HomeMy WebLinkAboutResolution No. 94-C5• RESOLUTION NO. 94-05 •
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE CIVILIAN
ASSOCIATION OF POLICE PERSONNEL EFFECTIVE JULY
1, 1993.
THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
WHEREAS, it is customary for the Management of the City of Azusa to
receive, on a periodic basis, proposals for amendments to the memoranda and/or
Resolutions thatgovern the compensation, benefits and working conditions of City
employees, based upon changes in the consumer price index and other factors, and
WHEREAS, the City Council acknowledged the Civilian Association Of
Police Personnel as the recognized employee organization representing those personnel
employed by the various departments of the City of Azusa, and occupying the
classifications as listed in Exhibits "A," "B" and "C' attached hereto; and
WHEREAS, the City of Azusa has received the proposals for amendment
and updating of compensation and benefits for the upcoming 3 fiscal years for the
Civilian Association Of Police Personnel (CAPP), and
WHEREAS, the City of Azusa and representatives of CAPP have met on
numerous occasions during the last 3 months and have discussed the issues between
them and have bargained in good faith, and
WHEREAS, the City and CAPP have come to an agreement with regard
to every issue, and
WHEREAS, the new Memorandum of Understanding between the City
of Azusa and the Civilian Association Of Police Personnel covering the period of July
1, 1993 through July 31, 1996, is attached hereto,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Azusa does hereby approve the Memorandum of Understanding attached hereto,
and directs the representatives of Management to affix their signatures theron.
The City Clerk shall certify the passage of this Resolution.
APPROVED AND PASSED this 4th day of January, 1994.
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was duly passed by the
City Council of the City of Azusa at a regular meeting thereof held on the 4th day of
January, 1994.
AYES: COUNCILMEMBERS: DANGLEIS, MADRID, NARANJO, ALEXANDER,
MOSES
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ITY CL RK'
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA
AND THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
7-1-93
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TABLE OF CONTENTS
1. TERM 1
2. SAVINGS CLAUSE ..................................... 2
3. REOPENER.......................................... 2
4. SALARY ............................................ 2
4.1. Automatic Payroll Deposit ........................... 2
4.2. Bilingual Pay .................................... 2
4.3. Longevity Pay ................................... 3
4.4. Shift Differential .................................. 3
5. RETIREMENT ........................................ 3
6. TOTAL COMPENSATION ................................ 4
7. NON-DISCRIMINATION ................................. 4
7.1 Protection of Rights ............................... 4
7.2 Anti -Discrimination ................................ 4
8. CITY RIGHTS ........................................ 4
8.1 Management Rights ............................... 4
8.2. Conformance with Rules ............................ 6
8.3. Meet and Confer ................................. 6
9. SEPARABILITY ....................................... 6
10. MAINTENANCE OF EXISTING BENEFITS ...................... 7
11. FLEXIBLE BENEFIT PLAN ................................ 7
11.1. Definition ...................................... 7
11.2. Amount of Monthly Benefit .......................... 7
11.3. Eligibility ........:.............................. 7
11.4. Termination ..................................... 8
12. HEALTH INSURANCE DURING RETIREMENT ................... 9
13. EMPLOYEE ASSISTANCE PLAN ............................ 9
14. LIFE INSURANCE ...................................... 9
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15. UNIFORM ALLOWANCE ................................. 9
16. WORKWEEK AND TIMEKEEPING INTERVAL ................... 10
16.1. Workweek ...................................... 10
16.2. Workday ....................................... 10
16.3. Timekeeping Interval ............................... 10
17. COURT TIME ........................................ 10
18. PREMIUM PAY ....................................... 10
18.1. Training Pay ..................................... 10
19. OVERTIME/COMPENSATORY TIME ......................... 11
20. CALLBACK .......................................... 11
20.1. Appropriate Rate of Pay for Callback .................... 11
21. OVERTIME MEAL POLICY ................................ 12
21.1. Beyond Regular Shift ............................... 12
21.2. Outside of Regular Shift ............................ 12
21.3. Before 5 a.m..................................... 12
22. DAMAGE TO PERSONAL EFFECTS ......................... 12
23. TUITION REIMBURSEMENT ............................... 13
23.1. Objective ....................................... 13
23.2. Eligibility ....................................... 13
23.3. Courses may be eligible if they: ....................... 14
23.4. Reimbursement .................................. 14
24. LICENSE RENEWAL .................................... 15
25. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM ....
15
26. SICK
LEAVE .........................................
16
26.1.
Reasons for Use of Sick Leave ........................
17
26.2.
Restrictions on Sick Leave ...........................
17
26.3.
Accrual and Use ..................................
18
26.4.
Advance Sick Leave ...............................
18
26.5.
Sick Leave During Vacation ..........................
18
26.6.
One -Fourth Conversion .............................
18
26.7.
One -Third Conversion ..............................
19
26.8.
Conversion to Cash upon Retirement or Separation ..........
19
26.9.
Conversion Deadline ...............................
