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HomeMy WebLinkAboutReso 1990-15792 RESOLUTION NO. 15792 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1990-1991 THROUGH 1992-93 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 a copy of which is on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby a~prove and accept said Memorandum of Understanding as contained in Exhibit 'A" for fiscal years 1990-1991 through 1992-93. Presented by Approyed as to fl rm by ~. M. Asmus ~rucZ M ~oogaar~ Assistant Manager City Attorney Resolution No. 15792 Page 2 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21st day of August, 1990 by the followin9 vote: AYES: Councilmembers: Malcolm, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss ABSTAIN: Councilmembers: None ATTEST: Beverly A.~Autheiet, City Clerk ' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15792 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 21st day of August, 1990. Executed this 21st day of August, 1990. everl~ ~//~Authelet, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA ~D CHULA VISTA POLICE OFFICER'S ASSOCIATION 1990/91 - 1992/93 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHU~A VISTA POLICE C~FFICER'S ASSOCIATION FOR FISCAL YEARS 1990~91 - 1992/93. 1.01 PREAMELE 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 2.0~ CALLBACK 2°08 EILINGUAL PAY 2°09 DIFFERENTIAL PAY 2.10 ~EALTH AND WELFARE 2,11 ~3~TIREMENT 2o12 ~OLIDAYS 2o13 VACATION AND SICK LEAVE 2o14 LEAVE OF AESENCE 2.15 MILITARY L~?NE 2.16 JURY DUT~ 2.17 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 ELIGIEILITY 3.07 SUBSTANCE ABUSE POLICY 4.01 HEALT.}{ FITNESS PROGRAM 5.01 TERM AND EFFECT OF ~OU 5.02 RETENTION OF BENEFITS 5.03 SAVINGS CLAUSE -2- ., 1.01 PI~AMBI~ '~"~!" The following constitutes a Memorandum of Understanding between ' ~'~ ' the City of Chula ViSta ("City") and the Chula Vista Police c. Offioer's Association ("Association") as a result of meeting an~ .~.=' conferring in good faith concerning wages, hours and other terms ;~]~ and conditions of employment, pursuant to Government Code Section 3500 st. seq. and the Employer-Employee Relations Pol3.cy of the i!i City of Chula Vista. · ~ 1.02 RECOGNITION ~7C! The City recognizes the Association as the certified !y3i~$ representative for all employees of the Police Department who are ~i,..'. employed in the classifications of, or have the working titles . of~ Peace Officer, Police Agent, Police Sergeant, and Police Lieutenant. 1.03 CITY RIGHTS # Nothing contai~ed 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 cf 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 th~ established I! ..... 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. ';j;! ... Take actions necessary to carry out the mission of the ~' .' Cityin emergencies and in other situations of unusual or "~'~' temporary circumstances. Continue to'.exe)~ise 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 ~'I" 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 Cit rights directly affect wages, hours, and other terms and condftions of employment. 1.04 ASSOCIATION RIGHTS ij= I. AuthOPize~ 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-employee relationship, provided thet~ (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 Chief of Police or his/her designated representative when contacting unit employees during the duty period of the employees. The Chief of Police 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. , !.:?:!: -4- 1 · 05 EMPLOYEE RIGHTS I. Employees may form, Join and participate in the activitie! of employee organizations of their own i~~~ choosing Or the purpose of representation in · matters o employer-employee relations. 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 ~ ofthess 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. Bas& wages during the term of this agreement will bo ~'] determined in accordance with the following ~: provisions A. FY 1990-91 Effective the pay period commencing July 13, ~i' 1990, 811 classifications represented by the ?' Associn~ion will be granted a base salary =, increase of five percent (5%)I. FY 1991-92 In Septembers1991 the City shall conduct a salar~ survey of the Peace Officer class fication. Said survey shall include the following Ju iedicticns,-,_ The City of Carlshad The City of Coronado The City of E1 CaJon The City of Escondido 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 Ctty's July 13, 1990 base wage for Peace Officer at "E" step shall be compared to the surveyed J risdictions' base wage for comparable ~ c~assifications at the top step that is · ~i 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 July 13, 1990 base wage for the classification of Peace Officer is below the average base wage for the surveyed Jurisdictions (excluding Chule Vista), then and in that event all of the ciassificstions represented by the Association will be granted the percentage base salary increase required to bring the city's Peace . . Officer classification up to one percent (1%) above said base wage. Salary increases under formula be to the pay period commencing on June 28, 1991. At tno time the survey is completed, representatives of the Association and Management shall meet to review the survey results. Increases in base salary granted under this formula shall be calculated at e 1~1 rate (i.e. a 1% salary increase granted for each 1% the City is below the average base wage). Increases granted under the formula shall become effective the pay period commencing on June 28, 1991 C. P~ 1992-93 Effective June 26, 1992, all classifications represented by ~be P,O.A. will be granted a base salary increase of three percent (3%). In September, 1992, the City shall conduct a ~E]ar survey of the Peace Officer class~ ication. survey Said shall include the f same Jurisdictions surveyed in FY 1991-92. In conducting the survey, the City,s July 1, 1992 base wage for Peace Officer at "E" step shall be compared to the surveyed Jurisdictions' base wage for comparable classifications at the top step that is -6- available to all Peace Officers. Agency payments of normal member PERS (or similar retirement program) contributions will be incl[ded, 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 July 1, 1992 base wage for the classification of Peace Officer is below the average 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 two percent (2%) above said average base wage. Salary increases · 'gramted under this formula shall become effective October 2, 1992. At the time the survey is completed, representatives of the Association and Management shall meet to review the survey results. Increases in base salary granted under this formula shall be calculated at a 1:1 rate (i.e. a 1% salary increase granted for each 1~ the City is below the average base wage). Increases granted under the formula shall become effective October 2, 1992. I. All other payroll and wage changes shall be made ~.