HomeMy WebLinkAboutResolution No. 89759 0
J RESOLUTION NO. 8975
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AZUSA AMENDING RESOLUTION 8911 WHICH ADOPTED
THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
AND THE AZUSA POLICE OFFICERS" ASSOCIATION
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE
AS FOLLOWS:
Whereas, the Azusa Police Department has established a
four-day work week, ten-hour day affecting the employees
represented by the Azusa Police Officers' Association (APOA), and
Whereas, it is appropriate to amend the current APOA
Memorandum of Understanding to appropriately reflect revisions to
affected benefits, and
Whereas, representatives from the Azusa Police Officers
Association have met and conferred with management on applicable
revisions to the.current Memorandum of Understanding between the
APOA and the City;
Now, therefore, be it resolved by the City Council of
the City of Azusa that the revised Memorandum of Understanding
between the City and the APOA attached hereto is hereby adopted.
The City Clerk shall certify to the adoption of this
resolution.
ADOPTED AND APPROVED this 17th day of December, 1990
/L -
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the City Council of the City of Azusa at a
regular meeting thereof held on the 17th day of December, 1990.
AYES: COUNCILMERBERS: "L'ANGIEIS, STEMRICH, 1UUVWO,
ALMMNDER, MOSES
NOES: COUNCILMEMBERS: NCNE
0
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ASUSA
AND THE
ASUSA POLICE OFFICERS' ASSOCIATION
EFFECTIVE 12-17-90
T A 8 L.8 O B C O N T E N T S
1. TERM OB MEMORANDUM OP UNDERSTANDING .......................1
2. CAFETERIA BENEFIT PLAN.....................................1
2.A. Amount of Monthly Benefit .............................i
2.B. Eligibility...........................................2
2.C. Termination...........................................2
3. BALARY.....................................................2
4. WORK WEEK AND TIMEKEEPING INTERVAL .........................2
4.A. Work Week.............................................2
4.8. Workday...............................................3
4.C. Timekeeping Interval*.** ...
S. OVERTIME/COMPENSATORY TIME.................................3
6. COURT TIMB.................................................3
7. STANDBY PAY................................................3
8. RETIREMENT.................................................4
9. LONG-TERM DISABILITY (LTD).................................4
10. LIPS INSURANCE.............................................4
11. HOLIDAYS...................................................4
11.A. Holiday Pay..........................................4
12. VACATION LEAVE.............................................4
12.A. Required Usage and Carryover .........................4
12.8. Aaoruai..............................................5
13. INDUSTRIAL LEAVE.... soosee ......... see******** .... o9..*...oS
14. EDUCATIONAL INCENTIVE PAY..................................6
1S. BILINGUAL PAY..............................................7
16. TUITION REIMBURSEMENT......................................7
17. CLOTHING DAMAGE REIMBURSEMENT ..............................7
18. TRAINING INCREMENT PAY.....................................8
18.A. Police Officer.......................................8
18.8. Corporal.............................................8
19. UNIFORM ALLOWANCE..........................................8
i
20. CLOTHING ALLOWANCE - DETECTIVES ...........................8
21. SAFETY EQUIPMENT...........................................8
22. SICK LEAVE***** .... # ...... .................. 8
22.A. One -Fourth Conversion........... ..................... 9
22.B. One -Third Conversion.................................9
22.C. For Employees Hired Prior to December 31, 1985.......9
23. BEREAVEMENT LEAVE.........................................10
24. EMPLOYEE ASSISTANCE PLAN..................................10
25. CONTINUATION OF BENEBITSp TBRMS� AND CONDITIONS OF EMPLOY.10
ii
0 •
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE
AZUSA POLICE OFFICERS' ASSOCIATION
JULY 1, 1990
This Memorandum of Understanding is entered into with
reference to the following facts:
(1) The Azusa Police Officers' Association (APOA)
(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 classifica-
tions 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 imple-
mentation 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 UNDERSTANDING
The term of this Memorandum of Understanding shall commence
on July 1, 1990, and shall continue through and including
June 30, 1991.
2. CAFETERIA BENEFIT PLAN
2.A. Amount of Monthly Benefit
Effective August 1, 1990, the City will provide a Cafeteria
Benefit Plan (CBP) to each employee in the amount of four
hundred and ten dollars ($410) 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 (508) of membership fees for
a health club or similar organization, deferred
compensation, or other available group insurance, or any
1
OF UNDEMANDING - APOA, DECEMBER I1 1990
combination of these items, or receive these funds as
taxable income. 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.
