HomeMy WebLinkAboutPOA MOU July 1 1984 through June 30 198711
(7 ARTICLE 12 OVERTIME
(1)
The smallest unit of time credited as overtime as an extension of
shift shall be thirty (30) minutes. An extension of shift that is less
than 30 minutes shall be disrevarded and not accumulated.
(2)
Overtime credit must be for work specifically ordered, requested or
approved by the Department Head or a designated representative.
(3)
Except -as provided in Section 5 regarding court time, if an
employee is required to return to his/her place of employment after
he/she has completed a normal work day, he/she shall receive
overtime pay for a minimum of four (4) hours. Said employee shall
have the option of taking comp time in lieu of call back pay.
(4)
All overtime compensation shall be at time and a half whether it is
paid or compensatory time off.
(5)
Employees on scheduled time off, who are subpoenaed in the line of
duty or required by the Department Head or his designee to be
present in criminal or juvenile court, or other judicial proceedingg
shall receive overtime compensation for all time actually spent and
required to be at court. Employees shall be guaranteed a minimum
of two hours for each separate court appearance unless such
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overtime is within one hour of the beginning of the employee's
regular work period, in which case a one -hour minimum will be paid.
Said employee shall be reimbursed for all actual mileage said
employee travels roundtrip between the Police Station and the
location to which said employee is subpoenaed.
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(6) *Along with other rights reserved to management, the right of
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management to make changes in prior practices to more effectively
and efficiently carryout the requirements of the Federal Fair Labor
Standards Act is recognized subject to the following limitations:
a. No changes shall be inconsistent with the other provisions of
this article except as -required by law; and
b. The Association shall be notified in writing of such changes
and such notification shall be prior to implementation unless
this is not feasible due to unforeseen circumstances or legal
requirements; and
C. The Association reserves the right to meet and confer on these
changes by submittal of a written request within thirty (30)
days prior to or after their implementation.
REVISED: 7/1/85
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ARTICLE 13 COMPENSATORY TIME OFF
Section 1
Consistent with Article 12 of this M.O.U. every employee is entitled to receive time
and one half pay to be included in the pay period in which earned or at the
discretion of the employee of having said hours logged as "comp time" with a
-maximum accumulation of 80 hours. Said hours of comp time shall be converted to
the equivalent of straight time hours (i.e., one hour of overtime equals one and one
half hours comp. time)
Section 2
When an employee's employment terminates for any reason, all comp timeshall be
paid to said employee at the employee's current rate of pay.
Section 3
An employee may use his comp time to extend his regular vacation period with the
approval of the Department Head.
Section 4
Along with other rights reserved to management, the right of management
to make changes in*prior practices to more effectively and efficiently carryout the
requirements of the Federal Fair Labor Standards Act is recognized subject to the
followina limitations:
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a. No changes shall be inconsistent with the other provisions of this
article except as required by law; and
b. The Association shall be notified in writing of such changes and such
notification shall be prior to implementation unless this is not
feasible due to unforeseen circumstances or legal requirements; and
C. The Association reserves the. riaht to meet and confer on these
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changes by submittal of a written request within thirty (30) days
prior to or after their implementation.
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REVISED: 7/1/85
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ARTICLE 16 EMPLOYEE HEALTH INSURANCE
Section 1 Health Coveraye
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As a benefit to full-time employees covered by this Memorandum of Understanding,
the City will provide a group health insurance program. The benefits and limitations
of the program are to be designed cooperatively by the Association insurance carrier
and the City. The Association and City agree to select and implement health
insurance programs which meet the requirements of the Health Maintenance Act of
1973. The City will provide up to the following amounts per month, per employee to
provide this benefit:
1984-85 $75 month
1985-86 $83.42 month
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing employee health insurance exceeds the established
City contribution, the employee must pay the excess amount.
REVISED: 7/1/85
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ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE
As a benefit to all full-time employees covered by thP5 Memorandum of
Understanding, the City will provide a group dental insurance plan. The program will
be available for the employee and all dependents. The benefits and limitations of the
Dental Insurance Program are to be designed cooperatively by the Association,
insurance carrier and the City. The City will provide up to the following amounts
per month, per employee to provide this benefit:
1984-85 $14.02/month
1985-86 $14.02/month
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing Employee and Dependent Dental Insurance exceeds
the estalished City contribution, the employee must pay the excess amount. *
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REVISED: 7/1/85
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ARTICLE 18 EMPLOYEE LIFE INSURANCE I
As a benefit to full-time employees covered by this Memorandum of Understanding,
the City will provide a group life insurance program. The benefits and limitations of
the program are to be designed cooperatively by the Association, insurance carrier,
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and the City. The City will provide up to the following amounts per month, per
employee to provide this benefit:
1984-85 $5.00/month
1985-86 $5.00/month
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing Employee Life Insurance exceeds the est4blished
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City contribution, the employee must pay the excess amount.
REVISED: 7/1/85
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ARTICLE 19 DEPENDENTS MEDICAL INSURANCE
As a benefit to all full-time employees covered by thi� Memorandum of
Understanding, the City will provide a dependent group insurance plan. The benefits
and limitations of the Dependents Medical Insurance Program will be designed
cooperatively by the Association, insurance carrier and the City. The City will
provide up to the following amounts per month, per employee to provide this benefit:
1984-85 $50/month
1985-86 $57.98/month
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing Dependent's medical insurance exceeds the
established City contribution, the employee must pay the excess amount. An
employee may elect to receive an amount equivalent to the City's contribution as -
cash in lieu of Dependent Insurance.
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REVISED: 7/1/85
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ARTICLE 24 SALARIES
Section I Salary Adjustments
This Memorandum, of Understanding provides for a salary adjustment as follows:
Period �Salary Adjustment
1984-85 4% effective July 1, 1984
1% effective January 1, 1985
1985-86 Effective July 1, 1985:
(A) 5.95% increase for all classes
(B) Additional 2% increase for Dispatcher
Matron
1986-87 Pursuant to Article 35, Section 1
edmN, Section 2 Salaries
1984-85 Salary ranges are contained in Addendum No. 2 of this MOU.
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REVISED: 7/1/85
MEMORANDUM OF UNDERSTANDiNG
between
City of National City
and
National City Police Officers' Association
July 1, 1984 - June 30, 1987
Y
MEMORANDUM OF UNDERSTANDING
between
City of National City
and
National City Police Officers' Association
July 1. 1984 - June 30, 1987
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ONN. MEMORANDUM OF UNDERSTANDING CONCERNING
V, WAGES AND OTHER TERMS AND CONDITIONS OF
EMPLOYMENT BETWEEN THE CITY OF NATIONAL
CITY AND THE NATIONAL CITY POLICE
OFFICERS' ASSOCIATION FOR THE PERIOD:
July 1, 1984 - June 30, 1987
The representatives of the City Manager, acting for and on behalf of the City
Council of the City of National City (City) have heretofore met and conferred in
good faith with the National City Police Officers' Association (Association), an
organization representing employees of the City of National City, in accordance
with the provisions of Section 3500 et. seq. of the Government Code of the State
of California.
As a result of meeting and conferring in good faith with said group, agreement has
been reached on wages and other terms and conditions of employment as applied to
those employees who are members of and represented by the National City Police
Officers' Association.
Said agreement has been incorporated in total in this Memorandum of Understanding
(MOU) for the period July 1, 1984 through June 30, 1987.
The purpose of this MOU, in addition to incorporating the agreements reached is to
promote ongoing harmonious labor -relations between the City and the Association.
,4MN For the City: For the Association:
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Tom U. McCabe, Michael Bishop
Municipal Employee Chairperson
RelAtions Officer
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t/glint B.J. iagers
y Manager Member
Richard D. Schulman, "'�6-vis Balk
Assistant to the City Manager- Member
Personnel
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W.
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Thomas
W. Doyle,
Attorhey
ARTICLE I IMPLEMENTATION
This MOU constitutes a mutual recommendation to be jointly submitted to the City
Council* of National City. It is agreed that this MOU shall not be binding upon the
parties either in whole or in part unless and until:
A. The Association by a majority vote, formally accepts this MOU.
B. The City Council acts, by majority vote, formally to approve and adopt
said MOU.
C. The City Council acts to appropriate the necessary funds required to
implement the provisions of this MOU which require funding.
D. The City Council acts in a timely manner to make the necessary changes
in ordinances, resolutions, rules, policies and procedures to implement and
conform to this agreement for the period as specified in this MOU.
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ARTICLE 2 RECOGNITION
The City continues to recognize the Association as the formally recognized majority
employees' organization for the following full-time employees of the National City
Police Department.
