HomeMy WebLinkAboutPOA MOU July 1 2011 through June 30 2014CITY OF NATIONAL CITY
NA
INCOR1ORAT"
MEMORANDUM
OF
UNDERSTANDING
BETWEEN
CITY OF NATIONAL CITY
CALIFORNIA
and
NATIONAL CITY
POLICE OFFICERS' ASSOCIATION
AGREEMENT PERIOD
JULY 1, 2011 - JUNE 30, 2014
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, 2011 — JUNE 30, 2014
The representatives of the City Manager of the City of National City, 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 6, 2011, by Resolution No. 2011-260.
For the CITY:
CHRIS ZAP
City Manage
CLAUDIA S
City Attorney
LESLIE DEESE
Assistant City Mai
MANUEL RODRIGUEZ
Assistant Chief of Police
For the NCPOA:
BRAD FIELDS
Chief Negotiator
President NCPOA
DENNIS LEACH
NCPOA Representative
4/196.:141Q
BILL PHI IPS
NCPOA Representative
LES
NCPOA Re. cscntative
STEVE SHEPHARD
NCPOA Representative
WADE WALTERS
NCPOA Representative
TABLE OF CONTENTS
ARTICLE 1 - IMPLEMENTATION 4
ARTICLE 2 - RECOGNITION 5
ARTICLE 3 - VACATION AND HOLIDAY LEAVE/FURLOUGH LEAVE 6
ARTICLE 4 - LEAVE ELIGIBILITY AND PROCEDURE 9
ARTICLE 5 - MILITARY LEAVE 10
ARTICLE 6 - COURT LEAVE 11
ARTICLE 7 - SICK LEAVE WITH PAY 12
ARTICLE 8 - SPECIAL LEAVE WITH PAY 15
ARTICLE 9 - THE COMPENSATION PLAN 16
ARTICLE 10 - PAY DIFFERENTIAL 18
ARTICLE 11 - OVERTIME 19
ARTICLE 12 - COMPENSATION PLAN 22
ARTICLE 13 - EDUCATION/POST CERTIFICATE INCENTIVE PAY 24
ARTICLE 14 - LONGEVITY PAY 25
ARTICLE 15 - CAFETERIA PLAN FOR HEALTH, DENTAL AND INSURANCE PLANS 26
ARTICLE 16 - EMPLOYEE LIFE INSURANCE 27
ARTICLE 17 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM 28
ARTICLE 18 - MANAGEMENT RIGHTS 29
ARTICLE 19 - LONG TERM DISABILITY INSURANCE 30
ARTICLE 20 - UNIFORM ALLOWANCE 31
ARTICLE 21 - SALARIES 32
ARTICLE 22 - ASSOCIATION RIGHTS 34
ARTICLE 23 - EMPLOYEE RIGHTS 35
ARTICLE 24 - WORK WEEK/DAY 37
ARTICLE 25 - TRAINING 38
ARTICLE 26 - EMPLOYEE GRIEVANCE PROCEDURE 39
ARTICLE 27 - CONTINUATION OF WAGES, HOURS AND WORKING CONDITIONS 45
ARTICLE 28 - AGREEMENT, MODIFICATION, WAIVER 46
ARTICLE 29 - OBLIGATION TO SUPPORT 47
ARTICLE 30 - PROVISIONS OF LAW 48
ARTICLE 31 - TERM OF PROVISIONS 49
ARTICLE 32 - EMPLOYEE ASSISTANCE PROGRAM 50
ARTICLE 33 - USE OF CITY VEHICLES 51
ARTICLE 34 - DEFINITIONS 52
3
NCPOA Agreement July 1, 2011 — June 30, 2014
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.
4
NCPOA Agreement July 1, 2011 — June 30, 2014
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
Police Corporal
Police Officer
Animal Control Officer
(B) 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).
5
NCPOA Agreement July 1, 2011 — June 30, 2014
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 and holiday leave with pay.
Section 2 Accrual Rates
All accrual rates in this section are based on years of service. Employees covered by this Memorandum of
Understanding shall earn vacation and holiday leave as follows:
Date of hire through 5th year anniversary
7.39 hrs. per pay period of service
151 pay period after 5h1 year anniversary to
15 year anniversary
8.92 hrs. per pay period of service
1st pay period after 15 year anniversary
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 and holiday leave with the City based on the total
number of pay periods of consecutive employment the employee had with the two public safety departments
immediately preceding being hired by the City. For example, a lateral with a total of 10 years of consecutive
employment with their current and one prior public safety employer would, upon employment with the City,
accrue 8.92 hours of vacation and holiday 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 l st
Lincoln's Birthday — February 12
Martin Luther King Day — 3`d Monday in Jan
Washington Birthday — 3`d Monday in Feb
Cesar Chavez Day — March 31 st
Columbus Day — 2nd Monday in October
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
6
NCPOA Agreement July 1, 2011 — June 30, 2014
It is further recognized that this provision shall not limit any additional future benefits applicable to the
above mentioned holidays and that any such future benefits or compensation shall be granted.
