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HomeMy WebLinkAboutReso 1986-12646 RESOLUTION NO 12646 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER- STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE POLICE OFFICERS ASSOCIATION FOR FISCAL YEAR 1986-1987 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Management Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with the Chula Vista Police Officers Association, an organization representing sworn members of the Chula Vista Police Department from Peace Officer up through the rank of Police Lieutenant, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, and WHEREAS, the Memorandum of Understanding jointly prepared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and is contained in Exhibit 'A", attached hereto and incorporated herein by reference as if set forth in full. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and accept said Memo- randum of Understanding as contained in Exhibit "A" for fiscal year 1986-1987. Presented by Approved as to form by E. R. Asmus, Assistant . .2~homas J. ~ron, City Manager Attorney 0108a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5i;h day of Au~]ust ...... 19 86 , by the following vote, to-wit: AYES: Councilmembers Cox, Malcolm, Moore, Campbell, McCandliss NAYES: Counci 1 members None ABSTAIN; Counci 1 members None ABSENT: Counci 1 members None Mayor City of Chula Vista ATTEST City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12(14~ ,and that the same has not been amended or repealed DATED ~ City Clerk CIIY OF CHUIA vISrA CC-660 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER'S ASSOCIATION 1986-87 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER'S ASSOCIATION FOR FISCAL YEARS 1986-1987. 1.O1 PRE~4BLE 1.02 RECOGNITION 1.03 CITY RIGHTS 1.04 ASSOCIATION RIGHTS 1.05 EMPLOYEE RIGHTS 2.01 WAGES 2.02 EDUCATION/P.O.S.T. INCENTIVE PAY 2.03 UNIFORMS 2.04 MILEAGE REIMBURSEMENT 2.05 WORK PERIOD/PAY PERIOD 2.06 OVERTIME 2.07 CALLBACK 2.07A Driving Eligibility 2.08 SUBSTANCE ABUSE POLICY 2.09 BILINGUAL PAY 2.10 DIFFERENTIAL PAY 2.11 HEALTH AND WELFARE 2.12 RETIREMENT 2.13 HOLIDAYS 2.14 VACATION AND SICK LEAVE 2.15 LEAVE OF ABSENCE 2.16 MILITARY LEAVE 2.17 JURY DUTY 2.18 RATE OF PAY FOLLOWING PROMOTION 3.01 PAYROLL DEDUCTION 3.02 PROBATIONARY PERIOD 3.03 ADVANCE NOTICE 3.04 GRIEVANCE PROCEDURE 3.05 PROHIBITED PRACTICES 4.01 HEALTH FITNESS PROGRAM 5.01 TERM AND EFFECT OF MOU 5.02 RETENTION OF BENEFITS 5.03 SAVINGS CLAUSE 1.O1 PREAMBLE The following constitutes a Memorandum of Understanding between the City of Chula Vista ("City") and the Chula Vista Police Officer's Association ("Association") as a result of meeting and conferring in good faith concerning wages, hours and other terms and conditions of employment, pursuant to Government Code Section 3500 et. seq. and the Employer-Employee Relations Policy of the City of Chula Vista. 1.02 RECOGNITION The City recognizes the Association as the certified representative for all employees of the Police Department who are employed in the classifications of, or have the working ti~es of, Peace Officer, Agent, Police Sergeant, and Police Lieutenant. 1.03 CITY RIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive City rights with respect to matters of legislative or managerial policy. The exclusive rights of the City shall include, but not be limited to, the right to: Establish, plan for, and direct the work force toward the organizational goals of the City government. Determine the organization, and the merits, necessity and level of activity or service provided to the public. Determine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not limited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of positions in accordance with the City Charter, Civil Service Rules, and the established personnel practices. Discipline or discharge employees for proper cause. Determine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals Of the City. Continue to exercise efficient and productive management practices consistent with Federal and State laws and in compliance with the City Charter and City ordinances. In exercising these ri§hts the City shall comply with all applicable provisions of this agreement. The establishment or exercise of City rights shall not be subject to meeting and conferring; provided, however, the Association shall not be precluded from meeting and conferring with representatives of the City when the consequences of decisions on matters of City rights directly affect wages, hours, and other terms and conditions of employment. 1.04 ASSOCIATION RIGHTS I. Authorized representatives of the Association shall be allowed reasonable access to unit employees at their work locations during working hours for the purpose of consul ting with employees in the unit regardin§ the employer-employee relationship, provided that: (1) the work of the employee and the service of the public are not unduly impaired, and (2) the authorized representatives shall have given advance notice to the Director of Public Safety or his/her designated representative when contacting unit employees during the duty period of the employees. The Director of Public Safety or his/her designee shall determine the appropriate time for such access. II. The Association may be granted use of City facilities by the appropriate appointing authority for meetings composed of unit employees, provided such meetings are held outside regularly scheduled working hours for the group which is meeting, and provided space can be made available without interfering with the City needs. III. A reasonable amount of space shall be provided to the Association on City bulletin boards for legitimate communications with members. The Association shall be responsible to maintain space provided in an orderly condition and shall promptly remove outdated materials. IV. The City shall continue to bill the Association $.10 per member per pay period for the actual costs incurred for dues deduction on behalf of the Association. 