19
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27. BEREAVEMENT LEAVE .................................. 20
28. VACATION .......................................... 20
28.1. Required Usage and Carryover ........................ 20
28.2. Cash -In Policy ................................... 20
28.3. Accrual ........................................ 21
29. HOLIDAYS .......................................... 22
29.1. Designated Holidays ............................... 22
29.2. Floating Holidays ................................. 22
30. LAYOFF ............................................ 22
31. INDUSTRIAL LEAVE .................................... 23
32. LONG TERM DISABILITY INSURANCE ....................... 24
33. IMPLEMENTATION .................................... 25
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MEMORANDUM OF UNDERSTANDING
between
THE CITY OF AZUSA
and
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
JULY 1, 1993
This Memorandum of Understanding is entered into with reference to the following
facts:
(1) the Civilian Association of Police Personnel (CAPP) (hereinafter referred
to as "Association") is the recognized employee organization
representing those personnel (hereinafter referred to as "employees")
employed by the various departments of the City of Azusa (hereinafter
referred to as "City"), and occupying the classifications as listed in
Exhibits "A," "B" and "C" attached hereto;
(2) in the interest of maintaining harmonious relations between the City and
those employees represented by the Association, 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; and
(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 for approval and implementation of these changes by appropriate
ordinance, resolution, or other lawful action.
Therefore, the City and the Association agree that, subject to 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 altered as follows:
1. TERM
The term of this Memorandum of Understanding (MOU) shall commence July 1, 1993
and shall continue in full force and effect until July 31, 1996 with one reopener per
year however, management will not discuss salary unless the March to March increase
in cost of living is more than 6%. Management agrees to commence negotiations no
later than April 1 of each year.
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2. SAVINGS CLAUSE
Should any State or Federal law mandate the loss of revenue to the City as a result
of the implementation of any clause of this document, or should any State or Federal
law render a clause(s) of this document invalid, then those changes alone shall not be
given effect and the remainder of this document standing shall be unaffected and shall
remain in full force and effect.
Should No. 2 render invalid any provision of this document, then meet -and -confer
session(s) shall immediately commence in the effort to agree upon replacement(s) for
such invalidated provisions(s).
4. SALARY
Effective July 1, 1993, the base monthly salary of each employee shall be according
to the information contained in Exhibit "A" of this MOU.
Effective July 1, 1994, the base monthly salary of each employee shall be according
to the information contained in Exhibit "B" of this MOU.
Effective July 1, 1995, the base monthly salary of each employee shall be according
to the information contained in Exhibit "C" of this MOU.
4.1. Automatic Payroll Deposit
The City will begin offering this service as soon as it can set up the service
with a banking facility to accommodate the city's needs. Employee banking
preferences will be polled.
4.2. Bilingual Pay
Effective 7-1-93 the City shall pay an additional $50 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. An additional $25 will be available for proficiency in written Spanish.
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.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
4.3. Longevity Pay
After completion of seven (7) years of service as a member of the Azusa Police
Department, employee shall receive a premium of 2.50% above base salary.
After completion of fifteen (15) years of such service, the employee shall
receive a premium of 5% above base salary.
4.4. Shift Differential
Persons assigned to work the following shifts will be compensated as follows:
Swing shift: additional $.50 per hour
Morning shift: additional $1.00 per hour
Swing shift is generally considered to be 1500 to 0100; Early Morning shift is
generally considered to be 2200 to 0800; any shift that includes at least one-
half of either of these shifts shall receive shift differential for the entire shift.
Shift differential pay will not apply to individuals who are working either of the
above shifts on an overtime basis, on a shift exchange or when called out due
to an emergency.
5. RETIREMENT
The City shall continue its contract with the Public Employees' Retirement System
(PERS) under the "2% @ 60 full formula" plan and the increased level of the 1959
Survivor Benefit. The City shall continue to pay both the "employee" and "employer"
share of the cost.
The City shall amend its contract with the Public Employees' Retirement System
(PERS) to add an additional benefit of Service Credit for Unused Sick Leave.
The City shall also amend its contract with the Public Employees' Retirement System
(PERS) to participate in the two-year Golden Handshake program as authorized by the
State Legislature.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
6. TOTAL COMPENSATION
As a matter of philosophy, the City recognizes that compensation consists of terms
and conditions of employment other than those represented solely by salary. Further,
the City recognizes that the changes in wages, hours and other terms and conditions
of employment as set forth in this document constitute additions to the total
compensation received by affected employees.
7. NON-DISCRIMINATION
7.1 Protection of Rights
The City and the Association shall recognize and protect the rights of all
employees hereby to join and/or participate in protected Association activities
or to refrain from joining or participating in protected activities in accordance
with Government Code Section 3500, et sea.
7.2 Anti -Discrimination
The City and the Association shall not discriminate against any employee
because of race, color, sex, age, national origin, political or religious opinions
or affiliations. The City and the Association shall reopen any provisions of this
Agreement for the purpose of complying with any final order of the federal or
state agency or court of competent jurisdiction requiring a modification or
change in any provision or provisions of this document in compliance with state
or federal anti -discrimination laws.