Animal Control Officer
Police Dispatcher/Matron
Police Officer
Police Sergeant
Police Lieutenant
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ARTICLE 3 VACATION AND HOLIDAY LEAVE
Section 1 Purpose
The purpose of Vacation and Holiday leave is to provide time for an employee to
be away from the work environment and to enable such employee to return to work
mentally refreshed. All employees shall be entitled to annual vacation leave with
pay -
Section 2 Accrual Rates
Employees covered by this Memorandum of Understanding shall earn vacation and
holiday leave as follows:
0-60 months 4.66 hrs. per month of service
61 - 180 months 18.00 hrs. per month of service
over 180 months 1.33 hrs. per month of service
It is recognized that this accrual includes eight (8) hours credit for each of the
following holidays
New Year's Day
Lincoln!s Birthday
Washington!s Birthday
Memorial Day
Independence Day
Labor Day
Admission Day
Columbus Day
Veteran!s Day
Thanksgiving Day
Christmas Day
Employee's Birthday
(in lieu of Election Day)
It is further recognized that this provision shall not limit any additional future
benefits applicable to the above mentioned holidays and that any such future
benefits or compensation shall be granted.
Section 3 Appointed and Religious Holidays
Every day appointed by the President of the United States or by the Governor of
California for a public fast, thanksgiving or holiday, with the exception of Good
Friday, shall be honored as an additional holiday and eight (8) hours win be
credited to the employees' vacation and holiday balance-. Employees may request
time off to attend religious services or other religious activities on Good Friday or
on other recognized religious holidays during the year; such time off shall be
charged to the employees' annually accumulated leave or compensating time off. If
the employee has no accumulated annual leave or compensating time off, such time
off shall be without pay.
Section 4 Vacation Schedules
Vacation schedules shall be arranged by the Department Head,
taking into account the needs of the Departmentq the needs and wishes
of the employee and the employees' seniority.
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2. An employee may take earned vacation in any increment of one (1) hour or
more with the consent of the Department Head.
Section 5 Vacation and Holiday Leave Accumulation
Vacation and Holiday leave is credited as earned and the amount of leave
accumulated shall not exceed 2 years earnings on the employee's anniversary date.
If the requirements of the employee's services are such that the employee has not
been able to utilize enough vacation time to be within the accumulation limit on
his anniversary date2 he may carryover the excess hours which must be used in the
following twelve month period.
Section 6 Terminal Vacation and Holiday Leave Pay
Consistent with the provisions of this M.O.U., upon termination of employment for
any cause, an employee shall be entitled to pay in lieu for the number of
accumulated vacation and holiday leave credited to the employees account under
the provisions of this section. All leave available upon completion of an employees
last day of work shall be a lump sum payment termed "terminal vacation and
holiday pay."
Section 7 Terminal Vacation and Holiday Leave
In the case of retirement, the employee may elect to place himself/herself on
terminal vacation and holiday leave. In such a case, the employee win use all
accumulated vacation and holiday time and retire at the end of said period.
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ARTICLE 4 LEAVE ELIGIBILITY AND PROCEDURE
Section I Leave Categories
Consistent with the provisons of this M.O.U. employees shall be entitled to holidays
and annual vacation and shall be allowed sick, injury, emergency, and special leaves
of absence.
Section 2 Requests for Leave
All requests for leaves of absence, whether with or without pay, shall be submitted
in writing on prescribed forms, and, except as provided in the case of Compulsory
Leave, Court Leave, and Special Meetings, must meet the approval of the
Department Head.
Section 3 Leave Approval
Except in the case of sick, emergency, or military leave, the time during which
any leave of absence shall be taken by an employee shall be designated by the
Department Head, and the request for such leave, signed by the employee and the
Department Head, should be forwarded to the Personnel Office at least one week
in advance of the beginning date of the leave requested.
Section 4 Leave of Absence Commencement and Teymination
Each leave of absence shall be granted for a specific period of time and a specific
cause, and if such cause shall cease to exist prior to the expiration of the period
for which the leave is granted, such leave shall thereafter be invalid.
Section 5 Leave of Absence - Failure to Report
Leaves of absence shall be indicated on the payroll time sheets submitted to the
Director of Finance for checking and certification. Failure of an employee to"
report at the expiration of leave shall separate the employee from City service and
shall be considered, in effect, a resignation; provided, however, the Department
Head may in his/her discretion cancel such separation if circumstances warrant such
cancellation.
Section 6
Leaves of absence must contain a time certain for termination of the leave and
the reason for granting the leave. A copy of a written order granting a leave of
absence must be filed with the Department Head and the Personnel Department.
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t ARTICLE 5 MILITARY LEAVE
In addition to the leaves of absence provided in this article, City employees who
are also members of the armed services or militia or organized reserves of this
State or Nation,, shall be entitled to the leaves of absence and the employment
rights and privileges provided by the Military and Veterans' Code of the State of
California.
(1) The term "military service" as used herein shall signify service on
active duty with any branch of service above mentioned, as well as
training or education under the supervision of the United States
preliminary to induction into the military service.
(2) The terms "active service" or "active duty" shall include the period
during which such employee while in military service is absent from
duty on account of sickness, wounds, leave, or other lawful cause.
(3) No employee serving under a permanent appointment in the Classified
Service shall be subjected by any person directly or indirectly by reason
of his absence on military leave to any loss or diminution of vacation,
holiday, insurance, pension, retirement, or other privilege or benefit now
offered or conferred by law, or be prejudiced by reason of such leave
with reference to promotion, continuance in office or employment, re-
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(4) When military leave is granted to an employee in the Classified Service
pursuant to this section, the position held by such employee shall be
filled temporarily only during the employee's absence, except in the
event of the employee's death while on leave, and said employee shall
be entitled to be restored to such position, or to a position of like
seniority, status and pay, upon return from such leave, provided the
employee is still mentally and physically qualified to perform the duties
of such position, and provided said employee makes application for re-
employment within ninety days after being relieved from such military
service.
(5) During absence on military leave, any employee in the Classified
Service who has been employed continuously by the City for a period of
not less than one year prior to the date upon which such ' absence
begins, shall receive his regular salary for a period not to exceed thirty
calendar days in any one fiscal year. All services of said employee in
the recognized military service shall be counted as employment with
the City.
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ARTICLE 6 MATERNITY LEAVE/PATERNITY LEAVE
Section 1
A female employee may receive a maternity leave without pay for purposes of
childbirth and for infant care. Consistent with the provisions of this MOU, earned
sick leave and thereafter vacation may be utilized in conjunction with such leave.
The first two hundred forty (240) hours of such sick leave usage does not require
doctor's or other verification of disability. Any such usage beyond two hundred
forty (240) hours does require verification.
Section 2
A male employee may receive paternity leave without pay for purpose of assisting
in the care of his newborn child and his wife. Consistent with the provisions of
this MOU, special leave (as def. in Article 9) up to a maximum of 40 hours and
thereafter vacation may be utilized in conjunction with such leave.
Section 3
An employee on maternity leave approved by the department.head shall be
guaranteed her job back or a comparable one if she returns on the date specificed
on the leave approval.
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ARTICLE 7 COURT LEAVE
An employee who is required by court order to serve as a juror, or as a witness
who is not a party to a court action, shall be granted leave for such purpose upon
presentation of proof of the period of said employee's required attendance to the
appointing authority and the Personnel Officer. The employee shall receive full pay
for the time he serves on court duty, provided the money received as a juror or
witness is deposited with the Finance Department for credit to -the proper fund.
Request for such leave shall be made upon leave of absence forms.
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Oaft\ ARTICLE 8 SICK LEAVE WITH PAY
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The intent of this article is to provide a continuity of full salary to those
employees who are unable, because of illness or injury, to perform the duties of
their position or who would expose fellow workers or the public to contagious
disease and are thereby forced to be absent from employment and to provide
necessary time off from work for medical and dental care subject to administrative
regulations designed to prevent malingering or abuse of these privileges
Section 1 Sick Leave Defined
Sick leave is the necessary absence from duty of an employee because of:
Illness, injury or exposure to a contagious disease suffered by an employee.
(2) The incapacity of the employee while on a scheduled vacation as defined in
Section 7 of this Article.
(3) The absence of an employee for authorized medical or dental care.
Section 2 Sick Leave Accumulation
Each full-time permanent or probationary employee covered by this
Memorandum of Understanding shall be entitled to accumulate sick leave at
a rate of eight (8) hours per month if he/she has been on paid status at
least half the regularly scheduled work days in that month.
(2) Unused sick leave shall be accumulative in an unlimited amount.
Section 3 Limitation on Time Chargeable to Sick Leave
A. No person shall be entitled to sick leave with pay while absent from duty
on account of any of the following causes:
L Disability arising from any sickness or injury purposely self-inflicted.
2. Disability arising from any sickness or injury caused by willful misconduct.
3. No paid sick leave shall be granted in excess of the employee's sick leave
credit or on an employees regularly scheduled day off.
B. Absence that is chargeable to sick leave in accordance with this article
shall be charged in an amount not smaller than one hour for the first hour
of absence and thereafter, in increments of not less than fifteen (15)
minutes.
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Section 4 Notification
.. A. In order to receive compensation while on sick leave, the employee shall notify:
(1) The immediate supervisor or;
(2) The Department Head or;
(3) In the event of the unavailability of either, the senior department
representative available.
B. Notification shall be made prior to or not later than the beginning of the work
day in the employee's respective department
C. The Department Head may waive the above requirements if, in his/her opinion,
an emergency or other exceptional circumstances so warrants.
