Memorandum of Understanding between the City and
the
Hermosa Beach Police Officers’ Association
Recommendation:
It is recommended that the City Council adopt
the attached resolution approving the Memorandum of Understanding
between the City and the Hermosa Beach Police Officers’
Association.
Background:
The City Council directed staff to meet and
confer with representatives of this employee group to discuss
wages, hours, and working conditions contained in the Memorandum
of Understanding that expired on June 30, 2000. On June 29, 2000,
the parties reached a tentative agreement on the terms described
below. The members of the employee group met and have approved
the tentative agreement.
The negotiated major changes include:
- Term of the agreement is to be July 1, 2000 through June
30, 2003.
- Salary increases of:
- Amendment to the City’s Contract with the Public
Employees Retirement System to implement the retirement formula
known as "3% @ 50".
- Minor changes in the areas of sick leave cash out,
contributions towards retiree medical insurance supplements,
and physical fitness time.
The fiscal impact for this group is $152,438
for the 2000-2001 fiscal year. Funding for this has been included
in Prospective Expenditures account of the 2000-2001 Budget.
RESOLUTION NO. 00-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HERMOSA BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF
UNDERSTANDING WITH THE HERMOSA BEACH POLICE OFFICERS AND
SERGEANTS BARGAINING UNIT.
WHEREAS,
employees of the City of Hermosa
Beach, California represented by the Hermosa Beach Police
Officers and Sergeants Bargaining Unit, have elected to meet and
confer with the City of Hermosa Beach on matters concerning
wages, hours, and working conditions; and,
WHEREAS,
the above personnel have selected certain individuals to
represent them; and
WHEREAS,
Employee and Management representatives have jointly negotiated
a Memorandum of Understanding which has been ratified by a
majority vote of the members of the Hermosa Beach Police Officer
and Sergeants Bargaining Unit; and
WHEREAS,
the Employee and Management representatives have mutually agreed
to recommend that the City Council adopt this Memorandum of
Understanding.
NOW, THEREFORE,
the City Council of the City of Hermosa Beach resolves to enter
into a Memorandum of Understanding to be effective for the period
of July 1, 2000 through and including June 30, 2003, and
authorizes the City Manager to sign the Memorandum of
Understanding on behalf of the City.
BE IT FURTHER RESOLVED,
that the City Clerk shall certify to the passage and adoption of
this resolution; shall cause the same to be entered among the
original resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council of said City in the minutes of the meeting at
which time same is passed and adopted.
PASSED, APPROVED AND ADOPTED THIS ______ DAY OF JULY
2000,
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF HERMOSA BEACH AND
THE
POLICE OFFICERS AND POLICE
SERGEANTS
BARGAINING GROUP
JULY 1, 2000 - JUNE 30, 2003
MEMORANDUM OF UNDERSTANDING
FOR THE HERMOSA BEACH
POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP
ARTICLE 1 –
PARTIES TO THE MEMORANDUM
This Memorandum of Understanding,
hereinafter referred to as the "MOU" or the "Agreement," has
been entered into, pursuant to the laws of the State of
California and the City of Hermosa Beach, California, by and
between the CITY OF HERMOSA BEACH, hereinafter referred to as
the "City" or as "Management," and the HERMOSA BEACH POLICE
OFFICERS ASSOCIATION, hereinafter referred to as the
"Association."
ARTICLE 2 –
RECOGNITION
Pursuant to the provisions of the
Meyers-Milias-Brown Act, (Government Code 3500, et seq.), the
City agrees to, and does, recognize the Hermosa Beach Police
Officers Association as the exclusive representative of the
full-time positions in the classifications of POLICE OFFICER AND
POLICE SERGEANT of the City of Hermosa Beach.
ARTICLE 3 –
SCOPE & IMPLEMENTATION OF THE MEMORANDUM OF
UNDERSTANDING
A. This Memorandum of Understanding (MOU)
constitutes the joint recommendation of Management and the
Association. It shall not be binding in whole or in part upon
the parties unless and until the following conditions have been
complied with:
1. The Association shall notify the City
Council in writing that it has formally approved the Memorandum
of Understanding in its entirety.
2. The City Council shall approve this
Memorandum of Understanding.
3. This MOU has been reached following
good-faith negotiations, by the authorized Management
representative of the City Council and the authorized
representative for the Hermosa Beach Police Officers
Association.
ARTICLE 4 –
MONTHLY MEETINGS
A. In the interest of fostering and
continuing a spirit and atmosphere of harmonious
employer-employee relationships, it is agreed that the
Association Board of Directors shall meet once a month at a
designated time and place with administrative officers of the
Department. There shall be no less than two (2) Board members
present for each such meeting.
B. It is further agreed that the Association
and the City Manager shall meet when requested by the
Association to best effect implementation of this document.
ARTICLE 5 –
JOB ACTION
A. The Association and its members agree
that during the term of this MOU there shall be no strike.
