HomeMy WebLinkAboutReso 2014-204 RESOLliTION NO. 2014-204
RESOLUTIOI�' OF THE CITY COUNCIL OF THE CITI' OF
CHULA V"ISTA APPROVII�'G A MEMORANDUA4 OF
UNDERSTANDTI�'G BETWEEN THE C1T1' OF CHULA VISTA
AI�TD THE CHLiL.A VISTA POLICE OFFICERS'
ASSOCIATIOI`' BARG.AII�TII�'G UI�TIT ("CVPOA") RELATED
TO COh4PEI�'SATIOI�' AI�TD OTHER TERMS AI�TD
CO?�TDITIOI�'S OF EMPLOl'n4ENT: AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY NECESSARl'
DOCUI�4EI�TTS AI�TD/OR MOU AS n4AY BE REQUIRED TO
IMPLEMENT THE MEMORAI�TDUI�4 OF UI�TDERSTAI�'DII`'G
A'HEREAS. the Memorandum of Understandine bet�i=een the Ciri� of Chula Vista and the
Chula Vista Police Officers' Association (CVPOA) eepired June 30, 2014; and
W"HEREAS, negotiating teams representing CVPOA and the Cit}� have «-orked
collaborativel}� to���azd the development of a mutuall} beneficial n40U that tiould assist the Cin�
in the recruitment and retention of s���orn Police Officers where w�e aze experiencina higher than
normal ��acancies: and
WHEREAS. the Cit�� and CVPOA bareainine unit have met and conferred in eood faith.
as required b}� the Meyers-Milias-BroN�n Act (Go�n. Code Section 3�00 et. seq.; "MA�BA"); and
R'HEREAS. the Cin� and CVPOA have reached an aereement w�ith resards to term and
effect. compensation and other terms and conditions of employment, and consistent with the
Mn4BA: ha��e set forth those terms in a Memorandum of Understandine (MOU), ���hich has been
desianated as Ea:hibit A for identification in this resolution: and
V�'HEREAS, the proposed salarv and benefit enhancements ���ere ratified by a majority of
the CVPOA membership at a eeneral membership meeting on October 1, 2014.
I�iOVJ. THEREFORE. BE IT RESOLVED bv the Cirv Council of the Citv of Chula
Vista, that it hereb�� does (1) appro��e the MOU bet�-een the Cin� of Chula Vista and CVPOA;
(2) authorize the Ciri- Manager or his designee(s) to esecute said MOU; and (3) authorize the
Citv Manaeer or his desienee to make such minor modifications to said MOU as mav be
approved or recommended by the Cit}� Attome}�'s Office.
Resolution No. 2014-204
Page No. 2
Presented b�� Approved as to form by
��
Kel e}� K. con GI R.Go gins �
Deput}� City ManagedDirector of Human Cit Attorn��
Resources
PASSED, APPROVED, and ADOPTED by the City Counci] of the City of Chula Vista,
California, this 4th day of November 2014 by the following ��ote:
AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, Mayor
ATTEST:
Donna R. Norris, ; City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2014-204 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula V ista City Council held on the 4th day of November 2014.
Executed this 4th dav of November 2014.
�
/—�
Donna R. Norris, CMC, City Clerk
Resolution No. 2014-204
Pase No. 3
`\�/�
�
��1
�� �
CHULA VfSfA
n7EAZORAT�UM OF Ul�'DERST.4I��DI1�'G
BETV1'EEN
THE CIT1' OF CHtiLA VISTA
AND
CHULA VISTA
POLICE OFFICER'S
ASSOCIATION
November �, 2014 —J[.Tl�'E 30, 2017
POA MOIi I1/OS/14-6/30/1 i Paee 1
Resolution No. 2014-204
Page No. 4
NIEMORaNDU1�9 OF iJi�'DERST.4I�'DING CONCERI�'I1��G WAGES Ah'D OTHER TERI�4S AND
CONDIT]ONS OF EMPLOl'IvIENT BETV��EEN THE CIT1'OF CHlJLA VIST.4 AND THE CHULA
VISTA POLICE OFFICER'S ASSOCIAT]ON FROM OCTOBER ZS. 2014 THROUGH JUI�TE 30,
3017.
TABLE OF CONTENTS
SECTIOn I ADD�IInZSTRATION................................................................................4
ARTICLE1.01 PREAMBLE..............................................................................................4
ARTICLE 1.02 RECOGiVITION.......................................................................................4
ARTICLE 1.03 CITY RIGHTS..........................................................................................4
ARTICLE 1.0� POLICE OFFICER ASSOCIATION RIGHTS.....................................5
ARTICLE 1.05 EMPLOYEE RIGHTS.............................................................................5
� ARTICLE 1.06 LABOR-DIANAGEMENT COOPERATIOA�......................................6�
ARTICLE lA7 TERA7 A1�'D EFFECT OF TffiS MEMORANDUM OF
UNDERSTA.�`DII�'G........:........................................................................6
ARTICLE 1.08 n10U REVISIONS....................................................................................6
ARTICLE1.09 REOPENER..............................................................................................6
� ARTTCLE 1.10 RETEIVTION OF BENEFITS............................................................... 76
ARTICLE 1.11 SAVIIVGS CLAUSE..................................................................................7
SECTIONII COD'IPENSATION ...................................................................................7
SUBSECTIONA. N'AGES...................................................................................................... 7
ARTICLE2.01 ��'AGES.....................................................................:................................ 7
ARTICLE2.02 OVERTII��..............................................................................................8
.ARTICLE 2.03 COn�IPENSATORl'TIME......................................................................9
ARTICLE 2.04 CALLBACK PAl'.....................................................................................9
ARTICLE 2.05 STAI�'DB1'PAl'........................................................................................9
ARTICLE 2.06 OUT-OF-CLASS ASSIGiV11'IENT......................................................... 10
ARTICLE 2.07 FIELD TRAIA'LNG OFFICEER PAY.................................................. 10
ARTTCLE 2.08 SPECIAL ASSIGNII'LENT PAY............................................................ 10
� ARTICLE 2.09 BiLII�'GUAL PAl'.......................�---................................................... Ili$
.ARTICLE 2.10 SHIFT DIFFERENTIALS..................................................................... 11
I ARTICLE 2.11 nZCI,EAGE REID�IBURSEMEA`T...................................................... 12i-b
ARTICLE 2.12 UNIFORI�IS............................................................................................. 12
ARTICLE 2.13 PROFESSIOA'AL ENRICHD�iVT...................................................... 12
ARTICLE 2.14 EDUCATION/P.O.S.T. INCENTIVE PA1'.......................................... 12
ARTICLE 2.15 RECRUITn'IENT IIVCENTNE PROGRANUNEVV HIRE LATERAL
IIVCENTIVEPAl'................................................................................... 13
SECTION II COMPENSATION ................................................................................. 15
SUBSECTION B BE!�`EFITS.......................:....................................................................... 15
ARTICLE 2.16 EMPLOYEE BENEFITS....................................................................... 15
ARTICLE 2.17 GROUP TERM LLFE INSURANCE.................................................... 17
ARTICLE 2.18 RETIRED7ENT....................................................................................... 18
ARTICLE 2.19 DEFERRED COMPENSATION .......................................................... 19 `
ARTICLE 2.20 RETII2EE D�DICAL TRUST.............................................................. 19
P0,4 T70U 11/04A4-6/30/17 Pa�e 2
Resolution No. 2014-Z0�
Paee No. �
SECI'IO\III HOL72S....................................................................................................20
ARTICLE 3.01 «'ORI:PERIOD.....................................................................................20
ARTICLE 3.02 FLE�BLE R'ORI� SCHEDLZES.......................................................20
:�RI'ICLE 3.03 VACATIO\T1TIE.................................................................................?7
�RTICLE3.04 SICKLEA�'E.......................................................................................... >?
:1RTICLE 3A5 BERE���Er�\T LE���.....................................................................24
ARTICLE3.06 HOLIDAI`S............................................................................................?4
ARTICLE 3.0 i JLRY DLiT�'......::::..................................................................................26
�RI'ICLE 3.08 COL�RT LEA��E ...........................................•----.....................................26
ARTTCLE 3.09 LEA«S OF.1BSENCE-:171LTTAR1' LEA4� ...................................Z i
SECTION IV R'ORh�KG CO�`DITIONS.....................................................°---........2 i
:�RTICLE 4.01 PROfI1BITED PR�CI ICES.................................................................2 i
ARTICLE 4.02 .�1DV.�NCE NOTICE..................................°-°---....................................28
.�1RIICLE 4.03 DRI�1\'G ELIGLBILITI'......................................................................28
� :1RTICLE 4.0� PHYSIC�I. :IBILITI' TESTL�G............................................•-•--....283-9
ARTICLE 3.05 FIT\�SS FOR DLTI'............................................................................29
�RTICLE 4.06 StiBST:�\CE�BUSE POLICI'............................................................29
:'�RTICLE �.Oi PAI'ROLL DEDliCTIO\.......................�---...........................................29
�RI'ICLE 4.08 DIRECT DEPOSIT................................................................................30
:�RTICLE 4.09 GRIE�'�\CE PROCEDL7tE................................................................30
. � P0.4 DIOli 11/04/IA-6/i0/1 i Pase 3
Resolution No. 2014-204
Page No. 6
SECTION I ADD�TSTRATION
ARTICLE 1.01 PRE_AMBLE
This Memorandum of Understandin2(MOU) is entered into by the Cin of Chula Vista(City)and the ,
Chula \Tista Police Officer's Association (POA) as a result of ineetin� and conferrine in eood faith
concernine the N�ages, hows and other terms and conditions of employment; pursuant to the
Employer-Employee Relations Policy of the Cirn of Chula Vista and the California Govemment Code
Sections 3500 et. seq, known as the n9eyers-Milias-Brown Act.
ARTICLE 1.02 RECOGNITION
The City recognizes the POA as the certified representative for al]employees ofthe Police Depamnent
who are emplo��ed in the classifications of. or have the working titles of: Peace Officer, Police Aeent,
Police Sergeant; and Police Lieutenant
ARTICLE 1.03 CITI' RIGHTS
Nothing contained herein shal] be construed to resvict any]egal or inherent eaclusive City riehts with
respect to matters of legislative or manageria] policy. ,
The exclusive riehts of the Cit}� shall include, but not be limited to, the right to:
A. Establish,plan for,and direct the work force toN�ard the orsanizationa] eoals of the
Cin� eo��emment.
B. Determine the orsanization.and the merits.necessiti�,and]evel ofactivirn or service
pro��ided to the public.
C. Determine the Cin•budeet.
D. Establish;reeulate;and administer a merit or civil service s��stem which provides for
all n�pes of personnel transactions; including, but not limited to; determining the
procedures and standards for the hirine; promotion; transfer, assignment Iayoff
retention, and classification of positions in accordance ti�ith the Cin�Chartee Civil
Service Rules, and established personnel practices.
E. Discipline or discharee employees for proper cause.
F. Determine the methods, means; numbers; and kinds of personnel. and the job or
position content required to accomplish the objectives and goals of the Cin�.
G. Effect a reduction in authorized positions.
H. Tal:e actions necessary to carry out the mission of the Cin� in emergencies and in
other situations of unusual or temporary circumstances.
POA MOU I1/04/14-6/30/17 Page 4
Resolution No. 2014-204
Pase No. 7
I. Continue to eaercice efficient and productive manaQement practices consistent u�ith
Federal and State la��s and in compliance«ith the Cin Chaner and Cin�ordinances.
In esercising these righu the Cin� shall complc with all applicable provisions of this aareement.