Section 5 Physician!s Statement Required
A. When absence is for more than three (3) consecutive working days, the
department head shall require the employee to furnish, at the employee's
expense, a certificate or statement from a licensed and practicing physician,
indicating the nature and duration of the employee's incapacity or, if the
employee was not examined by a physician, other adequate evidence. Based
upon circumstances of the particular case and review of'previous sick leave
usage, the department head may require evidence of incapacity in cases of
shorter periods of absence.
B. The employee shall not be called at hom'e/hospital while on sick leave for the'
purpose of pressuring the employee to return to work while still ill or to
pressure the employee to perform duties at home/hospital. This section does
not limit the right of a supervisor to contact an employee in order to obtain
needed information about the status of his/her health and expected date of
return to work.
Section 6 Separation from City Service
All accumulated sick leave shall be cancelled upon separation of the employee from
the City service. If separation is by lay-off his accumulated sick leave,up to a
maximum of 240 hours shall be restored to him upon re-employment within twenty-
four (24) months.
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N, Section 7 Illness During Vacation Leave
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An employee who becomes incapacitated for work due to the employees, illness or
injury while on paid vacation shall have'the option of substituting sick leave credit
for vacation provided the employees' request for sick leave substitution is
accompanied by doctor's statement or other evidence satisfactory to the
Department Head or his designee.
Section 8 Sick Leave Payment Upon Retirement
An employee hired on or before June 30, 1979 shall, upon formal retirement from
the City under the Public Employees' Retirement System be paid for each day of
unused sick leave or fraction thereof which has accrued to his credit up to and
including his last day of work but not to exceed 45 days or 360 hours. An
employee hired on or after July 1 1979 shall not be entitled to sick leave payoff
upon retirement.
Section 9 Evidence of Cause of Absence
In all cases of absence due to sickness or injury of the employee; illness, injury or
death in the employee's immediate family, the employee may be required to furnish
the Department Head evidence substantiating the request for such leave. Failure
to furnish such evidence upon request shall be sufficient reason to deny the leave
of absence with pay.
Section 10 Sick Leave Incentive Pay
1. Employees using four (4) days of sick leave, or less, during the fiscal year may
convert twenty-five percent (25%) of their remaining yearly sick leave to pay.
Remaining yearly sick leave not converted to pay shall be carried over and
accumulated for use when needed.
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2. Pay shall be computed based on the following schedule and all computations
shall be rounded to the nearest whole hour:
RemaininZ_Sick Leave at
End of Fiscal Year Pay Incentive (25%)
40-Hour Workweek 40-Hour Workweek
12 days (96
hours)
3 days (24 hours)
11 days (88
hours)
2 days, 6 hours (22 hours)
10 days (80
hours)
2 days, 4 hours (20 hours)
9 days (72
hours)
2 days, 2 hours ( 8 hours)
8 days (64
' hours)
2 days (16 hours)
7 days (56
hours or less)
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(EXAMPLE:
Employee has
11 days, 5 hours remaining yearly sick leave;
therefore, 93
hours x .25 =
23.25 hours = 23 hours of pay).
3. Paid sick leave
hours shall be
subtracted from the employee's yearly sick leave
balance. The remaining sick leave hours shall be carried over and accumulated
per subsection
2 hereof. (Example: Employee uses 4 days sick leave. He
then receives pay for 25% of
remaining days, or 2 days. The 2 days are
subtracted from
his remaining
yearly sick leave and the other 6 days are added
to the employee's total accumulated sick leave balance).
4. Payment will be made during
the month of July each year. Pay will be
computed based
on the employee's salary step on June 30 of the preceding
fiscal year.
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5. Payment will be made to an employee hired during the fiscal year on a
prorated basis pro , vided he is on the payroll June 30.
6. Permanent employees who retire during the fiscal year will be compensated on
a prorated basis subject to their formal retirement date.
7. Payment will not be made to an employee who terminates during the fiscal
year.
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ARTICLE 9 SPECIAL LEAVE WITH PAY
Section'l Intent
The intent of this Article is to allow the limited use of sick leave credits by an
employee who is confronted with emergency illness, or injury, or death in said
employee's immediate family. Consistent with the provisions of this MOU, an
employee who is eligible for sick leave with pay as defined in Article 8 of this MOU,
shall be granted special emergency leave with pay by the Department Head to be
charged against the employee's sick leave accumulation.
Section 2 Special Leave Defined
Special leave is defined as anything that cannot be anticipated or planned
necessitating absence from duty of an employee because of emergency illness or
injury of a member of the immediate family requiring the attendance of an employee
upon said family member until professional or other attendance can be obtained, or
the absence from duty of an employee to discharge the customary obligations arising
from a death of a member of the employee's immediate family.
Section 3 Limitation
Special Leave with pay granted pursuant to this Article and Article 6 shall be limited
to a maximum of forty (40) hours annually. This maximum includes paternity leave
usage as defined in Article 6 herein. Up to 8 hours of the 40 hour maximum may be
utilized for emergency care of any minor children of the employee not residing in the
employees household.
Immediate Family is defined in Article 36
Special leave with pay must be approved by the Department Head or his designee
consistent with the provisions of this Article.
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ARTICLE 10 THE COMPENSATION PLAN
Section 1 , Salary Advancement
The Compensation Plan has the following characteristics:
(1) - The salary range for Police Officer consists of 7 steps. The
range for all other classifications in the Police Department
shall consist of 5 steps (A through E).
(2) The increase from one step to the next step on each salary
range is as indicated in the salary schedule for Police
Department employees as set out in Article 24.
The success of the Compensation Plan depends upon incentives which will encourage
employees to put forth increasing efforts as they advance through the salary steps
of the salary range. Salary advancement for each employee shall be granted only
upon a satisfactory evaluation ("standard" or above)and a recommendation to the
City Manager by the department head. The step increase must then be approved by
the City Manager or his designee.
If an employee is denied his/her salary step advancement due to failure of the
department head or other administrators to follow applicable Civil Service or
elm,\ Personnel rules, he/she may appeal said denial through the established grievance
procedure.
Section 2 Salary Steps
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The steps of the salary range shall be interpreted and appli ed as follows. The
second, third, fourth, fifth, sixth and seventh salary steps are incentive adjustments
to encourage an employee to continue to improve his work:
(1) The first salary step is the minimum rate and will normally be
- the hiring rate. Appointment may be made to other than
normal entering salary step upon the recommendation of the
department head and upon the approval of the City Manager,
when it is decided that such action is in the best interests of
the City. The first step of the salary range will be
approximately 10% less than "All step.
(2) The second salary step: Six (6) months of satisfactory service
shall make an employee eligible consistent with Section 1 for
consideration for this salary advancement. The second step of
the salary range will be approximately 5% less than "All step.
(3) The third salary step - "A" step: Six (6) months of satisfactory
service at the second salary step shall make an employee
eligible consistent with Section 1 for this salary advancement.
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(4) The fourth salary step - IIBII step: Twelve (12) months of
satisfactory service at the third salary step shall make an
employee eligible consistent with Section 1 for consideration for
this salary advancement.
Employees hired prior to July 1, 1981 require six (6) months of
satisfactory service to become eligible for consideration for this
salary advancement
(5) The fifth salary step IICII step: Twelve (12) months of
satisfactory service at the fourth step shall make an employee
eligible consistent with Section 1 for this salary advancement.
Employees hired prior to July 1, 1981 require six (6) months of
satisfactory service to become eligible for consideration for this
salary advancement.
(6) The sixth salary step - I'D" step: Twelve (12) months of
satisfactory service at the fifth step shall make an employee
eligible consistent with Section 1 for this salary advancement.
Employees hired prior to July 1, 1981 require six (6) months of
satisfactory service to become eligible for consideration for this
salary advancement.
(7) The seventh salary step - IIE" step: Twelve (12) months of
satisfactory service at the sixth step shall make an employee
eligible consistent with Section 1 for this salary advancement.
All rates shown, and conditions set forth herein, are in full payment for services
rendered and are intended to cover full payment for the number of hours now
regularly worked in each class. Each promotion shall carry with it an annual salary
increase during the first year equal to at least five (5%) percent.
The provisions of this Article are based upon the salary schedule adopted by the
City Council and set forth in Article 24.
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ARTICLE 11 PAY DIFFERENTIAL
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Section 1
Those employees classified as:
1. Police Officer; or
2. Police Sergeant; or
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3. Police Lieutenant
and assigned to the Investigative Division, on a permanent basis, shall receive a pay
differential of $115 per month for the duration of said assignment.
Section 2
Those employees classified as Police Officer and assigned duty as the "Police
Liaison Officer" shall receive a pay differential of $140 per month for the duration
of said assignment. Effective July 1, 1985 this differential shall be reduced to
$115 per month.
Section 3
Those employees classified as Police Officer or Police Sergeant and assigned Police
Dog/Animal Handler duty on a permanent basis shall receive a pay differential of
$140 per month for the duration of said assignment.
Section 4
Those employees classified as Police Officer and assigned motorcycle duty on a
permanent basis shall receive a pay differential of $115 per month for the duration
of said assignment.
