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HomeMy WebLinkAboutRES-95-5727 (MOU/POA/OFFICERS & SERGEANT)1 2 3 4 5 6 7 8 9 10 11 12 13 14 "MOP/ 15 16 17 18 19 20 21 22 23 24 25 26 27 \%00-1 28 29 RESOLUTION NO. 95-57 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH CALIFORNIA, TO ADOPT A MEMORANDUM OF UNDERSTANDING WITH 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 Memoranduni`�of Understanding is attached as "Exhibit K; and, WHEREAS, the Employee representatives and the City Manager have mutually agreed to recommend that the Cit Council adopt this Memorandum of Understanding. 9 Y P NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH RESOLVES to enter into said Memorandum of Understanding to be dated March 15, 1995 and to be effective for the period October 1, 1994 through and including June 30, 1997. BE IT FURTHER RESOLVED that the City Clerk shall certify to the passage and among the original adoption of this resolution; shall cause the same to be entered P 9 9 resolutions of said City; and shall make a minute of the passage and adoption thereof in records of the proceedings of the City Council of said City the minutes of the meeting at which time same is passed and adopted. ll ll Il 511 oop •osojod/qej/Eoob6/os!p -Z- RewoIItl RNA' U 1 maozi of se a3noadde e!uaoMlea '43898 eso UOAVW pue Ipounoa AI!; '566 I '4ojeW jo step 4itr 6 s!4l 0 �1S311b� jo Aj!a a4j }o P `M�=Mld a3AOMddV 'a3SSdd 6z 8Z LZ 9Z 9z IrZ EZ ZZ �z oz 66 81. L6 96 96 �6 E6 U LL OL 9 L 9 9 b E z A MEMORANDUM OF UNDERSTANDING FOR THE HERMOSA BEACH POLICE OFFICERS AND POLICE SERGEANTS BARGAINING GROUP 1. PARTIES TO THE MEMORANDUM A. 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 A. 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 classifications of POLICE OFFICER AND POLICE SERGEANT of the City of Hermosa Beach. 3. SCOPE & IMPLEMENTATION OF THE MEMORANDUM OF UNDERSTANDING A. This memorandum of understanding constitutes the joint recommendation of Management and the Association. It shall not be binding 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 Council and the authorized representative for the Hermosa Beach Police Officers Association. 4. MONTHLY MEETINGS A. In the interest of fostering and continuing a spirit and atmosphere 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. -I- B. It is further agreed that the Association and the City Manager shall meet when requested by the Association to best effect implementation of this document. 5. JOB ACTION A. The Association and its members agree that during the tern of this MOU there shall be no strike. B. In the event of an unauthorized strike, the City agrees that there will be no liability on the part of the Association provided the Association promptly and publicly disavows such unauthorized action; orders the employees to return to work and attempts 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. C. 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 A. The City shall not discriminate against any employee because of race, color, age, creed, �.,national origin, sex, disability, 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, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing or closing of facilities, departments, 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 performing 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. -2- 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 training courses during working hours. 26. Determine duties to be included in any job classifications. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any necessary action to carry out the mission of the City in cases of an emergency. A. 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 Memorandum of Understanding, City Personnel Ordinance and Personnel Rules and Regulations, the Public Safety Officers Procedural Bill of Rights, and other statutory law. B. 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 employees of the bargaining unit, the City agrees to meet and confer 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 A. 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 applicable provisions of federal, state or local law, or is otherwise held to be invalid, or unenforceable by any court of competent jurisdiction by final decree, such article, part or provision thereof shall be superseded by such applicable law and the remainder of this MOU shall in no way be affected thereby. 9. FULL UNDERSTANDING, MODIFICATION. WAIVER A. 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 -3- 14500 agreements by the parties whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. En B. Except as specifically provided herein, it is agreed and understood 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. C. 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 executed in writing by all parties hereto, and if required, approved and implemented by the City Council. D. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 10. GRIEVANCE PROCEDURE A. The Grievance Procedure is attached as Exhibit A and incorporated herein by reference. 