B. In the event of an unauthorized strike,
the City agrees that there will be no liability on the part of
the Association provided the Association promptly and publicly
disavows such unauthorized action; orders the employees to
return to work and attempts to bring about a prompt resumption
of normal operations; and provided further, that the
Association notifies the City in writing, within 48 hours after
the commencement of such strike, what measures it has taken to
comply with the provisions of this strike.
C. In the event such strike by the
Association has not affected resumption of normal work
practices, the City shall have the right to take appropriate
disciplinary action.
ARTICLE 6 –
NON-DISCRIMINATION
Both parties to this Agreement agree not to
discriminate against any employee or applicant because of age,
gender, race, national origin, religion, color, ancestry, marital
status, sexual orientation, physical or mental disability,
medical condition, and/or Association membership or activity.
Additionally, the City expects and requires all employees to
treat one another with dignity and respect. Harassment of fellow
employees is a violation of law. No employment decision may be
made based upon an employee’s submission to or rejection of
such conduct. It is the responsibility of any employee, who
believes that they are the victim of such harassment, whether
sexual, racial, ethnic or religious, to report the conduct to
their Division Commander, Chief of Police, Personnel Director or
the City Manager in a timely manner.
ARTICLE 7 –
MANAGEMENT RIGHTS
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules
or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right
to hire, promote, demote, transfer, suspend, discipline or
discharge any employee.
6. Determine the location of any new
facilities, buildings, departments, divisions, or subdivisions
thereof, and the relocation, sale, leasing or closing of
facilities, departments, divisions, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and
materials to be used herein.
9. Determine processes, techniques, methods and means of
performing work.
10. Determine the size, character and use of inventories.
11. Determine the financial policy including accounting
procedures.
12. Determine the administrative organization of the
system.
13. Determine selection, promotion, or transfer of
employees.
14. Determine the size and characteristics of the work
force.
15. Determine the allocation and assignment of work to
employees.
16. Determine policy affecting the selection of new
employees.
17. Determine the establishment of quality and
quantity standards and the judgment of quality and quantity of
work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and
equipment.
20. Schedule work periods and determine the number and
duration of work periods.
21. Establish, modify, eliminate or enforce rules and
regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel
necessary.
24. Determine the methods and means by which such operations
are to be conducted.
25. Require employees, where necessary, to
take in-service training courses during working hours.
26. Determine duties to be included in any job
classifications.
27. Determine the necessity of overtime and the amount of
overtime required.
28. Take any necessary action to carry out the
mission of the City in cases of an emergency.
A. The exercise of the foregoing powers,
rights authority, duties and responsibilities by the City, the
adoption of policies, rules, regulations and practices in
furtherance thereof, and the use of judgment and the discretion
in connection therewith, shall be limited only by the specific
and express terms of this Memorandum of Understanding, City
Personnel Ordinance and Personnel Rules and Regulations, the
Public Safety Officers Procedural Bill of Rights, and other
statutory law.
B. Except in emergencies, or where the City
is required to make changes in its operations because of the
requirements of law, whenever the exercise of management's
rights shall impact on employees of the bargaining unit, the
City agrees to meet and confer with representatives of the
Association, upon request by the Association, regarding the
impact of the exercise of such rights unless the matter of the
exercise of such rights is provided for in this Memorandum of
Understanding.
ARTICLE 8 –
PROVISIONS OF LAW – INSEPARABILITY
It is mutually understood that this MOU is,
and shall be, subject to all current and future applicable state,
federal and local laws. If any article, part, provision or
segment of this MOU is, or shall be, in conflict with or
inconsistent with such applicable provisions of federal, state or
local law, or is otherwise held to be invalid, or unenforceable
by any court of competent jurisdiction by final decree, such
article, part or provision thereof shall be superseded by such
applicable law and the remainder of this MOU shall in no way be
affected thereby.
ARTICLE 9 –
FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is intended that this Agreement sets
forth the full and entire understanding of the parties
regarding the matters set forth herein, and any other prior or
existing understanding or agreements by the parties whether
formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
B. Except as specifically provided herein,
it is agreed and understood that each party hereto voluntarily
and unqualifiedly waives its right, and agrees that the other
shall not be required to negotiate with respect to any subject
or matter covered herein during the term of this agreement.
C. Any agreement, alteration, understanding,
variation, waiver, or modification of any of the terms or
provisions contained herein shall not be binding upon the
parties hereto unless made and executed in writing by all
parties hereto, and if required, approved and implemented by
the City Council.
D. The waiver of any breach, term or
condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its
terms and provisions.
ARTICLE 10 –
GRIEVANCE PROCEDURE
The Grievance Procedure is attached as Exhibit
A and incorporated herein by reference.
ARTICLE 11 –
WORK SCHEDULE
A. The City agrees to the utilization of the
3/36 plan for all officers and sergeants assigned to patrol,
motors and K-9. There will be
no
payback days during the months of approximately December through
May. There will be payback days during the months of
approximately June through November.