The establishment or exercise of Cin�rights shall not be subject to meetins and conferrins: provided,
ho�j ever_the POA shall not be precluded from meeting and conferrine with representati��es of the City
when the consequences ofdecisions on maners ofthe Cin�rights directh affect u�aees,hours,and other
terms ac�d conditions of emplo��ment.
ARTICLE 1.04 PO:�RIGHTS
I. .Authorized representatives of the POA shall be allowed reasonable access to unit emplo}�ees
at their work locations durine workine hours for the purpose of consultine with emplo}�ees in the
unit regardine the employer-emplo��ee relationship:provided thar.(1)the work ofthe emplo}�ee
and the semice ofthe public are not unduly impaired and(2)the authorized representatives shall
ha��e eiven advarice nocice to the Chief of Police or his or her designated representative when
contacting unit emplo}�ees durine the dun�period ofthe emplo}�ees. The Chief of Police or his
or her designee shall determine the appropriate time for such access.
lI. The PO.A ma� be granted use of City facilities b�� the appropriate .4ppointine Authorirv for
meetines composed of unit employees. provided such meetinss are held ouuide regulazl}�
scheduled workine hours for the group N•hich is meetin�, and provided space can be made
a��ailable«�ithout interferine�vith the Cirv needs.
III. A reasonable amount of space shall be provided to the POA on Cin• bulletin boards for
leaitimate communications with members. The POA shall be responsible to maintain space
pro��ided in an orderlv condition and shall promptl}�remove outdated materials.
\�. The Cin� shall continue to bill the POA 5.10 per member per pay period for the acrual costs
incurred for dues deductions on behalf of the P0.4.
:U2TICLE lA5 EA1PL01'EE RIGHTS
I. Emplo}�ees ma� form.join and participate in the activities of emplo}�ee oreanizations of their
ON71 CI70051710 for the purpose of representation in matters of emplo��er-emplo��ee relations.
II. City aerees that no officers, agenu, representati��es, members or anyone connected with either
pam���ill in an}�manner intimidate:coerce,restrain or interfere�ri[h employees to fortn,join or
assist labor organizations or to refrain from anv of these activities, specificall}� including the
rights of emplo}�ees to withdraw:re��oke or cancel P0.4 membership;or because ofthe exercise
of any right pro��ided to the employee b}�this D40li.
P0.4 PfOli 11/04114—6/30/]i Paee 5
Resolution No. 2014-204
Paee No. 8
:4RTICLE 1.06 LABOR-NL4.�'AGE!��NT COOPERATION
The parties agree that durine the term of this MOU; the}� ��ill continue to suppon the Pride At P�ork
Program. ln addition thev���ill continue to participate in efforts to contain health care costs. The Cin�
and POA aeree that the}' N�ill continue to have open discussions on matters of concem to the parties
during the term of this r90li.
ARTICLE 1.07 TERNI A.�`D E£FECT OF THIS n'fEn40RAI�`DU1�4 OF UIVDERSTAI��ING
L [Three Year Term] This Memorandum of Understanding shal] remain in full force and effect
from the date of ratification b�� POA and approval of City Counci] unti] June 30, 2017. The
panies���ill endeavor to submit H�ritten proposals to each other by A9arch 1,2017 and the parties
will endea��or to begin ne2otiations not later than April 14. 2017.
II. The pro��isions of this D40U shall be subject to Federal, State and ]ocal law.
III. This MOU full}� and completely incorporates the understandings of the parties hereto for the
full term of this MOU. constimting the sole and entire understanding behveen parties. It is
further understood, howevec that nothing herein prohibits the parties from chaneing and
amending the terms of this MOU during the period of its effectiveness by further meet and
confer sessions by mumal aereement. Nothing contained herein shall affect rights and
privileees of parties as established by the laws of the State of California, as contained in the
Go��ernment Code of the State of Califomia under those provisions kno�rn as the Me}�ers-
Milias-Brown Act, unless specifically referred to herein.
IV. [Reopener] If at am�time during the term of this MOU, the Cih�Council declares a fiscal
emergency then; in such event. the Cin�ma�� re-negotiate this D90U and meet and confer on
wa�es, hours, and other terms and conditions of emplo��ment This section; however, in no
���av effects the existing ri¢ht of the Cin�to lay off employees.
ARTICLE 1.08 MOU RE�'1SIONS
The Cin• and PO.A aeree that durine the term of the MOU thev ���ill continue to meet and confer on
chanees to the format and laneuage ofthe MOU ifnecessary. The purpose ofthe proposed chanees is to
reconcile the MOU�j�ith the Ci��il Sen�ice Rules, the EmployedEmployee Relations Policy; and other
City policies and procedures; and to insure the language of the MOU accurateh�reflects Cin�practice.
ARTICLE 1.09 REOPEA�R
See Artide 1.07, paragraph I\', [Term and Effect of n9emorandum of Understanding].
POA D70U I U04/1�6/30/]7 Page 6
Resolution No. 201�-204
Pa�e No. 9
.ARTICLE 1.10 RETE?�TIO\ OF BE��EFITS
The represented employees covered b�� this n90U shall retain all benefits provided herein for the full
term of this ?�90U and for an}� such additional period of time as pro��ided in Article 1.07; pro��ided,
however.benefits,rights,or pri�ileees not specifically co��ered b}�this�10U,but subject to the Me��ers-
Milias-Bro�+�n.4ct ma��be acted upon b� the City without mutual consent afrer meetino and conferrin�
with the P0.4. � �
:�RTICLE l.11 S��'LNGS CLAtiSE �"
If an�� artide or section of this MOli is held to be im�alid by operation of la�i� or by an}� court of
competent jurisdiction, or if compliance u�ith, or enforcement of.an��arzicle or section is resvained b��
such court the remainder of this ?�10U shall not be affected by such action. The parties shall, if
possible, meet and confer or meet and consult as the case may be for the purpose of arri��ino at a
muruall��satisfacton•replacement for an��azticle or section in��alidated b}�operation of law.
SECI'ION II COA�E�'S?,I'I01
SLBSECTION A. R`AGES
AKTICLE ?A1 V1_�GES
I. A. [Salan�Adjustments] Salan�adjustments shall be made as follows:
1. 3% in the first full pa��period of Januar�•201�
2. 3% in the first full pay period of Januan�2016
3. 3% in the fust full pay period of Januan�2017
B. [Effecti��e Date] The salan•adjustments in Paraeraph A shall be effecti��e as set forth
therein afrer ratifcation b��C\'P0.4 and approval b}•Cin�Council via resolution in open
session of a successor T40U to the�90U w•hich expired June 30. 2014.
C. [Salan Adjusunent\ot Retroactive]The salan�adjustment in Parasraph.A shall not
be retroactive.
II. r9erit(Step) Increases�j�ill be made accordine to the formula set forth in the Ci��il Service
Rules currentl�� in effect.
The classifications shall be subject to a fi��e(�)step salan�ranse.The normal hire rate shall
be Step'`A"pro��ided.howe��er,that an eaceptionally���ell-qualified candidate ma}�be hired
be}•ond Step"A"���ithin the established ranee based upon the recommendation of the Chief
of Police and approval by the City Dlanager.
P0.4 DfOG I 1/0-1/14-N±O/I i P�^7
Resolution No. 2014-204
Page No. 10
ID. Effecti��e Dates-All other pa��roll and wa�e chanaes, such as regular merit increases;shall
bz made effecti��e at the beeinnino ofthe reeular biweekh�payroll period which includes the
emploqee's actual anniversan� date of the employee`s current position.
IV. Rate ofPa}'Follo���ine Promotion-Vdhen a represented emplo��ee is promoted,the new rate
of pa�� will be the lo��est step in the new salary range ���hich ���ill result in the employee
receivine at least�%more than the acmal base rate in the old classification.The actua]rate •
will also indude Motorcycle; and Dog Handler pa}� if these differentials will be lost as a
result ofthe promotion. It �+ill not include Education Incentive or Bilingual pa}�.
I -?�V_Loneevip� Pay - Commencing luly l, 2012; Employees shall receive longevity pa�� in the
form of a 3%increase in their base pay when they ha��e served fifreen(1�)or more complete
��ears of full time service ���ith the Chula Vista Police Department in a dassification
represented by CVPOA. The.lonse��in� pay shall increase base pa}� b}� 3% for elieible
emplo��ees, calculated in the same manner as a COLA. For employees with fifteen(1�)or
more ��ears of sen�ice as of Jul}� 1, 2012, the base pa�� used to calculate the lonee��in� pa}�
shall be the base pay they are making on that date, and for Emplo}�ees not elieible for
bneevin�pay on Jul�� 1. 2012; it shall be the base pay on the date they become elieible.
ARTICLE 2A2 O�'ERTID'IE
I. Subject to the provisions of Paraeraphs D through IV beloN�; when an emplo��ee is
required or is ordered to:
A. V�'ork on his or her da��ofE or
B. Report back to work afrer he or she has lefr the work station; he or she shall be
compensated for a minimum of n��o (2) hours for any time worked in accordance ���ith
the provisions of the Fair Labor Standards Act and the 7k esemption. For purpose of
calculatins the ovenime premium;time worked shall include paid time offand eligibility
for o��ertime shal]be based on hours worked during a«�ork period in excess of 80 hours
in a work period for those assiened to a 4/]0 schedule and 160 hours in a H�ork period for
those assi¢ned to the 3/12.5 schedule.
"lmmediate" callbacks require the employee to remrn to the station or to proceed to a
crime scene as soon as possible upon notification. "Non-immediate" callbacks require
the emplo}�ee to remrn to the station at a time certain;�+�herein said time is not desienated
as being as soon as possible. For immediate callbacks,overtime shall wmmence at the
time ofarri��al at the station or at the crime scene,���ith an additiona]one-halfhour added '
for work related activities undertaken ben��een the time of notification and arri��al.
II. Holdovers Beyond Reeular Shifr - An employee ���ho ti�orks be��ond his or her reeular
scheduled shifi b��reason of,but not]imited to,]ate calls,arrests,report preparation;etc.
shall receive pa}�ment in accordance ���ith Section C. above. In no event �+�ill an
I
�
P0.4 MOU I1/04/14-680/17 Page 8
Resolution No. 2014-204
Pa�e No. 11
emplo}�ee be paid for less than 1� minutes. Periods of c'une less than 1�minutes N�ill be
di;resarded and ma�� not accumulated.
III. Coun Time—Emplovees on scheduled cune off�•ho are subpoenaed in the line of dun•
or required by the Chief of Police or his or her designee to be present in criminal or
ju��enile coun or other judicial proceedings, shall be compensated as provided under
Article 2.0?; I, B above for all time actualh spent and required to be in coun and all
acmal travel time required benveen the coun and either the Police Station or the
emplo}•ee`s home, as the case ma��be. Emplo}�ees shall be wazanteed a minimum of
thsee(3)hours for each cepar2te coun appearance,includine any travel time. Emplo}�ees
shall be reimbursed for all actual milease the emplo}�ee tra��els benveen the coun and
either the Police Station or the emplo��ee's home, as the case ma�� be, at the mileaee
reimbursemen[rate as set out in .4rticle 2.11.
IV. Ovenime Premium Pay shall be calculated at the ovenime rate required b�� the Fair
Labor Standards Act.
V. A committee consistine of Police Department manasement a�d POA members shall be
formed to stud��the use ofo��ertime in the department and de��elop recommendations as
to ho�+�o��ertime can be manased more effectiveh�.
ARTICLE 2.03 COrIPE\SATOR]'TLTIE
An emplo}�ee elieible to receive o��ertime pursuant to this section ma}�recei��e pa}�or compensaton•
tune off: Compensaton�time shall be calculated at the rate of 1 %times the extra hours worked.
