HomeMy WebLinkAboutResolution No. 12-C03RESOLUTION NO. 12-C3
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, 2011 THROUGH
JULY 31, 2012
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, 2011, 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 7 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, 2011 through July 31, 2012, 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 3rd day of January, 2012.
/Joseph oc a, mayor
I HEREBY CERTIFY that the foregoing Resolution wads duly passed by the City
Council of the City of Azusa at a regular meeting thereof held on the 3` day of January, 2012.
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
NOES:
ABSENT
COUNCILMEMBERS:NONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND THE
CIVILIAN ASSOCATION OF POLICE PERSONNEL
EFFECTIVE AUGUST 1, 2011 THRU JULY 31, 2012
TABLE OF CONTENTS
1.
TERM........................................................................................................................................................................................1
2.
IMPLEMENTATION..................................................................................................................................................................
1
3.
MAINTENANCE OF EXISTING BENEFITS............................................................................................................................
1
4.
NON-DISCRIMINATION..................................................................................:.......................................................................1
5. -
REOPENER.....................................................................................................................................................................:.:......2
6.
SAVINGSCLAUSE.............................................................................................................................
. . ..-..' ..:...:
7.
SEPARABILITY................................................................................................................................................................:.:::.:2
- -
8.
TOTAL COMPENSATION................................................................................................................................................:........2
9.
CITY RIGHTS...........................................................................................................................................................................
2
10.
WORKWEEK AND TIMEKEEPING INTERVAL.....................................................................................................................4
11.
SALARY....................................................................................................................................................................................
4
12.
ADDITIONAL COMPENSATION / PREMIUM PAY.................................................................................................................5
12.1. Bilingual Pay.............................................................................................................................................................5
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.................................................................................................................................
6
12.7. Shift Differential........................................................................................................................................................6
12.8. Training Pay..............................................................................................................................................................6
12.9. Uniform Allowance....................................................................................................................................................7
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.......................................................................................................................................8
16.3. Eligibility....................................................................................................................................................................8
16.4. Termination...........................................................:...................................................................................................8
17.
LEAVE TYPES.........................................................................................................................................................................9
17.1. Bereavement Leave..................................................................................................................................................9
17:2. Holidays.........................................................................................................................................................
10
17.3. Industrial Leave.......................................................................................................................................................
10
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.
LAYOFF..................................................................................................................................................................................
17
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF AZUSA
and
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
August 1, 2011 through July 31, 2012
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 Cityof 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.
(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, 2011 and shall continue in full
force and effect until July 31, 2012:
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 seg.
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 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.
7. 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 other terms
and conditions of employment as set forth in this documentconstitute 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 by the 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.
2
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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.
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 -disciplinary reasons in accordance with
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, wheneverthe 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.
M
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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.
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.
10.1.1 Any time a new shift design is established (e.g. 4/10, 3/12, number of Dispatchers change,
etc.), shift selection will be made -based upon seniority; however; subsequent shift
assignments will be on a rotating basis as established by the Unit Supervisor. This does not
preclude the individual Dispatchers the ability to exchange shifts, if mutually agreed upon and
with the Unit Supervisor's approval.
10.1.2 Vacation and shift payback selection is made based on seniority during a given time frame as
established by the Unit Supervisor
10.2. Workday
CAPP members working a 10 hour shift shall receive 60 minutes total for lunch & breaks:
30 minute lunch
Two 15 minute breaks
Capp members working a 12.5 hour shift shall receive 75 minutes total for lunch & breaks:
30 minute lunch
Three 15 minute breaks
(Revisions to the existing lunch and break times, if any, will need to be worked out with the Chief of Police)
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.
With concurrence of the Chief of Police and CAPP, the City will consider a 3/12.5 scheduling trial period during this
MOU for Dispatchers providing the schedule change is at least cost neutral. The City and bargaining group
representatives will meet to work out the details of this schedule change if necessary.
11. SALARY
11.1 Salaries Effective 8-1-2011
The current base monthly salary of employees in the unit covered by this MOU are set forth in "Exhibit A."
11.2. Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the Automated
Clearing House service.
0
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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.
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 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 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 (1'/�) 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.
N7
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
.12.6. Overt!melCompensatory .Time
m
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. Pay or Compensatory Time off for Overtime Pay shall be accumulated in no less than fifteen minutes
per day increments. When an employee works less than fifteen minutes per day of overtime, the employee shall
not receive Compensatory Time for such overtime.
In order to be entitled to any compensation for overtime hours worked, such overtime work must have been
authorized by the department head or the City 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 every four 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
regular work hours, as a result of an emergency situation, he or she shall be provided with a
meal and the time to eat the meal no less frequently than every four (4) hours or a meal
reimbursement of nine dollars ($9) for each such four (4) hour period.
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 shift on 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 Pay at the rate of five percent (5%) in addition to base salary while
assigned to train a person to perform the functions of their respective divisions.
2
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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.
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 eye glasses 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.
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
16.2. Amount of Monthly Benefit
Effective August 1, 2011, the Flexible Benefits Plan will be paid at one thousand four hundred fifty four dollars
($1,454.00) 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.
Effective January 1, 2012 the City will maintain the Flexible Benefit Plan contribution of one thousand four hundred
fifty four dollars ($1,454) per month and it will not change for the term of the current contract.
16.3. 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.
16.4. Termination
The City will not be responsible for payment of any qualified benefits on behalf of the employee following the
month of termination. If an employee represented by the Association wishes to continue his/her qualified benefits,
advance payment for such qualified benefits will be deducted from the employee's final pay.
For the purposes of clarification, this language means that existing employees will receive FBP for their last month
of employment even if they work just one work day into that last month.
