HomeMy WebLinkAboutRES-91-5453 (MOU/HB POA & SGT.)i
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�..►' 28
RESOLUTION NO. 91- 5453
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH, CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING
WITH THE HERMOSA BEACH POLICE OFFICERS' ASSOCIATION AND
SERGEANTS' BARGAINING UNIT.
WHEREAS, the Hermosa Beach Police Officers and Sergeants
have elected to meet and confer with the City of Hermosa
Beach on matters concerning wages, hours, and working
conditions; and
WHEREAS, the above personnel have selected certain
individuals to represent them; and
WHEREAS, Employee and Management representatives have
jointly negotiated a Memorandum of Understanding which has
been ratified by a majority vote of the members of the
Police Officers' and Sergeants' Bargaining Unit. Said
Memorandum of Understanding is attached hereto as "Exhibit
All; and,
WHEREAS, the Employee Representatives and the City
Manager have mutually agreed to recommend that the City
Council adopt this Memorandum of Understanding.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA
BEACH RESOLVES to enter into said Memorandum of
Understanding to be dated June 11, 1991, and to be effective
for the period March 1, 1991 through and including February
29, 1992.
BE IT FURTHER RESOLVED that the City Clerk shall certify
to the passage and adoption of this resolution; shall cause
the same to be entered among the original resolutions of
said City; and shall make a minute of the passage and
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adoption thereof in the records of the proceedings of the
City Council of said City in the minutes of the meeting at
which time same is passed and adopted.
PASSED, APPROVED and ADOPTED this lith day of June, 1991.
ATTEST:
IDENT of the City Council and MAYOR of the City of
Hermosa Beach, California
City Clerk
APPROVED) AS 0 FORM: /
I l �
i
�( �� •� City Attorney
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES }
CITY OF HERMOSA BEACH )
I, Naoma Valdes, Deputy City Clerk of the City
Council of the City of Hermosa Beach, California, do hereby
certify that the foregoing Resolution No. 91-5453 was duly and
regularly passed, approved and adopted by the City Council
of the City of Hermosa Beach at a Regular meeting of said
Council at the regular meeting place thereof on June 11,
1991.
`• The vote was as follows:
AYES: Creighton, Sheldon, Wiemans, Mayor Midstokke
-NOES: Essertier
ABSENT: None
ABSTAIN: None
DATED: June 25, 1991
16� V"O' -S
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Deputy City Clerk
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MEMORANDUM OF UNDERSTANDING
\"Owl FOR THE
HERMOSA BEACH
POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP
1. PARTIES TO THE MEMORANDUM
This Memorandum of Understanding, hereinafter referred to as the
"MOU" or the "Agreement," has been entered into, pursuant to the
laws of the State of California and the City of Hermosa Beach,
California, by and between the CITY OF HERMOSA BEACH, hereinafter
referred to as the "City" or as "Management," and the HERMOSA
BEACH POLICE OFFICERS ASSOCIATION, hereinafter referred to as the
"Association."
2. RECOGNITION
Pursuant to the provisions of the Meyers-Milias-Brown Act,
(Government Code 3500, et seq.), the City agrees to,, and does,
recognize the Hermosa Beach Police Officers Association as the
exclusive representative of the full-time positions in the clas-
sifications of POLICE OFFICER AND POLICE SERGEANT of the City of
Hermosa Beach.
\ftwl 3. SCOPE & IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING
This memorandum of understanding constitutes the joint recommen-
dation of Management and the Association. It shall not be bind-
ing in whole or in part upon the parties unless and until the
following conditions have been complied with:
1. The association shall notify the City Council in writing that
it has formally approved the Memorandum of Understanding in
its entirety.
2. The City Council shall approve this Memorandum of
Understanding.
3. This MOU has been reached following good -faith negotiations,
by the authorized Management representative of the City Coun-
cil and the authorized representative for the Hermosa Beach
Police Officers Association.
4. MONTHLY MEETINGS
In the interest of fostering and continuing a spirit and atmo-
sphere of harmonious employer-employee relationships, it is
agreed that the Association Board of Directors shall meet once a
month at a designated time and place with administrative officers
of the Department. There shall be no less than two (2) Board
members present for each such meeting.
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It is further agreed that the Association and the City Manager
shall meet when requested by the Association to best effect im-
plementation of this document.
S. JOB ACTION
The Association and its members agree that during the term of
this MOU there shall be no strike.
In the event of an unauthorized strike, the City agrees that
there will be no liability on the part of the Association pro-
vided the Association promptly and publicly disavows such unau-
thorized action; orders the employees to return to work and at-
tempts to bring about a prompt resumption of normal operations;
and provided further, that the Association notifies the City in
writing, within 48 hours after the commencement of such strike,
what measures it has taken to comply with the provisions of this
strike.
In the event such strike by the Association has not affected
resumption of normal work practices, the City shall have the
right to take appropriate disciplinary action.
6. NON-DISCRIMINATION
The City shall not discriminate against any employee because of
race, color, age, creed, national origin, sex, handicap, medical
condition, marital status, or union activities in any matter.
7. MANAGEMENT RIGHTS
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote,
demote, transfer, suspend, discipline or discharge any
employee.
6. Determine the location of any new facilities, building,
departments, divisions, or subdivisions thereof, and the
relocation, sale, leasing or closing of facilities, depart-
ments, divisions, or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials
to be used herein.
9. Determine processes, techniques, methods and means of per-
forming work.
10. Determine the size, character and use of inventories.
11. Determine the financial policy including accounting
procedures
12. Determine the administrative organization of the system.
13. Determine selection, promotion, or transfer of employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards
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and the judgment of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and
equipment.
20. Schedule work periods and determine the number and duration
of work periods.
21. Establish, modify, eliminate or enforce rules and
regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which such operations are
to be conducted.
25. Require employees, where necessary, to take in-service train-
ing courses during working hours.
26. Determine duties to be included in any job classifications.
27. Determine the necessity of overtime and the amount of over-
time required.
