HomeMy WebLinkAboutResolution No. 04-C880 0
RESOLUTION NO. 04-C88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE AZUSA POLICE OFFICERS
ASSOCIATION EFFECTIVE August 1, 2004, THROUGH JULY 31,
2005
WHEREAS, the City Council acknowledges the Azusa Police Officers Association as
the recd nized employee organization representing those personnel occupying the positions
identifiedgin the attached Memorandum of Understanding between the City and the Azusa Police
Officers Association (APOA), and
WHEREAS, the Memorandum between the Cityof Azusa and the APOAexpired July
31, 2004, and it is appropriate for the management of the City to receive proposals that govern the
compensation, benefits and working conditions of City employees, and
WHEREAS, the representatives of management and representatives of APOA have
met on numerous occasions during the last 6 months and have discussed the issues between them
and have bargained in good faith, and
WHEREAS, management and APOA have come to an agreement with regard to
every issue, and
WHEREAS, the new Memorandum of Understanding between the CitvofAzusa and
the APOA covering the period of August 1, 2004 through July 31, 2005, is attached
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa
does hereby approve the Memorandum of Un iding attached hereto and does direct the
representatives of management to affix their nature thereon.
The) Cle* shall certifyke passagii of this Resolution.
D this W day of November, 2004.
I HEREBY CERTIFY that the foregoing Resolution wqs duly passed by the City
Council of the City of Azusa at a regular meeting thereof held on the 6 day of November, 2000.
AYES: COUNCILMEMBERS: HARDISON, STANFORD, CHAGNON, ROCHA, MADRID
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
0
r
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND THE
AZUSA POLICE OFFICERS ASSOCIATION
EFFECTIVE 8-1-2004 THRU 7-31-2005
• TABLE OF CONTENTS 0
1.
TERM OF MEMORANDUM OF UNDERSTANDING.................................................................1
2.
CONTINUATION OF BENEFITS, TERMS, AND CONDITIONS OF EMPLOYMENT ........................1
3.
MANAGEMENT RIGHTS.....................................................................................................1
4.
WORKWEEK AND TIMEKEEPING INTERVAL.......................................................................2
5.
SALARY...........................................................................................................................2
6.
ADDITIONAL COMPENSATION/PREMIUM PAY.....................................................................3
6.1
Acting Employee...............................................................................................................
3
6.2.
Bilingual Pay...................................................................................................................
3
6.3.
Callout................................ ............. ........ ............ .................. .... .... ........ .... ............
..........3
6.4.
Deferred Compensation.....................................................................................................
4
6.5.
Educational Incentive Pay..................................................................................................
4
6.6.
Holiday Pay (See also 7.2. Holidays)....................................................................................
4
6.7.
Longevity Pay..................................................................................................................
4
6.8
Off Duty Court Appearance Time........................................................................................
5
6.9
Standby ("On Calf') Pay.....................................................................................................
6
6.10.
Overtime/Compensatory Time.........................................................................................
6
6.11.
Special Assignments......................................................................................................
6
6.12.
Shift Differential............................................................................................................
7
6.13.
Training Pay (Police Officer)............................................................................................
7
6.14.
Training Pay (Corporal)...................................................................................................
7
6.15.
Uniform Allowance.........................................................................................................
7
7.
LEAVE/DAYS OFF............................................................................................................7
7.1.
Bereavement Leave............................................................................................................7
7.2.
Holidays (see also 6.6. Holiday Pay).......................................................................................7
7.3
Industrial Leave..................................................................................................................8
7.4.
Personal Leave..................................................................................................................9
7.5.
Sick Leave........................................................................................................................9
7.6.
Vacation Leave....................................................................................................................11
8.
CLOTHING DAMAGE REIMBURSEMENT.............................................................................12
9.
COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM. ......................................
12
10.
DISABILITY INSURANCE (SHORT/LONG TERM)..................................................................13
11.
EMPLOYEE ASSISTANCE PLAN........................................................................................13
12.
FLEXIBLE BENEFITON..............................
I.................. ...........................................13
13.
LIFE INSURANCE............................................................................................................14
14.
OUTSIDE EMPLOYMENT..................................................................................................14
15.
PHYSICAL EXAMINATIONS...............................................................................................14
16.
RETIREMENT...................................................................................................................14
17.
SAFETY EQUIPMENT.......................................................................................................16
18.
TUITION REIMBURSEMENT......................:.......................................................................16
19.
POLICIES.....................................................................................................................
