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HomeMy WebLinkAboutResolution No. 95-42 MOU City and NC PD Mid-Management AssocRESOLUTION. NO. 95-42 (0111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL CITY POLICE MID -MANAGEMENT ASSOCIATION WHEREAS, the City has met and conferred with the representative of the National City Police Mid -Management Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: SECTION 1. The City Manager is hereby authorized to enter into Memorandum of Understanding (MOU) between the City of National City and the National City Police Mid -Management Association for the period September 1 % 1994 through June 30, 1997. SECTION 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Years 1994-1995, 1995-96 and 1996-97. A copy of said Memorandum of Understanding shall be on file in the Office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED THIS 11 th of April, 1995. ATTEST: ZJ Lori Anne Peoples, CitV Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney George H. Waters, Mayor i4� Passed and adopted by the Council of the City of National City, California, on April 11, 1995, by the following vote, to -wit: Ayes: Council Members Beauchamp, Morrison, Zarate, Waters. Nays: Council Members - None Absent: Council Member Inzunza Abstain: Council Members - None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 95-42 of the City of National City, California, passed and adopted by the Council of said City on April 11, 1995. City Cl rk of the City of National ity, California In Deputy 140*� CITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY POLICE MID -MANAGERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FOR SEPTEMBER 13, 1994 - JULY 1, 1997 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE MID -MANAGERS' ASSOCIATION FOR THE e0*1\ FOLLOWING PERIOD OF TIME: SEPTEMBER 13, 1994 THROUGH JULY 19 1997 The representatives of the City of National City, acting for and on behalf of the City Council of the City of National City, have met and conferred with the representatives of the National City Police Mid-managers'Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500 et. seq., of the Government Code of the State of California; and 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 represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on April 1 1 , 1995 For the CITY: 40 OM G. McCABE CITY MANAGER :�7 R06ER C. DEFRATIS PERSONNEL DIRECTOR 3 -so - 9U050, Date For the NCPMA: EDWARD T. DEESE POLICE CAPTAIN TABLE OF CONTENTS A ARTICLE T17L EG Article 1 Implementation 1 Article 2 Recognition 2 Article 3 Vacation And Holiday Leave 3 Article 4 Leave Eligibility And Procedure 5 Article 5 Military Leave 6 Article 6 Maternity Leave/Paternity Leave 7 Article 7 Court Leave g Article 8 Sick Leave With Pay 9 Article 9 Special Leave With Pay 12 Article 10 Mid-Management/Development Activities Leave 13 Article 11 The Compensation Plan 14 Article 12 Educational Reimbursement 15 Article 13 Dental And Health Coverage 16 Article 14 Employee Life Insurance 17 Article 15 Public Employees' Retirement System 18 Article 16 Management Rights 19 Article 17 Long Term Disability 20 Article 18 Uniform Reimbursement 21 Article 19 Salaries 22 Article 20 Police Mid -Management Group Rights 24 Article 21 Employee Rights 25 Article 22 Continuation of Wages, Hours And Working Conditions 27 Article 23 Agreement, Modification, Waiver 28 Article 24 Obligation To Support 29 Article 25 Provisions Of Law 30 Article 26 Term of Provisions 31 Article 27 Employee Assistance Program 32 Article 28 Definitions 33 ?ONII, 6a ARTICLE 1 IMPLEMENTATION This MOU constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this MOU shall not be binding upon the parties either in whole or in part unless. and until: (A) The Police Mid -managers' Group by a majority vote, formally accepts this MOU. (B) The City Council acts, by majority vote, formally to approve and adopt said MOU. (C) The City Council acts to appropriate the necessary funds required to implement the provisions of this MOU which require funding. (D) The City Council acts in a timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement for the period as specified in this MOU. -1- roa ARTICLE 2 RECOGNITION The City hereby recognizes the Police Mid -Managers' Group as the formally recognized majority employees' organization for the following full-time employees of the National City Police Department: (A) SWORN POSITIONS: Police Captain The City Recognizes that employees represented by this employees group are considered exempt employees as defined in the Fair Labor Standards Act; Sections 220-226, Sections 230-245. -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 away from the work environment and to enable such employee to return to work mentally refreshed. All employees shall be entitled to annual vacation leave with pay. Vacation and holiday leave time will be charged in accordance with guidelines set forth by the Fair Labor Standards Act concerning "exempt employees". Section 2 Accrual Rates All accrual rates are based on biweekly pay periods. Employees covered by this Memorandum of Understanding shall earn vacation and holiday leave as follows: 1 - 5 years 3.08 hours per month 6 - 15 years 4.62 hours p2r month 16 years and over 6.15 hours 22r month Section 3 Vacation Schedules Requested 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. Section 4 Vacation Accumulation Vacation leave is credited as earned and the maximum amount of vacation that may be accumulated shall be as follows: 1 - 5 years 200 hours 6 - 15 years 300 hours 16 years and over 400 hours Section 5 Terminal Vacation And Holiday Leave Pay Consistent with the provisions of this MOU, upon termination of employment for any cause, an employee shall be entitled to pay in lieu for the number of accumulated vacation hours 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 pay". 