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HomeMy WebLinkAboutResolution No. 8451lJ RESOLUTION NO. 8451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA POLICE RELIEF ASSOCIATION EFFECTIVE JULY 1, 1988. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: WHEREAS, the City council, at their regular meeting of July 5, 1988, approved the Memorandum of Understanding between the City of Azusa and the Azusa Police Relief Association, terms and conditions to be effective July 1, 1988: Now, therefore, be it resolved by the City Council of the City of Azusa that the Memorandum of Understanding attached hereto is hereby adopted by resolution. ADOPTED AND APPROVED this 5th day of July, 1988. A���, MAYOR I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Azusa at an adjourned regular meeting thereof held on the 5th day of July 1988. AYES: COUNCILMEMBERS: AVILA, STEMRICH, NARANJO, LATTA, MOSES NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE FAY /� / •� u� '7 0 0 T A B L E O F C O N T E N T S 1. TERM OF MEMORANDUM OF UNDERSTANDING .......................1 2. CAFETERIA BENEFIT PLAN..... .............................1 2.A. Amount of Monthly Benefit .............................1 2.B. Eligibility...........................................2 2.C. Termination...........................................2 3. SALARY.....................................................2 4. WORK WEER AND TIMEKEEPING INTERVAL .........................2 4.A. Work Week............................................2 4.B. Timekeeping Interval..................................3 5. OVERTIME/COMPENSATORY TIME.................................3 6. RETIREMENT.................................................3 7. LONG-TERM DISABILITY (LTD).................................3 S. HOLIDAYS...................................................4 9. VACATION LEAVE.............................................4 9.A. Required Usage and Carryover ..........................4 9.B. Accrual...............................................4 10. INDUSTRIAL LEAVE...........................................5 11. EDUCATIONAL INCENTIVE PAY..................................6 12. TUITION REIMBURSEMENT......................................6 13. CLOTHING DAMAGE REIMBURSEMENT ..............................7 14. TRAINING INCREMENT PAY.....................................7 14.A. Police Officer.......................................7 14.B. Corporal.............................................7 15. UNIFORM ALLOWANCE..........................................7 16. SICK LEAVE... ......... .................................8 16.A. One -Fourth Conversion................................8 16.B. One -Third Conversion .. ......... ...................8 16.C. For Employees Hired Prior to December 31, 1985.......8 17. BEREAVEMENT LEAVE..........................................9 18. CONTINUATION OF BENEFITS, TERMS, AND CONDITIONS OF EMPLOYM.9 i 0 11 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA POLICE RELIEF ASSOCIATION JULY 1, 1988 This Memorandum of Understanding is entered into with reference to the following facts: (1) The Azusa Police Relief Association (APRA) (herein- after referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees") employed by the City of Azusa (hereinafter referred to as "City"), and occupying classifications as listed in Exhibit A attached hereto. (2) In the interest of maintaining harmonious relations between the City and those employees represented by the Associa- tion, authorized representatives of the City and the Association have met and conferred in good faith, exchanging various proposals concerning wages, hours, and other terms and conditions of employment to affected employees. (3) The authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages,hours, and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City of Azusa for approval and implemen- tation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore, the City and the Association agree that, subject to the approval and implementation by the City Council of the City, the wages, hours, and other terms and conditions of employment for all affected employees shall be as follows: 1. TERM OF MEMORANDUM OF The term of this Memorandum of Understanding shall commence on July 1, 1988, and shall continue through and including June 30, 1989. 