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HomeMy WebLinkAboutPOA MOU July 1 1984 through June 30 1988MEMORANDUM OF UNDERSTANDING between City. -of National City and Na1lion-al City...., Police. -Officers'. Association. July 1, 1984 - June 30, 1988 /00*� REVISION AND EXTENSION OF MEMORANDUM OF UNDERSTANDING CONCERNING 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, 1986 - June 30, 1988 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 for the period July 1, 1986 through June 30, 1988. Said agreement has been incorporated in total in the existing Memorandum of Understanding (MOU) for the period July 1, 1984 through June 30, 1987 by the revision of the MOU and its extension through June 30, 1988. 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. 0 For the City: To c a Municipal Employee Richard D. Schulman, Chairperson Assistant to the City Manager Personnel For the Association: Ka1hryn 'RapozA, 46mber - --- I LL-- Michael Tricker, Member E. T. Deese, Chairperson ATFf TABLE OF CO.NTENTS ARTICLE I IMPLEMENTATION 1 ARTICLE 2 RECOGNITION 2 ARTICLE 3 VACATION AND HOLIDAY LEAVE 3 ARTICLE 4 LEAVE ELIGIBILITY AND PROCEDURE 5 ARTICLE 5 MILITARY LEAVE 6 ARTICLE 6 MATERNITY LEAVENATERNITY LEAVE 7 ARTICLE 7 COURT LEAVE 8 ARTICLE 8 SICK LEAVE WITH PAY 9 ARTICLE 9 SPECIAL LEAVE WITH PAY 13 ARTICLE 10 THE COMPENSATION PLAN 14 ARTICLE 11 PAY DIFFERENTIAL 16 ARTICLE 12 OVERTIME 17 ARTICLE 13 COMPENSATORY TIME OFF 18 ARTICLE 14 EDUCATIONAL INCENTIVE PAY 19 ARTICLE 15 LONGEVITY PAY 21 ARTICLE 16 EMPLOYEE HEALTH INSURANCE 22 ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE 23 ARTICLE 18 EMPLOYEE LIFE INSURANCE 24 ARTICLE 19 DEPENDENT MEDICAL INSURANCE 25 ARTICLE 20 PUBLIC EMPLOYEE'S RETIREMENT SYSTEM 26 ARTICLE 21 MANAGEMENT RIGHTS 27 ARTICLE 22 LONG TERM DISABILITY INSURANCE 28 ARTICLE 23 UNIFOR-,-Vl AND EQUIPMENT ALLOWANCE 29 ARTICLE 24 SALARIES 30 ARTICLE 25 ASSOCIATION RIGHTS 31 ARTICLE 26 EMPLOYEE RIGHTS 32 ARTICLE 27 WORK/WEEK DAY 34 ARTICLE 28 P.O.S.T. TRAINING 35 ARTICLE 29 EMPLOYEE GRIEVANCE PROCEDURE 36 ARTICLE 30 CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS 43 ARTICLE 31 AGREEMENT, MODIFICATION WAIVER 44 ARTICLE 32 OBLIGATION TO SUPPORT 45 ARTICLE 33 PROVISIONS OF LAW 46 ARTICLE 34 TERM OF AGREEMENT 47 ARTICLE 35 RE -OPENER AND INSURANCE ADJUSTMENT PROVISIONS 48 ARTICLE 36 DEFINITIONS 49 ADDENDUM NO 1 TO THE MOU 52 ADDENDUM NO 2 TO THE MOU 53 ARTICLE I IMPLEMENTATION This INIOU constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this UOU shall not be binding upon the 0 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 AIOU. 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 chanaes in ordinances, resolutions, rules, policies and procedures to 0 implement and conform to this agreement for the period as specified in this MOU. Alr*s 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. rww�'N Animal Control Officer Police Dispatcher/Matron Police Officer Police Sergeant Police Lieutenant 2 /00*N 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 �uch 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 15.33 hrs. per month of service 61 - 180 months 13.66 hrs. per month of service over 180 months '742.00 hrs. per month of service It is recoanized that this accrual includes eicrht (8) hours credit for each of the 0 0 following holidays New Year's Day Admission Day Lincoln's Birthday Columbus Day Washinarton's Birthday Veterans Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor 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. 0 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 fastt thanksgiving or holiday, with the exception of Good Friday., shall be honored as an additional holiday and eight (8) hours will be credited to the employees'. vacation and holiday balance. Employees may request time off to attend religious services or other religious activities on Good Frida or on other 0 y 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 1. Vacation -schedules shall be arranged by the Department Headtaking into account the needs of the Department, the needs and wishes of the employee and the employees seniority. 0=1\ 3 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 employees' 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 date,, 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 NI.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 hiinself/herself onterminal vacation and holiday leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at tile end of said period. �M-72 ARTICLE 4 LEAVE ELIGIBILITY AND PROCEDURE Section I Leave Cate-yories 0 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 a the employee and the Department Head, should be forwarded to the Personnel Office at least one week in advance of the beainnin:1- 0 0 date of the leave requested. Section 4 Leave of Absence - Commencement and Termination Each leave of absence shall be aranted for a specific period of time and a specific 0 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. a 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 0 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 aranting the leave. A copy of a written order granting a leave of absence 0 must be filed with the Department Head and the Personnel Department. 