"Respect my Authorti!"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF GROVER BEACH AND THE GROVER BEACH POLICE OFFICERS’ ASSOCIATIONNOVEMBER 1, 2006 THROUGH JUNE 30, 2007
Updated 1.5.07
TABLE
OF CONTENTS
Page No.
Article
I - General Provisions
1
Article
II - Compensation
1
1.
Base Pay
1
2. Regular Pay 1
3. Standby
Pay
1
4. Court Pay
2
a. Court Call-Back Pay
2
b. Court Standby Pay
2
5. Call-Back Pay
2
6. Call-In Pay
2
7. Training Attendance Pay
2
8. Overtime Pay
2
9. Education Incentive Pay
3
10. Special
Duty Pay
4
a. Field Training Officer Assignment Pay
4
b. Dispatch Training Assignment Pay
4
c. Detective Assignment Pay
4
d. Watch Commander Assignment Pay
4
e. Senior Police Officer Assignment Pay
4
11. Bilingual
Pay
4
12. FLSA Compliance
5
13. Payroll Deductions
5
14. Longevity Pay
5
15. Holiday Pay
5
16. One-Time Payment in
Lieu of Retroactivity
5
Article
III - Work Period
5
1. Sworn Employees’ Work
Period
5
2. Non- Sworn Employees’
Work Period
6
Article
IV - Benefits
6
1.
Health Insurance
6
2. Life Insurance
6
3. Long-Term Disability
Insurance
6
4. Medicare
6
5. State Disability
Insurance
6
6. Vacation Leave Accrual
6
7. Vacation Leave Usage
7
8. Maximum Vacation Leave
Accumulation
7
9. Sick Leave
7
10. Uniforms and Safety
Equipment
7
11. Uniform Allowance
8
12. Uniform of the Day
8
13. Reimbursement for Lost
or Damaged Property
8
a. Sworn and Non-Sworn Personnel
8
b. Sworn Personnel
8
14. Mileage Reimbursement
8
15. Retirement
8
16. Education Reimbursement
9
Article
V - Association Release Time
9
1.
Release for Association Business
9
2. Release for
Employee-Employer Relations Training
9
Article
VI - Management Rights
10
1.
Disciplinary Procedures
10
2. Resignation Notification
10
3. Assignment and
Scheduling
10
4. Acting Assignments
10
5. Nepotism Policy
10
6. Reservation of Rights
11
7. No Strike/Work Stoppage
11
8. Employee Rights
12
Article
VII - General Terms
12
1.
Term of Memorandum of Understanding
12
2. Personnel Regulations
12
3. Adjustment in Salary
Step Relationships
12
4. Severability
13
5. Full Understanding
13
6. No Requirement to Meet
and Confer
13
7. Successor Memorandum of
Understanding
13
8. Savings Clause
14
9. Supplemental Memorandum
of Understanding
14
10. Effective Date
14
Exhibit
A
15
Exhibit
B
16
Exhibit
C
17
MEMORANDUM
OF UNDERSTANDING
BETWEEN
THE CITY OF GROVER BEACH AND
THE
GROVER BEACH POLICE OFFICERS' ASSOCIATION
ARTICLE
I - GENERAL PROVISIONS
We, the undersigned, duly appointed representatives of the City of
Grover Beach (hereinafter “City”) and the Grover Beach Police Officers’
Association (hereinafter “Association”), a recognized employee
organization, having met and conferred in good faith in accordance with the
Meyers-Milias-Brown Act, and having agreed on certain recommendations to be
submitted to the City Council, do hereby prepare and execute the following
written Memorandum of Understanding (hereinafter “MOU").
ARTICLE
II - COMPENSATION
1.
Base Pay. Employees occupying classifications represented by the
Association shall earn Base Pay within the ranges established by the salary
schedule attached to this MOU as Exhibit A and incorporated by reference in
full herein. This schedule shall
be used by the City to establish an employee's exact Base Pay and base hourly
rate of pay.
2.
Regular Pay. An
employee's Regular Pay shall include the Base Pay, plus any of the following:
Detective Assignment Pay, Senior Police Officer Assignment Pay, Educational
Incentive Pay, Longevity Pay, and Bilingual Pay.
Regular Pay shall not include Standby Pay, Call-Back Pay, Call-In Pay,
Court Call-Back Pay, Court Standby Pay, Training Attendance Pay, Watch
Commander Assignment Pay, Field Training Officer Assignment Pay, Dispatch
Training Assignment Pay, Overtime Pay, or Uniform Allowance.
3.
Standby Pay. An
employee shall receive Standby Pay when the employee is assigned by the Police
Chief or his/her designee to be ready to respond immediately and to be
accessible by telephone or other communication equipment to a request for
emergency service.
a.
Employees assigned to standby shall earn Standby Pay in an amount equal
to one hour of Regular Pay for every eight hours on standby with a minimum
amount equal to one-half hour of Regular Pay guaranteed.
Employees assigned to standby for fewer than eight hours shall earn pay
on a one-to-eight ratio. For
example, an employee who is assigned standby for six hours shall be paid an
amount equal as 45 minutes of Regular Pay.
b.
The issuance of a pager does not necessarily constitute a standby
assignment. An employee interested
in the opportunity to work in an overtime assignment may be issued a pager.
