HomeMy WebLinkAboutE-12 Staff Report - MOU for APEA CONSENT ITEM
E-12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES
DATE: DECEMBER 21, 2020
SUBJECT: RECOGNITION OF NEW EMPLOYEE ORGANIZATION - AZUSA POLICE
EXECUTIVE ASSOCIATION (APEA) AND APPROVAL OF MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF AZUSA AND THE AZUSA POLICE
EXECUTIVE ASSOCIATION
BACKGROUND:
The City has received a request from the Police Captains in the Police Department to be represented for
the purposes of collective bargaining by a new employee organization to be recognized as the Azusa
Police Executive Association (APEA). The classification of Police Captain is currently being
represented by the Azusa Police Management Association (APMA). If approved, this classification
would now be represented by the new bargaining group, APEA.
The City’s Negotiation Team consisting of Talika M. Johnson, Director of Administrative Services, and
Sergio Gonzalez, City Manager, has been in negotiations with the Azusa Police Executive Association
(APEA). Both parties have reached an agreement on an initial MOU for the new bargaining unit. The
majority of the contract benefits at the Captain level will remain the same as the current APMA MOU,
expiring December 31, 2020. However, changes are proposed for a new contract term beginning January
1, 2021. This action approves the initial MOU with the APEA with a contract term through December
31, 2024.
RECOMMENDATIONS:
Staff recommends that the City Council take the following actions:
1)Adopt the attached Resolution No. 2020-C73 acknowledging Azusa Police Executive
Association (APEA) as the recognized employer organization for Police Captains for the
Azusa Police Department; and
2) Approve initial Memorandum of Understanding between the City of Azusa and the Azusa
Police Executive Association January 1, 2021 through December 31, 2024.
APPROVED
CITY COUNCIL
12/21/2020
APEA Resolution and MOU January 1, 2021 – December 31, 2024
December 21, 2020
Page 2
ANALYSIS:
The Police Captains of the City of Azusa (a total of two employees) have requested to be represented for
the purposes of collective bargaining by the new employee organization to be recognized as the Azusa
Police Executive Association (APEA). APEA have been in negotiations with the City and their current
bargaining unit, APMA. Police Captain classification is an “executive” level position in the Police
Department (PD). Separating the Captain union representation from other classifications representations
makes sense given the chain of command.
The MOU between the City of Azusa and APMA expires on December 31, 2020, at which time the
Police Captains will become a part of APEA. Negotiations with APMA/APEA commenced in August
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.
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: January 1, 2021 through December 31, 2024
2. Cost of Living Adjustment: Fiscal Year 2020-2021: $500 single lump sum
Fiscal Year 2021-2022: 4%
Fiscal Year 2022-2023: 4%
Fiscal Year 2023-2024: 5%
3. Deferred Compensation: Increase City’s contribution from $300 to $325 per month
4. Longevity Premium: Change Longevity Pay as follows:
7 years – $100
10 years – $200
15 years – $300
20 years – $400
25 years - $600
Add a “lateral hire” component for police civilian service
with a City of Azusa 5-year vesting period
Employees hired prior to August 1, 2000, current higher
amounts will apply.
APEA Resolution and MOU January 1, 2021 – December 31, 2024
December 21, 2020
Page 3
5. Mandatory Conversion Add section 7.5.2 Mandatory Conversion Prior to
Prior to Retirement: Retirement from Azusa POA MOU for those with 20
years of service but less than 25 years of service.
6. Cash-In Policy: Add the ability to convert into cash up to a maximum of
160 total hours of compensatory time per fiscal year in June
and December.
7. Flexible Benefit Plan: Effective January 1, 2021, employees whose premiums
exceed their FBP contribution amount can elect to redirect
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: fairness agreement to
match any cost of living or salary compaction increases given to APMA over that agreed upon with
APEA. 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 APEA benefit adjustments impacting 2 Police Captains is estimated at
$60,740 for the four-year term of this contract, of which 100% is allocated to the General Fund. Of the
total estimated contract cost of $60,740, a portion of that total is cost, $1,000 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
Attachments:
1) Resolution No. 2020-C73 acknowledging Azusa Police Executive Association (APEA) as the
recognized employer organization for Police Captains for the Azusa Police Department.
2) Initial Memorandum of Understanding between the City of Azusa and the Azusa Police
Executive Association January 1, 2021 – December 31, 2024.
RESOLUTION NO. 2020-C73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA
ACKNOWLEDGING THE AZUSA POLICE EXECUTIVE ASSOCIATION
(APEA) AS THE RECOGNIZED EMPLOYEE ORGANIZATION FOR
POLICE CAPTAINS OF THE AZUSA POLICE DEPARTMENT
THE CITY COUNCIL OF CITY OF AZUSA DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1. The City Council of the City of Azusa does hereby find, determine and
declare that:
A.Pursuant to the Meyers-Milias-Brown Act (MMB), California Government Code
Section 3500, et seq., the Council may formally acknowledge an employee organization
that represents employees of the agency otherwise referred to as the recognized employee
organization.
B.The sworn employees of the Police Department, which includes the job
classification of Police Captains have requested to be the recognized employee
organization for all employees serving in that class, such organization to be known as the
Azusa Police Executive Association (APEA)
SECTION 2. The City Council of the City of Azusa does hereby acknowledge the
Azusa Police Executive Association as the recognized employee organization for Police Captains
of the City of Azusa Police Department effective January 1, 2021.
SECTION 3. Effective Date. This resolution shall become effective upon its adoption.
PASSED, APPROVED AND ADOPTED ON DECEMBER 21, 2020.