~: effective st the beginning of the regular pay period !.,1~ closest to the date of change. II. Distribution of paychecks shall be done only on regular paydays except in a~ emergency, when employees may receive their check on a day other than a regular payday if a memo is directed from the Chief of'Police to the Finance Officer Justifying the request. ~. III. All employees covered by this agreement may receive a maximum of two weeks earned vacation pay in advance. Vacation pay in advance will be made on a In reguls~ payday provided the employee notifies the Finance Department at least three (3) working days prior to the payday on which payment is desired. IV. 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 ~!T~i to the next step of the schedule. Step increases -7- ....- F-l/. --- - may bedelayed by the Chief of Police in cases of sub-standard performance. Only permanent status employees'may appeal that decision through the Civil ServiceCpmmission. In cases of exceptional performance~ an employee may be granted an early step increase or double step increase based on the recommendation by the Chief of Police and the approval of the City. Required months of service for each step shall be: Months SteD 6 months in 1 6 months in 2 6 months in A 6 months in B 12 months in C 12 months in D I Thereafter in E 2.02 EDUCATION/P.O.S.T. INCENTIVE PAY I. Starting with the first pay period in July 1990, employees represented by the Association shall be entitled to either $40 or $80 per pay period if they meot the educational/P.O.S.T. incentive pay requirements detailed below. 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 $40 per pay period.. Police Officers or A ents who have obtained both a B.A./B.S. (or hYgher) degree and an Advanced P.O.S.T. Certificate shall be entitled to 880 per pay period. S. Police Sergeants who have obtained either an A.AT/A.S. (or higher) degree or a Supervisory P.O.S.T. Certificate :hall be entitled to $40 per pay period. 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 $80 per pay period. C. Police Lieutenants %,ho have obtained either an A.A./A.S. (or higher) degree or a Management P.O.S.T. Certificate shall be entitled to $40 per pay period. Police Lieutenants who have obtained both a B.A./B.S. (or higher) degree .~ and a Management P.O.S.T. Certificate shall be 'i entitled to $80 per pay period. .. ._ complete at least 3 college credits pursuant to a college degree program shall be entitled to a $75 bonus p~yment per semester. Said payment shall be payable,at the end of each school semester in which proof of course completion is submitted and shall not exceed $225 per 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 chief of Police or his/her designee. Uniform cleaning will be the employeest responsibility. When an employee terminates employment with the Police Department, he or she mus= return to the City all regulation police uniforms and equipment provided.a~ City expense; provided, however, that employees hired prior to July 1, 1984, may keep any equipment and uniforms they purchased before July 1, 1984 II. CLEANING Commencing July 1, 1990 employees represented by the Association shall be entitled to a uniform cleaning allowance calculated at $100 per year for officers required to be in uniform more than 50% of their workin~ hours and 850 per year for officers required to be n uniform less than 50% of their working hours. Said cleaning allowance shall be payable during the first pay period ending in December. Commencing July 1, 1991 employees represented by Association shall be entitled to a uniform cleaning allowance calculated at $200 per year for officers reqUire~ to be in uniform more than 50% of their working hours and $75 pe~ year for officers required to be in uniform less th~n 50% of their working hours. Said cleaning allowance shall be payable during the first pay period ending in December. 2.04 MILEAGE REIMBURSEMENT Employees shell 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 BO0 miles each month -9- If an emplo'yee is reporting to court or to training on their day off they may be reimbursed for up to a maximum of 50 miles total roundtrip. Employees will not receive mileage reimbursement for staff meetings, committee meetings or any other reason to return to work except for scheduled court or training. '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. Any~deviation from the current scheduling practice will be preceded by e meeting of a committee of the City end Association no more than 6 months and no less than 3 months before implementation of the new schedule~ If s mutual agreement is not attained in the committee, the Chief of Police shall have final authority. 2.06 OVERTIME I. Subject to the provisions of Paragraphs II through IV below, when an employee is required or is ordered , tot A. Work on his/her day off~ or B. Report back to work after he/she has left his/her work station; he/she shall be compensated for a minimum of two hours 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 hours worked during a work period in excess of 80 hours in a work period. C. Association employees will be compensated for ~,~ such time worked in accordance with the provisions of the [LSA and the 7K exemption. For the purpose of calculating the overtime premium, time worked shall include paid time off and eligibility for overtime shall be based on hours worked during a work period in excess of 80 hours in a work period. ~I. Holdovers 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 '~' " -10- accordance with Section C. above. In no event will an employee be paid for less than 15 minutes with such time disregarded and not accumulated. III. court Tima - Employees on scheduled time off, who · are subpoenaed in the line of duty or required by the Chief of Police or his/her desAgnes to be present in criminal or Juvenile court, or other Judicial proceedings, shall be compensated as provided under 2.06.I.C 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 employeels 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 employeels home, as the cas~ may ~e, at the mileage reimbursement rats as set out in Section 2.04. In May 1991 the City will survey all of the cities listed in 2.0I.B for the purpose of evaluating a change to the minimum time to be reimbursed for a court appearance. If 5 or more of the surveyed cities reimburse for either three or four hours, then the City, effective July 1, 1991, will increase the guarantee ~lnimum court time from two to three hours. If five or more surveyed cities reimburse at four hours, then the City, effective July 1, 1991 will increase the guarantee minimum court time from two to four hours). For purposes of calculating payment, if a court ~ppearance is scheduled to begin at a time contiguous with the end of an employee's shift, payment shall be made under thu 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 R~gular 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 1-1/2 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 employsews request while recognizing the overall staffing requirements of the department. Compensatory time shall not be accrued to an employep'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 be raised from 40 to 80 hours. After July l, 1991 compensatory time shall not accrue to an employses credit for any time in excess of eighty (80) hours. Whenever an employee is called back to work, after he/she has 1.ft hi./h.r work .it., end i. r.quir.d to r.turn to work b.fcr. 