Section 3 Maximum Vacation Accumulation
An employee may accumulate vacation and holiday leave to a maximum of three (3) times the annual
accrual, and accrual shall stop whenever the employee reaches the maximum.
Section 4 Vacation Schedules
1. Vacation schedules shall be arranged by the Department Head, taking into account the needs of the
Department, the needs and wishes of the employees and the employees' seniority.
2. An employee may take earned vacation in any increment of one (1) hour or more with the consent of the
Department Head.
Section 5 Terminal Vacation and Holiday Leave Pay
Upon termination of employment for any cause, an employee shall be entitled to pay in lieu for the number
of accumulated vacation and holiday leave credited to the employee's account under the provisions of this
section. All leave available upon completion of an employee's last day of work shall be a lump sum
payment termed "terminal vacation and holiday pay".
Section 6 Terminal Vacation and Holiday Leave
In the case of retirement, the employee may elect to place himself/herself on terminal vacation and holiday
leave. In such a case, the employee will use all accumulated vacation and holiday time and retire at the end
of said period.
Section 7 Holidays Occurring on Normal Work Day
In the event an employee is required to work, as determined by the Chief of Police or designee, on a fixed
holiday listed in Section 2 above, hourly compensation shall be based on the overtime rate.
Section 8 Vacation Sell Back
During the term of this agreement, all employees (except Police Recruits) meeting the eligibility criteria
defined below, may convert a minimum of 20 hours and a maximum of 80 hours of their accumulated
vacation and holiday leave time to pay. The City shall attempt to process these requests prior to the
Thanksgiving holiday.
1. Calendar year 2011 — in order to convert accrued vacation hours:
a. Employees must use a minimum of 37 vacation hours during the eligibility period.
b. Employees must submit a written request to the Human Resources Department to convert
vacation hours to pay on or before November 1, 2011.
c. The eligibility period is defined as the first pay period in December to the last pay period
in October.
7
NCPOA Agreement July 1, 2011 — June 30, 2014
Section 8 Vacation Sell Back (continued)
2. Calendar years 2012 and 2013 — in order to convert accrued vacation hours:
a. Employees must use a minimum of 40 vacation hours during the eligibility period.
b. Employees must submit a written request to the Human Resources Department to
convert vacation hours to pay on or before November 1 of each year.
c. The eligibility period is defined as the first pay period in November to the last pay
period in October.
Section 9 Furlough Bank
Current furlough bank hours shall remain in each employee's account until used by the employee as time off
from work with pay. Requests to use furlough hours shall be made and may be approved consistent with
present vacation policies. Furlough bank hours have no cash value and if not used prior to separation shall
be extinguished.
8
NCPOA Agreement July 1, 2011 —June 30, 2014
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.
9
NCPOA Agreement July 1, 2011 — June 30, 2014
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.
10
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 6 - COURT LEAVE
An employee who is required by court order to serve as a juror or as a witness who is not a party to a court
action, or an employee required to attend or testify at court in a lawsuit against the City in which the
employee is a named defendant, shall be granted leave for such purpose upon presentation of proof of the
period of said employee's required attendance to the Police Chief/designee. The employee shall receive full
pay for the time the employee serves on court duty, provided the money received as a juror or witness is
deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made
upon leave of absence forms, and the normal work schedule of an employee on court leave may be adjusted
to accommodate the needs of the department and the employee's particular circumstances.
If the employee makes a court appearance during the morning session and at least part of the afternoon
session, after he/she has just completed working a graveyard shift, and if the employee is scheduled to work
the next succeeding night shift, the employee shall either:
I. Take the succeeding scheduled graveyard shift off with paid compensation at straight time for the
succeeding shift; or
2. With the approval of the on -duty watch commander or shift supervisor, work the succeeding scheduled
graveyard shift and receive time and one-half paid compensation for the actual court appearance time.
11
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 7 - 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. Sickness or injury purposely self-inflicted.
2. Sickness or injury caused by willful misconduct.
3. No paid sick leave shall be granted in excess of the employee's sick leave credit or on an employees
regularly scheduled day off.