Unless specifically placed in a standby status by the Police Chief or
his/her designee, the employee will not be eligible for Standby Pay.
Should an employee be called in after answering a page, the employee
will then be eligible for Call-In Pay.
4.
Court Pay
a.
Court Call-Back Pay. When
an employee is off duty and appears in court, such employee shall receive a
minimum of two hours of Overtime Pay as defined in Subsections 8(a) and 8(b)
of this Article. Such employee
shall be compensated at the Overtime Pay rate for all hours which such
employee is actually in court in excess of the two-hour minimum.
b.
Court Standby. Employees
subpoenaed are to be considered on court standby.
If an employee is subpoenaed to appear in court while off duty, and the
employee receives notice of cancellation of the subpoena more than 24 hours
before the time for appearance, the employee shall not be eligible for court
standby. If the employee receives
notice of the cancellation fewer than 24 hours prior to the time for the
noticed court appearance, the employee will earn Court Standby Pay in an
amount equal to two hours of Regular Pay.
5.
Call-Back Pay. When
the employee is ordered to return to work after the employee has completed the
employee's usual work shift, and has left the work site, the employee shall
earn Call-Back Pay. An employee
who has been called back shall earn Call-Back Pay in an amount equal to a
minimum of three hours of Regular Pay.
6.
Call-In Pay. When an
employee is ordered, without prior reasonable notice, to start work prior to
the employee's usual shift, the employee will receive Call-In Pay in an amount
equal to Overtime Pay for hours worked in excess of the usual shift.
7.
Training Attendance Pay. Except
as provided in the Supplementary Memorandum of Understanding (hereinafter
“SMOU”), employees attending approved training sessions shall earn Regular
Pay if the training is held during the employee's usual work shift. Employees
attending approved training sessions shall earn Training Attendance Pay in an
amount equal to Overtime Pay when training is mandatory and the employee
attends during a period of time when the employee would have otherwise been
off duty. The minimum Training
Attendance Pay shall be three hours, provided that the training session does
not occur immediately before, during or immediately after the employee's usual
work shift.
8.
Overtime Pay.
a.
Except as provided in the SMOU, sworn employees shall earn Overtime Pay
for authorized hours worked in excess of 80 hours during a 14-day work period.
Overtime Pay shall be earned at one and one-half times the employee's
Regular Pay. For purposes of
determining overtime pay, the use of accrued vacation time and Compensatory
Time Off shall be considered as hours worked. No other paid or unpaid time off
shall be so considered.
b.
Except as provided in the SMOU, non-sworn support personnel shall earn
Overtime Pay for authorized time worked in excess of 80 hours during a 14-day
work period, or for all hours worked in excess of 12 hours in one workday, or
for all hours worked in excess of 56 hours in a seven-day period, whichever is
most beneficial to the employee. Overtime
Pay shall be earned at one and one-half times the employee's Regular Pay.
c.
Compensatory Time Off (hereinafter “CTO”) shall be earned at the
overtime rate of one and one-half times the number of overtime hours worked.
Except as provided in the SMOU, CTO may be accrued up to a maximum of
120 hours, and may be taken off only as provided in Subsection 8(d) of this
Article. Except as provided in the
SMOU, this 120-hour maximum accrual supersedes the accrual limit specified in
Section II, B6 (d) of the City’s Personnel Regulations for members of
the Association.
d.
The use of CTO must be approved in writing by the Police Chief or
his/her designee at least 72 hours in advance. Such approval shall not be
unreasonably withheld. The Police
Chief, in his/her sole discretion, may waive the 72-hour requirement, provided
that adequate coverage can be maintained without having to pay overtime to any
other employee.
9.
Education Incentive Pay.
a.
Education Incentive Pay shall be earned only for a POST certificate or
a college degree which enhances the employee's ability to effectively perform
his/her duties with the City. No
employee will be eligible for Education Incentive Pay until completion of
continuous service of at least six months with the City.
b.
Education Incentive Pay is only available if the POST certificate or
college
degree certifies educational attainment greater than that which is
required as a pre-requisite to appointment to the employee's current job
classification.
c.
An eligible employee shall request Education Incentive Pay on a form
approved by the City Manager. If
the City Manager approves the request, Education Incentive Pay shall increase
the employee's Regular Pay as follows: Associate’s
Degree or Intermediate POST Certificate, 2.5%; Bachelor's Degree or Advanced
POST Certificate, 5.0%; Master’s Degree, 7.5%.
d.
The education incentives provided for in Subsection 9(c) of this
Article are not cumulative. In no
instance shall Education Incentive Pay increase Regular Pay by more than 7.5%.
10. Special
Duty Pay.
a.
Field Training Officer Assignment Pay.
During the period of time that a Police Officer is temporarily assigned
as a field training officer, the employee shall receive Field Training Officer
Assignment Pay in an amount equal to 5.0% of Regular Pay. Before Field
Training Officer Assignment Pay is granted, the approval of the City Manager
must be received.
b.
Dispatch Training Assignment Pay.
During the period of time that an employee is assigned to conduct
dispatch training, the employee shall receive Dispatch Training Assignment Pay
in an amount equal to $2.00 per hour.
c.
Detective Assignment Pay. During
the period of time that an employee is assigned to serve as a Detective, the
employee shall receive Detective Assignment Pay in an amount equal to 5.0% of
Regular Pay. The Parties agree
that this increase is in recognition of the added responsibilities of this
assignment, as well as to compensate employees so assigned for being on an
on-call status on a rotating basis.
d.