B. The Sergeants and Officers assigned to
investigations and administrative positions will work a 4/36
schedule (four nine-hour days/week) during the months of December
through May and a 4/40 schedule (four ten-hour days/week) during
the months of June through November.
C. The exact change over dates from payback to
no payback for patrol, motors and K-9 will be determined by the
Patrol Commander based upon the current twenty-one (21) day
cycle.
D. In the event of an emergency situation, the
City may cancel, alter or amend the work schedule as necessary,
immediately.
E. It is mutually agreed that for the
reduction in hours expressed in "A" and "B" above, the City, for
market salary comparison purposes only, shall increase base
salary 5% as a credit.
ARTICLE 12 –
COMPENSATION - METHODS OF COMPENSATION
A. Methods of Compensation:
1. Compensation shall be determined on an hourly
basis.
2. Payments due shall be paid on a
bimonthly basis unless otherwise mutually agreed. By mutual
consent early payments and other modifications can be
made.
3. Base hourly salary shall be considered
the rate of pay for a particular classification without
consideration of any other form of compensation.
B. Salary Advancements within Base Pay Range:
1. Step Advancement:
a. All salary advances shall be based on
merit and fitness. All increases shall be recommended by
the Department Head and approved by the Personnel
Director/City Manager. Merit increases shall be effective
at the beginning of the next pay period (1st or 16th of the
month).
b. Upon the successful and satisfactory
completion of twelve (12) months service (exclusive of
police recruit status), employees shall be advanced one
step within their range and yearly thereafter until the
maximum within the range achieved.
2. Promotion
a. An employee who is promoted to a
position in a class with a higher salary rate shall be
entitled to the lowest step in the higher range which
exceeds the present rate of pay with the intent of
increasing the base salary rate by at least 5%.
C. Compensatory Time:
1. Employees may accrue up to 175 hours of
compensatory time and may cash out all or part of such
accrued time at any time, subject to the budgetary
constraints of the department.
ARTICLE 13 –
BASE SALARY
A. Effective January 1, 2001 the base salary
range shall be increased 2% Police Officer and Police
Sergeant.
1 2 3 4
POLICE OFFICER 3891 4086 4290 4504
POLICE SERGEANT 4679 4913 5159 5418
B. Effective July 1, 2002 the base salary
range shall be increased 5% for Police Officer and Police
Sergeant.
ARTICLE 14 –
OVERTIME PRACTICES
A.
7K Exemption
The City of Hermosa Beach has exercised its
ability to take a statutory 7K exemption for sworn police
personnel. The work period for such employees shall be 28 days in
length commencing on Sunday, May 22, 1988, at 12:01 A.M.
B.
F.L.S.A. Overtime
All employees required to perform in excess of
the standard work shift, or at times other than their regularly
scheduled work shift, shall receive compensation at the rate of
time and one-half their regular rate of pay. The regular rate of
pay shall include the following components in addition to base
salary.
1. Educational incentive
2. Assignment Pay
3. Longevity Pay
C.
Paid Leave Exclusions
In determining an employee's eligibility for
overtime compensation in a workday, paid leaves of absence and
unpaid leaves of absence shall be excluded from the total hours
worked. For this purpose, paid leaves of absences include, but
are not limited to the following:
1. Vacation
2. Holiday Leave
3. Sick Leave
4. Compensatory Leave
5. 4850 Time
6. Jury Duty
7. Military Leave
D.
Compensatory Time
1. In lieu of receiving cash payment for
overtime hours, an employee may elect the option of taking
compensatory time off.
2. Compensatory time shall be earned at
the time and one-half rate for each hour worked. An employee
may accrue up to a maximum of 175 hours (after conversion at
time and one-half) compensatory time.
E.
Overtime Authorization
1. All overtime requests must have prior
written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written
authorization is not feasible, explicit verbal authorization
must be obtained. Where verbal authorization is obtained,
written authorization must be obtained as soon thereafter as
practicable. Dispatched calls beyond the end of duty time are
considered as authorized. An employee's failure to obtain
prior written approval, or explicit verbal authorization
followed by written authorization, will result in the denial
of the overtime request.
F.
Shift Trades
1. The practice of shift trading shall be
voluntary on behalf of each employee involved in the trade.
The trade must be due to the employee’s desire or need
to attend to a personal matter and not due to the
department's operations. The employee providing the trade
shall not have his/her compensable hours increased as a
result of the trade; nor shall the employee receiving the
trade have their compensable hours decreased as a result of
the trade. Any premium pay or other extra compensation shall
continue to accrue only to the person originally entitled to
the premium pay or extra compensation. Any hours worked
beyond the normal workday will be credited to the individual
actually doing work. "Paybacks" of shift trade are the
obligation of the two employees involved in the trade.
Paybacks are to be completed within one (1) calendar year of
the date of the initial shift trade. Any dispute as to the
paybacks is to be resolved by the involved employees, and
under no circumstances will the department be obligated for
any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner
for hours owed to employees by other employees that leave the
employment of the City or are assigned other duties. A record
of all initial shift trades and "paybacks" shall be
maintained by the involved employees on forms provided by the
department ("shift trade log.")
