HomeMy WebLinkAboutRES-93-5650 (MOU/HBPD OFFICERS & SGTS.93)1
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RESOLUTION NO. 93-5650
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 OFFICERS
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
A"; 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 December 14, 1993, and to be
effective for the period March 1, 1993 through and including
September 30, 1994.
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 ADOPTEE this 14th day ofDecember,
1993. //
PRESIDENT
e City Council a MAW -GF
Hermosa Beach,/al
Cifornia
ATTEST:
V
City Clerk
APPROVED AS TO FORM:
�/�
l�C�t '/ j -, City Attorney
of
1-�
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. 93-5650 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 place thereof on December 14, 1993.
The vote was as follows:
AYES:--- �-Benz, Bowler, Oakes, Reviczky, Mayor Edgerton
-,NOES : - None
ABSTAIN: _ None
ABSENT: .None
DATED: December 16, 1993
Deputy City Clerk
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60
MEMORANDUM OF UNDERSTANDING
� 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.
� 3. SCOPE is 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.
1�
u
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.
5, 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 Sill
of Rights, and other statutory law.
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.
9. FULL UNDERSTANDINGS 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; the 4/10 plan for of -
,ft, ficers 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.
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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.
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.
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13. BASE SALARY
Effective March 1, 1993, the base salary range for the clas-
sifications in the bargaining unit shall be:
Step: A B C D
POLICE OFFICER 2999 3149 3307 3472
POLICE SERGEANT 3508 3683 3868 4061
Effective December 1, 1993*:
Step A B C D
POLICE OFFICER 3017 3167 3326 3492
POLICE SERGEANT 3525 3702 3887 4081
(* Effective 12/01/93 $20 added to salary due to POA pick-up of
administration of Long Term Disability insurance coverage)
14. OVERTIME PRACTICES
A. 7K Exemption - The City of Hermosa Beach has exercised its
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.
'",,r
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
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
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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'
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
'Amo) 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
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
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shift, is not considered hours worked and is not compensable
in any manner whatsoever.
114� 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
When an officer is physically called to court, they shall be
credited on an hour -for -hour basis for the time actually
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
any subpoenaed appearance other than to the Torrance
Courthouse.
N. Standby Court Time
L..� 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
City shall make such a plan available to city employees; the
full cost to be paid by the employee.
D. HEALTH
Cit shall '
City provide for Association members a health insurance
plan to include a choice of an indemnity plan with $250.00
deductible or an HMO plan; both plans to include maternity
care and prescription benefits. Current health, or their
equivalent, to remain in force during the term of this MOU.
City shall meet and consult should there be a change in
providers.
City agrees to indemnify the employee for co -pay amounts in-
curred in excess of the level of benefit in effect on Novem-
ber 30, 1990 for the HMO and Indemnity medical plans.
City to pay employee costs and current dependent rate with
any future increased dependent costs to be borne set City and
20% employee.
E. DENTAL
City shall provide for Association members a dental insurance
plan to include a choice of an annuity plan or a HMO plan.
City to pay employee cost and current dependent rate with any
future increased dependent costs to be borne 80$ City and 20%
employee.
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 -
'"WW mittee. Members of the Association may participate in either of
the Deferred Compensation plans provided for City employees.
17. SALARY CONTINUATION PLAN
Effective December 1, 1993 the POA assumes all responsibility for
the provision/administration of, and premium payment for, the LTD
plan, the City's contribution of $14.40/month/employee toward the
LDT plan shall cease and'the base pay of the Officer and Sergeant
classification shall be increased by $20.00/month.
18. RETIREMENT
A. The City shall maintain the 2% @ 50/PERS contract with "ONE
YEAR FINAL COMPENSATION" in effect at the time of this
contract.
B. DELETE
C. The City will pay the FULL employee's 9% contribution to the
PERS retirement system credited to the employee's portion.
C. Retirement Conversion of Accruals:
1. Upon service retirement from the City, an employee may
`..� elect to receive the cash value of their monthly accrual for
vacation, sick, and holiday comp. included as part of their
base monthly salary in lieu of receiving any further accrual
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during their final twelve.(12) months of service. No conver-
sion of accruals which were accrued prior to the conversion
period shall be allowed.