The accrual of compensaron•time-in-lieu-of ovettime pa}�will be at the option of the Chief of Police
and/or supervisor, based on the emplo}�ee's request�rhile recognizing the overall staffine
requirement ofthe department. Compensaton�time shall not be accrued to an emplo}�ee's credit for
am time in excess of 120 hours. A record of compensaron�time eamed and utilized shall be
maintained on the biu�eekl��pay records.
If an officer�vorl:s a hard holiday, he or she will be provided the option of accruine compensatorv
time in-lieu of holida� pa}�.
?,RT"ICLE 2.0� C:ILLBACK PA1'
�l��henever an emplo��ee is called back to«�ork,afrer he/she has lefr his or her work site, and is required
to remm to work before the scheduled start of his or her next shifr. he or she will receive a fifn�dollar
(S�0)differential. in addition to pa}�as pro��ided under 2.02 I. B. above.
:�RTICLE 2.05 ST.�\�BY PAY
Standb}� -Emplo��ees shall receive S 1�0 compensation for each full bi-weekly period durine which
the� are assigned standby duties or a prorated amount ifthe standby period is less than n+�o(2)
P0.4 DfOG lllOA/14—6/30Q i Page 9
Resolution No. 2014-204
Page No. 12
N�eel:s. Standb}� dum is defined as that period of time, in addition to the emplo}�ee's normal work
week assienment. durinc which the employee must remain at all times where he or she can be
contacted b}�telepho�e or paRer: read}� for caliback to perform essentia] service within one (1) hour
of notification.
.4ny callbacks that occur while an employee is on standby dup�shal]not reduce the amount of standb}�
pay the employee would have eamed had there not been a callback. Any o��ertime or callback pay sha11
thus be in addition to the standb��pa}�. For purposes of calculatine hours worked under the FLSA;the
parties a=ree that standb}�time shall not be counted as hours H�orked.
ARTICLE 2.06 OUT-OF-CLASS ASSIGNMENT
]. Swom personnel ��ho are assiened dun� as an Acting A2ent, Actine Ser2eant or Actins
Lieutenant in the Patrol Division for a period of at least one full reeular]`�scheduled continuous
work shifr(e�cludine shifr overlap(s))shall receive compensation at a rate of fi��e percent(�%)
above his or her base pay. Payment ���ill be retroactive to the time the out-of-classification
assignment commenced and N�il] continue until the out-of-classification assignment ends,
provided the above full-shifr minimum is met. Personne] assigned duty as an Acting Agent;
Actine Sereeant or Actin�Lieutenant in the Patrol Division during an��shifr overlap period will
receive out-of-classification compensation for that o��erlap period provided the above full-shifr
minimum is met.
II. Swom personne] tifio are assigned duh� as an Acting Agent, Acting Sereeant, or Acting
Lieutenant in a division other than Patrol for a period of at least one continuous week (40
consecutive hours) shall recei��e compensation at a rate of five percent (�%) above his or her
base pa��. Pa}�ment will be retroactive to the time the out-of-classification assienment
commenced and will continue until the out-of-classification assi¢nment ends,provided the above
full ���eek minimum is met.
III. The assi�nment ofActing Aeent Acting Sergeant;or Acting Lieutenant shall be made in��riting
and shall indicate the day and time the assignment begins. Out-of-dassification assienment pa}�
shal] be calculated to the nearest quarter hour.
ARTICLE 2.07 FIELD TRAIA'ING OFFICER PAY
Peace Officers and Police Aeents who are designated Field Training Officers(FTO's)for the purpose of
training Peace Officers will receive �4.00 per hour additional compensacion when they are actually
eneaged as FTO's. Police Aeents shall not be considered FTO's or receive FTO compensation for time
spent trainin� other Police Aeents.
ARTICLE 2.08 SPECIAL ASSIGA'MENT PAI'
I. Motorc��de Pa�� - Emplo��ees who are assiened to Motorc}�cle Duh� ���ill receive two (2)
hours overtime cash compensation per week. The differential pa�� shal] compensate for
POA MOU 11/04/]4-630/17 Paee 10
Resolution No. 2014-204
Paee No. li
Qenera] maintenance. includine cleanine and w�ashin� of the motorc��cle and minor
maintenance.
II. Doa Handle;s - Emplo�•ees who.aze designated Do2 Handlers H�i11 recei��e three and a half
(3 '/) hours paid o��enime cash compensation per week.
�RTICLE 2.09 BII.L�GtiAI. PA1'
Those employees who, upon the recommendation of the Chief of Police and the approval of the
Direcror of Human Resources. and�ti�ho successfulh�complete a Bilineual Perfoanance E�amination
for another laneuaee includine Sign Lanwage, u�ho are resularly required to use their bilinwal
skills in the performance of their duties, ��ill recei��e S200 per month in addition to their regular pa}'.
In order to continue receivine bilineual pay, emplo}�ees must successfully complete a shon
��alidated oral P.4SS or FAII. examinatior� even�three��ears. The Cin�aerees to have one POA
member as a tester on each 2 member panel for P0.4 exams. Candidates who ha��e failed the
Bilineual Performance Ezamination mav re-test once everv six months.
.4RTICLE 2.10 SIIIF"I'DIFFERE\TLALS
l. Effecti��e�ith the first full pay period after Januarv 1;2002,each Officer,.4eent Sereeant
and Lieutenant regulazly assigned to work the first watch(grave��ard)shifr shall recei��e SSO
a pa}�period. (For example,a person re2ulazl}�scheduled on first watch who is temporazil}�
assigned to another u�atch �ti�ill recei��e the pa}�, but a person who is reeularl}�scheduled on
another�i�atch and temporaril}�assiened to first�i�atch ��ill not receive the pay)
II. Effecti��e�vith the first full pa}�period afrer Januan� 1,2003,each Officec Aeent Serseant
and Lieutenant regularl}� assiened to ti�ork the third or fourth «�atch (sH�ing) shift shall
recei��e S40 a pa}� period. For e�ample, a person reeularl�� scheduled on third or founh
���atch�a�ho is temporaril��assigned to another watch will recei��e the pay,but a person�vho is
regulazl}�scheduled on another watch and temporaril��assigned to third or fourth«•atch will
not recei��e the pav)
III. Effecti�•e with the first full pay period H�hich includes Januan� 1;2007,each O�cer:Aeent
Sereeant and Lieutenant rewlarh� assiened to�vork the first watch (graveyazd) shifr shall
recei��e an additional S160 per pa��period. (For eaample, a person reeularl��scheduled on
first���atch�i�ho is temporaril�•assi�ned to another�ratch�vill receive the pa}�but a person
�j�ho is rewlazh�scheduled on another u�atch and temporaril}�assigned to first watch�ril]not
receive the pa}�.)
IV. Effecti��e���ith the first full pay period encompassino Januan 1, 2007,each Officer.Agent
Sergeant and Lieutenant re�ularh�assigned to work the third or fourth watch(s�i�in�) shifr
shall receive S80 per pa�� period. For eaample, a person reoularly scheduled on third or
founh�1�atch�rho is temporarih�assiened to another watch�vill recei��e the pa}�but a perso�
�ho is resularl}� scheduled on another watch and temporaril�• assiened to third or fourth
���atch�j�ill not recei��e the pa}�.)
POA D10U I1/0.1/14—N30A i � Paee I 1
Resolution No. 2014-204
Page No. 14
ARTICLE 2.11 NID_.EAGE RELMBURSEMENT
Emplo}�ees shall be subject to the Cin�'s Milea�e Reimbursement Program ���hen required to use their
personal eehide for authorized Cin� business� The reimbursement rate N�ill be tied to [he current
maaimum IRS rate.
lf an emplo}�ee is reporting to court or to training on his or her da}�off he or she may be reimbursed for
up to a maximum of�0 miles total round vip. Employees c��il]not receive mileaee reimbursement for "
staff ineetings.committee meetines or am�other reason to return to work except for scheduled court or
trainine.
ARTICLE 2.12 iJNIFORMS
I. ISSLTE AND REPLACEMEI�'7'
All regulation police uniforms and equipment(exduding shoes)will be provided at Cin�
e�pense. ]f reeulation police uniforms or equipment are destroyed or damaeed in the
line of dun�,they���ill be repaired or replaced as determined by the ChiefofPolice or his
or her desienee. Uniform cleaning will be the employees' responsibility. VJhen an
employee terminates employment with the Police Department,he or she must retum to
the City all reeulation police uniforms and equipment provided at Ciry e�pense;
provided,hoti�ever,that employees hired prior to July 1, 1984,may keep any equipment
and uniforms they purchased before July 1, 1984.
II. CLEANING
Emplo}�ees represented by the POA shall be entitled to a uniform cleanine allou•ance of
�300 per year. Cleaning allowances shall be payable during the first pay period endins
in December. �
ARTICLE 2.13 PROFESSIONAL ENRICHMEA'T
This Article lefr blank.
ARTICLE 2.14 EDUCATION/P.O.S.T. INCENTIVE PAY
I. Employees represented by the Association shall be entitled to benveen�200 and�400 per month
ifthey meet the educational/P.O.S.T. incentive pay requirements detailed below. The amount of
educational incentii�e pay will not be cumulative.
• �200 for an Associates Degree
•. �300 for a Bachelors Degree or an Advanced/Supervison�POST
POA D10U ll/04/1�630/17 Page 12
Resolution No. 2014-204
Paee No. 1�
• 53�0 for a Bachelors Deeree and an Ad��anced/Supen�ison�POST
• • 5�00 for a Masters De�ree or hisher
�RTTCLE Z.15 RECRLTT�'I£\I L�'CE�'TI��E PROGR�r11�-E«� HIRE LATERAL
L�CETTI��E PA1`
I. [Recruitment incentive Proeram] A POA member ma� receive a bonus equivalent to 10 hours of
base pa}�tihen he or she refers an indi��idual to the depattment and the individual completes the
academ��and probationan�process and becomes a permanent emplo��ee. The follo���ing conditions
will apph to the Recruitment Incenti��e Proaram.
1. P0.4 members assi�ned to the Professional Standards Unit are ineligible to receive the bonus
durine their tznure in the Professional Standazds Unit and ma��not utiliae the recruitment
incenti��e program for an�� applicant contacts the}� made durins their tenure thereafrer.
2. POA members assiened on a temporary basis to cam�out specialized recruiting activities,
unless it can be verified that the recruitment did not occur durine that acti�in�. aze aiso
ineli�ible.
3. P0.4 members���ill not qualifi� for the Recruitment Incentive Bonus if the candidate referred
to the department is related to the POA member b��blood or marriaee���ithin the third deoree.
4. Candidates must complete the full 18-month probationary period plus ar���probation
ea:tensions that mav be requested b�•the departrnent because of injuries or absences before
bonuses w�ill be distributed.
�. Candidates must declaze the name and rank of the P0.4 member�vho referred them at the
time of application. If the candidate does not provide the referral information���ith his or her
application the referrine POA member���ill be inelieible to recei��e the bonus.
6. There���ill be onl}'one, 10-hour base pay incenti��e per candidate. POA members mav split
the 10 hours if more than one P0.4 member is listed as the referee.
II. [New�Hire Lateral Incentive Pa��]\'ew hires who come into the Chula\'ista Police Department
from another public law enforcement aeenc�� on or afrer April ]0. 2013 with estemal law
enforcement eaperience will receive lateral incentive pa}�of�1000 for each full vear of estemal
experience brouaht to the City for up to fi��e (�)��ears of e�perience or a ma�imum of 55.000.
