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HomeMy WebLinkAboutPOA MOU July 1 1988ARTICLE 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 Pollee Department: Animal Control Officer Police Dispatcher/Matron Police Of ficer Police Sergeant Police Lieutenant -2- 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 sway from the work environment and to enable such employee to return to work mefitally 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 18.66 hrs. per month of service over 180 months 22.00 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 Veterans 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 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 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 1. Vacation schedules shall be arranged by the Department Head, taking into account the needs of the Department, the needs and wishes of the employee and the employees seniority. -3- GO 2. An employee may take earned vacation in any inclement of one (1) hour or more with the consent of the Department Head. Section 5 Vacation and Holiday Leave Accumulation i= Vacdtion 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 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 will use all accumulated vacation and holiday time and retire at the end of said period. -4- ARTICLE 4 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisons of this M.O.U. employees shall be entitled to holidays andfannual vacation and shall be allowed sick, injury, emergency, and special leaves of gbsence. 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 Termination 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. -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 absence and the employment right 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 ?0001N promotion, continuance in office or employment, re -appointment or reemployment. (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) 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. r"� -6- 14� 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 - WOU, 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 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 preventation of proof of the period of said employeds 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 theft_ position or who would expose fellow workers or the public ter contagious dist4se 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 Refined Sick leave is the necessary absence from duty of an employee because of: (1) 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 ,,o� (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 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: 1. 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. t'9=1N -9- rO'IN Section 4 Notification A. In order to receive compensation while on sick leave, ther 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 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 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. -10- 1� Section 7 Illness 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 ac(Lompanied by doctors 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. ARTICLE 9 SPECIAL LEAVE WITH PAY Section 1 Intent The intent of this Article is to mow the limited use of sick leave credits by an emi&oyee' 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, 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 AVOM*N 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- ARTICLE 10 THE COMPENSATION PLAN Section 1 Salary Advancement - - The Compensation Plan has the following characteristics: R (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 Personnel rules, he/she may appeal said denial through the 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 Wary 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 "A" 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 "A" 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. -14- ?AM1 (4) The fourth salary step - "B" step: Twelve (12) months of satisfactory service at the third salary step shall make an emplo-tee 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 "C" 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 satisfactory service to advancement. (6) The sixth salary step service at the fifth step Section 1 for this salary Employees hired prior satisfactory service to advancement. to July 1, 1981 require six (6) months of become eligible for consideration for this salary "D" step: Twelve (12) months of satisfactory shall make an employee eligible consistent with advancement. to July 1, 1981 require six (6) months of become eligible for consideration for this salary (7) The seventh salary step - "E" 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- IAMN ARTICLE 13 COMPENSATORY TIME OFF Section 1 Consistent with Article 12 of this M.O.U. every , employee is entitled to receive UA 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 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. 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 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 shell be prior to implementation unless this is not feasible due to unforeseen circumstances or legal require ments; 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. -18- ARTICLE 14 EDUCATIONAL INCENTIVE PAY Employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting the requirements indicated mow. Civilian employees will not be required to obtain the. POST certificates. LEVEL I LEVEL II LEVEL III *$5.00 per month $50.00 per month $75.00 per month compensation compensation compensation AS or AA in field BS or BA in field MS or MA in field and 3 years experience or LLB with 3 yrs. or JD and Adv. POST experience. with 5 years experience. 52 1/2* and Int. As or AA in field POST with 4 years plus 52 1/2* and experience. Int. POST with 4 years experience. 37-1/2* and Int. AS or AA in field POST with 6 years plus 37 1/2* and experience. Int. POST with 6 years experience. 22 1/2* and Int. AS or AA in field POST with 8 years plus 22 1/2* and experience. Int. POST with 8 years experience. GENERAL REQUIREMENTS 1. Completion of the Probationary Period with the National City Police Department. 2. Performance Report of at least "Satisfactory" on last 2 reports. 3. Recommendation from the Chief of Police and the approval of the City Manager. 