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. ' # and the approval of the Personnel Department and City Manager, successfully complete the Bilingual Performance Evaluation, and are regularly required to use their bilingual skills in the performance of their dutieo will receive addition to their regular Bilingual Pay will receive 8100 per month instead of $65 per month in addition to their regular pay. 2.09 DIFFERENTIAL PAY compensation 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.' Standby duty is defined as that period of time, in addit on 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 es=entiel service within one (1) hour of 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. ,~-;~. II. Motorcycle Pay - Employees who are assigned to ~:,~ Motorcycle Duty shall receive $65.00 per month additional compensation. Effective June 28 1991, employe~as shall receive $85.00 per month instead of $65 PeR month. '~" III. Dog Handlers - Employees who are designated Dog ~... Handlers will receive $55.00 per month additional · ~!~ compensation. Effective June 2S, 1991, employees ~.: shallreceive $85.00 per month instead of $55 per ~.. month. ~..~i IV. Fieid Training Officers - Peace Officers who are ~,!' designated Field Training Officers (FTO's) will ',"', receive $0.40 per hour additional compensation when !:~5. they are actually engaged as FTO'S. ~., V. Police Agent - The wage spread between the classifications of Peace Officer and Police Agent ~.?, shall ~emain at five percent (6%). ~ 2.10 HEALTH. AND WELFARE ,.~. ~' I. Hospital/Medical Care Benefits : A. Each represented employee must select one of ~'.~ the health insurance plans offered by the City I. for the employee's own health protection, This _. minimum ~ategory of coverage is known as ~,~: "Employee" coverage. A represented employee may select coverage for his/her qualified dependents from one of the City's health insurance plans under one of two categories of . optional coverages "Employee plus One" or "Employee plus Family" coverage. A represented employee who is married to another City of Chula Vista employee may el~c~ to obtain his/her City health insurance ~r~'~:' coverage as a dependent under the spouse's lk~:" primary health insurance plan. ~'~"!: B. EffeCtive the first pay period commencing in July 1990, the City agrees to provide the Kaiser Health Plan (4253-01) to employees and quafilled dependents with the City paying the full costs of said plan as of the first pay period commencing in July 1990. The costs are as follows as of July l, 1990: Employee Only $116.92 Employee & One Dependent $233.84 Employee & Family $331.10 -13- ...... z'/'/ -- ' -.. The City wkll pay for up to a 15% increase in the monthly cost of said Kaiser Plan (for the r~e~ective three categories of coverage) during ~Y~199C-91, With the affected employees and t~e City equally sharing the cost of any monthly increases in excess of 15% during FY 1990-91. Tho City will ~nCrease its highest monthly contribution rate during FY 1991-92 (for the respective three categories of coverage) by up tc 10, to ccv.r furth.r monthly co.t incr.as.. in said plan during FY 1991-92. The 10% incroase will be implemented January 1, 1992 to coincide with the new health plan year. During FY 91-92 if health insurance premiums increase by more than 10% the affected employees and the City shall equally share the cost of any further monthly increases that exceed the FY 1991-92, The City will increase its highest monthly contribution rate during FY 1992-93 (for the respective three categories of coverage) by up to 10% to cover further monthly cost increases in said plan during FY 1992-93, with the affected employees and the City equally sharing the coat of any further monthly increases in excess of the City's additional 10% monthly contribution during FY 1992-93. Any difference between the City~s contribution and the actual cos~ of the Kaiser Plan shall be paid by the affected employees through payroll deductions (see Section 3.01) and/or the Flexible Benefit Plan (see Section 2.10.II.B.1). OR The City will contribute an amount equal to City's share of the Kaiser Health Plan cost (fdr the applicable category of coverage) towards the cost of any alternative health plans provided by the city (currently the John Hancock Select Plan, High Option Plan, and Low Option Plan). C. The Ci'~ agrees to re-open for discussion either Kaiser or John Hancock (High Option) increase by more than fifteen percent (15%). (See Section 2.10. II. B. 4. regarding payment for health and life insurance during an unpaid Leave of Absence of more than one month.) II. Flexible Benefit Plan A. Description'of Program - Effective January 1, 1991, employeet~in represented classifications shall receive e following dollar amounts to be used for approved employee benefits: $300 January 1991 - June 1991 $300 Total FY 1990-91 $300 July 1991 - June 1992 $300 Total FY 1991-92 $300 July 1992 - June 1993 $300 Total FY 1992-93 B. Administration of Program 1. If the actual cost of the premiums for an employee's health insurance coverage. (including any optional dependent health insurance coverage selected by the employee) is in excess of the City's contribution under the terms of Section 2.10, the difference will be paid from the employee's Flexible Benefit Plan up to the amounts listed in Section 2.10.I.B above. An employee may spend any balance remaining in his/her Flexible Benefit Plan (after any deductions for heath insurance premiums) for the options1 Flex Plan selections described in Section 2.10.II.C. bslow. Any Flex Plan balan.s not .p.ntcfa fiscal year will revert to thet 2. Reimbursements for optional Flex Plan selections shall be for a minimum of $50 excep~ ' from Hay lS to june 30 o~ the fiscal year~ when 1 no m~nimum wil be required for reimbursements (see #3 below regarding other limitations from June 15 through June 30}. Flex Plan reimbursements will generally be processed by the City on a biweekly basis. 3. From June lS through June 30 of the fiscal year, requests for Flex Plan reimbursements will be approved for ,,emergency" expenses only. An emergency is defined as an unforeseen .