HomeMy WebLinkAboutPOA January 1, 2022 – December, 2024TABLE OF CONTENTS
ARTICLE 1 —
RECOGNITION ..........................................................................................................................................
4
ARTICLE 2 —
VACATION AND HOLIDAY LEAVE/FURLOUGH LEAVE ..................................................................
5
ARTICLE 3 —
LEAVE ELIGIBILITY AND PROCEDURE ..............................................................................................
8
ARTICLE 4 —
MILITARY LEAVE ....................................................................................................................................
9
ARTICLE 5 —
COURT LEAVE ........................................................................................................................................
10
ARTICLE 6 —
SICK LEAVE WITH PAY ........................................................................................................................
11
ARTICLE 7 —
SPECIAL LEAVE WITH PAY .................................................................................................................
15
ARTICLE 8 —
THE COMPENSATION PLAN ................................................................................................................
16
ARTICLE 9 —
PAY DIFFERENTIAL ..............................................................................................................................
18
ARTICLE 10
—OVERTIME .............................................................................................................................................
20
ARTICLE 11
— COMPENSATORY TIME ......................................................................................................................
23
ARTICLE 12
— EDUCATION/POST CERTIFICATE INCENTIVE PAY ......................................................................
25
ARTICLE 13
— LONGEVITY PAY .................................................................................................................................
27
ARTICLE 14
— CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS ......................................
28
ARTICLE 15
— EMPLOYEE LIFE INSURANCE ...........................................................................................................
30
ARTICLE 16
— PUBLIC EMPLOYEES' RETIREMENT SYSTEM ...............................................................................
31
ARTICLE 17
— MANAGEMENT RIGHTS .....................................................................................................................
33
ARTICLE 18
— LONG TERM DISABILITY INSURANCE ...........................................................................................
34
ARTICLE 19
— UNIFORM ALLOWANCE .....................................................................................................................
35
ARTICLE20
— SALARIES ...............................................................................................................................................
36
ARTICLE 21
— ASSOCIATION RIGHTS ........................................................................................................................
38
ARTICLE 22
— EMPLOYEE RIGHTS .............................................................................................................................
39
ARTICLE 23
— WORK WEEK/DAY ...............................................................................................................................
40
ARTICLE 24
— TRAINING ..............................................................................................................................................
41
ARTICLE 25
— EMPLOYEE GRIEVANCE PROCEDURE ............................................................................................
42
ARTICLE 26
— CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS ........................................
48
ARTICLE 27
— AGREEMENT, MODIFICATION, WAIVER ........................................................................................
49
ARTICLE 28
— OBLIGATION TO SUPPORT ................................................................................................................
50
ARTICLE 29
— PROVISIONS OF LAW ..........................................................................................................................
51
ARTICLE 30
— TERM OF PROVISIONS ........................................................................................................................
52
ARTICLE 31
— EMPLOYEE ASSISTANCE PROGRAM ...............................................................................................
53
ARTICLE 32
— USE OF CITY VEHICLES .....................................................................................................................
54
ARTICLE 33
— DEFINITIONS .........................................................................................................................................
55
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE I - RECOGNITION
The City continues to recognize the Association as the formally recognized majority employees'
organization for the following full-time employees of the National City Police Department:
(A) Sworn Positions:
Police Lieutenant
Police Sergeant
Police Corporal
Police Officer
(B) Non -Sworn Positions:
Police Recruit
11
NCPOA Agreement January 1, 2022 — December 31, 2024
Section 2 Accrual Rates (continued)
It is further recognized that this provision shall not limit any additional future benefits applicable to the
above mentioned holidays and that any such future benefits or compensation shall be granted.
Section 3 Maximum Vacation Accumulation
An employee may accumulate vacation and holiday leave to a maximum of three (3) times the annual
accrual, and accrual shall stop whenever the employee reaches the maximum.
Section 4 Vacation Schedules
1. Vacation schedules shall be arranged by the Department Head, taking into account the needs of the
Department, the needs and wishes of the employees and the employees' seniority.
2. An employee may take earned vacation in any increment of one (1) hour or more with the consent of the
Department Head.
Section 5 Terminal Vacation and Holiday Leave Pay
Upon termination of employment for any cause, an employee shall be entitled to pay in lieu for the number
of accumulated vacation and holiday leave credited to the 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 pay".
Section 6 Terminal Vacation and Holiday Leave
In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday
leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end
of said period.
Section 7 Holidays Occurring on Normal Work Day
In the event an employee is required to work, as determined by the Chief of Police or designee, on a fixed
holiday listed in Section 2 above, hourly compensation shall be based on the overtime rate.
