $110,000 per new hire), City management supports a retention program.
DISCUSSION
Key items in the proposed agreement with PAPOA include:
Salar3~
¯A 3.5% cost of living base wage increase to all classifications effective July 1, 2007.
¯A 3.5% cost of living base wage increase to all classifications effective July 1, 2008.
¯A 3.5% cost of living base wage increase to all classifications effective July 1, 2009.
In order to restore and maintain the City’s ability to compete for sworn law enforcement
personnel in the tight labor market that currently exists and that is anticipated to continue in
the near future, the following market adjustments were agreed to in addition to the cost of
living increases:
A 4% adjustment effective July 1, 2007 for Officers and Agents; and 6% for Sergeants
A 5% adjustment effective July 1, 2008 for all classifications
A 2.5% adjustment effective July 1, 2009 for all classifications
CMR: 463:07 Page 2 of 5
Retirement
City pick-up of the employee CalPERS retirement contribution effective January 1, 2008,
with an offsetting wage reduction. This is permanent, and will result in approximately 3% in
salary savings.
A one-time payment of $600 will be made in January 2008 to each employee’s deferred
compensation account, assuming all employees open an account (This is an incentive for
employees to start saving for retirement).
Healthcare Cost Containment
The City will reduce the maximum payment for medical premiums from the highest health
plan (PERSCare) to the second highest (currently Blue Shield HMO) for all current
employees and future retirees. This change represents a cost avoidance of approximately
$900 from the maximum monthly exposure for each employee. PAPOA ensured that the 3
employees remaining on PERS Care had signed up for alternate health coverage beginning
January 1, 2008, during the recent open enrollment period. The elimination of the PERSCare
option will significantly reduce heatthcare premium costs of future retirees.
The City will continue its agreement with PAPOA to cover out-of-pocket expenses in excess
of the $2000 individual and $4,000 family maximum copays. This also includes an
agreement extending this on a temporary basis through 6130110 to employees retiring after
7/1/07. This is capped at an aggregate amount of $10,000 per fiscal year. It will go away
automatically at the end of the term of this contract, unless PAPOA successfully negotiates a
continuation.
Retention
¯Effective July 1,2007 employees with five years of service or more will receive 3% retention
pay.
¯Effective July 1, 2008 employees with ten or more years of service will receive an additional
3% (6% of base total).
Employees on a performance improvement plan will have their pay suspended until the
performance plan objectives are successfully met and the performance issues are corrected
(potentially as long as a year, but usually between 3 and 6 months).
Operational Cost Savings
The following savings items were agreed to:
¯Reduction of K-9 pay, previously an additional 13% of pay, decreased to 5%.
¯Elimination of officers driving City motorcycles between their homes and work.
CMR: 463:07 Page 3 of 5
¯Modifying existing staffing definitions so that traffic personnel can be counted in meeting
minimum staffing requirements, thus saving overtime.
¯Elimination of the requirement for both a manager and a Sergeant to supervise the shift hours
between 3 and 6 a.m.
¯Elimination of most work out-of-class pay, the exception being long-term assignments
lasting two or more consecutive pay periods.
Other provisions of the agreement include a change to the tuition reimbursement program; dental
plan coverage improvements; vacation accruals, holiday pay, bereavement leave, use of sick leave, a
voluntary catastrophic leave program and other non-economic language provisions. The full text of
the agreement, with new provisions highlighted, is attached.
RESOURCE IMPACT
The average annual cost for salary and salary-related benefits of the agreement is $967,000. Partial
funding for the first year of the agreement is included in the 2007-08 Adopted Budget. An additional
budget appropriation will be needed to fully fund this agreement in 2007-08. The additional funding
of $700,000 will be requested as part of the 2007-08 mid year budget pending approval of this
agreement. Funding for the remaining years of the contract will be included in future budgets.
POLICY IMPLICATIONS
The action recommended by this report is consistent with City Council direction.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
CMR: 463:07 Page 4 of 5
ATTACHMENTS
A.Resolution Amending Chapter 16 of the Merit Rules and Regulations Regarding a Memorandum
of Agreement for PAPOA employees
B.Resolution Adopting a Compensation Plan for PAPOA employees
C.Redline Memorandum of Agreement for PAPOA employees
PREPARED BY: Sandra T.R. Blanch, Risk & Benefits Manager
DEPARTMENT HEAD:
RUSS CARLSEN
Director of Human Resources
CITY MANAGER APPROVAL: ,
EMILY HARRISON
Assistant City Manager
CMR: 463:07 Page 5 of 5
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1601 OF THE MERIT SYSTEM RULES AND
REGULATIONS REGARDING A MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE
PALO ALTO PEACE OFFICERS’ ASSOCIATION (PAPOA)
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, and Appendix A, for a term commencing July 1,
2007, and expiring June 30, 2010, 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 represented by
the Palo Alto Police Officers’ Association (PAPOA), except where
specifically 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 to the Merit system Rules and Regulation 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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071212 syn 0120268 ATTACHMENT A
NOT YET APPROVED
SECTION 3. The Council finds that this is not a project under the Califomia
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:
Mayor
APPROVED:
Assistant City Attorney City Manager
Director of Administrative
Services
Director of Human Resources
071212 syn 0120268
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Palo Alto
Peace Officers’ Association
Memorandum of Agreement
2007-2010
July 1,2007- June 30, 2010
Dear City Employee:
The Memorandum of Agreement contained herein has been negotiated between the Palo
Alto Peace Officers’ Association and the City of Palo Alto. We hope you will keep this
Memorandum of Agreement for reference as needed and familiarize yourself with its
contents.
HUMAN RESOURCES DEPARTMENT
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94303
PALO ALTO PEACE OFFICERS’
ASSOCIATION
P. O. Box 51541
Palo Alto, CA 94303
(650) 329-2376 (650)329-2406
TABLE OF CONTENTS
Section 1. Recognition
Section 2. No Discrimination
Section 3. Association Security
Section 4. Payroll Deduction
Section 5. No Strikes
Section 6. Probationary Period
Section 7. Salary Provisions
Section 8. Night Shift Differential
Section 9. Paid Holidays
Section 10. Working Out of Class Pay
Section 11. Retention/Career Incentive Program (Special Compensation)
Section 12. Tuition and Professional Equipment Reimbursement
Section 13. Dependent Care Assistance Program
Section 14. Court Pay
Section 15. Health Plans
Section 16. Dental Benefits
Section 17. Life Insurance Benefits
Section 18. Effective date of Coverage for New Employees
Section 19. Retirement Benefits
Section 20. Retirement Medical Plan
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10
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16
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Section 21. Psychological Counseling Program
Section 22. Uniforms
Section 23. Work Schedule
Section 24. Overtime Pay and Compensatory Time Off
Section 25. Overtime Sign-Up
Section 26. Jury Duty
Section 27. Vacation Accrual
Section 28. Use of Vacation
Section 29. Vacation Pay at Termination
Section 30. Vacation Benefits for Deceased Employees
Section 31. Effect of Extended Military Leave
Section 32. Sick Leave
Section 33. Leaves of Absence Without Pay
Section 34. Leave of Absence With Pay
Section 35. Reduction in Force
Section 36. Agents
Section 37. Commute Incentives and Parking in Civic Center Garage
Section 38. Disciplinary Action and Unsatisfactory Work or Conduct
Section 39. Grievance Procedure
Section 40. Bulletin Boards and Telephones
Section 41. Access to Association Representatives
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47
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Section 42. Meeting Places
Section 43.
Section 44.
Section 45.
Section 46.
Section 47.
Section 48.
Section 49.
Voluntary, Leave Proqram
Utilization of Reserves for Field Services Division Events
Overtime Meals for InvestiqativeServices Division
Hiring Incentives
Full Understanding
Printed Agreement
Duration
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iii
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS’ ASSOCIATION
July 1, 2007- June 30, 2010
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:
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 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.
Section 6. Probationary Period
(a)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
(a) Cost of Living Adjustments
1. Effective with the pay period including July 1,2007, the June 1,2007
salary ranges of all represented classifications will be increased three and one
half percent (3.5%).
2. Effective with the pay period including July 1, 2008, the June 1, 2008
salary ranges of all represented classifications shall be increased by three and
one-half percent (3.5%).
3. Effective with the pay period including July 1,2009, the June 1,2009
salary ranges of all represented classifications shall be increased three and
one-half percent (3.5%).
(b)Market Adjustments. The parties adopt the following market adjustments in order
to restore and maintain the City’s ability to compete for sworn law enforcement
personnel in the tight labor market that currently exists and that is anticipated to
persist in the near and intermediate term, having taken into account partially
offsetting cost reductions provided elsewhere in this Memorandum of Agreement.
1. Effective with the pay period including July 1,2007 the salary ranges of the
Police Officer and Police Agent classification, as increased pursuant to Section
7.a.1 above, shall be further increased by four percent (4.0%) of the base wage
rates in effect for the respective classifications as of June 1,2007.
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Effective with the pay period including July 1, 2007 the salary range
applicable to the Sergeant classification, as increased, pursuant to Section
7.a.1 above, shall be further increased by six percent (6.0%) of the rates in
effect for the Sergeant classification as of June 1,2007.
=
Effective with the pay period including July 1, 2008 the salary ranges of all
represented classifications, as increased pursuant to Section 7.a.2 above,
shall be further increased by five percent (5%) of the base wage rates in
effect for the respective classifications as of June 1, 2008.
=
Effective with the pay period including July 1,2009 the salary ranges of all
represented classifications, as increased pursuant to Section 7.a.3 above,
shall be further increased by two and one half percent (2.5%) of the base
wage rates in effect for the respective classifications as of June 1,2009.
(c)Salary Steps & Ranges (Eligibility)
New officers attending the basic police academy will be compensated at the
"Police Trainee" level.
Academy Graduates and Lateral Officers with less than two years experience
will be compensated at the "Police Officer" "Step 3" Level.
Jr. First Class Exam: Officers become eligible to take the exam anytime after
they complete the Field Training Program. However, the pay increase will not
become effective until they have successfully completed the test and have been
with the department for a year from the academy graduation (Laterals a year
from hire date). The pay increase for Jr. First Class is compensated at the "Police
Officer" "Step 4" level (Approximate 5% Increase).
First Class Exam: Officers become eligible to take the exam any time after they
have successfully completed the Jr. First Class Exam. However, the pay increase
will not take effect until one year from the date of the merit increase for the Jr.
First Class exam. (Lateral officers’ pay increase may be effective one year from
the date of hire) The pay increase for First Class is compensated at the "Police
Officer" "Step 5" Level (Approximate 5% Increase).
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(d)POST Certificate/Incentives
Basic Post: Officers become eligible upon completion of their probationary
period. The certificate must be obtained within 18 months of hire date. (No Salary
Increase)
Intermediate POST: Officers are eligible based on a combination of years of
service and education as follows.
1. Two Years & a bachelor’s degree
2. Four Years & an associate degree or 45 training credits and 45 educational
credits.
3. Six Years & 30 training credits and 30 educational credits.
4. Eight Years & 15 training credits and 15 educational credits.
The pay increase for Intermediate POST Certificates is compensated at
the "Police Officer/Inter" Level. (Approximate 5% Increase).
Advanced POST: Officers are eligible based on a combination of years of
service and education as follows.
1. Four Years & a master’s degree.
2. Six Years & a bachelor’s degree.
3. Nine Years & an associate’s degree or 45 training credits and 45 educational
credits.
4. Twelve Years & 30 training credits and 30 educational credits.
The pay increase for Advanced POST Certificates is compensated at the "Police
Officer/Adv" Level. (Approximate 2.5% Increase).
Training credits are computed as one credit for every 20 hours of
approved course.
Education credits are equivalent to 1 point for each semester unit from an
accredited college/university or 2/3 of a point for each quarter unit.
Military time may be used for service time as approved by POST on a case-by-
case basis.
Officers are responsible for contacting Personnel & Training in order to arrange
taking tests and application for POST certificates.
Special assignment premium pay.
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Effective with the pay period including July 1, 2001, biweekly premium pay for
employees assigned to the indicated specialties will be as follows:
Field Training Premium: 5% of base pay per pay period.
Applies to management-assigned Officers and Agents and Traffic Team members
during each pay period in which they provide training to police recruits, Community
Service Officers or Level II reserve officers who are working on their Level I certificate.
Applies to management-assigned FTO Sergeants during each pay period in which they
supervise assigned FTO Officers or Agents who are actively training police recruits,
Community Service Officers or Level il reserve officers who are working on their Level I
certificate.
K-9 Program Premium: 5% of base pay per pay period,
Effective January 1, 2008, K-9 Officers/Agents shall receive 5% of base pay per pay
period to compensate for the time spent by the K-9 Officer/Agent outside regularly
scheduled work hours to feed, groom, house, exercise, attend to the medical and dental
needs of and otherwise maintain the dog. Effective January 1, 2008, the policy
previously in effect governing K-9 Officer/Agent compensation for such activities shall
terminate.
Court Liaison Premium: 5% of base pay per pay period.
Applies to Court Liaison Officer or Agent during period of active assignment.
Bilingual Premium: 5% of base pay per pay period.
Applies to representation unit employees certified by management as proficient in other
languages as outlined below.
1. Approved Languages
Spanish, Chinese (Mandarin and Cantonese), Japanese, Tagalog, Korean,
Vietnamese, Russian, American Sign Language, and such other languages as
determined by management.
2. Proficiency Requirements
Officers, Agents, and Sergeants who pass a basic "first responder" proficiency test
administered by a professional linguist will be eligible for bilingual pay. This proficiency test
will be a one time test to ensure the candidate has the ability to verbally communicate (with
the exception of American Sign Language) as a first responder in the selected Language.
First responder proficiency will include, but is not limited to, the ability to take basic crime
and accident reports; issue a citation and explain the court process; complete a field
interview card; give directions; give a Miranda admonition; and generally be able to
communicate with a non-English speaking person in need of basic police services.
Study material will be provided by the City to all employees to assist in test preparation.
3. Testing Process
In order to best accommodate the wide range of languages, proficiency testing will be
conducted by professional linguists outside the Police Department that have been agreed
upon by the Association and Management. A basic first responder proficiency exam has
been developed based upon the needs of the organization. The City will pay for the initial
test for each employee. Employees who do not pass the initial test may retest as many
times as necessary. However, subsequent tests will be at the employee’s expense.
Section 8. Night Shift Differential
(a)Night shift differential shall be paid at the rate of 5% to all FSD personnel for all
hours worked between 6:00 p.m. and 8:00 a.m.
(b)All employees covered under Section 23(d) working a regular shift between 7:00
a.m. and 7:00 p.m. shall receive 5% night shift premium for hours worked between
7:00 p.m. and 7:00 a.m.
Vacation and administrative leave pay for employees who regularly work night shifts shall
include appropriate night shift premiums, relating to night shift hours regularly worked.
Shift adjustment hours for employees who regularly work the 4-11 work schedule shall
include the appropriate night shift premium based on the percentage of usual night shift
hours worked to regular hours.
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Section 9. 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 9 (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, 2007, employees shall not receive
paid holidays, but in lieu thereof shall receive 4.62 hours straight time pay, while in a
pay status, to a maximum payment of 120 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 status and will
be paid semi-annually in June and December. If time off is elected under this
provision, such time off may be taken to the maximum of current accrual balances
and subject to management scheduling approval.
(d)The following pertains only to represented employees working eight-hour, five-day
or 9/80, or non-Field Services 4/10 assignments.
(I)All such employees shall have the following days offwith pay, subject to 9(a)
and 9(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 9(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.
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 designated for
purposes of the holiday.
(2)Employees covered under subsection 9(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)All personnel covered under subsection 9(d) working a non-Field Services
4/10 schedule shall be paid 10 hours of holiday pay, according to the
provisions of this section, for holidays falling on scheduled work days. Ten
hours will be added to the holiday accrual balance for covered employees
when a holiday falls on a scheduled day off. Such holiday accrual balance
may be scheduled as time off subject to management approval, but if
unused, will be paid off at the end of the fiscal year.
Section 10. Working Out of Class Pay
Officers, Agents, & Sergeants working out of class for a period of two or more consecutive
pay periods (28 days) shall be compensated with the following premium pay;
Officers and Agents working as an Acting Sergeant: 7% of base pay
Sergeants working as an Acting Lieutenant: 10% of base pay
Agents, and Sergeants fulfilling the role of an Acting Sergeant and/or Acting Lieutenant for
individual shifts and/or a number of hours within a shift, shall not receive additional
compensation. Periodically working in this capacity shall be deemed a basic duty within an
employee’s job description.
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Section 11. Retention/Career Incentive program (Special Compensation)
a)Retention/Career Incentive Program
On July 1, 2007 the City will initiate a Retention/Career Incentive Program. It is
recognized that hiring, training, and retaining qualified law enforcement personnel is
becoming increasingly difficult, time consuming, and very expensive. This program
is designed to provide greater incentives for hiring new employees, retaining long-
term employees, and attracting quality lateral candidates from other law
enforcement agencies. This program will provide special compensation in the form
of premium pay at various levels as employees reach different career milestones.
Both parties acknowledge that the cost of the program was partially offset through
salary and/or benefit reductions agreed to elsewhere in this Memorandum of
Agreement.
Effective with the pay period including July 1, 2007 employees shall receive the
following special compensation;
All employees with more than 5 years of service shall receive special
compensation in the form of retention pay at 3% of straight time base pay.
Effective with the pay period including July 1, 2008 employees will receive the
following special compensation;
More than 5 years service, but less than 10 years shall receive special
compensation in the form of retention pay at 3% of straight time base pay.
More than 10 years service shall receive special compensation in the form of
retention pay at 6% of straight time base pay.
As an incentive to recruit and hire lateral law enforcement personnel from other
agencies, the following shall apply. At the Chiefs discretion, up to 5 years of full
time law enforcement service may be counted towards the years of service
outlined above.
Once this program is fully implemented on July 1,2008 the contract language for
the previous year (July 1, 2007) can be removed from this section as it will no
longer apply.
Special Compensation/Retention Pay outlined in the Retention/Career Incentive
Program shall be deemed PERSable for the purpose of income and retirement
however will not be a factor when calculating overtime compensation.
10
b)Performance Improvement Plans (Retention Incentive Disqualification)
Employees on a Performance Improvement Plan will not receive compensation
under the Retention/Career Incentive Program. Employees will be removed from
the Retention/Career Incentive Program in the pay period following the
implementation of the Performance Improvement Plan. Employees will begin
receiving Retention/Career Incentive Compensation in the pay period after the
successful conclusion of the Performance Plan.
Employees will retain their right to use the grievance process as outlined in
Section 39 as it pertains to the loss of compensation outlined above.
Section 12. Tuition and Professional Equipment Reimbursement
(a)The City will reimburse up to $1,000 per fiscal year for tuition, curriculum
fees, the purchase of work-related books, videos, or periodicals, professional
association memberships, job-related computer software, hardware and related
peripherals and accessories, software upgrades, dial up or high-speed internet
access, routers, telecommunication equipment, and home office
equipment/furniture. 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.
An employee will not be reimbursed for the cost of a desktop or laptop computer in
consecutive fiscal years. An exception may be made if, in the opinion of the
Personnel and Training Coordinator, the employee shows good cause for why such
purchase should be allowed (e.g. reported theft, documented breakage, etc.) If an
employee terminates within one hundred and eighty (180) days after making a
purchase for which the City reimburses the employee under this provision, the
amount of that reimbursement shall be recovered by the City and may be deducted
from the employee’s final paycheck. Exceptions to the 180 day reimbursement
provision may be approved with the concurrence of the Chief of Police and the
Human Resources Director.
(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 comply 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
11
Management, subject to Section 12(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 12(a) and subject to POST procedures.
(d)Representation unit members may use tuition reimbursement to attend job-related
training during on duty time only if approved by management. If representation unit
members wish to attend training on scheduled work days, alternate work days may
be granted by Management when staffing allows.
Section 13. 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 I 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 14. Court Pay
Sworn Police Personnel appearing in court or in an administrative forum in the course and
scope of their normal duties will be compensated according to the following:
Period Rate Minimum
(a) Scheduled day off. Time and one-half 4 hours
(b) During scheduled
shift or immediately
preceding or following a
shift
Straight time during shift.
Time and one-half for
period before or after
scheduled shift.
None
(c) Appearance on a
scheduled work day by
employees of Team #3
(prior to 12 p.m.)
(d) Appearance on a
scheduled work day by
employees of Team #4 or
Team #5
(e) All other court
appearances
Time and one-half
Time and one-half
Time and on-half
3 hours
3 hours
2 hours
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Section 15. Health Plans
(a)PEMHCA Health Plan
Except as otherwise set forth herein, the City will maintain the present level of
benefits on all City sponsored medical programs.
Benefits will be provided in accordance with provisions of the PEMHCA Health Plans
during the term of this contract. Monthly City-paid premium contributions for an
employee-selected PEMHCA optional plan will be made to the maximum amount
indicated in each category below during the term of this contract. Effective July t,
2007, the city will pay up to the monthly medical premium for the 2nd most expensive
plan among the existing array of plans during the term of this Agreement. Those
employees currently in the most expensive medical plan (PERSCare) as of June 30,
2007 will be permitted to remain in said plan at full City paid expense until the end of
the calendar year 2007, at which time they will be afforded the opportunity to change
medical plans during the open enrollment period between Sept. 17 to Oct. 12 , 2007.