2-. In addition to "1" above, the employee may elect to
receive the employee's 9% contribution to PERS credited to
base salary. Upon such election, the employee shall commence
payment of the 9$ 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
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 conversion be included in the computation of the value
of any accrual cash -outs.
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
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.
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.
141m� 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.
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. 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
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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.
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-
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 a death which requires
extended travel.
24. LONGEVITY PAY
Effective March 1, 1993, upon commencement of 21 years service as
a sworn police officer in Hermosa Beach, employee will receive an
additional 5% base salary.
13 -
25. EDUCATIONAL INCENTIVE COMPENSATION i MAINTENANCE OF BENEFITS
�.r✓ In recognition of formal professional training, obtained from
either an accredited educational institution or through P.O.S.T.
sanctioned training, or a combination of both, City agrees to a
concept of pay as an adjunct to base monthly salary for achieving
various levels of professional proficiency certification 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;
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;
C. Payable at the rate of 5% above base salary for employees
who were employed after July 1, 1976 upon commencment of
5 years as a sworn peace officer in Hermosa Beach and who
obtain an A.A. degree or P.O.S.T. Intermediate
Certificate;
D. Payable at the rate of 10$ above base salary for em-
ployees who were employed after July 1, 1976 and commenc-
ment of 14 years as a sworn peace officer in Hermosa
Beach and who obtain'a B.A. or B.S. degree or P.O.S.T.
Advanced Certificate.
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; $300/month for a B.A.
or B.S. degree or Advanced P.O.S.T. Certificate, until
commencement of their 5th year of service with the City,
then revert to schedule 1 above.
B. Until commencement of the employees 5th year, such
compensation shall not exceed $300/month.
Employees receiving such compensation are obligated to
maintain the educational level required for P.O.S.T.
Certification, 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
1..•/ pro -rata reduction in uniform allowance for the time of the
absence.
- 14 -
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
included in total compensation calculations for retirement
purposes.
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
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-
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
- 15 -
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
FISA 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.
29. YEARLY SHIFT CHANGES
A. There will be four (4) quarterly shift changes per twelve
(12) month period. These quarterly shift changes shall begin
on the first Sunday of the first month of each quarter. The
quarters shall run as follows:
1. June, July, August
2. September, October, November
3. December, January, February
4. March, April, May
Although there will be four (4) shift changes in a twelve
month period, employees shall bid on a semi-annual basis for
two consecutive shifts at a time.
B. For shift bidding purposes, the schedule will be posted on
October 1, for the quarters December -February and March -May
and on April 1 for the quarters June -August and
September -November.
The sign-up schedule will remain posted for thirty (30) days
from the date of posting for employee shift bidding.
Management will then have thirty (30) days to finalize the
schedule in advance of the schedule change.
C. Employees are not mandated to rotate between day and night
shifts. Bidding for shifts and days off shall be made on a
seniority basis. Management will continue to assign new hire
employees to shifts only, without regard to days off, through
completion of their probation.
D. With regard to new hire'employees, following the successful
completion of their probationary period, and provided they
16 -
have worked all shifts in the Patrol Bureau exclusive of
shifts worked while assigned to the Field Training Program,
the employee will be allowed to bid for shift and days off on
a seniority basis.
E. In order to provide scheduling protections to less senior
employees, those without sufficient longevity to bid for an
alternate shift assignment may request, via the Field
Services Division Commander, a shift rotation for one (1)
deployment quarter in a twelve (12) month period.
It shall be the sole responsibility of the junior employee
wishing such a shift rotation to notify the Field Services
Division Commander immediately upon posting of each shift
bidding schedule.
F. In the event that a less junior employee qualifies for a
shift rotation an desires to exercise their prerogative to
rotate to another shift, the employee with the least
seniority in the bidding process who has bid on a shift will
be "bumped" to an alternate shift in order to provide a shift
opening for the junior employee.
The senior employee shall retain the right to select the
deployment quarter in which they will be displaced in the
rotation. All other seniority rights shall remain in full
force and effect.
11%WW 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
17 -
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-
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.
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:
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
- 18 -
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.