S. CITY RIGHTS
8.1 Management Rights
The City reserves, retains and is vested with, solely and exclusively, all rights
of Management which have not been expressly abridged by specific provision(s)
of this document or by law to manage the City, as such rights existed prior to
the execution of this document. The sole and exclusive rights of Management,
as they are not abridged by this document or by law, shall include, but not be
limited to, the following:
8.1.1 To manage the City generally and to determine the issues of
policy.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
8.1.2 To determine the existence or non-existence of facts which are
the basis of the Management decision.
8.1.3 To determine the necessity and organization of any service or
activity conducted by the City and expand or diminish services.
8.1.4 To determine the nature, manner, means and technology and
extent of services to be provided to the public.
8.1.5 To determine methods of financing.
8.1.6 To determine types of equipment or technology to be used.
8.1.7 To determine and/or change the facilities, methods,
technology, means and size of the work force by which the
City operations are to be conducted.
8.1.8 To determine and change the number of locations, relocations
and types of operations, processes and materials to be used in
carrying out all City functions including, but not limited to, the
right to contract for or subcontract any work or operations of
the City.
8.1.9 To assign work to and schedule emploees in accordance with
requirements as determined by the City and to establish and
change work schedules and assignments.
8.1.10 To relieve employees from duties for lack of funds or lack of
work or similar non -disciplinary reasons.
8.1.11 To establish and modify productivity and performance
programs and standards.
8.1.12 To discharge, suspend, demote or otherwise discipline
employees for proper cause.
8.1.13 To determine job classification and to reclassify employees.
8.1.14 To hire, transfer, promote or demote employees for non -
disciplinary reasons in accordance with this document and
applicable Resolutions and Codes of the City.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
8.1.15 To determine policies, procedures and standards for selection,
training and promotion of employees.
8.1.16 To establish employee performance standards including, but
not limited to, quality and quantity standards and to require
compliance therewith.
8.1.17 To maintain order and efficiency in its facilities and operation.
8.1.18 To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City which are
not in contravention with this Agreement.
8.1.19 To take any and all necessary action to carry out the mission
of the City in emergencies.
8.2. Conformance with Rules
The City shall have the right to exercise the rights provided in sections "8.1.8"
through "8.1.16" of the Management rights clause, in accordance with the
Personnel Rules and Regulations and shall exercise these rights in conformance
with the Personnel Rules and Regulations.
8.3. Meet and Confer
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 regarding the
impact of the exercise of such rights, unless that matter of the exercise of such
rights is provided for in this document, or in Personnel Rules and Salary
Resolutions and Administrative Code(s) which are incorporated in this
document. By agreeing to meet and confer with the Association as to the
impact and the exercise of any of the foregoing City Rights, Management's
discretion in the exercise of these rights shall not be diminished.
9. SEPARABILITY
Should any provisions of this document be found to be inoperative, void, or invalid by
a court of competent jurisdiction, all other provisions of this document shall remain
in full force and effect for the duration of this document.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
10. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and economic terms and conditions of
employment presently enjoyed by employees shall remain in full force and effect
during the entire term of this document unless mutually agreed to the contrary by both
parties hereto.
11. FLEXIBLE BENEFIT PLAN
11.1. Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) shall
be converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by
either the City or its designee.
11.2. Amount of Monthly Benefit
Effective August 1, 1993, the City will maintain the Flexible Benefit Plan at five
hundred forty-five dollars ($545.00) per month for each employee. This plan
can be used by the employee to pay, to the extent available, for qualified
benefits as determined by the IRS. The employee understands that, in the
event the total premiums and/or expenses for qualified benefits selected by
him/her exceed the amount of the FBP, the excess shall be deducted from pre-
tax wages of the employee.
11.2.1. Yearly Increase
Effective August 1, 1994, the City will maintain the Flexible Benefit Plan
at five hundred seventy dollars ($570.00) per month for each employee.
Effective August 1, 1995, the City will maintain the Flexible Benefit Plan
at five hundred ninety-five dollars ($595.00) per month for each
employee.
11.3. Eligibility
In order for an employee to be eligible for the FBP in any given month, he/she
must be on payroll on the first work day (excluding recognized paid City
holidays) of that month.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
A new employee will be eligible for the full FBP applicable to his/her bargaining
unit if he/she begins work on the first work day (excluding recognized paid City
holidays) of the month. An employee whose date of hire is on the second work
day (excluding recognized paid City holidays) of the month or thereafter will not
be eligible for the FBP for that month.
In the case of maternity leave, the FBP will continue for four (4) months after
available sick leave has been exhausted, according to the provisions of the
Family Leave Act.
If an employee does not meet the qualifying work time in any given month,
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
met the qualifying work time for eligibility for the FBP.
11.4. Termination
The City will not be responsible for payment of any qualified benefits on behalf
of the employee following the month of termination. If an employee
represented by the Association wishes to continue his/her qualified benefits,
advance payment for such qualified benefits will be deducted from the
employee's final pay.