28. Take any necessary action to carry out the mission of the
City in cases of an emergency.
The exercise of the foregoing powers, rights authority, duties
and responsibilities by the City, the adoption of policies,
rules, regulations and practices in furtherance thereof, and the
use of judgment and the discretion in connection therewith, shall
be limited only by the specific and express terms of this Memo-
randum of Understanding, City Personnel Ordinance and Personnel
Rules and Regulations, the Public Safety Officers Procedural Bill
of Rights, and other statutory law.
1WV1 Except in emergencies, or where the City is required to make
changes in its operations because of the requirements of law,
whenever the exercise of management's rights shall impact on em-
ployees of the bargaining unit, the City agrees to meet and con-
fer with representatives of the Association, upon request by the
Association, regarding the impact of the exercise of such rights
unless the matter of the exercise of such rights is provided for
in this Memorandum of Understanding.
8. PROVISIONS OF LAW - INSEPARABILITY
It is mutually understood that this MOU is, and shall be, subject
to all current and future applicable state, federal and local
laws. If any article, part, provision or segment of this MOU is,
or shall be, in conflict with or inconsistent with such ap-
plicable provisions of federal, state or local law, or is other-
wise held to be invalid, or unenforceable by any court of compe-
tent jurisdiction by final decree, such article, part or provi-
sion thereof shall be superseded by such applicable law and the
remainder of this MOU shall in no way be affected thereby.
\.r` 9. FULL UNDERSTANDING, MODIFICATION, WAIVER
It is intended that this Agreement sets forth the full and entire
understanding of the parties regarding the matters set forth
herein, and any other prior or existing understanding or agree-
ments by the parties whether formal or informal, regarding any
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such matters are hereby superseded or terminated in their
entirety.
`�✓ Except as specifically provided herein, it is agreed and under-
stood that each party hereto voluntarily and unqualifiedly waives
its right, and agrees that the other shall not be required to
negotiate with respect to any subject or matter covered herein
during the term of this agreement.
Any agreement, alteration, understanding, variation, waiver, or
modification of any of the terms or provisions contained herein
shall not be binding upon the parties hereto unless made and exe-
cuted in writing by all parties hereto, and if required, approved
and implemented by the City Council.
The waiver of any breach, term or condition of this Agreement by
either party shall not constitute a precedent in the future en-
forcement of all its terms and provisions.
10. GRIEVANCE PROCEDURE
The Grievance Procedure is attached as Exhibit A and incorporated
herein by reference.
11. WORK SCHEDULE
The City agrees to continue the utilization of the 3/12 plan for
officers and sergeants assigned to patrol. and the 4/10 plan for
`Y+, officers and sergeants assigned to investigation.
The City may cancel this scheduling plan, without cause, at any
time during the term of this Memorandum of Understanding by
giving the Association three (3) months written notice. Upon
such notice, the City shall, at the request of the Association,
meet and confer on a new scheduling plan. Absent mutual agree-
ment, the City shall revert to the 5/8 plan in effect prior to
the experimental work plan.
In the event of an emergency situation, the City may cancel, al-
ter or amend the work schedule as necessary, immediately.
12. COMPENSATION - METHODS OF COMPENSATION
A. Methods of compensation:
1. Compensation shall be determined on an hourly basis.
2. Payments due shall be paid on a bimonthly basis unless other-
wise mutually agreed. By mutual consent early payments and
other modifications can be made.
3. Base hourly salary shall be considered the rate of pay for a
particular classification without consideration of any other
form of compensation.
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B. Salary Advancements Within Base Pay Range:
1. Step advancement:
a. All salary advances shall be based on merit and fitness.
All increases shall be recommended by the Department
Head and approved by the Personnel Officer/City Manager.
Merit increases shall be effective at the beginning of
the next pay period (1ST or 16TH of the month).
b. Upon the successful and satisfactory completion of twelve
(12) months service (exclusive of police recruit status),
employees shall be advanced one step within their range
and yearly thereafter until the maximum within the range
achieved.
2. Promotion
An employee who is promoted to a position in a class with a high-
er salary rate shall be entitled to the lowest step in the higher
range which exceeds the present rate of pay with the intent of
increasing the base salary rate by at least 5%.
C. Compensatory Time:
Employees may accrue up to 175 hours of compensatory time and may
cash out all or part of such accrued time at any time, subject to
the budgetary constraints of the department.
13. BASE SALARY
Effective March 1, 1991, the base salary range for the clas-
sification in the bargaining unit shall be increased by 4% com-
puted on the salary range in effect February 28, 1991.,
Effective September 1, 1991, the base salary range for the clas-
sifications in the bargaining unit shall be increased an addi-
tional 4% computed on the salary range in effect February 28,
1991 and added to the range effective March 1, 1991.
Step:
Commencing March 1, 1991:
POLICE OFFICER:
POLICE SERGEANT:
Commencing Sept. 1, 1991
POLICE OFFICER:
POLICE SERGEANT:
A
B
C
D
2888
3032
3184
3343
3378
3547
3725
3911
2999
3149
3307
3472
3508
3683
3868
4061
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14. OVERTIME PRACTICES
A. 7K Exemption - The City of Hermosa Beach has exercised its
14.►> ability to take a statutory 117K" exemption for sworn police
personnel. The work period for such employees shall be 28
days in length commencing on Sunday, May 22, 1988, at 12:01
A.M.
B. F.L.S.A. Overtime - All employees required to perform in ex-
cess of the standard work shift, or at times other than their
regularly scheduled work shift, shall receive compensation at
the rate of time and one-half their regular rate of pay. The
regular rate of pay shall include the following components in
addition to base salary.
1. Educational incentive.
2. Assignment Pay.
3. Longevity Pay.
C. Paid Leave Exclusions - In determining an employee's
eligibility for overtime compensation in a work day, paid
leaves of absence and unpaid leaves of absence shall be ex-
cluded from the total hours worked. For this purpose, paid
leaves of absences include, but are not limited to the
following:
1.
Vacation
2.