2. If one individual fails to appear for
the other (regardless of the reason), the person who was
scheduled as a result of the shift trade will be listed as
absent without leave and may be subject to disciplinary
action.
G.
Early Relief Policy
1. The practice of early shift release
shall be voluntary on behalf of each employee involved in the
relief. The employee providing the early relief shall not
have his/her compensable hours increased as a result of the
early relief, nor shall the employee relieved early have
their compensable hours decreased as a result of the early
relief. "Paybacks" of early relief hours are the sole
obligation of the two employees involved in the early relief.
Any dispute is to be resolved by the involved employees, and
under no circumstances will the department be obligated for
any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner
for hours owed to employees by other employees that leave the
employment of the City or are assigned other duties.
H.
Training Time
1. Attendance at training
school/facilities (including the academy) which improves the
performance of regular tasks and/ or prepares for job
advancement are not compensable for hours in excess of the
employee's normal work shift. Any time spent in excess of the
normal work shift will not be counted as working time and is
not compensable in any manner whatsoever. Time spent in
studying and other personal pursuits is not compensable hours
of work.
I.
City Vehicle Use
1. Except as otherwise herein provided,
employees who are provided with a City vehicle to travel to
and from work shall not be compensated in any manner
whatsoever for travel time to and from work. This provision
also applies in those situations where the radio must be left
on and monitored.
J
.
City Motorcycle Use
1. Employees assigned to motor duty may,
with the approval of the Police Chief, use the city assigned
motorcycle to travel to and from work. Such travel time will
not be compensated in any manner whatsoever (even when the
employee is required to leave the radio on and monitor the
radio.) Any work the employee performs on the motorcycle
while away from the police facility will not be considered
hours worked and will not be compensated in any manner
whatsoever.
K.
Clothes Changing
1. Employees are not authorized to wear
their uniforms or any part thereof that is distinguishable as
such unless on duty. Each employee is provided with a locker
for their personal convenience. Any employee may or may not
utilize the locker for storage and changing purposes at their
own discretion. Nothing herein prevents an employee from
wearing their uniform to and/or from their residence to work
as long as the badge and insignia are covered in a non-police
issued garment such as a windbreaker. Employees choosing to
wear their uniforms covered to and/or from work should not
wear their "Sam Browne" belt. Time spent in changing clothes
before or after shift, is not considered hours worked and is
not compensable in any manner whatsoever.
L.
Call Backs
1. Call Back duty occurs when an employee
is ordered to return to duty on a non-regularly scheduled
work shift. Call back does not occur when an employee is held
over from their prior shift or is working prior to their
regularly scheduled shift. An employee called back to duty
shall be credited with a minimum of two hours work commencing
when the employee reports to work. Any hours worked in excess
of two hours shall be credited on an hour-for-hour basis for
actual time worked. This provision is to be distinguished
from Court pay which is to be used when an employee is called
back to court.
M.
Court Time
1. When an officer is physically called to
court, they shall be credited on an hour-for-hour basis for
the time actually spent in court. They shall receive a
minimum two (2) hours paid at time and a half for a morning
appearance with a minimum two (2) hours paid at time and a
half for an afternoon appearance. Travel time shall be
included for any subpoenaed appearance other than to the
Torrance Courthouse.
2. An officer who is subpoenaed to testify telephonically
shall receive a minimum three (3) hours for a morning time
and three (3) hours for an afternoon time.
N.
Standby Court Time
1. An employee who while off duty is on
court standby status may leave a telephone number where they
may be reached while on court standby. Such time is not
considered hours worked under the Fair Labor Standards Act.
The employee will receive straight time pay, up to a maximum
of 8.5 hours per day, for standby during the pendency of the
case.
ARTICLE 15 –
INSURANCE COVERAGE
A.
LIFE
1. City shall provide a life insurance
policy for each employee, payable in the amount of $60,000
upon such employee's death.
B.
MENTAL HEALTH
1. City shall make such a plan available
to City employees; the full cost to be paid by the
employee.
C.
VISION
1. City shall make such a plan available to
City employees; the full cost to be paid by the employee.
D.
MEDICAL
1. City shall provide for Association
members a medical insurance plan to include a choice of an
indemnity plan with $300.00 deductible or an HMO plan; both
plans to include maternity care and prescription benefits.
The current medical plan or its equivalent, to remain in
force during the term of this MOU. City shall meet and
consult should there be a change in providers or plan
structure. The City is exploring the ability to offer health
insurance through P.E.R.S.
2. The HMO plan shall have no greater than
a $10.00 office visit and prescription co-pay during the term
of this Agreement.
3. City to pay employee costs and current
dependent rate with any future increased dependent costs to
be borne 80% City and 20% employee.
E.
DENTAL
1. City shall provide for Association
members a dental insurance plan to include a choice of an
indemnity plan or a pre-paid plan.