5 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 absen"ce and the employment rights and privileges provided by the LMilitary and Veterans' Code of the State of California. 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 los , s 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 -appointment or r'e- employment. (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 employees 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) Durincr 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 recrular salary for a period not to exceed thirty calendar days in any one fiscal year. All services of said employee in the recoamized military service shall be counted as employment with the City. D-1 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 usacre does not require doctor's or other verification of disability. Any such usacre 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 0 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 0 her job back or a comparable one if she returns on the date specified on the leave approval. 7 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. 8 ARTICLE 8 SICK LEAVE WITH PAY 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 0 Section I 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 (1) 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 Charcreable 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: 1. Disability arising from any sickness or injury purposely self-inflicted. 2. Disability arising from any sickness or injury caused by willful misconduct. 1 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. Op B. Absence that is chargeable to sick leave in accordance with this article shall be 0 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. 9 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 Heeid may waive the above requirements if, in his/heropinion, an emergency or- other exceptional circumstances so warrants. 0 Section 5 Physician's Statement Required A. When absence is for more than three (3) consecutive working days, thedepartment head shall require the employee to furnish, at the employee's expense, a certificate or statement from a licensed and practicing physician, indicatina- 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 home/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 ricrht 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. 10 Section 7 Illnes's During Vacation Leave 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 doctors statement or other evidehce 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 oon 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)* 0 days of sick leave, or less, during the fiscal year may convert twenty-five percent (25?6) of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accoumulated for use when needed. 11 2. Pay shall be computed based on the following schedule an-d all computations shall be rounded to the nearest whole hour: Remaining 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) 0 days (EXAI"?IIPLE:. 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 remainin3- 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 250.0 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 0 computed based on the employee's salary step on June 30 of the preceding fiscal year. 5. Payment will be made to an employee hired during the fiscal year on a 0 prorated basis provided he is on the payroll June 30. 6. Permanent employees who retire during the fiscal year will be 0 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. 12 ARTICLE 9 SPECIAL LEAVE WITH PAY Section .1 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 employees 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, 0 shall be granted special emergency leave with pay by the Department Head to be 0 0 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. 13 (17 ARTICLE 10 THE COMPENSATION PLAN Section I Salary Advancement The Compensation Plan has the following characteristics: (1) The salary ranae for Police Officer consists of 7 steps. The range for all a 0 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. 1 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 0 0 the salary range. Salary advancement for each employee shall be granted only upon a 0 0 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 11-lanager 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 Personnel rules, he/she may appeal said denial throuc-rh tile established grievance Procedure& Section 2 Salary Steps The steps of the salary range shall be interpreted and applied 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 0 salary advancement. The second step of the salary range will be approximately 5% less than "All step. (3) The third salary step - "All step: Six (6) months of satisfactory service at the second salary step shall make an employee eligible consistent with Section I for this salary advancement. 14 (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 elicrible for considera'tion for this salary advancement a (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 lt 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 - "Ell 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. 