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Home My WebLink AboutPOA MOU Sept 1 1994 through June 30 1997CITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY POLICE OFFICERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FOR SEPTEMBER 1, 1994 - JUNE 30, 1997 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: SEPTEMBER 1, 1994 THROUGH JUNE 30, 1997 The City Council of the City of National City and its representative have met with the representatives of the National City Police Officers' Association, an organization representing employees of the City of National City, pursuant to a mediation process; and As a result of said mediation process, 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 by Resolution No. 9 5 - 6 7 on May 16 , 1995. For the CITY: DANIEL CASSIDY Chief Spokesperson GEORGE H. ' ATERS RON MO' 'd SON Vice -Mayor MITCH BEAUCHAMP Council , -mber LPH I ► ZA Council ember ROSAL ZARATE Council member For the NCPOA: EVERETT L. BOBBITT Chief Spokesperson Representative MICHAEL LGLESS Representative DATE 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 8 Article 6 Maternity Leave/Paternity Leave 9 Article 7 Court Leave 10 Article 8 Sick Leave With Pay 11 Article 9 Special Leave With Pay 15 Article 10 The Compensation Plan 16 Article 11 Pay Differential 18 Article 12 Overtime 19 Article 13 Compensatory Time Off 21 Article 14 Educational Incentive Pay 22 Article 15 Longevity Pay 24 Article 16 Employee & Dependent Health Insurance 25 Article 17 Employee & Dependent Dental Insurance 26 Article 18 Employee Life Insurance 27 Article 19 Public Employees' Retirement System 28 Article 20 Management Rights 29 Article 21 Long Term Disability Insurance 30 Article 22 Uniform Allowance 31 Article 23 Salaries 32 Salary Schedule 32A Article 24 Association Rights 33 Article 25 Employee Rights 35 Article 26 Work Week/Day 37 Article 27 P.O.S.T. Training 38 Article 28 Employee Grievance Procedure 39 Article 29 Continuation of Wages, Hours And Working Conditions 47 Article 30 Agreement, Modification, Waiver 48 Article 31 Obligation To Support 49 Article 32 Provisions of Law 50 Article 33 Term of Provisions 51 Article 34 Employee Assistance Program 52 Article 35 Use Of City Vehicles 53 Article 36 Definitions 54 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. -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: (A) SWORN POSITIONS: Police Lieutenant Police Sergeant Senior Police Officer Police Officer (B) NON -SWORN POSITIONS: Police Recruit Animal Control Officer Police Dispatcher/Matron Supervising Police Dispatcher 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 7.08 hrs. per pay period of service 131-390 pay periods 8.61 hrs. per pay period of service over 390 pay periods 10.15 hrs. per pay period of service It is recognized that this accrual includes eight (8) hours credit for each of the following holidays: New Year's Day Martin Luther King's Birthday Lincoln's Birthday Washington's Birthday Memorial Day Independence Day Labor Day Admission Day Columbus Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day Christmas Day It is further recognized that this provision shall not limit any additional future benefits applicable to the above mentioned holidays and that any such future benefits or compensation shall be granted. Section 3 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 -3- Article 3 - Vacation and Holiday Leave/Furlough Leave Page 4 Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees' annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 4 Vacation Schedules 1. Vacation schedules shall be arranged by the Department Head, taking into account the needs of the Department, the needs and wishes of the employee and the employees seniority. 2. An employee may take earned vacation in any increment of one (1) hour or more with the consent of the Department Head. Section 5 Terminal Vacation And Holiday Leave Pay Consistent with the provisions of this MOU, upon termination of employment for any cause, an employee shall be entitled to pay in lieu for the number of accumulated vacation and holiday leave credited to the employees' account under the provisions of this section. All leave available upon completion of an employees last day of work shall be a lump sum payment termed "terminal vacation and holiday pay". Section 6 Terminal Vacation And Holiday Leave In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end of said period. Section 7 Holidays Occurring On Normal Work Day, During Sick Leave Or Annual Leave Or On A Weekend In the event an employee is required to work on a non -floating holiday, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate in addition to being granted vacation credits consistent with Section 2 of this article. If a non -floating holiday falls on the employee's regular day off and the employee is not required to work, such employee shall be granted vacation credits consistent with Section 2 of this article. If a holiday falls on Saturday, the preceding Friday will be observed as a holiday. If the holiday falls on Sunday, the next following Monday will be observed as a holiday. Article 3 - Vacation and Holiday Leave/Furlough Leave Page 5 In the event that an employee is required to work on a non -floating holiday as part of his/her normal work schedule, in addition to being paid for the holiday the employee shall receive overtime pay consistent with Article 12 of these articles. For the purposes of this Article, the following are considered "non -floating" holidays: New Year's Day - January 1st Memorial Day - 4th Monday in May Independence Day - July 4th Labor Day - 1st Monday in September Thanksgiving Day - 4th Thursday in November Day After Thanksgiving Christmas Day - December 25th Section 8 