B. Absence that is chargeable to sick leave in accordance with this article shall be charged in an amount not
smaller than one (1) hour for the first hour of absence and thereafter, in increments of not less than
fifteen (15) minutes.
12
NCPOA Agreement July 1, 2011 —June 30, 2014
Section 4 Notification
A. In order to receive compensation while on sick leave, the employee shall notify:
1. The immediate supervisor; or
2. The Department Head; or
3. In the event of the unavailability of either, the senior department representative available.
B. Notification shall be made prior to or not later than the beginning of the work day in the employee's
respective department.
C. The Department Head may waive the above requirements if, in his/her opinion, an emergency or other
exceptional circumstances so warrants.
Section 5 Physician's Statement Required
A. When absence is for more than three (3) consecutive working days, the department head shall require
the employee to furnish, at the employee's expense, a certificate or statement from a licensed and
practicing physician, indicating the nature and duration of the employee's incapacity or, if the employee
was not examined by a physician, other adequate evidence. Based upon circumstances of the particular
case and review of previous sick leave usage, the department head may require evidence of incapacity in
cases of shorter periods of absence.
B. The employee shall not be called at home/hospital while on sick leave for the purpose of pressuring the
employee to return to work while still ill or to pressure the employee to perform duties at home/hospital.
This section does not limit the right of a supervisor to contact an employee in order to obtain needed
information about the status of his/her health and expected date of return to work or for a work related
emergency which requires consultation with the employee when other means to rectify the emergency
have been exhausted.
Section 6 Separation from City Service
All accumulated sick leave shall be canceled upon separation of the employee from the City service, except
as set forth in subsection 8 ("Sick Leave Payment Upon Retirement"). However, if separation is due to lay-
off, the employee's accumulated sick leave, up to a maximum of 240 hours shall be restored to him if the
employee is re-employed 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 a doctor's statement or other evidence satisfactory to the
Department Head or his designee.
13
NCPOA Agreement July 1, 2011 — June 30, 2014
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 or 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 or fewer hours of sick leave during the fiscal year may convert 50% of their
remaining accrued sick leave up to a maximum of 50% of an employee's annual rate of accrual (i.e. 50%
of 96 hours). 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) or fewer 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
(EXAMPLE: Employee has 93 hours remaining yearly sick leave; therefore, 93 hours x .5 =
46.5 hours = 47 hours of pay)
3. Payment will be made during the month of August each year. Pay will be computed based on the
employee's salary step on June 30 of the preceding fiscal year.
4. Payment will be made to an employee hired during the fiscal year on a prorated basis provided he/she is
on payroll June 30.
5. Employees who separate during the fiscal year will be compensated on a prorated basis subject to their
formal separation date.
14
NCPOA Agreement July 1, 2011 —June 30, 2014
ARTICLE 8 - SPECIAL LEAVE WITH PAY
Section 1 Intent
The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted
with emergency illness, injuiy or death in said employee's immediate family as defined in Article 35 of this
MOU with regard to family care. Consistent with provisions of this MOU, an employee who is eligible for
sick leave with pay as defined in Article 8 of this MOU, shall be granted special emergency leave with pay
by the Department Head to be charged against the employee's sick leave accumulation.
Section 2 Special Leave Defined
Special leave is defined as anything that cannot be anticipated or planned necessitating absence from duty of
an employee because of emergency, illness or injury of a member of the immediate family requiring the
attendance of an employee upon said immediate family member as defined in Article 35 of this MOU until
professional or other attendance can be obtained, or the absence from duty of an employee to discharge the
customary obligations arising from a death of a member of the employee's immediate family, as defined in
Article 35 of this MOU.
Section 3 Limitation
Special leave with pay granted pursuant to this Article shall be limited to a maximum of 60 hours annually.
Special leave with pay must be approved by the Department Head or his designee consistent with the
provisions of this Article.
15
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 9 - THE COMPENSATION PLAN
Section 1 Salary Advancement
The Compensation Plan has the following characteristics:
1. The salary range for all classifications, except Police Corporal, consists of five (5) steps (A
through E). The salary for Police Corporal is a flat amount approximately five percent (5%)
higher than "E" step for Police Officer.
2. The increase from one step to the next step on each salary range is as indicated in the salary
schedule for Police Department employees 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.
Employees hired prior to July 1, 1981 require six (6) months of satisfactory service to become
eligible for consideration for this salary advancement.
16
NCPOA Agreement July 1, 2011 —June 30, 2014
Section 2 Salary Steps (continued)
4. The fourth salary step (Step "D"), twelve (12) months of satisfactory service at Step "C" shall
make an employee eligible consistent with Section 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.
