HomeMy WebLinkAbout2001-09-19 City Council (5)City of Palo Alto
City Manager’s Report
4
TO:HONORABLE CITY COUNCIL
FROM:CITY MANAGER DEPARTMENT: HUMAN RESOURCES
DATE:SEPTEMBER 19, 2001 CMR: 359:01
SUBJECT:APPROVAL OF THE MEMORANDUM OF AGREEMENT,
ADOPTION OF THE RESOLUTION AMENDING SECTION 1601 OF
THE MERIT SYSTEM RULES AND REGULATIONS REGARDING
THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF
PALO ALTO PEACE OFFICERS’ ASSOCIATION AND ADOPTION
OF A COMPENSATION PLAN FOR SWORN NON-MANAGEMENT
POLICE PERSONNEL
RECOMMENDATION
This report recommends Council approval of the attached resolution amending Section 1601
of 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, and
adoption of the attached resolution approving a Compensation Plan for sworn non-
management Police personnel.
DISCUSSION
On August 9, 2001, management representatives reached tentative agreement with the Palo
Alto Peace Officers’ Association (PAPOA) on the terms of a six-year agreement which
includes addition of the 3% at 50 formula retirement benefit. The tentative agreement, which
is consistent with Council authorization, was ratified by the PAPOA membership on
August 27.
The six-year agreement provides for f’trst and second year salary increases of 4.5 percent to
all represented classifications, effective with the pay periods including July 1, 2001 and July
1, 2002. In the subsequent four years, with the pay periods including July 1, 2003, 2004,
2005 and 2006, a formula salary increase will be provided to all represented classifications.
The formula is based on the 12-month increase in the San Francisco-Oakland-San Jose
CMR: 359:01 Page 1 of 3
Consumer Price Index for all urban consumers (CPI U), as measured from June to June each
year. The formula provides for a salary adjustment in years three through six in the amount
of the 12-month CPIU increase, with a minimum of 3% and a maximum of 6%.
A key provision of the agreement includes a new work schedule for the Field Services
Division that is based on an eleven-hour workday. This new schedule reduces the number
of employee commutes and provides flexibility for training while reducing overtime costs
for the deparmaent. Other provisions of the agreement include an increase in special
assignment premiums; added flexibility in the tuition reimbursement program; dental plan
coverage improvements; cost-saving options in the health care plan; a provisional vacation
cash out option; and other non-economic language provisions. The full text of the
agreement, with new provisions highlighted, is attached.
This six-year agreement represents a cooperative effort by PAPOA and management to
remain competitive with benefits offered by other police agencies and to share the significant
cost of the new 3% at 50 retirement benefit over a longer than usual agreement term.
RESOURCE IMPACT
The total cost for salary and salary-related benefits of the first year agreement provisions is
$410,000. Second year costs total $429,000. Costs for year three through year six of the
agreement will be increased based on the 12-month increase in the San Francisco-Oakland-
San Jose Consumer Price Index for all urban consumers (CPI U), as measure from June to
June each year with a minimum of 3% and a maximum of 6%. Funding for the first year of
the contract is provided for in the 2001-02 Budget. Funding for the second through sixth
years will be included in future budgets. The cost of the new 3% at 50 retirement benefit
is approximately $630,000 and will be funded out of the existing budget. This will reduce
the amount that the City budgets for funding the Public Employees Retirement System
(PERS) health plan liability for retirees from approximately $830,000 to $200,000.
POLICY IMPLICATIONS
The memorandum of agreement includes a new retirement benefit but has no other new
policy implications.
ENVIRONMENTAL REVIEW
This is not a project under the California Environmental Quality Act (CEQA).
CMR: 359:01 Page 2 of 3
ATTACHMENTS
A. Resolution Amending Section 1601 of the Merit Rules and Regulations
B. Memorandum of Agreement
C. Resolution Adopting a Compensation Plan for Police Personnel
PREPARED BY: Erica Gindraux, Human Resources Representative
DEPARTMENT HEAD:
\ JAY C. ROUNDS\
Director of Human Resources
CITY MANAGER APPROVAL:
EMIL~RRISO~
Assistant City Manager
CMR: 359:01 Page 3 of 3
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
ADOPTING A COMPENSATION PLAN FOR POLICE NON-
MANAGEMENT PERSONNEL AND RESCINDING RESOLUTION
NOS. 7788, 7838, 7903, 7963, AND 7985
The Council of the City of Palo Alto does RESOLVE as
fol!ows:
SECTION I. Pursuant to the provisions of Section 12 of
Article III of the Charter of the City of Palo Alto, the
Compensation Plan, as set forth in Exhibit "A" attached hereto and
made a part hereof by reference, is hereby adopted for police non-
management personne! effective retroactive to the pay period
including July I, 2001.
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
retroactively from the pay period including July I, 2001 through
June 30, 2007.
SECTION 4. The Director of Administrative Services hereby
is authorized to implement the Compensation Plan adopted herein in
his preparation of forthcoming payrolls. He is further authorized
to make changes in the titles of emp!oyee classifications
identified in the Table of Authorized Personnel contained in the
2001-02 budget if such titles have been changed in the Compensation
Plan.
SECTION 5. Resolution Nos. 7788, 7838, 7903, 7963, and
7985 are hereby rescinded.
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010912 cl 0032485 1
SECTION 6. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Asst. City Attorney
City Manager
Director of Administrative
Services
Director of Human Resources
010912 c10032485 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1601 OF THE MERIT SYSTEM RULES
AND REGULATIONS REGARDING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND THE
PALO ALTO PEACE OFFICERS’ ASSOCIATION
The Council of the City of Palo Alto does RESOLVE as
follows:
SECTION I. Section 1601 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1601. Memorandum of agreement incorporated by
reference. That certain memorandum of agreement
by and between the City of Palo Alto and Palo Alto
Peace Officers’ Association, consisting of
Preamble and Sections 1 through 50, and Appendix
A, for a term commencing July I, .2001, and
expiring June 30, 2007, is hereby incorporated
into these Merit System Rules and Regulations by
reference as though fully set forth herein. Said
memorandum shall apply to all employees in
classifications of police officer trainee, police
officer, police agent, and police sergeant, except
where 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 provided for in this resolution
shall not affect any right estabiished or accrued, or any Sffense
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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010912 cl 0032486 !
SECTION 3. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmental impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Senior Assistant City Attorney
City Manager
Director of Human Resources
010912 cl 0032486 2
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
AMENDING SECTION 1401 OF THE MERIT SYSTEM RULES
AND REGULATIONS REGARDING THE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL
715A, SEIU, AFL-CIO, CLC
The Council of the City of Palo Alto does RESOLVE as
fol!ows:
SECTION I. Section 1401 of the Merit System Rules and
Regulations is hereby amended to read as follows:
"1401. Memorandum of agreement incorporated by
reference. That certain memorandum of agreement
by and between the City of Palo Alto and Local
715A, SEIU, AFL-CIO, CLC, consisting of a Preamble
and Articles I through XXVII and Appendices A
through E, attached thereto and incorporated
therein, for a term commencing May i, 2001, and
expiring April 30, 2004,~ as amended by the
"Tentative Agreement" dated August I0, 2001, is
hereby incorporated into these Merit System Rules
and Regulations by this reference as though fully
set forth herein. Said "Tentative Agreement"
revises Article III of the memorandum of agreement
to implement an Agency Shop Arrangement. The
memorandum of agreement, as amended, shall apply
to all employees in classifications represented by
said Local 715A, SEIU, AFL-CIO, CLC, except where
specifically provided otherwise herein.
In the case of conflict between this chapter and
any other provision(s) of the Merit System Rules
and Regulations, this chapter wil! prevail over
such other provision(s) as to emp!oyees
represented by said Local 715A, SEIU, AFL-CIO,
CLC."
SECTION 2. The changes provided for in this resolution
shall not affect any right established or accrued, or any offense
or act committed, or any penalty of forfeiture incurred, or any
prosecution, suit, or proceeding pending or any judgment rendered
prior to the effective date of this resolution.
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010912 cl 8120231 1
SECTION 3. The Council finds that this is not a project
under the California Environmental Quality Act and, therefore, no
environmenta! impact assessment is necessary.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
Asst. City Attorney
City Manager
Director of Human Resources
010912 cl 8120231 2
CITY OF PALO ALTO
COMPENSATION PLAN
POLICE EMPLOYEES
EFFECTIVE: Pay period including July 1,
through June 30,
COMPENSATION PLAN FOR THE CITY OF PALO ALTO
Police Department
SECTION I. SALARY
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, , a 59/o increase at the Fifth-Step will
be applied to the Police Trainee, Police Officer, Police Agent, and Sergeant salary ranges.
applied ÷"
Effective with the pay period including July 1,4-999
applied to the salary ranges of all represented cb~sifie’~2iens
increase at the Fifth Step will be
Effective with the pay period including July 1,2-000
be applied to the salary ranges of all represented claszificatiens
increase at the Fifth Step will
, a 244,
Fifth Step will be applied to the salary ranges of all represented cl~sificatiens
2
atthe
B.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."