2. CAFETERIA BENEFIT PLAN 2.A. Amount of Monthly Benefit The City will provide a Cafeteria Benefit Plan (CBP) to each employee in the amount of three hundred and twenty dollars ($320) per month. This plan may be used by the employee to pay, to the extent available, for individual or dependent health coverage, dental plan, life insurance, up to fifty percent (50%) of membership fees for a health club or similar organization, deferred compensation, or other available group insurance, or any combination of these 1 MEMORANDUM OF UPERSTANDING - APRA, JULY 1,11988 items. The employee understands that in the event the total premiums and/or expenses for options selected by him/ her exceeds the amount of the City's contribution, the excess shall be deducted from the gross wages of the employee. 2.B. Eligibility In order for an employee to be eligible for the CBP in any given month, he/she must be on payroll for fifteen (15) days within that month. If an employee does not meet the qualifying work time, arrangements must be made with the Finance Department to reimburse the City for any benefits that have already been paid out on the employee's behalf for that month. The Finance Department will notify the employee if he/she has not worked sufficient days to qualify for the CBP. New employees will be eligible for the full CBP Plan applicable to their particular bargaining unit if they begin work prior to the 16th of the month. Employees whose date of hire is on the 16th or after will not be eligible for CBP for that month. 2.C. Termination It is agreed that the City will not be responsible for payment of any insurance premium(s) on behalf of an employee represented by the Association following the month of termination. If an employee represented by the Association wishes to continue his/her benefits, advance payment for such premium(s) will be deducted from this plan for the employee, or if he/she is not eligible for this plan, then the deduction shall be made from the employee's final pay- check. 3. SALARY A five percent (5%) increase will be granted to all employees from and including July 1, 1988, by adjusting the individual salaries incorporated within the various ranges of the job classifications listed in Exhibit A. The city shall grant an additional one percent (1%) salary increase effective January 1, 1989, as listed in Exhibit B. 4. WORK WEER AND TIMEKEEPING INTERVAL 4.A. Work Week The regular work week for all employees covered by this agreement shall be forty (40) hours for a seven (7) day period. Daily hours of work or shifts for employees within the department shall be assigned by the department head, as required to meet the needs of the department. `A MEMORANDUM OF AERSTANDING - APRA, JULY 1988 4.B. Timekeeping Interval In compliance with FLSA, the minimum timekeeping interval shall be fifteen (15) minutes. Periods of time of seven (7) minutes or less shall be rounded down, and periods of time of eight (8) minutes or more shall be rounded up. S. OVERTIME/COMPENSATORY TIME Employees shall be entitled to overtime pay or compensatory time off for all hours worked in excess of eight (8) hours in one work day or forty (40) hours within the employee's regular work week. For the purposes of this agreement, holiday pay, sick leave, and other compensated time off shall count for the hours. Compensatory time may be accumulated at the appropriate rate for each hour of overtime worked to the maximum accrual rate set by Federal law. Overtime pay or compensatory time off for overtime shall be accumulated in no less than fifteen (15) minutes per day increments. When an employee works less than fifteen minutes per day of overtime, the employee shall not receive compensatory time for such overtime. In order to be entitled to any compensation for overtime hours worked, such overtime work must have been authorized by the department head. Accumulated compensatory time not taken off in the pay period in which it was earned may be carried over up to a maximum of four hundred and eighty (480) hours (320 hours worked at time -and -one-half would equal 480 hours). 6. RETIREMENT The City shall continue its contract with the Public Employees Retirement System (PERS) under the "two percent (2%) at age 50 full formula" (CHP) Plan. The City agrees to amend its contract with PERS to upgrade to the increased level of the 1959 survivor benefit. The City shall expeditiously proceed with the amendment and its implementa- tion according to the rules of the Retirement System. The City shall continue to pay both the employee's and employer's share of the cost of this benefit. 7. LONG-TERM DISABILITY (LTD) The waiting period for the Long -Term Disability (LTD) Plan shall be thirty (30) days. See "Industrial Leave" section below. 