17
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 10 - PAY DIFFERENTIAL
Section 1
Effective the first full pay period following Council approval of this MOU, Police Liaison pay differential of
$123 per month is eliminated.
Section 2
Those employees classified as Police Officer, Police Corporal or Police Sergeant and assigned Police
Service Dog Handler duty on a permanent basis shall receive a specialty pay differential of 4% of base
salary per month for the duration of said assignment.
Section 3
Those employees classified as Police Officer, Police Corporal or Sergeant and assigned motorcycle duty on
a permanent basis shall receive a specialty pay differential of 4% of base salary per month for the duration
of said assignment.
Section 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 specialty pay differential of 3% of their base
salary for each shift in which a police officer is assigned a trainee and is required to write an evaluation of
the trainee's performance.
Section 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.
Section 7
Effective the first full pay period following Council approval of this MOU, corporals assigned by Command
Staff to work a full shift or more as an acting sergeant shall receive an additional 3% of base pay for the
hours worked as an acting sergeant. This provision shall not preclude a Corporal being eligible for any
greater acting pay benefit that may be provided by Department policy or a City-wide rule, in which case the
greater benefit shall apply instead of, but not in addition to, the benefit provided under this provision.
18
NCPOA Agreement July 1, 2011 —June 30, 2014
ARTICLE 11- 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) The 14-day FLSA work period shall coincide with the bi-weekly pay period. Though the City is
only required to pay FLSA overtime for hours actually worked over eighty-three (83) in a bi-
weekly pay period, the City under this MOU agrees to pay overtime 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 the round trip mileage of the shorter of
either the mileage between the Police Station and the location to which said employee is subpoenaed, or
the actual mileage said employee travels round trip between the employee's home 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
NCPOA Agreement July 1, 2011 —June 30, 2014
(c) Those employees classified as Police Officer, Police Corporal or Police Sergeant and assigned
Motorcycle duty on a regular basis shall receive two hours paid at an overtime rate per week (4
hours per pay period) to compensate them for the time outside their regular schedule necessary to
clean their assigned motorcycles.
(d) Those employees classified as Police Officer, Police Corporal or Police Sergeant who are assigned
Police Canine duty on a regular basis shall receive three and one-half (3.5) hours paid at an
overtime rate per week (7 hours per pay period) to compensate them for the routine care and
maintenance of their assigned canine. Care and maintenance includes routine off -duty care and
maintenance of the canine (feeding, watering, exercising, grooming, administering any
medication), the take home police vehicle and the facilities used to house the canine, including
routine daily obedience training for their canine. 3.5 hours represents a good faith estimate of the
City and POA of the average time required to perform these duties.
Periodic duties, such as taking the canine to the veterinarian, the purchase of dog food or supplies,
more extensive cleaning of the police vehicle, repairs to the police vehicle, repairs to the
construction of the facilities used to house the canine, and the time spent with the City's Canine
Trainer, are not considered to be routine care and maintenance activities, and are not intended to
be compensated by this Section. All such periodic duties shall be performed during the Police
Canine Handler's assigned shift. Any need for overtime beyond the 3.5 hours per week and/or
outside the scope of routine care and maintenance must be specifically ordered, requested, and
approved by the Canine Lieutenant or a designated representative. Requests to repair the police
vehicle and the facilities used to house the canine shall be made to the Public Works Department
during the Canine Officer's shift.
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.
20
NCPOA Agreement July 1, 2011 — June 30, 2014
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.
Employees who usually work a 4/10 schedule may be assigned to a 5/8 schedule for training scheduled
for a full week or longer. For training of 8 hours or more up to 10 hours, employees shall be credited
with ten hours worked even if the length of the training day was scheduled for or lasted fewer than 10
hours. For training of less than a week but more than a day, employees shall be credited for the actual
number of hours that the training lasted and may either a) use vacation or comp time for the differences
between the length of the training and 10 hours or b) work that amount of time on either the same day or
on another day during the same pay period.
9. Department Credit Card
The City shall make a credit card available for department 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.
21
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 12 - COMPENSATION PLAN
Section 1
An employee is entitled to receive 1.5 hours of compensatory time off in lieu of pay for each hour of
overtime worked. The maximum compensatory time an employee may bank shall be one hundred -thirty
(130) hours.
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 regular rate (base pay plus applicable incentive and specialty pays computed to an
hourly rate) as specified under the Fair Labor Standards Act.
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.
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.
22
NCPOA Agreement July 1, 2011 —June 30, 2014
Section 5 (continued)
(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.
