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HomeMy WebLinkAboutReso 1987-13144 RESOLUTION NO 13144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER- STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1987/1988 - 1989/1990 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Police Officers Association, an organization representing sworn members of the Chula Vista Police Department from Peace Officer up through the rank of Police Lieutenant, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, and ~ WHEREAS, the Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and is contained in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and accept said Memorandum of Understanding as contained in Exhibit "A" for fiscal years 1987/1988 - 1989/1990. Presented by Approved as to form by __ ~ ~.~ E. R. Asmus, Assistant D. Richard Rudol ssistant Manager City Attorney 0108a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ~.,ULA VISTA, CALIFORNIA, fhis 14th doy o[ july 19 87 , by the following vote, to--wit: AYES: Councilmembers Mayor Cox, Nadet-, Moore, McCandliss, Malcolm NAYES: Counci 1 members None ABSTAIN: Councilmembers None ABSENT: Counci 1 members None Mayor~b'f ~e City of 'Cll~tla Vista ATTEST/C~/Z.-~62.2 /// City Clerk' FE OF CALIFORNIA ) COUNTY Of SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY thor the above ond foregoing is o full, true ond correct copy of RESOLUTION N0. 13144 ,ond thot the some has not been omendad or repealed DATED (s~~ City Clerk ..,,.....-,.-~.,,.,,.,~. CITY OF CHULA VIS!'A CC-660 July 20, 1987 TO: William J. Winters Lyman Christopher Martin Nelson FROM: E.R. Asmus ~' SUBJECT: Implementation of New M.O.U. With POA On July 14, 1987, the City Council approved the M.O.U. with the Police Officer's Association for FY 1987-88 through 1989-90. To assist in implementing new provisions, I have compiled a listing of the more significant changes that were made to the previous M.O.U. That listing along with a copy of the signed M.O.U., is attached. The listing identifies the department responsible for implementing each change. If you feel another department should actually have the lead in implementing a particular provision, please contact that department directly. If you or your staff have any questions about the intent of the M.O.U. wording, please don't hesitate to contact me, Sid Morris or Marty Chase. Thank you in advance for your cooperation in implementing the M.O.U. changes. cc: John D. Goss, City Manager Sid Morris, Deputy City Manager Marty Chase, Management Analyst Keith Hawkins, Police Captain Robert Bourgeois, Police Captain Nola Snipes, Administrative Clerk Cora Benitez, Accountant Jim Pearl, Programmer Analyst Candy Boshell, Assistant Director of Personnel Dianna Levin, Risk Manager Dave Byers, Principal Management Assistant MCH/kt S3 IMPLEMENTATION OF MOU WITH POA FY 1987/88 - FY 1989/90 EFFECTIVE LEAD MOU MOU DATE DEPARTMENT SECTION PROVISION 7/3/87 FINANCE 2.01 IA --6% SALARY INCREASE FOR ALL WAGES OFFICERS 7/3/87 POLICE 2.02 I --INCENTIVE PAYMENTS AVAILABLE EDUCATION TO OFFICERS WITH QUALIFYING INCENTIVE PAY DEGREE AND/OR POST CERTIFICATE WHO ARE NOT AT "E" STEP POLICE 2.02 II --EXEMPTIONS FROM CONTINUING EDUCATION REQUIREMENTS --CHANGES IN CONTINUING EDUCATION PROGRAM POLICE 2.02 III --ENROLLMENT BONUS FOR OFFICERS PURSUING A COLLEGE DEGREE ~/3/87 POLICE 2.06 III --WHEN A COURT APPEARANCE IS SCHED- OVERTIME- ULED TO BEGIN AT THE END OF A COURT TIME SHIFT, IT'S PAID ACCORDING TO THE COURT TIME PROVISIONS 7/3/87 POLICE 2.06 V --START COMPENSATORY TIME PROGRAM OVERTIME- COMP TIME 7/3/87 POLICE 2.10 I --$50 PER PAY PERIOD DIFFERENTIAL PAY-STANDBY 7/3/87 PERSONNEL 2.10 V --POLICE AGENT BECOMES A PER- DIFFERENTIAL MANENT CLASSIFICATION PAY- AGENT 7/3/87 FINANCE 2.11 I --CITY PICKS-UP CURRENT KAISER HEALTH & COSTS; CITY WILL CONTRIBUTE AMOUNT WELFARE EQUAL TO CITY'S SHARE OF KAISER COSTS TOWARDS COPAY PLAN + DENTAL . ~/87 POLICE 2.13 II --OFFICERS WHO CAN OBSERVE A NORMAL HOLIDAY PAY HOLIDAY SCHEDULE AND WHO WORK A 4/10 SHIFT ARE GRANTED HOLIDAY TIME-OFF FOR THE FULL 10 HOURS 7/3/87 POLICE 2.14 IIB --OFFICERS CAN SELL UP TO 40 HOURS VACATION (NOT 5 DAYS) PAYBACK 7/3/87 PERSONNEL 3.04 --ESTABLISHES NEW GRIEVANCE/ GRIEVANCE COMPLAINT PROCEDURES PROCEDURE 8/1/87 POLICE- 2.05 II --SET UP COMMITTEE TO ASSESS DIRECTOR SHIFT ALTERNATIVES TO CURRENT SCHEDULE SCHEDULE 9/1/87 POLICE- 4.01 B --SET UP COMMITTEE TO ESTABLISH DIRECTOR PHYSICAL HEALTH FITNESS PROGRAM FITNESS 10/1/87 POLICE- 2.02 II --SET UP COMMITTEE TO REVEIW DIRECTOR EDUCATION CONTINUING EDUCATION GUIDELINES INCENTIVE PAY 1~/87 POLICE 2.03 --ANNUAL UNIFORM CLEANING ALLOWANCES UNIFORM ARE PAID; $75 FOR OFFICERS CLEANING REQUIRED TO BE IN UNIFORM MORE THAN 50% OF WORKING HOURS (E.G. PATROL & MOTOR OFFICERS) AND $25 FOR OFFICERS REQUIRED TO BE IN UNIFORM LESS THAN 50% OF WORKING HOURS (E.G. DETECTIVES) 1/88 FINANCE 2.01 IA --WAGE SPREAD BETWEEN PEACE OFFICER WAGES AND POLICE AGENT INCREASED TO 6% --WAGE SPREAD BETWEEN POLICE AGENT AND POLICE SERGEANT INCREASED TO 15% --WAGE SPREAD BETWEEN POLICE SER- GEANT AND POLICE LIEUTENANT INCREASED TO 15% 1/88 FINANCE 2.01 IA --2.5% SALARY INCREASE FOR ALL WAGES OFFICERS ,8 FINANCE 2.11 --HALF OF ANY KAISER COST INCREASE HEALTH & IS PICKED UP BY THE CITY WELFARE 1/88 - PERSONNEL 2.11 III --COMPLETE REVIEW OF RETIREE HEALTH 5/88 HEALTH & COVERAGE ALTERNATIVES AVAILABLE WELFARE THROUGH PERS OR OTHER PROVIDERS 6/88 CITY MANA- 2.11 III --MEET AND CONFER WITH POA ON ISSUE GER'S OFFICE HEALTH & OF RETIREE HEALTH COVERAGE WELFARE 7/88 FINANCE 2.01 IB --3.5% SALARY INCREASE FOR ALL WAGES OFFICERS 7/88 POLICE- 4.01 --CITY IMPLEMENTS ANNUAL PHYSICAL DIRECTOR PHYSICAL FITNESS TESTING FITNESS 1/89 FINANCE 2.01 IB --3.5% SALARY INCREASE FOR ALL WAGES OFFICERS 9 FINANCE 2.11 --HALF OF ANY KAISER COST INCREASE HEALTH & IS PICKED UP BY THE CITY WELFARE 7/89 FINANCE 2.01 IC --4% SALARY INCREASE FOR ALL WAGES OFFICERS 7/89 POLICE 2.02 I --PAYMENTS INCREASED FROM $30/$60 EDUCATION TO $40/$80 PER PAY PERIOD INCENTIVE PAY 7/89 POLICE 2.10 I --PAYMENT INCREASED TO $75 PER PAY DIFFERENTIAL PERIOD PAY-STANDBY 9/89 PERSONNEL 2.01 IC --CITY CONDUCTS SALARY SURVEY AS WAGES DEFINED IN PARAGRPAH 2.01 IC 9/89 CITY MANA- 2.01 IC --CITY MEETS WITH POA TO REVIEW GER'S OFFICE WAGES SURVEY RESULTS 10/89 FINANCE 2.01 IC --OFFICER SALARIES POSSIBLY IN- WAGES CREASED BASED ON SURVEY RESULTS ,89 POLICE 2.03 II --ANNUAL PAYMENT INCREASED TO UNIFORM $100 FOR OFFICERS REQUIRED TO BE CLEANING IN UNIFORM MORE THAN 50% OF WORKING HOURS; $50 FOR OFFICERS REQUIRED TO BE IN UNIFORM LESS THAN 50% 1/90 FINANCE 2.01 IC --SPREAD BETWEEN POLICE SERGEANT WAGES AND POLICE LIEUTENANT INCREASED TO 17.5% 1/90 FINANCE 2.11 --HALF OF ANY KAISER COST INCREASE HEALTH & IS PICKED UP BY THE CITY WELFARE 1/90 - PERSONNEL 2.12 III --COMPLETE ACTUARIAL STUDY OF 5/90 RETIREMENT CHANGING TO HIGHEST 1-YEAR FOR COMPUTING RETIREMENT BENEFITS 5/90 CITY MANA- 2.12 III --PROVIDE RESULTS OF ACTUARIAL GER'S OFFICE RETIREMENT STUDY TO POA MEMORANDUM OF UNDERSTANDING BE~EEN CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER'S ASSOCIATION FY 1987/88 - 1989/90 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER'S ASSOCIATION FOR FISCAL YEARS 1987/88 - 1989/90. 1.O1 PREAMBLE 1.02 RECOGNITION 1.03 CITY RIGHTS 1.04 ASSOCIATION RIGHTS 1.05 EMPLOYEE RIGHTS 2.01 WAGES 2.02 EDUCATION/P.O.S.T. INCENTIVE PAY 2.03 UNIFORMS 2.04 MILEAGE REIMBURSEMENT 2.05 WORK PERIOD/PAY PERIOD 2.06 OVERTIME 2.07 CALLBACK 2.08 2.09 BILINGUAL PAY 2.10 DIFFERENTIAL PAY 2.11 HEALTH AND WELFARE 2.12 RETIREMENT 2.13 HOLIDAYS 2.14 VACATION AND SICK LEAVE 2.15 LEAVE OF ABSENCE 2.16 MILITARY LEAVE 2.17 JURY DUTY 2.18 RATE OF PAY FOLLOWING PROMOTION 3.01 PAYROLL DEDUCTION 3.02 PROBATIONARY PERIOD 3.03 ADVANCE NOTICE 3.04 GRIEVANCE PROCEDURE 3.05 PROHIBITED PRACTICES 3.06 DRIVING ELIGIBILITY 3.07 SUBSTANCE ABUSE POLICY 4.01 HEALTH FITNESS PROGRAM 5.01 TERM AND EFFECT OF MOU 5.02 RETENTION OF BENEFITS 5.03 SAVINGS CLAUSE 1. O1 PREAMBLE The following constitutes a Memorandum of Understanding between the City of Chula Vista ("City"} and the Chula Vista Police Officer's Association ("Association") as a result of meeting and conferring in good faith concerning wages, hours and other terms and conditions of employment, pursuant to Government Code Section 3500 et. seq. and the Employer-Employee Relations Policy of the City of Chula Vista. 