For the purposes of clarification, this language means that existing employees
will receive FBP for their last month of employment even if they work just one
work day into that last month.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
12. HEALTH INSURANCE DURING RETIREMENT
Effective July 1, 1993, the City has established a Medical Premium Retirement Benefit
plan (MPRBP) under the Internal Revenue Code of 1986, as a member of, under the
regulations of, and administered by the Joint Powers Employee Benefit Authority.
Association employees can defer income to this plan. In addition, beginning with the
first month after retirement, for Association employees who had at least twenty (20)
years of service with the City of Azusa, and who enroll or continue in the City's health
insurance program, the City will contribute monthly to the employee's MPRBP, the
amount of one-half (1 /2) of the premiums for such health insurance, regardless of how
many family members are enrolled. In the event that the employee is single or
widowed, and has no dependents, the City's contribution shall be equal to 100% of
such premium. In the event that the employee passes away and is survived by an
eligible spouse, the benefit shall continue. But, if the employee passes away and has
no surviving spouse the benefit shall not carryover to the surviving dependents. This
plan shall remain in effect until the retiree, or eligible spouse, passes away, whichever
occurs later. Otherwise the benefit shall terminate. Once an individual has qualified
for this provision, he or she shall retain this eligibility. The minimum contribution
(currently $16 per month) that the City pays directly to PERS shall be considered to
be part of the portion paid by the City.
13. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan.
14. LIFE INSURANCE
The City shall provide term life insurance equal to twelve months of salary or
$30,000, whichever is greater, excluding overtime, standby, callback and other forms
of supplemental compensation, for each employee.
15. UNIFORM ALLOWANCE
The City agrees to provide a uniform allowance of five hundred dollars ($500) per year
for all employees who are required to wear or maintain a uniform. At this time it is
not subject to income tax withholding.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
16. WORKWEEK AND TIMEKEEPING INTERVAL
16.1. Workweek
The regular workweek for all employees covered by this document shall be
forty (40) hours for a seven (7) day period beginning at 12:01 a.m. each
Sunday and consists of four (4) days a week and ten (10) hours per day. Daily
hours of work or shifts for employees within departments shall be assigned by
the department head, as required to meet the needs of the department.
16.2. Workday
The workday will consist of ten (10) hours with fifty (50) minutes for lunch and
breaks to be scheduled in light of the departmental policy.
The City reserves the right to determine the beginning and ending times of the
work day.
16.3. 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.
17. 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.
18. PREMIUM PAY
18.1. Training Pay
Association employees shall receive Training Pay at the rate of five percent
(5%) in addition to base salary while assigned to train a person to perform the
functions of their respective divisions.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
19. OVERTIME/COMPENSATORY TIME
Employees shall be entitled to overtime pay or compensatory time off for all hours
worked in excess of ten (10) hours in one work day or forty (40) hours within the
employee's regular work week. For the purposes of this document, 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 a
maximum accrual of two hundred forty (240) hours.
Overtime pay or compensatory time off for overtime pay shall be accumulated in no
less than fifteen 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 or the City Administrator.
Accumulated compensatory time not taken off in the pay period in which it was
earned, may be carried over to a maximum of two hundred forty (240) hours.
20. CALLBACK
If an employee is required to be called back to work after completing his or her normal
shift or after having left City premises or the employee's work location, the employee
shall be compensated at the appropriate rate for each hour worked on callback with
a minimum of (2) hours callback compensation at the appropriate rate, regardless of
whether the employee actually works less than two (2) hours. This provision shall be
applicable to an employee even though the employee's regular work week is not
complete but shall not apply to an employee who is continuing on duty for his/her
normal work shift. For the purposes of this section only, the time starts when the
callback call is received by the employee.
20.1. Appropriate Rate of Pay for Callback
The rate of pay for callback shall be at one and one-half (1 1/2) times the
normal rate of pay, except between 12 midnight and 5 a.m., the first call shall
be compensated at double-time (2) rate. For the purposes of this section only,
the time period to be used in computing whether a callback is the first callback
shall be from 4:00 p.m. to 4:00 p.m. the next calendar day. All other callback
during the same twenty-four (24) hour period shall be compensated at the
double-time (2) rate.
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21. OVERTIME MEAL POLICY
21.1. Beyond Regular Shift
When an employee is required to work continuous, unplanned overtime beyond
his or her regular shift, he or she shall be provided with a meal and time to eat
the meal no more than two hours after the commencement of such work and
no less frequently than every four hours actually worked thereafter or he or she
shall receive a meal reimbursement of nine dollars ($9) for each such period.
21.2. Outside of Regular Shift
When an employee is required to perform scheduled or unscheduled work
outside of his or her regular work hours, as a result of an emergency situation,
he or she shall be provided with a meal and the time to eat the meal no less
frequently than every four (4) hours or a meal reimbursement of nine dollars
($9) for each such four (4) hour period.