1.05 EMPLOYEES RIGHTS I. Form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employer-employee relations. -2- II. City agrees that no officers, agents, representatives, members or anyone connected with either party will in any manner intimidate, coerce, restrain or interfere with employees to form, join or assist labor organizations or to refrain from any of these activities, specifically including the rights of employees to withdraw, revoke or cancel Association membership, or because of the exercise of any right provided to the employee by this agreement. 2.01 WAGES I. Base wages during the term of this agreement will be determined in accordance with the following provision: A. Effective the first pay period commencing in July 1986, classifications represented by the Association will be granted a salary increase of seven percent (7%). II. All other payroll and wage changes shall be made effective at the beginning of the regular pay period closest to the date of change. III. Distribution of paychecks shall be done only on regular paydays except in an emergency, when employees may receive their check on a day other than a regular payday if a memo is directed from the Director of Public Safety to the Finance Officer justifying the request. IV. All employees covered by this agreement may receive a maximum of two weeks vacation pay in advance. Vacation pay in advance will be made on a regular payday provided the employee notifies the Finance Department ten working days prior to the payday on which payment is desired. V. Step Advance - Each employee shall be required to complete the following specified number of months of continuous paid service at each step of the salary schedule set forth in Appendix A prior to advancing to the next step of the schedule. Step increases may be delayed by the Director of Public Safety in cases of sub-standard performance. Only permanent status employees may appeal that decision through the Civil Service Commission. In cases of exceptional performance, an employee may be granted an early step increase or double step increase based on the recommendation by the Director of Public Safety and the approval of the City. -3- Required months of service for each step shall be: Months Step 6 months in 1 6 months in 2 6 months in A 6 months }n B 12 months in C 12 months ~n D Thereafter in E 2.02 EDUCATION/P.O.S.T. INCENTIVE PAY I. Starting with the first pay period in July 1986, employees represented by the Association shall be entitled to either $30 or $60 per pay period if they meet the following educational/P.O.S.T. incentive pay requirements: A. Police Officers or Agents who have reached "E" Step and have obtained either an A.A./A.S. (or higher) degree or an Advanced P.O.S.T. Certificate shall be entitled to $3-0- per pay period. Police Officers or Agents who have reached "E" Step and have obtained both a B.A./B.S. (or higher) degree and an Advanced P.O.S.T. Certificate shall be entitled to $60 per pay period. B. Police Sergeants who have obtained either an A.A./A.S. (or higher) degree or a Supervisory P.O.S.T. Certificate shall be entitled to $30~per pay period. 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 $-60-per pay period. C. Police Lieutenants who have obtained either an A.A./A.S. (or higher) degree or a Management P.O.S.T. Certificate shall be entitled to $30~er 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 entitled to $60 per pay period. II. The special continuing education program developed by the special continuing education committee that has been a requirement under the MOU with an effective date of July 1983 through June 30, 1986, shall remain in effect. In order for a represented employee to receive reimbursement under Part 1 of this section, compliance with this program is required. -4- 2.03 UNIFORMS I. All re§ulation police uniforms (excluding shoes) and equipment will be provided at City expense. If regulation police uniforms or equipment are destroyed or damaged in the line of duty, they will be repaired or replaced as determined by the Director of Public Safety or his/her designee. Uniform cleaning will be the employees' responsibility. When an employee terminates employment with the Police Department, he or she must return to the City all regulation police uniforms and equipment provided at City expense; provided, however, that employees hired prior to July 1, 1984, may keep any equipment and uniforms they purchased before July 1, 1984. 2.04 MILEAGE REIMBURSEMENT Employees shall be subject to the City's mileage reimbursement program when required to use their private automobile for authorized City business: 26¢ per mile - first 200 miles each month 24¢ per mile - next 300 miles each month 22¢ per mile - over 500 miles each month 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 be§innin§ at O001 on Friday and ending 14 days later. A normal pay period shall consist of ten 8-hour or eight lO-hour days totaling 80 hours during each 14 calendar days to coincide with the City's scheduled pay periods. The beginning of a work period will coincide with the beginning of a pay period. II. Shift Schedules In order to eliminate the "double back" shift and to better match peak staffin§ levels with workload peaks, the shift schedule detailed below shall be implemented no later than January l, 1987: SQUAD SHIFT SCHEDULE A Friday - Monday 2200-0800 B Tuesday-Thursday 2200-0800 Friday 0700-1700 C Sunday-Thursday 0700-1500 D Wednesday-Thursday 1400-2400 Friday-Saturday 1600-0200 E Saturday 0700-1700 Sunday-Tuesday 1400-2400 -5- The City shall evaluate any alternative schedules developed by the Association and submitted to the City by October l, 1986, provided that said schedules (1) eliminate the double back shifts, (2) provide a 4-hour shift overlap during the peak workload hours of l0 p.m. Friday 2 a.m. Saturday and l0 p.m. Saturday 2 a.m. Sunday and, (3) result in a reasonable balance of workload between squads. If an alternative schedule acceptable to the City is not developed by said date, the schedule detailed above shall be implemented no later than January l, 1987. 