_______________________
Robert Gonzales, Mayor
Attachment 1
I HEREBY CERTIFY that the foregoing Resolution No. 2020-C73, was duly adopted at
a regular meeting of said City Council on the 21st day of December, 2020, by the following vote
of the Council:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
_____________________________
Jeffrey Lawrence Cornejo, Jr. City Clerk
Memorandum of
Understanding
Between
The City of Azusa
and
Azusa Police Executive Association
January 1, 2021 – December 31, 2024
DRAFT Attachment 1
TABLE OF CONTENTS
Page
-i-
1.TERM OF MEMORANDUM OF UNDERSTANDING........................................... 1
2.TOTAL COMPENSATION ................................................................................... 1
3.NON-DISCRIMINATION ...................................................................................... 2
3.1 Protection of Rights................................................................................... 2
3.2 Anti-Discrimination .................................................................................... 2
4.SEPARABILITY ................................................................................................... 2
5.MAINTENANCE OF EXISTING BENEFITS ........................................................ 2
6.CITY RIGHTS ...................................................................................................... 2
6.1 Management Rights .................................................................................. 2
6.2 Conformance with Rules ........................................................................... 4
6.3 Meet and Confer ....................................................................................... 4
7.WORKWEEK AND TIMEKEEPING INTERVAL................................................... 5
7.1 Workweek ................................................................................................. 5
7.2 Workday .................................................................................................... 5
7.3 Timekeeping Interval ................................................................................. 5
8.SALARY .............................................................................................................. 5
9.ADDITIONAL COMPENSATION/PREMIUM PAY ............................................... 6
9.1 Acting Employee ....................................................................................... 6
9.2 Bilingual Pay ............................................................................................. 6
9.3 Deferred Compensation (City-paid) .......................................................... 6
9.4 Educational Incentive Pay ......................................................................... 6
9.5 Longevity Pay ........................................................................................... 7
9.6 Uniform Allowance .................................................................................... 8
TABLE OF CONTENTS
(continued)
Page
-ii-
10. LEAVE/DAYS OFF .............................................................................................. 8
10.1 Administrative Leave ................................................................................. 8
10.2 Personal Leave ......................................................................................... 8
10.3 Bereavement Leave .................................................................................. 9
10.4 Holidays .................................................................................................... 9
10.5 Industrial Leave (Workers Compensation) .............................................. 11
10.6 Sick Leave .............................................................................................. 11
10.7 Vacation Leave ....................................................................................... 19
11. AUTOMOBILES ................................................................................................. 20
12. DAMAGE TO PERSONAL EFFECTS ............................................................... 20
13. SAFETY EQUIPMENT ...................................................................................... 20
14. EMPLOYEE ASSISTANCE PLAN ..................................................................... 20
15. FLEXIBLE BENEFIT PLAN ............................................................................... 20
15.1 Definition ................................................................................................. 20
15.2 Eligibility .................................................................................................. 21
15.3 Amount of Monthly Benefit ...................................................................... 21
15.4 Medical Opt Out of Coverage ................................................................. 22
15.5 Termination ............................................................................................. 22
16. DISABILITY INSURANCE ................................................................................. 22
17. LICENSE RENEWAL ........................................................................................ 23
18. LIFE INSURANCE ............................................................................................. 23
19. OUTSIDE EMPLOYMENT ................................................................................. 23
20. PAYROLL DEDUCTION .................................................................................... 23
21. PHYSICAL EXAMINATIONS ............................................................................. 24
22. RETIREMENT ................................................................................................... 24
23. TUITION REIMBURSEMENT ............................................................................ 28
24. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT .................. 30
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
1
CITY OF AZUSA
AZUSA POLICE EXECUTIVE ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
This Memorandum of Understanding is entered into with reference to the following facts:
(1) The Azusa Police Executive Association (APEA) (hereinafter referred to as
“Association”) is the recognized employee organization representing those
personnel (hereinafter referred to as “employees”) employed by the City of Azusa
(hereinafter referred to as “City,”) and occupying classification of:
(a) Police Captain
(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 of Azusa 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 the approval and implementation
by the City Council of the City, the wages, hours, and other terms and conditions of
employment for all affected employees shall be as follows:
1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of this Memorandum of Understanding shall commence on January 1, 2021, and
shall continue through December 31, 2024.
2. TOTAL COMPENSATION
As a matter of philosophy, the Association and the City agree that compensation consists of
terms and conditions of employment other than those represented solely by salary. Further,
the City and the Association recognize that the changes in wages, hours and other terms and
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
2
conditions of employment as set forth in this Memorandum of Understanding constitute
additions to the total compensation received by affected employees.
3. NON-DISCRIMINATION
3.1 Protection of Rights
3.1.1 The parties mutually recognize and agree to 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.
3.2 Anti-Discrimination
3.2.1 The City and the Association agree that they 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
Agreement in compliance with state or federal anti- discrimination laws.
4. SEPARABILITY
4.1 Should any provisions of this Memorandum of Understanding be found to be
inoperative, void, or invalid by a court of competent jurisdiction, all other
provisions of this Memorandum of Understanding shall remain in full force and
effect for the duration of this Memorandum of Understanding.
5. MAINTENANCE OF EXISTING BENEFITS
5.1 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 Memorandum of Understanding unless
mutually agreed to the contrary by both parties hereto.
6. CITY RIGHTS
6.1 Management Rights
6.1.1 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 Memorandum of Understanding or by law to manage
the City, as such rights existed prior to the execution of this
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
3
Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Memorandum of
Understanding or by law, shall include, but not be limited to, the following:
6.1.1.1 To manage the City generally and to determine the issues
of policy.
6.1.1.2 To determine the existence or nonexistence of facts, which
are the basis of the Management decision.
6.1.1.3 To determine the necessity and organization of any service
or activity conducted by the City and expand or diminish
services.
6.1.1.4 To determine the nature, manner, means, and technology,
and extent of services to be provided to the public.
6.1.1.5 To determine methods of financing.
6.1.1.6 To determine types of equipment or technology to be used.
6.1.1.7 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.
6.1.1.8 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.
6.1.1.9 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.
6.1.1.10 To relieve employees from duties for lack of funds or lack of
work or similar non-disciplinary reasons
6.1.1.11 To establish and modify productivity and performance
programs and standards.
6.1.1.12 To discharge, suspend, demote or otherwise discipline
employees for proper cause.
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
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6.1.1.13 To determine job classification and to reclassify employees.
6.1.1.14 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.
6.1.1.15 To determine policies, procedures and standards for
selection, training and promotion of employees.
6.1.1.16 To establish employee performance standards including,
but not limited to, quality and quantity standards and to
require compliance therewith.
6.1.1.17 To maintain order and efficiency in its facilities and
operation.
6.1.1.18 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.
6.1.1.19 To take any and all necessary action to carry out the mission
of the City in emergencies.
6.2 Conformance with Rules
6.2.1 The City shall have the right to exercise the rights provided in sections “9”
through “16” of the Management rights clause, in accordance with the
Personnel Rules and Regulations as they exist as of May 16, 1988, and
shall exercise these rights in conformance with the Personnel Rules and
Regulations.
6.3 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 Memorandum of
Understanding, or in Personnel Rules and Salary Resolutions and
Administrative Code(s) which are incorporated in this Agreement. By
agreeing to meet and confer with the Association as to the impact and the
exercise of any of the foregoing City Rights, Management’s discretion in
the exercise of these rights shall not be diminished.
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
5
7. WORKWEEK AND TIMEKEEPING INTERVAL
7.1 Workweek
7.1.1 The regular workweek for all employees covered by this agreement shall
be forty (40) hours for a seven (7) day period beginning at 12:01 a.m. each
Sunday and shall consist of four (4) days a week and ten (10) hours per
day Monday through Thursday. 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.
7.2 Workday
7.2.1 For employees assigned to operations and administrations, the workday
will consist of ten (10) hour work days with lunch and breaks to be
scheduled in light of department policy.
7.2.2 The City reserves the right to determine the beginning and ending times of
the workday for all employees covered by this agreement.
7.3 Timekeeping Interval
7.3.1 In compliance with FLSA regulations for exempt personnel, the minimum
timekeeping interval, shall be one (1) ten (10) hour day. Employees in this
classification are not eligible for overtime.
8. SALARY
8.1 PEA members will receive a total COLA of thirteen percent (13%) over a four-
year contract period.
8.1.1 Effective January 1, 2021, the City shall provide a one-time lump sum
payment of five hundred dollars ($500.00) to all PEA members currently
covered under the PEA MOU as of January 1, 2021.
