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Home My WebLink AboutReso 1983-11409 " '. " RESOLUTION NO. 11409 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER- STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE POLICE OFFICERS ASSOCIATION FOR FISCAL YEARS 1984 THROUGH 1986 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 hereto- fore 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 I' Police Lieutenant, in accordance With, the provisions of Section 3500 et seq. of the Government Code of the State of California, and I WHEREAS, the Memorandum of Understanding jointly pre- pared 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 refer- ence as' if, set forth in full. 1 1 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista ~oes hereby approve and accept said Memo- randum of Understanding as contained in Exhibit "A" for fiscal years 1984 through 1986. I I Presented by Approved as to form by ~ d:- -- ---- C"' ~~j~ E. R. Asmus, Assistant , , ~Komas J. Harron, City . I ~_ C~ty Manager Attorney I I f" ADOPTED I CHULA VISTA, CALIFORNIA, this 19 83, by thJ following .vot~, , I Councilmen I Councilmen I Councilmen I Councilmen -i AND APPROVED BY THE CITY COUNCIL OF THE CITY OF 18th day of October AYES: to_it: Scott, Malcolm, Cox, Moore, McCand1iss NAYES: None ABSTAIN: None ABSENT: None May ATTEST~~~ (/ City Clerk Rr1 " ; STATE OF CALIFORNIA ) I , COUNTY OF SAN DIEGO ) s s. I CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, I DO HEREBY CERT'FY that the abov,e and foregoing is a full, true and correct copy of RESOLUTION ,NO. 11409 ,and that the same has not been amended or repealed. DATED (seal) . City Clerk CC-660 SIDE LETTER AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE RELIEF ASSOCIATION . The Chula Vista Police Relief Association ("Association"), in consideration of Article 4.02 (2) (f) of the FY 1983~86 Memorandum of.Understanding between the City Of Chula Vista and the Association, hereby agree: [That should a decision be made by the City Council of Chula Vista before July 1,1986 to proceed with the implementation of a public safety officer program that does not allow for at least one year of field assignment.of one or more public safety officers prior to July 1, 1986, then the Association and employees represented.by the Association agree to contjnue to fully cooperate in the ,implementation of the program for one full year after fielding ,one or more public safety officers, provided said one full year is completed' before July 1, 1988. FOR THE CITY: I Date: /~~~il FOR THE ASSOCIATioN: Da te : /I/1( f{ .3 ~~----_"'! ~~M~ . . AssistantlCity Manager. of the . City of Chula Vista CkPt~. W. Del J L. THOMASW. DOYLE . Attorney for Chula Vista Police Relief Association C//C?~! H.~. KING, Lieutenant~ . , (~Ie,'~ THOMAS R. BASINSKI, Agent ~.:,:!> ~ ~ ''''" /' ,- . , ~"1"./ , eace fmer ,(1.. ~ I 1'ftJ '1 '- . ~ ,_ ,;'n' '" ,.... " e . ":':':;i.",~- . ,,;. ~( '... . "., . .-' ...."~,- ,- " ,. ~.~. .._'~';," \I. "". ...." ,,_ ......~' . ,-- - ~'^~~ - ~,~::.......:.;:. -~~,;'....;:::...~ .-! I I I I. . EXHIBIT A M E M 0 RAN DUM o F U N D E R S TAN DIN G BETWEEN C I T Y 0 F C H U L A V 1ST A AND C H U L A V 1ST A POL ICE R ELI E F ASS 0 C I A T ION 19B3-86 I /.J I . /C. - //.yc CFl MEMORANO'UM OF 'UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA' AND THE CHULA VISTA POLICE RELIEF ASSOCIATION FOR FISCAL YEARS 1983-1986. I 1.101 1.02 1.103 1.04 1.05 2.01 2.102 2.103 2.104 2.105 2.106 2.'07 2.108 2.109 2.110 2.111 2.112 2.113 2.114 2.115 2.116 2.117 2.118 3J01 3.102 3.103 3.104 3.105 4.101 4.102 5J01 5.102 5.103 ...., , , I PREAMBLE RECOGNITION CITY RIGHTS ASSOCIATION RIGHTS EMPLOYEE RIGHTS WAGES EDUCATION/P.O.S.T. INCENTIVE PAY UNIFORMS MILEAGE REIMBURSEMENT WORK WEEK/PAY PERIOD OVERTIME CALLBACK TRAINING TIME BILINGUAL PAY DIFFERENTIAL PAY HEALTH AND WELFARE RETIREMENT HOLIDAYS VACATION AND SICK LEAVE LEAVE OF ABSENCE MILITARY LEAVE JURY DUTY RATE OF PAY FOLLOWING PROMOTION PAYROLL DEDUCTION PROBATIONARY PERIOD ADVANCE NOTICE GRIEVANCE PROCEDURE PROHIBITED PRACTICES HEALTH FITNESS PROGRAM PUBLIC SAFETY OFFICER PROGRAM TERM AND EFFECT OF MOU RETENTION OF BENEFITS SAVINGS CLAUSE /~."- :.~ -~~/ !<. -/Iytlf ....;!J I" 1. 01 PREAMBLE I The followjng constitutes a Memorandum of Understanding between the City of Chula Vista ("City") and the Chula Vista Police Relief Association ("Association") as a result of meeting and conferring in good faith concerning wages, hou'rs and other terms and conditions of employment, pursuant to Government I Code Section 3500 et. seq. and the Employer-Employee Relations Policy of the City of Chula Vista. I 1.02 RECOGNITION The City )eCOgniZeS the Association as the certified representative for all employees bf the Police Department who are employed in the classifications' of, or have the working titles of, Peace Officer, Agent, Police Sergeant, and Police Lieutenant. 