Loading...
HomeMy WebLinkAboutPOA MOU July 16 1981 through June 30 1982COPY K MEMORANDUM OF UNDERSTAND IN G National City Police Officers' Association City of National City July 16, 1981 - June 30, 1982 Adopted by Resolution . T A B L E O F C O N T E N T S PAGE SIGNATURE PAGE . . . . . . . . . . . ... . . . . . . . . . . . . 1 ARTICLE 1 IMPLEMENTATION . . . . . . . . . . . . . . . . . . . 2 ARTICLE 2 VACATION AND HOLIDAY LEAVE . . . . . . . . . . . . . 3 - 4 ARTICLE 3 LEAVE ELIGIBILITY AND PROCEDURE . . . . . . . . . . 5 ARTICLE 4 MILITARY LEAVE . . . . . . . . . . . . . . . . . . . 6 ARTICLE 5 MATERNITY LEAVE . . . . . . . . . . . . . . . . . . 7 ARTICLE 6 COURT LEAVE . . . . . . . . . . . . . . . . . . . . 8 ARTICLE 7 VSICK LEAVE WITH PAY . . . . . . . . . . . . . . . . 9 - 12 ARTICLE 8 SPECIAL LEAVE WITH PAY . . . . . . . . . . . . . . 13 ARTICLE 9 THE COMPENSATION PLAN . . . . . . . . . . . . . . . 14 - 15 ARTICLE 10 "Y" SALARY RATE . . . . . . . . . . . . . . . . . 16 ARTICLE 11 PAY DIFFERENTIAL . . . . . . . . . . . . . . . . 17 ARTICLE 12 REVISION OF THE COMPENSATION PLAN . . . . . . . . . 18 ARTICLE 13 OVERTIME . . . . . . . . . . . . . . . . . . . . . 19 ARTICLE 14,/EDUCATIONAL INCENTIVE PAY . . . . . . . . . . . . . 20 - 21 ARTICLE 15VLONGEVITY PAY . . . . . . . . . . . . . . . . . . . 22 ARTICLE 16 EMPLOYEE HEALTH INSURANCE . . . . . . . . . . . . . 23 ARTICLE 17 EMPLOYEE DEPENDENT DENTAL INSURANCE . . . . . . . . 24 ARTICLE 18 EMPLOYEE LIFE INSURANCE . . . . . . . . . . . . . . 25 ARTICLE 19 DEPENDENTS MEDICAL INSURANCE . . . . . . . . . . 26 ARTICLE 20 PUBLIC EMPLOYEES' RETIREMENT SYSTEM . . . . . . . . 27 ARTICLE 21 MANAGEMENT RIGHTS . . . . . . . . . :-. . . . 28 ARTICLE 22 LONG-TERM DISABILITY INSURANCE . . . . . . . . . . 29 ARTICLE 23 UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . . 30 ARTICLE 24 SALARIES . . . . . . . . . . . . . . . . . . . . . 31 ARTICLE 25 AGREEMENT, MODIFICATIONS, WAIVER. . . . . . . . . . 32 ARTICLE 26 OBLIGATION TO SUPPORT . . . . . . . . . . . . . . . 33 ARTICLE 27 PROVISIONS OF LAW . . . . . . . . . . . . . . . . . 34 ARTICLE 28 DEFINITIONS . . . . . . . . . . . . . . . . . . . . 35 - 38 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND•CONDITIONS OF • EMPLOY14ENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFI- CERS' ASSOCIATION FOR THE -PERIOD: July 16, 1981 - June 30, 1982 WHEREAS, the representatives of the City Manager of the City of National City, acting for_ and an behalf of the City Council of .the City of National City, have heretofore met and conferred•with the National City Police Officers' Association, an organization representing em- ployees of the City of National City, in accordance with the provisions of Section 3500 et. seq. of the Government Code of the State of Cali- fornia, and; WHEREAS, as a result of meeting and conferring in good faith with:said Group, agreement has been reached on the following terms -and conditions of employment as applied to those employees who are members of and represented by the National City Police Officers' Association; and said representatives of the -City Manager and of the National City Police Officers' Association do now jointly prepare a written Memorandum of Understanding concerning said agreed terms and conditions of employment for presentation to the City Council of the City of National City .for determination. The parties acknowledge the current litigation to determine the rights and obligations of the parties relative to Article 20 Retirement of the Memorandum of Understanding for fiscal year 1977 - 79. The parties agree that the rights and obligations of the parties under Article 20 shall not be affected in any manner by entering this Memorandum of Understanding,. effective July 16, 1981. TOM G. MC CABE City Manager WNALD L. BALLARD Assistant City Manager 1 EUGENE CIOLLI, President National City Police -officers, Association j MICHAEL COLEMAN, ember Board of Direct 6rs National City Police Officers' Association i ARCrLE I IMPLEMENTAT ION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The City Council acts, by majority vote, formally to approve and adopt said Memorandum. B. The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. C. The City Counsel acts in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and pro- cedures to implement and conform to this agreement for the period as specified in this Memorandum of Understanding. 