HomeMy WebLinkAboutE-8 Staff Report - Restated MOU for CAPP CONSENT ITEM
E-8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: NOVEMBER 2, 2020
SUBJECT: APPROVAL OF AMENDED AND RESTATED MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE CIVILIAN
ASSOCIATION OF POLICE PERSONNEL (CAPP)
BACKGROUND:
The City’s Negotiation Team consisting of Talika Johnson, Director of Administrative Services, and
Sergio Gonzalez, City Manager has been in Negotiations with the Civilian Association of Police
Personnel (CAPP). The City’s Memorandum of Understanding (MOU) with CAPP expired on July 31,
2020. Both parties have reached an agreement on an amended MOU. The proposed MOU provides for a
cost of living adjustment and makes other substantive changes to the terms and conditions of
employment with the CAPP. This action approves a restated and amended MOU with the CAPP with a
contract term through July 31, 2024.
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 MOU between the City of Azusa and CAPP expired on July 31, 2020. Negotiations with CAPP
commenced in May 2020. Sessions consisted of several discussions of the City’s current financial
position, future projections, and caution due to growing concern related to the Coronavirus (COVID-19)
Pandemic and potential impacts to the City’s revenues during the pandemic. Additionally, significant
discussion during negotiations involved dispatch functions. Market comparisons show Azusa Dispatcher
base salary pay is below comparative cities and shows Azusa handles significantly higher service calls
than comparative cities. Also discussed was the attraction and retention of qualified civilian police
personnel.
APPROVED
CITY COUNCIL
11/02/2020
CAPP MOU August 1, 2020 – July 31, 2024
November 2, 2020
Page 2
The City’s current reserve position is strong, and although some level of expectation of reduced
revenues exists over the next couple of years while recovering from the pandemic, the City has taken
many positive steps to create operational efficiencies and reduce costs, and to increase its revenue base
by renegotiating contracts and passing special revenue measures. Considering all of the aforementioned,
Staff recommends the Council consider the amended and restated MOU as proposed.
Amongst several mutually agreed upon concessions, the provisions of the proposed MOU include the
following compensation and benefit adjustments:
1. Contract Term: August 1, 2020 through July 31, 2024
2. Cost of Living Adjustment: Fiscal Year 2020-2021: $500 single lump sum
Fiscal Year 2021-2022: 4%
Fiscal Year 2022-2023: 3%
Fiscal Year 2023-2024: 3%
3. Salary Adjustment: 8% total base salary adjustment for Police Dispatchers:
Fiscal Year 2020-2021: 4%
Fiscal Year 2021-2022: 4%
4. Deferred Compensation: Increase City’s contribution from $45 to $100 per month
5. Longevity Premium: Increase Longevity Pay as follows:
7 years – continue $80
10 years – continue $100
15 years – $175 to $200
20 years – $250 to $300
Add a “lateral hire” component for police civilian service
with a City of Azusa 5-year vesting period
6. Shift Differential: Increase the shift differential:
Swing Shift – from $0.52 to$0.60
Early Morning Shift – from $1.04 to $1.12
7. Uniform Allowance: Increase Uniform Allowance for all members:
Community Services Officer – Admin – from $860 to $900
Community Services Officer – Field – from $860 to $900
All Other Members – from $760 to $800
8. Flexible Benefit Plan: Increase to max cap for FBP for all members:
Effective upon ratification of MOU to $1,500/month
Effective January 1, 2021, employees whose premiums
exceed their FBP contribution amount can elect to redirect
CAPP MOU August 1, 2020 – July 31, 2024
November 2, 2020
Page 3
of City paid deferred comp during open enrollment period
and place what would otherwise be contributed to deferred
comp to FBP contribution
Other substantive language revisions to the MOU, include, but not limited to: reopener provisions if new
information is presented due to Assembly Bill 1945 that affects pension of dispatchers and deleting
outdated computer and exercise equipment language. The attached MOU is in draft format pending non-
substantive language cleanup throughout MOU to make certain clarifications for operational purposes
and consistencies with other MOUs.