1.03 CITY fRIGHTS Nothing contained herein shall be construed to restrict any legal or inherent exclusive tity rights with respect to matters of legislative or managerial policy. I ' The exclusive rights of the City shall include, but not be limited to, the ri ght to: I ' Establish, plan for, and direct the work force toward the organizational goals of the City government. D I. h " d h 't 't d 1 I f eter:mlne t e organlzatlon, an t e merl s, neceSSl y an eve 0 activity or service provided to the public. Dete1mine the City budget. Establish, regulate and administer a merit or civil service system which provides for all types of personnel transactions, including, but not 1 imited to, determining the procedures and standards for the hiring, promotion, transfer, assignment, layoff, retention, and classification of P9sitions in accordance with the City Charter, Civil Service Rules, and the established personnel practices. I Discipline or discharge employees for proper cause. 'Dete~mine the methods, means, numbers, and kinds of personnel, and the job or position content required to accomplish the objectives and goals of the City. ' Effebt a reduction in authorized positions. Take] actions necessary to carry out the mission of the City in emergencies and' in other situations of unusual or temporary circumstances. I I -2- I ~-IIV?J? I C.. .I . "ff" " d d ontlnue to exerclse e lClent an pro uctive management. practices consijstent with Federal and State laws and in compliance with the City Charter and City ordinances. In exercising these rights the City shall compl~ with all applicable provisions of this agreement. I I The estab 1 i shment or exerc i se of City ri ghts shall not be subject to meet i ng and confer~ing; 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. I 1.04 ASSOCIATION RIGHTS 1. I Authorized representatives of the Association shall be allowed reasonable access to unit employees at their work locations during working hours for the purpose of consulting with employees in the unit regarding the employer-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 designated representative when contacting unit employees during the duty period of the employees. The Director of Public Safety or his des i gnee shall determine the appropriate time for such acces s. " II. The Association may be granted use of City facilities by the appropri ate appoint i ng authority for meet ings 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, JOln and participate in the activities of employee organizations of their own choosing for the purpose of representation in matters of employer-employee relations. -3- ':! I. !?-/IVPf II. City agrees that no officers, agents, representatives, members or anyone connected with either part 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 duri~g the term of this agreement will be determined in accordance with the following provisions: ,.:,: A. Effective the first pay period classifications represented by granted a salary increase of three commencing in July 1983 the Association will be percent (3%). B. Effective the first pay period commencing in July 1984, base wages .will be increased by the percentage base salary increase granted or negotiated by the CVEA unit members (excluding any special adjustments). On September 1, 1984, a sa 1 ary survey wi 11 be conducted by the City and the Association for the classification of Peace Officer as defined by Chula Vista's Classification Plan for all city police departments, including the County Sheriff's Department (for Deputy Sheriff classification), in the County. If the survey results indicate that the City's base wage for the classification of Peace Officer is below the average base wage (excluding Chula Vista), then and in that event all of the classifications represented by the Association will be automatically granted the percentage base salary increase required to bring the City's Peace Officer classification up to said average base wage. Salary increases granted under this formula will be retroactive to the first pay period commencing in July 1984. Effective the first pay period commencing in July 1985, base wages will be increased by the percentage base salary increase granted or negotiated by the CVEA unit members (excluding any special adjustments). On September 1, 1985, a sa 1 ary survey wi 11 be conducted by the City and the Association for the classification of Peace Officer as defined by Chula Vista's Classification Plan for all city police departments, including the County Sheriff's Department (for Deputy Sheriff classification), in the County. If the survey results indicate that the City's base wage for the classification of Peace Officer is below the average base wage (excluding Chula Vista), then and in that event all of the classifications represented by the Association will be C. -4- j(~lltfCJf I D. I I I I I I ! automatically granted the percentage base salary' increase required to bring the City's Peace Officer classification up to said average base wage. Salary increases granted under this formula will be retroactive to the first pay period commencing