If said employee(s) wishes to remain in the PERSCare medical plan, the difference
between the PERSCare plan and the monthly medical premium for the 2nd most
expensive medical plan will be paid by the employee. If CalPERS changes the plans
it offers, the City and the Association will meet and confer over the City continuing to
provide an equivalent benefit at an equivalent cost.
During the term of this Agreement, if CalPERS no longer offers the PORAC health
plan and as a result, an affected employee enrolls in an alternative CalPERS health
plan, the City will reimburse or provide insurance to such employee or his or her
dependents for documented medical expenses incurred that exceed the two million
dollar ($2,000,000) lifetime maximum if any, provided that such expense would have
otherwise been covered and paid by the health plan. Such reimbursement shall be
made once per fiscal year.
Eligible Active
Employees
Number of Parties
Covered
Employee Only
Employee Plus One
Employee Plus Two
or More
Monthly City
Contributions
Premium for plan selected
Not to exceed the second most expensive plan
Premium for plan selected
Not to exceed the second most expensive plan
Premium for plan selected
Not to exceed the second most expensive plan
13
For those members who are enrolled in either the PORAC or PERS Choice health
plan, the City agrees to continue to reimburse the employee out-of-pocket expenses
that exceed the PERSCare annual maximum co-payment responsibility during the
term of this contract. For calendar year 2007, those maximum co-payments are
$2000 per plan member, or $4000 per family. This medical incentive plan allows
Association members and dependents enrolled in either the PORAC or PERS
Choice medical plans to submit eligible expenses incurred that exceed $2000 per
member and/or $4000 per family for covered services received from a preferred
provider to the Human Resources Department for reimbursement.
(b)Vision Care
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. Dependents will include domestic partners, as
defined under Section 16 (c).
(c)Active Employee Domestic Partners
(d)
Active employee domestic partners whose domestic partnership is registered with
the State of California will be eligible for medical benefits under this section. Active
employee domestic partners whose domestic partnership is not registered with the
State, but 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 maximum monthly premium cost of
individual coverage under the PEMHCA health plans. Evidence of premium
payment will be required with request for reimbursement.
Alternative Medical Benefit Program
If a regular employee and/or the employee’s dependent(s) are eligible for medical
insurance through another employer-sponsored or association-sponsored medical
plan, the Employee may opt for the alternative medical insurance coverage through
the other employer-sponsored or association-sponsored medical plan and waives
his/her right to the City of Palo Alto’s medical insurance coverage for same
individuals. Employees electing alternative coverage and no City coverage will
receive cash payments of approximately one-half of the "averaged monthly
premiums" for their medical insurance coverage. "Averaged monthly premiums" are
the average of the Kaiser HMO, Blue Shield HMO and PERS Choice PPO
premiums for the employee’s City medical coverage through the California Public
14
Employee Retirement System (CalPERS).
The rates for 2007 are as follows:
One Party:$230.00
Two Party:$460.00
Family:$595.00
For 2008, the rates are as follows:
One Party:$250.00
Two Party:$500.00
Family:$645.00
The alternative Medical Benefit Program rates for subsequent years covered by this
Agreement will be determined when CalPERS formally announces the health plan
rates applicable for the year in which they are to apply.
Section 16. Dental Benefits
(a)The City will maintain the present level of benefits on the City-sponsored dental
program for current employees and their dependents, except that the maximum
benefits per calendar year shall be $2,000 effective in 1988. Dental Coverage shall
include composite (tooth colored) fillings for all teeth.
(b)Effective July 1, 2007, the City will provide a 50% of reasonable charges, $2,000
lifetime maximum orthodontic benefit for representation unit employees and their
dependents.
(c)Dependents will include domestic partner, as defined under Section 15 (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.
(e)Dental implants in conjunction with one or more missing natural teeth, and removal
of dental implants will be covered as a Major Dental Service at 50% usual,
customary and reasonable (UCR).
15
Section 17. 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 18. Effective date of Coverage for New Employees
For newly hired regular employees coverage begins on the first day of the month following
date of hire for the health plan, dental plan, vision care plan, and life insurance plans if
these benefits are elected.
Section 19. Retirement Benefits
(a)"3% at 50" Safety Retirement
The current Public Employees’ Retirement System (PERS) benefits, known as the "3
percent at 50" Retirement Formula per California Government Code {}21362.2, shall
continue in effect.
Employees in all represented classes will make PERS member contributions by
payroll deduction. With employees paying their own contributions, the City will
provide for member contributions to be made as allowed under the provisions of IRS
Code §414(h)(2).
Effective with the pay period including 7/1/08, the City will begin paying the
Employees 9% PERS Contribution with a simultaneous offsetting wage reduction.
The wage reduction shall be calculated by dividing an employee’s salary prior to the
July 1, 2008 pay period increase by 1.09 to get the new reduced hourly rate
(Example $48.22 divided by 1.09 equals $44.24). The salary increase effective in the
pay period including July 1,2008 will be applied to the reduced hourly rate.
Effective with the pay period including 7/1/08, the City will contract with PERS to
provide "Reporting the Value of Employer Paid Member Contributions as
Compensation in Employee’s Final Compensation Period by Contract Amendment
(Government Code Section 20615.5).This amendment will make the 9% Employee
Contribution PERSable as "Special Compensation in the final year of employment."
These payments shall be made on a tax deferred basis, in accordance with Section
414(h) (2) of the Internal Revenue Code.
16
(b)1959 Survivor Benefit
The City will continue to provide the basic level (Level 1 ) of 1959 Survivor Benefit to
eligible employees in accordance with California Government Code §21571.
(c)Military Service Credit.
The City will amend its contract with the Public Employees’ Retirement System to
provide for Section 20930.3, Military Service Credit as Public Service.
(d)Retirement Privileges
All retired employees and spouses of deceased employees shall have residential
privileges at City libraries, refuse disposal area, golf course, and swimming pools.
(e)PERS Status While in Basic Academy.
While an employee is attending Basic Academy, he or she shall participate in the
City’s PERS Miscellaneous Employee retirement plan (2.7 at 55 formulas), with the
same employee and employer contribution rates as applies to Miscellaneous City
employees represented by SEIU (classified unit). When the employee successfully
completes Basic Academy and is sworn in by the Police Chief, he or she shall
prospectively participate in the PERS Safety Employee retirement plan (3 at 50
formulas)."
(f)Deferred Compensation - One Time Payment
In the pay period including January 15, 2008, the City shall make a one time $600.00
contribution to each member’s deferred compensation account not to exceed a total
expenditure of $50,400. This payment will be made to all members of record on
September 30, 2007 and any new members hired prior to December 15, 2007. To
receive the payment, each member, as outlined above, must be employed with the
City at the time contribution is made. If the POA is unable to have al_J members open
a deferred compensation account by December 31,2007, the $600.00 will be paid
out as a one time wage payment in the pay period including January 15, 2009.
Section 20. Retirement Medical Plan
(a) Retiree Medical Coveraqe- Employees hired before January 1, 2006:
17
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 for employees that retire on or before December 31,2007. Effective January 1,
2008, for an employee retiring on or after that date, the City will pay up to the monthly
medical premium for the 2nd most expensive plan among the existing array of plans during
the Agreement term. If PERS changes the plans it offers, the City and the Association will
meet and confer over the City continuing to provide an equivalent benefit at an equivalent
cost.
For 2007 calendar year, the City’s contribution toward dependent coverage is 70% of the
difference between the applicable "Employee and One Dependent" or "Family" maximum
employer contribution for active Association employees and the maximum employer
contribution for "Employee Only" coverage. For 2008 calendar year the City’s contribution
will increase to 75%. This contribution for dependents will increase annually by 5% of the
difference between the single party premium and the two party or family premium, until
such time as the premium of the affected dependent(s) is fully covered.
(b)Retiree Medical Coveraqe - Employees hired on or after January 1,2006:
The CalPERS vesting schedule set forth in California Government Code §22893 will apply
to all Association members hired on or after January 1,2006. Under this law, an employee
is eligible for 50% of the specified employer health premium contribution after ten (10)
years of service credit, provided at least five (5) of those years were performed with the
City of Palo Alto. After ten (10) years of service credit, each additional year of service credit
will increase the employer contribution percentage by 5% until, at twenty (20) years’ service
credit, the employee will be eligible upon retirement for 100% of the specified employer
contribution. However, the maximum contribution for family members will be 90% of the
specified employer contribution. Notwithstanding any other term of this section, the City of
Palo Alto’s health premium contribution for employees hired on or after January 1,2006 will
be the minimum contribution set by CalPERS under California Government Code §22893
based on a weighted average of available health plan premiums.
(c) During the term of this agreement, if CalPERS no longer offers the PORAC health
plan and, as a result, an affected retiree enrolls in an alternative CalPERS health plan, the
City will reimburse or provide insurance to such retiree or his or her dependents for the
documented medical expenses incurred that exceed the two million ($2,000,000) lifetime
maximum, if any, provided that such expense would have otherwise been covered and
paid by the health plan. Such reimbursement shall be made once per fiscal year.
For those member retirees who retire after July 1, 2007 who are enrolled in either the
PORAC or PERS Choice health plan, the City agrees to reimburse the retiree’s out-of-
pocket expenses that exceed the PERSCare annual maximum co-payment responsibility
through June 30, 2010. For calendar year 2007, those maximum co-payments are $2000
per plan member, or $4000 per family. This medical incentive plan allows Association
18
retirees and dependents enrolled in either the PORAC or PERS Choice medical plans to
submit eligible expenses incurred that exceed $2000 per member and/or $4000 per family
for covered services received from a preferred provider to the Human Resources
Department for reimbursement. The maximum aggregate amount the City shall pay out in
any fiscal year under this paragraph for un-reimbursed out of pocket expenses shall be ten
thousand dollars ($10,000).
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 cotton or two
synthetic fiber turtleneck shirts, (5) hat, (6) duty jacket with patches, (7) dress jacket
with patches, (8) necktie, and (9) 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 p&rticular 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 for the full cost of job-related boots upon
verification of such purchase by the employees. The City will make the
reimbursement only upon proof that the previous boots have become unserviceable
due to wear or damage. (Job-related boots shall mean well-constructed, high topped
boots that provide full ankle and foot support, which are selected from list agreed to
by Management and the Association.)
Employees are responsible for the full cost of any low-top, black shoes that are worn
with the uniform.
19
Section 23. Work Schedule
(a)Field Services Division 4/11 Schedule
The patrol schedule will have two sides, "A-Side" and "B-Side." There will be ten
patrol teams each supervised by a Sergeant or Acting Sergeant under the
management of patrol lieutenants. Five Patrol teams will work an "A" schedule
and five Patrol teams will work a "B" schedule.
Patrol officers, agents, and sergeants will report for duty promptly at the
designated times for each team. Patrol team schedules are as follows.
Patrol Division Team Schedules
A-Side B-Side
Team 1A 0500 to 1600 Team 1 B 0500 to 1600
Team 2A 0700 to 1800 Team 2B 0700 to 1800
Team 3A 1400 to 0100 Team 3B 1400 to 0100
Team 4A 1800 to 0500 Team 4B 1800 to 0500
Team 5A 2000 to 0700 Team 5B 2000 to 0700
Team’s 2A, 3A, and 4A are designated as field training teams.
(1) 4/11 Work Schedule
The work schedule will be based on an eight (8) day cycle with each employee
working four (4) consecutive days on.and having four (4) consecutive days off. The
eight (8) day cycle will advance the employee’s workdays and days off within the
calendar week one day every cycle. The overall cycle repeats itself every eight (8)
weeks.
Over the course of a year (26 pay periods) each employee works 182 eleven (11)
hour regular patrol shifts totaling 2002 hours, 78-hours short of the required fulltime
equivalent work year of 2080 hours.
20
In the Patrol Division_and with the approval of the Patrol Captain, a maximum of two
(2) paired "fixed days" schedules (4 Employees) may be established, at the
employees’ request. The regularly scheduled hours of work for such a position
must cover the days off of the position with which it is paired. For example, one
position could_have Sunday, Monday, and_Tuesday off while the other could have
Thursday, Friday, and Saturday off. It shall be the responsibility of employees
interested in a paired fixed day schedule to identify another employee who is willing
to participate in the paired arrangement. If either employee or the Department
desires to terminate a paired schedule once it is in effect, the employee or
Department, as applicable, must give the other affected parties to the arrangement
at least one (1) full pay period advance written notice. Resumption of the
employees’ participation in the normal rotation shall begin on the first day of the
second full pay period following the date notice is delivered to the other parties.
Employees on a fixed schedule will be required to attend the designated CPT
(Continued Professional Training).training days either on their regularly scheduled
workday or on a day off. If they attend training on their regularly scheduled day off,
they will be compensated by receiving an adjusted day off within the same pay
period.
Employees requesting a schedule different from the rotating 4/11 must submit their
request in writing prior to the team selection process. The requests will only be
considered on an extreme hardship basis
The following hours and minimum staffing levels will be observed on both sides of
the Patrol Division. During team overlaps, the combined staffing levels of the teams
will serve to meet minimum staffing levels.
0700-2400 hours 1 Lieutenant/Sergeant
1 Sergeant/Agent
6 Officers/Agents
Watch Commander
Supervisor
0001-0300hours 1 Lieutenant/Sergeant
1 Sergeant/Agent
5 Officers/Agents
Watch Commander
Supervisor
0300- 0700 hours 1 Sergeant
5 Officers/Agents
Supervisor
Under routine circumstances, personnel will be able to receive time off as long as
minimum staffing numbers remain available for duty. Management may deny time
off to maintain staffing greater than the minimum numbers outlined above. It’s
anticipated this will only occur in special situations where greater staffing is needed.
21
(2) Designated CPT Training Days within the 4/11 Schedule:
The 4/11 Schedule will have designated CPT training days and flexible training
hours to make up the seventy-eight (78.) hours necessary to complete a full work
year. A training bank will be created for each employee on the 4/11 Schedule to
track and monitor the use and balance of the 78-hours. The training bank and its
use are outlined in the next section.
Management will determine the number of designated CPT training days and
stagger them throughout the year in order to avoid overtime insofar as possible.
Designated CPT training days will be scheduled prior to the beginning of each shift
year. Unless otherwise determined by the Department, there will be five (5)
designated CPT training days each year. These training days will vary in duration
but will in most cases be approximately eight (8) to ten (10) hours in duration. The
exact number of designated CPT training days, their duration in hours, and the
remaining flexible training bank time will be determined prior to shift change and
vacation selection. If it’s anticipated that the number of training days will vary in any
given year, Management will notify and, on request, meet with PAPOA to consider
any concerns the Association may have.
Patrol personnel will not be permitted to take vacation on any one of these pre-
designated CPT training days. The Division Captain may authorize an exception
based on compelling circumstances.
The course content and training provided on the designated CPT training days can
vary from year to year to meet current and changing training needs. It will be the
responsibility of the Personnel and Training Division to schedule and coordinate the
training on designated CPT training days. Training days may be scheduled during
daytime and/or nighttime hours to accommodate training needs.
Sworn employees not on the 4/11 Schedule will be required to attend designated
C.P.T. training days. Each of the training days will be broken into two (2) single day
sessions for Patrol (A side and B side). It is anticipated that approximately fifty
percent (50%) of the non-4/11 employees will attend one (1) of the two (2) days
during each of the training cycles.
If the nature and/or complexity of the training does not allow for a larger groups,
multiple sessions can be scheduled on additional training days.
22
(3) Flexible Training Hours
This schedule results in seventy-eight._(78) hours that will be made up during the
year through designated CPT training days and flexible training time. it is
anticipated that approximately fifty (50) hours will be set aside each year for
designated CPT training days (exact number to be determined each year). Once the
hours set aside for designated CPT training days is established, the remaining
hours shall be used for flexible training as follows.
Employees on the 4/11 Schedule attending training on a day off or outside their
normal shift shall use their available Flexible Training Bank hours (Non-CPT Hours)
prior to using overtime. All Flexible Training Bank hours must be used prior to
earning overtime. The only limitation on the use of these training hours is that no
employee can exceed the one hundred seventy-one (171) hour FLSA limit in any
twenty-eight (28) day cycle. The combination of regular work shifts, designated CPT
training days, and flexible training time cannot exceed one hundred seventy-one
(171) hours in any FLSA Cycle. Any hours worked over one hundred seventy-one
(17!) in a twenty-eight (28) day cycle are considered premiums hours and must
therefore be paid at the overtime rate.
The following is a list of some of the forms of training that could use hours
from the bank;
SWAT
Quarterly Shoots
Sergeant’s meetings
Radar School
DRO
FTO Meetings
FTO School
Supervisor school
Range Masters
K-9
11550 School
All other Training
If an employee doesn’t use his or her flexible training hours during the year, he or
she will be required to make up the difference by either working extra shifts, partial
shifts or by using vacation, compensatory time off, and/or holiday time from one of
their banks at the end of each fiscal year. The Watch Commander and Supervisor
will work with employees to schedule extra shifts or use vacation, holiday or
compensatory time off balances. These hours are hours the employee is being
compensated for during the normal twenty-six (26) pay periods. The employee must
work the hours on a straight time basis or use vacation, holidays or compensatory
time off for the compensation received throughout the year.
23
(4) Other Training (not covered by the flexible training bank)
The 4/11 Schedule significantly impacts designated CPT training days, shift training,
and to some extent training compensated under the flexible training hours. The
following guidelines should be followed when attending training not covered by the
flexible training hours. All training bank hours, adjusted time off associated with
training, and/or overtime associated to training shall be approved in advance by the
employee’s watch commander or supervisor.
One full day of
training on a day
off.
The employee will either receive overtime for the
number of hours at training or adjustment for one
patrol shift. Adjustments will be documented in the
City timekeeping system.
One full day of
training on a day
on.
The employee will be adjusted off their patrol shift for
the day. Adjustments will be documented in the City
timekeeping system.
More than one
day, but less than
a week.
For each full day of training, the employee will be
adjusted off one patrol shift. Adjustments will be
documented in the City timekeeping system
Partial day of
training on a day
off.
Overtime or .adjustment for the number of hours
actually in training. Adjustments will be documented
in the City timekeeping system.
Partial day of
training on day on.
The employee will be adjusted from duty for the time
of the training and be expected to work the remainder
of their shift. Adjustments will be documented in the
City timekeeping system.
A four (4) or five
(5) day (week)
training session
that doesn’t
exceed forty-four
(44) hours.
Whenever possible, and depending upon where the
employee is in their twenty-eight (28) day cycle, the
employee will be adjusted off the patrol schedule
when attending four or five day training sessions. The
employee will be adjusted from four (4) eleven (11)
hour shifts as compensation for attending the course.
The four (4) adjusted days will be as close to the days
the employee attended training as possible.
Employees will not receive overtime under this
situation unless the total time training exceeds forty-
four (44) hours. Adjustments will be noted in the
comment section of the timekeeping system.
24
(5)Assignments of Sworn Personnel on the 4/11 Schedule
Each year assignments are made for management staff for the coming fiscal year.
Subsequent to those assignments, officers, agents, and sergeants apply for
specialty positions. At the conclusion of those specialty selections, the Patrol Team
Selection process begins. Each year, the following process will be used for patrol
team selection.
Field Services Division Shift Assignment Process:
Field Services sergeants, agents, and officers will select their work team based on
the following criteria.
a=Sergeants, in order of seniority, shall select one of the ten patrol teams.
Sergeants may select any open team with the exception of those teams
designated as Field Training teams. FTO Sergeants, in order of seniority, will
select one of the designated FTO teams.
b=Field Training Officers/Agents, in order of seniority, shall select one of the
slots open and designated as FTO slots on one of the three FTO teams.
The following teams have been pre-designated as training teams: Team 2A,
Team 3A, and Team 4A.
C=K-9 Officers/Agents - K-9 officers/agents will generally select one of the
night shift teams: Teams 4 and 5. Selections will be based on rank and
seniority. Only one K-9 will be allowed per team and K-9’s will be evenly split
between the two sides
Any exception to these assignments must be requested and approved by the
Field Services Coordinator prior to the start of the selection process.
d=Agents, in order of seniority, shall select any of the open agent’s slots
remaining on any of the patrol teams. A minimum of three (3) agents will be
assigned to the A-Side and a minimum of three (3) agents will be assigned to
the B-Side. If a greater number of agents are assigned to patrol,
management will evenly designate agent’s slots insofar as possible to as
many of the patrol teams as possible with the goal being to have one agent
on each patrol team.
e=Officers, in order of seniority, shall select any remaining slot available on
any of the patrol teams.
25
fJ Probationary Officers - May be assigned to teams at the discretion of the
Field Services Division Coordinator. These assignments will be made based
on the developmental needs of the new employee, the staffing needs of the
organization, and in a manner that minimizes the loss of prime bidding slots
for more senior officers/agents.
Additional Team Selection Guidelines
Prior to the selection process, management shall determine the
number of agents, and officers assigned to each team.
Additionally, management will determine which teams
are available for selection by K-9 Officers/Agents. Field Training
Officers/Agents, Field Training Sergeants, and probationary
employees shall be subject to administrative assignment.
In the spring of each year, all employees participating in the patrol
team selection process will receive a schedule identifying available
slots, the process for team selection, and a date and time for the
employee to make their selection.
Team Selection Reservations - Once Officers/Agents/Sergeants select a team, they
will be guaranteed that team even if they are unable to work that team at the start of
the shift year due to special assignment, internship, leave of absence, disability,
illness etc.
Officers, Agents and Sergeants may not remain in the same time
slot for more then two consecutive years.
Team change request will be considered with the approval of
management.