2.06 OVERTIME I. Subject to the provisions of Paragraphs II through IV below, when an employee is required or is ordered to: A. Work on his/her day off; or B. Report back to work after he/she has left his/her work station; he/she shall be compensated for such time worked in accordance with the provisions of the Fair Labor Standards Act and the 7k exemption. For purpose of calculating the overtime premium, time worked shall include paid time off and eligibility for overtime shall be based on actual hours worked during a work period in excess of 80 hours in a work period. II. 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 accordance wi th Section B. above. In no event will an employee be paid for less than 15 minutes with such time disregarded and not accumulated. III. Court Time - Employees on scheduled time off, who are subpoenaed in the line of duty or required by the Director of Public Safety or his/her designee to be present in criminal or juvenile court, or other judicial proceedings, shall be compensated as provided under 2.06. II.B above for all time actually spent and required to be in court and all actual travel time required between the court and either the Police Station or the employee's home, as the case may be. Employees shall be guaranteed a minimum of two hours for each separate court appearance, including any travel time. Said employee shall be reimbursed for all actual mileage said employee travels between the court and either the Police Station or the employee's home, as the case may be, at the mileage reimbursement rate as set out in Section 2.04. IV. Overtime Premium Pay shall be calculated at the regular rate as required by the Fair Labor Standards Act. -6m 2.O7 CALLBACK Whenever an employee is called back to work, after he/she has left his/her work site, and is required to return to work before the scheduled start of his/her next shift, he/she will receive a twenty dollar ($20) bonus, with pay as provided under 2.06. II.B above. 2.07A DRIVING ELIGIBILITY Whenever an employee drives a vehicle for City business, he or she shall have a valid California Drivers License. In order to ascertain the validity of the employees' licenses, employees must present their drivers' license to their supervisor at the time of their annual performance evaluation. At that time a check with the Department of Motor Vehicles will be conducted to determine if the license is valid. Between performance evaluations, if an employee's drivers license is revoked, suspended or otherwise made invalid, the employee must inform his or her supervisor. Failure to notify the supervisor may result in immediate disciplinary action. An employee who does not possess a California Drivers License will be considered for a non-driving position, if one is available. The non-driving assignment will continue for a maximum of six months if there is a reasonable expectation the employee will have a valid California Drivers License at the expiration of that time. Extensions to the six month limit will be considered on a case-by-case basis; however, in no case shall an employee receive more than one non-driving assignment in any 3 year period. When no non-driving assignment is available, employees may request a leave of absence without pay for 6 months or 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: I. Each department will determine whether or not it has any non-driving assignments that can be filled by employees who would otherwise have driving assignments. II. Non-driving assignments will be given on a first come, first served basis. For example, if two employees in a department have non-valid drivers licenses and there is only one non-driving assignment, the first employee who comes forward will be given the non-driving assignment. The other employee may apply for a leave of absence as described above. 2.08 SUBSTANCE ABUSE City and Association agree that the use, and being under the influence, of alcohol and/or drugs on the job detrimentally affects the work performance, safety, security and public confidence of represented employees and the health and welfare of the citizens of Chula Vista. -7- The parties agree, therefore, to meet in an effort to formulate a mutually agreeable detection and substance abuse testing program that may include voluntary counseling under appropriate circumstances. It is acknowledged that the program will undoubtedly utilize "probable cause" criteria as a basis for substance testing. Nothing in this provision shall be construed to limit or otherwise diminish any rights the City has under existing law to require an employee to submit to a substance abuse testing program, nor shall it prohibit the City from introducing a detection and substance abuse testing program to the extent permitted by law if a mutually agreeable program cannot be developed. 