52 ARTICLE 3 - VACATION AND HOLIDAY LEAVE PAGE 4 Section 6 Terminal Vacation Leave In the case of retirement, the employee may elect to place himself/herself on terminal vacation leave. In such a case, the employee will use all accumulated vacation time and retire at the end of said period. Section 7 Vacation Sell Back In December of each year, an employee may convert a minimum of 40 hours and a maximum of 80 hours of his/her remaining annual vacation accrual to pay. Remaining yearly vacation not converted to pay shall be carried over and accumulated. Employees must submit a written request to the City Manager's Office to sell back accrued vacation . Section 8 Holidays The following thirteen (13) holidays shall be floating holidays and there will be no carry-over to the next fiscal year. New Year's Day '� Martin Luther King's Birthday Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Admission Day Columbus Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day Christmas 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 9 Appointed And Religious Holiday With City Council approval, 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 employee's vacation and holiday balance. Employee 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 employee's 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. 6 ARTICLE 4 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of this MOU, employees shall be allowed to holidays and annual vacation and shall be allowed sick, injury, mid -management leave, development activities, emergency and special leaves of absence on the approval of the Department Director. Leave time will be charged in accordance with guidelines set forth by the Fair Labor Standards Act concerning "exempt employees". Section Z 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 . 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 rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "military service" as used herein shall signify service on active duty with any branch of service above mentioned, as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re -appointment of re-employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employees absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re-employment within 90 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 (1) year prior to the date upon which such absence begins, shall receive his regular salary for a period not to exceed 30 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. M 60 ARTICLE 6 MATERNITY LEAVE/PATERNITY LEAVE Section 1 A female employee may receive a maternity leave without pay for purposes of childbirth and for infant care. Consistent with the provisions of this MOU, earned sick leave and thereafter vacation may be utilized in conjunction with such leave. The first 240 hours of such sick leave usage does not require doctor's or other verification of disability. Any such usage beyond 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 sick leave (as defined in Article 9) up to a maximum of 40 hours and thereafter vacation may be utilized in conjunction with such leave on the approval of the Department Director. 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- r""') ARTICLE 7 COURT LEAVE An employee who is requested by court to serve as a juror, shall be granted leave for such purpose upon presentation to the appointing athority and the Personnel Officer. The employee shall receive full pay for the time he serves on court duty, provided the money received as juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms. -8- ARTICLE 8 SICK LEAVE WITH PAY The intent of this article is to provide a continuity of full salary to those employees who are unable, because of illness or injury, to perform the duties of their position or who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment and to provide necessary time off from work for medical and dental care subject to administrative regulations designed to prevent malingering or abuse of these privileges. Sick leave time will be charged in accordance with guidelines set forth by the Fair Labor Standards Act concerning " exempt employees". Section 1 Sick Leave Defined 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 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 3.69 hours per biweekly pay period 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. ,•oll, 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. 0 ARTICLE S - SICK LEAVE WITH PAY PAGE 17 eo**� (B) Absence that is chargeable to sick leave in accordance with this article shall conform with Fair Labor and Standards Act guidelines regarding "exempt employees". Section 4 - Notification (A) In order to receive compensation while on sick leave, the employee shall notify: 1. The immediate supervisor or; 2. The Department Head or; 3. In the event of the unavailability of either, the senior department representative available. (B) Notification shall be made prior to or not later than the beginning of the work day in the employee's respective department. (C) The Department Head may waive the above requirements if, in his/her opinion, an emergency or other exceptional circumstances so warrants. Section 5 Physician's Statement Required (A) When absence is for more than three (3) consecutive working days, the department head shall require the employee to furnish, at the employee's expense, a certificate or statement from a licensed and practicing physician, indicating the nature and duration of the employee's incapacity or, if the employee was not examined by a physician, other adequate evidence. Based upon circumstances of the particular case and review of previous sick leave usage, the Department Head may require evidence of incapacity in cases of shorter periods of absence. (B) The employee shall not be called at 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 canceled upon separation of the employee from the City ewft\ service, except upon retirement as provided under Article 15 of this MQU. If separation is by lay-off his accumulated sick leave shall be restored to him upon re-employment within 24 months. ARTICLE 8 - SICK LEAVE WITH PAY PAGE 11 r'~'' 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 accompanied by doctors statement or other evidence satisfactory to the Department Head or his designee. Section 8 Sick Leave Payment Upon Retirement An employee shall, upon formal retirement after ten (10) years of service to 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. 