Vacation Sell Back Employees using a minimum of 80 hours of vacation during the calendar year, may convert a minimum of 40 hours and a maximum of 80 hours of their remaining annual vacation to pay. Remaining yearly vacation not converted to pay shall be carried over and accumulated to the maximum allowable accrual. Employees must submit a written request to the Finance Department to sell back accrued vacation prior to the start of the first pay period in December and will be paid at the end of the first pay period in December each year. Section 9 Settlement Agreement -Vacation 1. Vacation A. Upon the adoption of the agreement by the Council and until a successor contract is adopted for fiscal year 1997-98, the vacation sell -back provisions shall be suspended. B. If a successor agreement has not been adopted prior to July 1997, the vacation accumulation limit of 3 times the annual accrual shall be suspended until January 1, 1999 or until the Council acts to adopt a successor agreement or resolve an impasse. When the maximum vacation accumulation is re -instated, accrual shall discontinue until the employee is below the maximum. C. If a successor agreement has not been adopted or the Council has not acted to resolve an impasse by December 1, 1998, each employee may elect to sell back the excess vacation hours over the maximum accumulation for cash in December, 1998, provided the employee has met the eligibility requirements for the sell back program as provided in the 1991-92 MOU. Article 3 - Vacation and Holiday Leave/Furlough Leave Page 6 D. The Council firmly supports the purpose of vacation as time away from work to refresh the mental and physical well-being of its employees, to relieve stress, and to promote family and community interrelationships. The Council intends to promote and maximize this concept in future dealings with all employees and through effective management. 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. ARTICLE 4 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Consistent with the provisions of this MOU, employees shall be entitled to holidays and annual vacation and shall be allowed sick, injury, emergency and special leaves of absence. Section 2 Requests For Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and, except as provided in the case of Compulsory Leave, Court Leave and Special Meetings, must meet the approval of the Department Head. Section 3 Leave Approval Except in the case of sick, emergency or military leave, the time during which any leave of absence shall be taken by an employee shall be designated by the Department Head, and the request for such leave, signed by the employee and the Department Head, should be forwarded to the Personnel Office at least one (1) week in advance of the beginning date of the leave requested. Section 4 Leave Of Absence - Commencement And Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave Of Absence - Failure To Report Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect, a resignation; provided, however, the Department Head may in his/her discretion cancel such separation if circumstances warrant such cancellation. -7- Article 4 - Leave Eligibility And Procedure Page 8 Section 6 Leaves of absence must contain a time certain for termination of the leave and the reason for granting the leave. A copy of a written order granting a leave of absence must be filed with the Department Head and the Personnel Department. ARTICLE 5 MILITARY LEAVE In addition to the leaves of absence provided in this Article, City employees who are also members of the armed services or militia or organized reserves of this State or Nation, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. 1. The term "military service" as used herein shall signify service on active duty with any branch of service above mentioned, as well as training or education under the supervision of the United States preliminary to induction into the military service. 2. The terms "active service" or "active duty" shall include the period during which such employee while in military service is absent from duty on account of sickness, wounds, leave or other lawful cause. 3. No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss or diminution of vacation, holiday, insurance, pension, retirement or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re- appointment of re-employment. 4. When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employees absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re-employment within 90 days after being relieved from such military service. 5. During absence on military leave, any employee in the Classified Service who has been employed continuously by the City for a period of not less than one (1) year prior to the date upon which such absence begins, shall receive his regular salary for a period not to exceed 30 calendar days in any one fiscal year. All services of said employee in the recognized military service shall be counted as employment with the City. -8- ARTICLE 6 MATERNITY LEAVE/PATERNITY LEAVE Section 1 A female employee may receive a maternity leave without pay for purposes of childbirth and for infant care. Consistent with the provisions of this MOU, earned sick leave and thereafter vacation may be utilized in conjunction with such leave. The first 240 hours of such sick leave usage does not require doctor's or other verification of disability. Any such usage beyond 240 hours does require verification. Section 2 A male employee may receive paternity leave without pay for purpose of assisting in the care of his newborn child and his wife. Consistent with the provisions of this MOU, special leave (as defined in Article 9) up to a maximum of 40 hours and thereafter vacation may be utilized in conjunction with such leave. Section 3 An employee on maternity leave approved by the department head shall be guaranteed her job back or a comparable one if she returns on the date specified on the leave approval. -9- 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 appointing authority and the Personnel Officer. The employee shall receive full pay for the time he serves on court duty, provided the money received as a juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms. -10- 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 because of: 1. Illness, injury or exposure to a contagious disease suffered by an employee. 