Watch Commander Assignment Pay.
During the period of time that a Police Officer is temporarily assigned
as Acting Watch Commander, the employee shall receive Watch Commander
Assignment Pay in an amount equal to $1.00 per hour.
e.
Senior Police Officer Assignment Pay.
Senior Police Officer is an assignment, not a permanent promotional
position in a higher class. At
present, the number of assignments is limited to four, including the
incumbent. Continuation in the assignment is based on an annual evaluation
rating of “Meets Satisfactory Performance Standards”. The job
specification shall reflect such an assignment and the duties for the
assignment. Officers assigned as
Senior Police Officer shall receive an additional 5% of Regular Pay during the
assignment. Notwithstanding item d., above, if assigned as a Watch Commander
during a shift, a Senior Police Officer shall not receive an additional
$1.00/hour above the assignment pay as Senior Police Officer.
A Senior Police Officer is not a Detective; if the Officer is assigned
as a Detective, the assignment as Senior Police Officer ceases, as does the 5%
assignment pay as Senior Police Officer. Senior
Police Officers will not be assigned as Motor Officers.
The current incumbent in the class of Senior Police Officer/Corporal
will maintain status in the class, and the terms and conditions of appointment
at the time of promotion shall continue to apply for the incumbent; however,
if the incumbent leaves the position (due to promotion, retirement, etc.), it
reverts to an assignment as provided above.
11.
Bilingual Pay. An
employee fluent in Spanish, Tagalog or other language, the use of which the
City Manager has determined to be of benefit to the City, shall be paid $60.00
per month upon written approval by the City Manager.
Fluency shall be certified by a test administered through the Human
Resources office. A certified
employee shall request Bilingual Pay on a form approved by the City Manager.
12.
FLSA Compliance. The
City agrees that overtime compensation shall be based on the regular rate of
pay in accordance with the Fair Labor Standards Act (hereinafter “FLSA”),
and this MOU will be otherwise interpreted and applied in compliance with the
FLSA.
13.
Payroll Deductions.
The City hereby agrees to arrange for payroll deductions when requested
by an employee for various items, as long as such programs are available
through the City. Such payroll
deductions shall include at least the following: deferred compensation, credit
union, Association dues, additional life insurance, accident insurance, cancer
insurance, long-term care insurance, short-term disability insurance, and
United Way, as well as state disability insurance as provided in Article IV,
Section 5 of this MOU.
14.
Longevity Pay.
All employees covered by this MOU shall be eligible for Longevity Pay
in an amount equal to 5.0 % of Regular Pay after five consecutive years of
service with the City. In order to
retain eligibility, employees shall maintain a minimum standard of
satisfactory performance.
15.
Holiday Pay.
Employees in job classes covered by this MOU shall receive Holiday Pay
in a dollar amount equal to 4.0 hours per work period in lieu of taking City
Holidays off with pay.
16.
One-Time Payment in Lieu of
Retroactivity. The City shall pay to
employees in this unit as of November 1, 2006, as part of its regular payroll
within 30 days of the final approval of this MOU, a one-time payment equal to
the sum of:
a.
2% of Regular Pay earned by each employee between July 1, 2006, and
October
31, 2006; and,
b.
$128 if the employee has only one dependent enrolled in the City’s
health benefits plan; or $240 if the employee’s family (two or more
dependents) are enrolled in the City’s health benefits plan between July 1
and October 31, 2006; and,
c.
The amount provided for in Article IV, Section 11, pertaining to
Uniform Allowance.
ARTICLE
III - WORK PERIOD
1.
Sworn Employees’ Work Period.
Pursuant to the 7(k) exemption of the FLSA, the customary work period
for sworn employees shall consist of 80 hours over 14 days commencing at 12:01
a.m. on Monday and ending at 12:00 midnight on Sunday 14 days later, but shall
not exceed 1,040 hours in a 26-week period.
2.
Non-Sworn Employees’ Work Period.
Pursuant to the 7(k) exemption of the FLSA, the customary work period
for non-sworn employees shall consist of 80 hours over 14 days commencing at
12:01 a.m. on Monday and ending at 12:00 midnight on Sunday 14 days later, but
not to exceed 1,040 hours in a 26-week period.
ARTICLE
IV - BENEFITS
a.
The City shall pay the
employees’ portion of the health insurance costs for health insurance plans
offered by the City during the term of this MOU.
b.
Effective November 1, 2006, the
City shall contribute, on a monthly basis, up to a maximum of the amounts
displayed in the following table toward the cost of dependent care coverage
for health insurance:
Type of Coverage Maximum
City Contribution
Employee + One Dependent
$307.00
Family $485.00
(See Exhibit B for 2006-07 health care rates and contributions.).
2.
Life Insurance. No
later than January 1, 2005, the City shall pay for group life insurance
coverage in the amount of $40,000 for all employees.
3.
Long-Term Disability Insurance.
The City shall pay for long-term disability insurance for all full-time
employees. Long-term disability
insurance payments shall be available only after a 90-day waiting period after
the onset of the illness or date of injury.
4.
Medicare. Employees
shall participate in the federal program of Medicare, and shall pay those
premiums required by law, which the City shall deduct from the employees’
pay.