17
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0
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE
AZUSA POLICE OFFICERS' ASSOCIATION
AUGUST 1, 2004 through JULY 31, 2005
This Memorandum of Understanding is entered into with reference to the following facts:
(1) The Azusa Police Officers' Association (APOA) (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 Section 2.1
(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.
(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 as follows:
1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding (MOU) shall commence August 1, 2004, and shall continue in full
force and effect until July 31, 2005.
2. 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.
3. MANAGEMENT RIGHTS
3.1 The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not
been expressly abridged by specific provisions(s) of this Memorandum of Understanding or by law to manage
the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and
exclusive rights of Management, as they are not abridged by this agreement or by law, shall include, but not be
limited to, the following rights:
3.1.1 Determine the mission of its constituent departments, commissions and boards;
3.1.2 Set standards of service;
3.1.3 Determine the procedures and standards of selection for employment and promotion;
3.1.4 Direct its employees;
3.1.5 Take disciplinary action;
3.1.6 Relieve its employees from duty because of lack of work or for other legitimate reasons;
3.1.7 Maintain the efficiency of governmental operations;
3.1.8 Determine the methods, means and personnel by which government operations are to be
conducted;
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2004 THRSH 7-31-2005
3.1.9 Determine the allocation and content of job classifications;
3.1.10 Take all necessary actions to carry out its mission in emergencies; and
3.1.11 Exercise complete control and direction over its organization and technology of performing its
work.
3.2 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 the matter of the exercise of such rights is provided for in this
Memorandum of Understanding, or in Personnel Rules and Salary Resolutions and Administrative
Code(s) which are incorporated in this Agreement. 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.
4. WORKWEEK AND TIMEKEEPING INTERVAL
4.1. Work Week
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 shall consist of four (4) days a week and ten (10)
hours per day. 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.
4.2. Workday
The workday will consist of ten (10) hours with lunch and breaks to be scheduled in light of departmental
policy.
The City reserves the right to determine the beginning and ending times of the work day.
4.3. 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.
5. SALARY
5.1 Effective August 1, 2000, the base monthly salary shall be as follows:
Classification
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Police Officer
6101
$3,898.99
$4,085.87
$4,285.12
$4,488.14
$4,704.49
Police Corporal
6106
$4,093.94
$4,290.16
$4,499.38
$4,712.55
$4,939.71
Police Sergeant
6501
$4,676.81
$4,902.57
$5,139.66
$5,388.60
$5,649.93
'Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to
4 decimal places.
5.2 Effective July 1, 2002, each employee shall receive a cost of living increase in the base monthly salary
based on the March to March change in the Consumer Price index (as measured by the Los Angeles -
APOA MEMORANDUM OF UNDEOANDING, EfFECTIVE 8-1-2004 THROLO 7-31-2005
Riverside -Orange County CA, CPI -U, All items) to a maximum of 3%
5.3 Using the same cities, wage and benefits components, and methodology as were used in the survey
conducted in the year 2000, the City shall conduct a survey, effective July 1, 2003, to determine the total
compensation rank of the Police Officer, Police Corporal and Police Sergeant classifications, in the City of
Azusa among the survey cities. Based on the survey results, any classification below the rank of number
one in total compensation among the survey cities shall be granted an increase in compensation effective
July 1, 2003, equal to the amount required to bring said classification to the rank of number one in total
compensation among the survey cities. The application of any increase in compensation due under this
section shall be subject to the meet and confer process.
For example, if based on the survey, Police Officer and Police Corporal classifications are ranked number
one in total compensation among survey cities, and the Police Sergeant classification is below the rank of
number one, the Police Sergeant classification would receive an increase in compensation in an amount
that brings the Police Sergeant Classification to number one in total compensation among survey cities.
Under this example, the Police Officer and Police Corporal classifications would not receive an increase in
compensation.
5.4. Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the
Automated Clearing House service.
6. ADDITIONAL COMPENSATION/PREMIUM PAY
6.1 Acting Employee
An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of Vacation or
when on Sick Leave.
6.2. Bilingual Pay
In addition to monthly basic pay, the city shall pay an incentive to personnel demonstrating a proficiency in
a major foreign language if they are assigned and required to speak and translate the language in
performance of their duties.
Such additional payment is conditional upon demonstration of language proficiency by a qualified third -
party examiner mutually agreed upon by both the City and the Association.
The incentive paid shall be $200 per month; provided, however, that employees receiving a greater dollar
amount for bilingual pay on the effective date of this MOU shall continue to receive the higher dollar
amount.