2 r r ARTCLE 2 VACATION AND HOLIDAY LEAVE n rM11N -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 each eligible employee annually to return to work mentally refreshed. All employees shall be entitled to annual vacation leave with pay following the completion of one full year's probationary service with the City. Section 2 Accrual Rates Employees covered by this Memorandum of Understanding shall earn vacation and holiday leave as follows: 1 through 5 years service = 22 days per year or 14.66 hours per mo. 6 through 15 years service = 27 days per year or 18.00 hours per mo.:. over 15 years service = 32 days per year or 21.33 hours per mo. It is recognized that this accrual includes eight (8) hours credit for each of the following holidays: New Year's Day Admission Day Lincoln's Birthday Columbus Day Washington's'.Birihday Veteran's Day Memorial Day Thanksgiving Day Independence Day Christmas Day Employees' Birthday Labor Day (in lieu of Election Day) It is further recognized that this provision shall not limit any addi- tional 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 nad 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 recog- nized 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 shh11 be without pay. Section 4 Maximum Vacation and Holiday Leave Accumulation Leave schedules shall be arranged by the department head with particu- lar regard to the needs of the City and, as far as possible, with the wishes of the employee. 1. Vacation and Holiday leave shall not be deemed authorized until the employee's eligibility is verified by the Per- sonnel Officer. 3 2. If the requirements of the employee's services are such that the employee cannot take part or all of his Vacation and Holi- day leave in a particular calendar year, such leave shall be taken during the following calendar year. 3. An eligible employee may take earned Vacation and Holiday leave in any increment of four (4) hours or more with the consent of the department head and the approval of the City Manager. Section 5 Vacation and Holiday Leave Accumulation An eligible employee may accumulate Vacation and Holiday leave to a maximum of two years' earnings. Vacation and Holiday leave is credited as earned and the amount of leave accumulated shall not exceed 2 years' earnings on the employee's anniversary date. Section 6 Terminal Vacation and Holiday Leave Pay Upon termination of employment for any cause, an eligible employee who has completed at least one year of active service shall be entitled to pay in lieu for the number of accumulated Vacation and Holiday leave credited to the employee's account under the provisions of this section. All leave available upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation and holiday leave pay,,. Section 7 Terminal Vacation and Holiday Leave In the case of -retirement, the employee may elect to place himself 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 ,. ART`rCLE 3 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories r Eligible 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 appointing authority. 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 appointing authority, and the request for such leave, signed by the employee and the appointing authority, 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 eaml� 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 sub- mitted 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, an appointing authority may cancel such separation if circumstances warrant such cancella- tion (as determined by the appointing authority). 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 appointing authority and the Personnel Department. No post-dated leave of any kind may be granted to any employee in the classified service. 5 ARTICLE 4 MILITARY LEAVE In addition to the leaves of absence provided in this article, City Officers or employees who are also members of the armed services or Militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privi- leges 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 super- vision 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 officer or employee while in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause. (3) No employee serving under a permanent appointment in the Classified Service shall be subjected by any -person directly or indirectly by reason of his absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement, or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re -appointment or re-employment. (4) When military leave is granted to an employee in the Classi- fied Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, pro- vided 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 Classi- fied 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. • ARTICLE 5 MATERNITY LEAVE f'z1 Employees may utilize earned sick leave in conjunction with maternity leave. IL 7 ARTICLE 6 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 timehe 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 • ;AtTICLE 7, SICK LEAVE WITH PAY t ah` The intent of this article is to provide a continuity of full sales to those employees who are unable because ry ause of illness or injury, to Perform the duties of their positions 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 unexpected medical and dental care, subject to administra- tive regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition 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 serious disability of the employee while on a scheduled vacation. (3) The absence of an employee for authorized medical or dental care. Section 2 Sick Leave Accumulation {1) Each 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. (2) Unused sick leave shall be accumulative in an unlimited amount. Section 3 Minimum 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 or caused by any wilful misconduct. (2) Sickness or disability sustained while on leave of absence other than his or her regular vacation. (3) No paid sick leave shall be granted in excess of the em- ployee's sick leave credit. (4) An employee may be granted sick leave with pay only for injury, illness, or exposure to contagious disease which incapacitates the employee for work. B. Absence that is chargeable to sick leave in accordance with this article shall be charged in an amount not smaller than one hour. W Sec pion 4 Sick Leave Compensation •A. In order to receive compensation while on sick leave, the employee eamw� shall notify: (1) The immediate supervisor or; (2) The appointing authority or; (3) In the event of the unavailability of either, the senior representative available. B. Notification shall be made prior to or not later than the begin- ning of the work day in the employee's respective department. C. The appointing authority may waive the above requirement if, in his opinion, an emergency or other exceptional circumstances so warrants. Computation of sick leave shall not include regular days off or holidays provided these are not in conflict with the established schedule within each department. 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 a certifi- cate or statement from a regular licensed and practicing physician, at the employees own expense, whose license -will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity, or other adequate evidence if the em- ployee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence. B. The department head is responsible for sick leave during the first .three days before the filing of a physician's certificate is re- quired. This responsibility may be implemented by a visitation or any other reasonable method deemed necessary by the department head. Sick leave with pay shall be authorized by the appointing authority subject to verification of the employee's eligibility by the Personnel Officer. Section 6 Separation from City Service All eligibility from sick leave with pay shall be cancelled upon separation of the employee from the City service, provided that if such separation is by lay-off his accumulated eligibility may be re- stored to him in whole or in part by the Civil Service Commission upon re-employment. Section 7 Illness During Vacation Leave An employee who becomes incapacitated for work due to his -illness or injury for more than three consecutive calendar days while on paid vacation may substitute sick leave credits for vacation provided the employee's request for sick leave substitution is accompanied by a doctor's statement or other evidence satisfactory. - Section 8 Holidays During Sick Leave . Paid holidays immediately preceding, immediately following, or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 9 Sick Leave Payment Upon Retirement An employee hired on or before June 30, 1979 shall, upon formal retire- ment 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 10 Sick Leave Reporting for Payroll Purposes Reports of absences of employees must be made to the City Manager at the same time the department head files his payroll report. The department head who fails to report -the absence of an employee from duty and thus enables the employee to receive pay in excess of the amount to which he is legally entitled shall be held liable for the amount illegally paid. Section 11 Evidence of Cause of Absence In all cases of absence because of sickness or injury of the employee, or illness or death in the employee's family, the employee may be required to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 12 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 re- maining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. 2. Pay shall be computed based on the following schedule and 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 (18 hours) 8 days ( 6 4 hours) 2 days (16 hours) 7 days (56 hours or less) 0 days (Ex m2le: Employee has 11 days, 5 hours remaining yearly sick leave; therefore, 93 hours x .25 = 23.25 hours = 23 hours of pay) . 11 A , r 3. Ilaid sick leave hours shall be subtracted from the employee's yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated per subsection 2 hereof. (Example: Employee uses 4 days sick leave. He then receives pay for 25% of remaining days, or 2 days. The 2 days are subtracted from his re- maining yearly sick leave and the other 6 days are added to the employee's total accumulated sick leave balance). 