HomeMy WebLinkAboutE-4 Staff Report - Restated MOU APOACONSENT ITEM
E-4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: TROY L. BUTZLAFF, ICMA-CM, CITY MANAGER
FROM: AMELIA AYALA, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT
DATE: JANUARY 19, 2016
SUBJECT: APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY AND THE AZUSA POLICE OFFICER
ASSOCIATION (APOA)
SUMMARY:
The City’s Memorandum of Understanding (MOU) with the Azusa Police Officer Association (APOA)
is scheduled to expire on June 30, 2016. In August 2015, the APOA formally offered to begin
negotiations early to reach an agreement with the City on a new MOU. Both parties have been in
negotiations and have finally reached agreement. The proposed MOU provides for a cost of living
adjustment and makes other substantive changes to the terms and conditions of employment with the
APOA. This action approves a restated and amended MOU with the APOA with a contract term
through June 30, 2018.
RECOMMENDATION:
Staff recommends that the City Council take the following actions:
1)Approve amended and restated Memorandum of Understanding between the City and the
Azusa Police Officers Association (APOA).
2) Authorize the City Manager to execute the amended and restated Memorandum of
Understanding, in a form acceptable to the City Attorney, on behalf of the City.
DISCUSSION:
The MOU between the City and the APOA is scheduled to expire on June 30, 2016. In August 2015, the
City received a proposal from the APOA Board of Directors formally requesting that the City enter into
negotiations with them for the purpose of reaching agreement on a new MOU. The City’s negotiating
team, consisting of the Director of Human Resource/Risk Management and Director of Finance, have
APPROVED
COUNCIL MEETING
1/19/2016
Amended and Restated MOU (APOA)
January 19, 2016
Page 2
been in negotiations with the APOA since November 2015. The parties have finally reached agreement
on the following key compensation and benefit adjustments:
Compensation and Benefit Adjustments
Contract Term August 1, 2015 through June 30, 2018
Cost of Living Adjustment (COLA) FY 2016-2017: 3%
FY 2017-2018: 3%
California Public Employees' Retirement System
(CalPERS) Employee Contribution:
FY 2015-2016: 3%
(Effective January 31, 2016)
FY 2016-2017: 3% (6% Cumulative)
FY 2017-2018: 3% (9% Cumulative)
Employees hired after January 1, 2011, are already
contributing 3% PERS Contribution, will
contribute 6% in FY 2016-2017 and 9% in FY
2017-2018
Bilingual Pay Increase from $200 to $250 per month
Education Pay Increase the monthly $100 pay for Associate of Art
or Science Degree to $150 and increase the $200
pay for Bachelor of Art or Science Degree to $250
Shift Differential Pay
Increase the current Shift Differential Pay for
employees scheduled to work a 3 day/12.5 hour
schedule as follows:
Night Shift – Additional $1.08 per hour (Will be
increased by 19 cents per hour)
Cover Shift – Additional $0.54 per hour (Will be
increased by 10 cents per hour)
Uniform Allowance Increase yearly allowance of $850 to $900
In addition to the key compensation and benefit adjustments, the proposed MOU includes a number of
other provisions that the parties have reached agreement on. These provisions include:
New Hires Current Employees
Flexible Spending
(Monthly) Up to $1,200 (premiums only) $1,513
Sick Leave Cash Out No cash out value; allow use for PERS
service credit
25% cash out over 960 hours; 50%
to 100% cash out at retirement
Accrual Caps Sick leave Cap: 960 hours, no
conversion to cash;
Vacation Cap: 300 hours-cash out
available to lower balance
Sick leave Cap: No cap.
Vacation Cap: No cap.
Amended and Restated MOU (APOA)
January 19, 2016
Page 3
The proposed MOU also includes reopener language that will enable the parties to meet to discuss
specific issues during the term of the MOU. The specific issues to be discussed include:
Issue All Employees
Retiree Medical Trust Re-opener to be held once plan is in place.
Special Pay Pan Re-opener to be held once plan is in place.
ACA-Cadillac Tax Re-opener to be held in the event City’s medical benefit is subject to ACA
Cadillac Tax.
FISCAL IMPACT:
The proposed changes in compensation and benefits in the MOU result in a total net savings to the
general fund of $238,100.
Prepared by:
Amelia Ayala
Director of Human Resources & Risk Management
Reviewed and Approved:
Troy L. Butzlaff, ICMA-CM
City Manager
Attachments:
1) Amended and Restated Memorandum of Understanding between the City and the Azusa
Police Officer Association (APOA)
ATTACHMENT 1
1
TABLE OF CONTENTS
1. TERM OF MEMORANDUM OF UNDERSTANDING……………………………………………………….. 1
2. CONTINUATION OF BENEFITS, TERMS, AND CONDITIONS OF EMPLOYMENT…………………… 1
3. MANAGEMENT RIGHTS……………………………………………………………………………………….. 1
4. WORK WEEK AND TIMEKEEPING INTERVAL…………………………………………………………….. 2
5. SALARY…………………………………………………………………………………………………………... 3
6. ADDITIONAL COMPENSATION/PREMIUM PAY…………………………………………………………… 5
6.1 Acting Employee………………………………………………………………………………………………... 5
6.2. Bilingual Pay ……………………………………………………………………………………………………. 5
6.3. Callout…………………………………………………………………………………………………………….. 5
6.4. Educational Incentive Pay…………………………………………………………………………………….. 6
6.5. Holiday Pay (See also 7.2. Holidays)………………………………………………………………………… 6
6.6. Longevity Pay…………………………………………………………………………………………………… 6
6.7 Off Duty Court Appearance Time……………………………………………………………………………. 7
6.8 Standby ("On Call") Pay……………………………………………………………………………………….. 8
6.9. Overtime/Compensatory Time…………………………………………………………………………….. 8
6.10. Special Assignments………………………………………………………………………………………... 8
6.11. Shift Differential……………………………………………………………………………………………… 9
6.12. Training Pay (Police Officer)……………………………………………………………………………….. 9
6.14. Uniform Allowance…………………………………………………………………………………………... 9
7. LEAVE/DAYS OFF……………………………………………………………………………………………… 9
7.1. Bereavement Leave……………………………………………………………………………………………… 9
7.2. Holidays (see also 6.6. Holiday Pay)………………………………………………………………………… 10
7.3 Worker's Compensation……………………………………………………………………………………... 10
7.4. Personal Leave………………………………………………………………………………………………… 11
7.5. Sick Leave………………………………………………………………………………………………………11
7.6. Vacation Leave……………………………………………………………………………………………………. 14
8. CLOTHING DAMAGE REIMBURSEMENT…………………………………………………………………..14
9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM…………………………………14
10. DISABILITY INSURANCE (SHORT/LONG TERM)………………………………………………………… 15
11. EMPLOYEE ASSISTANCE PLAN……………………………………………………………………………. 15
12. FLEXIBLE BENEFIT PLAN……………………………………………………………………………………. 15
13. LIFE INSURANCE……………………………………………………………………………………………… 17
14. OUTSIDE EMPLOYMENT…………………………………………………………………………………….. 17
15. PHYSICAL EXAMINATIONS………………………………………………………………………………….. 17
16. RETIREMENT…………………………………………………………………………………………………... 17
17. LEAVE BANK FOR APOA BOARD MEMBERS…………………………………………………………….. 19
18. SAFETY EQUIPMENT………………………………………………………………………………………….19
19. TUITION REIMBURSEMENT…………………………………………………………………………………. 19
20. POLICIES……………………………………………………………………………………………………… 21
1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF AZUSA AND THE
AZUSA POLICE OFFICERS' ASSOCIATION
AUGUST 1, 2015 through JUNE 30, 2018
This Memorandum of Understanding is entered into with reference to the following facts:
(1) The Azusa Police Officers' Association (APOA) (hereinafter referred to as "Association") is the
recognized employee organization representing those personnel (hereinafter referred to as
"employees") employed by the various departments of the City of Azusa (hereinafter referred to as
"City"), and occupying the classifications (see current salary schedule.)
