HomeMy WebLinkAboutReso 1981-10592
RESOLUTION NO.
10592
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THAT CERTAIN MEMORANDLM OF UNDER-
STANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BE'lWEEN THE CITY OF CHUIA
VISTA AND THE POLICE OFFICERS ASSOCIATION FOR FISCAL
YEAR 1981-82
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
Associatio~ 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 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.
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 1981-82.
Presented by
Approved as to form by
,~~
George D; Lindberg, City
Attorney
CHl.l.A VISTA, CALIFORNIA, this
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
4th
day of
AUQust
19~ 1 . by the following vote, to-wit:
AYES:
NAYES;
ABSTAIN:
ABSENT:
Councilmen
Sr.ott Hyrlp rnv Mrr~n~l;cf
Councilmen
Councilmen
Councilmen
None
None
Gillow
w~ ~(M
Mayor of the City of ChuIa Visto
ATTEST rt-M.-"'~'" ~ ~~ ~---4.::=.
'r City Ierk II'
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 55.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, C~, 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. 10592
,and that the IOme has not been amended or repealed.
DATED
City Clerk
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CC-660
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R-10592
8/4/81
m,ANIMOUS CONSENT FOilll
IT IS HEREBY REQUESTED by the undersigned that the following
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Sec.2.04.090 of the Chula Vista City Code.
Resolution - Approving MOU with the Police Officers
Association for FY 1981-82
Unanimous Consent of the City
signatur""s:
~~
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Council, as indi<:;ated by the fclliowing
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CA-301
MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND THE
CHULA VISTA POLICE OFFICERS ASSOCIATION FOR FISCAL YEAR 1981-82.
1.01
1. 02
1.03
1.04
1.04A
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
3.01
3.02
3.03
PREAMBLE
RECOGNITION
CITY RIGHTS
ASSOCIATION RIGHTS
EMPLOYEE RIGHTS
WAGES
EDUCATION INCENTIVE PAY
UNIFORM ALLOWANCE
MILEAGE REIMBURSEMENT
WORK WEEK
OVERTIME
CALLBACK
TRAINING TIME
BILINGUAL PAY
DIFFERENTIALS
HEALTH AND WELFARE
RETIREMENT
HOLIDAYS
VACATION AND SICK LEAVE
LEAVE OF ABSENCE
MILITARY LEAVE
JURY DUTY
RATE OF PAY FOLLOWING PROMOTION
PROHIBITED PRACTICES
TERM AND EFFECT OF MEMORANDl.M
SAVINGS CLAUSE
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1.01 PREAMBLE
The following constitutes a Memorandum of Understanding between
the City of Chula Vista ("City") and the Chula Vista Police
Officers 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 City's Employer-Employee Relations Policy.
1.02 RECOGNITION
The City recognizes the Association as the certified
representative for employees in the City who are employed in the
classifications of Peace Officer, 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.
Determine the methods, means, numbers, and kinds of
personnel, and the jOb or position content required to
accomplish the objectives and goals of the City.
Effect a reduction in authorized positions.
Take actions necessary to carry out the mission of the City
in emergencies and in other situations of unusual or
temporary circumstances.
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Continue to exercise efficient and productive management
practices consistent with Federal and State laws and in
compliance with the City Charter and City ordinances.
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 may be
allowed reasonable access to unit employees during
working hours for the purpose of consulting regarding
the employer-employee relationship, provided that the
work operation and service to the public are not
impaired and the authorized representatives shall have
given advance notice to, and been granted authorization
by, the Director of Public Safety and/or Police Chief or
his designated representative when contacting unit
employees during the duty period of the employees. The
Director of Public Safety and/or Police Chief or his
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
groups 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.
IV. The City shall continue to bill the Association $.05 per
member per pay period for the actual costs incurred for
dues deduction on behalf of POA.
1.04A 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.
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.
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2.01 WAGES
I. Base Wages - Effective the first pay period commencing
in July 1981 (July 10, 1981), the base wages of unit
classifications shall be increased six and one half
percent (6.5%).
II. All other payroll and wage changes, such as merit
increases, 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 department head to the
Finance Officer justifying the request.
IV. All classifications represented by POA 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.
2.02 EDUCATION INCENTIVE PAY
Unit employees who have reached Step E shall be entitled to the
following educational bonus pay.
Two and one half percent (2 ~%) of base pay for an A.A./A.S.
or five percent (5%) for a B.A./B.S. Degree.
(See Section 2.18 concerning Education Incentive following
promotion.)
2.03 UNIFORM ALLOWANCE
I. Initial Allowance - An initial allowance of three
hundred dollars ($300) will be provided to each new
employee for purchase of regulation police uniforms and
equipment which will be returned to the City if the
employee does not successfully complete the required
probationary period.