Section 5
Those employees classified as Police Officer while assigned duty as Field Training
Officers (F.T.O.s.) shall, receive a pay differential of $50 per month for the
duration of said assignment. Effective July 1, 1985, this differential shall be
increased to $100 per month.
Section 6
Those employees classified as Police Officer who are assigned duty as "Beat
Coordinators" shall receive a pay differential of $50 per month for the duration of
said assignment. Effective July 1. 1985, this differential shall be increased to $100
per month.
Section 7
Those employees who, upon recommendation of the Chief of Police and the
approval of the Personnel Director, and successful completion of a Bilingual
Performance Evaluation administered by the Personnel Department, who are
regularly required to use their bilingual skills in Spanish, Tagalog or any second
language approved by the Chief of Police and the Personnel Director, shall receive
a pay differential of $40 per month. Subject to the requirements of this
subsection, payment of the bilingual differential shall be limited to a maximum of
25 employees at any given time.
16
ARTICLE 12 OVERTIME
(1) The smallest unit of time credited as overtime as an extension of shift
shall be thirty (30) minutes. An extension of shift that is less than 30
minutes shall be disregarded and not accumulated.
(2) Overtime credit must be for work specifically ordered, requested or
approved by the Department Head or a designated representative.
(3) Except as provided in Section 5 regarding court time, if an employee is
required to return to his/her place of employment after he/she has
completed a normal work day, he/she shall receive overtime pay for a
minimum of four (4) hours. Said employee shall have the option of taking
comp time in leiu of call back pay.
(4) All overtime compensation shall be at time and a half whether it is paid
or compensatory time off.
(5) Employees on scheduled time off, who are subpoenaed in the line of duty
or required by the Department Head or his designee to be present in
criminal or juvenile court, or other judicial proceedings shall receive
overtime compensation for all time actually spent and required to be at
c * ourt. Employees shall be guranteed a minimum of two hours for each
separate court appearance unless such overtime is within one hour of the
beginning of the employee's regular work period, in which case a one -hour
minimum will be paid. Said employee shall be reimbursed for all actual
,ANb� mileage said employee travels roundtrip between the Police Station and the
location to which said employee is subpoenaed.
tl�
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01
ARTICLE 13 COMPENSATORY TIME OFF
Section 1
Consistent with Article 12 of this M.O.U. every employee is entitled to
receive time and one half pay to be included in the pay period in which
earned or at the discretion of the employee of having said hours logged as
Itcomp time" with a maximum accumulation of 80 hours. Said hours of comp
time shall be converted to the equivalent of straight time hours (i.e., one
hour of overtime equals one and one half hours comp. time)
Section 2
When an employee's employment terminates for any reason, all comp time
�shall be paid to said employee at the employee's current rate of pay.
Section 3
An employee may use his comp time to extend his regular vacation period
with the approval of the Department Head.
18
ARTICLE 14 EDUCATIONAL INCENTIVE PAY
Employees covered by this Memorandum of Understanding are eligible for '
educationa * 1 incentive pay upon meeting the requirements indicated below. Civilian
employees will not be required to obtain the POST certificates.
LEVEL I
LEVEL H
LEVEL
III
$25.00 per month
$50.00 per month
$75.00
per month
compensation —
compensation —
comRensation
AS or AA in field
BS or BA in field
MS or
MA in f ield
and 3 years exper-
or LLB with 3 yrs
or JD
and Adv. POST
ience.
experience.
with 5
years exper-
ience.
52-1/2* and Int.
As or AA in field
POST with 4 years
plus 52-1/2* and
experience.
Int. POST with 4
years experience.
37-1/2* 'and Int.
AS or AA in field
P OST with 6 years
plus 37-1/2* and
experience.
Int. POST with 6
years experience.
22-1/2* and Int.
AS or AA in field
POST with 8 years
plus 22-1/2* and
experience.
Int. POST with 8
years experience.
GENERAL REQUIREMENTS
1. Completion of the Probationary Period with the National City Police
Department.
2. Performance Report of at least "Satisfactory" on last 2 reports.
3. Recommendation from the Chief of Police and the approval of the City
Manager.
4. Degrees of AA, AS, BA, BS, MA, MS, LLB or JD must be formally awarded
degrees in a field closely related to law enforcement. "Closely related to law
enforcement" is defined as: A formal course of academic study in a discipline
directly related to municipal law enforcement which by virtue of having
completed the prescribed courses of study, an individual would reasonably be
expected to have acquired skills that would make the individual a better
Police Officer. Examples of a closely related field are: Police Administration,
Criminal Justice Administration, Law *j Ar 'orcement Administration, Public
Administration and Jurisprudence. The City Manager will make the final
determination as to a program "relatedness" to law enforcement. The
institution conferring the degree must be accredited by the California
Department of Health, Education and Welfare or any successor
agency/department.
19 %
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5. An Officer may qualify for Level H Educational Incentive without the formally
awarded AA or AS degree if there is a unit equivalency. Unit equivalency of
an' AA or AS degree is defined as meeting the requirements for graduation
under the current catalog for Southwestern College. It is the responsibility of
the Officer to provide documentation that requirements for graduation have
been met.
These numbers indicate Training & Educational (T&E) Points required. T & E
points are earned as follows: 1 college semester unit from an accredited
institution of higher learning is equal to one (1) T & E Point. One (1) quarter
unit is equal to 2/3 of a point; 20 classroom hours of police training approved
by the POST Commission shall equal (1) T & E point
T & E Points earned at City expense or on City time shall not be eligible
points for this program.
20
ARTICLE 15 LONGEVITY PAY
In addition to other compensation paid for the service of employees longevity pay
shall be paid to all officers and employees of the City of National City on the
following basis:
(a) After five years of continuous and uninterrupted service the sum of
$10.00 per month;
(b) After ten years of continuous and uninterrupted service the sum of
$15.00 per month;
(c) After fifteen years of continuous and uninterrupted service the sum
of $20.00 'per month;
(d) After twenty years of continuous and uninterrupted service the sum
of $25.00 per month;
(e) Mter twenty-five years of continuous and uninterrupted service the
sum of $30.00 per month, which shall be the maximum payable.
Vacations, sick leave, military leave and absence authorized by the City Council of
National City shall not be considered as interruption of service.
In the event an employee ceases to be employed by National City for a reason
other than military service or lay-off, all rights to longevity pay shall be forfeited
and expire, and if said officer or employee is subsequently re-employed by the
City, said employee shall not be entitled to any longevity pay by reason of prior
employment.
21 %
ARTICLE 16 EMPLOYEE HEALTH INSURANCE
Section 1 Health Coverage
As a benefit to full-time employees covered by this Memorandum of Understanding,
the City will provide a group health insurance program. The benefits and limitations
of the program are to be designed cooperatively by the Association insurance
carrier.and the City. The Association and City agree to select and implement
health insurance programs which meet the requirements of the Health Maintenance
Act of 1973. The City will provide up to the following amounts per month, per
employee to provide this benefit:
1984-85 $75 month
1985-86 Pursuant to Article 35,, Section 2
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing employee health insurance exceeds the
established City contribution, the employee must pay the excess amount.
22 %
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ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE
As a benefit to all full-time employees covered by this Memorandum of
Understanding, the City will provide a group dental insurance plan. The program
will be available for the employee and all dependents. The benefits and limitations
of the Dental Insurance Program are to be designed cooperatively by the
Association, insurance carrier and the City. The City will provide up to the
following amounts per month, per employee to provide this benefit:
1984-85 $14.02/month
1985-86 Pursuant to Article 35, Section 2
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing Employee and Dependent Dental Insurance
exceeds the estalished City contribution, the employee must pay the excess amount.
23
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ARTICLE 18 EMPLOYEE LIFE INSURANCE
.-As a benefit to full-time employees covered by this Memorandum of Understanding,
the City will provide a group life insurance program. The benefits and limitations
of the program are to be designed cooperatively by the Association, insurance
carrier, and the City. The City will provide up to the following amounts per
month., per employee to provide this benefit:
1984-85 $5.00/month
1985-86 Pursuant to Article 35, Section 2
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing Employee Life Insurance exceeds the established
City contribution, the employee must pay the excess amount.
0
24
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ARTICLE 19 DEPENDENTS MEDICAL INSURANCE
As a benefit to all full-time employees covered by this Memorandum of
Understanding, the City will provide a dependent group insurance plan. The
benefits and limitations of the Dependents Medical Insurance Program will be
designed cooperatively by the Association, insurance carrier and the City. The City
will provide up to the following amounts per month, per employee to provide this
benefit:
1984-85 $50/month
1985-86 Pursuant to Article 35, Section 2
1986-87 Pursuant to Article 35, Section 2
In the event the cost of providing Dependent's medical insurance exceeds the
established City contribution, the employee must pay the excess amount. An
employee may elect to receive an amount equivalent to the City's contribution as
cash in lieu of Dependent Insurance.
25
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ARTICLE 20 PUBLIC EMPLOYEES RETIREMENT SYSTEM
Section 1
Consistent with the Government Code of the State of California, employees are
local safety or miscellaneous members of the Public Employees Retirement System
and are entitled to the benefits as indicated in the July 16, 1983 amendment to
contract between the Board of Administration of PERS and the City Council.
