HomeMy WebLinkAboutResolution 069-88 RESOLUTION NO. 69-88
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ATASCADERO
APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ATASCADERO AND
THE ATASCADERO SERGEANTS SERVICE ORGANIZATION
WHEREAS, The City of Atascadero has met and conferred in
good faith with the Atascadero Sergeants Service Organization for
the purpose of discussing wages, benefits, and other; conditions
of employment; and
WHEREAS, the City of Atascadero and the Atascadero Sergeants
Service Organization have reached an agreement regarding said
wages, benefits, and other conditions of employment for the term
of Fiscal Year 1988/89, ,1989/90 and 1990/91;
NOW, THEREFORE, BE IT 'RESOLVED that the Atascadero City,
Council hereby approves the Memorandum of Understandingbetween
the City and the Atascadero Sergeants Service Organization for
Fiscal Year 1988/89, 1989/90 and 1990/9.1 , and authorizes the City
Manager ,, as the Employee Relations Officer , to enter into said
agreement on behalf of the City.
On motion by Councilperson DEXTER and seconded
by Counc,ilperson SHIERS , the foregoing resolution is
hereby adopted in its entirety on the following roll call votes:
AYES: _COUNCILMEMBERS DEXTER, SHIERS AND MAYOR BORGESON
NOES: NONE
ABSENT: COUNCILMEMBERS LILLEY AND MACKEY
ADOPTED-. 7/29/88
CITY OF ATASCADERO, CALIFORNIA
By:
ONITA BORGE' N `May
ATTEST:
t
BOY ' C. 'SHAR I TZ, Cit r k
(Res. No . 69-88 con ' t . )
PREPARED BY:
01('
DAVID G. GE SEN, Interim Director
of Administ at ve Services
APPROVED AS TO CONTENT:
�t
BILL HANLEY, nterim City Manager
APPROVED AS 0 FORM:
F Y J GE EN, City Attorney
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ATASCADERO
AND
ATASCADERO SERGEANTS SERVICE ORGANIZATION
This Memorandum of Understanding is made and entered into between the Employee Relations
Officer of the City of Atascadero,hereinafter referred to as "City",and the Atascadero Sergeants
Service Organization, hereinafter referred to as 'Association", pursuant to California Government
Code Sections 3500 et seq.; City of Atascadero Municipal Code Title 2,Chapter 2,Section 2-2.01
through 2.2-13, inclusive, and City of Atascadero Resolstion No. 12-80, dated July 14, 1980, and
subsequent amendments thereto.
The parties have met and conferred in good faith regarding employment terms and conditions for
members of the Police Sergeants'Bargaining Unit as recognized by the City of Atascadero on
March 28, 1983,and having reached agreement as hereinafter set forth,shall submit this
Memorandum to the City Council with the joint recommendation that the Council resolve to adopt its
terms and conditions and take such other or additional action as may be necessary to implement its
provisions.
Section 1.0 Purpose.
It Is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU", to
promote and provide for continuity of operation in employment through harmonious relations,
cooperation and understanding between Management and the employees covered by the provisions
of this MOU and to set forth the understanding reached between the parties as a result of good faith
negotiations on the matters set forth herein.
Section 2.0 Full Understanding, Modifications and Waiver.
This MOU sets forth the full and entire understanding of the parties regarding the matters set forth
herein. Any other prior or existing understanding or agreement by the parties, whether formal or
informal,regarding any such matters,are hereby suspended or terminated in their entirety, if in
conflict with this Memorandum.
Section 3.0 Salaries.
3.1 Base salaries in effect on 30 June 1988 shall be increased by two percent(29) effective the
first day of the first full pay period in July 1988.
3.2 Base salaries in effect on 31 December 1988 shall be increased by four percent(42)
effective the first full pay period in January 1989.
3.3 In addition to the salary adjustment provided for in Section 3.2,salaries in effect on 31
December 1988 shall be Increased by a special compaction adjustment of two percent (2%)
effective the first full pay period in January 1989.
Atescadero Sergeants
3.4 Base salaries in effect on 30 June 1989 shall be increased by three percent(3R) effective
the first day of the first full pay period in July 1989.
3.5 Base salaries in effect on 31 December 1989 shall be increased by three percent(3R)
effective the first full pay period in January 1990.
3.6 Base salaries in effect on 31 December 1990 shall be increased by two percent(2R)
effective the first day of the first full pay period in January 1991.
3.7 Movement between steps shall be a twelve month intervals and subject to satisfactory
performance. The initial step movement after hiring,however, shall be after twelve months or
after completion of probation, whichever occurs later.