4. Payment will be made during the month of July each year. Pay will be computed based.on the employee's salary step on June 30 of the preceding fiscal year. 5. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is -on the payroll June 30. Per- manent employees who retire during the fiscal year will be com- pensated on a prorated basis subject -to their formal retirement date. Payment will not be made to an employee who terminates during the fiscal year. 12 ARTICLE 8 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 serious emergency illness, injury, or death in slid employee's immediate family. (1) An employee who is eligible for sick leave with pay may be granted special emergency leave with pay by the appointing authority, to be charged against the employee's sick leave eligibility. (2) The special leave is granted to enable the employee to care for immediate family members who are ill and require attendance or to enable the employee to discharge the customary obligations arising from a death in the imme- diate family. 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 of a member of the immediate family requiring the attendance of the employee upon said family member until professional or other attendance can be obtained, or the absence from duty of an employee because of the death of a member of the employee's immediate family. Immediate family is defined as those relatives living in the employees' household, parents of the employee, children of employee not living in household, brother or sister of employee, and parents of employee's spouse in the event of death. Section 3 Limitation Special leave with pay granted pursuant to this Article shall be limited to a maximum forty (40) hours annually and forty (40) hours per occurrence. Special leave may be granted only upon the approval of the Police Chief or his authorized designee. 13 T t � t ARTICLE 9 Section 1 THE COMPENSATION PLAN Salary Advancement The Compensation'Plan of the City of National City has the following characteristics: (1) Each salary range consists of seven steps. (2) The increase from one step to the next step on each salary range is as indicated in the salary schedule. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's.supervisor and department head, and all other pertinent evidence. 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. 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 10% less than "A" step. (2) The second salary step: Six (6) months of satisfactory ser- vice normally shall make an employee eligible for considera- tion for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. The second step of the salary range will be 5% less than "A" step. (3) The third salary step - "A" step: Six (6) months of satisfac- tory service at the second salary step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. (4) The fourth salary step - "B" step: Twelve (12) months of satis- factory service at the third salary step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. e4oh� Employees hired prior to July 1, 198.1 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 14 ( 5 ) The fifth salary step - "C" step: Twelve (12 ) months of satisfactory service at the fourth step normally shall make an employee eligible for consideration of the salary advance- ment. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. (6) The sixth salary step - "D" step: Twelve (12) months of satisfactory service at the fifth step normally shall make an employee eligible for consideration of this salary advance- ment. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. 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 - "E" step: Twelve (12) months of satisfactory service at the sixth step normally shall make an employee eligible for consideration of this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. All rates shown, and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the 14'!=1 number of hours now regularly worked in each class. Each promotion shall carry with it a salary increase and the procedure covering the normal minimum hiring rate shall not necessarily apply. The provisions of this Article are based upon the salary schedules adopted by the City Council. 15 'ARTICLE 10 "Y" RATE /10°1 eo"N Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of step "E" of the range for the class. An employee shall be paid at Step "Y" solely under one of the following two conditions: (a) Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who immed- iately prior to such time was paid at a higher rate for such class than the new maximum rate shall in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. (b) Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a lower maximum rate of pay may at the discretion'of the City Manager continue to receive the same rate of pay or may have said salary reduced. . In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step Y shall receive no increase unless the increased salary for employees at Step E for the class exceeds the salary already being paid to said em- ployee in which case the employee shall be paid at Step E. 16 ARTICLE 11 PAY DIFFERENTIAL ,..