1.02 RECOGNITION The City recognizes the Association as the certified representative for all employees of the Police Department who are employed in the classifications of, or have the working titles of, Peace Officer, Agent, Police Sergeant, and Police Lieutenant. 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and the established personnel practices. Discipline or discharge employees for proper cause. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. Effect a reduction in authorized positions. Take actions necessary to carry out the mission of the City in emergencies and in other situations of unusual or temporary circumstances. -1- Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. In exercising these rights the City shall comply with all applicable provisions of this agreement. The establishment or exercise of City rights shall not be subject to meeting and conferring; provided, however, the Association shall not be precluded from meeting and conferring with representatives of the City when the consequences of decisions on matters of City rights directly affect wages, hours, and other terms and conditions of employment. 1.04 ASSOCIATION RIGHTS I. Authorized representatives of the Association shall be allowed reasonable access to unit employees at their work locations during working hours for the purpose of consulting with employees in the unit regarding the employer-employe~ relationship, provided that: (1) the work of the employee and the service of the public are not unduly impaired, and (2) the authorized representatives shall have given advance notice to the Director of Public Safety or his/her designated representative when contacting unit employees during the duty period of the employees. The Director of Public Safety or his/her designee shall determine the appropriate time for such access. II. The Association may be granted use of City facilities by the appropriate appointing authority for meetings composed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to the AsSociation on City bulletin boards for legitimate communications with members. The Association shall be responsible to maintain space provided in an orderly condition and shall promptly remove outdated materials. IV. The City shall continue to bill the Association $.10 per member per pay period for the actual costs incurred for dues deduction on behalf of the Association. 1.05 EMPLOYEES RIGHTS I. Form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employer-employee relations. -2- II. City agrees that no officers, agents, representatives, members or anyone connected with either party will in any manner intimidate, coerce, restrain or interfere with employees to form, join or assist labor organizations or to refrain from any of these activities, specifically including the rights of employees to withdraw, revoke or cancel Association membership, or because of the exercise of any right provided to the employee by this agreement. 2.01 WAGES I. Base wages during the term of this agreement will be determined in accordance with the following provision: A. FY 1987-88 Effective the first pay period commencing in July, 1987 all classifications represented by the Association will be granted a base salary increase of six percent (6%); effective the first pay period in january, 1988 base wages will be increased by an additional two and one-half percent (2.5%). Effective the first pay period commencing in January, 1988 the wage spread between the classifications of Peace Officer and Police Agent shall be increased to six percent (6%); the wage spread between the classifications of Police Agent and Police Sergeant shall be increased to fifteen percent 115%); and the wage spread between the classifications of Police Sergeant and Police Lieutenant shall be increased to fifteen percent (15%). B. FY 1988-89 Effective the first pay period commencing in July, 1988 all classifications represented by the Association will be granted a base salary increase of three and one-half percent (3.5%); effective the first pay period in January, 1989 base wages will be increased by an additional three and one-half percent (3.5%). C. FY 1989-90 Effective the first pay period commencing in July, 1989 all classifications represented by the Association will be granted a base salary increase of four percent (4%). Effective the first pay period commencing in January, 1990 the wage spread between the classifications of Police Sergeant and Police Lieutenant shall be increased to seventeen and one-half percent (17.5%). -3- In September, 1989 The City shall conduct a salary of the Peace Officer classification. Said survey shall include the following jurisdi'ctions: The City of Carlshad The City of E1 Cajon The City of Escortdido The City of La Mesa The City of National City The City of Oceanside The City of San Diego The County of San Diego (for Deputy Sheriff classifications) In conducting the survey, the City's January 15, 1990 base wage for Peace Officer at "E" step shall be compared to the approved January 15, 1990 surveyed jurisdictions' base wage for comparable classifications at the top step that is available to all Peace Officers. Agency payments of normal member PERS (or similar retirement program) contributions will be included, with each 1% of agency-paid normal member contribution counted as 0.8% additional salary. The wage used in the comparisons will not include such items as differentials, longevity or other special pay. If the survey results indicate that the City's January 15, 1990 base wage for the classification of Peace Officer is below the average January 15, 1990 base wage for the surveyed jurisdictions (excluding Chula Vista), then and in that event all of the classifications represented by the Association will be granted the percentage base salary increase required to bring the City's Peace Officer classification up to said average base wage. Salary increases granted under this formula shall become effective the first pay period commencing in October, 1989. At the time the survey is completed, representatives of the Association and Management shall meet to review the survey results. At that time the Association may elect to receive all or a portion of any percentage increase required under the formula as (1) an increase in base salary and/or (2) as an increase in City payments of member PERS contributions. Increases in base salary granted under this formula shall be calculated at a l:l rate (i.e. a 1% salary increase granted for each 1% the City is below the average base wage); increases in City payments of member PERS contributions granted under this formula shall be calculated at a 1:0.8 rate (i.e. a 1% increase in City payment of member PERS contributions granted for each 0.8% the City is below the average base wage). Increases granted under the formula shall become effective the first pay period commencing in October, 1989. ~4- II. All other payroll and wage changes shall be made effective at the beginning of the regular pay period closest to the date of change. III. Distribution of paychecks shall be done only on regular paydays except in an emergency, when employees may receive their check on a day other than a regular payday if a memo is directed from the Director of Public Safety to the Finance Officer justifying the request. IV. All employees covered by this agreement may receive a maximum of two weeks vacation pay in advance. Vacation pay in advance will be made on a regular payday provided the employee notifies the Finance Department ten working days prior to the payday on which payment is desired. V. Step Advance Each employee shall be required to complete the following