in July 1985. In conducting the September salary surveys of the Peace Officer classification, as provided in Sections Band C above, the City's base wage for Peace Officer at the Estep will be compared to the base wage for comparable Peace Officer classifications (in all city police departments, including the County Sheriff's Department, in the County) at the top step that is available to all Peace Officers in a police department, and that is achieved by the majority of a department's Peace Officers by the end of their seventh year of service. The base wage used in the comparisons will not include any "differential" payor city payments of employee PERS contributions. Any employee payments of city PERS contr i but ions wi 11 not affect the emp 1 oyees' base wage used in the comparisons. 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. II 1. Di stri but ion of paychecks shall be done on ly on regul ar 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 recommendat ion by I the Director of Public Safety and the approval of the City. -5- ;'<.-;llft?9 , Required months of serv i ce for each step sha 11 be: Months St~ -- 6 months in 1 6 months in 2 6 months in A 6 months in B 12 months in C 12 months in D Thereafter in E 2.02 EDUCATION/P.O.S.T. INCENTIVE PAY 1. j Up unti 1 the start of the second pay period commencing after ! ratification of this agreement by the City Council and the Association, emp10yees represented by the Association who have reached "E" Step sha 11 be ent it 1 ed to two and one ha 1f percent (2-1/2%) of base pay for an A.A./A.S. degree or five percent (5%) for a B.A./B.S. degree. Starting with the second pay period commencing after ratification of this agreement by the City Counci1 and the Association, emp 1 oyees represented by the Associ ati on sha 11 be ent it1 ed to either $20 or $40 per pay period if they meet the following educationa1/P.0.S.T. incentive pay requirements: A. Pol ice 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 entit1ed to $ZIf per pay period. Po1ice 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 entit1ed to $40 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 entit1ed to $20per pay period. Po1ice Sergeants who have obtained both a B.A./B.S. (or higher) degree and a Supervisory P.O.S.T. Certificate shaH be entitled to $40-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 sha11 be entitled to $20-per pay period. Po1ice Lieutenants who have obtained both a B.A./B.S. (or higher) degree and a Management P.O.S.T. Certificate sha11 be entitled to $40 per pay period. II. Prior to January 1, 1984, a specia1 continuing education committee shall develop a specific detailed program that will require represented emp10yees of the Police Department to engage in continuing educational pursuits of a nature that will add to their know1edge and effectiveness as sworn officers in order to continue to receive educational/P.O.S.T. incentive pay. The continuing education requirement will become effective the first pay period -6- ;Z-/1'/~1 commencing in February 1985'. It is not the intent. of this provi s i on that the Committee has the authority to deve 1 op an initial program or make revisions to the program that would effectively eliminate the educational incentive pay program. To that end, the Committee's program or revisions to the program during the term of this agreement shall not require the equivalent of fewer than three educational units biennially or more than six educational units biennially from a recognized university or co 11 ege. The Committee shall further have the authority to define . the equivalent unit value that may be assigned to various educational. pursuits including post training and other educational activities that reasonably are equivalent to the educational value of university or college credits. Said committee shall consist of the Director of Public Safety, one I member appointed by the Director of Public Safety, two members appointed by the Association, and a fifth member appointed by the City Manager. The Committee's initial program shall be subject to future revisions by the Committee in order to insure that the purpose and intent of the continuing education program is carried out. The Committee's programs shall be binding on both the Association and the City for the duration of this MOU. 2.03 UNIFORMS 1. I Initial Allowance - An initial allowance of three hundred dollars ($300) will be provided to each new employee hired before July 1, 1984, for purchase of regulation pol ice uniforms and equipment. Uniforms will be returned to the City if the employee does not successfully complete the police academy. II. Effective July 1, 1984, all regulation police uniforms (excluding shoes) and equipment will be provided at City expense. If regulation police uniforms or equipment are destroyed or damaged in the line of duty, they will be repaired or replaced as determined by the. Director of Public Safety or his 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. (Details of this program will be determined by the Director of Public Safety, with input from the Association, prior to implementation.) 