II. Annual Allowance - An annual allowance of two hundred
dollars ($200) will be provided for uniform and
equipment maintenance. Said annual allowance to be paid
on a fiscal year basis in July with no carryover from
year to year.
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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
24<,': per mile - next 500 miles
22<:: per mile - over 500 miles
2.05 WORK WEEK
The normal work week shall consist of eighty (80) hours during
each fourteen (14) calendar days coinciding with the City pay
period.
2.06 OVERTIME
I. Definition - Whenever an employee is ordered, because of
an emergency or in the interest of the efficiency of
hi/her department (with the exception of training time)
to render overtime service byond the normal work week
delineated for his/her classification, he/she shall be
granted compensation for such overtime at the rate of
one and one half times his/her regular base hourly rate.
Payment for overtime shall be made with the pay warrant
covering the pay period during which the overtime was
earned.
II. Administration of Overtime
(A) Employees who are held over their normal daily work
shift because of an emergency shall be paid at one and
one half times the basic rate of pay for all time in
excess of one half hour. Time worked over the scheduled
shift that is less than one half hour shall be paid at
the employee's regular hourly rate and may not be
accumulated day to day for overtime premium pay
purposes.
(B) Employees required to work over fifteen (15)
minutes beyond their regular daily shift for reasons not
included above shall be paid at least one (1) hour
minimum at one and one half times the basic rate of pay.
Time worked over the scheduled shift that is less than
fifteen (15) minutes shall be disregarded and may not be
accumula ted.
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III. Court Time - Employees on scheduled time off, who are
subpoenaed in the line of duty or required by the
Director of Public Safety and/or Chief of Police 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.
(Employees are allCMed one hour travel time for court
appearances outside the City of Chula Vista). Employees
shall be guaranteed a minimum of two hours for each
separate court appearance.
2 . 07 CALLBACK
Whenever an employee is called back to work after he/she has left
his/her work site, and is required to return to work before the
scheduled start of the next shift, he/she will receive a twenty
dollar ($20) bonus in addition to actual overtime worked.
2.08 TRAINING TIME
Employees who are required to attend training functions such as
classes, seminars, and related activites, will be compensated at
their regular hourly rate for any time beyond the normal work week
delineated for their position.
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 $40 per month in addition to their regular pay:
2.10 DIFFERENTIALS
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 $55.00 per month
additional compensation.
III. Dog Handlers - Employees who are designated Dog Handlers
will receive $35.00 per month additional compensation.
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2.11 HEALTH AND WELFARE
I. Hospital/Medical Care Benefits - The City agrees to
assume the cost of premium increases and to continue to
pay the full premium costs for hospital/medical care
benefits for employees and qualified dependents under
the Travelers "A" Plan, or to contribute an equal dollar
amount to the current Kaiser Plan.
II. Life Insurance - The City agrees to contribute the
amount necessary to provide each employee with $3,000
group term life insurance.
III. Long-Term Disability Insurance - The City will pay the
cost of the existing PORAC Long-Term Disability
Insurance benefit coverage as currently provided under
said plan.
2.12 RETIREMENT
The City shall continue to provide the 1/2 at 55 retirement for
public safety employees as provided for under the State of
California Public Employees Retirement System.
Effective January 1, 1982, all safety members in the Police
Department will be provided Post Retirement Survivors Continuance
as an amendment to the City's retirement contract with PERS.
2.13 HOLIDAYS
I. "Hard Holidays" - During the term of this agreement, the
following are the recognized holidays and the dates City
offices will be closed:
Independence Day
Labor Day
Thanksgiving
Christmas
New Year's Day
Memorial Day
July 4, 1981
September 7, 1981
November 26, 1981
December 25, 1981
January 1, 1982
May 31, 1982
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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.
(B) When a hard holiday falls on an employee's regular
work day and he/she works that holiday, he/she will be
paid for an extra twelve (12) hours in addition to the
actual time worked (2~ times base pay).
(c) If a hard holiday falls on an employee's regular
day off and the employee elects (with supervisory
approval) to take that holiday as an extra day off,
he/she will then receive eight (8) hours of pay at the
regular hourly rate.
(D) If a hard holiday falls on an employee's regular
day off and he/she is required to work, he/she will be
paid eight (8) hours at the regular hourly rate and
actual time worked at time and one half (2~ times base
pay) .
III. Floating Holidays
Effective the first pay period in July 1981, employees
shall be credited with forty (40) hours floating holiday
time, 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 and/or Chief of Police.
(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 (~)
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.
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(B) "Intennittent service" means City service interrupted
by separation.
