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HomeMy WebLinkAboutRES-91-5454 (MOU/HB POA & COMMAND)i i 3' 4 `..� 5 6 7 8 9 30 11 12 13 14 ,Nft� 15 16 17 18 19 20 21 22 23 24 25 26 27 � 28 RESOLUTION NO. 91- 5454 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 COMMANDERS' BARGAINING UNIT. WHEREAS, the Hermosa Beach Police Commanders 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 Commanders' 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 adoption thereof in the records of the proceedings of the I%W� lft� 11 2 3 4 5 6 7 8- 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 City Council of said City in the minutes of the meeting at which time same is passed and adopted. PASSED, APPROVED and ADOPTED this 11th day of June, 1991. PRESI ENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST: City Clerk APPROVED AS TO FO ':224'1. � City Attorney 'v/ 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. 91-5454 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. �..f The vote was as follows: AYES: Creighton, Sheldon, Wiemans, Mayor Midstokke NOES: Essertier ABSENT: None ABSTAIN: None DATED: June 25, 1991 I 0)a&tx &_ Deputy City Clerk - T - ka anoao oHiHivouva sxaaHvmoo aoiaoa NOIIVIOOSSK a SHaOIaaO aDIUOa HOVas VSOKHaH aHs 2�9 aasNtasa21aa21 SaaAOZaNa 2103 SNIOIZIQN OD ONIIXHOM aN V ' SaOVM ' SHflOH aHs HIHOa ONIISZaS ONIIQN VISHaaNIl1 ao XnUN VHOKaX 'IVI HOJ K HOVHR KSOXHRH ao AMID sxiaimms iaaxn ao xnammoxax Z 6 6 T ' 6 Z AHVII' gad - T 6 6 T 'T HOHYX /"°N MEMORANDUM OF UNDERSTANDING FOR THE POLICE COMMANDERS BARGAINING GROUP 1.� 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 1. Effective March 1, 1988, the titles of Police Captain and Police Lieutenant are hereby abolished and replaced with the ti- tle, "Police Commander." 2. Current incumbents in the classification of Police Lieutenant and Police Captain shall be reclassified as Police Commander, a civil service designated position. Such reclassification shall not operate to divest incumbents of any vested property right in their jobs. The new job description is attached as Attachment "B n 3. For the purposes of comparison in all matters and issues af- fecting the department's classification of Police Commander, in- cluding wages, hours, and terms and conditions of employment, the classification of Hermosa Beach Police Commander shall be equated to and/or considered the same as that of a Police Captain in municipal agencies with similar duties and responsibilities. However, such comparison shall not mandate change or the matters, issues, wages, terms and conditions of employment. 4. 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- sification of Police Commander of the City of Hermosa Beach. 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 - 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. 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. 5. NON-DISCRIMINATION `%WO/ 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. 6. 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 the selection, promotion, or transfer of employees. - 3 - 015 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 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 laws. 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. 7. 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. - 4 - S. 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 to existing understanding or agree- ments by the parties whether formal or informal, regarding any 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. 9. GRIEVANCE PROCEDURE The Grievance Procedure is attached as Exhibit A and incorporated herein by reference. 10. WORK SCHEDULE Police Commanders shall have the choice of working a ten (10) hour day, four (4) days per work week; or an eight (8) hour day, five (5) days per work week. 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 agreement, the City shall revert to the 5/8 plan in effect prior to the ex- perimental work plan. In the event of an emergency situation, the City may cancel, al- ter or amend the work schedule as necessary immediately. 11. COMPENSATION - METHODS OF COMPENSATION N"Wo; 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. - 5 - 3. Base hourly salary shall be considered the rate of pay for a particular classification without consideration of any other form of compensation. 1.s' 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. In the cases of exceptional merit, and upon the recommenda- tion of the Department Director, an employee may, with the approval of the City Manager, be advanced a step within the salary range at other than one year intervals. Such advancements shall establish a new anniversary date for future advancements. Merit increases shall be effec- tive at the beginning of the next pay period (1st or 16 of month) . b. Upon the successful and satisfactory completion of twelve (12) months service, employees shall be advanced one step within their range and yearly thereafter until the maxi- mum within the range achieved. 3. 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. 12. BASE SALARY Effective March 1, 1991, the base salary range for the clas- sifications in the bargaining unit shall be increased by 4% com- puted on the salary range in effect February 28, 1991. Addition- ally, an increase of 2.5%, computed on the base rate in effect February 28, 1991, shall be added to the range for conversion of Merit Pay (see Article 27). Effective September 1, 1991, the base salary range for the clas- sifications in the bargaining unit shall be increased an addi- ,%woo, tional 4% computed on the salary range in effect February 28, 1991 and added to the range effective March 1, 1991. Z� STEP: A B C D E Effective March 1, 1991 ---- 4782 5021 5272 5536 Effective Sept. 11 1991 ---- 4962 5210 5470 5744 13. EXEMPT EMPLOYEES `,,, The Classification of Police Commander is designated as exempt under FSLA. 14. INSURANCE COVERAGE A. LIFE City shall provide a life insurance policy for each employee, payable in the amount of $50,000 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 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 annuity plan with $250.00 de- ductible or an HMO plan; both plans to include maternity care and prescription benefits. Current health, or their equiva- lent, 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 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 20% employee. - 7 - 15. DEFERRED COMPENSATION City agrees to make available to all employees in the Unit either of the citywide Deferred Compensation Plans. All participants being then eligible to vote on decisions of the Deferred Compen- sation Committee. 