(2) In the interest of maintaining harmonious relations between the City and those employees
represented by the Association, authorized representatives of the City and the Association have met
and conferred in good faith, exchanging various proposals concerning wages, hours and other terms
and conditions of employment to affected employees.
(3) The authorized representatives of the City and the Association have reached an understanding
and agreement as to certain changes in wages, hours and other terms and conditions of
employment of the affected employees which shall be submitted to the City Council of the City for
approval and implementation of these changes by appropriate ordinance, resolution, or other
lawful action.
Therefore, the City and the Association agree that, subject to approval and implementation by the City Council of the
City, the wages, hours and other terms and conditions of employment for all affected employees shall be as follows:
1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding (MOU) shall commence August 1, 2015, and shall continue in full
force and effect until June 30, 2018.
2. CONTINUATION OF BENEFITS, TERMS, AND CONDITIONS OF EMPLOYMENT
Any benefits, terms, and conditions of employment, except as modified by state law, federal law, or municipal
ordinance, contained in prior Memoranda of Understanding between the Association and the City not specifically
altered by this agreement are hereby incorporated in this agreement and made a part of it by reference.
3. MANAGEMENT RIGHTS
3.1 The City reserves, retains and is vested with, solely and exclusively, all rights of Management which have not
been expressly abridged by specific provisions(s) of this Memorandum of Understanding or by law to manage
the City, as such rights existed prior to the execution of this Memorandum of Understanding. The sole and
exclusive rights of Management, as they are not abridged by this agreement or by law, shall include, but not be
limited to, the following rights:
3.1.1 Determine the mission of its constituent departments, commissions and boards;
3.1.2 Set standards of service;
3.1.3 Determine the procedures and standards of selection for employment and promotion;
3.1.4 Direct its employees;
3.1.5 Take disciplinary action;
3.1.6 Relieve its employees from duty because of lack of work or for other legitimate reasons;
3.1.7 Maintain the efficiency of governmental operations;
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
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3.1.8 Determine the methods, means and personnel by which government operations are to be
conducted;
3.1.9 Determine the allocation and content of job classifications;
3.1.10 Take all necessary actions to carry out its mission in emergencies; and
3.1.11 Exercise complete control and direction over its organization and technology of performing its
work.
3.2 Except in emergencies, or where the City is required to make changes in its operations because of the
requirements of law, whenever the exercise of Management’s rights shall impact on employees of the
bargaining unit, the City agrees to meet and confer with representatives of the Association regarding the
impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this
Memorandum of Understanding, or in Personnel Rules and Salary Resolutions and Administrative
Code(s) which are incorporated in this Agreement. By agreeing to meet and confer with the Association
as to the impact and the exercise of any of the foregoing City Rights, Management’s discretion in the
exercise of these rights shall not be diminished.
4. WORK WEEK AND TIMEKEEPING INTERVAL
4. Work Week
For employees covered by this agreement who are scheduled to work a 4/10 schedule, the regular
workweek shall be forty (40) hours for a seven (7) day period beginning at 12:01 a.m. each Sunday and
shall consist of four (4) days a week and ten (10) hours per day. Daily hours of work or shifts for
employees within the department shall be assigned by the department head, as required to meet the
needs of the department.
4.1. Workday
For employees who are scheduled to work a 4/10 schedule, the workday will consist of ten (10) hours with
lunch and breaks to be scheduled in light of departmental policy.
For employees who are scheduled to work a 3/12.5 schedule, the workday will consist of 12.5 hours or a
10-hour make-up day each 28-day work period.
The City reserves the right to determine the beginning and ending times of the workday.
4.2. 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.
4.3 Patrol 3/12.5 Shift Schedule
During the term of this MOU, the City agrees to maintain a 3/12.5 shift schedule for unit members
assigned to patrol, as agreed between APOA and Management. If costs for overtime or workers
compensation increases in excess of 10% in any given fiscal year, based on a three year moving average,
Management has the right to abandon the 3/12.5 Shift Schedule.
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 a
28-day work period. The city will pay overtime compensation to Police Officers as follows:
1. Working more than their regularly scheduled hours on a given day; or
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
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2. Working more than 160 hours over a 28 day FSLA work period.
5. SALARY
5.1 Deferred Compensation
The City shall provide access to a deferred compensation program authorized by the City Council for
voluntary participation by Police Corporals. In addition, the City shall contribute the amount of ninety
dollars ($90.00) per month on behalf of each participating Police Corporal. Police Corporals will be
advised of this program by the Human Resources Director upon initial promotion to the position. They may
initiate enrollment at the time of initial promotion, or any time therafter, by contacting the Human
Resources Director and completing the required forms.
Effective August 1, 2010 implement an adjustment to correct the salary compaction between Police
Officer and Police Corporal. The compaction adjustment shall establish a 5% difference between each
step of Police Officer and Police Corporal.
Effective August 1, 2010 a sixth step is to be added to the Salary Schedule. This sixth step shall be
awarded to Senior Officers and Senior Corporals who meet the following criteria:
Minimum of 12 years of full time POST Law enforcement experience, to include 5 years of full
time sworn Law Enforcement experience with the City of Azusa.
Police Officers to possess an Intermediate POST Certificate and Police Corporals to possess an
Advanced POST Certificate.
Achieve performance standards of only successful and/or exceptional on the most recent annual
evaluation.