FISCAL IMPACT:
The cost of the aforementioned CAPP benefit adjustments impacting 21 employees is estimated at
$332,035 for the four-year term of this contract, of which 100% is allocated to the General Fund. Of the
total estimated contract cost of $332,035, a portion of that total is cost, $10,500, is for a one-time only
payment. The first year cost has already been included in the Fiscal Year 2020/21 Adopted Budget, and
subsequent year’s costs will be programmed in the annual budgets as applicable.
Prepared by: Reviewed and Approved:
Talika M. Johnson Sergio Gonzalez
Director of Administrative Services City Manager
Attachment:
1) Amended and Restated Memorandum of Understanding between the City of Azusa and the
Civilian Association of Police Personnel
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND
THE CIVILIAN ASSOCIATION OF
POLICE PERSONNEL
DRAFT
Attachment 1
TABLE OF CONTENTS
ii
EFFECTIVE AUGUST 1, 2020 THROUGH JULY 31, 2024
1. TERM OF MEMORANDUM OF UNDERSTANDING ............................................................. 1
2. IMPLEMENTATION .............................................................................................................. 1
3. MAINTENANCE OF EXISTING BENEFITS .......................................................................... 2
4. NON-DISCRIMINATION ....................................................................................................... 2
4.1 Protection of Rights ................................................................................................... 2
4.2 Anti-Discrimination ..................................................................................................... 2
5. REOPENER .......................................................................................................................... 2
6. SAVINGS CLAUSE ............................................................................................................... 2
7. SEPARABILITY ..................................................................................................................... 2
8. TOTAL COMPENSATION ..................................................................................................... 3
9. CITY RIGHTS ....................................................................................................................... 3
9.1 Management Rights ................................................................................................... 3
9.2 Conformance with Rules ............................................................................................ 4
9.3 Meet and Confer ........................................................................................................ 4
10. WORKWEEK AND TIMEKEEPING INTERVAL ..................................................................... 5
10.1 Workweek .................................................................................................................. 5
10.2 Workday .................................................................................................................... 7
10.3 Timekeeping Interval ................................................................................................. 7
11. SALARY ................................................................................................................................ 8
11.1 Current Salaries ......................................................................................................... 8
11.2 Single Lump Sum Payment ....................................................................................... 8
11.3 Automatic Payroll Deposit .......................................................................................... 8
12. ADDITIONAL COMPENSATION/ PREMIUM PAY ................................................................ 8
12.1 Bilingual Pay .............................................................................................................. 8
12.2 Callback Pay .............................................................................................................. 9
12.3 Court Time ................................................................................................................ 9
12.4 Deferred Compensation (Employer Paid) ................................................................ 10
12.5 Longevity Pay .......................................................................................................... 10
12.6 Overtime/Compensatory Time ................................................................................. 11
12.7 Shift Differential ...................................................................................................... 12
TABLE OF CONTENTS
iii
12.8 Training Pay ........................................................................................................... 13
12.9 Uniform Allowance ................................................................................................. 13
13. COMPUTER AND HOME EXERCISE EQUIPMENT LOAN PROGRAM ............................. 13
14. DAMAGE TO PERSONAL EFFECTS ................................................................................. 13
15. EMPLOYEE ASSISTANCE PLAN ....................................................................................... 13
16. FLEXIBLE BENEFIT PLAN ................................................................................................. 13
16.1 Definition ................................................................................................................. 13
16.2 Amount of Monthly Benefit ....................................................................................... 14
16.3 Opt out or Opt for Less Coverage ............................................................................ 15
16.4 Eligibility .................................................................................................................. 15
16.5 Termination.............................................................................................................. 15
17. LEAVE TYPES .................................................................................................................... 16
17.1 Bereavement Leave ................................................................................................. 16
17.2 Holidays ................................................................................................................... 16
17.3 Industrial Leave ....................................................................................................... 18
17.4 Sick Leave ............................................................................................................... 20
17.5 Vacation Leave ........................................................................................................ 24
18. LICENSE RENEWAL .......................................................................................................... 25
19. LIFE INSURANCE .............................................................................................................. 25
20. LONG TERM DISABILITY INSURANCE ............................................................................. 25
21. RETIREMENT ..................................................................................................................... 25
21.1 CalPERS Optional Benefits ..................................................................................... 26
21.2 Health Insurance During Retirement ........................................................................ 26
22. TUITION REIMBURSEMENT .............................................................................................. 28
23. FLEXIBLE STAFFING POSITIONS ..................................................................................... 28
24. JOB SHARING .................................................................................................................... 28
25. LAY OFF ............................................................................................................................. 30
26. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT .................................... 30
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CITY OF AZUSA
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
MEMORANDUM OF UNDERSTANDING
AUGUST 1, 2020 THROUGH JULY 31, 2024
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; and
(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; and
(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, 2020 and shall continue in full force and effect until July 31, 2024.