Z.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 Iemployees 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.
Z.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.
S. sALARY
A seven percent (7%) increase will be granted to all
employees from and including July 1, 19901 by adjusting the
individual salaries incorporated within the various ranges
of the job classifications listed in Exhibit A.
4. WORK WEE$ AND TIMEREEPIN3 INTERVAL
4.A. Work Week
2
OF LINDA MDIN3 - APOA, DECEMBER If* 1990
4.8. Workday
4.C. Timekeeping Interval
In compliance with FISA, 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.
5. OVERTIDM/COMPENSATORY TIME
Employees shall be entitled to overtime pay or
time off at the rate of one and one-half (1 1
Cinnlnvnn/a hnnrly ratn fnr nll hni.rn crnrlrnA i,.
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. COURT TIME
The minimum court appearance time shall be four (4) hours
per day. Court time is applicable only for court
appearances scheduled during off-duty hours.
7. STANDBY PAY
Stand-by pay will be paid at straight time hour -for -hour
with a four (4) hour minimum.
S.
OP ONDS�TANDINO - APOA# DECEMBER It 1990
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 and to continue the
highest level of the 1959 survivor benefit. The City shall
continue to pay both the employee's and employer's share of
the cost of this benefit.
1-10 151�Ltg 4,4L1T I
(LTD)
The waiting period for the Long -Term Disability (LTD) Plan
shall be thirty (30) days. See "Industrial Leave" section
below.
10. LIPS INSURANCE
The City shall provide group life insurance to all
Association members in an amount of coverage equal to one
times the member's annual earnings.
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.
ii.A. Holiday Pay
Shift Personnel - Employees shall receive an additional 100
hours nav ner vear (10 hours x 10 holidays) whether the
holiday is worked or falls on a regularly -scheduled day off
(paid the pay period following the holiday).
Non -Shift Personnel - Employees who work holidays shall
receive regular pay plus time and a half for hours worked or
equivalent compensatory time.
12. VACATION LEAVE
11.A. Required Usage and Carryover
Leave will be credited on a
4
"per -pay -period" basis.
OB UNDATANDINd - APOAj DECEMBER 17s 1990
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,
1991. 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.
12.B. Accrual
Vacation leave shall accrue as follows:
Through
the
4th
year
of
employment ....... 90
hours
per
year
Through
the
5th
year
of
employment ...... 120
hours
per
year
Through
the
6th
year
of
employment ...... 128
hours
per
year
Through
the
7th
year
of
employment ...... 136
hours
per
year
Through
the
8th
year
of
employment ...... 144
hours
per
year
Through
the
9th
year
of
employment ...... 152
hours
per
year
Through
the
10th
year
of
employment ...... 160
hours
per
year
Through
the
11th
year
of
employment ...... 168
hours
per
year
Through
the
12th
year
of
employment ...... 176
hours
per
year
Through
the
13th
year
of
employment ...... 184
hours
per
year
Through
the
14th
year
of
employment ...... 192
hours
per
year
Through
the
15th
year
of
employment ...... 200
hours
per
year
Through
the
16th
year
of
employment ...... 218
hours
per
year
In addition
to the above,
sworn shift personnel shall
accrue
forty (401
additional
hours per year in lieu
of holidays.
13. 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
5
MEMORANDUM OF QNDBATANDING - APOAr DECEMBER 17r 1990
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:
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).
14. 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 2r, 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.
MEMORANDUX OF UNDATANDING - APOA� DECEMBER Of 1990
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.
15. BILINGUAL PAY
The City shall pay an additional $75 per month to personnel
demonstrating a proficiency in the Spanish language if they
are assigned and required to speak and translate the Spanish
language in performance of their duties.
Such additional payment is conditional upon demonstration of
Spanish language proficiency by a qualified third -party
examiner mutually agreed upon by both the City and the
Association.
16. 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.
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 pay should be for certificates
that are for items over and above the minimum requirement
for recipientts job.
17. CLOTHING DAMAGE REIMBURSEMENT
If, in the course of business, an office employee's personal
MEMORANDUM OF UNDE2TANDING - APOA, DECEMBER 17e 1990
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.
18. TRAINING INCREMENT PAY
18.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).
18.8. Corporal
For employees assigned to the rank of Corporal only, the
City shall pay one percent (18) in addition to base salary
while assigned the duties of a Field Training Officer (FTO).