~ occurrence or combination of circumstances which necessitated immediate action. Requests · . for reimbursements for purchases made by .; employees after June 15 for those items and . , services rendered which are not of a routine nature, will be reviewed on an individual basis by the Personnel Department to determine if an reimbursements will be granted. Examples: a. Emergency medical expenses not covered by insurance for an illness that requires the ~' services of a doctor, clinic, or hospital including auxiliary services (emergency transportation, lab tests, prescriptions -' end soforth) will be covered. Notes .,,. Medical expenses incurred as a result of accident are covered 100% by the HMO (Health Maintenance Organization) insurance plan and 100% up to $500 by the indemnity health insurance plan, and , # therefore ere not reimbursable through the Flex Plan. b. Emergency Vision Expenses-Repair of bro~e~ ~ eyeglasses or replacement of lost contact '.. lenses will be approved. (Not: routine eye exam, spare glasses, etc.) c. Emergency Dental Expenses-Reimbursements for expenses associated with toothaches, broken teeth, impacted wisdom teeth, root canals, etc. will be covered. (Nots routine dental wore performed as a result of an examination made after June 1.) d. Non-medical items considered routine and not covered include| conference expenses, books, memberships, subscriptions, extra insurance (except suthorized payroll -. _ deductions). 4. Employees who ere on an unpaid Leave of Absence for more than one month, including suspension for disciplinary reasons, may not utilize their Flex Plan benefits during the absence. If an employee is on a Leave of Absence as a result Of being ill or disabled, however, the Flex Plan may be used for health and life insurance premiums. C. Optional Selections under Flexible Benefit Plan An employee may spend any balance remaining in his/her Flex Plan (after any deductions for health insurance premiums as described in Section I.B. above on any of the following optional selections. 1. Other City Group Insurance Premiums · a. Supplemental Group Life Insurance ! Employees may apply for and purchase through the Flex Plan up to the maximum amount of non-taxable group life insurance allowed by Section 79 of the Internal Revenue Code (currently $40,000) in addition to the $10,000 group life insurance provided by the City (see Section III. below). b. Group Dental Insurance Employees (and qualified dependents) participating in a group dental plan ~ ~ arranged by the City may pay the premiums i .. I through the Flex Plan. , c.~" Group vision care  :' ' If a roup vision care plan is offered b9 · .. the C~ty, participating employees may pay .ill the premiums through the Flex Plan. .~.. d...' Group Psychological Health Plan ~','~ .'If a group psychological health plan is ..."'~] ' offered by the City, participating employees may pay the premiums through the Flex Plan. iii 2. 'Reimbursable Programs A represented employee may elect to receive reimbursement through the Flex Plan for the following types of expendXtures. The ~. ~. descriptions below are general in'nature. 2!!'!] Specific rules for allowable reimbursements wilt be based on applicable Internal Revenue .,.I Code sections or City administrative policies. a. Vision, Dental and Medical Expenses An employee may apply any remaining Flex Plan balances to vision, dental and medical costs on a reimbursement basis. Employees remain free to be attended by the professional personnel or pharmacy of their own choosing. Employees may also be reimbursed for the premiums of group ~'. insurance plans (dental, vision, or .-. psychological) that are not administered ~{.'~ . .. by the City. · ""'!':""': F'--'· ' Educational Assistance Employees may elect to receive reimbursement for expenses incurred for education directly related to career development. Allowable expenses include tuition, fees, and similar payments, books, supplies, and equipment. Expenses not allowed for reimbursement include tools or supplies which are retained by an employee after completion of a course of instruction, meals, or lodging. Employees must obtain approval of the department head and the Director of Personnel prior to enrollment in the desired course. To be reimbursable under this section, educational assistance must be considered non-taxable in accordance with State and Federal laws. To receive funds in advance, employees must complete and sign the Flexible Benefit Plan Form available in the - Personnel Department and have it approved by their Department Head and Training Committee. Upon completion Of a course of instruction, employees must submit evidence of a C grade or better, or advanced funds must be returned immediately. Physical Exam Employees may elect to receive reimbursement for the cost of a voluntary physical exam from the physician of their choice. Miscellaneous Health Plan Costs " Employees may be reimbursed for deductible and out-of-pocket health plan costs. Dependent Care Employees may receive reimbursement for dependent care expenses incurred in order to allow the e~nployee to work for the City. Supplemental Health Insurance Employees may receive reimbursement for the costs of health insurance plans which supplement the existing City-offered -18- - _. , RESOLUTION NO. 15792 EXHIBIT "A" 8-23 MISSING (SEE ATTACHED COPY OF MICROFILM-PAGES 22&23 OVERLAPPED) Lone1 Assistance .. " ~ancerinsuranCe. o~. ~es may elect to receive *' ~sement for expenses incurred for ion directly related to career ~ment, AZZowable expenses include n, fees, and similar payments, lble~to supplies, and equipment. Expenses lowed for reimbursement include eferre. or supplies which are retained by an ifthe ee after completion of a course of ;alike'cant: ction, meals, or lodging. Employees .. '$ckdUring~the btain approval of the department ,. ~ this provisionis; nd the Director of Personnel prior by thelRS.:~i.i.~ ollment in the desired course. To = completing the ' mbursable under this section, Plan. deposits.to, ional a~sistance must be considered xable in accordance with State end ~1 laws. .s':.~o contribute'~ " Loyalwith ~10,000':, :siva funds in advance, employees may appl =amplets and sign the Flexible ,000of supplements ~t Plan Form available in the increments thro ~nel Department and have it approved said employees' ~ir Department Head and Training. 'rolldeductions'~'~, ~tee. Upon completion of a courseof :,for:health ~ction, employees must submit ~ce of a C grade or better~ or ..:~ ' ~ed funds must be returned ':;',.~;:" lately. Health Care and ca1 Exam ' . , iwc? mexible ~ees may elect to receive ns 125, 105, 129 ursement for the cost of a voluntary 1 bearfared to cal exam from the physician of their see may elect to e. tof their wag ~ _ reimbursements llaneou~ Health Plan Costs ... sparties;that benefit'alleweb yeas may be reimbursed for deductible !tiono, at,no at-of-pocket health plan costs. .st IRS 'reason~'.this.be dent Care yees may receive reimbursement for dent care expenses incurred in order low the employee to work for the 'sea emental Health Insurance yees may receive reimbursement for osts of health insurance plans which ement the existing City-offered '.!,.. -18- ,,'~' reimbursement program. Participating employees must submit documentation of payment on the appropriate forms to receive reimbursement. Salary reductions Dependent Care FSA Before the start of the FSA plan year (January I to December 31) represented employees may elect to reduce their salary up to $5,000 to pay for eligible dependent care. Salary reductions will accrue hi- weekly during the plan year and reimbursements will be made on a schedule to be determined by the City. Dependent care must qualify under all pertinent IRS regulations. This is a reimbursement program. Participating employees must submit documentation of payment and other information related to dependent care arrangements to receive reimbursement. Salary reduUtiolls not spent by the end of the plan year, by law, are forfeited to the City. C. FSA Administration · The City reserves the right to contract with a Third '!.r' Party Administrator for administration of both ~ FSA's. The City will pay the start-up costs associated with third party administration. '~ Participating employees will pay monthly, per employee, or per transaction administration fees, if any. VI. Health Payroll Deductions Treated as Pre-Tax (Premium Only Plan) Effective the first payday in January 1991, under Sections 125, 105 and 213 of the Internal Revenue Code, the City will treat all payroll deductions for health and dental.. _ care premiums on e pre-tax basis, unless an affected employee requests that such deductions be treated as taxable incom~ and taxed. If the City does not meet IRS regulations or if the IRe regulations change for any reason, this benefit may be discontinued. 