3 MEMORANDUM OF UPERSTANDING - APRA, JULY 1988 8. HOLIDAYS Below is the list of agreed-upon holidays for this Memorandum of Understanding. Employees will receive the holiday only if the employee is paid for the work day which precedes or the work day which follows the holiday. July 4 September 5 October 10 November 11 November 24 November 25 December 26 January 2 February 13 February 20 May 29 9. VACATION LEAVE Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Day After Thanksgiving Monday After Christmas Monday After New Year's Lincoln's Birthday Washington's Birthday Memorial Day 9.A. Required Usage and Carryover Day Day Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half (1/2) of their annual Vacation accrual yearly and shall be able to carry over one-half (1/2) of one year's Vacation accrual from one year to the next, cumulatively, up to a maximum of fifty-two times (52) the then -current pay period rate of vacation accrual. This maximum is waived, however, until June 30, 1989, in order to provide a smooth transition to the new computer system installed in 1987. At that time, if the employee's balance is at or above its maximum, no further vacation shall be accrued until the employee's balance drops below the maximum. In special cases, where it has not been possible, due to workload and other factors, for the employee to use his/her vacation before reaching the maximum, it shall be within the department head's authority to authorize cash payment in lieu of time off. 9.B. Accrual Vacation leave shall accrue as follows: Through the 4th year of employment 11 days/year Through the 5th year of employment 15 days/year Through the 6th year of employment 16 days/year Through the 7th year of employment 17 days/year Through the 8th year of employment 18 days/year Through the 9th year of employment 19 days/year Through the 10th year of employment 20 days/year Through the 11th year of employment 21 days/year Through the 12th year of employment 22 days/year Through the 13th year of employment 23 days/year Through the 14th year of employment 24 days/year 4 MEMORANDUM OF UNDERSTANDING - APRA, JULY 1.988 Through the 15th year of employment 25 days/year Through the 16th year of employment 27 days/year In addition to the above, sworn shift personnel shall accrue five additional days per year in lieu of holidays. 10. INDUSTRIAL LEAVE A regular employee who is temporarily or permanently inca- pacitated as a result of injury or illness determined to be compensable under the Workers' Compensation Act shall be granted industrial leave under the following terms and conditions: 1. An employee granted industrial leave shall continue to be compensated at his/her regular rate of pay in lieu of temporary disability payments. 2. Should it be determined that an employee's illness or injury did not arise in the course of the employee's employment with the City or that the employee is not temporarily or permanently incapacitated or disabled as a result of the injury or illness, then the employee's accrued or, if insufficient, future sick leave shall be charged to reimburse the City for any payments made to the employee pursuant to (1) above. 3. An industrial leave of up to ninety (90) calendar days shall be authorized for each injury or illness determined to be compensable under the Workers' Compensation Act. Paid leave may be continued subject to review by the City Council at the end of such ninety (90) calendar day period to a maximum of one (1) calendar year. Supporting medical documentation must accompany such requests for leave and must be submitted thirty (30) days prior to expiration date. 4. Except as provided in (2) above, no employee shall have accrued sick leave deducted while on industrial leave. Vacation and sick leave shall accrue for an employee on industrial leave. 5. Industrial leave shall expire when one of the following conditions occurs: a. Employee is able to return to work to his regular position. b. The day before the employee is retired or separated for disability. The employee's "retirement date" shall be the first of the month after all of the following occur and are determined by the Public Employees' Retirement System: 61 MEMORANDUM OF #ERSTANDING - APRA, JULY 1.1988 1) The employee's condition is determined to be permanent or of an extended duration. 2) The degree of disability precludes continued employment of the employee in his/her present position. c. After fifty-two (52) weeks of industrial disability payments. 6. Physicians may be assigned in compliance with the Health and Safety Code and the Workers' Compensation Laws of the State of California (Ref: Section 4600 - Labor Code). 