2.09 BILINGUAL PAY Those employees who, upon recommendation of the Director of Public Safety and/or Chief of Police and the approval of the Personnel Department and City Manager, and successful completion of a Bilingual Performance Evaluation, are regularly required to use their bilingual skills in the performance of their duties will receive $65 per month in addition to their regular pay. 2.10 DIFFERENTIAL PAY I. Agent Status - Employees who are designated Police Agents will receive 5% additional compensation per month over base pay. II. Motorcycle Pay - Employees who are assigned to Motorcycle Duty shall receive $65.00 per month additional compensation. III. Dog Handlers Employees who are designated Dog Handlers will receive $55.00 per month additional compensation. IV. Field Training Officers - Peace Officers who are designated Field Training Officers (FTO's) will receive $0.40 per hour additional compensation when they are actually engaged as FTO's. 2.11 HEALTH AND WELFARE I. Hospital/Medical Care Benefits - The City agrees to provide the Kaiser "A" plan with Vision Care 2 (VIS2); Prescription Drug Benefits (RX1); Students/Over-Age Coverage (STU1); Durable Medical Equipment, Prosthetics, and Orthodontics; and Mental Health Benefits (MH3) to employees and qualified dependents at the costs as of July 3, 1986. Any increase in costs during the term of this agreement will be borne by the employees. Costs on July 3, 1986, are as follows: Employee Only $1,028.04; Employee and 1 Dependent - $2,076.64; Employee and 2+ Dependents - $2,940.43. OR -8- The City will make available an Alternative Health Copay Plan (currently provided by the Travelers "A" Plan) being selected by the City's Health Plan Committee and a dental plan comparable to or better than the Dentalnet Plan 46, at a cost (for the dental plan) not to exceed: Employee Only - $97.80/yr. Employee Plus 1 - $195.60/yr. Dependent Employee Plus 2 - $286.80/yr. Dependents Such dental coverage will be made available to all represented employees and qualified dependents. The City will make a good faith effort to have the dental plan in place not later than October l, 1986. II. Life Insurance The City agrees to contribute the amount necessary to provide each employee with $10,000 group term life insurance. Represented employees may purchase up to $25,000 additional life insurance through the City's group insurance plan with said employees paying the additional cost through payroll deductions. III. Dental Plan - For represented employees who elect Kaiser coverage, a dental plan comparable to or better than Dentalnet Plan 46 will be made available at no cost to the City. (See Section 2.15 regarding payment for heal th and life insurance during a leave of absence of more than one month.) 2.12 RETIREMENT I. The City will provide the 2% at 50 retirement plan for classifications represented by the Association as provided for under the Public Employees Retirement System. Retirement benefits shall be based on the average of the three highest years as provided under the Public Employees Retirement System. The retirement benefits shall further include the "widows and survivors benefit." II. Subject to clear legal authority, City agrees to adopt Section 414(h)(2) of the Internal Revenue Code relative to employee retirement contributions, which permits employee PERS contributions to be treated as deferred compensation. 2.13 HOLIDAYS I. "Hard Holidays" - During the term of this agreement, the following are the recognized holidays: Independence Day July 4 Memorial Day Last Monday in May Labor Day First Monday in September Thanksgiving Fourth Thursday in November Christmas December 25 New Year's Day January 1 II. Holiday Pay A. Members who cannot observe normal holiday schedule due to shift work will receive 8 hours pay for each hard holiday. B. If an employee works on a hard holiday whether that employee's regular workday or not, the employee will be paid at a time and a half basis for all hours worked during that shift. This applies if any portion of an employee's shift falls on a hard holiday. This is in addition to the pay mentioned in A. above. III. Floating Holidays Effective the first pay period in July 1986, employees shall be credited with forty (40) hours floating holiday time each year of this MOU, 8 hours each for: Lincoln's Birthday, Washington's Birthday, Admission Day, Columbus Day and Veterans Day. Employees may take floating holiday time at their discretion with the approval of the Director of Public Safety or his/her designee. A. Floating Holiday Use - If an employee uses floating holiday time before the holiday passes and subsequently leaves City service, he/she will be charged for such time. If an employee does not use his/her floating holiday time before June 30 of a fiscal year, he/she will lose such time. The smallest unit of time chargeable to floating holiday time is one half (1/2) hour. 2.14 VACATION AND SICK LEAVE I. Definition For the purpose of this section, the following definitions shall apply: A. "Continuous service" means City service uninterrupted by separation. B. "Intermittent service" means City service interrupted by separation. C. "Time worked" includes actual time worked, holidays with pay, and leave of absence without pay (not to exceed one year) for which Workers Compensation is paid. It shall also include Saturdays, Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. D. "Active service" includes time worked, leave of absence without pay not to exceed fourteen (14) calendar days and leave of absence not to exceed one (1) year for which Workers Compensation is paid. -10- II. Vacation A. Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continuous full-time active service throughout the year previous to that in which the vacation is requested shall be entitled to an annual vacation wi th pay. The following provisions shall apply: (1) Employees shall accrue lO working days during the first year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation will be effective on the employee's six month anniversary date. Any employee who elects to use vacation accruals and subsequently leaves City service prior to the completion of one year will be charged for such vacation. There will be no payoff of any vacation benefits if termination occurs prior to one year. (2) Employees will accrue and be eligible to receive l0 working days annually (cumulative to a total leave balance of 20 working days) during the second through fourth year of service. This benefit will be accumulated at the rate of 3.07 working hours for each full biweekly pay period of service performed. (3} Employees will accrue and be eligible to receive 15 working days annually (cumulative to a total leave balance of 30 working days) during the fifth through fifteenth year of service. The benefit will be accumulated at the rate of 4.60 working hours for each full biweekly pay period of service performed. (4) Employees will accrue and be eligible to receive 20 working days annually (cumulative to a total leave balance of 40 working days) during the sixteenth and succeeding years of service. This benefit will be accumulated at the rate of 6.14 working hours for each full biweekly pay period of service performed. B. Vacation Payback - All members of represented classifications earning three weeks or more vacation annually will have the option of selling five (5) days of said vacation back to the City. The accumulated vacation balance will be reduced accordingly. Payment of vacation hours will be made the first payday of each month provided that the Personnel Department has received ten working days advance notice of the request prior to the payday. -ll- C. Payment Upon Separation - At the time an employee is separated from the City service, whether voluntarily or involuntarily, he/she shall be granted all of the unused vacation to which he/she is entitled based upon his/her active service in prior years, and in addition, he/she shall be granted vacation based upon the length of his/her active service during the year in which the separation occurs and computed on the basis set forth in Section (A)(1). Where the total allowance ends with a fraction of a day, one half day will be computed to the next whole day. D. Vacation Use - Vacation balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence may not be charged to vacation not already accumulated. III. SICK LEAVE A. Accumulated paid sick leave credit is to be used for the sole purpose of protecting the employee's wages in the event absence is made necessary because of disability, injury or illness of the employee or serious illness or death in his/her immediate family. B. Sick Leave Accrual - Computation of sick leave: sick leave with pay is cumulative at the rate of 3.68 working hours for each biweekly pay period of service, 96 hours annually, beginning at the time of full-time probationary employment. A person who has held a position with temporary or interim status and is appointed to a position with probationary status, without a break in service, may have such time credited to sick leave upon the recommendation of the Director of Public Safety and/or Chief of Police and Director of Personnel, and the approval of the City Manager. C. Maximum Sick Leave Accumulation - Unused sick leave may be accumulated in an unlimited amount. D. Sick Leave Use - Sick leave balances shall be reduced by the actual time not worked to the nearest quarter hour. Absence for illness may not be charged to sick leave not already accumulated. E. Sick Leave Verification - The City may require a doctor's certificate and/or a personal sworn affidavit verifying the nature, severity and cause of the disabling injury or illness of the employee to determine eligibility of sick leave. If an employee is required to furnish a doctor's certificate for absences of three days or less, the employee must have been notified of such requirement by the Director of Public Safety or his/her designee, with the approval of the City Manager or his/her designee, within 24 hours of the time the employee notifies the department that he/she will be absent because of illness or disability. F. Bereavement Leave - When an employee with permanent status is compelled to be absent from work because of the death of an immediate family member, an immediate family member of the employee's spouse, or any other person defined by the Internal Revenue Service as a dependent, and after such employee makes written request and receives written approval from the Director of Public Safety or his/her designee, such employee may be allowed the privilege to be absent from work with full pay up to five (5) days, plus reasonable travel time. Travel time will be actual time used not to exceed three (3) calendar days. Paid leave of absence for family death shall be charged to sick leave. Immediate family includes husband, wife, child, stepchild, brother, stepbrother, sister, stepsister, parent, step-parent or any other person serving as a parent, grandmother, grandfather, or any other person living in the same household as the employee. G. Sick Leave Reimbursement - (1) Employees who are unit employees on and before June 30, 1979, shall be entitled to sick leave reimbursement of 20.83% for up to 120 days (maximum 25 days) of unused sick leave upon honorable separation. Unit employees covered by this paragraph (1) are not eligible for benefits under paragraph (2). (2) Employees who are not unit employees on June 30, 1979, and who become unit employees thereafter, shall be entitled to sick leave reimbursement as follows (to the exclusion and in lieu of any benefits under paragraph (1): a. Such employees using four (4) 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 following schedule and all computations shall be rounded to the nearest whole hour: Remaining YearlS Sick Leave PaS Option (25%) 12 days 3 days ll days 2 days, 6 hrs. lO days 2 days, 4 hrs. 9 days 2 days, 2 hrs. 8 da~ys 2 days 7 days or less 0 -13- c. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick 1 eave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. He/she then elects to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) d. Payment will be made during the month of July of each year. Pay will be computed based on the employee's salary step on June 30, and will only be calculated for employees who have been on the payroll for one full year at the time calculations are made. e. Permanent employees covered by this paragraph (G)(2) who retire Uuring the fiscal year will be compensated under this plan based on their formal retirement date. Prorated payment also will be made to an employee who terminates during the fiscal year. In the event of the death of an individual while employed by the City, 50% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. 2.15 LEAVE OF ABSENCE An employee who is mentally or physically incapacitated to perform his/her duties, or who desires to engage in a course of study that will, in the judgment of the City, increase his/her usefulness on his/her return to the classified service, or who, for any reason considered to be in the best interest of the City government by the appointing authority and the Director of Personnel, desires to secure leave from his/her regular duties may, on written request, subject to the recommendation of the Director of Public Safety and/or Chief of Police and the Director of Personnel, and with the approval of the City Manager, be granted leave of absence with or without pay or benefits for a period not to exceed one year. An employee asking for leave of absence without pay shall submit his/her request in writing stating the reasons why, in his/her opinion the request should be granted, the date when he/she desires the leave to begin, and the probable date of his/her return. For each leave without pay, the Director of Personnel shall determine whether the employee granted such leave shall be entitled to his/her former position on his/her return from such leave or whether his/her name shall be placed on a reinstatement list for the class as provided for in the Civil Service Rules. If a request for leave is denied, the employee may appeal the denial to the Civil Service Commission. -14- Any employee who is on an unpaid leave of absence for more than one month shall pay the cost of his/her and the employee's dependent health and life insurance premiums for the total period of unpaid leave of absence; provided, however, that this provision shall not apply if the leave of absence is a result of the employee being ill or disabled. 2.16 MILITARY LEAVE Military leave shall be granted in accordance wi th the provisions of applicable State and Federal laws {California Military and Veterans Code). 2.17 JURY DUTY Jury service or examination leave may be allowed for all full-time probationary or permanent status employees who are required by Court Order to attend court as a prospective juror or serve as a juror, upon immediate presentation of written proof of the exact period of his/her required attendance or service to the Director of Public Safety and the Director of Personnel. The employee shall receive full pay during the period of such leave provided the money, except mileage or subsistence allowance, which he/she receives as a juror is deposited with the Director of Finance for credit to the proper fund. 2.18 RATE OF PAY FOLLOWING PROMOTION When a unit employee is promoted, the new rate of pay will be the lowest step in the new range which will result in the employee receiving at least 5% more than the actual rate in the old classification. The actual rate will also include Motorcycle, Doghandler, or Agent pay if these differentials will be lost as a result of the promotion. It will not include Education Incentive or Bilingual Pay. Employees previously receiving Bilingual Pay will continue to receive it if the new position requires the use of Spanish skills. This determination will be made by the Director of Personnel upon the written request of the Director of Public Safety. 3.01 PAYROLL DEDUCTION Upon the receipt of a written request and authorization from an employee for deduction of Association dues the City shall withhold such dues from the salary of the employee and remit the withholdings to the Association. The City shall continue to withhold such deductions unless the employee files a statement with the City withdrawing authorization for the continued withholding of the deductions. The effective date of withholding to the Association, and the effective date of discontinuance and all procedural matters shall be determined in accordance with the Rules and Regulations of the Finance Director. -15- 3.02 PROBATIONARY PERIOD Police officers shall serve an ei§hteen-month probationary period. Upon completion of the eighteen months, said employee shall be a permanent employee, unless the probationary period is extended by the appointing authority as provided in the Civil Service Rules. 3.03 ADVANCE NOTICE The City shall give reasonable advance written notice to the Association on any proposed change or new ordinance, resolution, departmental rule or regulation relating to the matters within the scope of representation proposed to be adopted by the City or the Department and the Association shall be given the opportunity to meet and confer with City or Department representatives prior to adoption. 3.04 GRIEVANCE PROCEDURE This grievance procedure shall be in effect during the full term of this Memorandum of Understanding. Section 1. PURPOSE. The purposes and objectives of the Grievance Procedure are to: (1) Assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. (2) Encourage the settlement of disagreements informally at the employee-supervisor level and provide an orderly procedure to handle grievances through the several supervisory levels where necessary. (3) Resolve grievances as quickly as possible and correct, if possible, the causes of grievances thereby reducing the number of grievances and future similar complaints. Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: (1) Manager: lhe City Manager or his/her authorized representative. {2) Department: An office, department or institution of the City of Chula Vista. (3) Department head or head of a department: The chief executive officer of a department. (4) Director of Personnel: The Director of Personnel or his/her authorized representative. -16- (5) Employee: Any officer or employee of the City, except an elected official. (6) Employee representative: Am individual who appears on behalf of the employee. (7) Grievance: A complaint of an employee or a group of employees arising out of the application or interpretation of existing rules, regulations, or policies which come under the control of a department head. (8) Immediate supervisor: The individual who assigns, reviews, or directs the work of an employee. {9) Superior: The individual to whom an immediate supervisor reports. Section 3. REVIEWABLE AND NON-REVIEWABLE GRIEVANCES. (1)To be reviewable under this procedure a grievance must: (al Concern matters or incidents that have occurred; or (b) Result from an act or omission by management regarding working conditions or other aspects of employer-employee relationship over which the head of the department has control. (c) Arise out of a specific situation, act or acts complained of as being unfair which result in inequity or damage to the employee. (d) Specify the relief sought which relief must be within the power of the head of the department to grant in whole or in part. (el A violation of any provision of the MOU. (2) A grievance is not reviewable under this procedure if it is a matter which: (al Is subject to those reserved City Management Rights as stipulated under Section 4 of the Employer-Employee Relations Policy for the City of Chula Vista. (b) Is reviewable under some other administrative procedure and/or rules of the Civil Service Commission such as: 1. Applications for changes in title, job classification or salary. 2. Appeals from formal disciplinary proceeding. -17- 3. Appeals arising out of Civil Service examinations. 4. Appeals fromwork performance evaluations. (c) Would require the modification of a policy established by the City Council or by law. (d) Relates to the City's group insurance or retirement programs. Section 4. SPECIAL 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 5. (3) Prompt Presentation. The employee shall discuss his/her grievance with his/her immediate supervisor promptly after the act or omission of management causing the grievance. (4) Prescribed Form. The written grievance shall be submitted on a form prescribed by the Director of Personnel for this purpose. Supervisors shall maintain an adequate supply of such forms. (5) Statement of Grievance. The grievance shall contain a statement of: (a) The specific situation, act or acts complained of as unfair; (b) The inequity or damage suffered by the employee; and (c) The relief sought. (6) Employee Representative. The employee may choose someone to represent him/her at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) Extension of Time. The time limits within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. -18- (9) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall whenever possible be handled as a single grievance. (lO) Settlement. Any grievance shall be considered settled at the completion of any step if all parties are satisfied or if neither party presents the matter to a higher authority within the prescribed period of time. (ll) Reprisal. The grievance procedure is intended to assure a grieving employee the right to present his/her grievance without fear of disciplinary action or reprisal by his/her supervisor, superior or department head, provided he/she observes the provisions of this grievance procedure. Section 5. GRIEVANCE PROCEDURE STEPS. The following procedure shall be followed by an employee submitting a grievance pursuant to policy: (1) Discussion with Supervisor. The employee shall discuss his/her grievance with his/her immediate supervisor informally. Within seven (7) calendar days, the supervisor shall give his/her decision to the employee orally. (2) Written Grievance to Superior. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the seven {7) calendar days' limit, the employee m~ within seven (7) calendar days present his/her grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her superior within seven (7) calendar days. The superior shall hear the grievance and give his/her written decision to the employee within seven (7) calendar days after receiving the grievance. (3) Grievance to Department Head. If the employee and superior cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the seven calendar days' limit, the employee may within seven (7) calendar days present his/her grievance in writing to his/her department head. The department head shall hear the grievance and give his/her written decision to the employee within seven {7) calendar days after receiving the grievance. {4) Grievance to Director and Manager. If the employee and department head cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within seven (7) calendar days' limit, the employee may within seven (7) calendar days present his/her grievance in writing to the Director of Personnel and the City Manager. The Director of Personnel and/or the City Manager shall within fourteen (14) calendar days after receipt of the grievance hear the grievance and render a written decision. -1 9- (5) Grievance to City Council. If the employee is not satisfied with the decision of the Director of Personnel and/or the City Manager, he/she may within fourteen (14) calendar days appeal in writing to t~e City Council. Said Council shall within thirty (30) days after receipt of the appeal either {1) hear the appeal and render a decision or, (2) refer it to the Chula Vista City Civil Service Commission to hear the appeal and render a final decision within such thirty (30) day period. 