6.3. Callout
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 Callout with a minimum of (2) hours Callout compensation, 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 Callout call is received by the employee.
6.3.1. Appropriate Rate of Pay for Callout
The rate of pay for Callout shall be one and one-half (1%) times the normal rate of pay. Callout may be
entered as Premium Overtime or as Compensatory Time Earned.
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2004 THROUGH 7-31-2005
6.4. Deferred Compensation (City Paid)
For those employees with the classification of Police Sergeant: $90 per month in deferred compensation.
6.5. Educational Incentive Pay
6.5.1. The City will pay two and one-half percent (2.5%) of the "sworn" employee's base 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, but not to exceed
$100 per a month for Police Officer and Police Corporal and $125 for Police Sergeant
6.5.2. 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, but not to exceed $200 per a
month for Police Officer and Police Corporal and $250 for Police Sergeant.
Neither 6.5.1. nor 6.5.2 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.
6.5.3 Notwithstanding the foregoing, employees receiving a greater amount for education incentive pay
on the effective date of this MOU shall continue to receive the higher dollar amount.
6.6. Holiday Pay (See also 7.2. Holidays)
Shift Personnel - Employees shall receive an additional 100 hours pay per year (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.
Special Assignments - Employees on special assignments who work other than the 4 day, 10 hour/day
week shall be compensated accordingly.
6.7. Longevity Pay
6.7.1 The monthly longevity pay for employees hired on or afterAugust 1, 2000, shall be in accordance
with the following schedule:
7yrs =$100
10 yrs = $200
15 yrs = $300
20 yrs = $400
6.7.2 The monthly longevity pay for employees hired prior to August 1, 2000, shall be in accordance
with the following schedule:
POLICE OFFICER
7 yrs
$117.61
10 yrs
$235.22
15 yrs
$352.84
20 yrs
$470.45
El
APOA MEMORANDUM OF UNDEMANDING, EFFECTIVE 8-1-2004 THROUS 7-31-2005
POLICE CORPORAL
7 yrs $123.49
10 yrs $246.99
15 yrs $370.48
20 yrs $493.97
POLICE SERGEANT
7 yrs
$141.25
10 yrs
$282.50
15 yrs
$423.74
20 yrs
$564.99
6.7.3 Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity
pay than the amount provided for under Section 6.7.2. shall continue to receive the higher dollar
amount until eligible for an increase based on the schedule set forth in Section 6.7.2.
6.8 Off Duty Court Appearance Time
6.8.1 Off -Duty Court Appearance Time is applicable only for court appearances scheduled to begin
during off-duty hours. Except as provided above, court time during regularly -scheduled working
hours shall be compensated at straight time on an hour -for -hour basis.
The City agrees to pay for Off -Duty Court Appearance Time on an hour -for -hour basis with a
minimum of four (4) hours of pay at the appropriate rate (currently time and one-half).
For example, if an employee's shift begins at 3 p.m. and the employee's Off Duty Court
Appearance begins at 2 p.m., the employee will be entitled to a minimum of four hours of Off -
Duty Court Appearance Time pay. Off -Duty Court Appearance Time shall begin to accrue as
early as 8:30 a.m. or the court -requested show -up hour, whichever is later. In cases where
the appearance is canceled by the court (either directly or through the Department), the
employee must be personally notified of such cancellation by the Department no later than
6:00 p.m. of the previous court day, or a guaranteed minimum of four (4) hours of Off -Duty
Court Appearance Time shall apply. "Personal" notification shall be defined as any one of the
following (to be agreed upon in advance between the employee and the department court
officer):
• In person,
• To a responsible message taker, or
• Via an answering machine or voice mail
6.8.2 If the court or the Department requires an employee who makes an off-duty court appearance to
also stand by on the same day (for that appearance and/or another one), the employee shall be
entitled to receive pay for one of the following, whichever is greater:
6.8.2.1 The actual time in court (or the four-hour Off -Duty Court Appearance Time minimum,
whichever is greater), plus the actual time standing by; or
6.8.2.2 The actual time standing by (or the four-hour Standby Time minimum, whichever is
greater) plus the actual time in court.