specified number of months of continuous paid service at each step of the salary schedule set forth in Appendix A prior to advancing to the next step of the schedule. Step increases may be delayed by the Director of Public Safety in cases of sub-standard performance. Only permanent status employees may appeal that decision through the Civil Service Commission. In cases of exceptional performance, an employee may be granted an early step increase or double step increase based on the recommendation by the Director of Public Safety and the approval of the City. Required months of service for each step shall be: Months Step 6 months in 1 6 months in 2 6 months in A 6 months in B 12 months in C 12 months in D Thereafter in E 2.02 EDUCATION/P.O.S.T. INCENTIVE PAY I. Starting with the first pay period in July 1987, employees represented by the Association shall be entitled to either $30 or $60 per pay period if they meet the educational/P.O.S.T. incentive pay requirements detailed below. Starting with the first pay period in July, 1989 said payments shall be increased to $40 and $80 respectively. A. Police Officers or Agents who have obtained either an A.A./A.S. (or higher) degree or an Advanced P.O.S.T. Certificate shall be entitled to"$30 per pay period ($40 commencing July, 1989). Police Officers or Agents who have obtained both a B.A./B.S. (or higher) degree and an Advanced P.O.S.T. Certificate shall be entitled to $60 per pay period ($80 commencing July, 1989). -5- B. Police Sergeants who have obtained either an A.A./A.S. (or higher) degree or a Supervisory P.O.S.T. Certificate shall be entitled to $30'per pay period ($40 commencing July, 1989). Police Sergeants who have obtained both a B.A./B.S. (or higher) degree and a Supervisory P.O.S.T. Certificate shall be entitled to $'~D'per pay period 1~80 commencing July, 1989). C. Police Lieutenants who have obtained either an A.A./A.S. higher) degree or a Management P.O.S.T. Certificate shall be entitled to $36"per pay period {$40 commencing July, 1989). Police Lieutenants who have obtained both a B.A./B.S. higher) degree and a Management P.O.S.T. Certificate shall be entitled to $60 per pay period ($80 commencing July, 1989). II. The special continuing education program developed by the special continuing education committee that has been a requirement under the MOU shall remain in effect. In order for a represented employee to receive reimbursement under Part 1 of this section, compliance with this program is required. Commencing July 3, 1987 (a) Peace Officers, Police Agents, Police Sergeants and Police Lieutenants who have or obtain an AA degree or (b) Police Sergeants who have or obtain a Supervisory P.O.S.T. certificate or (c) Police Lieutenants who have or obtain a Management P.O.S.T. certificate shall receive a one-year exemption from the continuing education requirement. Employees represented by the Association who have or obtain both a BA/BS degree and an Advanced P.O.S.T. certificate, or a Supervisory P.O.S.T. certificate, or a Management P.O.S.T. certificate shall receive an additional one year exemption from the continuing education requirement. Employees who have or obtain a Masters degree shall receive an on-going exemption from the continuing education requirement. Additionally, the Continuing Education Program shall be modified as follows: The number of college units or training points required shall be reduced from 4 to 3; Up to 50% of the hours/credits required can be derived through in-service training; Volunteer hours in an approved community service shall be applied towards the continuing education requirement, at a rate to be determined. The City and Association shall establish a joint committee by October 1, 1987 to review the continuing education guidelines and to define the types of volunteer hours acceptable and the rate at which they will be credited and to determine the best way to administer the 50% rule regarding the use of in-service training time. These changes will be made no later than December 1, 1987. -6- III. Employees represented by the Association who complete at least 3 college credits pursuant to a college degree program shall be entitled to a $75 bonus payment per semester. Said payment shall be payable at the end of each school semester in which proof of 2 per course completion is submitted and shall not exceed $ 25 fiscal year. 2.03 UNIFORMS I. ISSUE AND REPLACEMENT All regulation police uniforms (excluding shoes) and equipment will be provided at City expense. If regulation police uniforms or equipment are destroyed or damaged in the line of duty, they will be repaired or replaced as determined by the Director of Public Safety or his/her designee. Uniform cleaning will be the employees' responsibility. When an lemployee terminates employment with the Police Department, he or she must return to the City all regulation police uniforms and equipment provided at City expense; provided, however, that employees hired prior to July l, 1984, may keep any equipment and uniforms they purchased before July l, 1984. II. CLEANING Commencing July 1, 1987 employees represented by the Association shall be entitled to a uniform cleaning allowance calculated at $75 per year for officers required to be in uniform more than 50% of their working hours and $25 per year for officers required to be in uniform less than 50% of their working hours. Said cleaning allowance shall be payable during the first pay period in December. Commencing July l, 1989 employees represented by the Association shall be entitled to a uniform cleaning allowance calculated at SIO0 per year for officers required to be in uniform more than 50% of their working hours and $50 per year for officers required to be in uniform less than 50% of their working hours. 2.04 MILEAGE REIMBURSEMENT Employees shall be subject to the City's mileage reimbursement program when required to use their private automobile for authorized City business: 26¢ per mile - first 200 miles each month 24¢ per mile - next 300 miles each month 22¢ per mile - over 500 miles each month -7- 2.05 WORK PERIOD/PAY PERIOD I. The City enacted the 7k exemption in the case of law enforcement as permitted under the Fair Labor Standards Act. The work period for law enforcement employees will be 80 hours in a 14-day cycle beginning at 0001 on Friday and ending 14 days later. A normal pay period shall consist of ten 8-hour or eight lO-hour days totaling 80 hours during each 14 calendar days to coincide with the City's scheduled pay periods. The beginning of a work period will coincide with the beginning of a pay period. II. Shift Schedules SQUAD SHIFT SCHEDULE A Monday - Friday 0000-0800 B Sunday 2200-0800 Monday - Wednesday 0700-1700 C Thursday - Sunday 0700-1700 D Wednesday - Saturday 1500-0100' E Saturday 2200-0800 Sunday - Tuesday 1500-0100' *Summer schedule may change to 1600-0200. The City and Association shall set up a committee to evaluate alternatives to the current shift schedule by August l, 1987. Alternative schedules developed by the committee must (1) provide no double back shifts, (2) provide a 4 hour shift overlap during peak workload hours (e.g. lO:O0 pm Friday - 2:00 am Saturday and lO:O0 pm Saturday - 2:00 am Sunday) and {3) result in a reasonable balance of workload between squads. Any change to the current shift schedule must be mutually acceptable to the City and the Association. If a shift change is agreed upon, it shall be ratified by both parties no later than November 1, 1987 for an effective implementation date of January 1, 1988. 