Successful completion of at least two of the following assignments, not disqualifying individuals
who left an assignment due to promotion or transfer to another qualifying assignment:
Field Training Officer
Any Special Assignment (current or former), including Detective Bureau, Special
Enforcement Task (SET, including HIDTA, T.R.A.P., or other multi-agency task force
program), Gang Unit Specialist (GSU), School Resource Officer, Motor/Traffic Division,
Air Support Tactical Flight officer (TFO), Special Weapons and Tactics Team Member
(SWAT), Training Supervisor, Public Information Officer (PIO), Terrorism Liaison Officer
(TLO).
Any Training Position (Firearms, Weapons/Self Defense, First Aid/CPR)
Received at least one Commendation for meritorious performance within the most recent
review period, either from citizens, other Law Enforcement Agencies, or internally
generated by the Department.
Any recipient of a “Meritorious Service Award”, of any type issued by the City of Azusa PD
or local Public safety Agency.
Responsible for the seizure of narcotics/illegally gained monies totaling $50,000 or more
(including combinations of the two).
Responsible for significant recovery of personal property totaling $10,000 or more.
Recipient of “10851 Award” for GTA recoveries (past or present).
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
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Recipient of “MADD Award” for arrests of drunken drivers (past or present)
Utilizing the principals of Community Policing and Problem Solving to design and
implement a project that successfully addressed an on-going issue of health, safety, or
community wellness in the City of Azusa (such as: truancy, loitering, vandalism, narcotics
activity, traffic issues, public drunkenness, ABC violations, juvenile problems, etc..). An
example of a determinable or measurable impact must be shown.
The City and the Association agree to re-open to evaluate the relevance of newly created
special assignments for incentive pay and/or sixth step Senior Officer/Senior Corporal
eligibility.
Police Officers and Police Corporals may appeal a denial of the sixth step increase (Senior
Officer/Senior Corporal) to the agreed ad-hoc panel consisting of six (6) members:
Two (2) of the Azusa Police Officers Association
One (1) Representative of the Police Chief
One (1) Representative of the Human Resources Director
One (1) Representative of the City Manager
One (1) Representative of the Chair of the Personnel Board
See Exhibit A, incorporated by this reference, for Classification, Ranges, and Steps.
5.2 Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the
Automated Clearing House service.
6. ADDITIONAL COMPENSATION/PREMIUM PAY
6.1 Acting Employee
An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of Vacation or
when on Sick Leave.
6.2. Bilingual Pay
In addition to monthly basic pay, the city shall pay an incentive to personnel demonstrating a proficiency in
a major foreign language if they are assigned and required to speak and translate the language in
performance of their duties.
Such additional payment is conditional upon demonstration of language proficiency by a qualified third-
party examiner mutually agreed upon by both the City and the Association.
Effective January 1, 2016, the incentive paid shall be increased from $200 to $250 per month; provided,
however, that employees receiving an amount greater than $200 as of December 31, 2015 shall receive
an increase of $50 to the amount being received and shall continue to receive the higher dollar amount.
6.3. Callout
If an employee is required to be called back to work after completing his or her normal shift or after having
left City premises or the employee's work location, the employee shall be compensated at the appropriate
rate for each hour worked on Callout with a minimum of (2) hours Callout compensation, regardless of
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
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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.
6.3.1. Appropriate Rate of Pay for Callout
The rate of pay for Callout shall be one and one-half (1½) times the normal rate of pay. Callout may be
entered as Premium Overtime or as Compensatory Time Earned.
6.4. Educational Incentive Pay
6.4.1. Effective January 1, 2016, the City will pay two and one-half percent (2.5%) of the "sworn"
employee's base rate if he/she possesses an Associate in Arts or Science degree or Intermediate
Certificate issued by the California Commission on Peace Officer Standards and Training
(P.O.S.T.) with forty-five (45) semester or equivalent quarter units from an accredited college or
university, but not to exceed $150 per a month for Police Officer and Police Corporal.
6.4.2. Effective January 1, 2016, the City will pay five percent (5%) of the "sworn" employee's base
salary rate if he/she possesses a Bachelor of Arts or Science degree or Advanced certificate
issued by the California Commission on Peace Officer Standards and Training (P.O.S.T.) with
sixty (60) semester or equivalent quarter units from an accredited college or university, but not to
exceed $250 per a month for Police Officer and Police Corporal.
Neither 6.4.1. nor 6.4.2 above shall apply to any "sworn" employee whose job description has an
equivalency requirement for either an Associate in Arts or Science degree or a Bachelor of Arts or
Science degree.
6.4.3 Employees hired as a sworn officer after January 31, 2011, with an Associate in Arts or Science
degree, or 45 semester or equivalent quarter units from an accredited college or university, shall
receive $150 per month, upon receiving their Intermediate Certificate from POST, effective
January 1, 2016.
6.4.4 Employees hired as a sworn officer after January 31, 2011, with a Bachelor of Arts or Science
degree, or 60 semester or equivalent quarter units from an accredited college or university, shall
receive $250 per month, upon receiving their Advanced Certificate from POST, effective January
1, 2016.
6.4.5 Notwithstanding the foregoing, employees shall receive a $50 increase to the amount being
received as of December 31, 2015, even if such increase is higher than the amounts above and
shall continue to receive the higher dollar amount.
6.5. Holiday Pay (See also 7.2. Holidays)
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.
6.6. Longevity Pay
6.7.1 The monthly longevity pay for employees hired after January 31, 2011, shall be in accordance with
the following schedule:
10 yrs = $200
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15 yrs = $300
20 yrs = $400
6.6.1 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
6.6.2 The monthly longevity pay for employees hired prior to August 1, 2000, shall be in accordance
with the following schedule:
POLICE OFFICER 7 yrs $117.61 10 yrs $235.22 15 yrs $352.84 20 yrs $470.45
POLICE CORPORAL 7 yrs $123.49 10 yrs $246.99 15 yrs $370.48 20 yrs $493.97
6.6.3 Notwithstanding the foregoing, employees currently receiving a higher dollar amount of longevity
pay than the amount provided for under above shall continue to receive the higher dollar amount
until eligible for an increase based on the schedule set forth in Section above.
6.7 Off Duty Court Appearance Time
6.7.1 Off-Duty Court Appearance Time is applicable only for court appearances scheduled to begin
during off-duty hours. Except as provided above, court time during regularly scheduled working
hours shall be compensated at straight time on an hour-for-hour basis.
The City agrees to pay for Off-Duty Court Appearance Time on an hour-for-hour basis with a
minimum of four (4) hours of pay at the appropriate rate (currently time and one-half).