16. 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. 17. 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 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 111" 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 of their retirement date. 4. The value of the converted leave (sick, vacation, holiday comp.) shall be calculated at the employee's regular rate of pay. 5. At no time shall this additional compensation so received act in any way to increase any other premium pays (e.g. as- signment pay, longevity pay, etc.) which are computed as a percentage of base pay, nor shall the cash value of the ac- crual conversation be included in the computation of the value of any accrual cash -outs. - 8 - 6. All compensation currently calculated for retirement pur- poses shall be included in the final year conversion formula. '�..r 7. Should PERS change or otherwise amend the stated policy of not allowing the retrospective application of benefits to salary, the language of Article 21 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. 18. 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 is subject to approval of the Public Safety Director and subject to the needs of the department. This pro- vision shall not reduce any leave entitlement an employee may have under the Military and Veterans Code. 19. 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. At the rate of 96 hours/year commencing with appointment. 2. At the rate of 112 hours/year commencing with the 7th year after (1) above. 5. At the rate of eight additional hours/year commencing with the 11th year after (1) above to a maximum of 20 days/year. 6. At the rate of eight additional hours/year commencing with the lith year after (1) above to a maximum of 20 days/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. ,tame 20. HOLIDAYS The following holidays shall be considered as paid: New Year's Day; Martin Luther King, Jr's Birthday; Presidents ,*Moo, Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; Christmas Day 21. SICK LEAVE Sick leave accrual shall be as follows: 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 June 1, 1988 shall be frozen at that accumulation; any sick time in excess 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. D. 6 hours per month thereafter and subject to all of (1) above. 3. Upon termination from City employment, sick leave will be paid at the current hourly rate, on the following conditions: A. One-quarter pay from 5 to 10 years of continuous service. B. One-half pay from 10 years until termination. 4. 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; - 10 - sister; spouse; or legal dependent. Employees may predesig- 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). 22. 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 21 - 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. 23. MANAGEMENT LEAVE Police Commanders shall be allowed 50 hours of additional leave each calendar year in addition to the fixed holidays and bereave- ment leave. Management leave does not accumulate or carry over, it must be used each year. The current practice of earning com- pensatory time (with exception of the regular monthly accrual) shall continue during the term of this Memorandum of Understand- ing. 24. EDUCATIONAL REIMBURSEMENT The City agrees that Police Commanders who desire to enroll in training and academic courses that may provide the employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances pro- motional opportunities, shall have their course fees (up to CSU rate), books, materials, and tuition (CSU rate) paid by the City, in advance, subject to the approval of the City Manager. The employee will reimburse the City for all expenses if the employee fails or does not complete the courses. 25. UNIFORM ALLOWANCE Said allowance for Police Commanders to be $600 per year, payable through the regular payroll schedule. An absence due to sick leave, injury on duty, or leave of absence without pay, exceeding sixty (60) days shall result in a pro -rata reduction in uniform allowance for the time of the absence. 26. AMMUNITION REPLACEMENT In addition to the quarterly qualification ammunition, each of- ficer will be allowed to utilize fifty (50) rounds of ammunition 1%00, 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. lftwl� 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. 