2.11 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 single highest year as provided under the Public Employees Retirement System. The retirement benefits shall further include the "widows and survivors benefit." known officially as the Post Retirement Survivors Benefit Act (PRSA) and .- the Third Level of the 1959 Survivors Benefit will ~i'; be provided. ~" II. EffectiVe-as soon as possible but in no case later than 90 ~ays after the POA and city Council ratify~ this M.O'.U., the city will provide the following optional benefits= One Year Final Compensation and . . the Third Level of the 1959 Survivors Benefit. ,~ 2.12 HOLIDAYS ? ,I.-. - During the term of this agreement, ~v the.following are the recognized holidays: Memorial Day Last Monday in May Labor Day First Monday in September Thanksgiving Fourth Thursday in November Christmas December 25 NeW Yea~es Day January 1 II. Holiday Pay A. 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 S-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 10-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 Saturda~ or Sunday, the day of observance shall be the actual day of th~ holiday. 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 i~ .;; .~. ::;s,~,,..,;., extra day off. -21- 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'pay~lent purposes, if a hard holiday falls on ,, Saturday Or Sunday, the day of observance shall be the day observed by general City employees. c. >A&seChtionMsmbere Can Observe a o=al iMolidaySchedule 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 Mead and/or supervisor. .oliday tim.-off shall b. granted for the full 10 hour shift. 2. If the hard holiday falls on a scheduled ' # day off, the officer shall receive an 3. If an Officer works a hard hokiday, he/sh~ 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. loating olidays Employees shall be credited with forty (40) hours floating holiday time each year of this MOU, 8 hours each for~ Llncoln'e 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 Chief Police 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 lo~e ~uch~time, The smallest unit of time chargeable to floating holiday time is one half (1/2) hour. 2.13 ~CATION AND SICK LEAVE I. Definition - For the purpose of this section, the ,. ~ following definitions shall apply: ~,l~'.'''''' -22- "' A~ "Continuous service" means City service _~ uninterrupted by separation. ~: B. "Int~rmittent service" means City service .~ inteurupted 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.,,,:'"AO~e service"' includes time worked, leave of l,'~!'ebsence without pay not to exceed fourteen (14) calendar days andleave of absence not to :exceed one (1) year for which Workers COmpensation is paid. II, Vacation ~ A, '~' Vacation Accrue1 - Continuous service~ Each ~ "employeepaid 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 ennual ~ vacation with pay, The following provisions shall applyl (1) .Employees shall accrue 10 working days during the first year of servics, This benefit will be accumulated at the rate of 3,07 working hours for each full biweekly pa period of service performed, El~gibility to apply for accrued vacation will be effective on the employeels six month anniversary date, Any employee wh~. ~ elects to use vacation accrua~s and subsequentl leaves City service prior to 'the completion of one year will be charged for such vacation, There will be no payoff cf a~y v~cation benefits if termination occurs prior to one year. (2) Employees will accrue end be eligible to receive 10 working days annually (cumulative to a total leave balance of 20 working days) during the second through fourth year of service. This benefit will i! be accumulated at the rate of 3,07 working I hours for each full biweekly pay period of ,....;~,;~..",','~" (3) Employees will accrue and be eligible to -23- receive 15 working days annually (cumulative to a tot~l leave balance of 30 working days) during the fifth through ~fifteenth year of service. The benefit twill be accumulated at the rate of 4.60 · working hours for each full biweekly pay period of service performed. (4) Employees will accrue ~nd ~e 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 · l working hours for each full biweekly pay period of service performed. B. Vacation Payback - All members of represented classifications earning three weeks or more 'vaca~cicn annuslly will hsve 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 esch 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 ha/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. (A)(1). Payment shall be made hour for hour wit~ any portion of an hour being considered a full hour. · 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 death in hie/her immediate family. B. .Sick Leave Accrue1 - Computation of sick luave: · 68 working hours for each biweekly pay · periodof service, 96 hours annually, beginning at the time of full-time probationary employment. 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 suchltime credited to sick leave upon the recommendation of the Chief of Police and Director of Personnel, and the approval of the City Manager. C. MeNimum Sick Leave Accumulation - Unused sick,, leave may be accumulated in an unlimited amount° .. j D, Sick Leave Use - Sick leave balances shall be reduced by the actual time not worked. to the nearest quarter hour. Absenco for illness me9 not be charged to sick leave not already accumulated. E. Sick Leave Verification - The City may require a dootor'e certificate and/or a personal sworn affidavit verifying the nature, severity and 'cause of the disabling injury or illness of the . employee todetermine eligibility of sick leave. If an employee is required to furnish a doctorws certificate for absences of three days or less, the employee must have been notified of such requirement by the Chief of Police or his/her desi nee, with the approval of the City Manager or hYs/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 I'.. work because of the death of an immediate family member, an immediate