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
reprimand.
6. Inclusionary periods as currently set forth in the Police
Department Rules and Regulations shall remain in effect
during this M.O.U.
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
A. Hermosa Beach Municipal Code Section 2-42, as currently en-
acted, is the governing provision regarding layoff. However,
City further agrees that, prior to implementation of any such
lft� layoff, discussions shall be held to explore other alternatives,
mitigation, etc.
B. It is further agreed that in the event the City should con-
tract with another agency for provision of police services, the
Association 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.
19 -
38. DURATION OF CONTRACT
This MOU is effective March 1, 1993 and shall remain in full
force and effect for 18 months thereafter, ending September 30,
19y0: a`Ec�
In witness whereof, the parties hereto have caused their duly
authorized representatives to execute this Memorandum of Under-
standing this Af) Jt-- day of O_ , 1993.
HERMOSA BEACH POLICE —
OFFICERS' ASSOCIATION CITY OF HERMOSA BEACH
[L �eA 4 ¢C_
Wallace Moore
President, HBPOA
Vice President, HBPOA
Secretary, HBPOA
�a,k �1 (=V- -\
,
Treasurer, HBPOA
e enter
At La e, HBPOA
- 20 -
Mary R ey
Int rim City Manager
i
Exhibit A
GRIEVANCE PROCEDURES
FOR
HERMOSA BEACH POLICE DEPARTMENT
I. Purpose of Grievance Procedures
a. To promote improved employee -employer relations by establishing
grievance 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 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 person of his own
choosing in preparing and presenting of his grievance at any level of
review, or may be represented by a recognized employee organization, or
may represent himself.
b. The employee and his representative, if any, may use a reasonable
amount of work time, as determined by the appropriate Division
Commander, and a Police Association Board Representative, in conferring
about and presenting a grievance.
C. 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.
IV. Matters Subiect to Grievance Procedure
\*Mw/ 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 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.
L Discharge, demotion, or suspension.
j. Individual disputes over the intents or application of the provisions of the
most recent officially 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 rating or dismissal.
Exhibit A Police Officers & Sergeants
V. Grievance Procedure
Step One — Informal Process
An employee must attempt first to resolve a grievance through discussion
with his immediate supervisor without undue delay on an informal basis.
If, after such discussion, the employee does not believe the problem has
been satisfactorily resolved, he shall have the right and obligation to
discuss it with his supervisor's 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
completion of the informal process. Said grievance shall be considered
waived if not so presented to the immediate supervisor within fifteen (15)
calendar days following the day during which the event upon which the
grievance is based occurred.
Step Two — Formal Process — Management Supervisor
If the grievance is not resolved through the informal process, the
employee shall have the right within ten (10) working days from the
\%MV, 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 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 Head
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
assumed to have been valid and the employer will take steps to correct
that problem. Failure of the employee to take appropriate action within the
prescribed time periods will be deemed to constitute termination of the
grievance. Failure of the employer 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 from the date of receipt of the grievance and return them to the
employee within that time.
Exhibit A Police Officers & Sergeants
Step Four — Advisory Arbitration
\"or/ 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 Commission.
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 shall agree upon an arbitrator unless external
constraints prohibit compliance, whereupon the earliest date available
shall apply.
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 (7)
arbitrators. The priority 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 employee/management
relations in public employment.
f. The arbitrator shall hold such hearings and conduct such proceedings
as may be necessary, but such hearings and proceedings shall be
conducted in an expeditious 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 according to those
procedures utilized by the Arbitration Service.
h. The findings of fact and the recommendations of the arbitrator shall be
transmitted to the involved parties and the City Administrator.
Exhibit A Police Officers & Sergeants
L 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
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 or alter, amend, change, add to, or
subtract from any of the terms 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 jurisdiction a complaint to review all or
any part of the proceeding, upon litigation, the entire matter shall be
reviewed and a trial de novo held.
Step Five — Final Process — City Manager
If the grievance cannot be resolved at Step 3, the employee may
thereafter submit the matter to the City Manager or his properly appointed
representative for the purposes of obtaining his review and settlement 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 the date of receipt.
Exhibit A Police Officers & Sergeants