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 4, 2024
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 has been in Negotiations with the Civilian Association of Police Personnel (CAPP). Mutual
agreement between the City of Azusa and CAPP has been reached; therefore, Negotiations with the
CAPP has been concluded. This action will amend and restate the existing Memorandum of
Understanding (MOU) of the CAPP with a contract term through June 30, 2028.
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, 2024. Negotiations with CAPP
commenced in May 2024. Sessions consisted of several discussions, including: City’s current financial
position; future financial projections; the impacts of medical cost increases; and several other
operational considerations.
CAPP is comprised of police dispatchers, police records personnel, community service officers, and
other non-sworn administrative staff. Over the past four years, the City accomplished the goals of its
fiscal sustainability plan, achieving a balanced budget and strengthened cash reserves position.
Concurrent with the implementation of the fiscal sustainability plan, national and local inflationary
environments have impacted costs significantly, offsetting some of the benefits of the enhanced
revenues. While the City’s revenue base remains stable, revenue growth in some areas are not keeping
pace with rising costs. The proposed amended and restated CAPP MOU considers the City’s financial
Approved
City Council
November 4, 2024
CAPP MOU July 1, 2024 – June 30, 2028
November 4, 2024
Page 2
forecasts and local, state and national economic factors, while taking steps to ensure the City is able to
attract and retain a qualified workforce to serve the Azusa Community and continuing to be financially
prudent. Therefore, 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: July 1, 2024 through June 30, 2028
2. Cost of Living Adjustment: Fiscal Year 2024-2025: 3%
Fiscal Year 2025-2026: 3%
Fiscal Year 2026-2027: 4%
Fiscal Year 2027-2028: 4%
3. Salary Range Adjustment: Effective July 1, 2024 the following classifications to
receive one-time 5% salary range adjustment due to better
align salaries with internal and external market
comparisons:
• Police Records Specialist
• Senior Police Records Specialist
• Police Records Supervisor (an unrepresented
position with benefits tied to CAPP)
4. P.O.S.T Certification Pay: Add P.O.S.T Certificate pay:
• Intermediate Cert $75 per month
• Advanced Cert $125 per month
5. Deferred Compensation: Increase City’s contribution from $100 to $125 per month.
6. Longevity Premium: Increase monthly Longevity Pay as follows:
7-year tier from $ 80 to $100
10-year tier from $100 to $200
15-year tier from $200 to $300
20-year tier from $300 to $400
7. Overtime Meal Period: Increased from $17 to $18 with automatic increases to the
GSA lunch rate.
8. Flexible Benefit Plan (FBP): Increase FBP contributions for medical coverage:
• Effective July 1, 2024, increase City’s FBP
contribution from $1,500 to $1,700
• Effective July 1, 2026, increase City’s FBP
contribution from $1,700 to $1,800
CAPP MOU July 1, 2024 – June 30, 2028
November 4, 2024
Page 3
• Modify medical opt-out cash in lieu of FBP
contribution for members hired January 1, 2018 or
after from $300 to $500 per month
• Cap FBP amount that can be used to purchase
supplemental insurances to $500 per month
• Authorize the City Manager to re-open discussion
of the City’s FBP contribution for year 4 of the
MOU contract period due to continued rising cost of
medical benefits
9. Wellness Program: New. The City and CAPP agree to work together to
develop a Wellness Program and return to City Council for
approval on a Side Letter of Agreement.
10. Holidays: Addition of Federally recognized Juneteenth (June 19th)
Holiday.
Added clarifying language for Recognized vs. Designed
holidays for the purpose of pay.
11. Callback: Add the following language to Section 13.2 Callback:
Work related phone calls are included in this provision and
shall be compensated at a minimum of (2) hours Callback
compensation. Multiple work phone calls on a single day,
not resulting in (2) hours of work performed, shall only be
compensated at the minimum of (2) hours Callback
compensation and shall not be added as (2) hours Callback
compensation per phone call.
12. Training Pay: Add the following bolded, italicized language to Section
13.8 Training Pay:
Association employees shall receive training pay at the rate
of five percent (5%) in addition to base salary while
actively assigned to train a person to perform the functions
of their respective divisions or complete evaluations or
DORs.
Staff recommends the Council consider and approve the proposed MOU. The attached MOU is in draft
format as staff may need to make some non-substantive edits, such as numbering, order of provisions,
minor wording edits, etc. until the document is fully executed by all parties.