23
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 13 - EDUCATION/POST CERTIFICATE 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
Intermediate POST Certificate
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.
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. If the Department is about to exhaust its entire $30,000 fiscal
year budget, the Department will reimburse employees within that fiscal year in the same order in which
the employees received Department approval for course reimbursement.
24
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 14 - LONGEVITY PAY
For employees hired on or before June 30, 2011, the City shall provide longevity pay as follows:
(a) After 15 years of continuous and uninterrupted service, in a classification represented by the
Association, the sum of $40.00 per month;
(b) After 20 years of continuous and uninterrupted service, in a classification represented by the
Association, the sum of $45.00 per month;
(c) After 25 years of continuous and uninterrupted service, in a classification represented by the
Association, 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.
25
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 15 — 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 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
$457.56 per month
Employee +1
$736.80 per month
Employee +family
$1,029.81 per month
Effective February 1, 2012, and in each following health plan year, the City's new contribution obligation
for employee only, employee +1 and employee +family shall be the monthly amounts from the prior health
plan year plus 50% of any increase in the lowest cost health and dental plans.
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 who retired from the City of National City after July 1, 1999, and before the date Council
approved this MOU, 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 the retiree's medical insurance premium. Employees who retire from the City of
National City on or after the date Council approved this MOU, and who have at least 20 full years of service
with National City Police Department shall receive $10/month for each year of service with National City
Police Department as the City's contribution towards the retiree's medical insurance premium.
This contribution shall continue until reaching age 65. A qualifying retiree may receive these contributions
even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof
(e.g. copy of health insurance invoice and payment) that the retiree is using the contributions to pay for
health premiums and understand that the retiree is solely responsible for any taxes that might be due as a
result of the City's contributions.
Section 4
The City and Association agree to work cooperatively with the City's health care broker to develop a Health
Savings Account (HSA) option for employees. The parties shall make a good faith effort to include an HSA
option for employees in the 2010 benefit year.
26
NCPOA Agreement July 1, 2011 —June 30, 2014
ARTICLE 16 - 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 $50,000 Basic Life Accident
Insurance coverage for each employee.
27
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 17 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM
Section l
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
Effective retroactive to the first full pay period in July 2011, employees shall pay an additional 3% (for a
total of 5%) toward the employee contribution percentage to PERS. Effective the first full pay period in
July 2012, employees shall pay an additional 2% (for a total of 7%) toward the employee contribution
percentage to PERS. Effective the first full pay period in July 2013, sworn employees shall pay an
additional 2% toward the employee contribution percentage and non -sworn employees shall pay an
additional 1% so employees are paying the full employee contribution.
Employees shall make the retroactive PERS contributions that employees owe for the period of July 1, 2011
through the pay period that includes the date of Council approval of the new MOU via deductions in equal
amounts in each full pay period that follows Council approval of this MOU through the last full pay period
in February 2012. Employees shall be solely responsible for any tax implications or consequences
associated with this schedule of repayment.
Section 3 Plan Definition
The following benefits are included in the retirement plan benefits:
(a) 3% @ 50 for Police Officer, Police Corporal, Police Sergeant and Police Lieutenant hired before
March 18, 2010; 3% at 55 for Police Officer, Police Corporal, Police Sergeant and Police
Lieutenant hired after March 18, 2010; 3% @ 60 for Senior Police Dispatcher and Animal Control
Officer.
(b) Third level of 1959 Survivor Benefit (Section 21573)
(c) Credit for Unused Sick Leave (Section 20965)
(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.
28
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 18 - 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
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 19 - 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 Human Resources Department when benefits under the
plan are awarded.
30
NCPOA Agreement July 1, 2011 —June 30, 2014
ARTICLE 20 - UNIFORM ALLOWANCE
Section 1
In August of each year, the City shall provide $750 per year to full-time employees in the classifications of
Police Lieutenant, Police Officer, Police Recruit, Police Sergeant, Corporal, and Animal Control Officer to
be applied towards the purchase and maintenance of prescribed uniforms.
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.
31
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 21- 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. Effective the first full pay period in January 2012, the City will adjust the salary for all employees
represented by POA by the percent necessary (if any) to move the salary of a top step National
City Police Officer to the mid -point of the salary of a top step police officer or deputy sheriff
(excluding longevity) in the 3rd and 4th ranked comparison agencies (including National City
among the comparison agencies). If National City Police Officer is ranked fourth, employees shall
receive the percent necessary to move the top step salary of a National City Police Officer to the
mid -point between that salary and the top step salary (excluding longevity) of the third ranked
agency. If a National City Police Officer already is ranked 3rd or higher, employees shall not
receive a salary decrease under this paragraph.