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. e,'"\ ARTICLE 9 SPECIAL LEAVE WITH PAY Section 1 Intent The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with emergency illness, injury or death in said employees immediate family*. Consistent with 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 40 hours annually. This maximum includes paternity leave usage as defined in Article 6 herein. Up to eight (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. Special leave with pay must be approved by the Department Head or his designee consistent with the provisions of this Article. * Immediate family is defined in Article 29 -12- e"1 ARTICLE 10 MID-MANAGEMENT/DEVELOPMENT ACTIVITIES LEAVE Section 1 Mid -Management Leave Employees covered by this MOU wil receive 32 hours Mid -Management Leave per year scheduled by the employee subject to approval by the Department Head. It must be used within the fiscal year earned. Section 2 Development Activities Leave The City provides up to five (5) days of paid annual leave for professional growth and career development. It is anticipated that this leave will be used for concentrated special studies in the employee's field. -13- n /do 1 ARTICLE 11 THE COMPENSATION PLAN Section 1 Salary Steps The salaries for positions represented by this group will be contained within a salary band. The ranges of the salary band will be determined by agreement between the City of National City and the National City Police Mid -Manager's Group. The appointing athority may place the actual salary at any level within this set range with the limitation that once a salary level is set, that level may not be lowered without due process set forth within California Government Code 3500 et. seq.,(Meyers-Milias-Brown Act) and California Government Code Section 3300 et. seq. (California Police Officers Procedural Bill of Rights). The provisions of this article are based upon the salary schedule adopted by the City Council and set forth in Article 19. -14- ARTICLE 12 EDUCATIONAL REIMBURSEMENT Tuition Reimbursement The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to $800 per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. 3. The reimbursement may be used to cover the costs of tuition, registration and books at a local community or state college or university, or any professional growth seminars, conventions or workshops from a recognized or accredited organization. 4. The course must be passed with a grade of "C" or better. If taken on a pass/fail basis, employee must pass course(s) taken. In the case of seminars, workshops or conventions, ?,MINproof of attenedance must be submitted. /10 , 5. The employee must show written documentation of the expenditures being claimed for reimbursement. -15- ARTICLE 13 DENTAL AND HEALTH COVERAGE eaft Section 1 HeaIth Coverage As abenefit to full-time employees covered by this Memorandum of Understanding, the City will provide group health and dental insurance programs. The benefits and limitations of the program are to be designed cooperatively by the Association, the insurance carrier and the City. The Association and the 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 $376.50 per month, per employee to provide these benefits for the employee and his/her eligible dependents. There is a cash in lieu option for unused dependent coverage. In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. Section 2 Money In Lieu Of Dependent Coverage An employee may elect to receive an amount equivalent to the City's contribution minus the cost of coverage for the employee alone, as cash in lieu of dependents health and dental insurance program. -16- W IA ° ARTICLE 14 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 providing coverage equivalent to the employee's annual gross salary. -17- ARTICLE 15 � PUBLIC EMPLOYEES' RETIREMENT SYSTEM r"`� Section 1 Consistent with the Government Code of the State of California, employees are local safety members of the Public Employees' Retirement System (PERS) and are entitled to the benefits as indicated in the July 16, 1993 amendment to contract between the Board of Administration of PERS and the City Council. Section 2 Effective January 3, 1995, the City shall increase its contribution towards the employee's share of the PERS cost from 6.5 % to 9.0 % (an additional 2.5 %). -18- ARTICLE 16 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agreement expressly provide otherwise, the City has and will continue to retain regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights of the City shall include, but not be limited to the right: to determine the mission of its constituent departments, commission, boards; set standards of service determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce reasonable dress and grooming standards, determine the methods and means to relieve its employees from duty because of lack of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; approve or disapprove secondary employment held by departmental employees; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to the right to contract for or subcontract any work or operations of the �..� City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for just cause; establish reasonable employee performance standards including, but not limited to quality and quantity standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. In exercising these rights the City shall comply with all applicable provisions of this MOU. 