HomeMy WebLinkAboutResolution No. 11-C62RESOLUTION NO. 11-C62
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, 2010 THROUGH JULY 31, 2016
WHEREAS, the City Council acknowledges the Azusa Police Management
Association as the recognized employee organization representing those personnel occupying the
positions identified in the attached Memorandum of Understanding between the City and the Azusa
Police Management Association (APMA), and
WHEREAS, the Memorandum between the City of Azusa and the APMA expired July
31, 2010, 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 8 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 City of Azusa and
the APMA covering the period of August 1, 2010 through July 31, 2015, 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.
The City Clerk shall certify the passage of this Resolution.
APPROVED AND PASSED this 6`" day of September, 2011.
/"q2-1�'1
/4oseph H. Rocha, Mayor
I HEREBY CERTIFY that the foregoing Resolution wqhs duly passed by the City
Council of the City of Azusa at a regular meeting thereof held on the 6 day of September, 2011.
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
4141mjoove'11�"
an ace I oscano, Deputy City Clerk
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND THE
AZUSA POLICE MANAGEMENT ASSOCIATION
EFFECTIVE
AUGUST 1, 2010 THROUGH JULY 319 2015
1. TERM OF MEMORANDUM OF UNDERSTANDING............................................................... 1
2. TOTAL COMPENSATION............................:...........................................................................1
3. NON-DISCRIMINATION...........................................................................................................2
4. SEPARABILITY.........................................................................................................................2
5. MAINTENANCE OF EXISTING BENEFITS............................................................................. 2
6. CITY RIGHTS........................................................................................................................... 2
7. WORKWEEK AND TIMEKEEPING INTERVAL......................................................................4
8. SALARY....................................................................................................................................4
9. ADDITIONAL COMPENSATION/PREMIUM PAY....................................................................
5
9.1
Acting Employee............................................................................................................
5
9.2.
Bilingual Pay...................................................................................................................
6
9.3.
Callout.............................................................................................................................6
9.4.
Deferred Compensation (City-paid)...............................................................................
6
9.5.
Educational Incentive Pay..............................................................................................
6
9.6.
Longevity Pay.................................................................................................................7
9.7.
Off -Duty Court Appearance Time...................................................................................
8
9.8.
Standby ("Court On Call") Pay.......................................................................................
9
9.9.
Overtime/Compensatory Time............................................r..........................................
9
9.10.
Special Assignment Pay..................................................................................9
9.11
Shift Differential...........................................................................................10
9.12.
Uniform Allowance.....................................................................................................
10
10. LEAVE/DAYS OFF..................................................................................................................
10
10.1.
Administrative Leave....................................................................................10
10.2.
Personal Leave.............................................................................................................
11
10.3.
Bereavement Leave.....................................................................................................
11
10.4.
Holidays........................................................................................................................11
10.5.
Industrial Leave............................................................................................................
12
10.6.
Sick Leave....................................................................................................................
13
10.7.
Vacation Leave.............................................................................................................
17
iWA1,11 iPli] IIS :3
12. DAMAGE TO PERSONAL EFFECTS.................................................................................... 18
13. SAFETY EQUIPMENT..........................................................................................18
14. EMPLOYEE ASSISTANCE PLAN.......................................................................................... 19
15. FLEXIBLE BENEFIT PLAN....................................................................................................
19
15.1. Definition.......................................................................................................................19
15.2. Amount of Monthly Benefit...........................................................................................
19
15.3. Eligibility ........................................................................................................................20
15.4. Termination...................................................................................................................20
16. DISABILITY INSURANCE...................................................................................................... 20
17.
LICENSE RENEWAL..............................................................................................................
21
18.
LIFE INSURANCE..................................................................................................................
21
19.
OUTSIDE EMPLOYMENT......................................................................................................
21
20.
PAYROLL DEDUCTION.........................................................................................................
21
21.
PHYSICAL EXAMINATIONS..................................................................................................
21
22.
RETIREMENT.........................................................................................................................
22
22.1 Optional Benefits..........................................................................................................
22
22.2. Health Insurance During Retirement............................................................................
23
22.3. Retirement Planning Seminar......................................................................................
24
23.
TUITION REIMBURSEMENT.................................................................................................
24
CITY OF AZUSA
AZUSA POLICE MANAGEMENT ASSOCIATION
MEMORANDUM OF UNDERSTANDING
August 1, 2010, through July 31, 2015
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
Police Sergeant
(2) In the interest of maintaining harmonious relations between the City and those employees
represented by the Association, authorized representatives of the City and the Association have
met and conferred in good faith, exchanging various proposals concerning wages, hours and other
terms and conditions of employment to affected employees.
(3) The authorized representatives of the City and the Association have reached an understanding
and agreement as to certain changes in wages, hours and other terms and conditions of
employment of the affected employees which shall be submitted to the City Council of the City 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:
1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on August 1, 2010, and shall continue through and
including July 31, 2015.
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.
APMA MEMORANDUM OF UNDERSTANDING, AUGUSTI, 2010, THROUGH JULY 31, 2015
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 sea.
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.
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 any service or activity conducted by the 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.
6.13 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.
APMA MEMORANDUM OF UNDERSTANDING, AUGUSTI, 2010, THROUGH JULY 31, 2015
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 non -disciplinary
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.