The e�temal la«�enforeement e�perience shall consist of full time (not resen�e) POST cettified (not
limited police po�vers) emplo��ment as a police officer. sheriffs depun�, or Califomia High���a}�
Patrol Officer. Credit���ill onl��be given for full ��eazs of service. There shall be no credit for partial
vears of service and there«ill be no round up of number of��ears. Thus, for ewample. if a lateral has
1 veaz and 3 monchs etperience, the��ha��e one full year of service and shall eet 51000. If a lateral
has 1 ��ear and 11 months experience,the�•ha�•e one full }�ear of experience and shall get 51000.
POA A10U I I/0.t/14—6G0/I i Pase 13
Resolution No. 2014-204
Paee No. 16
Lateral incenti��e pa�� for each full }�ear of qualifi�ing extemal law enforcement experience vwi11 be
paid at the follo«�ine intervals until the incentive is paid in full:
�1:000—lipon completion ofthe hirin� process
�1,000--_At the successful completion of the Cin�probationam period
�1.000--Even�}�ear thereafter on the employee`s anniversan� date, up to the $5.000 maximum.
In no event will an emplo��ee recei��e more than the ma�imum of��;000 ]ateral incentive pa}�.
This Ne���Hire Lateral Incentive pay is of limited duration and the Cih�may end this incenti��e pay;
in its sole and unfettered discretion; at any time and for any reason by pro��idine CVPOA writte❑
notice of its intent to terminate this incentive pay and an effective date of such rermination.
POA MOU ll/04/14—6/30/U Puce 14
Resolution I�'o. 2014-204
PaQe I`'o. 17
SECTION II COn�ENSATION
SL�BSECTIO\B BEI-EFITS
ARTICLE 216 ED�L01�E BE\�EFITS
I. Health and Dental lnsurance
Effective Januarv 1; 200�, the Ciro will provide the following benefits to each represented
emplo}�ee:
� Healt6lnsurance � DentalInsurance �
Annual Cost Kaiser Non-Raiser Non-Kaiser Pre-Paid Dental
ILT40's PPO Dental PPO
Employee Ciry pa��s Employee pays City pa}�s an Cin•pa�•s Cin�pa��s an
Ooh ]00%of S�0 per Month; Amount Equal to 100%of ' Amount Equal to
Premium Cin•Pa�•s the Cin�'s Share of Premium the Premium for
Balance of Non-kaiser F�10 the Pre-Paid Plan.
Premium Premium,Emplo}�ee Emplo��ee
Responsible for Responsible for
Balance Balance
Emplo}'ee City pa}•s Emplo}•ee pays Cim pa��s an Cirv pays Cin�pa��s an
+1 100%of S�0 per�9onth; .4mount Equal to ]00%of Amount Equal to
Premium Cin�Pavs the Cin�-s Share of Premium the Premium for
Balance of A'on-Kaiser HI�10 the Pre-Paid Plan.
Premium Premium,Emplo}�ee Emplo�•ee
Responsible for Responsible for
Balance Balance
Emplo}ee Cin�pays Employee pa}�s Cin�pa��s an City pa}�s Cin�pa}�s an
+ Famik 100%of ��0 per 1�4onth: .Amount Equal to ]00%of Amount Equal to
Premium Cirv Pavs the Cirv`s Share of Premium the Premium for
Balance of Non-Kaiser I IA90 the Pre-Paid Plan.
Premium Premium,Emplo}�ee Employee
Responsible for Responsible for
Balance Balance
Represented emplo}�ees ���ho are married to another represented emplo��ee have the option of
beine co��ered as an Emplo}•ee Only or az a dependent under theu spouse`s Emplo}�ee=One or
Emplo}�ee+Famil��co��era�e level.
A. E\TROLLr�\'"f:
I. Health—Each elieible emplo��ee will be covered under the Cin�offered health plan of his or her
choice effective from emplo��ee`s date ofhire in that elieible position. For emplo��ees enrolling
in Raiser, the City H�ill pa�� the full cost of the premium. For employees enrolline in a non-
Raiser HI.10. the Cit�� ��ill pay the cost of the premium less S�0 per month. For emplo��ees
enrolled in a non-Raiser PPO;the Cin will pa}�an amount equal to the Cirv`s share of the non-
ro.�rtou �vwn r bron� r�- �s
Resolution No. 2014-204
Page No. 1 S
Kaiser HI�90 premium. M��difference betti�een the Ciq�`s share of the health premium and the
full premium cost u ill be paid by the employee throueh payrol]deductions. Employees who fail
to submit required benefit election forms���ithin 30 days ofthe date ofelieibilin�or durine open
enrollment will automaticall.� be enrolled in the Kaiser-Employee Only plan. '
2. Dental - Optional
Represented employees wil] be eliQible to participate in an� Cin�sponsored eroup dental plan
effective the first of the month follou�ing the employee's date of hire. The Cit�� will pay an
amount equal to the pre-paid dental plan premium for emplo��ees who enrol] in a dental plan
within 30 days oftheir date of eliQibiliry or during open enrollment. Any difference bena�een the
pre-paid dental plan premium and the PPO dental plan premium�+�ill be paid by the employee
through pa}�roll deductions.
Employees ma��only chanee their.health or dental coverage le��els at open enrollment or
upon a qualifyine event (marriage, divorce, birth, adoption, etc.).
3. Vision—Optional
Represented emplo}�ees will be elieible to participate in a City sponsored group ��ision plan.
The premium for this selected plan �+�ill be paid by the emplo}�ee through payroll deduction.
4. Co-Pavments
It is the intent ofthe parties that co-payments be set at levels that will provide the highest long-
term cost stabiliro to both the Cih�and employees. ,
�. Employee Paid Medica] and Dental Premiums Taken as Pre-Tax Payroll Deductions
It is the intent ofthe parties that participating employees recei��e the ma�imum benefit allowable
in accordance��ith IRS resulations. In those cases���here the employee pays a portion of the
cost; premiums u•ill be deducted from the employee's paycheck on a pre-tax basis as alloH�ed
under Sections 12�, 10�,and Z li ofthe lnternal Revenue Code. If an emplo}�ee prefers to ha��e
the deductions tal;en on a post-tas basis,he or she must present the request for such chan2e in
���riting to the Huma�Resources Depanment Ifthe Ciq�does not meet IRS requirements,or if
[RS regulations chanee for an}�reason;this benefit ma}�be discontinued.
6. Insurance Coveraee R�hile On Leave of Absence Without Pay
Represented employees on Ieave without pay for an��reason may continue;at their own expense,
their group insurance co��eraee by payine the full cost oftheir premium plus a 2%adminisVative
fee. This pro��ision is subject to the Civil Service Rules regardin¢Leave of Absence.
Upon an employee's retum from lea��e���ithout pa�•;the employee's benefits will be reinstated to
the same benefit le��el in effect prior to the beginning of the lea��e H�ithout pa}� status. An
emplo��ee ��ho paid for the cost of his or her insurance while on leave of absence and �+�ho
retums to ti�ork prior to the 1�`"of the month;���ill not be required to pay the insurance premium
POA D10U 11/04l]4—6/30/17 Paee 16
Resolution No. 2014-204
PaQe No. 19
for that month.
7. Termination of Benefits lipon Sepazation of Emplo}�ment
.4n employee's co��era�e under the Cin�'s 2roup medical,dentaL and term life insurance plans is
effecti��e throueh the last da��of the month in which the emplo}�ee's sepazation is effecti��e.
The emplo}�ee ma� continue benefit co��erage beyond that date, at his or her o�•n expense, in
accordance w�ith Federal COBR41aw. The cost of COBR4 coverase is the premium cost plus a
2%adm'vnistrative fee.
II. Fle�ible Spendine Accounts (FSAs)-Health Care and Dependent Care
Represented emplo�•ees will be elieible to participate in the nvo Fleaible Spendine Account
(FSA)options offered b��the Cin�: These accouna are allowed b}�Sections 12�, 10�, 129 and
2li ofthe Intemal Re��enue Code. Emplo��ees ma��elect to set aside a portion oftheir salan�,on
a pre-[ax basis.to fund elioible health care and dependent caze expenses. If the City does not
meet IRS reeulations. or if the IRS rewlations chanee for am� reason, this benefit mav be
discontinued.
The maximum amounts an emplo��ee ma� set aside aze:
S2500 for Health Care
5�,000 for Dependent Care
These accounu ma}�only be established durine the Benefits Open Enrollment or within 30 days
of a qualifi�ino chanee in famil�� starus as defined b��the IRS.
Salan�deductions will be tal:en 2�pa�•periods per year;bi-�3�eekl}�eacept for those months«�ith
three pa} periods, where deductions w�ill onl��be tal:en nvo times.
Reimbursements will be made on a schedule to be determined b}� the Cin�. Requests for
reimbursement must be made on forms provided b��the Cirv. Any monies not used b}�the end of
the plan yeaz will be forfeited.Specific details ofthe plan are provided in the City's Summary of
Benefits publication available from Human Resources.
The Cin� reserves the rieht to contract�ti�ith a Third Pam� .Administrator for administtation of
FSAs. The Cin �.�ill pa} the stan-up costs associated «�ith third pam� adminis[ration.
Participatine emplo��ees�ti�ilt pay an}�required fees(monthl}�;per emplo}�ee,or per vansaction).
?,RI'ICLE 2.1 i GROLP TER�1 LIFE L1'SL"R�\CE
The Cin� agrees to pay [he premium for 5�0;000 of group term life insurance for each represented
emplo��ee. Represented emplo��ees mav apply for chemselves and their elieible dependents to purchase
from 5�0,000 to 5300.000 of supplemental group term life insurance in 510,000 incremenu ttuough the
Cin''s eroup insurance plan with emplo��ees paying the additional cost throush pa}�roll deductions.
P0.4 D10U I1/0-0/I4—6/30�1 i P�e 17
Resolution No. 2014-204
Paee No. 20
ARTICLE 2.18 RETIREr�nT
The Cin����ill provide to represented members retireme�t benefits��ia contract with the California Public
Employees Retirement S}�stem (CaIPERS) as set forth in the California Government Code.
1. TIER 1. For emplo��ees hired on or beFore the effective date of the Januar} 25, 201 I MOA,the
City will pro��ide the 3%at�0 Retirement Plan for Local Safety Members as provided for under
the Califomia Public Employees` Retirement System (CalPERS). Employees in Tier 1 shall
make cont�ibutions;that shall be applied to the Cit��'s(employer share)contribution to Ca1PERS
under Government Code section 20�16 for optional benefits,in the total amount of nine percent
(9%) for Emplo��ees in the "Local Police Officers" CaIPERS member categon�. The
aforementioned convibutions will be made on a pre-ta�basis to the eatent permitted b}�Internal
Revenue Code section 414(h)(2). The City shall report, as presently done, the Emplo��er Paid
Member Contribution (EPMC)to CaIPERS as compensation earnable.
The Cin��+�ill provide the follo�+�in2 CaIPERS contract options:
A. One-Year Final Compensation
B. Post-Retirement Sur��ivor Allo���ance
C. Credit for Unused Sick Leave
D. 4th Level ]9�9 Sur��ivor Benefit.
E. Alilitary Sen�ice Credit as Prior Ser��ice
F. Cost of Living Allo��ance (2%)
G. Post-Retirement Sur��i��or AlloH�ance Continuance
H. Pre-Retirement Death Benefit for Spouse
I. Retired Death Benefit�5.000
J. Prior Service Credit
Ii. Employer Paid Member Contribution
2. T1ER II. For Emplo��ees hired after the effective date of the January 25,2011 MOA and���ho do
not qualifi�as`'ne���members`as defined by PEPRA(see Gov't Code section 7522.04(�(1)-(3))
and Ca1PERS, the CaIPERS Retirement Plan be�efits for Employees in the "Local Police
Officers" CaIPERS member cateeon' are (1) the 3% @ 55 retirement formula; (2) that the
Emplo}�ees make 100%of the stamtor��employee (employee share) contribution to CaIPERS,
currently 9%; (3) that there be no final year concession of said payments to compensation for
CaIPERS benefit calculation purposes; and (4)the use of an a��erage hiehest three consecutive
}�eazs calculation to determine final compensation. Furthermore;the Cih��vill no loneer pro��ide
a blended health care rate for Employees hired under the Second Tier Ca1PERS Retirement Plan.