8.1.2 Effective August 1, 2021 all employees will receive a four percent (4%)
increase to base pay.
8.1.3 Effective August 1, 2022 all employees will receive a four percent (4%)
increase to base pay.
8.1.4 Effective August 1, 2023 all employees will receive a five percent (5%)
increase to base pay.
8.2 Automatic Payroll Deposit
8.2.1 The City will continue to offer Automatic Payroll Deposit in cooperation
with any bank that utilizes the Automated Clearing House service.
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
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9. ADDITIONAL COMPENSATION/PREMIUM PAY
9.1 Acting Employee
An employee otherwise eligible for acting pay shall not be eligible during scheduled periods of
Vacation or when on Sick Leave.
9.2 Bilingual Pay
9.2.1 In addition to monthly basic pay, the City shall pay an incentive to
personnel demonstrating a proficiency in a major foreign language if they
are assigned and required to speak and translate the language in
performance of their duties.
9.2.2 Such additional payment is conditional upon demonstration of language
proficiency by a qualified third-party examiner mutually agreed upon by
both the City and the Association.
9.2.3 The incentive paid shall be $250 per month; provided, however, that
employees receiving a greater dollar amount for bilingual pay on the
effective date of the MOU shall continue to receive the higher dollar
amount.
9.3 Deferred Compensation (City-paid)
9.3.1 The City shall pay $325 per month into member’s deferred compensation
account.
9.4 Educational Incentive Pay
9.4.1 The following is the educational incentive pay from an accredited college
or university:
Classification Master’s or
Doctoral
Degree
An AA/AS Degree or
Intermediate POST
with 45 semester or
equivalent quarter
units
BA/BS Degree or
Advanced POST
Certificate with sixty (60)
semester or equivalent
quarter units
Captain $600 2.5% of base rate,
not to exceed
$125
5% of base rate not
to exceed
$250
The above incentive pay shall not apply to an employee whose job description has an equivalency
requirement for either an Associate in Arts or Science degree or a Bachelor of Arts or Science
degree.
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
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9.4.1.1 An employee shall be entitled to only one (1) increment of
education incentive pay regardless of the number of
qualifying degrees or certificates he or she possesses.
9.5 Longevity Pay
9.5.1 Effective January 1, 2021, City is agreeable to the monthly amounts and
years of service listed in below table.
Years of Service Azusa Service
Only
All Sworn Service (after
working for Azusa for a
minimum of 5 years)
7 $100 $100
10 $200 $200
15 $300 $300
20 $400 $400
25 $600 $600
(ex. A lateral 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 sworn law enforcement service or a lateral 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 sworn law
enforcement service).
Upon ratification of the MOU to receive pay for all sworn service years, the
Officer shall submit a list of service years from each agency worked for
within 60 days to be verified by Human Resources. A Personnel Action
Form from the department must accompany this request. Pay for all
Officers employed by the City at time of ratification would be retroactive to
January 1, 2021 upon completion of verification. Pay for employees who
reach 5 years of service with the City of Azusa after ratification shall be
effective the first pay period following verification by Human Resources.
Longevity pay will be reviewed on an annual basis and all changes made
as employee’s progress through the tiers will be adjusted the first pay
period in December with the payment being retroactive to their longevity
anniversary date.
Longevity for sworn status will in no way supersede seniority as defined
in the Azusa Civil Service Rules.
9.5.2 The monthly longevity pay for employees hired prior to August 1, 2000,
shall be in accordance with the following schedule:
7 yrs
$199.88
10 yrs $399.76
15 yrs $599.65
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
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20 yrs $799.53
25 yrs $999.00
9.5.3 Notwithstanding the foregoing, employees currently receiving a higher
dollar amount of longevity pay than the amount provided for under Section
9.5.2. shall continue to receive the higher dollar amount until eligible for an
increase based on the schedule set forth in Section 9.5.2.
9.6 Uniform Allowance
9.6.1 Uniform allowance for all APEA employees is $1,000 per year and will be
paid by the City in November. At this time it is not subject to income tax
withholding.
10. LEAVE/DAYS OFF
10.1 Administrative Leave
10.1.1 Employees shall receive fifty (50) hours per year of Administrative Leave.
10.1.2 An Employee Leave Request must be approved by the appropriate
department head prior to the use of Administrative Leave and such leave
may not be carried over into the next fiscal year or cashed in if not used.
Unused Administrative Leave may, however, be converted to Vacation
Leave. Administrative Leave shall be granted with due regard for the
employee’s wishes and the operational needs of the department. It is the
responsibility of the employee to request conversion.
10.2 Personal Leave
10.2.1 Thirty (30) hours Personal Leave may be taken by employee. Personal
Leave is to be distinguished from Personal Business Leave in that it does
not have particular requirements for its use and is not deducted from the
employee’s approved Sick Leave balance. An Employee Leave Request
must be approved by the appropriate department head prior to the use of
Personal Leave and such leave may not be carried over into the next fiscal
year or cashed in if it is not used. Personal Leave shall be granted with due
regard for the employee’s wishes and the operational needs of the
department. This Personal Leave is also to be considered similar to
Vacation Leave in that an open shift can be filled with overtime coverage.
10.3 Bereavement Leave
10.3.1 An employee may be permitted to take up to forty (40) hours Bereavement
Leave in the event of the death of a member of his/her immediate family.
“Immediate family” member is herewith defined as a mother; father,
brother, sister, spouse, child, mother-in-law, father-in-law, grandparents or
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
9
relative living within the employee’s household. Persons in loco parentis
may also be considered under certain circumstances. Such leave shall not
be charged against the employee’s Sick Leave or vacation.
10.3.2 Bereavement Leave for close personal relationships other than listed
relationships may be approved by Department Head and Director of
Human Resources.
10.3.3 In addition to Bereavement Leave, an employee may request up to twenty
(20) hours of Sick Leave in the event of the death of an immediate family
member. Such Leave shall be charged against the employee’s Sick Leave
balance and shall be considered in calculating his or her ability to convert
the balance.
10.4 Holidays
10.4.1 Designated Holidays
10.4.1.1 The employee shall receive time off with pay for the following
holidays but only if the employee is paid for the workday that
precedes or follows the holiday. If a holiday falls on an
employee’s scheduled day off, the employee shall receive
the holiday on the next scheduled business day.
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
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10.4.1.2 The dates upon which these holidays shall be observed
are listed below:
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
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
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10.4.2 Floating Holidays
10.4.2.1 The City and the Association agree to three 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.
10.4.2.2 Floating Holidays shall accrue on July 1 and must be taken
by the following June 30, or the hours will be forfeited. It is
the responsibility of the employee to make use of his or her
holidays on a timely basis.
10.5 Industrial Leave (Worker’s Compensation)
10.5.1 A regular employee who is temporarily or permanently incapacitated as a
result of injury or illness determined to be compensable under the
Workers’ Compensation Act shall be granted benefits in accordance with
this Act.
10.6 Sick Leave
10.6.1 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.
10.6.2 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.
