HomeMy WebLinkAboutResolution No. 00-C1340
RESOLUTION N0. 00-C134
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY AND THE CIVILIAN ASSOCIATION OF
POLICE PERSONNEL EFFECTIVE AUGUST 1, 2000, THROUGH
JULY 31, 2004
WHEREAS, the City Council acknowledges the Civilian Association of Police
Personnel as the recognized employee organization representing those personnel occupying the
positions identified in the attached Memorandum of Understanding between the City and the
Civilian Association of Police Personnel (CAPP), and
WHEREAS, the Memorandum between the City of Azusa and the CAPP 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 CAPP 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 CAPP have come to an agreement with regard to
every issue, and
WHEREAS, the new Memorandum of Understanding between the City of Azusa and
the CAPP 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
repre 1atives of management to affix their signatures thereon.
XV)The City Clerk shall certify the}} passage of this Resolution.
AP AV ID PASSKtL 201h day of November, 2000.
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 20" day of November, 2000.
AYES:.
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSTAIN:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
I&Im 'at4odkAj
DEPUTY CITY CLERK
HARDISON, STANFORD, ROCHA, NIADRID
NONE
BEEBE
NONE
�T
t a
g $, BETWEEN H ,
1 2, :.a�N' A� 3?1�:�"u'.1"'."" i$, .` )Sig., r.s �``"'{ 3 �e sn'•vts-ih�S' , f
p S
�T
t a
g $, BETWEEN H ,
1 2, :.a�N' A� 3?1�:�"u'.1"'."" i$, .` )Sig., r.s �``"'{ 3 �e sn'•vts-ih�S' , f
• TABLE OF CONTENTS •
1.
TERM......................................................................................
1
2.
IMPLEMENTATION............................................................................
1
3.
MAINTENANCE OF EXISTING BENEFITS..........................................................
1
4.
NON-DISCRIMINATION........................................................................
1
5.
REOPENER.................................................................................
2
6.
SAVINGS CLAUSE............................................................................
2
7.
SEPARABILITY...............................................................................
2
8.
TOTAL COMPENSATION.......................................................................
2
9.
CIN RIGHTS................................................................................
2
10.
WORKWEEK AND TIMEKEEPING INTERVAL......................................................
3
11.
SALARY....................................................................................
4
12.
ADDITIONAL COMPENSATION / PREMIUM PAY ....................................................
4
12.1. Bilingual Pay..........................................................................
4
12.2. Callback............................................................................
5
12.3. Court Time...........................................................................
5
12.4. Deferred Compensation (Employer Paid) ....................................................
5
12.5. Longevity Pay.........................................................................
5
12.6, Overtime/Compensatory Time............................................................
5
12.7. Shift Differential.......................................................................
6
12.8. Training Pay..........................................................................
6
12.9. Uniform Allowance.....................................................................
6
13.
COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM ....................................
7
14.
DAMAGE TO PERSONAL EFFECTS..............................................................
7
15.
EMPLOYEE ASSISTANCE PLAN.................................................................
7
16.
FLEXIBLE BENEFIT PLAN......................................................................
7
16.1. Definition............................................................................
7
16.2. Amount of Monthly Benefit...............................................................
7
16.3 Yearly Increase.......................................................................
8
16.4. Eligibility.............................................................................
8
16.5. Termination..........................................................................
8
17.
LEAVE TYPES...............................................................................
8
17.1. Bereavement Leave....................................................................
8
17.2. Holidays.........................................................................
9
17.3. Industrial Leave.......................................................................
9
17.4. Sick Leave..........................................................................
10
17.5. Vacation............................................................................
13
18.
LICENSE RENEWAL.........................................................................
13
19.
LIFE INSURANCE............................................................................
13
20.
LONG TERM DISABILITY INSURANCE...........................................................
13
21.
RETIREMENT...............................................................................
14
22.
TUITION REIMBURSEMENT...................................................................
14
23.
FLEXIBLE STAFFING POSITIONS...............................................................
16
24.
JOB SHARING..............................................................................
16
25.
POLICIES..................................................................................
17
26.
LAYOFF...................................................................................
17
0 0
MEMORANDUM OF UNDERSTANDING
between
THE CITY OF AZUSA
and
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
August 1, 2000 through July 31, 2004
This Memorandum of Understanding is entered into with reference to the following facts:
(1) the Civilian Association of Police Personnel (CAPP) (hereinafter referred to as "Association") is the
recognized employee organization representing those personnel (hereinafter referred to as "employees")
employed by the various departments of the City of Azusa (hereinafter referred to as "City"), and occupying
the classifications as listed in Exhibit "A" attached hereto;
(2) in the interest of maintaining harmonious relations between the City and those employees represented by
the Association, authorized representatives of the City and the Association have met and conferred in good
faith, exchanging various proposals concerning wages, hours and other terms and conditions of employment
to affected employees; and
(3) the authorized representatives of the City and the Association have reached an understanding and
agreement as to certain changes in wages, hours and other terms and conditions of employment of the
affected employees which shall be submitted to the City Council of the City for approval and implementation
of these changes by appropriate ordinance, resolution, or other lawful action.