2.06 OVERTIME I. Subject to the provisions of Paragraphs II through IV below, when an employee is required or is ordered to: A. Work on his/her day off; or -8- B. Report back to work after he/she has left his/her work station; he/she shall be compensated for such time worked in accordance with the provisions of the Fair Labor Standards Act and the 7k exemption. For purpose of calculating the overtime premium, time worked shall include paid time off and eligibility for overtime shall be based on actual hours worked during a work period in excess of 80 hours in a work period. II. Noldovers Beyond Regular Shift An employee who works beyond his/her regular scheduled shift by reason of, but not limited to, late calls, arrests, report preparation, etc. shall receive payment in accordance with Section B. above. In no event will an employee be paid for less than 15 minutes with such time disregarded and not accumulated. III. Court Time - Employees on scheduled time off, who are subpoenaed in the line of duty or required by the Director of Public Safety or his/her designee to be present in criminal or juvenile court, or other judicial proceedings, shall be compensated as provided under 2.06. I.B above for all time actually spent and required to be in court and all actual travel time required between the court and either the Police Station or the employee's home, as the case may be. Employees shall be guaranteed a minimum of two hours for each separate court appearance, including any travel time. Said employee shall be reimbursed for all actual mileage said employee travels between the court and either the Police Station or the employee's home, as the case may be, at the mileage reimbursement rate as set out in Section 2.04. For purposes of calculating payment, if a court appearance is scheduled to begin at a time contiguous with the end of an employee's shift, payment shall be made under the provisions of Section 2.06 III (Court Time). If, however, a court appearance begins during an employee's shift and extends beyond the normal end of that shift, payment shall be made under provisions of Section 2.06 II (Holdovers Beyond Regular Shift). IV. Overtime Premium Pay shall be calculated at the regular rate as required by the Fair Labor Standards Act. V. Compensatory Time - An employee eligible to receive overtime pursuant to this section may receive pay or compensatory time off. Compensatory time shall be calculated at the rate of l-l/2 times the extra hours worked. The use of compensatory time in lieu of overtime pay will be at the option of the department head and/or supervisor, based on the employee's request while recognizing the overall staffing requirements of the department. Compensatory time shall not be accrued to an employee's credit for any time in excess of forty (40) hours. A record of compensatory time earned and utilized shall be maintained on the biweekly pay records. -9- 2.07 CALLBACK Whenever an employee is called back to work, after he/she has left his/her work site, and is required to return to work before the scheduled start of his/her next shift, he/she will receive a twenty dollar ($20) bonus, with pay as provided under 2.06.I.B above. 2.08 2.09 BILINGUAL PAY Those employees who, upon recommendation of the Director of Public Safety and/or Chief of Police and the approval of the Personnel Department and City Manager, and successful completion of a Bilingual Performance Evaluation, are regularly required to use their bilingual skills in the performance of their duties will receive $65 per month in addition to their regular pay. 2.10 DIFFERENTIAL PAY I. Standby - Effective the first pay period in July, 1987 employees shall receive $50 compensation for each full hi-weekly period during which they are assigned standby duties or a prorated amount if the standby period is less than two (2) weeks. Standby duty is defined as that period of time, in addition to the employee's normal work week assignment, during which said employee must remain at all times where he/she can be contacted by telephone or pager, ready for callback to perform essential service within one (1) hour of notification. Any callbacks that occur while an employee is on standby duty shall not reduce the amount of standby pay the employee would have earned had there not been a callback. Any overtime or callback pay shall thus be in addition to the standby compensation. In terms of FLSA, the parties agree that standby time shall not be counted as hours worked. Effective the first pay period in July, 1989 employees shall receive $75 compensation per pay period for each full bi-weekly period during which they are assigned standby duties or a prorated amount if the standby period is less than two (2) weeks. II. Motorcycle Pay Employees who are assigned to Motorcycle Duty shall receive $65.00 per month additional compensation. III. Dog Handlers Employees who are designated Dog Handlers will receive $EE.O0 per month additional compensation. Iv. Field Training Officers - Peace Officers who are designated Field Training Officers (FTO's) will receive $0.40 per hour additional compensation when they are actually engaged as FTO's. -1 O- V. Police Agent - Effective July, 1987 the position of Police Agent shall become a permanent classified position. The wage spread between the classifications of Peace Officer and Police Agent shall remain at five percent (5%), until amended as specified under Section 2.01 I.A. 2.11 HEALTH AND WELFARE I. Hospital/Medical Care Benefits - The City agrees to provide the Kaiser "A" plan with Vision Care 2 (VIS2); Prescription Drug Benefits (RX1}; Students/Over-Age Coverage (STU1); Durable Medical Equipment, Prosthetics, and Orthodics; and Mental Health Benefits (MH3) to employees and qualified dependents at the costs as of July 3, 1987. Any increase in costs during the term of this agreement will be shared equally between the Association and the City. OR The City will make available an Alternative Health Copay Plan (currently MONY) for represented employees who do not elect Kaiser coverage. The City will contribute an amount equal to the City's share of the Kaiser Health Plan cost towards the cost of the Health Copay Plan and the cost of a dental plan at least comparable to the Dentalnet Plan 46. For represented employees who elect Kaiser coverage, a dental plan at least comparable to the Dentalnet Plan 46 will be made available at no cost to the City. II. Life Insurance - The City agrees to contribute the amount necessary to provide each employee with $10,000 group term life insurance. Represented employees may purchase up to $30,000 supplemental life insurance through the City's group insurance plan with said employees paying the additional cost through payroll deductions. III. Retiree Health Plan - The City shall undertake a review of the retiree health plans available through the Public Employees Retirement System (PERS) or other providers during FY 1987/88. Said review shall be conducted in conjunction with the Health Advisory Committee, which includes representation from each of the City's bargaining units, and shall be completed prior to the end of FY 1987/88. Prior to July l, 1988, the City agrees to reopen this Memorandum of Understanding and to meet and confer with the Association on the sole issue of possibly enrolling in a retiree health plan. The City is under no obligation to reach agreement on this issue during the meet and confer process. (See Section 2.15 regarding payment for health and life insurance during a leave of absence of more than one month.) -ll- 2.12 RETIREMENT I. The City will provide the 2% at 50 retirement plan for classifications represented by the Association as provided for under the Public Employees Retirement System. Retirement benefits shall be based on the average of the three highest years as provided under the Public Employees Retirement System. The retirement benefits shall further include the "widows and survivors benefit." II. Subject to clear legal authority, City agrees to adopt Section 414(h)(2) of the Internal Revenue Code relative to employee retirement contributions, which permits employee PERS contributions to be treated as deferred compensation. III, Prior to end of FY 1989/90, the City shall conduct an actuarial study of the costs of basing retirement benefits on the single highest year as provided under th~ Public Employees Retirement System. The results of the study shall be made available to the Association upon completion. 