4. Degrees of AA, AS, BA, BS, MA, MS, LLB or JD must be formally awarded degrees in a field closely related to law enforcement. "Closely related to law enforcement" is defined as: A formal course of academic study in a discipline directly related to municipal law enforcement which by virtue of having completed the prescribed courses of study, an individual would reasonably be expected to have acquired skills that would make the individual a better Police Officer. Examples of a closely related field are: Police Administration, Criminal Justice Administration, Law Enforcement Administration, Public Administration and Jurisprudence. The . City Manager will make the final determination as to a program "relatedness" to law enforcement. The institution conferring the degree must be accredited by the California Department of Health, Education and Welfare or any successor agency/department. -19- 5. An Officer may qualify for Level II Educational Incentive without the formally awarded AA or AS degree if there is a unit equiv$leney. 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. e = 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 do 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 do 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 ?I In addition to other compensation paid for the service of employe e-s-longevity pay shall be paid to all officers and employees of the City of National City on the follpwing 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) 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 /00*\ 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- �O� /"MN ARTICLE 16 EMPLOYEE HEALTH INSURANCE Section 1 Health Coverage As,;A benefilt to full-time employees covered by this Memorandum of Onderstanding, thek City will provide a group health insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association insurance wrier 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 $88.42 per month, per employee to provide this benefit. In the event the cost of providing employee health insurance exceeds the established City contributioz4 the employee must pay the excess amount, -22- 1140� eah'N ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE - Z. As a benefit to all full-time employees covered by this Memorandum of Understanding,, Ue City wW provide a group dental insurance plan. . The program w 0 be available for the employee and all dependents. The benefits anid limitations of ithe Dental Insurance Program are to be designed cooperatively by the Association, insurance carrier and the City. The City will provide up to $14.02 per montt4 per employee to provide this benefit. In the event the cost of providing Employee and Dependent Dental Insurance exceeds the estallshed City contribution, the employee must pay the excess amount. -23- /Oft) ARTICLE 18 EMPLOYEE LIFE INSURANCE As a benefit to full-time employees eovwed by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of &* program are to be designed cooperatively by the Associatio'n, insurance a r. and the City. The City will provide up to $5.00 per month, per employee to ovide this benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, the employee must pay the excess amount. -24- (10bN 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 eich and every resoect. 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 apparelo 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, 1OWN 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- ewb-N OMIN 61a elft� ARTICLE 22 LONG TERM DISABILITY INSURANCE t- The- City will provide Long Term Disability Insurance to all employees covered by thil M.O.U. The City will provide up to $20.00 per month, per* employee, to proiride this benerit. In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution,, the employee must pay the excess amount. -28- /,M\ /19%\ /dsl� ARTICLE 25 ASSOCIATION RIGHTS Section I The City recognizes the right of the Association to govern its internalE affairs. Section 2 Upcjn the receipt of a written request and authorization from an'employee for ' de6etion of Association dues and other related lawful deductions, 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 space, 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 taste, 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 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 Employ er-Em ployee relations, -31- eaft-1 ARTICLE 26 EMPLOYEE RIGHTS 6-0 Each individual employee shall have the following rights which he/she,may exercise in accordance with the National City Employer -Employee Relations Ritsolution and all applicable la-*.% ordinance.% and rules and regulations and this MOU: 1 The right to form join, and participate in the activities --Of employee it 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, restraint� coercion, discriminatior4 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 records, and commendations. The employees personnel file will not contain information relating to the the employee's background investigation, Civil Service Examination results pertaining to initial hiring or promotional examinations, legal correspondence, 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 preparation for an employee performance appraisal report. However at such time as the investigation is complete or the performance appraisal has been completed,, such material shall then either be placed in theeemployee'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 employee!s official personnel file without his/her knowledge. I -32- 6-0 las"') ARTICLE 26 EMPLOYEE RIGHTS (Continued) 7. Whenever an employee desires to represent himself/herself in co�*nsulting 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 servioes'eannot 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 employees 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- ?091� ARTICLE 27 WORK WEEK/DAY Section I - r All -employees of the National City Police Department covered by tols agreement wht 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 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 win additional compensation be provided. -34- 10� 00,bN 'AMN A"Elik ARTICLE 28 P.O.S.T. TRAINING - r All sworn Police Department employees should have equal opportunities to attend P.I.T. training consistent with the needs of the Department. -35- ARTICLE 29 EMPLOYER 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 Uf 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 bargaining unit represented by an employee association. This procedure does not supereede 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 foH-owing definitions shall apply: (a) Association: The employee organization recognized by the City to represent employees in the grievant's bargaining unit. (b) 2 Ut: 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 Read of a Department: The chief executive officer of a department W Employee or City Eml?loye 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 - Rej2resentative: 