Holiday Leave
3.
Sick Leave
4.
Compensatory Leave
5.
4850 Time
6.
Jury Duty
7.
Military Leave
D. Compensatory Time
In lieu of receiving cash payment for overtime hours, an em-
ployee may elect the option of taking compensatory time off.
Compensatory time shall be earned at the time and one-half
rate for each hour worked. An employee may accrue up to a
maximum of 175 hours (after conversion at time and one-half)
compensatory time. This maximum accumulation also includes
holiday compensatory time.
E. Overtime Authorization
All overtime requests must have prior written authorization
of a supervisor prior to the commencement of such overtime
work. Where prior written authorization is not feasible,
explicit verbal authorization must be obtained. Where verbal
authorization is obtained, written authorization must be ob-
tained as soon thereafter as practicable. Dispatched calls
beyond the end of duty time are considered as authorized. An
employee's failure to obtain prior written approval, or ex-
plicit verbal authorization followed by written authoriza-
tion, will result in the denial of the overtime request.
F. Shift Trades
The practice of shift trading shall be voluntary on behalf of
`.�.' each employee involved in the trade. The trade must be due
to the employee's desire or need to attend to a personal mat-
ter and not due to the department's operations. The employee
providing the trade shall not have his/her compensable hours
increased as a result of the trade; nor shall the employee
receiving the trade have their compensable hours decreased as
a result of the trade. Any premium pay or other extra com-
pensation shall continue to accrue only to the person
originally entitled to the premium pay or extra compensation.
Any hours worked beyond the normal work day will be credited
to the individual actually doing work. "Paybacks" of shift
trade are the obligation of the two employees involved in the
trade. Paybacks are to be completed within one (1) calendar
year of the date of the initial shift trade. Any dispute as
to the Paybacks is to be resolved by the involved employees,
and under no circumstances will the department be obligated
for any further compensation whatsoever to any of the in-
volved employees. The department is not responsible in any
manner for hours owed to employees by other employees that
leave the employment of the City or are assigned other
duties. A record of all initial shift trades and "paybacks"
shall be maintained by the involved employees on forms pro-
vided by the department ("shift trade log.")
If one individual fails to appear for the other (regardless
,"WWI of the reason), the person who was scheduled as a result of
the shift trade will be listed as absent without leave and
may be subject to disciplinary action.
G. Early Relief Policy
The practice of early shift release shall be voluntary on
behalf of each employee involved in the relief. The employee
providing the early relief shall not have his/her compensable
hours increased as a result of the early relief, nor shall
the employee relieved early have their compensable hours de-
creased as a result of the early relief. "Paybacks" of early
relief hours are the sole obligation of the two employees
involved in the early relief. Any dispute is to be resolved
by the involved employees, and under no circumstances will
the department be obligated for any further compensation
whatsoever to any of the involved employees. The department
is not responsible in any manner for hours owed to employees
by other employees that leave the employment of the City or
are assigned other duties.
H. Training Time
Attendance at training school/facilities (including the
academy) which improves the performance of regular tasks and/
or prepares for job advancement are not compensable for hours
in excess of the employee's normal work shift. Any time spent
in excess of the normal work shift will not be counted as
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working time and is not compensable in any manner whatsoever.
Time spent in studying and other personal pursuits is not
compensable hours of work.
I. City Vehicle Use
Except as otherwise herein provided, employees who are pro-
vided with a City vehicle to travel to and from work shall
not be compensated in any manner whatsoever for travel time
to and from work. This provision also applies in those
situations where the radio must be left on and monitored.
J. City Motorcycle Use
Employees assigned to motor duty may, with the approval of
the Director of Public Safety, use the city assigned motorcy-
cle to travel to and from work. Such travel time will not be
compensated in any manner whatsoever (even when the employee
is required to leave the radio on and monitor the radio.)
Any work the employee performs on the motorcycle while away
from the police facility will not be considered hours worked
and will not be compensated in any manner whatsoever.
K. Clothes Changing
Employees are not authorized to wear their uniforms or any
part thereof that is distinguishable as such unless on duty.
Each employee is provided with a locker for their personal
d.✓ convenience. Any employee may or may not utilize the locker
for storage and changing purposes at their own discretion.
Nothing herein prevents an employee from wearing their uni-
form to and/or from their residence to work as long as the
badge and insignia are covered in a non -police issued garment
such as a windbreaker. Employees choosing to wear their uni-
forms covered to and/or from work should not wear their "Sam -
Browne" belt. Time spent in changing clothes before or after
shift, is not considered hours worked and is not compensable
in any manner whatsoever.
L. Call Backs
Call Back duty occurs when an employee is ordered to return
to duty on a non -regularly scheduled work shift. Call back
does not occur when an employee is held over from their
prior shift or is working prior to their regularly scheduled
shift. An employee called back to duty shall be credited
with a minimum of two hours work commencing when the employee
reports to work. Any hours worked in excess of two hours
shall be credited on an hour -for -hour basis for actual time
worked. This provision is to be distinguished from Court pay
which is to be used when an employee is called back to court.
M. Court Time
N%001 When an officer is physically called to court, they shall be
credited on an hour -for -hour basis for the time actually
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spent in court. They shall receive a minimum three (3) hours
for a morning appearance with a minimum three (3) hours for
an afternoon appearance. Travel time shall be included for
\qWP/ any subpoenaed appearance other than to the Torrance
Courthouse.
N. Standby Court Time
An employee who while off duty is on court standby status may
leave a telephone number where they may be reached while on
court standby. Such time is not considered hours worked
under the Fair Labor Standards Act. The employee will
receive straight time pay, up to a maximum of 8.5 hours per
day, for standby during the pendency of the case.
15. INSURANCE COVERAGE
A. LIFE
City shall provide a life insurance policy for each employee,
payable in the amount of $40,000 upon such employee's death.
B. MENTAL HEALTH
City shall make such a plan available to city employees; the
full cost to be paid by the employee.
C. VISION
1..' City shall make such a plan available to city employees; the
full cost to be paid by the employee.
