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HomeMy WebLinkAboutResolution No. 00-C1410 RESOLUTION NO. 00-C141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE AZUSA POLICE MANAGEMENT ASSOCIATION EFFECTIVE AUGUST 1, 2000, THROUGH JULY 31, 2004 WHEREAS, the City Council acknowledges the Azusa Police Officers Association as the recognized employee organization representing those personnel occup ing the positions identified in the attached Memorandum of Understanding between the City any, Azusa Police Management Association (APMA), and .WHEREAS, the Memorandum between the City of Azusa and the APMA expired July 31, 2000, 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 APMA 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 APMA have come to an agreement with regard to every issue, and WHEREAS, the new Memorandum of Understanding between the Cityof Azusa and the APMA covering the period of August 1, 2000 through July 31, 2004, is attached. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Azusa does hereby approve the Memorandum of -Understanding attached hereto and does direct the representatives of management to affix their signatures thereon. City Clerk shall cMfy the passage of this Resolution. AND F][AAED this 4" day of December, 2000. ASS 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 4° day of December, 2000. AYES: COUNCILMEMBERS:HARDISON, STANFORD, ROCHA, BEEBE, MADRID NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE y�ti'lfl�l' 4 on 4 r S e x i t x 5 pkk 9 f p A'dik b R �.� N":h`.:_ y• lib ..c:u ..3Yx'.A'Y £� � _ ;-� A G im ;-� A 0 0 1. TERM OF MEMORANDUM OF UNDERSTANDING ........................ I ..................... 1 2. TOTAL COMPENSATION.................................................................. 1 3. NON-DISCRIMINATION................................................................... 1 4. SEPARABILITY.......................................................................... 2 5. MAINTENANCE OF EXISTING BENEFITS ..................................................... 2 6. CITY RIGHTS........................................................................... 2 7. WORKWEEK AND TIMEKEEPING INTERVAL ................................................. 3 8. SALARY............................................................................... 4 9. ADDITIONAL COMPENSATION/PREMIUM PAY ................................................ 4 9.1 Acting Employee.................................................................. 4 9.2. Bilingual Pay......................................................................5 9.3. Callout................ ........................................................... 5 9.4. Deferred Compensation (City-paid)....................................................5 9.5. Educational Incentive Pay............................................................ 5 9.6. Longevity Pay..................................................................... 9.7. Off -Duty Court Appearance Time......................................................6 9.8. Standby ("Court On Call") Pay ........................................................ 7 9.9. Overtime/Compensatory Time ........................................................ 7 9.10. Uniform Allowance................................................................. 7 10. LEAVE/DAYS OFF .......... :............................................................ 7 10.1. Administrative Leave................................................................7 10.2. Bereavement Leave................................................................8 10.3. Holidays.........................................................................8 10.4. Industrial Leave.................................................................... 9 10.5. Sick Leave......................................................................10 10.6. Vacation Leave................................................................... 12 11. AUTOMOBILES......................................................................... 13 12. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM .............................. 13 13. DAMAGE TO PERSONAL EFFECTS........................................................ 13 14. EMPLOYEE ASSISTANCE PLAN........................................................... 14 15. FLEXIBLE BENEFIT PLAN................................................................ 14 15.1. Definition........................................................................14 15.2. Amount of Monthly Benefit..........................................................14 15.3. Eligibility........................................................................14 15.4. Termination...................................................................... 14 16. DISABILITY INSURANCE................................................................. 15 17. LICENSE RENEWAL.................................................................... 15 18. LIFE INSURANCE....................................................................... 