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 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 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.
APMA MEMORANDUM OF UNDERSTANDING, AUGUSTI, 2010, THROUGH JULY 31, 2015
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 (1/2) 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 workday.
Police Lieutenant:
For employees assigned to patrol, the workday will consist of ten (10) hours with lunch and breaks to be
scheduled in light of department policy.
Police Sergeant:
For employees who are scheduled to work a 3/12.5 schedule, the workday will consist of 12.5 hours and a 10 -
hour make-up day each 28 -day work period.
For employees assigned to Detectives, the workday will consist of ten (10) hours with lunch and breaks to be
scheduled in light of department policy.
7.3. Timekeeping Interval
Police Captain and Police Administrative Services Manager:
In compliance with FLSA, the minimum timekeeping interval, shall be one (1) ten (10) hour day.
Police Lieutenant and Police Sergeant:
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. °
Police Sergeant:
The parties acknowledge that to maintain the 3/12.5 schedule it is necessary to maintain a work period in
accordance with section 7(k) of the FLSA. The parties agree the work period will remain to be a 28 -day
work period. The city will pay overtime compensation to Police Sergeants as follows:
1. Working more than their regularly scheduled hours on a given day or
2. Working more than 160 hours over a 28 day FSLA work period.
SALARY
8.1 Effective August 1, 2010:
Police Captain and Police Lieutenant will receive a salary increase in base pay of 2.7%
Police Sergeant will receive a salary increase in base pay of 5%
Police Administrative Services Manager will receive a one time lump sum cash payment equivalent to 5% of the
annual base salary. The one time lump sum cash payment will not be subject to PERS retirement benefits.
APMA MEMORANDUM OF UNDERSTANDING, AUGUST1, 2010, THROUGH JULY 31, 2015
8.2 Effective January 1, 2011:
Police Sergeant will receive a salary increase in base pay of 2.25%
8.3 Effective August 1, 2011:
Police Captain and Police Lieutenant will receive a salary increase in base pay of 2.5%
Police Sergeant will receive a salary increase in base pay of 2.5%
Police Administrative Services Manager: the City agrees to engage in a "Reopener" for salary alone for the
position of Police Administrative Services Manager
8.4 Effective August 1, 2012:
Police Captain, Police Lieutenant and Police Sergeant will receive a salary increase in base pay of 2.5%
Police Administrative Services Manager: the City agrees to engage in a 'Reopener" for salary alone for the
position of Police Administrative Services Manager.
8.5 Effective August 1, 2013:
Police Captain and Police Lieutenant will receive a salary increase in base pay of 3%; in addition the City agrees
to engage in a 'Reopener for the purpose of discussing and/or reconciling potential compaction issues for the
Police Captain and Police Lieutenant positions only
Police Sergeant will receive a salary increase in base pay of 3%
Police Administrative Services Manager: the City agrees to engage in a "Reopener' for salary alone for the
position of Police Administrative Services Manager.
8.6 Effective August 1, 2014:
Police Captain and Police Lieutenant will receive a salary increase in base pay of 4%
Police Sergeant will receive a salary increase in base pay of 3.5%
Police Administrative Services Manager: the City agrees to engage in a 'Reopener" for salary alone for the
position of Police Administrative Services Manager
8.7 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.
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
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
Police Lieutenant and Police Sergeant:
If an employee occupying the position of Lieutenant or Sergeant 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 workweek 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 (11/2) times the normal rate of pay. Callout maybe
entered as Premium Overtime or as Compensatory Time Earned.
9.4. Deferred Compensation (City -paid)
Police Captain, Police Lieutenant and Police Administrative Services Manager:
The City shall provide $150 per month in deferred compensation.
Police Sergeant:
The City shall provide $90 per month in deferred compensation.
9.5. Educational Incentive Pay
Police Captain:
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.
Police Lieutenant and Police Administrative Services Manager:
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
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
Police Sergeant:
The City will pay two and one-half percent (2.5%) of the employee's base rate if he/she possesses an Associate
in Arts or Science degree or Intermediate Certificate issued by the California Commission on Peace Officer
Standards and Training (P.O.S.T.) with forty-five (45) semester or equivalent quarter units from an accredited
college or university, but not to exceed $125.
The City will pay five percent (5%) of the employee's base salary rate if he/she possesses a Bachelor of Arts or
Science degree or Advanced certificate issued by the California Commission on Peace Officer Standards and
Training (P.O.S.T.) with sixty (60) semester or equivalent quarter units from an accredited college or university,
but not to exceed $250.
Neither shall apply to an employee whose job description has an equivalency requirement for either an Associate
in Arts or Science degree or a Bachelor of Arts or Science degree.
Police Captain, Police Lieutenant, Police Administrative Services Manager and Police Sergeant:
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:
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 SERGEANT
7 yrs
$141.25
10 yrs
$282.50
15 yrs
$423.74
20 yrs
$564.99
POLICE ADMINISTRATIVE SERVICES MANAGER
7 yrs $151.85
10 yrs $303.70
15 yrs $455.56
20 yrs $607.41
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
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
Police Lieutenant and Police Sergeant:
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 and Sergeant. Court Time during regularly scheduled
working hours shall be compensated at straight time on an hour -for -hour basis.