5.
State Disability Insurance.
The City will deduct from the employees’ pay the premiums necessary
to provide state disability insurance coverage to members of the Association.
6.
Vacation Leave Accrual. Employees
shall accrue Vacation Leave as follows:
Up to 5 years of service…………….............................10
days Vacation Leave per year
Over 5 years and up to 8 years of service……………. 15 days
Vacation Leave per year
Over 8 years and up to10 years of service………….....17 days
Vacation Leave per year
Over 10 years and up to12 years of service…………...18 days
Vacation Leave per year
Over 12 years and up to15 years of service…………...19 days
Vacation Leave per year
Over 15 years of service…………….............................20
days Vacation Leave per year
Employees
accrue Vacation Leave on a bi-weekly basis in conformance with the table set
forth above. Employees do not
accrue Vacation Leave while on a leave of absence without pay.
7.
Vacation Leave Usage. Employees
are eligible to use accumulated Vacation Leave upon accrual.
Vacation Leave must be approved in writing by the Police Chief or
his/her designee at least 72 hours in advance.
Such approval shall not be unreasonably withheld.
The Police Chief, in his/her sole discretion, may waive the 72-hour
requirement, provided that adequate coverage can be maintained without having
to pay overtime to any other employee.
8.
Maximum Vacation Leave Accumulation.
a.
Employees with fewer than five years of service may accumulate Vacation
Leave up to twenty days. Employees
with at least five years but not more than ten years of service may accumulate
up to twenty-five days of Vacation Leave.
Employees with over ten years of service may accumulate up to
thirty-four days of Vacation Leave.
b.
The City shall make every effort to notify employees as they approach
their maximum accumulation of Vacation Leave.
If for any reason an employee accrues Vacation Leave in excess of the
maximum accrual permitted by this MOU, the employee will cease accruing
Vacation Leave until such time as his/her accumulated leave balance is reduced
to a level below the maximum. The
City Manager may approve exceptions to accumulations in excess of the maximum
accrual permitted.
c.
Employees who leave City service
and have accumulated Vacation Leave will be reimbursed in full for the
accumulated amount as a part of their final paychecks.
9.
Sick Leave. The use
of Sick Leave is a privilege not a right.
The Police Chief may require physician’s written verification of Sick
Leave for the use of Sick Leave in a pattern of usage immediately prior to or
following regularly scheduled days off, or when Vacation Leave or CTO has not
been approved and the employee uses Sick Leave instead.
This is in addition to the existing authority of the Police Chief to
require physician’s written verification for a Sick Leave absence in excess
of three consecutive workdays, as provided in Section
X, Paragraph 5 of the City’s Personnel Regulations.
10.
Uniforms and Safety Equipment. The City will be responsible for
acquiring and maintaining all safety equipment, and providing initial uniforms
which have been designated as standard issue in the Police Department
Policies and Procedures Manual by the Police Chief and approved by the
City Manager. Any upgrades to
standard issue safety equipment may be acquired by the employee; however, the
City will only pay for replacements at the standard issue amount, as provided
for in the Police Department Policies and Procedures Manual.
11.
Uniform Allowance. City
shall pay an allowance to all employees who are required by the Police Chief
to wear and maintain uniforms. Such
allowances shall be used by the employee to replace, maintain, repair, and
clean all required uniforms. Effective November 1, 2006, the uniform allowance
for employees in classes in this unit shall be $1,000 per year, prorated
prospectively and paid on each paycheck in the amount of $38.46.
For the period July 1, 2006, through October 31, 2006, the uniform
allowance of $900 per year shall be prorated and paid in a lump sum as part of
the employee’s regular paycheck at the same time as the lump sum amount
provided for in Article III, Section 16, above.
12.
Uniform of the Day. As
provided for in the Police Department Policies and Procedures Manual,
the “uniform of the day” will be established by the Police Chief or
his/her designee on a daily basis. Any
employee who is required to wear a uniform, and who is “out of uniform,”
will be subject to progressive discipline up to and including termination.
Standard issue safety equipment items (or upgrades acquired at the
employee’s option) are included in the term “uniform of the day” for the
purposes of this Subsection.
13.
Reimbursement for Lost or Damaged Property.
a.
Sworn and Non-Sworn Personnel.
When uniform and equipment items authorized by the Police Department
are lost or damaged on duty, other than by normal wear and tear, the City
shall replace the items or reimburse employees for the lost or damaged item at
full value. All claims shall be
filed in writing, verified by the employee’s immediate supervisor, and
approved by the Police Chief. Employees
shall not be entitled to reimbursement for loss or damage caused by the
employee’s negligence, malfeasance or misfeasance.
b.
Sworn Personnel. The
City agrees to reimburse sworn employees for personal property lost or damaged
on duty up to $250.00 per claim. The Association shall develop a list of
personal property subject to the reimbursement to be approved by the Police
Chief. All claims shall be filed
in writing, verified by the employee’s immediate supervisor, and approved by
the Police Chief. Employees shall
not be entitled to reimbursement for loss or damage caused by the employee’s
negligence, malfeasance or misfeasance.
14.
Mileage Reimbursement. If
an employee uses his/her own vehicle for authorized travel, the City will
reimburse the employee in an amount equal to the miles driven times the
current Internal Revenue Service rate for mileage reimbursement.