15 19. OUTSIDE EMPLOYMENT................................................................. 15 20. PAYROLL DEDUCTION.................................................................. 15 21. PHYSICAL EXAMINATIONS ........................... .............................. I...... 16 22. RETIREMENT.......................................................................... 16 22.1 Optional Benefits..................................................................16 22.2. Health Insurance During Retirement ................................................... 16 22.3. Retirement Planning Seminar........................................................ 17 23. TUITION REIMBURSEMENT.............................................................. 17 24. POLICIES............................................................................. 19 0 9 CITY OF AZUSA AZUSA POLICE MANAGEMENT ASSOCIATION MEMORANDUM OF UNDERSTANDING August 1, 2000, through July 31, 2004 This Memorandum of Understanding is entered into with reference to the following facts: (1) The Azusa Police Mid -Management Association (APMA) (hereinafter referred to as "Association") is the recognized employee organization representing those personnel (hereinafter referred to as "employees") employed by the City of Azusa (hereinafter referred to as "City,") and occupying classifications of: Police Administrative Services Manager Police Captain Police Lieutenant (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 otherterms and conditions of employment to affected employees. (3) The authorized representatives of the City and the Association have reached an understanding and agreement as to certain changes in wages, hours and other terms and conditions of employment of the affected employees which shall be submitted to the City Council of the City of Azusa for approval and implementation of these changes by appropriate ordinance, resolution, or other lawful action. Therefore, the City and the Association agree that, subject to the approval and implementation by the City Council of the City, the wages, hours, and other terms and conditions of employment for all affected employees shall be as follows: TERM OF MEMORANDUM OF UNDERSTANDING The term of this Memorandum of Understanding shall commence on August 1, 2000, and shall continue through and including July 31, 2004. 2. TOTAL COMPENSATION As a matter of philosophy, the Association and the City agree that compensation consists of terms and conditions of employment other than those represented solely by salary. Further, the City and the Association recognize that the changes in wages, hours and other terms and conditions of employment as set forth in this Memorandum of Understanding constitute additions to the total compensation received by affected employees. 3. NON-DISCRIMINATION 3.1. Protection of Rights The parties mutually recognize and agree to 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 seq. 3.2. Anti -Discrimination The City and the Association agree that they 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 Agreement in compliance with state or federal anti -discrimination laws. 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 4. SEPARABILITY Should any provisions of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. 5. 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 Memorandum of Understanding unless mutually agreed to the contrary by both parties hereto. 6. CITY RIGHTS 6.1. 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 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 Memorandum of Understanding or by law, shall include, but not be limited to, the following: 6.1.1 To manage the City generally and to determine the issues of policy. 6.1.2 To determine the existence or nonexistence of facts which are the basis of the Management decision. 6.1.3 To determine the necessity and organization of anyservice or activity conducted bythe City and expand or diminish services. 6.1.4 To determine the nature, manner, means, and technology, and extent of services to be provided to the public. 6.1.5 To determine methods of financing. 6.1.6 To determine types of equipment or technology to be used. 6.1.7 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. 6.1.8 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. 6.1.9 To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments. 6.1.10 To relieve employees from duties for lack of funds or lack of work or similar nondisciplinary reasons 6.1.11 To establish and modify productivity and performance programs and standards. 6.1.12 To discharge, suspend, demote or otherwise discipline employees for proper cause. 0 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 6.1.13 To determine job classification and to reclassify employees. 6.1.14 To hire, transfer, promote or demote employees for non disciplinary reasons in accordance with this Memorandum of Understanding and applicable Resolutions and Codes of the City. 6.1.15 To determine policies, procedures and standards for selection, training and promotion of employees. 