Loading...
HomeMy WebLinkAbout2009-2010 APA (Police) MOUMEMORANDUM OF UNDERSTANDING BETWEEN THE ATASCADERO POLICE ASSOCIATION AND CITY OF ATASCADERO JULY 1 2009 THROUGH JUNE 30 2010 APA MOU 20092010 Page 13 ARTICLE I GENERAL PROVISIONS SECTION 11 PREAMBLE This Memorandum of Understanding is made and entered into between the City of Atascadero hereinafter referred to as the City and the Atascadero Police Association hereinafter referred to as the Association pursuant to California Government Code Section 3500 et seq and the Citys Employer Employee Relations Policy The purpose of this Memorandum of Understanding MOU is the establishment of wages hours and other terms and conditions of employment The City and Association agree that the provisions of this MOU shall beapplied equally to all employees covered herein without favor or discrimination because of race creed color sex age national origin political or religious affiliations or association memberships Whenever the masculine gender is used in this MOU it shall be understood to include the feminine gender SECTION 12 RECOGNITION a The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following positions Police Officer Classification Police Officer Police Officer Intermediate POST Police Officer Advanced POST Senior Police Officer Classification Senior Police Officer Senior Police Officer Intermediate POST Senior Police Officer Advanced POST Police Sergeant Classification Police Sergeant Police Sergeant Advanced POST Police Sergeant Supervisory POST Property Evidence Technician Classification Property Evidence Technician Property Evidence Technician EMD Support Services Classification Police Records Technician Support Services Technician Support Services Technician EMD Support Services Lead Technician Support Services Lead Technician EMD Support Services Supervisor Support Services Supervisor EMD For purposes of this MOU positions with a POST or EMI designation are hereinafter included in any reference to Police Officer Senior Police Officer Sergeant Support ServicesTechnician Support ServicesLead Technician and Support Services Supervisor b This recognition is exclusive of management employees and temporary employees c The City agrees to meet and confer and otherwise deal exclusively with the Association on all matters relating to the APA MOU 20092010 Page 1 scope of representation under the MeyersMiliasBrownAct Government Code Section 3500 et seq and as provided under the Citys EmployerEmployee Relations Policy SECTION 13 SEVERANCE a If any provision of the Agreement should befound invalid unconstitutional unlawful or unenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement b In the event that any provision of the MOU should be found invalid unconstitutional unlawful or unenforceable the City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU SECTION 14 SOLE AGREEMENT a The City and the Association agree that to the extent that any provision addressing wages hours and terms and conditions of employment negotiable under the MeyersMiliasBrownAct found outside this MOU and are in conflict thereof this MOU shall prevail b If during the term of the MOU the parties should mutually agree to modify amend or alter the provisions of this MOU in any respect any such change shall be effective only if and when reduced to writing and executed by the authorized representatives of the City and the Association Any such changes validly made shall become part of this MOU and subject to its terms SECTION 15 FULL FORCE AND EFFECT a All wages hours and terms and conditions of employment that are negotiable subjects of bargaining under the MeyersMiliasBrownAct including those set in this MOU shall remain in full force and effect during the term of this MOU unless changed by mutual agreement b The City will abide by the MeyersMiliasBrownAct where and when it applies to the Association ARTICLE II RESPECTIVE RIGHTS SECTION 21 ASSOCIATION RIGHTS The Association shall have the following rights and responsibilities a Reasonable advance notice of any City ordinance rule resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council b Reasonable use of one bulletin board at the Atascadero Police Department c The right to payroll deductions made for payments or organization dues and for City approved programs d The use of City facilities for regular normal and lawful Association activities providing that approval of the City Manager or hisherdesignee has been obtained e Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements APA MOU 20092010 Page 2 SECTION 22 CITY RIGHTS a 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 staffing 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 employment SECTION 23 PEACEFUL PERFORMANCE a The parties to this MOUrecognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health safety and general welfare of the residents of the City of Atascadero Association agrees that under no circumstances will the Association recommend encourage cause or promote its members to initiate participate in nor will any member of the bargaining unit take part in any strike sit down stayin sickout slowdown or picketing hereinafter collectively referred to as workstoppagein any office or department of the City nor to curtail any work or restrict any production or interfere withany operation of the City In the event of any such work stoppage by any member of the bargaining unit the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work stoppage has ceased b In the event of any work stoppage during the term of this MOU whether by the Association or by any member of the bargaining unit the Association