Loading...
HomeMy WebLinkAboutReso 1980-10179 . . RESOLUTION NO. 10179 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 1980-81 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 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 1980-81. Presented by Approved as to form by , n/"\ /1 / l.~'>-' ~ /.' .\-:; /' /' - ".--' v '.; ,,' ,---',-.- / ( ./ ./ /[/{/'"'T-/ ~-c!/ ...-~.. George D. Lindberg, City Attorney nager ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHlt.A VISTA, CALIFORNIA, this 10th , 9' 0 ,by the following vote, to-wit: day of. JULY AYES: COU1Cilmen NAYES; Councilmen ABSTAIN: Cou1cilmen ABSENT: Councimen Hyde, Cox, McCand1iss, Scott, Gi110w None None None UJ~ ---r(~ Mayor of the City of ChuIa Vista STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 10179 ,and that the same has not been amended or repealed. DATED ( sear> City Clerk CC-660 IOlle; , , POLICE OFFICERS ASSOCIATION CLASSIFICATION CURRENT r10NTHL Y $1350-1640 1602-1946 Peace Officer Police Sergeant Police Lieutenant 1809-2198 ~/~/?' ~10NTHL Y SALARY EFFECTIVE 7/11/80 $1489-1809 1765-2146 1995-2425 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 1980-81 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 TUITION 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 PROHIBITED PRACTICES TERM AND EFFECT OF MEMORANDUM SAVINGS CLAUSE ~-N11' 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 3500 et seq. and City's Employer-Employee Relations Policy. 1.02 RECOGNITION The City recognizes the Association as the certified repre- sentative 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 legis- lative 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 classi- fication of positions in accordance with the City Charter, Civil Service Rules, and 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. (DI1~ 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 repre- sentatives 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 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. 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 EMPLOYEE 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. !OI1~ 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 organiza- tions or to refrain from any of these activities, specifically including the rights of employees to wlthdraw, revoke or cancel Association membership. 2.01 WAGES I. Base Wages - Effective the first pay period commencing in July 1980 (July 11, 1980), the base wages of unit classifications shall be increased ten percent (10%). II. Effective the first pay period commencing in July 1980 (July 11, 1980) unit employees will no longer receive "longevity pay" of thirty dollars ($30) per month in addition to their normal base wages. III. 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. IV. Distribution of paychecks shall be done only on regular paydays with the following exceptions: (a) employees whose names appear on the "early list" maintained by the Finance Department may receive their checks on Thursday due to the uniqueness of their normal work schedule; and (b) in an emergency, 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. V. 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 who were employed on or before June 30, 1975, shall be entitled to the following educational bonus pay. Two and one half percent (2 1/2%) of base pay for an A.A./A.S. or five percent (5%) for a B.A./B.S. Degree. Those officers employed or reemployed on or after July 1, 1975 shall not be eligible to receive Education Incentive Pay. 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. 10111 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. 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: 269 per mile - first 200 miles 249 per mile - next 300 miles 229 per mile - over 500 miles 2.05 TUITION REIMBURSEMENT Effective July 1, 1979, the current tuition reimbursement benefits shall be terminated except for course work undertaken and approved prior to that date. 2.06 WORK WEEK The normal work week shall consist of eighty (80) hours during each fourteen (14) calendar days coinciding with the City pay period. 2.07 OVERTIME I. Definition - Whenever an employee is ordered, because of an emergency or in the interest of the efficiency of his/her department (with the exception of training time) to render overtime service beyond 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. lo(~ 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 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 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 allowed 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. 2.08 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. 2.09 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. 2.10 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 the following payments in addition to their regular pay: I. Unit employees currently qualified and receiving bilingual pay - Thirty five dollars ($35) per month. II. Other qualifying unit employees - Twenty five dollars ($25) per month. /o/~9 2.11 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 addi- tional compensation. III. Dog Handlers - Employees who are designated Dog Handlers will receive $35.00 per month additional compensation. 2.12 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 Insur- ance benefit coverage as currently provided under said plan. 2.13 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. 2.14 HOLIDAYS 1. "Hard Hol idays" - Dur ing the term of th is 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, 1980 September 1, 1980 November 27, 1980 December 25, 1980 January 1, 1981 May 25, 1981 /0)7; 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 1/2 times base pay). (C) If a hard holiday falls on an employee's regular work day and the employee elects (with supervisory approval) to take that holiday as an extra day off, he/she will then receive eight (8) hours 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 1/2 times base pay). III. Floating Holidays Effective the first pay period in July 1980, 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 (1/2) hour. 2.15 VACATION AND SICK LEAVE I. Definition - For the purpose of this section, the following definitions shall apply: (A) "Continuous service" means City service unin- terrupted by separation. !{J/7; ) 01 79 (B) "Intermi t tent service" means Ci ty service inter- rupted 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 one year anniversary date. (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 accumu- lated 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. (5) Maximum Accumulation - There shall be a two (2) year vacation accrual limitation. (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 subse- quent 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) (1), 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 /0/79 (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 dis- ability 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 LO}79 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, 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 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 de- pendent, 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 as follows: Payment of 20.83% for up to 120 days (maximum 25 days) of unused sick leave that was accumulated since 1/1/70, upon honorable separation. Sick leave accrued prior to January 1, 1970 will remain on the officer's sick leave balance and may be used as necessary. Unit employees covered by this paragraph (1) are not eligible for benefits under paragraph (2). 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 accumu- lated. (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. e. Payment will be made to an employee hired during the fiscal year provided he/she is on the payroll on June 30. Permanent employees covered by this paragraph (G) (2) who retire during the fiscal year, will be compensated under this plan based upon their formal retirement date. Prorated payment will be made to an employee who terminates during the fiscal year. However, 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. 2.16 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 /0)79 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 denial shall be sent to the Civil Service Commission. 2.17 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of applicable State and Federal laws (California Military and Veterans Code). 2.18 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. 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 )0179 III. IV. V. VI. VII. obligations of Paragraph I, the Director of Public Safety and/or Chief or Police or his/her designee shall immediately notify the Association that in his/her opinion a prohibited action is in progress. 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. 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 parti- cipants. Should the Association during the term of this Memo- randum of Understanding and until such time that it is expressly and legally rescinded, breach its obliga- tions, 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. 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. It is the intent of the parties that Paragraphs I through VI will expire June 1, 1981 but this shall not affect the legal rights and remedies that exist without regard to this agreement. 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 1980, up to the beginning of the first regular pay period in July 1981, and thereafter shall continue in effect year by year unless one of the parties notifies the other in writing no later than March 1, 1981 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. 10179 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. Por 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. 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 of this Memorandum of Understanding shall not be affected thereby. -, Lan:'p. coie, ~ity Manager City of Chula Vista --(nrv ~~~ Tom Basinski Chula Vista Police Officers Assn. 10]79