2.04 MILEAGE REIMBURSEMENT I Employees ~hall be subject to the City's mileage reimbursement program required to use their private automobile for authorized City business: I when 26t 24t 22i per mile - per mile - per mile - first 200 miles next 300 miles over 500 mi les each each each month month month I< -//,/tJ)1 -7- 2.05 WORK' WEEK/PAY PERIOD A normal wJrk week shall consist of five eight-hour days or four ten-hour days totaling forty (40) hours during each seven (7) calendar days. A normal pay period shall consist of ten (10) eight-hour days or eight (8) ten-hour days totaling eighty (80) hours during each fourteen (14) calendar days to coincide with the City's scheduled pay periods. I 2.06 OVERDME I. Subject to the provlslons of Paragraphs II through IV below and Section 2.08, 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 overtime at time and one-half (1-1/2) his/her regular base hourly rate. 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 overtime pay as follows: A. If an employee works more than three (3) hours beyond his/her regularly scheduled shift, he/she will be paid at time and one-half (1-1/2) his/her regular hourly rate for actual overtime worked. B. If an employee works three (3) hours or less over his/her regularly scheduled shift, he/she will be paid straight time for the first hour, and at time and one-half (1-1/2) for the remaining overtime worked. I' C. In no event will an employee be paid for less than fifteen (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 designee to be present in criminal or juvenile court, or other judicial proceedings, shall receive time and one half pay for all time actually spent and required to be in court and all actual travel time required between the court and either the Police ~tation 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. -8- 1{-/lyo1 IV. Differentia1 Pay - In ca1cu1ating overtime pay, education/P.O.S.T. incentive, bi1ingua1, motorcyc1e, and dog hand1er differentia1 pay shall not be included in either the straight time or time and one-ha1f pay ca1cu1ations. Pay differentia1 provided for Agents sha11 be inc1uded in ca1cu1ating either straight time or time and one-ha1f overtime pay. I 2.07 CALLBACK Whenever a~ emp10yee is ca11ed back to work, after he/she has 1eft his/her work site, land is required to return to work before the schedu1ed start of his/her next shift, he/she wi11 receive a twenty d011ar ($20) bonus in addition td the actua1 overtime worked if the overtime worked is one hour or 1ess. The twenty d011ar ($20) ca11back bonus will not be paid if the emp10yee works in excess of. one hour of overtime. Since emp10yees are guaranteed a minimum of two hours for each court appearance, the ca11back bonus wi11 not be paid for any court time. I 2.08 TRAINING TIME Emp10yees lho are required to attend training functions such as c1asses, seminars, and related activities, wi11 be compensated at their regular hour1y rate for any time beyond the norma1 work week de1ineated for their position. I , 2.09 BILINGUAL PAY Those emp1tees who, upon recommendation of the Director of Pub 1 ic Safety and/ or Ch ie'f of Po 1 ice and the approva 1 of the Personne 1 Department and City Manager, a~d successfu1 comp1etion of a Bi1ingua1 Performance Eva1uation, are regu1ar1y r1'equired to use their bi1ingua1 ski11s in the performance of their duties wi11 receive $40 per month in addition to their regu1ar pay. 2.10 DIFFERENTIAL PAY m . I. Agent Status - Emp 1 oyees who are des ignated Po 1ice Agents wi 11 receive 5% additiona1 compensation per month over base pay. II. Motorcyc1e Pay - Emp10yees who are assigned to Motorcyc1e Duty sha11 receive $55.00 per month additiona1 compensation. III. Dog Hand1ers - Emp10yees who are designated Dog Hand1ers wi11 receive $35.00 per month additional compensation. 2.11 HEALTH AND WELFARE I I. Hospita1/Medica1 Care Benefits - The City agrees to assume the cost of premium increases and to continue to pay the fu11 premium costs for hospita1/medica1 care benefits for emp10yees and qua1ified dependents under the Trave1ers "A" P1an, or' to contribute an equa1 d011ar amount to the current Kaiser P1an. -9- /{-/IY07 I I. Life Insurance The City agrees to contribute the amount necessary to provide each employee with $3,000 group term 1 ife 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. Long-Term Disability Insurance - Effective November 1, 1984, the City will no longer pay the cost of the existing PORAC Long-Term Disability .Insurance benefit coverage. On said date, the City will institute a system to pay for this insurance through payroll deductions for employees who authorize such deductions. If current employees want their PORAC insurance to continue uninterrupted, they must notify the Finance Department of their authorization to withhold said premiums prior to November 1, 1984. (See pection 2.15 regarding payment for health and life insurance during a leave of absence of more than one month.) I 2.12 RETIREMENT The City iill provide the 2% at 50 retirement plan for classifications representedl by the Association as provided for under the Public Employees Retirement Isystem effective October 1, 1984. Retirement benefits shall be based on the average of the three highest years as provided under the Pub 1 ic Employees R~tirement System. The CitY'slpercentage contribution during the entire term of this r~emorandum of Understanding shall not exceed 25.89%. It is understood and agreed that any increase in the City's contribution rate above the 25.89% or any increase in employee1s' contribution shall be solely at the member's expense. 