� Section 1 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 J� receive a five percent ( 5 % ) pay differential for the duration of said l assignment. Section 2 Those employees classified as Police Officer and assigned duty as the "Police Liaison Officer" shall receive a ten percent (10%) pay differ- ential for the duration of said assignment. Section 3 Those employees classified as Police Officer or Police Sergeant and assigned Police Dog/Animal Handler duty on a permanent basis shall receive a six (6) percent pay differential for the duration of said assignment. Section 4 Those employees classified as Police Officer and assigned motorcycle Mo duty on a permanent basis shall receive a five (5) percent pay differ- ential for the duration of said assignment. 17 ' ARTICLE REVISION OF THE COMPENSATION PLAN �►, In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees class of position: ewkq (a) -If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. (b) If the maximum salary is lowered, the employee shall be paid at the rate in the new range which is the same as the rate at which he was paid in the former range. If the maximum rate of the new range is lower than the em- ployee's salary in the former range, the employee mayt pursuant to Article 11, be paid at the "Y" rate. 18 ARTI': LE 13 OVERTIME (1) The smallest unit of time credited as overtime as an extension of shift shall be thirty (30) minutes. An extension of shift that is less than 30*minutes shall be disregarded and not accumulated. ( 2 ) Overtime credit must be for work specifically ordered or approved by the appointing authority or a designated rep- resentative: (3) A reasonable extension of shift or call-back to complete unsatisfactory work will not be considered overtime and is, therefore, not eligible for compensation. Supervisors are granted the authority to determine the need to extend shifts or order call-backs for purposes of completing such unsatis- factory work. (4) All overtime compensation shall be at time and one-half, whether it is paid or compensatory time off. (5) A two-hour minimum will be granted for court appearances, wherein the employee reports. to the court or district attorney's office in person, and for call -out overtime. If such overtime is within one hour of the employee's regular work period,, a one -hour minimum will be paid. 19 ARTIdLE 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 not be required to obtain the POST certificates. I Level I $25.00 per month Compensation AS or AA in field and 3 years experience 52 1/2* and Int.POST with 4 years experience 37 1/2* and Into POST with 6 years experience 22 1/2*and Int. POST with 8 years experience Level II BS or BA .AS or AA in AS or AA in AS or AA in $50.00 per month in field or field plus field plus field plus Compensation LLB with 3 52 1/2* and 37 1/2* and 22 1/2* and years ex- Int. POST Int. POST Int. POST perience with 4 years with 6 years with 8 yearE experience. experience. experience. Level III MS or MA in $75.00 per month field or JD Compensation and Adv. POST with 5 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 re- lated 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 course 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 Science, 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. 20 'An Officer may qualify for Level II Educational Incentive without the formally awarded AA or AS degree if there is a unit equivalency. Unit equivalency of an AA or AS degree is defined as meeting the requirements for graduation under the current catalog for South- western College. It is the responsibility of the Officer to provide documentation that requirements for graduation have been met. *These numbers indicate Training & Educational 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 one (1) T & E point. T & E Points earned at City expense or on City time shall not be eligible .points for this program. 21 f ` ARTICLE 15 LONGEVITY - PAY In addition to other compensation paid for the service of employees, longivity pay shall be. paid to all officers and employees of the City of National City on the following basis: (a) After five years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten years of continuous and uninterrupted service the sum of $15.00 per month; (c) After fifteen years of continuous and uninterrupted service the sum of $20.00 per month; (d) After twenty years of continuous and uninterrupted service the sum of $25.00 per month; (e) 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. In the event an officer or 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 or Officer shall not be entitled to any longevity pay by reason of any Prior employment. 