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.
A.Overtime and In-Lieu Holiday Pay
Compensation for overtime work and scheduled work on paid holidays shall be in conformance with the
Merit Rules and Regulations and Administrative Directives. Compensatory time off subject to the
limitations of the Fair Labor Standards Act which is approved by management in lieu of overtime payment
on a staffing available basis will be taken at the rate of 1 1/2 hours for every hour of credited overtime.
B.Working Out of Classification
Within each fiscal year, after two complete shifts have been worked in a higher classification, employees
shall receive a seven percent premium for all subsequent shifts worked out of classification.
C.Night Shift Differential
Night shift differential shall be paid at the rate of 5% to represented classes for all hours worked between
6:00 p.m. and 8:00 a.m. Vacation ~~ pay for employees who regularly work night
shifts shall include appropriate night shift premiums, relating to night shift hours regularly worked.
I).E. 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;
4
$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.
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.
Personal Development Program
Pursuant to administrative rules governing eligibility and qualification the following may be granted to
sworn police personnel:
P.O.S.T. Intermediate Certificate: 5% above base salary
P.O.S.T. Advanced Certificate: 7 1/2% above base salary
Tuition ~P ~~ Reimbursement
~.~the City will reimburse ~
te $500 ef ÷&e ~m"o~.~~ mo~’Lm"~.’z-~ may be v.sed for rek~b~s~g ~e p~ch~e of work-related books,
pefiodicNs, ~ professionN ~sociation membersNps, ~ job-related computer so~ae, ~ hadwae,
. To be
eligible for reimb~sement, expendi~es must be for ~ai~g or matefi~s w~ch con~bute to c~ent job
peffo~ce or prep~e ~e employee for o~er CiW positions.
5
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.
Asseciafien members may use tuition reimbursement to attend 2:.~ training
during ,,o_n,,.,,w~ ~_~ +;"~...~v. If Asscciatien representation unit
members wish to attend training on scheduled work days, alternate work days may be granted by
Management when staffing allows.
Court Appearances
Sworn Police Personnel appearing in court for the People shall be compensated as follows:
Period Rate Minimum
1. Appearance on scheduled Time and 4 hours
day off.one-half
2. Any or all court time Straight time None
during scheduled shift, or during shift,
court time is immediately time and one-
beginning or following half for periods
shift,before or after
scheduled shift
3. For other than first watch Time and one-
employees, appearance on half
scheduled work day but not
during, immediately before
or after scheduled shift.
2 hours (2 hr.
min. may not run
into shift time)
4. Appearance on scheduled . Time and one- 3 hours
work day by .employees half
assigned to first watch.
6
t4.2. Group Insurance
1. Health Insurance
The City shall pay all premium payments on behalf of employees and dependents who are eligible for
the employee-selected Public Employees’ Medical and Hospital Care Act (PEMHCA) optional plan.
a. Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic parmers who meet the requirements of the City
of Palo Alto Declaration of Domestic Parmership, and are registered with the Human Resources
Department, will be eligible for reimbursement of the actual monthly premium cost of an
average monthly premium cost of individualindividual health plan, not to exceed the ~ ~ ~ ....
coverage under the PEMHCA health plans. Evidence of premium payment will be required with
request for reimbursement.
b.Retiree Medical Provisions.
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will be
made as provided under the Public Employees’ Medical and Hospital Care Act.
2. Dental Insurance
7
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
parmers as defined under Section 1.a.
b. Effective beginning July 1, 1985, the City provided a 50% of reasonable charges, $1500 lifetime
maximum orthodontic benefit for representation unit employees and their dependents.
Co
Vision Care
Effective beginning September 1, 1989, the City will offer vision care coverage for employees and
dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service Plan, with
monthly premiums paid by the employer. Effective July 1, 1996, dependents will include domestic
partners as defined under Section 1.a.
4. Life Insurance
Per Pay Period Per Month (Approx)
Basic Life Insurance (per
$1000 of coverage) not to
exceed amount indicated on
existing plans
$.13 $.289
LJ.Uniforms P-~cho~e P!o~.
Directives.
~.N. Retirement
1.Effective beginning July 1, 1983 the City paid seven percent (7/9ths) of the employee’s nine percent
Public Employees’ Retirement System contribution costs.
2.Effective beginning with the pay period including September 1, 1984 the City increased the pick-up of
employee PERS contributions fxom 7% to 9%.
Notwithstanding subsections 1. and 2. above, upon filing a notice of retirement, the 9% City-paid PERS
contribution will be converted to a salary adjustment of equal amount on a one-time irrevocable basis
for the final twelve months immediately prior to a retirement,
,4
In order to continue after June 30, 1994, the provisions of Section 3 of this article, as soon as possible
following ratification of this agreement, the City will contract with PERS to provide "Reporting the
Value of Employer-Paid Member Contributions as Compensation in Employees’ Final Compensation
Period by Contract Amendment (Government Code Section 20615.5)."
Effective upon termination of PERS contract amendment Reporting the Value of Employer-Paid
Member Contributions as Compensation in Employees’ Final Compensation Period (Government Code
Section 20615.5):
a.The City will discontinue payment of PERS Employee Contributions (EPMC) and discontinue all
provisions of Sections 1, 2 and 3.
b. The City will increase the base pay of all represented classes by 9%.
c. Employees in all represented classes will make PERS member contributions by payroll deduction.
d.The City will provide for member contributions to be made as allowed under provisions of IRS
Code Section 414(h)2.
Employee Referral Program
Effective March, 8, 1999 and subject to administrative policies and procedures, the Employee Referral Program
provides cash award in the amount of $1500 for the referral, and subsequent hiring, of qualified candidates for
designated positions which have been identified as difficult to fill by the Director of Human Resources. An
initial award of($750) will be given to the referring employee when a referral candidate is hired. The remaining
balance ($750) will be credited at the successful completion of the new employee’s probationary period, provided
that the referring employee and new hire are still active employees. This is an 18-month trial program.
Backup Child Care
The City of Palo Alto will provide Backup Child Care through a third-party provider, in accordance with the
"City of Palo Alto Backup Child Care Plan."
Ii
~-~J0~-
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) 329-2588 (650) 329-2406
TABLE OF CONTENTS
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Recognition
No Discrimination
Association Security
Payroll Deduction
No Strikes
Probationary Period
Salary Provisions
Night Shift Differential
Paid Holidays
Working Out of Class Pay
Education Incentive Program
Tuition Reimbursement
Dependent Care Assistance Program
Court Pay
Health
Dental Benefits
Life Insurance Benefits
Effective date of Coverage for New Employees
Retirement Benefits
Retirement Medical Plan
1
1
2
2
2
2
3
5
7
7
7
8
8
9
10
10
10
10
12
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31.
Section 32.
Section 33.
Section 34.
Section 35.
Section 36.
Section 37.
Section 38.
Section 39.
Section 40.
Section 41.
Psycholoaical Counselin~q Program
Uniforms
Work Schedule
Field Services Division Shift Assignment
Overtime Pay and Compensatory Time Off
Overtime Si~qn-Up
Jury Duty
Vacation Accrual
Use of Vacation
Vacation Pay at Termination
Vacation Benefits for Deceased Employees
Effect of Extended Military Leave
Sick Leave
Leaves of Absence Without Pay
Leave of Absence With Pay
Reduction in Force
A,qents
Parking in Civic Center Garage
Disciplinary Action and Unsatisfactory Work or Conduct
Grievance Procedure
Bulletin Boards and Telephones
12
12
13
15
15
16
17
17
17
18
18
18
19
21
22
23
23
23
24
26
29
Section 42. Access to Association Representatives
Section 43. Meeting Places
Section 44.
Section 45.
Section 46.
Section 47.
Section 48,
Section 49,
Section 50.
APPENDIX A.
Police Officer Trainee Classification
Utilization of Reserves for Field Services Division Events
Overtime Meals for Investigative Services Division
Hirinq Incentives
Full Understanding
Printed Agreement
Duration
4/11 WORK SCHEDULE DOCUMENT
30
30
30
30
31
31
31
32
32
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iii
MEMORANDUM OF AGREEMENT
CITY OF PALO ALTO and PALO ALTO PEACE OFFICERS’ ASSOCIATION
July 1, -1-998 ~001~- June 30,
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. Reco_clnition
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 completion of Police Academy training. The probationary period
2
(b)
(c)
for lateral entry positions, where Police Academy training is waived, shall be
12 months.
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.
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)Effective with the pay period including ~uly 1; 200! a ~i5% inci~e~S~ at the
5th-Step will be applied to the Police Trainee, Police Officer, Police Agent,
and Sergeant salary ranges.