11. EDUCATIONAL INCENTIVE PAY 1. The City will pay two and one-half percent (2.5%) of the "sworn" employee's base salary rate if he/she possesses an Associate in Arts or Science degree or Intermediate Certificate issued by the California Commission on Peace Officer Standards and Training (P.O.S.T.) with forty- five (45) semester or equivalent quarter units from an accredited college or university. 2. The City will pay five percent (5$) of the "sworn" employee's base salary rate if he/she possesses a Bachelor of Arts or Science degree or Advanced Certificate issued by the California Commission on Peace Officer Standards and Training (P.O.S.T.) with sixty (60) semester or equivalent quarter units from an accredited college or university. Neither (1) nor (2) above shall apply to any "sworn" employee whose job description has an equivalency requirement for either an Associate in Arts or Science degree or a Bachelor of Arts or Science degree. 12. TUITION The City shall make available to each employee an amount not to exceed fifteen hundred* dollars ($1,500) per year for tuition reimbursement. A scholarship Committee shall be established by the City to oversee this program and to decide whether or not certain courses are job-related for an individual employee. Within this provision the City will reimburse the employee for the eligible expenses of a bonafide curriculum of the study of the Spanish language. While it is not possible to make a commitment at this time, the City agrees, in the coming fiscal year, to consider the merits of providing an incentive pay program for those employees who have mastered the Spanish language and have considerable occasion to use it on the job. *Revised 7-5-88 6 MEMORANDUM OF UNDERSTANDING - APRA, JULY 1.1988 Any claim for tuition reimbursement shall be submitted for payment no later than thirty (30) calendar days following the receipt of the official college or university grade(s) for the preceding semester or quarter. For the purposes of administration, the annual amount of available tuition reimbursement is based on the fiscal year beginning July 1, and the course(s) is deemed to fall in the fiscal year in which the date of the final examination is scheduled. All educational reimbursement that are for items over and for recipient's job. 13. CLOTHING DAMAGE REIMBURSEMENT pay should be for certificates above the minimum requirement If, in the course of business, an office employee's personal clothing or effects are accidentally damaged or destroyed, the employee may submit a claim for reimbursement for up to one hundred dollars ($100) to the City's Safety Committee. The committee shall have the authority to investigate the claim and recommend to the City Administrator, or his designee, to pay the full amount of the claim, deny the claim, or apportion the claim based on normal wear and tear of the item and/or the extent of the employee's negligence in following proper safety procedures. It is expressly understood that stockings and socks are exempt from this procedure. It is further expressly understood that prescription eye glasses or contact lenses and hearing aid devices are exempt from the one hundred dollar ($100) limit. 14. TRAINING INCREMENT PAY 14.A. Police Officer For employees in the classification of Police Officer only, the City shall pay two and one-half percent (2.5%) in addition to the base salary while assigned the duties of a Field Training Officer (FTO). 14.B. Corporal For employees assigned to the rank of Corporal only, the City shall pay one percent (1%) in addition to base salary while assigned the duties of a Field Training Officer (FTO). 15. UNIFORM ALLOWANCE The uniform allowance for "sworn" employees shall be six hundred dollars ($600) per year. Such allowance will be paid by the City in December. 7 MEMORANDUM OF UNDERSTANDING - APRA, JULY 1.1988 16. SICK LEAVE Sick leave shall not be construed as a right which an employee may use at his/her discretion, but shall be allowed only in case of necessity or actual sickness or disability. Beginning the first payday on or after January 1, 1986, a yearly evaluation period for use of sick leave will be established. At the end of the time period, the Finance Department will analyze and report to the various employees the amount of sick leave earned, less the amount used, and the net accrued during the calendar year. A decision to convert sick leave according to the policy below shall be made by March 31. 