family member of the employee's spouse, or any other person dofined by the Internal Revenue Service as a ' dependent, and after ~uch employee makes ~ii written request and receives written approval from the Chief of Police or his/her designee, such employee may be allowed the privilege to ,' .. be absent from work with full pay up to five !j~=~ (5) days, plus reasonable travel time. Travel ~. time will be actual time used not to exceed ' "'.. ,' three (3) calendar days. Paid leave of absence ~'. ~ -25- for'~'family death shall be charged to sick lea~e. Immediate family includes husband, wife~ child, stepchild,'brother, stepbrother, ~r, stepsister, parent, step-parent or any . person serving as a parent, grandmother, J] grandfather, or any other person living in the .same household as the employee. Leave Reimbursement E~ployees who are unit employees on end before June 30, 1979, shall be entitled to · '~ sick leave reimbursement of 20.83% for up P~?;'~' 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 ere not unit employees on June 30, 1979, and who become unit employees thereafter, shall be entitled ~o sick leave reimbursement as follows (to the exclusion and in lieu of any benefits under paragraph (1)| a. Such employees using four (4) days or less of sick leave during the fiscal year shall have the option of converting twenty-five percent (25%) of their remaining yearly sick leave pay. b. Pay shall be computed based on the o be rounded to the nearest whole hour: Remain~n~ Yearly Sick Leave Pay 12 days 3 11 days 2 days, 6 hrs. 10 days 2 days, 4 hrs. 9 days 2 days, 2 hrs. days 2 days or less 0 c. If the pay option is selected, the paid sick leave hours shall be -26- i 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 i'~ 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 15, and will only be calculated for employees who have ' t been on the payroll for one full year st 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 employeels unused, o. accumulated sick leave will be paid to the appropriate beneficiary. 2.14 LEAVE OF ABSENCE Employees who are mentally or physically incapacitated to perform their duties, or who desire to engage in e course of study that will, in the Judgment of the City, increase their usefulness on their 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 their regular duties may, on written request, subject to the recommendation of the Chief of Police and the Director of Personnel, and with the approval of the City Manager, be granted leave of absence without pay for a period not to exce~d one year. Employees asking for leave of absence without pay shall submit their request in writing stating the reasons why, in their opinion the request should be granted, the date when they desire the leave to begin, and the probable date of their return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to their former position on their return from such leave or whether ; ~ :~ ' -27- · _ g as provided for. inthe Civil Service Rules. If a request for leave;is denied;~ithe.employee may appeal the denial to the Clvil Service Commission .' ~ ~;~ ~..,. ' ' Any'employee~'WhoTi'~?;'~=';anunpaid leave of absence for more than one month.i.for any reason including a leave for disciplinary purposes,~tshallp~y. thecost of their health and life insurance premiums/as'.well.as!Ttheir. dependents for the entire period of unpaid. leave.of absenceS(provided, however, that this provision shall~not=apply.if,the"leave.of absence is a result of the ,employee being~i11!..or disabled... Military fea~=S~'ii'~&"~antedin accordance with the provisions of applicable State and Federal laws (California Military and Veterans. Code). 2.16 JURY DUTY ANE~ COURT LEAVE A. JURY DUTY'.. . to serve'on Jut duty for any county, state or federal court w~thin the San Diego area shall be entitled to paid leave under the following circums~ances~ 1. They"mUst present to their supervisor the court order to appear for Jury duty at least three weeks prior to their date to report. 2.' All fees received by the employee for Jury duty for days when schedule for work, excluding mileage, shall be paid over to the City. ~. The employee must submit a daily court authorized, stamped time card accounting fo~ ~ all hours of required service ordered by the ~,~ court. '~ 4. If Jury service and travel time from court to .~ ~ work is less then five hours in a work day, the employee is expected to return to work unless a Justification is provided and approved or pre- authorized leave is approved. · .:' 5. .Employees who ere required to serve Jury duty ' ... on their scheduled days off will not be [' , ~= '~ !""' compensated for this time and may keep any fees . ~ .,=3~.~..' paid by the court. "' ?'! 6. If the employee is not required to report for i' ~>:"']2~-',"'==~iilF/.'' r[ Jury duty on any particular day(s) they are ~.~ then expected to be at work as per their normal schedule. 7. It 4s the employee's responsibility to inform hislot her supervisor on a daily basis if they~ are'required to report for Jury duty the following day. This may include calling the supervisor after or before normal working hours. : 8. Absence due to Jury duty will be submitted on ~- the City leave form. B. COURT LEAVE Court leave is paid leave granted by the City to enable an employee to fulfill his/her duty as a citizen to serve as a witness in e court action to which the employee is not a party, before a federal, SuperioN, or Municipal court located within San Diego County. Court leave shell be limited 1. Required attendance before Federal, Superior, Municipal, and Justice Courts located within San Diego County. ""' 2. Time ~n attendance at court together with · :~ reasonable travel time between court and work if the employee can reasonably be expected to return to work. 3. Court leave shall not be granted when the employee is paid an expert witness fee. 4. The employee must submit to the City any payment received, except travel and subsistence pay, for court duty 5. Court leave will only be granted to employees wh~ are not litigants in e civil case, related to litigants in a civil case, or defendants in a criminal caee. 6. Employees shall provide their supervisor with a copy of the legal subpoena and provide other documentary evidence of service. 2.17 RATE OF PAY TOLLOWING PROMOTION When a unit employee is promoted, the new rate of pay will be the lowest ~tep 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 .... ,L~. -29- a result of the promotion. It will not include Education Incentive or BilingualPay. ~ ~.: Employees previousl~ receiving Bilingual Pay will continue to '.r~x'~ receive it if the new position requires the use of Spanish · ~!J"7 skills. This determination will be made by the Director of ':}.~:;:" Personnel upon the written request of the Chief of Police. / 3.01 PAYROLLDEDUCTION Upon the receip~of'~Written~equest 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 <,!~i~2 Rules and Regul~tiohs of the Finance Director. ~ 3.02 PROBATIOHARX~EgZOD.'," · ,, :. Police officers shall ~erve an el hteen-month probationary period. Upon completion of'the e~ghteen 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 ~h/s Memorandum of Understanding. Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: R.sozv. disput. arising f,=cm the interpretation, application or enforcement of specific terms of this agreement. (~) 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. (3) Resolve grievances as quickly as possible and correct, if,possible, the causes of grievances .:I,.~ thereby reducing the number of grievances and rlfuture 1similar disputes. · Section II. DEFINITIONS. For the purpose of this grievance 'procedure the.following definitions shall apply: The City Manager or his/her authorized .representative. (2),. Working Day: A calendar day, excluding Saturdays, I 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 hie/he~ authorized representative. (5) Employee: Any officer Or regular (not temporary)- employee of the City, except an elected official. (6) Employee representative: An individual who speaks on behalf of the employee. cornplaint of an .mplcyss or roup of employs~8 arising out of the application or .interpretation of a specific clause in this agreement. (S) Immediate supervisori 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 agreementr 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: (a) Is subject to those reserved City Management -31- 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 1. Applications for changes in title, Job classification or salary. 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 est~blighed 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 (10) working days after the act or omission of management causing the grievance, or within t~n (10) working days of when the employee, with the exercise of reasonmble diligence, should have discovered the act or omission being grieved. ~ (~, Prescribed Form. The written grievance shall be ~ submitted on a form prescribed by the Director of :i. Personnel for this purpose· . ','~ (~)' Statement of Grievance. The grievance shall contain estatemerit of: (a) :.;;~e specific situation, act or acts complained ?.;. ~f es an agreement violation~ · · . . t ..... '(b) The inequity or damage suffered by the ].l,j l';.,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. (7) }{andled 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 spec/.~ied :.. 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) Consalidation of Grievances. If the grievance lnvolve~ ~ 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 part~ presents the matter to a higher authority with n the prescribed period of time. (11) Reprise1. The grievance procedure is intended to assur~ agrieving 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) Bac~ 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 10 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 backl~pay for e maximum period of one year from ~'V.;]fI'. the date~the grievance was filed. Section V.' GRIEVANCESPROCEDURE STEPS. The following procedure shell be followed~by~n employee submitting a grievance pursuant' .: Step Supervisor. The employee shall ,~ discuss his/her grievance with his/her .... supervisor informally. Within three .--. ~(3) working days, the supervisor shall give :~.~, /her decision to the employee orally. Step 2 c. ',"' Grievance to Superior. If the employee ":"':"'and supervisor cannot reach an agreement as to 'l~a solutionof the grievance or the employee has "~lno~ received e decision within the three (3) e'~ '~ working days' limit, the employee may within seven (7) working days present his/her ,. grievance in writing to his/her supervisor who ~., sheill endorse his/her comments thereon and present it to his/her superior within.seven (%) working days. The superior shall hear the ] grievance and ire his/her written decision to !!, th.'.mploy.e w thin ,ev.n working day. after receiving the grievance. Step 3 Grievance to Department Head. If the employee an~ superior cannot reach an agreement as to a t solution of he grievance or the employee has not received s 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 ire his/her written decision to the employee w thin 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 (20) working days to the Personnel Director, who shall investigate and report his/her findings and recommendations to the City Manager within ten (10) working days. The City Manager shall provide his/her ans:~er within ten (10) · additional working days. The times indicated .">~i',, ~ "" , :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, -34- .AdvisOry Arbitration, matters which are .unresolved shall be discussed at a meeting 'between the parties during which all pertinsnt .fact~ and information will be reviewed in an effort to resolve the matter through '< conciliation. Section VI..ADVISORY ARBITRATION. Any dispute or grievance ~i~j'whichhas not beenresolved bytheGrievance Procedure may be !~!.'=]isubmittedto advis6ry.=.arbitration by the Association Representative or, the~Citywithout the consent of the other party providing'it is submitted within ten (10) working days, following its termination. in the Grievance Procedure. The following advisory arbitration,proceduresshall be followed. 1. petty' will notify th, other party in writing ofthe matter to be arbitrated and the ' contractprovision(s) ellagedly violated. Within ~" five.(5) working days of the receipt of this notice, the.~art~ss may agree upon an arbitrator, or panel of three arbitrators, trained in conducting grievance hearings. . If.agreement on an'arbitrator cannot be reached, the.State Department of Industrial Relations shall be requested by either or both parties to provide a list of five arbitrators. Both the City and the Association shall have the right to strike two names from the list. 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. 2. The arbitrator shell 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 shell make rules of procedure. The decision of the arbitrator shall be advisory to the City Manager who shall render a final decision within tan (10) 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. ,: 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 equa$1y any other expenses, including those of a stenographer, if required by either party. If either party elects 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 Asso~iation 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 t~at.r~othing 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 uni~'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 Chief of Police or his/her dem/gnee 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 immediate.'.y cease the prohibited activity, and provide the Chief of Police or his/her ~.~.... designee and the City Manager or his/her designee _ ~i' with a copy of that which they have orally stated or. ~'..: served upon its members to comply with Paragraph I h.r.i . I~; IV. If the Association disavows the alleged prohibited ~,i.! activity and takes all possible actions hereunder in ' tO good faith, the City shall not hold the Association .