27. PERFORMANCE EVALUATION AND MERIT PAY *no,, A. Effective March 1, 1991, +2.5% of the existing +7.5% merit pay shall be converted to base salary. B. Effective March 1, 1991, merit pay shall be in the amount of 0% to +5% of monthly salary, payable bi-annually, in January and July. C. Police Commanders will be eligible to receive merit pay based upon performance. Participation in the merit pay program shall be voluntary. D. Police Commanders who wish to participate in the program shall meet with the Director of Public Safety in a timely fashion, and in no event later than ten (10) working days prior to the beginning of a merit period, to discuss and agree upon a set of goals and objectives. It is intended that these goals and/or objectives be other than the regular duties and responsibilities of the employee's regular assignment. elft' E. To be eligible for payment of merit pay, the participating Commander must submit a final summary report regarding the accomplishment of the agreed upon goals and/or objectives no later than ten (10) working days prior to the completion of the merit evaluation period. F. A merit pay performance evaluation and personnel action shall be completed and presented to the employee no later than ten (10) working"days following receipt of the summary report. In the event that this is not accomplished within the es- tablished time frame, the employee shall be entitled to receive the full 5% merit pay. G. Prior to the implementation of this Article, the Director of Public Safety shall meet with the members of the Police Commanders Bargaining Unit for the purpose of agreeing upon the format for the merit evaluation and the factors to be considered by the Director in the evaluation of goals and/or objectives for the purposes of awarding merit pay. 1%00, H. This provision is not subject to the grievance process, the discipline process, or any other type of appeal process. However, violation of any of the above procedures is subject to the grievance process. S..0' - 12 - 28. DISCIPLINARY ACTIONS For the purpose of defining disciplinary actions, the following �..►' definitions shall be applicable: 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 Government Code as amended. All rights contained therein shall be applicable to the disciplinary actions and shall be used as a minimum guideline only. 5. Any reprimand record or other writing containing negative comments (with the exception of Performance Evaluations) included in the employees personnel package is a written reprimand. 6. Inclusionary periods as currently set forth in the Police Department Rules and Regulations shall remain in effect during this M.O.U. The specific changes to Section R18.04 as agreed to during negotiations and attached hereto as Exhibit "C" 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, `wo/ 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. `.►, - 13 - 29. 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, dis- cussions shall be held to explore other alternatives, mitigation, etc. 11400, 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 notice prior to the effective date of any such change. 30. 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 March 1, 1988 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. 31. ANNUAL PHYSICAL A. Effective March 1, 1991, all employees covered by this agreement shall be provided with a complete physical examination (participation is voluntary) according to the ,%Moo, following schedule: 1. Every two (2) years up to and including age 38; 2. Annually at age 39 and thereafter. B. Said physical to be at a location of the City's choice and at the City's expense. C. The physical exam is to include at least the following: Review of medical history, physical examination; Uninalysis; VDRL; X -Rays (Chest PA, Lumbar Spine and Cervical) only if indicated; Blood groupings, CBC, Chem Panel 17; EKG and Treadmill; Lipid Analysis; Pulmonary Function Test; Hearing test; Strength and Flexibility testing. D. The employee shall sign a medical release form authorizing the medical facility to forward results of the physical to the Personnel Director to be eligible for this benefit. 32. FURTHER STUDIES The City and Association, jointly recognize that some matters need further study and negotiation during the term of. the MOU. ,%we, It is therefore agreed that the following items will be addressed: - 14 - 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. 33. DURATION OF CONTRACT This MOU is effective March 1, 1991 and shall remain in full �.d force and effect for 12 months thereafter, ending February 29, 1992. I%W� NW..i In witness whereof. the parties hereto have caused their duly execute this Memorandum of Under - day of , 1991. Commander Jo4n J. Mebqud Commander MichaelJ L in Commande - 15 - CITY OF HE OSA PEACH evin B. Northcr t City Manager Robert A. Blackwood Per onnel D' rector Steve Wisniewski Public Safety Director GRIEVJU;CE PROCEDURES A1TaCNrEIYT "A" FOR HEItI`IOSA BEACH POLICE DEPARTITNT I.. Purpose of Grievance Procedures a. To promote improved employee -employer relations by 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 \%WW, regulations governing personnel practices or working conditions applicable to'employces covered by the Memorandum of Understanding. An impasse in meeting and conferring upon the terms of a proposed Memorandum of Understanding is not a grievance. III.• Conduct of Grievance Procedure a. An employee may request the assistance of another parson of his own choosing in preparing and presen tiiZ his grievance at any level of revio%4, or may be represented by a recognized employee organization,• or nay represent himself. III. b. The employee and his representative, if any, may use a reasonable an. cunt of work time, as determined by the appropriate Division Cor.mander, and a Police Association Board Representative, in conferring about and presenting a grievance. C19 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. 10 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. WA IV. hatters Subject to Griovance Procedure Full-timo employees having probationary or pernanent status may process a personal grievance on one, or more than one, of the following grounds. a. Improper application of rules, regulations and procedures. b. Unfair treatment, including coercion, restraint, or reprisal. c. 