21.3. Before 5 a.m.
In the event that an employee is summoned to work before five o'clock in the
morning (5 a.m.) and is required to continue to work into his or her regular.shift
on the same task that he or she was summoned for shall be provided with a
meal and time to eat the meal no less frequently than every four (4) hours or
a meal reimbursement of nine dollars ($9) for each such four (4) hour period.
22. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, an office employee's personal clothing or effects is
accidentally damaged or destroyed, the employee may submit a claim for
reimbursement 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.
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23. TUITION REIMBURSEMENT
23.1. Objective
The tuition reimbursement program is designed to encourage employees to
continue their self -development by enrolling in approved classroom courses
which will:
23.1.1. Educate them in new concepts and methods in their
occupational field and prepare them to meet the changing
demands of their job.
23.1.2. Help prepare them for advancement to positions of greater
responsibility in the City of Azusa.
23.2. Eligibility
Tuition Reimbursement
23.2.1. All regularly appointed employees are eligible to receive
tuition reimbursement. Courses must commence after
appointment and be in excess of the educational standards
for the position. An example of this would be job-related
college or university courses when the specification for the
classification calls for high school graduation.
23.2.2. Courses must be (except where noted below in paragraphs
22.3.3. and 22.3.4.) traditional classroom courses taken at
colleges or universities and approved by the Western
Association of Schools and Colleges. Credits given for non -
classroom assignments such as life experience, military
training, and professional training are not reimbursable.
23.2.3. Coursework must be related to the employee's current
occupation or to a City classification to which the employee
may resonably expect promotion.
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23.3. Courses may be eligible if they:
23.3.1. Are above the educational requirements of the position as
noted in the position specification and are not taken to
acquire skills, knowledge and abilities which the employee
was deemed to have when appointed the position.
23.3.2. Do not duplicate training which the employee has already
had or which is to be provided in-house.
23.3.3. Do not duplicate previously taken courses unless special
approval has been granted by the department head and the
Human Resources Division.
23.3.4. Are required for the completion of the pre -approved job-
related major. An example would be general education or
elective requirements for the major as stated in the school
catalog. Remedial courses or those taken as required for a
non -approved major shall be eligible.
23.3.5. Are not taken on City time and must be certified that they
are taken on the employee's off-duty time.
23.3.6. Are part of a bona -fide curriculum of the study of the
Spanish language.
23.3.7. Have been approved by the Department Head before
commencement of the class.
23.4. Reimbursement
23.4.1. The City shall reimburse employees for tuition, registration
fees and texts required for the eligible courses. Expenses
for parking, travel, meals, processing fees, transcript fees,
materials and any other costs are not reimbursable.
23.4.2. Employees shall be reimbursed up to the dollar amount
charged for the same number of units per term by California
State University system.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
23.4.3. In order to be reviewed, each application must state exactly
which units or credits the employee is applying for and
whether the courses submitted are core courses or
recommended electives for the approved major.
23.4.4. Reimbursement shall be made upon completion of the
course with a minimum final grade of "C" or its equivalent,
i.e., a pass in a pass/fail course will be considered
equivalent to a "C". No reimbursement shall be made for
audited or incomplete courses.
23.4.5. Employees must submit from the attendant institution an
original certification of fees paid and grade acheived in
order to have their application considered for
reimbursement. These documents must accompany the
reimbursement application form in order to be processed.
23.4.6. Application for reimbursement must be submitted within
three months of the completion of the approved course in
order to be considered for reimbursement.
23.4.7. Upon termination from employment, employees shall be
required to reimburse the City for any funds received under
this program for courses completed during the last 12
months of employment. This payback provision does not
apply to employees laid off by the City or who separate as
a result of a City/departmental reorganization.
24. LICENSE RENEWAL
The City agrees to pay the cost of maintaining certifications and licenses that are
within the minimum requirements for the licensee's job.
25. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM
25.1. The Computer and Home Exercise Equipment Loan Plan described
below shall be made available to full time regular employees. Eligibility
is limited to employees who have completed their initial probation
period with the City.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
25.2. The equipment configuration shall be appropriate to the employee's
position and career with the City.
25.3. The City will recommend a vendor who has agreed to provide discount
pricing.
25.4. It is the employee's responsibility to negotiate the price for the
equipment and to bring a copy of the order/quote to the City for
approval 2Lr to purchase.
25.5. The employee shall complete a Promissory Note provided by Finance.
The City will fund the loan on an interest free basis. Loan payments
must be by payroll deduction. Each loan payment period shall not
exceed two years and the aggregate value of all loan(s) shall not
exceed $5,000 per employee. In order for an employee to receive a
loan under the Plan for equipment upgrades for purchase of equipment
components which are part of the City approved minimum
configuration, the employee must certify that he/she already owns the
remaining components required to meet the minimum equipment
configuration.
25.6. The plan will not apply to any equipment purchased prior to November
1, 1993.