6.9 Standby ("On Call") Pay
The City agrees to pay for court Standby Time (or other "On Call" time) on an hour -for -hour basis with a
minimum of four (4) hours of regular pay. Court Standby Time shall begin to accrue as early as 8:30 a.m.
or the court -requested show up hour, whichever is later, and shall continue no later than 5:30 p.m. In
cases where the appearance is canceled (either directly by the court or through the Department), the
APOA MEMORANDUM OF UNIOSTANDING, EFFECTIVE 8-1-2004 THRSH 7-31-2005
employee must be personally notified of such cancellation by the Department no laterthan 6:00 p.m. of the
previous court day, or a guaranteed minimum of four (4) hours of Standby Time shall apply. "Personal"
notification shall be defined as any one of the following (to be agreed upon in advance between the
employee and the department Court Officer):
• In person,
• To a responsible message taker, or
• Via an answering machine or voice mail
6.10. Overtime/Compensatory Time
Employees shall be entitled to Overtime Payor compensatory time off at the rate of one and one-half (1'/2)
times the employee's hourly rate for all hours worked in excess of ten (10) hours in one work day or forty
(40) hours within the employee's regular workweek. 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).
6.11. Special Assignments
In addition to monthly basic pay, the following assignments, when made by the Chief of Police or his
designee, shall receive two and one-half percent (2.5%):
K-9 Officer
Bicycle Patrol Officer
In addition to monthly basic pay, the following assignment, when made by the Chief of Police or his
designee, shall receive five percent (5%):
Motor Officer
In addition to monthly basic pay, the following assignments, when made by the Chief of Police or his
designee, shall receive a minimum of ten (10) hours per month of Standby time, at the Premium rate
(currently time -and -one-half):
Detective
SET Detective
Gang Detective
6.12. Shift Differential
Persons assigned to the following shifts will be compensated for all hours worked as follows:
Swing shift: additional $.54 per hour
Morning shift: additional $1.08 per hour
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.
APOA MEMORANDUM OF UNDEWANDING, EFFECTIVE 8-1-2004 THROt9 7-31-2005
6.13. Training Pay (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).
6.14. Training Pay (Corporal)
For employees assigned to the classification of Corporal only, the City shall pay one percent (1%) in.
addition to base salary while assigned duties of a Field Training Officer (FTO).
6.15. Uniform Allowance
The uniform allowance for "sworn" employees is $760 per year and will be paid by the City in November.
At this time it is not subject to income tax withholding.
LEAVE/DAYS OFF
7.1. Bereavement Leave
An employee may be permitted to take up to forty (40) 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 (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
Sick Leave balance and shall be considered in calculating his or her ability to convert the balance.
7.2. Holidays (see also 6.6. Holiday Pay)
7.2.1. 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:
APOA MEMORANDUM OF UNOSTANDING, EFFECTIVE 8.1-2004 THRSH 7-31-2005
Holiday
Month
2000-
2001
2001-
2002
2002-
2003
2003-
2004
2004-
2005
Independence Day
July
4
4
4
7`
5`
Labor Day
Sept
4-
3"
2-
1'
6'
Columbus Day
Oct
9`
8`
14`
13'
11`
Veteran's Day
Nov
13"
12'
11`
11
11
Thanksgiving Day
Nov
23
22
28
27
25
Christmas Day
Dec
25'
25
25
25
27`
New Year's Day
Jan
1'
1
1
1
3"
Martin Luther King Day.
Jan
15'
21'
20`
19
17`
President's Day
Feb
19'
18'
17'
16
21`
Memorial Day
May
28`
27"
26`
31
30"
'indicates Monday
7.3 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:
7.3.1 An employee granted industrial leave shall continue to be compensated at his regular rate of pay
in lieu of temporary disability payments.
7.3.2 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.
7.3.3 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 be submitted thirty (30) days prior to expiration date.
7.3.4 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.
7.3.5 Industrial leave shall expire when one of the following conditions occurs:
7.3.5.1 Employee is able to return to work to his regular position.
7.3.5.2 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:
7.3.5.3 The employee's condition is determined to be permanent or of an extended duration.
7.3.5.4 The degree of disability precludes continued employment by the employee in his/her
present position.
APOA MEMORANDUM OF UNDEWANDING, EFFECTIVE 8-1-2004 THROLO 7-31-2005
7.3.5.5 After fifty-two (52) weeks of industrial disability payments.
7.3.6 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.)
7.4. Personal Leave
Thirty (30) hours Personal Leave may be taken by employee. Personal Leave is to be distinguished from
Personal Business Leave in that it does not have particular requirements for its use and is not deducted
from the employee's Sick Leave balance. An Employee Leave Request must be approved by the
appropriate department head prior to the use of Personal Leave and such leave may not be carried over into
the next fiscal year or cashed in if it is not used. Personal Leave shall be granted with due regard for the
employee's wishes and the operational needs of the department. This Personal Leave is also to be
considered similar to Vacation Leave in that an open shift can be filled with overtime coverage.