For example, if an employee’s shift begins at 6 p.m. and the employee’s Off Duty Court
Appearance begins at 4 p.m.; the employee will be entitled to a minimum of four hours of Off-
Duty Court Appearance Time pay. Off-Duty Court Appearance Time shall begin to accrue as
early as 8:30 a.m. or the court-requested show-up hour, whichever is later. In cases where
the appearance is canceled by the court (either directly or through the Department), the
employee must be personally notified of such cancellation by the Department no later than
6:00 p.m. of the previous court day, or a guaranteed minimum of four (4) hours of Off-Duty
Court Appearance Time shall apply. "Personal" notification shall be defined as any one of the
Following (to be agreed upon in advance between the employee and the department court
officer):
• In person,
• To a responsible message taker, or
• Via an answering machine or voice mail
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6.7.2 If the court or the Department requires an employee who makes an off-duty court appearance to
also stand by on the same day (for that appearance and/or another one), the employee shall be
entitled to receive pay for one of the following, whichever is greater:
6.7.2.1 The actual time in court (or the four-hour Off-Duty Court Appearance Time minimum,
whichever is greater), plus the actual time standing by; or
6.7.2.2 The actual time standing by (or the four-hour Standby Time minimum, whichever is
greater) plus the actual time in court.
6.8 Standby ("On Call") Pay
The City agrees to pay for court Standby Time (or other "On Call" time) on an hour-for-hour basis with a
minimum of four (4) hours of regular pay. Court Standby Time shall begin to accrue as early as 8:30 a.m.
or the court-requested show up hour, whichever is later, and shall continue no later than 5:30 p.m. In
cases where the appearance is canceled (either directly by the court or through the Department), the
employee must be personally notified of such cancellation by the Department no later than 6:00 p.m. of the
previous court day, or a guaranteed minimum of four (4) hours of Standby Time shall apply. "Personal"
notification shall be defined as any one of the following (to be agreed upon in advance between the
employee and the department Court Officer):
• In person,
• To a responsible message taker, or
• Via an answering machine or voice mail
6.9. Overtime/Compensatory Time
Employees scheduled to work the 3/12.5 schedule shall be entitled to Overtime Pay or compensatory time
off at the rate of one and one-half (1½) times the employee's hourly rate for:
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.
Employees scheduled to work the 4/10 schedule shall be entitled to Overtime Pay or compensatory time off
at the rate of one and one half (1½) times the employee’s hourly rate for all hours worked in excess of ten
(10) hours in one work day or forty (40) hours within the employee’s regular work week.
For the purposes of this agreement, holiday pay, Sick Leave, and other compensated time off shall count
for the hours. Compensatory time may be accumulated at the appropriate rate for each hour of overtime
worked to the maximum accrual rate set by Federal law.
Overtime pay or compensatory time off for overtime shall be accumulated in no less than fifteen (15)
minutes per day increments. When an employee works less than fifteen minutes per day of overtime, the
employee shall not receive compensatory time for such overtime.
In order to be entitled to any compensation for overtime hours worked; such overtime work must have been
authorized by the department head. Accumulated compensatory time not taken off in the pay period in
which it was earned may be carried over up to a maximum of four hundred and eighty (480) hours (320
hours worked at time-and-one-half would equal 480 hours).
The use of compensatory time will be granted in the same manner as vacation leave.
6.10. Special Assignments
In addition to monthly basic pay, the following assignments, when made by the Chief of Police or his
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
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designee, shall receive two and one-half percent (2.5%):
K-9 Officer
Bicycle Patrol Officer
In addition to monthly basic pay, the following assignment, when made by the Chief of Police or his
designee, shall receive five percent (5%):
Motor Officer
In addition to monthly basic pay, the following assignment when made by the Chief of Police or his
designee, shall receive two and one-half percent 2.5% for time worked on Monthly Training and Call Outs:
Swat
In addition to monthly basic pay, the following assignments, when made by the Chief of Police or his
designee, shall receive a minimum of ten (10) hours per month of Standby time, at the Premium rate
(currently time-and-one-half):
Detective
SET Detective
Gang Detective
6.11. Shift Differential
Effective January 1, 2016, 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 $1.27 per hour
Cover shift additional $.64 per hour
For employees scheduled to work a 4/10 schedule:
Swing Shift additional $.64 per hour
Morning shift additional $1.27 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.
6.12. Training Pay (Police Officer)
For employees in the classification of Police Officer only, the City shall pay five percent (5%) in addition to
the base salary while assigned the duties of a Field Training Officer (FTO).
6.13. Uniform Allowance
Effective January 1, 2016, the uniform allowance for “sworn” employees will increase to $900 per year and
will be paid by the City in November.
7. LEAVE/DAYS OFF
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
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7.1. Bereavement Leave
An employee may be permitted to take up to forty (40) hours Bereavement Leave in the event of the death
of a member of his/her immediate family. "Immediate family" member is herewith defined as a mother,
father, brother, sister, spouse, child, mother-in-law, father-in-law, grandparents or relative living within the
employee's household. Persons in loco parentis may also be considered under certain circumstances.
Such leave shall not be charged against the employee's Sick Leave or Vacation.
In addition to Bereavement Leave, an employee may request up to twenty (20) hours of Sick Leave in the
event of the death of an immediate family member. Such leave shall be charged against the employee's
Sick Leave balance and shall be considered in calculating his or her ability to convert the balance.
7.2. Holidays (see also 6.6. Holiday Pay)
7.2.1. Designated Holidays
The employee shall receive time off with pay for the following holidays but only if the employee is paid
for the workday that precedes or follows the holiday. If a holiday falls on an employee's scheduled day
off, the employee shall receive the holiday on the next scheduled business day. The dates upon which
these holidays shall be observed are listed below:
*indicates Monday
7.3 Worker’s 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.
Holiday
Month
2015-
2016
2016-
2017
2017-
2018
Independence Day
July 6 4* 4
Labor Day
Sept
7* 5* 4*
Columbus Day
Oct 12* 10* 9*
Veterans Day
Nov
11 11 11
Thanksgiving Day
Nov 26 24 23
Christmas Day
Dec
25 26* 25*
New Year’s Day
Jan 1* 2* 1*
Martin Luther King Day
Jan
18* 16* 15*
President’s Day
Feb
15* 20* 19*
Memorial Day
May
30* 29* 28*
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
10
7.4. Personal Leave
Thirty (30) hours Personal Leave may be taken by employee. Personal Leave is to be distinguished from
Personal Business Leave in that it does not have particular requirements for its use and is not deducted
from the employee's Sick Leave balance. An Employee Leave Request must be approved by the
appropriate department head prior to the use of Personal Leave and such leave may not be carried over into
the next fiscal year or cashed in if it is not used. Personal Leave shall be granted with due regard for the
employee's wishes and the operational needs of the department. This Personal Leave is also to be
considered similar to Vacation Leave in that an open shift can be filled with overtime coverage.