Any request for an anticipated change to the assignment of sworn personnel shall
be routed to the Field Services Division Coordinator prior to the selection process.
(6)Vacation Selection
Concurrent Vacation Authorization - Officers and Agents
Patrol Division - Four (4) slots are authorized on the A-Side and four (4) slots
are authorized on the B-Side. It is anticipated that this would equate to two
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(2) slots on night shift (Teams 3, 4, and 5) and two (2) slots on day shift
(Teams 1, and 2) for each side.
Any exceptions to these rules may be made by the Field Services Division
Coordinator based on special circumstances.
Concurrent Vacation Authorization - Sergeants
Patrol Division - Two (2) slots are authorized in patrol on the A-Side and two
(2) slots are authorized in patrol on the B-Side. It is anticipated that this
would equate to one (1) slot on the night shift (Teams 3, 4, and 5) and one
(1) slot on the dayshift (Teams 1 and 2) for each side. Exceptions to allow
two (2)_sergeants vacation at the same time for special circumstances may
be made by the shift lieutenant. Other exceptions to this rule may be made
by the Field Services Division Coordinator.
a. The A-side and B-side will have separate vacation signups. It’s also
anticipated that the dayshift and nightshift will have separate signups. For
agents and above, selection will be based on rank and time in rank.
Personnel having the greatest tenure in rank will have priority. For officers,
selection will be based on seniority. If seniority is equal, low badge number
shall have priority.
b. Sergeants will have a separate signup sheet from agents and officers.
During the initial sign up sergeants will have two guaranteed slots per side,
one (1) on day shift and one (1) on night shift. Agents/officers will have four
(4) guaranteed slots per side, two (2) on day shift and two (2) on night shift.
Vacation Selection Process: Vacation selection will occur within a few weeks
of the team selection process each spring. Selections will take place on two
days, one day for the A-Side and one day for the B-Side. Sergeant, agents,
and officers will be given time slots to come in, call in, or may submit in
advance written instructions on choice for vacation weeks. The selections will
be made based on rank and seniority. Both sides agree to monitor the
outcome of the process and enter into a mutual agreement to continue or
discontinue the process.
(7)Time Keeping and Payroll
All employees working under the 4/11 schedule will work eleven (11) hours a
day, four (4) consecutive days a week. These eleven (11 ) hours will be entered
in the timekeeping system on the day they are worked and/or prior to pay period
payroll deadlines. Employees attending one (1) of the designated CPT training
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days will enter the hours of training on a "training timesheet" and enter the time
in the timekeeping system. Employees using hours from their flexible training
bank shall complete a "training timesheet" and enter the time in the timekeeping
system.
Employees working the 4/11 Schedule will not receive overtime compensation
for hours worked under the followingconditions.
¯Hours worked as part of a regular 11-hour work day.
¯Hours worked on a designated CPT training days.
¯Hours associated to training where hours from the flexible training bank
could be used.
Non-Mandatory training where adjustments from the patrol schedule are
possible.
Overtime shall be paid for "Mandatory" training once training bank hours have
been exhausted.
Overtime shall be paid for "Mandatory" meetings that fall outside the specialty
exemption listed below.
Participation in department specialties including training, meetings, and other
activities is not considered a mandatory activity when it comes to overtime
compensation. Wherever possible, employees participating in department
specialties and other non-mandatory activities will be adjusted off the patrol
schedule for these activities. Schedule adjustments will occur as close to the
activity outside the employee’s normal work schedule as possible and within the
same FLSA Cycle.
Schedule adjustments for personnel working nights: All personnel attending a
full day of training on a work day will be adjusted off the patrol schedule for their
work shift that day. In addition to being adjusted off any shift that starts on the
day the training occurs, employees working Teams 3, 4, and 5 the night before
the training will be adjusted off the night before as follows. If the training is all
day starting in the morning hours, these adjustments will apply.
Team 3:
Teams 4 & 5:
Adjusted off at 2200 hours.
Adjusted off the entire shift.
If a night shift employee is scheduled for a full day of "Mandatory" training on the
morning of his or her first day off, the same adjustments listed above will apply.
In addition to the necessary adjustment, employees will receive compensation
for the training hours through the use of training bank hours. When training bank
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hours are exhausted, the employee will receive overtime.
The time keeping system entries: Each employee must enter his or her time in the
timekeeping system that accurately reflects the hours he or she works. When
schedule adjustments are made, overtime is worked, or training bank time is used,
employees must make appropriate notes in the comment section of the timekeeping
system. Supervisors and timekeepers may complete the timekeeping system entries
when employees are unavailable due to illness or other situations. Employees
working the 4/11 Schedule shall also sign the daily schedule.
Managers and supervisor will approve time entries made in the time keeping
system. Managers and supervisors will pay special attention to the use of training
bank time and overtime. Time entries should be reviewed for regular hours and
training hours that may exceed the FLSA guideline of 171 hours in a 28 day cycle.
With the 4-day on 4-day off rotation, employees will work either 66 or 88 hours in
each pay period. The timekeeping system will shift adjust the appropriate number of
hours into (+14) and out of (-8) the employees bi-weekly totals so each employee
receives compensation for 80 hours. Regardless of the number of hours worked
under the FLSA exemption, an employee will be compensated for 80 regular hours
every bi-weekly payroll cycle.
These shift adjusted hours (-8 or +14) will be added to or taken away from the
timecard at the appropriate day/night shift differential rates for each employee. As
an example, if an employee’s normal shift is paid at 75 percent day rate and 25
percent night rate, all hours shift-adjusted on to or off the timecard will be adjusted
using the same approximate ratio of 75/25 percent for day/night rates.
If an employee leaves city service while on the 4/11 schedule, staff and payroll shall
perform the training bank reconciliation of the number of hours the employee is over
or under the normal forty (40) hour workweek rate since the beginning of the current
one (1) year (twenty-six [26] pay period) 4/11 cycle. If the employee has worked
more hours than the forty (40) hour a week average, he or she shall be
compensated for those hours at the regular rate. If the employee is under the forty
(40) hour a week average, the hours will be taken from the employee’s vacation,
holiday, or comp time bank and/or deducted at the regular rate from the employee’s
last check.
If an employee’s assignment changes from the 4/11 schedule or to the 4/11
schedule, his or her over/under rate will be calculated the same as above. Time off,
extra shifts worked, and/or the adjustment of holiday, vacation, and/or comp. time
banks will be used to resolve any differences between actual hours worked and the
forty (40) hour weekly average.
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Daylight Savings Time/Pacific Standard TimeChanges- Personnel on Team 4 and
Team 5 will follow these guidelines when working either the spring forward or fall
back. Individuals working in the spring who would lose an hour of work due to the
change to Daylight Savings Time will report for duty one (1) hour early and work an
eleven (11 ) hour shift at straight time. Individuals working in the fall will work one (1)
additional hour (for a total shift of twelve (12) hours) due to the change to Pacific
Standard Time. Such employees will put in for one (1) hour of overtime. Nothing in
this section prevents an employee from leaving early or using time off to offset the
time when staffing allows and approved by the Supervisor or Watch Commander.
(8) Maximum Hours Worked - Turn Around Time
Sergeants, agents, and officers may work up to a maximum number of 16 hours in a
24-hour period. Any work beyond 16 hours must be approved by a watch
commander or member of management and only under exigent circumstances. Any
time an employee works 16 hours or more, they must receive an 8-hour break
before returning to duty. If the 8-hour break runs into the employees next shift,
those hours are considered adjusted hours off.
Sergeants, agents, and officers shall not exceed a maximum of one hundred forty
(140) hours in a 14 day pay period. Any work beyond one hundred forty (140) hours
must be approved by the employee’s Lieutenant and Captain, and should rarely
occur only under extreme situations.
Sergeants and Lieutenants authorizing overtime in excess of the daily limit (16-
hours) and/or the bi-weekly limit (140 hours) shall send a short email to their
Lieutenant and Captain explaining the reason for the excess work.
It is the employee’s responsibility to monitor their hours and notify the supervisor
and/or watch commander of their hours worked when approaching the daily or bi-
weekly limits or being requested to work overtime.
(9) Shift Exchanges
Sergeants, agents, and officers may exchange work shifts with another employee of
the same rank. Agents and officers may be interchangeable if simply filling the role
of an officer on the schedule. Personnel must submit a shift exchange request form
to their supervisor and lieutenant. Shift exchanges require a lieutenant’s approval
except when short notice makes that impossible. Shift exchanges can only occur for
entire shifts, Shift exchange request forms must contain the pay back date for the
second half of the shift exchange. Both halves of the exchange must occur in the
same 28-day FLSA Cycle (refer to Yearly 4/11 patrol Schedule for FLSA Cycles).
Once an employee agrees to an exchange shift, he or she is responsible for that
shift. If he or she fails to show up for the shift and/or is sick, the time will be
30
deducted from his or her applicable leave balance to the extent the employee
qualifies for such deduction under the applicable leave policy. Failure to show up
for a shift may also result in disciplinary action.
(10) On-duty workout period and sign up:
When staffing allows and with supervisory approval, employees may workout on-
duty for a period of up to one (1)_hour. The hour shall include the work out, a
shower, and dressing time. Specific guidelines and conditions are outlined in the
Wellness Program Policy.
(b)Traffic Team
Sworn members of the Traffic Team shall work a ten-hour (10) day, four (4) day
workweek schedule.
Traffic Team officers/agents may be assigned as part of minimum staffing at the
discretion of management.
Effective July 1,2008, the Take Home Motor Program will be discontinued.
(c) Special Operation Sergeant/Crime Suppression Team
The Special Operations Sergeant and team members shall generally work a ten (10)
hour day, four (4) day workweek schedule. Given the nature of the team’s
assignment, it is anticipated and expected that their schedules should be flexible and
adapt to organizational needs.
(d) ISD and Other Sworn Classifications
All sworn personnel assigned to ISD, Staff Assistant, Personnel and Training and
Community Policing shall work a ten (10) hour day, four-day work week schedule.
(1)Work Schedule
The ten hours shall generally be worked between the hours of 0700 and
1900, with specific schedules subject to approval by appropriate supervisors.
The ten (10) -hour work schedule shall be worked within a period of ten
hours, with a working lunch period not to exceed thirty (30.) minutes. As an
alternative, with Management approval, the ten-hour work schedule may be
worked within eleven hours, with a one (1) hour unpaid lunch break.
Changing alternatives will require prior approval by Management.
(2) Work Week
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For ISD personnel, one-half of the Division will work Monday through
Thursday, while the other half will work Tuesday through Friday. All other
sworn personnel covered under Section 23 (b) & (c) will also work either
Monday through Thursday, or Tuesday through Friday.
(3)Late Detective Shift
Two detectives will be assigned on a rotational basis to the late shift from
1200 to 2200 to provide evening coverage. Assignment to the late detective
shift, where possible, will be by advanced sign up with each detective
selecting two weeks each quarter according to a protocol determined by
seniority, needs of the division and needs of the employee. Generally, there
will be one detective from each half of the division working the late detective
shift during each week.
(e)Forty-hour Training Schedule
For all sworn employees who attend training that is four (4)_or five (5) days in
duration (a week), their schedules will be adjusted from the normal work week.
Employees will not receive overtime during scheduled training as described here
unless it exceeds their normal forty (40) or forty-four (44) hour workweek.
Schedule adjustments will be documented in the notes section when making the
timekeeping system entries.
Section 24. Overtime Pay and Compensatory Time Off
(a)Overtime pay shall be provided at the rate of time and one-half of the employee’s
regular rate, including night shift differential, working out of classification pay, and
specialty assignment premium pay as defined under Section 7, 8 and 10.
(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 compensating for overtime, the time off will be taken prior to the end of
the quarter in which it is earned. All compensatory time balances shall be paid atthe
end of each quarter, with warrants issued in the first pay period of the new quarter.
Employees may request in writing to carry over up to 80 hours of compensatory time
from quarter to quarter. During the final calendar year quarter, employees who have
vacation accrual balances of less than two times their annual accrual rate, less 80
hours, may request in writing to convert up to 80 hours of unused compensatory time
to vacation per calendar year, to be transferred in the first pay period of the calendar
year
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(c)Employees called out to perform work, attend meetings or required training shall be
compensated for at least three hours pay for each occurrence at the appropriate
overtime rate.
Section 25. Overtime Sign-Up
(a)Planned Overtime. Planned overtime includes patrol staffing, special events,
traffic control functions or any other overtime needs which can be identified prior to
the 20th day of the preceding month. On or about the 20th of each month, watch
commanders will post a list of dates/shifts requiring overtime for the next month.
Officers, Agents, and Sergeants will be given a reasonable ~eriod of time to sign upfor the available overtime assignments. On or about the 25 of the month, planned
overtime will be filled from the sign up list using the rotational overtime call out list.
Agents may place themselves on the sign up list for supervisor overtime, however
will only be considered if no sergeant requests the shift.
Overtime that isn’t filled during the planned overtime process may be filled at
management’s discretion.
Employees assigned to a fixed work schedule such as ISD, P&T, and Staff Assistant
may adjust their work schedule with their manager’s approval in order to work a
planned patrol overtime assignment. This schedule adjustment must be completed
within the same work week as the planned overtime assignment. Schedule
adjustments will normally be approved unless there is a conflict with a previously
scheduled activity within the work unit or the schedule adjustment would be
disruptive to the operation of the unit. Employees bidding for planned overtime
requiring a shift adjustment must make a notation next to the assignment indicating a
shift adjustment would be necessary. Only one overtime shift requiring a shift
adjustment can be worked per work week.
(b)Unplanned Overtime. Unplanned overtime is overtime that wasn’t identified prior to
the 20tn of the preceding month. Unplanned overtime will be filled by the following
procedures.
1) The Watch Commander or Supervisor may request an employee extend their
shift or come in early. If a volunteer cannot be identified to hold over or come in
early, the rotational overtime list will be used.
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c)
2)Employees interested in working unplanned overtime will be placed on a
rotational overtime list in order of seniority. When an overtime shift is available, a
manager or supervisor will call the next person on the list. If that person declines
the opportunity, is not available, is already working, or takes the overtime, he/she
will be placed at the bottom of the list. The lists will be continually updated in
order to rotate the names. There will be separate lists for sergeants and
officers/agents for unplanned overtime. A separate supervisory list will be
maintained for agents interested in working supervisory overtime. Agents will be
offered supervisory overtime positions only if no sergeants have accepted the
opportunity.
3)If the watch commander or supervisor is unable to fill overtime through any of
these procedures, he or she may order an individual to extend their shift, come in
early, or come in on a day off. A log on those required to work mandatory
overtime will be kept in the overtime book. Mandatory overtime should be rotated
in order of reverse seniority.
Overtime Minimum. With regard to both planned and unplanned patrol team
overtime, there is no minimum number of hours. Planned overtime postings and
unplanned overtime will be offered for the actual number of hours needed, if small
blocks of overtime aren’t filled by on-duty personnel adding them to an existing shift,
managers may apply a 6-hour minimum to a shift for personnel coming in on a day
off.
(d)These overtime procedures may be reviewed and/or modified at the mutual
agreement of both management and PAPOA.
Section 26. 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 27. 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 (4) years - For employees completing less than four years continuous
service; (8) Shifts vacation leave per year.
34
(b)
(c)
Four, but less than nine years - For employees completing four, but not more than
nine (9) years continuous service; 12 Shifts vacation leave per year.
Nine (9), but less than fourteen (14) years - For employees completing nine (9), but
not more than fourteen (14) years continuous service; (16) Shifts vacation per year.
(d)Fourteen (14), but less than nineteen (19) years - For employees completing
fourteen (14), but not more than nineteen (19) years continuous service; (18) Shifts
vacation leave per year.
(e)Nineteen (19) or more years - For employees completing nineteen (19) or more
years continuous service; (20) Shifts vacation leave per year.
Example: An employee with less than four (4) years working a 4/10 Schedule will
receive eight (8) Shifts or eighty (80) hours of vacation. The same employee working
the 4/11 Schedule will receive eight (8) Shifts or eighty-eight (88) hours of vacation.
Section 28. 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.
35
(f)Vacation Cashout. Once each calendar year an employee may cash out eight or
more hours of vacation accrual in excess of 80 hours to a maximum of 120 hours,
provided that the employee has taken at least 80 hours as vacation in the previous
12 months.
Section 29. Vacation Pay at Termination
Employees leaving the municipal service with accrued vacation leave shall be paid the
amounts of accrued vacation to the date of termination. Payments for accrued vacation
shall be at the employee’s current rate of pay.
Section 30. 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 31. 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 32. 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 8 days 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).
(b)Eli_~ibility. 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)Us.....~e. 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
36
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.
(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 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.
(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.
37
(h)Payment for Accumulated Sick Leave. Employees hired before August 1, 1986
who leave the municipal service in good standing, orwho 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)Personal Business Leave Chargeable to Sick Leave. Up to 2 Shifts (20-Hours for
4/10 employees and 22-Hours for 4/11 employees) 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 may 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 33. 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
38
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)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 34 (b), (c), (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 34. 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
39
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)Leave of absence; death in immediate family. Leave of absence with pay of three
days shall 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, step-son, son-in-law daughter, step-daughter,
daughter-in-law, father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law,
grandmother, grandmother-in-law, grandfather, grandfather-in-law, grandchildren,
aunt, uncle, niece, nephew, 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.
Approval of additional leave will be based on the circumstances of each request with
consideration given to the employee’s need for additional time off.
(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 35. 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 the bargaining unit 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.
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Section 36. Agents
The number of Agent positions shall be governed by the August 12, 1981, Arbitration
Award.
Section 37. Commute Incentives and Parking in Civic Center Garage
Commute Incentives--Represented employees who qualify may voluntarily elect
one of the following commute incentives:
Public Transit. The City will provide monthly Commuter Checks worth the value
of:
$40 for employees traveling three or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train, or
a commuter highway vehicle;
$35 for employees traveling less than three zones on Caltrain;
$35 for employees using VTA and other buses.
These vouchers may be used toward the purchase of a monthly transit pass.
Carpool. The City will provide carpool vouchers worth the value of $30 per month
to each eligible employee in a carpool with two or more people. These vouchers
may be used at designated service stations toward the purchase of fuel and other
vehicle-related expenses.
Vanpool Program. The City will provide Commuter Checks worth the value up to
$60 to each employee voluntarily participating in the Vanpool Program. These
vouchers may be used toward payment of the monthly cost. Employees must
fulfill the basic requirements of the Employee Commute Alternatives Program to
qualify.
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.
41
Parking in the Civic Center Gara_cle--Employees assigned to Civic Center and
adjacent work locations will be provided with 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.
Section 38. 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 duty immediately with pay 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 disciplinary action;
(2)Effective date of the action;
(3)Statement of the cause thereof;
(4)Statement in ordinary and concise language of the art or the 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.
42
(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)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.
For the purpose of these sections, the time starts from the time of action following
the Skelly process (day discipline is imposed).
Written requests for the sealing of disciplinary actions should be directed to the
Personnel and Training Coordinator.
Sealing shall include all memos, letters, correspondence, complaint forms, and 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,
application for other employment, or against any other action the employee maytake
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
43
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 39. 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 from restraint,
interference, coercion, discrimination or reprisal.
(b)Definition. A Grievance is:
(1)An unresolved complaint or dispute regarding the application or interpretation of
rules, regulations, policies, procedures, Memoranda of Agreement, or City
ordinances or resolutions, relating to terms conditions of employment, wages or
fringe benefits.
(2)An appeal from a disciplinary action of any kind against an employee covered by
this Memorandum of Agreement.
(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 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.
(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.
44
(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.
~ 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 II. 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.
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.
45
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 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.
46
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 40. Bulletin Boards and Telephones
The Association shall have access to existing bulletin boards in Unit employee work areas
and to the City e-mail and voice mail systems 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. Emails sent for Association business shall be copied to the
Human Resources Director at distribution.
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.
Section 41. 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 42. 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 43. Voluntary Leave Program:
47
(a)The City of Palo Alto has established a Peace Officer Voluntary Leave Program to
provide members of the Palo Alto Peace Officers’ Association, Incorporated
(hereafter referred to as "PAPOA") the opportunity to donate their accrued vacation
time to assist fellow members of PAPOA either due to: (a) an employee’s own
verifiable non-industrial catastrophic illness or injury (as defined herein) or (b) in
order to care for a member of the employee’s immediate family (spouse, child,
parent or registered domestic partner suffering from a verifiable catastrophic illness
or injury) and have exhausted or will presently exhaust all of their paid leave.
In order to be eligible to receive donated leave, an employee must have a
catastrophic illness or injury or an employee’s immediate family member must have
a catastrophic illness or injury that requires the employee to provide full-time care
for this family member. Care will be taken to emphasize the voluntary nature of the
plan and to insure confidentiality of employee participants and medical conditions
(where applicable).
A Peace Officer Voluntary Leave Sharing Program has been established to accept
donations of vacation in accordance with the Program’s guidelines. All donations
shall be:
1.Voluntary
2.Irrevocable
3.Confidential, unless disclosure is required by law
4.In whole hour increments of at least (4) hours, with hours donated being
converted to donee hours based on the donee’s salary rate (so that there will be
no cost to the City due to salary differential)
5. The employee shall be required to exhaust all other types of leave to request
donated leave
6. It is understood that employees seeking or receiving leave under this program
will apply for long-term disability benefits for which they may be eligible
Where any of the period during which an employee receives donated leave is
designated as family leave under the California Family Rights Act (CFRA) or
Family Medical Leave Act (FMLA), the employee will be eligible for continuation
of medical and other available benefits during that family leave period (for up to
12 weeks), in accordance with the requirements of those laws. if the employee
receiving donated leave is not eligible for CFRA/FMLA benefit continuation, or
after the employee has exhausted the available CFRA/FMLA leave period, the
employee will need to pay the premiums for continued medical and other
available benefits if the employee chooses to continue such coverages through
the City.