7.6. 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.
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.
7.5.1. Sick Leave During Probation
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.
7.5.2. Reasons for Use of Sick Leave
Sick Leave shall be granted for the following reasons:
7.5.2.1 Personal illness or physical incapacity.
7.5.2.2 Up to 12 days per year for 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 employee's personal care and attention. Additional
time, up to 12 weeks, could be approved by the department head when treatment for an
illness, injury or condition which may be expected to be of long duration, has no
reasonably predictable date of termination and requires continuous or intermittent care by
the employee.
7.5.2.3 Enforced quarantine of the employee in accordance with Health Department regulations.
7.5.2.4 Medical, dental, and optical appointments.
7.5.2.5 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.
Departments are to use the earning code PB for this purpose. Personal Business shall be
debited against the employee's Sick Leave balance but Sick Leave taken as Personal
Business Leave shall not be taken into consideration for the purposes of the Sick Leave
APOA MEMORANDUM OF UNSSTANDING, EFFECTIVE 8-1-2000 THR0GH 7-31-200
Cash -In program or with regard to employee performance evaluations. Employee shall
give as much advance notice as reasonably possible when requesting Personal Business
Leave.
7.5.2.6 In the foregoing circumstances, Sick Leave must be exhausted before compensatory time
off or Vacation Leave may be converted to Sick Leave.
7.5.3. Restrictions on Sick Leave
7.5.3.1 Disability arising from any sickness or injury purposely self-inflicted.
7.5.3.2 Sickness or disability sustained while on leave of absence, other than regular Vacation Leave.
7.5.3.3 Disability or illness arising from compensated employment other than with the City.
7.5.4. 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.
7.5.5. Sick Leave Donation Policy
Employees shall be eligible for sick leave donation from co-workers in accordance with the City's
policy.
7.5.6. Sick Leave During Vacation
If an employee becomes ill or injured while on vacation, he or she may, by completing an Employee
Leave Request Form, use accrued Sick Leave time in lieu of vacation time for the period of disability.
7.5.7. One -Fourth Conversion
If the employee has used more than three, but not more than six days of Sick Leave, excluding time
spent on personal business or bereavement, he or she would have the following options:
7.5.7.1 Carry over the accrual and add it to his or her Sick Leave balance.
7.5.7.2 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.
7.5.8. One -Third Conversion
If the employee has used no more than three days of Sick Leave, excluding time spent on personal
business or bereavement, he or she would have the following options:
7.5.8.1 Carry over the accrual and add it to his or her Sick Leave balance.
7.5.8.2 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.
10
APOA MEMORANDUM OF UNDE&ANDING, EFFECTIVE 8-1-2004 THROIA 7-31-2005
7.5.9. Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be made by March 31.
7.5.10. Conversion to Cash Upon Separation
Upon separation due to death (if he or she had attained permanent status) the employee's estate may
receive fifty percent (50%) of his or her accrued Sick Leave balance in cash.
Upon disability retirement with at least five (5) years of service with the City of Azusa, the employee
may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash.
Upon voluntary separation with less than ten (10) cumulative years of sworn safety service with the
City of Azusa Police Department, the employee may convertfifty 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.
Upon voluntary retirement with at least ten (10) years of City service, the employee may convert fifty
percent (50%) of his or her accrued Sick Leave balance to cash.
Upon voluntary separation with at least ten (10) cumulative years of sworn safety service with the City
of Azusa Police Department, the employee may convert fifty percent (50%) of his or her accrued Sick
Leave balance to cash.
Upon voluntary separation with at least twenty-five (25) cumulative years of sworn safety service with
the City of Azusa Police Department, the employee may convert one hundred percent (100%) of his
or her accrued Sick Leave balance to cash.
7.5.11. Conversion to Service Credit Upon Retirement
Pursuant to the terms of the City's contract, as amended, with the Public Employees' Retirement
System, upon voluntary retirement the employee may convert 100% of his or her accrued Sick Leave
balance, less any amount converted to cash under the provisions of Section 6.5.10., to retirement
service credit.
