HomeMy WebLinkAboutE-15 Staff Report - Restated MOU for APOACONSENT ITEM
E-15
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TANYA BRAGG, DIRECTOR OF HUMAN RESOURCES & RISK MANAGEMENT
DATE: JUNE 17, 2019
SUBJECT: APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA
POLICE OFFICERS’ ASSOCIATION
BACKGROUND:
The City’s Negotiation Team consisting of Tanya Bragg, Director of Human Resources & Risk
Management and Talika Johnson, Director of Finance, has been in Negotiations with Azusa Police
Officers’ Association (APOA). The APOA membership consists of Police Corporals and Police
Officers. Mutual agreement between the City of Azusa and APOA has been reached; therefore,
Negotiations with the APOA has been concluded. This action will amend and restate the existing
Memorandum of Understanding (MOU) of the APOA with a contract term through July 31, 2020.
RECOMMENDATION(S):
It is recommended that the City Council take the following actions:
1)Approve the amended and restated Memorandum of Understanding between the City of
Azusa and the Azusa Police Officers’ Association in draft format; and
2) Authorize the City Manager to execute the agreement, subject to non-substantive changes
to the MOU provisions.
ANALYSIS:
The Negotiation sessions consisted of several discussions of the City of Azusa’s growing concern
related to Other Post-Employment Benefits (OPEB) costs, San Gabriel vs. Flores decision, Flexible
Benefit Plan: specifically, Cash in Lieu Payments and Reduction of Overtime. Other discussions
consisted of the City’s desire to reduce the City’s structural deficient by not providing on schedule
COLA increases over the term of this contract.
APPROVED
CITY COUNCIL
6/17/2019
Amended and Restated APOA MOU
June 17, 2019
Page 2
The MOU between the City of Azusa and APOA expired on July 31, 2018. Amongst several mutually
agreed upon concessions, the provisions of the proposed MOU include the following compensation and
benefit adjustments:
1. Contract Term: August 1, 2018 through July 31, 2020.
2. Single One Time Lump Sum: Fiscal Year 2018-2019: 3%
Fiscal Year 2019-2020: 3%
Totaling a 6% one-time lump sum payment the second
pay date in July 2019. Payment will be made at
employee’s current base pay rate, at the time of
disbursement.
3. Deferred Compensation Plans: Increase City’s contribution:
Police Corporal, deferred compensation will increase
from $90 to $100 effective upon ratification of agreement
4. Uniform Allowance: Effective November 2018, increase the current yearly
uniform allowance from $900 to $950 annually.
Effective November 2019, increase the current yearly
uniform allowance from $950 to $1,000 annually.
5. Flexible Benefit Plan: Created new max caps for FBP and cash-out of any excess
funds:
APOA members who were hired on/before 01/31/2016:
• Effective 07/01/19 increase FBP to $1,600/mo.
• Effective through 12/31/2019 max cap cash-out
will remain at $1,513/mo.
• Effective 01/01/2020, reduce max cap cash-out
to $1,000/mo. and employee may purchase
vision, dental and/or supplement products with
excess.
APOA Employees hired on/after 01/31/16:
• Effective upon ratification of MOU, FBP will
increase to $1,400/mo.
• Currently any unused portion of the FBP is
forfeited.
Amended and Restated APOA MOU
June 17, 2019
Page 3
6. Medical Waiver: Place new cap on employees who joined on/before
01/31/2016 and who are already on a medical waiver:
APOA Employees hired on/before 01/31/2016:
• Effective through 12/31/2019, medical waiver
cap amount to $1,600/mo.
• Effective 01/01/2020, reduce medical waiver
amount to $1,000/mo.
APOA Employees hired on/after 01/31/2016:
• The medical waiver will remain up to $300.
7. Health Reimbursement Arrangement Establish HRA’s or RT Account for employees
(HRA) or Retirement Trust Account: hired as laterals or joining on or after ratification of
MOU (in-lieu of lifetime medical), with the City’s
contribution as follows:
• $150/mo. for 1-5 years of continuous City
Service
• $250/mo. for 5+ years of services until employee
retires or separates from employment
8. Special Assignments: Upon ratification of agreement, Motor Officer/Traffic
Investigator will receive ten (10) hours per month at the
premium rate (time and one half).