by its officers shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized and further direct its members in writing to cease the said conduct and resume work Copies of such written notices shall be served upon the City If in the event of any work stoppage the Association promptly and in good faith performs the obligations of this paragraph and providing the Associationhas not otherwise authorized permitted or encouraged such work stoppage the Association shall not be liable for any damages caused by the violation of this provision However the City shall have the right to discipline up to and including discharge any employee who instigates participates in or gives leadership to any work stoppage activity herein prohibited and the City shall also have the right to seek full legal redress including damages against any such employees ARTICLE III HOURS OF WORK AND OVERTIME SECTION 31 HOURS OF WORK a Work Period In general employees shall be scheduled to work consecutive days on and consecutive days off Work schedule changes egfrom 58 to 410312 or 980require a 30daynotice by the Chief of Police or their designee or the Association Either party may request a change in work schedules by written notification at least thirty 30 days in advance of proposed changes The normal work period pursuant to Section 207 k of the Fair Labor Standards Act shall be fourteen 14 days All hours worked in excess of the employeesregularly recurring 80hour biweekly work schedule shall be paid at the overtime rate of one and onehalfthe employeesregular rate of pay b Mealtime Mealtime for shift employees is thirty 30 minutes of paid time c Mealtime Callout for Shift Employees APA MOU 20092010 Page 3 Mealtime may be taken during the shift if the workload permits and as authorized and scheduled by the shift supervisor Shift employees receive mealtime as paid time and therefore shift employee shall be subject to call out during mealtime d Rest Periods Rest periods will normally be provided to employees at the rate of fifteen 15 minutes for each four 4 hours worked Rest periods are not to be construed as mealtime Insofar as practical rest periods shall be in the middle of each work period Rest periods cannot be used in conjunction with a meal periods nor may rest periods be taken during the employeesfirst or last scheduled hour of work e Missed Rest Periods and Mealtime Rest periods are paid time therefore nothing in this section provides for or implies any additional compensation or benefits if a rest period is not taken Mealtime is paid time therefore nothing in this section provides for or implies any additional compensation or benefit if a meal period is not completed or taken f Definition of Shift Employees Shift employees are assigned to positions in which duties are performed on a twentyfour24 hour day seven 7 days a week basis and include Police Officer Senior Police Officer Police Sergeant Property Evidence Technician Support Services Technician Police Records Technician Support Services Lead Technician and Support Services Supervisor g Shift Trade Employees of equal rank will be allowed to trade shifts from time to time as long as the following criteria is met 1 The trade does not adversely impact the Departmentsoperating needs 2 The trade does not result in the payment of overtime to the trading employees 3 The trade is by mutual consent of the employees involved 4 The trade request must be submitted in writing to the employees supervisor signed by both employees and approved by the Police Chief or hisherdesignee 5 The trade days occur within the same pay period SECTION 32 OVERTIME a Rate Employees shall be paid overtime at the rate of time and onehalfhisher regular rate of pay All overtime shall be recorded and paid in the following manner 1 to 15 minutes overtime compensation a hour 16 to 30 minutes overtime compensation 1z hour 31 to 45 minutes overtime compensation 3a hour 46 to 60 minutes overtime compensation I hour b Hours Paid Paid time off shall be considered time worked for overtime purposes APA MOU 20092010 Page 4 c Compensatory Time CT Notwithstanding the provisions of this section employees may begranted CT for overtime credit computed at time and onehalfat the mutual convenience of the Police Department and the employee Employees may accumulate a maximum of eighty 80 hours in their CT account d Scheduling Compensatory Time Requests to use CT shall be granted with due regard for operational necessity such as staffing levels e SchoolsTrainingQualificationsDepartmentMeetings Overtime for Sergeants Police Officers or Senior Police Officers as the result of Departmentwide training and meetings authorized by the Chief of Police will be compensated at the time and onehalfovertime rate Hours traveling studying or evening classes etc when an employee is attending an outoftown school shall not constitute overtime hours SECTION 33 CALLBACK PAY Employees who are called to duty at a time they are not working shall be compensated a minimum compensation of two 2 hours at time and onehalfrate of pay SECTION 34 COURT TIMESTANDBYTIME a Employees assigned standby duty shall receive thirtyfive dollars 3500for each day of standby duty A day is defined as a 24 hour period b Employees placed on standby by the court at a time they are not working shall be compensated at the rate of two 2 hours straight time compensation for everyfour 4hours 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 c Employees responding to work from standby shall receive a minimum of two hours pay at straight time Employees working in excess of one hour and twenty minutes once called back shall receive