2. The incapacity of the employee while on a scheduled vacation as defined in Section 7 of this Article. 3. The absence of an employee for authorized medical or dental care. Section 2 Sick Leave Accumulation 1. Each full-time permanent or probationary employee covered by this Memorandum of Understanding shall be entitled to accumulate sick leave at a rate of 3.69 hours per biweekly pay period if he/she has been on paid status at least half the regularly scheduled work days in that month. 2. Unused sick leave shall be accumulative in an unlimited amount. Section 3 Limitation On Time Chargeable To Sick Leave A. No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: 1. Disability arising from any sickness or injury purposely self-inflicted. 2. Disability arising from any sickness or injury caused by willful misconduct. 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. -11- Article 8 - Sick Leave With Pay Page 12 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. Article 8 - Sick Leave With Pay Page 13 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 as provided under Article 20 of this MOU. 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. 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 after July 1, 1979 shall not be entitled to sick leave payoff upon retirement. Section 9 Evidence Of Cause Of Absence In all cases of absence due to sickness or injury of the employee; illness, injury or death in the employee's immediate family, the employee may be required to furnish the Department Head evidence substantiating the request for such leave. Failure to furnish such evidence upon request shall be sufficient reason to deny the leave of absence with pay. Section 10 Sick Leave Incentive Pay 1. Employees using four (4) days of sick leave or less during the fiscal year may convert 25 % of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. 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 four (4) day eligibility limit on sick leave usage. Article 8 - Sick Leave With Pay Page 14 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 . 40 Hour Work Week 12 days (96 hours) 11 days (88 hours) 10 days (80 hours) 9 days (72 hours) 8 days (64 hours) 7 days (56 hours or less) Pay Incentive (25%) 40 Hour Work Week 3 days (24 hours) 2 days, 6 hours (22 hours) 2 days, 4 hours (20 hours) 2 days, 2 hours ( 8 hours) 2 days (16 hours) 0 days (EXAMPLE: Employee has 11 days, 5 hours remaining yearly sick leave; therefore, 93 hours x .25 = 23.25 hours = 23 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 4 days sick leave. He then receives pay for 25% of remaining days or 2 days. The two (2) days are subtracted from his remaining yearly sick leave and the other 6 days are added to the employee's total accumulated sick leave balance). 4. Payment will be made during the month of July each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. 5. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on payroll June 30. 6. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their formal separation date. ARTICLE 9 SPECIAL LEAVE WITH PAY Section 1 Intent The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with emergency illness, injury or death in said employees immediate family*. Consistent with provisions of this MOU, an employee who is eligible for sick leave with pay as defined in Article 8 of this MOU, shall be granted special emergency leave with pay by the Department Head to be charged against the employee's sick leave accumulation. Section 2 Special Leave Defined Special leave is defined as anything that cannot be anticipated or planned necessitating absence from duty of an employee because of emergency illness or injury of a member of the immediate family requiring the attendance of an employee upon said family member until professional or other attendance can be obtained, or the absence from duty of an employee to discharge the customary obligations arising from a death of a member of the employee's immediate family. Section 3 Limitation Special leave with pay granted pursuant to this Article and Article 6 shall be limited to a maximum of 40 hours annually. This maximum includes paternity leave usage as defined in Article 6 herein. Up to eight (8) hours of the 40 hour maximum may be utilized for emergency care of any minor children of the employee not residing in the employees household. Immediate family is defined in Article 36 Special leave with pay must be approved by the Department Head or his designee consistent with the provisions of this Article. -15- 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. -16- Article 10 - The Compensation Plan Page 17 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. 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 at least 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. 