6.1.16 To establish employee performance standards including, but not limited to, quality and quantity standards and to require compliance therewith. 6.1.17 To maintain order and'efficiency in its facilities and operation. 6.1.18 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. 6.1.19 To take any and all necessary action to carry out the mission of the City in emergencies. 6.2. Conformance with Rules The City shall have the right to exercise the rights provided in sections "9" through "16 of the Management rights clause, in accordance with the Personnel Rules and Regulations as they exist as of May 16, 1988, and shall exercise these rights in conformance with the Personnel Rules and Regulations. 6.3. 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 conferwith 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 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. 7. WORKWEEK AND TIMEKEEPING INTERVAL 7.1. Workweek The regular workweek for all employees covered by this agreement 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 Monday through Thursday. 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. 7.2. Workday The workday will consist of ten and one half (101/2) hours with one-half (14) hour for lunch and 40 minutes of 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. 3 • 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 7.3. Timekeeping Interval In compliance with FLSA, the minimum timekeeping interval, except for Police Lieutenants, shall be one (1) ten (10) hour day. 8. SALARY 8.1 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 Administrative Services Manager 3411 $4,997.15 $5,246.98 $5,509.37 $5,784.82 $6,074.09 Police Lieutenant 3423 $5,678.36 $5,951.51 $6,238.32 $6,539.52 $6,855.94 Police Captain 3482 $6,655.46 $6,966.34 1 $7,292.74 1 $7,635.43 1 $7,995.29 'Due to rounding of figures, they may vary slightly from payroll computer figures, which are carried to 4 decimal places. 8.2 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 - Riverside -Orange County CA, CPI -U, All items) to a maximum of 3%. 8.3 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 Administrative Services Manager, and Police Lieutenant, and Police Captain 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 Lieutenant and Police Administrative Services Manager classifications are ranked number one in total compensation among survey cities, and the Police Captain classification is below the rank of number one, the Police Captain classification would receive an increase in compensation in an amount that brings the Police Captain Classification to number one in total compensation among survey cities. Under this example, the Police Administrative Services Manager and Police Lieutenant classifications would not receive an increase in compensation. 8.4. Automatic Payroll Deposit The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated Clearing House service. 9. ADDITIONAL COMPENSATION/PREMIUM PAY 9.1 Acting Employee An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of Vacation or when on Sick Leave. 0 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 9.2. 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. 9.3. Callout If an employee occupying the position of Lieutenant 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. 9.3.1. Appropriate Rate of Pay for Callout The rate of pay for Callout shall be one and one-half (1 Y2) times the normal rate of pay. Callout maybe entered as Premium Overtime or as Compensatory Time Earned. 9.4. Deferred Compensation (City -paid) The City shall provide $90 per month in deferred compensation to each employee. 9.5. Educational Incentive Pay Employees occupying the position of Captain who possess a master's degree from an accredited college or university in an academic subject appropriate to law enforcement administration, and not a simple membership in a professional organization, shall receive five percent (5%) per month of base salary as education incentive pay, not to exceed $350 per month. Employees occupying the position of Lieutenant and Police Administrative Services Manager who possess a bachelor's degree from an accredited college or university in an academic subject appropriate to law enforcement administration, and not a simple membership in a professional organization, shall receive five percent (5%) per month of base salary as education incentive pay, not to exceed $300 per month An employee shall be entitled to only one (1) increment of education incentive pay regardless of the number of qualifying degrees or certificates he or she possesses. 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. 9.6. Longevity Pay 9.6.1 The monthly longevity pay for employees hired on or after August 1, 2000, shall be in accordance with the following schedule: 5 0 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 7 yrs = $100 10 yrs = $200 15 yrs = $300 20 yrs = $400 9.6.2 The monthly longevity pay for employees hired prior to August 1, 2000, shall be in accordance with the following schedule: POLICE ADMINISTRATIVE SERVICES MANAGER 7 yrs $151.85 10 yrs $303.70 15 yrs $455.56 20 yrs $607.41 POLICE LIEUTENANT 7 yrs $171.40 10 yrs $342.80 15 yrs $514.20 20 yrs $685.59 POLICE CAPTAIN 7 yrs $199.88 10 yrs $399.76 15 yrs $599.65 20 yrs $799.53 9.6.3 Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity pay than the amount provided for under Section 9.6.2. shall continue to receive the higher dollar amount until eligible for an increase based on the schedule set forth in Section 9.6.2. 