Therefore, the City and the Association agree that, subject to approval and implementation by the City Council of
the City, the wages, hours and other terms and conditions of employment for all affected employees shall be altered
as follows:
1. TERM
The term of this Memorandum of Understanding (MOU) shall commence August 1, 2000 and shall continue in full
force and effect until July 31, 2004
2. IMPLEMENTATION
This document is subject to approval of the City Council of the City of Azusa, and following such approval shall be
implemented by appropriate resolution(s) or ordinance(s) of the City Council.
3. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and economic terms and conditions of employment presently enjoyed
by employees shall remain in full force and effect during the entire term of this document unless mutually agreed
to the contrary by both parties hereto.
4. NON-DISCRIMINATION
4.1. Protection of Rights
The City and the Association shall recognize and protect the rights of all employees hereby to join and/or
participate in protected Association activities or to refrain from joining or participating in protected activities
in accordance with Government Code Section 3500, et sea.
4.2. Anti -Discrimination
The City and the Association shall not discriminate against any employee because of race, color, sex, age,
national origin, political or religious opinions or affiliations. The City and the Association shall reopen any
provisions of this Agreement for the purpose of complying with any final order of the federal or state agency
11
0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
or court of competent jurisdiction requiring a modification or change in any provision or provisions of this
document in compliance with state or federal anti -discrimination laws.
5. REOPENER
Should No. 6 render invalid any provision of this document, then meet -and -confer session(s) shall immediately
commence in the effort to agree upon replacement(s) for such invalidated provisions(s).
6. SAVINGS CLAUSE
Should any State or Federal law mandate the loss of revenue to the City as a result of the implementation of any
clause of this document, or should any State or Federal law render a clause(s) of this document invalid, then those
changes alone shall not be given effect and the remainder of this document standing shall be unaffected and shall
remain in full force and effect.
SEPARABILITY
Should any provisions of this document be found to be inoperative, void, or invalid by a court of competent jurisdiction,
all other provisions of this document shall remain in full force and effect for the duration of this document.
8. TOTAL COMPENSATION
As a matter of philosophy, the City recognizes that compensation consists of terms and conditions of employment
other than those represented solely by salary. Further, the City recognizes that the changes in wages, hours and
otherterms and conditions of employment asset forth in this document constitute additions to the total compensation
received by affected employees.
9. CITY RIGHTS
9.1. Management Rights
The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not
been expressly abridged by specific provision(s) of this document or by law to manage the City, as such rights
existed prior to the execution of this document. The sole and exclusive rights of Management, as they are not
abridged by this document or by law, shall include, but not be limited to, the following:
9.1.1. To manage the City generally and to determine the issues of policy.
9.1.2. To determine the existence or non-existence of facts which are the basis of the Management
decision.
9.1.3. To determine the necessity and organization of any service or activity conducted bythe City and
expand or diminish services.
9.1.4. To determine the nature, manner, means and technology and extent of services to be provided
to the public.
9.1.5. To determine methods of financing.
9.1.6. To determine types of equipment or technology to be used.
9.1.7. 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.
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
9.1.8. 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.
9.1.9. 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.
9.1.10. To relieve employees from duties for lack of funds or lack of work or similar non -disciplinary
reasons.
9.1.11. To establish and modify productivity and performance programs and standards.
9.1.12. To discharge, suspend, demote or otherwise discipline employees for proper cause.
9.1.13. To determine job classification and to reclassify employees.
9.1.14. To hire,transfer, promote or demote employees for non-disciplinaryreasonsinaccordancewith
this document and applicable Resolutions and Codes of the City.
9.1.15. To determine policies, procedures and standards for selection, training and promotion of
employees.
9.1.16. To establish employee performance standards including, but not limited to, quality and quantity
standards and to require compliance therewith.
9.1.17. To maintain order and efficiency in its facilities and operation.
9.1.18. 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.
9.1.19. To take any and all necessary action to carry out the mission of the City in emergencies.
9.2. Conformance with Rules
The City shall have the right to exercise the rights provided in sections 9.1.8 through 9.1.16. of the Management
rights clause, in accordance with the Personnel Rules and Regulations and shall exercise these rights in
conformance with the Personnel Rules and Regulations.