7.5. Sick Leave
Sick Leave shall not be construed as a right, which an employee may use at his or her discretion, but shall
be allowed only in case of necessity or actual sickness or disability.
The Finance Department will analyze and report to the employees the amount of Sick Leave earned, less
the am ount used, and the net accrued during the calendar year.
7.5.1. Sick Leave During Probation
Sick Leave may be taken during the probationary period but only in such amount as the employee would
have earned if on permanent status. If the employee does not become permanent, all paid Sick Leave must
be reimbursed to the City at the time of termination of employment or it shall be deducted from the
employee's final paycheck.
7.5.2. Reasons for Use of Sick Leave
Sick Leave shall be granted for the following reasons:
7.5.2.1 Personal illness or physical incapacity.
7.5.2.2 Up to 120 hours per year for the illness of a member of the employee's immediate family
(father, mother, sister or brother), or members of the employee's household (husband,
wife, and children) that require the employee's personal care and attention. Additional
time, up to 12 weeks, could be approved by the department head when treatment for an
illness, injury or condition which may be expected to be of long duration, has no
reasonably predictable date of termination and requires continuous or intermittent care by
the employee.
7.5.2.3 Enforced quarantine of the employee in accordance with Health Department regulations.
7.5.2.4 Medical, dental, and optical appointments.
7.5.2.5 Personal Business not to exceed a maximum of 37.5 hours during any one (1) year.
Personal Business means those items of personal business that can only be taken care of
during regular working hours of the employee. Personal Business Leave shall be
approved or disapproved by the department head in accordance with this section.
Departments are to use the earning code PB for this purpose. Personal Business shall be
debited against the employee's Sick Leave balance but Sick Leave taken as Personal
Business Leave shall not be taken into consideration for the purposes of the Sick Leave
Cash-In program or with regard to employee performance evaluations. Employee shall
give as much advance notice as reasonably possible when requesting Personal Business
Leave.
7.5.2.6 In the foregoing circumstances, Sick Leave must be exhausted before compensatory time
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11
off or Vacation Leave may be converted to Sick Leave.
7.5.3. Restrictions on Sick Leave
7.5.3.1 Disability arising from any sickness or injury purposely self-inflicted.
7.5.3.2 Sickness or disability sustained while on leave of absence, other than regular Vacation
Leave.
7.5.3.3 Disability or illness arising from compensated employment other than with the City.
7.5.4. Accrual and Use
For employees hired prior to January 1, 2006, Sick Leave with pay shall accrue 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 January 1, 2006, Sick Leave with pay shall accrue at the rate of ten
hours per month for each calendar month of paid employment. No more than 960 hours of sick
leave may be accrued. Balances accrued over 960 hours will be paid out annually at a rate of 25%
as a wellness bonus.
For employees hired on or after February 1, 2016, Sick Leave with pay shall accrue at the rate of ten
hours per month for each calendar months of paid employment. No more than 960 hours of sick
leave may be accrued. Upon accual of 960 hours, the employee ceases to accrue until such time as
his or her sick leave usage drops the accrual balance below 960 hours. Employees hired on or after
February 1, 2016 may not convert or cash out sick leave accrual; although he or she may convert for
service credit upon retirement pursuant to Section 7.5.11 of this agreement.
7.5.5. Sick Leave Donation Policy
Employees shall be eligible for sick leave donation from co-workers in accordance with the City’s
policy.
7.5.6. Sick Leave During Vacation
If an employee becom es ill or injured while on vacation, he or she may, by completing an Employee
Leave Request Form, use accrued Sick Leave time in lieu of vacation time for the period of disability.
7.5.7. One-Fourth Conversion
If the employee has used more than thirty (30) hours, but not more than sixty (60) hours of Sick
Leave, excluding time spent on personal business or bereavement, he or she would have the
following options:
7.5.7.1 Carry over the accrual and add it to his or her Sick Leave balance.
7.5.7.2 Convert, only to the extent that his/her balance is more than zero at the beginning of the new
year, one-fourth of the accrual to Vacation or convert one-fourth to cash (but no combination
of these two); unused, unconverted leave would then be added to the employee's Sick
Leave balance.
7.5.8. One-Third Conversion
If the employee has used no more than thirty (30) hours of Sick Leave, excluding time spent on
personal business or bereavement, he or she would have the following options:
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12
7.5.8.1 Carry over the accrual and add it to his or her Sick Leave balance.
7.5.8.2 Convert, only to the extent that his/her balance is more than zero at the beginning of the new
year, one-third of the accrual to Vacation or convert one-third of it to cash (but no
combination of these two); unused or unconverted leave would then be added to the
employee's Sick Leave balance.
7.5.9. Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be made by March 31.
7.5.10. Conversion to Cash Upon Separation
Upon separation due to death (if he or she had attained permanent status) the employee's estate may
receive fifty percent (50%) of his or her accrued Sick Leave balance in cash.
Upon disability retirement with at least five (5) years of service with the City of Azusa, the employee
may convert fifty percent (50%) of his or her accrued Sick Leave balance to cash.
Upon voluntary separation with less than ten (10) cumulative years of sworn safety service with the
City of Azusa Police Department, the employee may 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 convert fifty percent (50%) of his or her accrued Sick
Leave balance to cash.
Upon voluntary separation with at least twenty-five (25) cumulative years of sworn safety service with
the City of Azusa Police Department, the employee may convert one hundred percent (100%) of his
or her accrued Sick Leave balance to cash.
7.5.11. Conversion to Service Credit Upon Retirement
Pursuant to the terms of the City's contract, as amended, with the Public Employees' Retirement
System, upon voluntary retirement the employee may convert 100% of his or her accrued Sick Leave
balance, less any amount converted to cash under the terms of any policy or contract, to retirement
service credit.
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7.6. Vacation Leave
7.6.1. Required Usage and Carryover
Vacation Leave will be credited on a "pay-per-period" basis. Employees shall be required to use one
half (½) of their annual Vacation accrual yearly and shall be able to carry over one half (½) 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
7.6.2. Accrual
Vacation Leave shall accrue as follows:
Through the 4th year of employment.......90 hours per year
Through the 5th year of employment......120 hours per year
Through the 6th year of employment......128 hours per year
Through the 7th year of employment......136 hours per year
Through the 8th year of employment......144 hours per year
Through the 9th year of employment......152 hours per year
Through the 10th year of employment......160 hours per year
Through the 11th year of employment......168 hours per year
Through the 12th year of employment......176 hours per year
Through the 13th year of employment......184 hours per year
Through the 14th year of employment......192 hours per year
Through the 15th year of employment......200 hours per year
Through the 16th year of employment......218 hours per year
In addition to the above, sworn shift personnel shall accrue forty (40) additional hours per year in lieu
of holidays.
