HomeMy WebLinkAboutE-19 Staff Report - Restated MOUs for CAPPCONSENT ITEM
E-19
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF FINANCE
DATE: AUGUST 19, 2019
SUBJECT: APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
BACKGROUND:
The City’s Memorandum of Understanding (MOU) with the Azusa Civilian Association of Police
Personnel (CAPP) expired on July 31, 2020. Both parties have been in negotiations and have finally
reached agreement on an amended MOU. This action approves a restated and amended MOU with the
CAPP with a contract term through July 31, 2020.
RECOMMENDATION:
Staff recommends that the City Council take the following action:
1)APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE CIVILIAN
ASSOCIATION OF POLICE PERSONNEL.
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 and Flexible
Benefit Plan: specifically, Cash in Lieu Payments. 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
8/19/2019
CAPP MOU
August 19, 2019
Page 2
The MOU between the City of Azusa and CAPP 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 paid the third pay
date in August 2019. Payment will be made at the
employee’s current base pay rate, at the time of
disbursement.
3. Bilingual Pay: Effective upon ratification of the agreement the personal
equipment allowance will increase from $100 to $125
annually for speaking and from $100 to $125 for
writing.
4. Overtime Meal Policy: Upon ratification of agreement, the overtime meal
reimbursement will increase from $9 to $16.
5. Uniform Allowance: Effective November 2019, the City will provide an
increase in uniform allowance from $760 to $860 for the
following classifications:
• Community Services Officer
• Community Services Officer - Field
6. Flexible Benefit Plan: Created new max caps for FBP and cash-out of any excess
funds:
CAPP members who were hired on/before 01/31/2016:
• Effective through 12/31/2019 max cap cash-out
will remain at $1,346/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.
CAPP MOU
August 19, 2019
Page 3
CAPP Employees hired on/after 02/01/2016:
• Effective upon ratification of agreement, FBP
will increase to $1,400/mo.
• Any unused portion of the FBP will be forfeited.
7. Medical Waiver: Place new cap on employees who joined on/before
01/31/2016 and who are already on a medical waiver:
CAPP Employees hired on/before 01/31/2016:
• Effective through 12/31/2019, medical waiver
cap amount to $1,454/mo.
• Effective 01/01/2020, reduce medical waiver
amount to $1,000/mo. and employee may
purchase vision, dental and/or supplement
products with excess
CAPP Employees hired on/after 02/01/2016:
• The medical waiver will remain up to $300.
8. Health Reimbursement Arrangement Establish HRA for employees hired on or after
(HRA): the ratification of the MOU (in-lieu of lifetime
medical), with The City’s contribution as follows:
• $2,000 initial contribution within the first month
of hire
• $1,000/mo. for 1-5 years of continuous City
service
• $2,000/mo. for 6-10 years of continuous City
service
• $3,000/mo. for 11 or more years of continuous
City service until employee retires or separates
from employment
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.
CAPP MOU
August 19, 2019
Page 4
FISCAL IMPACT:
The cost of the aforementioned CAPP benefit adjustments is estimated at $48,245 for the term of this
contract, of which 100% is allocated to the General Fund. Of the total estimated contract cost of
$48,245, a portion of that total is cost, $93,855, is for a one-time only payment, with the difference
reflecting a cost savings due to anticipated reductions in overtime costs. The benefit adjustments have
been included in the FY 2019/20 Adopted Budget and will be programmed in future budget years as
applicable.
Prepared by: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Finance City Manager
Attachment:
1) Draft of Amended and Restated Memorandum of Understanding between the City of Azusa
and the Civilian Association of Police Personnel
DRAFT
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND THE CIVILIAN ASSOCIATION OF
POLICE PERSONNEL
EFFECTIVE AUGUST 1, 2018 THROUGH JULY 31, 2020
Attachment 1
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ii
TABLE OF CONTENTS
1. TERM OF MEMORANDUM OF UNDERSTANDING…………………………………………..………1
2. IMPLEMENTATION…………………………………………………………………………………….....1
3. MAINTENANCE OF EXISTING BENEFITS…………………………………………………….……....1
4. NON-DISCRIMINATION……………………………………………………………………………..……1
4.1 Protection of Rights…………………………………………………………………………..………..1
4.2 Anti-Discrimination………………………………………………………………………………..…...2
5. REOPENER……………………………………………………………………………………………..….2
6. SAVINGS CLAUSE…………………………………………………………………………………..……2
7. SEPARABILITY………………………………………………………………………………………….....2
8. TOTAL COMPENSATION……………………………………………………………………………...…2
9. CITY RIGHTS…………………………………………………………………………………………...….2
9.1 Management Rights…………………………………………………………………………………...2
9.2 Conformance with Rules………………………………………………………………………………4
9.3 Meet and Confer……………………………………………………………………………………….4
10. WORKWEEK AND TIMEKEEPING INTERVAL……………………………………………………......4
10.1 Workweek…………………………………………………………………………………………..4
10.2 Workday…………………………………………………………………………………………….6
10.3 Timekeeping Interval……………………………………………………………………………...6
11. SALARY……………………………………………………………………………………………………..6
11.1 Current Salaries……………………………………………………………………………….......6
11.2 Single Lump Sum Payment………………………………………………………………………6
11.3 Automatic Payroll Deposit………………………………………………………………………..7
12. ADDITIONAL COMPENSATION/PREMIUM PAY……………………………………………………..7
12.1 Bilingual Pay……………………………………………………………………………………….7
12.2 Callback Pay……………………………………………………………………………………….7
12.3 Court Time………………………………………………………………………………………….8
12.4 Deferred Compensation (Employer Paid)………………………………………………………8
12.5 Longevity Pay……………………………………………………………………………………...8
12.6 Overtime/Compensatory Time…………………………………………………………………...8
12.7 Shift Differential……………………………………………………………………………………9
12.8 Training Pay………………………………………………………………………………………10
12.9 Uniform Allowance……………………………………………………………………………….10
13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM…………………………..10
14. DAMAGE TO PERSONEL EFFECTS………………………………………………………………….10
15. EMPLOYEE ASSISTANCE PLAN……………………………………………………………………...10
16. FLEXIBLE BENEFIT PLAN……………………………………………………………………………...10
16.1 Definition………………………………………………………………………………………….10
I
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TABLE OF CONTENTS
16.2 Amount of Monthly Benefit……………………………………………………………………...11
16.3 Opt Out or Opt for Less Coverage……………………………………………………………..11
16.4 Eligibility…………………………………………………………………………………………..12
16.5 Termination……………………………………………………………………………………….12
17. LEAVE TYPES……………………………………………………………………………………………12
17.1 Bereavement Leave……………………………………………………………………………..12
17.2 Holidays…………………………………………………………………………………………...13
17.3 Industrial Leave…………………………………………………………………………………..14
17.4 Sick Leave………………………………………………………………………………………..15
17.5 Vacation Leave…………………………………………………………………………………..18
18. LICENSE RENEWAL…………………………………………………………………………………….19
19. LIFE INSURANCE………………………………………………………………………………………..19
20. LONG TERM DISABILITY INSURANCE……………………………………………………………....19
21. RETIREMENT…………………………………………………………………………………………….20
21.1 CalPERS Optional Benefits……………………………………………………………………..20
21.2 Health Insurance during Retirement…………………………………………………………...20
22. TUITION REIMBURSEMENT…………………………………………………………………………...21
23. FLEXIBLE STAFFING POSITIONS…………………………………………………………………….22
24. JOB SHARING…………………………………………………………………………………………...22
25. LAYOFF………………………………………………………………………………………………….23
26. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT………………………………23
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CITY OF AZUSA
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
MEMORANDUM OF UNDERSTANDING
AUGUST 1, 2018 THROUGH JULY 31, 2020
This Memorandum of Understanding is entered into with reference to the following facts:
(1) The Civilian Association of Police Personnel (CAPP) (hereinafter referred to as
"Association") is the recognized employee organization representing those
personnel (hereinafter referred to as "employees") employed by the various
departments of the City of Azusa (hereinafter referred to as "City"), and occupying
the classifications as listed in Exhibit A attached hereto;
(2) In the interest of maintaining harmonious relations between the City and those
employees represented by the Association, authorized representatives of the City
and the Association have met and conferred in good faith, exchanging various
proposals concerning wages, hours and other terms and conditions of employment
to affected employees.