19. 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.
20. CLOTHING ALLOWANCE - DETECTIVES
The City shall provide to all affected employees occupying
the position of detective, a clothing allowance equal to the
uniform allowance provided for sworn, uniformed employees.
21. SAFETY EQUIPMENT
The City will provide safety equipment for new employees and
.will replace worn safety equipment for current sworn
employees as required by the department head.
22. SICK LEAVE
Sick leave shall not be construed as a
employee may use at his/her discretion, but
only in case of necessity or actual sickness
8
right which an
shall be allowed
or disability.
MEMORANDUM OF UNDEPTANDINO - APOA, DECEMBER 1e 1990
made, and 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 calen-
dar year.
A decision to convert sick leave according to the policy
below shall be made by March 31.
22.A. One -Fourth Conversion
If the employee has used more than thirty (301, but not more
than sixty (60) hours 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.
22.8. One -Third Conversion
If the employee has used no more than thirty (301 hours of
sick leave, including time spent on personal business or
bereavement, 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.
22.C. For Employees Hired Prior to December 31, 1985
Any employee who began his or her employment with the City
on or before December 31, 1985, would be permitted to be
"grandpersoned" in under the sick leave policy heretofore in
effect, which is as follows:
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
d
OF UNATANDINO - APOA, DECEMBER Ri, 1990
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.
The employee may convert fifty percent (508) of his or her
accrued Sick Leave balance to cash for hours in excess of
three hundred twenty (320) hours to a maximum payment of 240
hours upon separation for reasons other than those listed
above.
23. BEREAVEMENT LEAVE
An employee may be permitted to take up to thirty (30) hours
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 twenty (201 hours 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.
24. EMPLOYEE ASSISTANCE PLAN
Association employees will be eligible for the City's
Employee Assistance Plan .
25. CONTINUATION OF BENEFITS, TERMS, AND
C,)A
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.
10
MEMORANDUM OF UNDERSTANDING
AZUSA POLICE OFFICERS' ASSOCIATION
JULY 1, 1990
EXHBIT A
MONTHLY
CLASSIFICATION RANGE 1st & 5th STEPS
Police Officer 6195 $2,745.22 - $3,336.81
Police Sergeant 6214 31316.50 - 4,031.21
In addition to base salary, the following assignments, when made
by the Chief of Police or his designee, shall receive five
percent (5%).
Corporal
Motor Officer
In addition to base salary, the following assignments, when made
by the Chief of Police or his designee, shall receive two and
one-half percent (2.5$).
t
11
0 a
MEMORANDUM OF UNDERSTANDING
AZUSA POLICE OFFICERS1 ASSOCIAT',
DECEMBER 17, 1990
AZUSA POLICE RELIEF ASSOCIATION
BY:
BY: (/(s�LRCll4 ccfl U./_
BY:
CITY OF AZUSA
12
DATE • 1210 -fD
DATE: /-? •do Re)
DATE:
DATE:—/.?— /,#- 170
DATE • 42-40 -940
r�
u
B
Bereavement Leave, 10
Bilingual Pay, 7
C
Cafeteria Benefit Plan
Amount of Monthly Benefit, 1
Eligibility, 2
Termination, 2
Clothing Allowance - Detectives, 8
Clothing Damage Reimbursement, 7
Continuation of Benefits
Terms, and Conditions of Employment, 10
Court Time, 3
B
Educational Incentive Pay, 6
Employee Assistance Plan, 10
8
Holidays, 4
Holiday Pay, 4
I
Industrial Leave, 5
L
Life Insurance, 4
Long -Term Disability (LTD), 4
O
Overtime/Compensatory Time, 3
R
Retirement
Survivors' Benefit, 4
0
e
Safety Equipment, 8
Salary, 2
Sick Leave, 8
For Employees Hired Prior to December 31, 1985, 9
One -Fourth Conversion, 9
One -Third Conversion, 9
Standby Pay, 3
T
Term of Memorandum of
Training Increment Pay
Corporal, 8
Police Officer, 8
Tuition Reimbursement,
Spanish Language, 7
Understanding, 1
7
0 0
U
Uniform Allowance, 8
V
Vacation Leave
Accrual, 5
Required Usage and Carryover, 4
W
Work Week and Timekeeping Interval, 2
Timekeeping Interval, 3
Work Week, 2
Workday, 3