11. WORK SCHEDULE A. The City agrees to the utilization of the 3/36 plan for all officers and sergeants assigned to patrol, motors and K-9. There will be no payback days during the months of approximately November through April. There will be payback days during the months of approximately May through October. B. The Sergeants and Officers assigned to investigations and administrative positions will work a 4/36 schedule (four nine -hour days/week) during the months of November through April and a 4/40 schedule (four ten-hour days/week) during the months of May through October. C. The exact change over dates from payback to no payback for patrol, motors and K-9 will be determined by the Patrol Commander based upon the current twenty-one (21) day cycle. D. The City may cancel this scheduling plan, without cause, at any time during the tern 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 3/36 schedule in effect prior to October 1, 1994. E. In the event of an emergency situation, the City may cancel, alter or amend the work schedule as necessary, immediately. - 4- Iftopo F. Retroactive credit for payback hours worked between October 1994 and March 1995 will be granted. Said credit shall be placed in an accrual bank and shall (1) have no cash value and (2) must be utilized prior to the expiration of this Agreement (June 30, 1997). G. It is mutually agreed that for the reduction in hours expressed in "A" and "B" above, the City, for market salary comparison purposes only, shall increase base salary 5% as a credit. 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 otherwise 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 (1 st 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 a. An employee who is promoted to a position in a class with a higher 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: 1. 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. -5- 13. BASE SALARY A. Effective October 1, 1994* the base salary range for the classifications in the bargaining unit shall be: Step: A B C D POLICE OFFICER 3092 3246 3409 3579 POLICE SERGEANT 3613 3794 3984 4183 *Retroactivity for the period October 1, 1994 through December 31, 1994 shal I be paid on salary only exclusive of any overtime or accrual cash -out payments which may have been made during that period and shall apply only to current (as of March 1, 1995) employees of the City. B. Effective July 1, 1995 the base salary range shall be increased 3.0% Step: A B C D POLICE OFFICER 3184 3343 3510 3686 POLICE SERGEANT 3721 3907 4103 4308 C. Effective July 1, 1996 the base salary range shall be increased 3.5%. Step: A B C D POLICE OFFICER 3296 3460 3633 3815 POLICE SERGEANT 3852 4044 4247 4459 14. OVERTIME PRACTICES A. 7K Exemption The City of Hermosa Beach has exercised its ability to take a statutory 71c' 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 excess 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. Iftow 3. Longevity Pay. - 6- *WO 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 excluded 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 1. In lieu of receiving cash payment for overtime hours, an employee may elect the option of taking compensatory time off. 2. 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. `+o' E. Overtime Authorization 1. 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 obtained 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 explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. F. Shift Trades 1. The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employees desire or need to attend to a personal matter 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 compensation 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 involved -7- 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 provided by the department ("shift trade log.") 2. 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 1. The practice of early shift release shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief, nor shall the employee relieved early have their compensable hours decreased 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 1. 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 1. Except as otherwise herein provided, employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored. J. City Motorcycles a Use 1. Employees assigned to motor duty may, with the approval of the Director of Public safety, use the city assigned motorcycle 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 `• of in any manner whatsoever. -8- IftnW/ K. Clothes Chanain 1. 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 uniform 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 uniforms covered to and/or from work should not wear their "Sam Browne" belt. Time spent in changing clothes before or after shift, is not considered hours worked and is not compensable in any manner whatsoever. L. Call Backs 1. 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 1. 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. 2. An officer who is subpoenaed to testify telephonically shall receive a minimum three (3) hours for a morning time and three (3) hours for an afternoon time. N. Standby Court Time 1. 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. -9- 1% r 15. INSURANCE COVERAGE A. LIFE 1. 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 1. City shall make such a plan available to city employees; the full cost to be paid by the employee. C. VISION 1. City shall make such a plan available to city employees; the full cost to be paid by the employee. D. MEDICAL 1. City shall provide for Association members a medical 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. The current medical plan or its equivalent, to remain in force I%wl during the term of this MOU. City shall meet and consult should there be a change in providers. 2. The HMO plan shall have no greater than a $5.00 office visit and prescription co -pay during the term of this Agreement. 3. 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 1. City shall provide for Association members a dental insurance plan to include a choice of an -indemnity plan or a pre -paid plan. 2. 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 A. 