(3) The authorized representatives of the City and the Association have reached an
understanding and agreement as to certain changes in wages, hours and other
terms and conditions of employment of the affected employees which shall be
submitted to the City Council of the City for approval and implementation of these
changes by appropriate ordinance, resolution, or other lawful action.
Therefore, the City and the Association agree that, subject to approval and implementation by
the City Council of the City, the wages, hours and other terms and conditions of employment
for all affected employees shall be altered as follows:
1. TERM 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. IMPLEMENTATION
This document is subject to approval of the City Council of the City of Azusa, and following
such approval shall be implemented by appropriate resolution(s) or ordinance(s) of the City
Council.
3. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and economic terms and conditions of
employment presently enjoyed by employees shall remain in full force and effect during
the entire term of this document unless mutually agreed to the contrary by both parties
hereto.
4. NON-DISCRIMINATION
4.1 Protection of Rights
The City and the Association shall recognize and protect the rights of all employees
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hereby to join and/or participate in protected Association activities or to refrain from
joining or participating in protected activities in accordance with Government Code
Section 3500, et seq.
4.2 Anti-Discrimination
The City and the Association shall not discriminate against any employee because of
race, color, sex, age, national origin, political or religious opinions or affiliations. The
City and the Association shall reopen any provisions of this Agreement for the purpose
of complying with any final order of the federal or state agency or court of competent
jurisdiction requiring a modification or change in any provision or provisions of this
document in compliance with state or federal anti-discrimination laws.
5. REOPENER
Should No. 6 render invalid any provision of this document, then meet-and-confer session(s)
shall immediately commence in the effort to agree upon replacement(s) for such invalidated
provisions(s).
6. SAVINGS CLAUSE
Should any State or Federal law mandate the loss of revenue to the City as a result of the
implementation of any clause of this document, or should any State or Federal law render a
clause(s) of this document invalid, then those changes alone shall not be given effect and the
remainder of this document standing shall be unaffected and shall remain in full force and
effect.
7. SEPARABILITY
Should any provisions of this document be found to be inoperative, void, or invalid by a court of
competent jurisdiction, all other provisions of this document shall remain in full force and effect
for the duration of this document.
8. TOTAL COMPENSATION
As a matter of philosophy, the City recognizes that compensation consists of terms and
conditions of employment other than those represented solely by salary. Further, the City
recognizes that the changes in wages, hours and other terms and conditions of employment as
set forth in this document constitute additions to the total compensation received by affected
employees.
9. CITY RIGHTS
9.1 Management Rights
The City reserves, retains and is vested with, solely and exclusively, all rights of
Management which have not been expressly abridged by specific provision(s) of this
document or by law to manage the City, as such rights existed prior to the execution of
this document. The sole and exclusive rights of Management, as they are not abridged
by this document or by law, shall include, but not be limited to, the following:
9.1.1 To manage the City generally and to determine the issues of policy.
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9.1.2 To determine the existence or non-existence of facts which are the
basis of the Management decision.
9.1.3 To determine the necessity and organization of any service or
activity conducted by the City and expand or diminish services.
9.1.4 To determine the nature, manner, means and technology and
extent of services to be provided to the public.
9.1.5 To determine methods of financing.
9.1.6 To determine types of equipment or technology to be used.
9.1.7 To determine and/or change the facilities, methods, technology,
means and size of the work force by which the City operations are to be
conducted.
9.1.8 To determine and change the number of locations, relocations and
types of operations, processes and materials to be used in carrying out
all City functions including, but not limited to, the right to contract for or
subcontract any work or operations of the City.
9.1.9 To assign work to and schedule employees in accordance with
requirements as determined by the City and to establish and change work
schedules and assignments.
9.1.10 To relieve employees from duties for lack of funds or lack of work
or similar non- disciplinary reasons.
9.1.11 To establish and modify productivity and performance programs
and standards.
9.1.12 To discharge, suspend, demote or otherwise discipline employees
for proper cause.
9.1.13 To determine job classification and to reclassify employees.
9.1.14 To hire, transfer, promote or demote employees for non-
disciplinary reasons in accordance with this document and applicable
Resolutions and Codes of the City.
9.1.15 To determine policies, procedures and standards for selection,
training and promotion of employees.
9.1.16 To establish employee performance standards including, but not
limited to, quality and quantity standards and to require compliance
therewith.
9.1.17 To maintain order and efficiency in its facilities and operation.
9.1.18 To establish and promulgate and/or modify rules and regulations
to maintain order and safety in the City which are not in contravention with
this Agreement.
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9.1.19 To take any and all necessary action to carry out the mission of the
City in emergencies.
9.2 Conformance with Rules
The City shall have the right to exercise the rights provided in sections 9.1.8 through
9.1.16. of the Management rights clause, in accordance with the Personnel Rules and
Regulations and shall exercise these rights in conformance with the Personnel Rules
and Regulations.
9.3 Meet and Confer
Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the exercise of Management's rights
shall impact on employees of the bargaining unit, the City agrees to meet and confer
with representatives of the Association regarding the impact of the exercise of such
rights, unless that matter of the exercise of such rights is provided for in this document,
or in Personnel Rules and Salary Resolutions and Administrative Code(s) which are
incorporated in this document. By agreeing to meet and confer with the Association as
to the impact and the exercise of any of the foregoing City Rights, Management's
discretion in the exercise of these rights shall not be diminished.
10. WORKWEEK AND TIMEKEEPING INTERVAL
10.1 Workweek
The regular workweek for most employees covered by this document shall be forty (40)
hours for a seven(7) day period beginning at 12:01 a.m. each Sunday and consists of
four (4) days a week and ten (10) hours per day. Daily hours of work or shifts for
employees within departments shall be assigned by the department head, as required
to meet the needs of the department.
10.1.1 Attached to this MOU are work schedules which shall be used
when there are both nine Dispatchers employed and ten Dispatchers
employed by the City. These work schedules are incorporated into this
MOU and are part of this MOU as Exhibit B. The effective date of these
attached work schedules was May 25, 2014.
10.1.2 The parties agree that Dispatchers have adopted alternate
schedules, including a 3/12.5 schedule. For the Dispatchers who are
scheduled to work a 3/12.5 work schedule, their FLSA workweek shall
begin at exactly the half way point of their shift on the day of the week on
which their Supplemental Shift occurs. Thus, for example, for employees
scheduled for a Supplemental Shift of 1O hours, their FLSA workweek
(which shall be used to determine the overtime they receive for working
more than 40 hours in a week) shall begin five (5) hours after the start
time of their scheduled Supplemental Shift. This shall be their FLSA
workweek used to calculate overtime compensation for each workweek
regardless of whether there is a Supplemental Shift during the workweek.
Shift selection will be based on seniority.
10.1.3 Employees scheduled to work a 3/12.5 work schedule will have a
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Supplemental Shift which will occur every other pay period.
10.1.3.1 In the pay period in which no Supplemental Shift
occurs, the employee will be scheduled to work 37.5 hours per
FLSA workweek (three 12.5 hour shifts). In this pay period of two
FLSA workweeks, employees will have the choice to use two and
one-half hours of vacation or compensatory time so that their
regularly scheduled hours of 37.5 hours when combined with the
additional two and one half hours of leave will result in the
employee getting paid 40 hours each workweek of the pay period.