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. Section 2 Those employees classified as Police Officer or Police Sergeant and assigned Police Dog/Animal Handler duty on a permanent basis shall receive a pay differential of $150 per month for the duration of said assignment. Section 3 Those employees classified as Police Officer and assigned motorcycle duty on a permanent basis shall receive a pay differential of $123 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 of $40 per month. Subject to the requirements of this subsection, payment of the bilingual differential shall be limited to a maximum of 25 employees at any given time. -18- ARTICLE 12 OVERTIME 1. The smallest unit of time credited as overtime as an extension of shift shall be 30 minutes. An extension of shift that is less than 30 minutes shall be disregarded and not accumulated. 2. Overtime credit must be for work specifically ordered, 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 compensatory time off. (a) Overtime shall be paid for work in excess of 80 hours in a biweekly pay period. (b) Overtime shall be paid for hours worked beyond the officer's regularly scheduled full-time shift. 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 three (3) 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. -19- Article 12 - Overtime Page 20 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. 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 80 hours. Said hours of comp time shall be converted to the equivalent of straight time hours (i.e., one hour of overtime equals one and one half hours comp time). Section 2 When an employee's employment terminates for any reason, all comp time shall be paid to said employee at the employee's current rate of pay. Section 3 An employee may use his comp time to extend his regular vacation period with the approval of the Department Head. Section 4 Along with other rights reserved to management, the right of management to make changes in prior practices to more effectively and efficiently carryout the requirements of the Federal Fair Labor Standards Act is recognized subject to the following limitations: (a) No changes shall be inconsistent with the other provisions of this article except as required by law; and (b) The Association shall be notified in writing of such changes and such notification 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. -21- 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 H $6000 per month compensation ......................... . ......................... LEVEL III $100.00I per month'. compensation 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 GENERAL REQUIREMENTS 1. Completion of the 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. 4. Degrees of AA, AS, BA, BS, MA, MS, LLB or JD must be formally awarded degrees in a field closely related to law enforcement. "Closely related to law enforcement" is defined as: A formal course of academic study in a discipline directly related to municipal law enforcement which by virtue of having completed the prescribed courses of study, an individual would reasonably be expected to have acquired skills that would make the individual a better Police Officer. Examples of a closely related field are: Police Administration, Criminal Justice Administration, Law Enforcement Administration, Public Administration and Jurisprudence. The City Manager will make the final determination as to a program "relatedness" to law enforcement. The institution conferring the degree must be accredited by the California Department of Health, Education and Welfare or any successor agency/department. 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. -22- Article 14 - Educational Incentive Pay Page 23 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 twelve (12) units per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. 3. The reimbursement may be used to cover the costs of tuition, registration and books at a local community or state college or university. 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. 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 five (5) years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month; (c) After 15 years of continuous and uninterrupted service the sum of $20.00 per month; (d) After 20 years of continuous and uninterrupted service the sum of $25.00 per month; (e) After 25 years of continuous and uninterrupted service the sum of $30.00 per month, which shall be the maximum payable. Vacations, sick leave, military leave and absence authorized by the City Council of National City shall not be considered as interruption of service. In the event an 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. -24- ARTICLE 16 EMPLOYEE AND DEPENDENT HEALTH INSURANCE Section 1 Health Coverage As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health insurance 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 which meet the requirements of the Health Maintenance Act of 1973. The City will provide up to $260.98 per month, per employee to provide this benefit for the employee and his/her eligible dependents. During the life of this agreement, the City shall maintain a contribution rate to the employee's health insurance premium for 100% city -paid coverage for employee only; 80% city -paid coverage for employee and one dependent; and 60% city -paid coverage for employee and two or more dependents for the city sponsored health plan (Kaiser or Health Net) of the employee's choice. The maximum monthly dollar contribution by the City to the health plan that is in effect on June 30, 1997, shall continue until the Council acts to adopt a successor agreement or resolve an impasse. In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. Section 2 Money In Lieu Of Dependent Coverage An employee may elect to receive an amount equivalent to the City's contribution minus the cost of coverage for the employee alone, as cash in lieu of dependents health insurance program. -25- ARTICLE 17 EMPLOYEE AND DEPENDENT DENTAL INSURANCE As a benefit to all full-time