The attached MOU is in draft format pending other non-substantive language clean-up throughout
MOU, including but not limited to: updating language to be consistent with other MOU agreements and
state/federal laws, terms used for gender identity, consistent formatting, use of terms, and updated salary
schedule. Both parties also agreed to a re-opener to establish a Special Pay Plan 401(A) to further
address the growing accrual liability.
FISCAL IMPACT:
The cost of the aforementioned APMA benefit adjustments is estimated at $324,800 for the term of this
contract, of which 100% is allocated to the General Fund. Of the total estimated contract cost of
$324,800, a portion of that total is cost, $246,590, is for a one-time only payment. The benefit
adjustments have been included in the FY 2019/20 Proposed Budget being presented to City Council for
adoption on June 17, 2019, and will be programmed in future budget years as applicable.
Amended and Restated APOA MOU
June 17, 2019
Page 4
Prepared by: Fiscal Impact Reviewed by:
Tanya R. Bragg Talika M. Johnson
Director of Human Resources & Risk Management Director of Finance
Reviewed and Approved:
Sergio Gonzalez
City Manager
Attachment:
1) Draft of Amended and Restated Memorandum of Understanding between the City of Azusa
and the Azusa Police Officers Association
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…………………………………………………………….. 3
5. SALARY…………………………………………………………………………………………………………... 4
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…………………………………………………………………………………………………………………….. 16
9. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM……………………………………………………………………………… 16
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 UNIT MEMBER………………………………………………………………………………………………………………… 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, 2018 through July 31, 2020
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, 2018, and shall continue in
full force and effect until July 31, 2020.
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 8-1-2005 THROUGH 7-31-2007
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APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
3
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
4.1 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.
4.2 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 and 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.
4.3 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.
4.4 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 MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
4
2. Working more than 160 hours over a 28 day FSLA work period.
5. SALARY
5.1 Wages
5.1.1 The City shall provide a one-time lump sum payment of 3% of salary in 2018/19 fiscal year, to
be paid the second pay date in July 2019, at the employee’s current base pay rate at the time
of disbursement.
5.1.2 The City shall provide a one-time lump sum payment of 3% of salary in 2019/20 fiscal year, to
be paid the second pay date in July 2019, at the employee’s current base pay rate at the time
of disbursement.
5.1.3 Those employees eligible for the one-time lump sum payments shall currently be employed at
the time of disbursement on the second pay date of July 18, 2019.
5.1.4 Effective August 1, 2010, implemented 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.
5.1.5 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:
1. 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.
2. Police Officers to possess an Intermediate POST Certificate and Police Corporals
to possess an Advanced POST Certificate.
3. Achieve performance standards of only successful and/or exceptional on the
most recent annual evaluation.
4. 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 Unit 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.
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
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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).
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.
5.1.6. 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.
5.1.7. 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 five (5)
unit 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
See Exhibit A, incorporated by this reference, for Classification, Ranges, and Steps.
5.2 Deferred Compensation
5.2.1. 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 one hundred dollars ($100.00) 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. Unit members may initiate enrollment at the
time of initial promotion, or any time thereafter, by contacting the Human Resources & Risk
Management Director and completing the required forms.
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
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5.3 Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank that utilizes the
Automated Clearing House service.
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.
The incentive paid shall be $250 per month.
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
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.
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
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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 hours
worked or equivalent compensatory time.
6.6. Longevity Pay
6.6.1 The monthly longevity pay for employees hired after January 31, 2011, shall be in accordance
with the following schedule:
10 yrs = $200
15 yrs = $300
20 yrs = $400
6.6.2 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
6.6.3 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
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
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20 yrs $493.97
6.6.4 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
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
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
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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
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
Motor Officer/Traffic Investigator
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
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6.11. Shift Differential
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 November 2018, the uniform allowance for “sworn” employees will increase to $950 per
year and will be paid the first pay period in November by the City. Effective November 2019, the
uniform allowance will increase to $1,000 per year and will be paid the first pay period in
November by the City. The uniform allowance shall not be subject to income tax withholding.