2.13 HOLIDAYS I. "Hard Holidays" - During the term of this agreement, the following are the recognized holidays: Independence Day July 4 Memorial Day Last Monday in May Labor Day First Monday in September Thanksgiving Fourth Thursday in November Christmas December 25 New Year's Day January 1 II. Holiday Pay Ao Association Members Who Cannot Observe a Normal Holiday Schedule 1. If an officer does not work a hard holiday, he/she will receive 8 hours pay. 2. If an officer works a hard holiday on an 8-hour shift, he/she will receive 8 hours pay plus time and one-half for each hour worked. 3. If an officer works a hard holiday on a lO-hour shift, he/she will receive 10 hours pay plus time and one-half for each hour worked. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday. -12- B. Association Members Who Can Observe a Normal Holiday Schedule and Who Work a 5/8 Shift 1. If the hard holiday falls on a scheduled work day, the officer shall be granted time-off, except as otherwise directed by the Department Head and/or supervisor. 2. If the hard holiday falls on a scheduled day off, the officer shall receive an extra day off. 3. If an officer works a hard holiday, he/she will receive 8 hours pay plus time and one-half for each hour worked. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day Of observance shall be the day observed by general City employees. C. Association Members Who Can Observe a Normal Holi day Schedule and Who Work a 4/10 Shift 1. If the hard holiday falls on a scheduled work day, the officer shall be granted time-off, except as otherwise directed by the Department Head and/or supervisor. Holiday time-off shall be granted for the full 10 hour shift. 2. If the hard holiday falls on a scheduled day off, the officer shall receive an extra day off, for the full lO-hour shift. 3. If an officer works a hard holiday, he/she will receive lO hours pay plus time and one-half for each hour worked. For payment purposes, if a hard holiday falls on a Saturday or Sunday, the day of observance shall be the actual day of the holiday. III. Floating Holidays Effective the first pay period in July 1987, employees shall be credited with forty (40) hours floating holiday time each year of this MOU, 8 hours each for: Lincoln's Birthday, Washington's Birthday, Admission Day, Columbus Day and Veterans Day. Employees may take floating holiday time at their discretion with the approval of the Director of Public Safety or his/her designee. A. Floating Holiday Use - If an employee uses floating holiday time before the holiday passes and subsequently leaves City service, he/she will be charged for such time. If an employee does not use his/her floating holiday time before June 30 of a fiscal year, he/she will lose such time. The smallest unit of time chargeable to floating holiday time is one half (1/2) hour. 2.14 VACATION AND SICK LEAVE I. Definition - For the purpose of this section, the following definitions shall apply: A. "Continuous service" means City service uninterrupted by separation. B. "Intermittent service" means City service interrupted by separation. C. "Time worked" includes actual time worked, holidays with pay, and leave of absence without pay (not to exceed one year) for which Workers Compensation is paid. It shall also include Saturdays, Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. D. "Active service" includes time worked, leave of absence without pay not to exceed fourteen (14) calendar days and leave of absence not to exceed one/1) year for which Workers Compensation is paid. II. Vacation A. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service throughout the year previous to that in which the vacation is requested shall be entitled to an annual vacation with pay. The following provisions shall apply: I1) Employees shall accrue lO working days during the first year of service. This benefit will be accumulated at the rate of 3°07 working hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation will be effective on the employee's six month anniversary date. Any employee who elects to use vacation accruals and subsequently leaves City service prior to the completion of one year will be charged for such vacation. There will be no payoff of any vacation benefits if termination occurs prior to one year. (2) Employees will accrue and be eligible to receive lO working days annually (cumulative to a total leave balance of 20 working days) during the second through fourth year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. -14- (3) Employees will accrue and be eligible to receive 15 working days annually (cumulative to a total leave balance of 30 working days) during the fifth through fifteenth year of service. The benefit will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. (4) Employees will accrue and be eligible to receive 20 working days annually (cumulative to a total leave balance of 40 working days) during the sixteenth and succeeding years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. B. Vacation Payback - All members of represented classifications earning three weeks or more vacation annually will have the option of selling forty (40) hours of said vacation back to the City. The accumulated vacation balance will be reduced accordingly. Payment of vacation hours will be made the first payday of each month provided that the Personnel Department has received ten working days advance notice of the request prior to the payday. C. Payment Upon Separation At the time an employee is separated from the City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation to which he/she is entitled based upon his/her active service in prior years, and in addition, he/she shall be granted vacation based upon the length of his/her active service during the year in which the separation occurs and computed on the basis set forth in Section IA)(1). Where the total allowance ends with a fraction of a day, one half day will be computed to the next whole day. D. Vacation Use Vacation balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence may not be charged to vacation not already accumulated. III. SICK LEAVE A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability, injury or illness of the employee or serious illness or death in his/her immediate family. B. Sick Leave Accrual - Computation of sick leave: sick leave with pay is cumulative at the rate of 3.68 working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary employment. -15- A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the Director of Public Safety and/or Chief of Police and Director of Personnel, and the approval of the City Manager. C. Maximum Sick Leave Accumulation Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use - Sick leave balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence for illness may not be charged to sick leave not already accumulated. E. Sick Leave Verification - The City may require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee to determine eligibility of sick leave. If an employee is required to furnish a doctor's certificate for absences of three days or less, the employee must have been notified of such requirement by the Director of Public Safety or his/her designee, with the approval of the City Manager or his/her designee, within 24 hours of the time the employee notifies the department that he/she will be absent because of illness or disability. F. Bereavement Leave - When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member, an immediate family member of the employee's spouse, or any other person defined by the Internal Revenue Service as a dependent, and after such employee makes written request and receives written approval from the Director of Public Safety or his/her designee, such employee may be allowed the privilege to be absent from work with full pay up to five (5) days, plus reasonable travel time. Travel time will be actual time used not to exceed three {3) calendar days. Paid leave of absence for family death shall be charged to sick leave. Immediate