FISCAL IMPACT:
The cost of the aforementioned CAPP benefit adjustments impacting 28 budgeted positions is estimated
at $676,825 in total for the four-year term of this contract, of which 100% is allocated to the General
CAPP MOU July 1, 2024 – June 30, 2028
November 4, 2024
Page 4
Fund. The first-year cost of approximately $190,975 has mostly been included in the Fiscal Year
2024/25 Adopted Budget, however, due to anticipated salary savings from vacancies no additional
budget is requested. 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
DRAFT
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF AZUSA
AND
THE CIVILIAN ASSOCIATION OF
POLICE PERSONNEL
EFFECTIVE JULY 1, 2024 THROUGH JUNE 30, 2028
TABLE OF CONTENTS
ii
1. TERM OF MEMORANDUM OF UNDERSTANDING ............................................................. 1
2. IMPLEMENTATION .............................................................................................................. 1
3. MAINTENANCE OF EXISTING BENEFITS .......................................................................... 1
4. NON-DISCRIMINATION ....................................................................................................... 2
4.1 Protection of Rights ............................................................................................................... 2
4.2 Anti-Discrimination ................................................................................................................ 2
5. REOPENER .......................................................................................................................... 2
6. SAVINGS CLAUSE ............................................................................................................... 2
7. SEPARABILITY ..................................................................................................................... 3
8. TOTAL COMPENSATION ..................................................................................................... 3
9. CITY RIGHTS ....................................................................................................................... 3
9.1 Management Rights .............................................................................................................. 3
9.2 Conformance with Rules ....................................................................................................... 4
9.3 Meet and Confer ................................................................................................................... 5
10. UNION RIGHTS .................................................................................................................... 5
10.1 New Employee Orientation .................................................................................................. 5
10.2 Dues Deductions ................................................................................................................. 5
10.3 Indemnification .................................................................................................................... 5
11. WORKWEEK AND TIMEKEEPING INTERVAL ..................................................................... 6
11.1 Workweek ........................................................................................................................... 6
11.2 Workday .............................................................................................................................. 8
11.3 Timekeeping Interval ........................................................................................................... 8
12. SALARY ................................................................................................................................ 8
12.1 COST OF LIVING ADJUSTMENT (COLA) .......................................................................... 9
12.2 SALARY ADJUSTMENT FOR POLICE RECORDS POSITIONS ........................................ 9
TABLE OF CONTENTS
iii
12.3 Automatic Payroll Deposit ................................................................................................... 9
13. ADDITIONAL COMPENSATION/ PREMIUM PAY ................................................................ 9
13.1 Bilingual Pay ....................................................................................................................... 9
13.2 Callback Pay ....................................................................................................................... 9
13.3 Court Time ....................................................................................................................... 10
13.4 Deferred Compensation (City-Paid) ................................................................................... 11
13.5 Longevity Pay .................................................................................................................... 11
13.6 Overtime/Compensatory Time ........................................................................................... 12
13.7 Shift Differential ............................................................................................................... 13
13.8 Training Pay ..................................................................................................................... 13
13.9 Uniform Allowance ........................................................................................................... 14
13.10 Standby Pay ................................................................................................................... 14
13.11 Take Home Vehicle ....................................................................................................... 14
13.12 POST Certificate Pay .................................................................................................... 14
14. DAMAGE TO PERSONAL EFFECTS ................................................................................. 14
15. EMPLOYEE ASSISTANCE PLAN ....................................................................................... 15
16. FLEXIBLE BENEFIT PLAN ................................................................................................. 15
16.1 Definition ........................................................................................................................... 15
16.2 Eligibility ............................................................................................................................ 15
16.3 Amount of Monthly Benefit ................................................................................................ 15
16.4 Opt out or Opt for Less Coverage ...................................................................................... 16
16.5 Termination ....................................................................................................................... 16
17. LEAVE TYPES .................................................................................................................... 17
17.1 Bereavement Leave .......................................................................................................... 17
17.2 Reproductive Loss Leave .................................................................................................. 17
TABLE OF CONTENTS
iv
17.3 Holidays ............................................................................................................................ 17
17.4 Industrial Leave ................................................................................................................. 20
17.5 Sick Leave ........................................................................................................................ 22
17.6 Vacation Leave ................................................................................................................. 25
18. LICENSE RENEWAL .......................................................................................................... 26
19. LIFE INSURANCE .............................................................................................................. 26
20. DISABILITY INSURANCE (SHORT TERM/LONG TERM) .................................................. 27
21. RETIREMENT ..................................................................................................................... 27
21.1 CalPERS Optional Benefits ............................................................................................... 28
21.2 Health Insurance During Retirement.................................................................................. 28
22. FLEXIBLE STAFFING POSITIONS ..................................................................................... 30
23. JOB SHARING .................................................................................................................... 30
24. LAY OFF ............................................................................................................................. 31
25. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT .................................... 32
1
CITY OF AZUSA
THE CIVILIAN ASSOCIATION OF POLICE PERSONNEL
MEMORANDUM OF UNDERSTANDING
JULY 1, 2024 THROUGH JUNE 30, 2028
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 July
1, 2024 and shall continue in full force and effect until June 30, 2028.
2. IMPLEMENTATION
This document is subject to approval of the City Council of the City of Azusa,
and following such approval shall be implemented by appropriate resolution(s)
or ordinance(s) of the City Council.
3. MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all wages, hours and economic terms and conditions
of employment presently enjoyed by employees shall remain in full force and effect
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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 agree that they shall not discriminate against
any employee because of race (including, but not limited to, hair texture and
protective hairstyles such as braids, locks, and twists), color, religious creed
(including religious dress and religious grooming practices), national origin,
ancestry, citizenship status, age (40 years and older), sex (including
pregnancy, perceived pregnancy, childbirth, breastfeeding, or related
medical conditions), gender, gender identity and expression (including
transgender identity and expression), because an individual has
transitioned (to live as the gender with which they identify), is transitioning
(or is perceived to be transitioning), sexual orientation, sex stereotyping,
marital status, domestic partner status, military service and veteran status,
physical and/or mental disability (including HIV and AIDS), legally protected
medical condition or information (including genetic information,) protected
medical leaves (requesting or approved), status as a victim or status as a
victim of domestic violence, sexual assault, or stalking, enrollment in a
public assistance program, political affiliations, or any other basis protected
by local, state, or federal 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.
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7. SEPARABILITY
Should any provisions of this document be found to be inoperative, void, or invalid
by a court of competent jurisdiction, all other provisions of this document shall
remain in full force and effect for the duration of this document.
8. TOTAL COMPENSATION
As a matter of philosophy, the City recognizes that compensation consists of terms
and conditions of employment other than those represented solely by salary.
Further, the City recognizes that the changes in wages, hours and other terms and
conditions of employment as set forth in this document constitute additions to the
total compensation received by affected employees.
9. CITY RIGHTS
9.1 Management Rights
The City reserves, retains and is vested with, solely and exclusively, all
rights of Management which have not been expressly abridged by specific
provision(s) of this document or by law to manage the City, as such rights
existed prior to the execution of this document. The sole and exclusive
rights of Management, as they are not abridged by this document or by law,
shall include, but not be limited to, the following:
9.1.1 To manage the City generally and to determine the issues of
policy.
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
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limited to, the right to contract for or subcontract any work or
operations of the City.
9.1.9 To assign work to and schedule employees in accordance
with requirements as determined by the City and to establish
and change work schedules and assignments.
9.1.10 To relieve employees from duties for lack of funds or lack of
work or similar non-disciplinary reasons.
9.1.11 To establish and modify productivity and performance
programs and standards.
9.1.12 To discharge, suspend, demote or otherwise discipline
employees for proper cause.
9.1.13 To determine job classification and to reclassify employees.
9.1.14 To hire, transfer, promote or demote employees for non-
disciplinary reasons in accordance with this 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.
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9.3 Meet and Confer
Except in emergencies, or where the City is required to make changes
in its operations because of the requirements of law, whenever the
exercise of Management's rights shall impact on employees of the
bargaining unit, the City agrees to meet and confer with representatives
of the Association regarding the impact of the exercise of such rights,
unless that matter of the exercise of such rights is provided for in this
document, or in Personnel Rules and Salary Resolutions and
Administrative Code(s) which are incorporated in this document. By
agreeing to meet and confer with the Association as to the impact and
the exercise of any of the foregoing City Rights, Management's
discretion in the exercise of these rights shall not be diminished.
10. UNION RIGHTS
10.1 New Employee Orientation
In accordance with AB 119, the City shall notify the Board when a new
employee is hired into the bargaining unit, including during new employee
onboarding and when a new employee orientation occurs. A Board
Representative will notify the City when a new employee has signed a
membership card authorizing membership dues deduction and when such
deductions shall begin. The City shall also provide the Association Board
with periodic lists of employees in the bargaining unit. The City shall also
provide reasonable paid release time of an hour for the Board to meet with
new employees for the purposes of discussing membership in the
Association.
10.2 Dues Deductions
The City shall deduct dues on a regular payroll basis from the pay of all
Association members. Such deductions shall be authorized in writing on a
form approved and provided by the Association for this purpose. The
membership cards shall be retained by the Association. The City shall rely
on a certification from the Association for the authorization, modification, or
cancellation of any/all dues deductions. The City shall remit such funds to
the Association within thirty (30) days following their deduction.
10.3 Indemnification
In accordance with SB 866, the Association shall indemnify, defend, and
hold the City harmless against any liability arising from any claims,
demands, or other action relating to the City’s compliance with the terms of
this Article.
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11. WORKWEEK AND TIMEKEEPING INTERVAL
11.1 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.
11.1.1 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.
11.1.2 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 10 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.
11.1.3 Employees scheduled to work a 3/12.5 work schedule will
have a Supplemental Shift which will occur every other pay
period.
11.1.3.1 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
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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.
11.1.3.2 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.
11.1.3.3 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".
11.1.3.4 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.
11.1.3.5 Any time a new shift design is established (e.g.,
4/10, 3/12, number of Dispatchers change, etc.),
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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.