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.
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3. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and economic terms and conditions
of employment presently enjoyed by employees shall remain in full force and effect
during the entire term of this document unless mutually agreed to the contrary by
both parties hereto.
4. NON-DISCRIMINATION
4.1 Protection of Rights
The City and the Association shall recognize and protect the rights of all
employees hereby to join and/or participate in protected Association
activities or to refrain from joining or participating in protected activities in
accordance with Government Code Section 3500, et 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.
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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.
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.
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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 Memorandum of
Understanding and applicable Resolutions and Codes of the
City.
9.1.15 To determine policies, procedures and standards for
selection, training and promotion of employees.
9.1.16 To establish employee performance standards including, but
not limited to, quality and quantity standards and to require
compliance therewith.
9.1.17 To maintain order and efficiency in its facilities and operation.
9.1.18 To establish and promulgate and/or modify rules and
regulations to maintain order and safety in the City which are
not in contravention with this Agreement.
9.1.19 To take any and all necessary action to carry out the mission
of the City in emergencies.
9.2 Conformance with Rules
The City shall have the right to exercise the rights provided in sections 9.1.1
through 9.1.19 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
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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 Supplemental Shift which will occur every other pay
period.
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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".
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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 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.
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11. SALARY
Effective August 1, 2020 all unit members covered by this MOU active on payroll
on pay date November 19, 2020, will receive a $500.00 one-time stipend. This
one-time lump sum stipend will cover July 1, 2020 through June 30, 2021 of this
contract.
11.1 COST OF LIVING ADJUSTMENT (COLA)
11.1.1 Effective August 1, 2021, all members in this unit will receive
a four percent (4%) COLA increase to base pay.
11.1.2 Effective August 1, 2022, all members in this unit will receive
a three percent (3%) COLA increase to base pay.
11.1.3 Effective August 1, 2023, all members in this unit will receive
a three percent (3%) COLA increase to base pay.
11.2 SALARY ADJUSTMENT FOR POLICE DISPATCHERS
11.2.1 Effective August 1, 2020, the base salary range of Police
Dispatcher will be increased by four percent (4%).
11.2.2 Effective August 1, 2021 the base salary range of Police
Dispatcher will be increased by four percent (4%).
The current base monthly salary of employees in the unit covered by this MOU are
set forth in Exhibit A.
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
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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 the Association.
Employees may apply for bilingual pay at any time; however, examinations
shall be conducted semi- annually.
12.2 Callback Pay
If an employee is required to be called back to work after completing his
or her normal shift or after having left City premises or the employee's
work location, the employee shall be compensated at the appropriate
rate for each hour worked on Callback with a minimum of (2) hours
Callback compensation at the appropriate rate, regardless of whether
the employee actually works less than two (2) hours. This provision shall
be applicable to an employee even though the employee's regular 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.
12.3 Court Time
The minimum court appearance time shall be four (4) hour 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
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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)
Effective August 1 2020, the City shall provide one hundred ($100) per
month in deferred compensation to each employee.
12.5 Longevity Pay
Effective August 1, 2020, City is agreeable to the monthly amounts and
years of service listed in below table.