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 application. of the provisions of the most recent official3y signed agreement between the City and their recognized employee representatives. fp Probationary employees may file grievances under all of the above, but not as applied to their performance ratir or dismissal. -3- `a..d n5 ve 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. If, after such discussion the employee does not believe the problem has been satisfactorily resolved, he small 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!: 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 -d- r5 Emi V. Grievance Proccouro 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 IIead 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. - player to respond within the time provided will be deemed to be an admission as to the validity of the grievance and will require of f irm. ative action to correct the grievance. The department head shall render his decision and comments in writing within five (5) working days f romo the date of receipt of the grievance and return them to the employee within that time. -5- V. Grievance Procedure Step Four - Advisort Arbitration 1"001 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 '"W" processing. Failure of the employee to take this action within five (5) working days from the date of receipt of - re jectioh 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 Aust be adjudicated by the Ilermosa Beach Civil Service Commis- . r cion. All other grievances shall bypass Step 4 of the dI 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 shall agree upon an arbitrator unless externa. constraints prohibit compliance, whereupon the earliest date available shall apply. -b- `=0� on 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. as 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 aorvi c©. h. The findings of fact and the recor.Qnendations of t. i • arbitrator shall be transmitted to the involved parties and the City Administrator @ -7- v. Grievance Procedure i. The fees and expenses, including the making 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 ,"up, restraint. 11n excessive use of witnesses will necessitate the cost of loss of work tine 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, an -end, 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 I_ be reviewed and a trial de novo held. fA -8- P9.111 v. Step Five - Final • Process - City tanager ♦�• • _ •'. --•�'• • ' �'-- • Zf 'the grievance %cannot be resolved atZtep 3, :tfie r-�' : • -'•-- •`� • ' � employee may thereaf ter submit the' matter to the:- •"''•' r.• - ..•r :• f -l• y' ,yr+1_ -� • � ,• .tel :•..r.•�I • _ ��►•« Manager• his' appo31 inted �• ; _ -•, _ :. . . or properly representat t • •► ,; �;'r .• • � ; ` :.. ---_ !•. •. .:. • :r •T•�, • ... "'- `-�:�' � ��' -`.' :. :' `. � •• :��•;.C;i`: .. '��`. ' is - �� - == '- • -'- the purposes' of obtaining his review-and'-settlerjent of ' •- the grievance. Thereafter the City Manager or. his �• . - • designated representative shall, in all non; arbitrable •" ' : - cases, review the matter and render a decision in writing to the parties within fifteen (15) calendar days from tate date of receipt. : - .... t. •rt • :.• '-: .•' >• •.�- - . .. -� - - .. . .t. �1 �.�• Nom••~1 �� _ . • �- f •pie-. . - •.. - •' • �� • . • ••. ••yi.-. • • _ • . _ •. .-' -� .. - .. .• -r • s-'�• : • •• j' . iii • _ �V �ti .- -.:. ` • • „ :.:.•'ice • �; •-. - - • �.. �' - .. - - . POLICE COMMANDER ,%MOW DEFINITION ATTaC, MW "8" _Under general direction of the Director of Public Safety,plans and directs the activities of a major division of the Police Department; participates as a member of the police management team in the consideration of departmental ,"Noo, problems and issues; and performs related duties as required. REPRESENTATIVE DUTIES Assigns, directs, reviews, supervises, manages, coordinates, and evaluates the work of police personnel in a major division of the department (Patrol, Support Services, Staff Services, or Administration). Duties vary dependent upon departmental division assigned, but may include such duties as: oversees the community crime prevention/education program; manages and directs jail opera- tions; manages and directs the operation of data processing and communications; directs and reviews all work of subordinates; acts as staff liaison to city com- missions and boards; participates as a member of police management team in the formation of departmental policy, procedures, rules and regulations; provides information to the public on police activities and handles citizen complaints; makes recommendation for purchase and/or procurement of department equipment and supplies; conducts administrative investigations as directed by the Director of Public Safety; manages and coordinates all training activities for department personnel; performs a variety of administrative duties including budget prepara- tion, staff reports, grant management and staff reviews; manages and directs the control and custody of evidence and property; directs preparation of criminal `..,1 cases for presentation to the district attorney for appropriate disposition; manages and directs patrol shifts; manages and directs the work of part-time and volunteer personnel; manages and directs the activities of special units such as traffic enforcement and beach patrol; assists in selection, hiring, development, evaluation, and disciplining of personnel; maintains liaison with community groups and agencies; and provides general administrative assistance to the Director of Public Safety. REQUIREMENTS Completion of two years of college, advanced POST certificate and three years of supervisory experience at the sergeant level or two years supervisory experience at the Lieutenant level, plus four years experience as a police officer in a municipal police department. 1 • - • 1 11 1 ' -I 1 ' L - .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. 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 `"MW 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