3.05 PROHIBITED PRACTICES I. The Association shall not condone or counsel its members, or unit members, or any of them, to strike, fail to fully and faithfully perform duties, slow down, disrupt, impede or otherwise impair the normal functions and procedures of the Department except that nothing shall be construed in this agreement to prevent the Association or its unit members from exercising any legal rights or remedies they may presently possess to redress a wrong. II. Should any unit employees during the term of this Memorandum of Understanding, and until such time that it is expressly or legally rescinded, breach the obligations of Paragraph I, the Director of Public Safety or his/her designee in conjunction with the City Manager or his/her designee shall immediately notify the Association that in his/her opinion a prohibited action is in progress. III. lhe Association shall promptly disavow prohibited actions and shall order such members either orally or in writing to immediately cease the prohibited activity, and provide the Director of Public Safety or his/her designee and the City Manager or his/her designee with a copy of that which they have orally stated or served upon its members to comply with Paragraph I herein. IV. If the Association disavows the alleged prohibited activity and takes all possible actions hereunder in good faith, the City shall not hold the Association responsible for imposition of such penalties or sanctions as the City may assess against the participants. V. Should the Association during the term of this Memorandum of Understanding and until such time that it is expressly and legally rescinded, breach its obligations, or any of them under this section, it is agreeO that the City may pursue all legal and administrative remedies available to the City that it in its discretion may elect to pursue, provided such is presently provided for by law. VI. T~e agreements contained in Paragraphs I and V are in addition to and do not constitute a waiver of rights currently existing under the law. -20- 4.01 HEALTH FITNESS PROGRAM Commencing July l, 1986, alt sworn police staff represented by the Association shall participate in a physical fitness assessment. This assessment shall be conducted in conjunction with Southwestern College's Physical Education Department and shall consist of three, 3-hour sessions (9 hours total) involving a physical conditioning assessment and nutritional and fitness training. The 9-hour assessment shall be conducted on an overtime basis. In succeeding years, staff shall undergo a 4-1/2 hour physical fitness reevaluation. As part of the physical fitness assessment, an individualized exercise program with specific improvement goals will be developed for each participant. To help staff carry out their exercise programs, the City shall refurbish the current gymnasium located in the basement of the Police Building, and shall purchase new exercise equipment, including Life Cycles and Nautilus equipment. Participation in the initial and recurring physical fitness assessments shall be mandatory for all sworn staff represented by the Association. Follow-up participation in an individual exercise program shall be voluntary. The Peace Officer Association shall, however, encourage their members to participate in their individual exercise program. 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 1986, up to the beginning of the first regular pay period in July 1987, and it is understood and agreed that the terms and conditions, wages, and all provisions of this Memorandum of Understanding shall continue in effect until a new Memorandum of Understanding is negotiated and subsequently ratified by the Association and the City Council. Said terms and conditions as outlined in this Memorandum of Understanding shall remain in effect year by year from the first pay period in July 1987, unless one of the parties notifies the other in writing no later than March l, 1987, of its desires to modify or terminate the agreement. II. The provisions of this Memorandum of Understanding shall be subject to Federal, State and local law. III. This MOU fully and completely incorporates the understandings of the parties hereto for the full term of this agreement, constituting the sole and 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 mutual agreement. Nothing contained herein shall affect rights and privileges of parties as established by the laws of the State of California, as contained in the Government Code of the State of California under those provisions known as the Meyers-Milias-Brown Act, unless specifically referred to herein. -21 - 5.02 RETENTION OF BENEFITS The represented employees covered by this agreement shall retain all benefits provided herein for the full term of this agreement and for any such additional period of time as provided in Section 5.01; provided, however, benefits, rights, or privileges not specifically covered by this MOU, but subject to the Myers Milias Brown Act, may be acted upon by the City without mutual consent after meeting and conferring with the Association. 5.03 SAVINGS CLAUSE If any article or section of this Memorandum of Understanding should be held invalid by operation of law or by a final judgment of any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal, the remainder of this Memorandum of Understanding shall not be affected thereby. In the event of the invalidation of any article or section, the City and Association agree to meet within sixty (60) days after the expiration of any administrative or judicial appeal period/process for the purpose of meeting and conferring over said invalidated section or article. For the City: For the Association: City of Chula Vista WPC ll29A -22-