10.6.2.1 Sick Leave During Probation
10.6.2.1.1 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
employment or it shall be deducted from the
employee’s final paycheck.
10.6.3 Reasons for Use of Sick Leave
10.6.3.1 Sick Leave shall be granted for the following reasons:
10.6.3.2 Personal illness or physical incapacity.
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10.6.3.3 Up to 12 days per year for the illness of a member of the
employee’s immediate family (father, mother, sister or
brother), or members of the employee’s household
(husband, wife, and children) that require the employees’
personal care and attention. Additional time, up to 12 weeks
(running concurrently with family medical leave), could be
approved by the department head when treatment for an
illness, injury or condition which may be expected to be of
long duration, has no reasonably predictable date of
termination and requires continuous or intermittent care by
the employee.
10.6.3.4 Enforced quarantine of the employee in accordance with
Health Department regulations.
10.6.3.5 Medical, dental, and optical appointments.
10.6.3.6 Personal Business not to exceed forty (40) hours during any
one (1) year. “Personal business” means those items of
personal business that can only be taken care of during
regular working hours of the employee. Personal Business
Leave shall be approved or disapproved by the department
head in accordance with this section. Departments are to
use the earning code PB for this purpose. Personal
Business Leave 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.
10.6.3.7 In the foregoing circumstances, Sick Leave must be
exhausted before Compensatory Time off or Vacation Leave
may be converted to Sick Leave.
10.6.4 Accrual and Use
10.6.4.1 For members who joined APEA prior to January 1, 2021
(founding Captains), 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.
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10.6.4.2 For employees who join APEA after January 1, 2021, sick
leave with pay shall accrue at the rate of ten hours per month
for each calendar month of paid employment. No more than
960 hours of sick leave may be accrued. Sick leave will
cease to accrue when an employee’s accrued sick leave
balance reaches 960 hours. Sick leave accrual will resume
when an employee’s accrued sick leave balance drops
below 960 hours.
10.6.4.2.1 For members who exceed the 960 hours upon
joining APEA, after the ratification of this MOU,
their excess hours shall freeze at their current
level and the excess shall be paid out as a
25% wellness bonus.
Special Pay Plan 401 (A) and 457 drawdown requirements will also apply in accordance to Articles
10.6.9 and 10.6.10.
10.6.5 Sick Leave Donation Policy
10.6.5.1 Employees shall be eligible for sick leave donation from co-
workers in accordance with the City’s policy.
10.6.6 Sick Leave During Vacation
10.6.6.1 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.
10.6.7 One-Fourth Conversion
10.6.7.1 If the employee has used more than three, but not more than
six days of Sick Leave, excluding time spent on Personal
Business or Bereavement, he or she would have the
following options:
10.6.7.2 Carry over the accrual and add it to his or her Sick Leave
balance.
10.6.7.3 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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10.6.8 One-Third Conversion
10.6.8.1 If the employee has used no more than three days of Sick
Leave, excluding time spent on Personal Business or
Bereavement, he or she would have the following options:
10.6.8.2 Carry over the accrual and add it to his or her Sick Leave
balance.
10.6.8.3 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.
10.6.9 Mandatory Conversion Prior to Retirement
10.6.9.1 Members of the APEA, with a minimum of 25 years of
service with the City of Azusa and 1,040 hours of accrued
sick leave, shall “Draw Down” (reduce by conversion to
either first, 401(a) “Special Pay Plan” or second, deferred
compensation) accrued sick leave beginning in the calendar
year in which they are five (5) years from their “normal”
retirement age, as defined in section 10.6.9.4, and
continuing until separation from the City.
10.6.9.2 Employees shall “draw down” the maximum amount (of
hours) possible on a tax deferred basis (based on then
applicable law) each year until the balance (of accrued
hours) reaches 1,040 hours.
APEA members who have reached “normal” retirement age,
as defined in Section 10.6.9.4, with 25 years of service with
the City of Azusa may continue to “Draw Down” the
maximum amount (of hours) possible on a tax deferred basis
(based on then applicable law) below the 1,040 hour
balance of sick leave if the Member requests to do so via a
memo to the City’s payroll division by December 31 of the
preceding January draw down. Each January thereafter, the
City's payroll division will automatically draw down sick leave
hours to a balance of 1,040 and contribute to either first, the
401(a) “Special Pay Plan” or second, deferred
compensation for all APEA members that meet the above
eligibility requirements up to the amount established by
applicable laws.
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10.6.9.3 The conversion shall be as follows:
10.6.9.3.1 In November of each preceding draw down
year the City’s Payroll Division shall determine
for each APEA employee the number of hours
of sick leave accrued in excess of 1,040 hours
and the applicable legal maximum dollar
amount that may be contributed into the
employees’ 401(a) “Special Pay Plan” and
deferred compensation plan. The resulting
amounts shall be provided to each employee
and hours will be draw down in accordance
with Section 10.6.10.2.
10.6.9.3.2 All funds placed into a qualified tax deferred
account shall be managed by the employee
and not the responsibility of the City of Azusa.
10.6.9.3.3 This sick leave draw down does not terminate
or forfeit the APEA member’s benefit of such
leave accrual up to the time of retirement. The
provision is not a cap of sick leave accrual.
Also, members will retain the option to use
accrued sick leave to purchase PERS Service
Credit rather than participate in the “draw
down” program, subject to the following:
a) At the time the City’s Payroll Division
notifies an APEA member of their
eligibility to participate in the “Draw
Down” program, the employee must
notify via a Memo the Human
Resources Department and Payroll
Division by December 31 of the
preceding draw down year of their
selection to either participate in (1) the
“draw down” program or (2) a “PERS
Service Credit” program. Once
selected the member cannot change
programs. If the employee fails to make
a selection, the Payroll Division will
draw down hours in accordance with
Section 10.6.9.2.
10.6.9.4 Members of the APEA will participate in the Employer
Sponsored 401(a) “Special Pay Plan” and are subject to the
terms of the Special Pay Plan when they have reached
25 years of service with the City of Azusa and in the calendar
year in which they are five (5) years from their “normal”
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retirement age based on their respective CalPERS Public
Safety Pension Formula as follows:
1. Age 45 for those APEA Members who are employed
under the 3% @ 50 Public Safety Pension.
2. Age 50 for those APEA Members who are employed
under the 3% @ 55 Public Safety Pension.
3. Age 52 for those APEA Members who are employed
under the 2.7% @ 57 Public Safety Pension.
For example, a member who reaches 25 years of service
with the City in November 2019 and turns age 45 in March
2020 will be eligible for their first draw down in January 2020
when the payroll division processes mandatory drawdowns
of sick leave hours to the balance of 1,040.
Pursuant to APEA MOU section 10.7.1.1.3, at no time will
an APEA Member be required to forgo being paid as earned
(cashed out) each pay period on their Vacation Time
overage until their separation from service with the City of
Azusa.