The Cin����ill pro��ide the followine CaIPERS contract options:
A. Post-Retirement Sun�i��or Allo��ance
B. Credit for Unused Sick Lea��e
C. 4th Level 19�9 Survivor Benefit.
D. Militarv Sen�ice Credit as Prior Service
POA T10U 17/04/14—6�i0/1 i Paee 1S
Resolution No. 2014-20�
Pa�e I�'o. Z 1
E. Cost of Livino.411oH�ance (2%)
F. Post-Retirement Sun�ivor.411owance Continuance
G. Pre-Retirement Death Benefit for Spouse
H. Ret'ved Death Benefit ��.000
I Prior Service Credit
Tier III. [PEPR4] For Emplo}�ees hired on or afrer Januarv 1,2013 and determined to be°ne«�
members' as defined b��PEPR4(see Godt Code section 7�22.04(fj(1)-(3)and Ca1PERS,the
follo��ing shall appl��: (I) a 2.?% C i7 retirement formula: (2) no EA�IPC; (�) the use of an
a�erase hiehest three consecuri��e ��ears calculation to determine final compensation: (4)
emplo��ees shall pa}��0%of normal cost oftheir pension,as set forth in PEPR4 and determined
b�'CaIPERS:(�)pension capped as sef forth in PEPR?.(Go�� t Code section 7�22.10(c)(2)):and
(6)no blended health care rate for Emplo�•ees under this Tier.
The Cin�will provide the follow�ing CaIPERS contract options:
A. Post-Retirement Sun�i��or Allow•ance
B. Credi[ for Unused Sick Leave
C. 4th Le��el 19�9 Survivor Benefit.
D. �4ilitan� Service Credit as Prior Service
E. Cost of Lieine Allowac�ce (2%)
F. Post-Retirement Sun�i��or.411oH•ance Continuance
G. Pre-Retirement Death Benefit for Spouse
H. Retired Death Benefit 55.000
I Priar Sen�ice Credit
ARIICLE 2.19 DEFERRED COD'LPENSAT'IO\
POA members shall be elioible[o panicipate in the City's appro��ed deferred compensation plans offered
b��the Cin�.
.�1RTTCLE 2.20 RETII2EE DiEDICAl,TRUST
.-�ll emplo��ees covered b��this Agreement shall participate in a retiree medical e�pense
reimbwsement plan administered b}�the PORAC Retiree D9edical Trust or such o[her entin�that
later ma}�be selected b��the .4ssociation. This Plan is desiened to permit organizations representing
emplo}�ees to desi�nate on a pre-tax basis salarv and/or leave payouts�j�hich occur upon termination
of emplo}�ment to be used to help pa}•for health insurance costs�+�hen the emplo}�ee is no longer
�rorkine for the Cin�. No Cirv convibutions shall be made to this Plan. The trust shall be and
remain separate and apan from an��Emplo��er health insurance fundine program.
Effective lanuan� l; 2009, employees co��ered bv this Aereement shall contribute to the plan S150
per month, �vhich the emplo��er shall automatically deduct from the salan of each employee and
remit monthl}� [in one ao�regate check], to the Plan`s administrator, accompanied b}�a list of
contributing employees�7'he emplo��er shall contribute the monies on a pre-ta�basis. These
POADfOlill/Q4A3-6G0/li ' Pze19 �
Resolution No. 2014-204
Paee No. 22
contributions shall be included as salan�for the purpose of calculaTin� retirement benefits. There
shal] be no employee election to take the amount in cash.
Upon retirement of an employee covered by this A_reement.the employer shall transfer into the
PORAC Retiree Medical TruM, an amount equal to l0U%of the cash value of the emplo}�ee`s
��acation and floating holida}� lea��e balance for���hich they would receire pa�-ment. The emplo��er
shall contribute the monies on a pre-taa basis. There shal] be no employee election to take the
amount in cash.
The Association has the rieht to alter the amount of salary deduction or the percentage of leave
balance contribution at separation from sen�ice during the course of this Aereement, on a uniform
basis, for all employees co��ered b�•the Aereement, subject to approval of its members accordin�to
the.Association`s intemal rules.
The Cin� of Chula Vista hereb} acl:no�3�ledges receipt ofthe Trust.4greement go��erning the Trust
and N�ill comply with rules set b��the Trust Office in reeard to reportine and depositing the required
contributions set forth above.
Eaceptions: Emplo��ees entitled to full military medical benefits ma��make a one time election not
to participate in the plan. Emplo��ees entitled to this eaemption must notifi�human resources of their
refusa]to participate within 60 days of Januar;� ], 2009. or within 60 da}�s ofjoining the bargaining
unit. The provisions of this agreement do not repl}�to am�one hired on or before Februan� 1�` 1982.
City Contribution: Commencino March 2009,the City will contribute $100 per member per month
into the Retiree Medical Trust ("Ri�9T'').
SECTION III HOURS
ARTICLE 3.01 R'ORK PERIOD
1. The Cit��enacted the 7k exemption in the case of law enforcement as permitted under the
Fair Labor Standards Act. The worh period for law enforcement employees will be 80
hours in a 14-daq c��cle beginning at 00:01 on Frida}� and endin� 14 days later.
II. Any deviation from the current scheduling practice N�ill be preceded by a meetins of a
committee ofthe Cirv and POA no more than 6 months and no less than 3 months before
implementation of the new schedule. If a mutual agreement is not reached b�� the
committee,the Chief of Police shall have final authorin�.
III. The current schedule and 7(k) exemption is that set forth in the Aueust 30, 2012 Side
Letter ofAgreement ben��een the Ciq� and CVPOA reeardin¢4/]0 and 3/12.5
schedule. v,�hich is attached to this MOU as Attachment B.
ARTICLE 3.02 FLEXIBLE WORK SCHEDULES '
The City shall ha��e the rieht to"flex"schedules under any one ofthe following conditions: ])on an as-
needed basis for emergenc}�situations;2)on an as-needed basis for employees working in the following
special assienments the Gane Suppression Unit, Street Team, Regiona] Auto Thefr Task Force, FBI
POA bfOU l l/04/14-6/30/U ' Page 20
Resolution No. 2014-204
Paae No. 23
Task Force. Narcotics Task Forc:, �4arine .4ir Group, Special lnvestigations linit \azcotics
Enforcement Team. and.4cadem}�T;aining Officer, 3)for voluntarv training assi�nmenu, ^-.)with the
��oluntarv consent ofthe emplo}�ee.Emergeoc��siruations shall be defined as natural disasters,declared
ci��il disasters and riots w ithin the Cin of Chula Vista.or when response is required under a mutual aid
agreement. .
�RTICLE 3.03 �'AC�TION TIDg
I. Defmition - For the purposes of chis section,the definitions found in the Civil Sen�ice
Rules shall appl�.
II. Vacation
A. V acation Accrual-Continuous ser��ice: Each emplo��ee paid at a biweeld}�rate�vho has
had continuous full-time active service shall be entitled to an annual vacation u�ith pa}�.
This benefit will be calculated on 26 pa}� periods per fiscal yeaz. The follo��in�
pro��isions shall appl}�:
1. Emplo�•ees N�il] accrue 80-hours durins the first throueh fourth }�ears of service
(cumulati��e co a total leave balance of 160-hours). This benefit will be accumulated
at the rate of 3.07 w�orking hours for each full bi�veekl��pa}•period of service performed.
2. Emplo}�ees will accrue and be elieible to recei��e 120-hours annually (cumulative to a
total leave balance of 240-hours) durine the fifrh through ninth ��eaz of sen�ice. The
benefits N ill be accumulated at the rate of 4.60 workine hours for each full biweekly paq
period of sen�ice performed.
3. Emplo}�ees will accrue and be elieible to receive 160-hours annually (cumulative to a
total leave balance of 320-hours) during the tenth through founeenth ��eazs of sen�ice.
This benefit�vill be accumulated at the rate of 6.14���orkine hours for each full biu�eeklv
pa}�period of sen�ice performed.
4. Employees H�ill accrue and be elieible to recei��e 200-hours annualh• (cumulati��e to a
total lea��e balance of�00-hours) durins the fifteenth and succeeding ��ears of sen�ice.
This benefit w�ill be accumulated at the rate of 7.70�i�orkine hours for each full biweel:le
pay period of sen�ice performed.
5. Vacation sell back-All members of represented classifications eaming three weeks or
more vacation annuall��«•ill ha��e the option of sellino fom�(40)hours of said��acation
back to the Cin�. The accumulated ��acation balance ���ill be reduced accordinelv.
Pa��ment of vacation hours H�ill be made the first pa}�day of each month pro��ided that the
Finance Departmz�t has received ten workine days advance notice ofthe request prior to
the pa�•da��.
6. Pa}ment Upon Separation - At the time an emplo}�ee is separated from Cin� ser��ice,
�vhether volunrarilv or involuntaril�. he/she shall be eranted all of the unused annual
leave to which he or she is entided based upon his or her active sen�ice in prior}�ears,
. P0.4 T10U 1 I/0.1/14—6/30fl i Pze 21
Resolution No. 2014-204
Page No. 24
and in addition. he or she shall be eranted annual leave based upon the length of his or
her active service during the�ear in ���hich the separation occurs and computed on the ;
basis set forth in Section(A)(]).Payment shall be made hour for hour with an} portion
of an hour beine considered a full hour. '
7. Vacation Use—Annual leave balances shall be reduced b��the acmal time not worked to
the nearest quarter hour. Absence ma�� not be charged to ��acation not already
accumulated.
ARTICLE 3.04 SICK LEAVE
.4. Accumulated paid sick lea��e credit is to be used for the sole purpose of protectine the
emplo��ee's���ages in the event an absence is made necessarv because ofthe disability;
injury or illness of the emplo��ee or a serious illness or dea[h in his or her immediate
famil��. For purposes of this article; immediate family is defined as spouse; domestic
partner.child, stepchild; parent; stepparent siblin„ parent-in-law, grandparent, or an}�
other person livine as a member of the employee's immediate household. •
B. Sick Leave Accrual-Computation of sick]eave: sick]eave with pay is cumulative at the
rate of 3.69«�orkine hours for each biweekly pay period of service, 96 hours annually,
be¢innine at the time of full-time probationary employment. A person who has held a
position���ith temporan�or interim status and is appointed to a position with probationarv
status, ���ithout a break in service, may have such time credited to sick leave upon the
recommendation of the Chief of Police and Director of Human Resources, and the
approval of the Cin�b4anaeer.
C. Mazimum Sick Leave Accumulation - Unused sick lea��e ma�� be accumulated in an
unlimited amount.
D. Sick Lea��e Use-Sick lea��e balances shal]be reduced b�'the acmal time not worked to
the nearest quarter houc Absence for illness ma�� not be chazged to sick leave not
alreadv accumulated.