7.6. Vacation Leave
7.6.1. Required Usage and Carryover
Vacation Leave will be credited on a "pay -per -period" basis. Employees shall be required to use one
half ('/) of their annual Vacation accrual yearly and shall be able to carry over one half ('/) 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. Existing balances over the limit shall be
paid off during the term of this Memorandum of Understanding based on a payoff schedule
determined by the employee. Such excess vacation accrual may also be taken as time off if
approved by management. Effective 8-1-2000, employee with more than the maximum amount will
not continue to accrue additional Vacation Leave, but will receive cash each pay period in lieu of
Vacation Leave until balance falls below maximum time allowed. Employee may direct payoff to
deferred compensation within the legal limits.
11
APOA MEMORANDUM OF UNDIRSTANDING, EFFECTIVE 8-1-2004 THROGH 7-31-2005
7.6.2. 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 (40) additional hours per year in lieu
of holidays.
8. CLOTHING DAMAGE REIMBURSEMENT
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 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
Manager, 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 exemptfrom the
one hundred dollar ($100) limit.
9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM
9.1. 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.
9.2. The equipment configuration shall be appropriate to the employee's position and career with the City.
9.3. 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 prior to purchase.
9.4. The employee shall apply for a loan with the City on a City provided loan application. If the employee
qualifies, 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, the employee must certify that he/she already owns the remaining
components required to constitute a computer system.
9.5. 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.
12
APOA MEMORANDUM OF UNDEWANDING, EFFECTIVE 8-1-2004 THRO Q 7-31-2005
10. DISABILITY INSURANCE (SHORT/LONG TERM)
10.1. The City shall maintain in effect for the term of this agreement a disability plan covering employees set
forth herein. Said plan shall provide an employee with a maximum of two-thirds U of his/her base salary.
An employee may utilize his/her accrued Sick Leave, Vacation Leave and/or compensatory time to
supplement the disability insurance payment so as to receive 100% of his/her base salary. The plan
includes the following:
10.1.1. Provides 66.67% of the employee's monthly salary;
10.1.2. Commences after a 30 calendar day waiting period and provides a benefit to age 65;
10.2. For the first 30 days of non -job related illness or injury, the employee will use accrued Sick Leave,
compensatory time or Vacation Leave;
The employee will be allowed to use accrued Sick Leave in conjunction with the disability plan to provide
for a full pay check;
At no time will an employee receive more than 100% of his or her base pay;
10.2.1. The premium will be added to the employee's gross pay and deducted from the net pay so as to
make the benefits exempt from further taxation.
11. EMPLOYEE ASSISTANCE PLAN
Association employees will be eligible for the City's Employee Assistance Plan.
12. FLEXIBLE BENEFIT PLAN
12.1. Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) was converted to an IRS Section
125 Flexible Benefit Plan (FBP) administered by either the City or its designee.
12.2. Amount of Monthly Benefit
Effective August 1, 2000, the City will maintain the Flexible Benefit Plan at seven hundred and thirty one
dollars ($731) 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.
12.2.1. Yearly Increase
Effective January 1, 2002, the City will increase the Flexible Plan contribution in an amount equal
to the March to March change in the Consumer Price Index (as measured by the Los Angeles -
Riverside -Orange County CA, CPI -U, All items) to a maximum of 4%.
Effective January 1, 2003, the City will increase the Flexible Plan contribution in an amount equal
to the March to March change in the Consumer Price Index (as measured by the Los Angeles -
Riverside -Orange County CA, CPI -U, All items) to a maximum of 4%.
Effective January 1, 2004, the City will increase the Flexible Plan contribution in an amount equal
to the March to March change in the Consumer Price Index (as measured by the Los Angeles -
Riverside -Orange County CA, CPI -U, All items) to a maximum of 4%.
13
APOA MEMORANDUM OF UNDINSTANDING, EFFECTIVE 8-1-2004 THRSH 7-31-2005
12.3. 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.
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. , _ . , .
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.
12.4. 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.
13. LIFE INSURANCE
The City. shall provide group life insurance to all Association members in an amount of coverage one times the
member's annual earnings.
14. OUTSIDE EMPLOYMENT
Outside employment will be permitted, provided that the outside employment is consistent with moral & ethical
guidelines established by the Chief of Police and the Association and that the employee, prior to accepting outside
employment, signs an agreement, which:
14.1 Acknowledges that said employment is outside the course and scope of the employee's employment with
the City of Azusa and that said employment is not for the benefit of the City of Azusa; and
14.2 Releases, indemnifies, and holds the City of Azusa, its agents and employees harmless for any
liability, whatsoever, arising out of said employment, including but not limited to, injury or damage to the
employee, and
14.3 Acknowledges that the City will have no responsibility or obligation, whatsoever, to provide a legal defense
as a result of any outside employment engaged in by employee.