If the employee chooses to use two and one half hours of leave in
either of these workweeks, and the employee works any additional
hours outside their regularly scheduled 37.5 hours, all additional
hours worked will be paid at time and one half the employee's
regular rate of pay. If the employee does not choose to use the
two and one half hours of leave in either of the workweeks of the
pay period, if the employee works additional hours during those
workweeks, the hours worked between 37.5 and 40 will be paid at
straight time and hours worked above 40 will be paid at time and
one half the employee's regular rate of pay.
10.1.3.2 In the pay period in which the Supplemental Shift
occurs, the employee will be schedule to work overtime since the
employee's regularly scheduled hours will exceed 40 hours in
each week. If the employee works additional hours in either of
the workweeks of this pay period, those hours will be overtime.
For this pay period, the employee will be paid for the regularly
scheduled hours (which will include the overtime described above)
and the employee will be required to take cash wages for the
regularly scheduled overtime hours (cash wages are required to
include these hours as reportable compensation for PERS
purposes) but may choose compensatory time off for any
additional overtime worked.
10.1.3.3 The parties agree that to the extent permitted by
law, the regularly scheduled overtime worked by the employees in
the pay period in which they work the Supplemental Shift is
special compensation and shall be reported as such to CalPERS
pursuant to Title 2 CCR, Section 571(a)(5) "Statutory Items".
10.1.3.4 Any Dispatcher scheduled to work a 4/10 work
schedule shall have his or her FLSA workweek begin at 12:01
a.m. on Sunday and end exactly 168 hours later at 12:00 a.m. the
following Sunday.
10.1.3.5 Any time a new shift design is established (e.g.,
4/10, 3/12, number of Dispatchers change, etc.), shift selection will
be made based upon seniority; however; subsequent shift
assignments will be on a rotating basis as established by the Unit
Supervisor. This does not preclude the individual Dispatchers the
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ability to exchange shifts, if mutually agreed upon and with the
Unit Supervisor's approval.
10.1.3.6 Vacation and shift payback selection is made based
on seniority during a given time frame as established by the Unit
Supervisor.
10.2 Workday
CAPP members working a 10 hour shift shall receive 60 minutes total for lunch &
breaks:
30 minute lunch
Two 15 minute breaks
CAPP members working a 12.5 hour shift shall receive 75 minutes total for lunch &
breaks:
30 minute lunch
Three 15 minute breaks
(Revisions to the existing lunch and break times, if any, will need to be worked out with
the Chief of Police. Any combining of lunch and break will need the approval from the
Unit Supervisor. If the Unit Supervisor is not available, the approval will come from the
Watch Commander)
The City reserves the right to determine the beginning and ending times of the work
day.
10.3 Timekeeping Interval
In compliance with FLSA, the minimum timekeeping interval shall be fifteen (15)
minutes. Periods of time of seven (7) minutes or less shall be rounded down and
periods of time of eight (8) minutes or more shall be rounded up.
11. SALARY
11.1 Current Salaries
The current base monthly salary of employees in the unit covered by this MOU are set
forth in Exhibit A.
11.2 Single Lump Sum Payment
There are no scheduled across the board cost-of-living adjustments (COLAs) or salary
increases during the term of this MOU.
11.2.1 Effective the third pay date in August 2019, the City shall pay each
employee covered by this MOU a single lump sum payment in an amount
which is equal to three percent (3%), paid at the employees current base
pay rate at the time of the pay period ending August 24, 2019 for fiscal
year 2018/19.
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11.2.2 Effective the third pay date in August 2019, the City proposes a
single lump sum payment in an amount which is equal to three percent
(3%), paid at the employees current base pay rate at the time of the pay
period ending on August 24, 2019 for fiscal year 2019/20.
11.2.3 Those employees eligible for the single lump sum payment shall
be currently employed at the time of disbursement on the second pay
date of July 18, 2019.
11.3 Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with any bank
that utilizes the Automated Clearing House service.
12. ADDITIONAL COMPENSATION/ PREMIUM PAY
12.1 Bilingual Pay
The City shall pay an additional $125 per month to personnel demonstrating a
proficiency in a foreign language if they are assigned and required to speak and
translate a foreign language in performance of their duties. An additional payment of
$125 per month shall be paid to those who are proficient in writing in the foreign
language as well.
Such payment is conditional upon demonstration of a foreign language proficiency by a
qualified third- party examiner mutually agreed upon by both the City and t he
Association.
Employees may apply for bilingual pay at any time; however, examinations shall be
conducted semi- annually.
12.2 Callback Pay
If an employee is required to be called back to work after completing his or her normal
shift or after having left City premises or the employee's work location, the employee
shall be compensated at the appropriate rate for each hour worked on Callback with a
minimum of (2) hours Callback compensation at the appropriate rate, regardless of
whether the employee actually works less than two (2) hours. This provision shall be
applicable to an employee even though the employee's regular work week is not
complete but shall not apply to an employee who is continuing on duty for his/her
normal work shift. For the purposes of this section only, the time starts when the
Callback call is received by the employee.
12.2.1 Appropriate Rate of Pay for Callback
The rate of pay for Callback shall be at one and one-half (1½) times the
normal rate of pay, except between 12 midnight and 5 a.m., the first call
shall be compensated at double-time (2) rate. For the purposes of this
section only, the time period to be used in computing whether a callback
is the first callback shall be from 4:00 p.m. to 4:00 p.m. the next calendar
day. All other callbacks during the same twenty-four (24) hour period
shall be compensated at the double-time (2) rate.
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12.3 Court Time
The minimum court appearance time shall be four (4) hours per day. Court time is
applicable only for court appearances scheduled during off-duty hours. In cases where
the appearance is cancelled, 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 prior court day or the guaranteed minimum of four (4) hours shall
apply. Personal notification shall be defined as any one of the following: (1) in person;
(2) to a responsible message taker at the employee's home; (3) via an answering
machine or voicemail; or (4) via email to the employee’s City email address.
12.3.1 Court Standby Time
The City agrees to pay for court standby time or other on-call time on
hour for hour basis with a minimum of two (2) 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 to no later
than 5:30 p.m. In cases where the appearance is cancelled, 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 prior court day or the guaranteed minimum of two (2)
hours shall apply. Personal notification shall be defined as any one of the
following: (1) in person; (2) to a responsible message taker at the
employee's home; (3) via an answering machine or voicemail; or (4) via
email to the employee’s City email address.
12.4 Deferred Compensation (Employer Paid)
The City shall provide $45 per month in deferred compensation to each employee.
12.5 Longevity Pay
The monthly longevity pay for employees who have completed the specified years of
full-time City service shall be in accordance with the following schedule:
7 yrs = $80
10 yrs = $100
15yrs = $175
20 yrs = $250
Notwithstanding the foregoing, employees currently receiving a higher dollar amount of
longevity pay than the amount provided for above shall continue to receive the higher
dollar amount until eligible for an increase based on the schedule set forth above.
12.6 Overtime/Compensatory Time
Employees shall be entitled to Overtime Pay or Compensatory Time off for all hours
worked in excess of ten (10) hours in one work day or forty (40) hours within the
employee's regular work week. For the purposes of this document, Holiday Pay, Sick
Leave, and other Compensated Time off shall count for the hours. Compensatory Time
may be accumulated at the appropriate rate for each hour of overtime worked to a
maximum accrual of two hundred forty (240) hours. Compensatory Time may be used
by employees in the same manner and for the same reasons as if it were vacation
leave under the City's policies.