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 AWN the application or interpretation of existing provisions of an M.O.U. -36- 6-0 ego,") (i) Immediate Supervisor: The individual who normally assigns, reviews, or directs the work of an employee. Manazemenut (1) Any employee having significant responsibilities for formulating and admiTAstering City policies and program s,,-'iwncluding but not limited to the chief executive officer and department heads; (2) Any employee having authority to exercise indepe nde nt '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 (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: 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). SECMON 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) Prompt Presentation: The employee shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance. M Submittal of Grievance: The written grievance shall be submitted on a To m 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 oh 1. The specific situation, act or acts complained of as being unfair; '�ION 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) Employee R�2resentative: 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, 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, 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. Consolidation of Grievances: If the grievance involv6s a group of *MIN 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. -38- /Asub) SECTION 4 - SPECIAL PROVISIONS OF THE GRIEVANCE PROCEDURE: (continued) - r ;-W Settlement: A grievance shall be considered settled and thot subject to T@Uer 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. 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. /Aft\ 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 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. Deletion_ of _ - t S : 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 R�prisals: The grievanee procedure is considered an integral part of the employ ee-em ployer relation policy of the City. As such, it is intended to assure a grievant and his/her 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. llm� -39- SECTION 5 - GRIEVANCE PROCEDURE STEPS: The following procedure shall be followed by an employee submitting a grievance: STEP 1: Immediate SgRervisor: The employee shall discuss the grielw""ce with the imme ate supervisor within twenty (20) calendar days of the alleged act or omission of management causing the grievance. Within seven calendar ir days the supervisor shall give a decision to the employee verbally. t STiO U.- Second -Level Supervisor: If the employee and supervisor cannot reach an agreement as to a solulion 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. /dmh� STEP IV: Hear 3-: /101�) (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 Of fic er, (b) Selection of Board Members: Within seven (7) calendar days of receiving the grievance at this Ieve4 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 ti * me 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- /40*-, SECTION 5 (Continued) (e) H aring rocedures: 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. /OMDI\ 8. There shall be no shorthand or mechanical recording of the hearing. /dNlbN 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 Reeort: 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 Perscmmel Officer. 2. The report shall contain only the following: all Recommendation on each specific remedy requested on the grievance form b. Findings of fact about the alleged violation(s) by management. ell The date, time and location of the hearing,, the names of witnesses and a copy of all pertinent documents. -41- eallll\ SE CTION 5 (Continued) 3. The board may recommend that no remedy be gra Dted, that the remedy sought be granted or that an alternate remedy be granted. In order to grant some remedy to the grievan% 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 Of fice of the City Manager. (e) City Manazerls_Re§ponse: 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 written 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, ewb� 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- /ORN enIN ARTICLE 30 CONTINUATION OF WAGES9 HOURS AND! WORKING CONDITIONS Th6 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 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- 00061\ 6A ?'M� ARTICLE 31 AGREEMENT9 MODIFICATION, WAIVER A.;- No agreement, alteration, 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 breacb, 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. -44- �0 AR77CLE 32 OBLIGATION TO SUPPORT The- parties agree that subsequent to the execution of this Memorandum and during thd:7period of time said Memorandum is pending before the City Counill for action, nehher 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- /4�' eo"N ARTICLE 33 PROVISIONS OF LAW This MOU is subject to all future and current applicable federa4 or state and local laws and regulations. If 1�ny 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 jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shaU 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— ?Wft� OOMIN ARTICLE 37 DEFINITIONS r Unless the particular provision or the context otherwise requires the definitions and pruisions contained in this article shall govern the constructiong --meaning and aWeations of words and phrases used in this Memorandum of Understanding. 31 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 classificatior4 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 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- COMPENSATION PLAN - Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class ti tle. 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 separatio;4 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 READ - Shall mean the Chief of Police or his designee EMPLOYEE - Shall mean a perion 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 ending June 30. IMMEDIATE FAMILY - For the purpose of family care shall mean any .A=*N 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 employee3 spouse. 00�) INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAYOFF - 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. -51- PON%" 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 thi person appointed by the City Manager to act as Secretary to the Civil Service -Commissior4 to administer the activities of the Personnel Department$ and r'-to exercise general supervision over the employment policy of the City 4;.Tsubject 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 responsibili ties 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 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-