9.3. Meet and Confer
Except in emergencies, or where the City is required to make changes in its operations because of the
requirements of law, whenever the exercise of Management's rights shall impact on employees of the
bargaining unit, the City agrees to meet and confer with representatives of the Association regarding the impact
of the exercise of such rights, unless that matter of the exercise of such rights is provided for in this document,
or in Personnel Rules and Salary Resolutions and Administrative Code(s) which are incorporated in this
document. By agreeing to meet and confer with the Association as to the impact and the exercise of any of the
foregoing City Rights, Management's discretion in the exercise of these rights shall not be diminished.
10. WORKWEEK AND TIMEKEEPING INTERVAL
10.1. Workweek
The regular workweek for all employees covered by this document shall be forty (40) hours for a seven (7) day
period beginning at 12:01 a.m. each Sunday and consists of four (4) days a week and ten (10) hours per day.
9 0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
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.
10.2. Workday
The workday will consist often (10) hours with fifty (50) minutes for lunch and breaks to be scheduled in light
of the departmental policy.
The City reserves the right to determine the beginning and ending times of the work day.
10.3. 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.
11. SALARY
11.1 Salaries Effective 8-1-2000
The current base monthly salary of employees in the unit covered by this MOU are set forth in "Exhibit
A"
11.2 Cost of Living Increases
11.2.1 Effective July 1, 2001, 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 4%.
11.2.2 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 5%.
11.2.3 Effective July 1, 2003, 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 6%.
11.3. Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the
Automated Clearing House service.
12. ADDITIONAL COMPENSATION/ PREMIUM PAY
12.1. Bilingual Pay
The City shall pay an additional $100 per month to personnel demonstrating a proficiency in the Spanish
language if they are assigned and required to speak and translate the Spanish language in performance of their
duties. An additional payment of $100 per month shall be paid to those who are proficient in written Spanish
as well.
Such payment is conditional upon demonstration of Spanish language proficiency by a qualified third -party
examiner mutually agreed upon by both the City and the Association.
0 0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
Employees may apply for bilingual pay at any time; however, examinations shall be conducted semi-annually.
12.2. Callback Pay
If an employee is required to be called back to work after completing his or her normal shift or after having left
City premises or the employee's work location, the employee shall be compensated at the appropriate rate for
each hour worked on Callback with a minimum of (2) hours Callback compensation at the appropriate rate,
regardless of whether the employee actually works less than two (2) hours. This provision shall be applicable
to an employee even though the employee's regular work week is not complete but shall not apply to an
employee who is continuing on duty for his/her normal work shift. For the purposes of this section only, the time
starts when the Callback call is received by the employee.
12.2.1. Appropriate Rate of Pay for Callback
The rate of pay for Callback shall be at one and one-half (11/2) times the normal rate of pay, except
between 12 midnight and 5 a.m., the first call shall be compensated at double-time (2) rate. For the
purposes of this section only, the time period to be used in computing whether a callback is the first
callback shall be from 4:00 p.m. to 4:00 p.m. the next calendar day. All other callbacks during the same
twenty-four (24) hour period shall be compensated at the double-time (2) rate.
12.3. Court Time
The minimum court appearance time shall be four (4) hours per day. Court time is applicable only for court
appearances scheduled during off-duty hours.
12.4. Deferred Compensation (Employer Paid)
The City shall provide $45 per month in deferred compensation to each employee,
12.5. Longevity Pay
The monthly longevity pay for employees who have completed the specified years of full-time City
service shall be in accordance with the following schedule.
7 yrs = $80
10 yrs = $100
15 yrs =$175
20 yrs = $250
Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity pay
than the amount provided for above shall continue to receive the higher dollar amount until eligible
for an increase based on the schedule set forth above.
12.6. Overtime/Compensatory Time
Employees shall be entitled to Overtime Pay or Compensatory Time off for all hours worked in excess often
(10) hours in one work day or forty (40) hours within the employee's regular work week. For the purposes of
this document, Holiday Pay, Sick Leave, and other Compensated Time off shall count for the hours.
Compensatory Time may be accumulated at the appropriate rate for each hour of overtime worked to a
maximum accrual of two hundred forty (240) hours.
Overtime Payor CompensatoryTimeoff for Overtime Payshall 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.
0 •
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
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 two hundred forty (240) hours.
12.6.1 Overtime Meal Policy
12.6.1.1 Beyond Regular Shift
When an employee is required to work continuous, unplanned overtime beyond his or her
regular shift, he or she shall be provided with a meal and time to eat the meal no more than
two hours after the commencement of such work and no less frequently than everyfour hours
actually worked thereafter or he or she shall receive a meal reimbursement of nine dollars
($9) for each such period.
12.6.1.2 Outside of Regular Shift
When an employee is required to perform scheduled or unscheduled work outside of his or
her regularwork hours, as a result of an emergency situation, he or she shall be provided with
a meal and the time to eat the meal no less frequently than every four (4) hours or a meal
reimbursement of nine dollars ($9) for each such four (4) hour period.