11.1.3.6 Vacation and shift payback selection is made
based on seniority during a given time frame as
established by the Unit Supervisor.
11.2 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.
11.3 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.
12. SALARY
The base monthly salary of employees in the unit covered by this MOU are set
forth in Exhibit A.
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12.1 COST OF LIVING ADJUSTMENT (COLA)
12.1.1 Effective July 1, 2024, all members in this unit will receive a
three percent (3%) COLA increase to base pay.
12.1.2 Effective July 1, 2025, all members in this unit will receive a
three percent (3%) COLA increase to base pay.
12.1.3 Effective July 1, 2026, all members in this unit will receive a
four percent (4%) COLA increase to base pay.
12.1.4 Effective July 1, 2027, all members in this unit will receive a
four percent (4%) COLA increase to base pay.
12.2 SALARY ADJUSTMENT FOR POLICE RECORDS POSITIONS
Effective July 1, 2024, the base salary range of Police Records Specialist
and Senior Police Records Specialist will be increased by five percent (5%).
12.3 Automatic Payroll Deposit
The City will continue to offer Automatic Payroll Deposit in cooperation with
any bank that utilizes the Automated Clearing House service.
13. ADDITIONAL COMPENSATION/ PREMIUM PAY
13.1 Bilingual Pay
The City shall pay an additional $125 per month to personnel demonstrating
a proficiency in a foreign language if they are assigned and required to
speak and translate a foreign language in performance of their duties. An
additional payment of $125 per month shall be paid to those who are
proficient in writing in the foreign language as well.
Such payment is conditional upon demonstration of a foreign language
proficiency by a qualified third- party examiner mutually agreed upon by
both the City and the Association.
13.2 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
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section only, the time starts when the Callback call is received by the
employee.
Work related phone calls are included in this provision and shall be
compensated at a minimum of (2) hours Callback compensation. Multiple
work phone calls on a single day, not resulting in (2) hours of work
performed, shall only be compensated at the minimum of (2) hours Callback
compensation and shall not be added as (2) hours Callback compensation
per phone call.
13.2.1 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.
13.3 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
employee's home; (3) via an answering machine or voicemail; or (4) via
email to the employee’s City email address.
13.3.1 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
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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.
13.4 Deferred Compensation (City-Paid)
The City shall provide access to a deferred compensation program
authorized by the City Council for voluntary participation by employees. The
City shall contribute one-hundred twenty-five dollars ($125) per month in
deferred compensation to each employee.
Each year during the open enrollment period employees whose premiums
exceed their FBP contribution (see section 16) amount have the option to
redirect up to 100% of the City paid deferred compensation contribution and
have that amount added to their FBP contribution.
13.5 Longevity Pay
The City provides the following 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 $100 $100
10 $200 $200
15 $300 $300
20 $400 $400
(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
with 3 years of experience prior to coming into the City, after working for the
City for five (5) years, would then obtain the seven (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.
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13.6 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 at a rate of time-and-one-
half. 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.
13.6.1 Overtime Meal Policy
Employees shall not be required to submit receipts to
receive a meal stipend. Throughout the duration of this
MOU, the rate of meal stipends provided will be equivalent
to the U.S. General Services Administration (“GSA”) lunch
rate for Zip Code 91702 (“GSA lunch rate”) as periodically
updated (currently eighteen dollars $18.00 as of ratification
of this MOU).
13.6.1.1 Beyond Regular Shift
When an employee is required to work
continuous, unplanned overtime beyond his
or her regular shift, he or she shall be
provided with a meal and time to eat the meal
no more than two hours after the
commencement of such work and no less
frequently than every four hours actually
worked thereafter or he or she shall receive a
meal reimbursement equivalent to the GSA
lunch rate for each such period.
13.6.1.2 Outside of Regular Shift
When an employee is required to perform
scheduled or unscheduled work outside of his
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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 equivalent to
the GSA lunch rate for each such four (4)
hour period.
13.6.1.3 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 equivalent to
the GSA lunch rate for each such four (4)
hour period.
13.7 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.
13.8 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 or while required to
complete evaluations or DORs.
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13.9 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
13.10 Standby Pay
An employee assigned by the Chief of Police or their designee as the Azusa
Police Department’s Property, Evidence and Crime Scene Technician shall,
in addition to monthly basic pay, receive a minimum of ten (10) hours of
Standby time, at the Premium rate (currently time-and-one-half.)
13.11 Take Home Vehicle
An employee assigned by the Chief of Police or their designee as the Azusa
Police Department’s Property, Evidence and Crime Scene Technician shall
be assigned a take-home city vehicle for the purposes of making them
available for emergency response after normal business hours. The
standby vehicle shall not be used for personal business.