Effective with the pay period including JU!~!~ 2002,.a~4~5%~ln.¢]eas~ at the
5th-Step will be applied to the salary ranges of all represented classes.
Effective~ith the payperiod including July 1, 2003, a formula increase at the
5th-Step will be applied to the salary ranges of all represented classes. The
U as measured inJune~2003, provided that the minimum Jn_creasewi!! be
3% a~d, the maximum increase wil!~ be 6%,
Effectivewith ithe pay pedod including July1, 2004, a formula increa~ at the
5th-Step will be applied to the salary ranges of all represented classes; The
amount of the formula increase will be equal to the twelve-month percentage
change(from June, 2003) in the San Fra~ncisco’Oaldand-SanJoSe, CA CPi-
Uas measured in June, 2004, provided that the minj, mumigcrease wii| be
3% and the maximum ~!ncrease will be6%,
amount of the formula increase will be equal to the twelve-month percentage
change (from June, 2004) in the San Francisco-OakJand-Sa ~n Jose, CA CP!-
3
(b)Special assignment premium pa¥,~,
Effective with the pay period including ~ulyl, 2001, biweekly premium pay for
employees assigned to the indicated specialties will be as follows:
Field Traininq Premium: 5~f b~Se payper pay period ""’~"÷; ......;÷~, ÷~, .....
,.,,.,~,,,.4;,.,,., n~,-.,.,,.,.,~,. 4 1998 $I 18 " ......,..,,~,.;,.,,4 ,,,.r.,,,,,÷;,,~ ,,,;÷~ ÷~c .......;,-,,.4
~pplie~. to ~nagemeSt-assigned Officers and Agents ~diTraffi~il,
members during each PaY period in which they provide training to police recruits,
~omm~itY 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, ~ SeWic~ rs or Level II reserve
officers who are working on their Level I certificate.
Court Liaison Premium: 5% of basepay per pay period. "-~"’-*;’"~ w!th *~’ .....
~,,v~ ,,,~,~,,,~ v~,3 , ,v~v.~, ,~ W~, ff~] W~,,v~ v.,~v.,.v .. ......,~ W~] Wv,,v.,
Applies to Court Liaison Officer or Agent during period of active assignment.
=,,, ~ ,’~":n-ua’ Premium: ~-~o u. ,,,=.~= ~x per pay ~, , ,.,"er;o
=,v,~,,,~ v~,] ~ .v~. ~, Wv, W~] Wv,,v~ v,,~v.,.v ..,.,, .,.v W~3 Wv,,v~ ,,,v,~,,,~
4
such other languages as determined by management.
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 22(c) 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 a~d~ilrliistrativ_e !~aVe pay for employees who regularly work night shifts shall
include appropriate night shift premiums, relating to night shift hours regularly worked.
Section 9. Paid Holidays
(a)
(b)
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.
Except for those employees covered under ~e~io89 (c), all represented employees
must be in a pay status on the work day preceding a holiday to be eligible to be
compensated for the holiday.
(c)The following pertains only to represented employees assigned to a field services
watch.
Effective with the pay period including July 1, 1995, employees shall not receive
paid holidays, but in lieu thereof shall receive 4.19 hours straight time pay, while in
a pay status, to a maximum payment of 109 hours per year.
In-lieu hours may be taken as pay or time off. Eligible employees will elect, at the
beginning of each fiscal year, the manner in which the in-lieu hours will be taken.
Hours under this provision will accrue each pay period while in a pay status and will
be paid semi-annually. 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. Such time off which is elected under this provision, but
unused, will be paid off at the end of the fiscal year.
5
(d)
(2)
All such employees shall have the following days off with 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
designed for purposes of the holiday.
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.
6
Section 10. Working Out of Class Pay
Within each fiscal year, after two complete shifts have been worked in a higher
classification, employees shall receive a seven percent premium for all additional shifts
worked out of classification.
Section 11. Education Incentive Program
To encourage individual development through a comprehensive incentive program,
achievement of the POST Intermediate Certificate and the POST Advanced Certificate
shall provide a premium of 5% and 7-1/2%, respectively, to the base salary of the affected
employee.
Section 12. Tuition ~÷nd Pt0fe~si~d~i:Equ~i~me~t Reimbursement
(b)
(c)
training or materials which contribute to current job performance or prepare the
employee for other City positions.
Requests for tuition reimbursement will be determined to be taxable unless sufficient
documentation is provided on how the course or seminar is related to improving
performance in the employee’s current position. This documentation will be
interpreted so as to maintain the spirit and purpose of the tuition reimbursement
program and to comply with Internal Revenue Code regulations. Reimbursement
requests may be submitted at any time, but will be batch processed on a periodic
basis.
With regard only to POST-reimbursable training which is approved in advance by
Management, 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.
7
(d)
time. 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 Pro_clram. 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 appearing in court for the People will be compensated according
to the following:
Period Rat__.~e Minimum
(a)Appearance on scheduled Time and one-half 4 hours
day off.
¯ (b)Any and all court time Straight time during None
during scheduled shift shift, time and one-
or court time is imme-half for period before
diately preceding or or after scheduled
following a shift,shift.
c)For other than first
watch employees,
appearance on scheduled
work day but not during,
immediately before or
immediately after
scheduled shift.
Time and one-half 2 hours (2-hour
minimum may not
run into shift)
(d)Appearance on scheduled
work day by employees
assigned to first watch.
Time and one-half 3 hours
8
Section 15. Health Plans
(a) PEMHCA Health Plan
During the term of this Memorandum of Agreement, the City will pay the entire
monthly premium contributions for employees and dependents eligible for the
employee-selected PEMHCA optional plan. Both parties acknowledge that in future
years the City contribution for PEMHCA premiums may be an issue.
(b)Effective beginning September 1, 1989, the City will offer vision care coverage for
employees and dependents. Coverage is equivalent to $20 deductible Plan A under
the Vision Service Plan, with monthly premiums paid by the employer. Effective July
1, 1996, dependents will include domestic partners, as defined under Section 16 (c).
(c)Active Employee Domestic Partners
Effective July 1, 1996, active employee domestic partners who meet the requirements of
the City of Palo Alto Declaration of Domestic Partnership, and are registered with the
Human Resources Department, will be eligible for reimbursement of the actual monthly
premium cost of an individual health plan, not to exceed the ~~m monthly
premium cost of individual coverage under the PEMHCA health plans.Evidence of
premium payment will be required with request for reimbursement.
(d)City Options-At_.City option during the life of this agreement ~nd .~ othe~i~se
Purs~an~ t~ ~PERS contract amendment, the City may implement a retiree
..... medical vesting schedule for new employees ~hired a~er the effec~edat~.e off,the
9
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.
(b)Effective July 1, 1985, the City will provide a 50% of reasonable charges, $1,500
lifetime maximum orthodontic benefit for representation unit employees and their
dependents.
(c)Effective July 1, 1996, dependents will include domestic partner, as defined under
Section 16 (c).
(d)During the term of the agreement, the City and the Union will work together to review
benefit provisions of the City’s self-funded dental program. "[’he purpose of this
review is to contain benefit cost increases. Joint recommendations will be prepared
for discussion during successor agreement negotiations.
(e)
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.
Secti0~18; Effective dateof coverage fop New Employees
Section 19. Retirement Benefits
(a)
10
(b)Effective July 1, 1983, the City shall pay 7% of the employee’s retirement contribution
costs.
(c)The City will increase the pick-up of employee PERS contribution from 7% to 9%
effective with the pay period including September 1, 1984, which benefit will continue
through the life of this Agreement through June 30, 1988, and its continuance or a
modification of the existing provision may be subject to negotiation at the request of
either party.
(d)For purposes of negotiation and arbitration proceedings hereafter, the payment by
the City of the employee’s contribution shall be deemed a 7% adjustment in salary
for the year July 1, 1983 through June 30, 1984, and a 2% adjustment in salary for
the ten months, September 1, 1984 through June 30, 1985.
(e)Notwithstanding subsections (b) through (d) above, upon filing a notice of retirement,
the 9% City-paid PERS contribution will be converted to a salary adjustment of equal
(f)In order to continue after June 30, 1994, the provisions of Section 19(e) of this
Article, as soon as possible following ratification of this agreement, the City will
contract with PERS to provide "Reporting the Value of Employer-Paid Member
Contributions as Compensation in Employees’ Final Compensation Period by
Contract Amendment (Government Code Section 20615.5).
(g)Effective upon termination of PERS contract amendment "Reporting the Value of
Employer-Paid Member Contributions as Compensation in Employees’ Final
Compensation Period" (Government Code Section 20615.5):
11
(1)The City will discontinue payment of PERS Employee Contributions (EPMC)
and discontinue all provisions of Section 19 (e).
(2)The City will increase the base pay of all represented classes by 9%.
(3)Employees in all represented classes will make PERS member contributions
by payroll deduction.
(4)The City will provide for member contributions to be made as allowed under
provisions of IRS Code Section 414(h) 2.