employees covered by this Memorandum of Understanding, the City will provide a group dental insurance plan. The program will be available for the employee and all dependents. The benefits and limitations of the Dental Insurance Program are to be designed cooperatively by the Association, insurance carrier and the City. The City will provide up to $14.02 per month, per employee to provide this benefit. In the event the cost of providing Employee and Dependent Dental Insurance exceeds the established City contribution, the employee must pay the excess amount. -26- ARTICLE 18 EMPLOYEE LIFE INSURANCE As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed cooperatively by the Association, insurance carrier and the City. The City will provide up to $5.00 per month, per employee to provide this benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, the employee must pay the excess amount. -27- ARTICLE 19 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 the benefits as indicated in the July 16, 1983 amendment to contract between the Board of Administration of PERS and the City Council. Section 2 Effective July 1, 1989, the City's contributions for safety employee's share of the cost of the Public Employees' Retirement System shall increase from seven percent (7%) to nine percent (9%). Effective that date the full cost of the retirement program shall be paid by the City for all eligible employees. Section 3 The City shall pay the cost of implementing the following improvements in benefits: (a) Third level of 1959 Survivor Benefit (Section 21382.4) (b) Credit for Unused Sick Leave (Section 20862.4) These benefit improvements will be implemented as soon as all requirements of the Public Employees' Retirement System are complied with. Section 4 Effective January 1, 1992, or as soon as reasonably possible, the City shall contract for, at its cost, the PERS "Single Highest Year" option. -28- ARTICLE 20 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. -29- ARTICLE 21 LONG TERM DISABILITY INSURANCE The City will provide Long Term Disability Insurance to all employees covered by this MOU. The City will provide up to $20.00 per month, per employee to provide this benefit. In the event the cost of providing Long Term Disability Insurance exceeds the established City contribution, the employee must pay the excess amount. -30- ARTICLE 22 UNIFORM ALLOWANCE Section 1 The City shall provide the following amounts for each employee covered by this MOU to be applied towards the purchase and maintenance of prescribed uniforms: (A) $450per year: Police Lieutenant, Police Officer, Police Recruit, Police Sergeant and Senior Police Officer (B) $300 per year: Animal Control Officer Police Dispatcher/Matron Section 2 In addition to the above the City shall provide each new employee appointed to a position listed in Section 1A above $350 toward the initial purchase of prescribed uniforms. Section 3 The City shall provide each sworn employee a flat badge and shall reimburse current employees who previously purchased a flat badge reimbursement up to the City's cost per badge. -31- ARTICLE 23 SALARIES Section 1 Salary Adjustments For All Classes (A) Provided revenue levels as stated in the MOUs with other bargaining groups are realized, employees shall receive a 3%, 2% or 1% increase on September 12, 1995, conditioned on the following: That the City's General Fund projected revenue for fiscal year 1995-96 does not fall below $16,800,000 as a result of State, County of Federal action or other cause, and such fact is known by the City prior to September, 1995. This figure represents the amount the City must see in its anticipated revenue prior to September 15, 1995 in order to afford a 3% raise for employees. Salaries will be increased by 2% if anticipated revenues only reach $16,700,000. Salaries will be increased by 1% if anticipated revenues only reach $16,600,000. (B) Further, that the City's projected sales and use tax figure for the fiscal year 1995-96 not fall below $8 million, also to be determined on or about September, 1995. For purposes of comparison, the following figures are noted: FISCAL YEAR>: 001 GENERAL FUND ESTIMATED REVENUES FOR THAT FY 001 GENERAL FUND 3010 ESTIMATED SALES & USE ? TAXES FOR THAT FY* 1989-90 16,208,910 9,600,000 1990-91 1991-92 17,406,790 16,331,950 10,010,000 9,300,000 1992-93 16,688,850 8,700,000 1993-94 15,555,750 8,000,000 * These figures do not include the sales tax generated by and debt service paid for Plaza Bonita. (C) On July 2, 1996, employees shall receive a 5% salary increase. (D) (E) On June 30, 1997, employees shall receive all or any portion of the 3% salary increase not given on September 12, 1995. In negotiations for 1997-98, salaries and monetary benefit increases shall be no less than those given to the other bargaining groups. -32- Article 23 - Salaries Page 33 (F) Each member represented by the Police Officers' Association who was continuously employed by the City of National City from September 1, 1993, until the formal adoption of this agreement by the City Council shall receive a one time payment of $1,500 less mandatory reductions. Section 2 Salary Schedule The City shall provide on a timely basis each year a copy of the official salary schedule developed by the Finance Department. ARTICLE 24 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; -34- Article 24 - Association Rights Page 35 3. Preparing and presenting material for any legitimate Employer -Employee relations matter for which representation is granted pursuant to existing law. Section 5 Subject to the needs of the department and the approval of the Chief of Police, designated employee representatives shall be allowed reasonable release time from regularly scheduled duties to present grievances and material for Disciplinary Hearing on behalf of the affected employee if said employee requests said assistance and to meet with City management representatives relative to matters of Employer -Employee relations. ARTICLE 25 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 aid. The employee's immediate supervisor may maintain files with information that is kept for a maximum of 12 months during ongoing investigation or in preparation for an employee performance appraisal report. However, at such -36- Article 25 - Employee Rights Page 37 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. 