7. LEAVE/DAYS OFF
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 unit member of his/her immediate family. "Immediate family" unit 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 unit 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:
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*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.
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 amount used, and the net accrued during the calendar year.
7.5.1. Probationary Period - Use of Sick Leave
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.
Holiday Month 2018-
2019
2019-
2020
Independence Day July 4 4
Labor Day Sept 3 2*
Columbus Day Oct 8 14*
Veterans Day Nov 12 11*
Thanksgiving Day Nov 22 28
Christmas Day Dec 25 24
New Year’s Day Jan 1 1
Martin Luther King Day Jan 21* 20
President’s Day Feb 18* 17*
Memorial Day May 27* 25*
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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 unit member of the employee's immediate
family (father, mother, sister or brother), or unit 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
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.
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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 accrual 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 becomes 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:
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.
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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:
City Service Years of Employment
Hours Per Year
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.
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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, Training Manager 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 calendar year must be used
by the end of the same calendar year, or it is forfeited. The City shall establish procedures providing a pro-rata
amount for employees who are hired during any fiscal year.
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 attorney’s fees in any restitution process.
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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.
Effective July 1, 2019, the monthly amount will be capped at $1,600.00 for employees hired on or before
January 31, 2016.
For employees hired after January 31, 2016, the FBP shall be at a maximum of $1,400.00 per month, with
no cash out provision for excess of any remaining portion of the FBP.
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.
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12.3 Opt Out or Opt for Less Coverage
Through December 31, 2019, for those employees hired on or before January 31, 2016, the City will
continue to provide a cash-out option up to a cap of $1,513 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.
Effective January 1, 2020, for those employees hired on or before January 31, 2016, the City will continue
to provide a cash-out option up to a cap of $1,000 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 shall be paid as a taxable cash benefit.
12.4. 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.
13. LIFE INSURANCE
The City shall provide group life insurance to all Association unit members in an amount of coverage one times the
unit 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
16.1 “Classic” unit members are included in Tier I & II for purposes of retirement pension benefits in
accordance with the Public Employees’ Pension Reform Act of 2013. Tier I and II generally include
employees that were hired before January 1, 2013 in the California Public Employees Retirement System
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19
(CALPERS) or a reciprocal retirement system with no break in service longer than six months. CalPERS
will determine who is a classic member in compliance with the law.
16.1.1 Tier I: Unit members hired prior to July 1, 2011, shall be eligible for the 3% @ 50 retirement
formula for Local Safety members. The City pays 9% on behalf of the employee
share and the unit member pays 9% toward the CalPERS “employer” share, on a
“cost sharing” basis, at the same percentage and at the same starting date as the
City’s contributions “toward the employee share.” The employee contribution is
“compensation earnable” as defined in Government Code section 20636. The City
shall continue the highest level of the 1959 survivor benefit.
16.1.2 Tier II: Unit members hired after January 1, 2011 and before January 1, 2013, shall be
eligible for the 3% @ 55 retirement formula for Local Safety members. The City pays
9% on behalf of the “employee contribution” share of CalPERS and the unit
member pays 9% toward the CalPERS “employer contribution” share on a “cost
sharing basis, at the same percentage and at the same starting date as the City’s
contributions “toward the employee contribution share.” The employee contribution
share is “compensation earnable” as defined in Government Code Section 20636. The
City shall continue the highest level of the 1959 survivor benefit.
16.1.3 Tier III: Unit members hired on or after January 1, 2013 are “new members” for purposes of
retirement pension benefits pursuant to the Public Employees’ Pension Reform Act of
2013. Generally, this includes employees that were hired into a regular position on or
after January 1, 2013 or former members who have more than a six-month break in
service. CalPERS will determine who is a new member in compliance with the law.
16.1.3.1 As defined by PEPRA and/or California Government Code
Section 7522.04(f), unit members shall be required to pay a
CalPERS employee contribution in an amount equal to 50% of
the normal cost rate, up to a maximum of 12%, for the Defined
Benefit Plan provided or by PEPRA, in which the new unit
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.