E. Sick Leave Verification -The Cit��may, in its discretion,require a doctors certificate
and/or a personal sworn a�davit stating that the employee is unabie to perform the
essential functions of their job in order to determine eligibilit�� for sick leave. If an
employee is required ro furnish a doctor's certificate for absences ofthree da;�s or less;
the emplo��ee must have been notified of such requirement by the Chief ofPolice or his
or her designee.with the appro��al of the City Manager or his or her designee;at least 24
hours before the time the employee notifies'the department that he or she will be absent
because of illness or disabilin�. '
F. Sick Leave Reimbursement
(1) Emplo��ees���ho are unit emplo}�ees on and before June 30, 1979:shall be entitled
to sick lea��e reimbursement of 20.53%for up to 120 da��s(maaimum Z00 hours)
POA MOU I 1/04/14—6/30�17 Pace 22
Resolution No. 2014-204
Paee No. 2�
of unused sick leave upon honorable separation. Unit emplo}�ees covered bv this
paragraph (1) are not eligible for benefits under pazaeraph (2).
(2) Employees�rho are not unit employees on]une 30, 1979,and u�ho become unit
employees thereafrer.shall be entitled to sick leave reimbursement as follows(to
the exdusion, and in fieu of, am• bene5ts under paraeraph (1):
a. Emplo��ees usine thim t�+�o hours (32) or less of sick leave durine the
fiscal��eaz shall ha��e the option ofconvertine ni�enn�-fi��e percent(2�%)
of their remainine yearl�� sick lea��e to pay.
b. Pa�� shall be c.omputed based on the folloH�ine schedule ac�d all
computations shall be rounded to the nearest whole hour:
� Remainine Yeazl��
Sick Leave Pa��
96 hrs 24 hrs
S8 hrs 22 hrs
80 hrs 20 hrs
72 hrs 1S hrs
64 hrs 16 hrs
�6 hrs or less 0 hrs
c. If the pa}� option is selected. the paid sick leave hours shall be
subtracted from the employee's accumulated }�earh� sick lea�•e
balance. The remainine sick lea��e hours shall be carried o��er and
accumulated. (Example: Emplo��ee uses 32 hours of sick lea��e. He
or she then elects to receive pa}� foc 2�°/a of remainine hours, or 16
hours. The ]6 hours are subtracted from his or her remainins veazlv
sick lea��e and the other 48 hours are added to the emplo��ee's
accumulated sick lea��e balance.)
d. Pa��ment will be made durine the month of Jul.• of each �-ear. Pav
�vill be computed based on the emplo��ee's salary step on June 15,and
will onh•be calculated for emplo}�ees�vho ha��e been on the pa}�roll
for one futl vear at the time calculations are made.
e. Permanent emplo}�ees co��ered b�� this pazagraph (E)(2) �iho retire
durine the fiscal year���ill be compensated unde�this plan based on
their formal retirement date. Prorated payment also�vill be made to
an employee who terminates durine the fiscal year. In the e��ent of
the death of an individual �rhile emplo}�ed by the City, 50% of the
POA AfOU 11/04I14-6�30/17 Page 23
Resolution No. 2014-204
Paee No. 26
employee's unused, accumulated sick leave w�ill be paid to the
appropriate benefician�.
(3) The Cin�is proposine a Sick Lea��e Abuse Policy. The parties aeree to meet
and confer on this item as a separate process.
(4) Durine the term of the MOU. the parties a�ee to re-open the discussion of
Article 3.04 Sick Leave; with the Cin�to���ork with the POA resarding the
use of sick lea��e upon appro��al of industrial disability retirement, w ith
changes implemented only by mutual agreement.
ARTICLE 3.05 BEREAVET'fENT LEAVE
V�7�en an employee with permanent status is compelled to be absent from work because of the
death of an immediate family member as defined in Article 3.04 (a), or any other person living in
the same household as the employee or immediate family member ofthe employee's spouse: and
afrer the emplo}�ee makes a H�ritten request and recei��es ti�ritten approval from the Chief of
Police or his or her desienee,the employee may be alloN�ed to use his or her accumulated sick
]eave, vacation, compensatory time, or floatine holiday time for up to five(�) calendar da}�s, plus
three (3) da��s tra��e]time.
ARTICLE 3.06 HOLIDAYS
I. "Hard Holida��s" - During the term of this D40U, the following are the recognized ;
holidavs:
Independence Da�� July 4
Labor Da}� First Monday in September
Thankseiving Fourth Thursday in A'o��ember
Christmas December 2�
I�'ew�Year's Dav Januarv 1
Martin Luther Kine; Jr. Third Monday in January
n4emorial Day Last D4onday in Ma}�
II. Holidav Pa�
A. POA nlembers Vdho Cannot Observe a Normal Holiday Schedule �
l. Ifan officer does not�+�ork a hard holida}�.he or she will recei��e 8 hours pay. �
2. If an officer works a hard holidav on an 8-hour shift,he or she�vill recei��e 8 I
hours pa��plus time and one-half for each hour worked.
3. If an officer w�orks a hard holidav on a ]0-hour shift.he or she��ill recei��e ]0
hours pa}�plus time and one-half for each hour���orked.
POA I�70U 11/04/14—6/30/17 Paee 24
Resolution No. 2014-20�
Paee No. 27
For pa}�ment purposes. if a hard holida� falls on a Saturda��or Sunda��.the da� of obsen•ance
shall b:the acmal dav of the holida��.
B. POA D9embers\��ho Can Obsen�e a K�ormal Holida��Schedule and A'ho ll'ork a�/8
ShiB
1. Ifthe hard holida��falls on a scheduled work da��,che officer shall be oranced
time-off, e�cept as othenti�ise directed b}� the Chief of Police and/or
supen�isor.
2. If the hard holida�� falls on a scheduled dav off, the officer shall recei��e an
eava da� off.
3. If an officer�j�orks a hazd holida��. he or she ti�ill recei��e S hours pa} plus
time and one-half for each hour worked.
For pa}�ment purposes.if a hazd holida}�fal Is on a Sarurda}�or Sundav.the da} of obsen�ance
shall be the dav obsen�ed by seneral City emplo}�ees.
C. POA Members\l�lio Can Observe a Normal Holida�•Schedule and\l'ho Work a 4/10
Shift
1. Ifthe hard holidav falls on a scheduled���ork dav,the officer shall be eranted
time-off eacept as othenaise directed b�� the Chief of Police and/or
supen�isoc Holiday time-off shall be 2ranted for the full 10 hour shi8.
2. If the hard holidav falls on a scheduled da��off: the officer shall receive an
eatra da��off. for the full ]0-hour shifr.
3. If an officer worl•s a hard holida��, he or she ��ill receive 10 hours pay plus
time and one-half for each hour�•orked.
For pa��ment purposes,if a hard holiday falls on a Saturday or Sunday,the da�•of obsen�ance
shall be the acrual dav of the holidav.
III. Floatine Holidavs
Effective the first pa}� period in Juh� of each fiscal }�ear of this ?�40U, emplo}•ees shall be
credited�rith 8 hours each for: Lincoln's Birthdav. �1'ashinaton's Birthdav.Admission Da��.
Columbus Da�• and Veterans` Day. Employees ma�� tal:e floatine holida}� time at their
discretion ��ith the approval of the Chief of Police or his or her desisnee.
A. Floatin�Holida}�lise-If an emplo�•ee uses floatine holida}�time before the holida}�
passes and subsequently leaves Cin�sen�ice;he or she W�ill be chareed for such time.
If an employee does not use his or her floatine holiday time before June 30 of a
fiscal ��ear. he or she w�ill lose such time. The smallest unit of time chazeeable to
floatine holidav time is one half(1/2)hour.
P0.4 AfOU 71/OS/14—690A i Paee 2�
Resolution No. 2014-204
Pa;e No. 38
ARTICLE 3.07 JLJRI'DUTP
For officers receivine a notice to serve on a federal jurp shall be entitled to pay under the
followin2 conditions:
A. They must present to their super��isor the jun� summons to appear for federa]jun�dutv at
least three weeks prior to their date to report.
B. If jun� service and travel time from court to work is less than five (5)hours or seven (7)
hours for persons on a 4/10 plan in a work day,the employee is expected to return to
H�ork unless a justification is provided and approved or pre-authorized leave is approved.
C. Employees ��ho are required to servejur}�dun•on their scheduled days offwill not be
compensated for this time and ma}� keep any fees paid by the court.
D. Ifthe emplo}�ee is not required to report forjury dut��on an}�particular da}�(s)they are
[hen eapected to be at��ork as per their normal schedule. '
E. It is the emplo��ees` responsibilip�to inform his or her super��isor on a daily basis if they
are required to report forjury duh� the folloN�ing day.
F. Absence due tojun� dup�will be submitted on the City leave form.
G. Employees whose work�veek is other than Monday through Friday (8:00 a.m.to �:00
p.m.) may have their jury dut��workday adjustments made by their supervisors.
H. Emplo}�ees�+�ho recei��e compensation for their jur�� service from the courts will return
those funds to the pa��roll specialist unless Section D applies.
� ARTICLE 3.08 COURT LEAVE
Court leave is paid leave eranted b��the City to enable an employee to fulfill hisbr her dup� as a
citizen to serve as a wimess in a court action to which the employee is not a pam�,before a federa]or
superior court Iocated���ithin San Diego Counrv.
Court leave shall be limited to:
A. Required anendance before federal or superior courts located within San Dieeo
Counn�. :
B. Time in attendance at court together with reasonable time betu�een court and work if
attendance is for less than a full day and the employee can reasonabl��be expected to
retum to«�ork.
i,
POA MOU 11/04/14—6/±0/U Page 26
Resolution?�o. 2014-20�
PaQe No. 29
C. Coun lea��e shall not be granted when the employee is paid ari eapen w imess fee.
D. The emplo��ee must submit to the Cin an}� pa�ment received for the court
appearance e�cept vavel and subsistence pa��.
E. Court lea��e w�ill onl} be eranted to employees who aze not liti�ants in the civil case
nor relatzd to litieants in the ci��il case or defendants in a criminal case.
F. Employees shall provide their supen�isor ��ith a copy of the leQal subpoena and
pro�'ide other doc!�*±±ent?*��e��idence of sen�ice.
ARTICLE 3.09 LE a��S OF:1BSENCE
nffi.ITARI' LEA�'E
For purpose of this �10U, the Civil Sen�ice Rules for leaves of absence and militarc leave aze
incorporated as reference as thoueh set out in full in this article.
SECTION N R'ORF+LNG CO\�ITIONS
:�RTICLE �.Ol PROHIBTTED PR4CTICES
I. POA pledges it shall not cause,condone or counsel its unit members or am�of them to strike,
fail to fullp and faithfull}�perform duties, slo�r down, disrupt impede or otherH�ise impair
the normal functions and procedures ofthe Cin�except that nothine shall be consttued in this
MOU to prevent the POA or its unit members from eaercisins am leeal riehts or remedies
the��rnav presentiv possess to redress a w�ona.
II. Should anv unit emplo}�ees durine the term ofthis A90U breach the oblieations ofParaeraph
I,the Cin�Mariaser or his or her designee shall immediately notifi�the POA that an alle�ed
prohibited action is in proeress.
IU. P0.4 shail as soon as possible, and in any event. within eight��orkine hours disavow� an}�
strike or other aileged prohibited action, shall ad��ise its members orall�• and in writine to
immediatel� rerum to work and cease the prohibited acticit��and pro��ide the Cin�\9anaeer
���ith a cop��of its wrinen advisement oc alternativel}�_accept the responsibilirv for the strike
or other prohibited activin� if it fails [o follo�� one or more of the duties set fonh in this
article.
IV. IfPOA disa��oti�s the prohibited acti��ip�and takes all positi��e actions set forth in this b40U
in good faith.the Cin shall not hold the POA financiall}•or otheru ise responsible. The Cim
mav impose such penalties or sanctions as the Ciq� may appropriateh� assess aeainst the
participants.