12.6.1.3 Before 5 a.m.
In the event that an employee is summoned to work before five o'clock in the morning (5 a.m.)
and is required to continue to work into his or her regular shifton the same task that he or she
was summoned for, he or she shall be provided with a meal and time to eat the meal no less
frequently than every four (4) hours or a meal reimbursement of nine dollars ($9) for each
such four (4) hour period.
12.7. Shift Differential
Persons assigned to work the following shifts will be compensated as follows:
Swing Shift: additional $.52 per hour
Morning Shift: additional $1.04 per hour
Swing Shift is generally considered to be 1500 to 0100; Early Morning Shift is generally considered to be 2200
to 0800; any shift that includes at least one-half of either of these shifts shall receive shift differential for the
entire shift. Shift differential pay will not apply to individuals who are working either of the above shifts on an
overtime basis, on a shift exchange or when called out due to an emergency.
12.8. Training Pay
Association employees shall receive Training Payat the rate of five percent (5%) in addition to base salarywhile
assigned to train a person to perform the functions of their respective divisions.
12.9. Uniform Allowance
The City agrees to provide a Uniform Allowance of seven hundred sixty dollars per year ($760), which shall
be paid in November, for all employees who are required to wear or maintain a uniform.
`J
0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM
13.1. 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.
13.2. The equipment configuration shall be appropriate to the employee's position and career with the City.
13.3. 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.
13.4. The employee shall complete a Promissory Note provided by Finance. The City will fund the loan on
an interest free basis. Loan payments must be by payroll deduction. Each loan payment period shall
not exceed two years and the aggregate value of all loan(s) shall not exceed $5,000 per employee. In
order for an employee to receive a loan under the Plan for equipment upgrades for purchase of
equipment components, the employee must certify that he/she already owns the remaining components
required to constitute a computer system.
13.5. 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.
14. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, an office employee's personal clothing or effects is accidentally damaged or destroyed,
the employee may submit a claim for reimbursement up to one hundred dollars ($100) to the department head or his
or her designee. The department head or his or her designee shall have the authority to investigate the claim and
recommend to the City Manager, or his or her 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 eyeglasses or contact lenses and hearing aid devices
are exempt from the one hundred dollar ($100) limit.
15. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan.
16. FLEXIBLE BENEFIT PLAN
16.1. 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.
16.2. Amount of Monthly Benefit
Effective January 1, 2001, the City will maintain the FBP at seven hundred thirty-one dollars ($731.00) per
month for each employee. This plan can be used by the employee to pay, to the extent available, for qualified
benefits as determined by the IRS. The employee understands that, in the event the total premiums and/or
expenses for qualified benefits selected by him/her exceed the amount of the FBP, the excess shall be deducted
from pre-tax wages of the employee.
IN
0 0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
16.3 Yearly Increase
16.3.0.1 Effective January 1, 2002, the City will increase the FBP contribution in an amount equal to
the average percentage increase for the basic plan premium for Health Maintenance
Organizations (HMOs) under the California Public Employees Retirement System (CaIPERS)
insurance program, not to exceed 8 percent
16.3.0.2 Effective January 1, 2003, the City will increase the FBP contribution in an amount equal to
the average percentage increase for the basic plan premium for Health Maintenance
Organizations (HMOs) under the CaIPERS insurance program, not to exceed 8 percent
16.3.0.3 Effective January 1, 2004, the City will increase the FBP contribution in an amount equal to
the average percentage increase for the basic plan premium for Health Maintenance
Organizations (HMOs) under the CaIPERS insurance program, not to exceed 8 percent
16.4. 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.
16.5. Termination
The City will not be responsible for payment of any qualified benefits on behalf of the employee following the
month of termination. If an employee represented by the Association wishes to continue his/her qualified
benefits, advance payment for such qualified benefits will be deducted from the employee's final pay.
For the purposes of clarification, this language means that existing employees will receive FBP for their last
month of employment even if they work just one work day into that last month.
17. LEAVE TYPES
17.1. Bereavement Leave
An employee may be permitted to take up to forty (40) hours of Bereavement Leave in the event of the death
of a member of his or her immediate family. "Immediate family" member is herewith defined as a mother, father,
brother, sister, domestic partner, child, mother-in-law, father-in-law, grandparents or relative living within the
employee's household. Person in loco parentis may also be considered under certain circumstances. Such
leave shall not be charged against the employee's Sick Leave or Vacation Leave. 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 not be charged against the employee's accrued Sick Leave balance and shall
be considered in calculating his or her ability to convert the balance.