time and onehalf pay for hours worked in excess of one hour and twenty minutes or two hours straight time whichever is greater d The Chief of Police may place employees on standby status Standby duty shall not be considered as hours worked for the purpose of computing overtime e Employees on standby status shall provide the Support Services Technician or their designee with a telephone number where heshe can be reached directly and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification APA MOU 20092010 Page 5 ARTICLE IV PAY PROVISIONS SECTION 41 SALARY This one 1 year agreement shall provide for no salary increases during this period The following monthly salaries remain in effect July 1 2009 CLASSIFICATION A B C D E Police Records Technician 313305 328971 345419 362691 380825 Support Services Technician 371536 390112 409618 430098 451603 Support Services Technician EMD 376536 395363 415131 435888 457682 Support Services Technician Longevity 390112 409618 430098 451603 474184 Support Services Technician EMD Longevity 395113 414870 435614 457395 480264 Support Services Lead Technician 3199864 419857 440851 462894 486039 Support Services Lead Technician EMD 404864 425107 446362 468680 492114 Support Services Lead Technician Longevity 419857 440851 462894 486039 510341 Support Services Lead Technician EMD Longevity 424857 446101 468406 491826 516416 Property Evidence Technician 409619 430099 451604 474185 497894 Property Evidence Technician EMD 414619 435350 457118 479974 503973 Property Evidence Technician Longevity 430099 451604 474185 497894 522788 Property Evidence Technician EMD Longevity 435100 456856 479699 503684 528867 Police Officer 474184 497893 522787 548927 576373 Police Officer Intermediate POST 486039 510341 535858 562650 590783 Police Officer Advanced POST 497894 522788 548927 576372 605191 Senior Police Officer 497894 522788 548928 576374 605193 Senior Police Officer Intermediate POST 510342 535859 562653 590786 620325 Senior Police Officer Advanced POST 522789 548929 576375 605194 635454 Support Services Supervisor 497894 522788 548928 576374 605193 Support Services Supervisor EMD 502894 528039 554441 582163 611271 APA MOU 20092010 Page 6 Support Services Supervisor Longevity 522788 548928 576374 605193 635453 Support Services Supervisor EMD Longevity 527789 554179 581888 610982 641530 Police Sergeant 590780 620319 651335 683902 718097 Police Sergeant Advanced POST 605549 635827 667619 701000 736050 Police Sergeant Supervisory POST 620321 651336 683903 718098 754003 a Steps B C D and E shall be paid upon completion of twelve months of employment at the preceding step where the employee has demonstrated at least satisfactory job progress and normally increasing productivity and upon recommendation of the Department Head and approval of the City Manager b Police Officers and Senior Police Officers who possess a POSTIntermediate Certificate shall receive two and onehalf percent 22 more in base salary than those positions within the same classification without a POST Intermediate Certificate c Police Officers and Senior Police Officers who possess a POSTAdvanced Certificate will receive two and one half percent 22more in base salary than those positions within the same classification without a POST Advanced Certificate in addition to 4lb above d Police Sergeants who possess a POSTAdvanced Certificate will receive two and onehalfpercent 22more in base salary than those positions within the same classification without a POSTAdvanced Certificate e Police Sergeants who possess a POSTSupervisory Certificate will receive two and onehalfpercent 22more in base salary than those positions within the same classification without a POSTSupervisory Certificate in addition to 41d above APA MOU 20092010 Page 7 f Each Support Service Technician Property Evidence Technician Lead Support Services Technician or Support Services Supervisor having the Emergency Medical Dispatch EMD Certification will receive 5000per more in base salary per month than those positions within the same classification without an EMD Certificate SECTION 42 INCENTIVE PAY a Employees shall be reimbursed up to 1600 per fiscal year for books tuition and related educational expenses for attending college or other professional training providing the coursework is jobrelated and the employee received a passing grade b Employees in the Support Services Technician Support Services Lead Technician Property Evidence Technician and Support Services Supervisor classifications after five years of continuous service and aboveaverageor better evaluations shall receive five percent 5 in additional pay to their base salary SECTION 43 RETIREMENT a Employees will be provided retirement benefits through the California Public Employees Retirement System Ca1PERS Police Officers Senior Police Officers and Police Sergeants will be provided benefits pursuant to the 3 @ 50 Full formula Section 213622of the Government Code for safety employees and the City will pay the employee contribution of nine 9percent b Effective July 1 2007 the Police Records Technician Support Services Technician Property Evidence Technician Support Services Lead Technician and Support Services Supervisor Ca1PERS miscellaneous unit members were provided benefits pursuant to the 25 @ 55 formula including the One Year Final Compensation Section 20042 and Credit for Unused Sick Leave Section 20965 benefits The City will pay 585 of the employee contribution of eight percent 8 Employees in the CalPERS miscellaneous unit will pay the remaining 215of the employee contribution c The Ca1PERS retirement for Sworn Safety Members as defined by