The City agrees to pay for Off -Duty Court Appearance Time on an hour -for -hour basis with a minimum of four (4)
hours of pay at the appropriate rate (currently time and one-half). For example, if an employee, s shift begins at
3 p.m. and the employee's Off Duty Court Appearance begins at 2 p.m., the employee will be entitled to a
minimum of four hours of Off -Duty Court Appearance Time pay. Off Duty Court Appearance Time shall begin to
accrue as early as 8:30 a.m. or the Court -requested show -up hour, whichever is later. In cases where the
appearance is canceled by the Court (either directly or through the Department), the employee must be
personally notified of such cancellation by the Department no later than 6:00 p.m. of the previous court day, or a
guaranteed minimum of four (4) hours of Off -Duty Court Appearance Time shall apply. 'Personal' notification
shall be defined as any one of the following (to be agreed upon in advance between the employee and the
department Court Officer):
X In person,
X To a responsible message taker, or
X Via an answering machine or voice mail
Hour for Hour Traffic Court — Upon being served with a "Be -In -Court" subpoena for traffic related proceedings,
members of the APMA will be compensated with overtime if off-duty based upon the amount of time they
actually spend in court or at least a two (2) hour minimum, whichever is greater. 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;
a
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
9.8. Standby ("Court On Call") Pay
Police Lieutenant and Police Sergeant:
The City agrees to pay for court Standby Time (or other "On Call" time) by employees occupying the positions of
Lieutenant and Sergeant 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):
X In person,
X To a responsible message taker, or
X Via an answering machine or voice mail
9.9. Overtime/Compensatory Time
Police Lieutenant and Police Sergeant:
The classifications of Lieutenant and Sergeant 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.
Lieutenants and Sergeants shall be entitled to Overtime Pay or Compensatory Time off for all hours worked in
excess of ten (10) hours in one workday or forty (40) hours within the employee's regular workweek. For the
purposes of this agreement, Holiday Pay, Sick Leave, and other Compensated Time off shall count for the
hours. 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
(Also see section 10.1, Administrative Leave, Police Lieutenants)
Police Serqeant:
Employees scheduled to work the 3112.5 schedule shall be entitled to Overtime Payor compensatory time off at
the rate of one and one-half (1 %) times the employee's hourly rate for:
Working more than their regularly scheduled hours on a given day or
Working more than 160 hours over a 28 day FSLA work period. 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. Special Assignment Pay
Police Lieutenant:
In addition to base monthly salary, the following assignments for the classification of Lieutenant, when made
by the Chief of Police or his designee, shall receive ten (10) hours per month of Standby time, at the
Premium rate (currently time -and -one-half):
- Detective Lieutenant
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
Police Sergeant:
In addition to monthly basic pay, the following assignments, when made by the Chief of Police or his designee,
shall receive a minimum of ten (10) hours per month of Standby time, at the Premium rate (currently time -and -
one -half):
- Detective Sergeant
- SET Detective Sergeant
9.11. Shift Differential
Police Lieutenant:
Police Lieutenants assigned to the following shifts will be compensated for all hours worked as follows:
- Swing Shift: additional $.64 per hour
- Morning Shift: additional $1.27 per hour
Police Sergeant:
Employees assigned to the following shifts will be compensated for all hours worked as follows:
For employees scheduled to work a 3/12.5 schedule:
Night shift additional $1.08 per hour
Cover shift additional $.54 per hour
For employees scheduled to work a 4/10 schedule:
Swing Shift additional $.54 per hour
Morning shiftadditional $1.08 per hour
Shift differential pay will not apply to individuals who are working either of the above shifts on an overtime basis,
on a shift exchange or when called out due to an emergency.
9.12. Uniform Allowance
Uniform allowance for all APMA employees is $800 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
Police Captain and Police Administrative Services Manager:
Employees shall receive fifty (50) hours per year of Administrative Leave beginning on July 1
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
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
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. Personal Leave
Police Sergeant:
Thirty (30) hours Personal Leave may be taken by employee. Personal Leave is to be distinguished from
Personal Business Leave in that it does not have particular requirements for its use and is not deducted from the
employee's Sick Leave balance. An Employee Leave Request must be approved bythe appropriate department
head prior to the use of Personal Leave and such leave may not be carried over into the next fiscal year or
cashed in if it is not used. Personal Leave shall be granted with due regard for the employee's wishes and the
operational needs of the department. This Personal Leave is also to be considered similar to Vacation Leave in
that an open shift can be filled with overtime coverage.
10.3. 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.
r
Bereavement Leave for close personal relationships other than listed relationships may be approved by
Department Head and Director of Human Resources.
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.
10.4. Holidays
10.4.1. 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.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
The dates upon which these holidays shall be observed are listed below:
Holiday
Month
2010-
2011
2011-
2012
2012-
2013
2013-
2014
2014-
2015
Independence Day
July
5'
4'
4
4
7'
Labor Day
Sept
6'
5'
3'
2'
1'
Columbus Day
Oct
11'
10'
8'
14'
13'
Veteran's Day
Nov
11'
14'
12'
11'
11
Thanksgiving Day
Nov
25
24
22
28
27
Christmas Day
Dec
27'
26'
25
25
25
New Year's Day
Jan
3'
2'
1
1
1
Martin Luther King Day
Jan
17'
16'
21'
20'
19'
President's Day
Feb
21'
20'
18'
17'
16'
Memorial Day
May
30'
28'
27'
26'
25'
'=Mondays
10.4.2. Holiday Pay
Police Lieutenant:
Police Lieutenants assigned to shift work shall receive an additional 100 hours pay per year (10 hours x
10 holidays) whether the holiday is worked or falls on a regularly scheduled day off.