13.12 POST Certificate Pay
The City will pay all members the following California Police Officer
Standards and Training (P.O.S.T.) Certificate incentive for the highest
certificate obtained:
• Intermediate P.O.S.T. – Seventy-five dollars ($75) per month
• Advanced P.O.S.T. – One hundred twenty-five dollars ($125) per month
14. DAMAGE TO PERSONAL EFFECTS
If, in the course of business, an office employee's personal clothing or effects is
accidentally damaged or destroyed, the employee may submit a claim for
reimbursement up to one hundred dollars ($150) to the department head or their
designee. The department head or designee shall have the authority to investigate
the claim and recommend to the City Manager, or their 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
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glasses or contact lenses and hearing aid devices are exempt from the one
hundred fifty-dollar ($150) limit.
15. EMPLOYEE ASSISTANCE PLAN
The City will continue to maintain the Employee Assistance Plan.
16. FLEXIBLE BENEFIT PLAN
16.1 Definition
The City maintains an IRS Section 125 Flexible Benefit Plan (FBP)
administered by either the City or its designee and contributes monies to
employees as cash and/or to purchase qualified benefits. This plan is
voluntary and 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 contribution, the excess
shall be deducted from pre-tax wages.
16.2 Eligibility
In order for an employee to be eligible for the FBP contribution in any given
month, they must be on payroll on the first work day (excluding recognized
paid City holidays) of that month.
An employee will be eligible for the full FBP applicable to their bargaining
unit if they begin 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 Administrative Services Department will notify
the employee if they have not met the qualifying work time for eligibility for
the FBP.
16.3 Amount of Monthly Benefit
Effective July 1, 2024, the monthly FBP contribution allotment is one
thousand seven hundred dollars ($1,700) per month for each employee.
Effective July 1, 2026, the monthly FBP contribution allotment is one
thousand eight hundred dollars ($1,800) per month for each employee.
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Each year during the open enrollment period, employees whose premiums
exceed their FBP contribution amount have the option to redirect up to
100% of the City paid deferred compensation contribution and have that
amount added to their FBP contribution (see Section 13.4 for the deferred
compensation contribution amount).
16.4 Opt out or Opt for Less Coverage
The City will provide cash-out options for any employee who provides proof
of other medical coverage for themselves and their dependents and opts
out of the City’s medical coverage (medical waiver).
Employees hired before January 1, 2018:
For those employees hired into a full-time status before January 1, 2018
and provides proof of other medical coverage for themselves and their
dependents or otherwise does not use the entire FBP amount, the City will
provide up to a maximum of one thousand dollars ($1,000.00) per month
(cash-out). Whether an employee opts out of medical coverage or not, the
maximum amount of FBP the City will contribute to an employee to
purchase vision, dental, and/or other supplement benefits is five hundred
dollars ($500) per month. If an employee wants to purchase supplemental
benefits in excess of five hundred ($500) per month, they may do so by
reducing the amount of FBP cash-out received or by paying out of pocket.
Employees hired on or after January 1, 2018:
Employees hired into a full-time status on or after January 1, 2018 may opt
out of the City’s medical coverage and receive five hundred dollars ($500)
in lieu of participation (cash-out). If an employee opts out of medical
coverage, they may also use up to an additional five hundred dollars ($500)
of FBP contribution to purchase vision, dental, and/or other supplement
benefits at the employee’s option. If an employee wants to purchase
supplemental benefits in excess of five hundred ($500), they may do so by
reducing the amount of FBP cash-out received or by paying out of pocket.
16.5 Termination
The City will not be responsible for payment of any qualified benefits on
behalf of the employee following the month of termination. The City’s
monthly FBP contribution will be pro-rated based on the number of hours
the employee works in the termination month. If an employee wishes to
continue their qualified benefits, advance payment for such qualified
benefits will be deducted from the employee's final pay.
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17. LEAVE TYPES
17.1 Bereavement Leave
An employee may be permitted to take up to forty (40) hours of
Bereavement Leave in the event of the death of a member of his or her
immediate family. "Immediate family" member is herewith defined as a
mother, father, step-parents, brother, sister, step-siblings, domestic partner,
child, mother-in-law, father-in-law, grandparents, grandparents-in-law or
relative living within the employee's household. Person in loco parentis may
also be considered under certain circumstances. Such leave shall not be
charged against the employee's Sick Leave or Vacation Leave. In addition
to Bereavement Leave, an employee may request up to twenty (20) hours
of Sick Leave in the event of the death of an immediate family member.
Such leave shall be charged against the employee's accrued Sick Leave
balance and shall be considered in calculating his or her ability to convert
the balance.
17.2 Reproductive Loss Leave
An employee who have worked for at least 30 days with the City may be
permitted to take up to five (5) days of leave in the event of reproductive
loss. A “reproductive loss event” is herewith defined as any of the following:
Miscarriage, Stillbirth, Failed adoption, Failed surrogacy, and Unsuccessful
assisted reproduction. In addition, the reproductive loss event can be the
employee’s own or that of another person if the employee would have been
the parent of the child born or adopted. This leave can be taken
consecutively or intermittently as long as it is completed within three (3)
months of the reproductive loss event. Such leave shall not be charged
against the employee's Sick Leave or Vacation.