D. HEALTH
City shall provide for Association members a health insurance
plan to include a choice of an indemnity plan with $250.00
deductible or an HMO plan; both plans to include maternity
care and prescription benefits. Current health, or their
equivalent, to remain in force during the term of this MOU.
City shall meet and consult should there be a change in
providers.
City agrees to indemnify the employee for co -pay amounts in-
curred in excess of the level of benefit in effect on Novem-
ber 30, 1990 for the HMO and Indemnity medical plans.
City to pay employee costs and current dependent rate with
any future increased dependent costs to be borne 80% City and
20% employee.
E. DENTAL
City shall provide for Association members a dental insurance
,Nftwo� plan to include a choice of an annuity plan or an HMO plan.
City to pay employee cost and current dependent rate with any
future increased dependent costs to be borne 80% City and 200
employee.
lq .
16. DEFERRED COMPENSATION
City agrees to make available to all employees in the Unit the
citywide Deferred Compensation Plan. All participants being then
eligible to vote on decisions of the Deferred Compensation Com-
mittee. Members of the Association may participate in either of
the Deferred Compensation plans provided for City employees.
17. SALARY CONTINUATION PLAN
Management agrees to contribute for each member of the Unit, the
sum of Fourteen and 40/100 dollars ($14.40) per month per person
toward the purchase of a Long Term Disability plan through the
Association. Any cost in excess of this shall be borne by the
Association.
18. RETIREMENT
A. The City shall maintain the 2% @ 50/PERS contract with "ONE
YEAR FINAL COMPENSATION" in effect at the time of this contract.
B. The City will pay the FULL employee's 9% contribution to the
PERS retirement system credited to the employee's portion.
C. Retirement Conversion of Accruals:
1. Upon service retirement from the City, an employee may
elect to receive the cash value of their monthly accrual for
vacation, sick, and holiday comp. included as part of their
base monthly salary in lieu of receiving any further accrual
during their final twelve (12) months of service. No conver-
sion of accruals which were accrued prior to the conversion
period shall be allowed.
2. In addition to "1" above, the employee may elect to
receive the employee's 9% contribution to PERS credited to
base salary. Upon such election, the employee shall commence
payment of the 9% PERS contribution from their salary.
3. In order to be eligible for conversion of monthly ac-
cruals and the PERS 9% provision, the employee must announce
their service retirement twelve (12) months in advance.
4. The value of the converted leave (sick, vacation, holiday
comp.) shall be calculated at the employees regular rate of
I..., pay
5. At no time shall this additional compensation so received
act in any way to increase any other premium pays (e.g. as-
,,ftop, signment pay, longevity pay, etc.) which are computed as a
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percentage of base pay, nor shall the cash value of the ac-
crual conversion be included in the computation of the value
of any accrual cash -outs.
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6. All compensation currently calculated for retirement pur-
poses shall be included in the final year conversion formula.
7. Should PERS change or otherwise amend the stated policy
1VM011 of not allowing the retrospective application of benefits to
salary, the language of Article 22 of the March 1, 1988 MOU
shall be reinstated regarding the conversion of all unused
sick leave.
8. The intent of this article is to increase the employee's
final year compensation for the calculation of service re-
tirement benefits under the PERS.
19. LEAVE OF ABSENCE
Management agrees to allow all employees covered by this MOU to
take a leave of absence without pay, not to exceed 60 days, in
conjunction with, or in addition to, their regular vacation time.
This leave will only be allowed every other year. Timing and
duration of leave subject to approval of the Public Safety Direc-
tor and subject to the needs of the department. Any request for
such leave must be delivered to the Director a minimum of 30 days
in advance. This provision shall not reduce any leave entitle-
ment an employee may have under the Military and Veterans Code.
20. VACATION
Vacation accrual rates shall be as follows:
A. For employees initially hired before May 2, 1984.
1. Upon hire, at the rate of 96 hours/year.
2. Commencing with the 7th year, at the rate of 112 hours/year.
3. Commencing with the 8th year, at the rate of 136 hours/year.
4. Commencing with the 15th year, at the rate of 160 hours/year.
5. Commencing with the 16th year, at the rate of 168 hours/year.
6. Commencing with the 17th year, at the rate of 176 hours/year.
B. For employees hired after May 1, 1984.
1. No accrual during time served as a Police Recruit.
2. Upon graduation from the Academy, or upon hire as a Lateral
Entry, at the rate of 96 hours/yr.
\%ow, 3. At the rate of 112 hours/year commencing with the 7th year
after (2) above.
4. At the rate of 128 hours/year commencing with the 10th year
after (2) above.
5. At the rate of eight additional hours/year commencing with
the 11th year after (2) above to a maximum of 160 hours/year.
C. Each member of the bargaining unit will be required to use
the number of hours accumulated for vacation purposes during
each fiscal year. During the fiscal year, if within ninety
(90) days following completion of the fiscal year the indi-
vidual has not utilized these vacation hours off, they shall
then be paid for them. An individual may accumulate and hold
as unused vacation hours an amount equal to the total number
of hours that can be accrued in an 18 -month period.
21. HOLIDAYS
The following holidays shall be considered as paid:
New Year's Day; Martin Luther King, Jr's. Birthday; Presidents
Day; Memorial Day; Independence Day; Labor Day; Admissions Day;
Veteran's Day; Thanksgiving Day; Day after Thanksgiving;
Christmas Day; Birthday.
Additionally, each employee shall be credited 1.33 hours per
month additional compensatory time. Said time off not to
conflict with departmental scheduling.
22. SICK LEAVE
Sick leave accrual shall be as follows:
1" 1. For all employees initially hired before May 2, 1984:
A. Those employees having less than 176 accrued hours of
sick leave shall accrue sick leave at the rate of 6 hours
per month until their accrual accumulates to 176 hours at
which time their accrual shall be 8 hours per month.