Section 2
The City shall pay the first five (5) percent of the employees' cost of the
retirement plan under the Public Employee's Retirement System and said money
shall be vested in the employee's account.
26
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ARTICLE 21 MANAGEMENT RIGHTS
Except —and only to the extent —that specific provisions of this Agreement expressly
provide otherwise, the City has and will continue to retain, regardless of the
frequency of exercise, rights to operate and manage its affairs in each and every
respect. The rights of the City shall include, but not be limited to the right:
to determine the mission of its constituent departments, commission,
boards; set standards of service determine the procedures and
standards of selection for employment and promotions; direct its
employees; establish and enforce reasonable dress and grooming
standards, determine the methods and means to relieve its employees
from duty because of lack of governmental operations; determine the
methods, means and personnel by which government operations are to
be conducted; determine the content and intent of job classifications;
approve or disapprove secondary employment held by departmental
employees; determine methods of financing; determine style and/or
types of City -issued wearing apparel, equipment or technology to be
used; determine and/or change the facilities, methods technology,
means, organizational structure and size and composition of the work
force and allocate and assign work by which the City operations are
to be conducted; 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; 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 upon reasonable notice; establish and
modify productivity and performance programs and standards;
discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees for just cause; establish
reasonable employee performance standards including, but not limited
to, quality, and quantity standards; and to require compliance
therewith; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its
organization and the technology of performing its work.
In exercising these rights the City shall comply with all applicable provisions of
this M.O.U. The exercise of said rights shall not preclude employees or their
representatives from meeting and conferring as required by law with City
management representatives about the practical consequences that decisions on
these matters may have on wages, hours, and other terms and conditions of
employment.
27
ARTICLE 22 LONG TERM DISABILITY INSURANCE
The City will provide Long Term Disability Insurance to all employees covered by this
M.O.U. The City will provide up to the following amounts per month, per employee,
to provide this benefit:
1984-85 $17/mo.
1985-86. $18.50/mo.
1986-87 $20.00/mo.
In the event the cost of providing Long Term Disability Insurance exceeds the
established City contribution, the employee must pay the excess amount.
2 t-
ARTICLE 23 UNIFORM AND EQUIPMENT ALLOWANCE
Section 1
The City will provide the
following amounts for each �worn and each current non -
sworn employee covered
by this M.O.U. to be applied towards the maintenance of
prescribed uniforms and
equipment.
Sworn* Non -Sworn**
1984-85
$300 $250
1985-86
$325 $250
1986-87
$350 $250
Payment to be made in
a lump sum on the second pay day in July of each year.
Section 2
In addition to the above
the City shall provide each new sworn employee hired
after July 1, 1984 the following amount for the initial purchase of prescribed
uniforms and equipment:
1984-85
$300
1985-86
$325
1986-87
$350
Payment to be made at
the end of -the employee's first complete pay period.
*The term "Sworn" for the purposes of this Article shall include the classifications
of Police Officer, Police
Sergeant and Police Lieutenant.
**The term "Non -Sworn"
for the purposes of this Article shall include the
classifications of Animal
Control Officer and Police Dispatcher/Matron.
29
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ARTICLE 24 SALARIES
Section 1 Salary Adjustments
This Memorandum of Understanding provides for a salary adjustment as follows:
Period Salary Adjustment
1984-85 4% effective July 1, 1984
1% effective January 1, 1985
1985-86 Pursuant to Article 35, Section 1
1986-87 Pursuant to Article 35, Section 1
Section 2 Salaries
1984-85 Salary ranges are contained in Addendum No. 2 of this MOU.
30 %
ARTICLE 25 ASSOCIATION RIGHTS
Section 1
The City recognizes the right of the Association to govern its internal affairs.
Section 2
Upon the receipt of a written request and authorization from an employee for
deduction of Association dues and other related lawful deductionsp the City shall
withhold such dues and deductions from the salary of the employee and remit the
withholdings to the Association in a timely manner. The City shall continue to
withhold such deductions unless the employee files a written statement with the City
withdrawing authorization for the continued withholding of the deductions.
Section 3
The Association shall have sole and exclusive use of specific bulletin board spacel
clearly marked and identified as such, of roughly four feet by eight feet in
dimension, located in the hallway area of the Police Department. The Police Chief
shall designate the authorized bulletin board space and said space shall be the only
space which is authorized for the posting of Association business. Material placed on
the bulletin board shall be at the discretion of the Association with the understanding
that materials so posted shall only be for legitimate communications with members.
Said postings shall not be offensive to good taste7 defamatory, or involve support or
opposition to candidates for political office within the City government. The Police
Chief or his designee shall have the right to remove any such materials upon prior
notice to the Association representative. The Association shall be responsible for
maintaining the space provided in an orderly condition and shall promptly remove
outdated materials.
Section 4
The employee shall be allowed to designate a representative to assist said employee
in:
(1) Preparing and presenting' grievances
(2) Preparing and processing material for Disciplinary Hearing
(3) Preparing and presenting material for any legitimate Employer - Employee
relations matter for which representation is granted pursuant to existing law.
Section 5
Subject to the needs of the department and the approval of the Chief of Policet
designated employee representatives shall be allowed reasonable release time from
regularly scheduled duties to present grievances and material for Disciplinary Hearing
on behalf of the affected employee if said employee requests said assistance and to
meet with City management representatives relative to matters of Employer -Employee
relations.
3.1
k ARTICLE 26 EMPLOYEE RIGHTS
Each individual employee shall have the following rights which he/she may exercise in
accordance with the National City Employer -Employee Relations Resolution and all
applicable laws, ordinances, and rules and regulations and this MOU.:
1. The riaht to form, join, and participate in the activities of employee
0
organizations of his/her own choosing for the purpose of representation on
matters of his/her employee relations with the City, or to refuse to join or
participate in the activities of any employee organization.
2. The right to pay dues to such employees organization through regular payroll
deduction.
3. The right to be free from interference, intimidation, restraintg coerciong
discrimination, or reprisal on the part of his department head for his membership
or non -membership in any employee organization or with respect to any lawful
activity associated therewith which is within the scope of representation.
4. The right to represent himself/herself individually in his/her employee relations
with the City.
5. The right to review his/her personnel file by so requesting in writing to the
appropriate City official.
6. The City shall maintain only one official employee personnel file and that file
shall be in the custody of the City Personnel Officer. That personnel file shall
be the only official source or repository of documents pertaining to the
employee's performance, past and present, leave requests, disciplinary records2 and
commendations.
The employee's personnel file will not contain information relating to the
employee's background investigation, Civil Service Examination results pertaining
to initial hiring or promotional examinations, legal correspondenceg workers -
compensation records, aside from injury claims, or any ongoing or incomplete
internal investigations or citizens complaints. These documents shall be
maintained in separate files by the Chief of Police or the Personnel Officer. A
duplicate official personnel file may be maintained by the Chief of Police for the
convenience of the employee and as an administrative aid. The employee!s
immediate supervisor may maintain files with information that is kept for a
maximum of 12 months during ongoing investigation or in prepartion for an
employee performance appraisal report. However at such time as the
investigation is complete or the performance appraisal has been completedg such
material shall then either be placed in the employee's official personnel file or
destroyed. In no event shall such material be maintained in any location other
than the official file referred to above nor shall materials be placed in the
employeeliz official personnel file without his/her knowledge.
32
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ARTICLE 26 EMPLOYEE RIGHTS continued
7. Whenever an employee desires to represent himself/herself in consulting with City
management during his/her regular hours of work, he/she shall first request from
his/her department head permission to take time off to do so. Said request shall
be granted unless the'needs of the City or Department are such that the
employees services cannot be spared during the particular time requested. In
such case the employee shall be permitted to re -schedule his/her appointment
with City management.
8. When imposing discipline, the Department Head or his designee shall specify the
period of time, from six (6) months to five years that said * discipline will remain
in the affected employee's personnel file. At the end of said period of time, the
disciplinary action shall be removed from the employee's file provided that no
ensuing similar discipline has been imposed. Consistent with the above provisions,
all materials of this nature more than five years old shall be removed from
employees' personnel files.
33 %
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ARTICLE 27 WORK WEEK/DAY
Section 1.:
t
All employees of the National City Police Department covered by this agreement who
work four (4) ten (10) hour days per work week, including two (2) fifteen7minute (15-
minute) rest periods, one half (1/2) hour lunch break and "roll call" shall be scheduled
for three (3) consecutive days off per work week.
Section 2
All employees of the National City Police Department covered by this agreement who
work five (5) eight (8) hour days shall have two (2) consecutive days off per week.
Said shift shall include two (2) fifteen (15) minute rest periods and "roll call" and
one-half (1/2) hour off duty unpaid lunch break.
Section 3
If the rest periods are not utilized the time cannot be accumulated nor will
additional compensation be provided.
34 %
ARTICLE 28 P.O.S.T. TRAINING
All sworn Police Department employees should have equal opportunities to attend
P.O.S.T. training consistent with the needs of the Department.