2. City to pay employee cost and current
dependent rate with any future increased dependent costs to
be borne 80% City and 20% employee.
ARTICLE 16 –
DEFERRED COMPENSATION
City agrees to make available to all employees
in the Unit the citywide Deferred Compensation Plan. All
participants being then eligible to vote on decisions of the
Deferred Compensation Committee. Members of the Association may
participate in any of the Deferred Compensation plans provided
for City employees.
ARTICLE 17 –
RETIREMENT
A. The City shall maintain the 2% @ 50/PERS
contract with "ONE YEAR FINAL COMPENSATION" in effect at the
time of this contract.
B. The City will pay the FULL employee's 9%
contribution to the P.E.R.S. retirement system credited to the
employee's portion.
C. The City shall report to P.E.R.S. the
value of the 9% employer paid member contribution (EPMC)
pursuant to the authority of Government Code section
20023(c)(4).
D. Effective January 1, 1998 any employee
covered by this agreement will be eligible, upon retirement
from this City, for a medical supplement. Said supplement shall
be in the following amount:
1. For retirement at age fifty (50) with a
minimum of twenty (20) years
total full-time service
continuous service
with the City, a
$100
$200
(or cost of policy whichever is less) per month medical
insurance supplement.
2. For a retirement at age fifty-five (55)
with a minimum of fifteen (15) years
total full-time service
continuous service
with the City, a
$100
$200
(or cost of policy whichever is less) per month medical
insurance supplement.
3. Said supplement shall commence with the
first month following the employee’s retirement in
which the employee is responsible for payment of the
insurance premium.
4. In order to be eligible for medical
supplement payments, an employee must either remain on a
medical insurance plan offered by the City or provide proof
of coverage on a self-procured medical insurance plan.
5. Any payments made by the City shall be
made directly to a medical insurance provider. In no case
will payments be made directly to an individual.
6. Any employee receiving a benefit under
this article agrees to apply for, and enroll in, any Federal
and/or State medical insurance plan (e.g. Medicare, Medicaid,
etc.) for which they may become eligible.
E. The City shall amend its contract with
the Public Employees’ Retirement System to provide the
retirement formula known as 3% @ 50 effective January 1,
2001
ARTICLE 18 –
LEAVE OF ABSENCE
A. Management agrees to allow all employees
covered by this MOU to take a leave of absence without pay, not
to exceed 60 days, in conjunction with, or in addition to,
their regular vacation time. This leave will only be allowed
every other year. Timing and duration of leave subject to
approval of and subject to the needs of the department. Any
request for such leave must be delivered to the Chief a minimum
of 30 days in advance. This provision shall not reduce any
leave entitlement an employee may have under the Military and
Veterans Code.
ARTICLE 19 –
VACATION
A. Effective October 1, 1994 the Vacation
accrual rates for all employees covered by this agreement shall
be as follows:
1. Upon hire, at the rate of 96 hours/year.
2. Commencing with the 7th year, at the rate of 112
hours/year.
3. Commencing with the 8th year, at the rate of 136
hours/year.
4. Commencing with the 15th year, at the rate of 160
hours/year.
5. Commencing with the 16th year, at the rate of 168
hours/year.
6. Commencing with the 17th year, at the rate of 176
hours/year.
B. An employee covered by this Agreement may
accrue vacation time to a maximum of 270 hours. Cash out of any
earned but unused vacation accrual in excess of 270 hours (as
of September 30th each year) shall be automatically cashed out
as part of the October 20th payroll. Those employees who as of
March 1, 1995 have an accrual balance in excess of 270 hours
shall have that amount as their accrual maximum. Lower accruals
will become their new maximum until such time as their bank
reaches 270 hours.
C. During the term of this Agreement Police
Management shall formulate a paid time-off policy.
ARTICLE 20 –
HOLIDAYS
A. Employees assigned to patrol activities shall receive
9.33 hours per month of "Holiday Comp" for each month so
assigned (includes Motors and Community Lead assignments).
B. Each officer assigned to a detective
position, including background/training detective,
administrative position or specialty assignment shall receive
the following holidays off with pay: New Years’ Day;
Martin Luther King Jr’s Birthday; Presidents Day;
Memorial Day; Independence Day; Labor Day; Veteran’s Day;
Thanksgiving Day; and Christmas Day. The week of Thanksgiving,
each officer assigned to a detective position, including
background/training detective, administrative position or
specialty assignment will work thirty (30) hours.
C. An employee covered by this Agreement may
accrue Holiday Comp time to a maximum of 112 hours. Cash out of
any earned but unused Holiday Comp accrual in excess of 112
hours (as of September 30th of each year) shall be
automatically cashed out as part of the October 20th
payroll.
ARTICLE 21 –
SICK LEAVE
A. Effective October 1, 1994, sick leave
accrual shall be as follows:
1. Those employees having less than 176
accrued hours of sick leave shall accrue sick leave at the
rate of 6 hours per month until their accrual accumulates to
176 hours at which time their accrual shall be 8 hours per
month.