\'. Should the POA durine the term of this 1�40U breach its oblieations or anv of them under
this .4r[icle. it is agreed that [he Cit}� shall pursue all leeal and administrative remedies
a��ailable to tt�e City that in its discretion it may elect to pursue.
POA AfOU 11/0.i/]�7—6G0/]i Pase?i
Resolution No. 2014-204
Paee No. 30
\'I. There shall be no lockout b��the Cit��during the term of this?vlOU.
ARTICLE 4.02 AD\'ANCE NOTICE
The Cin�shall eive reasonable advance��ritten notice to the POA on any proposed change or ne�+�
ordinance. resolution, departmental rule or regulation relating to matters within the scope of
representation proposed to be adopted by the Cit��or the Department. The POA shall be given the
opportunirv to meet and confer ti�ith Cin� or Department representatives prior to adoption of an}�
proposed chanees.
ARTICLE 4.03 DRIVIIVG ELIGIBILITY
R'henever an employee drives a vehicle for City business he or she shall have a valid Califomia
drivers license. In order to ascertain the validip� of the employee's license, emplopees must
present their dri��ers license to their supervisor upon request. The Cim reser��es the rieht to
check�vitti the Department of Motor Vehicles at am�time to determine if the license is valid. If
an employee's drivers license is revoked; suspended or othen��ise made im�alid, the emplo��ee
must inForm his or her supen�isor. Failure to notify the supervisor ma}�result in immediate
disciplinan�actioa An emplo��ee��ho does not possess a��alid Califomia dri��er's license will
be considered for a non-dri��ing position, if one is available in the employee's classification. The
non-driaine assienment will continue for a ma�imum of six months if there is a reasonable
expectation the emplo��ee H�ill ha��e a��alid California driver's license at the expiration of that
time. Estensions to the six-month limit will be considered on a case-by-case basis; howe��er; in
no case shall an employee recei��e more than one non-driving assignment in an��three-year
period. R'hen no non-driving assignment is available, employees must request a leave of
absence without pay for sia months or until such time as their license is once aeain valid,
whichever is shorter.
In order to assure that �on-driving assignments are provided on a fair and equitable basis; the
fo]IoN�ine procedures shall be observed:
A. Each department���ill determine whether it has any non-driving assienments that can
be filled by emplo}�ees w�ho would o[herN�ise ha��e dri��ine assi2nments.
B. t�'on-dri��ine assienments will be gi��en on a first come; first ser��ed basis. For
e�ample. if n��o emplo}�ees in a department have a non-valid dri��ers license and
there is onl}�one non-driving assienment;the first employee who comes fon��ard�+�ill
be gi��en the non-drivine assignment. The other employee may apph�for a leave of
absence as described abo��e.
ARTICLE 4.0� PH1'SICAL ABILITI'TESTING
POA D10U 11/04/1�6/i0/]i Page 28
Resolution ivo. 2014-204
Pase No. 31
A. The Cin'of Chula \'ista alone w�ith the P0.4 aerees that for the safen� of the emplo��ee az
well u the public, those employees H�ho are represented b�' the P0.4 should maintain a
minimum level ofph�•sical fimess. The ph��sical fitness ofthe emplo��ee will be assessed in
na�o manners. The first will be a ph�•sical assessment and the second a ph}�sical agilin�test.
B. All represented emplo��ees may be required to undergo a physical fitness assessment if the
Chief of Police and/or the Human Resource Department determines ar� assessment is
necessan�to insure the emplo}�ee can full��perform his or her duties. The initial azsessment
w�ill eeneralh�consist of a ph}�sical conditionine assessment.
C. Ph��sical Aeilin�Test
Employees mav be required to tal:e a physical aeilin�test in accordance w ith the standards
and tests established as part of the physical a�ilitt�program unless thev request and recei��e
an esemption from the Chief of Police.
ARTICLE 4.05 FI"I1�SS FOR DUTl'
The parties agree that ph��sical and mental fimess of Cin emplo��ees aze reasonable requirements to
perform the duties of thejob and instill public confidence.Recognizing these imporzant factors,the
panies agree that durine the term of this D90U;the Ciw��ith reasonable cause_mav require medical
and ps}�choloeical assessmenu ofemployees provided the City pa��s and pro��ides time offwithout
loss of pa�� for such assessments. All such assessments shall be done b�� appropriatel}� qualified
health caze professionals. It is understood that the assessment resimen performed b�� said
professionals shall be reasonably related to the requirements and duties of the job.
Am�treatment or remedial action shall be the full responsibilin�ofthe emplo��ee,except�othenvise
provided b�� la«�or as ma}�be provided throueh the Emplo��ee.4ssistance Proeram (EAP) for Cin�
emplo}�ees.
?.RTICLE 4.06 SUBS7ANCE ABUSE POLICI'
Emplo��ees represented b}� PO.A are subject to the Ciq�`s Substance Abuse Policv.
ARTICLE 4.0 i PA]'ROLL DEDUCTION
Upon the receipt of a written request and authorization from an emplo}�ee for deduction of POA dues
the Cin�shall�3�ithhold such dues from the salary ofthe emplo��ee and remit the withholdinas to the
POA. The Cin� shall continue to �•ithhold such deductions unless the emplo}�ee files a statement
with the Cin� �i•ithdraw•ine authorization for the continued withholdine of the deductions. The
effective date ofwithholdins to the POA.and the effecti��e date ofdiscontinuance and all procedural
maners shall be determined in accordance�+�ith the Rules and Re¢ulations ofthe Director ofFinance.
POA D10U I l/0.1AA—6�30/1 i Pxse 29
Resolution No. 2014-204
Pa�e No. 32
.ARTICLE 4.08 DIRECT DEPOSIT
Reorecented emplo��ees hired on or after lanuan� 1. 2006 N�ill be required to oro��ide written
authorization to the Cin's Director ofFinance to electronicallv deoosit their oavchecls to a fmancial
institution of their choice.
ARTICLE 4.09 GRIEVANCE PROCEDLTRE
This erievance procedure shall be in effect durins the full term of this MOU.
Section l. PURPOSE. The purposes and objectives of the Grievance Procedure are to:
- 1 Resol��e disputes arisine from the interpretation, application or enforcement of
specific terms of this I�10U.
2 Encourase the settlement of disagreements informally at the employee-supervisor
le��el and provide an orderly procedure to handle grievances through the several
supervisom levels where necessar}�. '
3 Resol��e grievances as quickly as possible and correct, if possible, the causes of
erie��ances thereby reducing the number of grie�•ances and future similar disputes.
i
Section 2. DEFIlVIT101�S. For the purpose of this grievance procedure the following �
definitions shall appl��:
1. 1�9anager: The Cih'1�4ana¢er or his or her authorized representati��e.
2. Da}�: A calendar day,escludin�Saturdays,Sundays and hard holidays as described
b}•this 1�90U.
3. Department head or head of a depart�nent: The chief eaecutive officer of a
department.
4. Director of Human Resources: The Director of Human Resources or his or her
authorized representati��e. �
�. Emplo}�ee: Am�officer or reeular(not temporan�) employee of the City, escept an ;
elected o�ciaL �
6. Employee representative: An individua] who speaks on behalf of the emplo}�ee.
�
7. Grievance: A complaint of an employee or group of employees arising out of the �
application or interpretation of a specific clause in this D90U.
S. Immediate supen�isor: The individual���ho assigns, reviews, or directs the�ork of
an employee.
POA MOU I1/04/14—6/30/17 Page 30
Resolution No. 201�-20�
Pase I�'o. 33
9. Superior: The individual to N•hom an immediate supervisor repons.
Section3. REVIER'.4BLE.���NON-REVIEI�'.4BLEGRIEV.�.NCES.
1. To be re��iew�able under this procedure a grie��ance must:
a. Concem matters or incidents that ha��e occurred in alleeed violation of a specific
clause in this D40li: and
b. Specifi the relief souoht�vhich relief must be w•ithin the power of the Cin�to erant
in Nhole or in part.
2. .q arievance is not reviewable under this procedure if it is a maner which:
a. Is subject to those resen�ed Cin•Manaeement Riehts as stipulated under Section 4 of
the Emplo��er-Emplo��ee Relations Policy for the Cin� of Chula Vista or under
management ri�hts as specif ed in this �10U
� b. Is �e��ie�t�able under some other administrati��e procedure and/or rules of the Civil
Service Commission such as:
(1) .4pplications for changes in title;job classification or salan
(2) 4ppeals from a formal disciplinar� proceedin2
(3) 'Appeals arising out of Civil Sen�ice examinations
(-�) Appeals from work performance evaluations
(�) �ppeals that ha��e a civil rights remed}� or some other remed}�
specified b}� la���
c General complaints not directl}�rela[ed to specific clauses of this�40U
d. R'ould require the modification ofa policy established bv the City Council or
bv la��' -
� e Relates to am Cin�group insurance or retirement proaram
P0.4 MOU 11/0.4/lr 680/1 i Pase_l
Resolution No. 2014-204
Pase No. 34
Section 4. GENER4L PROVISION OF THE GRIEVANCE PROCEDURE.
1. Grievances mav be initiated onl�•b��the employee or employees concemed or b}•the
P0.4 on behalfofitselfreeardine an othen��ise grievable incident The POA cannot
erie��e for itself an incident already erieved by an emplo}�ee or group of employees.
Com�ersely; an emplo}�ee or group of employees cannot grieve an incident already
grieved by the POA.
2. Procedure for Presentation. In presenting his or her grievance. the emplo}�ee shali
follow the sequence and the procedure outlined in Section 5.
3. Prompt Presentation. The employee shall discuss his or her grie��ance with his or her
immediate supervisor «�ithin ten Q 0) working days after the act or omission of
management causine the grievance, or within ten (10) working da��s of H�hen the
employee.with the exercise ofreasonable dilioence,should ha��e discovered the act
or omission beina erieved.
4. Prescribed Form. The H�ritten erie��ance shall be submined on a form prescribed by
the Director of Human Resources for this purpose. '
5. Statement of Grie��ance. The erie�•ance shall contain a statement of:
a. The specific simation; act or acts complained of as a��iolation of the MOU;
b. The inequih�or damaee suffered b�� the employee; and
c. The relief soueht.
6. Employee Representative. The employee may choose someone to represent him or
her at an}�step in the procedure. No person hearing a grievance need reco_nize more
than one representative for any employee at any one time,unless he or she so desires.
7. Handled During \�'orking Hours. V�'hene��er possible, grievances will be handled
during the reeularl}�scheduled���orking hours of the parties involved.
S. Estension of Time. The time limits���ithin H�hich action must be taken or a decision
made as specified in this procedure may be estended by mutua] writte� consent of
the parties im�olved. A statement of the duration of such extension of time must be
signed by both panies im-olved at the step to be extended.
9. Consolidation ofGrievances. lfthe grievance invol��es a group ofemployees or ifa
number of emplo��ees file separate grievances on the same matter, the grievances
shall. whene��er possible,be handled as a single grie��ance.
POA�40U11/O4/l�t-680/17 Pa�e32 '
Resolution I�'o. 2014-204
Pa¢e I�'o. 3�
10. Settlement. .M�� complaint shall be considered settled w�ithout prejudice at the
completion of am� step if all panies are satisfied or if neither pam� presents the
matter to a higher authority�+�ithin the prescribed period of time.
11. Reprisal. The grievance procedure is intended to assure a erie��ine emplo}�ee the
riaht to present his or her grievance without fear ofdisciplinarv action or reprisal b}�
his or her supervisor, superior or department head provided he or she observes the
provisions ofthis grievance procedure.