7. Whenever an employee desires to represent himself/herself in consulting with City management during his/her regular hours of work, he/she shall first request from his/her department head permission to take time off to do so. Said request shall be granted unless the needs of the City or Department are such that the employees services cannot be spared during the particular time requested. In such case the employee shall be permitted to re- schedule his/her appointment with City management. 8. When imposing discipline, the Department Head or his designee shall specify the period of time, from six (6) months to five (5) years that said discipline will remain in the affected employee's personnel file. At the end of said period of time, the disciplinary action shall be removed from the employee's file provided that no ensuing similar discipline has been imposed. Consistent with the above provisions, all materials of this nature more than five (5) years old shall be removed from employees' personnel files. ARTICLE 26 WORK WEEK/DAY 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. -38- ARTICLE 27 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. -38- ARTICLE 28 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. -39- Article 28 - Employee Grievance Procedure Page 40 (E) Department Head or Head of a Department: The chief executive officer of a department. (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. (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. Article 28 - Employee Grievance Procedure Page 41 (B) 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). 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; Article 28 - Employee Grievance Procedure Page 42 (E) 4. The relief sought; 5. The representative of the grievant (if applicable). 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 any of 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. Article 28 - Employee Grievance Procedure Page 43 (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. (L) (M) 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. 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 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. Article 28 - Employee Grievance Procedure Page 44 STEP IV Hearing: (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. (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 cancelled 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. Article 28 - Employee Grievance Procedure Page 45 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. 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. Article 28 - Employee Grievance Procedure Page 46 (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: 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. Section 7 Implementation Grievances which have been formally filed and were in the review process on July 1, 1984, may be re -submitted for consideration under this Grievance Procedure. ARTICLE 29 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. -47- ARTICLE 30 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. -48- ARTICLE 31 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. -49- ARTICLE 32 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. -50- ARTICLE 33 TERM OF PROVISIONS This is the entire agreement and it shall be effective September 1, 1994 through June 30, 1997 superseding all conflicting provisions of the previous MOU and past practices. All other provisions of the 1991-92 MOU will remain in effect until the Council acts to adopt a successor agreement or resolve an impasse. -51- ARTICLE 34 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. -52- ARTICLE 35 USE OF CITY VEHICLES Section 1 Under normal circumstances, 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 -53- ARTICLE 36 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. -54- Article 36 - Definitions Page 55 CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation and applies to the time a person has been employed on a permanent basis or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - Shall mean the appointment of an employee holding position in one class to a position in another class having lower maximum salary rate; movement to a lower step within the same class; or for employees covered by the State Government Code Section 3300-311 (Police Officers' Bill of Rights), loss of special assignment pay. DEPARTMENT - Shall mean the Police Department. DEPARTMENT HEAD - Shall mean the Chief of Police or his designee EMPLOYEE - Shall mean a person who is legally an incumbent of position in the Classified Service or who is on authorized leave of absence from such a position with the right to return to his position. FISCAL YEAR - Shall mean a twelve (12) month period beginning July 1 and ending June 30. IMMEDIATE FAMILY - For the purpose of family care shall mean any person living in the same household as the employee who is related by blood, marriage or adoption. For purposes of memorial observance shall mean parents or siblings of the employee, children of employee not living in the same household and the parents and children of the employee's spouse. INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, non -disciplinary separation of an employee from a position resulting from lack of work, lack of funds or abolishment of a position. LEAVE - Shall mean an approved type of absence from work as provided for by these Rules. PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION - Shall mean a specific office or classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part-time or full- time basis. PERMANENT STATUS - Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. Article 36 - Definitions Page 56 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. 