B. A once a year cash-in can be up to 100%
of the unused sick leave as long as at least 176 accrued hours
remains on hand. An employee may accrue a maximum of three
hundred and fifty hours (350); thereafter any excess shall be
cashed out. Employees who have more than 350 hours of sick time
on the books as of March 1, 1991 shall be frozen at that
accumulation; any earned sick time in excess of that amount
shall be cashed out.
C. In the case of serious illness of a
member of the immediate family, the employee may utilize sick
leave. Immediate family for the purpose of this section shall
be defined as: father; mother; father-in-law; mother-in-law;
brother; sister; spouse; or legal dependent. Employees may
predesignate and substitute other members for those members
defined as "immediate family." The intent of this provision is
not to expand the number of persons included in the definition
of "immediate family" or to increase paid leave opportunities,
but, rather to recognize variation in family structure (e.g.
stepmother for mother).
D. Effective March 1, 1995 upon termination
from City employment, sick leave will be paid at the current
hourly pay rate, on the following conditions:
1. 25% pay 5 through 9 years of
continuous service
total sworn service
.
2. 50% pay 10 through 19 years of
continuous service
total sworn service
.
3.
75%
100%
pay 20 + years of
continuous service
total sworn service
.
ARTICLE 22 –
BEREAVEMENT LEAVE
Each employee shall receive a maximum of three
shifts per calendar year to be utilized for bereavement leave
because of a death in their immediate family. Immediate family
shall be defined as in Article 21 C - SICK LEAVE. Said time will
not be cumulative from one twelve month period to another nor
will pay in lieu of unused leave for bereavement be provided. The
Chief may grant one (1) additional shift in the event of a death
which requires extended travel.
ARTICLE 23 –
LONGEVITY PAY
Effective March 1, 1993, upon commencement of
21 years service as a sworn police officer in Hermosa Beach,
employee will receive an additional 5% base salary.
ARTICLE 24 –
EDUCATIONAL INCENTIVE COMPENSATION & MAINTENANCE OF
BENEFITS
A. In recognition of formal professional
training, obtained from either an accredited educational
institution or through P.O.S.T. sanctioned training, or a
combination of both, City agrees to a concept of pay as an
adjunct to base monthly salary for achieving various levels of
professional proficiency certification as follows:
1. For employees hired before May 2, 1984:
a. Payable at the rate of 5% above base
salary for an Intermediate P.O.S.T. Certificate or A.A.
Degree;
b. Payable at the rate of 10% above base
salary for an Advanced P.O.S.T. Certificate or a B.A. or
B.S. degree;
c. Payable at the rate of 5% above base
salary for employees who were employed after July 1, 1976
upon commencement of 5 years as a sworn peace officer in
Hermosa Beach and who obtain an A.A. degree or P.O.S.T.
Intermediate Certificate;
d. Payable at the rate of 10% above base
salary for employees who were employed after July 1, 1976
and commencement of 14 years as a sworn peace officer in
Hermosa Beach and who obtain a B.A. or B.S. degree or
P.O.S.T. Advanced Certificate.
2. For employees hired after May 2, 1984:
a. Payable at the rate of $150/month for
an A.A. degree or Intermediate P.O.S.T. Certificate;
$300/month for a B.A. or B.S. degree or Advanced P.O.S.T.
Certificate, until commencement of their 5th year of
service with the City, then revert to schedule 1 above.
b. Until commencement of the employees
5th year, such compensation shall not exceed
$300/month.
B. Employees receiving such compensation are
obligated to maintain the educational level required for
P.O.S.T. Certification, at the City’s expense and at the
direction of the Police Department.
ARTICLE 25 –
UNIFORM ALLOWANCE
A. Said allowance for Officers and Sergeants
to be $700/year, payable through the regular payroll
schedule.
B. An absence due to sick leave, or leave of
absence without pay, exceeding sixty days (60), days shall
result in a pro-rata reduction in uniform allowance for the
time of the absence.
ARTICLE 26 –
AMMUNITION REPLACEMENT
A. In addition to the quarterly
qualification ammunition, each officer will be allowed to
utilize fifty (50) rounds of ammunition for their primary duty
weapon, at City expense, each month at the firing range used by
the Department. The City will also pay for the expense of using
the range. The ammunition will be used to practice on an
approved course of fire so that officers will become more
proficient with their service weapons.
B. The City will not compensate officers for
the time spent to utilize this ammunition. Officers must use
the allotted ammunition each month, it does not accumulate.
ARTICLE 27 –
ASSIGNMENT PAY
A. The City shall pay 9% of base salary per
month to each officer assigned to a detective position,
including background/training detective, administrative
position or specialty assignment That compensation shall be for
the additional time detectives are "on-call." This sum shall be
included in total compensation calculations for retirement
purposes.
B. The City agrees to pay the personnel
assigned as Community Lead Officer 7% of base salary per month
as special duty pay. That sum shall be included in total
compensation calculations for retirement purposes.