Police Sergeant:
Shift Personnel - Employees shall receive an additional 100 hours pay per year whether the holiday is
worked or falls on a regularly scheduled day off (paid the pay period following the holiday).
Non -Shift Personnel - Employees who work holidays shall receive regular pay plus time and a half for
hour's worked or equivalent compensatory time.
10.4.3. Floating Holidays
The City and the Association agree to three Floating Holidays of ten (10) hours each. All Floating
Holidays shall be requested in advance from the appropriate department head or division chief. Enough
employees shall remain at work during floating holidays so that the City's business may be conducted.
Floating Holidays shall accrue on July 1 and must be taken by the following June 30, or the hours will be
forfeited. It is the responsibility of the employee to make use of his or her holidays on a timely basis.
10.5. Industrial Leave (Workers Compensation)
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 benefits in accordance with this act.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
10.6. Sick Leave
Sick Leave shall not be construed as a right, which an employee may use at his or her discretion, but shall be
allowed only in case of necessity or actual sickness or disability.
The Finance Department will analyze and report to the employees the amount of Sick Leave earned, less the
amount used, and the net accrued during the calendar year.
10.6.1. 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.
10.6.2. Reasons for Use of Sick Leave
Sick Leave shall be granted for the following reasons
10.6.2.1 Personal illness or physical incapacity.
10.6.2.2 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.
10.6.2.3 Enforced quarantine of the employee in accordance with Health Department
regulations.
10.6.2.4 Medical, dental, and optical appointments.
10.6.2.5 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 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.
10.6.2.6 In the foregoing circumstances, Sick Leave must be exhausted before
Compensatory Time off or Vacation Leave may be converted to Sick Leave
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
110. 6.3. Restrictions on Sick Leave
Police Sergeant:
10.6.3.1 Disability arising from any sickness or injury purposely self-inflicted.
10.6.3.2 Sickness or disability sustained while on leave of absence, other than regular Vacation
Leave.
10.6.3.3 Disability or illness arising from compensated employment other than with the City.
10.6.4. Accrual and Use
For employees hired prior to July 1, 2011, 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.
For employees hired on or after July 1, 2011, sick leave with pay shall accrue at the rate of ten hours
per month for each calendar month of paid employment. No more than 1040 hours of sick leave may
be accrued. Sick leave will cease to accrue when an employee's accrued sick leave balance reaches
1040 hours. Sick leave accrual will resume when an employee's accrued sick leave balance drops
below 1040 hours.
10.6.5 Sick Leave Donation Policy
Employees shall be eligible for sick leave donation from co-workers in accordance with the City's policy.
10.6. 6. 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.
10.6.7. One -Fourth Conversion
.If the employee has used more than three, but not more than six days of Sick Leave, excluding time spent
on Personal Business or Bereavement, he or she would have the following options:
10.6.7.1 Carry over the accrual and add it to his or her Sick Leave balance.
10.6.7.2 Convert, only to the extent that his/her balance is more than zero at the beginning
of the new year, one-fourth of the accrual to Vacation or convert one-fourth to cash
(but no combination of these two); unused, unconverted leave would then be
added to the employee's Sick Leave balance.
10.6.8. One -Third Conversion
If the employee has used no more than three days of Sick Leave, excluding time spent on Personal
Business or Bereavement, he or she would have the following options:
10.6.8.1 Carry over the accrual and add it to his or her Sick Leave balance.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
10.6.8.2 Convert, only to the extent that his/her balance is more than zero at the beginning
of the new year, one-third of the accrual to vacation or convert one-third of it to
cash (but no combination of these two); unused or unconverted leave would then
be added to the employee's Sick Leave balance.
10.6.9 Mandatory Conversion Prior to Retirement
1) Members of the APMA, with a minimum of 25 years of service with the City of Azusa
and 1040 hours of accrued sick leave, shall "draw down" (reduce by conversion to
either cash or deferred compensation) accrued sick leave beginning with the final four
years of employment prior to their "normal" retirement date at age 50 and continuing
until separation from the City. The initial four years shall be calculated from the calendar
year the employee turns 49 and date backward for 4 years.
2) Employees shall "draw down" the maximum amount (of hours) possible on a tax
deferred basis (based on then applicable law) each year until the balance (of accrued
hours) reaches 1040 hours.
A. The conversion shall be as follows:
In November of each preceding year the Human Resources Department shall determine
for each APMA employee the number of hours of sick leave accrued in excess of 1040
hours and the applicable legal maximum dollar amount that may be contributed into the
employees 457 plan. The resulting amount shall be provided to each employee and a
determination must be made by the employee prior to January 1 of the subsequent year
as to whether the dollar value of the amount of any excess sick leave time shall be taken
as cash or as deferred compensation. Based upon employee's determination the City
shall place the entire amount into either deferred compensation or salary prior to the
second pay period in February.