0 0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
17.2. Holidays
17.2.1. 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:
Holiday Schedule
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
17.2.2. Floating Holidays
The City and the Association agree to two floating holidays of ten (10) hours each. All floating holidays
shall be requested in advance from the appropriate department head or division chief. Enough
employees shall remain at work during floating holidays so that the City's business maybe conducted.
Floating holidays shall accrue on July 1 and must be taken by the following June 30, or the hours will
be forfeited.
17.3. 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:
17.3.1 An employee granted Industrial Leave shall continue to be compensated at his regular rate
of pay in lieu of temporary disability payments.
17.3.2 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 17.3.1 above.
0 0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
17.3.3 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 nine (9) months. Supporting medical documentation must
accompany such requests for leave and be submitted thirty (30) days prior to expiration date.
17.3.4 Prior to the end of the nine (9) months of paid leave pursuant to this section, the employee
may apply for benefits under the City's long-term disability plan. If the employee is qualified
to receive benefits under the disability plan, Vacation and Sick Leave shall accrue, and the
City shall continue to pay benefits under the City's Flexible Benefit Plan and CalPERS so far
as required by law for such employee for an additional three (3) month period. An employee
receiving long-term disability may be eligible to return to work on or before three (3) months
from the time employee began receiving long-term disability benefits. The employee shall
notify the department head as soon as practicable as to whether he or she will be returning
to work prior to the expiration of the three-month period in which the employee has been on
long term disability.
17.3.5 Except as provided in 17.3.2, no employee shall have accrued sick leave deducted while on
industrial leave.
Vacation and Sick Leave shall accrue for an employee on Industrial Leave.
17.3.6 Industrial Leave shall expire when one of the following conditions occurs:
17.3.6.1 Employee is able to return to work to his regular position.
17.3.6.2 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:
17.3.6.3 The employee's condition is determined to be permanent or of an extended
duration.
17.3.6.4 The degree of disability precludes continued employment by the employee in
his/her present position.
17.3.6.5 After thirty-nine (39) weeks of industrial disability payments.
17.3.7 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.)
17.4. Sick Leave
Sick Leave shall not be construed as a right which an employee may use at his or her discretion, but
shall be allowed only in case of necessity or actual sickness or disability. Sick Leave must be exhausted
before Compensatory Time off or Vacation Leave may be used for sick leave reasons.
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.
10
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
The Finance Department will analyze and report to the employees the amount of :lick Leave earned,
less the amount used, and the net accrued during the calendar year.
17.4.1. Reasons for Use of Sick Leave
Sick leave shall be granted for the following reasons:
17.4.1.1 Personal illness or physical incapacity.
17.4.1.2 The illness of a member of the employee's immediate family (father, mother,
sister or brother), or members of the employee's household (husband, wife, and
children) that require the employees' personal care and attention.
17.4.1.3 Enforced quarantine of the employee in accordance with Health Department
regulations.
17.4.1.4 Medical, dental, and optical appointments.
17.4.1.5 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. Employees
must provide advance notice for Personal Business Leave whenever possible.
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 Cash -In program or with regard to employee
performance evaluations.
17.4.2 Restrictions on Sick Leave
17.4.2.1 Disability arising from any sickness or injury purposely self-inflicted.
17.4.2.2 Sickness or disability sustained while on leave of absence, other than regular
Vacation Leave.
17.4.2.3 Disability or illness arising from compensated employment other than with the
City.
17.4.2.4 Sick leave use under Section 17.4.1.2 shall be limited to twelve days per year;
except that up to twelve weeks per year (running concurrently with family medical
leave) may be approved by the department head when treatment of a relative
covered under Section 17.4.1.2 has an illness, injury, orcondition, which maybe
expected to be of long duration, has no reasonably date of termination and
requires continuous or intermittent care by the employee.
17.4.3. 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.
11
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
17.4.4. 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.
17.4.5. One -Fourth Conversion
If the employee has used more than three, but not more than six days of sick leave, not including time
spent on personal business or bereavement, he or she would have the following options:
17.4.5.1 Carry over the accrual and add it to his or her sick leave balance.
17.4.5.2 Convert, onlyto 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.
17.4.6. One -Third Conversion
If the employee has used no more than three days of sick leave, not including time spent on personal
business or bereavement, he or she would have the following options:
17.4.6.1 Carry over the accrual and add it to his or her sick leave balance.
17.4.6.2 Convert, only to the extent that his/her balance is more than zero atthe 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.
17.4.7. Conversion to Cash upon Retirement or Separation
The employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash upon
death (provided he or she has attained permanent status); disability retirement (provided he or she has
been employed by the City a minimum of five (5) years); or voluntary retirement (provided he or she has
been employed by the City a minimum of ten (10) years.