Years of Service Azusa Service
Only
All Police Civilian Law
Enforcement Service
(after working for Azusa
for a minimum of 5
years)
7 $80 $80
10 $100 $100
15 $200 $200
20 $300 $300
(ex. A lateral civilian police worker with 5 years of experience prior to coming
to work for the City, after working for the City for 5 years, would then obtain
the 10 year longevity pay for all civilian law enforcement service or a lateral
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with 3 years of experience prior to coming into the City, after working for the
City for 5 years, would then obtain the 7 year longevity pay for all civilian
law enforcement service).
Pay for all civilian service years would require employee to submit a list of
service years from each agency worked for and verified by Human
Resources. Pay would be retroactive upon completion of verification.
Longevity for civilian law enforcement status will in no way supersede
seniority as defined in the Azusa Civil Service Rules.
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.
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
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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 $0.60 per hour
Early Morning Shift: additional $1.12 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 eight hundred dollars
per year ($800), which shall be paid in November, for all employees who
are required to wear or maintain a uniform.
The Uniform Allowance for the following classifications will be nine
hundred dollars per year ($900):
• Community Services Officer – Admin
• Community Services Officer – Field
13. 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.
14. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan.
15. FLEXIBLE BENEFIT PLAN
15.1 Definition
Effective August 1, 1993, the City's existing Cafeteria Benefit Plan (CBP)
was converted to an IRS Section 125 Flexible Benefit Plan (FBP)
administered by either the City or its designee. 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 added vision plan
applicability to the FBP.
15.2 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:
15.2.1 For employees hired on or before January 31, 2016, the
City’s Flexible Benefit Plan contribution will be one
thousand five hundred dollars ($1,500) per month for each
employee.
15.2.2 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.
15.2.2.1 For example, a member whose flexible benefit
allowance is $1,500 uses $300 for medical, dental,
vision, and/or supplemental products will be eligible
for $1,000 taxable cash payment and forfeits the
remaining $200.
15.2.3 For employees hired on or after February 1, 2016, the
City’s Flexible Benefit Plan contribution will be increased
from one thousand four hundred dollars ($1,400) per
month to one thousand five hundred dollars ($1,500) per
month for each employee effective January 1, 2021, with
no cash out provision. These members may, however, opt
out of the Flexible Benefit Plan and receive three hundred
dollars ($300) in lieu of participation.
15.2.4 Effective January 1, 2021 and each year during the open
enrollment period employees whose premiums exceed
their FBP contribution amount have the option to redirect
the City paid deferred compensation contribution of one
hundred ($100) and have that amount added to their FBP
(see Section 12.4).
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This plan can be used by the employee to pay, to the extent available, for
qualified benefits as determined by the IRS. The employee understands
that, in the event the total premiums and/or expenses for qualified benefits
selected by him/her exceed the amount of the FBP, the excess shall be
deducted from pre-tax wages of the employee.
15.3 Opt out or Opt for Less Coverage
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. 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.
15.4 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.
15.5 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,
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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.
16. LEAVE TYPES
16.1 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.
16.2 Holidays
16.2.1 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:
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Holiday Schedule Month FY 2020/2021 FY 2021/2022 FY 2022/2023 FY 2023/2024
Independence Day
July 4th July 6 5* 4* 4*
Labor Day
1st Monday in
September
Sept 7* 6* 5* 4*
Columbus Day
2nd Monday in October Oct 12* 11* 10* 9*
Veteran’s Day
November 11th Nov 11 11 14* 13
Thanksgiving Day
4th Thursday in
November
Nov 26 25 24 23
Christmas Day
December 25th Dec 28* 27 26 25
New Year’s Day
January 1st Jan 4* 3 2* 1*
Martin Luther King
Day
3rd Monday in January
Jan 18* 17* 16* 15*
President’s Day
3rd Monday in
February
Feb 15* 21* 20* 19*
Memorial Day
Last Monday in May May 31* 30* 29* 27*
* = Monday
Employees are not required to take off the scheduled holiday.
16.2.2 Jury Duty
The City will allow employees off work with pay for any shift
where the 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
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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.
16.2.3 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.
16.3 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,
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vacation leave or compensatory time off they have earned.