Once the Member participates in the Special Pay Plan as a
“Participant in the Plan” pursuant to the above listed
requirements, the member must “draw down” their leave
banks in the following order:
1. Sick Leave
2. Comp Time Leave (if sick leave draw down is below the
IRS 401(a) “Special Pay Plan” annual maximum
contribution for the calendar year)
3. Vacation Leave (upon separation from service with the
City)
When eligible APEA Members become Participants in the
Plan, participants must convert accumulated unused
vacation leave bank hours into the Special Pay Plan upon
separation from service.
Upon separation from service, Participants in the Plan will
be subject to a mandatory employer contribution of 100% of
employees’ remaining unused accumulated sick, vacation,
or comp time leave hours into the Special Pay Plan up to the
IRS 401(a) “Special Pay Plan” annual maximum contribution
for the calendar year.
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If the dollar values of the combined cashable leave bank
balances exceeds the IRS 401(a) “Special Pay Plan” annual
maximum contribution for the calendar year in which they
retire, the remaining leave bank hours will be paid to the
employee in cash.
Special Pay 401(a) contributions are not subject to FICA or
Medicare taxes, and the plan has been established so that
no Constructive receipt will apply to the 401 (a) plan or
participants in the plan.
The City of Azusa will cover the administrative cost of the
Plan for each participant while employed with the City and
upon separation from service, the entire administrative cost
will be borne by the retiree.
10.6.10 Mandatory Conversion Upon Retirement
10.6.10.1 At time of retirement, members of the APEA, with a minimum
of 20 years of service, but less than 25 years of service, with
the City of Azusa, shall “Draw Down” (reduce by conversion
to either first, 401(a) “Special Pay Plan” or second, deferred
compensation) seventy-five percent (75%) of his or her
accrued sick leave.
Members who participate in the Draw Down program, will not
be eligible to receive cash out of his or her remaining sick
leave balance.
Once the Member participates in the Special Pay Plan as a
“Participant in the Plan” pursuant to the above listed
requirements, the member must “draw down” their leave
banks in the following order:
1. 75% of Sick Leave (remaining sick leave will be
converted in accordance with Section 7.5.13)
2. Comp Time Leave (if sick leave draw down is below the
IRS 401(a) “Special Pay Plan” annual maximum
contribution for the calendar year)
3. Vacation Leave (upon separation from service with the
City)
When eligible APEA Members become Participants in the
Plan, participants must convert accumulated unused
vacation leave bank hours into the Special Pay Plan upon
separation from service.
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Upon separation from service, Participants in the Plan will be
subject to a mandatory employer contribution of 100% of
employees’ remaining unused accumulated sick, vacation, or
comp time leave hours into the Special Pay Plan up to the
IRS 401(a) “Special Pay Plan” annual maximum contribution
for the calendar year.
If the dollar values of the combined cashable leave bank
balances exceeds the IRS 401(a) “Special Pay Plan” annual
maximum contribution for the calendar year in which they
retire, the remaining leave bank hours will be paid to the
employee in cash.
Special Pay 401(a) contributions are not subject to FICA or
Medicare taxes, and the plan has been established so that no
Constructive receipt will apply to the 401 (a) plan or
participants in the plan.
10.6.11 Conversion to Cash Upon Separation
10.6.11.1 Upon separation due to death (if he or she had attained
permanent status) the employee’s estate may receive fifty
percent (50%) of his or her accrued Sick Leave balance in
cash.
10.6.11.2 Upon disability retirement with at least five (5) years of
service with the City of Azusa, the employee may convert
fifty percent (50%) of his or her accrued Sick Leave balance
to cash.
10.6.11.3 Upon voluntary separation with less than ten (10) cumulative
years of service with the City of Azusa, the employee may
convert fifty percent (50%) of his or her accrued Sick Leave
balance to cash for hours in excess of three-hundred twenty
(320) hours to a maximum payment of two hundred forty
(240) hours.
10.6.11.4 Upon voluntary separation with at least ten (10) cumulative
years of City service, the employee may convert fifty percent
(50%) of his or her accrued Sick Leave balance to cash.
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10.6.11.5 Upon voluntary separation with at least twenty (20)
cumulative years of City service, the employee may convert
seventy-five percent (75%) of his or her accrued Sick Leave
balance to cash.
10.6.11.6 Upon voluntary separation with at least twenty-five (25)
cumulative years of City Service, the employee may convert
one hundred percent (100%) of his or her accrued Sick
Leave balance to cash.
10.6.11.7 In case of layoff, the employee shall be allowed to convert
100% of his or her accrued Sick Leave balance to cash.
10.7 Vacation Leave
10.7.1 Required Usage and Carryover
10.7.1.1 Leave will be credited on a “per-pay-period” basis.
Employees may accrue up to a maximum of fifty two (52)
times the then- current pay period rate of Vacation accrual.
10.7.1.2 Notwithstanding the accrual cap, employees shall continue
to accrue Vacation Leave during the term of this MOU;
provided that each member reduces his or her Vacation
Leave in excess of the cap over the term of the MOU.
10.7.1.3 Commencing July 31, 2004, the cap shall be enforced and
any accrual in excess of the cap shall be paid as earned.
10.7.2 Cash-In Policy
10.7.2.1 Members covered by this Memorandum of Understanding
may convert vacation time to cash every fiscal year in July
or December with the Department Head’s approval. If there
is a financial hardship and a request is required outside the
window of the timeline the Department Head may review
and approve the request.
10.7.2.2 Members covered by this Memorandum of Understanding
may convert into cash up to a maximum of 160 total hours
of compensatory time per fiscal year in June and December
of each year with the Department Head’s approval. If there
is a financial hardship and a request is required outside the
window of the timeline the Department Head may review
and approve the request.
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10.7.3 Accrual
10.7.3.1 Vacation Leave shall accrue as follows:
Through the 5th year of employment 120 hours
Through the 6th year of employment 128 hours
Through the 7th year of employment 136 hours
Through the 8th year of employment 144 hours
Through the 9th year of employment 152 hours
Through the 10th year of employment 160 hours
Through the 11th year of employment 168 hours
Through the 12th year of employment 176 hours
Through the 13th year of employment 184 hours
Through the 14th year of employment 192 hours
Through the 15th year of employment 200 hours
Through the 16th year of employment 218 hours
11. AUTOMOBILES
11.1 Captains will be permitted to use city vehicles for commuting to and from home.
Other than for commuting the vehicle is not to be used for personal use. Data
will be collected regarding the frequency and number of call-outs from the
employee’s home.
12. DAMAGE TO PERSONAL EFFECTS
12.1 If, in the course of business, an employee’s personal clothing or effects are
accidentally damaged or destroyed, the employee may submit a claim for
reimbursement for up to one hundred and fifty dollars ($150).
13. SAFETY EQUIPMENT
13.1 The City will provide required safety equipment and will replace worn safety
equipment for current sworn employees as determined by the department head.
14. EMPLOYEE ASSISTANCE PLAN
14.1 The City will continue to maintain the Employee Assistance Plan.
15. FLEXIBLE BENEFIT PLAN
15.1 Definition
15.1.1 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.
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15.2 Eligibility
15.2.1 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.
15.2.2 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.
15.2.3 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.