~ '. responsible for imposition of such penalties or :~ sanctions as the City may assess against the :~i~ participants. '~% V.. Should the Association during the term of this :!~:: ' Memorandum of Understanding and until such time that ~.i: ' it is expressly and legally rescinded, breach its j obligations, or any of them under this section, it : is agreed that the City may pursue all legal and i: ~:'?' ... administrative remedies available to the City that itin its discretion may elect to pursue, provided such is presently provided for by law. vi. ~e ~.m'~"~"' contained in paragraphs I and V in addition to and do not constitute a waiver of rights currently existing under the law. 3.06 DRIVING ELIGIBILITY "w~enever a..empZey~'"'e~s. s vehicZe for City business, he or she shall have a valid California driver's license. In order to ascertain the validity of the employeess licenses, employass must present their driver~s license to their supervisor upon request. ,.. If an employease driver~s license is revoked, suspended, or otherwise madeinvalid, the employee must immediately inform his 'i~,~.'~ftor her supervisor~'h~Failure to notify the supervisor may result .:"~. in immediate. disciplinary action.. The City reserves the right to ~.~;.v. check with the Department.~of Motor',Vehiales to investigate an .~e~' employee's drtvin record and to determine if the employee s .mploy. e :':lifornia driv.r', lio.n.. .,.../~:!.. wtll be considered for a non-driving position, if one is I ~.. available'in the employeels classification. The non-driving . ~2.~] assignment will continue for a maximum of six (6) months if there .~ is e reasonable expectation the.employee will have e valid ,t California drtver~s'licenseet the expiration of that time. :~/~: Extensions to the six(6) month limit will be considered on a h'::,' case-by-case basts/.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 wtll determine whether or not it ha~' ./'i~ · any no'n-driving assignments that can be filled by 'L!. employees who would otherwise have driving ., ,.y: ,,- assignments. :~,~,~ ~!;'~:!~'~i~! 2. Non-driving assignments will be given on a first !,: ~' ]! come, first served basis. For example, if two !,L ~': employe~ in a department have non-valid drivers ~ ~.,iT licenses and there is only one non-driving ~. assignment, the first employee who comes forward ~' ':: ~.,~.! wtll be given the non-driving assignment. The other ' !~? employee may apply for a leave of absence as ~:~, r ~ , described above. 3.07 SUBSTANCE ABUSE' Represented employees are subject'to the current substance abuss policy as stated in o~solution No. 13971, as adopted and approved by the City Council the City of Chula Vista on February 21, ~ 1989. 4.01 HEALTH FITNESS'.PROGRAM A. Program Description The City of Chula Vista along with the Police Officers Association agree that for the safety of the employee as well as the public, those employees who are represented by the P.O.A. should maintain a minimum level of physical fitness. The physical fitness of the employee will be assessed in two manners. The firs= will be a physical assessment and the second a physical agility test. ,"~':j B. Alk represented employees shall participate in an ,~]." annual physical fitness assessmen= unless they '~'~' request and receive an exemption from the Chief of' ?.;,.'~.,; Police. The initial assessmen= will generally '~"' consis= of a physical conditioning assessment. ~.~.,I C Physical !Agility Test _, No later than 0eoember 31, 1990, the Association and :~. City shall set up a committee to establish a fitness !'~-~:.. program that will be implemented by July 1, 1991. program will include the establishmen= of Job rela=ed physical agility test, and the extent of progressive disciplinary action to be taken in the ~.;. event the employee does not pass the test. If the committee canno= agree on the components of the ',"7,~" .physical fitness program, a three member panel will :.!~:.j. .be empowered to decide all unresolved issues. Sai~_ ... panel will consist of one member to be' appointed by .!~' the Association, one member to be appointed by the ",:' City an~ one member to be chosen by both parties. ~2~.,. Commencing July 1, 1991, reprssented employees shall "~' be required to take an annual physical agility test, in accordance with the standards and tests establishsd as part of the physical agility program, unless they rec/uest and receive an exemption from ' the Chief of Police. 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 i'-~:"'?";=='-" 1990,through June 24, 1993 (the date closest to '~ "' -38'.' July 1993 that is the end of a pay period) and it is understood and agreed that. the terms and conditions, wages, and all provisions of this Memorandum of Underst nding shall continuein 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 the final year of this Memorandum of Understanding shall remain in effect from June 25, '1993, (the date closest to July 1, 1993 that is the · beginning of a pay period) until the first pay '.'periodin July 1994, unless one of the parties notifies the other in writing no later than March '1, 1993,1of its desires to modify or terminate the agreement and provides written proposals for such modifications no later than May 1, 1993. II.The provisions of this Memotandem of Understanding shall be subject to Federal, State and local law. III. Trite MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and' ' entire 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 affect privileges of parties as established b the laws of the State of California, as contained ~n the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. IV. If at any time during the term of this M.O.U., through causes beyond the control of the City, the City is required to increase the opersting budge~'b~ 5% or more -OR- 5% or more revenues that contributed to the'operating budget become unavailable, then, in such event, the City may, with mutual agreement of the Police Officers A~eociation, reopen this M.O.U. .and meet and confer on employment benefits. This section, however, in no way affects the existing right of the City to lay off employees. 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 an~ such additional period of time as provided in Section ~.01~ provided, however, benefits, rights, or privileges not specifically covered by this MOU, but subject to the Meyers Milias Brown Act, may be acted upon by the city without mutual .consent after meeting and conferring wi~ the Association· l.~ ,,~...If any. article or. se~ of this l~emorendum of Understanding .,:"' ..should be held 'tnveli byoperation of law or by a finel Judgment ~.~"::'~:"of any~tribunal..Iof cogPetent,:Jurisdtctlon, or if compltence with~ "'-'.'!.~'~or"enforcement:.~f any'article or section should be restrained by ~;~'. .the' event.?of/th~ZI~altda'tf0n~0'f~.any article or section, the ~.~'- tYa~d~Assoctat~o~',agree to me~t"Within sixty (60) days after ~..'~Z~; · e~iratton.'of'-an~"admtntstratiVe or Judicial appeal [q'..'Pertod/process xlfo~'the pu~ose of meeting and conferring over "said. invaltda' s~Ctlon or arttcle,.~ .;..For the Assoclat~onx .; ~tE .'.' WPC 1679A ~ .,:,) . '