Should the funds be placed into a qualified tax deferred account the proceeds shall be
managed by the employee and not the responsibility of the City of Azusa.
This sick leave draw down does not terminate or forfeit the APMA member's benefit of
such leave accrual up to the time of retirement. The provision is not a cap of sick leave
accrual. Also, members will retain the option to use accrued sick leave to purchase
PERS Service Credit rather than participate in the "draw down" program, subject to the
following:
a) Four years prior to the year the member turns 49 years of age they must
select either (1) the "draw down" program or (2) a "PERS Service Credit"
program. Once selected the member can not change programs.
10.6.10. Conversion to Cash Upon Separation
Police Captain, Police Lieutenant and Police Administrative Services Manager:
Upon separation due to death (if he or she had attained permanent status) the employee's
estate may receive fifty percent (50%) of his or her accrued Sick Leave balance in cash.
Upon disability retirement with at least five (5) years of service with the City of Azusa, the
employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
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.
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.
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.
Upon voluntary separation with at least twenty-five (25) cumulative years of City Service, the
employee may convert one hundred percent (100%) of his or her accrued Sick Leave balance
to cash.
In case of layoff, the employee shall be allowed to convert 100% of his or her accrued Sick
Leave balance to cash
Police Sergeant:
Upon separation due to death (if he or she had attained permanent status) the employee's
estate may receive fifty percent (50%) of his or her accrued Sick Leave balance in cash.
Upon disability retirement with at least five (5) years of service with the City of Azusa, the
employee may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash.
Upon voluntary separation with less than ten (10) cumulative years of sworn safety service
with the City of Azusa Police Department, the employee may 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.
Upon voluntary retirement with at least ten (10) years of City service, the employee may
convert fifty percent (50%) of his or her accrued Sick Leave balance to cash.
Upon voluntary separation with at least ten (10) cumulative years of sworn safety service with
the City of Azusa Police Department, the employee may convertfifty percent (50%) of his or her
accrued Sick Leave balance to cash.
Upon voluntary separation with at least twenty-five (25) cumulative years of sworn safety
service with the City of Azusa Police Department, the employee may convert one hundred
percent (100%) of his or her accrued Sick Leave balance to cash.
10.6.11. 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.
10.6.12. Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be made by March 31.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
10.7. Vacation Leave
10.7.1. Required Usage and Carryover
Police Captain, Police Lieutenant and Police Administrative Services Manager:
Leave will be credited on a "per -pay -period" basis. Employees shall be required to use one-half (2) 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.
Police Sergeant:
Vacation Leave will be credited on a "pay -per -period" basis. Employees shall be required to use one half
('/) of their annual Vacation accrual yearly and shall be able to carry over one half (%) of one year's
Vacation accrual from one year to the next, cumulatively, up to a maximum of fifty two (52) times the then -
current pay period rate of vacation accrual. Existing balances over the limit shall be paid off during the
term of this Memorandum of Understanding based on a payoff schedule determined by the employee.
Such excess vacation accrual may also be taken as time off if approved by management.
Effective 8-1-2000, employee with more than the maximum amount will not continue to accrue additional
Vacation Leave, but will receive cash each pay period in lieu of Vacation Leave until balance falls below
maximum time allowed. Employee may direct payoff to deferred compensation within the legal limits.
10.7.2. Cash -In Policy
Employees covered by this Memorandum of Understanding may convert vacation time to cash with
administrative approval.
10.7.3. Accrual
Vacation Leave shall accrue as follows:
Police Captain, Police Lieutenant and Police Administrative Services Manager:
Through the 5th year of employment
120 hours
Through the 6th year of employment
128 hours
Through the 7th year of employment
136 hours
Through the 8th year of employment
144 hours
Through the 9th year of employment
152 hours
Through the 10th year of employment
160 hours
Through the 11th year of employment
168 hours
Through the 12th year of employment
176 hours
Through the 13th year of employment
184 hours
Through the 14th year of employment
192 hours
Through the 15th year of employment
200 hours
Through the 16th year of employment
218 hours
Police Lieutenant:
In addition, Police Lieutenants assigned
to shift work shall accrue forty (40) additional hours per
year in lieu of holidays
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
Police Sergeant:
Through the 4th year of employment .......
90 hours per year
Through the 5th year of employment ......
120 hours per year
Through the 6th year of employment ......
128 hours per year
Through the 7th.year of employment ......
136 hours per year
Through the 8th year of employment ......
144 hours per year
Through the 9th year of employment ......
152 hours per year
Through the 10th year of employment .....
160 hours per year
Through the 11th year of employment .....
168 hours per year
Through the 12th year of employment .....
176 hours per year
Through the 13th year of employment .....
184 hours per year
Through the 14th year of employment .....
192 hours per year
Through the 15th year of employment .....
200 hours per year
Through the 16th year of employment .....
218 hours per year
Police Sergeant.-
In
ergeant:In addition to the above, sworn shift personnel shall accrue forty (40) additional hours per year in
lieu of holidays.
11. AUTOMOBILES
Police Captain and Police Lieutenant:
Captains and Lieutenants will be permitted to use city vehicles for commuting to and from home. Other than for
commuting the vehicle is not to be used for personal use. Data will be collected regarding the frequency and number
of call -outs from the employee's home.