Moreover, if an employee experiences more than one (1) reproductive loss
event in a year, they are entitled to no more than twenty (20) days in that
one-year period. Such leave, if in excess of five (5) days in a one-year
period, shall be charged against the employee's accrued Sick Leave
balance and shall be considered in calculating their ability to convert the
balance.
Reproductive Loss Leave requests for other reasons than the listed
definitions may be approved by Department Head and Director of
Administrative Services.
17.3 Holidays
17.3.1 Designated Holidays
This MOU makes two distinctions of Designated Holidays
for the purpose of pay: (1) Observed – which is the day the
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City designates to close down general government
services because the actual holiday falls on a normally
closed business day and (2) Recognized – which is the
day the actual holidays falls on regardless if the holiday
falls on a day the City is open for general government
services.
The employee shall receive time off with pay for the
following Observed 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 on the day the holiday is Recognized,
the employee will receive holiday pay for that workday in
the same period in which the Recognized holiday falls, in
addition to his or her pay for actual hours worked. If an
Observed or Recognized holiday fall on an employee's
scheduled day off, the employee shall receive holiday pay
in the same pay period in which the holiday is Observed.
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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Recognized Holiday Observed Holiday
Holiday Schedule Month FY 2024/2025 FY 2025/2026 FY 2026/2027 FY 2027/2028
Independence Day
July 4th July 4* 7 6 5
Labor Day
1st Monday in
September
Sept 2 1 7 6
Columbus Day
2nd Monday in October Oct 14 13 12 11
Veteran’s Day
November 11th Nov 11* 11* 11* 11*
Thanksgiving Day
4th Thursday in
November
Nov 28 27 26 25
Christmas Day
December 25th Dec 25* 25* 28 27
New Year’s Day
January 1st Jan 1* 1* 4 3
Martin Luther King Day
3rd Monday in January Jan 20 19 18 17
President’s Day
3rd Monday in February Feb 17 16 15 21
Memorial Day
Last Monday in May May 26 25 31 29
Juneteenth
June 19th June 19* 22 21 19*
* = Recognized and Observed Holiday on same date
Employees are not required to take off on the scheduled holiday.
17.3.2 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
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duty starts within 2.5 hours of shift start time or ends within
2.5 of shift end time. The employee shall be paid for such time
as if he or she had been at work for these hours.
17.3.3 Floating Holidays
The City and the Association agree to two floating holidays of
ten (10) hours each. All floating holidays shall be requested in
advance from the appropriate department head or division
chief. Enough employees shall remain at work during floating
holidays so that the City's business may be conducted.
Floating holidays shall accrue on July 1 and must be taken by
the following June 30, or the hours will be forfeited.
17.4 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:
17.4.1 An employee granted Industrial Leave shall continue to be
compensated at his regular rate of pay in lieu of temporary
disability payments.
17.4.2 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 16.3.1 above.
17.4.3 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.
17.4.4 After 90 calendar days Employees who are disabled
because of a work-related illness or injury receive Industrial
Leave pay in lieu of Total Temporary Disability payments
and may supplement these payments with sick leave,
vacation leave or compensatory time off they have earned.
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If deemed temporarily totally disabled or permanently
disabled and unable to return to work, employees may
apply for Long Term Disability.
17.4.5 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.
17.4.6 Except as provided in 16.3.2, no employee shall have
accrued sick leave deducted while on industrial leave.
Vacation and Sick Leave shall accrue for an employee on
Industrial Leave.
17.4.7 Industrial Leave shall expire when one of the following
conditions occurs:
17.4.7.1 Employee is able to return to work to his
regular position.
17.4.7.2 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:
17.4.7.3 The employee's condition is determined to be
permanent or of an extended duration.
17.4.7.4 The degree of disability precludes continued
employment by the employee in his/her
present position.
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17.4.7.5 After thirty-nine (39) weeks of industrial
disability payments.
17.4.8 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.)
17.5 Sick Leave
Sick Leave shall not be construed as a right, which an employee may
use at his or her discretion, but shall be allowed only in case of necessity
or actual sickness or disability. 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.
17.5.1 Reasons for Use of Sick
Sick leave shall be granted for the following reasons:
17.5.1.1 Personal illness or physical incapacity.
17.5.1.2 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.
17.5.1.3 Enforced quarantine of the employee in
accordance with Health Department
regulations.
17.5.1.4 Medical, dental, and optical appointments.
17.5.1.5 Personal Business not to exceed a maximum
of thirty (30) hours during any one (1)
calendar year. Personal Business means
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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.
17.5.2 Restrictions on Sick Leave
17.5.2.1 Disability arising from any sickness or injury
purposely self-inflicted.
17.5.2.2 Sickness or disability sustained while on
leave of absence, other than regular Vacation
Leave.