For employees hired on or after February 1, 2016, no more than 300 hours of Vacation Leave shall be
accrued. At such time as an employee’s accrual reaches 300 hours, he or she shall cease entitlement
to accrue until such time as usage lowers his or her accrual balance below 300 hours.
7.6.3. Cash Out
Employees have the option to cash out vacation hours so long as the employee will have a remaining
accrual balance of at least forty (40) hours following the cash out. Following cash out of vacation
leave, the employee’s vacation accrual balance shall be reduced by the amount cashed out.
7.7. Administrative Leave
Effective February 1, 2016, and on July 1st of each fiscal year, employees in the position of University
Resource Officer, School Resource Officer, Tranining Manage,r and AB109 Officer shall be credited
with forty (40) hours of Administrative Leave, to be used upon approval by a supervisor.
Administrative leave may only be taken in paid time-off and cannot be cashed out at any time. All
administrative leave granted in a calednar year must be used by the end of the same calendar year,
or it is forfeited. The City shall establish procedures providing a prorata amount for employees who
are hired during any fiscal year.
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14
8. CLOTHING DAMAGE REIMBURSEMENT
Effective February 1, 2016, 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 and
fifty dollars ($150) 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 and fifty dollar ($150) limit.
9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM
9.1. The Computer and Home Exercise Equipment Loan Plan described below shall be made available to full time
regular employees. Eligibility is limited to employees who have completed their initial probation period with
the City.
9.2. The equipment configuration shall be appropriate to the employee's position and career with the City.
9.3. It is the employee's responsibility to negotiate the price for the equipment and to bring a copy of the
order/quote to the City for approval prior to purchase.
9.4. The employee shall apply for a loan with the City on a City provided loan application. If the employee
qualifies, the City will fund the loan on an interest free basis. Loan payments must be by payroll deduction.
Each loan payment period shall not exceed two years and the aggregate value of all loan(s) shall not exceed
$5,000 per employee. In order for an employee to receive a loan under the Plan for equipment upgrades for
purchase of equipment components, the employee must certify that he/she already owns the remaining
components required to constitute a computer system.
9.5. Any remaining loan balance must be paid in full at time of separation of employment. Payment will be made
directly and/or by deduction from the last paycheck. In the event an outstanding balance remains, the
employee is responsible for making payment arrangements. The failure to make full payment will obligate
the employee to pay the City's attorneys fees in any restitution process.
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15
10. DISABILITY INSURANCE (SHORT/LONG TERM)
10.1. The City shall maintain in effect for the term of this agreement a disability plan covering employees
set forth herein. Said plan shall provide an employee with a maximum of two-thirds (2/3) of his/her
base salary. An employee may utilize his/her accrued Sick Leave, Vacation Leave and/or
compensatory time to supplement the disability insurance payment so as to receive 100% of his/her
base salary. The plan includes the following:
10.1.1. Provides 66.67% of the employee's monthly salary;
10.1.2. Commences after a 30 calendar day waiting period and provides a benefit to age 65;
10.2. For the first 30 days of non-job related illness or injury, the employee will use accrued Sick Leave,
compensatory time or Vacation Leave;
The employee will be allowed to use accrued Sick Leave in conjunction with the disability plan to
provide for a full paycheck;
At no time will an employee receive more than 100% of his or her base pay;
10.2.1. The premium will be added to the employee's gross pay and deducted from the net pay so as to
make the benefits exempt from further taxation.
11. EMPLOYEE ASSISTANCE PLAN
Association employees will be eligible for the City's Employee Assistance Plan.
12. FLEXIBLE BENEFIT PLAN
12.1. Benefit Grant
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. Previously, the City
maintained 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. However, effective February 1, 2016, the
monthly amount will be fixed at $1,513.00 for employees hired on or before January 31, 2016. For
employees hired after January 31, 2016, the FBP shall be at a maximum of $1,200.00 per month, with no
cash out provision.
12.2. 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.
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
16
12.3 Opt Out or Opt for Less Coverage
For those employees hired on or before January 31, 2016, the City will continue to provide a cash-out
option up to the entire FBP amount for any employee who provides proof of other coverage for themselves
and their dependents or otherwise does not use the entire FBP amount. This amount may be used to
purchase other benefits or paid out in cash, at the employee’s option.
For those employees hired after January 31, 2016, the City will provide a medical opt-out program for
employees who provide proof of other coverage for themselves and their dependents. Employees waiving
coverage for themselves and their dependents will receive three hundred dollars ($300.00) per month in
lieu of such coverage. The medical waiver amount may be applied toward the purchase of any pre-tax
optional benefits such as Deferred Compensation or paid as a taxable cash benefit.
12.2. Termination
The City will not be responsible for payment of any qualified benefits on behalf of the employee following
the month of termination. If an employee represented by the Association wishes to continue his/her
qualified benefits, advance payment for such qualified benefits will be deducted from the employee's final
pay.
13. LIFE INSURANCE
The City shall provide group life insurance to all Association members in an amount of coverage one times the
member's annual earnings.
14. OUTSIDE EMPLOYMENT
Outside employment will be permitted, provided that the outside employment is consistent with moral & ethical
guidelines established by the Chief of Police and the Association and that the employee, prior to accepting outside
employment, signs an agreement, which:
14.1 Acknowledges that said employment is outside the course and scope of the employee’s employment with
the City of Azusa and that said employment is not for the benefit of the City of Azusa; and
14.2 Releases, indemnifies, and holds the City of Azusa, its agents and employees harmless for any
liability, whatsoever, arising out of said employment, including but not limited to, injury or damage to the
employee, and
14.3 Acknowledges that the City will have no responsibility or obligation, whatsoever, to provide a legal
defense as a result of any outside employment engaged in by employee.
15. PHYSICAL EXAMINATIONS
The City will continue to provide annual physical examinations, for all sworn officers, on a voluntary basis.
16. RETIREMENT
For employees hired prior to December 31, 2012 the City shall continue the highest level of the 1959 survivor
benefit. For “Classic” members (those other than “new members”) the City shall continue to pay both the
"employee" and "employer" share of the cost, except where the employee contributes to the employer’s share as
required below.