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. -19- /4- n ARTICLE 17 LONG TERM DISABILITY The City will provide Long Term Disability Insurance to all employees covered by this MOU. The city pays the total cost of this program to provide income protection in the event of extended absence due to non job related illness or injury. -20- ARTICLE 18 UNIFORM REIMBURSEMENT The City shall reimburse the employee for replacement costs of required uniforms to a maximum of $300 annually. The Police Chief shall establish the number, type and quality of uniform and equipment that is required. -21- ARTICLE 19 SALARIES Section 1 Salary Band The salary band for Police Captain is hereby established at $4360 to $6050 per month. Section 2 Salary Adjustments for Police Captain Effective September 12, 1994, a 3 % salary increase within current salary band. No change in the salary band. Section 3 Salary Schedule The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. Section 4 Police Mid -Management Salary Bands �•, A Police Mid -Manager may be paid any amount within the salary band, and changes may be implemented at any time based upon the department director's evaluation of the employee's performance subject to final approval of the City Manager. Evaluations are performed at least annually in the first quarter of each fiscal year. Section 5 Scheduled Increases At the start of the first pay period in September, 1995, the salary band for Police Mid - Management employees will be increased by 3 % conditioned on the following: (A) That the City's General Fund projected revenue for fiscal year 1995-96 does not fall below $16,800,000 as a result of State, County or Federal action or other cause, and such fact is known by the City prior to September, 1995. This figure represents the amount the City must see in its anticipated revenue prior to September 15, 1995 in order to afford a 3 % raise for employees. Salaries will be increased by 2 % if anticipated revenues only reach $16,700,000. Salaries will be increased by 1 % if anticipated revenues only reach $16,600,000. -22- ARTICLE 19 - SALARIES PAGE 23 (B) Further, that the City's projected sales and use . tax figure for the fiscal year 1995-96 not fall below $8 million, also to be determined on or about September 15, 1995. For purposes of comparison, the following figures are noted: FISCAL YEAR 001 GENERAL FUND ESTIMATED REVENUES .. FOR THAT FY . 001 GENERAL FUND 3010 ESTIMATED SALES & USE TAXES FOR THAT FY* 1989-90 16,208,910 9 600 000 1990-91 172406,790 10 010 000 1991-92 16t331,950 9 300 000 1992-93 162688,850 8 700 000 1993-94 15,5559750 8,000 000 *These figures do not include the sales tax generated by and debt service paid for Plaza Bonita (C) At the start of the first pay period in July, 1996, the salary of all employees will be increased by 5 % . eon's ARTICLE 20 POLICE MID -MANAGEMENT GROUP RIGHTS Section 1 The City recognizes the right of the Police Officers' Mid -Management Group to govern its internal affairs. Section 2 Upon the receipt of a written request and authorization from an employee for deduction of Association dues and other related lawful 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 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 4 Subject to the needs of the department and the approval of the Chief of Police, designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to present grievances and material for Disciplinary Hearing on behalf of the affected employee if said employee requests said assistance and to meet with City management representatives relative to matters of Employer -Employee relations. -24- ARTICLE 21 EMPLOYEE RIGHTS Each individual employee shall have the following rights which he/she may exercise in accordance with the National City Employer -Employee Relations Resolution and all applicable laws, ordinances, and rules and regulations and this MOU: 1. The right to form, join and participate in the activities of employee 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. The right to join other employee representive groups as an associate member for the purpose of receiving benfits and priviledges offered by those groups not to include collective bargaining representation by those groups or associations. 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, discrimination or reprisal on the part of his/her department head for his/her 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 elm, City, unless he/she is represented by a formally recognized employee organization. 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 employee's personnel file will not contain information relating to the employee's background investigation, Civil Service Examination results pertaining to initial hiring or promotional examinations, legal 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 the employee's official personnel file or destroyed. In no event shall such material be maintained in any location other than the official file referred to above nor shall materials be placed in the employee's official personnel file without his/her knowledge. -25- ARTICLE 21 - Er*wLUYEE RIGHTS PAGE 26 7. Whenever an employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request from his/her department head permission to take time off to do so. Said request shall be granted unless the needs of the City or Department are such that the employees services cannot be spared during the particular time requested. In such case the employee shall be permitted to re- schedule his/her appointment with City management. 