B. A once a year cash -in can be up to 100% of the unused
sick leave as long as at least 176 accrued hours remains
on hand. An employee may accrue a maximum of three hun-
dred and fifty hours (350); thereafter any excess shall
be cashed out. Employees who have more than 350 hours of
sick time on the books as of March 1, 1991 shall be
frozen at that accumulation; any earned sick time in ex-
cess of that amount shall be cashed out.
2. For employees hired after May 1, 1984:
A. Zero during academy.
B. Upon graduation from the Academy or upon hire as a
lateral entry, 4 hours per month for the initial 12
months.
C. 5 hours per month for the next 12 months.
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D. 6 hours per month thereafter and subject to all of (1)
above.
`�••� 3. In the case of serious illness of a member of the immediate
family, the employee may utilize sick leave. Immediate fami-
ly for the purpose of this section shall be defined as:
father; mother; father-in-law; mother-in-law; brother;
sister; spouse; or legal dependent. Employees may predesig-
llmp� nate and substitute other members for those members defined
as "immediate family." The intent of this provision is not
to expand the number of persons included in the definition of
"immediate family" or to increase paid leave opportunities,
but, rather to recognize variation in family structure (e.g.
stepmother for mother).
4. Upon termination from City employment, sick leave will be
paid at the current hourly pay rate, on the following
conditions:
1. One-quarter pay from 5 to 10 years of continuous service.
2. One-half pay from 10 years until termination.
23. BEREAVEMENT LEAVE
Each employee shall receive a maximum of three shifts per calen-
dar year to be utilized for bereavement leave because of a death
in their immediate family. Immediate family shall be defined as
in Article 22 - SICK LEAVE. Said time will not be cumulative
from one twelve month period to another nor will pay in -lieu of
unused leave for bereavement be provided. The Director may grant
one (1) additional shift in the event of an out-of-state death.
24. LONGEVITY PAY
Effective July 1, 1976, all police officers hired after July 1,
1976, will not be entitled to any longevity pay.
25. EDUCATIONAL INCENTIVE COMPENSATION & MAINTENANCE OF BENEFITS
In recognition of formal professional training, obtained from
either an accredited educational institution or through P.O.S.T.
sanctioned training, City agrees to a concept of pay as an ad-
junct to base monthly salary as follows:
1. For employees hired before May 2, 1984:
A. Payable at the rate of 5% above base salary for an Inter-
mediate P.O.S.T. Certificate or A.A. Degree;
Iftow, B. Payable at the rate of 10% above base salary for an
Advanced P.O.S.T. Certificate or a B.A. or B.S. degree;
r.rr C. Payable at the rate of 5% above base salary for employees
who were employed after July 1, 1976 and are employed for
- 13 -
7 years as a sworn peace officer in Hermosa Beach and who
obtain an A.A. degree;
`..•� D. Payable at the rate of 10% above base salary for em-
ployees who were employed after July 1, 1976 and are em-
ployed for 14 years as a sworn peace officer in Hermosa
Beach and who obtain a B.A. or B.S. degree.
\%Wp,, 2. For employees hired after May 2, 1984:
A. Payable at the rate of $150/month for an A.A. degree or
Intermediate P.O.S.T. Certificate.
B. Payable at the rate of $300/month for a B.A. or B.S.
degree or Advanced P.O.S.T. Certificate.
C. Such compensation shall not exceed $300/month.
Employees receiving such compensation are obligated to main-
tain the educational level required for P.O.S.T. Certifica-
tion, at the city's expense and at the direction of the
Police Department.
26. UNIFORM ALLOWANCE
Said allowance for Officers and Sergeants to be $700/year, pay-
able through the regular payroll schedule.
An absence due to sick leave, injury on duty, or leave of absence
without pay, exceeding sixty days (60) days shall result in a
pro -rata reduction in uniform allowance for the time of the
absence.
27. AMMUNITION REPLACEMENT
In addition to the quarterly qualification ammunition, each of-
ficer will be allowed to utilize fifty (50) rounds of ammunition
for their primary duty weapon, at City expense, each month at the
firing range used by the Department. The City will also pay for
the expense of using the range. The ammunition will be used to
practice on an approved course of fire so that officers will be-
come more proficient with their service weapons.
The City will not compensate officers for the time spent to uti-
lize this ammunition. Officers must use the allotted ammunition
each month, it does not accumulate.
28. ASSIGNMENT PAY
A. The City shall pay as Detective compensation two hundred and
twenty dollars ($220.00) per month to each officer assigned
to a detective position. That compensation shall be for the
additional time detectives are "on-call." This sum shall be
'*no, included in total compensation calculations for retirement
purposes.
- 14 -
B. The City agrees to pay the officer assigned as Crime Preven-
tion Officer the sum of two hundred and twenty dollars
($220.00) per month as special duty pay, that sum shall be
`=W included in total compensation calculations for retirement
purposes.
C. The City agrees to pay to each officer assigned to field
training or acting watch commander duties the sum of one dol -
1440, lar eighty eight cents ($1.88) per hour as special duty pay.
That sum shall be included in total compensation calculations
for retirement purposes.
D. The City agrees to pay each officer assigned to Motorcycle
Duty the sum of two hundred and eighty dollars ($280.00) per -
month. This sum shall be payable when on duty, during haz-
ardous duty disability leaves, and during absences from work
of less than one month. This sum shall be included in total
compensation calculations for retirement purposes.
E. It is the intent of these provisions that such assignments
will be for career development, and generally will be limited
to an assignment of twenty-four (24) months. The right to
assign and reassign shall be vested solely with the Director
of Public Safety.
The parties understand and agree that all assignments to ex-
tra -pay positions are temporary assignments, and that of-
ficers will be rotated into and out of these assignments as
part of the department's job enrichment and career develop-
ment program.
In conformity with this understanding, each officer who ac-
cepts an assignment shall sign a statement indicating that
they understand the temporary nature of the assignment.
Nothing herein shall abrogate an employee's appeal rights as
set forth in Government Code Section 3304.