Effective the first full pay period in August 2012, the City will adjust the salary for employees by
the percent necessary (if any) to move the salary of a top step National City Police Officer to the
mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the
3rd and 4th ranked comparison agencies (including National City among the comparison
agencies). If National City Police Officer is ranked fourth, employees shall receive the percent
necessary to move the top step salary of a National City Police Officer to the mid -point between
that salary and the top step salary (excluding longevity) of the third ranked agency. If a National
City Police Officer already is ranked 3rd or higher, employees shall not receive a salary decrease
under this paragraph.
Effective the first full pay period in August 2013, the City will adjust the salary for employees by
the percent necessary (if any) to move the salary of a top step National City Police Officer to the
mid -point of the salary of a top step police officer or deputy sheriff (excluding longevity) in the
3rd and 4th ranked comparison agencies (including National City among the comparison
agencies). If National City Police Officer is ranked fourth, employees shall receive the percent
necessary to move the top step salary of a National City Police Officer to the mid -point between
that salary and the top step salary (excluding longevity) of the third ranked agency. If a National
City Police Officer already is ranked 3rd or higher, employees shall not receive a salary decrease
under this paragraph.
32
NCPOA Agreement July 1, 2011 —June 30, 2014
Section 2 Salary Increases (continued)
For purposes of this subsection, adjustments will be made upon current salaries, comparing top
step to top step excluding longevity, in place at the time of the pay period adjustment among the
comparison agencies. Subsequent retroactive adjustments are not to be considered nor are salary
increases not yet ratified or approved. The agreed upon comparison agencies are (1) Oceanside;
(2) Escondido (using their "Step 6" police officer pay); (3) Chula Vista; (4) Carlsbad; (5) City of
San Diego; (6) National City; (7) El Cajon; (8) Coronado; (9) San Diego County Sheriff's
Department; and (10) La Mesa.
B. Police Corporals
The salary for Police Corporals shall be a flat amount approximately five percent (5%) higher than
"E" step for Police Officer.
33
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 22 - 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.
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.
34
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 23 - 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.
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.
35
NCPOA Agreement July 1, 2011 — June 30, 2014
8. Discipline shall remain in the affected employee's personnel file for five (5) years with the exception of
a "Written Notice of Deficiency," which shall remain in the personnel file for two years from the date of
issuance. 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.
36
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 24 - 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 ('/z) 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 ('h) 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.
37
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 25 - TRAINING
All sworn Police Department employees should have equal opportunities to attend P.O.S.T. training
consistent with the needs of the department.
The City will pay for the actual travel time required for training outside San Diego County. Employees are
expected to work with the department to flex their schedules to avoid overtime.
38
NCPOA Agreement July 1, 2011 —June 30, 2014
ARTICLE 26 - 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.
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.
39
NCPOA Agreement July 1, 2011 — June 30, 2014
Section 2 Identification of Participants (continued)
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).
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:
I. Applications for changes in title, job classification or salary;
2. Appeals from formal disciplinary proceedings;
40
NCPOA Agreement July 1, 2011 — June 30, 2014
Section 3 Scope of Grievance Procedure (continued)
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.
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).
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.
41
NCPOA Agreement July 1, 2011 —June 30, 2014
Section 4 Special Provisions of the Grievance Procedure (continued)
I. Settlement: A grievance shall be considered settled and not subject to further consideration or re -filing
if any of 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.
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. 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 relations
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.
42
NCPOA Agreement July 1, 2011 — June 30, 2014
Section 5 Grievance Procedure Steps (continued)
Step III Department Head: [f 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 Non -Binding Arbitration:
(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 Arbitrator: Within seven (7) calendar days of receiving the grievance at
this level, the Human Resources Director shall request a list of five (5) arbitrators
from California State Mediation and Conciliation Services with experience in public
sector employment. The grievant and City shall alternatively strike names from the
list until one name remains, which person shall serve as the arbitrator. The parties
shall flip a coin to determine who shall strike first, with the "winner" of the coin toss
striking second and the "loser" of the coin toss striking first. The parties shall share
equally the cost of the arbitrator. If the arbitrator requires a transcript, a court reporter
shall be utilized, the cost of which shall be shared by the parties. Alternatively, the
parties may mutually agree to utilize a court reporter, in which case the cost shall also
be shared equally. In the absence of a court reporter, and with the agreement of the
arbitrator, the hearing may be tape recorded.
(c) Arbitration Hearin:
The arbitration hearing shall be private, unless the grievant requests that the hearing
be public. Each side shall have the opportunity to present witnesses and evidence.