C. The City agrees to pay to each officer
assigned to field training or acting watch commander duties the
sum of three dollars and thirty seven cents ($3.37) per hour as
special duty pay. That sum shall be included in total
compensation calculations for retirement purposes.
D. The City agrees to pay each officer
assigned to Motorcycle Duty 7% of base salary per month. This
sum shall be payable when on duty, during hazardous duty
disability leaves, and during absences from work of less than
one month. This sum shall be included in total compensation
calculations for retirement purposes.
E. It is the intent of these provisions that
such assignments will be for career development, and generally
will be limited to an assignment of thirty-six (36) months. The
right to assign and reassign shall be vested solely with the
Chief of Police.
F. The parties understand and agree that all
assignments to extra-pay positions are temporary assignments,
and that officers will be rotated into and out of these
assignments as part of the department's job enrichment and
career development program.
G. In conformity with this understanding,
each officer who accepts an assignment shall sign a statement
indicating that they understand the temporary nature of the
assignment. Nothing herein shall abrogate an employee's appeal
rights as set forth in Government Code Section 3304.
H. The City agrees to pay each officer
assigned to the Police Service Dog Program as a Police Service
Dog handler the sum of two hundred and twenty dollars ($220.00)
per month. This amount shall be considered as full compensation
for the additional incidental hours required for the animals
veterinary care; routine care for the K-9's physical health,
welfare and grooming; daily and routine maintenance to the K-9
patrol vehicle and field equipment. This sum shall be included
in total compensation calculations for retirement purposes.
I. Time spent "on-call" shall not be
considered hours worked for FLSA purposes and is not
compensated in any manner.
J. Employees assigned full time to the
Department's Police Service Dog Program are subject to schedule
changes contingent on meeting Police Dog Program priorities and
Department needs.
ARTICLE 28 – PHYSICAL FITNESS TIME
The City and the Association agree to a
program providing for an on-duty workout period for Officers and
Sergeants under the following conditions:
A. The workout shall be of thirty (30)
minutes duration, beginning when the employee enters the
workout facility. The workout shall take place within the City
or within ¼ mile of the City boundary.
B. The work out shall be conducted during
"Code-7" lunch period.
C. There is not interruption of service to
the City.
D. Release time to workout is at the
discretion of the City.
E. Individuals may be barred from this
program at City discretion if there is evidence of abuse.
ARTICLE 29 –
YEARLY SHIFT CHANGES
A. There will be four (4) quarterly shift
changes per twelve (12) month period. These quarterly shift
changes shall begin on the first Sunday of the first month of
each quarter. The quarters shall run as follows: .
1. June, July, August
2. September, October, November
3. December, January, February
4. March, April, May
Although there will be four (4) shift changes
in a twelve month period, employees shall bid on a semi-annual
basis for two consecutive shifts at a time.
B. For shift bidding purposes, the schedule
will be posted on October 1, for the quarters December-February
and March-May and on April 1 for the quarters June-August and
September-November. The sign-up schedule will remain posted for
thirty (30) days from the date of posting for employee shift
bidding. Management will then have thirty (30) days to finalize
the schedule in advance of the schedule change.
C. Employees are not mandated to rotate
between day and night shifts. Bidding for shifts and days off
shall be made on a seniority basis. Management will continue to
assign new hire employees to shifts only, without regard to
days off, through completion of their probation.
D. With regard to new hire employees,
following the successful completion of their probationary
period, and provided they have worked all shifts in the Patrol
Bureau exclusive of shifts worked while assigned to the Field
Training Program, the employee will be allowed to bid for shift
and days off on a seniority basis.
E. In order to provide scheduling
protections to less senior employees, those without sufficient
longevity to bid for an alternate shift assignment may request,
via the Field Services Division Commander, a shift rotation for
one (1) deployment quarter in a twelve (12) month period. It
shall be the sole responsibility of the junior employee wishing
such a shift rotation to notify the Field Services Division
Commander immediately upon posting of each shift bidding
schedule.
F. In the event that a less junior employee
qualifies for a shift rotation and desires to exercise their
prerogative to rotate to another shift, the employee with the
least seniority in the bidding process who has bid on a shift
will be "bumped" to an alternate shift in order to provide a
shift opening for the junior employee. The senior employee
shall retain the right to select the deployment quarter in
which they will be displaced in the rotation. All other
seniority rights shall remain in full force and effect.
ARTICLE 30 –
EXTRA JOB SIGN-UPS
A. Regular officers of the Hermosa Beach
Police Department will be given priority over reserve officers
in the assignment of extra jobs. No restrictions on the number
of regular officers who can sign up for extra jobs shall be
imposed.
Regular officers will be compensated for all hours
worked on extra jobs at their regular rate of pay
.
Officers and Sergeants will be compensated for all hours
worked on an overtime basis for extra job sign-ups at time and
one-half.
B. To be eligible for an extra job, an
officer must have completed their probationary period. The
officer must have signed up for the job at least five (5) days
prior to the date listed on the job posting. If no regular
officer has signed up for the job five (5) days prior to the
listed date, the job may be assigned to a reserve officer.