8. If the donation request is based on the need for an employee to care for an
immediate family member, as defined above, the family member must require
full-time care by the employee. Certification of this requirement by a health care
professional is required.
48
9. The maximum donated time a donee may receive is 12 months (if available).
10.Applications to donate leave or receive leave under this Program are made to
the Human Resources Department.
11.This is a pilot program and is subject to cancellation by either party.
PAPOA members interested in donating leave or in applying to receive donated
leave shall complete forms provided by the Human Resources Department. If an
applicant for leave is found to meet the criteria set forth herein, Human Resources
will determine the availability of and (as applicable) allocation of donated paid leave.
Payroll will be notified in writing of the number of hours to be deducted from each
donating employee’s vacation balance and transferred to the donee employee(s).
(b) The City reserves the right to modify or terminate this program at any time.
(c)Catastrophic Illness or Injury (also referred to as "medical emergency" in Revenue
Ruling 90-29 and Sections 801(c) and 812 of the Merit Rules and Regulations): A
non-occupational medical condition of an employee that will require the prolonged
absence of the employee from duty and which will result in a substantial loss of
income to the employee because the employee will have exhausted all paid leave
available apart from the Voluntary Employee Leave Sharing Program. Non-disability
postpartum leave as referenced in Merit Rule 801(b) shall not be considered a
catastrophic illness or injury under this policy.
(d)Nothing in this section precludes an Association member from utilizing or
participating in the City’s Voluntary Employee Leave Sharing Program.
Section 44. 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.
(e)Staffing for the University Avenue Street Fair will consist of no less than a 1:1 ratio of
regular officers to reserve officers.
49
Section 45. Overtime Meals for Investigative Services Division
Effective July 1,1996, for ISD personnel who are working authorized investigative overtime
extending 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 46. Hiring Incentives
Qualified lateral officers, who have a current basic or higher POST certificate, hired during
the term of this agreement may upon City Manager approval:
(a) Accrue vacation leave at a beginning rate equal to the rate they were earning at their
previous employer, subject to a maximum of 160 hours per year with progression to higher
accrual rates as provided in Section 27, Vacation Accrual; and
(b) Begin their employment with the City with a sick leave balance not to exceed 96
hours.
(c) Receive a $10,000 hiring incentive to be paid according to the following conditions
and schedule: $5,000 upon completion of the first year of employment; $2,500 upon
completion of the second year of employment; and $2,500 upon completion of the third
year of employment.
(d) Laterals returning to the Palo Alto Police Department must have been separated from
the City for a minimum of 2 years to be eligible for this incentive program.
(e) Based on years of service, level of experience, and educational achievement,
experienced lateral officers may receive a starting salary at any appropriate level within the
"Police Officer" classification as deemed appropriate by the City Manager on
recommendation of the Chief of Police.
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
50
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)Prior Agreements & Side Letters: Upon Implementation of this agreement, all prior
agreements and side letters become null and void. In any instance where internal
department polices and/or practices are in conflict with this agreement, this
agreement shall take precedence.
(f)During the term of this Memorandum of Agreement, Management may propose
certain changes in the City Merit System Rules and regulations. With regard to such
changes which pertain to the representation unit, the parties agree to review, and
upon request, meet and confer regarding the changes.
(g)During this agreement, the parties agree to look at the feasibility of implementing an
IRS Section 125 pre-tax medical flexible spending plan for eligible un-reimbursed
medical, dental, and vision costs.
(h)During the term of this agreement, representatives of PAPOA will meet with
Management to develop the terms and conditions of a legally compliant promotional
probationary period for newly promoted agents and sergeants. The probationary
period shall end 12 months from the date of promotion. Failure to successfully
complete the promotional probationary period will result in the promoted employee
returning to the previously held rank. The terms and conditions of the promotional
probationary period to be jointly developed will include but not be limited to training
during the probationary period, performance standards, evaluation process,
remedial, programs, and protection against misuse of promotional probationary
period as a disciplinary measure.
51
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
Except as expressly and specifically provided otherwise herein for the retroactive
application of a specific provision(s), this Memorandum of Agreement shall become
effective upon ratification by both parties hereto and remain in effect through June 30,
2010.
EXECUTED:
FOR:
PALO ALTO PEACE OFFICERS’
ASSOCIATION
FOR:
CITY OF PALO ALTO
Scott Wong Frank Benest
Ron Watson
Donna Arndt
Wayne Benitez
Russ Carlsen
Darrell Murray
Lynne Johnson
52
Robert Parham
Dennis Burns
Doug Keith
Sandra Blanch
David Ramberg
Donald Larkin
Barbara Teixeira
53
NOT YET APPROVED
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING THE COMPENSATION PLAN FOR POLICE NON-
MANAGEMENT PERSONNEL AND RESCINDING RESOLUTION
NOS. 8244, 8253, 8346 AND 8498
The Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Pursuant to the provisions of Section 12 of Article III of the Charter of
the City of Palo Alto, the Compensation Plan for Police Non-Management Personnel, as set forth
in Exhibit "A" attached hereto and incorporated herein by reference, is hereby adopted for sworn
police non-management (PAPOA) personnel effective June 1, 2007 through June 30, 2010..
SECTION 2. The Compensation Plan 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 until amended or
revoked by the Council.
SECTION 4. The Director of Administrative Services hereby is authorized to
implement the Compensation Plan adopted herein in preparation of forthcoming payrolls. The
Director of Administrative Services is further authorized to make changes in the titles of
employee classifications identified in the Table of Authorized Personnel contained in the 2006-
2008 budget if such titles have been changed in the Compensation Plan.
SECTION 5. Resolution nos. 8244, 8253, 8346 and 8498 are hereby rescinded.
//
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071212syn0120269 ATTACHMENT B
NOT YET APPROVED
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:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk
APPROVED AS TO FORM:
Mayor
APPROVED:
Assistant City Attorney City Manager
Director of Administrative
Services
Director of Human Resources
071212 syn0120269
2
EXHIBIT "A"
CITY OF PALO ALTO
COMPENSATION PLAN
POLICE EMPLOYEES
EFFECTIVE: Pay period including July 1, 2007 through June 30, 2010
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Police Department
SECTION I. SALARY
A.Salary Range Tables.
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.
1.Effective with the pay period beginning July 1, 2007, a 3.5% increase will be applied to
the salary ranges-of all represented classifications.
2.Effective with the pay period including July 1, 2008, a 3.5% increase will be applied to
the salary ranges of all represented classes.
3.Effective with the pay period including July 1, 2009, a 3.5% increase will be applied to
the salary ranges of all represented classes.
B.Market Ad iustments
The parties adopt the following market adjustments in order to restore and maintain the City’s
ability to compete for sworn law enforcement personnel in the tight labor market that currently
exists and that is anticipated to persist in the near and intermediate term.
Effective with the pay period including July 1, 2007 the salary ranges of the Police Officer
and Police Agent classification as increased pursuant to Section 1.a.1 above, shall be
further increased by 4.0% of the base rates in effect for the respective classifications as of
June 1, 2007.
Effective with the pay period including July 1, 2007 the salary range applicable to the
Sergeant classification, as increased pursuant to Section 1.a.1 above, shall be further
increased by 5.0% of the rates in effect for the Sergeant classification as of June 1, 2007.
o Effective with the pay period including July 1, 2008 the salary ranges of all represented
classifications, as increased pursuant to Section 1.a.2 above shall be further increased by
5% of the base rates in effect fir the respective classifications as of June 1, 2008.
2
Do
o Effective with the pay period including July 1, 2009 the salary ranges of all represented
classifications, as increased pursuant to Section 1.a.3 above, shall be further increased by
2.5% of the base wage rates in effect for the respective classifications as of June 1, 2009.
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 on 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 adjustment 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."
Salary Steps & Ranges O~ligibility)
New officers attending the basic police academy will be compensated at the "Police Trainee"
level.
Eo
Academy Graduates and Lateral Officers with less than two years experience will be
compensated at the "Police Officer .... Step 3" Level.
Jr. First Class Exam: Officers become eligible to take the exam anytime after they complete
the Field Training Program. However, the pay increase will not become effective until they
have successfully completed the test and have been with the department for a year from the
academy graduation (Laterals a year from hire date). The pay increase for Jr. First Class is
compensated at the "Police Officer" "Step 4" level (Approximate 5% Increase).
First Class Exam: Officers become eligible to take the exam any time after they have
successfully completed the Jr. First Class Exam. However, the pay increase will not take
effect until one year from the date of the merit increase for the Jr. First Class exam. (Lateral
officers’ pay increase may be effective one year from the date of hire) The pay increase for
First Class is compensated at the "Police Officer .... Step 5" Level (Approximate 5% Increase.)
POST Certificate/Incentives
Basic POST: Officers become eligible upon completion of their probationary period. The
certificate must be obtained within 18 months of hire date. (No Salary Increase.)
Intermediate POST: Officers are eligible based on a combination of years of service and
education as follows:
1.Two years and a bachelor’s degree
2.Four years and an associate degree or 45 training credits and 45 educational credits.
3.Six years and 30 training credits and 30 educational credits.
4.Eight years and 15 training credits and 15 educational credits.
The pay increase for Intermediate POST Certificates is compensated at the "Police
Officer~nter" level. (Approximate 5% Increase.)
Advanced Post: Officers are eligible based on a combination of years of service and
education as follows:
1.Four years and a master’s degree.
2.Six years and a bachelor’s degree.
3.Nine years and an associate’s degree or 45 training credits and 45 educational credits.
4.Twelve Years and 30 training credits and 30 educational credits.
The pay increase for Advanced POST Certificates is compensated at the "Police Officer/Adv"
Level. (Approximate 2.5% Increase.)
Training credits are computed as one credit for every 20 hours of approved course.
Education credits are equivalent to 1 point for each semester unit from an accredited
college/university or 213 of a point for each quarter unit.
Military time may be used for service time as approved by POST on a case-by-case basis.
Officers are responsible for contacting Personnel & Training in order to arrange taking tests
and application for POST Certificates.
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.
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Overtime Pay and Compensatory Time Off
Overtime pay shall be provided at the rate of time and one-half of the employee’s regular rate,
including night shift differential, working out of classification pay and specialty assignment
premium pay as defined under D below.
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 quarter in which it is earned. All
compensatory time balances shall be paid at the end of each quarter, with warrant issued in the
first pay period of the new quarter. Employees may request in writing to carry over up to 80
hours of compensatory time form quarter to quarter. During the final calendar year quarter,
employees who have vacation accrual balances of less than two times their annual accrual rate,
fewer 80 hours, may request in writing to convert up to 80 hours of unused compensatory time
to vacation per calendar year, to be transferred in the first pay period of the calendar year.
Employees called out to perform work, attend meetings or required training shall be
compensated for at least three hours pay for each occurrence at the appropriate overtime rate.
Working Out of Classification
Officers, Agents and Sergeants working out of class for a period of two or more consecutive
pay periods (28 days) shall be compensated with the following premium pay:
Officers and Agents working as an Acting Sergeant: 7% of base pay.
Sergeants working as an Acting Lieutenant: 10% of base pay.
Agents, and Sergeants fulfilling the role of an Acting Sergeant and/or an Acting Lieutenant for
individual shifts and/or a number of hours within a shift, shall not receive additional
compensation. Periodically working in this capacity shall be deemed a basic duty within an
employee’s job description.
Night Shift Differential
1.Night shift differential shall be paid at the rate of 5% to all FSD personnel for all hours
worked between 6:00 p.m. and 8:00 a.m.
°All employees covered under Section 22 (c) of the Memorandum of Agreement between
the City of Palo Alto and PAPOA working a regular shift between 7:00 a.m. and 7:00
p.m. shall receive 5% night shift premium for hours worked between 7:00 p.m. and 7:00
aomo
Vacation and administrative leave pay for employees who regularly work night shifts shall
include appropriate night shift premiums, relating to night shift hours regularly worked.
Shift adjustment hours for employees who regularly work the 4-11 work schedule shall include
the appropriate night shift premium based on the percentage of usual night shift hours worked
to regular hours.
D.Special Assignment Premium Pay
Effective with the pay period including July 1, 2001, biweekly premium pay for employees
assigned to the indicated specialties will be as follows:
Field Training Premium: 5% of base pay per pay period.
Applies to management-assigned Officers and Agents and Traffic Team members during
each pay period in which they provide training to police recruits, Community Service
Officers or Level 1I reserve officers who are working on their Level I certificate. Applies to
management-assigned FrO Sergeants during each pay period in which they supervise
assigned FFO Officers or Agents who are actively training police recruits, Community
Service Officers or Level 11 reserve officers who are working on their Level I certificate.
K-9 Program Premium:
Effective January 1, 2008, K-9 Officers/Agents shall receive 5% of base pay per pay period
to compensate for the time spent by the K-9 Officer/Agent outside regularly scheduled
work hours to feed, groom, house, exercise, attend to the medical and dental needs of and
otherwise maintain the dog. Effective January 1, 2008, the policy previously in effect
governing K-9 Officer/Agent compensation for such activities shall terminate.
Court Liaison Premium: 5% of base pay per pay period.
Applies to Court Liaison Officer or Agent during period of active assignment.
Bilingual Premium: 5% of base pay per pay period.
Applies to representation unit employees certified by management as proficient in Spanish
and such other languages as determined by management.
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.
Public Transit. The City will provide monthly Commuter Checks worth the value
of:
$40 for employees traveling three or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train or a
commuter highway vehicle;
$35 for employees traveling less than three zones on Caltrain;
$35 for employees using VTA, and other buses.
These vouchers may be used toward the purchase of a monthly transit pass.
Carpool. The City will provide carpool vouchers worth the value of $30 per month
to each eligible employee in a carpool with two or licensed drivers. These vouchers
may be used a designated service stations toward the purchase of fuel and other
vehicle-related expenses.
Vanpool Program. The City will provide Commuter Checks worth the value up to
$60 to each employee voluntarily participating in the Vanpool Program. These
vouchers may be used toward payment of the monthly cost. Employees must fulfill
the basic requirements of the Employee Commute Alternatives Program to qualify.
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.
F.Tuition and Professional Equipment Reimbursement
Effective July 1, 2001, the City will reimburse up to $1,000 per fiscal year for tuition,
curriculum fees, the purchase of work-related books, periodicals, professional association
memberships, job-related computer software, hardware; and related peripherals and
accessories, software upgrades, dial up or high-speed internet access, routers,
telecommunication equipment and home office equipment furniture. 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.
An employee will not be reimbursed for the cost of a desktop or laptop computer in
consecutive fiscal years. An exception may be made if, in the opinion of the Personnel and
Training Coordinator, the employee shows good cause for why such purchase should be
allowed (e.g. reported theft, documented breakage, etc.) If an employee terminates within one
hundred and eighty (180) days after making a purchase for which the City reimburses the
employee under this provision, the amount of that reimbursement shall be recovered by the
City and may be deducted from the employee’s final paycheck. Exceptions to the 180 day
reimbursement provision may be approved with the concurrence of the Chief of Police and the
Human Resource Director.
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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; such meals, lodging, and mileage are reimbursable
under tuition reimbursement subject to the maximum amount of $1000 and subject to POST
procedures.
Representation unit members may use tuition reimbursement to attend job-related training
during on duty time only if approved by management. If representation unit members wish to
attend training on scheduled work days, alternate work days may be granted by Management
when staffing allows.
Court Pay
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. During scheduled shift, or Straight time None
immediately during shift;
preceding or following Time and one-
a shift,half for periods
before or after
scheduled shift
3. Appearance on Time and one-
a scheduled work day half
by employees of Team # 3
2 hours (2 hr.
min. may not run
into shift time)
8
(prior to 12 p.m.)
4.Appearance on a scheduled
work day by employees
of Team # 4 or Team # 5.
Time and one-3 hours
half
5. All other court appearances Time and one half 2 hours
Uniforms
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 cotton or two synthetic fiber turtleneck shirts,
(5) hat, (6) duty jacket with patches, (7) dress jacket with patches, (8) necktie, and (9) rain
gear.
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.
3. The City shall provide uniform cleaning for sworn representation unit personnel.
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.
The City shall reimburse employees for the full cost of job-related boots upon verification
of such purchase by the employees. The City will make the reimbursement only upon
proof that the previous boots have become unserviceable due to wear or damage. (Job-
related boots shall mean well-constructed, high topped boots that provide full ankle and
foot support, which are selected from list agreed to by Management and the Association.)
Employees are responsible for the full cost of any low-top, black shoes that are worn with
the uniform.
Retention/Career Incentive Program
On July 1, 2007 the City will initiate a Retention/Career Incentive Program. This program
will provide special compensation in the form of premium pay at various levels as
employees reach different career milestones.
Effective with the pay period including July 1, 2007 employees shall receive the
following special compensation;
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All employees with more than 5 years of service shall receive special compensation in the
form of retention pay at 3% of straight time base pay.
Effective with the pay period including July 1, 2008 employees will receive the following
special compensation;
More than 5 years service, but less than 10 years shall receive special compensation in the
form of retention pay at 3% of straight time base pay.
More than 10 years service shall receive special compensation in the form of retention
pay at 6% of straight time base pay.
As an incentive to recruit and hire lateral law enforcement personnel from other agencies,
the following shall apply. At the Chiefs discretion, up to 5 years of full time law
enforcement service may be counted towards the years of service outlined above.
Once this program is fully implemented on July 1, 2008 the language for the previous
year (July 1, 2007) can be removed from this section as it will no longer apply.
Special Compensation/Retention Pay outlined in the Retention/Career Incentive Program
shall be deemed PERSable for the purpose of income and retirement however will not be
a factor when calculating overtime compensation.
Performance Improvement Plans (Retention Incentive Disqualification)
Employees on a Performance Improvement Plan will not receive compensation under the
Retention/Career Incentive Program. Employees will be removed from the
Retention/Career Incentive Program in the pay period following the implementation of
the Performance Improvement Plan. Employees will begin receiving Retention/Career
Incentive Compensation in the pay period after the successful conclusion of the
Performance Plan.
SECTION III. GROUP INSURANCE
For newly hired regular employees coverage begins on the first day of the month following date of
hire for the health plan, dental plan, vision care plan, employee assistance program and life insurance
plans if these benefits are elected.
1.PEMCHA Health Plan
Benefits will be provided in accordance with provision of the PEMCHA Health Plans.
Monthly City-paid premium contributions for an employee-selected PEMCHA optional plan
will be made to the maximum amount indicated in each category below through June 30, 2010.
Effective July 1, 2007, the city will pay up to the monthly medical premium for the 2nd most
expensive plan among the existing array of plans. Those employees currently in the most
expensive medical plan (PERSCare) as of June 30, 2007 will be permitted to remain in said
plan at full City paid expense until the end of the calendar year 2007, at which time they will
be afforded the opportunity to change medical plans during the open enrollment period
between Sept. 17 to Oct. 12t~, 2007. If said employee(s) wishes to remain in the PERSCare
plan, the difference between the PERSCare plan and the monthly medical premium for the 2nd
most expensive medical plan will be paid by the employee. If CalPERS changes the plans it
offers, the City and the Association will meet and confer over the City continuing to provide
an equivalent benefit at an equivalent cost.
Eligible Active
Employees
Number of Parties
Covered
Employee Only
Employee Plus One
Employee Plus Two or
more
Monthly city Contributions
Premium for plan selected
Not to exceed the second most
expensive plan
Premium for plan selected
Not to exceed the second most
expensive plan
Premium for plan selected
Not to exceed the second most
expensive plan
For those members who are enrolled in either the PORAC or PERS Choice health plan, the
City agrees to continue to reimburse the employee out-of pocket expenses that exceed the
PERSCare annual maximum co-payment responsibility during the term of this contract. For
calendar year 2007, those maximum co-payments are $2000 per plan member, or $4000 per
family. This medical incentive plan allows Association members and dependents to submit
eligible expenses incurred that exceed $2000 per member and/or $40000 per family for
covered services received from a preferred provider to the Human Resources Department for
reimbursement.
a.Active Employee Domestic Partners
Active employee domestic partners whose domestic partnership is registered with the
State of California will be eligible for medical benefits under this section. Active
employee domestic partners whose domestic partnership is not registered with the State,
but 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 maximum monthly premium cost of individual coverage under the
PEMHCA health plans. Evidence of premium payment will be required with request for
reimbursement.
bo Alternative Medical Benefit Program
If a regular employee and/or the employee’s dependent(s) are eligible for medical
insurance through another employer-sponsored or association-sponsored medical plan,
the Employee may opt for the alternative medical insurance coverage through the other
employer-sponsored or association-sponsored medical plan and waives his/her fight to
the City of Palo Alto’s medical insurance coverage for same individuals. Employees
electing alternative coverage through the other empl0yer-sponsored or association-
sponsored medical plan and waives his/her fight to the City of Palo Alto’s medical
insurance coverage for same individuals. Employees electing alternative coverage and
no City coverage will receive cash payments of approximately one-half of the "averaged
monthly premiums" for their medical insurance coverage. "Averaged monthly
premiums" are the average of the Kaiser HMO, Blue Shield HMO and PERS Choice
PPO premiums for the employee’s City medical coverage through the California Public
Employee Retirement System (CalPERS.)