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 Committee. Members of the Association may participate in either of the ,v. Deferred Compensation plans provided for City employees. -ia 17. - RETIREMENT A. The City shall maintain the 2% a@ 50/PERS contract with "ONE YEAR FINAL COMPENSATION" in effect at the time of this contract. B. The City will pay the FULL employee's 9% contribution to the P.E.R.S. retirement system credited to the employee's portion. C. Effective November 1, 1995, the City shall commence reporting to P. E. R. S. the value of the 9% employer paid member contribution (EPMC) pursuant to the authority of Government Code section 20023(c)(4). 18. LEAVE OF ABSENCE A. 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 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 entitlement an employee may have under the Military and Veterans Code. 19. VACATION A. Effective October 1, 1994 the Vacation accrual rates for all employees covered by this agreement shall be as follows: 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. An employee covered by this Agreement may accrue vacation time to a maximum of 270 hours. Cash out of any earned but unused vacation accrual in excess of 270 hours (as of September 30th each year) shall be automatically cashed out as part of the October 20th payroll. Those employees who as of March 1, 1995 have an accrual balance in excess of 270 hours shall have that amount as their accrual maximum. Lower accruals will become their new maximum until such time as their bank reaches 270 hours. C. During the term of this Agreement Police Management shall formulate a paid time -off policy. -11- 20. HOLIDAYS A. The following holidays shall be considered as paid: New Years 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. B. An employee covered by this Agreement may accrual Holiday Comp time to a maximum of 112 hours. Cash out of any earned but unused Holiday Comp accrual in excess of 112 hours (as of September 30th of each year) shall be automatically cashed out as part of the October 20th payroll. C. Each employee may, on a one time only basis during the period April 1 -15, 1995 transfer time from their Overtime Comp accrual bank into their Holiday Comp accrual bank. 21. SICK LEAVE A. Effective October 1, 1994, sick leave accrual shall be as follows: 1. 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 hundred and fifty hours (350); thereafter any excess shall be cashed out. Employees who have more than 350 hours of sick time on the books as of March 1, 1991 shall be frozen at that accumulation; any earned sick time in excess of that amount shall be cashed out. C. In the case of serious illness of a member of the immediate family, the employee may utilize sick leave. Immediate family 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 predesignate 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). D. Effective March 1, 1995 upon termination from City employment, sick leave will be paid at the current hourly pay rate, on the following conditions: 1. 25% pay 5 thru 9 years of continuous service. 2. 50% pay 10 thru 19 years continuous service 3. 75% pay 20 + years continuous service. -12- 22. BEREAVEMENT LEAVE Each employee shall receive a maximum of three shifts per calendar 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. 23. 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. 24. EDUCATIONAL INCENTIVE COMPENSATION & MAINTENANCE OF BENEFITS A. 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: '"W" 1. For employees hired before May 2, 1984: a. Payable at the rate of 5% above base salary for an Intermediate 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 commencement 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 employees who were employed after July 1, 1976 and commencement 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 211984: 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. -13- b. Until commencement of the employees 5th year, such compensation shall not exceed $300/month. B. 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. 25. UNIFORM ALLOWANCE A. Said allowance for Officers and Sergeants to be $700/year, payable through the regular payroll schedule. B. An absence due to sick leave, injury on duty, or leave of absence without pay, exceeding sixty days (60) days shall result in a pro -rata reduction in uniform allowance for the time of the absence. 26. AMMUNITION REPLACEMENT A. In addition to the quarterly qualification ammunition, each officer 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 become more proficient with their service weapons. B. The City will not compensate officers for the time spent to utilize 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 Prevention 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 dollar 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 -14- hazardous 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. 1. 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 Chief of Police. 2. The parties understand and agree that all assignments to extra -pay positions are temporary assignments, and that officers will be rotated into and out of these assignments as part of the department's job enrichment and career development program. 3. In conformity with this understanding, each officer who accepts an assignment shall sign a statement indicating that they understand the temporary nature of the assignment. Nothing herein shall abrogate an employee's appeal rights as set forth in Government Code Section 3304. F. 1. 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 additional incidental hours required for the animals veterinary care; routine care for the K 9's 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. 