family includes husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, step-parent or any other person serving as a parent, grandmother, grandfather, or any other person living in the same household as the employee. G. Sick Leave Reimbursement - {1) Employees who are unit employees on and before June 30, 1979, shall be entitled to sick leave reimbursement of 20.83% for up to 120 days (maximum 25 days) of unused sick leave upon honorable separation. Unit employees covered by this paragraph (1) are not eligible for benefits under paragraph (2). (2) Employees who are not unit employees on June 30, 1979, and who become unit employees thereafter, shal 1 be entitled to sick leave reimbursement as follows (to the exclusion and in lieu of any benefits under paragraph (1): a. Such employees using four (4) clays or less of sick leave during the fiscal ~vear shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave pay. b. Pay shal 1 be computed based on the fol 1 owi ng scheclule and all computations shall be rounded to the nearest whole hour: Remaining Yearly Sick Leave Pay Option (25%) 12 days 3 days 11 days 2 days, 6 hrs. lO days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 days 2 days 7 days or less 0 c. If the pay option is selected, the paid sick leave hours shal 1 be subtracted from the employee' s accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. He/she then elects to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance. ) d. Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 30, and will only be cal cul ated for employees who have been on the payroll for one full year at the time calculations are made. e. Permanent employees covered by this paragraph (G)(2) who retire during the fiscal year will be compensated under this plan based on their formal retirement date. Prorated payment also will be made to an employee who terminates during the fiscal year. In the event of the death of an individual while employed by the City, 50% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. -17- 2.15 LEAVE OF ABSENCE An employee who is mentally or physically incapacitated to perform his/her duties, or who desires to engage in a course of study that will, in the judgment of the City, increase his/her usefulness on his/her return to the classified service, or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, desires to secure leave from his/her regular duties may, on written request, subject to the recommendation of the Director of Public Safety and/or Chief of Police and the Director of Personnel, and with the approval of the City Manager, be granted leave of absence with or without pay or benefits for a period not to exceed one year. An employee asking for leave of absence without pay shall submit his/her request in writing stating the reasons why, in his/her opinion the request should be granted, the date when he/she desires the leave to begin, and the probable date of his/her return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to his/her former position on his/her return from such leave or whether his/her name shall be placed on a reinstatement list for the class as provided for in the Civil Service Rules. If a request for leave is denied, the employee may appeal the denial to the Civil Service Commission. Any employee who is on an unpaid leave of absence for more than one month shall pay the cost of his/her and the employee's dependent health and life insurance premiums for the total period of unpaid leave of absence; provided, however, that this provision shall not apply if the leave of absence is a result of the employee being ill or disabled. 2.16 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veterans Code). 2.17 JURY DUTY Jury service or examination leave may be allowed for all full-time probationary or permanent status employees who are required by Court Order to attend court as a prospective juror or serve as a juror, upon immediate presentation of written proof of the exact period of his/her required attendance or service to the Director of Public Safety and the Director of Personnel. The employee shall receive full pay during the period of such leave provided the money, except mileage or subsistence allowance, which he/she receives as a juror is deposited with the Director of Finance for credit to the proper fund. 2.18 RATE OF PAY FOLLOWING PROMOTION When a unit employee is promoted, the new rate of pay will be the lowest step in the new range which will result in the employee receiving at least 5% more than the actual rate in the old classification. The actual rate will also include Motorcycle, Doghandler, or Agent pay if these differentials will be lost as a result of the promotion. It will not include Education Incentive or Bilingual Pay. Employees previously receiving Bilingual Pay will continue to receive it if \ the new position requires the use of Spanish skills. This determination will !! be made by the Director of Personnel upon the written request of the Director of Public Safety. 3.01 PAYROLL DEDUCTION Upon the receipt of a written request and authorization from an employee for deduction of Association dues the City shall withhold such dues from the salary of the employee and remit the withholdings to the Association. The City shall continue to withhold such deductions unless the employee files a statement with the City withdrawing authorization for the continued withholding of the deductions. The effective date of withholding to the Association, and the effective date of discontinuance and all procedural matters shall be determined in accordance with the Rules and Regulations of the Finance Director. 3.02 PROBATIONARY PERIOD Police officers shall serve an eighteen-month probationary period. Upon completion of the eighteen months, said employee shall be a permanent employee, unless the probationary period is extended by the appointing authority as provided in the Civil Service Rules. 3.03 ADVANCE NOTICE The City shall give reasonable advance written notice to the Association on any proposed change or new ordinance, resolution, departmental rule or regulation relating to the matters within the scope of representation proposed to be adopted by the City or the Department and the Association shall be given the opportunity to meet and confer with City or Department representatives prior to adoption. 3.04 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Memorandum of Understanding. Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: (1) Resolve disputes arising from the interpretation, application or enforcement of specific terms of this agreement. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. 13) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar disputes. -19- Section II. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: The City Manager or his/her authorized representative. (2) Working Day: A calendar day, excluding Saturdays, Sundays and hard holidays as described by this agreement. (3) Department head or head of a department: The chief executive officer of a department. (4) Director of Personnel: The Director of Personnel or his/her authorized representative. (5) Employee: Any officer or regular (not temporary) employee of the City, except an elected official. 16) Employee representative: An individual who speaks on behalf of the employee. (7) Grievance: A complaint of an employee or group of employees arising out of the application or interpretation of a specific clause in this agreement. (8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an employee. (9) Superior: The individual to whom an immediate supervisor reports. Section III. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1) To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred in alleged violation of a specific clause in this agreement; and (b) Specify the relief sought, which relief must be within the power of the City to grant in whole or in part. (2) A grievance is not reviewable under this procedure if it is a matter which: la) Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista or under management rights as specified in this agreement. /b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification or salary. -20- 2. Appeals from formal disciplinary proceeding. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. 5. Appeals that have Affirmative Action or civil rights remedy. (c) General complaints not directly related to specific clauses ~ of this agreement. {d) Would require the modification of a policy established by the City Council or by law. (e) Relates to any City group insurance or retirement programs. Section IV. GENERAL PROVISIONS OF THE GRIEVANCE PROCEDURE. (1) Grievances may be initiated only by the employee or employees concerned and may not be pursued without his/her or their consent. (2) Procedure for Presentation. In presenting his/her grievance, the employee shall follow the sequence and the procedure outlined in Section V. {3) Prompt Presentation. The employee shall discuss his/her grievance with his/her immediate supervisor within ten I10) working days after the act or omission of management causing the grievance, or within ten (lO) working days of when the employee, with the exercise of reasonable diligence, should have discovered the act or omission being grieved. {4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Personnel for this purpose. {5) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as an agreement viol ati on; {b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him/her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. -21 - (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall, whenever possible, be handled as a single grievance. (10) Settlement. Any complaint shall be considered settled without prejudice at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (11) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his/her grievance without fear of disciplinary action or reprisal by his/her supervisor, superior or department head, provided he/she observes the provisions of this grievance procedure. (12) Back pay. The resolution of a grievance shall not include provisions for back pay retroactive further than twenty (20) working days prior to the date the grievance is filed. However, if with the exercise of reasonable diligence the act or omission being grieved was not discovered within lO working days of its occurrence, and the grievance is subsequently timely filed pursuant to Section IV (3), then the resolution of the grievance may include provision for back pay for a maximum period of one year from the date the grievance was filed. Section V. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: Step 1 Discussion with Supervisor. The employee shall discuss his/her grievance with his/her immediate supervisor informally. Within three (3) working days, the supervisor shall give his/her decision to the employee orally. Step 2 Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the three (3) working days' limit, the employee may within seven (7) working days present his/her grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her superior within seven (7) working days. The superior shall hear the grievance and give his/her written decision to the employee within seven (7) working days after receiving the grievance. Step 3 Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven (7) working days' limit, the employee may within seven (7) working days present his/her grievance in writing to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee within seven/7) working days after receiving the grievance. Step 4 Grievance to Director and Manager. If the grievance is not settled at the department head level, it may be submitted by the Association Representative within twenty 120) working days to the Personnel Director, who shall investigate and report his/her findings and recommendations to the City Manager within ten (lO) working days. The City Manager shall provide his/her answer within. ten (lO) working days. The times indicated may be extended by mutual agreement. Any Employee grievance will be filed with the Association Representative at Step 4. Following the submission of the City Manager's answer, and before going to Section VI, Advisory Arbitration, matters which are unresolved shall be disgussed at a meeting between the parties during which all pertinent facts and information will be reviewed in an effort to resolve the matter through conciliation. Section VI. ADVISORY ARBITRATION. Any dispute or grievance which has not been resolved by the Grievance Procedure may be submitted to advisory arbitration by the Association Representative or the City without the consent of the other party providing i t is submitted within ten I1 O) working days, following its termination in the Grievance Procedure. The requesting party will notify the other party in writing of the matter to be arbitrated and the contract provision(s) allegedly violated. Within five {5) working days of the receipt of this notice, the parties may agree upon an arbitrator which can be a single employee or group of three employees who have been trained in conducting grievance hearings. If agreement on an arbitrator cannot be reached the following procedure will be followed: 1. The State Department of Industrial Relations shall be requested by either or both parties to provide a panel of five arbitrators. Both the City and the Association shall have the right to strike two names from the panel. The party requesting the arbitration shall strike the first name; the other party shall then strike one name. The process will be repeated and the remaining person shall be the arbitrator. -23- 2. The arbitrator shall hear the case within twenty (20) working days after the arbitrator has been selected. The arbitrator may make a written report of their findings to the Association and the City within fifteen (15) working days after the hearing is concluded. The arbitrator shall make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within ten (lO) working days. The arbitrator shall have no authority to amend, alter or modify this agreement or its terms and shall limit recommendations solely to the interpretation and application of this agreement. The above time limits of this provision may be extended by mutual agreement. 3. Each grievance Or dispute will be submitted to a separately convened arbitration proceeding except when the City and the Association mutually agree to have more than one grievance or dispute submitted to the same arbitrator. 4. The City and the Association shall share the expense of arbitrators and witnesses and shall share equally any other expenses, including those of a stenographer, if required by either party. If either party el ects not to follow the advisory decision rendered by the arbitrator, that party shall pay the entire cost of the arbitration process, including the expense of the arbitrator, witnesses and/or stenographer. 