Upon separation for other reasons, the employee may convert fifty percent (50%) of his or her accrued
Sick Leave balance to cash for hours in excess of three hundred twenty (320) hours to a maximum
payment of two hundred forty (240) hours.
17.4.8. 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 17.4.7., to retirement
service credit.
17.4.9. Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be made by March 31.
12
0
r1L
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
17.5. Vacation Leave
17.5.1. Required Usage and Carryover
An employee shall be required to use one half (14) of his/her annual vacation accrual yearly and shall
be able to carry over one half (/2) of one year's vacation accrual from one year to the next, cumulatively,
up to a maximum of fifty two (52) times the then -current pay period rate of vacation accrual. Vacation
accrual in excess of the aforementioned maximum shall be paid off in four equal annual payments
during the term of this MOU; and future accrual which exceeds the aforementioned maximum, shall be
paid to the employee as it is accrued. In special cases where it has not been possible, due to workload
and other factors, for the employee to use his/her vacation before reaching the maximum, it shall be
within the department head's authority to authorize cash payment in lieu of time off.
17.5.2. Cash -In Policy
All employees shall be allowed to cash in one-half (/2) of the annual vacation accrual per year in lieu
of carrying it over.
17.5.3. Accrual
Vacation leave shall accrue as follows:
Through the 4th year of employment ......... 90 hours per year
Through the 5th year of employment ....... 120 hours per year
Through the 6th year of employment ....... 128 hours per year
Through the 7th year of employment ....... 136 hours per year
Through the 8th year of employment ....... 144 hours per year
Through the 9th year of employment ....... 152 hours per year
Through the 10th year of employment ...... 160 hours per year
Through the 11th year of employment ...... 168 hours per year
Through the 12th year of employment ...... 176 hours per year
Through the 13th year of employment ...... 184 hours per year
Through the 14th year of employment ...... 192 hours per year
Through the 15th year of employment ...... 200 hours per year
Through the 16th year of employment ...... 210 hours per year
18. LICENSE RENEWAL
The City agrees to pay the cost of maintaining certifications and licenses that are within the minimum requirements
for the licensee's job.
19. LIFE INSURANCE
The City shall provide term life insurance equal to twelve months of salary or $30,000, whichever is greater, excluding
overtime, standby, callback and other forms of supplemental compensation, for each employee.
20. LONG TERM DISABILITY INSURANCE
20.1. The City shall maintain in effect for the term of this agreement a long-term disability plan covering
employees set forth herein. Said plan shall provide an employee with a maximum of two-thirds (2/3)
of his/her base salary. An employee may utilize his/her accrued sick leave, vacation, and/or
compensatory time to supplement the LTD payment so as to receive 100% of his/her base salary. The
LTD plan includes the following:
13
0
0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
20.1.1 Provides 66.67% of the employee's monthly salary;
20.1.2 Commences after a 30 calendar day waiting period and provides a benefit to age 65;
20.1.3 For the first 30 days of non -job related illness or injury, the employee will use accrued Sick
Leave, Compensatory Time or Vacation Leave;
20.1.4 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;
20.1.5 At no time will an employee receive more than 100% of their base pay;
20.1.6 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.
21. RETIREMENT
The City shall continue its contract with the California Public Employees' Retirement System (CaIPERS), and for the
2% @ 55 Full Formula plan. The City shall also maintain the increased level of the 1959 Survivor Benefit. The City
shall continue to pay both the "employee" and "employer" share of the cost.
21.1 CaIPERS Optional Benefits
21.1.1 The City's contract with the CaIPERS includes the additional benefit of Service Credit for
Unused Sick Leave.
21.1.2 The optional benefit of Two Year Additional Service Credit shall be discretionary with the
Council in accordance with Government Code Section 20903.
21.1.3 The City's contract with CaIPERS shall include the Emptoyer-Paid Member Contribution in
base pay during the final compensation period.
21.2. Health Insurance During Retirement
Beginning with the first month after retirement, for Association employees who had at least twenty (20) years
of service with the City of Azusa, and who enroll or continue in the City's health insurance program, the City will
reimburse monthly the amount of one-half (/2) of the premiums for such health insurance, regardless of how
many family members are enrolled. In the event that the employee is single or widowed, and has no
dependents, the City's contribution shall be equal to 100% of such premium. In the event that the employee
passes away and is survived by an eligible spouse, the benefit shall continue. But, if the employee passes away
and has no surviving spouse the benefit shall not carryover to the surviving dependents. This plan shall remain
in effect until the retiree, or eligible spouse, passes away, whichever occurs later. Otherwise the benefit shall
terminate. Once an individual has qualified for this provision, he or she shall retain this eligibility. The minimum
contribution (currently $16 per month) that the City pays directly to CalPERS shall be considered to be part of
the portion paid by the City.