The rates for 2007 are as follows:
One Party:$230.00
Two Party:$460.00
Family:$595.00
For 2008, the rates are as follows:
One Party:$250.00
Two Party:$500.00
Family:$645.00
The Alternative Medical Benefit Program rates for subsequent years covered by this
Agreement will be determined when CalPERS formally announces the health plan rates
applicable for the year in which they are to apply.
2.Dental Insurance
ao 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. Dental Coverage shall include
composite (tooth colored) fillings for all teeth.
bo Effective beginning July 1, 2007, the City will provide a 50% of reasonable charges, $2000
lifetime maximum orthodontic benefit for representation unit employees and their
dependents.
Co Dental implants in conjunction with one or more missing natural teeth, and removal of
dental implants will be covered as a Major Dental Service at 50% usual, customary and
reasonable (UCR).
Vision Care
The City will offer vision care coverage for employees and dependents. Coverage is
administered by Vision Service Plan (VSP). The plan provides an exam every 12 months;
lenses every 24 months; frames every 24 months, all subject to a $20 co-payment as defined in
the Vision Services Benefits Plan A schedule. Dependents will include domestic partners as
defined under Section 1.a
Life Insurance
The City shall provide a basic group term life insurance with Accidental Death and
Dismemberment (AD&D) coverage, in an amount equal to the employee’s annual basic pay
(rounded to the next highest $1,000) at no-cost to the employee. AD&D pays an additional
amount equal to the employee’s annual basic pay (rounded to the next highest $1,000)
An employee may, at his/her cost, purchase additional life insurance and additional AD&D
coverage equal to his or her annual salary. The maximum amount of life insurance available to
the employee is up to $325,000 and the maximum amount of AD&D coverage available is up
to $325,000.
5.Employee Assistance Plan
The Employee Assistance Plan (EAP) provides employees with confidential personal
counseling, work and family related issues, eldercare, substance abuse, etc. In addition, EAP
programsprovide a valuable tool for supervisors to refer troubled employees to professional
outside help. This service staffed by experienced clinicians is available to employees and their
:1.3
dependents by calling a toll-free phone line 24 hours a day, seven days a week. Guidance is
also available online.
In addition, the psychological counseling program currently in effect shall be continued. The
program shall provide 24-hour emergency counseling by independent professional consultants.
6.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.
SECTION IV. LEAVES
Specific information regarding team and field assignments can be found in the PAPOA
Memorandum of Agreement.
1.. Vacation
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.
ao Less than four years- For employees completing less than four years continuous service;
8 shifts vacation leave per year.
bo Four, but less than nine years - For employees completing four, but not more than nine
years continuous service; 12 shifts vacation leave per year.
C°Nine, but less than fourteen years - For employees completing nine, but not more than
fourteen years continuous service; 16 shifts vacation per year.
do Fourteen, but less than nineteen years- For employees completing fourteen but not more
than nineteen years continuous service; 18 shifts vacation leave per year.
eo Nineteen or more years- For employees completing nineteen or more years continuous
service; 20 shifts vacation leave per year.
2.Sick Leave
o
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.
ao 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.
Holiday Pay
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.
bo Except for those employees covered under (c) below, 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.
do
Effective with the pay period including July 1, 2007, employees shall not receive paid
holidays, but in lieu thereof shall receive 4.62 hours straight time pay, while in a pay
status, to a maximum payment of 120 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 status and will be paid
semi-annually in June and December. If time off is elected under this provision, such time
off may be taken to the maximum of current accrual balances and subject to management
scheduling approval.
The following pertains only to represented employees working eight-hour, five-day or
9/80, or non-Field Services 4/10 assignments.
(1)All such employees shall have the following days off with pay, subject to (a) and (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
15
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 (d) above 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 fight 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.
Leave of Absence with Pay
ao 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 shall not be considered a fee and shall be
retained by the employee.
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.
Co Bereavement Leave
Leaves of absence with pay of three shall 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, step-son, son-in-law, daughter, step-
daughter, daughter-in-law, father, step-father, father-in-law, mother, step-mother, mother-
in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law, grandmother,
grandmother-in-law, grandfather, grandfather-in-law, grandchildren, aunt, uncle, niece,
nephew, 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.
Jury Duty
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 V. RETIREMENT
1."3% at 50" Safety Retirement
The current Public Employees’ Retirement System (PERS) benefits, known as the "3 percent
at 50" Retirement Formula per California Government Code §21362.2, shall continue in
effect.
Employees in all represented classes will make PERS member contributions by payroll
deduction. With employees paying their own contributions, the City will provide for member
contributions to be made as allowed under the provisions of IRS Code §414(h) (2).
Effective with the pay period including 7/1108, the City will begin paying the Employees 9%
PERS Contribution with a simultaneous offsetting wage reduction.
The wage reduction shall be calculated by dividing an employee’s salary prior to the July 1,
2008 pay period increase by 1.09 to get the new reduced hourly rate (Example $48.22 divided
by 1.09 equals $44.24). The salary increase effective in the pay period including July 1, 2008
will be applied to the reduced hourly rate.
Effective with the pay period including 7/1108, the City will contract with PERS to provide
"Reporting the Value of Employer Paid Member Contributions as Compensation in
Employee’s Final Compensation Period by Contract Amendment (Government Code Section
20615.5).This amendment will make the 9% Employee Contribution PERSable as "Special
Compensation in the final year of employment." These payments shall be made on a tax
deferred basis, in accordance with Section 414(h) (2) of the Internal Revenue Code.
2.1959 Survivor Benefit
The City will continue to provide the basic level (Level 1) of 1959 Survivor Benefit to eligible
employees in accordance with California Government Code §21571.
3.Military Service Credit.
City will amend its contract with the Public Employees’ Retirement System to provide for
Section 20930.3, Military Service Credit as Public Service.
17
4.Retirement Privileges
o
All retired employees and spouses of deceased employees shall have residential privileges at
City libraries; refuse disposal area, golf course, and swimming pools.
PERS Status While in Basic Academy.
While an employee is attending Basic Academy, he or she shall participate in the City’s
PERS Miscellaneous Employee retirement plan (2.7% at 55 formula), with the same
employee and employer contribution rates as applies to Miscellaneous City employees
represented by SEIU (classified unit). When the employee successfully completes Basic
Academy and is sworn in by the Police Chief, he or she shall prospectively participate in the
PERS Safety Employee retirement plan (3 % at 50 formula).
Deferred Compensation - One Time Payment
In the pay period including January 15, 2008, the City shall make a one time $600.00
contribution to each member’s deferred compensation account not to exceed a total
expenditure of $50,400. This payment will be made to all members of record on September
30, 2007 and any new members hired prior to December 15, 2007. To receive the payment,
each member, as outlined above, must be employed with the City at the time contribution is
made. If the POA is unable to have all members open a deferred compensation account by
December 31, 2007, the $600.00 will be paid out as a one time wage payment in the pay
period including January 15, 2009.
Retirement Medical Plan
a. Retiree Medical Coverage - Employees hired before January 1, 2006:
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
for employees that retire on or before December 31, 2007. Effective January 1, 2008, for an
employee retiring on or after that date, the City will pay up to the monthly medical premium
for the 2net most expensive plan among the existing array of plans during the Agreement term.
If PERS changes the plans it offers, the City and the Association will meet and confer over the
City continuing to provide an equivalent benefit at an equivalent cost.
For 2007 calendar year, the City’s contribution toward dependent coverage is 70% of the
difference between the applicable "Employee and One Dependent" or "Family" maximum
employer contribution for active Association employees and the maximum employer
contribution for "Employee Only" coverage. For 2008 calendar year the City’s contribution
will increase to 75%. This contribution for dependents will increase annually by 5% of the
difference between the single party premium and the two party or family premium, until such
time as the premium of the affected dependent(s) is fully covered.
b. Retiree Medical Coverage - Employees hired on or after January 1, 2006:
The CalPERS vesting schedule set forth in Califomia Government Code §22893 will apply to
all Association members hired on or after January 1, 2006. Under this law, an employee is
eligible for 50% of the specified employer health premium contribution after ten (10) years of
service credit, provided at least five (5) of those years were performed with the City of Palo
Alto. After ten (10) years of service credit, each additional year of service credit will increase
the employer contribution percentage by 5% until, at twenty (20) years’ service credit, the
employee will be eligible upon retirement for 100% of the specified employer contribution.
However, the maximum contribution for family members will be 90% of the specified
employer contribution. Notwithstanding any other term of this section, the City ofPalo Alto’s
health premium contribution for employees hired on or after January 1, 2006 will be the
minimum contribution set by CalPERS under California Government Code §22893 based on
a weighted average of available health plan premiums.
c. During the term of this agreement, if CalPERS no longer offers the PORAC health plan
and, as a result, an affected retiree enrolls in an alternative CalPERS health plan, the City will
reimburse or provide insurance to such retiree or his or her dependents for the documented
medical expenses incurred that exceed the two million ($2,000,000) lifetime maximum, if
any, provided that such expense would have otherwise been covered and paid by the health
plan. Such reimbursement shall be made once per fiscal year.
For those member retirees who retire after July 1, 2007 who are enrolled in either the PORAC
or PERS Choice health plan, the City agrees to reimburse the retiree’s out-of-pocket expenses
that exceed the PERSCare annual maximum co-payment responsibility through June 30, 2010.
For calendar year 2007, those maximum co-payments are $2000 per plan member, or $4000
per family. This medical incentive plan allows Association retirees and dependents enrolled in
either the PORAC or PERS Choice medical plans to submit eligible expenses incurred that
exceed $2000 per member and!or $4000 per family for covered services received from a
preferred provider to the Human Resources Department for reimbursement. The maximum
aggregate amount the City shall pay out in any fiscal year under this paragraph for un-
reimbursed out of pocket expenses shall be ten thousand dollars ($10,000).
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July 1,200-1-7- June 30, 20071__0_0
Dear City Employee:
The Memorandum of Agreement contained herein has been negotiated between the Palo
Alto Peace Officers’ Association and the City of Palo Alto. We hope you will keep this
Memorandum of Agreement for reference as needed and familiarize yourself with its
contents.
HUMAN RESOURCES DEPARTMENT
City of Palo Alto
250 Hamilton Avenue
Palo Alto, CA 94303
(650) 329-2588
PALO ALTO PEACE OFFICERS’
ASSOCIATION
P. O. Box 51541
Palo Alto, CA 94303
(650) 329-2406
ATTACHMENT C
TABLE OF CONTENTS
Section 1. Recognition
Section 2. No Discrimination
Section 3. Association Security
Section 4. Payroll Deduction
Section 5. No Strikes
Section 6. Probationary Period
Section 7. Salary Provisions
Section 8. Night Shift Differential
Section 9. Paid Holidays
Section 10. Working Out of Class Pay
Section 11. Retention/Career ~ Incentive Program
Section 12. Tuition and Professional Equipment Reimbursement
Section 13. Dependent Care Assistance Program
Section 14. Court Pay
Section 15. Health
Section 16. Dental Benefits
Section 17.
Section 18.
Section 19.
Section 20.
Life Insurance Benefits
Effective date of Coverage for New Employees
Retirement Benefits
Retirement Medical Plan
1
1
2
2
2
2
3
98
98
~14~10
-1411
-l~12
-1~13
-I~13
~18t5
2017
~--~-1-18
L~-~18
~21
Section 21.
Section 22.
Section 23.
Section 24~.
Section 258.
Section 267.
Section 278.
Section 289.
Psychological Counseling Program
Uniforms
Work Schedule
Overtime Pay and Compensatory Time Off
Overtime Sign-Up
Jury Duty
Vacation Accrual
Use of Vacation
Section 29~30. Vacation Pay at Termination
Section 30-% Vacation Benefits for Deceased Employees
Section 312. Effect of Extended Military Leave
Section 32~?~. Sick Leave
Section 33~34. Leaves of Absence Without Pay
Section 34~. Leave of Absence With Pay
Section 35~3~. Reduction in Force
Section 367. Agents
Section 378.
Section 389.
Section 3940.
Section 40-1-.
Commute Incentives and Parkin~ in Civic Center Garage
Disciplinary Action and Unsatisfactory Work or Conduct
Grievance Procedure
Bulletin Boards and Telephones
236
236
237
44
4439
412-
414
414
41~5
42~.
426
426
436
458
469
,~)47
4947
,~-47
,;R2-48
504
53~
Section 412~. Access to Association Representatives
Section 423. Meeting Places
Section 434.
Section 44~.
Section 456.
Section 467.
Section 478.
Section 489.
Section 49~. Duration
D,,I;,.,~ r~w;,.~ T~;,,~ P’~;~;~*;^,, Voluntary Leave Program
Utilization of Reserves for Field Services Division Events
Overtime Meals for Investigative Services Division
Hirin~q Incentives
Full Understanding
Printed Agreement
547
547
54
569
576-!-
576-!-
596-1-
5963
5963
iii
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS’ ASSOCIATION
July 1,2007- June 30, 2007-1..~0
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 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.
Section 6. Probationary Period
(a)The probationary period for new employees entering the classifications of Police
Academy Trainee or Police Officer shall end 12 months following the successful
2
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
(a) Cost of Livinq Adiustments
1. Effective with the pay period includinq July 1,2007, the June 1, 2007
salary ranges of all represented classifications will be increased three and one
half percent (3.5%).
2. Effective with the pay period includinq July 1, 2008, the June 1,2008
salary ran.qes of all represented classifications shall be increased by three and
one-half percent (3.5%).
3. Effective with
salary ranges of
one-half percent
the pay period includinq July 1, 2009, the June 1, 2009
all represented classifications shall be increased three and
(3.5%).
3
(b)Market Adjustments. The parties adopt the followinq market adjustments in
order to restore and maintain the City’s ability to compete for sworn law
enforcement personnel in the tiqht labor market that currently exists and that
is anticipated to persist in the near and intermediate term, havin.q taken into
account partially offsettinq cost reductions provided elsewhere in this
Memorandum of Aqreement.
Effective with the pay period includinq July 1, 2007 the salary ran.qes of the
Police Officer and Police Aqent classification, as increased pursuant to
Section 7.a. 1 above, shall be further increased by four percent (4.0%) of the
base waqe rates in effect for the respective classifications as of June 1,
2007.
Effective with the pay period includinq July 1, 2007 the salary range
applicable to the Serqeant classification, as increased pursuant to Section
7.a.1 above, shall be further increased by six percent (6.0%) of the rates in
effect for the Serqeant classification as of June 1,2007.
4
Effective with the pay period includinq July 1, 2008 the salary ranges of all
represented classifications, as increased pursuant to Section 7.a.2 above,
shall be further increased by five percent (5%) of the base waqe rates in
effect for the respective classifications as of June 1,2008.
Effective with the pay period includinq July 1, 2009 the salary ranges of all
represented classifications, as increased pursuant to Section 7.a.3 above,
shall be further increased by two and one half percent (2.5%) of the base
wage rates in effect for the respective classifications as of June 1,2009.
(c)Salary Steps & Ranges (Eli.qibilitv)
New officers attendinq the basic police academy will be compensated at the
"Police Trainee" level.
Academy Graduates and Lateral Officers with less than two years experience
will be compensated at the "Police Officer" "Step 3" Level.
Jr. First Class Exam: Officers become eliqible to take the exam anytime after
they complete the Field Traininq Program. However, the pay increase will not
become effective until they have successfully completed the test and have been
with the department for a year from the academy graduation (Laterals a year
from hire date). The pay increase for Jr. First Class is compensated at the "Police
Officer" "Step 4" level (Approximate 5% Increase).
First Class Exam: Officers become eliqible to take the exam anytime afterthey
have successfully completed the Jr. First Class Exam. However, the pay increase
will not take effect until one year from the date of the merit increase for the Jr.
First Class exam. (Lateral officers’ pay increase may be effective one year from
the date of hire) The pay increase for First Class is compensated at the "Police
Officer" "Step 5" Level (Approximate 5% Increase).
(d)POST Certificate/incentives
Basic Post: Officers become eliqible upon completion of their probationary
period. The certificate must be obtained within 18 months of hire date. (No Salary
Increase)
Intermediate POST: Officers are eliqible based on a combination of years of
service and education as follows.
5
1. Two Years & a bachelor’s degree
2. Four Years & an associate deqree or 45 traininq credits and 45 educational
credits.
3. Six Years& 30 traininq credits and 30 educational credits.
4. Ei,qht Years & 15 traininq credits and 15 educational credits.
The pay increase for Intermediate POST Certificates is compensated at
the"Police Officer/Inter" Level. (Approximate 5% Increase).
Advanced POST: Officers are eliqible based on a combination of years of
service and education as follows.
1. Four Years & a master’s deqree.
2. Six Years & a bachelor’s de,qree.
3. Nine Years & an associate’s deqree or 45 traininq credits and 45 educational
credits.
4. Twelve Years & 30 traininq credits and 30 educational credits.
The pay increase for Advanced POST Certificates is compensated at the "Police
Officer/Adv" Level. (Approximate 2.5% Increase).
Traininq credits are computed as one credit for every 20 hours of
approved course.
Education credits are equivalent to 1 point for each semester unit from an
accredited colleqe/university or 2/3 of a point for each quarter unit.
Military time may be used for service time as approved by POST on a case-by-
case basis.
Officers are responsible for contactinq Personnel & Traininq in order to arranqe
takinq tests and application for POST certificates.
(e) (b)Special assignment premium pay.
Effective with the pay period including July 1, 2001, biweekly premium pay for
employees assigned to the indicated specialties will be as follows:
6
Field Traininq Premium: 5% of base pay per pay period.
Applies to management-assigned Officers and Agents and Traffic Team
members during each pay period in which they provide training to police recruits,
Community Service Officers or Level II reserve officers who are working on their
Level I certificate. Applies to management-assigned FTO Sergeants during each
pay period in which they supervise assigned FTO Officers or Agents who are
actively training police recruits, Community Service Officers or Level II reserve
officers who are working on their Level I certificate.
K-9 Program Premium:5% of base pay per pay period
Effective January 1,2008, K-90fficers/Aqents shall receive 5% of base pay per
pay period to compensate for the time spent by the K-9 Officer/Agent outside
[#.qularly scheduled work hours to feed, groom, house, exercise, attend to the
medical and dental needs of and otherwise maintain the doq. Effective January
1,2008, the policy previously in effect governing K-9 Officer/Agent compensation
for such activities shall terminate.
Court Liaison Premium: 5% of base pay per pay period.
Applies to Court Liaison Officer or Agent during period of active assignment.
Bilingual Premium: 5% of base pay per pay period.
Applies to representation unit employees certified by management as proficient
in other lanquages as outlined below. ~-"~’~o~’ .~,,,4 .... ~ ,-,÷~,~,, i ...........
1. Approved Lanquages
Spanish, Chinese (Mandarin and Cantonese), Japanese, Ta.qalog, Korean,
Vietnamese, Russian, American Si.qn Lan.quage, and such other lan.qua.qes as
determined by manaqement.
2. Proficiency Requirements
Officers, Agents, and Sergeants who pass a basic "first responder" proficiency test
administered by a professional linguist will be eliqible for bilinqual pay. This proficiency
test will be a one time test to ensure the candidate has the ability to verbally
communicate (with the exception of American Siqn Language) as a first responder in
the selected Lanquage. First responder proficiency will include, but is not limited to, the
ability to take basic crime and accident reports; issue a citation and explain the court
7
process; complete a field interview card; .qive directions; give a Miranda admonition;
and generally be able to communicate with a non-English speakin.q person in need of
basic police services.
Study material will be provided by the City to all employees to assist in test preparation.
3. Testing Process
In order to best accommodate the wide range of languages, proficiency testing will be
conducted by professional linquists outside the Police Department that have been
agreed upon by the Association and Manaqement. A basic first responder proficiency
exam has been developed based upon the needs of the orqanization. The City will pay
for the initial test for each employee. Employees who do not pass the initial test may
retest as many times as necessary. However, subsequent tests will be at the
employee’s expense.
Section 8. Night Shift Differential
~. a___~Night shift differential shall be paid at the rate of 5% to all FSD personnel for all
hours worked between 6:00 p.m. and 8:00 a.m.
2-:.(b)All employees covered under Section 22-3(6d) working a regular shift between 7:00
a.m. and 7:00 p.m. shall receive 5% night shift premium for hours worked between
7:00 p.m. and 7:00 a.m.
Vacation and administrative leave pay for employees who regularly work night shifts shall
include appropriate night shift premiums, relating to night shift hours regularly worked.
Shift adjustment hours for employees who regularly work the 4-11 work schedule shall
include the appropriate night shift premium based on the percentage of usual night shift
hours worked to regular hours.
Section 9. 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 9 (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.
8
Effective with the pay period including July 1, 2007 -1-99~, employees shall not
receive paid holidays, but in lieu thereof shall receive 4.62 4-_1-9-hours straight time
pay, while in a pay status, to a maximum payment of 120 4-0g-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 status and will
be paid semi-annually in June and December. If time off is elected under this
provision, such time off may be taken to the maximum of current accrual balances
and subject to management scheduling approval ~,,~-k ÷~,~, Off’^’k~"k ~-
(d)The following pertains only to represented employees working eight-hour, five-day
or 9/80, or non-Field Services 4/10 assignments.
(1)All such employees shall have the following days offwith pay, subject to 9(a)
and 9(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 9(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.
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 designated for
purposes of the holiday.