15.
Retirement. The City
participates in the Public Employees Retirement System (hereinafter
“PERS”) and the Social Security Program.
As provided in Subsection 15(d) of this Article, each employee shall
pay his/her retirement contribution. In
addition, employees will pay the employee contribution for Social Security.
The City shall pay the employer’s retirement contribution, as well as
the employer's contribution for Social Security.
The City's PERS retirement plans are as follows:
a.
The PERS Public Safety Officer 2.0% at Age 50 Retirement Plan is
provided for sworn employees.
b.
The PERS Miscellaneous 2.0% at Age 55 Retirement Plan is provided for
non-sworn employees.
c.
There shall be no mandatory retirement age from City service.
d.
As allowed under IRS Code Section 414 (h) (2), the employee
contribution will be made by the employees on a pre-tax basis.
16.
Education Reimbursement. The City shall reimburse employees for
education expenses up to $1,400.00 per fiscal year (July 1 through June 30).
This reimbursement shall be paid to an employee who has completed
college-level studies with a grade of "C" or better for work-related
course work during such period. The
Human Resources Coordinator, upon the recommendation of the Police Chief,
shall determine whether the course work is work related.
Such determination by the Human Resources Coordinator shall be
requested by the employee prior to enrollment in the course, and shall be
submitted on a form provided by the Human Resources Coordinator.
Reimbursement shall be granted for the cost of tuition, books, and
special supplies, when the employee submits a report card indicating a
satisfactory grade from the educational institution, as well as receipts for
all expenses and written authorization from the Human Resources Coordinator.
ARTICLE
V - ASSOCIATION RELEASE TIME
1.
Release for Association Business. The City agrees that the
Association may designate two Association representatives and two alternates
who shall be permitted to conduct Association business during usual work
hours, provided such hours do not cause the employees to exceed 40 hours in an
80-hour work period. The
Association may change the designated representatives and alternates at any
time, so long as the total number of designated representatives and alternates
governed by this Section does not exceed four, the total number of hours for
all designated representatives conducting Association business does not exceed
80 hours for the work period, and the Association receives approval from the
City Manager for the change. The
date, time, and number of hours permitted for City-paid Association business
shall receive prior approval by the City Manager.
Up to four employees would be permitted to participate in meet and
confer sessions with prior approval of the City Manager.
2.
Release for Employee-Employer Relations Training.
At the discretion of the City Manager, two Association representatives
(to be selected by the Association) may attend a course of bargaining and
employee-employer relations at least once every two years to be funded by the
City or POST.
ARTICLE
VI - MANAGEMENT RIGHTS
1.
Disciplinary Procedures. The
Police Chief shall have the authority to establish disciplinary policies and
procedures, which are in compliance with statutory and decisional law, and the
City’s Personnel Regulations.
2.
Resignation Notification. An
employee wishing to leave his/her employment with the City in good standing
shall provide the Police Chief with a written resignation, stating the
effective date of his/her resignation and the reason for leaving.
The resigning individual should provide such written resignation at
least 14 days in advance of the effective date, and participate in an exit
interview conducted by the Human Resources Coordinator.
3.
Assignment and Scheduling. Except
as provided in the SMOU, the City Manager may assign work to and schedule
employees in accordance with workload and performance requirements, as
determined by the City Manager, and may establish and change work schedules
and assignments upon reasonable notice to employees.
4.
Acting Assignments. The
City may appoint an employee to act in a higher job classification for a
period of up to 12 consecutive months, or for a total of 12 months in any two
consecutive fiscal years. The
compensation for such an acting assignment shall be consistent with the
City’s Personnel Regulations, and Classification and Compensation
Plan Resolution (hereinafter “CCP”).
5.
Nepotism Policy. The
Parties agree to the creation of a Nepotism Policy to be issued by the City,
subject to meet and confer and the following criteria:
a.
The policy will minimize the
impacts on any incumbents who are indirectly or incidentally supervised by an
individual related by blood or marriage.
b.
Direct supervision of an employee
by an individual related by blood or marriage shall be accommodated by having
the affected subordinate employee reassigned to another watch or shift.
The Parties understand that this could cause an unrelated third party
to be reassigned to a different watch or shift in order to maintain coverage
and service levels.
c.
No employee would lose employment
as a result of the policy; however, the Police Chief may choose not to appoint
an individual if the appointment would result in a direct supervisory
relationship which could not otherwise be accommodated under the policy.
6.
Reservation of Rights. The
City retains all of its exclusive management rights and authority under state
law, as well as the ordinances, rules and regulations of the City, which
include but are not limited to:
a.
Determining the mission of the City's constituent departments,
commissions, and boards.
b.
Establishing standards and levels of services.
c.
Determining the procedures and standards of selection for employment
and promotions.
d.
Directing, supervising, and evaluating employees.
e.
Determining the methods and means to relieve employees from duty, due
to lack of work or other lawful reasons.
f.
Maintaining the efficiency of governmental operations.
g.
Determining the methods and means, as well as numbers and kinds of
persons by which government operations are to be conducted.
h.
Determining methods of financing.
i.
Determining the style and/or types of City-issued equipment to be used.
j.
Determining and/or changing the facilities, methods, technology, means,
organizational structure, and composition of the workforce, as well as
allocating and assigning work by which the City operations are to be
conducted.
k.