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Overtime Pay or Compensatory Time off for Overtime Pay shall be accumulated in no
less than fifteen minutes per day increments. When an employee works less than
fifteen minutes per day of overtime, the employee shall not receive Compensatory Time
for such overtime.
In order to be entitled to any compensation for overtime hours worked, such overtime
work must have been authorized by the department head or the City Manager.
Accumulated compensatory time not taken off in the pay period in which it was earned
may be carried over to a maximum of two hundred forty (240) hours.
12.6.1 Overtime Meal Policy
12.6.1.1 Beyond Regular Shift
When an employee is required to work continuous, unplanned
overtime beyond his or her regular shift, he or she shall be
provided with a meal and time to eat the meal no more than two
hours after the commencement of such work and no less
frequently than every four hours actually worked thereafter or he
or she shall receive a meal reimbursement of sixteen dollars
($16) for each such period.
12.6.1.2 Outside of Regular Shift
When an employee is required to perform scheduled or
unscheduled work outside of his or her regular work hours, as a
result of an emergency situation, he or she shall be provided with
a meal and the time to eat the meal no less frequently than every
four (4) hours or a meal reimbursement of sixteen dollars ($16)
for each such four (4) hour period.
12.6.1.3 Before 5 a.m.
In the event that an employee is summoned to work before five
o'clock in the morning (5 a.m.) and is required to continue to
work into his or her regular shift on the same task that he or she
was summoned for, he or she shall be provided with a meal and
time to eat the meal no less frequently than every four (4) hours
or a meal reimbursement of sixteen dollars ($16) for each such
four (4) hour period.
12.7 Shift Differential
Persons assigned to work the following shifts will be compensated as follows:
Swing Shift: additional $.52 per hour
Morning Shift: additional $1.04 per hour
Swing Shift is generally considered to be 1500 to 0100; Early Morning Shift is generally
considered to be 2200 to 0800; any shift that includes at least one-half of either of these
shifts shall receive shift differential for the entire shift. Shift differential pay will not apply
to individuals who are working either of the above shifts on an overtime basis, on a shift
exchange or when called out due to an emergency.
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12.8 Training Pay
Association employees shall receive Training Pay at the rate of five percent (5%) in
addition to base salary while assigned to train a person to perform the functions of their
respective divisions.
12.9 Uniform Allowance
The City agrees to provide a Uniform Allowance of seven hundred sixty dollars per year
($760), which shall be paid in November, for all employees who are required to wear or
maintain a uniform.
Effective November 2019, the City agrees to provide a uniform allowance of eight
hundred sixty dollars per year ($860) for the following classifications:
Community Services Officer
Community Services Officer – Field
13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM
Availability of a Computer and Home Exercise Equipment Loan Program shall cease as of the
date this MOU is executed. While prior loans will continue to be paid back pursuant to the prior
terms, no further loans shall be issued.
14. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, an office employee's personal clothing or effects is accidentally
damaged or destroyed, the employee may submit a claim for reimbursement up to one
hundred dollars ($100) to the department head or his or her designee. The department head or
his or her designee shall have the authority to investigate the claim and recommend to the City
Manager, or his or her designee, to pay the full amount of the claim, deny the claim, or
apportion the claim based on normal wear and tear of the item and/or the extent of the
employee's negligence in following proper safety procedures. It is expressly understood that
stockings and socks are exempt from this procedure. It is further expressly understood that
prescription eye glasses or contact lenses and hearing aid devices are exempt from the one
hundred dollar ($100) limit.
15. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan.
16. FLEXIBLE BENEFIT PLAN
16.1 Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP) was
converted to an IRS Section 125 Flexible Benefit Plan (FBP) administered by either the
City or its designee. This plan can be used by the employee to pay, to the extent
available, for qualified benefits as determined by the IRS. The employee understands
that, in the event the total premiums and/or expenses for qualified benefits selected by
him/her exceed the amount of the FBP; the excess shall be deducted from pre-tax
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wages of the employee. As of February 1, 2016, the City add ed vision plan applicability
to the FBP.
16.2 Amount of Monthly Benefit
Upon ratification of this MOU agreement, the City and the CAPP Association agrees to
make the following changes to the monthly flexible benefit allowance and excess cap for
cash out:
16.2.1 For employees hired on or before January 31, 2016, the City’s
Flexible Benefit Plan contribution will be one thousand four hundred fifty
four dollars ($1,454) per month for each employee and the City’s current
cash-out provisions will remain unchanged through December 31, 2019.
16.2.2 Effective January 1, 2020, for employees hired on or before
January 31, 2016, the City will continue to provide a cash-out option up to
a cap of one thousand dollars ($1,000) per month 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.
16.2.2.1 For example, a member whose flexible benefit allowance
is $1,454 uses $300 for medical, dental, vision, and/or
supplemental products will be eligible for $1,000 taxable cash
payment and forfeits the remaining $154.
16.2.3 For employees hired on or after February 1, 2016, the City’s
Flexible Benefit Plan contribution will be increased from one thousand
two hundred dollars ($1,200) per month to one thousand four hundred
dollars ($1,400) per month for each employee effective September 1,
2019, with no cash out provision. These members may, however, opt out
of the Flexible Benefit Plan and receive three hundred dollars ($300.00)
in lieu of participation.
This plan can be used by the employee to pay, to the extent available, for qualified benefits
as determined by the IRS. The employee understands that, in the event the total premiums
and/or expenses for qualified benefits selected by him/her exceed the amount of the FBP,
the excess shall be deducted from pre-tax wages of the employee.
16.3 Opt out or Opt for Less Coverage
Through December 31, 2019, for employees hired on or before January 31, 2016, the
City will continue to provide a medical opt-out option up to a cap of one thousand four
hundred fifty four dollars ($1,454) per month 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 employees hired on or before January 31, 2016, the City
will continue to provide a medical opt-out option up to a cap of one thousand dollars
($1,000) per month for any employee who provides proof of other coverage for
themselves and their dependents or otherwise does not use the entire FBP amount.
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This amount may be used to purchase other benefits or paid out in cash, at the
employee’s option.
For employees hired on or after February 1, 2016, the City will provide a medical opt-
out (waiver) 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) 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.
16.4 Eligibility
In order for an employee to be eligible for the FBP in any given month, he/she must be
on payroll on the first work day (excluding recognized paid City holidays) of that month.
A new employee will be eligible for the full FBP applicable to his/her bargaining unit if
he/she begins work on the first work day (excluding recognized paid City holidays) of
the month. An employee whose date of hire is on the second work day (excluding
recognized paid City holidays) of the month or thereafter will not be eligible for the FBP
for that month.
If an employee does not meet the qualifying work time in any given month,
arrangements must be made with the Finance Department to reimburse the City for any
benefits that have already been paid out on the employee's behalf for that month. The
Finance Department will notify the employee if he/she has not met the qualifying work
time for eligibility for the FBP.
16.5 Termination
The City will not be responsible for payment of any qualified benefits on behalf of the
employee following the month of termination. If an employee represented by the
Association wishes to continue his/her qualified benefits, advance payment for such
qualified benefits will be deducted from the employee's final pay.
For the purposes of clarification, this language means that existing employees will
receive FBP for their last month of employment even if they work just one work day into
that last month.
17. LEAVE TYPES
17.1 Bereavement Leave
An employee may be permitted to take up to forty (40) hours of Bereavement Leave in
the event of the death of a member of his or her immediate family. "Immediate family"
member is herewith defined as a mother, father, step-parents, brother, sister, step-
siblings, domestic partner, child, mother-in-law, father-in-law, grandparents,
grandparents-in-law or relative living within the employee's household. Person in loco
parentis may also be considered under certain circumstances. Such leave shall not be
charged against the employee's Sick Leave or Vacation Leave. In addition to
Bereavement Leave, an employee may request up to twenty (20) hours of Sick Leave in
the event of the death of an immediate family member. Such leave shall be charged
against the employee's accrued Sick Leave balance and shall be considered in
calculating his or her ability to convert the balance.