15 I Mft� ARTICLE 11 PAY DIFFERENTIAL Section I Those employees classified as: 1 Police Officer; or 2. Police Sergeant; or 3. Police Lieutenant and assigned to the Investigative Division, on a permanent basis, shall receive a pay 0 differential of $115 per month for the duration of said assianment. CP 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 Docr/Animal Handler'duty on a permanent basis shall receive a pay differential of 0 $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 assianment. Effective July 1, 1985, this differential shall be increased to. $100 o 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 A ARTICLE 12 OVERTIME 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 disreaarded 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 proceedings 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 overtime is within one hour of the beginning of the employee's rwh� re'aular work period, in which case a one -hour minimum will be paid. 0 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. (6) Aloncr with other riahts reserved to management, the right of 0 a 0 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. 17 (tawb� ARTICLE U 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 11comp 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 Aloncr with other riahts reserved to management, the right of management 0 to moake changes in* prior practices to more effectively and efficiently carryout the 0 requirements of the Federal Fair Labor Standards Act is recognized subject to the followina 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 ce The Association reserves the ria-ht to meet and confer on these 0 changes by submittal of a written request within thirty (30) days prior to or after their implementation. 18 (110111 % eds;� (00b� ARTICLE 14 EDUCATIONAL INCENTIVE PAY Employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting, the requirements indicated below. Civilian employees' will '2 not be required to obtain the POST certificates. LEVEL I LEVEL II $25-00 per month $50.00 per month compensation compensation AS or AA in field BS or BA in field and 3 years exper- or LLB with 3 vrc ience. experience. j 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 POST 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 LEVEL III $75.00 per month compensation AMS or MA in field or JD and Adv. POST with 5 years exper- ience. 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 Enforcement Administration, Public Administration and Jurisprudence. Tile City Manager will make the final determination as to a program "relatedness" to law enforcement. The institution conferrinx the degree must be accredited by the California Department of Health, Education and Welfare or any successor agency /departm en t. 19 5. An Officer may qualify for Level II Educational Incentive without the formallv 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. 0 These numbers indicate Training & Educational ME) 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 /dd 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 uninterrUDted 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) After 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. AD\ 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 Iong-evity pay shall be forfeited 11 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 $88.42/month 1986-87 $88.42/month 1987-88 $88-42/month In the event the cost of providing employee health insurance exceeds -the established City contribution, the employee must pay the excess amount. 22 REVISED: 7/1/86 /101� 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 j. 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 $14.02/month 1987-88 $14.02/month In the event the cost of providing Employee and Dependent Dental Insurance exceeds the estalished City contribution,, the employee must pay the excess amount. REVISED: 7/1/86 23 E&E-112 WM"- a eshl� 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 $5.00/month 1986-87 $5.00/month 1987-88 $5.00/month In the event the cost of providing Employee Life Insurance exceeds the established City contribution, the employee must pay the excess amount. 24 REVISED: 7/1/86 eml� /doll� 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 limitat i ons of the Dependents Medical Insu'rance 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 $78.56/month 1987-88 $78.56/month 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. REVISED: 7/1/86 25 (S7 ARTICLE 20 PUBLIC EMPLOYEES RETIREINIENT 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 Day the first five (5) percent of the employees' cost of the retirement plan under the Public EmDlovee's Retirement System and said money shall be vested in the employee's account., 26 'A� Oal� ARTICLE 21 MANAGEPYIENT 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: 0 to determine the mission of its constituent deoartments, 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 ODerations; determine the methods, means and personnel by which government ODerations are to be conducted; determine the content and intent of ip6 classifications; approve or disaDDrove secondary employment held by deDartmental employees; determine methods of financing; determi"ne s-tvle and/or types of City -issued wearing apparel, equipment or techn-oloa to be used; determine and/or change the facilitie's. methods technology, means, organizational structure and size and composition.of th-e work force and allocate and assign work by which the City ODerations are to be conducted; determine and change the number of r;cations, 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 0 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. 