2.13 HOLID1AYS I. "Hard Holidays" - During the term of this agreement, the following are the recognized holidays: Independence Day Labor Day Thanksgiving Chri stmas New Year's Day II. ! Holiday Pay (A) When an employee's day off falls on a hard holiday, he/she will be paid eight (8) hours for that day. July 4 First Monday in September Fourth Thursday in November December 25 January 1 -10- f(-// ya9 , , ' (B) When a hard holiday falls on an employee's regular 'work 'day and he/she works that ho 1 iday, he/she wi 11 be pa id for an extra twelve (12) hours in addition to the actual time worked (2-1/2 times base pay). I (C) If a hard holiday falls on an employee's regular work day and the employee elects (with supervisory approval) to take that II holiday as an extra day off, he/she will then receive eight (8) ,hours of pay at the regular hourly rate. I I (D) If a hard holiday falls on an employee's regular day off and I he/she is required to work, he/she will be paid eight (8) hours at i the regular hourly rate and actual time worked at time and one I half (2-1/2 times base pay). III. iF10ating Holidays Effective the first pay period in July 1983, 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 designee. I (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 I fiscal year, he/she will lose such time. The smallest unit of i~ime 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 I Saturdays, Sundays, or other regu1 ar days off wh ich are I immediately preceded or immediately followed by other time worked. I I (D) "Active service" includes time worked, leave of absence I without pay not to exceed fourteen (14) calendar days and leave of I absence not to exceed one (1) year for which Workers Compensation I is paid. -11- ~-I/Y07 , II. Vacation (Al Vacation Accrual - Continuous service: Each employee paid at a biweekly rate who has had continous full-time active service I throughout the year previous to that in which the vacation is ~ requested sha 11 be ent it 1 ed to an annua 1 vacat ion with pay. The I following provisions shall apply: (1) Employees shall accrue 10 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 anni versary date. Any emp 1 oyee who elects to use vacat ion 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 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 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. I (B) Vacation Payback - All members of represented classifications : earning three weeks or more vacation annually will have the option i of selling five (5) days of said vacation back to the City. The I accumulated vacation balance will be reduced accordingly. Payment of vacation hours will be made the first payday of each month i provided that the Personnel Department has received ten working ! days advance notice of the request prior to the payday. -12- R-I/ ftJ9 (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 shan 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)(l). Where the total allowance ends with a fraction of a day, ,one ha 1f day wi n be computed to the next who 1 e day. (D) Vacation Use - Vacation balances shan be reduced by the actua 1 time not worked to the nearest quarter hour. Absence may not be charged to vacation not already accumulated. Ill. 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 annuany, beginning at the time of fun -t ime pro bat i onary emp 1 oyment. 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 Po 1 ice and Director of Per sonne 1, 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 actua 1 time not worked to the nearest quarter hour. Absence for illness may not be charged to sick leave not already accumulated. (El 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 designee, with the approval of the City Manager or his designee, within 24 hours of the time the employee notifies the department that he/she will be absent because of illness or di sabil ity. i r- -13- R-/I'/oc; (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 Servi ce as a dependent, and after such employee makes written request and receives written approval from the Director of Public Safety or his designee, such employee may be allowed the privilege to be absent from work with full pay up to five (5) I'days, plus reasonable travel time. Travel