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HomeMy WebLinkAbout2006 CON Police Officers Association - MOUCITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FOR FISCAL YEAR JULY 1, 2006 - JUNE 30, 2009 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JULY 1, 2006 THROUGH JUNE 30, 2009 The representatives of the City Manager 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 Officers' 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 members of and 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 December 19, 2006 2006-268 by Resolution No. For the CITY: STEVEN M. B Chief Spokes MANUEL RODRIGUEZ Repres tative C `I ZA City Ma ag Ob Date NCPOA MOU 2006-2009 PAGE 2 For the NCPOA: BRADLEY M. FIELDS Chief Spokesperson ©�v-CT 41_ DENNIS J. LEACH President (1/ zia( WILLIAM PHILLIPS Representative ROARK ntative TABLE OF CONTENTS ARTICLE TITLE PAGE Article 1 Implementation 1 Article 2 Recognition 2 Article 3 Vacation And Holiday Leave/Furlough Leave 3 Article 4 Leave Eligibility And Procedure 6 Article 5 Military Leave 7 Article 6 Maternity Leave/Paternity Leave 8 Article 7 Court Leave 9 Article 8 Sick Leave With Pay 10 Article 9 Special Leave With Pay 14 Article 10 The Compensation Plan 15 Article 11 Pay Differential 17 Article 12 Overtime 18 Article 13 Compensatory Time Off 21 Article 14 Educational Incentive Pay 23 Article 15 Longevity Pay 25 Article 16 Cafeteria Plan for Health, Dental & Insurance Plans 26 Article 17 Employee Life Insurance 27 Article 18 Public Employees' Retirement System 28 Article 19 Management Rights 29 Article 20 Long Term Disability Insurance 30 Article 21 Uniform Allowance 31 Article 22 Salaries 32 Article 23 Association Rights 34 Article 24 Employee Rights 36 Article 25 Work Week/Day 38 Article 26 P.O.S.T. Training 39 Article 27 Employee Grievance Procedure 40 Article 28 Continuation of Wages, Hours And Working Conditions 48 Article 29 Agreement, Modification, Waiver 49 Article 30 Obligation To Support 50 Article 31 Provisions of Law 51 Article 32 Term of Provisions 52 Article 33 Employee Assistance Program 53 Article 34 Use Of City Vehicles 54 Article 35 Definitions 55 NCPOA M0U 2006-2009 PAGE 3 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 Association 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. NCPOA MOU 2006-2009 PAGE 1 ARTICLE 2 RECOGNITION The City continues to recognize the Association as the formally recognized majority employees' organization for the following full-time employees of the National City Police Department: IA) SWOON POSITIONS: Police Lieutenant Police Sergeant Senior Police Officer Police Officer Animal Control Officer (DI NON -SWORN POSITIONS: Police Recruit Senior Police Dispatcher* * The Police Officer Association (POA) will continue to represent the position of Senior Police Dispatcher until the present incumbent vacates the position. Thereafter, the position will be represented by Municipal Employees' Association (MEA). NCPOA MOU 2006-2009 PAGE 2 ARTICLE 3 VACATION AND HOLIDAY LEAVE/FURLOUGH 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. 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: 0-130 pay periods 7.39 hrs. per pay period of service 131-390 pay periods 8.92 hrs. per pay period of service over 390 pay periods 10.46 hrs. per pay period of service Employees hired laterally from another public safety department, who have already completed police academy training, shall immediately accrue vacation with the City based on the number of pay periods of consecutive employment the employee had with the public safety department immediately preceding being hired by the City. For example, a lateral with 200 pay periods of consecutive employment with their current employer would, upon employment with the City, accrue 8.92 hours of vacation pay per pay period of service he/she performs for the City. It is recognized that the above accrual rates includes eight (8) hours credit for each of the following ten (10) fixed holidays and four (4) floating holidays: Fixed Holidays Floating Holidays New Year's Day - January 1st Lincoln's Birthday - February 12 Martin Luther Kings Day - 3rd Monday in Jan Washington Birthday - 3rd Monday in Feb Cesar Chavez Day - March 31st Columbus Day - 2nd Monday in Oct Memorial Day - Last Monday in May Veteran's Day Independence Day - July 4th Labor Day - 1st Monday in September Thanksgiving Day - 4th Thursday in Nov Day After Thanksgiving Day Christmas Eve Day - December 24th Christmas Day - December 25th 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. NCPOA MOU 2006-2009 PAGE 3 Article 3 - Vacation and Holiday Leave/Fafougk Leave gage 4 Section 3 Maximum Vacation Accumulation An employee may accumulate vacation to a maximum of three (3) times the annual accrual, and accrual shall stop whenever the employee reaches the maximum. Section 4 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 employees' vacation and holiday balance. Employees may request time off to attend religious services or other religious activities on Good Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees' annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 5 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 6 Terminal Vacation and Holiday Leave Pay Consistent with the provisions of this MOU and FLSA, 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 7 Terminal Vacation and Holiday Leave In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end of said period. Section 8 Holidays Occurring en Normal Work Day In the event an employee is required to work on a fixed holiday listed in Section 2 above, hourly compensation shall be based on the overtime rate. NCPOA MOU 2006-2009 PAGE 4 Article 3 - Vacation and Holiday Leave/Furlough Leave page 5 Section 9 Vacation Sell Back All employees (except Police Recruits) using a minimum of 40 hours of vacation during the eligibility period, may convert a minimum of 20 hours and a maximum of 80 hours of their accumulated vacation time to pay in December of each year. Employees must submit a written request to the Human Resources Department to convert vacation hours to pay prior to December 1st of each year in order to be eligible. The eligibility period is defined as the start of the pay period which corresponds to the first pay day in December and the previous 25 pay periods. The City shall issue checks to employees separate from their regular paychecks for purposes of vacation sell back. Section 10 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. NCPOA MOU 2006-2009 PAGE 5 ARTICLE 4 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. NCPOA MOU 2006-2009 PAGE 6 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 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. NCPOA MOU 2006-2009 PAGE 7 ARTICLE 6 MATERNITY LEAVE/PATERNITY LEAVE REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE. (The City shall enforce Article 6 of this MOU and the City's policy on Family and Medical Leave in accord with applicable state and federal law). NCPOA MOU 2006-2009 PAGE 8 ARTICLE 1 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 Police Chief/designee. The employee shall receive full pay for the time he serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms, 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 have the option of: 1. Taking the succeeding scheduled graveyard shift off with paid compensation at straight time for the succeeding shift or, 2. Subject to 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. NCPOA MOU 2006-2009 PAGE 9 ARTICLE S SICK LEAVE WITN 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. Illness, injury, incapacity 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. Authorized medical or dental care, or bereavement. 4. Care of family member pursuant to, and as defined by, Labor Code Section 233. 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. 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. NCPOA MOU 2006-2009 PAGE 10 Article 8 - Sick Leave With Pay page 11 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. Section 6 Separation trim City Service All accumulated sick leave shall be canceled upon separation of the employee from the City service, except upon retirement. If separation is by lay-off his accumulated sick leave, up to a maximum of 240 hours shall be restored to him upon re-employment within 24 months. NCPOA M0U 2006-2009 PAGE 11 Article a - Sick Leave With Pay Sale 12 Section 1 Illness daring 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 hired on or before June 30, 1979 shall upon formal retirement from the City under the Public Employees' Retirement System be paid for each day of unused sick leave or fraction thereof which has accrued to his credit up to and including his last day of work but not to exceed 45 days or 360 hours. An employee hired on or afterJuly 1, 1979 shall not be entitled to sick leave payoff upon retirement. Section 9 Evidence of Cause of Absence In all cases of absence due to sickness or injury of the employee; illness, injury or death in the employee's immediate family, the employee may be required to furnish the Department Head evidence substantiating the request for such leave. Failure to furnish such evidence upon request shall be sufficient reason to deny the leave of absence with pay. Section 10 Sick Leave incentive Pay 1. Employees using 40 hours of sick leave or less during the fiscal year may convert 50% of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. For purposes of this section, sick leave used in relation to a death in the immediate family as provided in Article 9, shall not be counted against the forty (40) hour eligibility limit on sick leave usage. 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 (50%) 96 hours 48 hours 88 hours 44 hours 80 hours 40 hours 72 hours 36 hours 64 hours 32 hours 56 hours or less 0 hours NCPOA MOU 2006-2009 PAGE 12 Article $ - Sick Leave With Pay kale 13 (EXAMPLE: Employee has 93 hours remaining yearly sick leave; therefore, 93 hours x .5 = 46.5 hours = 47 hours of pay) 3. Paid 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 40 hours of sick leave. He then receives pay for 50% of remaining 56 hours or 28 hours. The 28 hours are subtracted from his remaining yearly sick leave and the other 28 hours are added to the employee's total accumulated sick leave balance. ) 4. 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. 5. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on payroll June 30. 6. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their formal separation date. 7. The City shall issue checks to employees separate from their regular paychecks for purposes of sick leave incentive pay. NCPOA MOU 2006-2009 PAGE 13 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 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. NCPOA MOU 2006-2009 PAGE 14 ARTICLE 10 THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan has the following characteristics: 1. The salary range for all classifications, except Senior Police Officer, consists of five (5) steps (A through E). The salary for Senior Police Officer 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 as set out in Article 24. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Salary advancement for each employee shall be granted only upon a satisfactory evaluation ("standard" or above) and a recommendation to the City Manager by the department head. The step increase must then be approved by the City Manager or his designee. If an employee is denied his/her salary step advancement due to failure of the department head or other administrators to follow applicable Civil Service or Personnel Rules, he/she may appeal said denial through the established Grievance Procedure. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to improve his work: 1. 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 1 for consideration for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 3. The third salary step (Step "C"), twelve (12) months of satisfactory service at the Step "B" shall make an employee eligible consistent with Section 1 for this salary advancement. NCPOA MOU 2006-2009 PAGE 15 Article 10 - The Cempensatiee Plato pain 19 Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C" shall make an employee eligible consistent with Section 1 for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 5. The fifth salary step (Step "E"), twelve (12) months of satisfactory service at Step "D" shall make an employee eligible consistent with Section 1 for this salary advancement. All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it an annual salary increase during the first year equal to approximately five percent (5%). The provisions of this Article are based upon the salary schedule adopted by the City Council and set forth in Article 24. NCPOA MOU 2006-2009 PAGE 16 ARTICLE 11 PAY DIFFERENTIAL Section 1 Those employees classified as Police Officer and assigned duty as the "Police Liaison Officer" shall receive a pay differential of $123 per month. This pay differential may be eliminated at the Council's discretion. Section 2 Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned Police Dog/Animal Handler duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. Section 3 Those employees classified as Police Officer, Senior Officer or Sergeant and assigned motorcycle duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. Section 4 Those employees who, upon recommendation of the Chief of Police and the approval of the Personnel Director, and successful completion of a Bilingual Performance Evaluation administered by the Personnel Department, who are regularly required to use their bilingual skills in Spanish, Tagalog or any second language approved by the Chief of Police and the Personnel Director, shall receive a pay differential as follows: 2% of monthly base salary for Sergeants and Lieutenants and 3% of monthly base salary for Officers and Senior Officers. Section 5 Those employees classified as Police Officer shall receive a pay differential of 3% of their base salary for the second shift (or part of second shift) and for each subsequent shift in a pay period in which they are assigned a trainee. The pay differential will be determined on a pay period by pay period basis and will be prospective only. The pay differential will not apply to the first shift within a pay period in which the Police Officer is assigned a trainee. Section 6 Those employees permanently assigned to the SWAT Team shall receive a hazardous pay differential of 3% of their base salary, beginning with the first full pay period in January, 2007, and shall be paid only for the time the employee is assigned to the SWAT Team. NCPOA MOU 2006-2009 PAGE 17 ARTICLE 12 OVERTIME 1. The smallest unit of time credited as overtime as an extension of shift shall be 6 minutes. The overtime policy issued to clarify how overtime is calculated shall be used by the City to calculate overtime hours. 