Effective January 31, 2016, all unit members other than “new members” as defined by the California Public
Employees’ Pension Reform Act of 2013 (PEPRA) and/or California Government Code section 7522.04(f) shall
individually pay 3% of “compensation earnable” as defined in Government Code section 20636, representing the
member employee’s contribution to CalPERS. These contributions shall, at the time of separation, belong to the
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
17
employee. All other required contributions for unit members other than “new members” as defined by the PEPRA
and/or California Government Code section 7522.04(f) shall be made by the City. The members contribution shall
be made on a “cost sharing” basis and be a contribution toward the employer’s contribution.
Effective July 1, 2016, all unit members other than “new members” as defined by the California Public Employees’
Pension Reform Act of 2013 (PEPRA) and/or California Government Code section 7522.04(f) shall individually pay
an additional 3% of “compensation earnable” as defined in Government Code section 20636, for a total of 6% of
“compensation earnable” as defined in Government Code section 20636, representing the member employee’s
contribution to CalPERS. These contributions shall, at the time of separation, belong to the employee. All other
required contributions for unit members other than “new members” as defined by the PEPRA and/or California
Government Code section 7522.04(f) shall be made by the City. The members contribution shall be made on a
“cost sharing” basis and be a contribution toward the employer’s contribution.
Effective July 1, 2017, all unit members other than “new members” as defined by the California Public Employees’
Pension Reform Act of 2013 (PEPRA) and/or California Government Code section 7522.04(f) shall individually pay
an additional 3% of “compensation earnable” as defined in Government Code section 20636, for a total of 9% of
“compensation earnable” as defined in Government Code section 20636, representing the member employee’s
contribution to CalPERS. These contributions shall, at the time of separation, belong to the employee. All other
required contributions for unit members other than “new members” as defined by the PEPRA and/or California
Government Code section 7522.04(f) shall be made by the City. The members contribution shall be made on a
“cost sharing” basis and be a contribution toward the employer’s contribution.
Unit members who are “new members” as defined by PEPRA and/or California Governement Code section
7522.04(f), shall be required to pay a PERS member contribution in an amount equal to 50% of the normal cost
rate, up to a maximum of 12%, for the Defined Benefit Plan provided for by PEPRA, in which the new member is
enrolled, rounded to the nearest quarter of 1% or the current contribution rate of similarly situated employees,
whichever is greater, pursuant to Government Code section 7522.30.
Those new members shall be enrolled in the 2.7% at 57 Benefit Plan, as provided for in Government Code section
7522.25(e), with a final compensation measurement period of 36 consecutive months as set forth in Government
Code section 7522.32(a), and their retirement benefits shall be calculated based on “pensionable compensation”
(Section 7522.10) rather than compensation earnable (Section 20636).
Tier II Employees: For employees hired after January 1, 2011 and before January 1, 2013, the retirement benefit
shall be 3% @ 55. The City shall continue the highest level of the 1959 survivor benefit. These employees shall
pay contributions towardf the “employee” share of the CalPERS cost at the same percentage and at the same
starting dates as the contributions made by the non-new members contributions toward the employer’s share
described above and the City shall pay the remainder of the "employee" share (until the contributions by the
employee reach 9%) and the "employer" share of the CalPERS cost.
16.1 Optional Benefits
16.1.1 The City's contract with CalPERS includes the additional benefit of Service Credit for
Unused Sick Leave.
16.1.2 The City's contract with CalPERS includes participation in the two-year Golden Handshake
program as authorized by the State Legislature. The availability of this benefit shall be within the
discretion of the City Council.
16.1.3 The City’s contract with the CalPERS includes the Employer-Paid Member Contribution in base
pay during the final compensation period.
16.1.4 CalPERS Service Credit for Military Service
The CalPERS Military Service Credit Purchase Assistance Plan described below shall be made
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
18
available to full time regular employees who have completed their initial probation period with the
City.
The City’s contract with CalPERS includes the provisions of Section 21024, Military Service Credit
as Public Service. Eligible employees with qualifying military service can contact CalPERS and
arrange to be billed for the service credit (CalPERS' estimate is $5,000 per year of service). The
City shall reimburse the employee for 25% of the amount of the bill.
If desired, the employee may apply for a loan from the City for the remaining 75%. The employee
shall apply for the loan on a City-provided loan application. If the employee qualifies, the City will
fund the loan on an interest-free basis. Loan payments must be by payroll deduction. Each loan
payment period shall not exceed six years. The City may require collateral.
Any remaining loan balance must be paid in full at the time of separation of employment. Payment
will be made directly and/or by deduction from the last paycheck. In the event an outstanding
balance remains, the employee is responsible for making payment arrangements. The failure to
make full payment will obligate the employee to pay the City's attorneys fees in any restitution
process.
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16.2. CalPERS Retirement Planning Seminar
Employees who are in their "final compensation period" for CalPERS purposes shall be allowed to attend
one nearby CalPERS retirement planning/information seminar at City expense and on City time. Such
attendance shall be considered to be a training expense chargeable to the employee's "home" division.
16.3. Health Insurance During Retirement
Beginning with the first month after retirement, for Association employees who, at the time of retirement
from the City of Azusa, have attained the age of fifty (50) and have at least twenty (20) cumulative years of
sworn safety service with the City of Azusa Police Department, the City will pay until the employee passes
away, an amount equal to the single-coverage premium in the employee's comprehensive health insurance
plan. The amount of the City's contribution shall vary, up or down, depending upon the employee's choice of
health insurance carrier and its periodic changes in its rates. The minimum contribution that the City pays
directly to 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.
16.3.1 Spousal Option – In lieu of receiving the single coverage identified in section 16.3 a
retiree who qualifies 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.
16.3.2 Upon death of a retiree the City shall pay for the cost to continue medical coverage (no
greater than the single-coverage premium for the L.A./Orange County PERS Care Plan)
for the spouse for a period of five years, or until the spouse reaches Medicare age
(whichever occurs first). This benefit shall cease if the spouse remarries prior to the
expiration of the five year period or attaining Medicare age (whichever occurs first). This
benefit is only available to a spouse married to a retiree at the time of retirement.
17. LEAVE BANK FOR APOA BOARD MEMBERS:
Effective the month immediately following the ratification of this contract, the City agrees to initiate and maintain a
leave bank of 280 hours per fiscal year that may be used by APOA Board Members for APOA business. Requests
for leave, which utilizes this bank, must be approved in advance by police management under the same conditions
as vacation and compensatory time.
After the second pay period after ratification of the contract, each APOA member will automatically donate
sufficient vacation hours in order to build a bank of 280 hours.
During the second year of the contract and every year thereafter, donations will be made during the first pay period
in February.