If deemed temporarily totally disabled or permanently
disabled and unable to return to work, employees may
apply for Long Term Disability.
17.3.5 Prior to the end of the nine (9) months of paid leave
pursuant to this section, the employee may apply for
benefits under the City's long-term disability plan. If the
employee is qualified to receive benefits under the
disability plan, Vacation and Sick Leave shall accrue, and
the City shall continue to pay benefits under the City's
Flexible Benefit Plan and 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
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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.
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.
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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 date of termination and
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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.
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17.4.6 One-Third Conversion
If the employee has used no more than three days of sick
leave, not including time spent on personal business or
bereavement, he or she would have the following options:
17.4.6.1 Carry over the accrual and add it to his or her
sick leave balance.
17.4.6.2 Convert, only to the extent that his/her
balance is more than zero at the beginning of
the new year, one-third of the accrual to
vacation or convert one-third of it to cash (but
no combination of these two); unused or
unconverted leave would then be added to
the employee's sick leave balance.
17.4.7 Conversion to Cash upon Retirement or Separation
The employee may convert fifty percent (50%) of his or her
accrued Sick Leave balance to cash upon death (provided
he or she has attained permanent status); disability
retirement (provided he or she has been employed by the
City a minimum of five (5) years); or voluntary retirement
(provided he or she has been employed by the City a
minimum of ten (10) years.
Upon separation for other reasons, the employee may
convert fifty percent (50%) of his or her accrued Sick Leave
balance to cash for hours in excess of three hundred
twenty (320) hours to a maximum payment of two hundred
forty (240) hours.
17.4.8 Conversion to Service Credit Upon Retirement
Pursuant to the terms of the City's contract, as amended,
with the Public Employees' Retirement System, upon
voluntary retirement, the employee may convert 100% of
his or her accrued Sick Leave balance, less any amount
converted to cash under the provisions of Section 17.4.7.,
to retirement service credit.
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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
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
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18. LICENSE RENEWAL
The City agrees to pay the cost of maintaining certification 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.
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.
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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 Council in accordance with
Government Code Section 20903.
21.1.3 The City’s contract with the CalPERS includes 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
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one-half (½) of the premiums for such health insurance,
regardless of how many family members are enrolled. In
the event that the employee is single or widowed, and has
no dependents, the City's contribution shall be equal to
100% of such premium. In the event that the employee
passes away and is survived by an eligible spouse, the
benefit shall continue. But, if the employee passes away
and has no surviving spouse the benefit shall not 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
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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.
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.
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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 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