28 ARTICLE 23 UNIFORM AND EQUIPMENT ALLOWANCE Section 1 The City will provide the following amounts for each sworn 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 foUowina- amount IA� 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 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 Effective July 1, 1986 Eic-ht per cent (8%) Increase: Animal Control Officer Police Of ficer Police Sergeant Nine per cent (9%) Increase: Police Dispatcher/Matron Eleven per cent (11%) Increase Police Lieutenant 1987-88 Effective July 1, 1987 Eight per cent (8%) Increase for all classes 1410) Section 2 Salary Schedule The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. REVISED: 7/1/86 30 ARTICLE 25 ASSOCIATION RIGHTS Section 1 The City recognizes the right of the Association to crovern 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 deductionsg 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 Citv ha continue to withhold such deductions unless the emplovee files a written statement with the City withdrawing authorization for the continu�d withholding of the deductions. Section 3 The Association shall have sole and exclusive use of specific bulletin board space, clearly marked and identified as such, of roughly four feet by i eight feet in dimension, located in the hallway area of the Police Department. The Police Chief shall desianate the authorized bulletin board space and -said space shall be the only space which is authorized for the posting of Association business. Nlaterial 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 tasteg defamatory, or involve support or 0 The Police opposition to candidates for political office within the City government. 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: Preparing and presenting grievances (2) Preparing and processing material for Disciplinary Hearing 0 a (3) Preparing and presenting material for any legitimate Employer - Employee 0 . 0 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 Police, 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. 31 ldrl� %. ARTICLE 26 EINIPLOYEE RIGHTS r Each individual employee shall have the following rights which he/she may exercise in accordance with the National City Emplover-Employee Relations Resolution and all applicable laws, ordinances, and rules and regulations and this MOU.: 1. The ricrht to form, join, and participate in the activities of employee 0 organizations of his/her own choosing for the purpose of representation on tp 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 ricrht to be free from interference, intimidation, restraint. coerciong 0 discrimination, or reprisal on the part of his deDartment head for his membership or non -membership in any emplovee- organization or with respect to any lawful. activitv associatea 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 CTfficer. That personnel file shall be the on1v official source or repository of documents pertaining to the employe e'S- Derfor m anc e, past and present, leave requests, disciplinary records, 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 oncroing investigation or in prepartion for an employee performance appraisal report. However at such time as the investicration 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 emoloyee's official personnel file without his/her knowledge. 32 ARTICLE 26 EMPLOYEE RIGHTS continued Nk 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 shan 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 �ase 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 shiU be removed from the employee's file provided that no ensuing similar discipline has been imposed. Consistent with the above provisionst all materials of this nature more than five years old shall be removed from employees' personnel files. ?08� N. 33 ARTICLE 27 WORK WEEK/DAY Section 1 All employees of the National City Police Depar-tment covered by this agreement who 0 work four (4) ten (10) hour days per work week, including two (2) fifteen -minute (15- minute) rest periods, one half (1/2) hour lunch break and "roll can" 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 DeDartment employees should have equal ODportunities to attend P.O.S.T. trainina, consistent with the needs of the DeDartment. 35 0 ARTICLE 29 EMPLOYEE GRIEVANCE PROCEDURE SECTION 1 - Purpose: The purpose and objectives of this Grievance Procedure of the City of 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 eMDloyees and promote harmonious relations among employees, supervisors and management. (c) To encourage the settlement of disagreements informally at the enlDloyee-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 ol grievances, thereby reducing the number of grievances and future similar complaints. This grievance I? procedure is applicable to all employees in positions within a . 