The arbitrator shall rule on the admissibility of evidence, and strict legal rules of
evidence shall not apply.
(d) Arbitration Decision:
The arbitrator shall submit a written decision to the City Manager with a copy to the
grievant that shall make findings of fact and make a recommendation on what remedy
or remedies, if any, the arbitrator concludes appropriate. Any remedy in favor of the
grievant requires a finding that the grievant satisfied the requirements of the grievance
procedure, and be supported by a preponderance of the evidence and be consistent
with the applicable MOU.
43
NCPOA Agreement July 1, 2011 — June 30, 2014
Section 5 Grievance Procedure Steps (continued)
(e) City Manager's Response: The City Manager shall provide written response to both
parties on the resolution of the grievance. If the City Manager disagrees with any
recommendation of the arbitrator, 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 arbitrator 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 arbitrator.
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.
44
NCPOA Agreement July 1, 2011 —June 30, 2014
ARTICLE 27 — 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.
45
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 28 - 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.
46
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 29 - 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.
47
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 30 - 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.
48
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 31 - TERM OF PROVISIONS
This is the entire integrated agreement and it shall be effective July 1, 2011 through June 30, 2014,
superseding all conflicting provisions of the previous MOU and past practices.
49
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 32 - EMPLOYEE ASSISTANCE PROGRAM
The City shall provide an Employee Assistance Program (EAP) 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.
50
NCPOA Agreement July 1, 2011 —June 30, 2014
ARTICLE 33 - 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
The primary residence of employees in categories (C) — (G) above must be located in San Diego County
to qualify for a take-home vehicle, with the exception of an employee assigned to the DEA Task Force.
Section 2
The City will provide marked take home cars to sworn employees who live in National City and are off
probation, 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 the vehicles would be based upon seniority. Officers assigned take home cars under this
provision will follow the same rules and guidelines as officers assigned under Section 1 of this agreement.
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.
51
NCPOA Agreement July 1, 2011 — June 30, 2014
ARTICLE 34 - 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.
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.
52
NCPOA Agreement July 1, 2011 — June 30, 2014
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 who is related by blood, marriage or adoption and shall include children of the employee, children of
the employee's spouse, the employee's spouse, domestic partner as well as the employee's parents and
grandparents. 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 siblings of the employee or the
employee's spouse or domestic partner.
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.
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.
53
NCPOA Agreement July 1, 2011 —June 30, 2014
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.
54
NCPOA Agreement July 1, 2011 — June 30, 2014
RESOLUTION NO. 2011 — 260
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, 2011 THROUGH JUNE 30, 2014
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, 2011 through June 30,
2014.
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, 2011 through June 30, 2014. A copy
of said Memorandum of Understanding is on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of Decembel„2011.
Ron Morrison, Mayor
ATTEST:
API
Michael R. Dalla, Cit Clerk
APPROVED AS TO FORM:
2,ku. zu
'or Claudia Gacitua Silva
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 6, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
City City I City, California
CI rk of the of ationa
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-260 of the City of National City, California, passed and
adopted by the Council of said City on December 6, 2011.
City Clerk of the City of National City, California
By:
Deputy
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
\C
MEETING DATE: December 6, 2011
AGENDA ITEM NO, 12
ITEM TITLE:
Resolution of the City Council of the City of National City approving the Memorandum of Understanding
between the City of National City and the National City Police Officers' Association for the term July 1, 2011
through June 30, 2014
PREPARED BY: Stacey Stevenson
PHONE: 336-4308
EXPLANATION:
DEPARTMENT: an Re rc
APPROVED
The labor agreement between the City of National City and the National City Police Officers' Association (POA) expired
June 30, 2011. After meeting and conferring in good faith for the purpose of negotiating a new agreement, on November 7,
2011, the City's negotiating team and the team reached tentative agreement on a successor agreement. POA membership
voted to accept the terms of the three year agreement, retroactive to July 1, 2011, as set forth by the negotiating teams.
Pending approval by the City Council, the 90 employees represented by POA agreed to a number of issues including:
Increased employee paid contributions to retirement of 3% retroactive to July, 2011, 2% July, 2012 and 2% July, 2013;
equal cost sharing of future increases in the cost of health care (a savings to the City); the elimination of school resource
officer premium pay, an increase of $5 per month in the City's contribution to retiree medical benefits; and modifications to
acting assignment pay for Corporals and education incentive pay.
1 complete summary of the agreements is attached.
FINANCIAL STATEMENT:
ACCOUNT NO. Net Savings:
FY2012 -$219,115
FY 2013 - $235,229
FY 2014 - $448,070!