(C) "Time worked" includes actual time worked, holidays
with pay, and leave of absence without pay (not to exceed
one year) for which Workers Compensation is paid. It shall
also include Saturdays, Sundays, or other regular days off
which are immediately preceded or immediately followed by
other time worked.
(D) "Active service" includes time worked, leave of absence
without pay not to exceed fourteen (14) calendar days and
leave of absence not to exceed one (1) year for which
Workers Compensation is paid.
II. Vacation
(A) Vacation Accrual - Continuous service: Each
employee paid at a biweekly rate who has had continuous
full-time active service throughout the year previous to
that in which the vacation is requested shall be
entitled to an annual vacation with pay. The following
provisions shall apply:
(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 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 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 (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.
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(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.
(C) Payment Upon Separation - At the time an employee who
has served continuously for at least twelve months 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) Intermittent Service - After twelve months subsequent
to the date of first employment by the City, each employee
who has served intermittently shall be entitled in each year
to vacation computed in the manner set forth in Section
(A)(l), provided that such employee shall have worked at
least 180 days in the preceding year before he/she shall
become eligible for such vacation. To receive vacation for
intermittent service, the employee must work for the City
during the year in which vacation is due, and while so
working must submit the proper request for vacation to the
department(s) in which it was earned. Accumulative vacation
privileges shall not be allowed for intermittent service.
(E) 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
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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, in its
discretion, require a doctor's certificate and/or a personal
sworn affidavit verifying the nature, severity and cause of
the disabling injury or illness, 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 direction of the Director of Public
Safety and/or Chief of Police at or about 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 and/or Chief of
Police, such employee may be allowed the privilege to be
absent from work with full pay up to three (3) days, plus
reasonable travel time. Travel time will be actual time
used not to exceed five (5) calendar days. Paid leave of
absence for family death shall be charged to sick leave.
(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).
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Sick Leave Reimbursement - (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 Yearly Sick Leave Pay Option (25%)
12 days 3 days
11 days 2 days, 6 hrs.
10 days 2 days, 4 hrs.
9 days 2 days, 2 hrs.
8 days 2 days
7 days or less 0
c. If the pay option is selected, the paid sick leave hours
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 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 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.
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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 payor 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 the reinstatement
list for the class as provided for in the Civil Service Rules. If
a request for leave is denied, a copy of such request and the
reasons for such denial shall be sent to the Civil Service
Commission.
2.16 MILITARY LEAVE
Military leave shall be granted in accordance with the provisions
of applicable State and Federal laws (California Military and
Veterans Code).
2.17 JURY DUTY
Jury service or examination leave may be allowed for all full-time
probationary or permanent status employees who are required by
Court Order to attend court as a prospective juror or serve as a
juror, upon immediate presentation of written proof of the exact
period of hiS/her required attendance or service to the Director
of Public Safety and/or Chief of Police 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.
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2.18 RATE OF PAY FOLLCMING 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 include base pay and the
differential for Agent. It will also include Motorcycle or Dog
Handler pay if these differentials will be lost as a result of the
promotion. It will not include Education Incentive or Bilingual
Pay.
Following promotion an employee who previously received Education
Incentive will remain eligible to receive it without regard to the
E Step requirement in Section 2.02. Employees previously
receiving Bilingual Pay will continue to receive it if the new
position would require 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 and/or Chief of
Police.
3.01 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 and/or Chief of Police or hiS/her designee shall
immediately notify the Association that in hiS/her
opinion a prohibited action is in progress.
III. The Association shall promptly disavow prohibited
actions and shall order such members either orally or in
writing to immediately cease the prohibited activity,
and provide the Director of Public Safety and/or Chief
of Police 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.
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V. Should the Association during the tenn of this
Memorandum of Understanding and until such time that it
is expressly and legally rescinded, breach its
obligations, or any of them under this section, it is
agreed that the City may pursue all legal and
administrative remedies available to the City that it in
its discretion may elect to pursue, provided such is
presently provided for by law.
VI. The agreements contained in Paragraphs I and V are in
addition to and do not constitute a waiver of rights
currently existing under the law.
3.02 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 1981, up to the
beginning of the first regular pay period in July 1982,
and thereafter shall continue in effect year by year
unless one of the parties notifies the other in writing
no later than March 1, 1982 of its request(s) to modify
or terminate it.
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
consultations or meet and confer sessions by mutual
agreement. For example, matters SUbject to
Meyers-Milias-Brown which are not covered in the MOU,
may be acted upon by the City without mutual consent
after meeting and conferring with affected employee
groups. 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.
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3.03 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 or this Memorandum of Understanding
shall not be affected thereby.
~~~~
E. R. Asmus, Chief Negotiator
City of Chula Vista
~~~
Tom Basinski
Chula Vista Police Officers
Association
f( _/C59c2-
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