(h)Military Service Credit. Effective as soon as possible, the City will amend its
contract with the Public Employees’ Retirement System to provide for Section
20930.3, Military Service Credit as Public Service.
Section 20. Retirement Medical Plan
Monthly City-paid premium contributions for a retiree-selected PEMHCA optional plan will
be made in accordance with the Public Employees’ Medical and Hospital Care Act
Resolution.
Section 21. Psychological Counseling Pro_clram
The psychological counseling program currently in effect shall be continued. The program
shall provide 24-hour emergency counseling by independent professional consultants.
Section 22. Uniforms
(a)The City will supply complete uniforms to all sworn personnel. All uniform items are
the property of the City. One complete uniform consists of: (1) three pair of trousers,
(2) three short-sleeved shirts with patches and zippers if desired, (3)three
long-sleeved shirts with patches and zippers if desired, (4) three turtleneck shirts, (5)
hat, (6) duty jacket with patches, (7) dress jacket with patches, (8) dress shirt, (9)
necktie, and (10) rain gear.
12
(b)At the time of initial employment, every sworn employee will be issued one complete
uniform. Uniform items will be replaced on an as-needed basis subject to verification
by management.
(c)The City shall provide uniform cleaning for sworn representation unit personnel.
(d)Personnel are accountable for all uniform items issued to them. If a particular item
is lost or damaged due to employee negligence, the employee will be required to
reimburse the City for value of the item(s) lost or damaged.
(e)The City shall reimburse employees 75~...,....,,.’~÷ ~’~... ÷~"~.,,..i cost of job-related
Section 23. Work Schedule
(a)Field Services~ DiVision 10/4 Schedule,_-The ten hour day/four day work week
schedule shall continue for all sworn Field Service Division employees.
(1).The present days off rotation system shall remain in effect, except that
effective January 1, 1992, the weeks beginning with "Sunday, Monday,
Tuesday off" shall be eliminated, and the rotation shall advance directly from
"Saturday, Sunday, Monday, Tuesday off" to "Monday, Tuesday, Wednesday
off".
(2)A maximum of two fixed days off positions may be established on each watch,.
at employee’s request. One position on each shift will have Sunday, Monday
and Tuesday off, and one position will have Thursday, Friday and Saturday
off. Alternatively, other fixed days off for the two positions on each shift, with
opposing days off, may be established. These alternative fixed days off shall
be mutually agreed upon by the employees and management.
13
(b) Traffic Division and Special Events Sergeant-Sworn members of the Traffic
Division shall work a ten-hour day, four-day workweek schedule. The Special Events
Sergeant shall be included under the provisions of Subsection (c).
Complete details irelating t0 Other ~MOAand Department poliCieS that are affected by the
4/11 work schedule- are contained in the separate 4/11 ~.Work Schedule
...... (1) WOrk Schedule-The teh hoUrs Shall be W0rked be~een the hours of 0700
900; with ~pe~if!~ Schedules subject aPPrOpriate
SUpeWisio~; 7The ten,hour work schedu!e Shall be w0rked ~i~in a period of
te~ ;houm, with; a .w0rking lunch pedod .n0t to
’ altematiVe~with;ianage~ent
~ltemati~s ~J!! .require Prior approval; by Management;
14
(e)0Ur,Tra|ningSch~ul~For all sworn employees who attend week long (40
hour) training, for the week during which they attend training, their shift reverts to an
8-hour/5-day schedule. Schedule changes must be documented prior to attendance
at training program.
Section 24. Field Services Division Shift Assiqnment
All Field Services Division personnel shall bid annually by classification seniority for the
shift of their preference.
Management shall determine the number of Sergeants, Agents and Officers to be assigned
to each shift. Field Training Officers, FTO Sergeants, and probationary employees shall
be subject to administrative assignment.
Officers, Agents and Sergeants may remain on the same shift for two consecutive years
based upon classification seniority. However, after a two-year period, an employee may
only remain on the same shift if a vacancy exists subsequent to the bidding process or on
the basis of a trade which is mutually agreeable to the involved employees and
management.
Section 25. Overtime Pay and Compensatory Time Off
(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 assignments as defined under Section 7(b).
(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
15
every hour of credited overtime. Beginning January 1, 1999, 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
Employees not otherwise excluded from receiving overtime pay who are 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 26. Overtime Si_cln-Up
(a)
(b)
(c)
Unplanned Overtime. Unplanned overtime is overtime for work that needs to be
accomplished on an immediate basis. Immediate is usually defined as having five
or fewer days notice. Employees interested in working unplanned overtime will be
placed on a rotational list in alphabetical order. When an overtime shift is available,
a manager or supervisor will call the first person on the list. If that person declines
the opportunity, is not available, or takes the overtime, he/she will be placed at the
bottom of the list. The list will be continually updated in order to rotate the names.
There will be separate lists for supervisory and non-supervisory positions for
unplanned overtime. The supervisory list will be divided into sergeant and agent
sections. Agents will be offered supervisory overtime positions only if no sergeants
have accepted the opportunity.
Planned Overtime. Planned overtime includes watch staffing, special events,
traffic control functions or other unplanned overtime situations which allow for more
than five days’ notice. On or about the first of each month, watch commanders will
project a list of dates/shifts requiring overtime for the month. A master overtime sign-
up sheet will be maintained in the Field Services Division. On or about the third of
each month, the master list will be available for review and sign-ups by employees.
Those desiring overtime are limited to one opportunity per month; however, an
individual may sign up as an alternate in those cases when no one else signs up for
a particular opening. Agents may only sign up for supervisory overtime as an
alternate. In the event that a planned overtime opportunity is not filled four days prior
to the date of the event, a manager or supervisor shall fill the slot using the
unplanned overtime procedure.
These overtime procedures may be reviewed and/or modified at the mutual
agreement of both management and PAPOA.
16
Section 27. Jury Duty
No employee shall be required to work a combination of jury duty and work time to exceed
12 hours during a 24-hour period. The period shall commence at the required time of
appearance for jury duty. Jury duty is defined as the time between required time of
appearance and dismissal. Work time excused as a result of jury duty will be
compensated at the regular rate of pay.
Section 28. Vacation Accrual
Vacation will be accrued when an employee is in pay status and will be credited on a
bi-weekly basis. Such accrual and credit shall not exceed three times the annual rate of
accrual. Each eligible employee shall accrue vacation at the following rate for continuous
service performed in pay status:
(a)Less than four years - For employees completing less than four years continuous
service; 80 hours vacation leave per year.
(b)Four, but less than nine years - For employees completing four, but not more than
nine years continuous service; 120 hours vacation leave per year.
(c)Nine, but less than fourteen years - For employees completing nine, but not more
than fourteen years continuous service; 160 hours vacation per year.
(d)Fourteen, but less than nineteen years - For employees completing fourteen, but not
more than nineteen years continuous service; 180 hours vacation leave per year.
(e)Nineteen or more years - For employees completing nineteen or more years
continuous service; 200 hours vacation leave per year.
Section 29. Use of Vacation
(a)
(b)
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.
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.
17
(c)Waitinq period. Employees shall complete six months continuous service before
using accrued vacation leave.
(d)Double compensation prohibited. Employees shall not work for the City during
their vacation.
(e)Vacation splitting. It is the intention of the City that vacation be taken in units of
one week; however, with the approval of the department head, an employee may
use one week of his/her accrued vacation in any calendar year in units of less than
one work week, but in no instance in units of less than one-half of the normal
workday or shift. Requests for exception to this procedure must be approved by the
City Manager.
Section 30. Vacation Pay at Termination
Employees leaving the municipal service with accrued vacation leave~,..,~"~ ,,,k,~,...,, =""
~;;C ’::eek~ net!co of the!r !nto~t!o~ to term!hate shall be paid the amounts of accrued
vacation to the date of termination !n ~’"";~ ........ ~,,~,., ,, ........ u~,
. ......~÷;~"~., ... ,,, Payments for
accrued vacation shall be at the employee’s current rate of pay.
Section 31. Vacation Benefits for Deceased Employees
An employee who is eligible for vacation leave and who dies while in the municipal service
shall have the amount of any accrued vacation paid to the employee’s estate within thirty
days. This proration will be computed at the last basic rate of pay.
Section 32. Effect of Extended Military Leave
An employee who interrupts his service because of an extended military leave shall be
compensated for accrued vacation at the time the leave becomes effective.
18
Section 33; Sick Leave
(a)Statement of Policy. Sick leave shall be allowed and used only in case of actual
personal sickness or disability, medical or dental treatment, or as authorized in
Subsection 33 (e), personal business chargeable to sick leave. Up to ~ hours sick
leave per year may be used for illness In the immediate family (spouse, child, parent,
parent-in-law, brother, sister, registered domestic partner, or close relative residing
in the household of the employee).