15.3 Amount of Monthly Benefit:
15.3.1 For those APEA members who joined prior to January 1, 2021
(Founding Captains), the member shall be able to use the full amount
of $1,765 for health insurance, dental insurance, vision plans, and all
supplemental products (i.e. term life insurance, flexible spending
account, disability insurance, accident insurance, critical illness
insurance, cancer insurance, etc.)
15.3.2 For those APEA members who joined prior to January 1, 2021 and using
any portion of the flexible benefit allowance, the excess will cap at $300
for receiving a cash payout.
15.3.2.1 For example, a member whose flexible benefit allowance is
$1,765 uses $500 for medical, dental, vision and/or
supplemental products will be eligible for $300 cash
payment and forfeits the remaining $965.
15.3.3 For those members who join the APEA on or after January 1, 2021, the
flexible benefit monthly allowance is $1,600 upon ratification of this
agreement. The member shall be able to use the full amount of $1,600
for health insurance, dental insurance, vision plans, and all supplemental
products (i.e. term life insurance, flexible spending account, disability
insurance, accident insurance, critical illness insurance, cancer
insurance, etc.).
15.3.4 For those members who joined the membership on or after January 1,
2021 and use any portion of the flexible benefit allowance, the excess
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will cap at $300 for receiving a cash payout.
15.3.5 Any employee who promotes to an APEA position AND was a member
of the Police Management Association (APMA) prior to January 1,
2019 will be eligible for the FBP contribution amount in accordance
with Article 15.3.1.
15.3.6 Effective January 1, 2021, employees whose premiums exceed their
FBP contribution amount can elect to opt out of City paid deferred
compensation during open enrollment period and place what would
otherwise be contributed to deferred compensation to FBP contribution.
15.4 Medical Waiver (Opt Out of Coverage)
15.4.1 The City will continue to provide a cash-out option up to a cap of $300 for
any employee who provides proof of other coverage for themselves and
their dependents.
15.5 Termination
15.5.1 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.
16. DISABILITY INSURANCE
16.1 The City shall maintain in effect for the term of this agreement a disability plan-
covering employees set forth herein. Said plan shall provide an employee with a
maximum of two-thirds (b) of his/her base salary. An employee may utilize his/her
accrued Sick Leave, Vacation, and/or Compensatory Time to supplement the
disability payment so as to receive 100% of his/her base salary. The disability
plan includes the following:
16.1.1 Provides 66.67% of the employee’s monthly salary;
16.1.2 Commences after a 30 calendar day waiting period and provides a benefit
to age 65;
16.2 For the first 30 days of non-job related illness or injury, the employee will use
accrued Sick Leave, compensatory time or Vacation Leave;
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16.2.1 The employee will be allowed to use accrued Sick Leave in conjunction
with the long-term disability plan to provide for a full paycheck;
16.2.1.1 At no time will an employee receive more than 100% of their
base pay;
16.2.1.2 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.
17. LICENSE RENEWAL
17.1 The City agrees to pay the cost of maintaining certifications and licenses that are
necessary to maintain the minimum requirements for the licensee’s job.
18. LIFE INSURANCE
18.1 The City shall provide term life insurance equal to one and one-half (1 1/2) times
annual earnings.
19. OUTSIDE EMPLOYMENT
19.1 Outside employment will be permitted, provided that the outside employment is
consistent with moral & ethical guidelines established by the Chief of Police and
the Association and that the employee, prior to accepting outside employment,
signs an agreement, which:
19.1.1 Acknowledges that said employment is outside the course and scope of
the employee’s employment with the City of Azusa and that said
employment is not for the benefit of the City of Azusa; and
19.1.2 Releases, indemnifies, and holds the City of Azusa, its agents and
employees harmless for any liability, whatsoever, arising out of said
employment, including but not limited to, injury or damage to the
employee; and
19.1.3 Acknowledges that the City will have no responsibility or obligation,
whatsoever, to provide a legal defense as a result of any outside
employment engaged in by employee.
20. PAYROLL DEDUCTION
20.1 Upon written employee authorization and designation of dollar amount, which may
be revoked in writing by the employee at any time, the City agrees to establish a
payroll deduction account for said employee. The City shall accrue the amount
deducted per the employee’s authorization on a non-interest bearing basis. Upon
thirty days advance notice to the Finance Department, an employee may request
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pay off of the accrued amount in his or her account once per year.
21. PHYSICAL EXAMINATIONS
21.1 The City will continue to provide annual physical examinations, for all sworn
officers, on a voluntary basis.
22. RETIREMENT
22.1 “Classic” unit members are included in Tier I & II for purposes of retirement
pension benefits in accordance with the Public Employees’ Pension Reform Act
of 2013. Tier I and II generally include employees that were hired before January
1, 2013 in the California Public Employees Retirement System (CalPERS) or a
reciprocal retirement system with no break in service longer than six months.
CalPERS will determine who is a classic member in compliance with the law.
22.1.1 Tier I: For employees hired prior to July 1, 2011, shall be eligible for the
3% @ 50 retirement formula for Local Safety members. The City pays 9%
on behalf of the employee share and the unit member pays 9% toward the
CalPERS “employer” share, on a “cost sharing” basis, at the same
percentage and at the same starting date as the City’s contributions
“toward the employee share.” The employee contribution is “compensation
earnable” as defined in Government Code section 20636. The City shall
continue the highest level of the 1959 survivor benefit. Government Code
section 20636. The City shall continue the highest level of the 1959
survivor benefit.
22.1.2 Tier II: For employees hired on and after to July 1, 2011, shall be eligible
for the 3% @ 55 retirement formula for Local Safety members. The City
pays 9% on behalf of the employee share and the unit member pays 9%
toward the CalPERS “employer” share, on a “cost sharing” basis, at the
same percentage and at the same starting date as the City’s contributions
“toward the employee share.” The employee contribution is
“compensation earnable” as defined in Government Code section 20636.
The City shall continue the highest level of the 1959 survivor benefit.
Government Code section 20636. The City shall continue the highest level
of the 1959 survivor benefit.
22.1.3 Tier III: For employees hired on or after January 1, 2013 are “new
members” for purposes of retirement pension benefits pursuant to the
Public Employees’ Pension Reform Act of 2013. Generally, this includes
employees that were hired into a regular position on or after January 1,
2013 or former members who have more than a six-month break in
service. CalPERS will determine who is a new member in compliance
with the law.
22.1.3.1 As defined by PEPRA and/or California Government Code
Section 7522.04(f), unit members shall be required to pay a
CalPERS employee contribution in an amount equal to 50%
of the normal cost rate, up to a maximum of 12%, for the
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Defined Benefit Plan provided or by PEPRA, in which the new
unit member is enrolled, rounded to the nearest quarter of 1%
or the current contribution rate of similarly situated
employees, whichever is greater, pursuant to Government
Code section 7522.30.
22.1.3.2 New (PEPRA) unit members shall be enrolled in the 2.7% at
57 retirement formula for Local Safety Members. Members
final compensation is a measurement period of 36
consecutive months as set forth in Government Code Section
7522.32(a), and their retirement benefits shall be calculated
based on “pensionable compensation” (Section 7522.10)
rather than compensation earnable (Section 20636).