17.5.2.3 Disability or illness arising from compensated
employment other than with the City.
17.5.2.4 Sick leave use under Section 16.4.1.2 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
16.4.1.2 has an illness, injury, or condition,
which may be expected to be of long duration,
has no reasonably date of termination and
requires continuous or intermittent care by the
employee.
17.5.3 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
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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.
17.5.4 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.
17.5.5 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, bereavement, or reproductive loss
leave, they would have the following options:
17.5.5.1 Carry over the accrual and add it to their sick
leave balance.
17.5.5.2 Convert, only to the extent that their balance
is more than zero at the beginning of the new
year, one-fourth of the accrual to vacation or
convert one-fourth to cash (but no
combination of these two); unused,
unconverted leave would then be added to
the employee's sick leave balance.
17.5.6 One-Third Conversion
If the employee has used no more than three days of sick
leave, not including time spent on personal business,
bereavement, or reproductive loss leave, they have the
following options:
17.5.6.1 Carry over the accrual and add it to their sick
leave balance.
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17.5.6.2 Convert, only to the extent that their 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.
17.5.7 Conversion to Cash upon Retirement or Separation
The employee may convert fifty percent (50%) of their
accrued Sick Leave balance to cash upon death (provided
he or she has attained permanent status); disability
retirement (provided they has been employed by the City
a minimum of five (5) years); or voluntary retirement
(provided they 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 their 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.
17.5.8 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
their accrued Sick Leave balance, less any amount
converted to cash under the provisions of Section 17.4.7.,
to retirement service credit.
17.5.9 Conversion Deadline
A decision to convert Sick Leave according to the policies
stated shall be made by March 31.
17.6 Vacation Leave
17.6.1 Required Usage and Carryover
An employee shall be required to use one half(½) of their
annual vacation accrual yearly and shall be able to carry over
one half(½) of one year's vacation accrual from one year to
the next, cumulatively, up to a maximum of fifty-two (52) times
the then-current pay period rate of vacation accrual. New unit
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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 their vacation before reaching
the maximum, it shall be within the department head's
authority to authorize cash payment in lieu of time off.
17.6.2 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.
17.6.3 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
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 for each employee which is equal to one
(1X) times of their annual salary, rounded up to the nearest one thousand dollars
($1,000), but not to exceed a maximum of two hundred thousand dollars
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($200,000). The calculation of annual salary excludes overtime, standby, callback
and other forms of supplemental compensation.
20. DISABILITY INSURANCE (SHORT TERM/LONG TERM)
20.1 The City shall maintain in effect for the term of this agreement a disability
plan (STF/LTD) covering employees set forth herein. Said plan shall
provide an employee with a maximum of two-thirds (2/3) of their net
salary. An employee may utilize their accrued sick leave, vacation,
and/or compensatory time to supplement the STD/LTD payment so as
to receive 100% of their net salary. The STD/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 net pay check;
20.1.5 At no time will an employee receive more than 100% of their
net 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.
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
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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 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 November 3, 2020:
Beginning with the first month after retirement, for
Association employees who had at least twenty (20)
cumulative years of service with the City of Azusa, and
who enroll or continue in the City's health insurance
program, the City will reimburse monthly the amount of
one-half (½) of the premiums for such health insurance,
regardless of how many family members are enrolled. 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
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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, they 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 November 3, 2020:
For Employees hired on and after November 3, 2020, the
City shall establish a Health Reimbursement Arrangement
Account (HRA) for the employee at the time of hire for the
reimbursement of medical premiums and IRS approved
medical expenses in retirement.
Upon employment, or as soon as possible thereafter, the City
shall deposit an initial contribution of $2,000 into a HRA
selected by the City. The City shall additionally deposit the
following amounts in the second pay period in July of each
year (with year 1 deposit being prorated in accordance with
the anniversary date of the employee appointment):
Years of Continuous Service City Contribution
1-5 Years of Continuous Service $1,000 annually
6-10 Years of Continuous Service $2,000 annually
11+ Years of Continuous Service* $3,000 annually
*Years 11 until separation or retirement/disability
Employee shall be employed for 5 consecutive years to be
100% vested. Any employees who are not 100% vested
under the vesting schedule at the time of separation shall
forfeit their unvested funds. In the event of the death of the
employee, the employee’s spouse and/or qualifying
dependents, any vested funds remaining in the account shall
be forfeited. For example, if the employee has a surviving
spouse and/or qualifying dependent(s) (according to IRS
definition), any remaining vested funds will be eligible for use
by: 1) the spouse until death and/or 2) the qualifying
dependent(s) until death or until no longer considered
qualifying dependent(s) according to IRS definition. In the
event the employee opts out of participation in the Plan, all
vested and unvested funds shall be forfeited.