25.7. Any remaining loan balance must be paid in full at time of separation
of employment. Payment will be made directly and/or by deduction
from the last paycheck. In the event an outstanding balance remains,
the employee is responsible for making payment arrangements. The
failure to make full payment will obligate the employee to pay the
City's attorneys fees in any restitution process.
26. SICK LEAVE
Sick leave shall not be construed as a right which an employee may use at his or her
discretion, but shall be allowed only in case of necessity or actual sickness or
disability.
Sick leave may be taken during the probationary period but only in such amount as
the employee would have earned if on permanent status. If the employee does not
become permanent, all paid sick leave must be reimbursed to the City at the time of
termination of employment or it shall be deducted from the employee's final paycheck.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
The Finance Department will analyze and report to the employees the amount of sick
leave earned, less the amount used, and the net accrued during the calendar year.
26.1. Reasons for Use of Sick Leave
Sick leave shall be granted for the following reasons:
(1) Personal illness or physical incapacity.
(2) The illness of a member of the employee's immediate family
(father, mother, sister or brother), or members of the employee's
household (husband, wife, and children) that require the
employees' personal care and attention.
(3) Enforced quarantine of the employee in accordance with Health
Department regulations.
(4) Medical, dental, and optical appointments.
(5) Personal business not to exceed a maximum of thirty (30) hours
during any one (1) year. "Personal business" means those items
of personal business that can only be taken care of during regular
working hours of the employee. Personal business leave shall be
approved or disapproved by the department head in accordance
with this section. Sick Leave taken as "Personal Business" Leave
shall not be taken into consideration in employee performance
evaluations.
26.2. Restrictions on Sick Leave
(1) Disability arising from any sickness or injury purposely self-
inflicted.
(2) Sickness or disability sustained while on leave of absence, other
than regular vacation leave.
(3) Disability or illness arising from compensated employment other
than with the City.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
26.3. Accrual and Use
Sick leave with pay shall accrue to employees at the rate of ten hours per
month for each calendar month of paid employment, with unlimited
accumulation. Sick leave shall not be taken in units of less than one-half hour.
26.4. Advance Sick Leave
(1) Permanent employees may be allowed sick leave in advance of
accrual up to a maximum of twelve (12) working days on approval
of the department head and the City Administrator.
(2) Probationary employees serving in entry-level positions may be
allowed sick leave in advance of accrual up to a maximum of six
(6) working days on approval of the department head and City
Administrator where the employee has completed at least thirty
(30) calendar days of service with the City. If the employees does
not become permanent, all paid sick leave must be reimbursed to
the City or deducted from the employee's final paycheck.
26.5. Sick Leave During Vacation
If an employee becomes ill or injured while on vacation, he or she may, by
completing a Leave Request Form, use accrued sick leave time in lieu of
vacation time for the period of disability.
26.6. 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 or 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.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
26.7. One -Third Conversion
If the employee has used no more than three 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 or 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 or unconverted leave would then be added to
the employee's sick leave balance.
26.8. Conversion to Cash upon Retirement or Separation
The employee may convert fifty percent (50%) of his or her accrued Sick Leave
balance to cash upon death (provided he or she has attained permanent status);
disability retirement (provided he or she has been employed by the City a
minimum of five (5) years); or voluntary retirement (provided he or she has
been employed by the City a minimum of ten (10) years.
Upon separation for other reasons the employee may convert fifty percent
(50%) 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 two hundred forty
(240) hours.
26.9. Conversion Deadline
A decision to convert sick leave according to the policies stated shall be made
by March 31.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
27. BEREAVEMENT LEAVE
An employee may be permitted to take up to forty (40) hours of Bereavement Leave
in the event of the death of a member of his or her immediate family. "Immediate
family" member is herewith defined as a mother, father, brother, sister, domestic
partner, child, mother-in-law, father-in-law, grandparents or relative living within the
employee's household. Person 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 (20) hours of sick leave in the event of the death of an immediate family
member. Such leave shall be charged against the employee's accrued Sick Leave
balance and shall be considered in calculating his or her ability to convert the balance.
28. VACATION
28.1. Required Usage and Carryover
An employee shall be required to use one half (1 /2) of his/her 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 (52) times the then -current pay period rate of vacation accrual. This
maximum is waived, however, until June 30, 1996. 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 work load 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.
28.2. Cash -In Policy
All employees shall be allowed to cash in one-half (1/2) of the annual vacation
accrual per year in lieu of carrying it over.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
28.3. 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
...... 210 hours per year
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
29. HOLIDAYS
29.1. Designated Holidays
The employee shall receive time off with pay for the following holidays but only
if the employee is paid for the workday that precedes or follows the holiday.
If a holiday falls on an employee's scheduled day off, the employee shall
receive the holiday on the next scheduled business day.