(2)Employees covered under subsection 9(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)All personnel covered under subsection 9(d) working a non-Field Services
4/10 schedule shall be paid 10 hours of holiday pay, according to the
provisions of this section, for holidays falling on scheduled work days. Ten
hours will be added to the holiday accrual balance for covered employees
when a holiday falls on a scheduled day off. Such holiday accrual balance
may be scheduled-as time off subject to management approval, but if
unused, will be paid off at the end of the fiscal year.
Section 10. Working Out of Class Pay
Officers, Agents, & Ser,qeants workinq out of class for a period of two or more consecutive
pay periods (28 days) shall be compensated with the followinq premium pay;
Officers and Aqents workinq as an Actinq Sergeant: 7% of base pay
Sergeants workinq as an Actinq Lieutenant: 10% of base pay
Agents, and Ser,qeants fulfillinq the role of an Actinq Ser,qeant and/or Actinq Lieutenant for
individual shifts and/or a number of hours within a shift, shall not receive additional
compensation. Periodically workinq in this capacity shall be deemed a basic duty within an
employee’s lob description.
10
Section 11. Retention/Career Incentive Program (Special Compensation)
a)Retention/Career Incentive Program
On July 1,2007 the City will initiate a Retention/Career Incentive Proqram. It is
recognized that hirinq, training, and retaininq qualified law enforcement
personnel is becoming increasingly difficult, time consuminq, and very
expensive. Thisprogram is desiqned to provide greater incentives for hirinq new
employees, retaining long-term employees, and attractinq quality lateral
candidates from other law enforcement agencies. This program will provide
special compensation in the form of premium pay at various levels as employees
reach different career milestones. Both parties acknowledqe that the cost of the
program was partially offset throuqh salary and/or benefit reductions aqreed to
elsewhere in this Memorandum of Aqreement.
Effective with the pay period including July 1, 2007 employees shall receive the
followinq special compensation;
All employees with more than 5 years of service shall receive special
compensation in the form of retention pay at 3% of straiqht time base pay.
Effective with the pay period including July 1, 2008 employees will receive the
followinq special compensation;
More than 5 years service, but less than 10 years shall receive special
compensation in the form of retention pay at 3% of straiqht time base pay.
More than 10 years service shall receive special compensation in the form of
retention pay at 6% of straiqht time base pay.
As an incentive to recruit and hire lateral law enforcement personnel from other
agencies, the following shall apply. At the Chiefs discretion, up to 5 years of full
time law enforcement service may be counted towards the years of service
outlined above.
Once this program is fully implemented on July 1,2008 the contract lan.quage for
the previous year (July 1,2007) can be removed from this section as it will no
longer apply.
Special Compensation/Retention Pay outlined in the Retention/Career Incentive
Program shall be deemed PERSable for the purpose of income and retirement
however will not be a factor when calculatinq overtime compensation.
11
b)Performance Improvement Plans (Retention Incentive Disqualification)
Employees on a Performance Improvement Plan will not receive compensation
under the Retention/Career Incentive Proqram. Employees will be removed from
the Retention/Career Incentive Proqram in the pay period followinq the
implementation of the Performance Improvement Plan. Employees will beqin
receivinq Retention/Career Incentive Compensation in the pay period after the
successful conclusion of the Performance Plan.
Employees will retain their riqht to use the grievance process as outlined in
Section 39 as it pertains to the loss of compensation outlined above.
Section 12. Tuition and Professional Equipment Reimbursement
(a)Eff~ct!v~ July !, 2001, T~he City will reimburse up to $1,000 per fiscal year for
tuition, curriculum
fees, the purchase of work-related books, videos, or periodicals, professional
association memberships, job-related computer software,
hardware and related peripherals and accessories, software upgrades,
dial up or high-speed internet access, routers, telecommunication equipment, and
home office equipment/furniture. 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.
An employee will not be reimbursed for the cost of a desktop or laptop computer in
consecutive fiscal years not " ....÷~,,,.~-.~.,4 if .....~,oo~,,4 ,,,~÷~,~, ~ ..........,
..... ~ .........~’ ....~ o’ ’"~" ....~ ....÷ ~"’ ?’e ~’’"~ ....~" An exception may be made
if, in the opinion of the Personnel and Traininq Coordinator, the employee shows
.qood cause for why such purchase should be allowed (e.g. reported theft,
documented breakaqe, etc.) If an employee terminates within one hundred and
eighty (180) Ddays #,-x-(6) months after makinq a purchase for which the City
reimburses the employee under this provision, the amount of that reimbursement
shall be recovered by the City and may be deducted from the employee’s final
paycheck. Exceptions to the 180 Dday reimbursement provision may be approved
with the concurrence of the Chief of Police and the Human Resources Director.
12
(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 comply with Internal Revenue Code regulations. Reimbursement
requests may be submitted at any time, but will be batch processed on a periodic
basis.
(c)
I
With regard only to POST-reimbursable training which is approved in advance by
Management, subject to Section 12(d), and for which POST reimbursement is
provided for meals and lodging and mileage~ Ssuch meals, lodging and mileage
are reimbursable under tuition reimbursement subject to the maximum amount in
Section 12(a) and subject to POST procedures.
(d)Representation unit members may use tuition reimbursement to attend job-related
training during on duty time only if approved by management. If representation unit
members wish to attend training on scheduled work days, alternate work days may
be granted by Management when staffing allows.
Section 13. 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.
Section 14. Court Pay
Sworn Police Personnel appearin,q in court fe~ or in an administrative forum in
the course and scope of their normal duties will be compensated according to the following:
Period Rate Minimum
(a) ^~,~,,,o-’~,~,-," on
Scheduled day off.
(b)^~,,, ,-~r~A ,-~11 t-r,,,rl-
D~uring scheduled shift
or immediately preceding
or following a shift
Time and one-half
Straight time during shift.
Time and one-half for
period before or after
scheduled shift.
4 hours
None
(c) For other +~"~’Time and one-half
13
3 hours
A_appearance on a
scheduled work day~
before "-
employees of Team #3
(prior to 12 p.m.)
(d) Appearance on a
scheduled work day_~y
first watch by employees
of Team #4 or Team #5
(e) All other court
appearances_not.,,~, "~’ "~"’~,, ,=
Time and one-half
Time and on-half
3 hours
2 hours
14
Section 15. Health Plans
(a)PEMHCA Health Plan
Except as otherwise set forth herein, the City will maintain the present level of
benefits on all City sponsored medical programs.
Benefits will be provided in accordance with provisions of the PEMHCA Health Plans
or~A’7 ¯÷h .....k r~,~,-,,~,k~, 3~, ....dunnq the term of this contract. Monthly City-paid
premium contributions for an employee-selected PEMHCA optional plan will be
made to the maximum amount indicated in each cateqory below ÷k., ,, ..... "~"’~’k’ ~.....~,n ...., ,~...~’~’r
3!, 2007 during the term of this contract. Effective July 1,2007, the city will pay up
to the monthly medical premium for the 2nd most expensive plan amonq the existinq
array of plans during the term of this Agreement. Those employees currently in the
most expensive medical plan (PERSCare) as of June 30, 2007 will be permitted to
remain in said plan at full City paid expense until the end of the calendar year 2007,
at which time they will be afforded the opportunity to change medical plans during
the open enrollment period between Sept. 17 to Oct. 12t~, 2007. If said employee(s)
wishes to remain in the PERSCare medical plan, the -~w~,~,.~ ,~,~,÷~ ...... ~,,~
~ difference between the PERSCare plan and ~Heag-the monthly medical
premium for the ~a4ue-ef 2n~ most expensive medical plan will be paid by the
employee. If CalPERS changes the plans it offers, the City and the Association will
meet and confer over the City continuing to provide an equivalent benefit at an
equivalent cost.
During the term of this Agreement, if CalPERS no Ionqer offers the PORAC health
plan and as a result, an affected employee enrolls in an alternative CalPERS health
plan, the City will reimburse or provide insurance to such employee or his or her
dependents for documented medical expenses incurred that exceed the two million
dollar ($2,000,000)lifetime maximum if any, provided that such expense would have
otherwise been covered and paid by the health plan. Such reimbursement shall be
made once per fiscal year.
Eligible Active
Employees
Number of Parties
Covered
Employee Only
Employee Plus One
Employee Plus Two
Monthly City
Contributions
Premium for plan selected
Not to exceed the second most expensive plan
Premium for plan selected
Not to exceed the second most expensive plan
Premium for plan selected
Not to exceed the second most expensive plan
15
or More
For those members who are enrolled in either the PORAC or PERS Choice health
plan, the City agrees to continue to reimburse the employee out-of-pocket expenses
that exceed the PERSCare annual maximum co-payment responsibility during the
term of this contract. For calendar year 2007, those maximum co-payments are
$2000 per plan member, or $4000 per family. This medical incentive plan allows
Association members and dependents enrolled in either the PORAC or PERS
Choice medical plans to submit eligible expenses incurred that exceed $2000 per
member and/or $4000 per family for covered services received from a preferred
provider to the Human Resources Department for reimbursement.
(b)Vision Care
Effective beq!nnin.q September !, !989, the 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.
Effect!re Ju!’,’ !, !996, d Dependents will include domestic partners, as defined under
Section 16 (c).
(c)Active Employee Domestic Partners
(d)
Effective beqinn!n.q September !, !989, the Active employee domestic partners
whose domestic partnership is registered with the State of California will be
eligible for medical benefits under this section. Active employee domestic
partners whose domestic partnership is not re.qistered with the State, but who
meet the requirements of the City of Pale 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 maximum monthly premium cost of individual
coverage under the PEMHCA health plans. Evidence of premium payment will
be required with request for reimbursement.
Alternative Medical Benefit Program
If a regular employee and/or the employee’s dependent(s) are eligible for medical
16
insurance through another employer-sponsored or association-sponsored medical
plan, the Employee may opt for the alternative medical insurance coveraqe through
the other employer-sponsored or association-sponsored medical plan and waives
his/her right to the City of Palo Alto’s medical insurance coverage for same
individuals. Employees electinq alternative coveraqe and no City coverage will
receive cash payments of approximately one-half of the "avera,qed monthly
premiums" for their medical insurance coveraqe. "Averaged monthly premiums" are
the average of the Kaiser HMO, Blue Shield HMO and PERS Choice PPO
premiums for the employee’s City medical coverage throuqh the California Public
Employee Retirement System (CalPERS).
The rates for 2007 are as follows:
One Party:$230.00
Two Party:$460.00
Family:$595.00
For 2008, the rates are as follows:
One Party:$250.00
Two Party:$500.00
Family:$645.00
The alternative Medical Benefit Program rates for subsequent years covered by this
Agreement will be determined when CalPERS formally announces the health plan
rates applicable for the year in which they are to apply.
I
(a)
Section 16. Dental Benefits
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. Dental Coverage shall
include composite (tooth colored) fillings for all teeth effectlve Jan,~’a,~j, !, 2007.
17
(b)Effective July 1, 2007-!-98~, the City will provide
$2,000 $!,500 -lifetime maximum orthodontic
employees and their dependents.
a 50% of reasonable charges,
benefit for representation unit
(c)=~’÷~"~ ~’ ’~" ! ~ aa~ dDependents will include domestic partner, as defined under
Section 15 (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.
(e)E~’~"÷~"~ ~"~"’ °00’ dDental implants in conjunction with one or more missing
natural teeth, and removal of dental implants will be covered as a Major Dental
Service at 50% usual, customary and reasonable (UCR).
Section 17. 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 18. Effective date of Coverage for New Employees
For newly hired regular employees coverage begins on the first day of the month following
date of hire for the health plan, dental plan, vision care plan, and life insurance plans if
these benefits are elected.
18
Section 19. Retirement Benefits
(a)"3% at 50" Safety Retirement
The current Public Employees’ Retirement System (PERS) benefits, known as the "3
percent at 50" Retirement Formula per California Government Code §21362.2, shall
continue in effect.
Employees in all represented classes will make PERS member contributions by
payroll deduction. With employees payin.q their own contributions, the City will
provide for member contributions to be made as allowed under the provisions of IRS
Code §414(h)(2).
Effective with the pay period ncludin,q 7/1/08, the City will beqin paying the
Employees 9% PERS Contribution with a simultaneous offsettin.q wa.qe reduction.
The waqe reduction shall be calculated by dividin.q an employee’s salary prior to the
July 1, 2008 pay period increase by 1.09 to get the new reduced hourly rate
(Example $48.22 divided by 1.09 equals $44.24). The salary increase effective in the
pay period includinq July 1,2008 will be applied to the reduced hourly rate.
Effective with the pay period including 7/1/08, the City will contract with PERS to
provide "Reportin,q the Value of Employer Paid Member Contributions as
Compensation in Employee’s Final Compensation Period by Contract Amendment
(Government Code Section 20615.5).This amendment will make the 9% Empl.oyee
Contribution PERSable as "Special Compensation in the final year of employment."
These payments shall be made on a tax deferred basis, in accordance with Section
414(h)(2) of the Internal Revenue Code.
(b)
(b)
1959 Survivor Benefit
The City will continue to provide the basic level (Level 1 ) of 1959 Survivor Benefit to
eliqible employees in accordance with California Government Code §21571.
19
~Military Service Credit. =~"+;"~ oo o~" ....... ~,~, +The, City will amend its
contract with the Public Employees’ Retirement System to provide for Section
20930.3, Military Service Credit as Public Service.
(d)Retirement Privileqes
All retired employees and spouses of deceased employees shall have residential
privileges at City libraries, refuse disposal area, .qolf course, and swimminq pools.
(e)PERS Status While in Basic Academy.
While an employee is attendinq Basic Academy, he or she shall participate in the
City’s PERS Miscellaneous Employee retirement plan (2.7 at 55 formula), with the
same employee and employer contribution rates as applies to Miscellaneous City
employees represented by SEIU (classified unit). When the employee successfully
completes Basic Academy and is sworn in by the Police Chief, he or she shall
prospectively participate in the PERS Safety Employee retirement plan (3 at 50
formula)."
(f)Deferred Compensation - One Time Payment
In the pay period including January 15, 2008, the City shall make a one time $600.00
contribution to each member’s deferred compensation account not to exceed a total
expenditure of $50,400. This payment will be made to all members of record on
September 30, 2007 and any new members hired prior to December 15, 2007. To
receive the payment, each member, as outlined above, must be employed with the
City at the time contribution is made. If the POA is unable to have all members open
20
a deferred compensation account by December 31,2007, the $600.00 will be paid
out as a one time waqe payment in the pay period includinq January 15, 2009.
(f)
(g)
(4)
Section 20-19. Retirement Medical Plan
(a) Retiree Medical Coveraqe - Employees hired before January 1,2006:
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 for employees that retire on or before December 31,2007. Effective January 1,
2008, for an employee retirin.q on or after that date, the City will pay up to the monthly
medical premium for the 2nd most expensive plan amonq the existinq array of plans durinq
the Aqreement term. If PERS chan.qes the plans it offers, the City and the Association will
meet and confer over the City continuinq to provide an equivalent benefit at an equivalent
cost.
For 2007 calendar year, the City’s contribution toward dependent coveraqe is 70% of the
difference between the applicable "Employee and One Dependent" or "Family" maximum
employer contribution for active Association employees and the maximum employer
contribution for "Employee Only" coveraqe. For 2008 calendar year the City’s contribution
21
will increase to 75%. This contribution for dependents will increase annually by 5% of the
difference between the sinqle party premium and the two party or family premium, until
such time as the premium of the affected dependent(s) is fully covered.
(b)Retiree Medical Coveraqe - Employees hired on or after January 1,2006:
The CalPERS vestinq schedule set forth in California Government Code §22893 will apply
to all Association members hired on or after January 1,2006. Under this law, an employee
is eligible for 50% of the specified employer health premium contribution after ten (10)
years of service credit, provided at least five (5) of those years were performed with the
City of Palo Alto. After ten (10) years of service credit, each additional year of service credit
will increase the employer contribution percentaqe by 5% until, at twenty (20) years’
service credit, the employee will be eliqible upon retirement for 100% of the specified
employer contribution. However, the maximum contribution for family members will be 90%
of the specified employer contribution. Notwithstandinq any other term of this section, the
City of Palo Alto’s health premium contribution for employees hired on or after January 1,
2006 will be the minimum contribution set by CalPERS under California Government Code
§22893 based on a weiqhted averaqe of available health plan premiums.
(c) During the term of this aqreement, if CalPERS no Ionqer offers the PORAC health
plan and, as a result, an affected retiree enrolls in an alternative CalPERS health plan, the
City will reimburse or provide insurance to such retiree or his or her dependents for the
documented medical expenses incurred that exceed the two million ($2,000,000) lifetime
maximum, if any, provided that such expense would have otherwise been covered and
paid by the health plan. Such reimbursement shall be made once per fiscal year.
For those member retirees who retire after July 1, 2007 who are enrolled in either the
PORAC or PERS Choice health plan, the City a.qrees to cont!nue to reimburse the retiree’s
out-of-pocket expenses that exceed the PERSCare annual maximum co-payment
responsibility throuqh June 30, 2010. For calendar year 2007, those maximum co-
payments are $2000 per plan member, or $4000 per family. This medical incentive plan
allows Association retirees and dependents enrolled in either the PORAC or PERS Choice
medical plans to submit eliqible expenses incurred that exceed $2000 per member and/or
$4000 per family for covered services received from a preferred provider to the Human
Resources Department for reimbursement. The maximum aq,qre.qate amount the City shall
pay out in any fiscal year under this paragraph for un-reimbursed out of pocket expenses
shall be ten thousand dollars ($10,000).
22
Section 21. Psychological Counseling Proqram
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) ,=-h-three cotton or 2- two
synthetic fiber turtleneck shirts, (5) hat, (6) duty jacket with patches, (7) dress jacket
with patches, ~, (-9-)(-8) necktie, and ~(9) 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 for the full cost of job-related boots upon
verification of such purchase by the employees. The City will make the
reimbursement only upon proof that the previous boots have become unserviceable
due to wear or damage. (Job-related boots shall mean well-constructed, high topped
boots that provide full ankle and foot support, which are selected from list agreed to
by Management and the Association.)
Employees are responsible for the full cost of any low-top, black shoes that are worn
with the uniform.
Section 23. Work Schedule
(a)Field Services Division 4/11 Schedule
The patrol schedule will have two sides, "A-Side" and "B-Side." There will be ten
patrol teams each supervised by a Ser.qeant or Actin,q Sergeant under the
manaqement of patrol lieutenants. Five Patrol teams will work an "A" schedule
23
and five Patrol teams will work a "B" schedule.
Patrol officers, agents, and ser.qeants will report for duty promptly at the
designated times for each team. Patrol team schedules are as follows.
Patrol Division Team Schedules
A-Side
Team 1A 0500 to 1600 Team 1B
Team 2A 0700 to 1800 Team 2B
Team 3A 1400 to 0100 Team 3B
Team 4A 1800 to 0500 Team 4B
Team 5A 2000 to 0700 Team 5B
B-Side
0500 to 1600
0700 to 1800
1400 to 0100
1800 to 0500
2000 to 0700
Team’s 2A, 3A, and 4A are desiqnated as field traininq teams.
(1) 4/11 Work Schedule
The work schedule will be based on an eight (8) day cycle with each employee
working four (4) consecutive days on and having four (4) consecutive days off. The
eight (8) day cycle will advance the employee’s workdays and days off within the
calendar week one day every cycle. The overall cycle repeats itself every eight (8)
weeks.
Over the course of a year (26 pay periods) each employee works 182 eleven (11 )
hour regular patrol shifts totalinq 2002 hours, 78-hours short of the required fulltime
equivalent work year of 2080 hours.
In the Patrol Division and W-with the approval of the Patrol Captain, a maximum of
two (2) paired "fixed daydZ schedules (4 Employees) may be established, at the
employee’s’ request. These #xe~f~sitie~ regularly scheduled hours of work for
such a position must cover the days offofthe position with which it is paired. E-aeh
~ For example ogne
position ~ could have Sunday, Monday, and Tuesday off~,,~
while the other could have Thursday, Friday, and Saturday off.. ~,.,~,~*~-~*~’, ,=.,. ~,,,’~" ~+~-~., ,~,
24
shall be the responsibility of employees interested in a paired fixed day schedule to
identify another employee who is willin,q to participate in the paired arranqement. If
either employee or the Department desires to terminate a paired schedule once it is
in effect, the employee or Department, as applicable, must ,qive the other affected
parties to the arranqement at least one (1) full pay period advance written notice.
Resumption of the employees’ participation in the normal rotation shall beqin on the
first day of the second full pay period followinq the date notice is delivered to the
other parties.
Employees on a fixed schedule will be required to attend the designated CPT
(Continued Professional Traininq) training days either on their regularly scheduled
workday or on a day off. If they attend training on their regularly scheduled day off,
they will be compensated by receiving an adjusted day off within the same pay
pedod.
The following hours and minimum staffing levels will be observed on both sides of
the Patrol Division. During shifd-team overlaps, the combined staffing levels of the
teams will serve to meet minimum staffing levels.
~,00700-2400 hours 1 Lieutenant/Sergeant
1 Sergeant/Agent
6 Officers/Agents
Watch Commander
Supervisor
0001~ 0300
hours 1 Lieutenant/Sergeant
1 Sergeant/Agent
5 Officers/Agents
Watch Commander
Supervisor
0300- 0700 hours 1 Serqeant
5 Officers/A.qents
Supervisor
Under routine circumstances, personnel will be able to receive time off as Ion.q as
minimum staffinq numbers remain available for duty. Mana.qement may deny time
off to maintain staffin.q .qreater than the minimum numbers outlined above. It’s
anticipated this will only occur in special situations where .qreater staffinq is needed.