2. Overtime credit must be for work specifically ordered, requested or approved by the Department Head or a designated representative. All time, (including actual hours worked, sick leave, vacation, etc.) except suspension time shall be considered in the determination and calculation of overtime. 3. Except as provided in Section 5 regarding court time, if an employee is required to return to his/her place of employment after he/she has completed a normal work day, he/she shall receive overtime pay for a minimum of four (4) hours unless such overtime is within three (3) hours of the beginning of the employee's regular work period, in which case the employee shall receive overtime pay for one (1) hour more than the overtime hours worked. Said employee shall have the option of taking compensatory time off in lieu of call back pay. 4. All overtime compensation shall be at time and a half whether it is paid or is credited as compensatory time off. (a) Overtime shall be paid for all hours over eighty (80) hours of paid time in a biweekly pay period. 5. Employees on scheduled time off, who are subpoenaed in the line of duty or required by the Department Head or his designee to be present in criminal or juvenile court, or other judicial proceedings shall receive overtime compensation for all time actually spent and required to be at court. Employees shall be guaranteed a minimum of four (4) hours for each separate court appearance unless such overtime is within one (1) hour of the beginning of the employee's regular work period, in which case a one (1) hour minimum will be paid. Said employee shall be reimbursed for all actual mileage said employee travels round trip between the Police Station and the location to which said employee is subpoenaed. (a) Overtime shall not be granted to an employee who schedules voluntary leave and then volunteers to work overtime during the scheduled leave. (b) Overtime shall not be granted to an employee who is scheduled to appear in court during his regular shift and requests and is granted leave time. This paragraph shall not apply to an annual scheduled vacation or a person on leave who is unexpectedly ordered to appear in court. NCPOA MOU 2006-2009 PAGE 18 Article 12 - Overtime (c) page 19 Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned Motorcycle duty on a regular basis shall receive one-half hour of overtime pay for each full shift actually worked as compensation for travel time to and from the workplace. (d) Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned police dog/animal handler duty on a regular basis shall receive one half hour of overtime pay for each full shift actually worked as compensation for travel to and from the workplace. 6. Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. 7. The parties understand that unexpected problems may arise in the administration of overtime and leave. At the request of either party to this agreement, a committee composed of representative of the National City Police Officers' Association and the City will meet and discuss overtime and leave issues with the intent to reduce unnecessary overtime and maximize the opportunity to reduce furlough and comp time balances. 8. Change of Schedule With the understanding that the needs of the department will sometimes require short notice, every effort will be made to notify employees regarding transfers or shift adjustments as far in advance of such changes as is possible. Employees (other than probationary employees) who are subject to transfer or shift adjustment shall be notified no less than 7 calendar days prior to that movement or adjustment. Probationary employees who are subject to transfer or shift adjustment shall be notified no less than forty-eight (48) hours prior to that movement or adjustment. If such notice cannot be made or is not made, and the employee chooses to not waive calendar days notification guideline, the first shift worked on the new schedule shall be compensated at time and a half. NCPOA MOU 2006-2009 PAGE 19 Article 12 - Overtime 9. Department Credit Card page 20 The City shall make a Department credit card available to Association members for use in paying for reimbursable travel and training costs. Use of the Department credit card, including the details of the expenditure and the amount to be charged to that card, must be approved by the Chief of Police or his/her designee, prior to using the credit card. NCPOA MOU 2006-2009 PAGE 20 ARTICLE 13 COMPENSATORY TIME OFF Section 1 Consistent with Article 12 of this MOU every employee is entitled to receive time and one half pay to be included in the pay period in which earned or at the discretion of the employee of having said hours logged as "comp time" with a maximum accumulation of one hundred thirty (130) hours. Said hours of comp time shall be converted to the equivalent of straight time hours (i.e., one hour of overtime equals one and one half- hours comp time). Section 2 When an employee's employment terminates for any reason, all comp time shall be paid to said employee at the employee's current salary as specified under the Fair Labor Standards Act. The City shall issue checks to employees and/or terminated employees separate from their regular paychecks for purposes of cashing out compensatory time off. Section 3 An employee may use his comp time to extend his regular vacation period with the approval of the Department Head. Section 4 Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. NCPOA Mou 2006-2009 PAGE 21 Article 13 - Compensatory Time Off Section 5 pole 22 Employees may cash comp time during employment, as follows: (a) Employees will have the opportunity to cash out a total of 120 hours of earned but unused comp time between the following dates: July 1 through March 31, of any fiscal year. (b) An employee can only cash out comp time twice a year, during the above listed time period. Employees must request a cash out of comp time in a memorandum addressed to the Chief of Police. (c) The minimum number of hours that an employee can cash out, per request, is 20 hours. The maximum, per request, is 80 hours. (d) The Operations Assistant will be tasked with tracking employees' requests to assure employees do not exceed two requests per the listed fiscal year. (e) Employees will receive payment in a separate check from their regular pay. NCPOA MOU 2006-2009 PAGE 22 ARTICLE 14 EDUCATIONAL INCENTIVE PAY Safety employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting the requirements indicated below. LEVEL I $30.00 per month compensation * LEVEL II 1.5% of base monthly salary LEVEL III 3% of base monthly salary AS or AA in related field BS or BA in related field or AA/AS with Intermediate POST Certificate MS or MA in related field or BS/BA and Advanced POST Certificate * Level I benefits are only available to employees already receiving such benefits as of July 1, 2002. GENERAL REQUIREMENTS 1. Completion of the initial Probationary Period with the National City Police Department. 2. Performance Report of at least "Satisfactory" on last two (2) reports. 3. Recommendation from the Chief of Police and the approval of the City Manager or designee. 4. Degrees of AA, AS, BA, BS, MA, MS, LLB or JD must be formally awarded degrees in a field closely related to law enforcement. "Closely related to law enforcement" is defined as: A formal course of academic study in a discipline directly related to municipal law enforcement which by virtue of having completed the prescribed courses of study, an individual would reasonably be expected to have acquired skills that would make the individual a better Police Officer. Examples of a closely related field are: Police Administration, Criminal Justice Administration, Law Enforcement Administration, Public Administration and Jurisprudence. The City Manager or designee will make the final determination as to a program "relatedness" to law enforcement. The institution conferring the degree must be accredited by the Accrediting Commission of Senior Colleges, Universities, etc. 5. 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 Southwestern College. It is the responsibility of the Officer to provide documentation that requirements for graduation have been met. NCPOA MOU 2006-2009 PAGE 23 Article 14 - Educatleeal Incentive Pap page 24 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 $1,500 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 is related to the employee's employment with the City, or the course is required for a degree in a closely related field. The Chief of Police or his designee has the final authority on determining whether a course or degree 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. 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. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. The Police Chief will be given an annual budget of $30,000.00 for purposes of tuition reimbursement pursuant to this Article. Once this budget is fully expended in any one year, no further tuition reimbursement is available for that year. NCPOA MOU 2006-2009 PAGE 24 ARTICLE 15 LONGEVITY PAY In addition to other compensation paid for the service of employees pay shall be paid to all officers and employees of the City of National City on the following basis: (a) After 15 years of continuous and uninterrupted service the sum of $40.00 per month; (b) After 20 years of continuous and uninterrupted service the sum of $45.00 per month; (c) After 25 years of continuous and uninterrupted service the sum of $50.00 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 employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of prior employment. Employees currently being paid Longevity Pay for service of five (5) and ten (10) years will continue to be paid at the $10/month and $15/month respectively. NCPOA MOU 2006-2009 PAGE 25 ARTICLE 16 CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS Section 1 Health Coverage As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health and dental insurance program. 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 that meet the requirements of applicable law. The City will provide, as of July 1, 2002, a cafeteria benefit to all employees for use of paying insurance premiums for health, dental and other insurance plans according to the following: EMPLOYEE ONLY $295/month or 100% of cost Kaiser and Delta PMI, currently provided (lowest cost health and dental options) EMPLOYEE + 1 80% of the cost of Kaiser and Delta PMI, currently provided EMPLOYEE + 2 OR MORE 80% of the cost of Kaiser and Delta PMI , currently provided In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. The City and Association agree to reopen negotiations in September, 2007, regarding the City's contribution levels under this section. The reopening of negotiations will not reduce City contribution levels. By agreeing to reopen negotiations, the City is not agreeing that it will increase contribution levels. Section 2 Money in Lieu An employee may elect to receive an amount equivalent to the City's contribution minus the cost of health coverage for the employee alone, as cash in lieu. Section 3 Retiree Health Benefit Employees covered by this MOU, who retire from the City of National City after July 1, 1999, and who have at least 20 full years of service with National City Police Department shall receive $5/month for each year of service with National City Police Department as the City's contribution towards their medical insurance premium. This contribution shall continue until reaching age 65 or the retiree obtaining primary health coverage not sponsored by the City of National City. NCPOA MOU 2006-2009 PAGE 26 ARTICLE 17 EMPLOYEE LIFE INSURANCE As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association, insurance carrier and the City. The City will provide $40,000 Basic Life Accident Insurance coverage for each employee. NCPOA MOU 2006-2009 PAGE 27 ARTICLE 18 PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety or miscellaneous members of the Public Employees' Retirement System and are entitled to all benefits previously adopted amendments by the Board of Administration of PERS and the City Council. Section 2 Plan Cost The full cost of the employee's retirement program shall be paid by the City for eligible employees. Section 3 The Plan Definition The following benefits are included in the retirement plan benefits: (a) 3% @ 50 for Police Officer, Senior Police Officer, Police Sergeant and Police Lieutenant, 3% @ 60 for Senior Police Dispatcher and Animal Control Officer (b) Third level of 1959 Survivor Benefit (Section 21382.4) (c) Credit for Unused Sick Leave (Section 20862.4) (d) Single highest 12-month period as salary base (e) The City will report Employer Paid Member Contributions (EPMC), effective the last pay period in June, 2009, as compensation earnable to PERS under applicable California Government Code and California Code of Regulations provisions. NCPOA MOU 2006-2009 PAGE 28 ARTICLE 19 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. NCPOA MOU 2006-2009 PAGE 29 ARTICLE 20 LONG TERM DISABILITY INSURANCE The City will provide up to $30.00 per month, per employee to provide a Long Term Disability Insurance Plan as selected by the POA. In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution, the employee must pay the excess amount, and if the cost is less than $30/month, the City shall provide the cost of insurance only, and the employee will not receive the excess as cash -in -lieu. It is the employee's responsibility to notify the Police Department and the Personnel Office when benefits under the plan are awarded. NCPOA MOU 2006-2009 PAGE 30 ARTICLE 21 UNIFORM ALLOWANCE Section 1 Beginning in August, 2007, and in August of each successive year, the City shall provide the following amounts for employees in the following classifications covered by this MOU, to be applied towards the purchase and maintenance of prescribed uniforms as follows: August 2007 $750 August 2008 $750 as uniform allowance for Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Senior Police Officer, and Animal Control Officer. In the first pay period in January, 2007, the City shall make a one-time uniform allowance payment of $50 to the preceding classifications. Section 