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HomeMy WebLinkAboutResolution 76-91 RESOLUTION NO. 76-91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO POLICE OFFICERS ASSOCIATION WHEREAS, The City of Atascadero has met and conferred in good faith with the Atascadero Police Officers Association for the purpose of discussing wages, benefits and other conditions of employment; and WHEREAS,. The City of Atascadero and the Atascadero Police Officers Association have reached an agreement regarding said wages, benefits and other conditions of employment for the term of Fiscal Year 1991/92, 1992/93 and 1993/94; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Coun- cil hereby approves the Memorandum of Understanding between the City and the Atascadero Police Officers Association for Fiscal Year 1991/92, 1992/93 and 1993/94 and authorizes the City Manager, as the Employee Relations Officer, to enter into said agreement on behalf of the City. On motion by Councilperson Borgeson , seconded by Council- person Lilley , the foregoing resolution is hereby adopted in its entirety on the following roll-call vote: AYES: Councilmembers Nimmo, Dexter, Lilley, Borgeson and Mayor Shiers NOES: None ABSENT: None .ADOPTED: August 13, 1991 CITY OF ATASCADERO, CA ATTES By ALDEN F. SHIERS, Mayor LEE RABOIN,' C ty Clerk APPROVED AS TO FORM: ART R R. MO TANDOCity Attorney MEMORANDUM OF lUND Elt STANIDUN G BETWEEN CITY OF ATASCADERO AND ATASCADERO POLICE OFFICERS ASSOCIATION POLICE OFFICERS' BARGAINING UNIT 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 Police Officers Association,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 Resolution 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 Officers'Bargaining Unit as recognized by the City of Atascadero on July 11, 1981,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. Atascadero Police Officers Section 3.0 Salaries. 3.1 Base salaries in effect on December 30, 1991 shall be increased by three-point-six percent (3.6%) effective January 1, 1992. 3.2 Base salaries in effect on December 30, 1992 shall be increased by three-point-six percent (3.6%) effective January 1, 1993. 3.3 Base salaries in.effect on December 30, 1993 shall be increased by three-point-six percent (3.696) effective January 1, 1994. 3.4 Total Compensation. The parties agree and acknowledge that salary, employer paid retirement costs and employer contributions towards insurance(s) shall constitute "total compensation"and will be the basis of comparison in future negotiations. 3.5 Newly hired employees shall normally be placed at Step A. Advanced step hiring may be approved by the City Manager. 3.6 Movement between steps shall be a twelve month intervals and subject to satisfactory performance. 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 two-hundred-forty-five Dollars ($245.00) per month effective July, 1991. Effective July, 1992,the City will pay towards dependent medical and dental coverage three-hundred- fifty ($350.00)Dollars per month. Effective July, 1993, the City will pay towards dependent medical and dental coverage four-hundred-fifty-five ($455.0 Dollars per month. 4.2 For those employees with only one dependent or 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 The City shall continue to provide employee only vision care insurance at no cost to the employee. 4.4 Flexible Benefits Plan. The City shall develop and make available to employees covered by this MQU a Flexible Benefit Plan, in compliance with applicable Internal Revenue Code provisions, effective January, 1992. The plan will enable an employee to, on a voluntary basis, cover additional out of pocket expenses for insurances and dependent care through pretax payroll dollars. Section 5.0 Retirement The City will continue to provide the 2% 0 50 formula (Section 21252.01 of the Government Code)and to pay the employee contribution of nine(9%)percent towards the PERS. .2- Becker+ Bell Atascadery Police Officers 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 eligible dependent enrolled in health coverage 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. Section 7.0 Overtime. 7.1 Overtime,except training time,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 pursuant to Section 13 shall not be considered time worked for overtime calculation purposes. 7.2 Each unit employee shall work up to 2 hours overtime per pay period at straight time pay for Department-wide training and meetings. unused training hours may be accrued for one pay period. That is,up to two unused training hours may be carried forward. 7.3 Overtime work which is less than a one (1) hour increment in a work shift shall be compensated for in the following manner. 1 to 15 minutes, overtime compensation- 0 16 to 30 minutes, overtime compensation - 1/2 hour 31 to 45 minutes, overtime compensation- 3/4 hour 46 to 60 minutes, overtime compensation- 1 hour 7,4 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. Employees may not accumulate and have current credit for more than sixty-four(64) hours of compensatory time earned and holiday hours as provided for in Section 9.0. 7.5 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. Overtime as the result of Department-wide training and meetings authorized by the Chief of Police will be compensated at straight time up to four(4)hours per month. Overtime beyond four(4)hours per month for this purpose will be compensated at time and one-half (1-1/2) of the hourly rate. Section 8.0 Sick Leave Incentive. 8.1 Eligibility- to be eligible for this benefit an employee must- a. ust:a. Have accumulated 48 days of sick leave. -3- Becker + Bell Atascadero Police Officers b. The sick leave pay-off will occur during the next 12 - month period (December 1 - November 30)Afta an employee has accumulated and maintained 48 days on the books. c. In the event on employee covered by this agreement donates up to 12 days of sick leave in any one year,to the Employee Sick Leave Bank,is shall not count against the 48 days accumulation for eligibility to receive the incentive pay-off. 8.2 Once the eligibility requirements have been met,an employee may opt to receive a pay-off equal to one-thud (1/3)of the unused annual allotment of sick leave. (The annual allotment is twelve (12) days) 8.3. The time period for determining annual usage will be December 1 to November 30 each year. Checks will be prepared by December 15 of each year. Section 9.0 Holidays. 