16.1.3.2 New (PEPRA) unit members shall be enrolled in the 2.7% at 57
retirement formula for Local Safety Members. New members
entering membership for the first time in the classification of Police
Officer Trainee shall be eligible for 2% at 62 retirement formula
for Local Miscellaneous Members and the optional benefits provided
by CalPERS under the City’s contract for Local Miscellaneous
Members, as provided for in Government Code Section
7522.25(e). PEPRA unit members final compensation is a
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).
16.1.3.3 The employee contribution for new (PEPRA) unit members shall be
one-half the normal cost as determined by CalPERS. As of the
ratification of this agreement, the required employee contribution for
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20
new members is 12.75%. This amount will be adjusted periodically by
CalPERS.
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 Unit 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
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 attorney’s fees in any restitution
process.
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. Retirement Health Insurance
16.3.1 RHI Tier I: For unit members hired prior to the ratification of this MOU, 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
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
21
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.
16.3.2 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 any time during retirement.
16.3.3 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.
16.3.4 RHI Tier II: For unit members hired after the ratification of this agreement, a
PORAC retiree medical trust will be established in lieu of lifetime medical
with the City’s monthly contribution as follows:
Years of Continuous Service City Contribution
1-5 Years of Continuous Service $150/month
5+ Years of Continuous Service $250/month
.
Distribution of these funds will follow the agreement guidelines between
APOA and PORAC.
17. LEAVE BANK FOR APOA BOARD UNIT 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 ratification of the contract, each APOA unit member will automatically donate sufficient vacation hours the
first pay period in January of each fiscal year in order to build a bank of 280 hours.
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 unit members. Use of such
time will be paid to Board unit 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.
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
22
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. Employees who have successfully completed probation and appointed as regular 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 Department.
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 MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
23
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. Is 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 preceding 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.
19.4.3 Effective August 1, 2011 the tuition reimbursement amount will be capped at five thousand dollars
($5,000) per employee, per fiscal year.
19.4.4. 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.
19.4.5. 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.
19.4.6. 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.
19.4.7. Application for reimbursement must be submitted within three months of the completion of the
approved course in order to be considered for reimbursement.
19.4.8 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 management medical coverage is subject to the so-called
Cadillac Tax pursuant to the Affordable Care Act (ACA), and/or (2) the City establishes an excess vacation
annuity fund (401-A). 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 8-1-2018 THROUGH 7-31-2020
24
AZUSA POLICE OFFICERS ASSOCIATION
_______________________________________________________________
Dieter Dammeier, APOA General Counsel Date
_______________________________________________________________
Charles Wilkens President Date
_______________________________________________________________
Trevor Benson, Vice President Date
________
Justin Beaver, Secretary/Treasurer Date
CITY OF AZUSA
_______________________________________________________________
Sergio Gonzalez, City Manager Date
_______________________________________________________________
Talika Johnson, Director of Finance Date
_______________________________________________________________
Daniel Bobadilla, Director of Public Works Date
________
Tanya Bragg, Director of Human Resources and Date
Risk Management
ATTEST:
______________________________
Jeffrey Lawrence Cornejo, Jr., City Clerk
APPROVED AS TO FORM AND CONTENT:
______________________________
Marco Martinez, Best Best & Krieger
APOA MEMORANDUM OF UNDERSTANDING, EFFECTIVE 8-1-2018 THROUGH 7-31-2020
xxv
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)
xxvi
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)
Probation – Use of Sick Leave (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)
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)
CITY OF AZUSA
APOA SALARY SCHEDULE
EFFECTIVE 08/01/2018-07/31/2020
CLASSIFICATION RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6
POLICE OFFICER 6101 6,466.33$ 6,791.87$ 7,134.55$ 7,495.18$ 7,874.78$ 8,268.52$
POLICE OFFICER CORPORAL 6106 6,789.66$ 7,131.46$ 7,491.28$ 7,869.94$ 8,268.52$ 8,681.95$
POLICE OFFICER TRAINEE (NON-REPRESENTED)6184 5,279.65$ 5,543.63$ 5,820.81$ 6,111.85$ 6,417.45$