2 In addition to the above the City shall provide each new employee appointed to a position listed above $350 toward the initial purchase of prescribed uniforms. Section 3 The City shall provide each sworn employee a flat badge. Section 4 The City shall issue checks to employees separate from their regular paycheck for purposes of uniform allowance. NCPOA MOU 2006-2009 PAGE 31 ARTICLE 22 SALARIES Section 1 Salary Adlastmeuts and Schedules Salary adjustments will be made according to the attached Salary Schedules. The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. Section 2 Salary Increases During the term of this MOU, employees shall receive salary increases as follows: A. For Officers, Police Sergeants and Police Lieutenants: 1. Effective with the first full pay period in January, 2007: 4.2%; 2. Effective with the first full pay period in August, 2007: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 3. Effective with the second pay period in January, 2008: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 4. Effective with the first pay period in August, 2008: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 5. Effective with the second pay period in January, 2009: Adjust to number four position among San Diego County comparable agencies, which shall be set at three quarters of the difference between the existing number three and number four positions in San Diego County; NCPOA MOU 2006-2009 PAGE 32 Article 22 - Salaries page 33 6. For purposes of this subsection: (a) Adjustments will be made upon current salaries, comparing top step to top step, in place at the time of the pay period adjustment among the San Diego County comparable agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified; (b) The determination of which agencies are in the current third and/or fourth position in San Diego County shall be made on a classification by classification basis, using the top step of each classification; and (c) San Diego comparable agencies shall be comprised of police departments of the following public agencies: Cities of (1) Oceanside; (2) Escondido; (3) Chula Vista; (4) Carlsbad; (5) San Diego; (6) National City; (7) El Cajon; (8) Coronado; and (9) San Diego County Sheriff's Department and (10) La Mesa. B. Senior Police Officers Senior Police Officers' salaries will be based on the salary determined for Police Officers under Section (A) above, plus 5%, as set forth in Article 10, Section 1, of this MOU. C. For Senior Police Dispatchers and Animal Regulation Officers: 1. Effective with the first full pay period in January, 2007: 4.2% or the increase in the Consumer Price Index for San Diego County ("CPI") for the six (6) months preceding, whichever is greater; 2. Effective with the second full pay period in January, 2008: 4% or CPI, for the preceding one (1) year, whichever is greater; 3. Effective with the second full pay period in January, 2009: 4% or CPI, for the preceding one (1) year, whichever is greater. NCPOA MOU 2006-2009 PAGE 33 ARTICLE 23 ASSOCIATION RIGHTS Section 1 The City recognizes the right of the Association 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 Association shall have sole and exclusive use of specific bulletin board space, clearly marked and identified as such, of roughly four feet by eight feet in dimension, located in the hallway area of the Police Department. The Police Chief shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of Association business. Material placed on the bulletin board shall be at the discretion of the Association with the understanding that materials so posted shall only be for legitimate communications with members. Said postings shall not be offensive to good taste, defamatory or involve support or opposition to candidates for political office within the City government. The Police Chief or his designee shall have the right to remove any such materials upon prior notice to the Association representative. The Association shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials. Section 4 The employee shall be allowed to designate a representative to assist said employee in: 1. Preparing and presenting grievances; 2. Preparing and processing material for Disciplinary Hearing; 3. Preparing and presenting material for any legitimate Employer -Employee relations matter for which representation is granted pursuant to existing law. NCPOA MOU 2006-2009 PAGE 34 Article 23 - Association Rights Section 5 page 35 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. NCPOA MOU 2006-2009 PAGE 35 ARTICLE 24 EMPLOYEE BIGOTS 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. 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 membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. 4. The right to represent himself/herself individually in his/her employee relations with the City. 5. The right to review his/her personnel file by so requesting in writing to the appropriate City official. 6. The City shall maintain only one official employee personnel file and that file shall be in the custody of the City Personnel Officer. That personnel file shall be the only official source or repository of documents pertaining to the employee's performance, past and present, leave requests, disciplinary records and commendations. The 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 aide. 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. NCPOA MOU 2006-2009 PAGE 36 Article 24 = Employee Bights page 37 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 employee's 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. NCPOA MOU 2006-2009 PAGE 37 ARTICLE 25 WORK WEEKDAY Section 1 All employees of the National City Police Department covered by this agreement who work four (4) ten (10) hour days per work week, including two (2) 15 minute rest periods, one-half (1/2) hour lunch break and "roll call" shall be scheduled for three (3) consecutive days off per work week. Section 2 All employees of the National City Police Department covered by this agreement who work five (5) eight (8) hour days shall have two (2) consecutive days off per week. Said shift shall include two (2) 15 minute rest periods and "roll call" and one-half (1/2) hour off duty unpaid lunch break. Section 3 If the rest periods are not utilized the time cannot be accumulated nor will additional compensation be provided. Section 4 The City agrees to provide an Alternative 4/10 Work Schedule to Police Detectives. Assignment of this Schedule will be completed by the Investigations Unit Lieutenant and approved by the Chief of Police, with the requirement that the Investigations Unit have staff available at all times during the Monday through Friday workweek. Section 5 Employees shall be allowed fifteen (15) minutes at the start of their shift to put on (donning) their safety gear and fifteen (15) minutes at the end of their shift to take off (doffing) their safety gear. Briefing will begin fifteen (15) minutes after the start of a shift and end fifteen (15) minutes before the end of a shift to allow for the donning and doffing of safety gear. NCPOA MOU 2006-2009 PAGE 38 ARTICLE 26 P.O.S.T. TRAINING All sworn Police Department employees should have equal opportunities to attend P.O.S.T. training consistent with the needs of the Department. NCPOA MOU 2006-2009 PAGE 39 ARTICLE 27 EMPLOYEE GRIEVANCE PROCEDURE Section 1 Purpose The purpose and objectives of this Grievance Procedure of the City of National City are: (A) To promote improved employer -employee relations by establishing grievance procedures on matters within the scope of a Memorandum of Understanding between the City and a recognized employee association for which appeal or hearing is not provided by other regulations. (B) To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. (C) To encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. (D) To provide that appeals shall be conducted as informally as possible. (E) To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. This grievance procedure is applicable to all employees in positions within a bargaining unit represented by an employee association. This procedure does not supersede the grievance or other appeal procedures in the Civil Service Rules of the City. Section 2 Identification of Participants For the purpose of this grievance procedure, the following definitions shall apply: (A) Association: The employee organization recognized by the City to represent employees in the grievant's bargaining unit. (B) City: The City of National City. (C) City Manager: The City Manager or his designee. (D) Department: A major organizational unit of the City. (E) Department Head or Head of a Department The chief executive officer of a department. PAGE 40 NCPOA MOU 2006-2009 Article 27 - Employee Grievance Procedure page 41 (F) Employee or City Employee: A member of a bargaining unit either at the time of initiation of the grievance of within seven (7) calendar clays prior to initiation of the grievance. (G) Employee Representative: An individual who appears on behalf of the employee. (H) Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its membership as a whole, arising out of the application or interpretation of existing provisions of an MOU. (I) Immediate Supervisor. The individual who normally assigns, reviews or directs the work of an employee. (J) Management: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; (2), Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (K) Memorandum of Understanding (MOU): A written agreement between an employee organization and the City which is a result of the meet and confer process. (L) Personnel Officer. The Personnel Officer or his designee. (M) Second Level Supervisor: The individual to whom an immediate supervisor normally reports. Section 3 Scope of Grievance Procedure (A) To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred. 2. Results from an act or omission by management which is alleged to be a violation of a specific provision of a current Memorandum of Understanding. 3. Arise out of a specific situation, act or acts complained of as being unfair which result in specified inequity or damage to the employee(s). NCPOA MOU 200E-2009 PAGE 41 Article 27 - Employee Grievance Procedure page 42 (B) A grievance is not reviewable under this procedure if either it is a matter which would require the modification of the MOU or a policy established by the City Council or by law. Also, a grievance is not reviewable under this procedure if it is reviewable under some other administrative or Civil Service procedure such as: 1. Applications for changes in title, job classification or salary; 2. Appeals from formal disciplinary proceedings; 3. Appeals arising out of Civil Service examinations; 4. Appeals from work performance evaluations. (C) A complaint may not be considered under this procedure if a grievance has been filed on the same matter under the Civil Service Grievance Procedure (Rule IX). Section 4 Special Provisions of the Grievous Procedure (A) Procedure for Presentation: In presenting a grievance the employee shall follow the sequence and the procedure outlined in Section 5 of this Procedure. (B) Prompt Presentation: The employee shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance. (C) Submittal of Grievance: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. At each level, the form must be completed fully, signed by the grievant and hand delivered or sent by U.S. mail to the designated reviewer's office with a copy being sent to the Personnel Office, also within the specified time limits. (D) Statement of Grievance: The grievance must contain a statement of: 1. The specific situation, act or acts complained of as being unfair; 2. The specific provision(s) of the MOU which has been violated; 3. The inequity or damage suffered by the employee; 4. The relief sought; 5. The representative of the grievant (if applicable). NCPOA MOU 2006-2009 PAGE 42 Article 27 - Employee Grievance Procedure page 43 (E) Employee Representative: The employee may choose someone to provide representation at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time. (F) Handled During Working Hours: Whenever possible, grievance hearings and meetings with reviewers will be conducted during the regularly scheduled working hours of the parties involved. (G) Extension of Time: The time limit within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (H) Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled by management as a single grievance. (I) Settlement A grievance shall be considered settled and not subject to further consideration or re - filing if anyof the following conditions exist: 1. The grievant indicates in writing that the grievance is withdrawn. 2. The specific remedy requested on the grievance form is granted. 3. The grievant does not submit the grievance to the next higher level of review with the normal time limits or extended time limits obtained in writing by mutual agreement. (J) Rejection: A grievance may be rejected for consideration at any time during the grievance review process for any of the following reasons: 1. The grievant does not meet the definition of "employee" indicated in Section 2. 2. The subject of the grievance is outside the scope of the procedure as indicated in Section 3. 