25
(2) Designated CPT SeheduL~-Training Days within the 4/11 Schedule:
The 4/11 Schedule will have designated CPT training days and flexible training
hours to make up the seventy-eight (78) hours necessary to complete a full work
year. A traininq bank will be created for each employee on the 4/11 Schedule to
track and monitor the use and balance of the 78-hours. The training bank and its
use are outlined in the next section.
Management will determine the number of designated CPT training days and
stagger them throughout the year in order to .....~.~,, ,~.,.,~ ..... ..,.,,~÷~" avoid overtime insofar as
possible, the =’~- ~ "~"-’" ~*~’~ ~ct T~ current o~ ~,, FSL~ ~,,~= ~*~ o~
h....’ ....u~ ’"~!’ be I~5, ~’’°*’ ,~. +a~ cSLA ....=’ ’~ ~=t ~ 171 a
Designated CPT traininq days will be scheduled prior to the beqinnin.q of each shift
year. Unless otherwise determined by the Department, there will be five (5)
designated CPT traininq days each year. These traininq days will vary in duration
but will in most cases be approximately eight (8) to ten (10) hours in duration. The
exact number of desiqnated CPT traininq days, their duration in hours, and the
remaininq flexible traininq bank time will be determined prior to shift chanqe and
vacation selection. If it’s anticipated that the number of traininq days will vary in any
given year, Management will notify and, on request, meet with PAPOA to consider
any concerns the Association may have.
Patrol personnel will not be permitted to take vacation on any one of these pre-
designated CPT training days. The Division Captain may authorize an exception
based on compelling circumstances.
The course content and training provided on the designated CPT training days can
vary from year to year to meet current and changing training needs. It will be the
responsibility of the Personnel and Training Division to schedule and coordinate the
training on designated CPT training days. Training days may be scheduled during
daytime and/or nighttime hours to accommodate training needs.
Sworn employees not on the 4/11 Schedule will.be required to attend designated
C.P.T. training days. Each of the training days will be broken into two (2)single day
sessions for Patrol (A side and B side). It is anticipated that approximately fifty
percent (50%) of the non-4/11 employees will attend one (1) of the two ~ days
during each of the training cycles.
If the nature and/or complexity of the training does not allow for a larger groups, aea
4/1! ~"~’~ ..... o multiple sessions can be scheduled on additional training days
26
(3) Flexible Training Hours
This schedule results in seventy-eight (78) hours that will be made up during the
year throuqh desiqnated CPT training days and flexible traininq time. It is
anticipated that approximately fifty (50) hours will be set aside each year for
designated CPT training days (exact number to be determined each year). Once the
hours set aside for desiqnated CPT traininq days is established, the remaininq
hours shall be used for flexible traininq as follows.
Employees on the 4/11 Schedule attendinq traininq on a day off or outside their
normal shift shall use their available Flexible Traininq Bank hours (Non-CPT Hours)
prior to usinq overtime. All Flexible Traininq Bank hours must be used prior to
earninq overtime. The only limitation on the use of these training hours is that no
employee can exceed the one hundred seventy-one (171) hour FLSA limit in any
twenty-eight (28) day cycle. The combination of reqular work shifts, desi.qnated CPT
traininq days, and flexible traininq time cannot exceed one hundred seventy-one
(171) hours in any FLSA Cycle. Any hours worked over tho FLSA !imlt of one
hundred seventy-one (171) in a twenty-eight (28) day cycle are considered
premiums hours and must therefore be paid at the overtime rate.
The following is a list of some of the forms of training that could use hours
from the bank;
SWAT
Quarterly Shoots
Sergeant’s meetings
Radar School
DRO
FTO Meetings
FTO School
Supervisor school
Range Masters
K-9
11550 School
All other Training
If an employee doesn’t use his or her flexible training hours during the year, he or
she will be required to make up the difference by either working extra shifts, partial
shifts or by using vacation, compensatory time off, and/or holiday time from one of
their banks at the end of each fiscal year. The Watch Commander and Supervisor
will work with employees to schedule extra shifts or ut!!!zs tlme away .use vacation,
holiday or compensatory time off balances. These hours are hours the employee is
being compensated for during the normal twenty-six (26) pay periods. The
employee must work the hours on a straight time basis or use t4me4~ vacation,
holidays or compensatory time off for the compensation received throuqhout the
year.
27
(4) Other Training (not covered by the flexible training bank)
The 4/11 Schedule significantly impacts desiqnated CPT training days wateh, shift
training, and to some extent training compensated under the flexible training hours.
The following guidelines should be followed when attending training not covered by
the flexible training hours. All training bank hours_, adiusted time off associated with
training, and/or overtime associated to training shall be approved in advance by the
employee’s watch commander or supervisor.
One full day of
training on a day
off.
The employee will either receive overtime for the
number of hours at training or adjustment for one_~a-y
,4~’,4 "~° *-o;";’-" ~’-~,,’- patrol shift
Adiustments will be documented in the City
timekeepin.q system.
One full day of
training on a day
on.
The employee ....k~, ,,; .......~ ....÷;~,,, ,,,, ÷~,,, ,4.~,,
will be adiusted offtheir patrol shi~
for the day. Adiustments will be documented in the
City timekeepin~ system.
More than one day,
but less than a
week.
Partial day of
training on _a day
off.
+k,-~n An k ..... ÷,*,-~;,-q ..... ,~,~r~l= For each full day of
traininq, the employee will be adjusted off one patrol
shift. Adiustments will be documented in the City
timekeepin.q system
Overtime or adjustment for the number of hours
actually in training. Adjustments will be documented
in the City timekeepinfl system.
Partial day of
training on day on.
The employee. ......~, .~..~’~" .-’-~..,..~......~,4 will be adiusted from
duty for the time of the training and be expected to
work the remainder of their shift. Adjustments will be
documented in the City timekeepin.q system.
A forty hour tr3!n!ng
sessiea four (4~ or
five (5) day (week)
training session
that doesn’t exceed
forty-four__~(44)
Whenever possible, and depending upon where the
employee is in their twenty-eight (28) day cycle, the
employee ",’o,,....
will be a usted
off the patrol schedule when a~endinq four or five day
traininq sessions. The employee will be adjusted from
28
hours.four (4) eleven (11) hour shifts as compensation for
attending the course. The four ~4) adjusted days will
be as close to the days the employee attended
training as possible. Employees will not receive
overtime under this situation unless the total time
training exceeds forty-four (44) hours. Adiustments
will be noted in the comment section of the
timekeepin.q system.
(5) Assignments of Sworn Personnel on the 4/11 Schedule
Each year assignments are made for management staff for the coming fiscal year.
Subsequent to those assignments, officers, agents, and sergeants apply for
specialty positions. At the conclusion of those specialty selections, the Patrol Team
Selection process beqins. Each year, q:the followin.q process will be used for patrol
team selection.
Field Services Division Shift Assignment Process:
Field Services sergeants, agents, and officers will select their work team based on
the following criteria.
a=Sergeants, in order of seniority, shall select one of the ten patrol teams.
Sergeants may select any open team with the exception of those teams
designated as Field Training teams. FTO Sergeants, in order of seniority, will
select one of the designated FTO teams.
Field Training Officers/Agents, in order of seniority, shall select one of the
slots open and designated as FTO slots on one of the three FTO teams.
The following teams have been pre-designated as training teams: Team 2A,
Team 3A, and Team 4A.
C=K-9 Officers/Agents - K-9 officers/agents will generally select one of the
night shift teams: Teams 4 and 5. Selections will be based on rank and
seniority. Only one K-9 wil___[ be allowed perteam and K-9’s will be evenly split
between the two sides
Any exception to these assignments must be requested and approved bythe
Field Services Coordinator prior to the start of the selection process.
Agents, in order of seniority, shall select any of the open agent’s slots
remaining on any of the patrol teams. A minimum of three (3) agents will be
assigned to the A-Side and a minimum of three (3) agents will be assigned to
29
e=
f=
the B-Side. If a greater number of agents are 3’~’3!!3b!e for assigned to patrol,
management will evenly designate agent’s slots insofar as possible to as
many of the patrol teams as possible with the goal beinq to have one aqent
on each patrol team.
Officers, in order of seniority, shall select any remaining slot available on
any of the patrol teams.
Probationary Officers - May be assigned to teams at the discretion of the
Field Services Division Coordinator. These assignments will be made based
on the developmental needs of the new employee, the staffing needs of the
organization, and in a manner that minimizes the loss of prime bidding slots
for more senior officers/agents.
Additional Team Selection Guidelines
Prior to the selection process, management shall determine the
number of agents, and officers assigned to each team.
Additionally, management will determine which teams
are available for selection by K-9 Officers/Agents. Field Training
Officers/Agents, Field Training Sergeants, and probationary
employees shall be subject to administrative assignment.
In the sprin_~ of each year, all employees participating in the patrol
team selection process will receive a schedule identifying available
slots, the process for team selection, and a date and time for the
employee to make their selection.
Team Selection Reservations - Once Officers/Agents/Sergeants select a
team, they will be guaranteed that team even if they are unable to work
that team at the start of the shift year due to special assignment,
internship, leave of absence, disability, illness etc.
Officers, Agents and Sergeants may not remain in the same time
slot for more then two consecutive years.
Team chanqe shOE,,, ....~,’~v"",~., ....,=~o request will be considered with the approval of
management.
Any request for an anticipated change to the assignment of sworn
personnel shall be routed to the Field Services Division Coordinator prior
to the selection process.
30
(6)Vacation Selection
Concurrent Vacation Authorization - Officers and Agents.
Patrol Division - Four (4) slots are authorized on the A-Side and four (4) slots
are authorized on the B-Side. It is anticipated that this would equate to two
(2) slots on night shift (Teams 3, 4, and 5) and two (2) slots on day shift
(’Teams 1, ~.~d 2.). for each side.
Any exceptions to these rules may be made by the Field Services Division
Coordinator based on special circumstances.
Concurrent Vacation Authorization - Sergeants
Patrol Division - Two (2) slots are authorized in patrol on the A-Side and two
(2) slots are authorized in patrol on the B-Side. It is anticipated that this
would equate to one (1) slot on the night shift (Teams 3, 4, and 5) and one
(1) slot on the dayshift (’Teams 1 and 2) for each side. Exceptions to allow
two .(~)_sergeants vacation at the same time for special circumstances may
be made by the shift lieutenant. Other exceptions to this rule may be made
by the P3tro! C=pt=!n Field Services Division Coordinator.
a. The A-side and B-side will have separate vacation signups. It’s also
anticipated that the dayshift and nightshift will have separate signups. For
agents and above, selection will be based on rank and time in rank.
Personnel having the .greatest tenure in rank will have priority. For officers,
selection will be based on seniority. If seniority is equal, low badge number
shall have priority.
b. Sergeants will have a separate signup sheet from agents and officers.
During the initial sign up sergeants will have two guaranteed ~ slots per
side, one (1) on day shift and one (1) on night shift. Agents/officers will
have four ~4) guaranteed st~ts slots per side, two (2) on day shift and two (2)
on night shift.
Vacation Selection Process: Vacation selection will occur within a few weeks
of the team selection process each sprin,q. Selections will take place on two
31
days, one day for the A-Side and one day for the B-Side. Serqeant, agents,
and officers will be given time slots to come in, call in, or may submit in
advance written instructions on choice for vacation weeks. The selections will
be made based on rank and seniority. Both sides aqree to monitor the
outcome of the process and enter into a mutual agreement to continue or
discontinue the process.
(7) Time Keeping and Payroll
All employees working under the 4/11 schedule will work eleven (11) hours a
day, four_(~ consecutive days a week. These eleven (11 ) hours will be entered
in the timekeeping system on the day they are worked and/or prior to pay period
payroll deadlines. Employees attending one ~ of the designated CPT training
days will enter the hours of training on a "training timesheet" and enter the time
in the timekeeping system. Employees using hours from their flexible training
bank shall complete a "training timesheet" and enter the time in the timekeeping
system.
Employees workinq the 4/11 Schedule will not receive overtime compensation
for hours worked under the followinq conditions.
Hours worked as part of a reqular 11-hour work day.
Hours worked on a desiqnated CPT training days.
Hours associated to traininq where hours from the flexible traininq bank
could be used.
Non-Mandatory traininq where adiustments from the patrol schedule are
possible.
Overtime shall be paid for "Mandatory" traininq once traininq bank hours have
been exhausted.
Overtime shall be paid for "Mandatory" meetings that fall outside the specialty
exemption listed below.
Participation in department specialties includinq traininq, meetings, and other
activities is not considered a mandatory activity when it comes to overtime
compensation. Wherever possible, employees participating in department
specialties and other non-mandatory activities will be adiusted off the patrol
schedule for these activities. Schedule adiustments will occur as close to the
activity outside the employee’s normal work schedule as possible and within the
same FLSA Cycle.
Schedule adiustments for personnel workinq nights: All personnel attendinq a
32
full day of traininq on a work day will be adjusted off the patrol schedule for their
work shift that day. In addition to beinq adiusted off any shift that starts on the
day the training occurs, employees workinq Teams 3, 4, and 5 the night before
the traininq will be adjusted off the niqht before as follows. If the training is all
day startinq in the morning hours, these adjustments will apply.
Team 3:Adjusted off at 2200 hours.
Teams 4 & 5:Adiusted off the entire shift.
If a niqht shift employee is scheduled for a full day of "Mandatory" training on the
morninq of his or her first day off, the same adiustments listed above will apply.
In addition to the necessary adjustment, employees will receive compensation
for the traininq hours throuqh the use of traininq bank hours. When training bank
hours are exhausted, the employee will receive overtime.
The time keeping system eF=ntries: Each employee must enter his o_r her time
in the timekeepin.q system that accurately reflects the hours he o___Er she works.
When schedule adjustments are made, overtime is worked, or training bank time
is used, employees must make appropriate notes in the comment section of the
timekeepin.q system. Supervisors and timekeepers may complete the
timekeepin.q system entries when employees are unavailable due to illness or
other situations. Employees working the 4/11 Schedule shall also siqn the daily
schedule.
Manaqers and supervisor will approve time entries made in the time keeping
system. Manaqers and supervisors will pay special attention to the use of
traininq bank time and overtime. Time entries should be reviewed for regular
hours and traininq hours that may ~elate exceed the FLSA guideline of 171
hours in a 28 day cycle.
With the 4-day on 4-day off rotation, employees will work either 66 or 88 hours in
each pay period. The timekeepin.q system will shift adjust the appropriate
number of hours into (+14) and out of (-8) the employees bi-weekly totals so
each employee receives compensation for 80 hours. Regardless of the number
of hours worked under the FLSA exemption, an employee will be compensated
for 80 regular hours every bi-weekly payroll cycle.
These shift adjusted hours (-8 or +14) will be added to or taken away from the
timecard at the appropriate day/night shift di_e_fferential rates for each employee. As
an example, if an employee’s normal shift is paid at 75 percent day rate and 25
percent night rate, all hours shift-adjusted on to or off the timecard will be adjusted
using the same approximate ratio of 75/25 percent for day/night rates.
If an employee leaves city service while on the 4/11 schedule, staff and payroll shall
33
perform the traininq bank reconciliation ~ of the number of hours the
employee is over or under the normal forty (40) hour workweek rate since the
beginning of the current one !.~ year (twenty, six [26] pay period) 4/11 cycle. If the
employee has worked more hours than the fortv (40) hour a week average, he or
she shall be compensated for those hours at the regular rate. If the employee is
under the forty (40) hour a week average, the hours will be taken from the
employee’s vacation, holiday, or comp time bank and/or deducted at the regular rate
from the employee’s last check.
If an employee’s assignment changes from the 4/11 schedule or to the 4/11
schedule, his o_£r her over/under rate will be calculated the same as above. Time off,
extra shifts worked, and/or the adjustment of holiday, vacation, and/or comp. time
banks will be used to resolve any differences between actual hours worked and the
forty (40) hour weekly average.
Daylight Savinqs Time/Pacific Standard Time Chanqes- Personnel on Team 4 and
Team 5 will follow these guidelines when workinq either the spring forward or fall
back. Individuals workinq in the spring who would lose an hour of work due to the
chanqe to Daylight Savinqs Time will report for duty one (1) hour early and work an
eleven (11 ) hour shift at straiqht time. Individuals workinq in the fall will work one (1)
- additional hour (for a total shift of twelve (12) hours) due to the chanqe to Pacific
Standard Time. Such employees will put in for one (1) hour of overtime. Nothinq in
this section prevents an employee from leaving early or usinq time off to offset the
time when staffinq allows and approved by the Supervisor or Watch Commander.
(8) Maximum Hours Worked - Turn Around Time
Sergeants, agents, and officers may work up to a maximum number of 1__~6 hours in a
24-hour period. Any work beyond 16 hours must be approved by a watch
commander or member of management and only under exigent circumstances. Any
time an employee works 16 hours or more, they must receive an 8-hour break
before returning to duty. If the 8-hour break runs into the employees next shift,
those hours are considered adiusted hours off.
Sergeants, agents, and officers shall not exceed a maximum of one hundred forty
(140) hours in a 14 day pay period. Any work beyond one hundred forty (140) hours
must be approved by the employee’s ILieutenant and eCaptain, and should rarely
occur only under extreme situations.
Ser.qeants and Lieutenants authorizinq overtime in excess of the daily limit (16-
hours) and/or the bi-weekly limit (140 hours) shall send a short email to their
Lieutenant and Captain explaining the reason for the excess work.
It is the employee’s responsibility to monitor their hours and notify the supervisor
34
I
I
and/or watch commander of their hours worked when approaching the daily or bi-
weekly limits or being requested to work overtime.
(9) Shift Exchanges
Sergeants, a.qents, and officers may exchanqe work shifts with another employee of
the same rank. Aqents and officers may be interchanqeable if simply filling the role
of an officer on the schedule. Personnel must submit a shift exchanqe request form
to their supervisor and lieutenant. Shift exchanqes require a lieutenant’s approval
except when short notice makes that impossible. Shift exchanqes can only occur for
entire shifts, Shift exchange request forms must contain the pay back date for the
second half of the shift exchanqe. Both halves of the exchanqe must occur in the
same 28-day FLSA Cycle (refer to Yearly 4/11 patrol Schedule for FLSA Cycles).
Once an employee agrees to an exchange shift, he or she is responsible for that
shift. If he or she fails to show up for the shift and/or is sick, the time will be
deducted from his or her applicable leave balance to the extent the employee
qualifies for such deduction under the applicable leave policy. Failure to show up
for a shift may also result in disciplinary action.
(10) On-duty workout period and sign up:
When staffing allows and with supervisory approval, employees may workout on-
duty for a period of up to one (1) hour. The hour shall include the work out, a
shower, and dressin.q time. Specific guidelines and conditions are outlined in the
Wellness Proqram Policy.
Traffic Team n;,,;~;,,,. ~.,,~ e,,,...;~l = ....,o ~ ......÷___
35
Sworn members of the Traffic Team DMsien shall work a ten-hour (10)day, four_(~_)_-
..~aa,, workweek schedule Tk~ ~,-,,.,.~o~ = ....÷~ ~ ......÷ eke, ~.,. ;,~,-~,,~, ,~...~ +~
~,~v,~,~,.~ ~, ~ ~,~ ~1"
Traffic Team officers/aqents may be assiqned as part of minimum staffinq at the
discretion of manaqement.
Effective July 1,2008, the Take Home Motor Proqram will be discontinued.
officer ....k ....~,~,,~,4 *or~ ~.,..+;~,~, ,-,~ ÷k,~ M~,~h÷
f....flf~,inn fka Tr~Fin T ..........i ....f ....bv th 20~......... ~,, ,~ ...................v ............~ m~n~mum s~aMn~ needs._._._e
month ..,~,,, ~h~ .......A~faA h~. fh ......f fr~#i .........I ..........ilehla
within, fh~ ~f ......fi~n~ ~, ,i~u~ mh~ hours ~f
(c)Special Operation Sergeant/Crime Suppression Team
The Special Operations Serqeant and team members shall generally work a ten (10)
hour day, four (4) day workweek schedule. Given the nature of the team’s
assignment, it is anticipated and expected that their schedules should be flexible and
adapt to or,qanizational needs.
_(c)
36
(d)ISD and Other Sworn Classifications--All sworn personnel assigned to ISD~
+o Staff Assistant, Personnel and Training and Community Policing
shall work a ten (10) -hour day, four-day work week schedule.
(1)Work Schedule--The ten hours shall generally be worked between the hours
of 0700 and 1900, with specific schedules subject to approval by appropriate
supervisors. The ten (10) -hour work schedule shall be worked within a
period of ten hours, with a working lunch period not to exceed thirty (30) ,30
minutes. As an alternative, with Management approval, the ten-hour work
schedule may be worked within eleven hours, with a one 1__0_)_-hour unpaid
lunch break.Changing alternatives will require prior approval by
Management.
(2)Work Week--For ISD personnel, one-half of the Division will work Monday
through Thursday, while the other half will work Tuesday through Friday. All
other sworn personnel covered under Section 23 (b) & (c) will also work
either Monday through Thursday, or Tuesday through Friday.