Section 4.0 Medical/Dental/Vision Care Benefits,
4.1 The City agrees to pay for all medical and dental benefits for each unit member employee and
the rate and coverage prevailing under the City's medical and dental program as it now exists or as
may be established by agreement of the Joint City-Employee Medical Insurance Committee. It is
agreed that the City will pay towards dependent medical and dental coverage up to nintynine and
twentyfive /100 Dollars($99.25)per month. Effective November 1988, the City will pay
towards dependent medical and dental coverage up to One hundred twentyfive ($125.00)Dollars
per month. Effective November 1990, the City will pay towards dependent medical and dental
coverage up to One hundred fourty ($140.00)Dollars per month.
4 .2 For those employees without dependents or who do not choose to enroll their dependents in
the City plan, the amount of the City contribution towards dependent coverage shall be paid to the
employee as an addition to his/her regular pay.
4.3 Effective July 1988, the City shall provide employee only vision care insurance at no cost
to the employee.
Section 5.0 Retirement
5.1 The City will continue to pay the employee contribution of seven(7R)percent PERS. Effective
January 1991 the City will pay the employee contribution of nine (9R)percent PERS for the term
of this MOU.
5.2 Effective July, 1990 the City shall implement the 2% ! 50 Full formula (Section 21252.01 of
the Retirement Code).
Section 6.0 Term Life Insurance.
6.1 City shall continue to provide a term life insurance coverage for each employee in a total
amount of Fifteen Thousand($15,000.00)Dollars and shall pay all premiums for such policy during
the term of this agreement.
6.2 The City shall maintain a term life insurance policy for each dependent of each unit member in
a total amount of One thousand ($1,000.00)Dollars per dependent and shall pay all premiums for
such policy during the term of this agreement.
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Atascadero Sergeants
Section 7.0 Overtime.
7.1 Overtime shall be compensated at the rate of time and one-half pay for hours worked in
excess of 80 hours in each bi-weekly pay period. Paid time off shall be considered time worked for
overtime compensation. Briefing time pursurant to Section 12 shall not be considered time worked
for overtime calculation purposes.
7.2 Overtime work which is less than a one(1)hour increment in a work shift shall be
compensated for in the following manner:
i to 15 minutes, overtime compensation-0
16 to 30 minutes, overtime compensation -112 hour
31 to 45 minutes, overtime compensation -314 hour
46 to 60 minutes, overtime compensation - 1 hour
7.3 Any overtime increments worked over one(1)hour shall be compensated as in the above-
referenced increments. Compensatory time in lieu of overtime shall be computed at a time and one-
half rate of the base salary and shall be granted to employees at the mutual convenience of the
Police Department and the employee and subject to the accumulation provisions as defined by City
Resolution No. 12-80 dated July 1, 1980,Personnel Rules and Regulations. The compensatory time
accrual maximum shall be twenty-four(24)hours.
7.4 It is further agreed, however, that overtime will not be paid for hours traveling, studying, or
evening classes,etc., when an employee is attending an out-of-town school.
Section 8.0 Holidays.
8.1 City agrees that Association members shall continue to receive one (1)holiday as provided for
by City Resolution No.52-82 dated November 8, 1982, to be known as a"floating holiday". Said
floating holiday shall be one (1)day per year based upon the employee's birthday. Employee may
take such holiday at his/her choice of time consistent with the scheduling needs of the City and
subject to approval of the Chief of Police.
8.2 Unit members shall be allowed to accrue 32 holiday hours prior to required payoff.
Section 9.0 Probationary Period.
The probationary period for newly hired employees shall be eighteen months. The probationary
period for employees promoted to a higher classification shall be twelve months in the new
classification.
Section 14.0 Standby Compensation.
10.1 Employees may be placed on standby status by the Chief of Police. Standby duty shall not be
considered as hours worked for the purpose of computing overtime.
10.2 Compensation for police sergeants on standby assignments shall be at the rate of two(2)
hours straight time compensation for every four(4)hours of actual time in standby assignment,
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Atescadero Sergeants
prorated for more or less than four hours. Minimum compensation will be for one(1)hour of
straight time unless the sergeant is called to duty during the first hour of standby status. In the
event that the sergeant is called to duty during the first hour of standby status the provisions for
standby compensation shall not apply,rather the normal overtime provisions of Section 7.0 of this
MOU shall apply.
10.3 Employees on standby status must provide the Police Dispatcher with a telephone number
where he/she can be reached directly; and be able to respond to the predetermined duty assignment
within twenty minutes from the time of notification.
Section 11.0 Acting Duty Pay
Employees in the classification of Police Sergeant who are assigned to work as Acting Lieutenant
shall receive out of classification pay after working ten 00)cumulative shifts as Acting Lieutenant
in any fiscal year. All other provisions of the Personnel Rules and Regulations regarding payment
of out of classification pay remain unchanged.
Section 12.0 Work Schedule
12.1 Shift employees (excluding administrative and investigative personnel)shall work eight (8)
consecutive hours. A one-half(1/2)hour lunch period may be taken during the shift if the work
load permits and as authorized and scheduled by the shift supervisor. Employees shall be
considered to be on-duty during the lunch period and shall answer calls as assigned.