3. The grievant does not comply with any of the requirements of Sections 4 or 5. (K) Representation: The grievant may elect to be represented by the Association or any other person or to represent himself/herself. If the grievant elects to not be represented by the Association, the Association shall be given a copy of the grievance and its resolution. NCPOA MOU 2006-2009 PAGE 43 Article 21- Employee Grievance Procedure pane 44 (L) Deletion of Step(s): By mutual written consent of the department head and the grievant, any one or more of the first three (3) steps of the procedure may be omitted in consideration of a specific grievance when it is felt that this is in the best interests of an equitable and expeditious resolution of the grievance. (M) Reprisals: The grievance procedure is considered an integral part of the employee -employer relation policy of the City. As such, it is intended to assure a grievant and his/her representative the right to present the grievance without fear of disciplinary action or reprisal of any kind by his/her supervisor or other agents of the City provided he/she observes the provisions of the grievance procedure. Section 5 Grievance Procedure Steps The following procedure shall be followed by an employee submitting a grievance: STEP I Immediate Supervisor: The employee shall discuss the grievance with the immediate supervisor within 20 calendar days of the alleged act or omission of management causing the grievance. Within seven (7) calendar days the supervisor shall give a decision to the employee verbally. STEP II Second -Level Supervisor If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the time limit above, the employee may within seven (7) calendar days present the grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her second level supervisor within seven (7) calendar days. The second -level supervisor shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days after receiving the grievance. STEP Ill Department Head: If the employee and second level supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the time limit, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days. STEP IV Hearin : (a) Grievance to Personnel Officer. If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Personnel Officer. NCPOA MOU 2006-2009 PAGE 44 Article 27 - Employee Grievance Procedure page 45 (b) Selection of Board Members: Within seven (7) calendar days of receiving the grievance at this level, the Personnel Officer shall meet with the grievant and/or the grievant's representative to select two members of a grievance hearing board. The grievant and/or representative shall select one member; the Personnel Officer shall select another member. The two board members shall select a third member to serve as Chairperson. The board members may be any persons who are not directly involved in the incidents of the grievance or in the line of supervision over the grievant either at the time of the hearing or at the time the incidents referred to in the grievance occurred. Any person nominated to be the chairperson shall be subject to disqualification and the action of the Board canceled if it can be shown that he/she had direct interest in the resolution of the grievance. (c) Hearing Procedures: NCPOA MOU 2006-2009 1. The board members shall be given prior access to the grievance form, all written responses and all supportive material attached thereto. 2. The board shall provide written announcement of the location, date and time of the hearing to each side. 3. The hearing may be public or private as requested by the grievant. 4. The manager who is the subject of the grievance shall be represented by the Personnel Officer or other person designated by him/her. 5. Each side shall have the opportunity to present written and oral evidence. Witnesses shall be under oath. 6. The board shall rule on the admissibility of evidence. Legal rules of evidence shall not apply. 7. Each side shall receive a copy of the written evidence and have the opportunity to question the witnesses of the other side. 8. There shall be no shorthand or mechanical recording of the hearing. 9. The board members, if City employees, are entitled to carry out all activities connected with the hearing, including preparation for the hearing and preparation of report on City work time. PAGE 45 Article 27 - Employee Grievance Procedure page 46 10. Consistent with the above requirements, the board may establish such additional procedures as it deems necessary to carry out its responsibilities. (d) Board Report: 1. The board shall submit a written report of its findings to the City Manager with copies to the grievant, the appropriate department head and the Personnel Officer. 2. The report shall contain only the following: (a) Recommendation on each specific remedy requested on the grievance form. (b) Findings of fact about the alleged violation(s) by management. (c) The date, time and location of the hearing, the names of witnesses and a copy of all pertinent documents. 3. The board may recommend that no remedy be granted, that the remedy sought be granted or that an alternate remedy be granted. In order to grant some remedy to the grievant, it must be shown to the satisfaction of the board that such remedy is justified by a preponderance of evidence is consistent with the relevant MOU and the grievant met the requirements of the grievance procedure. 4. There shall be only one report from the board. 5. The discussions of the board members are confidential. All copies of materials and working papers of the board members shall be maintained by the Chairperson of the Board for 90 days after the decision of the City Manager is disseminated and then destroyed as soon as practical thereafter. 6. Necessary clerical support for the board shall be made available by the Office of the City Manager. (e) City Manager's Response: The City Manager shall provide written response to both parties and the members of the board on the resolution of the grievance. If the City Manager disagrees with any recommendation of the Board, his written response shall indicate strong and compelling reason(s) for that disagreement. Basis for disagreement may be any one or more of the following: NCPOA MOU 2006-2009 PAGE 46 Article 27 - Employee Grievance Procedure page 47 1. The Board substantially deviated from the hearing procedures. 2. The recommendation is in excess of the remedy sought on the initial grievance submittal. 3. The recommendation is inconsistent with the MOU. 4. The recommendation is inconsistent with the facts as stated in the grievance form and/or the written information provided by the Board. The decision of the City Manager shall be final and not subject to further appeal except for such appeals to the Courts and State or Federal compliance agencies as provided by law. Section 6 interpretation and Application The Personnel Officer is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Personnel Officer's actions or interpretations, the final authority will be the City Manager. The City Manager's determinations on the application and interpretation of the grievance procedure are final and not subject to further appeal or grievance. NCPOA MOU 2006-2009 PAGE 47 ARTICLE 28 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. Any written policies and procedures or past practices regarding wages hours and working conditions subject to meeting and conferring which are currently in existence and not changed by this MOU, shall not be revised to adversely affect the employees covered by this MOU during the term of the MOU without prior meeting and conferring in good faith with the Association. NCPOA MOU 2006-2009 PAGE 48 ARTICLE 29 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. NCPOA MOU 2006-2009 PAGE 49 ARTICLE 30 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. NCPOA MOU 2006-2009 PAGE 50 ARTICLE 31 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. NCPOA MOU 2006-2009 PAGE 51 ARTICLE 32 TERM OF PROVISIONS This is the entire integrated agreement and it shall be effective July 1, 2006 through June 30, 2009, superseding all conflicting provisions of the previous MOU and past practices. NCPOA MOU 2006-2009 PAGE 52 ARTICLE 33 EMPLOYEE ASSISTANCE PROGRAM The City shall provide an Employee Assistance Program available to all employees in the bargaining unit. A program description shall be developed by the City with the input of the Association and a request for proposals will be circulated. Final selection of the contractor to provide this service shall be made by the City with the input of the Association. Consistent with contract processing requirements of the City, the City shall make every good faith effort to ensure implementation of this program within 90 days of the circulation of the Request for Proposals. NCPOA MOU 2006-2009 PAGE 53 ARTICLE 34 USE OF CITY VEHICLES Section 1 Under normal circumstances, employees, other than probationary employees1 with the following assignments shall be allowed to drive an assigned City vehicle between their residence and their work station: (A) Motorcycle Officers (B) Officers assigned to the canine program (C) The Detective Lieutenant (D) The Detective Sergeant assigned to Crimes Against Person (E) The Detective whose primary assignment is to Homicide Investigation (9 Crimes of Violence Investigator (G) Crimes of Property Investigator (H) Other employees on a temporary basis when it is determined by the Chief to best meet the interests of the department Section 2 The City will provide marked take home cars to sworn employees who live in National City, except for those POA members who can take home cars under Section 1 above. Should the number of eligible employees exceed the number of marked patrol vehicles available for this purpose, the distribution of vehicles would be based upon employee seniority. The City maintains the right to rescind this program at any time. Section 3 Except as specifically provided in this Article, no employees represented by the POA will be allowed to take home cars. NCPOA MOU 2006-2009 PAGE 54 ARTICLE 35 DEFINITIONS Unless the particular provision or the context otherwise requires the definitions and provisions contained in this article shall govern the construction, meaning and applications of words and phrases used in this Memorandum of Understanding. ADVANCEMENT - Shall mean a salary increase within range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE - Shall mean the date that the employee completes twelve (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 Officers' 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 Services System and the Rules of the Civil Service Commission. COMPENSATION - Shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. 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. NCPOA MOU 2006-2009 PAGE 55 Article 35 - Definitions pale 56 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 under Article 9 of this MOU, shall mean any person living in the same household as the employee who is related by blood, marriage or adoption and shall include children of the employee, children of the employee's spouse, if living in the employee's household, the employee's spouse, if living in the employee's household, as well as the employee's grandparents (grandparents and children of employee whether or not residing in the employee's household). For purposes of memorial observance, under Article 9 of this MOU, immediate family shall include the individuals listed above for family care and also include the following whether or not living in the same household as the employee: parents or siblings of the employee, 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. NCPOA MOU 2006-2009 PAGE 56 Article 35 - Definitions pace 51 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. 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 fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. NCPOA MOU 2006-2009 PAGE 57 Article 35 - Definitions page 58 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. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non- permanent nature on a provisional basis. NCPOA MOU 2006-2009 PAGE 58 RESOLUTION NO. 2006 — 268 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND THE CITY OF NATIONAL CITY FOR THE PERIOD OF JULY 1, 2006 THROUGH JUNE 30, 2009 WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, = said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the Police Officers' Association has resulted in an agreement for a Memorandum of Understanding for the period of July 1, 2006 through June 30, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Memorandum of Understanding between the Police Officers' Association and the City of National for the period of July 1, 2006 through June 30, 2009. A copy of said Memorandum of Understanding is on file in the office of the C Clerk. PASSED and ADOPTED this 19th day of December 2006. ATTEST: A lity Micel R. Dalla,rk APPROVED AS TO FORM: George H. Eiser, III City Attorney Morn on, Mayor Passed and adopted by the Council of the City of National City, California, on December 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City C rk of the City of ationa I City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-268 of the City of National City, California, passed and adopted by the Council of said City on December 19, 2006. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 19, 2006 AGENDA ITEM NO. 21 ITEM TITLE Resolution approving the Memorandum of Understanding (MOU) between the City and the Police Officer's Association (POA). PREPARED BY Alfredo Lopez (x43DEPARTMENT Human Resources EXPLANATION HR Director The National City Police Depart (NCPD) is comprised of 87 POA employees who provide public safety, crime prevention and community policing, emergency preparedness and homeland security services. POA positions range from entry-level Police Recruit to progressively responsible Police Officer, Senior Police Officer, Sergeant and Lieutenant classifications. In addition, the Senior Police Dispatcher and Animal Control Officer are represented by POA. The previous City-POA MOU expired on June 30, 2006. POA employees did not receive a salary increase in the previous contract. Instead, they were provided with a One -Time Retention Incentive in July, 2005. The incentive was designed to avoid on -going impacts to the City's budget, encourage employees to remain with NCPD, and minimize employee related turnover costs. The updated MOU covers the three year period of July 1, 2006 to June 30, 2009. The agreement allows the City to remain competitive in the recruitment and retention of police officers. The agreement has zero/no adjustments in CY 2006, provides for a 4.2% increase in Jan, 2007; and brings POA to the number four position in SD County in Jan, 2008, and bi-annually thereafter. In addition, the MOU provides adjustments to the annual uniform allowance, provides a pay differential to S.W.A.T. and increases employee life and disability insurance coverage, among �other regional retention strategies. A Re -Opener on Benefits is scheduled for September, 2007. POA members will be eligible for Employer Paid Member Contributions (EPMC) in June, 2009. Environmental Review N / A Financial Statement Finance Director Signature A °`""'U FY 06/07 impact is 168K. Future FY impacts are largely determined by the market price. Per preliminary estimates, future impacts may cost up to 600K in any one FY when compared to the prior FY. Monies for this purpose are available in Account No. 001-2501 Undesignated Fund Balance. Account No. 001-2501 STAFF RECOMMENDATION Recommend approval of the proposed resolution. BOARD / COMMISSION RECOMMENDATION N / A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Updated City-POA MOU (July 1, 2006 to June 30, 2009) Resolution No. r"4.0 sa - accz A-200 (9/80) CITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FOR FISCAL YEAR JULY 1, 2006 - JUNE 30, 2009 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JULY 1, 2006 THROUGH JUNE 30, 2009 The representatives of the City Manager 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 Officers' 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 members of and 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 by Resolution No. STEVEN M. B Chief Spokes - rson ALFREDO LiPEZ Rep - - ntative zC MANUEL RODRIGUEZ Representative I cHi i5ZARA' " City Manage 12lly'Ob Date For the HCPOA: BRADLEY M. FIELDS Chief Spokesperson per+_..