Ca1PERS includes Level Four 4of the 1959 Survivors Benefit The employees shall pay the monthly cost of the benefit The City shall provide the One Year Final Compensation Section 20042 and Credit for Unused Sick Leave Section 20965 benefits d The City shall provide Ca1PERS the Post Retirement Survivor benefit for Miscellaneous Members SECTION 44 SICK LEAVESTAY WELL PLAN a Sick leave accumulates at a rate of eight 8 hours per month There is no limit to the accumulation b Employees with 384 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus The Stay Well Bonus will be implemented as follows 1 The sick leave payoffwill occur during the 52weekperiod beginning the first day after the second pay period in October and ending on the last day of the second pay period in October of the following year after an employee has accumulated and maintained 384 hours sick leave 2 Once the eligibility requirements have been met an employee may opt to receive a payoffequal to onethird 13 of the unused annual allotment of sick leave The annual allotment is 9594 hours 3 Checks will be prepared by December 15 of each year c Family Care An employee may use in any calendar year accrued sick leave up to the amount earned during six 6 months employment to attend to the illness of a child parent or spouse APA MOU 20092010 Page 8 SECTION 45 VACATION LEAVE Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations SECTION 46 HOLIDAYS a Employees shall receive twelve 12 holidays per calendar year Said holidays shall be credited in eight 8 hour increments on the 1 day of the first full pay period of each month Holidays must be used within the calendar year Employees may take holiday time offconsistent with the scheduling needs of the City and subject to approval of the Chief of Police b Employees shall be allowed to accrue holiday hours prior to required payoff Employees may not accumulate and have a current credit of more than ninetysix96 hours of holiday time c Employees who have not used their accrued holiday time by December 31 will be paid for all accrued holiday hours no later than the second payday of January d Employees may elect to apply the value of accrued holiday hours to their deferred compensation account Election forms must be completed and received no later than December 31 to be processed no later than the second payday of January SECTION 47 BEREAVEMENT LEAVE Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations in the event of death of hisherspouse significant other child stepchild parent grandparent grandchild soninlawdaughterinlawmother inlaw fatherinlawbrother sister brotherinlawand sisterinlaw SECTION 48 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken SECTION 49 OUTOFCLASSPAY Employees who are assigned to work out of class for fifteen 15 or more consecutive days shall receive five percent 5 of current base salary in addition to regular salary SECTION 410 CANINE HANDLER PAY The time spent by a canine handler in the care grooming and feeding of hisher assigned police dog shall be hours worked payable at the time and onehalfovertime rate perhour of the handler It is agreed that canine handlers normally spend 7 hours per biweekly pay period performing such work and written authorization from the Police Chief must be obtained to perform such work for more than 7 hours Such hours worked shall not be interpreted to be 1 shift extension 2 callback to work or 3 scheduled work performed in excess of the regular shift for overtime purposes SECTION 411 FIELD TRAINING OFFICER INCENTIVE PAY a Police Officers assigned to act in the capacity of Field Training Officer shall be compensated at the rate of 87 per hour notto exceed 15000permonth Compensation shall be provided only for hours actually spent serving in the capacity of Field Training Officer APA MOU20092010 Page 9 b Support Services Technicians assigned to act as a trainer of a newly hired employee shall be compensated at the rate of 87 perhour not to exceed 15000permonth Compensation shall be paid only for hours actually spent serving in the capacity of a trainer c Compensation shall be provided only when the Chief of Police or designee has specifically authorized the assignment SECTION 412 ACTING WATCH COMMANDER PAY a Each Police Officer assigned as Acting Watch Commander will receive 100per hour for each hour worked in the capacity of acting watch commander as compensation for additional responsibility SECTION 413 BILINGUAL PAY The City shall pay an additional 25 of salary to those employees who are able to speak one of the top two nonEnglish languages as defined by the US Census A testing mechanism mutually agreed to by both parties will be created to assess language abilities before qualifying for the incentive ARTICLE V HEALTH AND WELFARE SECTION 51 HEALTH INSURANCE COVERAGE a For unit members who elect to have Family coverage the City shall pay a total of 105287per monthtoward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee and dependents for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee and fifty percent 50 of increased costs for dependents based upon HMO plan costs b For unit members who elect to have Employee 1 coverage the City shall pay a total of 90553per month toward the cost of all medical dental vision and life insurance benefit premiums for the unitmember employee and dependent for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee and fifty percent 50of increased costsfor the dependent based upon HMO plan costs c For unit members who elect to have Employee Only coverage the City shall pay an amount not to exceed 49132 per month toward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee based upon HMO plan costs Available funds remaining from the Citys contribution toward insurance coverage shall be paid to an employee hired on or before September 1 2000 as additional compensation This amount shall not exceed 24056permonth d The City shall provide term life insurance coverage for each employee in a total amount of twenty thousand dollars 20000during the term of this agreement e The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of one thousand dollars 1000per dependent during the term of this agreement f The Medical Insurance Committee may recommend changes in the level of service and service providers to the City during the term ofthe agreement Each recognized bargaining unit shall have a representative on the committee and management will have one representative APA MOU 20092010 Page 10 g The City shall make available to employees covered by this MOU a Flexible Benefit Plan in compliance with applicable Internal Revenue Code provisions The plan will enable an employee on a voluntary basis to cover additional out of pocket premium expenses for insurance through pretax payroll dollars h State Disability Insurance The City shall provide State Disability Insurance as a payroll deduction of each employee in the classification of Police Records Technician Support Services Technician Property Evidence Technician Support Services Lead Technician and Support Services Supervisor State Disability Insurance shall be integrated with sick leave with the objective of providing full compensation SECTION 52 UNIFORMISAFETY EQUIPMENT ALLOWANCE The purpose of the uniform allowance is for the purchase replacement maintenance and cleaning of uniform clothing a The City shall provide an annual uniform allowance of eight hundred dollars 800 for all eligible Police Officers Senior Police Officers and Police Sergeants b The City will make an up front lump sum payment of the current fiscal yearsuniform allowance no later than the second pay day in July c Upon initialhire the employee will receive a prorated amountbased upon the number of days remaining until July 1 The City would at the same time advance the new employee an amount that when added to his initial uniform allowance would equal 800 The amount advanced upon hire would then be deducted from the employeesfirst full uniform allowance check the following July Example If an employee worked six months in the first fiscal year heshewould receive 800 in that first year and 400 in the second fiscal year All subsequent years the employee would receive the full 800 until separation from the City d When an employee separates from the City the Uniform Allowance will be prorated based upon the number of days employed in the then current fiscal year and any amounts owed to the City will be deducted from hisherfinal check e Uniforms damaged on duty shall be replaced as prorated by the Police Chief Employees are required to seek reimbursement through the courts with all practical diligence f The City shall provide the Police Records Technician Support Services Technicians Property Evidence Technician Lead Support Services Technician and Support Services Supervisor with uniforms as needed in accordance with the Uniform Policy g The City shall make available to Police Officers Senior Police Officers and Police Sergeants a bulletproof vest Employees requesting a vest shall certify that they will wear the vest at all times except in extreme climatic conditions Vests shall be replaced or refurbished each 4 or 5 years as manufacturers specifications dictate Employees already owning a vest shall continue to use them until repair or refurbishment becomes necessary as determined by the Chief of Police h The following additional safety equipment shall be provided to all Police Officers Senior Police Officers and Police Sergeants by the City Service weapon Baton Duty belt with holster keeper straps handcuff case chemical mace pouch key ring baton ring ammunition pouch radio holder Helmet with face shield Rain garment The City shall comply with the requirements of CALOSHAas it relates to providing rain gear including rain boots i All city equipment shall be returned to the City upon the employee leaving such service APA MOU 20092010 Page 11 SECTION 53 PROBATION The probationary period for newly hired Police Officers Senior Police Officers or Police Sergeants shall be eighteen months The probationary period for newly hired Police Records Technician Support Services TechnicianSupport Services Lead Technician or Support Services Supervisor shall be twelve months The probationary period for employees promoted to Senior Police Officers or Police Sergeants shall betwelve months The probationary period for employees promoted to Support Services Lead Technician shall besix months The City shall have the option of granting a newly hired employee in a miscellaneous classification regular status at any time after nine 9 months of service ARTICLE VI OTHER SECTION 61 CELL PHONE REIMBURSEMENT The City agrees to reimburse each fulltimeemployee a flat rate of ten dollars 1000per month for the use of their personal cell phone for City business This amount will be paid once per year in a lump sum amount Where applicable the months will be prorated ARTICLE VII CLOSING PROVISIONS SECTION 71 TERM The term of this MOU shall commence on July 1 2009 and expire on June 302010 SECTION 72 SIGNATURES This MOU has been ratified and adopted pursuant to the recommendation of the following representatives APA DateApADate CITY OF ATASCADERO 7 I Mayor Date City Manager Date APPROVED O FORM l G City Attorn Date APA MOU 20092010 Page 12