12.2 in addition to the work schedules called for above, shift sergeants will report to work at
least fifteen minutes prior to the beginning of their shift to allow for a briefing period. Each
member of the bargaining unit will receive $25.00 per pay period as compensation for time spent in
shift change-over briefing.
12.3 In general, employees shall be scheduled to work five(5)consecutive days with two (2)
consecutive days off. Exceptions shall be made for;
1)Employees volunteering for other schedules.
2)Employees needing schedule adjustments to allow for military leave.
3) Employees needing schedule adjustments to accomodate schooling.
4)Emergencies.
Section 13.0 Uniform Provisions.
13.1 The City shall continue to provide uniforms until June 30, 1989. Effective July 1, 1989 the
City shall provide an initial uniform issue for new hires and an annual uniform allowance of four
hundred($400)Dollars(paid monthly)to all eligible employees. Effective July 1, 1990 the annual
uniform allowance shall be increased to five hundred($500)Dollars(paid monthly)for all eligible
employees.
13.2 The City shall make available to all unit employees a bullet proof vest. Vests shall be
replaced or refurbished on an as needed basis as determined by the Chief of Police. Employees
already owning vest shall continue to use them until repair or refurbishment becomes necessary,
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Atescadero Sergeants
as determined by the Chief of Police.
13.3 Rainboots -The City shall comply with the requirements of CAL/ OSHA as it relates to
providing rain gear including rainboots.
Section 14.0 Management Rights.
The authority of the City includes,but Is not limited to the exclusive right to determine the
standards of service;determine the procedures and standards of selection for employment and
promotion; direct its employees; take disciplinary action for "just cause"; relieve its employees
from duty because of lack of work or for other legitimate reason; maintain the efficiency of
governmental operations; determine the methods, manning and personnel by which governmental
operations are to be conducted; determine the content of job classifications;take all necessary
actions to carry out Its mission in emergencies; exercise complete control and discretion over its
organizations and the technology of performing its work; provided, however, that the exercise and
retention of such rights does not preclude employees ortheir representatives from consulting or
raising grievances over the consequences or impact that decisions on these matters may have on
wage,hours and other terms of employment.
Section 15.0 Peaceful Performance.
15.1 During the life of this agreement no work stoppage,strikes,slowdowns or picketing shall be
caused or sanctioned by the Atascadero Sergeants Service Organization, and no lockouts shall be
made by the City of Atascadero.
15.2 In the event that any employees covered by this agreement, individually or collectively,
violate the provisions of this article and the Atascadero Sergeants Service Organization fails to
exercise good faith in halting the work interruption, the Association and the employees involved
shall be deemed in violation of this article and the City shall be entitled to seek ail remedies
available to it under applicable law.
Section 16.0 Provisions of Law.
16.1 This MOU is subject to all current applicable federal,state and local laws, regulations and
resolutions. Ordinances,rules and regulations dealing with employee wages, hours and
working conditions enacted by the City Council shall be subject to the appropriate revisions,
amendments and deletions necessary to conform with the purpose,intent and application of the
provisions of this MOU.
16.2 If any part or provision of this MOU is in conflict or inconsistent with such applicable
provisions of federal, state or local laws or regulations,or is otherwise held to be invalid or
unenforceable by any tribunal or competent jurisdiction,such part shall be suspended and
superseded by such applicable law or regulations,and the remainder of this MOU shall not be
affected.
Section 17.0 Applicability of Personnel Rules and Regulations.
It is agreed and understood that in all other respects except as specifically enumerated by the
MOU,the rules,regulations and conditions of employment of the City of Atascadero as established
by Atascadero Municipal Code,Title 2, Chapter 2, inclusive, Resolution No. 12-80, dated July 14,
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Atascadero Sergeants
1980, Resolution No.31-81 dated October 12, 1981, Resolution No. 52-82 dated November 8,
1982,shall remain in full force and effect.
Section 18.0 Renegotiations
18.1 If either party wants to negotiate a successor Agreement,such party shall serve notice upon
the other party between 15 March and 15 April of the final year of this MOU.
18.2 if a party requests negotiations pursuant to the above section,such party shall also submit
Initial proposals for a successor Agreement no later than 15 April of the final year of this MOU.
18.3 If either party fulfills the requirements of the above sections,then negotiations shall begin no
later than 1 May of the final year of this MOU.
Section 19.0 Term of Agreement
Unless specifically provided otherwise, the provisions of this MOU shall go into effect 1 July
1988, and shall remain in effect,unless modified by mutual agreement,until midnight 30 June
1991.
DATE: July 26, 1988
ATASCADERO SERGEANTS CITY ATASC 0
SERVI �GANI DN
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