Determining and/or changing 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 for any work, labor, services, or operations of the City.
l.
Establishing and modifying productivity and performance programs and
standards.
m.
Discharging, suspending, demoting, reprimanding, withholding salary
increases and benefits, or otherwise disciplining employees in accordance with
law.
7.
No Strike/Work Stoppage.
a.
The Association agrees that during the term of this MOU, the
Association and its officers, agents, or members shall not engage in any
concerted strike, sympathy strike, work stoppage, slowdown, obstructive
picketing, or concerted interference with the operations of the City, or other
concerted refusal or failure to fully and faithfully perform job functions and
responsibilities
b.
The Association agrees to make every effort to induce its officers,
agents, or members not to engage in any of the activities prohibited in
Subsection 7(a) of this Article, and to actively take affirmative action to
cause these persons to cease such activities.
c.
City agrees that nothing in Section 7 of this Article is intended to
prevent the Association, its officers, agents, or members from exercising any
rights authorized by federal or state law.
8.
Employee Rights. The
Association recognizes that the City has, and will continue to retain, whether
exercised or not, the unilateral and exclusive right to operate, administer,
and manage its municipal services and workforce, performing those services in
all respects, subject to this MOU; provided, however, that the exercise of
such rights does not preclude employees or their representatives from
conferring or raising grievances about the practical consequences that
decisions on these matters may have on wages, hours, and other terms and
conditions of employment.
ARTICLE
VII - GENERAL TERMS
1.
Term of Memorandum of Understanding.
The term of this MOU shall be from November 1, 2006, through June 30,
2007, unless the term is extended by mutual agreement by the Association and
the City.
2.
Personnel Regulations. Association
agrees that the City’s Personnel Regulations were properly and duly
adopted on April 4, 1994, that they are the authorized Personnel
Regulations of the City, and that employees represented by the Association
shall abide by the terms of the Personnel Regulations. As soon as
administratively possible, the City shall amend the Personnel
Regulations to provide that the probationary period for Police Sergeant,
for an internal promotional candidate only, shall be twelve (12) months.
3.
Adjustment in Salary Step Relationships.
a.
The Parties agree that the adjustments in salary indicated in Exhibit
A, and any future adjustments to the Base Pay amounts within a salary range
for the job classifications represented by the Association, shall maintain a
difference in Base Pay between Step A and Step B, between Step B and Step C,
between Step C and Step D, and between Step D and Step E of 5.0%, with plus or
minus 0.025% being an agreed-upon acceptable margin for deviation.
b.
The Parties agree that the adjustments agreed to in Subsection 3(a) of
this Article constitute the entire agreement of the Parties regarding the
percentage relationships between salary steps, and that such agreement
supersedes all prior communications, agreements, and promises, either oral or
written, on the subject.
c.
Except as provided in Subsection 3(d) of this Article, the Parties
agree that the salary range information contained in Exhibit A shall only
include job classification titles represented by the Association, and those
job classification titles shall only be the following:
· Police Sergeant
· Senior Police Officer/Corporal
· Police Officer
· Communications/Records Supervisor
· Records/Property Supervisor
· Lead Communications/Records Technician
· Communications/Records Technician
· Records/Property Technician
d.
The Parties understand and agree
that it is necessary to amend the City’s CCP to incorporate the impacts of
Exhibit A of this MOU. The Parties
further agree that the City’s Classification Plan Resolution may require
amendments during the term of this MOU, in order to create new job
classifications or to make equity adjustments to existing job classifications.
The Parties agree that such amendments to the City’s CCP shall
supersede any inconsistent provision of this MOU, provided that Subsection
3(e) of this Article has been complied with.
e. The Parties agree to meet and consult on the impact of the creation of new job classifications, if any, represented by the Association.
4.
Severability. If any
provision of this MOU should be held invalid or restrained by operation of law
or by any court of competent jurisdiction, the remainder of this MOU shall not
be affected.
5.
Full Understanding. The
Parties agree that this MOU sets forth the full and entire understanding of
the Parties regarding the matters set forth herein, and verbal statements
shall not supersede any of its provisions.
6.
No Requirement to Meet and Confer.
Except as otherwise provided in this Article, the Parties agree that
neither Party shall be required to meet and confer concerning any specific
provision of this MOU during the term of this MOU.
7.
Successor Memorandum of Understanding.
On or about March 1, 2007, the Association may provide to the City
notice of intent to meet and confer concerning any proposed changes to this
MOU affecting wages, hours or other terms and conditions of employment.
8.
Savings Clause.
In the event that the implementation of any article, section or
subsection of this MOU shall be frustrated on account of the operation of law
or by any tribunal of competent jurisdiction, or if compliance with any
article, section or subsection would be frustrated or restrained by such law
or tribunal, representatives of the City and the Association shall, if
possible, meet and confer for the purpose of endeavoring to agree on a
replacement for such article, section or subsection.
9.
Supplemental Memorandum of
Understanding.
Attached as Exhibit C and incorporated herein by reference.
10.
Effective Date.
The effective date of this MOU shall be the day that this MOU is duly
adopted by resolution of the City Council, or the last date entered by any
member of the Association’s negotiating team, whichever is later.