15. PHYSICAL EXAMINATIONS
The City will continue to provide annual physical examinations, for all sworn officers, on a voluntary basis.
16. RETIREMENT
The City shall amend its retirement contract with the California Public Employees Retirement System (CaIPERS)
to provide for the "3% @ 50" formula effective no later than 6-30-2001 and shall continue the highest level of the
1959 survivor benefit. The City shall continue to pay both the "employee" and "employer" share of the cost. If the
City's rate for providing the 3% @ 50 benefit is decreased by CaIPERS, the City agrees to reopen discussions with
APOA over any savings realized by the City; provided, however, the City is under no obligation, whatsoever, to
grant an increase in wages or benefits as the result of reopening under this.section.
14
APOA MEMORANDUM OF UNDE&ANDING, EFFECTIVE 8-1-2004 THROIS 7-31-2005
16.1 Optional Benefits
16.1.1 The City's contract with CaIPERS includes the additional benefit of Service Credit for
Unused Sick Leave.
16.1.2 The City's contract with CaIPERS includes participation in the two-year Golden Handshake
program as authorized by the State Legislature. The availability of this benefit shall be within the
discretion of the City Council.
16.1.3 The City's contract with the CaIPERS includes the Employer -Paid Member Contribution in base
pay during the final compensation period.
16.1.4 CaIPERS Service Credit for Military Service
The CaIPERS Military Service Credit Purchase Assistance Plan described below shall be made
available to full time regular employees who have completed their initial probation period with the
City.
The City's contractwith CaIPERS includes the provisions of Section 21024, Military Service Credit
as Public Service. Eligible employees with qualifying military service can contact CaIPERS and
arrange to be billed for the service credit (CaIPERS' estimate is $5,000 per year of service). The
City shall reimburse the employee for 25% of the amount of the bill.
If desired, the employee may apply for a loan from the City for the remaining 75%. The employee
shall apply for the loan on a City -provided loan application. If the employee qualifies, 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 six years. The City may require collateral.
Any remaining loan balance must be paid in full at the 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.
16.2. CaIPERS Retirement Planning Seminar
Employees who are in their "final compensation period" for CaIPERS purposes shall be allowed to attend
one nearby CaIPERS retirement planning/information seminar at City expense and on City time. Such
attendance shall be considered to be a training expense chargeable to the employee's "home" division.
16.3. Health Insurance During Retirement
Beginning with the first month after retirement, for Association employees who, at the time of retirement
from the City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of
sworn safety service with the City of Azusa Police Department, the City will pay until the employee passes
away, an amount equal to the single -coverage premium in the employee's comprehensive health insurance
plan. The amount of the City's contribution shall vary, up or down, depending upon the employee's choice of
health insurance carrier and its periodic changes in its rates. The minimum contribution that the City pays
directly to CaIPERS shall be considered to be part of the portion paid by the City. If a retired employee
maintains health insurance other than a CaIPERS plan, the maximum amount the City will pay for the
insurance premium will not exceed the single premium for the PERS Care plan.
W,
. APOA MEMORANDUM OF UNDINSTANDING, EFFECTIVE 8-1-2004 THRIH 7-31-2005
17. SAFETY EQUIPMENT
The City will provide safety equipment for new employees and will replacewom safety equipment for current sworn
employees as required by the department head.
18. TUITION REIMBURSEMENT
18.1. Objective
The tuition reimbursement program is designed to encourage employees to continue their self -development
by enrolling in approved classroom courses, which will:
18.1.1. Educate them in new concepts and methods in their occupational field and prepare them to meet
the changing demands of their job.
18.1.2. Help prepare them for advancement to positions of greater responsibility in the City of Azusa.
18.2. Eligibility
18.2.1. 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.
18.2.2. Courses must be (except where noted below in paragraphs 12.3.3. and 12.3.4.) traditional
classroom courses taken at colleges or universities and approved by the Western Association of
Schools and Colleges or approved mail correspondence or internet courses. Distance learning
classes offered by such colleges and universities shall be covered by this provision Credits given
for non -classroom assignments such as life experience, military training, and professional
training are not reimbursable.
18.2.3. Coursework must be related to the employee's current occupation or to a City classification to
which the employee may reasonably expect promotion within the next five years.
18.3. Courses may be eligible if they:
18.3.1. 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.
18.3.2. Do not duplicate training which the employee has already had orwhich is to be provided in-house.
18.3.3. Do not duplicate previously taken courses unless special approval has been granted by the
department head and the Human Resources Division.