12. DAMAGE TO PERSONAL EFFECTS
Police Captain, Police Lieutenant and Police Administrative Services Manager:
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).
Police Lieutenant:
It is further expressly understood for Police Lieutenants that prescription eye glasses or contact lenses and hearing aid
devices are exempt form one hundred dollar ($100) limit.
Police Sergeant:
If, in the course of business, an office employee's personal clothing or effects are accidentally damaged or destroyed,
the employee may submit a claim for reimbursement up to one hundred dollars ($100) to the City's Safety Committee.
The committee shall have the authority to investigate the claim and recommend to the City Manager, or his designee,
to pay the full amount of the claim, deny the claim, or apportion the claim based on normal wear and tear of the item
and/or the extent of the employee's negligence in following proper safety procedures. It is expressly understood that
stockings and socks are exempt from this procedure. It is further expressly understood that prescription eyeglasses or
contact lenses and hearing aid devices are exempt from the one hundred dollar ($100) limit.
13. SAFETY EQUIPMENT
The Citywill provide required safety equipment and will replace worn safety equipment for current sworn employees as
determined by the department head.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
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 August 1, 2010, the City will maintain the Flexible Benefit Plan at one thousand three hundred forty
six dollars ($1,346) 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, 2011, the City will maintain the Flexible Plan contribution in an amount equal to
the CaIPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family Plan
Rate. The monthly Flexible Benefit dollar amount shall remain'$1,346.00 per month and will not
change until the monthly CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta
Dental PPO Family Plan Rate exceeds $1,346.00 per month.
Effective January 1, 2012, the City will maintain the Flexible Plan contribution in an amount equal to the
CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family Plan Rate.
The monthly Flexible Benefit dollar amount shall remain $1,346.00 per month and will not change until
the monthly Ca1PERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family
Plan Rate exceeds $1,346.00 per month, at which time the monthly Flexible Benefit Plan will increase
to an amount equal to the CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental
PPO Family Plan Rate.
Effective January 1, 2013, the City will maintain the Flexible Plan contribution in an amount equal to the
CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family Plan Rate.
The monthly Flexible Benefit dollar amount shall remain $1,346.00 per month and will not change until
the monthly CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family
Plan Rate exceeds $1,346.00 per month, at which time the monthly Flexible Benefit Plan will increase to
an amount equal to the CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental
PPO Family Plan Rate.
Effective January 1, 2014, the City will maintain the Flexible Plan contribution in an amount equal to the
CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family Plan Rate.
The monthly Flexible Benefit dollar amount shall remain $1,346.00 per month and will not change until
the monthly CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family
Plan Rate exceeds $1,346.00 per month, at which time the monthly Flexible Benefit Plan will increase to
an amount equal to the CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental
PPO Family Plan Rate.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
Effective January 1, 2015, the City will maintain the Flexible Plan contribution in an amount equal to the
CalPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family Plan Rate.
The monthly Flexible Benefit dollar amount shall remain $1,346.00 per month and will not change until
the monthly CaIPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental PPO Family
Plan Rate exceeds $1,346.00 per month, at which time the monthly Flexible Benefit Plan will increase to
an amount equal to the CaIPERS, Los Angeles County, Kaiser Family Plan Rate plus the Delta Dental
PPO Family Plan Rate.
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.
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 (b) of his/her base
salary. An employee may utilize his/her accrued Sick Leave, Vacation, and/or Compensatory Time to
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 paycheck;
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.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
17. LICENSE RENEWAL
Police Captain. Police Lieutenant and Police Administrative Services Manager:
The City agrees to pay the cost of maintaining certifications and licenses that are necessary to maintain the minimum
requirements for the licensee's job.
18. LIFE INSURANCE
Police Captain, Police Lieutenant and Police Administrative Services Manager:
The City shall provide term life insurance equal to one and one-half (1 112) times annual earnings.
Police Sergeant:
The City shall provide group life insurance to all Association members in an amount of coverage one (1) times the
member's annual earnings.
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
Police Captain, Police Lieutenant and Police Administrative Services Manager:
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 employees authorization on a non-interest bearing basis. Upon thirty days
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.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
22. RETIREMENT
Police Captain. Police Lieutenant and Police Sergeant:
For employees hired prior to July 1, 2011, the retirement benefit shall be 3% @ 50. The City shall continue the
highest level of the 1959 survivor benefit. The City shall continue to pay both the "employee" and the "employer"
share of the cost.
For employees hired after July 1, 2011, the retirement benefit shall be 3% @ 55. The City shall continue the
highest level of the 1959 survivor benefit. The employee shall pay 3% of the "employee" share of the CaIPERS
cost and the City shall pay the remainder of the "employee" share and the "employer" share of the CaIPERS cost.
Effective August 1, 2013, if the Los Angeles -Riverside -Orange County, CA CPI -U from June 2012 to June 2013
increases to above 3.5%, all "Safety" members will pick up an additional 1 % of the employee's share of the
CaIPERS premium payment.
Effective August 1, 2014, if the Los Angeles -Riverside -Orange County, CA CPI -U from June 2013 to June 2014
increases to above 3.5%, all "Safety" members will pick up an additional 1 % of the employee's share of the
CaIPERS premium payment.
Police Administrative Services Manager:
The City shall continue its contract with the California Public Employees' Retirement System (CaIPERS) 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.