22.1.3.3 The employee contribution for new (PEPRA) unit members
shall be one- half the normal cost as determined by
CalPERS. The required employee contribution for new
members is 12.75%. This amount will be adjusted periodically
by CalPERS.
22.2 Optional Benefits
22.2.1 The City’s contract with the CalPERS includes the additional benefit of
Service Credit for Unused Sick Leave.
22.2.2 The City’s contract with the CalPERS includes participation in the two-
year Golden Handshake program as authorized by the State Legislature.
The availability of this benefit shall be within the discretion of the City
Council.
22.2.3 The City’s contract with the CalPERS includes the Employer-Paid Member
Contribution in base pay during the final compensation period.
22.2.4 CalPERS Service Credit for Military Service
22.2.4.1 The CalPERS Military Service Credit Purchase Assistance
Plan described below shall be made available to full time
regular employees who have completed their initial
probation period with the City.
22.2.4.2 The City’s contract with CalPERS includes the provisions of
Section 21024, Military Service Credit as Public Service.
Eligible employees with qualifying military service can
contact CalPERS and arrange to be billed for the service
credit (CalPERS’ estimate is $5,000 per year of service).
The City shall reimburse the employee for 25% of the
amount of the bill.
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22.2.4.3 If desired, the employee may apply for a loan from the City
for the remaining 75%. The employee shall apply for the loan
on a City-provided loan application. If the employee
qualifies, the City will fund the loan on an interest-free basis.
Loan payments must be by payroll deduction. Each loan
payment period shall not exceed six years. The City may
require collateral.
22.2.4.4 Any remaining loan balance must be paid in full at the time
of separation of employment. Payment will be made directly
and/or by deduction from the last paycheck. In the event an
outstanding balance remains, the employee is responsible
for making payment arrangements. The failure to make full
payment will obligate the employee to pay the City’s
attorney’s fees in any restitution process.
22.3 Health Insurance During Retirement
22.3.1 For Association employees who, at the time of retirement during the term
of this MOU from the City of Azusa, have attained the age of fifty (50) and
have at least twenty (20) cumulative years of City service, the City will
provide lifetime medical insurance for the employee and spouse at the
time of retirement. This coverage will be at the PERS highest HMO rate.
22.3.2 For Association employees who, at the time of retirement during the term
of this MOU from the City of Azusa, have attained the age of fifty(50) and
have at least fifteen (15) cumulative years of City service, the City will
provide 75% of the PERS highest HMO rate for the employee only.
22.3.3 For Association employees who, at the time of retirement during the term
of this MOU from the City of Azusa, have attained the age of fifty (50) and
have at least ten (10) cumulative years of City service, the City will provide
50% of the PERS highest HMO rate for the employee only.
22.3.4 Should the employee select a less expensive plan, the differential may be
applied to dental COBRA for a maximum period of eighteen (18) months
but not as a cash benefit to the employee.
22.3.4.1 The City affirms the provision of health benefits for those
APEA members who retire during the term of this MOU, as
described above, will not be revoked by the City during that
member’s and/or eligible spouse’s lifetime (defined as until
the member’s and/or eligible spouse’s death). The City will
reimburse, to the extent applicable, all yearly Medicare
premiums and associated plan costs once a retired APEA
member, or a retired APEA member and eligible spouse,
enroll in Medicare.
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
27
22.3.4.2 Upon death of a retiree the City shall pay for the cost to
continue medical coverage (no greater than the single-
coverage premium for the L.A/ PERS care plan) for the
spouse for a period of five years or until the spouse reaches
Medicare age (whichever occurs first). This benefit shall
cease if the spouse remarries prior to the expiration of the
five year period or attaining Medicare age (whichever occurs
first). This benefit is only available to a spouse married to a
retiree at the time of retirement.
22.3.4.3 The City will reimburse all APEA members for all yearly
Medicare premiums and associated plan costs once a
retired APEA member, or a retired APEA member and
eligible spouse, enroll in Medicare.
22.3.5 Police Captains hired as Laterals after January 1, 2021:
22.3.5.1 For unit members hired as Laterals after the ratification of
this agreement or members promoting to the membership
from APMA who are under the PORAC Retiree Medical
Trust plan, the City will make monthly contributions to the
PORAC retiree medical trust in lieu of lifetime medical with
the City’s monthly contribution as follows:
Years of Continuous Service City Contribution
1-5 Years of Continuous Service* $150/month
5+ Years of Continuous Service* $250/month
Contribution to the Trust of these funds will follow the agreement
guidelines between APEA and PORAC.
* Until employee retires or separates from employment.
22.4 Retirement Planning Seminar
22.4.1 Employees who are in their “final compensation period” for CalPERS
purposes shall be allowed to attend one nearby CalPERS retirement
planning/information seminar at City expense and on City time. Such attendance
shall be considered to be a training expense chargeable to the employee’s “home”
division.
23. TUITION REIMBURSEMENT
23.1.1 Objective
23.1.1.1 The tuition reimbursement program is designed to
encourage employees to continue their self-development by
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
28
enrolling in approved classroom courses, which will:
23.1.1.2 Educate them in new concepts and methods in their
occupational field and prepare them to meet the changing
demands of their job.
23.1.1.3 Help prepare them for advancement to positions of greater
responsibility in the City of Azusa.
23.2 Eligibility
23.2.1 All regularly appointed employees are eligible to receive tuition
reimbursement. Courses must commence after appointment and be in
excess of the educational standards for the position. An example of this
would be job-related college or university courses when the specification
for the classification calls for high school graduation.
23.2.2 Courses must be (except where noted below in paragraphs 23.3.3. and
23.3.4.) traditional classroom courses taken at colleges or universities and
approved by the Western Association of Schools and Colleges approved
mail correspondence or internet courses. Distance learning classes
offered by such colleges and universities shall be covered by this provision
Credits given for non-classroom assignments such as life experience,
military training, and professional training are not reimbursable.
23.2.3 Coursework must be related to the employee’s current occupation or to a
City classification to which the employee may reasonably expect
promotion.
23.3 Courses may be eligible if they:
23.3.1 Are above the educational requirements of the position as noted in the
position specification and are not taken to acquire skills, knowledge and
abilities which the employee was deemed to have when appointed the
position.
23.3.2 Do not duplicate training which the employee has already had or which is
to be provided in-house.
23.3.3 Do not duplicate previously taken courses unless special approval has
been granted by the department head and the Human Resources Division.
23.3.4 Are required for the completion of the pre-approved job-related major. An
example would be general education or elective requirements for the
major as stated in the school catalog. Remedial courses or those taken as
required for a non-approved major shall not be eligible.
23.3.5 Lead to a City-approved certificate, license or registration.
Reimbursement may be made for any examination fees required to
successfully obtain the certificate, license or registration. Reimbursement
for eligible expenses will be made after obtaining the license, certificate or
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
29
registration.
23.3.6 Are not taken on City time and must be certified that they are taken on the
employee’s off-duty time.