3.05 PROHIBITED PRACTICES I. The Association shall not condone or counsel its members, or unit members, or any of them, to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the Department except that nothing shall be construed in this agreement to prevent the Association or its unit members from exercising any legal rights or remedies they may presently possess to redress a wrong. II. Should any unit employees during the term of this Memorandum of Understanding, and until such time that it is expressly or legally rescinded, breach the obligations of Paragraph I, the Director of Public Safety or his/her designee in conjunction with the City Manager or his/her designee shall immediately notify the Association that in his/her opinion a prohibited action is in progress. III. The Association shall promptly disavow prohibited actions and shall order such members either orally or in writing to immediately cease the prohibited activity, and provide the Director of Public Safety or his/her designee and the City Manager or his/her designee with a copy of that which they have orally stated or served upon its members to comply with Paragraph I herein. -24- IV. If the Association disavows the alleged prohibited activity and takes all possible actions hereunder in good faith, the City shall not hold the Association responsible for imposition of such penalties or sanctions as the City may assess against the participants. V. Should the Association during the term of this Memorandum of Understanding and until such time that it is expressly and legally rescinded, breach its obligations, or any of them under this section, it is agreed that the City may pursue all legal and administrative remedies available to the City that it in its discretion may elect to pursue, provided such is presently provided for by law. VI. The agreements contained in Paragraphs I and V are in addition to and do not constitute a waiver of rights currently existing under the law. 3.06 DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business, he or she shall have a valid California driver's license. In order to ascertain the validity of the employees' licenses, employees must present their driver's license to their supervisor upon request. If an employee's driver's license is revoked, suspended, or otherwise made invalid, the employee must immediately inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. The City reserves the right to check with the Department of Motor Vehicles to determine if the employee's driver's license is valid. An employee who does not possess a California driver's license will be considered for a non-driving position, if one is available in the employee's classification. The non-driving assignment will continue for a maximum of six {6) months if there is a reasonable expectation the employee will have a valid California driver's license at the expiration of that time. Extensions to the six (6) month limit will be considered on a case-by-case basis; however, in no case shall an employee receive more than one non-driving assignment in any three year period. When no non-driving assignment is available, employees may request a leave of absence without pay for six {6) months or until such time as their license is once again valid, whichever is shorter. In order to assure that non-driving assignments are provided on a fair and equitable basis, the following procedures shall be observed: 1. Each department will determine whether or not it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. 2. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have non-valid drivers licenses and there is only one non-driving assignment, the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of absence as described above. -25- 3.07 SUBSTANCE ABUSE City and Association agree that ~he use, and being under the influence, of alcohol and/or drugs on the job detrimentally affects the work performance, safety, security and public confidence of represented employees and the health and welfare of the citizens of Chula Vista. The parties agree, therefore, to meet in an effort to formulate a mutually agreeable detection and substance abuse testing program that may include voluntary counseling under appropriate circumstances. It is acknowledged that the program will undoubtedly utilize "probable cause" criteria as a basis for substance testing. Nothing i n this provision shall be construed to limit or otherwise diminish any rights the City has unde~ existing law to require an employee to submit to a substance abuse testing program, nor shall it prohibit the City from introducing a detection and substance abuse testing program to the extent permitted by law if a mutually agreeable program cannot be developed. 4.01 HEALTH FITNESS PROGRAN A. Program Description Unless they request and receive an exemption from the Director of Public Safety, all represented employees shall participate in a physical fitness assessment. The initial assessment will generally consist of three 3-hour sessions (9 hours total) involving a physical conditioning assessment and nutritional and fitness training. The 9-hour initial assessment will be conducted on an overtime basis. In succeeding years, staff shall undergo a 4-1/2 hour physical fitness teevaluation, pending development of physical fitness standards and tests as detailed in subparagraph B below. Participation in the initial and recurring physical fitness assessments shall be mandatory for all employees represented by the Association. B. Physical Fitness Standards and Tests No later than September l, 1987, the Association and City shall set up a committee to establish a health fitness program that will be implemented by July l, 1988. The program will include the establishment of job related physical fitness performance standards and tests. If the committee cannot agree on the components of the health fitness program, a three member panel will be empowered to decide all unresolved issues. Said panel will consist of one member to be appointed by the Association, one member to be appointed by the City and one member to be chosen by both parties. -26- Commencing July 1, 1988, represented employees shall be required to take an annual physical fitness test, in accordance with the standards and tests established as part of the health fitness program, unless they request and receive an exemption from the Director of Public Safety. If the employee does not pass the annual physical fitness test, he/she will be retested within six (6) months. If the employee does not pass the physical fitness test at that point, it shall be noted on the employee's performance evaluation. 5.01 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING I. This Memorandum of Understanding shall remain in full force and effect commencing with the beginning of the first regular pay period in July 1987, up to the beginning of the first regular pay period in July 1990, and it is understood and agreed that the terms and conditions, wages, and all provisions of this Memorandum of Understanding shall continue in effect until a new Memorandum of Understanding is negotiated and subsequently ratified by the Association and the City Council. Said terms and conditions as outlined in this Memorandum of Understanding shall remain in effect year by year from the first pay period in July 1990, unless one of the parties notifies the other in writing no later than March 1, 1987, of its desires to modify or terminate the agreement and provides written proposals for such modifications no later than May 1, 1990. I I. The provi si ons of this Memorandum of Understanding shal 1 be subject to Federal, State and local law. III. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and enti re understanding between the parties. It is further understood, however, that nothing herein prohibits the parties from changing and amending the terms of this MOU during the period of its effectiveness by further meet and confer sessions by mutual agreement. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. 5.02 RETENTION OF BENEFITS The represented employees covered by this agreement shall retain all benefits provided herein for the full term of this agreement and for any such additional period of time as provided in Section 5.01; provided, however, benefits, rights, or privileges not specifically covered by this MOU, but subject to the Myers Milias Brown Act, may be acted upon by the City without mutual consent after meeting and conferring with the Association. -27- 5.03 SAVINGS CLAUSE If any article or section of this Memorandum of Understanding should be held invalid by operation of law or by a final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Memorandum of Understanding shall not be affected thereby. In the event of the invalidation of any article or section, the City and Association agree to meet within sixty (60) days after the expiration of any administrative or judicial appeal period/process for the purpose of meeting and conferring over said invalidated section or article. For the City: For the Association: E. R. Asmus, Chief Negotiator City of Chula Vista WPC 1679A -28-