F. The City agrees to pay each Officer assigned to the Police
Service Dog Program as a Police Service Dog handler the sum
of two -hundred and twenty dollars ($220.00) per month. This
amount shall be considered as full compensation for the addi-
tional incidental hours required for the animal's veterinary
care; routine care for the K -91s physical health, welfare and
grooming; daily and routine maintenance to the K-9 patrol
vehicle and field equipment. This sum shall be included in
total compensation calculations for retirement purposes.
Time spent "on-call" shall not be considered hours worked for
FLSA purposes and is not compensated in any manner.
Employees assigned full time to the Department's Police Ser-
vice Dog Program are subject to schedule changes contingent
on meeting Police Dog Program priorities and Department
needs.
- 15 -
29. YEARLY SHIFT CHANGES
Shift changes will be made three (3) times yearly, and patrol
�.✓ officers and sergeants shall be eligible to bid on all shifts
throughout the year. Bidding for shifts and days off will con-
tinue to be made on a seniority basis. An officer will not work
the same shift three consecutive changes without management's
approval.
Management shall be permitted to schedule all new hire officers
for a two (2) year period without regard to seniority.
If exceptional circumstances arise regarding a particular officer
who may be a problem, management may change their schedule and/or
shift preference.
For the term of this MOU, the Agreement regarding interpretation
and/or implementation of this Article 29 dated June 21, 1990 (at-
tached hereto as "Exhibit C") shall be maintained subject to all
mutual protections stated therein.
30. EXTRA JOB SIGN-UPS
Regular officers of the Hermosa Beach Police Department will be
given priority over reserve officers in the assignment of extra
jobs. No restrictions on the number of regular officers who can
sign up for extra jobs shall be imposed. Regular officers will
be compensated for all hours worked on extra jobs at their regu-
lar rate of pay.
To be eligible for an extra job, an officer must have completed
their probationary period. The officer must have signed up for
the job at least five (5) days prior to the date listed on the
job posting. If no regular officer has signed up for the job
five (5) days prior to the listed date, the job may be assigned
to a reserve officer. Available extra jobs will be posted on the
bulletin board at least ten (10) days in advance of the job date.
In the matter of foot patrol and beach patrol jobs, a monthly
schedule will be posted, when possible, at least five (5) days
prior to the first day of the month. A sign-up list for foot
patrol and beach patrol extra jobs will be posted at least ten
(10) days prior to the date of the job for the following month.
Failure to work a job assignment after having been selected to do
so will be deemed to be a violation of general orders. For emer-
gency reasons, an officer may provide a replacement for the extra
job from one of the other regular officers to cover the assigned
job. For the same reasons, and with the permission of the Divi-
sion Commander, a reserve officer may be used as a replacement in
an emergency situation.
Nothing herein shall prohibit the City from hiring temporary
civilian employees to perform police related duties in the en-
11411� forcement of Municipal Code provisions relating to bicycles and
skateboards. Any additional assignments of temporary civilian
employees shall be subject to the meet and confer process.
- 16 -
31. SHIFT COVERAGE
If for any reason the Police Department cannot meet a minimum
three-person staffing standard requirement, the Department shall
have the right to fill positions with qualified reserve officers.
This may be done only when all regular officers have been con-
tacted to determine their availability to cover the shift or a
portion of the shift which will be understaffed.
32. WATCH COMMANDER SELECTION
The Director of Public Safety shall have the right to establish
criteria for selection of officers to be placed on the Watch
Commander's list. The Director shall select any number to be
placed on the list and may remove officers or add officers to the
list at any time.
33. PERFORMANCE REVIEW
Upon completion of probation, each employee shall thereafter be
reviewed annually; said review to be constructive in nature and
designated to point out areas of strengths, weakness, methods for
improvement, etc.
34. DISCIPLINARY ACTIONS
For the purpose of defining disciplinary actions, the following
definitions shall be applicable:
l..r 1. Disciplinary actions are defined as:
a. Dismissal.
b. Demotion.
c. Suspension.
d. Reductions in pay.
e. Reprimand (written)
2. Reductions in pay are governed by the "Blue Section" of the
Police Manual.
3. Appeals from the disciplinary actions shall only be sub-
ject to the "Blue" section of the Police Manual entitled
"Rules and Regulations."
4. Prior to the commencement of any internal investigation
which is likely to subject the officer to disciplinary
action, the officer shall be advised of their rights pur-
suant to Section 3300, et.seq., of the California Govern-
ment Code as amended. All rights contained therein shall
be applicable to the disciplinary actions and shall be
used as a minimum guideline only.
- 17 -
5. Any reprimand record or other writing containing negative
comments (with the exception of Performance Evaluations)
included in the employee's personnel package is a written
`.r' reprimand.
6. Inclusionary periods as currently set forth in the Police
Department Rules and Regulations shall remain in effect
during this M.O.U.
11.1 The specific changes to Section R18.04 as agreed to
during negotiations and attached hereto as Exhibit "B"
are hereby incorporated into the Department Rules and
Regulations (Blue Section).
7. Any officer receiving time off dispensed as a result of
disciplinary action can use either accumulated compensa-
tory time or vacation time at their discretion. However,
when exceptional circumstances arise and the City feels
that it is in the best interest to keep an officer off
duty for a limited period of time (not to exceed five (5)
working days), the City may exercise this right.
35. LAYOFF
Hermosa Beach Municipal Code Section 2-42, as currently enacted,
is the governing provision regarding layoff. However, City fur-
ther agrees that, prior to implementation of any such layoff,
discussions shall be held to explore other alternatives, mitiga-
,q� tion, etc.
It is further agreed that in the event the City should contract
with another agency for provision of police services, the As-
sociation shall receive six (6) months advance written notice
prior to the effective date of any such change.
36. NO SMOKING
The parties agree that the City shall amend its class specifica-
tions for unit positions to provide that employees who become
unit employees after the date this MOU goes into effect shall, as
a condition of their continued employment, refrain from smoking
tobacco or any other non -tobacco substance at any time on or off
duty. Violation of this condition of employment shall be deemed
good cause for dismissal.