(b)Eliqibilitv. 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
19
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. Eligible employees who leave the
municipal service In good standing, or who die while employed in good standing by
the City, and who have fifteen or more years of continuous service shall receive
compensation for unused sick leave hours in a sum equal to two and one-half
percent of their unused sick leave hours multiplied by their years of continuous
service and their basic hourly rate of pay at termination. For all employees entering
the service of the City prior to March 2, 1983, full sick leave accrual will be paid in the
event of termination due to disability. For all employees hired after August 1, 1986,
sick leave accrual accumulation shall be limited to 1,000 hours with no payoff
provision for unused balance at termination.
(i)Personal Business Leave Chargeable to Sick Leave. Up to 20 hours per year of
personal business leave may be chargeable to sick leave.
Return to Work or Continue Work With Limited/Alternative Duty. In cases of
non-work-related injury, illness or pregnancy, an employee, upon approval of the
department head, City Risk Manager and the employee’s doctor, may elect to return
to work or continue work with doctor-approved limited or alternative duty. Approval
for such limited/alternative duty shall be based upon department ability to provide
work consistent with medical limitations and the length of time of the limitations. Shift
employees must be willing to accept any non-shift limited duty schedule work
20
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 34. Leaves of Absence Without Pay
(a)Disability. Leaves of absence without pay may be granted in cases of disability not
covered by sick leave. Pregnancy will be considered as any other disability. Leaves
of absence for disability are subject to physicians’ verification including diagnosis and
medical work restriction.
(b)Other leaves. Leaves of absence without pay may be granted in cases of personal
emergency or when such absences would not be contrary to the best interest of the
City. Non-disability prenatal and/or postpartum leave is available under this
provision, but such leave shall not begin more than six months prenatal nor extend
more than six months postpartum.
(c)During unpaid leaves of absence for disability or other reasons, the employee may
elect to use accrued vacation credits. Requests for leaves without pay shall not be
unreasonably denied. In order to avoid misunderstandings, all leaves without pay
must be in writing to be effective.
(d)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. Leavewithout 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).
21
(h)Military leave of absence. State and federal law shall govern the granting of military
leaves of absence and the rights of employees returning from such absence.
Section 35. Leave of Absence With Pay
The City Manager may grant a regular employee under his/her control a leave of absence
with pay for a period not exceeding thirty calendar days for reasons he/she deems
adequate and in the best interest of the City.
The City Council may grant a regular employee a leave of absence with pay for a period
not to exceed one year for reasons the Council considers adequate and in the best interest
of the City.
(a)Subpoenas; leave of absence. Regular employees who are subpoenaed to appear
as witnesses in behalf of the State of California or any of its agencies may be
granted leaves of absence with pay from their assigned duties until released. The
employee shall remit all fees received for such appearances to the City within thirty
days from the termination of his or her services. Compensation for mileage or
subsistence allowance shall not be considered as a fee and shall be retained by the
employee.
(b)Employee’s time off to vote. Time off with pay to vote at any general or direct
primary election shall be granted as provided in the State of California Elections
Code, and notice that an employee desires such time off shall be given in
accordance with the provisions of said Code.
(c)Leave of absence; death in immediate family. Leave of absence with pay of three
days may be granted an employee by the head of his or her department in the event
of death in the employee’s immediate family, which is defined for purposes of this
section as wife, husband, son, daughter, father, mother, brother, sister,
mother-in-law, father-in-law, 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.
(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
courtl provided the employee remits to the City all fees received for such duties other
than mileage or subsistence allowances within thirty days from the termination of
his/her jury service.
22
Section 36. Reduction in Force
In the event of reductions in force, they shall be accomplished wherever possible through
attrition.
If the work force is reduced within a division for reasons of change in duties or
organization, abolition of position, shortage of work or funds, or completion of work,
employees with the shortest length of service will be laid off first so long as employees
retained are fully qualified, trained and capable of performing remaining work. Length of
service for the purpose of this article will be based on total City service in a regular
classification or classifications. Employees laid off due to the above reasons will be given
written notice at least thirty days prior to the reduction in force. A copy of such notice will
be given to the Association.
Section 37. Agents
The number of Agent positions shall be governed by the August 12, 1981, Arbitration
Award.
Section 38. 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~,3"l~e City w!!!pr0vide monthlyC0mm hec~ worth thevalue
$40 for employees traveling three or more zones on Caltrain;
$40 for employees using the Dumba~o.n ~p~e_.ss, BABT,the, ACE trai~, or
a commuter highway vehicle;
$35 for employees traveling less than three zone~, o Itrai!i;
$35 foremp!oyees~using VTA, and 0the[
Thesevouchersmay .be used toward the pumhase onth!ytransit pas_s:
Carpool. The City will provide carpool vouchers worth the valUe of $30 per
month to each eligible employee in a carpool with twoormore people. These
vouchers may be used at designated se onsit0ward ~the pur_c ~ba~eof fue!
23
Parking in the Civic Center Garage--Employees assigned to Civic Center and
adjacer~t work locations ~,i!!:~e~pr~vi_d~d 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 39. Disciplinary Action and Unsatisfactory Work or Conduct
(a)Except as provided in Section 6 (Probationary Period) of this agreement, no
employee shall be disciplined without just cause. For the purpose of this section,
"discipline" shall be deemed to include discharge, demotion, reduction in salary,
written reprimand, disciplinary probation and suspension. Discipline shall be deemed
not to include verbal reprimands or reductions in force.
(b)Non-probationary employees whose work or conduct is unsatisfactory but not
sufficiently deficient to warrant discipline, demotion, or discharge will be given a
written notification of unsatisfactory work or conduct and an opportunity to improve.
Failure to correct deficiencies and improve to meet standards may result in
discipline, demotion or discharge.
(c)Notice of disciplinary action must be in writing and served on the employee in person
or by registered mail prior to the disciplinary action becoming effective. However, in
extreme situations where there is reasonable cause, the employee may be removed
from pay status immediately pending such disciplinary action. The notice must be
filed on a timely basis with the Human Resources Department and included in the
employee’s personnel file. The notice of disciplinary action shall include:
(1) Statement of the nature of the disciplinary action;
(2) Effective date of the action;
24
(d)
(e)
(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.
Written requests for sealing of disciplinary actions should be directed to the Human
Resources and Training Coordinator.
Sealing shall include all memos, letters, correspondence, complaint forms, any other
material pertaining to the disciplinary action that has been placed in the employee’s
personnel file.
Sealing shall not include the sealing of any material related to criminal offenses for
which the employee was charged except in concurrence with the sealing or
expungement of criminal charges by a court of competent jurisdiction or in the event
of a complete exoneration of the employee by the judicial system.
The City Human Resources Department shall be notified in all cases where sealing
of disciplinary action is taken. Human Resources Department copies of the
25
disciplinary actions will be disposed of in a manner consistent with the Police
Department’s action.
The sealed action shall not be held to discriminate against the employee in any
subsequent disciplinary action, or in the event of promotion, merit step raise,
transfer, request for educational leave, modification of duties, vacation selection,
application for other employment, or against any other action the employee may take
for his or her personal improvement.
Once sealed, the file shall not be opened unless the employee requests such
unsealing and then only for examination by the person or persons whom the
employee specifies or at the discretion of the Chief of Police, who in the absence of
a demonstrable emergency shall notify the employee a minimum of 48 hours before
the opening of the sealed file and the reason for opening. In the event the employee
cannot be notified in advance, notification must be made on the employee’s first duty
day after the sealed file is opened.
Section 40. Grievance Procedure
(a)The City and the Association recognize that early settlement of grievances is
essential to sound employee-employer relations. The parties seek to establish a
mutually satisfactory method for the settlement of employee grievances, or
Association grievances, as provided for below. In presenting a grievance, the
aggrieved and/or his or her representative is assured freedom 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.
26
Conduct of Grievance Procedure.
(1)The time limits specified in this Article may be extended by mutual agreement
in writing of the aggrieved employee or the Association and the reviewer
concerned.
(2)Should a decision not be rendered within a stipulated time limit, the aggrieved
employee may immediately appeal to the next step.
(3)The grievance may be considered settled if the decision of any step is not
appealed within the specified time limit.
(4)If appropriate, the aggrieved employee or the Association and Management may
mutually agree to waive any step of the grievance procedure.
(5)Written grievances shall be submitted on forms provided by the City or on forms
which are mutually agreeable to the City and the Association.
(6)Any retroactivity on monetary grievances shall be limited to the date of
occurrence, except in no case will retroactivity be granted prior to three months
before the grievance was filed in writing.
~ The aggrieved employee will first attempt to resolve the grievance through informal
discussions with his or her immediate supervisor by the end of the tenth working day
following the discovery of or the incident upon which the grievance is based. Every attempt
will be made to settle the issue at this level. (Note: For purposes of time .limits, the working
days are considered to be Monday through Friday, exclusive of City holidays.)
Step I1. If the grievance is not resolved through the informal discussion, the employee will
reduce the grievance to writing and submit copies to the division head or equivalent level
Management employee as designated by Management as appropriate within ten working
days of the discussion with the immediate supervisor.