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 Citys 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, Military Service
Credit as Public Service. Eligible employees with qualifying military service can contact
CaIPERS and arrange to be billed for the service credit (CaIPERS' estimate is $5,000 per
year of service). The City shall reimburse the employee for 25% of the amount of the bill.
If desired, the employee may apply for a loan from the City for the remaining 75%. The
employee shall apply for the loan on a City -provided loan application. If the employee
qualifies, the City will fund the loan on an interest-free basis. Loan payments must be by
payroll deduction. Each loan payment period shall not exceed six years. The City may
require collateral.
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APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
Any remaining loan balance must be paid in full at the time of separation of employment.
Payment will be made directly and/or by deduction from the last paycheck. In the event an
outstanding balance remains, the employee is responsible for making payment
arrangements. The failure to make full payment will obligate the employee to pay the City's
attorneys fees in any restitution process.
22.2. Health Insurance During Retirement
Police Captain, Police Lieutenant and Police Administrative Services Manaaer
Employees within the APMA as of May 2. 2007:
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 provide lifetime medical insurance for the employee and spouse at the time of retirement.
This coverage will be at the PERS Choice rate.
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 fifteen (15) cumulative years of City service, the City will provide 75% of the PERS
Choice Plan for the employee only.
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 ten (10) cumulative years of City service, the City will provide 50% of the PERS Choice
Plan for the employee only.
Should the employee select a less expensive plan, the differential may be applied to dental COBRA for a
maximum period of eighteen (18) months, but not as a cash benefit to the employee.
Employees NOT within APMA as of May 2, 2007.
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 provide lifetime medical
insurance for the employee and spouse at the time of retirement. This coverage will be at the PERS highest
HMO rate.
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 fifteen (15) cumulative years of City service, the City will provide 75% of the PERS
highest HMO rate for the employee only.
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 ten (10) cumulative years of City service, the Citywill provide 50% of the PERS highest
HMO rate for the employee only.
Should the employee select a less expensive plan, the differential may be applied to dental COBRA for a
maximum period of eighteen (18) months, but not as a cash benefit to the employee.
Police Sergeant:
Beginning with the first month after retirement, for Association employees who, at the time of retirement from the
City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of sworn safety
service with the City of Azusa Police Department, the City will pay until the employee passes away, an amount
equal to the single -coverage premium in the employee's comprehensive health insurance plan. The amount of
the City's contribution shall vary, up or down, depending upon the employee's choice of health insurance carrier
and its periodic changes in its rates. The minimum contribution that the City pays directly to CalPERS shall be
considered to be part of the portion paid by the City. If a retired employee maintains health insurance other than
a CalPERS plan, the maximum amount the City will pay for the insurance premium will not exceed the single
premium for the PERS Care plan.
23
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
Spousal Option — In lieu of receiving the single coverage identified in section 16.3 a retiree who qualities for
single coverage may opt to select a less expensive plan, and use the differential toward health coverage for the
spouse. If the retiree selects this option the total contribution by the City that may be used for the retiree and
spouse can be no greater than the single -coverage premium for the L.A./Orange County Sectors (as provided by
PERS) PERS Care plan. The City contribution is to be used for health insurance premiums only. There is no
cash out option. This option may be selected or deselected at anytime during retirement.
22.3. Retirement Planning Seminar
Employees who are in their "final compensation period" for CalPERS purposes shall be allowed to attend one
nearby CalPERS retirement planninglinformation seminar at City expense and on City time. Such attendance
shall be considered to be a training expense chargeable to the employee's "home" division.
23. TUITION REIMBURSEMENT
Police Sergeants:
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.
23.3. Courses may be eligible if they:
23.3.1. Are above the educational requirements of the position as noted in the position specification
and are not taken to acquire skills, knowledge and abilities which the employee was deemed
to have when appointed the position.
24
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
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, and 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 achieved in order to have their application considered for reimbursement. These
documents must accompany the reimbursement application form in order to be processed.
23.4.6. Application for reimbursement must be submitted within three months of the completion of
the approved course in order to be considered for reimbursement.
23.4.7. Upon termination from employment, employees shall be required to reimburse the City for
any funds received under this program for courses completed during the last 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.
25
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
AZUSA POLICE MANAGEMENT ASSOCIATION
UA
Lieutenant PGI Dennis,
CITY OF AZUSA
Akf'l C-31-11
.M. Debt' i Manager Date
S-7 -I
Ian Kr6imeier, Director of Admin. Serv.ICFO Date
Sonia Carvalho, City' Attorney, Best Best & Krieger
26
TJ
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015.