18.3.4. 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 not be eligible.
18.3.5. Include completed engineering review courses taken at accredited institutions for which an
academic grade or units of academic credit are not given. These courses must prepare
candidates for a certificate, license or registration issued by the California Board of Registration
for Professional Engineers. The employee must receive the certificate or license from this Board
to be eligible for reimbursement, which will be granted fora maximum of 2 courses per certificate,
license or registration.
E.
APOA MEMORANDUM OF UNDEWANDING, EFFECTIVE 8-1-2004 THRO* 7-31-2005
18.3.6. Lead to a City -approved certificate, license or registration. Reimbursement maybe made for any
examination fees required to successfully obtain the certificate, license or registration.
Reimbursement for eligible expenses will be made after obtaining the license, certificate or
registration.
18.3.7. Are not taken on City time and must be certified that they are taken on the employee's off-duty
time.
18.3.8. Are part of a bona -fide curriculum of the study of a foreign language for which the City pays an
incentive.
18.3.9. Have been approved by the Department Head and the City Manager or his/her designee before
commencement of the class.
18.4. Reimbursement
18.4.1. The City shall reimburse employees for tuition, registration fees and texts required for the eligible
courses. Expenses for parking, travel, and meals, processing fees, transcript fees, materials and
any other costs are not reimbursable.
18.4.2. Employees shall be reimbursed up to the dollar amount charged for the same number of units per
term by California State University system.
18.4.3. 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.
18.4.4. 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.
18.4.5. Employees must submit from the attendant institution an original certification of fees paid and
grade achieved in order to have their application considered for reimbursement. These
documents must accompany the reimbursement application form in order to be processed.
18.4.6. Application for reimbursement must be submitted within three months of the completion of the
approved course in order to be considered for reimbursement.
18.4.7 Upon separation from employment, employees shall be required to reimburse the City for any
funds received under this program for courses completed during the last 24 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.
19. POLICIES
Family Leave, Pregnancy Disability, Attendance, Reasonable Suspicion and Sick Leave Donation Policies will be
discussed further in ad hoc committee consisting of management representatives and a representative of each
employee organization.
17
APOA MEMORANDUM OF UNIRSTANDING, EFFECTIVE 8-1-2004 THROGH 7-31-2005
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APOA MEMORANDUM OF UNDEOANDING, EFFECTIVE 8-1-2004 THROU197-31-2005
INDEX
Acting Employee (3)
Bereavement Leave (7)
Bicycle Patrol Officer (6)
Bilingual Pay (3)
Callout (3)
Clothing Damage Reimbursement (12)
Compensatory Time (6)
Computer and Home Exercise Equipment Loan Program (12)
Deferred Compensation (4)
Detective (6)
Disability Insurance (13)
Educational Incentive Pay (4)
Employee Assistance Plan (13)
Flexible Benefit Plan (13)
Amount of Monthly Benefit (13)
Termination (14)
Yearly Increase (13)
Gang Detective (6)
Holiday Pay (See Also 6.2. Holidays) (4)
Holidays (7)
Industrial Leave (8)
K-9 Officer (6)
Leave/days off (7)
Life Insurance (14)
Longevity Pay (4)
Motor Officer (6)
Off Duty Court Appearance Time (5)
Overtime/compensatory Time (6)
Personal Leave (9)
Physical Examinations (14)
Salary (2)
Automatic Payroll Deposit (3)
SET Detective (6)
Shift Differential (7)
Sick Leave (9)
Accrual and Use (10)
Conversion Deadline (11)
Conversion to Service Credit upon Retirement (11)
One-fourth Conversion (10)
One-third Conversion (10)
Reasons for Use of Sick Leave (9)
Restrictions on Sick Leave (10)
Sick Leave Donation Policy (10)
Sick Leave During Vacation (10)
Sick Leave During Probation (9)
Special Assignments (6)
Standby ("On Call") Pay (6)
Term of Memorandum of Understanding (1)
Training Pay (7)
Corporal (7)
Police Officer (7)
Tuition Reimbursement (16)
Eligibility (16)
APOA MEMORANDUM OF UNPRSTANDING, EFFECTIVE 8-1-2004 THROGH 7-31-2005
Eligible Courses (16)
Objective (16)
Reimbursement (17)
Uniform Allowance (7)
Vacation Leave (11)
Accrual (12)
Required Usage and Carryover (11)
Work Week (2)
Work Week and Timekeeping Interval (2)
Workday (2)
11