12. Back pa�. The reseh!?iee of a orieaance shall not indude pro��isions for back pa}�
reuoacti��e further than rn�enn�(20)��orkine da��s prior to the date the grievance is
filed. However.if���ith the e�ercise ofreasonable dilieence the act or omission beine
erie��ed ���as not discovered �vithin 10 ��orkine davs of its occurrence. and the
grievance is subsequentl}�timeh filed pursuant to Section IV(3),then the resolution
of the grievance ma}� include pro��ision for back pa}• for a ma�:imum period of one
��eaz from the date the grievance ��as filed so lona as such back pa�� awazds are
compliant with the la��.
Section �. GRIEVA\CE PROCEDURE STEPS. The folloN�ins procedure shall be followed b}
an emplo��ee submittine a Rrievance pursuant to this artide:
Step 1 Discussion with Supen�isor.
The emplo}�ee shall discuss his or her erie��ance with his or her immediate supen�isor
informall}�. �l'ithin three (3) �ti�orkine days, the supen�isor shall ei��e his or her
decision to the emplo}•ee oralh�. �
Step 2 \l'rinen Grievance to Superior.
If the employee and supen�isor cannot reach an aereement as to a solution of the
erievance or the emplo}�ee has not recei��ed a decision�j�ithin the three(3)���orkine
days'time limit_the emplo}�ee ma}��+�ithin se��en(i)H�orkine da��s present his or her
�rie��ance in writin� to his or her supen�isor. The supervisor shall pro��ide written
comments to the grie��ance and present the erie��ance and comments to his or her
superior within seven(7)N�orking da}�s. The superior shall hear the grievance and
oive his or her���ritten decision to the employee W�ithin se��en(7)workin2 da}�s afrer
receivine the erievance.
Step 3 Grievance to Department Head.
If the emplo��ee and superior cannot reach an aereement as to a solution of the
2rie��ance or the emplo��ee has not received a written decision within the se��en (7)
, �vorkine days'limit the emplo��ee ma}�w�ithin seven(i)working da��s present his or
her�vritten 2rie��ance and all written comments and/or decisions in���ritine to his or
her department head. The department head shall hear the erievance and Qi��e his or
her�ti�ritten decision to the emplo��ee within seven (7) �j�orkine da��s after recei��ing
the grie��ance. Representa[ive at Step 4.
Step 4 Grie��ance to Director and �4anaeer.
POA MOli 11/04/Ir 6�0�1 i Paoe=3
Resolution No. 2014-204
Paee No. 36
Ifthe crie��ance is not settled at the department head le��el,it may be submitted b� the
PO.A Representative within nvenn� (20) N�orkina da}�s to xhe Director of Human
Resources,H�ho shall im�estieate and report his or her findines and recommendations
to the Cin�TQanaeer�vithin ten (]0)ti�orkine days. The Cin�Manager shall pro��ide
his or her ansN�er within ten(]0)additional working da}�s. The times indicated ma��
be eatended b�� mutual a2reement. Any Employee erie��ance will be filed by the
POA.
Follo��ine the submission ofthe Cin�1�4anager's answer;and before goine to Section
6.Advison�.4rbitration.matters which are unresol��ed shall be discussed at a meetine
betu�een the parties during�ehich all pertinent facts and information���ill be recie«�ed
in an effort to resolve the matter through conciliation.
Section 6. .AD\'ISORY ARBITRATIOA'.
An��dispute or grie��ance which has not been resol��ed by the Grie��ance Procedure
ma�� be submitted to advisory arbitration by the P0.4 Representative or the Cirn
without the consent of the other parq� providing it is submitted within ten (10)
���orking days;following its termination in the Grie��ance Procedure. The follo��ing
Ad��isory Arbitration procedures shall be followed:
1 The requesting party will notify the other party in H�riting of the matter to be
arbitrated and the MOU provision(s) allegedl�� violated. \��ithin five (5) working
da}�s of the receipt of this notice,the parties may agree upon an arbitrator;or a panel
of three arbitrators trained in conducting grievance hearings.
If aereement on an arbitrator cannot be reached,the State Department of Industrial
Relations shall be requested b�� either or both parties to provide a list of five
arbitrators. Both the Cih�and the POA shall have the right to strike nso names from
the ]ist. The party requesting the arbitration shall strike the first name; the other
pam� shall then strike one name. The process ���ill be repeated and the remainine
person shall be the arbitrator.
2 The arbitrator shall hear the case N�ithin h��ent��(20)working da}�s after the arbitrator
has been selected. The arbitrator shall make rules of procedure. The arbitrator shall
make a written report of their findines to the POA and the Cit}� ���ithin fifreen (li)
workine davs afrer the hearine is concluded. The decision of the arbitrator shall be
advison� to the City Manaeer who shall render a final decision within ten QO)
���orkine da��s.
The arbitrator shall ha��e no authoritv to amend. alter or modifv this n40U or its
terms and shall limit recommendations solely to the interpretation and application of
this MOU. The abo��e time limits of this provision may be extended b}� mumal
aQreement.
3 Each grievance or dispute «�ill be submitted to a separately convened arbitration
proceedine except when the City and the POA mutually agree to ha��e more than one
erievance or dispute submitted to the same arbitrator.
POA MOli 11/Oi/14—6/30A 7 Pa¢e 34
Resolution No. 2014-20�
Paee No. 37
� The City and the POA shall shaze the eapense of azbitrators and��imesses and shall
share equall��an.�other e�:penses, including those of a stenographer, if required b}�
either pam. If either pam�elects not to fol]oH�the advison decision rendered b}'the
arbittator,that pam�shall pa��the entire cost ofthe arbication process:includina the
expense of the arbivator, w�imesses and/or steno�rapher.
(Signarure pa�e to follo���.)
POA MOU l]/0.4A;-6L 0/17 Pz:3�
Resolution I�'o. 2014-204
Page No. 38
Neeotiatine Parties
For the Cin�: For the POA:
Gan� Halbert Fred Rowbotham, President
Cip�1�4anager Police Officer's Association
Date Date
I
Kelle��Bacon
Neeotiator
Date
Attachments:
A. Hourl��Rates �
B. Au�ust 30, 2012 Side Letter of Aereement
_ i
i
I
i
POA MOU 11/04/14—6/30.�17 Peee 36
, Resolution No. 2014-204
Pa�e No. 39
j
;
i
AI`TACHI'LE�T A �
�
EFFECfi�'E 1?R6R014
CL.4SSIF1CA770n ST'E�P a STEP B ST�P C STEP D CTEP L
i
. PeaceO„ice; $3i30 534.97 $36.i1 r8.�5 Sa0.48 �
Polic:Agcnt 5�5.67 535.50 .�40.43 $42.55 SS4.57 I
I
Police Sergexnt �3.(8 S�e.29 $46.51 S4S.83 F51 ?7 �
� PoliceLieuunant 550.62 553.15 SSS.SI 558.60 $61.53 I
NOTE: Police Re-ruits zre re�resenud by CVFP,. �
Thes_bas_hou:ly :atcs are an approxunarion only. Fiva! hourly rates may be �
different eue to rouading oi figures.
j
I
i
�
I '
i
i
Resolution No. 2014-204
Page No. 40
ATTACHMENT B
S?DE LE7TPR Os AGREEMENT BET«EN THE C7TY OF CH(7LA VISTA
AhTD THE CHULA VISTA POLICE OFFfCb'RS ASSOCATION
, Augus;3Q 2012 .
� Tbe City oi Chula Viste("Cit�')a*�n the Chula Vis.a Police Officers Association
("POk")h^:eby entcr in,o fnis Side LeKer of A�eement and agee to the mliowing
tcmL:
L [MOU extcnsionj Unlas othenvise specincally indica,ed in this side letter,ell of the
eusting ferms and condiEions ofthe cuaent Memorandum ofUnderstanding("MOV') �
xnd side letters datai 1/1/09,(Re,'vee ivtedical Trust participation); ]/26/09,(R�ages);
8/2b/09,(Compensatory Tune); 10/13/Q9,(Bilingual Er,am),and; I/25/1 l, (Pension �
Contnbution end Misc.)will be euended and romein in full force¢nd e$ect tin�ough 7uoe
30,2014. , �
2. [4/10—3/12.5 ScLedule]E$ective the first pay-period ici January 2013, (01/ll/13),a
nybrid"4/10—3/12.5"work scha�ule will be implemented for officex�assigned to pffim7,
(ezclvdi�e Tratfic,Street Team/GSU,SRO,eed Geogapttic Yolicing). Officers assigned -
to the 4l10 schsltile will tvork Monday througL Thvnday,while officers assigned to the
� 3l12.S schedele wit!work Friday,Saturd¢}', and Sundsy. �
3. [Work period]The Cit;h•has rnaGed the 7k esemption in the case of law rnforcemea: -
rs pemutted by the Fair Lebor S,andards Act. The work period for employees assigned
the 3/125 work schedule will be 160 hov:s in a 28-day cyde beginning at 00:01 on
Friday end ending 28 days later.
4. [10 6ovr pay-bzck]Beause officers assigned to tLe ]2.5 hour shift work 75 houcs �
during a rivo week pay-period, they are requved ta work an additional 10 hour shiff evay
28 day cyc]e. T'ris additional shift will typiezlly bc rcpaid by attending regulazly
scheduled bi-month!y 1 D t�ur trainino dft}5� aad duricg opposing uwnttu,p=oviding
coverage when officers assigned to the 4/10 schedulc zttrnd their regulazly schedul�
trzL�ing days. The traiaing date will be dctermiaed by t�e departmeut. I
5. [Overtime] Overtime for officers working a 12.5-hour shift will be paid in aeeordanee �
with section 2.02 ofthe MOU I
6. [2-y^.,ar 7risl Period]The first two years£o]kwing irrip)ementaGon of the sch^_d�le set I ;
foAh in paragraph 2 will be considered a trial pe�iad At zny time during this 2-y;z*i,-iy]
period,the POA and Police DepzRmeet, et ei[rer per[}�s requcst, shall meet to d'scu�s �
, changrs to and/or issues with the schcdule; whe¢necessary;a committee wi;h �
rep;es�ta[ion from both panies will be formed to fwiher discuss and resolve these
issues, If t6e coavnittee does notreach a mutua egrcement,ihen the Chie£ofPolice
shall have 5nal zuthority. The conmminee may be composed of fne following:
e. Two(2)members chosen by the PO.A.
I I
, Resolution ivo. 201�-20�
Paee No. 41
i
b. Tt;o(2)aemSers ch,s�b}'cbe?aice Deaar•an��
c. Oae(I)�:�r,Ser chosea by the z'7ove fo�r�ecuel!y. T"n��menber siu.tl
�a:ici�a?e on!��in e oon-bi�ding zdviso:y roie.
7. [Continua;ior.of Schcduie afrer Triel pr:iod]No lz:a ti�zr..50 deys ai�r to�he
:aminazion of the 2 vesr trial pr.io.�,the POA z.nd p��;e rJ� a
t e snzll�ee[ 3 '- ° ���, z.eitSer part}�s
�4 �4 au con.c ro discuss coN�,va;ion oy a�G/o:sssu;s rvitn L'�e schd_!e
__--- ir.ezis2qce a?:nzt tim:: w;ca axase,-v�y�„u7x a•ith re�rseCZ�o�
----�- -- -- pa7i�wi11 be fr_=�d te m.,h=.discess saic�wn:��.:a:: � @om bod� . . . ..
�•` on and/o:resolve tnese icsves. �
� ForCVpOA: For:heCityofC'n.ciaVista: �
��o%Z � . /
ene Dete ��-> �/ �O��Z
T�B Da:e
Nzme . Da?e . kzrae
D2.e
I
�
�
I I
� �