16.A. One -Fourth Conversion If the employee has used more than three, but not more than six days of sick leave, including time spent on personal business or bereavement, he or she would have the following options: 1. Carry over the accrual and add it to his/her sick leave balance. 2. Convert, only to the extent that his/her balance is more than zero at the beginning of the new year, one-fourth of the accrual to vacation or convert one-fourth to cash (but no combination of these two). Unused, unconverted leave would then be added to the employee's sick leave balance. 16.B. One -Third Conversion If the employee has used no more than three days of sick leave, including time spent on personal business or bereave- ment, he/she would have the following options: 1. Carry over the accrual and add it to his/her sick leave balance. 2. Convert, only to the extent that his/her balance is more than zero at the beginning of the new year, one-third of the accrual to vacation or convert one-third of it to cash (but no combination of these two). Unused, unconverted leave would then be added to the employee's sick leave balance. 16.C. For Employees Hired Prior to December 31, 1985 Any employee who began his or employment with the City on or before December 31, 1985, would be permitted to be "grand- personed" in under the sick leave policy heretofore in effect, which is as follows: 0 MEMORANDUM OF IERSTANDING - APRA, JULY 1.1988 The employee may convert fifty percent (50%) of his/her accrued sick leave balance to cash upon death (if he/she has attained permanent status); disability retirement (if he/she has been employed by the City a minimum of five (5) years); or voluntary retirement (if he/she has been employed by the City a minimum of ten (10) years. 17. BEREAVEMENT LEAVE An employee may be permitted to take up to three (3) days of bereavement leave in the event of the death of a member of his/her immediate family. "Immediate family" member is herewith defined as a mother, father, brother, sister, spouse, child, mother-in-law, father-in-law, grandparents, or relative living within the employee's household. Persons in loco parentis may also be considered under certain circumstances. Such leave shall not be charged against the employee's sick leave or vacation. In addition to bereavement leave, an employee may request up to two days of sick leave in the event of the death of an immediate family member. Such leave shall be charged against the employee's sick leave balance and shall be considered in calculating his or her ability to convert the balance. 18. CONTINUATION OF BENEFITS, TERMS, AND CONDITIONS OF EMPLOYMENT Any benefits, terms, and conditions of employment, except as modified by state law, federal law, or municipal ordinance, contained in prior Memoranda of Understanding between the Association and the City not specifically altered by this agreement are hereby incorporated in this agreement and made a part of it by reference. 9 rI CLASSIFICATION Police Officer Police Sergeant 0 Exhibit A MEMORANDUM OF UNDERSTANDING AZUSA POLICE RELIEF ASSOCIATION JULY 1, 1988 MONTHLY RANGE 1st & 5th STEPS 195 $2415.80 - 2936.41 214 2918.54 - 3547.49 In addition to base salary, the following assignments, when made by the Chief of Police or his designee, shall receive five percent (5%). Corporal Motor Officer 10 0 MEMORANDUM OF UNDERSTANDING AZUSA POLICE RELIEF ASSOCIATION JANUARY 1, 1989 Exhibit B MONTHLY CLASSIFICATION RANGE 1st & 5th STEPS Police Officer 195 $2439.96 - 2965.77 Police Sergeant 214 2947.73 - 3582.96 In addition to base salary, the following assignments, when made by the Chief of Police or his designee,shall receive five percent (5$). Corporal Motor Officer 11 0 0 MEMORANDUM OF UNDERSTANDING AZUSA POLICE RELIEF ASSOCIATION JULY 1, 1988 AZUSA POLICE RELIEF ASSOCIATION BY BY: BY: CITY OF AZUSA 12 DATE: DATE: 7 • J - F'2, DATE: 7- 4r'96 DATE: 6 / DATE • ;7 -1Z -0e) DATE: -711 B Bereavement Leave, 9 C Cafeteria Benefit Plan Amount of Monthly Benefit, 1 Eligibility, 2 Termination, 2 Clothing Damage Reimbursement, 7 Continuation of Benefits Terms, and Conditions of Employment, 9 E Educational Incentive Pay, 6 H Holidays, 4 I Industrial Leave, 5 L Long -Term Disability (LTD), 3 O Overtime/Compensatory Time, 3 R Retirement Survivors' Benefit, 3 S Salary, 2 Sick Leave, 8 For Employees Hired Prior to December 31, 1985, 8 One -Fourth Conversion, 8 One -Third Conversion, 8 T Term of Memorandum of Understanding, 1 Training Increment Pay Corporal, 7 Police Officer, 7 Tuition Reimbursement, 6 Spanish Language, 6 U Uniform Allowance, 7 V Vacation Leave Accrual, 4 Required Usage and Carryover, 4 ON r w Work Week and Timekeeping Interval, 2 Timekeeping Interval, 3 Work Week, 2