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 PartiCiDants: 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) City: The City of National City (c) Citv Manager The City Manager or his designee. (d) DeDartment: A major organizational unit of the City. (e) DeDartment Head or Head of a DeDartment: The chief executive officer of a department. EMDlovee or City EMDlovee: 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. EMDlovee 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. 9.1- ,AMC '11%. W Immediate SLIDervisor: The individual who normallv assigns, reviews, or directs the work of an employee. W Management (1) Any employee having significant responsibilities for Z3 0 formulatincr and administering City policies and Drograms, including but Z7 not limited to the chief executive officer and d'epartment 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 connection with the foregoing the exercise of such authority is not of a merly routine or clerical nature, but requires the use of independent judgement. Memorandum of Understanding (NIOU): A written agreement between an enlDloyee organization and the City which is a result of the meet and conter process (1) Personnel Officer: The Personnel Officer or his designee. (m) Second Level SUDervisor: The individual to whom an immediate Supervisor normaily 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 Understandincr. 3. Arise out o*f 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 COMDlaint 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 shail follow the sequence and the procedure outlined in Section 5 of this Procedure. -1 (b) Promot Presentation: The employee shaU 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 COMDleted ful1y, signed by the grievant and hand -delivered or sent by U.§. 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 arievance must contain a statement of: 0 1. The specific situation, act or acts complained of as being unfair; g 2. The specific provision(s)of the MOU which has been violated; 3. The inequity or damage suffered by the employee; 4. The relief sought. 5. The representative of the grievant (if applicable) (e) Eme-lovee ReDresentative: 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 Mp 0 employee at any one time. Handled During Working Hours: Whenever possible, grievance hearings and meetinas 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. SECTION 4 - SPECIAL PROVISIONS OF THE GRIEVANCE PROCEDURE: (continued)' 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 specific 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. Q) Reiection: 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. 1 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. W ReDresentation: The grievant may elect to be reDresented by the 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. 0 (1) Deletion of SteDW: 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 ReDrisals: 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 hisher. representative the right to present the grievance 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 SECTION 5 - GRIEVANCE PROCEDURE STEPS: The following procedure shall be followed by an employee submitting a grievance: STEP I: Immediate Supervisor: The employee shall discuss the grievance. with the immediate -supervisor within twenty (20) calendar days of the allecred act or omission of manacrement causing the grievance. 0 Within seven calendar days the su the employee verbally. pervisor shaU give a decision to STEP H: Second -Level Supervisor: 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. Deoartment Head: If the employee and second level supervisor cannot reach an agreement as to a solution of the grievance or the eMDloyee 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: Hearing: (a) Grievance to Personnel Officer: If the grievant and the department head cannot reach an agreement as to a solution of the 0 grievance or the employee has not received a written decision within the time limit, ihe grievant may within fourteen (14) 0 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 leve4 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 occurre"'d'. 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. I 40 SECTION 5 (Continued) (c) Hearing Procedures: 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 hearincr 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 CODY 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 enlDlovees, are entitled to carry out all activities connected with the hearing - including preparation for the .2 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 ReDort: 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 allecred violation(s) by management. Z� 0 c. The date, time and location of the hearing, the names of witnesses and a copy of all pertinent documents. . 41 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 6e Board on the resolution of the arievance. 0 If the City Manager disagrees with any recommendation of the Board, his t� written reSDonse 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 wappeals 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 and were in the review process on July 1, 1984, may be re -submitted for consideration under this Grievance Procedure. 