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22. FLEXIBLE STAFFING POSITIONS
The following classifications shall be incorporated into a "Flexible Staffing"
pattern:
• Police Records Specialist
• Senior Police Records Specialist
The Specialist classification is a journey-level classification. Employees in this
classification shall be promoted (on probationary status) to the Senior
Specialist classification 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 Senior Specialist 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.
23. JOB SHARING
23.1 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.
23.2 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.
23.3 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.
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23.4 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.
23.5 If one of the counterparts of a shared job leaves their 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.
23.6 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
23.7 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.
23.8 Salary Anniversary Date
If an employee's appointment to a Job Sharing position is either as a new
hire or by promotion, the salary anniversary date shall be defined as that
date which occurs upon successful completion of 2080 hours of service,
generally 104 weeks at 20 hours per week. Such employees may be
considered for a merit increase after successful completion of 1040 hours
of service, generally 52 weeks at 20 hours per week. Subsequent salary
anniversary dates shall be defined as those dates, which occur upon
completion of 2080 hours of service, generally 104 weeks at 20 hours per
week. If an employee's appointment to a Job Sharing position is not a new
hire or promotion, the salary anniversary date shall be based on his or her
prior service, in accordance with the Civil Service Rules.
24. 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 days’ notice
will be given to each individual affected employee. Such notice shall be in writing
and signed by an appropriate management employee.
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25. FAIRNESS AGREEMENT
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 June 30,
20204) 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):
Flexible benefit plan (FBP) contributions – for the entire term of this contract, if the
City grants any other bargaining unit(s) a higher FBP contribution over than already
in effect or negotiated as of June 30, 20204, the City will grant employee(s) in this
unit the same higher amount to be effective on the same date(s) given to other
bargaining unit(s).
26. REOPEN OF NEGOTIATIONS DURING TERM OF AGREEMENT
The parties shall re-open negotiations for the following:
(1) Classification and Compensation Study – the City performs and completes
a citywide classification and compensation study dealing with bargaining
unit positions.
(2) Cadillac Tax – the City management medical coverage is subject to the so-
called Cadillac Tax pursuant to the Affordable Care Act (ACA).
(3) Excess Vacation Annuity Fund – the City establishes an excess vacation
annuity fund.
(4) Special Pay Program – the City establishes a Special Pay Program.
(5) Dispatcher Pension – if new information is presented due to Assembly Bill
1945 that affects pension of dispatchers.
(6) Wellness Program – Parties will work together to develop a Wellness Program,
which will require approval of a side letter of agreement by City Council prior to
taking effect.
(7) Flexible Benefit Plan Contribution – the union asserts average CalPERS
medical insurance premiums have increased over 37% over the past five
years while the City’s contributions have not kept pace with the increases.
The City Council authorizes the City Manager to enter into a side letter of
agreement with CAPP during the term of this MOU to increase the FBP
contribution in the final contract year, beginning July 1, 2027, up to an
amount not to exceed two-thousand dollars ($2,000) per month if it
determined the City’s budget can afford the increase.
These re-openers do not obligate either party 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
JULY 1, 2024 THROUGH JUNE 30, 2028
CIVILIAN ASSOCIATION OF POLICE PERSONNEL
_________
Steven Rodriguez, President Date
______
Kathleen Cerda, Vice-President Date
______
Kelli McMath, Board Member Date
CITY OF AZUSA
Sergio Gonzalez, City Manager Date
Talika M. Johnson, Director of Administrative Services Date
Nico DeAnda-Scia, Deputy City Manager 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
CAPP “EXHIBIT A”
CAPP “EXHIBIT B”
CAPP “EXHIBIT B”
CAPP “EXHIBIT B”
CAPP “EXHIBIT B”
INDEX
Additional Compensation/Premium Pay, 9
Automatic Payroll Deposit, 9
Bereavement Leave, 17
Bilingual Pay, 9
Callback Pay, 9
City Rights, 3
Conformance with Rules, 4
Court Time, 10
Damage to Personal Effects, 14
Deferred Compensation, 11
Employee Assistance Plan, 15
Flexible Benefit Plan, 15
Flexible Staffing Positions, 30
Floating Holidays, 20
Health Insurance During Retirement, 28
Holidays, 17
Implementation, 1
Industrial Leave, 20
Job Sharing, 30
Leave types, 17
License Renewal, 26
Life Insurance, 26
Long Term/Short Term Disability Insurance, 27
Longevity Pay, 11
Maintenance of Existing Benefits, 1
Meet and Confer, 5
Non-discrimination, 2
Overtime Meal Policy, 12
Overtime/Compensatory Time, 12
Reopener, 2
Retirement, 27
Salary, 8
Savings Clause, 2
Separability, 3
Shift Differential, 13
Sick Leave, 22
Term, 1
Timekeeping Interval, 8
Total Compensation, 3
Training Pay, 13
Uniform Allowance, 14
Vacation Leave, 25
Workweek and Timekeeping Interval, 6
Workday, 8
Workweek, 6