time will be actual time used not to exceed three (3) calendar days. Paid leave of I absence for family death shall be charged to sick leave. Immediate family includes husband, wife, child, stepchild, brother, stepbrother, sister, steps i ster, parent, step-parent or I any other person serving as a parent, grandmother, grandfather, or any other person living in the same household as the employee. I (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 (l) are not eligible for benefits under paraaraph (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 schedul e and all computat ions sha 11 be rounded to the nearest whole hour: Remaining Yearly Sick Leave 12 days 11 days 10 days 9 days 8 days 7 days or less Pay Option (25%) 3 days 2 days, 6 hrs. 2 days, 4 hrs. 2 days, 2 hrs. 2 days 0 -14- /<.-11,/07 c. If the pay option is selected, the paid sick leave hours shall be subtracted from the employee's accumulated yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated. (Example: Employee uses 4 days sick leave. He/she then elects to receive pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his/her remaining yearly sick leave and the other 6 days are added to the employee's accumulated sick leave balance.) d. Payment wi 11 be made duri ng the month of Ju ly 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 emp 1 oyees covered by th i s paragraph (G) (2) who retire during the fiscal year will be compensated under this plan based on their formal retirement date. Prorated payment also will be made to an employee who terminates during the fiscal year. In the event of the death of an individual while employed by the City, 50% of the employee's unused, accumulated sick leave will be paid to the appropriate beneficiary. 2.15 LEAVE OF ABSENCE An emP10ye~ who is mentally or physically incapacitated to perform his/her duties, orJ 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 I 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 wri tten re'quest, subject to the recommendation of the Director of Public Safety andl/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 op i n i on the request shoul d 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/herlreturn 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. -15- 1?-ll'jCJf Any emp 1 Oy~~ who is on an unpa i d 1 eave of absence for more than one month sha 11 pay ~he cost of his/her and the employee's dependent health and 1 ife 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. I 2. 16 MILI~ARY LEAVE I Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veterans Code). 2.17 JURY DUTY Jury service or examination leave may be allowed for all full-time probationa~y 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 I or service to the Director of Publ ic Safety and the Director of Personne 1. I The emplOy~e shall receive full pay during the period of such leave provided the money, lexcept 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 newlrange 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 ~esult of the promotion. It will not include Education Incentive or B i 1 i ngua l'jay. , 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 byl the Director of Personnel upon the written request of the Director of Public Safety. I 3.01 PAYROLL DEDUCTION Upon the r~ceiPt of a written request and authorization from an employee for deduction lof Association dues the City shall withhol d such dues from the salary of the employee and remit the withholdings to the Association. The City shall cont inue to withho 1 d such deduct ions un less the emp 1 oyee 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 sh'a 11 be determi ned in accordance with the Ru 1 es and Regu 1 at ions of the Finance Director. -16- IZ. - /I,/of 3.02 PROBATIONARY PERIOD -, Police Off1ficers shall serve an eighteen-month probationary period. Upon completion of the eighteen months, said employee shall be a permanent employee, lunless the probationary period is extended by the appointing authority as provided in the Civil Service Rules. I 3.03 ADVANCE NOTICE I The City shall give reasonable advance written notice to the Association on any proposed change or new ordinance, resolution, departmental rule or regu 1 at ion Ire 1 at ing to the matters with i n the scope of representat i on 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. I 3.04 GRIEVANCE PROCEDURE This grieV~nce procedure shall be in effect during the full term of this Memorandum II of Understanding unless the City and the Association meet and confer on any proposed changes prior to July 1, 1984, and the grievance procedure is modified by either mutual agreement or by unilateral action of the City a]ter an impasse has been reached. I Sect ion 1. PURPOSE. The purposes and object ives of the Grievance Procedure are to: I (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 ~ecessary. (3) Resolve grievances as quickly as possible and possible, the causes of grievances thereby reducing grievances and future similar complaints. correct, if the number of - . Section 2. DEFINITIONS. For the purpose of this grievance procedure the following definitions shall apply: 1 I (1) Manager: The City Manager or his 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. -17- )?