Finance staff will convert the hours to a dollar value based upon the base pay rate of the donors. The total dollars
thus calculated will be placed in a separate account to be drawn upon by the Board members. Use of such time
will be paid to Board members at their current base pay rate. In no case shall the Board as a whole exceed 280
hours of use in a fiscal year. When funds are exhausted prior to the end of a fiscal year, the program will be
discontinued until the subsequent fiscal year. Any cash balance from donations in a fiscal year remaining after the
use of 280 hours in that fiscal year shall be carried over to be used in the subsequent fiscal year.
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18. SAFETY EQUIPMENT
The City will provide safety equipment for new employees and will replace worn safety equipment for current sworn
employees as required by the department head.
19. TUITION REIMBURSEMENT
19.1. Objective
The tuition reimbursement program is designed to encourage employees to continue their self-development
by enrolling in approved classroom courses, which will:
19.1.1. Educate them in new concepts and methods in their occupational field and prepare them to meet
the changing demands of their job.
19.1.2. Help prepare them for advancement to positions of greater responsibility in the City of Azusa.
19.2. Eligibility
19.2.1. 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.
19.2.2. Courses must be (except where noted in paragraphs 19.3.3 and 19.3.4.) traditional classroom
courses taken at colleges or universities and approved by the Western Association of Schools
and Colleges or approved mail correspondence or internet courses. Distance learning classes
offered by such colleges and universities shall be covered by this provision Credits given for
non-classroom assignments such as life experience, military training, and professional training
are not reimbursable.
19.2.3. Coursework must be related to the employee's current occupation or to a City classification to
which the employee may reasonably expect promotion within the next five years.
19.3. Courses may be eligible if they:
19.3.1. 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.
19.3.2. Do not duplicate training which the employee has already had or which is to be provided in-house.
19.3.3. Do not duplicate previously taken courses unless special approval has been granted by the
department head and the Human Resources Division.
19.3.4. 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.
19.3.5. Include completed engineering review courses taken at accredited institutions for which an
academic grade or units of academic credit are not given. These courses must prepare
candidates for a certificate, license or registration issued by the California Board of Registration
for Professional Engineers. The employee must receive the certificate or license from this Board
to be eligible for reimbursement, which will be granted for a maximum of 2 courses per certificate,
license or registration.
APOA M EMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
21
19.3.6. 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.
19.3.7. Are not taken on City time and must be certified that they are taken on the employee's off-duty
time.
19.3.8. Are part of a bona-fide curriculum of the study of a foreign language for which the City pays an
incentive.
19.3.9. Have been approved by the Department Head and the City Manager or his/her designee before
commencement of the class.
19.4. Reimbursement
19.4.1. 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.
19.4.2. The annual tuition reimbursement amount will be capped at an amount equal to the Cal State
Fullerton rate for full-time students as of September 1 in a given year; this cap shall stay constant
through August 31 of the proceeding year. For tuition reimbursement purposes the eligible school
year shall be defined from September 1 through August 31, regardless of when actual
reimbursement payment is processed.
19.4.2.1 Effective August 1, 2011 the tuition reimbursement amount will be capped at five
thousand dollars ($5,000) per employee, per fiscal year.
19.4.3. 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.
19.4.4. 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.
19.4.5. 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.
19.4.6. Application for reimbursement must be submitted within three months of the completion of the
approved course in order to be considered for reimbursement.
19.4.7 Upon separation from employment, employees shall be required to reimburse the City for any
funds received under this program for courses completed during the last 24 months of
employment. This payback provision does not apply to employees laid off by the City or who
separate as a result of a City/departmental reorganization.
20. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT
The parties shall re-open negotiations if (1) the City establishes a Retiree Medical Trust, (2) the City
management medical coverage is subejct to the so-called Cadillac Tax pursuant to the Affordable Care Act
(ACA), or (3) the City establishes an excess vacation annuity fund. This re-opener does not obligate the unit
to anything more than a discussion on the issues and eventually the parties may negotiate terms and reach an
agreement before any changes on these issues can be implemented. Absent an agreement by both parties,
the status quo shall remain.
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
22
AZUSA POLICE OFFICERS ASSOCIATION
_______________________________________________________________
Dieter Dammeier, APOA General Counsel Date
_______________________________________________________________
Peter Hoh, President Date
_______________________________________________________________
Robert Chivas, Vice President Date
________
Charles Wilkens, Secretary/Treasurer Date
________
Steve Sears, Board Member Date
_______________________________________________________________
Tommy Avila, Board Member Date
_______________________________________________________________
Jorge Sandoval, Board Member Date
________
Rocky Wenrick, Board Member Date
CITY OF AZUSA
_______________________________________________________________
Troy L. Butzlaff, ICMA-CM, City Manager Date
_______________________________________________________________
Susan Paragas, Finance Director Date
________
Amelia Ayala, Director of Human Resources and Risk Management Date
ATTEST:
______________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
APPROVED AS TO FORM AND CONTENT:
______________________________
Marco Martinez, Best Best & Krieger
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
i
INDEX
Acting Employee (5)
Bereavement Leave (9)
Bicycle Patrol Officer (8)
Bilingual Pay (5)
Callout (5)
Clothing Damage Reimbursement (14)
Compensatory Time (8)
Computer and Home Exercise Equipment Loan Program (14)
Detective (9)
Disability Insurance (15)
Educational Incentive Pay (6)
Employee Assistance Plan (15)
Flexible Benefit Plan (15)
Amount of Monthly Benefit (15)
Termination (17)
Yearly Increase (16)
Gang Detective (9)
Holiday Pay (See Also 6.2. Holidays) (6)
Holidays (10)
K-9 Officer (8)
Leave/days off (9)
Life Insurance (17)
Longevity Pay (6)
Motor Officer (8)
Off Duty Court Appearance Time (7)
Overtime/compensatory Time (8)
Personal Leave (11)
Physical Examinations (17)
Salary (3)
Automatic Payroll Deposit (5)
SET Detective (9)
Shift Differential (9)
Sick Leave (11)
Accrual and Use (12)
Conversion Deadline (13)
Conversion to Service Credit upon Retirement (13)
One-fourth Conversion (12)
One-third Conversion (12)
Reasons for Use of Sick Leave (12)
Restrictions on Sick Leave (11)
Sick Leave Donation Policy (12)
Sick Leave During Vacation (12)
Sick Leave During Probation (11)
Special Assignments (8)
Standby ("On Call") Pay (8)
Term of Memorandum of Understanding (1)
Training Pay (9)
Police Officer (9)
Tuition Reimbursement (19)
Eligibility (20)
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2015 THROUGH 7-31-2018
ii
Eligible Courses (20)
Objective (19)
Reimbursement (20)
Uniform Allowance (9)
Vacation Leave (14)
Accrual (14)
Required Usage and Carryover (14)
Work Week (2)
Work Week and Timekeeping Interval (2)
Workday (2)
Worker’s Compensation (10)