« Ld CLCr DENNIS J. LEACH President (//kild, WILLIAM PHILLIPS Representative Repre ROARK ntative NCPOA MOU 2006-2009 PAGE 2 TABLE OF CONTENTS ARTICLE TITLE PAGE Article 1 Implementation 1 Article 2 Recognition 2 Article 3 Vacation And Holiday Leave/Furlough Leave 3 Article 4 Leave Eligibility And Procedure 6 Article 5 Military Leave 7 Article 6 Maternity Leave/Paternity Leave 8 Article 7 Court Leave 9 Article 8 Sick Leave With Pay 10 Article 9 Special Leave With Pay 14 Article 10 The Compensation Plan 15 Article 11 Pay Differential 17 Article 12 Overtime 18 Article 13 Compensatory Time Off 21 Article 14 Educational Incentive Pay 23 Article 15 Longevity Pay 25 Article 16 Cafeteria Plan for Health, Dental & Insurance Plans 26 Article 17 Employee Life Insurance 27 Article 18 Public Employees' Retirement System 28 Article 19 Management Rights 29 Article 20 Long Term Disability Insurance 30 Article 21 Uniform Allowance 31 Article 22 Salaries 32 Article 23 Association Rights 34 Article 24 Employee Rights 36 Article 25 Work Week/Day 38 Article 26 P.O.S.T. Training 39 Article 27 Employee Grievance Procedure 40 Article 28 Continuation of Wages, Hours And Working Conditions 48 Article 29 Agreement, Modification, Waiver 49 Article 30 Obligation To Support 50 Article 31 Provisions of Law 51 Article 32 Term of Provisions 52 Article 33 Employee Assistance Program 53 Article 34 Use Of City Vehicles 54 Article 35 Definitions 55 NCPOA MOU 2006-2009 PAGE 3 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 Association 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. NCPOA MOU 2006-2009 PAGE 1 ARTICLE 2 RECOGNITION The City continues to recognize the Association as the formally recognized majority employees' organization for the following full-time employees of the National City Police Department: (Al SWORN POSITIONS: Police Lieutenant Police Sergeant Senior Police Officer Police Officer Animal Control Officer (Bl NON -SWORN POSITIONS: Police Recruit Senior Police Dispatcher* * The Police Officer Association (POA) will continue to represent the position of Senior Police Dispatcher until the present incumbent vacates the position. Thereafter, the position will be represented by Municipal Employees' Association (MEA). NCPOA MOU 2006-2009 PAGE 2 ARTICLE 3 VACATION AND HOLIDAY LEAVE/FUDLOUGN 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. 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: 0-130 pay periods 7.39 hrs. per pay period of service 131-390 pay periods 8.92 hrs. per pay period of service over 390 pay periods 10.46 hrs. per pay period of service Employees hired laterally from another public safety department, who have already completed police academy training, shall immediately accrue vacation with the City based on the number of pay periods of consecutive employment the employee had with the public safety department immediately preceding being hired by the City. For example, a lateral with 200 pay periods of consecutive employment with their current employer would, upon employment with the City, accrue 8.92 hours of vacation pay per pay period of service he/she performs for the City. It is recognized that the above accrual rates includes eight (8) hours credit for each of the following ten (10) fixed holidays and four (4) floating holidays: FixedxHolidays New Year's Day - January 1st Martin Luther Kings Day - 3rd Monday in Jan Cesar Chavez Day - March 31st Memorial Day - Last Monday in May Independence Day - July 4th Lincoln's Birthday - February 12 Washington Birthday - 3rd Monday in Feb Columbus Day - 2nd Monday in Oct Veteran's Day Labor Day - 1st Monday in September Thanksgiving Day - 4th Thursday in Nov Day After Thanksgiving Day Christmas Eve Day - December 24th Christmas Day - December 25th 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. NCPOA MOO 2006-2009 PAGE 3 Article 3 - Vacation and Holiday Leave/Furlough Leave nage 4 Section 3 Maximum Vacation Accumulation An employee may accumulate vacation to a maximum of three (3) times the annual accrual, and accrual shall stop whenever the employee reaches the maximum. Section 4 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 employees' vacation and holiday balance. Employees may request time off to attend religious services or other religious activities on Good Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees' annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 5 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 6 Terminal Vacation and Holiday Leave Pay Consistent with the provisions of this MOU and FLSA, 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 7 Terminal Vacation and Holiday Leave In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end of said period. Section 8 Holidays Occurring on Normal Work Day In the event an employee is required to work on a fixed holiday listed in Section 2 above, hourly compensation shall be based on the overtime rate. NCPOA MOU 2006-2009 PAGE 4 Article 3 - Vacation and Holiday Leave/Furlengh Leave page 5 Section 9 Vacation Sell Back All employees (except Police Recruits) using a minimum of 40 hours of vacation during the eligibility period, may convert a minimum of 20 hours and a maximum of 80 hours of their accumulated vacation time to pay in December of each year. Employees must submit a written request to the Human Resources Department to convert vacation hours to pay prior to December 1st of each year in order to be eligible. The eligibility period is defined as the start of the pay period which corresponds to the first pay day in December and the previous 25 pay periods. The City shall issue checks to employees separate from their regular paychecks for purposes of vacation sell back. Section 10 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. NCPOA MOU 2006-2009 PAGE 5 ARTICLE 4 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. NCPOA MOU 2006-2009 PAGE 6 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 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. 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. NCPOA MOU 2006-2009 PAGE 7 ARTICLE 6 MATERNITY LEAVE/PATERNITY LEAVE REFER TO CITY POLICY ON FAMILY AND MEDICAL LEAVE. (The City shall enforce Article 6 of this MOU and the City's policy on Family and Medical Leave in accord with applicable state and federal law). NCPOA MOU 2006-2009 PAGE 8 ARTICLE 7 COURT LEAVE An employee who is required by court order to serve as a juror or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said employee's required attendance to the Police Chief/designee. The employee shall receive full pay for the time he serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for. credit to the proper fund. Request for such leave shall be made upon leave of absence forms, 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 have the option of: 1. Taking the succeeding scheduled graveyard shift off with paid compensation at straight time for the succeeding shift or, 2. Subject to 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. NCPOA MOU 2006-2009 PAGE 9 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. Section 1 Sick Leave Defined Sick leave is the necessary absence from duty of an employee and may be approved for. 1. Illness, injury, incapacity 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. Authorized medical or dental care, or bereavement. 4. Care of family member pursuant to, and as defined by, Labor Code Section 233. 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. 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. NCPOA MOU 2006-2009 PAGE 10 Article 8 - Sick Leave With Pay pale 11 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. Section 6 Separation from City Service All accumulated sick leave shall be canceled upon separation of the employee from the City service, except upon retirement. If separation is by lay-off his accumulated sick leave, up to a maximum of 240 hours shall be restored to him upon re-employment within 24 months. NCPOA MOU 2006-2009 PAGE 11 Article 8 - Sick Leave With Pay page 12 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 hired on or before June 30, 1979 shall upon formal retirement from the City under the Public Employees' Retirement System be paid for each day of unused sick leave or fraction thereof which has accrued to his credit up to and including his last day of work but not to exceed 45 days or 360 hours. An employee hired on or afterJuly 1, 1979 shall not be entitled to sick leave payoff upon retirement. Section 9 Evidence of Cause of Absence In all cases of absence due to sickness or injury of the employee; illness, injury or death in the employee's immediate family, the employee may be required to furnish the Department Head evidence substantiating the request for such leave. Failure to furnish such evidence upon request shall be sufficient reason to deny the leave of absence with pay. Section 10 Sick Leave Incentive Pay 1. Employees using 40 hours of sick leave or less during the fiscal year may convert 50% of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. For purposes of this section, sick leave used in relation to a death in the immediate family as provided in Article 9, shall not be counted against the forty (40) hour eligibility limit on sick leave usage. 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 (50%) 96 hours 48 hours 88 hours 44 hours 80 hours 40 hours 72 hours 36 hours 64 hours 32 hours 56 hours or less 0 hours NCPOA MOU 2006-2009 PAGE 12 Article 8 - Sick Leave With Pay page 13 (EXAMPLE Employee has 93 hours remaining yearly sick leave; therefore, 93 hours x .5 = 46.5 hours = 47 hours of pay) 3. Paid 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 40 hours of sick leave. He then receives pay for 50% of remaining 56 hours or 28 hours. The 28 hours are subtracted from his remaining yearly sick leave and the other 28 hours are added to the employee's total accumulated sick leave balance. ) 4. 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. 5. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on payroll June 30. 6. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their formal separation date. 7. The City shall issue checks to employees separate from their regular paychecks for purposes of sick leave incentive pay. NCPOA MOU 2006-2009 PAGE 13 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 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. NCPOA NIOU 2006-2009 PAGE 14 ARTICLE 10 THE COMPENSATION PLAN Section 1 Salary Advancement The Compensation Plan has the following characteristics: 1, The salary range for all classifications, except Senior Police Officer, consists of five (5) steps (A through E). The salary for Senior Police Officer 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 as set out in Article 24. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Salary advancement for each employee shall be granted only upon a satisfactory evaluation ("standard" or above) and a recommendation to the City Manager by the department head. The step increase must then be approved by the City Manager or his designee. If an employee is denied his/her salary step advancement due to failure of the department head or other administrators to follow applicable Civil Service or Personnel Rules, he/she may appeal said denial through the established Grievance Procedure. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows. The second, third, fourth and fifth salary steps are incentive adjustments to encourage an employee to continue to improve his work: 1. 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 1 for consideration for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 3. The third salary step (Step "C"), twelve (12) months of satisfactory service at the Step "B" shall make an employee eligible consistent with Section 1 for this salary advancement. NCPOA MOU 2006-2009 PAGE 15 Article 10 - The Compensation Plan page 16 Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C" shall make an employee eligible consistent with Section 1 for this salary advancement. Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become eligible for consideration for this salary advancement. 5. The fifth salary step (Step "E"), twelve (12) months of satisfactory service at Step "D" shall make an employee eligible consistent with Section 1 for this salary advancement. All rates shown and conditions set forth herein, are in full payment for services rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it an annual salary increase during the first year equal to approximately five percent (5%). The provisions of this Article are based upon the salary schedule adopted by the City Council and set forth in Article 24. NCPOA MOU 2006-2009 PAGE 16 ARTICLE 11 PAY DIFFERENTIAL Section 1 Those employees classified as Police Officer and assigned duty as the "Police Liaison Officer" shall receive a pay differential of $123 per month. This pay differential may be eliminated at the Council's discretion. Section 2 Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned Police Dog/Animal Handler duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. Section 3 Those employees classified as Police Officer, Senior Officer or Sergeant and assigned motorcycle duty on a permanent basis shall receive a pay differential of 4% of base salary per month for the duration of said assignment. Section 4 Those employees who, upon recommendation of the Chief of Police and the approval of the Personnel Director, and successful completion of a Bilingual Performance Evaluation administered by the Personnel Department, who are regularly required to use their bilingual skills in Spanish, Tagalog or any second language approved by the Chief of Police and the Personnel Director, shall receive a pay differential as follows: 2% of monthly base salary for Sergeants and Lieutenants and 3% of monthly base salary for Officers and Senior Officers. Section 5 Those employees classified as Police Officer shall receive a pay differential of 3% of their base salary for the second shift (or part of second shift) and for each subsequent shift in a pay period in which they are assigned a trainee. The pay differential will be determined on a pay period by pay period basis and will be prospective only. The pay differential will not apply to the first shift within a pay period in which the Police Officer is assigned a trainee. Section 6 Those employees permanently assigned to the SWAT Team shall receive a hazardous pay differential of 3% of their base salary, beginning with the first full pay period in January, 2007, and shall be paid only for the time the employee is assigned to the SWAT Team. NCPOA MOU 2006-2009 PAGE 17 ARTICLE 12 OVERTIME 1. The smallest unit of time credited as overtime as an extension of shift shall be 6 minutes. The overtime policy issued to clarify how overtime is calculated shall be used by the City to calculate overtime hours. 