42 tA� ARTICLE 30 CONTINUATION OF WAGES, HOURSS 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 MemoranLm of Understanding. Any written policies and procedures or past practices regarding wages hours and 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 ARTICLE 31 AGREEMENT, MODIFICATION, WAIVER A. No agreement, alteration, understanding, variation, waiver or modification of 0 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 oi all of its terms and provisions. L�� ARTICLE 32 OBLIGATION TO SUPPORT . V 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 C�ounci4 to advocate any amendment,, deletion or addition to the terms and conditions of this iMemorandum. 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 entiretv. 45 /aft7 It /dw� IZ7 ARTICLE 33 PROVISIONS OF LAW This MOU is subject to all future and current applicable federal, or* state and local laws and rea-ulations. Z) If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or recrulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part 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 L'Y10U. 46 ARTICLE 34 TERM OF AGREEMENT The term of this agreement shall be from July 1, 1984 through June 30, 1988. 0 /40111A fA� REVISED: 7/1/86 47 el�\ 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 employees PERS contribution for all employees covered by this MOU. Section 2 For Fiscal Year 1985-86 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 insurafice) an amount equal to t4ws� the total dollar amount approved 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: 11931� 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 between the City and the Municipal Employees Association (MEA). 3. Any monies remaining 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. (Continued) REVISED: 7/1/86 48 eaol� eom\ ARTICLE 35 RE -OPENER AND INSURANCE ADJUSTMENT PROVISION (CONTINUED) Section 3 For Fiscal Year 1986-87, the City's contribution for insurance programs shall be increased by $20.58 per month for each employee eligible for this benefit. This money is to be allocated in the following manner: Article 19 - Dependents' Medical Insurance: $20.58 per month Section 4 There shall be no re -openers for negotiation for Fiscal year 1987-88. 49 I REVISED: 7/1/86 ?Omftl� tdft� 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 Understanding. 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. 0 ASSOCIATION - Shall mean the National City Police Officers' Association. CALENDAR YEAR - Shall mean a twelve-month period beginning January 1 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. 50 jl� r go 1� 14fta� COMPENSATION PLAN - Shall mean the official schedule of pay approved bythe 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 I and ending 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 employees 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 funds, 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. OXWN 51 emk� 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 of fice 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 OMN 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. 04b"A 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. 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. 52 edft\ 170- a ADDENDUM NO. I 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. 53 CITY OF NATIONAL CITY PACE I SALARY SCHEDULE PDA RUN DATE: 07-09-86 JULY Is 1986. RANGE DESCRIPTION STEP A STEP B STEP C STEP- D STEP E P094 BI-WEEKLY 697.35 732.23 768.85 807.31 847.69 ANNUAL 18,131.00 19,038.00 19,990.00 20,990.00 22*040.00 Animal Control SEMI-MONTHLY 755.46 25....., 832. 92 58 918. 33 officer 40-HR WEEK 8.72 .793. 9.15 - 9.61 .874. 10.09 10.60 P095 A BI-WEEKLY 708.'33 743.77' 780.9�_ 820.'00 861.00 Dispatcher/Matron -,ANNUAL 18,417.00 19,330.00 20t3O5.00 21 a 32(Z. 00 22,3C6. 00 SEMI-MONTHLY 767.38 805.75 846.04 888.33 932.75 40-HR WEEK 8.85 9.30 9.76 10.25 10.76 P121 BI-WEEKLY' 936.54 1*004.38 1,054.62 1# 107.35 1,162.73 ANNUAL 24s870.00 26,114.00 27,420.00 28,791.00 30,231.00 Police Officer SEmr-MONTHLY lo.036.25 18088.08 It.142.50 1*199.63 - 1,259.63 40-HR WEEK 11.96 12.55 13.18 13.e4 14.53 P136 BI-WEEKLY I t' 139. 50 1,196.46 1#256.27 1,319.OB 1,385.04 ANNUAL 290627.00 31,108.00 32*663.00 34#296.00 36,011.00 Police Sergeant SEMI-MONTHLY 1*234.46 lt296.17 1,360.96 lo429.00 1,500.46 40-HR WEEK 14.24 14.96 15.70 16.49 17.31 P148 Br -WEEKLY 1,349.42 to 416. 88 1 # 487.-73 1 1-562. 12 1#640.23 ANNUAL 35s 005. 00 36,839.00" 38,681.00 40#615.00 42,646.00 Police Lieutenant SEMI-MONTHLY lt461.88 lo534.96 1&611.71 lo692.29 1*776.92 40-HR WEEK 16. 87 17.71 18. 60 19.53 20.50 PCLASSI B r-WEEKLY* 19. 956.77 1#004. 62 1#054.85 1. 107. 58 ANNUAL 23,691.00 24,876.00 26o120.00 27,426.00 28:797.00 Pol. Of f . SEMI-MONTHLY 987.13 1,088.33 1#142.75 10.199. 88 Entry Level 40-HR WEEK 11.39 .1.*036.50 11. 96'-" 12. 56 13.19 13.84 Second Step PCLASSir BI-WEEKLY"''_­___'_______'* 1367.131 911.19 19004.62 1#054.85 Pol. Off. ANNUAL 22o563.00 23,691.00 24#876.00 26a120.00 27*426.00 Entry Level SEMI-MONTHLY 940.13 .987. 13 -1,936. 50 1 oee. 33 - ItI42.75 40-HR WEEK 10.85 11.39 11.96 12.56 13.19 First Step