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17.2 Holidays
17.2.1 Designated Holidays
The employee shall receive time off with pay for the following holidays but
only if the employee is on paid status for the scheduled workday that
precedes and the scheduled workday that follows the holiday. For those
employees that work the holiday, the employee will receive holiday pay
for that workday in addition to his or her pay for actual hours worked. If a
holiday falls on an employee's scheduled day off, the employee shall
receive the holiday on the next scheduled business day. Holiday pay
shall be provided in an amount equal to the regular shift of the employee.
(E.g., an employee who would have otherwise worked 12.5 hours during
that holiday shall receive 12.5 hours of holiday pay).
The dates upon which these holidays shall be observed are listed below:
Holiday Schedule Month FY 2018/2019 FY 2019/2020
Independence Day
July 4th July 4 6*
Labor Day
1st Monday in September Sept 3* 2*
Columbus Day
2nd Monday in October Oct 8* 14*
Veteran’s Day
November 11th Nov 12* 11*
Thanksgiving Day
4th Thursday in November Nov 22 28
Christmas Day
December 25th Dec 25 25
New Year’s Day
January 1st Jan 1 1
Martin Luther King Day
3rd Monday in January Jan 21* 20*
President’s Day
3rd Monday in February Feb 18* 17*
Memorial Day
Last Monday in May May 27* 25*
* = Monday
Employees are not required to take off the scheduled holiday.
17.2.2 Jury Duty
The City will allow employees off work with pay for any shift where the
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shift or any portion of the shift is on the same date as attended jury duty.
If an employee has jury duty, he or she shall not be required to report to
work eight (8) hours preceding or following jury duty. The employee shall
be paid for these eight (8) hours as if he or she had been at work. An
employee on jury duty does not have to report to work if jury duty starts
within 2.5 hours of shift start time or ends within 2.5 of shift end time. The
employee shall be paid for such time as if he or she had been at work for
these hours.
17.2.3 Floating Holidays
The City and the Association agree to two floating holidays of ten (10)
hours each. All floating holidays shall be requested in advance from the
appropriate department head or division chief. Enough employees shall
remain at work during floating holidays so that the City's business may be
conducted. Floating holidays shall accrue on July 1 and must be taken by
the following June 30, or the hours will be forfeited.
17.3 Industrial Leave
A regular employee who is temporarily or permanently incapacitated as a result of injury
or illness determined to be compensable under the Workers' Compensation Act shall be
granted Industrial Leave under the following terms and conditions:
17.3.1 An employee granted Industrial Leave shall continue to be
compensated at his regular rate of pay in lieu of temporary disability
payments.
17.3.2 Should it be determined that an employee's illness or injury did not
arise in the course of the employee's employment with the City or that the
employee is not temporarily or permanently incapacitated or disabled as
a result of the injury or illness, then the employee's accrued or, if
insufficient, future Sick Leave shall be charged to reimburse the City for
any payments made to the employee pursuant to 17.3.1 above.
17.3.3 An Industrial Leave of up to ninety (90) calendar days shall be
authorized for each injury or illness determined to be compensable under
the Workers' Compensation Act. Paid leave may be continued subject to
review by the City Council at the end of such ninety (90) calendar day
period to a maximum of nine (9) months. Supporting medical
documentation must accompany such requests for leave and be
submitted thirty (30) days prior to expiration date.
17.3.4 After 90 calendar days Employees who are disabled because of a
work related illness or injury receive Industrial Leave pay in lieu of Total
Temporary Disability payments and may supplement these payments
with sick leave, vacation leave or compensatory time off they have
earned. If deemed temporarily totally disabled or permanently disabled
and unable to return to work, employees may apply for Long Term
Disability.
17.3.5 Prior to the end of the nine (9) months of paid leave pursuant to
this section, the employee may apply for benefits under the City's long-
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term disability plan. If the employee is qualified to receive benefits under
the disability plan, Vacation and Sick Leave shall accrue, and the City
shall continue to pay benefits under the City's Flexible Benefit Plan and
CalPERS so far as required by law for such employee for an additional
three (3) month period. An employee receiving long-term disability may
be eligible to return to work on or before three (3) months from the time
employee began receiving long-term disability benefits. The employee
shall notify the department head as soon as practicable as to whether he
or she will be returning to work prior to the expiration of the three-month
period in which the employee has been on long term disability.
17.3.6 Except as provided in 17.3.2, no employee shall have accrued
sick leave deducted while on industrial leave.
Vacation and Sick Leave shall accrue for an employee on Industrial
Leave.
17.3.7 Industrial Leave shall expire when one of the following conditions
occurs:
17.3.7.1 Employee is able to return to work to his regular
position.
17.3.7.2 The day before the employee is retired or separated
for disability. The employee's "retirement date" shall be the first of
the month after all of the following occur and are determined by
the Public Employees' Retirement System:
17.3.7.3 The employee's condition is determined to be
permanent or of an extended duration.
17.3.7.4 The degree of disability precludes continued
employment by the employee in his/her present position.
17.3.7.5 After thirty-nine (39) weeks of industrial disability
payments.
17.3.8 Physicians may be assigned in compliance with the Health and
Safety Code and the Workers' Compensation Laws of the State of
California (Ref.: Section 4600 - Labor Code.)
17.4 Sick Leave
Sick Leave shall not be construed as a right, which an employee may use at his or her
discretion, but shall be allowed only in case of necessity or actual sickness or disability.
Sick Leave must be exhausted before Compensatory Time off or Vacation Leave may
be used for sick leave reasons.
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.
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The Finance Department will analyze and report to the employees the amount of Sick
Leave earned, less the amount used, and the net accrued during the calendar year.
17.4.1 Reasons for Use of Sick
Sick leave shall be granted for the following reasons:
17.4.1.1 Personal illness or physical incapacity.
17.4.1.2 The illness of a member of the employee's
immediate family (father, mother, sister or brother), or members of
the employee's household (husband, wife, and children) that
require the employees' personal care and attention.
17.4.1.3 Enforced quarantine of the employee in accordance
with Health Department regulations.
17.4.1.4 Medical, dental, and optical appointments.
17.4.1.5 Personal Business not to exceed a maximum of
thirty (30) hours during any one (1) calendar year. Personal
Business means those items of personal business that can only
be taken care of during regular working hours of the employee.
Employees must provide advance notice for Personal Business
Leave whenever possible. Personal Business Leave shall be
approved or disapproved by the department head in accordance
with this section.
Departments are to use the earning code PB for this purpose. Personal
Business shall be debited against the employee's Sick Leave balance but
Sick Leave taken as Personal Business Leave shall not be taken into
consideration for the purposes of the Sick Leave Cash-In program or with
regard to employee performance evaluations.
17.4.2 Restrictions on Sick Leave
17.4.2.1 Disability arising from any sickness or injury
purposely self-inflicted.
17.4.2.2 Sickness or disability sustained while on leave of
absence, other than regular Vacation Leave.
17.4.2.3 Disability or illness arising from compensated
employment other than with the City.
17.4.2.4 Sick leave use under Section 17.4.1.2 shall be
limited to twelve days per year; except that up to twelve weeks per
year (running concurrently with family medical leave) may be
approved by the department head when treatment of a relative
covered under Section 17.4.1.2 has an illness, injury, or condition,
which may be expected to be of long duration, has no reasonably
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date of termination and requires continuous or intermittent care by
the employee.