EXHIBIT A
Compensation Plan – Salary
Ranges/Full-Time Personnel
Effective November 1, 2006
(2%)
STEPS
A
B
C
D
E
Sworn
Personnel
Police
Sergeant
4749 4986
5235 5497
5772
Police
Officer
3851 4044
4246 4458
4681
Non-sworn
Personnel
Communications/
Records Technician
3051 3204
3364 3532
3709
Records/Property
Technician
2979 3128
3284 3448
3620
EXHIBIT A
Compensation Plan – Salary
Ranges/Full-Time Personnel
Effective January 1, 2007
(2%)
STEPS
A
B
C
D
E
Sworn
Personnel
Police
Sergeant
4844 5086
5340 5607
5887
Police
Officer
3928 4124
4330 4547
4774
Non-sworn
Personnel
Communications/
Records Technician
3112 3268
3431 3603
3783
Records/Property
Technician
3039 3191
3351 3519
3695
EXHIBIT
B
POA
Health Care Rates and Contributions for 2006 – 2007
Description: |
Employee
Only |
Employee
+ Spouse |
Employee
+ Child |
Employee
+ Family |
Employee
Life & Dental + 1 Medical & Vision only |
Employee
Medical & Life + Spouse Dental & Vision only |
Medical
(Blue Cross PPO) |
$418.47 |
$836.95 |
$836.95 |
$1,174.92 |
$836.95 |
$418.47 |
Vision
(MES/Blue Shield) |
$7.12 |
$14.14 |
$14.14 |
$18.30 |
$7.12 |
$14.14 |
Dental
(Standard Enhanced/1) |
$38.82 |
$75.66 |
$75.22 |
$112.11 |
$38.82 |
$75.66 |
Life
($25,000 with Standard) |
$5.50 |
$5.99 |
$5.99 |
$5.99 |
$5.50 |
$5.99 |
Life
($15,000 with Blue Cross) |
$4.88 |
$4.88 |
$4.88 |
$4.88 |
$4.88 |
$4.88 |
Total: |
$474.79 |
$937.62 |
$937.18 |
$1,316.20 |
$893.27 |
$519.14 |
|
|
|
|
|
|
|
City
Contribution - Employee |
$474.79 |
$474.79 |
$474.79 |
$474.79 |
$474.79 |
$474.79 |
City
Contribution - Dependents |
$0.00 |
$275.00 |
$275.00 |
$425.00 |
$275.00 |
$275.00 |
Total
City Contribution: |
$474.79 |
$749.79 |
$749.79 |
$899.79 |
$749.79 |
$749.79 |
|
|
|
|
|
|
|
Employee
Cost per Month |
$0.00 |
$187.83
|
$187.39
|
$416.41
|
$143.48
|
$0.00 |
Employee
Cost per Paycheck |
$0.00 |
$93.92
|
$93.70
|
$208.21
|
$71.74
|
$0.00 |
EXHIBIT C
Supplementary Memorandum of Understanding
Between
The City of Grover Beach
and
The Grover Beach Police Officers’ Association
As provided in Article VII Section 10 of the MOU, this Supplementary Memorandum of Understanding (hereinafter “SMOU”) is entered into by the Parties to evaluate Alternative Work Schedules (hereinafter “AWS”) to determine whether they should become the standard work schedules for the Grover Beach Police Department. The Parties agree that the intent of evaluating the AWS is to determine whether modified work schedules would have a positive impact on recruitment and retention of employees, an increase in public service, a reduction of overtime, a reduction of sick leave, and a reduction in compensable injuries. This SMOU modifies the existing work schedules and maximum CTO accrual for sworn and non-sworn employees covered by the MOU.
Article II Subsection 8(c) of the MOU is amended to read:
c. Compensatory Time Off (hereinafter “CTO”) shall be earned at the overtime rate of one and one-half times the number of overtime hours worked. During the term of this SMOU, the maximum CTO accrual for all represented sworn and non-sworn employees shall be reduced from the current 120 hours to 80 hours. All hours presently accrued in excess of 80 hours shall be utilized by or paid effective December 31, 2005. In the event that the Parties fail to agree to implement either the sworn or non-sworn AWS as the standard work schedules, the maximum CTO accrual shall return to 120 hours for all represented employees, except Detectives, Records, and Motorcycle Traffic Officer.
Article III of the MOU is amended to read:
1. Sworn Employees’ Work Period. Pursuant to the 7(k) exemption of the FLSA, the customary work period for sworn employees shall consist of 80 hours over 14 days commencing at 12:01 A.M. on Monday and ending at 12:00 midnight on Sunday 14 days later, but shall not exceed 1,040 hours in a 26-week period.