9.7. Off -Duty Court Appearance Time Off-duty Court Appearance Time is applicable only for court appearances scheduled to begin during off-duty hours by employees occupying the position of Lieutenant. 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 CourtAppearance begins at 2 p.m., the employee will be entitled to a minimum of four hours of Off -Duty CourtAppearance 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 M 0 E APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 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 of the above is greater: 1) The actual time in Court (or the four-hour Court Time minimum, whichever is greater), plus the actual time standing by; or 2) The actual time standing by (or the four-hour Standby Time minimum, whichever is greater) plus the actual time in Court; 9.8. Standby ("Court On Call") Pay The City agrees to pay for court Standby Time (or other •On Call" time) by employees occupying the position of Lieutenant 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, which ever 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 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 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 9.9. Overtime/Compensatory Time The classification of Police Lieutenant shall not be exempt from the provisions of 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. Police Lieutenants shall be entitled to Overtime Payor 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 agreement, Holiday Pay, Sick Leave, and other Compensated Time off shall count for the hours. Overtime Pay or Compensatory Time off for overtime 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 Manager. Accumulated Compensatory Time not taken off in the pay period in which it was earned, may be carried over to a maximum of 480 hours (320 hours worked at time -and -one-half would equal 480 hours). 9.10. Uniform Allowance Uniform allowance for 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. 10. LEAVE/DAYS OFF 10.1. Administrative Leave Employees shall receive fifty (50) hours per year of Administrative Leave beginning on July 1. APMA MEMORANDUM OF UN• STANDING, AUGUST 1, 2000, THROU H JULY 31, 2004 An Employee Leave Request must be approved by the appropriate department head prior to the use of Administrative Leave and such leave may not be carried over into the next fiscal year or cashed in if not used. Unused Administrative Leave may, however, be converted to Vacation Leave, Administrative Leave shall be granted with due regard for the employee's wishes and the operational needs of the department. It is the responsibility of the employee to request conversion. 10.1.1. Police Lieutenant Individuals with the classification of Police Lieutenant have the option of receiving Administrative Leave or Overtime Pay/Compensatory Leave in accordance with City policy and the Federal Labor Standards Act (FLSA). (See Overtime/Compensatory Leave Time). 10.2. 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. 10.3. Holidays 10.3.1. 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 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" Columbus Day Oct 9' 8' 14' 13' Veteran's Day Nov 13' 12' 11' 11 Thanksgiving Day Nov 23 22 28 27 Christmas Day Dec 25' 25 25 25 New Year's Day Jan 1" 1 1 1 Martin Luther King Day Jan 15" 21 20' 19 President's Day Feb 19' 18' 17' 16 Memorial Day May 28' 27' 26' 31 '=Mondays 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 10.3.2. Floating Holidays The City and the Association agree to three Floating Holidays of ten (10) hours each. All Floating Holidaysshall 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. It is the responsibility of the employee to make use of his or her holidays on a timely basis. 10.4. 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: 10.4.1 An employee granted Industrial Leave shall continue to be compensated at his regular rate of pay in lieu of temporary disability payments. 10.4.2 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 (A) above. 10.4.3 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 atthe 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. 10.4.4 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. 10.4.5 Industrial Leave shall expire when one of the following conditions occurs: 10.4.5.1 Employee is able to return to work to his/her regular position. 10.4.5.2 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 California Public Employees' Retirement System: 10.4.5.2.1 The employee's condition is determined to be permanent or of an extended duration. 10.4.5.2.2 The degree of disability precludes continued employment by the employee in his present position. 