30
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. LAY OFF
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; (4)
the City establishes a Special Pay Program; or (5) if new information is presented due to
Assembly Bill 1945 that affects pension of dispatchers. 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.
MEMORANDUM OF UNDERSTANDING
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
AUGUST 1, 2020 THROUGH JULY 31, 2024
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
_________
Kathleen Soliven, President Date
______
Lauren Santamaria, Vice-President Date
______
Melissa Ruiz, Member Date
______
Joanne Gasca, Secretary Date
CITY OF AZUSA
Sergio Gonzalez, City Manager Date
Talika M. Johnson, Director of Administrative Services Date
ATTEST:
Jeffrey Lawrence Cornejo, Jr., City Clerk
APPROVED AS TO FORM AND CONTENT:
Marco Martinez, Best Best & Krieger
CITY OF AZUSA
CAPP SALARY SCHEDULE
Effective 8/1/2020
CLASSIFICATION RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
COMMUNITY SERVICE OFFICER - ADMIN 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 4,396.04$ 4,615.84$ 4,846.63$ 5,088.96$ 5,343.41$
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$
Effective 8/1/2021
CLASSIFICATION RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
COMMUNITY SERVICE OFFICER - ADMIN 9164 4,210.71$ 4,421.25$ 4,642.31$ 4,874.42$ 5,118.14$
COMMUNITY SERVICE OFFICER - FIELD 9170 4,421.25$ 4,642.31$ 4,874.43$ 5,118.15$ 5,374.05$
POLICE DISPATCHER 9166 4,747.72$ 4,985.11$ 5,234.36$ 5,496.08$ 5,770.89$
POLICE RECORDS SPECIALIST I 9140 3,357.14$ 3,525.00$ 3,701.25$ 3,886.31$ 4,080.63$
POLICE RECORDS SPECIALIST II 9150 3,688.18$ 3,872.59$ 4,066.22$ 4,269.53$ 4,483.01$
POLICE RECORDS SPECIALIST III 9160 4,025.01$ 4,226.26$ 4,437.57$ 4,659.45$ 4,892.42$
Effective 8/1/2022
CLASSIFICATION RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
COMMUNITY SERVICE OFFICER - ADMIN 9164 4,337.03$ 4,553.88$ 4,781.58$ 5,020.66$ 5,271.69$
COMMUNITY SERVICE OFFICER - FIELD 9170 4,553.89$ 4,781.58$ 5,020.66$ 5,271.69$ 5,535.28$
POLICE DISPATCHER 9166 4,890.15$ 5,134.66$ 5,391.39$ 5,660.96$ 5,944.01$
POLICE RECORDS SPECIALIST I 9140 3,457.86$ 3,630.75$ 3,812.29$ 4,002.90$ 4,203.04$
POLICE RECORDS SPECIALIST II 9150 3,798.83$ 3,988.77$ 4,188.21$ 4,397.62$ 4,617.50$
POLICE RECORDS SPECIALIST III 9160 4,145.76$ 4,353.05$ 4,570.70$ 4,799.23$ 5,039.20$
Effective 8/1/2023
CLASSIFICATION RANGE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
COMMUNITY SERVICE OFFICER - ADMIN 9164 4,467.14$ 4,690.50$ 4,925.02$ 5,171.28$ 5,429.84$
COMMUNITY SERVICE OFFICER - FIELD 9170 4,690.50$ 4,925.03$ 5,171.28$ 5,429.84$ 5,701.33$
POLICE DISPATCHER 9166 5,036.86$ 5,288.70$ 5,553.14$ 5,830.79$ 6,122.33$
POLICE RECORDS SPECIALIST I 9140 3,561.59$ 3,739.67$ 3,926.65$ 4,122.99$ 4,329.14$
POLICE RECORDS SPECIALIST II 9150 3,912.79$ 4,108.43$ 4,313.85$ 4,529.55$ 4,756.03$
POLICE RECORDS SPECIALIST III 9160 4,270.13$ 4,483.64$ 4,707.82$ 4,943.21$ 5,190.37$
CAPP “EXHIBIT A”
CAPP “EXHIBIT B”
CAPP “EXHIBIT B”
CAPP “EXHIBIT B”
CAPP “EXHIBIT B”
INDEX
Additional Compensation/ Premium Pay, 9
Automatic Payroll Deposit, 8
Bereavement Leave, 16
Bilingual Pay, 9
City Rights, 3
Conformance with Rules, 4
Compensatory Time, 11
Court Time, 9
Damage to Personal Effects, 13
Deferred Compensation, 10
Employee Assistance Plan, 13
Flexible Benefit Plan, 13
Flexible Staffing Positions, 28
Floating Holidays, 18
Health Insurance During Retirement, 27
Holidays, 16
Home Exercise Equipment Loan Program, 13
Implementation, 1
Industrial Leave, 18
Job Sharing, 29
Leave types, 12
License Renewal, 25
Life Insurance, 25
Long Term Disability Insurance, 25
Longevity Pay, 10
Maintenance of Existing Benefits, 2
Meet and Confer, 4
Non-discrimination, 2
Overtime Meal Policy, 11
Overtime/Compensatory Time, 11
Reopener, 2
Retirement, 26
Salary, 8
Savings Clause, 2
Shift Differential, 12
Sick Leave, 20
Term, 1
Timekeeping Interval, 8
Total Compensation, 3
Training Pay, 12
Tuition Reimbursement, 28
Uniform Allowance, 13
Vacation Leave, 24
Workweek and Timekeeping Interval, 5
Workday, 7
Workweek, 5