2. Sworn Employees’ Alternative Work Schedule.
a. Except as provided in Subsections 2(e), 2(f) and 2(i) of this Article, all sworn employees covered by this MOU shall be assigned to work an Alternative Work Schedule known as a 3/12 AWS. The 3/12 AWS work period consists of three twelve-hour days worked consecutively in one week, as well as three twelve-hour days and one Payback Shift worked consecutively in the alternate week. Except as provided in Subsection 2(d) of this Article, the Payback Shift shall be a period of eight hours and shall be worked the day before or the day after the three consecutive twelve-hour workdays or within the period of four consecutive workdays. The Payback Shift shall be worked within the employee’s normally scheduled watch hours.
b. The 3/12 AWS covered under this SMOU shall be implemented not later than September 26, 2005.
c. The AWS for sworn patrol officers shall include a Day Watch, a Night Watch and, if staffing allows, a Cover Watch. The Day Watch shall commence at 0700 hours and end at 1900 hours. The Night Watch shall commence at 1900 hours and end at 0700 hrs. The Cover Watch shall commence at 1500 hours and end at 0300 hours.
d. Fifteen minutes prior to the start time for the subsequent watch, the oncoming Watch Commander shall attend a pass-down briefing provided by the Watch Commander whose watch is ending. Watch Commanders who regularly participate in pass-down briefings shall receive an offset credit for hours worked in the form of a Watch Commander Payback Shift. The Watch Commander Payback Shift shall be for a period of six and one-half hours and shall otherwise be consistent with Subsection 2(a) of this Article. The Parties agree that the intent of this section is to avoid the payment of overtime to the oncoming Watch Commander for the pass-down briefing.
e. Motorcycle Traffic Officer(s) shall be assigned to work an Alternative Work Schedule known as a 4/10 AWS. The 4/10 AWS workweek consists of four ten-hour days worked consecutively. One hour per week may be used to maintain the motorcycle. The motorcycle may be home garaged as long as it is within San Luis Obispo County. The assigned shift start times shall remain flexible to meet the needs of the Department. The Motorcycle Traffic Officer(s) may be assigned to work an Alternative Work Schedule known as a 3/12 AWS as described above, subject to the needs of the Department and authorization by the Chief of Police.
f. Detectives shall be assigned to work an Alternative Work Schedule known as a 4/10 AWS. The 4/10 AWS workweek consists of four ten-hour days worked consecutively. Normally, the assigned shift hours shall be from 0800 hours until 1800 hours. A Detective may be assigned to a four-day shift which runs either Monday through Thursday, or Tuesday through Friday.
g. In order to minimize overtime, all sworn employees (regardless of which AWS they may be working under) assigned to training may have their work schedules modified with notice given fourteen days in advance of the modification. Affected employees further recognize that their work schedule may be modified to a 5/8 work schedule or a 9/80 work schedule while attending training. Modified work schedules would be for minimum periods of one week. Days off may not be split without employee consent.
h. The initial sworn schedule matrix is provided as “Exhibit I”.
3. Non-Sworn Employees’ Work Period. Pursuant to the 7(k) exemption of the FLSA, the customary work period for non-sworn employees shall consist of 80 hours over 14 days commencing at 12:01 A.M. on Monday and ending at 12:00 midnight on Sunday 14 days later, but not to exceed 1,040 hours in a 26-week period.
4. Non-Sworn Employees’ Alternative Work Schedule.
a. All non-sworn employees in the job classifications of Records and Communication Technician, Lead Records and Communications Technician and Communications Supervisor shall be assigned to work an Alternative Work Schedule known as a 4/10 AWS. The 4/10 AWS workweek consists of four ten-hour days worked consecutively.
b. The 4/10 AWS covered under this SMOU shall be implemented not later than September 26, 2005. ,
c. The AWS for Records and Communication Technicians, Lead Records and Communications Technician and Communications Supervisor shall include a Day Shift, a Swing Shift, a Mid-Shift and a Cover Shift. The Day Shift shall commence at 0700 hours and end at 1700 hours. The Swing Shift shall commence at 1600 hours and end at 0200 hours. The Mid-Shift shall commence at 2130 hours and end at 0730 hours. The Cover Shift shall commence at 1130 hours and end at 2130 hours.
d. All non-sworn employees in the job classifications of Records/Property Technician and Records/Property Supervisor shall be assigned to work an Alternative Work Schedule known as a 9/80 AWS. The 9/80 work period shall consist of five workdays (Monday through Friday) in one week and four workdays (Monday through Thursday) in the alternate week. The Records/Property Technician would not receive Acting Pay as a result of the implementation of the 9/80 AWS. Acting Pay would be provided consistent with Subsection II (B) (3) (f) of the City’s Personnel Regulations. Each workday shall be for a period of 8 hours and 53 minutes. The workweeks of the incumbents in these job classifications shall be scheduled so that the incumbents alternate their Fridays off. The break periods and one-half hour lunch period shall be included in normal work hours as Regular Pay. Employees shall be entitled to accrue 100 hours per year (3.846 hours per work period) in Holiday hours. Holiday hours will be increased to 104 hours per year (4.0 hours per work period) effective July 1, 2005. Employees may request taking Holidays off, and may use Vacation Leave or Holiday hours for that purpose with approval of the appropriate supervisor.
e. The 9/80 AWS covered under this SMOU shall be implemented not later than September 26, 2005.
f. In order to minimize overtime, all non-sworn employees (regardless of which AWS they may be working under) assigned to training may have their work schedules modified with notice given fourteen days in advance of the modification. Affected employees further recognize that their work schedules may be modified to a 5/8 work schedule or a 9/80 work schedule while attending training. Modified work schedules would be for minimum periods of one week. Days off may not be split without employee consent.
g.
The initial non-sworn schedule matrix is provided as “Exhibit II”.
SMOU Term. The term of the SMOU shall be begin at the effective date of September 26, 2005 and continue throughout the term of the MOU. Except as modified by the SMOU, the MOU between the City and the Association shall remain in full force and effect.