17.4.3 Accrual and Use
Sick leave with pay shall accrue to employees at the rate of ten hours per
month for each calendar month of paid employment, with unlimited
accumulation. Sick leave shall not be taken in units of less than one-half
hour.
New unit members, hired on or after January 1, 2016, will not be entitled
to any pay out of sick leave; sick leave accruals will simply stop after
accrual of 960 hours. No more than 960 hours of sick leave may be
accrued. Balances accrued but unused at the time of an employee's
retirement may be converted for PERS service credit pursuant to PERS
guidelines.
17.4.4 Sick Leave During Vacation
If an employee becomes ill or injured while on vacation, he or she may,
by completing a Leave Request Form, use accrued sick leave time in lieu
of vacation time for the period of disability.
17.4.5 One-Fourth Conversion
If the employee has used more than three, but not more than six days of
sick leave, not including time spent on personal business or
bereavement, he or she would have the following options:
17.4.5.1 Carry over the accrual and add it to his or her sick
leave balance.
17.4.5.2 Convert, only to the extent that his/her balance is
more than zero at the beginning of the new year, one-fourth of the
accrual to vacation or convert one-fourth to cash (but no
combination of these two); unused, unconverted leave would then
be added to the employee's sick leave balance.
17.4.6 One-Third Conversion
If the employee has used no more than three days of sick leave, not
including time spent on personal business or bereavement, he or she
would have the following options:
17.4.6.1 Carry over the accrual and add it to his or her sick
leave balance.
17.4.6.2 Convert, only to the extent that his/her balance is
more than zero at the beginning of the new year, one-third of the
accrual to vacation or convert one-third of it to cash (but no
combination of these two); unused or unconverted leave would
then be added to the employee's sick leave balance.
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17.4.7 Conversion to Cash upon Retirement or Separation
The employee may convert fifty percent (50%) of his or her accrued Sick
Leave balance to cash upon death (provided he or she has attained
permanent status); disability retirement (provided he or she has been
employed by the City a minimum of five (5) years); or voluntary retirement
(provided he or she has been employed by the City a minimum of ten
(10) years.
Upon separation for other reasons, the employee may convert fifty
percent (50%) of his or her accrued Sick Leave balance to cash for hours
in excess of three hundred twenty (320) hours to a maximum payment of
two hundred forty (240) hours.
17.4.8 Conversion to Service Credit Upon Retirement
Pursuant to the terms of the City's contract, as amended, with the Public
Employees' Retirement System, upon voluntary retirement, the employee
may convert 100% of his or her accrued Sick Leave balance, less any
amount converted to cash under the provisions of Section 17.4.7., to
retirement service credit.
17.4.9 Conversion Deadline
A decision to convert Sick Leave according to the policies stated shall be
made by March 31.
17.5 Vacation Leave
17.5.1 Required Usage and Carryover
An employee shall be required to use one half(½) of his/her 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. New unit members, hired on or after February 1, 2016,
will accrue up to a maximum of three hundred (300) hours. Vacation
accrual in excess of the aforementioned maximum shall be paid off in
four equal annual payments during the term of this MOU; and future
accrual, which exceeds the aforementioned maximum, shall be paid to
the employee as it is accrued. In special cases where it has not been
possible, due to work load and other factors, for the employee to use
his/her vacation before reaching the maximum, it shall be within the
department head's authority to authorize cash payment in lieu of time off.
17.5.2 Cash-In Policy
All employees shall be allowed to cash in one-half (½) of the annual
vacation accrual per year in lieu of carrying it over.
17.5.3 Accrual Vacation leave shall accrue as follows:
Through the 4th year of employment 90 hours per year
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Through the 5th year of employment 120 hours per year
Through the 6th year of employment 128 hours per year
Through the 7th year of employment 136 hours per year
Through the 8th year of employment 144 hours per year
Through the 9th year of employment 152 hours per year
Through the 10th year of employment 160 hours per year
Through the 11th year of employment 168 hours per year
Through the 12th year of employment 176 hours per year
Through the 13th year of employment 184 hours per year
Through the 14th year of employment 192 hours per year
Through the 15th year of employment 200 hours per year
Through the 16th year of employment 210 hours per year
18. LICENSE RENEWAL
The City agrees to pay the cost of maintaining certifications and licenses that are within the
minimum requirements for the licensee's job.
19. LIFE INSURANCE
The City shall provide term life insurance equal to twelve months of salary or $30,000,
whichever is greater, excluding overtime, standby, callback and other forms of supplemental
compensation, for each employee.
20. LONG TERM DISABILITY INSURANCE
20.1 The City shall maintain in effect for the term of this agreement a long-term
disability plan covering employees set forth herein. Said plan shall provide an
employee with a maximum of two-thirds (2/3) of his/her base salary. An
employee may utilize his/her accrued sick leave, vacation, and/or
compensatory time to supplement the LTD payment so as to receive 100% of
his/her base salary. The LTD plan includes the following:
20.1.1 Provides 66.67% of the employee's monthly salary;
20.1.2 Commences after a 30 calendar day waiting period and provides a
benefit to age 65;
20.1.3 For the first 30 days of non-job related illness or injury, the
employee will use accrued Sick Leave, Compensatory Time or
Vacation Leave;
20.1.4 The employee will be allowed to use accrued Sick Leave in
conjunction with the long term disability plan to provide for a full
pay check;
20.1.5 At no time will an employee receive more than 100% of their base
pay;
20.1.6 The premium will be added to the employee's gross pay and
deducted from the net pay so as to make the benefits exempt
from further taxation.
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21. RETIREMENT
The City shall continue its contract with the California Public Employees' Retirement System
(CalPERS), and for the 2% @ 55 Full Formula plan. The City shall also maintain the increased
level of the 1959 Survivor Benefit of Level 4.
In accordance with the California Public Employees' Pension Reform Act of 2013 (PEPRA),
effective February 1, 2016, all unit members other than "New Members" as defined by PEPRA
and/or California Government Code section 7522.04(f) shall individually pay an additional 2%,
on top of the current 5% paid, resulting in a total of 7%, 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 termination, 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(1) 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 Government
Code section 7522.04(1), 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.
"New Members" are new hires who are brought into CalPERS for the first time on or after
January 1, 2013, and who have no prior membership in any California public retirement
system; a new hire who is brought into CalPERS membership for the first time on or after
January 1, 2013, and who is not eligible for reciprocity with another California public retirement
system; or a member who first established CalPERS membership prior to January 1, 2013,
and who is rehired by a different CalPERS employer after a break in service of greater than six
months are also considered "New Members."
21.1 CalPERS Optional Benefits
21.1.1 The City's contract with the CalPERS includes the additional
benefit of Service Credit for Unused Sick Leave.
21.1.2 The optional benefit of Two Year Additional Service Credit shall
be discretionary with the Council in accordance with Government
Code Section 20903.
21.1.3 The City's contract with CalPERS shall include the Employer-Paid
Member Contribution in base pay during the final compensation
period.
21.2 Health Insurance during Retirement
21.2.1 For employees hired prior to the ratification of this MOU:
Beginning with the first month after retirement, for Association
employees who had at least twenty (20) cumulative years of
service with the City of Azusa, and who enroll or continue in the
City's health insurance program, the City will reimburse monthly
the amount of one-half (½) of the premiums for such health
insurance, regardless of how many family members are enrolled.
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In the event that the employee is single or widowed, and has no
dependents, the City's contribution shall be equal to 100% of
such premium. In the event that the employee passes away and
is survived by an eligible spouse, the benefit shall continue. But, if
the employee passes away and has no surviving spouse the
benefit shall not carryover to the surviving dependents. This plan
shall remain in effect until the retiree, or eligible spouse, passes
away, whichever occurs later. Otherwise the benefit shall
terminate. Once an individual has qualified for this provision, he
or she shall retain this eligibility. The minimum contribution (as
determined by CalPERS) that the City pays directly to CalPERS
shall be considered to be part of the portion paid by the City.