The division head-or equivalent level Management employee shall have ten working days
from the receipt of a written grievance to review the matter and prepare a written
statement.
Step III. If the grievance is not resolved at Step II, the aggrieved employee may appeal
to his or her department head in writing within ten working days of the receipt of the
division head’s response.
27
The department head shall have ten working days from the receipt of a written grievance
to review the matter and convey his or her decision by written statement.
Step IV. If the grievance is not resolved at Step III, the aggrieved employee may appeal
to an Adjustment Board. Appeals to the Adjustment Board shall be made in writing and
directed to the Human Resources Director within ten working days of receipt of the
department head’s response. The Human Resources Director shall convene an
Adjustment Board within ten working days of receipt of the appeal. The Adjustment Board
shall consist of two persons appointed by the Association and two persons appointed by
Management.
The Adjustment Board is empowered to call City employees as witnesses.
Within the context of Step IV, the Adjustment Board will have the same powers and
limitations to settle grievances as an arbitrator.
A majority decision of the Adjustment Board shall be final and binding. The Adjustment
Board shall render its findings and decisions (if any) to the parties within ten working days
of its meeting.
Step V. If the grievance is not resolved at Step IV, the aggrieved employee may choose
between final and binding resolution of the grievance through appeal to the City Manager
or through appeal to final and binding grievance arbitration. For the term of this
Memorandum of Agreement, appeals to final and binding arbitration may be processed
only with Association approval. All Step V appeals must be filed in writing at the Human
Resources Department Office within ten working days of receipt of the Adjustment Board’s
disposition under Step IV.
If the aggrieved employee elects final and binding resolution by the City Manager, the City
Manager will choose the methods he or she considers appropriate to review and settle the
grievance. The City Manager shall render a written decision to all parties directly involved
within ten working days after receiving the employee’s appeal.
If the aggrieved employee elects final and binding arbitration in accordance with this
provision, the parties shall mutually select an arbitrator. In the event the parties cannot
agree on an arbitrator, they shall mutually request a panel of five arbitrators from the
California State Conciliation Service or from the American Arbitration Association if either
party objects to the State Conciliation Service, and select an arbitrator by the alternate
strike method.
The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine
compliance with the provisions of this Memorandum of Agreement and such Merit System
Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or
conditions of employment, wages or fringe benefits, as may hereafter be in effect in the
28
City insofar as may be necessary to the determination of grievances appealed to the
arbitrator. The arbitrator shall be without power to make any decision:
(1) Regarding matters of interest.
(2)Contrary to, or inconsistent with or modifying in any way, the terms of this
Memorandum of Agreement.
(3) Granting any wage increases or decreases.
The arbitrator shall be without authority to require the City to delegate or relinquish any
powers which by State law or City Charter the City cannot delegate or relinquish. Where
either party seeks arbitration and the other party claims the matter is not subject to the
arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first
be decided by the arbitrator using the standards and criteria set forth in this section and
without regard to the merits of the grievance. If the issue is held to be arbitrable, the
arbitration proceedings will be recessed for up to five working days during which the parties
shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume
the hearing and hear and resolve the issue on the merits.
Copies of the arbitrator’s decision shall be submitted to the City, the aggrieved employee
and the Union. All direct costs emanating from the arbitration procedure shall be shared
equally by the City and the aggrieved employee or the Association.
Section 41. Bulletin Boards and Telephones
The Association shall have access to existing bulletin boards in Unit employee work areas
for the purpose of posting notices or announcements including notices of social events,
recreational events, membership meetings, results of elections and reports on minutes of
Association meetings. Any other material must have prior approval of the Police Chief.
Action on approval will be taken within 24 hours of submission.
City telephones may be used for Association business so long as there is no disruption of
work and all toll or message unit calls are charged to the Association credit card.
29
Section 42. Access to Association Representatives
Representatives of the Association are authorized access to City work locations for the
purpose of conducting business within the scope of representation, provided that no
disruption of work is involved and the business transacted is other than recruiting of
members or collecting of dues, and the representative must notify the Human Resources
Department office prior to entering the work location.
Section 43. Meetinq Places
The Association shall have the right to reserve City meeting and conference rooms for use
during non-working hours. Such meeting places will be made available in conformity with
City’s regulations and subject to the limitations of prior commitment.
Section 44. Police Officer Trainee Classification
The classification of Police Officer Trainee has been established for entry level officers
during Academy training, with a level of pay which is 10% below the starting sworn Officer
rate.
Section 45. Utilization of Reserves for Field Services Division Events
(a)
(b)
(c)
(d)
(e)
Management will determine staffing levels for each event.
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.
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.
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.
Staffing for the University Avenue Street Fair will consist of no less than a 1:1 ratio
of regular officers to reserve officers.
30
Section 46. Overtime Meals for Investigative Servk~es 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 48. Full Understandinq
(a)The Memorandum of Agreement contains the full and entire understanding of the
parties regarding the matters set forth herein.
(b)It is the intent of the parties that ordinances, resolutions, rules and regulations
enacted pursuant to this Memorandum of Understanding be administered and
observed in good faith.
(c)Nothing in this agreement shall preclude the parties from mutually agreeing to meet
and confer on any subject within the scope of representation during the term of this
agreement.
(d) Should any of the provisions herein contained be rendered or declared invalid by
31
reason of any existing State or Federal legislation or by reason of State Supreme Court or
U. S. Supreme Court ruling, suc~ 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.
~,~\A~o,,,,{~+{,,,, ~,,,~ ~, ....,~,,~,+ ~ .......+~+~ ......,!!~ ~’"’~+.... ~"~{~ +hO., +~, ~. +~
for th~
Section 49, Printed Agreement
The City will provide copies of the Memorandum of Agreement resulting from these
negotiations in booklet form to all represented employees.
Section 50, Duration
This Memorandum of Agreement shall become effective JU!y:I, 2~._!,until juno 30;i 007.
and remain effective
EXECUTED:
FOR:
PALO ALTO PEACE OFFICERS’
ASSOCIATION
FOR:
CITY OF PALO ALTO
32
s/Scott Wong
s/Jim Coffman
s/Dan Ryan
s/Dave Flohr
s/Jay Rounds
s/Lynne Johnson
s/David Ramberg
s/Brad Zook
s/Tom Merson
33
APPENDIX A
PALO ALTO POLICE DEPARTMENT
4/11 WORK SCHEDULE DOCUMENT
Members of the Palo Alto Peace Officers’ Association (PAPOA) and the Palo Alto Police
Department Management (Management) have agreed (see MOA Section 22(e)) to
implement an alternative work schedule for the Field Services Division (Patrol). The work
schedule Document outlines implementation of the 4/11 work schedule, for a one-year trial
basis as set forth in MOA Section 22 (e), beginning on June 30, 2001. This change in work
schedule is being made in an effort to seek an alternate work schedule for Patrol. that will
enhance team unity and team training while potentially reducing overtime. Along with
increased team supervision and accountability, the proposed 4/11 work schedule also
improves staffing levels during peak calls-for-service periods, which can potentially
increase service levels to the community. Additional anticipated benefits include: reduced
commutes, enhanced work/home life balance, increased weekend days off and improved
morale.
WORK SHIFTS
There will be two shifts, a "Day Shift" and a "Night Shift." Patrol will have ten separate
patrol teams, supervised by ten sergeants under the management of the Watch
Lieutenants. Five Patrol teams will work an "A" schedule and five Patrol teams will work a
"B" schedule.
Briefings will commence at the beginning of each shift and, unless training is being
conducted, shall not exceed one-half hour in length. Patrol Officers will report for duty
promptly at the designated times for each shift.
34
Patrol Division Shift Schedules
SIDE A
DAY SHIFT
Lieutenant
Team #1A 0500-1600
(Early Day Shift)
Team #2A 0700-1800
(Regular Day Shift)
(FRO)
SIDE B
Team #1B 0500-1600
(Early Day Shift)
Team #2B 0700-1800
(Regular Day Shift)
NIGHT SHIFT
Lieutenant
Team #3A 1500-0200
(Overlap Shift)
(FTO)Team #3B 1500-0200
(Overlap Shift)
Team #4A 1800-0500 (FTO)
(Early Night Shift)
Team #4B 1800-0500
(Early Night Shift)
Team #5A 2000-0700
(Regular Night Shift)
Team #5B 2000-0700
(Regular Night Shift)
Watch Lieutenants will also switch to the 4/11 schedule. All Field Services personnel,-with
the exception of the Traffic Team and Special Problems Team, will be working a rotating
4/11 schedule consisting of four consecutive days on and four consecutive days off.
Teams #2, #3, and #4 have been designated as field training teams. This designation may
change from year to year in an effort to evenly distribute time off during the holiday season.