2. Overtime credit must be for work specifically ordered, requested or approved by the Department Head or a designated representative. All time, (including actual hours worked, sick leave, vacation, etc.) except suspension time shall be considered in the determination and calculation of overtime. 3. Except as provided in Section 5 regarding court time, if an employee is required to return to his/her place of employment after he/she has completed a normal work day, he/she shall receive overtime pay for a minimum of four (4) hours unless such overtime is within three (3) hours of the beginning of the employee's regular work period, in which case the employee shall receive overtime pay for one (1) hour more than the overtime hours worked. Said employee shall have the option of taking compensatory time off in lieu of call back pay. 4. All overtime compensation shall be at time and a half whether it is paid or is credited as compensatory time off. (a) Overtime shall be paid for all hours over eighty (80) hours of paid time in a biweekly pay period. 5. Employees on scheduled time off, who are subpoenaed in the line of duty or required by the Department Head or his designee to be present in criminal or juvenile court, or other judicial proceedings shall receive overtime compensation for all time actually spent and required to be at court. Employees shall be guaranteed a minimum of four (4) hours for each separate court appearance unless such overtime is within one (1) hour of the beginning of the employee's regular work period, in which case a one (1) hour minimum will be paid. Said employee shall be reimbursed for all actual mileage said employee travels round trip between the Police Station and the location to which said employee is subpoenaed. (a) Overtime shall not be granted to an employee who schedules voluntary leave and then volunteers to work overtime during the scheduled leave. (b) Overtime shall not be granted to an employee who is scheduled to appear in court during his regular shift and requests and is granted leave time. This paragraph shall not apply to an annual scheduled vacation or a person on leave who is unexpectedly ordered to appear in court. NCPOA MOU 2006-2009 PAGE 18 Article 12 - Overtime page 19 (c) Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned Motorcycle duty on a regular basis shall receive one-half hour of overtime pay for each full shift actually worked as compensation for travel time to and from the workplace. (d) Those employees classified as Police Officer, Senior Officer or Police Sergeant and assigned police dog/animal handler duty on a regular basis shall receive one half hour of overtime pay for each full shift actually worked as compensation for travel to and from the workplace. 6. Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible due to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. 7. The parties understand that unexpected problems may arise in the administration of overtime and leave. At the request of either party to this agreement, a committee composed of representative of the National City Police Officers' Association and the City will meet and discuss overtime and leave issues with the intent to reduce unnecessary overtime and maximize the opportunity to reduce furlough and comp time balances. 8. Change of Schedule With the understanding that the needs of the department will sometimes require short notice, every effort will be made to notify employees regarding transfers or shift adjustments as far in advance of such changes as is possible. Employees (other than probationary employees) who are subject to transfer or shift adjustment shall be notified no less than 7 calendar days prior to that movement or adjustment. Probationary employees who are subject to transfer or shift adjustment shall be notified no less than forty-eight (48) hours prior to that movement or adjustment. If such notice cannot be made or is not made, and the employee chooses to not waive calendar days notification guideline, the first shift worked on the new schedule shall be compensated at time and a half. NCPOA MOU 2006-2009 PAGE 19 Article 12 - Overtime page 21 9. Department Credit Card The City shall make a Department credit card available to Association members for use in paying for reimbursable travel and training costs. Use of the Department credit card, including the details of the expenditure and the amount to be charged to that card, must be approved by the Chief of Police or his/her designee, prior to using the credit card. NCPOA MOU 2006-2009 PAGE 20 ARTICLE 13 COMPENSATORY TIME OFF Section 1 Consistent with Article 12 of this MOU every employee is entitled to receive time and one half pay to be included in the pay period in which earned or at the discretion of the employee of having said hours logged as "comp time" with a maximum accumulation of one hundred thirty (130) hours. Said hours of comp time shall be converted to the equivalent of straight time hours (i.e., one hour of overtime equals one and one half- hours comp time). Section 2 When an employee's employment terminates for any reason, all comp time shall be paid to said employee at the employee's current salary as specified under the Fair Labor Standards Act. The City shall issue checks to employees and/or terminated employees separate from their regular paychecks for purposes of cashing out compensatory time off. Section 3 An employee may use his comp time to extend his regular vacation period with the approval of the Department Head. Section 4 Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification shall be prior to implementation unless this is not feasible clue to unforeseen circumstances or legal requirements; and (c) The Association reserves the right to meet and confer on these changes by submittal of a written request within 30 days prior to or after their implementation. NGPOA MOU 2006-2009 PAGE 21 Article 13 - Compensatory rime Off page 22 Section 5 Employees may cash comp time during employment, as follows: (a) Employees will have the opportunity to cash out a total of 120 hours of earned but unused comp time between the following dates: July 1 through March 31, of any fiscal year. (b) An employee can only cash out comp time twice a year, during the above listed time period. Employees must request a cash out of comp time in a memorandum addressed to the Chief of Police. (c) The minimum number of hours that an employee can cash out, per request, is 20 hours. The maximum, per request, is 80 hours. (d) The Operations Assistant will be tasked with tracking employees' requests to assure employees do not exceed two requests per the listed fiscal year. (e) Employees will receive payment in a separate check from their regular pay. NCPOA MOO 2006-2009 PAGE 22 ARTICLE 14 EDUCATIONAL INCENTIVE PAY Safety employees covered by this Memorandum of Understanding are eligible for educational incentive pay upon meeting the requirements indicated below. LEVEL I $30.00 per month compensation * - LEVEL II 1.5% of base monthly salary LEVEL.Ill 3:%: of base monthly salaryy AS or AA in related field BS or BA in related field or AA/AS with Intermediate POST Certificate MS or MA in related field or BS/BA and Advanced POST Certificate * Level I benefits are only available to employees already receiving such benefits as of July 1, 2002. GENERAL REQUIREMENTS 1. Completion of the initial Probationary Period with the National City Police Department. 2. Performance Report of at least "Satisfactory" on last two (2) reports. 3. Recommendation from the Chief of Police and the approval of the City Manager or designee. 4. Degrees of AA, AS, BA, BS, MA, MS, LLB or JD must be formally awarded degrees in a field closely related to law enforcement. "Closely related to law enforcement" is defined as: A formal course of academic study in a discipline directly related to municipal law enforcement which by virtue of having completed the prescribed courses of study, an individual would reasonably be expected to have acquired skills that would make the individual a better Police Officer. Examples of a closely related field are: Police Administration, Criminal Justice Administration, Law Enforcement Administration, Public Administration and Jurisprudence. The City Manager or designee will make the final determination as to a program "relatedness" to law enforcement. The institution conferring the degree must be accredited by the Accrediting Commission of Senior Colleges, Universities, etc. 5. 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 Southwestern College. It is the responsibility of the Officer to provide documentation that requirements for graduation have been met. NCPOA MOU 2006-2009 PAGE 23 Article 14 - Educational Incentive Pay page 24 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 $1,500 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 is related to the employee's employment with the City, or the course is required for a degree in a closely related field. The Chief of Police or his designee has the final authority on determining whether a course or degree 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. 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. 5. The employee must show written documentation of the expenditures being claimed for reimbursement. 6. The Police Chief will be given an annual budget of $30,000.00 for purposes of tuition reimbursement pursuant to this Article. Once this budget is fully expended in any one year, no further tuition reimbursement is available for that year. NCPOA MOU 2006-2009 PAGE 24 ARTICLE 15 LONGEVITY PAY In addition to other compensation paid for the service of employees pay shall be paid to all officers and employees of the City of National City on the following basis: (a) After 15 years of continuous and uninterrupted service the sum of $40.00 per month; (b) After 20 years of continuous and uninterrupted service the sum of $45.00 per month; (c) After 25 years of continuous and uninterrupted service the sum of $50.00 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. Inthe event an employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said officer or employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of prior employment. Employees currently being paid Longevity Pay for service of five (5) and ten (10) years will continue to be paid at the $10/month and $15/month respectively. NCPOA MOU 2006-2009 PAGE 25 ARTICLE 16 CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS Section 1 Health Coverage As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health and dental insurance program. 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 that meet the requirements of applicable law. The City will provide, as of July 1, 2002, a cafeteria benefit to all employees for use of paying insurance premiums for health, dental and other insurance plans according to the following: EMPLOYEE ONLY $295/month or 100% of cost Kaiser and Delta PMI, currently provided (lowest cost health and dental options) EMPLOYEE + 1 80% of the cost of Kaiser and Delta PMI, currently provided EMPLOYEE + 2 OR MORE 80% of the cost of Kaiser and Delta PMI , currently provided In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. The City and Association agree to reopen negotiations in September, 2007, regarding the City's contribution levels under this section. The reopening of negotiations will not reduce City contribution levels. By agreeing to reopen negotiations, the City is not agreeing that it will increase contribution levels. Section 2 Money In Lien An employee may elect to receive an amount equivalent to the City's contribution minus the cost of health coverage for the employee alone, as cash in lieu. Section 3 Retiree Health Benefit Employees covered by this MOU, who retire from the City of National City after July 1, 1999, and who have at least 20 full years of service with National City Police Department shall receive $5/month for each year of service with National City Police Department as the City's contribution towards their medical insurance premium. This contribution shall continue until reaching age 65 or the retiree obtaining primary health coverage not sponsored by the City of National City. NCPOA MOU 2006-2009 PAGE 26 ARTICLE 17 EMPLOYEE LIFE INSURANCE As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association, insurance carrier and the City. The City will provide $40,000 Basic Life Accident Insurance coverage for each employee. NCPOA MOU 2006-2009 PAGE 27 ARTICLE 18 PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety or miscellaneous members of the Public Employees' Retirement System and are entitled to all benefits previously adopted amendments by the Board of Administration of PERS and the City Council. Section 2 Plan Cost The full cost of the employee's retirement program shall be paid by the City for eligible employees. Section 3 The Plan Definition The following benefits are included in the retirement plan benefits: (a) 3% @ 50 for Police Officer, Senior Police Officer, Police Sergeant and Police Lieutenant, 3% @ 60 for Senior Police Dispatcher and Animal Control Officer (b) Third level of 1959 Survivor Benefit (Section 21382.4) (c) Credit for Unused Sick Leave (Section 20862.4) (d) Single highest 12-month period as salary base (e) The City will report Employer Paid Member Contributions (EPMC), effective the last pay period in June, 2009, as compensation earnable to PERS under applicable California Government Code and California Code of Regulations provisions. NCPOA MOU 2006-2009 PAGE 28 ARTICLE 19 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. NCPOA MOU 2006-2009 PAGE 29 ARTICLE 20 LONG TERM DISABILITY INSURANCE The City will provide up to $30.00 per month, per employee to provide