INDEX
Acting Employee (5)
Additional Compensation/premium Pay (5)
Acting Employee (5)
Bereavement Leave (11)
Bilingual Pay (6)
Callout (6)
Deferred Compensation (City -paid) (6)
Educational Incentive Pay (6)
Holidays (11)
Longevity Pay (7)
Off-duty Court Appearance Time (8)
Overtime/compensatory Time (9)
Standby ("Court on Call") Pay (9)
Uniform Allowance (10)
Administrative Leave (10)
Automatic Payroll Deposit (5)
Automobiles (18)
Bereavement Leave It 1)
Bilingual Pay (6)
Callout (6)
City Rights (2)
Conformance with Rules (3)
Meet and Confer (3)
Damage to Personal Effects (18)
Deferred Compensation (6)
Disability Insurance (20)
Educational Incentive Pay (6)
Employee Assistance Plan (19)
Flexible Benefit Plan (19)
Amount of Monthly Benefit (19)
Definition (19)
Eligibility (20)
Termination (20)
Yearly Increase (19)
Health Insurance During Retirement (23)
Holidays It 1)
Industrial Leave It 2)
Leave/Days off (10)
License Renewal (21)
Life Insurance (21)
Longevity Pay (7)
Maintenance of Existing Benefits (2)
Non-discrimination (2)
Anti -discrimination (2)
Protection of Rights (2)
Outside Employment (21)
Overtime/Compensatory Time (9)
Payroll Deduction (21)
Physical Examinations (21)
APMA MEMORANDUM OF UNDERSTANDING, AUGUST 1, 2010, THROUGH JULY 31, 2015
Retirement (22)
Optional Benefits (22)
Retirement Planning Seminar (24)
Salary (4)
Automatic Payroll Deposit (5)
Separability (2)
Sick Leave (13)
Accrual and Use (14)
Conversion Deadline (16)
Conversion to Cash upon Separation (15)
Conversion to Service Credit upon Retirement (16)
Mandatory Conversion Prior To Retirement (15)
One-fourth Conversion (14)
One-third Conversion (14)
Personal Business (13)
Reasons for Use of Sick Leave (13)
Sick Leave Donation Policy (14)
Sick Leave During Probation (13)
Sick Leave During Vacation (14)
Term of Memorandum of Understanding (1)
Total Compensation (1)
Tuition Reimbursement (24)
Eligibility (24)
Eligible Courses (24)
Objective (24)
Reimbursement (25)
Uniform Allowance (10)
Vacation Leave (17)
Accrual (17)
Cash -in Policy (17)
Required Usage and Carryover (17)
Workweek and Timekeeping Interval (4)
Timekeeping Interval (4)
Workday (4)
Workweek (4)
II
CITY OF AZUSA Exhibit A
Azusa Police Management Association
Salary Schedule 08/01/2010
Classification
lBarg UnitiBenetits'
Range Step 1',
Step 21
Step 3-
Step 41 Step 5
POLICE ADMINSTRTIVE SERVC MGR
APMA I APMA
3411
i__6595.271
6942.35!
7307.80
7692.39i 8097.29
POLICE CAPTAIN
APMA APMA 1
3482
1 10210 771
10711.09i
11237.621
11791 711 12374.88
POLICE LIEUTENANT
A I AP
I APMMA
3423
! 8554.98;
8987.291
9442.34!_
9921.95` 10425.83
POLICE SERGEANT
APMA I APMA
3501
1 7040.261
7397.33;
7773.24
8168.921 8585.28
Augist 1, 2010
September. 6, 2011
SIDE LETTER AGREEMENTS BETWEEN THE CITY OF AZUSA AND THE AZUSA POLICE
MANAGEMENT ASSOCIATION, (APMA).
During the course of Meet and Confer Negotiations between the City of Azusa and the Azusa Police
Management Association on a successor agreement, (Memorandum of Understanding), for the period
August 1, 2010 to July 31, 2015 the following 2 issues were agreed to by way of a "side letter".
1. Corporal Randy Schmidt
Corporal Randy Schmidt successfully completed the promotional process with
Corporal Dewayne Eldridge in the fall of 2010. At that time there were two
vacancies for the rank of Sergeant due to retirements. Chief Garcia immediately
promoted Corporal Eldridge to the position of Sergeant and expressed full intention
of promoting Corporal Randy Schmidt.
With respect to the fiscal challenges of the 2010-2011 budgets, it was agreed upon to
postpone the promotion of Corporal Schmidt until July 1, 2011, the start of the 2011-
2012 fiscal year. Because of this cooperative agreement, newly promoted Sergeant
Randy Schmidt will receive the same benefits as all current members of equal rank in
the APMA as of the signing of this new contract. Sergeant Randy Schmidt will not
receive any retroactive pay or benefits under this new agreement that he is not
entitled to based on his promotion.
2. Administrative Services Manager, Gina Miller
Administrative Services Manager, Gina Miller has been functioning as the
Department's civilian manager, with all the duties, responsibilities, and obligations
that accrue to that position. In recent years, her responsibilities have increased to
include jobs being performed by her subordinates, due to vacancies created by their
absence. The added responsibilities have resulted in a substantial increase in
workload for her, and a substantial salary savings for the City. Subsequent to the
effective date of this MOU, the City agrees by way of Side Letter, under the
provisions of the applicable regulations, to immediately appeal to the City of Azusa's
Personnel Board, for the expansion of duties to the classification of Administrative
Services Manager. Such application on behalf of the Administrative Services
Manager shall be presented to the Personnel Board immediately following approval
of the MOU.
3. Administrative Services Manager, Position Affiliation
Upon the retirement of the current Administrative Services Manager, the
Administrative Services Manager's position will move to the Azusa Middle
Management Association (AMMA) for representation.
.M. Delac i, City Manager Lt. Frank Chavez, Presi ent APMA
?-31-1
Date
Date
,E--, _--7/— /i