2. Time spent "on-call" shall not be considered hours worked for FLSA purposes and is not compensated in any manner. 3. Employees assigned full time to the Department's Police Service Dog Program are subject to schedule changes contingent on meeting Police Dog Program priorities and Department needs. 28. 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. 1* • 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 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. 29. EXTRA JOB SIGN-UPS A. 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 regular rate of pay. B. 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, -I& lftpfw 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. C. 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 emergency reasons, an officer may provide a replacement for the extra job from one of the other regular officers to cover the assigned job. For the same reasons, and with the permission of the Division Commander, a reserve officer may be used as a replacement in an emergency situation. D. Nothing herein shall prohibit the City from hiring temporary civilian employees to perform police related duties in the enforcement 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. 30. SHIFT COVERAGE A. 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 contacted to determine their availability to cover the shift or a portion of the shift which will be understaffed. 31. WATCH COMMANDER SELECTION A. The Chief of Police shall have the right to establish criteria for selection of officers to be placed on the Watch Commander's list. The Chief shall select any number to be placed on the list and may remove officers or add officers to the list at any time. 32. PERFORMANCE REVIEW A. 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. 33. DISCIPLINARY ACTIONS A. 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 -17- 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 subject 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 pursuant 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. 7. Any officer receiving time off dispensed as a result of disciplinary action can use either accumulated compensatory 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. 34. LAYOFF A. Hermosa Beach Municipal Code Section 242, as currently enacted, is the governing provision regarding layoff. However, City further agrees that, prior to implementation of any such layoff, discussions shall be held to explore other alternatives, mitigation, etc. B. It is further agreed that in the event the City should contract 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. 35. NO SMOKING A. The parties agree that the City shall amend its class specifications 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. -18- 36. ASSOCIATION DIRECTORS TIME A. 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. 37. DURATION OF CONTRACT This MOU is effective October 1, 1994 and shall remain in full force and effect through June 30, 1997. In witness whereof, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding this I C 4-' day of n yi -oN 1995. HERMOSA BEACH POLICE OFFICERS' ASSOCIATION HBPOA n Steve Endom ` cJ Secretary, HBPOA 'A Dearenact Treasurer, HBPOA %A avid Rickey Member At Large, HBPOA disc 95-101/rab/offsgt Bill] CITY OF HERMOSA BEACH 4& a — Step burr II City anager Robert A. Blackwood Personnel Director Viki Copeland Finance Director 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, Ps 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 Subject to Grievance Procedure \%00/ 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. 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 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 \%00/ 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 March 8, 1995 Honorable Mayor and Members of City Council Meeting the Hermosa Beach City Council March 14, 1995 ADOPTION OF RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HERMOSA BEACH AND THE HERMOSA BEACH POLICE OFFICERS ASSOCIATION, OFFICERS & SERGEANTS BARGAINING UNIT Recommended Action: It is recommended that the City Council adopt the attached Resolution approving a Memorandum of Understanding (MOU) between the City of Hermosa Beach and the Hermosa Beach Police Officers Association, (POA) Officers and Sergeants Bargaining Unit for the period October 1, 1994 through June 30, 1997. Background: The previous Memorandum of Understanding (MOU) with the Police Officers Association, Officers and Sergeants Unit expired September 1, 1994. The attached successor MOU establishes the wages, hours and other terms and conditions of employment for the period October 1, 1994 through June 30, 1997. Analysis: Negotiated changes to the MOU include the following: 1. TERM October 1, 1994 through June 30, 1997. 2. SALARY 2.5% increase retroactive to 10/01/94 3.0% increase effective 07/01/95 3.5% increase effective 07/01/95 Elimination of "payback" day for six month period November - April.. 4. Report the value of the 9% Employer Paid Member Contribution (EPMC) to P.E.R.S. effective November 1, 1995. The fiscal impact for 1994-95 is $39,300. Respectfully Submr ed; Robert A. Blackwood Personnel Director Noted for Fiscal Impact: 44—& ' Viki Copeland Finance Director Con Step}fen R. Burrell City Manager 14ft1w 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. 95-5727 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 March 14, 1995. The vote was as follows: AYES: Bowler, Edgerton, Oakes, Reviczky, Mayor Benz NOES: None ABSTAIN: None ABSENT: None DATED: March 16, 1995 Deputy City Clerk