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. RESOLUTION NO, 9 5 - 6 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A 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 PERIOD SEPTEMBER 1, 1994 THROUGH JUNE 30, 1997, AND AUTHORIZING SETTLEMENT OF THE LITIGATION ENTITLED NATIONAL CITY POLICE OFFICERS' ASSOCIATION, ET AL. V. CITY OF NATIONAL CITY, ET AL. WHEREAS, the City Council of the City of National City and its representative have met with the representatives of the National City Police Officers' Association, an organization representing employees of the City of National City, pursuant to a mediation process; and WHEREAS, as a result of said mediation process, agreement has been reached on terms and conditions of employment as applied to those employees who are members of and represented by the Association; and WHEREAS, the City and the Association desire to settle the pending lawsuit to which they are parties, entitled National City Police Officer's Association. et al. v. City of National City. et al.; and WHEREAS, in order to settle said lawsuit, the City is willing to make a one-time payment of $1,500 to each sworn member represented by the Police Officers' Association who was continuously employed by the City of National City from September 1, 1993 until the date of adoption of this Resolution and to reimburse the Association for its attorney's fees incurred in the amount of $34,027.50, and for its court costs incurred in the amount of $2,341.43, and the Association is willing to dismiss its lawsuit, Superior Court Case No. 667762, with prejudice. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Council does hereby approve the 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 period September 1, 1994 through June 30, 1997. Said Memorandum of Understand- ing is on file in the Office of the City Clerk. Resolution No. 95-67 Page 2 of 2 BE IT FURTHER RESOLVED that the City Council authorizes settlement of the litigation entitled National City Police Officers' Association. et al. v. City of National City. et al., Superior Court Case No. 667762, by making a one-time payment of $1,500 to each sworn member represented by the Peace Officers' Association who was continuously employed by the City of National City from September 1, 1993 until the date of adoption of this Resolution, and by payment to the Association of $34,027.50 in attorney's fees and $2,341.43 in costs, in consideration for the dismissal of said lawsuit with prejudice by the Association. PASSED and ADOPTED this 16th day of May, 1995. George H. 7aters, Mayor ATTEST: Lo Anne eoples, City Jerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on May 16, 1995 by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters. Nays: None Absent:: None Abstain: None AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California City lerk of the City of National ity, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 95-67 of the City of National City, California, passed and adopted by the Council of said City on May 16, 1995. City Clerk of the City of National City, California By: Deputy airy of National City, California COUNCIL AGENDA STATEMENT MEETING DATE? Y 16, 1995 AGENDA ITEM NO. 5 I ITEM TITLE Resolution Approving a Memorandum of Understanding Concerning Wages and Other Terms and Conditions of Employment Between the City and the NCPOA for the period September 1, 1994 through June 30, 1997, and Authorizing Settlement of the Litigation Entitled National City Police Officers' Association. et al. v. City of PR! AR�7otial C et al. DEPARTMENT George H. Eiser, III City Attorney EXPLANATION. As a result of the mediation sessions held in February and March between the City Council and members of the Police Officers' Association, agreement was reached on a three-year Memorandum of Understanding (MOU), which changes the previous MOU in some respects. The MOU has been reduced to writing in language acceptable to all parties. Also as a result of the mediation process, agreement was reached on resolution of the lawsuit presently pending between the parties (National City Police Officers' Association, et al. v. City of National City, et al.). Pursuant to the Agreement, the City will make a one-time payment of $1,500 to each sworn member represented by the Police Officers' Association who was continuously employed by the City from September 1, 1993 until the present, and will reimburse the Association $34,027.50 in attorney's fees, and $2,341.43 in court costs. The Association will dismiss its lawsuit "with prejudice" (the suit cannot be re -filed). Attached is a summary of the issues which were agreed upon to settle the lawsuit and to arrive at mutually acceptable language for the MOU. Environmental Review X N/A Financial Statement Funds are available; cost to City is approximately $110,000. Account No. 627-414-000-432 STAFF RECOMMENDATION Adopt resolution BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 95-67 —resolution Letter from Association Attorney dated March 23, 1995, with attachments Letter from City Attorney dated March 27, 1995 Agreement for Settlement of Lawsuit A-20D (Rev. 9/80)