22. TUITION REIMBURSEMENT
22.1. Objective
The tuition reimbursement program is designed to encourage employees to continue their self -development by
enrolling in approved classroom courses which will:
22.1.1 Educate them in new concepts and methods in their occupational field and prepare them to
meet the changing demands of their job.
14
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
22.1.2 Help prepare them for advancement to positions of greater responsibility in the City of Azusa.
22.2 Eligibility
22.2.1. 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.
22.2.2. Courses must be (except where noted below in paragraphs 21.3.3. and 21.3.4.) traditional
classroom courses taken at col leges or universities and approved by the Western Association
of Schools and Colleges. 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.
22.2.3. Coursework must be related to the employee's current occupation or to a City classification
to which the employee may reasonably expect promotion.
22.3. Courses may be eligible if they:
22.3.1. 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.
22.3.2. Do not duplicate training which the employee has already had or which is to be provided in-
house.
22.3.3. Do not duplicate previously taken courses unless special approval has been granted by the
department head and the Human Resources Division.
22.3.4. 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.
22.3.5. Are not taken on City time and must be certified that they are taken on the employee's off-duty
time.
22.3.6. Are part of a bona -fide curriculum of the study of the Spanish language.
22.3.7. Have been approved by the Department Head before commencement of the class.
22.4. Reimbursement
22.4.1. 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.
22.4.2. Employees shall be reimbursed up to the dollar amount charged for the same number of units
per term by California State University system.
22.4.3. 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.
15
0 0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
22.4.4. 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.
22.4.5. 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.
22.4.6. Application for reimbursement must be submitted within three months of the completion of the
approved course in order to be considered for reimbursement.
22.4.7. Upon termination from employment, employees shall be required to reimburse the Cityforany
funds received under this program for courses completed during the last twenty-four 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.
23. FLEXIBLE STAFFING POSITIONS
The following classifications shall be incorporated into a "Flexible Staffing" pattern.
Police Records Specialist I, II & III
The "I" classification is an apprentice classification. Employees in this classification shall be promoted (on
probationary status) to the "II" classification upon successful completion of one (1) year of service at the fifth
(5th) salary step, Employees in the "II" classifications shall be promoted (on probationary status) to the "III"
classifications upon successful completion of one (1) year of service at the fifth (5th) salary step and when, in
the opinion of the Department Head, the employee has retained the practical knowledge of the performance of
all facets of the duties required of the 'III" classification. In the event that the employee is not promoted as
described above, he or she shall be presented in writing the reason(s) for the denial of the promotion, and a list
of the area(s) of which the employee has insufficient knowledge to achieve the promotion. Nothing in this article
shall preclude management from promoting a qualified employee to a higher step/classification in their flex
series.
24. JOB SHARING
24.1 Job Sharing Definition: Bifurcation of the job duties (essential functions) of a full-time classification into
two equal Y2 -time jobs that total full-time work, generally 40 hours per week, 52 weeks per year.
24.2 Benefits: A Job Sharing Employee shall receive, as applicable, benefits on the basis of one-half the rate
accorded to comparable full-time employees. No other method of pro -ration shall apply. For benefits
that have a time or service requirement to qualify to receive them, a year shall be defined as successful
completion of 2080 hours of service. Under Job Sharing, this will generally be 104 weeks at 20 hours
per week.
24.3 Job Sharing Employee: One of a pair of employees, each of whom job shares by performing one-half
of the essential functions of a full-time classification and who works Y2 of the hours of the full-time class,
generally 20 hours per week, 52 weeks per year.
24.4 Layoff. In case of layoff under Rule 13.2.2, of the Rules of the Civil Service System, Job Sharing
Employees would be considered for layoff after permanent part-time but before permanent full-time
employees.
24.5 If one of the counterparts of a shared job leaves his or her position, the City shall offer to the remaining
counterpart the opportunity to attain full-time status as a probationer. If declined, the City shall recruit
for another counterpart. One counterpart shall not be laid off solely due to the departure of the other.
16
0
0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2000 THROUGH JULY 31, 2004
24.6 Resumption of Full -Time Status. If a Job Sharing Employee wishes to resume full-time work with the
City, he or she shall seek reassignment or transfer to a full-time position. Should the employee's
department be unable to effect such reassignment, the employee shall seek a transfer as prescribed
under the Civil Service Rules.
24.7 Involuntary Conversion to or from Job Sharing Status. Neither Management nor Employees shall
convert full-time positions to job -sharing positions, or the converse, without first consulting with the other
party. If both parties are in agreement, as well as the affected employees, the decision shall be
memorialized via Personnel Action Request forms.