10.4.5.3 After fifty-two (52) weeks of industrial disability payments. 10.4.6 Physicians maybe assigned in compliance with the Health and Safety Code and the Workers' Compensation Laws of the State of California (Ref.: Section 4600 - Labor Code.) 0 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 10.5. 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. 10.5.1. 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 employment or it shall be deducted from the employee's final paycheck. 10.5.2. Reasons for Use of Sick Leave Sick Leave shall be granted for the following reasons: 10.5.2.1 Personal illness or physical incapacity 10.5.2.2 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 employees' personal care and attention. Additional time, up to 12 weeks (running concurrently with family medical leave), 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. 10.5.2.3 Enforced quarantine of the employee in accordance with Health Department regulations. 10.5.2.4 Medical, dental, and optical appointments. 10.5.2.5 Personal Business not to exceed forty (40) 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 Leave shall be debited against the employee's Sick Leave balance but SickLeavetaken as Personal Business Leave shall not be taken into consideration for the purposes of the Sick Leave Cash -In program or with regard to employee performance evaluations. 10.5.2.6 In the foregoing circumstances, Sick Leave must be exhausted before Compensatory Time off or Vacation Leave may be converted to Sick Leave 10.5.3. 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. 10 0 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 10.5.4. 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. 10.5.5. 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: 10.5.5.1 Carry over the accrual and add it to his or her Sick Leave balance. 10.5.5.2 Convert, onlyto the extentthat 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. 10.5.6. 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: 10.5.6.1 Carry over the accrual and add it to his or her Sick Leave balance. 10.5.6.2 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. 10.5.7. Conversion to Cash Upon Separation - 10.5.7.1 Upon Death 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. 10.5.7.2 Upon Disability Retirement 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. 10.5.7.3 Voluntary Separation - Less than 10 Cumulative Years of City Service Upon voluntary separation with less than ten (10) cumulative 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 for hours in excess of three -hundred twenty (320) hours to a maximum payment of two hundred forty (240) hours. 10.5.7.4 Voluntary Separation - 10 Cumulative Years of City Service. Upon voluntary separation with at least ten (10) cumulative years of City service, the employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash. 11 0 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 10.5.7.5 Voluntary Separation - 20 Cumulative Years of City Service. Upon voluntary separation with at least twenty (20) cumulative years of City service, the employee may convert seventy-five percent (75%) of his or her accrued Sick Leave balance to cash. 10.5.7.6 Voluntary Separation - 25 Cumulative Years of City Service. Upon voluntary separation with at least twenty-five (25) cumulative years of City Service, the employee may convert one hundred percent (100°/x) of his orher accrued Sick Leave balance to cash. 10.5.7.7 Layoff In case of layoff, the employee shall be allowed to convert 100% of his or her accrued Sick Leave balance to cash 10.5.8. Conversion to Service Credit Upon Retirement Pursuant to the terms of the City's contract, as amended, with the CalPERS, upon voluntary retirement the employee may convert 100% of his or her accrued Sick Leave balance, less any amount converted to cash under the above provisions. 10.5.9. Conversion Deadline A decision to convert Sick Leave according to the policies stated shall be made by March 31. 10.6. Vacation Leave 10.6.1. Required Usage and Carryover Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half (Y2) of their annual Vacation accrual yearly. Employees may accrue up to a maximum of fifty two (52) times the then -current pay period rate of Vacation accrual. Notwithstanding the accrual cap, employees shall continue to accrue Vacation Leave during the term of this MOU; provided that each employee reduces his or her Vacation Leave in excess of the cap over the term of the MOU. Commencing July 31, 2004, the cap shall be enforced and any accrual in excess of the cap shall be paid as earned. 10.6.2. Cash -In Policy Employees covered by this Memorandum of Understanding may convert vacation time to cash with administrative approval. 12 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 10.6.3. Accrual Vacation Leave shall accrue as follows: Through the 5th year of employment Through the 6th year of employment Through the 7th year of employment Through the 8th year of employment Through the 9th year of employment Through the 10th year of employment Through the 11th year of employment Through the 12th year of employment Through the 13th year of employment Through the 14th year of employment Through the 15th year of employment Through the 16th year of employment 11. AUTOMOBILES 120 hours 128 hours 136 hours 144 hours 152 hours 160 hours 168 hours 176 hours 184 hours 192 hours 200 hours 218 hours Employees in the classification of Captain may take a City vehicle home when it must be used either before or after the commute for attendance at a meeting or other City -related function, or for the purpose of making the employee available for emergency response. Captains may use a City vehicle to commute to and from work. 12. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM 12.1. 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. 12.2. The equipment configuration shall be appropriate to the employee's position and career with the City. 12.3. 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. 12.4. 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. 12.5. The plan will not apply to any equipment purchased prior to November 1, 1993. 12.6. 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. 13. DAMAGE TO PERSONAL EFFECTS If, in the course of business, an employee's personal clothing or effects are accidentally damaged or destroyed, the employee may submit a claim for reimbursement for up to one hundred dollars ($100). i9l • APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 14. EMPLOYEE ASSISTANCE PLAN The City will continue to maintain the Employee Assistance Plan. 15. FLEXIBLE BENEFIT PLAN 15.1. 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. 15.2. Amount of Monthly Benefit Effective January 1, 2001 the City will maintain the Flexible Benefit Plan at seven hundred 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. 15.2.1. 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%. 15.3. 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. 15.4. 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. 14 0 11 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 16. DISABILITY INSURANCE 16.1. 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 (2/3) of his/her base salary. An employee may utilize his/her accrued Sick Leave, Vacation, and/or Compensatory Timeto supplement the disability payment so as to receive 100% of his/her base salary. The disability plan includes the following: 16.1.1. Provides 66.67% of the employee's monthly salary; 16.1.2. Commences after a 30 calendar day waiting period and provides a benefit to age 65; 16.2. 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 long term disability plan to provide for a full pay check; At no time will an employee receive more than 100% of their base pay; 16.2.1. 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. 17. LICENSE RENEWAL The City agrees to pay the cost of maintaining certifications and licenses that are necessaryto maintain the minimum requirements for the licensee's job. 18. LIFE INSURANCE The City shall provide term life insurance equal to one and one-half (11/2) times annual salary. 19. 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: 19.1 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 19.2 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 19.3 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. 20. PAYROLL DEDUCTION Upon written employee authorization and designation of dollar amount, which may be revoked in writing by the employee at any time, the City agrees to establish a payroll deduction account for said employee. The City shall accrue the amount deducted per the employee's authorization on a non-interest bearing basis. Upon thirty days 15 0 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 advance notice to the Finance Department, an employee may request pay off of the accrued amount in his or her account once per year. 21. PHYSICAL EXAMINATIONS The City will continue to provide annual physical examinations, for all sworn officers, on a voluntary basis. 22. 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 APMA 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. 22.1 Optional Benefits 22.1.1 The City's contract with the CaIPERS includes the additional benefit of Service Credit for Unused Sick Leave. 22.1.2 The City's contract with the 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. 22.1.3 The City's contract with the CaIPERS includes the Employer -Paid Member Contribution in base pay during the final compensation period. 22.1.4. 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 contract with CaIPERS includes the provisions of Section 21024, MilitaryService Credit as Public Service. Eligible employees with qualifying military service can contact CaIPERS and arrange to be billed for the service credit (Cal PERS' 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 attorney's fees in any restitution process. 22.2. 