21.2.2 For employees hired on or after the ratification of this MOU:
For Employees hired on and after ratification of the agreement,
the City shall establish a Health Reimbursement Arrangement
Account (HRA) for the employee at the time of hire for the
reimbursement of medical premiums and IRS approved medical
expenses in retirement.
Upon employment, or as soon as possible thereafter, the City shall
deposit an initial contribution of $2,000 into a HRA selected by the
City. The City shall additionally deposit the following amounts in the
second pay period in July of each year (with year 1 deposit being
prorated in accordance with the anniversary date of the employee
appointment):
Years of Continuous Service City Contribution
1-5 Years of Continuous Service $1,000 annually
6-10 Years of Continuous Service $2,000 annually
11+ Years of Continuous Service* $3,000 annually
*Years 11 until separation or retirement/disability
Employee shall be employed for 5 consecutive years to be 100%
vested. Any employees who are not 100% vested under the vesting
schedule at the time of separation shall forfeit their unvested funds.
In the event of the death of the employee, the employee’s spouse
and/or qualifying dependents, any vested funds remaining in the
account shall be forfeited. For example, if the employee has a
surviving spouse and/or qualifying dependent(s) (according to IRS
definition), any remaining vested funds will be eligible for use by: 1)
the spouse until death and/or 2) the qualifying dependent(s) until
death or until no longer considered qualifying dependent(s) according
to IRS definition. In the event the employee opts out of participation
in the Plan, all vested and unvested funds shall be forfeited.
22.TUITION REIMBURSEMENT
The City's Tuition Reimbursement Administrative Policy, as of February 1, 2016, is
incorporated herein and applied to unit members for tuition reimbursement. Educational
programs that are not accredited by the Western Association of Schools and Colleges may be
approved in advance by the Chief of Police at his/her discretion.
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23.FLEXIBLE STAFFING POSITIONS
The following classifications shall be incorporated into a "Flexible Staffing" pattern:
Police Records Specialist I, II & Ill
The "I" classification is an apprentice classification. Employees in this classification shall be
promoted (on probationary status) to the "II" classification upon successful completion of one
(1)year of service at the fifth (5th) salary step. Employees in the "II" classifications shall be
promoted (on probationary status) to the "Ill" classifications upon successful completion of one
(1)year of service at the fifth (5th) salary step and when, in the opinion of the Department
Head, the employee has retained the practical knowledge of the performance of all facets of
the duties required of the "Ill" classification. In the event that the employee is not promoted as
described above, he or she shall be presented in writing the reason(s) for the denial of the
promotion, and a list of the area(s) of which the employee has insufficient knowledge to
achieve the promotion. Nothing in this article shall preclude management from promoting a
qualified employee to a higher step/classification in their flex series.
24.JOB SHARING
24.1 Job Sharing Definition: Bifurcation of the job duties (essential functions) of a
full-time classification into two equal ½-time jobs that total full-time work,
generally 40 hours per week, 52 weeks per year.
24.2 Benefits: A Job Sharing Employee shall receive, as applicable, benefits on the
basis of one-half the rate accorded to comparable full-time employees. No
other method of pro-ration shall apply. For benefits that have a time or service
requirement to qualify to receive them, a year shall be defined as successful
completion of 2080 hours of service. Under Job Sharing, this will generally be
104 weeks at 20 hours per week.
24.3 Job Sharing Employee: One of a pair of employees, each of whom job shares
by performing one-half of the essential functions of a full-time classification and
who works ½ of the hours of the full-time class, generally 20 hours per week,
52 weeks per year.
24.4 Layoff. In case of layoff under Rule 13.2.2, of the Rules of the Civil Service
System, Job Sharing Employees would be considered for layoff after
permanent part-time but before permanent full- time employees.
24.5 If one of the counterparts of a shared job leaves his or her position, the City
shall offer to the remaining counterpart the opportunity to attain full-time status
as a probationer. If declined, the City shall recruit for another counterpart. One
counterpart shall not be laid off solely due to the departure of the other.
24.6 Resumption of Full-Time Status. If a Job Sharing Employee wishes to resume
full-time work with the City, he or she shall seek reassignment or transfer to a
full-time position. Should the employee's department be unable to effect such
reassignment, the employee shall seek a transfer as prescribed under the Civil
Service Rules.
24.7 Involuntary Conversion to or from Job Sharing Status. Neither Management nor
Employees shall convert full-time positions to job-sharing positions, or the
converse, without first consulting with the other party. If both parties are in
DRAFT
23
agreement, as well as the affected employees, the decision shall be
memorialized via Personnel Action Request forms.
24.8 Salary Anniversary Date. If an employee's appointment to a Job Sharing
position is either as a new hire or by promotion, the salary anniversary date
shall be defined as that date which occurs upon successful completion of 2080
hours of service, generally 104 weeks at 20 hours per week. Such employees
may be considered for a merit increase after successful completion of 1040
hours of service, generally 52 weeks at 20 hours per week. Subsequent salary
anniversary dates shall be defined as those dates, which occur upon
completion of 2080 hours of service, generally 104 weeks at 20 hours per
week. If an employee's appointment to a Job Sharing position is not a new hire
or promotion, the salary anniversary date shall be based on his or her prior
service, in accordance with the Civil Service Rules.
25.LAYOFF
The City agrees that in the event employees represented by the Association are laid off from
their employment, a minimum of forty-five (45) calendar day's notice will be given to each
individual affected employee. Such notice shall be in writing and signed by an appropriate
management employee.
26.REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT
The parties shall re-open negotiations if: (1) the City performs and completes a compensation
and class survey dealing with bargaining unit positions; (2) the City management medical
coverage is subject to the so-called Cadillac Tax pursuant to the Affordable Care Act (ACA); (3)
the City establishes an excess vacation annuity fund; or (4) the City establishes a Special Pay
Program. 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.
DRAFT
24
MEMORANDUM OF UNDERSTANDING
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
AUGUST 1, 2018 THROUGH JULY 31, 2020
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
Kelli J. McMath, President Date
Jennifer Wu, Vice-President Date
Joanne Gasca, Secretary Date
CITY OF AZUSA
Sergio Gonzalez, City Manager Date
Talika M. Johnson, Director of Finance Date
ATTEST:
Jeffrey Lawrence Cornejo, Jr., City Clerk
APPROVED AS TO FORM AND CONTENT:
Marco Martinez, Best Best & Krieger
DRAFT
CAPP "EXHIBIT A"
CITY OF AZUSA
CAPP SALARY SCHEDULE
Page 1 of 1
EFFECTIVE 08/25/2019-07/31/2020
CLASSIFICATION RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
COMMUNITY SERVICE OFFICER 9164 4,048.76$ 4,251.20$ 4,463.76$ 4,686.95$ 4,921.29$
COMMUNITY SERVICE OFFICER - FIELD 9170 4,251.20$ 4,463.76$ 4,686.95$ 4,921.30$ 5,167.36$
POLICE DISPATCHER 9166 4,226.96$ 4,438.31$ 4,660.22$ 4,893.23$ 5,137.90$
POLICE RECORDS SPECIALIST I 9140 3,228.02$ 3,389.42$ 3,558.89$ 3,736.84$ 3,923.68$
POLICE RECORDS SPECIALIST II 9150 3,546.33$ 3,723.65$ 3,909.83$ 4,105.32$ 4,310.59$
POLICE RECORDS SPECIALIST III 9160 3,870.20$ 4,063.71$ 4,266.90$ 4,480.24$ 4,704.25$
POLICE RECORDS SUPERVISOR 9165 4,835.28$ 5,077.04$ 5,330.90$ 5,597.44$ 5,877.31$
DRAFT
Dl
D2
D3
D4
Nl
N2
N3
N4
NS 2000-
06004/10
no PB
OT Vacant
Shift 630-
2000
Vacant
Weekl&
Week2
9 person
Sun
X
X
X
X
X
X
X
Day Shifts 0600-1830
Night Shifts 0600-1830
Mon
X
X
X
X
X
X
X
NS is a 4/10 shift 2000-0600
Tues Wed
PB 0830-
1330//1330-
1830
Week3
PB
X X
X X
PB 1830-
2330 //2330·
0430
Week3
PB
X X
X X
X
0630-X 2000?