35
ARTICLE
29 EMPLOYEE GRIEVANCE PROCEDURE
SECTION
1 - Purpose: The purpose and objectives of this Grievance Procedure of
the City
9f National City are:
(a)
To promote' improved employer -employee relations by establishing
grievance procedures on matters within the scope of a Memorandum of
Understanding between the City and a recognized employee association for
which appeal or hearing is not provided by other regulations.
(b)
To assure fair and equitable treatment of all employees and promote
harmonious relations among employees, supervisors and management.
(c)
To encourage the settlement of disagreements informally at the
employee -supervisor level and provide an orderly procedure to handle
grievances throughout the several supervisory levels where necessary.
(d)
To provide that appeals shall be conducted as informally as possible.
(e)
To resolve grievances as quickly as possible and correct, if possible, the
cause of grievances, thereby reducing the number of grievances and future
similar complaints.
This grievance
procedure is applicable to all employees in positions within a
/MIN
bargaining
unit represented by an employee association. This procedure does not
supercede
the grievance or other appeal procedures in the Civil Service Rules of the
City.
SECTION
2 - Identification of Participants For the purpose of this grievance
procedure,
the following definitions shall apply:
(a)
Association: The employee organization recognized by the City to
represent employees in the grievant's bargaining unit.
(b)
2!!y: The City of National City
(c)
City Manager: The City Manager or his designee.
(d)
Department: A major organizational unit of the City.
(e)
Department Head or Head of a Department: The chief executive officer
of a department.
(f)
Emplovee or -City EmploVee: A member of a bargaining unit either at
the time of initiation of the grievance or within 7 calendar days prior to
initiation of the grievance.
(g)
Employee Representative: 'An individual who appears on behalf of the
employee.
(h)
Grievance: A complaint of an employee, or a group of employees, or the
Association
on behalf of its membership as a whole, arising out of the
application or interpretation of existing provisions of an M.O.U.
36
im
(i)
Immediate Supervisor: ' The individual who normally assigns, reviews, or
directs the work of an employee.
(j)
Management: (1) Any employee having significant responsibilities for
formulating and administering City policies and programs, including but
not limited to the chief executive officer and department heads;
(2) Any employee having authority to exercise independent judgement
to hire, transfer, suspend, lay-off, recal4 promote, discharge, assign,
reward or discipline other employees, or having the responsibility to
direct them or to adjust their grievances, or effectively to recommend
such action if in connegtWiq with the foregoing the exercise of such
authority is not of a mVrly'routine or clerical nature, but requires the
use of independent judgement.
W
Memorandum of Understanding (MOU): A written agreement between
an employee organization and the City which is a result of the meet
and confer process
(1)
Personnel Officer: The Personnel Officer or his designee.
(m)
Second Level Supervisor: The individual to whom an immediate
supervisor normally reports.
SECTION 3
SCOPE OF GRIEVANCE PROCEDURE:
(a)
To be reviewable under this procedure, a grievance must:
1. Concern matters or incidents that have occurred.
2. Result from an act or omission by management which is alleged to
be a violation of a specific provision of a. current Memorandum of
Understanding.
3. Arise out of a specific situation, act or acts complained of as
being unfair which result'in specified inequity or damage to the
employee(s).
(b) A grievance is not reviewable under this procedure if either it is a
matter which would require the modification of the MOU or a policy
established by the City Council or by law. Also, a grievance is not
reviewable under. this procedure if it is reviewable under some other
administrative or Civil Service procedure such as:
1. Applications for changes in title, job classification or salary;
2. Appeals from formal disciplinary proceedings;
3. Appeals arising out of Civil Service examinations;
4. Appeals from work performance evaluations.
37
(c) A complaint may not be considered under this procedure if a grievance
has been filed on the same matter under the Civil Service Grievance
Procedure (Rule IX).
SECTION 4 SPECIAL PROVISIONS OF THE GRIEVANCE PROCEDURE:
(a) Procedure for Presentation: In presenting a grievance the employee
shall follow the sequence and the procedure outlined in Section 5 of
this Procedure.
(b) PrOMDt Presentation: The employee shall discuss the grievance with
the immediate supervisor promptly after the act or omission of
management causing the grievance.
(c) Submittal of Grievance: The written grievance shall be submitted on a
form prescribed by the Personnel Officer for this purpose. At each
leve4 the form must be completed fully, signed by the grievant and
hand -delivered or sent by U.S. mail to the designated reviewer's office
with a copy being sent to the Personnel Office, also, within the
specified time limits.
(d) Statement of Grievance: The grievance must contain a statement of:
1. The specific situation, act or acts complained of as being unfair;
2. The specific provision(s)of the MOU which has been violated;
3. The inequity or damage suffered by the employee;
/OWIN 4. The relief sought.
it 5. The representative of the grievant (if applicable)
(e) Employee Representative: The employee may choose someone to
provide representation at any step in the procedure. No person hearing
a grievance need recognize more than one representative for any
employee at any one time.
M Handled During Working Hours: Whenever possible, grievance hearings
and meetings with reviewers will be conducted during the regularly
scheduled working hours of the parties involved.
(g) Extension of Time: The time limit within which action must be taken
or a decision made as specififed in this procedure may be extended by
mutual written* consent of the parties involved. A statement of the
duration of such extension of time must be signed by both parties
involved at the step to be extended.
(h) Consolidation of Grievances: If the grievance involves a group of
employees or if a number of employees file separate grievances on the
same matter, the grievances may be handled by management as a single
grievance.
0
SECTION 4 - SPECIAL PROVISIONS OF THE GRIEVANCE PROCEDURE: (continued)
W Settlement: A grievance shall be considered settled and not subject to
further consideration or re -filing if any of the following conditions exist:
1. The grievant indicates in writing that the grievance is withdrawn.
2. The speicific remedy requested on the grievance form is granted.
3. The grievant does not submit the grievance to the next higher level
of review with the normal time limits or extended time limits
obtained in writing by mutual agreement.
Rejection: A grievance may be rejected for consideration at any time
during the grievance review process for any of the following reasons:
1. The grievant does not meet the definition of "employee" indicated in
Section 2.
2. The subject of the grievance is outside the scope of the procedure as
indicated in Section 3.
3. The grievant does not comply with any of the requirements of
Sections 4 or 5.
(k) Representation: The grievant may elect to be represented by the
/AIN Association or any other person or to represent him/herself. If the
grievant elects to not be represented by the Association, the Association
shall be given a copy of the grievance and its resolution.
(1) Deletion of Ste By mutual written consent of the department head
and the grievant, any one or more of the first'three steps of the
procedure may be omitted in consideration of a specific grievance when
it is felt that this is in the best interests of an equitable and
expeditious resolution of the grievance.
W Reprisals: The grievance procedure is considered an integral part of the
employee -employer relation policy of the City. As such, it is intended
to assure a grievant and his/her representative the right to present the
grievanca. without fear of disciplinary action or reprisal of any kind by
his/her supervisor or other agents of the City provided he/she observes
the provisions of the grievance procedure.
39 %
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SECTION 5 - GRIEVANCE PROCEDURE STEPS: The following procedure shall. be
followed by an employee submitting a grievance:
STEP I: Immediate SUDervisor: The employee shall discuss the grievance
with the immediate supervisor within twenty (20) calendar days of
the alleged act or omission of management causing the grievance.
Within seven calendar days the supervisor shall give a decision to
the employee verbally.
STEP II: Second -Level Swervisor: If the employee and supervisor cannot
reach an agreement as to a solution of the grievance' or the
employee has not received a decision within the time limit above,,
the employee may within seven calendar days present the grievance
in writing to his/her supervisor who shall endorse his/her comments
thereon and present it to his/her second level supervisor within
seven calendar days. The second -level supervisor shall hear the
grievance and give a written decision to the employee within
fourteen calendar days after receiving the grievance.
STEP III. Department Head: If the employee and second level supervisor
cannot reach an agreement as to a solution of the grievance or the
employee has not received a written decision within the time limit,
the employee may within seven calendar days present the
grievance in writing to the department head. The department head
shall hear the grievance and give a written decision to the
employee within fourteen (14) calendar days.
STEP IV:
(a) Grievance to Personnel Officer: If the grievant and the
department head cannot reach an agreement as to a solution of the
grievance or the employee has not received a written decision
within the time limit, the grievant may within fourteen (14)
calendar days present the grievance in writing to the Personnel
Officer.
(b) Selection of Board Members: Within seven (7) calendar days of
receiving the grievance at this level, the Personnel Officer shall
meet with the grievant and/or the grievant's representative to
select two members of a grievance hearing board. The grievant
and/or representative shall select one member; the Personnel
Officer shall select another member.
The two board members shall select a third member to serve as
Chairperson. The board members may be any persons who are not
directly involved in the incidents of the grievance or in the line of
supervision over the grievant either at the time of the hearing or
at the time the incidents referred to in the grievance occurred.
Any person nominated to be the chairperson shall be subject to
disqualification and the action of the Board cancelled if it can be
shown that he/she had direct interest in the resolution of the
grievance.
40
SECTION 5 (Continued)
(c) Hearing Procedures:
I
1.1 The board members shall be given prior access to the grievance form,
all written responses and all supportive material attached thereto.