The dates upon which these holidays shall be observed are listed below:
Holiday Schedule:
Month
93-94
4-9
95-96
Independence Day
July
5
4
4 4
Labor Day
September
6
5
4
Columbus Day
October
11
10
9
Veteran's Day
November
11
14
13
Thanksgiving Day
November
25
24
23
Christmas Day
December
25
25
25
New Year's Day
January
1
1
1
Martin Luther King Day
January
17
16
15
President's Day
February
21
20
19
Memorial Day
May
30
29
27
29.2. Floating Holidays
The City and the Association agree to two floating holidays of ten (10) hours
each. All floating holidays shall be requested in advance from the appropriate
department head or division chief. Enough employees shall remain at work
during floating holidays so that the City's business may be conducted.
Floating holidays shall accrue on July 1 and must be taken by the following
June 30, or the hours will be forfeited.
30. LAYOFF
The City agrees that in the event employees represented by the Association are laid
off from their employment, a minimum of forty-five (45) calendar days notice will be
given to each individual affected employee. Such notice shall be in writing and signed
by an appropriate management employee.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
31. INDUSTRIAL LEAVE
A regular employee who is temporarily or permanently incapacitated 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:
A. An employee granted industrial leave shall continue to be compensated
at his regular rate of pay in lieu of temporary disability payments.
B. 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 (A) above.
C. 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 nine (9) months. Supporting medical
documentation must accompany such requests for leave and be
submitted thirty (30) days prior to expiration date.
Prior to the end of the nine (9) months of paid leave pursuant to this
section, the employee may apply for benefits under the City's long-term
disability plan. If the employee is qualified to receive benefits under the
disability plan, vacation and sick leave shall accrue, and the city shall
continue to pay benefits under the City's Flexible Benefit Plan and Public
Employees' Retirement System (PERS) so far as required by law for such
employee for an additional three (3) month period. An employee
receiving long-term disability may be eligible to return to work on or
before three (3) months from the time employee began receiving long-
term disability benefits. The employee shall notify the department head
as soon as practicable as to whether he or she will be returning to work
prior to the expiration of the three-month period in which the employee
has been on long term disability.
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
D. Except as provided in B 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.
E. Industrial leave shall expire when one of the following conditions occurs:
(1) Employee is able to return to work to his regular position.
(2) 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:
(a) The employee's condition is determined to be
permanent or of an extended duration.
(b) The degree of disability precludes continued
employment by the employee in his/her present
position.
(3) After thirty-nine (39) weeks of industrial disability payments.
F. 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.)
32. LONG TERM DISABILITY INSURANCE
32.1. The CITY shall maintain in effect for the term of this agreement a long-
term disability plan covering EMPLOYEES set forth herein. Said plan
shall provide an employee with a maximum of two-thirds (2/3) of his/her
base salary. An employee may utilize his/her accrued sick leave,
vacation, and/or compensatory time to supplement the LTD payment so
as to receive 100% of his/her base salary.
32.2. Long term disability benefits shall not commence until thirty (30)
calendar days of employment.
32.3. The City shall form a committee composed of one member of each
bargaining unit and members of the management staff to review
P,!
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MEMORANDUM OF UNDERSTANDING, CAPP, JULY 1, 1993
alternatives to the current LTD plan, including the plan benefits and the
costs of such benefits. In the event a new LTD plan is implemented, it
shall introduce "offset" from disability pay for sick leave pay but shall
not provide a lesser level of benefits than currently provided, and shall
be based on the following criteria. It may not be possible to meet all of
these criteria:.
32.3.1. Employees will be covered for long term disability benefits
through an Association sponsored LTD Plan;
32.3.2. The Plan should provide 66% of the employees monthly
salary;
32.3.3. There will be a 30 calendar day waiting period and a benefit
to age 65;
32.3.4. For the first 30 days of non -job related illness or injury, the
employee will use accrued sick leave, compensatory time
or vacation leave;
32.3.5. The employee will be allowed to use accrued sick leave in
conjunction with the long term disability plan to provide for
a full pay check;
32.3.6. At no time will an employee receive more than 100% of
their base pay;
32.3.7. Coverage in both of the City's sponsored UNUM plans will
cease;
32.3.8. The new disability plan will be at a rate substantially less
than the current City plan.
33. IMPLEMENTATION
This document is subject to approval of the City Council of the City of Azusa, and
following such approval shall be implemented by appropriate resolution(s) or
ordinance(s) of the City Council.