0630-X 0830?
OT 13.5 hrs vacant every Weds./ Post 0630-2000 hrs
Thur
X
X
X
X
X
0430-
0600?
Fri
X
X
X
X
X
X
Week 1 / Week 2
9 person Schedule
Sat Sun Mon
X
X
X X
X X
X
X
X X
X X
X X
X X X
X X X
Tues
X
X
X
X
X
X
X
Wed Thur Fri
X X X
X X X
PB 0830-
1330//1330-
1830
Week4
PB
X X X
X X X
PB 1830 •
2330 //2330-
0430
Week4
PB
0630-
2000"/ X X
0630-0430-X 0830? 0600?
OT 3.5 hrs vacant every week/ Weds & Thurs. Mornings Post/Payback Dispatcher has OT priority
Sat
X
X
X
X
X
X
CAPP "EXHIBIT B"
DRAFT
Dl
D2
D3
D4
Nl
N2
N3
N4
NS 2000-
0600 4/10
no PB
OT Vacant
Shift 0630-
2000
Vacant
Week3 &
Week4
9 PERSON
Sun
X
X
X
X
X
X
X
Day Shifts 0600-1830
Night Shifts 0600-1830
Mon
X
X
X
X
X
X
X
NS is a 4/10 shift 2000-0600
Tues Wed
Week 1
PB
PB 0830-
1330 ff 1330
1830
X X
X X
Week 1
PB
PB 1830-
2330 fl 2330
0430
X X
X X
X
630-2000 X ?
X 0630-
0830?
OT 13.5 hrs vacant every Weds./ Post 0630-2000 hrs
Thur
X
X
X
X
X
0430-
0600?
Week 3 Week 4
9 person Schedule
Fri Sat Sun Mon Tues Wed Thur Fri Sat
X X X X X X
X X X X X X
X X X Week 2
PB
PB 0830-
X X X 1330 ff 1330
1830
X X X X X X
X X X
X X X Week2
PB
PB 1830·
X X X 2330// 2330
0430
X X X
X X X X X 630-2000 X -;, X X I
X X X X X 0630-0430-X X 0830? 0600?
OT 3.5 hrs vacant every week/ Weds & Thurs. Mornings Post/Payback Dispatcher has OT priority
CAPP "EXHIBIT B"
DRAFT
01
02
03
04
05
Nl
N2
N3
N4
NS 2000-
06004/10
no PB
Vacant
Weekl&
WeekZ
10
person
Sun
X
X
X
X
X
X
X
Day Shifts 0600--1830
Night Shifts 0600-1830
Mon
X
X
X
X
X
X
NS is a 4/10 shift 2000-0600
05 is a 13 hr 20 min. shift 0630--2000
Tues Wed Thur
PB
0830-X 1330//1330-
1830
Week3 X PB
X X
X X
X
PB
1830-X 2330//2330-
0�30
Week3 X PB
X X
X X
X
0630-0430-X 0830? 0600?
Fri Sat
X X
X X
X X
X X
X X
X X
Week 1 / Week 2
10 person Schedule
Sun Mon Tues
X X X
X X X
X
X X X
X X X
X X X
X X X
Wed Thur Fri Sat
X X X X
X X X X
PB
0830-
1330//1330-
1830
Week4
PB
X X X
X X X X
X X X X
PB
1830-
2330//2330·
0430
Week4
PB
0630--0430-
0830? 0600? X X
OT 3.S hrs vacant every week/ Weds & Thurs. Mornings Post/Payback Dispatcher has OT priori�
CAPP "EXHIBIT B"
DRAFT
D1
D2
D3
D4
D5
3/13.20
no PB
Nl
N2
N3
N4
N52000-
06004/10
no PB
Vacant
Week3&
Week4
10
person
Sun
X
X
X
X
X
X
X
Day Shifts 0600-1830
Night Shifts t 1800-0630
Mon
X
X
X
X
X
X
NS is a 4/10 shift 2000-0600
D5 is a 13 hr 20 min. shift 0630-2000
Tues Wed Thur
Week 1 X PB
PB 0830-
1330 //1330 X
1830
X X
X X
X
Weekl X PB
PB 1830-
2330// 2330 X
0430
X X
X X
X
0630-0430-X 0830? 0600?
Fri Sat
X X
X X
X X
X X
X X
X X
Week 3 / Week 4
10 person Schedule
Sun Mon
X X
X X
X
X X
X X
X X
X X
Tues
X
X
X
X
X
X
Wed Thur Fri Sat
X X X X
X X X X
Week2
PB
P80830-
1330 //1330
1830
X X X
X X X X
X X X X
Week2
PB
PB 1830-
2330// 2330
0430
0630-0430-
0830? 0600? X X
OT 3.5 hrs vacant every week/ Weds & Thurs. Mornings Post/Payback Dispatcher has OT priority
CAPP "EXHIBIT B"
DRAFT
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2018 THROUGH JULY 31, 2020
30
INDEX
Additional Compensation/ Premium Pay, 7
Automatic Payroll Deposit, 7
Bereavement Leave, 12
Bilingual Pay, 7
City Rights, 2
Conformance with Rules, 4
Meet and Confer, 4
Compensatory Time, 8
Court Time, 8
Damage to Personal Effects, 10
Deferred Compensation, 8
Employee Assistance Plan, 10
Flexible Benefit Plan, 10
Flexible Staffing Positions, 22
Floating Holidays, 14
Holidays, 13
Home Exercise Equipment Loan Program,
10 Implementation, 1
Industrial Leave, 14
Job Sharing, 22
Leave types, 12
Leave Types
Bereavement Leave, 12
Holidays, 13
Industrial Leave, 14
Sick Leave, 15
Vacation Leave, 18
License Renewal, 19
Life Insurance, 19
Long Term Disability Insurance, 19
Longevity Pay, 8
Maintenance of Existing Benefits, 1
Non-discrimination, 1
Anti-Discrimination, 2
Protection of Rights, 1
Overtime Meal Policy, 9
Overtime/Compensatory Time, 8
Reopener, 2
Retirement, 20
Health Insurance During Retirement, 20
Optional Benefits, 20
Salary, 6
Savings Clause, 2
Shift Differential, 9
Sick Leave, 15
Accrual and Use, 17
Conversion Deadline, 18
Conversion to Cash upon Retirement or Separation, 18
Conversion to Service Credit Upon Retirement, 18
One-Fourth Conversion, 17
One-Third Conversion, 17
Reasons for Use of Sick Leave, 16
Restrictions on Sick Leave, 16
Sick Leave During Vacation, 17
Term, 1
DRAFT
MEMORANDUM OF UNDERSTANDING, CAPP, AUGUST 1, 2018 THROUGH JULY 31, 2020
31
Total Compensation, 2
Training Pay, 10
Tuition Reimbursement, 22
Uniform Allowance, 10
Vacation Leave, 18
Accrual, 18
Cash-in Policy, 18
Required Usage and Carryover, 18
Workweek and Timekeeping Interval, 4
Timekeeping Interval, 6
Workday, 6
Workweek, 4