37. ASSOCIATION DIRECTORS TIME
A maximum of two Board members shall be allowed to attend out of
town meetings on City time up to and including a cumulative total
of five (5) working days per calendar year provided such out of
town meetings are for purposes of Association business. With the
permission of the Director of Public Safety additional days may
be granted.
- 18 -
38. FURTHER STUDIES
The City and Association, jointly recognize that some matters
need further study and negotiation during the term of the MOU.
It is therefore agreed that the following items will be
addressed:
1. Contracting for participation in the Public Employees'
Medical and Hospital Care Act. Said study will be jointly
conducted and completed by September 1, 1991.
39. DURATION OF CONTRACT
This MOU is effective March 1, 1991 and shall remain in full
force and effect for 12 months thereafter, ending February 28,
1992.
In witness whereof, the parties hereto have caused their duly
authorized represent Ives to execut this Memorandum of Under-
standing this day of 1991.
HERMOSA BEACH POLICE
OFFICERS' S CIATION
Bruce K. PhillW s
President, HBPOA
x
Wallace C. Moore
Secretary, HBPOA
Treasurer, HBPOA
- 19 -
CITY OF HERMOSA BEAC
Kevin B. Northctaft
City ,Manager
Robert A. Blackwood
Personnel Dir --*or
yIn
Steve Wisniewski
Public Safety Director
W
GRIEVANCE PROCEDURES
AiiACNEKf "A"
• FOR
HErQ1OSA BEACH POLICE DEPARTMENT
I.. Purpose of Grievance Procedures
a. To promote improved employee -employer relations by
11"W/ establishing grievance a procedures on matters.
b. To provide that grievances shall be heard and settled
as informally as possible.
c. To enable grievances to be settled promptly and/or
as near to the point of origin as possible.
II. Definition
A grievance is defined as any dispute concerning the
interpretation, intent or application of the written
Memorandum of Understanding or departmental rules and
regulations governing personnel practices or working
conditions applicable to 'employees covered by the
:iemorandum of Understanding. An impasse in meeting
and conferring upon the terms of a proposed tiermorandum
of Understanding is not a grievance.
III.• Conduct of Grievance Procedure
a. An employee may request the assistance of another
person of his own choosing in preparing and prese:•:tii -T
his grievance at any level of review, or may be
represented by a recognized employee organization,*
or may represent himself.
4�
III. b. Tho employee and his representative, if any, may
use a reasonable ar.�ount of work time, as determined
by the appropriate Division Cornander, and a
Police Association Board Representative, in
conferring about and presenting a grievance.
e. Any grievance relating to the retroactive status of
monetary or fiscal matters shall be limited to the
date of filing of the grievance in writing, except in
such cases where it would be impossible for the
• employee to have prior knowledge of an accounting
error, or where the error is departmentally or
City caused.
d. The time limits specified may be extended to a
definite date by mutual agreement of the employee
and the reviewer concerned.
e. Employees shall be free from reprisal for using
the grievance procedure.
-2-
IV. Hatters subject to Grievance Procedure
Full-time employees having probationary or permanent
status may process a personal grievance on one, or
more than one, of the following grounds.
a. Improper application of rules, regulations and
''W' procedures.
b. Unfair treatment, including coercion, restraint,
or reprisal.
e. Reduction in force action - layoffs.
d. Promotion procedures implemented unfairly.
e. Classification of position.
f. Non -selection for training opportunities.
g. Discrimination because of race, religion, color
creed, or national origin.
h. Any matter affecting an employee's work schedule,
fringe benefits, holidays, vacation, sick leave,
retirement, performance, rating, a change in
classification, salary, work assignment, or any
other matter affecting wages, hours or working
conditions.
i. Discharge, demotion, or suspension.
J. Individual disputes over the intents or applicati :)n:
of the provisions of the most recent official'&y
signed agreement between the City and their
recognized employee representatives.
Probationary employees may file grievances under all of
the above, but not as applied to their performance ratir.
�r or dismissal.
-3-
V.
\RU..1
Grievance Procedure
a. Step one - Informal Process
An employee must attempt first to resolve a grievance
through discussion with his immediate supervisor with-
out undue delay on an informal basis. I f , after such
discussion the employee does not believe the problem
has been satisfactorily resolved, lie shall have the
right and obligation to discuss it with his supervisor':
immediate superior, if any, and his department head if
necessary. Every effort shall be made to find an
acceptable solution by these informal means at the
most immediate level of supervision. At no time may
the informal process go beyond the department head
concerned. In order that this informal procedure may
be responsive, all parties involved shall expedite this
process. In no case may more than fifteen (15) calendar
days elapse from the date of the alleged incident or
action and the resolutions of the grievance or com-
pletion of the informal process. said grievance shall
be.considered waived if not so presented to the im-
mediate supervisor within fifteen (15) calendar days
following . the day during which the event upon whic'n
the grievance is based occurred.
Step Two - Formal Process - Management Supervisor
If the grievance is not rgsolved through the informal
process, the employee shall have the right within ten
(10) working clays from the decision or completion of
the informal process to file the grievance in writing
on a specified form and present it to his Division
Commander. The Division Commander shall discuss the
grievance with the employee and shall render a
-4-
\..r
1..r/
v. Grievance Procedure
decision and comments in writing and return them to the
employee within ten (10) working days after receiving
the grievance. Failure of the grievant to serve such
written notice ten (10) calendar days following the
termination of the informal step shall constitute a
waiver of the grievance.
Step Three - Formal Process - Department Read
If the grievance procedure is not resolved at Step 2
and the employee is notified in writing, the employee
may, within the next five (5) working days present the
grievance in writing to the department head. In the
event that no written response is given to the employee
within ten (10) working days from the date of submission
of the written grievance, the grievance will be as-
sumed to have been valid and the employer will take
steps to correct that problem. Failure of the em-
ployee to take appropriate action within the pres-
cribed time periods will be deemed to constitute
termination of the grievance. Failure of the en-
ployer to respond within the time provided will be
deemed to be an admission as to the validity of the
grievance and will require affirmative action to
correct the grievance. The department head shall
render his decision and comments in writing within
five (5) working days f rom' the date of receipt of
the grievance and return them to the employee within
that time.