25
MEMORANDUM OF UNDERSTANDING
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
JULY 1, 1993
EXHIBIT "A" -- 1993-1994
MONTHLY SALARY
Classification
Range
1
2
3
4
5
6
7
Community Service Officer
9164
2229.46
2335.84
2447.53
2564.81
2687.95
2755.15
2822.35
Jailer
9164
2229.46
2335.84
2447.53
2564.81
2687.95
2755.15
2822.35
Police Cadet
9140
1777.52
1861.29
1949.26
2041.62
2138.60
2192.07
2245.53
Police Dispatcher
9164
2229.46
2335.84
2447.53
2564.81
2687.95
2755.15
2822.35
Police Records Specialist 1
9140
1777.52
1861.29
1949.26
2041.62
2138.60
2192.07
2245.53
Police Records Specialist II
9150
1952.81
2045.36
2142.52
2244.55
2351.68
2410.47
2469.26 •
EXHIBIT "B" -- 1994-1995
EXHIBIT "C" -- 1995-1996
REGULAR
REGULAR
STEPS
SPECIAL LONGEVITY STEPS
Classification
Range
1
2
2
3
3
4
4
5
6
7
Community Service Officer
9164
2318.64
2411.38
2429.27
2545.43
2667.40
2795.47
2907.29
2865.36
2935.24
Jailer
9164
2318.64
9164
2429.27
2526.44
2545.43
2647.25
2667.40
2795.47
2865.36
2935.24
Police Cadet
9140
1848.62
Police Cadet
1935.74
1922.57
2027.23
2123.28
2224.14
2208.22
2279.75
2335.35
Police Dispatcher
9164
2318.64
2428.77
2429.27
9164
2545.43
2526.44
2667.40
2795.47
2865.36
2935.24
Police Records Specialist 1
9140
1848.62
1935.74
Police Records Specialist 1
2027.23
1922.57
2123.28
2224.14
2108.32
2279.75
2335.35
Police Records Specialist II
9150
2030.92
2370.94
2127.17
2428.77
2228.22
9150
2334.33
2445.75
2506.89
2568.03
EXHIBIT "C" -- 1995-1996
'Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
NET
REGULAR
STEPS
SPECIAL LONGEVITY STEPS
Classification
Range
1
2
3
4
5
6
7 •
Community Service Officer
9164
2411.38
2526.44
2647.25
2774.10
2907.29
2979.97
3052.65
Jailer
9164
2411.38
2526.44
2647.25
2774.10
2907.29
2979.97
3052.65
Police Cadet
9140
1922.57
2013.17
2108.32
2208.22
2313.11
2370.94
2428.77
Police Dispatcher
9164
2411.38
2526.44
2647.25
2774.10
2907.29
2979.97
3052.65
Police Records Specialist 1
9140
1922.57
2013.17
2108.32
2208.22
2313.11
2370.94
2428.77
Police Records Specialist II
9150
2112.16
2212.26
2317.35
2427.71
2543.58
2607.16
2670.75
'Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places.
NET
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MEMORANDUM OF UNDERSTANDING
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
JULY 1, 1993
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
BY l
DATE
DATE Com// /9`t"
BYDATE
� T
BY .
CITY OF AZUSA
DATE J- - ( 'Q V
BY DATE
BYJDATE
BY DA
27
INDEX
Accrual 11, 18-21
Accrual and Use 18
Advance Sick Leave 18
Amount of Monthly Benefit 7
Anti -Discrimination 4
Appropriate Rate of Pay for Callback 11
Automatic Payroll Deposit 2
Before 5 a.m. 12
BEREAVEMENT LEAVE 20
Beyond Regular Shift 12
Bilingual Pay 2
CALLBACK 9, 11
Cash -In Policy 20
CITY RIGHTS 4, 6
COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM 15
Conformance with Rules 6
Conversion Deadline 19
Courses may be eligible if they: 14
COURT TIME 10
DAMAGE TO PERSONAL EFFECTS 12
Definition 7
Designated Holidays 22
Eligibility 7-9, 13, 15
EMPLOYEE ASSISTANCE PLAN 9
FLEXIBLE BENEFIT PLAN 7, 23
Floating Holidays 22
HEALTH INSURANCE DURING RETIREMENT 9
HOLIDAYS 7, 8, 22
IMPLEMENTATION 1, 2, 25
INDUSTRIAL LEAVE 23, 24
LAYOFF 22
LICENSE RENEWAL 15
LIFE INSURANCE 9
LONGTERM DISABILITY INSURANCE 24
Longevity Pay 3
MAINTENANCE OF EXISTING BENEFITS 7
Management Rights 4, 6
0
Meet and Confer 6
NON-DISCRIMINATION 4
Objective 13
One -Fourth Conversion 18
One -Third Conversion 19
Outside of Regular Shift 12
OVERTIME MEAL POLICY 12
OVERTIME/COMPENSATORY TIME 11
PREMIUM PAY 10
Protection of Rights 4
Reasons for Use of Sick Leave 17
Reimbursement 12-15
REOPENER 1,2
Required Usage and Carryover 20
Restrictions on Sick Leave 17
RETIREMENT 3, 9, 19, 23, 24
SALARY 1-4, 6, 9, 10, 24-26
SAVINGS CLAUSE 2
SEPARABILITY 6
Shift Differential 3
SICK LEAVE 3, 8, 11, 16-20, 23-25
Sick Leave During Vacation 18
TERM 1, 7, 9, 14, 23-25
Termination 8, 15, 16
Timekeeping Interval 10
TOTAL COMPENSATION 4
Training Pay 10
TUITION REIMBURSEMENT 13
UNIFORM ALLOWANCE 9
VACATION 17-21, 23-25
Workday 10, 22
Workweek 10
WORKWEEK AND TIMEKEEPING INTERVAL 10
Yearly Increase 7
0