Section 8 Vacation Sell Back
During the term of this agreement, all employees (except Police Recruits) meeting the eligibility criteria
defined below, may convert a minimum of 20 hours and a maximum of 80 hours of their accumulated
vacation and holiday leave time to pay. The City shall attempt to process these requests prior to the
Thanksgiving holiday.
In order to convert accrued vacation hours:
a. Employees must use a minimum of 40 vacation hours during the eligibility period.
b. Employees must submit a written request to the Human Resources Department to convert vacation
hours to pay on or before November I of each year.
c. The eligibility period is defined as the first pay period in November to the last pay period in
October.
6
NCPOA Agreement January 1, 2022 — December 31, 2024
Section 9 Furlough Bank
Current furlough bank hours shall remain in each employee's account until used by the employee as time off
from work with pay. Requests to use furlough hours shall be made and may be approved consistent with
present vacation policies. Furlough bank hours have no cash value and if not used prior to separation shall
be extinguished.
7
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE 3 - LEAVE ELIGIBILITY AND PROCEDURE
Section 1 Leave Categories
Consistent with the provisions of this MOU, employees shall be entitled to annual vacation and shall be
allowed sick, injury, emergency and special leaves of absence. Administrative leave will be treated the same
as time actually worked for purposes of leave requests, benefits and pay.
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 Administrative 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.
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.
P-11
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE 4 - 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.
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 accrued 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 and benefits for a period not
to exceed normal hours worked in 30 calendar days (or 180 hours maximum) in any one fiscal
year. All services of said employee in the recognized military service shall be counted as
employment with the City.
WC
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE 5 - 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, or an employee required to attend or testify at court in a lawsuit against the City in which the
employee is a named defendant, shall be granted leave for such purpose upon presentation of proof of the
period of said employee's required attendance to the Police Chief/designee. The employee shall receive full
pay for the time the employee 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, and the normal work schedule of an employee on court leave may be adjusted
to accommodate the needs of the department and the employee's particular circumstances.
If the employee makes a court appearance during the morning session and at least part of the afternoon
session, after he/she has just completed working a graveyard shift, and if the employee is scheduled to work
the next succeeding night shift, the employee shall either:
Take the succeeding scheduled graveyard shift off with paid compensation at straight time for the
succeeding shift; or
2. With the approval of the on -duty watch commander or shift supervisor, work the succeeding scheduled
graveyard shift and receive time and one-half paid compensation for the actual court appearance time.
10
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE 6 - 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.
Section 1 Sick Leave Defined
Sick leave is the necessary absence from duty of an employee and may be approved for:
1. Diagnosis, care, or treatment of the employee's existing health condition or preventive
medical or dental care for an employee.
2. The incapacity of the employee while on a scheduled vacation as defined in Section 7 of this
Article.
Bereavement.
Diagnosis, care, or treatment of an existing health condition of, or preventive care for an employee's family
member. For the purposes of using sick leave under this policy only, "family member" shall mean an
employee's parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or
grandparent.
In addition, an employee who is a victim of domestic violence, sexual assault, or stalking may use accrued
paid sick leave under this policy for the following reasons:
To obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining
order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare
of the victim or the victim's child;
2. To seek medical attention for inquiries caused by domestic violence, sexual assault, or
stalking;
To obtain services from a domestic violence shelter, program, or rape crisis center;
4. To obtain psychological counseling related to an experience of domestic violence, sexual
assault, or stalking;
To participate in safety planning and take other actions to increase safety from future domestic
violence, sexual assault, or stalking, including temporary or permanent relocation.
Section 2 Sick Leave Accumulation
Each full-time permanent or probationary employee covered by this Memorandum of Understanding
shall be entitled to accumulate sick leave at a rate of 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.
11
NCPOA Agreement January 1, 2022 — December 31, 2024
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. Sickness or injury purposely self-inflicted.
2. Sickness or injury caused by willful misconduct.
3. No paid sick leave shall be granted in excess of the employee's sick leave credit or on an employee's
regularly scheduled day off.
B. Absence that is chargeable to sick leave in accordance with this article shall be charged in an amount not
smaller than one (1) hour for the first hour of absence and thereafter, in increments of not less than
fifteen (15) minutes.
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 or for a work related
emergency which requires consultation with the employee when other means to rectify the emergency
have been exhausted.
12
NCPOA Agreement January 1, 2022 — December 31, 2024
Section 10 Sick Leave Incentive Pay (continued)
3. Payment will be made during the month of August each year. Pay will be computed based on the
employee's salary step on June 30 of the preceding fiscal year.
4. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he/she is
on payroll June 30.
5. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their
formal separation date.
14
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE 7 - 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 employee's immediate family as defined in Article 35 of this
MOU with regard to family care. 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 immediate family member as defined in Article 35 of this MOU 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, as defined in
Article 35 of this MOU.
Section 3 Limitation
Special leave with pay granted pursuant to this Article shall be limited to a maximum of 60 hours annually.
Special leave with pay must be approved by the Department Head or his designee consistent with the
provisions of this Article.
15
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE 8 — THE COMPENSATION PLAN
Section 1 Salary Advancement
The Compensation Plan has the following characteristics:
The salary range for all classifications, except Police Corporal, consists of five (5) steps (A
through E). The salary for Police Corporal is a flat amount approximately five percent (5%)
higher than "E" step for Police Officer.
2. The increase from one step to the next step on each salary range is as indicated in the salary
schedule for Police Department employees.
The success of the Compensation Plan depends upon incentives which will encourage employees to put forth
increasing efforts as they advance through the salary steps of the salary range. Salary advancement for each
employee shall be granted only upon a satisfactory evaluation ("standard" or above) and a recommendation
to the City Manager by the department head. The step increase must then be approved by the City Manager
or his designee.
If an employee is denied his/her salary step advancement due to failure of the department head or other
administrators to follow applicable Civil Service or Personnel Rules, he/she may appeal said denial through
the established Grievance Procedure.
Section 2 Salary Steps
The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth
salary steps are incentive adjustments to encourage an employee to continue to improve his work:
The first salary step (Step "A"), 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.
2. The second salary step (Step "B"), twelve (12) months of satisfactory service at Step "A" shall
make an employee eligible consistent with Section I for consideration for this salary
advancement.
Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become
eligible for consideration for this salary advancement.
The third salary step (Step "C"), twelve (12) months of satisfactory service at the Step "B"
shall make an employee eligible consistent with Section I for this salary advancement.
Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become
eligible for consideration for this salary advancement.
ITT
NCPOA Agreement January 1, 2022 — December 31, 2024
Section 2 Salary Steps (continued)
4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C" shall
make an employee eligible consistent with Section I for this salary advancement.
Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become
eligible for consideration for this salary advancement.
The fifth salary step (Step "E"), twelve (12) months of satisfactory service at Step "D" shall
make an employee eligible consistent with Section I for this salary advancement.
All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to
cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry
with it an annual salary increase during the first year equal to approximately five percent (5%).
The provisions of this Article are based upon the salary schedule adopted by the City Council.
17
NCPOA Agreement January 1, 2022 — December 31, 2024
ARTICLE 9 — PAY DIFFERENTIAL
Section 1
Those employees classified as Police Officer, Police Corporal or Police Sergeant and assigned Police
Service Dog Handler duty on a permanent basis shall receive a specialty pay differential of 4% of base
salary per month for the duration of said assignment.
Section 2
Those employees classified as Police Officer, Police Corporal or Sergeant and assigned motorcycle duty on
a permanent basis shall receive a specialty pay differential of 4% of base salary per month for the duration
of said assignment.
Section 3
Effective January 1, 2016, those employees who, upon recommendation of the Chief of Police and the
approval of the Administrative Services Director, and successful completion of a Bilingual Performance
Evaluation administered by the Human Resources Department, who are regularly required to use their
bilingual skills in Spanish, Tagalog or any second language approved by the Chief of Police and the
Administrative Services Director, shall receive a pay differential as follows: 3% of monthly base salary for
Sergeants and Lieutenants and 4% of monthly base salary for Officers and Corporals.
Section 4
Those employees classified as Police Officer shall receive a specialty pay differential of 3% of their base
salary for each shift in which a police officer is assigned a trainee and is required to write an evaluation of
the trainee's performance.
Section 5
Those employees permanently assigned to the SWAT Team shall receive a hazardous pay differential of 3%
of their base salary, and shall be paid only for the time the employee is assigned to the SWAT Team.
Section 6
Corporals assigned by Command Staff to work a full shift or more as an acting sergeant shall receive an
additional 5% of base pay for the hours worked as an acting sergeant. This provision shall not preclude a
Corporal being eligible for any greater acting pay benefit that may be provided by Department policy or a
City-wide rule, in which case the greater benefit shall apply instead of, but not in addition to, the benefit
provided under this provision.
18
NCPOA Agreement January 1, 2022 — December 31, 2024