-IJ'IIYj (4) Director of Personnel: The Director of Personnel or ,his authorized representative. (5) Employee: Any officer or employee of the City, except an elected official. (6) Employee representative: An 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: (a) 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 who 1 e or in part. (e) A violation of any provision of the MOU. (2) A grievance is not reviewable under this procedure if it is a matter which: (a) 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. -18- tf- 11'It1C; (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. 3. Appeals arising out of Civil Service examinations. 4. Appeals from work performance evaluations. (c) Would require the modification of a policy established by the City Councilor 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 or their consent. (2) Procedure for Presentation. In presenting his grievance, the employee shall follow the sequence and the procedure outlined in Section 5. (3) Prompt Presentation. The employee shall discuss his grievance with his immed i ate supervi sor prompt ly after the act or omi ss i on 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: (al 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 at any step after the first step in the procedure, i.e., at any step after formal discussion with his immediate supervisor. No person hearing a grievance need recognize more than one representative for any employee at anyone time, unless he so desires. -19- 1<-//;/0'1 (7) Handled During Working Hours. Whenever possible, grievances will be handled during the regularly scheduled working hours of the parties involved. (8) I 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 wri tten consent of the part i es invo 1 ved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (g) Consolidation of Grievances. If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances shall whenever possible be handled as a single grievance. (10) Settlement. Any 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. (11) Repri sa 1. The gri evance procedure is intended to assure a grieving employee the right to present his grievance without fear of disciplinary action or reprisal by his supervisor, superior or department head, provided he 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 grievance with his immediate supervisor informally. Within seven (7) calendar days, the supervisor shall give his 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 may within seven (7) calendar days present his grievance in writing to his supervisor who shall endorse his comments thereon and present it to his superior within seven (7) calendar days. The superior shall hear the grievance and give his 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 (7) calendar days' 1 imit, the employee may within seven (7) calendar days present his grievance in writing to his department head. The department head shall hear the grievance and give his written decision to the employee within seven (7) calendar days after receiving the grievance. -20- f(- //v/)9 (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 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. I (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 may within fourteen (14) calendar days appeal in writing to the 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. 11. Shou 1 d any un it emp 1 oyees duri ng the term of th i s 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 progres s. III. The Association shall promptly disavow prohibited actions and shall order such members either orally or in writing to immediately cease the prohibited activity, and provide the Director of Public Safety or his/her designee and the City Manager or his/her designee with a copy of that which they have orally stated or served upon its members to comply with Paragraph I herein. 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. -21- /{-;IYlJy V. Shoul d the Assoc i at i on duri ng the term of th i s Memor'andum' of Understanding and until such time that it is expressly and legally rescinded, breach its obligations, or any of them under this section, it is agreed that the City may pursue all legal and administrative remedies available to the City that it in its discretion may elect to pursue, provided such is presently provided for by law. VI. The agreements contained in Paragraphs I and V are in addition to and do not constitute a waiver of rights currently existing under the 1 aw. 4.01 HEALTH FITNESS PROGRAM I The Association and the Public Safety Director shall meet and confer to devise a health fitness program during the 1983-84 fiscal year with an effective date of July 1,1 1984. The City Manager must approve th is new program prior to implementation. I 4.02 