2. The board shall provide written announcement of the location, date,
and time of the hearing to each side.
3. The hearing may be public or private as requested by the grievant.
4. The manager who is the subject of the grievance shall, be represented
by the Personnel Officer or other person designated by him/her.
5. Each side shall have the opportunity to present written and oral
evidence. Witnesses shall be under oath.
6.. The board shall rule on the admissability of evidence. Legal rules of
evidence shall not apply.
7. Each side shall recive a copy of the written evidence and have the
opportunity to question the witnesses of the other side.
8. There shall be no shorthand or mechanical recording of the hearing.
9. The board members, if City employees, are entitled to carry out all,
activities connected with the hearing - including preparation for the
hearing and preparation of report - on City. worktime.
10. Consistent with the above requirements, the board may establish such
additional procedures as it deems necessary to carry out its
responsibilities.
(d) Board Report
1. The board shall submit a written report of its findings to the City
Manager with copies to the grievant, the appropriate department head
and the Personnel Officer.
2. The report shall contain only the following:
a. Recommendation on each specific remedy requested on the
grievance form
b. Findings of fact about the alleged violation(s) by management.
c. The date, time and location of the hearing, the names of
witnesses and a copy of all pertinent documents.
41
4
0. SECTION 5 (Continued)
3. The board may recommend that no remedy be granted, that the remedy
sought be granted or that an alternate remedy be granted. In order to
grant some remedy to the grievant, it must be shown to the satisfaction
of the board that such remedy is justified by a preponderence, of evidence,
is consistent with the relevant MOU, and the grievant met the
requirements of the grievance procedure.
4. There shall be only one report from the board.
5.. The discussions of the board members are confidential. All copies of
materials and working papers of the board members shall be maintained by
the Chairperson of the Board for ninety (90) days after the decision of the
City Manager is disseminated and then destroyed as soon as practical
thereafter.
6. Necessary clerical support for the board shall be made available by the
Office of the City Manager.
(e) City Manager's Response: The City Manager shall provide writtten response to
both parties and the members of the Board on the resolution of the grievance.
If the City Manager disagrees with any recommendation of the Board, his
wri ' tten response shall indicate strong and compelling reason(s) for that
disagreement. Basis for disagreement may be any one or more of the following:
1.
The
Board substantially
deviated from the hearing procedures
.2.
The
recommendation is
in excess of the remedy sought on the initial
grievance submittal
3.
The
recommendation is
inconsistent with the MOU*
4.
The
recommendation is
inconsistent with the facts as stated in the
grievance form and/or the written information provided by the Board
The decision of the City Manager shall be final and not subject to further.
appeal except for such appeals to the Courts and State or Federal compliance
agencies as provided by law.
. SECTION 6 - INTERPRETATION AND APPLICATION
The Personnel Officer is reponsible for the interpretation and application of this
grievance procedure. In the event of disagreement with the Personnel Officer's
actions or interpretations, the final authority will be the City Manager. The
City Manager's determinations on the application and interpretation of the
grievance procedure are final and not subject to further appeal or grievance.
SECTION 7 - IMPLEMENTATION
Grievances which have been formally filed 'Fnd were in the -review process on
July 1, 1984, may be re -submitted for consideration under this Grievance
Procedure.
42 %
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f'..
ARTICLE -'30 CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS
The provisions of this Memorandum of Understanding shall not be revised to adversely
affect the employees covered by this Memorandum of Understanding during the term
of this Memorandum of Understanding.
Any written policies and procedures or past practices regarding wages hours and
0
working conditons subject to meeting and conferring which are currently in existence
and not changed by this MOU, shall not be revised to adversely affect the employees
covered by this MOU during the term of the MOU without prior meeting and
conferring in good faith with the Association.
43
1.
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ARTICLE 31 AGREEMENT, MODIFICATION, WAIVER
A. No agreement, alterationt understanding, variation, waiver or modification of
any of the terms or provisions contained herein shall in any manner be binding
upon the parties hereto unless made and executed in writing and affixed
hereto by all parties and approved by the City Council.
B. The waiver of any breach, term or condition of this memorandum by either
party shall not constitute a precedent in the future enforcements of all of its
terms and provisions.
A A
t
H
ARTICLE 32 OBLIGATION TO SUPPORT
The parties agree that subsequent to the execution of this Memorandum and during
the period of time said Memorandum is pending before the City Council for action,
neither the employee organization nor management, nor their authorized
representatives, will appear before the City Council or meet individually or
privately with said members of the City Council, to advocate any amendment,
deletion or addition to the terms and conditions of this Memorandum. It is further
understood that this article shall not preclude the parties from appearing before the
City Council to advocate or urge the adoption and approval of this Memorandum in
its entirety.
45
0
P
/dlwk
1k
/40k�
ARTICLE 33 PROVISIONS OF LAW
This MOU is subject to all future and current applicable federal,or state and local
laws and regulations.
If any.part or provision of this MOU is in conflict with such applicable provisions
of Federal or State laws or regulations, or is otherwise held to be invalid or
unenforceable by any tribunal of competent jurisdictiong such p"art or provision shall
be suspended and superseded by such applicable law or regulations, and the
remainder of the MOU shall not be affected, and the Employees' Association and/or
the City shall have the right to meet and confer within 30 days concerning said
section. This MOU shall supercede all City rules or ordinances which are in
conflict with this MOU.
46
(01*)
Ic-
ARTICLE 34 TERM OF AGREEMENT
The ter m of this agreement shall be from July 1, 1984 through June 30, 1987.
. ;o.
47
ARTICLE 35 RE -OPENER AND INSURANCE ADJUSTMENT PROVISIONS
Section 1
Renegotiations on Article 24 (Salaries) shall be conducted at an appropriate time prior
to the beginning of Fiscal Years 1985-86 and 1986-87 respectively. In order to
implement the provisions of this Section, written notification by the Association must
be provided to the City during the month of April prior to the beginning of Fiscal
Years 1985-86 and 1986-87 respectively.
Although the employee's contribution to PERS (Article 20, Section 2) is not a re -
opener and neither the Association nor the City is under any obligation to discuss this
item during the term of this agreement, it is understood that with the mutual
consent of management and the Association and approval by the City Council any
subsequent increase in salaries, approved pursuant to this Section, may be fully or
partially applied to the employee's PERS contribution for all employees covered by
this MOU.
Section 2
For Fiscal Years 1985-86 and 1986-87 respectively, each employee shall have
allocated by the City, for Articles 16 (Employee Health Insurance), 17 (Employee and
Dependent Dental Insurance), 18 (Employee Life Insurance) and 19 (Dependents
Medical Insurance) an amount equal to the total dollar amount approved for each of
those two fiscal years for the corresponding insurance programs in the MOU between
the City and the Municipal Employees Association (M.E.A.). This dollar amount shall
then be allocated as follows:
1. The amount allocated to Article 16 (Employee Health Insurance) of this MOU to
be equal to the amount allocated for this purpose in the corresponding article of
the MOU between the City and the M.E.A.
2. Any monies remaining following the allocation referenced in subsection 1 of this
Section shall be allocated to Article 19 (Dependents Medical Insurance) up to the
amount allocated for this purpose in the corresponding article of the MOU
I?
between the City and the Municipal Employees Association (MEA).
3. Any monies ralmaining following the allocation referenced in subsection 2 of this
Section shall be allocated to Article 18 (Employee Life Insurance) up to the
amount allocated for this purpose in the corresponding article of the MOU
between the City and the MEA.
4. Any monies remaining following the allocation referenced in subsection 3 of this
Section shall be allocated to Article 17 (Employee and Dependent Dental
Insurance) up to the amount allocated for this purpose in the corresponding
Article of the MOU between the City and the MEA.
OR
X ARTICLE 36 DEFINITIONS
Unless the particular provision or the context otherwise requires the definitions and
provisions contained in this article shall govern the construction, meaning and
applications of words and phrases used in this Memorandum of Understandincr.
0
ADVANCEMENT - Shall mean a salary increase within range of compensation
provided for each position, which is conditioned upon a given minimum term
of meritorious service in the same position and which is made without
examination.
ANNIVERSARY DATE - Shall mean the date that the employee completes
twelve calendar months of service. Under normal circumstances, when an
employee receives a promotion to a new classification, the promotion date
will become the new anniversary date for the employee.
APPOINTING AUTHORITY - Shall mean the City Council, the City Manager,
and any other person or body to whom the power to appoint personnel to
positions in the Classified Services may be delegated.
ASSOCIATION - Shall mean the National City Police Officers! Association.
CALENDAR YEAR - Shall mean a twelve-month period beginning January 1
/do's and ending December 31.
CLASS - Shall mean a position or group of positions sufficiently similar in
respect to duties and responsibilities that the same title may reasonably and
fairly be used to designate each position allocated to the class, that the same
minimum qualifications may be required, and the same salary range may be
made to apply with equity.
CLASSIFIED SERVICE - Shall mean all positions in the competitive service of
the City of National City which are subject to the provisions of the Civil -
Service Ordinance No. 1076 creating the Civil Services System and the Rules
of the Civil Service Commission.