Work Schedule
The work schedule will be based on an eight-day cycle with each employee
working four days and having four days off. The eight-day cycle will advance
the employee’s workdays and days off forward one day every cycle. The
overall cycle will repeat itself every eight weeks.
With the approval of the Patrol Captain, a maximum of two fixed days off
positions may be established on each shift, at the employee’s request.
These fixed positions must work the same hours. One position will have
Sunday, Monday, Tuesday off and one position will have Thursday, Friday,
and Saturday off. Alternatively, other days off for the two positions on each
35
shift, with oD~osin_cl days off, may be established. These alternate fixed
days off must be agreed upon by the employees and management.
Employees on a fixed schedule will be required to attend the designated
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
subm# their request in writing prior to the team selection process. The
requests will only be considered on an extreme hardship basis. The 4/11
schedule, with designated training days and a change in payroll procedures,
makes it extremely difficult to accommodate alternate schedules.
For all employees other than those on the 4/11 schedule who attend week
long (40 hour) training, for the week they attend training, their shift reverts
to an eight hour, five day schedule. Schedule changes must be documented
prior to attendance at the training program.
The following hours and minimum staffing levels will be observed on both
shifts of the Patrol Division. During shift/team overlaps, the combined
staffing levels of the shifts/teams will serve to meet minimum staffing levels.
0630-2400 hours 1 Lieutenant/Sergeant
1 Sergeant/Agent
6 Officers/Agents
(Watch Commander)
(Supervisor)
0001-0700 hours 1 Lieutenant/Sergeant
1 Sergeant/Agent
5 Officers/Agents
(Watch Commander)
(Supervisor)
Traffic Team officers/agents may be assigned to a patrol shift for minimum
staffing purposes. One (1) traffic officer may be assigned for Day Shift and
one (1) traffic officer may be assigned for a portion of the Night Shift. When
staffing shortages are anticipated in advance of the next month, the Watch
Lieutenant will be responsible for notifying the Traffic Team supervisor of any
minimum staffing needs by the 20"’ of the preceding month. Staffing
shortages that result after the 20th of the previous month will be
accommodated by the use of traffic personnel on an as available basis within
the aforementioned guidelines. The hours of minimum staffing coverage by
the Traffic Team are from 0630-2200 hours.
36
Scheduled Training Days with in the 4/11 Schedule:
The 4/11 schedule has employees working eleven (11) hour days with four
consecutive days on and four consecutive days off. Over the course of a year (26
pay periods) each employee works 182 eleven (11) hour regular patrol shifts totaling
2002 hours. The required fulltime equivalent work year is 2080 hours.
The 4/11will have designated training days and flexible training hours to make up
the 78 hours necessary to complete a full work year. The training bank and its use
are outlined in the next section.
Management will determine the number of designated training days and stagger
them throughout the year in order to comply with the Fair Labor Standards Act. The
current 28-day FSLA cycle consists of 154 hours, by including an 11-hour training
day to any cycle; the total hours worked will be 165, just under the FSLA premium
limit of 171 hours.
The eleven (11) hour training days will be scheduled prior to the beginning of each
year. Patrol personnel will not be permitted to take vacation on any one of
these pre-designated training days. The course content and training provided on
the designated 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 training days.
Training days may be scheduled during daytime and/or nighttime to accommodate
training needs.
During the trial period, it is anticipated that Personnel and Training will use four of
the training days to provide expanded and enhanced yearly C.P.T. Training and
possibly incorporate a second quarterly shoot into one of the days. It is also
anticipated that a fifth training day, or partial day, be set-aside in the first month for
watch training and team building. The exact number of designated training days
and flexible training will be determined prior to shift change will be determined prior
to shift change or vacation selection.
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 single day
sessions for Patrol (A side and B side). It is anticipated that approximately 50% of
the non-4/11 employees will attend one of the two days during each of the training
cycles. Employees who regularly work 8 or 10 hours a day will receive overtime if
the CPT training sessions go beyond the length of their regular workday. If the
nature and complexity of the training does not allow for a larger group, non-4/11
37
employees can be scheduled on additional training days outside the designated
patrol training days. This may occur on firearms training days.
Flexible Training Hours
Over the course of one year (defined as twenty-six (26) pay periods), an employee will
work 182 eleven-hour (11) patrol shifts for a total of 2002 hours. The number of hours
required to complete 26 pay periods or one year’s work is 2080. This schedule results in
78 hours that will be made up during the year through designated training days and flexible
training time.
Anyone attending training on a day off or outside their normal shift shall use their available
flexible training hours prior to using overtime. The only limitation on the use of these
training hours is that no employee can exceed the 171-hour FLSA limit in any 28-day cycle.
On months when there is a designated training day, an employee can only use 6 hours
from the training bank. On months where there is not a designated training day, an
employee can use up to 17 hours from the training bank. Any hours worked over the FLSA
limit of 171 in a 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 Misc. 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, comp, and/or holiday time from one of their banks. The Watch Commander and
Supervisor will work with employees to schedule extra shifts or utilize time away balances.
These hours are hours the employee is being compensated for during the normal 26 pay
periods. The employee must work the hours or use time off for the compensation received.
In order to accommodate the City’s pay periods, the resulting change in work schedule will
result in 23 employees being short, on a one-time basis, by one scheduled day (10 hours)
under the existing 40-hour pay period/work schedule. To reconcile this shortage, those
affected employees will receive an additional 10 hours of vacation accrual on their
paycheck for that pay period. These same employees will be charged 10 hours of vacation
usage within that same pay period.
38
Other Training (not covered by the flexible trainin~ bank)
The 4/11 schedule significantly impacts CPT training, Watch 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, time off associated with training, and/or overtime associated to training shall be
approved in advance by the employees’ 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 day
with the number of hours in training recorded as
"training" and the remaining number of hours, up to
11, recorded as training leave.
One full day of training on
a day on.
The employee may be given release time for the day.
The employee will record the number of hours in
training as training and the remainder of the 11 hours
as training leave.
More than one day,The employee will repeat the steps outlined in less
than 40 hours training example.
Partial day of training on Overtime or adjustment for the number of hours
day off. actually in training
Partial day of training on The employee may be released from duty for the time
day on. of the training and be expected to work the remainder
of their shift.
A 40-hour training session Whenever possible, and depending upon where the
employee is in their 28 day cycle, the employee may
be given release time when attending a 40 hour,
weeklong training course. The employee will be
adjusted from four (4) 11-hour shifts as compensation
for attending the course. The four adjusted days will
be as close to the days the employee attended
training as possible. 40 hours will be coded to the
employee’s timesheet as the appropriate form of
training with the remaining four hours as training
leave. Employees will not receive overtime under this
situation unless the total time training exceeds 44
hours.
39
Assignments of Sworn Personnel
Each year assignments are made for management staff for the coming fiscal year.
Subsequent to those assignments, officers, agents, and sergeants apply for either specialty
positions and/or select patrol teams of their choice in the Field Services Division. The
following guidelines will be used to make those assignments.
Field Services Division Shift Assignment Process:
Field Services sergeants, agents, and officers will select their work team based on
the following criteria.
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 predesignated as training teams during the
trial basis.
Team #2A
Team #3A
Team #4A
0700-1800
1500-0200
1800-0500
If this schedule is implemented beyond the one-year trial basis, the FTO and non-
FTO teams "A" vs. "B" shall change schedule cycles as necessary to allow an equal
distribution of time off during the holiday seasons.
=
K-9 Officers/Agents - All four K-9 officers/agents will select one of the
following night shift teams. Selections will be based on rank and seniority.
One K-9 shall be assigned to each team.
Team #4A or #4B 1800-0500
Team #5A or #5B 2000-0700
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Any exception to these assignments must be requested and approved by the
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 side "A" and a minimum of three (3) agents will be assigned to
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side "B", based on seniority. If a greater number of agents are available for
patrol, management will
evenly designate agent’s slots to as many of the patrol teams as possible.
=
Probationary Officers - May be assigned to teams at the discretion of the
Field Services 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.
=
Officers, in order of seniority, shall select any remaining slot available on any
of the patrol teams.
Additional Guidelines
Shift Selection Reservations - Officers/Agents/Sergeants who select a shift, but are unable
to work it within the first 120 days of the year due to a special assignments, internship,
leave of absence, etc., will not be guaranteed that shift upon their return. (No change to
current language)
Prior to the selection process, management shall determine the number of Sergeants,
Agents, and Officers assigned to each shift and 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 March of each year, all employees participating in the
Patrol shift 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.
Officers, Agents and Sergeants may not remain in the same time slot for more then two
consecutive years based upon classification seniority.
Shift exchanges will be considered with the approval of management.
If the 4/11 schedule is no.._~t adopted on an ongoing basis after the one-year trial, the Field
Services Division selection criteria for the next fiscal year will be based on the assignment
of personnel during the 2000/2001 fiscal year. Selection assignments from the one-year
trial period will not count.
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.