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 be charged against the employee's accrued Sick Leave balance and shall be
considered in calculating his or her ability to convert the balance.
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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:
HolidaySchedule
Month
2011-
2012
2012-
2013
Independence Day
July
4*
4
Labor Day
Sept
5*
Columbus Day
Oct
10*
Veteran's Day
Nov
14*
Thanksgiving Day
Nov
24
Christmas Day
Dec
26*
New Year's Day
Jan
2*
Martin Luther King Day
Jan
16*
President's Day
Feb
Y0*
Memorial Day
May
28*
*=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 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.
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
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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 After 90 calendar days
Emplbyees who are disabled because of a work related illness or injury receive Industrial Leave
pay in lieu of Total Temporary Disability payments and may supplement these payments with
sick leave, vacation leave or compensatory time off they have earned. If deemed temporarily
totally disabled or permanently disabled and unable to return to work, employees may apply for
Long Term Disability.
17.3.5 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 Ca1PERS 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.
17.3.6 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.
17.3.7 Industrial Leave shall expire when one of the following conditions occurs:
17.3.7.1 Employee is able to return to work to his regular position.
17.3.7.2 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:
17.3.7.3 The employee's condition is determined to be permanent or of an extended
duration.
17.3.7.4 The degree of disability precludes continued employment by the employee in
his/her present position.
17.3.7.5 After thirty-nine (39) weeks of industrial disability payments.
17.3.8 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.
10
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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.
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.
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, or condition, which may be
expected to be of long duration, has no reasonably date of termination and
requires continuous or intermittent care by the employee.
11
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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.
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, 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.
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 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.
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
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
17.5. Vacation Leave
17.5.1. Required Usage and Carryover
An employee shall be required to use one half ('/2) of his/her 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. 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 work load and other factors, for
the employee to use his/her vacation before reaching the maximum, it shall be within the department
head's authority to authorize cash payment in lieu of time off.
17.5.2. Cash -In Policy
All employees shall be allowed to cash in one-half ('/) 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 yearof 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:
1191
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
20.1.1
20.1.2
20.1.3
20.1.4
20.1.5
20.1.6
21. RETIREMENT
Provides 66.67% of the employee's monthly salary;
Commences after a 30 calendar day waiting period and provides a benefit to age 65;
For the first 30 days of non -job related illness or injury, the employee will use accrued Sick
Leave, Compensatory Time or Vacation Leave;
The employee will be allowed to use accrued Sick Leave in conjunction with the long term
disability plan to provide for a full pay check;
At no time will an employee receive more than 100% of their base pay;
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.
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 Creditshall be discretionary with the Council
in accordance with Government Code Section 20903.
21.1.3 The City's contract with CaIPERS shall include the Employer -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 carryoverto 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 $108 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.
22.1.2 Help prepare them for advancement to positions of greater responsibility in the City of Azusa.
14
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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 colleges 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
22.4.1. 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.
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.
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.
15
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 -app roved 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, and 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.
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.
15
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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 City for any
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 1/2 -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'/ 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.
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.
16
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2011 THROUGH JULY 31, 2012
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 either as a new 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. 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.
11V1
MEMORANDUM OF UNDERSTANDING
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
8-1-2011 through 7-31-2012
CITY OF AZUSA -
Sonia Carvalho, Best Best'& Krieger
m aksh / off, tm City Manager DATE
Ian Kreimeier, Administrative Services Director/CFO DATE
INDEX
Additional Compensation / Premium Pay (5)
Automatic Payroll Deposit (4)
Bereavement Leave (8)
Bilingual Pay (5)
City Rights (2)
Conformance with Rules (3)
Meet and Confer (3)
Compensatory Time (6)
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)
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 (2)
Protection of Rights (1)
Overtime Meal Policy (6)
Overtime/Compensatory Time (6)
Reopener(2)
Retirement (14)
Health Insurance During Retirement (14)
Optional Benefits (14)
Salary (4)
Salaries Effective 08-01-2011
Savings Clause (2)
Shift Differential (6)
Sick Leave (10)
Accrual and Use (12)
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)
Term (1)
Total Compensation (2)
Training Pay (6)
Tuition Reimbursement (14)
Eligibility (15)
Eligible Courses (15)
Objective (14)
Reimbursement (16)
Uniform Allowance (7)
Vacation Leave (13)
Accrual (13)
Cash -in Policy (13)
Required Usage and Carryover (13)
Workweek and Timekeeping Interval (4)
Timekeeping Interval (4)
Workday (4)
Workweek (4)
EXHIBIT A
MEMORANDUM OF UNDERSTSNDING, CAPP AUGUST 1, 2011 THRU JULY 31, 2012
Effective August 1, 2011, the base monthly salary shall be as follows:
Classificatiom Barg Unit Range 1
COMMUNITY SERVICE OFFICER
CAPP
9164
3,777.46
3,957.68
4,146.94
4,345.62
4,554.31
COMMUNITY SVC OFFICER FIELD
CAPP
9170
3,966.34
4,155.56
4,354.31
4,562.92
4,782.02
POLICE DISPATCHER
CAPP
9164
3,943.73
4,131.88
4,329.49
4,536.92
4,754.78
POLICE RECORDS SPECIALIST I
CAPP
9140
3,011.72
3,153.65
3,302.73
3,459.19
3,623.52
POLICE RECORDS SPECIALIST II
CAPP
9150
3,308.70
3,465.54
3,630.16
3,803.02
3,984.53
POLICE RECORDS SPECIALIST III
CAPP
9160
3,610.87
3,791.39
3,980.96
4,179.99
4,389.01