24.8 Salary Anniversary Date. If an employee's appointment to a Job Sharing position is father as anew hire
or by promotion, the salary anniversary date shall be defined as that date which occurs upon successful
completion of 2080 hours of service, generally 104 weeks at 20 hours per week. Such employees may
be considered for a merit increase after successful completion of 1040 hours of service, generally 52
weeks at 20 hours per week. Subsequent salary anniversary dates shall be defined as those dates
which occur upon completion of 2080 hours of service, generally 104 weeks at 20 hours per week. If
an employee's appointment to a Job Sharing position is not a new hire or promotion, the salary
anniversary date shall be based on his or her prior service, in accordance with the Civil Service Rules.
25. POLICIES
The City shall establish an ad hoc committee consisting of management representatives and a representative
of each employee organization to discuss and develop the following policies:
Donation of Sick Leave
Reasonable Suspicion Drug and Alcohol Testing
Attendance
Family Medical Leave
Pregnancy Disability Leave
26. LAYOFF
The City agrees that in the event employees represented by the Association are laid off from their employment, a
minimum of forty-five (45) calendar days notice will be given to each individual affected employee. Such notice shall
be in writing and signed by an appropriate management employee.
17
CAPP EXHIBIT "A"
MONTHLY
SALARY
July
1, 1999 throw
Ih June 30, 2001
CLASSIFICATION
RANGE
Step 1
Step 2
Step 3
Step 4
Ste 5
,Community Service Officer
9164
$2,712.30
$2,841.70
$2,977.59
$3,120.25
$31270.08
Police Dispatcher
9164
$2,712.30
$2,841.70
$2,977.59
$3,120.25
_$3,270.08
Police Records Specialist I
9140
$2,162.47
$2,264.37
$2,371.42
$2,483.76
$2,601.75
Police Records Specialist II
9150
$2,375.71
$2,488.33
$2,606.52
$2 730.65
$2,860.98
Police Records Specialist III
9160
$2,592.66
$2,722.29
$2,858.40
$3 001.32
$3,151.39
• •
INDEX
Additional Compensation / Premium Pay (4)
Automatic Payroll Deposit (4)
Bereavement Leave (8, 9)
Bilingual Pay (4)
City Rights (2)
Conformance with Rules (3)
Meet and Confer (3)
Compensatory Time (5)
Cost of Living Increases (4)
Court Time (5)
Damage to Personal Effects (7)
Deferred Compensation (5)
Employee Assistance Plan (7)
Flexible Benefit Plan (7)
Flexible Staffing Positions (16)
Floating Holidays (9)
Holidays (9)
Home Exercise Equipment Loan Program (7)
Implementation (1)
Industrial Leave (9)
Job Sharing (16)
Leave Types (8)
Bereavement Leave (8, 9)
Holidays (9)
Industrial Leave (9)
Sick Leave (10)
Vacation Leave (13)
License Renewal (13)
Life Insurance (13)
Long Term Disability Insurance (13)
Longevity Pay (5)
Maintenance of Existing Benefits (1)
Management Rights (2)
Non-discrimination (1)
Anti -discrimination (1)
Protection of Rights (1)
Overtime Meal Policy (6)
Overtime/compensatory Time (5)
Policies (17)
Reopener (2)
Retirement (14)
Health Insurance During Retirement (14)
Optional Benefits (14)
Salary (4)
Cost of Living Increases (4)
Salaries Effective 8-1-2000 (4)
Savings Clause (2)
Shift Differential (6)
Sick Leave (10)
Accrual and Use (11)
Conversion Deadline (12)
Conversion to Cash upon Retirement or Separation (12)
Conversion to Service Credit upon Retirement (12)
One-fourth Conversion (12)
One-third Conversion (12)
Reasons for Use of Sick Leave (11)
Restrictions on Sick Leave (11)
Sick Leave During Vacation (12)
0
Term (1)
Total Compensation (2)
Training Pay (6)
Tuition Reimbursement (14)
Eligibility (15)
Eligible Courses (15)
Objective (14)
Reimbursement (15)
Uniform Allowance (6)
Vacation Leave (13)
Accrual (13)
Cash -in Policy (13)
Required Usage and Carryover (13)
Workweek and Timekeeping Interval (3)
Timekeeping Interval (4)
Workday (4)
Workweek (3)
0
MEMORANDUM OF UNDERSTANDING
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
8-1-2000 through 7-31-2004
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
Jerry Lennon DATE
L
McmaiFo un' Service Officer DATE
athy ntreras, Community Service Officer DATE
U
Rose Rodriouez olice Disoatc r DATE
CITY
N,
Ri k Cole, City Manager DATE
Z i
B�i"d, Best Best & ri er DATE
fin` l c CJ2-- 11- o - 00? Co
Dottie Wallace, Human Resources Manager DATE
HUNAN HL'S1T ;:j
28 NOV 00 .z; 00