a Long Term Disability Insurance Plan as selected by the POA. In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution, the employee must pay the excess amount, and if the cost is less than $30/month, the City shall provide the cost of insurance only, and the employee will not receive the excess as cash -in -lieu. It is the employee's responsibility to notify the Police Department and the Personnel Office when benefits under the plan are awarded. NCPOA MOU 2006-2009 PAGE 30 ARTICLE 21 UNIFORM ALLOWANCE Section 1 Beginning in August, 2007, and in August of each successive year, the City shall provide the following amounts for employees in the following classifications covered by this MOU, to be applied towards the purchase and maintenance of prescribed uniforms as follows: August 2007 $750 August 2008 $750 as uniform allowance for Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Senior Police Officer, and Animal Control Officer. In the first pay period in January, 2007, the City shall make a one-time uniform allowance payment of $50 to the preceding classifications. Section 2 In addition to the above the City shall provide each new employee appointed to a position listed above $350 toward the initial purchase of prescribed uniforms. Section 3 The City shall provide each sworn employee a flat badge. Section 4 The City shall issue checks to employees separate from their regular paycheck for purposes of uniform allowance. NCPOA MOU 2006-2009 PAGE 31 ARTICLE 22 SALARIES Section 1 Salary Adjustments and Schedules Salary adjustments will be made according to the attached Salary Schedules. The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. Section 2 Salary Increases During the term of this MOU, employees shall receive salary increases as follows: A. For Officers, Police Sergeants and Police Lieutenants: 1. Effective with the first full pay period in January, 2007: 4.2%; 2. Effective with the first full pay period in August, 2007: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 3. Effective with the second pay period in January, 2008: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 4. Effective with the first pay period in August, 2008: Adjust to number four position among San Diego County comparable agencies, identified below, which shall be halfway between the existing number three and number four positions in San Diego County; 5. Effective with the second pay period in January, 2009: Adjust to number four position among San Diego County comparable agencies, which shall be set at three quarters of the difference between the existing number three and number four positions in San Diego County; NCPOA MOU20O6-2009 PAGE 32 Article 22 - Salaries page 33 6. For purposes of this subsection: (a) Adjustments will be made upon current salaries, comparing top step to top step, in place at the time of the pay period adjustment among the San Diego County comparable agencies. Subsequent retroactive adjustments are not to be considered nor are salary increases not yet ratified; (b) The determination of which agencies are in the current third and/or fourth position in San Diego County shall be made on a classification by classification basis, using the top step of each classification; and (c) San Diego comparable agencies shall be comprised of police departments of the following public agencies: Cities of (1) Oceanside; (2) Escondido; (3) Chula Vista; (4) Carlsbad; (5) San Diego; (6) National City; (7) El Cajon; (8) Coronado; and (9) San Diego County Sheriff's Department and (10) La Mesa. B. Senior Police Officers Senior Police Officers' salaries will be based on the salary determined for Police Officers under Section (A) above, plus 5%, as set forth in Article 10, Section 1, of this MOU. C. For Senior Police Dispatchers and Animal Regulation Officers: 1. Effective with the first full pay period in January, 2007: 4.2% or the increase in the Consumer Price Index for San Diego County ("CPI") for the six (6) months preceding, whichever is greater; 2. Effective with the second full pay period in January, 2008: 4% or CPI, for the preceding one (1) year, whichever is greater; 3. Effective with the second full pay period in January, 2009: 4% or CPI, for the preceding one (1) year, whichever is greater. NCPOA MOU 2006-2009 PAGE 33 ARTICLE 23 ASSOCIATION RIGHTS Section 1 The City recognizes the right of the Association 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 Association shall have sole and exclusive use of specific bulletin board space, clearly marked and identified as such, of roughly four feet by eight feet in dimension, located in the hallway area of the Police Department. The Police Chief shall designate the authorized bulletin board space and said space shall be the only space which is authorized for the posting of Association business. Material placed on the bulletin board shall be at the discretion of the Association with the understanding that materials so posted shall only be for legitimate communications with members. Said postings shall not be offensive to good taste, defamatory or involve support or opposition to candidates for political office within the City government. The Police Chief or his designee shall have the right to remove any such materials upon prior notice to the Association representative. The Association shall be responsible for maintaining the space provided in an orderly condition and shall promptly remove outdated materials. Section 4 The employee shall be allowed to designate a representative to assist said employee in: 1. Preparing and presenting grievances; 2. Preparing and processing material for Disciplinary Hearing; 3. Preparing and presenting material for any legitimate Employer -Employee relations matter for which representation is granted pursuant to existing law. NCPOA MOU 2006-2009 PAGE 34 Article 23 - Association Rights page 35 Section 5 Subject to the needs of the department and the approval of the Chief of Police, designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to present grievances and material for Disciplinary Hearing on behalf of the affected employee if said employee requests said assistance and to meet with City management representatives relative to matters of Employer - Employee relations. NCPOA MOU 2006-2009 PAGE 35 ARTICLE 24 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. 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 membership or non -membership in any employee organization or with respect to any lawful activity associated therewith which is within the scope of representation. 4. The right to represent himself/herself individually in his/her employee relations with the City. 5. The right to review his/her personnel file by so requesting in writing to the appropriate City official. 6. The City shall maintain only one official employee personnel file and that file shall be in the custody of the City Personnel Officer. That personnel file shall be the only official source or repository of documents pertaining to the employee's performance, past and present, leave requests, disciplinary records and commendations. The 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 aide. 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. NCPOA MOU 2006-2009 PAGE 36 Article 24 - Employee Rights page 37 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 employee's 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. NCPOA MOU2006-2009 PAGE37 ARTICLE 25 WORK WEEKDAY Section 1 All employees of the National City Police Department covered by this agreement who work four (4) ten (10) hour days per work week, including two (2) 15 minute rest periods, one-half (1/2) hour lunch break and "roll call" shall be scheduled for three (3) consecutive days off per work week. Section 2 All employees of the National City Police Department covered by this agreement who work five (5) eight (8) hour days shall have two (2) consecutive days off per week. Said shift shall include two (2) 15 minute rest periods and "roll call" and one-half (1/2) hour off duty unpaid lunch break. Section 3 If the rest periods are not utilized the time cannot be accumulated nor will additional compensation be provided. Section 4 The City agrees to provide an Alternative 4/10 Work Schedule to Police Detectives. Assignment of this Schedule will be completed by the Investigations Unit Lieutenant and approved by the Chief of Police, with the requirement that the Investigations Unit have staff available at all times during the Monday through Friday workweek. Section 5 Employees shall be allowed fifteen (15) minutes at the start of their shift to put on (donning) their safety gear and fifteen (15) minutes at the end of their shift to take off (doffing) their safety gear. Briefing will begin fifteen (15) minutes after the start of a shift and end fifteen (15) minutes before the end of a shift to allow for the donning and doffing of safety gear. NCPOA MOU 2006-2009 PAGE 38 ARTICLE 26 P.O.S.T. TRAINING All sworn Police Department employees should have equal opportunities to attend P.O.S.T. training consistent with the needs of the Department. NCPOA MOU 2006-2009 PAGE 39 ARTICLE 27 EMPLOYEE GRIEVANCE PROCEDURE Section 1 Purpose The purpose and objectives of this Grievance Procedure of the City of National City are: (A) To promote improved employer -employee relations by establishing grievance procedures on matters within the scope of a Memorandum of Understanding between the City and a recognized employee association for which appeal or hearing is not provided by other regulations. (B) To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. (C) To encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. (D) To provide that appeals shall be conducted as informally as possible. (E) To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. This grievance procedure is applicable to all employees in positions within a bargaining unit represented by an employee association. This procedure does not supersede the grievance or other appeal procedures in the Civil Service Rules of the City. Section 2 Identification of Participants For the purpose of this grievance procedure, the following definitions shall apply: (A) Association: The employee organization recognized by the City to represent employees in the grievant's bargaining unit. (B) City: The City of National City. (C) City Manager. The City Manager or his designee. (D) Department: A major organizational unit of the City. (E) Department Head or Head of a Department: The chief executive officer of a department. NCPOA MOU 2006-2009 PAGE 40 Article 27 - Employee Grievance Procedure page 41 (F) Employee or City Employee: A member of a bargaining unit either at the time of initiation of the grievance of within seven (7) calendar days prior to initiation of the grievance. (G) Employee Representative: An individual who appears on behalf of the employee. (H) Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its membership as a whole, arising out of the application or interpretation of existing provisions of an MOU. (I) Immediate Supervisor: The individual who normally assigns, reviews or directs the work of an employee. (1) Management: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; (2), Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (K) Memorandum of Understanding (MOU): A written agreement between an employee organization and the City which is a result of the meet and confer process. (L) Personnel Officer The Personnel Officer or his designee. (M) Second Level Supervisor. The individual to whom an immediate supervisor normally reports. Section 3 Scope of Grievance Procedure (A) To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred. 2. Results from an act or omission by management which is alleged to be a violation of a specific provision of a current Memorandum of Understanding. 3. Arise out of a specific situation, act or acts complained of as being unfair which result in specified inequity or damage to the employee(s). NCPOA MOU 2006-2009 PAGE 41 Article 27 - Employee Grievance Procedure page 42 (B) A grievance is not reviewable under this procedure if either it is a matter which would require the modification of the MOU or a policy established by the City Council or by law. Also, a grievance is not reviewable under this procedure if it is reviewable under some other administrative or Civil Service procedure such as: 1. Applications for changes in title, job classification or salary; 2. Appeals from formal disciplinary proceedings; 3. Appeals arising out of Civil Service examinations; 4. Appeals from work performance evaluations. (C) A complaint may not be considered under this procedure if a grievance has been filed on the same matter under the Civil Service Grievance Procedure (Rule IX). Section 4 Special Provisions of the Grievance Procedure (A) Procedure for Presentation: In presenting a grievance the employee shall follow the sequence and the procedure outlined in Section 5 of this Procedure. (B) Prompt Presentation: The employee shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance. (C) Submittal of Grievance: The written grievance shall be submitted on a form prescribed by the Personnel Officer for this purpose. At each level, the form must be completed fully, signed by the grievant and hand delivered or sent by U.S. mail to the designated reviewer's office with a copy being sent to the Personnel Office, also within the specified time limits. (D) Statement of Grievance: The grievance must contain a statement of: 1. The specific situation, act or acts complained of as being unfair; 2. The specific provision(s) of the MOU which has been violated; 3. The inequity or damage suffered by the employee; 4. The relief sought; 5. The representative of the grievant (if applicable). NCPOA MOU 2006-2009 PAGE 42 Article 27 - Employee Grievance Procedure page 43 (E) Employee Representative: The employee may choose someone to provide representation at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time. (F) Handled During Working Hours: Whenever possible, grievance hearings and meetings with reviewers will be conducted during the regularly scheduled working hours of the parties involved. (G) Extension of Time: The time limit within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (H) Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled by management as a single grievance. (I) Settlement: A grievance shall be considered settled and not subject to further consideration or re - filing if anyof the following conditions exist: (J) 1. The grievant indicates in writing that the grievance is withdrawn. 