22 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 pro- gram. The benefits and limitations of the program are to be designed cooperatively by the Employee Association and insurance carrier. The Employee Association agrees to select and implement health insurance programs which meet the requirements of the Health Maintenance Act of 1973. The City will provide up to $50.00 per month, per employee, to provide this benefit. In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. Section 2 Health Plan Costs The City offers members of Police Officers' Association a choice of two health plans. Effective July 1, 1981, their costs are as follows: Employee Employee Employee + 1 dep. 2 + dep. rj9l 78 155,-76 Kaiser $48.57 $97.14 $137.91 Travelers $39.00 $79.87 I $109.47 per month per month 23 Goo 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. This program will be available for the employee and all dependents. The benefits and limitations of the Dental Insurance Program are to be designed cooperatively by the Employees Association, Insurance Carrier and the City. The City will provide up to $14.02 per_ month, per employee, to provide this benefit. In the event the cost of providing Employee and Dependent Dental Insurance exceeds the estab- lished City contribution, the employee must pay the excess amount. In the event the City does not provide "Employee and Dependent Dental Insurance" for all employees, employees represented by he Police Officers' Association will receive an amount up to $8.8i per month, per employee, contributed by the City towards "Dependents Dental Insurance"; if an employee elects, he or she may receive the cash equivalent to the Cities' contribution for dependent's dental insur- ance. 24 AWN 'AR.TICLE 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 co- operatively by the Employees' Association, Insurance Carrier and the City. The City will provide up to $3.90 per month, per employee to provide this benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, the employee must pay the excess amount. 25 ARTICLE 19 DEPENDENTS MEDICAL INSURANCE AWN As a benefit to all full-time employees covered by this Memorandum of Understanding, the City will provide a dependent group insurance plan. This benefits and limitations of the Dependents Medical Insurance pro- gram will be designed cooperatively by the Employees' Association, In- surance Carrier and the City. The City will provide up to S25.00 per month, per employee to provide this benefit. In the event the cost of providing Dependents Medical Insurance exceeds the established City contribution, the employee must pay the excess amount. An employee may select to receive an amount equivalent to the Cities contribution in cash in lieu of Dependent Insurance. A'1 26 ?''1 ARTICLE 20 PUBLIC EMPLOYEES" RETIREMENT SYSTEM Section 1 The employees of National City are members of the Public Employees' Retirement System with the following options as defined in the Cali- fornia State Codes: CALIFORNIA TITLE GOVERNMENT CODE One Half Continuance . . . . . . . . . . . . . 21263, 21263.1 Lump Sum . . . . . . . . . . . . . . . . 21367.51 1957 Survivor Benefit . . . . . . . . . . . . 21365.5 1959 Survivor Benefit . . . . . . . . . . . . 21380 - 88 Prior Service Benefit . . . . . . . . . . . . 20805, 20930 Current Service Benefit . . . . . . . 20804, 20930 Ordinary Disability Formula . . 1.8% 21297 Minimum Guarantee . . . . . . . . . . . . . . 21258.1 Basic Formula h at 55 . . . . . . . . . . . 21252.1 Age 50 Early Retirement for Safety Members 20952.5 Section 2 As provided in Article 24 herein, the City contributes the first five (5) percent of the employee's cost of the Public Employees' Retire- ment System retirement plan. 27 ARTICLE 21 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the Public Employer 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 Public Employer 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 depart- mental employees; determine methods of financing; determine style and/or types of City -issued wearing apparel, equip- ment or technology to be used; determine and/or change the facilities, methods technology, means, organizational struc- ture and size and composition of the work force and allocate and assign work by which the City operations are to be con- ducted; determine and change the number of locations, reloca- tions 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 reason- able 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 per- formance 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. The exercise of said rights shall not preclude employees or their rep- resentatives from meeting and conferring or meeting and consulting 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. 110� /Ow, ,-, f ARTICLE 22 LONG TERM DISABILITY INSURANCE The City will provide Long Term Disability Insurance to all employees covered by this Memorandum of Understanding. The City will provide up to $14.50 per month, per employee, to provide this benefit. In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution, the employee must pay the excess amount. 29 ARTICLE 23 UNIFORM ALLOWANCE The City will provide $250.00 annually for each employee covered by this Memorandum of Understanding to be applied towards the purchase and maintenance of prescribed uniforms and equipment. Payment to be made in a lump sum in August, 1981. H 30 ARTICLE 24 Section 1 Salary Adjustments This Memorandum of Understanding provides for a salary adjustment as follows: Period July 16, 1981 through June 34, 1982 Section 2 Salaries Classification Title Animal Control Officer Police Dispatcher/Matron Police Officer Police Sergeant Police Lieutenant r"b� Section 3 f ft� Salary Adjustment A salary increase of eight ( 8 ) percent for each classification represented by the Association. Range P 94 P 89 P 121 P 136 P 148 The City shall pay the first five ( 5 ) percent of the employee's cost of the retirement plan under the Public Employees' Retirement System. 31 . f • i ARTICLE 25 Agreement, Modification, Waiver A. This memorandum sets forth the full and entire agreement of the parties regarding the matters set forth herein, and any prior or existing understanding or agreements over these matters between parties, whether formal or informal, are hereby superseded or terminated in their entirety, except as provided by the preamble, relative to Article 20 of the 1977 - 79 Memorandum of Understanding between the City and Police officers' Association. r"MIN B. 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. C. The waiver of any breach, term or condition of this memorandum by either party shall not constitute a precedent in the future enf orcements of all of its terms and provisions. 32 • T rAR7ICLE 26 OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum and during the period of time said Memorandum is pending before the City Council for action, neither the employeeorganization nor manage- ment, 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. 33 r"� s ARTICLE 27 PROVISIONS OF LAW This Memorandum is subject to all future and current applicable fed- eral, state and local laws and regulations. All ordinances, rules and regulations enacted by the City Council, shall supersede the Memorandum. If any part of provision of this Memorandum is in conflict with such applicable provisions of federal, state or local 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 Memorandum shall not be affected. 34 #'4\ ARTICLE 28 DEFINITIONS - Unless the particular provision or the context otherwise requires the definitions and provisions contained in this article shall govern the construction, meaning and application of words and phrases used in this Memorandum of Understanding. ACTIVE SERVICE - Shall mean actual time worked, holidays with - pay, leaves of absence with pay, leaves of absence without pay not to exceed 14 calendar days annually, and leaves of absence without pay not to exceed one year for which Workman's Compen- sation is paid. It shall also include Saturdays and Sundays, or other regular days off which are immediately preceded or immediately followed by other time worked. ADVANCF14ENT - Shall mean a salary increase within a 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 com- pletes twelve calendar months of service. Under normal cir- cumstances, when;an,employee receives a promotion to a new classification, the promotion date will become the new anniver- sary date for the employee. APPOINTING AUTHORITY - Shall mean the City Council, the City (4mw� Manager, and any other person or body to whom the power to appoint personnel to positions in the Classified Service may be delegated. CALENDAR YEAR - Shall mean a twelve-month period beginning January 1 and ending December 31. CLASS - Shall mean a position or a 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 Service 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. 35 e4ok\ eo"\ COMPENSATION PLAN - Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE - Shall mean time off from work in lieu of monetary payment"for overtime worked. CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same class. DEPARTMENT - Shall mean an administrative branch including a group of employees under the immediate charge of a chief execu- tive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE - Shall mean a person who is legally an incumbent of a 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. Employee shall include OFFICER. IMMEDIATE FAMILY - Except as specifically provided in Article 8 herein, immediate family shall include the husband, wife, mother and sister\of the employee, or any relative by blood or marriage residing in the same household.. 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 classifica- tion, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. 36