(3)Late Detective Shift--Two detectives will be assigned on a rotational basis to
the late shift from 1200 to 2200 to provide evening coverage. Assignment to
the late detective shift, where possible, will be by advanced sign up with each
detective selecting two weeks each quarter according to a protocol
determined by seniority, needs of the division and needs of the employee.
Generally, there will be one detective from each half of the division working
the late detective shift during each week.
(e)Forty-hour Training Schedule--For all sworn employees who attend traininq that is
four (4) or five (5) days in duration (a week), their schedules will be adiusted from the
37
normal work week. Employees will not receive overtime durinq scheduled traininq as
described here unless it exceeds their normal forty (40) or forty-four (44) hour
workweek. Schedule adjustments will be documented in the notes section when
makinq the timekeepin.q system entries.
Section 24. Overtime Pay and Compensatory Time Off
(a)Overtime pay shall be provided at the rate of time and one-half of the employee’s
regular rate, including night shift differential, working out of classification pay, and
specialty assignment premium pay as defined under Section 7(b), 8 and 10.
(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.~.~,,n’~’~’~’~’~’~,,,,,,.~ ...~,’ ....... ,.~,~,, ~,, ~ooa, v...., In the event
compensatory time off is used as the method of compensating for overtime, the time
off will be taken prior to the end of the quarter in which it is earned. All
compensatory time balances shall be paid at the end of each quarter, with warrants
issued in the first pay period of the new quarter. Employees may request in writing to
carry over up to 80 hours of compensatory time from quarter to quarter. During the
final calendar year quarter, employees who have vacation accrual balances of less
than two times their annual accrual rate, less 80 hours, may request in writing to
convert up to 80 hours of unused compensatory time to vacation per calendar year,
to be transferred in the first pay period of the calendar year
38
(c)Employees ’-~’÷ ~’+~,’-~’^’~ ..... ~’ ’,4~’,4 ~ ....... ~,,~ ...... -+~ ......... ~’" aro called out
to perform work, attend meetings or required training shall be compensated for at
least three hours pay for each occurrence at the appropriate overtime rate.
Section 25. Overtime Sign-Up
(a)(-la-)Planned Overtime. Planned overtime includes patrol wateh staffing, special
events, traffic control functions or an,7 other overtime needs ....
........... which .can be ~dent~fied prior to the 20th day of the precedinq month-allew
, ~,,,÷~,.~, On or about the 20t" fir-st of each month, watch
commanders will post ~majeet a list of dates/shifts requiring overtime for the next
month.
Officers, A.qents, and Sergeants will be given a reasonable period of time to sign up
for the available overtime assignments. On or about the 25t" of the month, planned
overtime will be filled from the siqn up list using the rotational overtime call out list.
Aqents may place themselves on the siqn up list for supervisor overtime, however
will only be considered if no serqeant requests the shift.
Overtime that isn’t filled durinq the planned overtime process may be filled at
manaqement’s discretion.
Employees assiqned to a fixed work schedule such as ISD, P&T, and StaffAssistant
may adiust their work schedule with their manaqer’s approval in order to work a
planned patrol overtime assiqnment. This schedule adiustment must be completed
within the same work week as the planned overtime assiqnment. Schedule
adiustments will normally be approved unless there is a conflict with a previously
scheduled activity within the work unit or the schedule adjustment would be
disruptive to the operation of the unit. Employees bidding for planned overtime
requirin.q a shift adiustment must make a notation next to the assiqnment indicatinq a
shift adiustment would be necessary. Only one overtime shift requiring a shift
adiustment can be worked per work week.
39
Unplanned Overtime. Unplanned overtime is overtime that wasn’t identified prior to
the 20~ of the precedinq month. ~
Unplanned overtime will be filled by the followinq procedures.
1) The Watch Commander or Supervisor may request an employee extend their
shift or come in early. If a volunteer cannot be identified to hold over or come in
early, the rotational overtime list will be used.
2) Employees interested in working unplanned overtime will be placed on a
¯"--~Ir~l~,~l~÷i,-,,~l When an overtime shiftrotational overtime list in order of sen~orlty,~.~,..,~ .......order.
is available, a manager or supervisor will call the next.f4r-st-person on the list. If that
person declines the opportunity, is not available, is already workinq, or takes the
overtime, he/she will be placed at the bottom of the list. The lists will be continually
updated in order to rotate the names. There will be separate lists for sergeants and
officers/aqents ....... ~ ...... ,4 ........... ~ ....... ~1~,,~,o fr~r nnnlnnn,-,H r,\l,-,rfim,-, A
-T-he-separate supervisory list will be maintained for aqents interested in workinq
supervisory overtime ,4;";,4",4 ;~÷ ........÷ o~,4 ....÷ o~.1~o Ag............... ~ ..........~ ..............ents will be
offered supervisory overtime positions only if no sergeants have accepted the
opportunity.
3)If the watch commander or supervisor is unable to fill overtime throuqh any of
these procedures, he or she may order an individual to extend their shift, come in
early, or come in on a day off. A Ioq on those required to work mandatory
overtime will be kept in the overtime book. Mandatory overtime should be rotated
in order of reverse seniority.
c)Overtime Minimum. With reqard to both planned and unplanned patrol team
overtime, there is no minimum number of hours. Planned overtime postin.qs and
unplanned overtime will be offered for the actual number of hours needed. If small
blocks of overtime aren’t filled by on-duty personnel addinq them to an existinq shift,
managers may apply a 6-hour minimum to a shift for personnel cominq in on a day
off.
(d) These overtime procedures may be reviewed and/or modified at the mutual
agreement of both management and PAPOA.
40
Section 26. Jurv 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 27. 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 (4) years - For employees completing less than four years continuous
service; (8) Shifts 80 hours vacation leave per year.
(b)Four, but less than nine years - For employees completing four, but not more than
nine (9) years continuous service; 12 Shifts !20 hc’Jrs vacation leave per year.
(c)Nine (9), but less than fourteen (14) years - For employees completing nine (9), but
not more than fourteen (14) years continuous service; (16) Shifts ! ~0 hours vacation
per year.
(d)Fourteen (14), but less than nineteen (19) years - For employees completing
fourteen (14), but not more than nineteen ~years continuous service; (18) Shifts
! 80 hours vacation leave per year.
Nineteen _C!_.~)_or more years - For employees completing nineteen .(_!_9_)_or more
years continuous service; (20) Shifts 200 hours vacation leave per year.
Example: An employee with less than four (4) years workinq a 4/10 Schedule will
receive ei.qht (8) Shifts or eiqhty (80) hours of vacation. The same employee working
the 4/11 Schedule will receive eiqht (8) Shifts or ei,qhty-ei.qht (88) hours of vacation.
Section 28. 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.
41
(b)
(c)
(d)
(e)
(f)
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.
Waiting period. Employees shall complete six months continuous service before
using accrued vacation leave.
Double compensation prohibited. Employees shall not work for the City during
their vacation.
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.
Vacation Cashout. Once each calendar year an employee may cash out eight or
more hours of vacation accrual in excess of 80 hours to a maximum of 120 80_hours,
provided that the employee has taken at least 80 hours as vacation in the previous
12 months at ~"’~"+ +~" ..... ~’~’" "+ ~’ ........ ~"~ "’ ’+
Section 29. Vacation Pay at Termination
Employees leaving the municipal service with accrued vacation leave shall be paid the
amounts of accrued vacation to the date of termination. Payments for accrued vacation
shall be at the employee’s current rate of pay.
Section 30. 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 31. 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.
42
Section 32. 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 8 days 48
hears-sick leave per year may be used for illness lain the immediate family (spouse,
child, parent, parent-in-law, brother, sister, registered domestic partner, or close
relative residing in the household of the employee).
(b)Eli_qibilitv. 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)Us....~.e. 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
43
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 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.
(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. =~;~=~,~_,,u,~.,~. .... ~-,,,~.,-~-~--~ ...... Employees hired
before Auqust 1, 1986 who leave the municipal service k~i__n 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)Personal Business Leave Chargeable to Sick Leave. Up to 2 Shifts (20-Hours for
4/10 employees and 22-Hours for 4/11 employees) 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
44
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 may 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 33. 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)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.
45
(g)
(h)
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 34 (b), (c), (d) and (e).
Military leave of absence. State and federal law shall govern the granting of
military leaves of absence and the rights of employees returning from such absence.
Section 34. 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.
(c)Leave of absence; death in immediate family. Leave of absence with pay of three
days shall 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, step-son, son-in-law daughter, step-dau.qhter,
dauqhter-in-law, father, step-father, father-in-law, mother, step-mother,
mother-in-law, brother, step-brother, brother-in-law, sister, step-sister, sister-in-law,
.qrandmother, .qrandmother-in-law, .qrandfather, .qrandfather-in-law, grandchildren,
aunt, uncle, niece, nephew, mothor-!~-!3w, f3th~r-i~-!~w, 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
46
the City Manager. Approval of additional leave will be based on the circumstances of
each request with consideration given to the employee’s need for additional time off.
(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 35. 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 the barqainin.q unit 3 division tho crg3niz3t!o~ 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 36. Agents
The number of Agent positions shall be governed by the August 12, 1981, Arbitration
Award.
Section 37. Commute Incentives and Parking in Civic Center Garage
Commute Incentives--Represented employees who qualify may voluntarily elect one
of the following commute incentives:
Public Transit. The City will provide monthly Commuter Checks worth the value of:
$40 for employees traveling three or more zones on Caltrain;
$40 for employees using the Dumbarton Express, BART, the ACE train, or
a commuter highway vehicle;
$35 for employees traveling less than three zones on Caltrain;
$35 for employees using VTA, and other buses.
These vouchers may be used toward the purchase of a monthly transit pass.
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Carpool. The City will provide carpool vouchers worth the value of $30 per
month to each eligible employee in a carpool with two or more people. These
vouchers may be used at designated service stations toward the purchase of fuel
and other vehicle-related expenses.
Vanpool Program. The City will provide Commuter Checks worth the value up
to $60 to each employee voluntarily participating in the Vanpool Program. These
vouchers may be used toward payment of the monthly cost. Employees must
fulfill the basic requirements of the Employee Commute Alternatives Program to
qualify.
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.
Parking in the Civic Center Garage--Employees assigned to Civic Center and
adjacent work locations will be provided with 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.
Section 38. 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
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(d)
(e)
from duty immediately with pay 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 disciplinary action;
(2)Effective date of the action;
(3)Statement of the cause thereof;
(4)Statement in ordinary and concise language of the art or the 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.
If the disciplinary action consists of suspension, any suspension time previously
given shall be credited to the final disciplinary action.
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)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.
For the purpose of these sections, the time starts from the time of action followin.q
the Skelly process (day discipline is imposed).
Written requests for the sealing of disciplinary actions should be directed to the
Human Resources Personnel and Training Coordinator.
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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,
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 39. 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 from restraint,
interference, coercion, discrimination or reprisal.
(b)Definition. A Grievance is:
An unresolved complaint or dispute regarding the application or interpretation of
rules, regulations, policies, procedures, Memoranda of Agreement, or City
ordinances or resolutions, relating to terms conditions of employment, wages or
fringe benefits.
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(2)An appeal from a disciplinary action of any kind against an employee covered by
this Memorandum of Agreement.
(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 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.
(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 orthe 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.
~ 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 il. 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
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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.
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.
52
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 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 40. Bulletin Boards and Telephones
The Association shall have access to existing bulletin boards in Unit employee work areas
and to the City e-mail and voice mail systems 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. Emails sent for Association business shall be copied to the
Human Resources Director at distribution.
53
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.
Section 41. 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 42. 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 43. Voluntary Leave Program:
(a)The City of Palo Alto has established a Peace Officer Voluntary Leave Proqram to
provide members of the Palo Alto Peace Officers’ Association, Incorporated
(hereafter referred to as "PAPOA") the opportunity to donate their accrued vacation
time to assist fellow members of PAPOA either due to: (a) an employee’s own
verifiable non-industrial catastrophic illness or iniury (as defined herein) or (b) in
order to care for a member of the employee’s immediate family (spouse, child,
parent or reqistered domestic partner sufferinq from a verifiable catastrophic illness
or iniury) and have exhausted or will presently exhaust all of their paid leave.
In order to be eliqible to receive donated leave, an employee must have a
catastrophic illness or iniury or an employee’s immediate family member must have
a catastrophic illness or iniury that requires the employee to provide full-time care
for this family member. Care will be taken to emphasize the voluntary nature of the
plan and to insure confidentiality of employee participants and medical conditions
(where applicable).
A Peace Officer Voluntary Leave Sharinq Pro.qram has been established to accept
donations of vacation in accordance with the Program’s guidelines. All donations
shall be:
1.Voluntary
2.Irrevocable
3.Confidential, unless disclosure is required by law
54
(b)
(c)
4.In whole hour increments of at least (4) hours, with hours donated being
converted to donee hours based on the donee’s salary rate (so that there will be
no cost to the City due to salary differential)
5.The employee shall be required to exhaust all other types of leave to request
donated leave
6. It is understood that employees seekinq or receivinq leave under this program
will apply for Ionq-term disability benefits for which they may be eligible
Where any of the period durinq which an employee receives donated leave is
designated as family leave under the California Family Rights Act (CFRA) or
Family Medical Leave Act (FMLA), the employee will be eligible for continuation
of medical and other available benefits durinq that family leave period (for up to
12 weeks), in accordance with the requirements of those laws. If the employee
receivinq donated leave is not eligible for CFRA/FMLA benefit continuation, or
after the employee has exhausted the available CFRA/FMLA leave period, the
employee will need to pay the premiums for continued medical and other
available benefits if the employee chooses to continue such coveraqes through
the City.
8. If the donation request is based on the need for an employee to care for an
immediate family member, as defined above, the family member must require
full-time care by the employee. Certification of this requirement by a health care
professional is required.
9. The maximum donated time a donee may receive is 12 months (if available).
10.Applications to donate leave or receive leave under this Proqram are made to
the Human Resources Department.
1 1 .This is a pilot program and is subiect to cancellation by either party.
PAPOA members interested in donating leave or in applying to receive donated
leave shall complete forms provided by the Human Resources Department. If an
applicant for Reave is found to meet the criteria set forth herein, Human Resources
will determine the availability of and (as applicable) allocation of donated paid leave.
Payroll will be notified in writinq of the number of hours to be deducted from each
donatinq employee’s vacation balance and transferred to the donee employee(s).
The City reserves the right to modify or terminate this program at any time.
Catastrophic Illness or Iniury (also referred to as "medical emerqency" in Revenue
Rulinq 90-29 and Sections 801(c) and 812 of the Merit Rules and Requlations): A
non-occupational medical condition of an employee that will require the prolonged
absence of the employee from duty and which will result in a substantial loss of
income to the employee because the employee will have exhausted all paid leave
available apart from the Voluntary Employee Leave Sharing Program. Non-disability
postpartum leave as referenced in Merit Rule 801(b) shall not be considered a
catastrophic illness or iniury under this policy.
55
(d)Nothinq in this section precludes an Association member from utilizinq or
participating in the City’s Voluntary Employee Leave Sharin,q Program.
Section 44. 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.
(e) ~q~Staffing for the University Avenue Street Fair will consist of no less than a 1:1 ratio of
regular officers to reserve officers.
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Section 45. Overtime Meals for Investigative Services Division
Effective July 1,1996, for ISD personnel who are working authorized investigative overtime
extending 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 46. Hiring Incentives
On ° +-=o’ ~"~o=o 3"~’~ o’ ’~’=~’"+ ÷~" "~= .... ÷~ .... +="" ~"’ ~ ........ ÷ "~+ .... ÷=-"~" Qualified lateral
officers, who have a current basic or higher POST certificate, hired during the term of this
agreement may upon City Manager approval:
(a)Accrue vacation leave at a beginning rate equal to the rate they were earning at their
previous employer, subject to a maximum of 160 hours per year with progression to
higher accrual rates as provided in Section 27, Vacation Accrual; and
(b)Begin their employment with the City with a sick leave balance not to exceed 96
hours.
(c)Receive a $10,000 hiring incentive to be paid according to the following conditions
and schedule: $5,000 upon completion of the first year of employment; $2,500 upon
completion of the second year of employment; and $2,500 upon completion of the
third year of employment -r~,,~ ~ .... +~’
t~,.~, o, ,m,-..~-.o÷~,-,~.o .4, ,.~,,. ÷~.~. first ......
(d)Laterals returninq to the Palo Alto Police Department, must have been separated
from the City for a minimum of 2 years to be eliqible for this incentive program.
(e)Based on years of service, level of experience, and educational achievement,
experienced lateral officers may receive a startinq salary at any appropriate level
within the "Police Officer" classification as deemed appropriate by the City Manager
on recommendation of the Chief of Police.
Section 47. Full Understanding
(a)The Memorandum of Agreement contains the full and entire understanding of the
parties regarding the matters set forth herein.
57
(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)
I(d)
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.
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)Prior Aqreements & Side Letters: Upon Implementation of this aqreement, all prior
agreements and side letters become null and void. In any instance where internal
department polices and/or practices are in conflict with this aqreement, this
agreement shall take precedence.
(f)Durinq the term of this Memorandum of Aqreement, Mana.qement may propose
certain chanqes in the City Merit System Rules and requlations. With reqard to such
changes which pertain to the representation unit, the parties aqree to review, and
upon request, meet and confer reqardin,q the chanqes.
(,q)During this a,qreement, the parties agree to look at the feasibility of implementinq an
IRS Section 125 pre-tax medical flexible spending plan for eliqible un-reimbursed
medical, dental, and vision costs.
(h)Durinq the term of this agreement, representatives of PAPOA will meet with
Manaqement to develop the terms and conditions of a le.qally compliant promotional
probationary period for newly promoted a.qents and serqeants. The probationary
period shall end 12 months from the date of promotion. Failure to successfully
complete the promotional probationary period will result in the promoted employee
returning to the previously held rank. The terms and conditions of the promotional
probationary period to be iointly developed will include but not be limited to traininq
durinq the probationary period, performance standards, evaluation process,
remedial, programs, and protection aqainst misuse of promotional probationary
period as a disciplinary measure.
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Section 48. Printed A_~reement
The City will provide copies of the Memorandum of Agreement resulting from these
negotiations in booklet form to all represented employees.
Section 49; Duration
Except as expressly and specifically provided otherwise herein for the retroactive
application of a specific provision(s), this Memorandum of Aqreement shall become
effective upon ratification by both parties hereto and remain in effect throuqh June 30,
2010.
EXECUTED:
FOR:
PALO ALTO PEACE OFFICERS’
ASSOCIATION
FOR:
CITY OF PALO ALTO
Scott Wonq Frank Benest
Ron Watson Russ Carlsen
Donna Arndt Darrell Murray
59
Wayne Benitez Lynne Johnson
Robert Parham Dennis Burns
Douq Keith
Sandra Blanch
David Ramberq
Donald Larkin
Barbara Teixeira
60
PALO ^~ Tt’~ Dt’~l IPi:: nI::D^DTI~I:::I~IT
WORK SH~FTS
61
S!DE A
Team 2!A 0500-!600
S~DE B
Team 2! B 0500 !600
62
Team #2B 0700-!800
N!GHT SH!FT
Team #SA ! 500-0200
’o~" Shi~)
63
(Ear!y b.~ig ht...,~ ~’~+~,,,~
T,~o,-,,, #4B ~ ~nn_n~nn
64
-r,~o,~ ,#5,& ,-;nnn_n’znn
Watch : ~’ ,*ana,~t ....m ouo,., switch
65
The ~’-’" ....;~,,~ h~,, ,to and ~’;~’; .....÷oa:;~,,-, ; ....; ....;l! k,~ ,-,k .....,4 ~,~, both
(~, ,~,;or~
000!-0700 hours
66
67
’’~’’ ~’~"’"’M ~’’~ ~’’’ ~"~"’M ....~"~ ’’~’"~’ ~’ ~’M’’~ -~"’"’M ~3~
68
SWAT DRO
FTO School
I
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÷hon AA kr~,,re ÷ro;~;nn ~vor~nl~
7O
Field Ser;!ces Ol,;is!on Sh!m Assignment Process:
Taor~ #/1~ Or#A~ .~nn_n~nn
Te~m #SA or#SB 2000-0700
71
72
CONCURRENT VACAT!O~’.; AUTHORrZ.AT!ON - OFFICERS AND AGENTS
CONCURRENT VACATION AUTHOR!~.T!ON - SERGEANTS
SELECT!OH PROCESS
73
74
payroll o÷o~ wi!l ’~’~"~’÷ eight,,~..,..h ....o ~’ff~ the,, 1~.,,,,~ .....~,~a ~ ~a~ ~ ~ hours
order t~ , ~ch 8n h .....per .......~a Th....~h,ot~a hours w!ll ~e........~ v ..............~ ..........to or
Unplanned OveR!me
75
to the following:
M~n~m’dm
4 hours
3 hours
76
Time and one ha!f
On!y ~ ........÷ ............~1~ ~ ....
~ ........s+ ~ ,,,r ,~ ,~,-,+1,-,~ o~;~ ......~ .....(! ! ) hour
......... ~ .....................................~, .....; authorized
T
T .....#!n~nn_~ Ann
T’-’am 22 0800 !600 r~ ....
Team 23 1600-2100
Team 2~1900 03n0
Team ~5 2100 0600
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Work q~,h~,,4, ,~,~ Document .......;,~, ;r-,~r-,I ....+,3÷;,--,~ t-,{-I-h~ ÷r;31 n~,rir, rl t-,-~ ÷hie e,’-h~,,-,I, ,1~,
I
78
I
I 79