9.1 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. 9.2 Martin Luther King Birthday shall be a recognized City Holiday for employees covered by this MOU effective January, 1992. 9.3 Employees covered by this MOU shall be allowed to accrue holiday hours prior to required payoff. Employees may not accumulate and a have current credit of more than sixty-four(64) hours of holiday hours and compensatory time off as provided for in Section 7.0. Section 10.0 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 11.0 StandbyCompensation 11.1 Employees maybe placed on standby status by the Chief of Police. Standby duty shall not be considered as hours worked for the purpose of computing overtime. Three types of standby may be assigned: 1. Weekend standby shall require that an employee be on standby status from 5:0 p.m. Friday evening to 8:00 a.m. Monday morning. In the event of a holiday weekend, the extra pay(s) will be added to the standby duty time. Employees assigned weekend standby shall be paid a flat fee of$40.00 per weekend assigned. 2. Full week standby shall require that the employee be on standby status for the weekend as per No. 1 above and be on standby status during the week during all non- work hours. Employees assigned shall be paid a flat$50.00 per week assigned. 3. Court time (or equivalent) standby shall be compensated at the rate of two (2) hours 4- Becker + Bell Atascadero Police Officers straight time compensation for every four (4) hours of actual time in standby assignment,prorated for more or less than four hours. Minimum compensation will be for one (1) hour of straight time unless the employee is called to duty during the first hour of standby status,in which case the provisions for standby compensation shall not apply,rather the normal overtime provisions of Section 7.0 of this MOU shall apply. 11.2 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 12.0 Special Assignment Pay. 12.1 Employees in the classification of Police Officer assigned to act in the capacity of Field Training Officer shall be compensated at the rate of$100.00 per month. Compensation shall be provided only for hours actually spent serving in the capacity of Field Training Officer. 12.2 Compensation shall be provided only when the assignment has been specifically authorized by the Chief of Police or designee. Section 13.0 Work Schedule 13.1 In general, employees shall be scheduled to work five (5) consecutive days with two (2) consecutive days off. Exceptions shall be made for: 1) Employee volunteering for other schedules. 2) Employees needing schedule adjustments to allow for military leave. 3) Employees needing schedule adjustments to accommodate schooling. 4) Emergencies. 13.2 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. Briefing time shall be included in the shift schedule. 133 In addition to the work schedules called for above, employees assigned as Acting Watch Commander will report to work at least fifteen minutes prior to the beginning of their shift to allow for a briefing period. Each employee so assigned will receive$25.00 per pay period for a full pay period or $2.50 per shift as compensation for time spent in shift change-over briefing. Section 14.0 Uniform Provisions. 14.1 The City shall provide an initial uniform issue for new hires and, effective July 1, 1991, an annual uniform allowance of five-hundred-fifty Dollars ($550) to all eligible employees. Effective July 1,1992 the annual uniform allowance shall be increased to six-hundred Dollars ($600) for all eligible employees. _g. Becker + Bell Atascadero Police Officers 14.2 The City will make a lump sum payment,subject to the appropriate payroll taxes,of the$550 uniform allowance less the amount already paid for the current year as soon as possible. The City will make a lump sum payment,subject to the appropriate payroll taxes, in June 1992 and 1993 of the uniform allowance provided for in section 14.1,above. 14.3 The City shall make available to all unit employees a bullet proof vest. Employees requesting a vest shall certify that they will wear the vest at all times, except in extreme climatic conditions. 14A 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,as determined by the Chief of Police. 14.5 Rainboots - The City shall comply with the requirements of CAL l OSHA as it relates to providing rain gear including minboots. Section 15.0 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 or their 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 employm Section 16.0 Peaceful Performance. 16.1 During the life of this agreement no work stoppage, strikes, slowdowns or picketing shall be caused or sanctioned by the Atasmdero Police Officers Association,and no lockouts shall be made by the City of Atascadero. 16.2 In the event that any employees covered by this agreement, individually or collectively, violate the provisions of this article and the Atascadero Police Officers Association 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 all remedies available to it under applicable law. Section 17.0 Provisions of Law, 17.1 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. -6- Becker + Bell Atascadero Police Officers 17.2 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 18.0 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, 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 19.0 Renegotiations 19.1 If either party wants to negotiate a successor Agreement, such party shall serve notice upon the other party between March 15th and April 15th of the final year of this MOU. 19.2 If a party requests negotiations pursuant to the above section, such party shall also submit initial proposals for a successor Agreement no later than April 15th of the final year of this MOU. 19.3 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 20.0 Term of Agreement Unless specifically provided otherwise, the provisions of this MOU shall go into effect July 1,1991,and shall remain in effect,unless modified by mutual agreement,until midnight June 30,1994. DATE � � ATASCA O OFFICERS OF ATA DERO .7- Becker y Bell ,b 1 1 1