PUBLIC SAFETY OFFICER PROGRAM The City, I the Association, and employees represented by the Association mutually agree to: 1. Fully cooperate in a study to determine the feasibility and viability of introducing a Public Safety Officer program in the City. 2. Fully cooperate during the implementation phase of such a program, provided, however, it is further understood and agreed: a. Prior to implementing said Public Safety Officer program, the representat ion for the new Pub 1 i c Safety Officer emp 1 oyees shall be determined by the Employer-Employee Relations Policy of the City of Chula Vista; provided, however, it is understood and agreed that under said policy, City has the right to initiate action at any time to determine unit representation of any new classifications that may result from establishing a PSO program. (1) If it is determined that the Association shall be the representative of the new Public Safety Officer classifications, then the City and Association shall meet and confer on the subjects of wages, hours and other terms and conditions of employment of the new Pub 1 i c Safety Off icer emp 1 oyees and on the impact of a PSO program on the wages, hours, and working conditions of employees represented by the Association. -22- !?-//Yt?7' (2) If it is determined that the Association sha1'1 'not. be the representative of the new Public Safety Officer classification then the City and the Association shall meet and confer on the impact of a PSO program on the wages, hours, and working conditions of employees represented by the Association. b. That the new Public Safety Officers would be new hires. c. That current employees may voluntarily apply to become Public Safety Officers. d. That the City would aggressively apply its existing Affirmative Action program ln hiring, promoting or transferring employees into the Public Safety Officer program. e. That the right to implement or not implement a Public Safety Officer program is solely a determination to be made by the City subject to the terms and conditions provided herein. f. If a decision is not made by the City Council before July 1, 1986, to proceed wi th imp 1 ementat ion of a PSO program, the Association and the employees in classifications represented by the Association have no further obligation to abide by the terms and conditions of this section, subject to the followi ng: If a decision made by the City Council before July 1, 1986, to proceed with implementation of a PSO program in the City would not allow for at least one year of field assignment of one or more Public Safety Officers prior to July 1, 1986, the Association and employees in classifications represented by the Association would agree by a side letter agreement to fully cooperate in the implementation of the program for one full year after fielding one or more Public Safety Officers, notwithstanding the other terms and conditions herein. 5.01 TERM AND EFFECT OF THIS MEMORANDUM OF UNDERSTANDING 1. This Memorandum of Understanding shall remain in full force and effect commencing with the beginning of the first regular pay period in July 1983, up to the beginning of the first regular pay period in July 1986, and it is understood and agreed that the terms and conditions, wages, and all provisions of the last year of the term 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 the final year of this Memorandum of Understandi ng shall rema i n in effect year by year .from the first pay period in July 1986, unless one of the parties notifies the other in writing no later than March 1, 1986, of its desires to modify or terminate the agreement. -23- /(-119~7 II. The provisions of this r~emorandum 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, const itut i ng the so 1 e and ent i re understand i ng 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 conf er sess ions by mutual agreement. Noth i ng 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 II known as the Meyers-Milias-Brown Act, unless specifically referred to herei n. 5.02 R~TENTION OF BENEFITS I The represented employees covered by this agreement shall retain all benefits provided h1erein for the full term of this agreement and for any such additional I 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. I 5.03 SAVINGS CLAUSE I I If any article or section of this r~emorandum of Understanding should be held invalid byl 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 sh'ould be restrained by such tribunal, the remainder of this I. . Memorandum of Understanding shall not be affected thereby. I In the eve'nt of the invalidation of any article or section, the City and As soc i at i on agree to meet with ins i xty (60) days after the exp irat i on of any administrafive or judicial appeal period/process for the purpose of meeting and conferrrng over said invalidated section or article. For the City: For the Association: ~~r----'- . . smusl, lef Negotiator City of Chu,l a Vi sta , , I 9-J.~ W. Vo'! ~ -r~ R. ~ ~~ ~e~ WPC 0343A -24- 1<,-//'1t/9