23.3.7 Are part of a bona-fide curriculum of the study of a foreign language for
which the City pays an incentive.
23.3.8 Have been approved by the Department Head and the City Manager or
his/her designee before commencement of the class.
23.4 Reimbursement
23.4.1 The City shall reimburse employees for tuition, registration fees and texts
required for the eligible courses. Expenses for parking, travel, and meals,
processing fees, transcript fees, materials and any other costs are not
reimbursable.
23.4.2 Employees shall be reimbursed up to the dollar amount charged for the
same number of units per term by California State University system.
23.4.3 In order to be reviewed, each application must state exactly which units or
credits the employee is applying for and whether the courses submitted
are core courses or recommended electives for the approved major.
23.4.4 Reimbursement shall be made upon completion of the course with a
minimum final grade of “C” or its equivalent, i.e., a pass in a pass/fail
course will be considered equivalent to a “C.” No reimbursement shall be
made for audited or incomplete courses.
23.4.5 Employees must submit from the attendant institution an original
certification of fees paid and grade achieved in order to have their
application considered for reimbursement. These documents must
accompany the reimbursement application form in order to be processed.
23.4.6 Application for reimbursement must be submitted within three months of
the completion of the approved course in order to be considered for
reimbursement.
23.4.7 Upon termination from employment, employees shall be required to
reimburse the City for any funds received under this program for courses
completed during the last 24 months of employment. This payback
provision does not apply to employees laid off by the City or who separate
as a result of a City/departmental reorganization.
24. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT
24.1 The parties shall re-open negotiations if (1) the City management medical
coverage is subject to the so-called Cadillac Tax pursuant to the Affordable Care
Act (ACA). 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
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
30
reach an agreement before any changes on these issues can be implemented.
Absent a written agreement signed by both parties, the status quo shall remain.
25. FAIRNESS AGREEMENT
25.1 If the City gives any other bargaining unit(s) a higher amount or higher value of
a benefit (from that which was not already in effect or negotiated as of December
31, 2020) than that which was given to employees in this MOU, employees in
this unit shall be given the same higher amounts or higher value of benefits, for
the following provisions and terms, as those given to the other bargaining unit(s):
Salary increases – (1) for the period of January 1, 2021 through December 31,
2021, if City grants any other bargaining unit a salary increase over than that
stated for the same period in Section 8.1, the City will grant employee(s) in this
unit the same salary increase for the period of January 1, 2021 through
December 31, 2021 with the understanding that any salary increase given will be
deducted from the salary increase to be effective July 1, 2021 as stated in Section
8.2. The total salary increase for this bargaining unit will not exceed the sum total
salary increase(s) stated in Section 8.2 of this contract for the entire term of this
contract, and (2) if the City grants the Police Management group with salary
increases, including compaction and/or market adjustments, over thirteen
percent (13%) for the period of January 1, 2021 through December 31, 2024, the
City will grant employee(s) in this unit the additional salary increase for the
difference between 10% and 13% in the final year of this MOU. For example, if
the Police Management group receives a 16% salary increase over their contract
term, employee(s) in this unit will receive an additional 3% effective July 1, 2023
(difference of 16% minus 13% = 3%).
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
45
I
THIS MEMORANDUM IS THE RESULT OF ARMS-LENGTH NEGOTIATIONS. ALL
PARTIES HAVE BEEN AFFORDED THE OPPORTUNITY FOR REPRESENTATION
AND CAREFUL CONSIDERATION OF TERMS. ALL PARTIES SIGNING THIS
AGREEMENT REPRESENT AND WARRANT THAT THEY ARE AUTHORIZED TO SIGN
ON BEHALF OF THE PARTIES INDICATED.
AZUSA POLICE EXECUTIVE ASSOCIATION
__________________________
Robert Landeros, Police Captain
__________________________
Christopher Grant, Police Captain
CITY OF AZUSA
Sergio Gonzalez, City Manager Date
Talika M. Johnson, Director of Administrative Services Date
ATTEST:
Jeffrey Lawrence Cornejo Jr., City Clerk Date
APPROVED AS TO FORM AND CONSENT
Marco Martinez, Best Best & Krieger Date
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
I
CITY OF AZUSA SALARY SCHEDULE
Effective 1/1/2021
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5
POLICE CAPTAIN 3482 $12,155.60 $12,763.38 $13,401.56 $14,071.63 $14,775.21
Effective 8/1/2021
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5
POLICE CAPTAIN 3482 $12,641.82 $13,273.92 $13,937.61 $14,634.49 $15,366.22
Effective 8/1/2022
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5
POLICE CAPTAIN 3482 $13,147.50 $13,804.87 $14,495.12 $15,219.87 $15,980.86
Effective 8/1/2023
Classification Range Step 1 Step 2 Step 3 Step 4 Step 5
POLICE CAPTAIN 3482 $13,804.87 $14,495.12 $15,219.87 $15,980.86 $16,779.91
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
45635.05003\29013385.3 i
INDEX
Additional Compensation/Premium Pay, 6
Acting Employee, 6
Bereavement Leave, 9
Bilingual Pay, 6
Deferred Compensation (City-paid), 6
Educational Incentive Pay, 6-7
Holidays, 9-11
Longevity Pay, 7-8
Uniform Allowance, 8
Additional Compensation/Premium Pay, 6
City Rights, 2
Conformance with Rules, 4
Meet and Confer, 4
Damage to Personal Effects, 20
Disability Insurance, 22-23
Employee Assistance Plan, 20
Flexible Benefit Plan, 20
Amount of Monthly Benefit, 20
Definition, 20
Eligibility, 21
Termination, 22
Health Insurance During Retirement, 26
Industrial Leave, 11
License Renewal, 23
Life Insurance, 23
Maintenance of Existing Benefits, 2
Non-discrimination, 2
Anti-discrimination, 2
Protection of Rights, 2
Outside Employment, 23
Payroll Deduction, 23-24
Physical Examinations, 24
Retirement, 24
Optional Benefits, 25-26
Retirement Planning Seminar, 28
Salary, 5-6
Automatic Payroll Deposit, 6
Separability, 2
Sick Leave, 11-13
Accrual and Use, 12
Conversion Deadline, 14-15
Conversion to Cash Upon Separation, 18-19
Conversion to Service Credit Upon Retirement, 17-18
Mandatory Conversion Prior to Retirement, 14-17
APEA MEMORANDUM OF UNDERSTANDING, JANUARY 1, 2021 THROUGH DECEMBER 31, 2024
ii
One-Fourth Conversion, 13
One-Third Conversion, 14
Reasons for Use of Sick Leave, 11-12
Sick Leave Donation Policy, 13
Sick Leave During Probation, 11
Sick Leave During Vacation, 11
Term of Memorandum of Understanding, 1
Total Compensation, 1
Tuition Reimbursement, 28-30
Eligibility, 28
Objective, 28
Reimbursement, 29
Vacation Leave, 19
Accrual, 20
Cash-In Policy, 19
Required Usage and Carryover, 19
Workweek and Timekeeping Interval, 5
Timekeeping Interval, 5
Workday, 5
Workweek, 5