-5-
V. Grievance Procedure
Step Four - Advisorl Arbitration
a. If the grievance is not resolved in Step 3 the employee
may within five ( 5 ) working days, present the grievance
in writing to the City Manager or his designate for
processing. Failure of the employee to take this
action within five (5) working days from the date of
receipt of -rejection of -the grievance in Step 3 will
be deemed to constitute a termination of the grievance.
b. The scope of the advisory arbitration of grievance shall
include all of the grievable matters as set forth in
Section 4 of this procedure. An exception would be
those matters that by Peoples Ordinance NS 211 must be
adjudicated by the Hermosa Beach Civil Service Commis-
sion. All other grievances shall bypass Step 4 of the
grievance procedure and go to .the Step 5 procedures.
An employee who chooses advisory arbitration shall be
deemed to have made a choice between the Civil Service
Board of Review and arbitration and, therefore, may not
seek two hearings on the same grievance.
c. As soon as possible, and in any event not later than
ten (10) work days after either party received written
notice from the other of the desire to arbitrate, the
parties small agree upon an arbitrator unless externa.
VP
constraints prohibit compliance, whereupon the earliest
10' date available shall apply.
-6-
V. Grievance Procedure
d. Arbitrator shall be selected from a list of seven
(7) arbitrators from within two (2) working days.
If a mutual agreement cannot be reached at a meeting
of the two parties as -to selection of an arbitrator,
then each party shall strike off a name from the
list on an alternating basis until one name remains,
which person shall become the arbitrator. The City
shall have the first opportunity to strike a name
from the list of seven (7) arbitrators. The priorit
of striking names shall alternate from one party to
the other each time advisory arbitration is invoked
by the same parties.
e. Any arbitrator appointed must be familiar with em-
ployee/management relations in public employment.
f. The arbitrator shall hold such hearings and conduct
such proceedings as may be necessary, but such hear-
ings and proceedings shall be conducted in an ex-
peditious and confidential manner with the involved
parties only. Employees called as witnesses shall
be released from duty as needed.
g. The rules of conduct of proceedings shall be ac-
cording to those procedures utilized by the Ar-
bitration Service.
h. The findings of fact and the recom.andations of t.
• arbitrator shall be transmitted to the involved
`✓ parties and the City Administrator.
`%0001
-7-
;limp/
V. Grievance Procedure
i. The fees and expenses, including the malting of the
record of the arbitrator, shall be borne equally by
the parties. Calling -of the witnesses by either
party shall be done with a reasonable amount of
restraint. An excessive use of witnesses will
necessitate the cost of loss of work time to be
Paid by the party calling the witnesses. A
decision of the arbitrator may be requested by
either party as to whether there may have been
an excessive use of witnesses.
J. The arbitrator shall have no power to alter, amend,
change, add to, or subtract from any of the terns
of the Memorandum of Understanding. The decision
of the arbitrator shall be based solely upon the
evidence and arguments presented to him by the
respective parties in the presence of each other.
k. The decision of the arbitrator shall be final upon
the parties to the dispute unless either party,
within 60 days after the final written decision of
the arbitrator is personally served upon the party,
causes to be filed in a court of competent jur:-
sdiction a complaint to review all or any part of t
proceeding, upon litigation, the entire matte. sh 1_
be reviewed and a trial de novo held. '
-8-
• ' P9.111
v.
Step Five - Final - Process - City Zlanage='-
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_ �.�'��==�'•
'�
• If the grievance* cannosolved -Step 346
,
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• �.� - -'�•�`' : -
•�
• ersployee may the ter subnut the' matter to Sit • t
' ��! t.•• _ .� •.+yt
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�•
•.i 'Z• ��ar - • . �� ' - �V•. • .. _'� .•. ••+••r••'l���►. r•r!• ♦ ice.»
'••� ty-•�*j.•:•�+�-• ' ••A: f �1[►.'rte' • •.' �- , ' • '•• ,. :'•sir !•wsi�,•. ♦ `. f.
%.4104,`
•rt+�.�
iana erg or his' ro rl•'• a anted re resen'tative-for
�:
.:i,...�': fir.;_'...--
•� •...
:" :r �;:' .. "'-•`;'.; i".:'r. •_ '•' - `'3;i.y. i- '
•the
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purposes of obtaining his review -and' settlement of
'-
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•• "
the grievance. Thereafter the City Manager or. hi's
.;
. ' •
designated representative shall, in all' non=arbitrable
cases,, review the matter and render a decision in
writing to the parties within fifteen (15) calendar
.*::.
..1•ti•ays..—. .' •►.♦
- ••rr
Breit •- ..' _ .. .:�.
'days from thte date of r p : •
••
-
....
mss'
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.-r:
• • ',. - - ::;�.,
R18.04 Police Department Vehicles - ccidents, Damage
.1 Traffic accidents or damage involving Departmental Vehicles
shall be reviewed by the Traffic Accident Review Board in
accordance with the policy governing investigation of
accidents and damage. The Review Board shall classify
the accident or damage and present their findings to the
Chief of Police. The Chief of Police shall take immediate
action on the findings of the Board.
Penalty_ Minor Accidents
First Offense: Oral Reprimand
Second Offense: Written Reprimand
Third Offense: One (1) Day Suspension
Fourth Offense: Three (3) Days Suspension
Inclusionary Period: One (1) Year
Penalty - Moderate Accidents
First Offense: One(1) Day Suspension
Second Offense: Three(3) Days Suspension
Third Offense: Five(5) Days Suspension
Inclusionary Period: Two (2) Years
Penalty - Major Accidents
First Offense: Two(2) Days Suspension
Second Offense: Five (5) Days Suspension
Third Offense: Ten (10) Days Suspension
Inclusionary Period: Three (3) Years
u
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