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Vacation Selection
CONCURRENT VACATION AUTHORIZATION - OFFICERS AND AGENTS
Patrol Division.- Four (4) are authorized in patrol on Side "A" and four (4) are authorized
in patrol on Side "B." It is anticipated that this would equate to two (2) on night shift and
two (2) on day shift for each side.
Any exceptions to these rules may be made by the division coordinators
based on special circumstances.
CONCURRENT VACATION AUTHORIZATION - SERGEANTS
Patrol Division - Two (2) are authorized in patrol on side "A" and two (2) are
authorized in patrol on side "B". It is anticipated that this would equate to one (1) on
the night shift and one (1) on the dayshift for each side. Exceptions to allow two
sergeants vacation at the same time for special circumstances may be made by the
Watch Lieutenant. A sergeant will be allowed to take the same vacation dates as
his/her watch commander. Other exceptions to this rule may be made by the Patrol
Division Coordinator.
SELECTION PROCESS
1)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.
2)For Patrol, lieutenants and sergeants will have a separate signup sheet from
agents and officers. During the initial sign up sergeants will have two
guaranteed spots per side, one (1) on day shift and one (1) on night shift.
Agents/officers will have four guaranteed spots per side, two (2) on day shift
and two (2) on night shift.
No employees will be permitted to take vacation during the designated training days.
Time Keeping and Payro,!,!
All employees working under the 4/11 schedule will work eleven (11) hours a day, four
consecutive days a week. These 11 hours will be entered on the employee’s timesheet on
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the day they are worked. Employees attending one of the designated training days will
enter the 11 hours of training on a "training timesheet "for the day they attended training.
Employees using hours from their flexible training bank shall complete a ’training
timesheet" for the day they attended training. Only one designated eleven (11) hour
training day will. be allowed in each 28-day FLSA cycle.
An employee will be compensated according to overtime rates anytime he/she works in
excess of an 11 hour day, on any day off other than the designated training days, training
not-covered under the flexible training hours or in excess of 171 hours in a 28 day cycle.
Overtime will be documented on the separate overtime record currently in use.
Each employee must complete his/her own daily time sheets that accurately reflect the
hours he/she works. Each time sheet must be signed by the employee.
The Police Department timekeeper will enter the employee’s time worked in to the
Department’s timekeeping system, which will then be provided to the City’s Payroll staff.
Managers and supervisors using the timekeeping system and Payroll staff will track the
employee’s time worked over the entire year (26 pay periods). They will ensure that each
employee works the necessary 2080 hours.. Both systems will monitor the employees
regular hours worked to ensure that no employee violates the FLSA limits set fourth in the
7K exemptions for a 28-day cycle. The systems will also provide an employee’s
"over/under" hours for each pay period.
In addition to tracking the employees time worked for FLSA requirements and to ensure
a proper number of hours worked each year, the timekeeping system and payroll will adjust
the appropriate number of hours into and out of the employees bi-weekly totals to forward
a time card to city payroll. 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.
If an employee leaves city service while on the 4/11 schedule, the timekeeping system and
payroll shall reconcile the number of hours the employee is over or under the normal 40-
hour workweek rate since the beginning of the current one-year (26 pay period) 4/11 cycle.
If the employee has worked more hours than the 40-hour a week average, he/she shall be
compensated for those hours at the regular rate. If the employee is under the 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/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 40-hour weekly average.
Employees will work either 88 hours or 66 hours of regular shift work per pay period
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depending on where they are in the rotation. The Department timekeeper and the City’s
payroll staff will deduct eight hours off the time card or add 14 hours to the timecard in
order to reach 80 hours per pay period. These adjusted hours will be added to or taken
away from the timecard at the appropriate day/night shift deferential 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 ratio of 75/25 percent for day/night rates.
Overtime Sign-Up
Unplanned Overtime
Any unplanned Patrol overtime, as defined in the M.O.A, may first be filled by the following
procedure, then according to past practice as listed in the M.O.A. Section 25:
1)The Watch Commander/Supervisor may first request that an on-duty
officer/agent/sergeant volunteer to extend their current patrol shift for purposes of
minimum staffing. Secondly, the Watch Commander/Supervisor may request that
an officer/agent/sergeant from the next team coming on-duty volunteer to come in
early for purposes of minimum staffing. If a volunteer cannot be identified to hold
over or come in early, utilization of the unplanned overtime list may be used to fill
the shift. Use of the unplanned overtime list may at times be impractical due to the
shortness of the shift. The Watch Commander or Supervisor may choose to order
an employee to stay over or come in early to meet minimum staffing.
2)The Watch Commander/Supervisor shall be responsible for filling overtime under
this procedure by requesting volunteers on a seniority basis and keeping a log of
the personnel that accepted the overtime so all personnel will receive an even
distribution of overtime opportunities. It should be noted, under the proposed 4/11
work schedule, employees may be ordered to stay over or come in early on a more
frequent basis.
Planned Overtime
For purposes of minimum staffing, any planned overtime shall be posted by the 20th of the
preceding month and assigned by the 25th. Specific overtime hours to be worked are to
be determined by the Watch Commander based on minimum staffing requirements and
the team schedule requiring the overtime needs. With multiple teams starting at different
times of the day, it’s anticipated that some overtime will be filled by an entire shift and other
overtime will be filled by a partial shift. Planned overtime Patrol shift shall not be for less
than six (6) hours. No other changes to planned overtime will result due to the 4/11
schedule.
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Overtime Pay and Compensatory Time Off per Memorandum of A.qreement, Section
24:
Overtime pay shall be based on any work performed in excess of the normal workday for
all employees assigned to the 4/11 shift or any work performed on a scheduled day off.
The normal workday shall be defined as eleven (11) hours. The designated training days
are normal workdays. Hours used from the flexible training bank are part of the
employee’s regular compensation and not considered overtime.
Maximum Hours Worked - PAPD Timekeeping Guidelines
Sergeants, Agents, and Officers may work up to a maximum number of 17 hours in a 24-
hour period. Any work beyond 16 hours must be approved by a watch commander or
member of management under exigent circumstances. Any time an employee works 16
hours or more, they must receive an 8-hour break before returning to duty.
It is the employee’s responsibility to monitor their hours worked and notify the supervisor
and/or watch commander of their hours worked when approaching the limit or.being
requested to work overtime. (See PAPD Timekeeping guidelines for complete language)
Court Pay
Sworn Police Personnel appearing in court for the People will be compensated according
to the following:
Period
(a) Scheduled day off.
Rat._.._~e Minimum
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.)
Time and one-half 3 hours
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(d) Appearance on a
scheduled work day by
employees of Team #4
or Team #5
Time and one-half 3 hours
(e) All other court
appearances
Time and on-half 2 hours
1. Only Management can approve a shift exchange.
2. Exchanges must be for the entire shift, now eleven (11) hour.
(Exchanges will be for entire shifts, unless expressly authorized by a lieutenant)
See full text in timekeeping guidelines.
Hours of Primary Case Responsibility:
The following are guidelines to be used to manage primary case responsibility for each
shift and individual teams. The sergeants will be responsible to ensure casework is evenly
distributed. The start and ending times are listed below. The times were designed to allow
each team with briefing/preparation time at the beginning of the shift and case writing time
at the end of the shift. The hours of primary case responsibility overlap from team to team.
Teams are expected to work together under the direction of the sergeants to evenly
distribute the daily work. Team #3, which is the overlap team, has the least amount of
primary case responsibility time. The function of this team is to bridge the gap between the
day teams and the night teams. Once the night teams are in-service, Team #3 has time
to complete casework, eat, workout and be back on the street to assist with calls for
service until 0200 hours. As always, Officers/Agents are expected to work together to
evenly distribute work between the teams and members of the teams. These times are
simply a guide to assist communications with the dispatching of report calls. Officers/
Agents will be expected to respond to calls outside the hours listed below if so directed
Team #1 0600-1400 Dayshift
Team #2 0800-1600 Dayshift
Team #3 1600-2100 Nightshift (Overlap)
Team #4 1900-0300 Nightshirt
Team #5 2100-0600 Nightshift
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On-duty workout Deriod and siqn Ul~:
Upon the successful completion of the one year trial period of the 4/11 work schedule,
Management and P.A.P.O.A. agree to negotiate the possibility of a one-hour on-duty
workout period. Any agreement pertaining to such a workout period shall be defined in a
side letter to the contract.
Sleeping Accommodations for Officers:
PAPOA and Management agree to look at the possibilities of the City provided sleeping
accommodations during the trial period. These sleeping accommodations would o assist
officers who work lengthy overtime shifts, have court on their work days, or become
involved in major incidents resulting in many hours worked.
Management and the Palo Alto Peace Officers’ Association agree to the terms of this 4-11
Work Schedule Document governing implementation of the trial period of this schedule
according to provisions of the Memorandum of Agreement effective July 1,2001.
Management and the Association may modify the terms of this Work Schedule Document
by mutual agreement.
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