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 City service, the City will reimburse monthly to the employee, until the employee passes away, an amount equal iI 11 • APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 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 (currently $16 per month) that the City pays directly to CalPERS shall be considered to be part of that portion paid by the City. 22.2.1. Lump Sum Option for Health Insurance During Retirement As an irrevocable option, not later than 30 days after separation from employment with the City of Azusa, an employee may choose to receive in a lump sum the present value of his or her Health Insurance During Retirement, to the extent that he or she is so entitled (amount to be determined by actuarial tables and will vary with age, years of service and other factors). The present value calculation shall be based upon the monthly premium for PERSCare insurance or for the plan in which the employee is actually enrolled, whichever is higher. 22.3. Retirement Planning Seminar Employees who are in their "final compensation period" for Cal PERS purposes shall be allowed to attend one nearby CalPERS retirement planning/information seminar at City expense and on City time. Suchattendance shall be considered to be a training expense chargeable to the employee's "home" division. 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 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 23.3.3. and 23.3.4.) traditional classroom courses taken at colleges or universities and approved by the Western Association of Schools and Colleges 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. 23.2.3. Coursework must be related to the employee's current occupation or to a City classification to which the employee may reasonably expect promotion. 17 0 10 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 23.3. Courses may be eligible if they: 23.3.1. Are abovethe educational requirementsof the positionas noted inthe 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 not be eligible. 23.3.5. Lead to a City -approved certificate, license or registration. Reimbursement may be 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. 23.3.6. Are not taken on City time and must be certified that they are taken on the employee's off- duty time. 23.3.7. Are part of a bona -fide curriculum of the study of a foreign language for which the City pays an incentive. 23.3.8. Have been approved by the Department Head and the City Manager or his/her designee 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. 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. P 0 APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2000, THROUGH JULY 31, 2004 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 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. 24. 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. 19 0 INDEX Acting Employee (4) Additional Compensation/premium Pay (4) Acting Employee (4) Bereavement Leave (8) Bilingual Pay (5) Callout (5) Deferred Compensation (City -paid) (5) Educational Incentive Pay (5) Holidays (8) Longevity Pay (5) Off-duty Court Appearance Time (6) Overtime/compensatory Time (7) Standby ("Court on Call") Pay (7) Uniform Allowance (7) Administrative Leave (7) Automatic Payroll Deposit (4) Automobiles (13) Bereavement Leave (8) Bilingual Pay (5) Callout (5) City Rights (2) Conformance with Rules (3) Meet and Confer (3) Computer and Home Exercise Equipment Loan Program (13) Damage to Personal Effects (13) Deferred Compensation (5) Disability Insurance (15) Educational Incentive Pay (5) Employee Assistance Plan (14) Flexible Benefit Plan (14) Amount of Monthly Benefit (14) Definition (14) Eligibility (14) Termination (14) Yearly Increase (14) Health Insurance During Retirement (16) Holidays (8) Industrial Leave (9) Leave/Days off (7) License Renewal (15) Life Insurance (15) Longevity Pay (5) Lump Sum Option for Health Insurance During Retirement It 7) Maintenance of Existing Benefits (2) Non-discrimination (1) Anti -discrimination (1) Protection of Rights (1) Outside Employment (15) Overtime/compensatory Time (7) Payroll Deduction (15) Physical Examinations (16) Policies (19) 0 0 Retirement (16) Optional Benefits (16) Retirement Planning Seminar (17) Salary (4) Automatic Payroll Deposit (4) Effective August 1, 2000 (4) Effective July 1, 2002 (4) Effective July 1, 2003 (4) Separability (2) Sick Leave (10) Accrual and Use (10) Conversion Deadline (12) Conversion to Cash upon Separation (11) Conversion to Service Credit upon Retirement (12) One-fourth Conversion (11) One-third Conversion (11) Personal Business (10) Reasons for Use of Sick Leave (10) Sick Leave During Probation (10) Sick Leave During Vacation (11) Term of Memorandum of Understanding (1) Total Compensation (1) Tuition Reimbursement (17) Eligibility (17) Eligible Courses (18) Objective (17) Reimbursement (18) Uniform Allowance (7) Vacation Leave (12) Accrual (13) Cash -in Policy (12) Required Usage and Carryover (12) Workweek and Timekeeping Interval (3) Timekeeping Interval (4) Workday (3) Workweek (3) 0 0 AZUSA POLICE MANAGEMENT ASSOCIATION — cc) Lieutenant JefkPeed, President Date: Dottie Wallace, Human Resources Manager Date: HUMAN Hr:SxU 29 NOV 00 i?_ t^ 20