Available extra jobs will be posted on the bulletin board at
least ten (10) days in advance of the job date.
C. In the matter of foot patrol and beach
patrol jobs, a monthly schedule will be posted, when possible,
at least five (5) days prior to the first day of the month. A
sign-up list for foot patrol and beach patrol extra jobs will
be posted at least ten (10) days prior to the date of the job
for the following month. Failure to work a job assignment after
having been selected to do so will be deemed to be a violation
of general orders. For emergency reasons, an officer may
provide a replacement for the extra job from one of the other
regular officers to cover the assigned job. For the same
reasons, and with the permission of the Division Commander, a
reserve officer may be used as a replacement in an emergency
situation.
D. Nothing herein shall prohibit the City
from hiring temporary civilian employees to perform police
related duties in the enforcement of Municipal Code provisions
relating to bicycles and skateboards. Any additional
assignments of temporary civilian employees shall be subject to
the meet and confer process.
ARTICLE 31 –
SHIFT COVERAGE
If for any reason the Police Department cannot
meet a minimum three-person staffing standard requirement
(consisting of Watch Commander and two area cars), the Department
shall have the right to fill positions with Certified Level I
Reserve Officers. This may be done only when all regular officers
have been contacted to determine their availability to cover the
shift or a portion of the shift, which will be understaffed.
ARTICLE 32 –
WATCH COMMANDER SELECTION
The Chief of Police shall have the right to
establish criteria for selection of officers to be placed on the
Watch Commander's list. The Chief shall select any number to be
placed on the list and may remove officers or add officers to the
list at any time.
ARTICLE 33 –
PERFORMANCE REVIEW
Upon completion of probation, each employee
shall be reviewed annually; said review to be objective,
constructive in nature designed to point out area of strengths,
weakness and methods for improvement. The review will be
completed by the employee’s immediate supervisor and will
include all co-lateral assignments (i.e. FTO, Rangemaster, Dare
Officer, etc.). Contents of the form will be submitted to the
Police Officers Association for review and comments.
ARTICLE 34 –
DISCIPLINARY ACTIONS
A. For the purpose of defining disciplinary
actions, the following definitions shall be applicable:
1. Disciplinary actions are defined as:
a. Dismissal
b. Demotion
c. Suspension
d. Reductions in pay
e. Reprimand (written)
2. Reductions in pay are governed by the "Blue Section" of
the Police Manual.
3. Appeals from the disciplinary actions
shall only be subject to the "Blue" section of the Police
Manual entitled "Rules and Regulations."
4. Prior to the commencement of any
internal investigation which is likely to subject the officer
to disciplinary action, the officer shall be advised of their
rights pursuant to Section 3300, et. seq., of the California
Government Code as amended. All rights contained therein
shall be applicable to the disciplinary actions and shall be
used as a minimum guideline only.
5. Any reprimand record or other writing
containing negative comments (with the exception of
Performance Evaluations) included in the employees personnel
package is a written reprimand.
6. Inclusionary periods as currently set
forth in the Police Department Rules and Regulations shall
remain in effect during this MOU
7. Any officer receiving time off
dispensed as a result of disciplinary action can use either
accumulated compensatory time or vacation time at their
discretion. However, when exceptional circumstances arise and
the City feels that it is in the best interest to keep an
officer off duty for a limited period of time (not to exceed
five (5) working days), the City may exercise this right.
8. For purposes of this section, a
"suspension day" imposed as a result of disciplinary action
or "workday" referred to in Section 7 is equivalent to eight
(8) hours.
ARTICLE 35 –
LAYOFF
A. Hermosa Beach Municipal Code Section
2.76.200 , as currently enacted, is the governing provision
regarding layoff. However, City further agrees that, prior to
implementation of any such layoff, discussions shall be held to
explore other alternatives, mitigation, etc.
B. It is further agreed that in the event
the City should contract with another agency for provision of
police services, the Association shall receive six (6) months
advance written notice prior to the effective date of any such
change.
ARTICLE 36 –
NO SMOKING
A. The parties agree that the City shall
amend its class specifications for unit positions to provide
that employees who become unit employees after the date this
MOU goes into effect shall, as a condition of their continued
employment, refrain from smoking tobacco or any other
non-tobacco substance at any time on duty. Violation of this
condition of employment shall be deemed good cause for
dismissal.
ARTICLE 37 –
ASSOCIATION DIRECTORS TIME
A. A maximum of two Board members shall be
allowed to attend out of town meetings on City time up to and
including a cumulative total of five (5) working days per
calendar year provided such out of town meetings are for
purposes of Association business. With the permission of the
Police Chief additional days may be granted.
ARTICLE 38 –
DURATION OF CONTRACT
This MOU is effective July 1, 2000 and shall
remain in full force and effect through June 30, 2003.
In witness whereof, the parties hereto have
caused their duly authorized representatives to execute this
Memorandum of Understanding this day of ________, 2000.
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