COMPENSATION - Shall mean any salary, wage, fee, allowance or other
emolument paid to an employee for performing the duties and exercising the
responsibilities of a position.
A_r
0
COMPENSATION PLAN - Shall mean the official schedule of pay approved by
the City Council assigning one or more rates of pay to each class title.
COMPENSATORY LEAVE - Shall mean time off from work in lieu of
monetary payment for overtime worked.
CONTINUOUS SERVICE - Shall mean employment in the City service
uninterrupted by separation, and applies to the time a person has been
employed on a permanent basis, or to the continuation of employment from
temporary to a permanent appointment, without any break in service.
DEMOTION - Shall mean the appointment of an employee holding position in
one class to a position in another class having lower maximum salary rate, or
to a lower step within the same class.
DEPARTMENT - Shall mean the Police Department.
DEPARTMENT HEAD - Shall mean the Chief of Police or his designee
EMPLOYEE - Shall mean a person who is legally an incumbent of position in
the Classified Service or who is on authorized leave of absence from such a
position with the right to return to his position.
FISCAL YEAR - Shall mean a twelve month period beginning July 1 and
endincr June 30.
IMMEDIATE FAMILY - For the purpose of family care shall mean any person
living in the same household as the employee who is related by blood,
marriage or adoption. For purposes of memorial observance shall mean
parents or siblings of the employee, children of employee not living in the
same household and the parents and children of the employee's spouse.
INTERIM APPOINTMENT - Shall mean a short term appointment made from
an eligible list.
LAY-OFF - Shall mean the involuntary, nondisciplinary separation of an
employee from a position resulting from lack of work, lack of funjs, or
abolishment of a position.
LEAVE - Shall mean an approved type of absence from work as provided for
by these Rules.
PERMANENT EMPLOYEE - Shall mean an employee who has been appointed
to a permanent position. A permanent employee may be serving a probationary
period.
PERMANENT POSITION - Shall mean a specific office or classification,
whether occupied or vacant, carrying responsibilities and calling for the
performance of certain duties by one individual. This position shall be
included in the Classified Service and may be either on a part-time or full-
time basis.
It
14
V. 4 11
va
FA -Ma
PERMANENT STATUS - Shall mean the satisfactory completion of one year of
probationary service and continuing permanent appointment.
PERSONNEL OFFICER - Shall mean the City Manager or the person appointed
by the City Manager to act as Secretary to the Civil Service Commission, to
administer the activities of the Personnel Department, and to exercise general
supervision over the employment policy of the City subject to the direction of
the Commission.
POSITION - Shall mean any specific office or classification, whether occupied
or vacant, carrying certain responsibilities, and calling for the performance of
certain duties by one individual, either on a full-time basis or part-time basis.
PROBATIONARY PERIOD - Shall mean the working test period during which
an employee is required to demonstrate his fitness by the actual performance
of the duties and responsibilities of his position and during which time he may
be terminated without right of appeal to the Civil Service Commission.
PROBATIONARY STATUS - Shall mean service in a permanent position
prior to completion of the prescribed period of probationary service.
PROBATIONER - Shall be an employee in the Classified Service who is
serving a probationary period.
PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a
person who possesses the minimum qualifications established for a particular
class and who has been appointed to a position in the class in the absence of
available eligibles; any non -permanent appointment, other than seasonal, part-
time or emergency appointment, which is not made from a re-employment list
or an eligible list.
SALARY RANGE - Shall mean one or more but commonly five specific pay.
rates having a percentage relationship to one another, assigned to a class of
positions as the compensation for the class.
SALARY RATE - Shall mean a specific dollar amount, expressed as either an
annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate, or an
hourly rate, as shown in the compensation plan of the City.
SALARY STEP - Shall mean the location of a salary rate within a salary
range, as identified by a letter of the alphabet.
0
SENIORITY - Shall mean the number of months of continuous service in the
Police Department in a permanent position.
TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position
of a non -permanent nature on a provisional basis..
.A
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K
ADDENDUM NO. 1 to the M.O.U.
The City agrees to form a committee of representatives of management and the
Associations to evaluate the desirability of changing from semi monthly to bi-weekly
pay periods and making recommendations on this subject prior to January 1, 1985.
Each recognized Association will be invited to designate up to two persons to serve
on the Committee, however only one employee per Association may participate on
paid work time. The final determination on whether to implement bi-weekly pay
periods shall be made by the City Manager or his designee. If the City Manager or
his designee determines to implement the bi-weekly pay period, it shall be
implemented by July 1, 1985.
It is understood at the outset that any change in pay periods must be implemented
City-wide.
"Emd.
SALARY Pf IDULE
ADDENDUM
NO. 2 to the
M.O.U`t*1
POLICE
DL. .. TMENT
EFFECTIVE JULY ll 1984
RANGE
POSITION
STEP A
STEP B
STEP C
STEP D
STEP E
89
Dispatcher Matron
40 Hr Week
Semi-monthly
7.45
645.50
7.82
678.00
8.22
712.00
8.62
747*50
9.06
785.00
Monthly
11291.00
11356.00
1,F424.00
lf495:00
11570.00
Annual
l5l492.00
16F272.00
17,088.00
17,940.00
l8p840.00
94
Animal Control Officer
40 Hr Week
Semi-monthly
7.54
653.50
7.92
686.00
8.3'1
720.50
8.7,3
756.50
9.17
795.00
Monthly
jl,307.00
ll372.00
1,441.00
11513.00
115DO.00
Annual
15,684.00
16,464.00
17,292.00
18,156.00
19,080.00
121
Police Officer
40 Hr Week
10.34
10.86
11.41
11.98
12.58
Semi -Monthly
..896.50
941.50
988.50
1-j,038.00
1,090.00
Monthly
11793.00
If,
1"883.00
"11977.00
21076.00
21180.00
Annual
21,516.00
22,596.00
23l724.00
24,912.00
26,160.00
136
Police sergeant
40 Hr. Week
Semi-monthly
12.33
11068.50
12.95
11122.00
13.59
1,178.00
14.27
1,237.00
14.99
11299.00
Monthly
.21137.00
21244.00
21356.00
21474.00
21598.00
Annual
25,664.00
26,928.00
28,272.00
29,688.00
31,176.00
148
Police Lieutenant
40 Hr Week
14.20
14.91
15.65
16.44
17.26
Semi -Monthly
1,230.50
11292.00
11356.50
11424.50
11495-50
Monthly
21461.00
2l584.00
2,713.00
.2,849.00
21991.00
Annual
29,532.00
31,008.00
32,556.00
34,188.00
35,892.00
Police Class I
40 Hr Week
9.85
Semi-monthly'
854.00
Monthly
1,708.00
Annual
20,496.00
Police Class II
40 Hr Week
9.39'
Semi-monthly
813.50
Monthl-,,
11627.00
Annual
19,524.00
r, )
0
RANGE POSITION
SALARY SCHEDULE ADDENDUM NO. 2 (continued)
POLICE DEPARTMENT
EFFECTIVE JANUARY 1,, 1985
STEP A' STEP B STEP*C STEP D STEP E
89
Dispatcher Matron
40 fir Week
7.52
7.90
8.29
8.71
9.14
Semi -Monthly
652.00
684.50
718.50
754.50
792.00
Monthly
1j304.00
1*1369.00
1*1437.00
11509.00
11584.00
Annual
15,648.00
16,428.00
17p.244.00
18JV108.00
19,008.00
94
Animal Control Officer
40 11r Week
7.62
8.00
8.39
8.82
9.25
Semi -Monthly
660.00
693.00
727.50
764.00
802.00
Monthly
11320.00
lF386.00.
1,455.00
lt528.00
1r604.00
Annual
15,840.00
16,632.00'
17F460.00
18,336.00
19,248.00
121
Police Officer
40 hr week
10.45
10.97
11.52
12.10
12.70
Semi -Monthly
905.50
951.00
998.50
1-1048.50
1?101.00
Monthly.
11811.00
11902.00
1,997.00
2j097.00
21202.00
Annual
21r732.00
22,824.00
23,964.00
253164.00
26,424.00
136
Police Sergeant
40 lir Week
12.45
13.07
13.72
14.41
15.13
Semi -Monthly
1*1079.00
1F133.00
11189.50
1F249.00
1'01311.50
Monthly
21158.00
21266.00
21379.00
2t498..00
.2l623.00
Annual
25,896.00
27,192.00
28t548.00
29j976.00
31,476.00
148
Police Lieutenant
40 fir Week
14.34
15.06
15.81
16.60
17.43
Semi -Monthly
I *,v243. 00
1,305.00
lt370.50
11439.00
10511.00
Monthly
21486.00
21610.00
21741.00
21878.00
31022.00
Annual
29,832.00
31,320.00
32,892.00
34,536.00
36,264.00
Police Class I
40 lir Week
9.95
Semi -Monthly
862.50
Monthly
11725.00
Annual
20r700.00
Class II
40 11r Week
9.48
Semi -Monthly
821.50
Monthly
11643.00
71. � � I % % 1
10 '71 r. - on