8. When imposing discipline, the Department Head or his designee shall specify the period of time, from six (6) months to five (5) years that said discipline will remain in the affected employee's personnel file. At the end of said period of time, the disciplinary action shall be removed from the employee's file provided that no ensuing similar discipline has been imposed. Consistent with the above provisions, all materials of this nature more than five (5) years old shall be removed from employees' personnel files. ARTICLE 22 CONTINUATION OF WAGES, HOURS, AND WORKING CONDITIONS The provisions of this Memorandum of Understanding shall not be revised to adversely affect the employees covered by this Memorandum of Understanding during the term of this Memorandum of Understanding. -27- r"`� ARTICLE 23 AGREEMENT, 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 breach, term or condition of this memorandum by either party shall not constitute a precedent in the future enforcements of all of its terms and provisions. _28_ ARTICLE 24 OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum and during the period of time said Memorandum is pending before the City Council for action, neither the employee organization nor management, nor their authorized representatives, will appear before the City Council or meet individually or privately with said members of the City Council, to advocate any amendment, deletion or addition to the terms and conditions of this Memorandum. It is further understood that this article shall not preclude the parties from appearing before the City Council to advocate or urge the adoption and approval of this Memorandum in its entirety. -29- ram, ARTICLE 25 PROVISIONS OF LAW This MOU is subject to all future and current applicable federal, or state and local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected, and the Employees' Association and/or the City shall have the right to meet and confer within 30 days concerning said section. This MOU shall supersede all City rules or ordinances which are in conflict with this MOU. Kii ARTICLE 26 TERM OF PROVISIONS The term of these provisions shall be from September 13, 1994 through July 1, 1997. -31- W ARTICLE 27 EMPLOYEE ASSISTANCE PROGRAM The City shall provide an Employee Assistance Program available to all employees in the bargaining unit. The program will be the same program that is offered to the members of the National City. Police Officers' Association. -32- 1.0� ARTICLE 28 DEFINITIONS Unless the particular provision or the context otherwise requires the definitions andprovisions contained in this article shall govern the construction, meaning and applications of words and phrases used in this Memorandum of Understanding. ADVANCEMENT - Shall mean a salary increase within range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE - Shall mean the date that the employee completes twelve (12) calendar months of service. Under normal circumstances, when an employee receives a promotion to a new classification, the promotion date will become the new anniversary date for the employee. APPOINTING AUTHORITY - Shall mean the City Council, the City Manager and any other person or body to whom the power to appoint personnel to positions in the Classified Services may be delegated. ASSOCIATION - Shall mean the National City Police Mid -Managers' Association. CALENDAR YEAR - Shall mean a twelve (12) 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 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. 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. -33- ARTICLE 28 - DEFINITIONS PACE 34 CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation and applies to the time a person has been employed on a permanent basis or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - Shall mean the appointment of an employee holding position in one class to a position in another class having lower maximum salary rate; movement to a lower step within the same class; or for employees covered by the State Government Code Section 3300-311 (Police Officers' Bill of Rights), loss of special assignment pay. DEPARTMENT - Shall mean the Police Department. DEPARTMENT HEAD - Shall mean the Chief of Police or his designee. EMPLOYEE - Shall mean a person who is legally an incumbent of position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. FISCAL YEAR - Shall mean a twelve (12) month period beginning July 1 and ending June 30 IMMEDIATE FAMILY - For the purpose of family care shall mean any person living in the same household as the employee who is related by blood, marriage or adoption. For purposes of memorial observance shall mean parents or siblings of the employee, children of employee not living in the same household and the parents and children of the employee's spouse. INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, non -disciplinary 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. PERMANENT STATUS - Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. ARTICLE 28 - DEFINITIONS PAGE 35 PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the. direction of the Commission. POSITION - Shall mean any specific office or classification, whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time basis or part-time basis. PROBATIONARY PERIOD - Shall mean the working test period during which an employee is required to demonstrate his/her fitness by the actual performance of the duties and responsibilities of his position and during which time he/she 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 BAND - Shall mean a range of salary compensation within which a Mid -Manager may be paid. Salary changes within the salary band may be implemented at any time based upon the City Manager's evaluation of the employees performance. Salary reductions must be made in compliance with Government Code Sections 3500, et. seq., (Police Officers' Procedural Bill of Rights) and 3300 et. seq. (Meyers-Milias-Brown Act) SALARY RATE - Shall mean a specific dollar amount, expressed as either an annual rate, a monthly rate, a semi-monthly rate, a biweekly 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. '0011 � TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non- permanent nature on a provisional basis.