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Approve the agreement.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
• Summary of the tentative agreement between the City of National City and the National City Police Officers'
Association
• Resolution
cNo. t,vv-'d4,0
RESOLUTION NO. 2011 —
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, 2011 THROUGH JUNE 30, 2014
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, 2011 through June 30,
2014.
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, 2011 through June 30, 2014. A copy
of said Memorandum of Understanding is on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of December, 2011.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
CITY OF NATIONAL CITY / NATIONAL CITY POA
2011 MOU NEGOTIATIONS
Tentative Package Agreement—11/9/11
1. Term: July 1, 2011— June 30, 2014
2. PERS: Effective retroactive to the first full pay period in July2011, employees
pay an additional 3% (for a total of 5%) toward the employee contribution
percentage to PERS. Effective the first full pay period in July 2012, employees
shall pay an additional 2% (for a total of 7%) toward the employee contribution
percentage to PERS. Effective the first full pay period in July 2013, sworn
employees shall pay an additional 2% toward the employee contribution
percentage and non -sworn employees shall pay an additional 1% so employees
are paying the full employee contribution.
Employees shall make the retroactive PERS contributions that employees owe for
the period July 1, 2011 through the pay period that includes the date of Council
approval of the new MOU via deductions in equal amounts in each full pay period
that follows Council approval of this MOU through the last full pay period in
February 2012. Employees shall be solely responsible for any tax implications or
consequences associated with this schedule of repayment.
3. Salarv: The same salary adjustment methodology described in Article 21, Section
2.A. of the prior MOU shall be used to determine salary adjustments in this MOU
in January 2012, August 2012, and August 2013 with the one change that any
salary adjustments due under this methodology shall apply to all employees in the
bargaining unit.
4. Longevity Pay: Eliminate for persons hired on or after July 1, 2011.
5. Retiree Health: For persons who retire after Council approval of this MOU,
increase for qualifying retirees the City's contribution from $5 for each year of
service to $10 for each year of service
6. Education Incentive: Effective the first full pay period following Council approval
of this MOU, the eligibility requirements to qualify for education incentive pay
shall be modified to only require the following:
Level II Intermediate POST Certificate
Level III Advanced POST Certificate
7. Corporals: Effective the first full pay period following Council approval of this
MOU, corporals assigned by Command Staff to work a full shift or more as an
acting sergeant shall receive an additional 3% of base pay for the hours worked as
City of National City / National City POA
2011 MOU Negotiations
Tentative Package Agreement
Page 2
an acting sergeant. This provision shall not preclude a Corporal being eligible for
any greater acting pay benefit that may be provided by Department policy or a
City-wide rule, in which case the greater benefit shall apply instead of, but not in
addition to, the benefit provided under this provision."
8 Health: Effective February 1, 2012, and in each following health plan year, the
City's new contribution obligation for employee, employee +1 and
employee+family shall be the monthly amounts from the prior health plan year
plus 50% of any increase in the lowest cost health and dental plans.
9. Police Liaison / School Resource Officer: Effective the first full pay period
following Council approval of a successor MOU, eliminate extra $123/month pay
10. Grievances: Replace Step IV with non -binding arbitration instead of current panel
hearing process.
11. Vacation Sell -Back: To take into account of the impact of furloughs (and the
holidays) for employees processing payroll, POA-represented employees would
need to have used 37 vacation hours in the eligibility period of the first pay period
in December 2010 through the last pay period in October 2011 (instead of
needing to have used 40 hours in a 12 month period) to be eligible to sell -back
vacation. (See language in City's June 23, 2011 proposal, TA'd on July 5, 2011.)
12. As part of this package agreement, all other City and POA proposals would be
deemed withdrawn.
gt1"-j,
Edward L. Kreisberg
Lead Negotiator
City of National City
Dated: 11 I1 y )1 I Dated:
Bradley M. Fields
Lead Negotiator
National City POA
RESOLUTION NO. 2011 — 260
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, 2011 THROUGH JUNE 30, 2014
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, 2011 through June 30,
2014.
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, 2011 through June 30, 2014. A copy
of said Memorandum of Understanding is on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of Decembe2011.
Ron Morrison, Mayor
ATTEST:
A
Michael R. Dalla, Cit Clerk
APPROVED AS TO FORM:
17 2,40G;12p
'w' Claudia Gacitua Silva
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 6, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-260 of the City of National City, California, passed and
adopted by the Council of said City on December 6, 2011.
.,z,J„,,d..A
City Clerk of the City of National City, California
By:
Deputy