2. The specific remedy requested on the grievance form is granted. 3. The grievant does not submit the grievance to the next higher level of review with the normal time limits or extended time limits obtained in writing by mutual agreement. Rejection: A grievance may be rejected for consideration at any time during the grievance review process for any of the following reasons: 1. The grievant does not meet the definition of "employee" indicated in Section 2. 2. The subject of the grievance is outside the scope of the procedure as indicated in Section 3. 3. The grievant does not comply with any of the requirements of Sections 4 or 5. (K) Representation: The grievant may elect to be represented by the Association or any other person or to represent himself/herself. If the grievant elects to not be represented by the Association, the Association shall be given a copy of the grievance and its resolution. NCPOA MOU 2006-2009 PAGE 43 Article 27 - Employee Grievance Procedure page 44 (L) Deletion of Step(s): By mutual written consent of the department head and the grievant, any one or more of the first three (3) steps of the procedure may be omitted in consideration of a specific grievance when it is felt that this is in the best interests of an equitable and expeditious resolution of the grievance. (M) Reprisals: The grievance procedure is considered an integral part of the employee -employer relation policy of the City. As such, it is intended to assure a grievant and his/her representative the right to present the grievance without fear of disciplinary action or reprisal of any kind by his/her supervisor or other agents of the City provided he/she observes the provisions of the grievance procedure. Section 5 Grievance Procedure Stops The following procedure shall be followed by an employee submitting a grievance: STEP I Immediate Supervisor. The employee shall discuss the grievance with the immediate supervisor within 20 calendar days of the alleged act or omission of management causing the grievance. Within seven (7) calendar days the supervisor shall give a decision to the employee verbally. STEP II Second -Level Supervisor. If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the time limit above, the employee may within seven (7) calendar days present the grievance in writing to his/her supervisor who shall endorse his/her comments thereon and present it to his/her second level supervisor within seven (7) calendar days. The second -level supervisor shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days after receiving the grievance. STEP III Department Head: If the employee and second level supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a written decision within the time limit, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days. STEP IV Hearin : (a) Grievance to Personnel Officer: If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Personnel Officer. NCPOA MOU 2006-2009 PAGE 44 Article 2/ - Employee Grievance Procedure ease 45 (b) Selection of Board Members: Within seven (7) calendar days of receiving the grievance at this level, the Personnel Officer shall meet with the grievant and/or the grievant's representative to select two members of a grievance hearing board. The grievant and/or representative shall select one member; the Personnel Officer shall select another member. The two board members shall select a third member to serve as Chairperson. The board members may be any persons who are not directly involved in the incidents of the grievance or in the line of supervision over the grievant either at the time of the hearing or at the time the incidents referred to in the grievance occurred. Any person nominated to be the chairperson shall be subject to disqualification and the action of the Board canceled if it can be shown that he/she had direct interest in the resolution of the grievance. (c) Hearing Procedures: 1. The board members shall be given prior access to the grievance form, all written responses and all supportive material attached thereto. 2. The board shall provide written announcement of the location, date and time of the hearing to each side. 3. The hearing may be public or private as requested by the grievant. 4. The manager who is the subject of the grievance shall be represented by the Personnel Officer or other person designated by him/her. 5. Each side shall have the opportunity to present written and oral evidence. Witnesses shall be under oath. 6. The board shall rule on the admissibility of evidence. Legal rules of evidence shall not apply. 7. Each side shall receive a copy of the written evidence and have the opportunity to question the witnesses of the other side. 8. There shall be no shorthand or mechanical recording of the hearing. 9. The board members, if City employees, are entitled to carry out all activities connected with the hearing, including preparation for the hearing and preparation of report on City work time. NCPOA MOU 2006-2009 PAGE 45 Article 21- Employee Grievance Procedure page 46 10. Consistent with the above requirements, the board may establish such additional procedures as it deems necessary to carry out its responsibilities. (d) Board Report: 1. The board shall submit a written report of its findings to the City Manager with copies to the grievant, the appropriate department head and the Personnel Officer. 2. The report shall contain only the following: (a) Recommendation on each specific remedy requested on the grievance form. (b) Findings of fact about the alleged violation(s) by management. (c) The date, time and location of the hearing, the names of witnesses and a copy of all pertinent documents. 3. The board may recommend that no remedy be granted, that the remedy sought be granted or that an alternate remedy be granted. In order to grant some remedy to the grievant, it must be shown to the satisfaction of the board that such remedy is justified by a preponderance of evidence is consistent with the relevant MOU and the grievant met the requirements of the grievance procedure. 4. There shall be only one report from the board. 5. The discussions of the board members are confidential. All copies of materials and working papers of the board members shall be maintained by the Chairperson of the Board for 90 days after the decision of the City Manager is disseminated and then destroyed as soon as practical thereafter. 6. Necessary clerical support for the board shall be made available by the Office of the City Manager. (e) City Manager's Response: The City Manager shall provide written response to both parties and the members of the board on the resolution of the grievance. If the City Manager disagrees with any recommendation of the Board, his written response shall indicate strong and compelling reason(s) for that disagreement. Basis for disagreement may be any one or more of the following: NCPOA MOU 2006-2009 PAGE 46 Article 27 - Employee Grievance Procedure page 47 1. The Board substantially deviated from the hearing procedures. 2. The recommendation is in excess of the remedy sought on the initial grievance submittal. 3. The recommendation is inconsistent with the MOU. 4. The recommendation is inconsistent with the facts as stated in the grievance form and/or the written information provided by the Board. The decision of the City Manager shall be final and not subject to further appeal except for such appeals to the Courts and State or Federal compliance agencies as provided by law. Section 6 Interpretation and Application The Personnel Officer is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Personnel Officer's actions or interpretations, the final authority will be the City Manager. The City Manager's determinations on the application and interpretation of the grievance procedure are final and not subject to further appeal or grievance. NCPOA MOU 2006-2009 PAGE 47 ARTICLE 28 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. Any written policies and procedures or past practices regarding wages hours and working conditions subject to meeting and conferring which are currently in existence and not changed by this MOU, shall not be revised to adversely affect the employees covered by this MOU during the term of the MOU without prior meeting and conferring in good faith with the Association. NCPOA MOU 2006-2009 PAGE 48 ARTICLE 29 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. NCPOA MOU 2006-2009 PAGE 49 ARTICLE 30 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. NCPOA MOU 2006-2009 PAGE 50 ARTICLE 31 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. NCPOA MOU 2006-2009 PAGE 51 ARTICLE 32 TERM OF PROVISIONS This is the entire integrated agreement and it shall be effective July 1, 2006 through June 30, 2009, superseding all conflicting provisions of the previous MOU and past practices. NCPOA MOU 2006-2009 PAGE 52 ARTICLE 33 EMPLOYEE ASSISTANCE PROGRAM The City shall provide an Employee Assistance Program available to all employees in the bargaining unit. A program description shall be developed by the City with the input of the Association and a request for proposals will be circulated. Final selection of the contractor to provide this service shall be made by the City with the input of the Association. Consistent with contract processing requirements of the City, the City shall make every good faith effort to ensure implementation of this program within 90 days of the circulation of the Request for Proposals. NCPOA MOU 2006-2009 PAGE 53 ARTICLE 34 USE OF CITY VEHICLES Section 1 Under normal circumstances, employees,. other than probationary employees, with the following assignments shall be allowed to drive an assigned City vehicle between their residence and their work station: (A) Motorcycle Officers (B) Officers assigned to the canine program (C) The Detective Lieutenant (D) The Detective Sergeant assigned to Crimes Against Person (E) The Detective whose primary assignment is to Homicide Investigation (F) Crimes of Violence Investigator (G) Crimes of Property Investigator (H) Other employees on a temporary basis when it is determined by the Chief to best meet the interests of the department Section 2 The City will provide marked take home cars to sworn employees who live in National City, except for those POA members who can take home cars under Section 1 above. Should the number of eligible employees exceed the number of marked patrol vehicles available for this purpose, the distribution of vehicles would be based upon employee seniority. The City maintains the right to rescind this program at any time. Section 3 Except as specifically provided in this Article, no employees represented by the POA will be allowed to take home cars. NCPOA MOU 2006-2009 PAGE 54 ARTICLE 35 DEFINITIONS Unless the particular provision or the context otherwise requires the definitions and provisions contained in this article shall govern the construction, meaning and applications of words and phrases used in this Memorandum of Understanding. ADVANCEMENT - Shall mean a salary increase within range of compensation provided for each position, which is conditioned upon a given minimum term of meritorious service in the same position and which is made without examination. ANNIVERSARY DATE - Shall mean the date that the employee completes twelve (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 Officers' 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 Services System and the Rules of the Civil Service Commission. COMPENSATION - Shall mean any salary, wage, fee, allowance or other emolument paid to an employee for performing the duties and exercising the responsibilities of a position. 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. NCPOA M0U 2006-2009 PAGE 55 Article 35 - Definitions page 56 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 land ending June 30. IMMEDIATE FAMILY - For the purpose of family care under Article 9 of this MOU, shall mean any person living in the same household as the employee who is related by blood, marriage or adoption and shall include children of the employee, children of the employee's spouse, if living in the employee's household, the employee's spouse, if living in the employee's household, as well as the employee's grandparents (grandparents and children of employee whether or not residing in the employee's household). For purposes of memorial observance, under Article 9 of this MOU, immediate family shall include the individuals listed above for family care and also include the following whether or not living in the same household as the employee: parents or siblings of the employee, 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. NCPOA MOU 2006-2009 PAGE 56 Article 35 - Definitions page 57 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. 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 fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-employment list or an eligible list. SALARY RANGE - Shall mean one or more, but commonly five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. NCPOA MOU 2006-2009 PAGE 57 Article 35 - Definitions page 58 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. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non- permanent nature on a provisional basis. NCPOA MOU 2006-2009 PAGE 58 RESOLUTION NO. 2006 — 268 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND THE CITY OF NATIONAL CITY FOR THE PERIOD OF JULY 1, 2006 THROUGH JUNE 30, 2009 WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the Police Officers' Association has resulted in an agreement for a Memorandum of Understanding for the period of July 1, 2006 through June 30, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Memorandum of Understanding between the Police Officers' Association and the City of National for the period of July 1, 2006 through June 30, 2009. A copy of said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2006— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL CITY POLICE OFFICERS ASSOCIATION AND THE CITY OF NATIONAL CITY FOR THE PERIOD OF JULY 1, 2006 THROUGH JUNE 30, 2009 WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the Police Officers' Association has resulted in an agreement for a Memorandum of Understanding for the period of July 1, 2006 through June 30, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby approve the Memorandum of Understanding between the Police Officers' Association and the City of National for the period of July 1, 2006 through June 30, 2009. A copy of said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of December, 2006. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney