HomeMy WebLinkAboutFinal APA (Police) MOU 2020-2021
APA MOU 2020-2021 Page 1
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO POLICE ASSOCIATION
AND
CITY OF ATASCADERO
JULY 1, 2020 THROUGH JUNE 30, 2021
APA MOU 2020-2021 Page 2
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 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 City's 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 be applied 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 1.2 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
Police Corporal Classification
Police Corporal
Police Corporal – Intermediate POST
Police Corporal – Advanced POST
Police Sergeant Classification
Police Sergeant
Police Sergeant – Advanced POST
Police Sergeant – Supervisory POST
Property Evidence Specialist Classification
Property Evidence Specialist
Property Evidence Specialist – EMD
Senior Property Evidence Specialist
Senior Property Evidence Specialist - EMD
Support Services Classification
Police Records Technician
Police Lead Records Technician
Public Safety Dispatcher
Public Safety Dispatcher - EMD
Public Safety Lead Dispatcher
Public Safety Lead Dispatcher - EMD
Public Safety Dispatch Supervisor
Public Safety Dispatch Supervisor - EMD
Other Classifications
Police Officer- Recruit
Community Services Officer
Code Enforcement Officer
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For purposes of this MOU, positions with a POST or EMD designation are hereinafter included in any reference
to Police Officer, Police Corporal, Police Sergeant, Property Evidence Specialist, Senior Property Evidence
Specialist, Public Safety Dispatcher, Public Safety Lead Dispatcher and Public Safety Dispatch 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 scope of representation under the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), and
as provided under the City's Employer-Employee Relations Policy.
SECTION 1.3 SEVERANCE
a. If any provision of the Agreement should be found 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 1.4 SOLE AGREEMENTS
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 Meyers-Milias-Brown Act 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 1.5 FULL FORCES AND EFFECT
a. All wages, hours, and terms and conditions of employment that are negotiable subjects of bargaining under the
Meyers-Milias-Brown Act, 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 Meyers-Milias-Brown Act where and when it applies to the Association.
ARTICLE II - RESPECTIVE RIGHTS
SECTION 2.1 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
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Manager or his/her designee 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.
SECTION 2.2 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 2.3 PEACEFUL PERFORMANCE
a. The parties to this MOU recognize 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, stay-in, sick-out, slow-down, or picketing (hereinafter collectively referred to as ”work-
stoppage”) in any office or department of the City, nor to curtail any work or restrict any production, or interfere
with any 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
Association has 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 3.1 HOURS OF WORK
a. Work Period
In general, employees shall be scheduled to work consecutive days on and consecutive days off. Work schedule
changes (e.g., from 5/8 to 4/10, 3/12 or 9/80) require a 30-day notice 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 employee’s regularly recurring 80-
hour biweekly work schedule shall be paid at the overtime rate of one and one-half the employee’s regular rate
of pay.
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b. Mealtime
Mealtime for shift employees is thirty (30) minutes of paid time.
c. Mealtime Call-out for Shift Employees
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 employee’s first 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. Medical Attention for On-the-Job Injuries
Employees shall make reasonable attempts to schedule all medical treatment related to on-the-job injuries during
non-scheduled work hours. Medical treatment for on-the-job injuries that are required during scheduled work
hours shall be paid time. Medical appointments during normal scheduled work hours should be coordinated with
the employee’s supervisor so the best interests of the department are maintained. At no point will the employee
be compensated for medical appointments that are not during his/her normal work shift; nor will employees
receive overtime for attending medical appointments.
g. Definition of Shift Employees
Shift employees that are assigned to positions in which duties are performed on a twenty-four (24) hour day,
seven (7) days a week basis shall include all classifications identified Section 1.2 of this MOU.
h. Shift Trade
Employees of equal rank will be allowed to trade shifts from time to time as long as the following criteria are
met:
1. The trade does not adversely impact the Department's operating 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 his/her designee.
5. The trade days occur within the same pay period.
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SECTION 3.2 OVERTIME
a. Rate
Employees shall be paid overtime at the rate of time and one-half his/her regular rate of pay. All overtime shall
be recorded and paid in the following manner:
1 to 15 minutes, overtime compensation – ¼ hour
16 to 30 minutes, overtime compensation – ½ hour
31 to 45 minutes, overtime compensation – ¾ hour
46 to 60 minutes, overtime compensation – 1 hour
b. Hours Paid
Paid time off shall be considered time worked for overtime purposes.
c. Compensatory Time (CT)
Notwithstanding the provisions of this section, employees may be granted CT for overtime credit computed at
time and one-half at the mutual convenience of the Police Department and the employee. Employees may
accumulate a maximum of one hundred and twenty (120) 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. Schools/Training/Qualifications/Department Meetings
Overtime for Police Officers, Police Corporals or Police Sergeants as the result of Department-wide training and
meetings authorized by the Chief of Police will be compensated at the time and one-half overtime rate.
Hours traveling, studying, or evening classes shall be paid in accordance with all FLSA provisions.
Travel time for mandatory or department assigned travel events shall be compensated as follows:
When an employee is required to travel outside of San Luis Obispo County, the employee will be
compensated for their time spent in travel as paid time. Time spent in travel shall be measured by the
difference in the time normally required to travel between the employee’s home and the regularly assigned
workplace and the time between home and the temporary worksite. Whenever possible the employee’s work
schedule should be adjusted within the two week work period to accommodate this travel time as straight
paid time. Any time spent in travel in excess of the 80 hours shall be compensated as overtime.
Travel time for employee-requested, promotional or other voluntary training shall be compensated as follows:
When an employee is required to travel outside of San Luis Obispo County, the employee may be
compensated for their time spent in travel as paid time when the travel time can be accommodated within the
employee’s 80 hour work-period. Time spent in travel shall be measured by the difference in the time
normally required to travel between the employee’s home and the regularly assigned workplace and the time
between home and the temporary worksite. When it meets the needs of the department, the employee’s work
schedule should be adjusted within the two week work period to accommodate this travel time as straight
paid time. Any time spent in travel for voluntary training in excess of the 80 hour two week work period
shall not be compensated.
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SECTION 3.3 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 one-half rate of pay.
SECTION 3.4 COURT TIME/STANDBY TIME
a. Employees assigned standby duty shall receive fifty dollars ($50.00) for each day of standby duty. A day is
defined as a 24 hour period.
b. Employees placed on standby by the court at a time they are not working shall be compensated at the rate of two
(2) hours straight time compensation for every four (4) hours of actual time in standby assignment, prorated for
more or less than four hours. Minimum compensation will be for one (1) hour of straight time.
c. Employees responding to work from standby shall receive a minimum of two hours pay at straight time.
Employees working in excess of one hour and twenty minutes once called back shall receive time and one-half
pay for hours worked in excess of one hour and twenty minutes, or two hours straight time, whichever is greater.
d. The Chief of Police may place employees on standby status. Standby duty shall not be considered as hours
worked for the purpose of computing overtime.
e. Employees on standby status shall provide the Public Safety Dispatcher or their designee with a telephone number
where he/she can be reached directly; and be able to respond to the predetermined duty assignment within one
hour from the time of notification.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This one (1) year agreement shall provide no salary increases. The following monthly salaries are effective July 1,
2020:
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CLASSIFICATION STEP A STEP B STEP C STEP D STEP E
Community Services Officer 3,448.42$ 3,620.84$ 3,801.88$ 3,991.97$ 4,191.57$
Police Records Technician 3,620.84$ 3,801.88$ 3,991.97$ 4,191.57$ 4,401.15$
Police Officer Recruit 4,293.79$ -$ -$ -$ -$
Public Safety Dispatcher 4,293.79$ 4,508.48$ 4,733.90$ 4,970.60$ 5,219.13$
Public Safety Dispatcher - EMD 4,343.79$ 4,560.98$ 4,789.03$ 5,028.48$ 5,279.90$
Public Safety Dispatcher w/Longevity 4,508.48$ 4,733.90$ 4,970.60$ 5,219.13$ 5,480.09$
Public Safety Dispatcher - EMD
with Longevity 4,558.48$ 4,786.40$ 5,025.72$ 5,277.01$ 5,540.86$
Code Enforcement Officer 4,401.15$ 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$
Police Records Lead Technician 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$
Public Safety Lead Dispatcher 4,621.21$ 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$
Public Safety Lead Dispatcher
- EMD 4,671.21$ 4,904.77$ 5,150.01$ 5,407.51$ 5,677.89$
Public Safety Lead Dispatcher
w/ Longevity 4,852.27$ 5,094.88$ 5,349.62$ 5,617.10$ 5,897.96$
Public Safety Lead Dispatcher
- EMD with Longevity 4,902.27$ 5,147.38$ 5,404.75$ 5,674.99$ 5,958.74$
Property Evidence Specialist 4,733.90$ 4,970.60$ 5,219.13$ 5,480.09$ 5,754.09$
Property Evidence Specialist - EMD 4,783.90$ 5,023.10$ 5,274.26$ 5,537.97$ 5,814.87$
Property Evidence Specialist
w/Longevity 4,970.60$ 5,219.13$ 5,480.09$ 5,754.09$ 6,041.79$
Property Evidence Specialist
- EMD with Longevity 5,020.60$ 5,271.63$ 5,535.21$ 5,811.97$ 6,102.57$
Senior Property Evidence Specialist 5,480.08$ 5,754.09$ 6,041.80$ 6,343.89$ 6,661.08$
Senior Property Evidence Specialist - EMD 5,530.08$ 5,806.59$ 6,096.92$ 6,401.77$ 6,721.86$
Senior Property Evidence Specialist
w/Longevity 5,754.09$ 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$
Senior Property Evidence Specialist
- EMD with Longevity 5,804.09$ 6,094.29$ 6,399.00$ 6,718.95$ 7,054.90$
Public Safety Dispatch Supervisor 5,754.09$ 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$
Public Safety Dispatch Supervisor - EMD 5,804.09$ 6,094.29$ 6,399.00$ 6,718.95$ 7,054.90$
Public Safety Dispatch Supervisor
w/Longevity 6,041.79$ 6,343.88$ 6,661.07$ 6,994.12$ 7,343.83$
Public Safety Dispatch Supervisor - EMD
with Longevity 6,091.79$ 6,396.38$ 6,716.20$ 7,052.01$ 7,404.61$
Police Officer 5,506.18$ 5,781.49$ 6,070.56$ 6,374.09$ 6,692.79$
Police Officer - Intermediate POST 5,643.83$ 5,926.02$ 6,222.32$ 6,533.44$ 6,860.11$
Police Officer - Advanced POST 5,781.49$ 6,070.56$ 6,374.09$ 6,692.79$ 7,027.43$
Police Level 3 Reserve Officer 5,506.18$ 5,781.49$ n/a n/a n/a
Police Corporal 6,070.56$ 6,374.09$ 6,692.79$ 7,027.43$ 7,378.80$
Police Corporal - Intermediate POST 6,222.33$ 6,533.45$ 6,860.12$ 7,203.13$ 7,563.29$
Police Corporal- Advanced POST 6,374.09$ 6,692.79$ 7,027.43$ 7,378.80$ 7,747.74$
Police Sergeant 6,893.73$ 7,238.42$ 7,600.34$ 7,980.36$ 8,379.38$
Police Sergeant - Advanced POST 7,066.07$ 7,419.37$ 7,790.34$ 8,179.86$ 8,588.85$
Police Sergeant - Supervisory POST 7,238.42$ 7,600.34$ 7,980.36$ 8,379.38$ 8,798.35$
MONTHLY SALARY
Effective July 1, 2020
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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 Police Corporals who possess a P.O.S.T. Intermediate Certificate shall receive two and one-
half percent (2½%) more in base salary than those positions within the same classification without a P.O.S.T.
Intermediate Certificate.
c. Police Officers and Police Corporals who possess a P.O.S.T. Advanced Certificate will receive two and one-half
percent (2½%) more in base salary than those positions within the same classification without a P.O.S.T.
Advanced Certificate, in addition to 4.1.b above.
d. Police Sergeants who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent (2½%) more
in base salary than those positions within the same classification without a P.O.S.T. Advanced Certificate.
e. Police Sergeants who possess a P.O.S.T. Supervisory Certificate will receive two and one-half percent (2½%)
more in base salary than those positions within the same classification without a P.O.S.T. Supervisory Certificate,
in addition to 4.1.d above.
f. Each Public Safety Dispatcher, Property Evidence Specialist, Senior Property Evidence Specialist, Public Safety
Lead Dispatcher or Public Safety Dispatch Supervisor having the Emergency Medical Dispatch (EMD)
Certification will receive the following amounts more in base salary per month than those positions within the
same classification without an EMD Certificate:
SECTION 4.2 INCENTIVE PAY
a. Employees shall be reimbursed up to $1,600 per fiscal year for books, tuition and related educational expenses
for attending college or other professional training, providing the coursework is job-related, and the employee
received a passing grade.
b. Employees in the Public Safety Dispatcher, Public Safety Lead Dispatcher, Property Evidence Specialist, Senior
Property Evidence Specialist and Public Safety Dispatch Supervisor classifications, after five years of continuous
service in the classification and satisfactory or better evaluations, shall receive five percent (5%) in additional pay
to their base salary.
SECTION 4.4 RETIREMENT
CalPERS Sworn Safety Members (as defined by CalPERS)
a. Sworn Safety Member employees (as defined by CalPERS) are provided retirement benefits through the
California Public Employees Retirement System (CalPERS).
TIER 1
Sworn Safety Member employees including Police Officers, Police Corporals and Police Sergeants hired on
or before July 14, 2012 are provided benefits pursuant to the 3% @ 50 Benefit Formula (Government Code
Section 21362.2), Final Compensation 1 Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C.
Step A Step B Step C Step D Step E
EMD Pay 50.00$ 52.50$ 55.13$ 57.89$ 60.78$
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Section 20965). The City will pay 0% (zero percent) of the Sworn Safety Member employee contribution of
9% (nine percent). Sworn Safety Member employees will pay the employee contribution of 9% (nine
percent).
TIER 2
Sworn Safety Member employees including Police Officers, Police Corporals and Police Sergeants hired
between July 14, 2012 and December 31, 2012, and Sworn Safety Member employees hired on or after
January 1, 2013 who meet the definition of a Classic Member under CalPERS, are provided benefits pursuant
to the 3% @ 55 Benefit Formula (G.C. Section 21363.1), Final Compensation 3 Year (G.C. Section 20037)
and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero percent) of the Sworn
Safety Member employee contribution of 9% (nine percent). Sworn Safety Member employees will pay the
employee contribution of 9% (nine percent).
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Sworn Safety Member
employees including Police Officers, Police Corporals and Police Sergeants hired on or after January 1, 2013
who meet the definition of a CalPERS new member under PEPRA are provided benefits pursuant to the 2.7%
@ 57 Benefit Formula (G.C. Section 7522.25(d)) with Final Compensation 3 Year (G.C. Section 20037).
The Sworn Safety Member employee will pay a member contribution rate of 50% (fifty percent) of the
expected normal cost rate.
b. The CalPERS retirement for Sworn Safety Members (as defined by CalPERS) includes Level Four (4) of the
1959 Survivor’s Benefit. The employees shall pay the monthly cost of the benefit.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
CalPERS Non-Sworn Miscellaneous Members (as defined by CalPERS)
a. Non-Sworn Safety Member employees (as defined by CalPERS) are provided retirement benefits through
the California Public Employees Retirement System (CalPERS).
TIER 1
Non-sworn Miscellaneous Member employees including Police Records Technician, Police Officer Recruit,
Community Services Officer, Code Enforcement Officer, Public Safety Dispatcher, Property Evidence
Specialist, Senior Property Evidence Specialist, Police Lead Records Technician, Public Safety Lead
Dispatcher and Public Safety Dispatch Supervisor hired on or before July 14, 2012 are provided benefits
pursuant to the 2.5% @ 55 Benefit Formula (Government Code Section 21354.4), Final Compensation 1
Year (G.C. Section 20042) and Unused Sick Leave Credit (G.C. Section 20965). The City will pay 0% (zero
percent) of the Non-sworn Miscellaneous Member employee contribution of 8% (eight percent). Non-sworn
Miscellaneous Member employees will pay the employee contribution of 8% (eight percent).
TIER 2
Non-sworn Miscellaneous Member employees including Police Records Technician, Police Officer Recruit,
Community Services Officer, Code Enforcement Officer, Public Safety Dispatcher, Property Evidence
Specialist, Senior Property Evidence Specialist, Police Lead Records Technician, Public Safety Lead
Dispatcher and Public Safety Dispatch Supervisor hired between July 14, 2012 and December 31, 2012, and
Non-sworn Miscellaneous Member employees hired on or after January 1, 2013 who meet the definition of
a Classic Member under CalPERS, are provided benefits pursuant to the 2% @ 55 Benefit Formula (G.C.
Section 21354), Final Compensation 3 Year (G.C. Section 20037) and Unused Sick Leave Credit (G.C.
Section 20965). The City will pay 0% (zero percent) of the Non-sworn Miscellaneous Member employee
contribution of 7% (seven percent). Non-sworn Miscellaneous Member employees will pay the employee
contribution of 7% (seven percent).
TIER 3
Pursuant to the California Public Employees’ Pension Reform Act of 2013 (PEPRA), Non-sworn
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Miscellaneous Member employees including Police Records Technician, Police Officer Recruit, Community
Services Officer, Code Enforcement Officer, Public Safety Dispatcher, Property Evidence Specialist, Senior
Property Evidence Specialist, Police Lead Records Technician, Public Safety Lead Dispatcher and Public
Safety Dispatch Supervisor hired on or after January 1, 2013 who meet the definition of a CalPERS new
member under PEPRA are provided benefits pursuant to 2% @ 62 Benefit Formula (G.C. Section 7522.20)
with Final Compensation 3 Year (G.C. Section 20037). The Non-sworn Miscellaneous Member employee
will pay a member contribution rate of 50% (fifty percent) of the expected normal cost rate.
b. The City shall provide CalPERS the Post Retirement Survivor benefit for Miscellaneous Members.
c. Employee contributions shall be contributed to CalPERS on a pre-tax basis.
SECTION 4.5 SICK LEAVE/STAY 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 pay-off will occur during the 52-week period 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 pay-off equal to one-third
(1/3) of the unused annual allotment of sick leave. (The annual allotment is 95.94 hours).
3. Checks will be prepared by December 15 of each year.
c. In any calendar year, up to 16 hours of sick leave may be used for personal reasons without explanation. These
hours are not intended as vacation time and may not be used to extend vacations.
d. An employee may use in any calendar year accrued sick leave, up to the amount earned during twelve (12) months
employment, to attend to the illness of the following family members:
1. The employee’s child (including biological, foster, or adopted child, a stepchild, a legal ward, a child of a
domestic partner, or a child of a person standing in loco parentis).
2. The employee’s parent (including biological, foster, or adoptive parent, a stepparent, or a legal guardian).
3. The employee’s spouse or domestic partner.
If the employee is performing satisfactorily and the employee’s workload would not be negatively impacted, the
Department Head may approve additional time off, up to the amount earned during three (3) months of
employment, for Family Care.
Family Care leave may also qualify for protection under the FMLA and/or CFRA, and any Family Care leave
granted under this section shall run concurrently with FMLA and/or CFRA leave. FMLA/CFRA leave is
addressed in a separate City policy.
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SECTION 4.6 VACATION LEAVE
a. Employees shall be entitled to vacation leave consistent with the City of Atascadero Personnel System Rules.
b. In addition to the vacation leave accrued as outlined in Section 15.2 B of the City of Atascadero Personnel System
Rules, employees shall receive:
An additional two days of vacation annually upon completing 15 years of service for a total accrual
of 22 days per year or 6.77 hours per pay period; and
Two more days of vacation annually upon completing 20 years of service for a total accrual of 24
days per year or 7.38 hours per pay period.
SECTION 4.7 HOLIDAYS
a. Employees shall receive twelve (12) holidays per calendar year. Said holidays shall be earned in eight (8) hour
increments on the 1st day of the first full pay period of each month.
b. Employees may elect one of the following options with regards to holidays:
1. Hours as Earned: Employees may elect to receive eight hours of holiday time on the 1st day of the first full
pay period of each month. This shall be the default option if employees do not select another method of
receipt.
2. Paid as Earned: Employees may elect to be paid for eight hours of holiday time as it is earned on the first
full pay period of each month
3. Front Loading Hours: Employees may elect to front load their holiday time and be credited with 96 hours
of holiday time on the 1st day of the first full pay period in January. Employees who choose this option for
front loading will still earn their holiday time in 8 hour increments on the 1st day of the first full pay period
of each month. Employees choosing this option who terminate employment during the year shall pay the City
back for any hours used but not earned, and will not receive pay for hours credited but not earned. To be
eligible for this option an employee must:
a. Sign an agreement with the City of Atascadero acknowledging that the employee is liable for any
funds owed to the City upon termination and authorizing a payroll deduction allowing the City to
deduct any amounts owed from the employee’s final check; and
b. Be employed by the City on the last day of the first full pay period in January; and
c. Work (not in a paid leave status) for at least one day during the first full pay period in January; and
d. Receive City Manager approval if they are a probationary employee.
c. Holidays must be used within the calendar year. Employees may take holiday time off consistent with the
scheduling needs of the City and subject to approval of the Chief of Police.
d. Employees shall be allowed to accrue holiday hours prior to required payoff.
e. Employees who have not used their accrued holiday time by December 31st, will be paid for all accrued holiday
hours, no later than the second payday of January.
f. 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 31st, to be processed no later than the second
payday of January.
SECTION 4.8 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City of Atascadero Personnel System Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement purposes. Bereavement
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purposes include (1) the death of a member of the employee’s immediate family, and (2) the critical illness of a
member of the employee’s immediate family where death appears to be imminent. The amount of bereavement leave
provided under this section is twenty four (24) hours per family member.
The employee may be required to submit proof of a relative's death or critical illness before final approval of leave is
granted.
For purposes of this section, “immediate family” means: spouse or domestic partner, parent (including biological,
foster, or adoptive parent, a stepparent, or a legal guardian), grandparent, grandchild, child (including biological,
foster, or adopted child, a stepchild, a legal ward, a child of a domestic partner, or a child of a person standing in loco
parentis), brother, sister, aunt, uncle, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, sister-
in-law or significant other.
Twenty-four (24) hours of the paid absence shall be considered "bereavement leave", and any remaining time shall be
from other paid time off available to the employee.
When an employee has exhausted the bereavement leave provided in this section, the employee may submit a request
to his/her Department Head and request additional time off work. If approved, the employee must use their other
accrued paid leave. The employee may elect which accrued paid leave he/she shall use during the additional leave.
However, the employee may not use more than forty (40) hours of accrued sick leave for bereavement purposes. If
the additional leave approved by the Department Head is longer than forty (40) hours, the employee is required to use
accrued paid leave other than sick leave.
SECTION 4.9 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 4.10 OUT-OF-CLASS PAY
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 in accordance with Personnel System Rules Section 4.10.
SECTION 4.11 CANINE HANDLER PAY
The time spent by a canine handler in the care, grooming and feeding of his/her assigned police dog shall be hours
worked payable at the time and one-half overtime rate per hour 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 4.12 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, not to exceed $150.00 per month. Compensation shall be provided only for hours actually spent serving
in the capacity of Field Training Officer.
b. Public Safety Dispatchers assigned to act as a trainer of a newly hired employee shall be compensated at the rate
of $.87 per hour not to exceed $150.00 per month. Compensation shall be paid only for hours actually spent
serving in the capacity of a trainer.
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c. Compensation shall be provided only when the Chief of Police or designee has specifically authorized the
assignment.
SECTION 4.13 ACTING WATCH COMMANDER PAY
a. Each Police Officer assigned as Acting Watch Commander will receive $1.00 per hour for each hour worked in
the capacity of Acting Watch Commander as compensation for additional responsibility.
SECTION 4.14 BILINGUAL PAY
The City shall pay an additional 2.5% of salary to those employees who are able to speak one of the top two non-English
languages as defined by the U.S. 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 5.1 HEALTH INSURANCE COVERAGE
a. For unit members who elect to have “Family” coverage, the City shall pay an amount not to exceed $1,967.91
per month for employees electing Family coverage. The City contribution shall go toward the cost of all medical,
dental, vision and life insurance benefit premiums for the unit member employee and dependents. 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 an amount not to exceed
$1,461.28 per month for employees electing Employee +1 coverage. The City contribution shall go toward the
cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee and
dependent. 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 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
$1,042.68 per month for employees electing Employee Only coverage. The City contribution shall go toward the
cost of all medical, dental, vision and life insurance benefit premiums for the unit member employee. City shall
pay for increased costs to medical, dental, vision and life insurance premiums for the employee based upon HMO
plan costs.
For unit members who elect to have “Employee Only” coverage, available funds remaining from the City’s
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 $240.56 per month.
d. The City shall provide term life insurance coverage for each employee in a total amount of fifty thousand dollars
($50,000).
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 ($1,000) per 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 of the agreement. Each recognized bargaining unit shall have a representative on the
committee, and management will have one representative.
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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 pre-tax payroll dollars.
h. State Disability Insurance – The City has provided State Disability Insurance as a payroll deduction of each
employee.
SECTION 5.2 UNIFORM/SAFETY 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 one thousand dollars ($1,000) for employees who hold
the following positions: Police Officer, Police Corporal, Police Sergeant, Community Services Officer, Property
Evidence Specialist, Senior Property Evidence Specialist and Code Enforcement Officer.
b. The City will make an upfront lump sum payment of the current fiscal year’s uniform allowance no later than the
second pay day in July for employees who hold the following positions: Police Officer, Police Corporal, Police
Sergeant, Community Services Officer, Property Evidence Specialist, Senior Property Evidence Specialist and
Code Enforcement Officer.
c. For employees who hold the following positions: Police Officer, Police Corporal, Police Sergeant, Community
Services Officer, Property Evidence Specialist, Senior Property Evidence Specialist and Code Enforcement
Officer - upon initial hire the employee will receive a prorated amount based 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 the annual uniform allowance. The amount advanced upon hire would then be
deducted from the employee’s first full uniform allowance check, the following July. (Example: If , in fiscal year
2020/2021 an employee worked six months in the first fiscal year, he/she would receive $1,000 in that first year
and $500 in the second fiscal year. ($1,000 2021/2022 uniform allowance less repayment of ½ of 2020/2021
uniform allowance advanced to the employee upon hire) All subsequent years the employee would receive the
full $1,000 until separation from the City.)
d. When a Community Services Officer, Property Evidence Specialist, Senior Property Evidence Specialist, Code
Enforcement Officer Police Officer, Police Corporal or Police Sergeant 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 his/her final 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 reimburse up to Two-Hundred ($200.00) Dollars per fiscal year for the purchase of eligible uniform
items to employees in the following positions:
Police Records Technician,
Police Lead Records Technician
Public Safety Dispatcher,
Public Safety Lead Dispatcher and
Public Safety Dispatch Supervisor
Eligible uniform items include Civilian Uniform Shirts, Civilian Uniform Pants, and Non-Uniform Polo Shirts as
approved by the uniform committee and the City Manager. In no instance will the City reimburse employees for
clothing that may be worn outside of the Atascadero Police Department work environment.
Proof of purchase is required. Once purchased, such appropriate uniform must be worn while working.
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g. The City shall make available to Police Officers, Police Corporals 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 manufacturer’s 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, Police Corporals 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 CAL/OSHA as 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.
j. The City will purchase the following items required by the Police Academy for employees in the classification
of Police Officer Recruit:
Academy T-shirt
Academy Sweatshirt
Academy Running Shorts
Dark Blue Polo Shirt or other shirt as required by the Police Academy.
The total annual monetary value of the uniforms in subsection j. is not to exceed $250.00 per employee.
In addition to the items listed above, the City may provide additional safety equipment as listed in Section 5.2(h)
at the discretion of the Police Chief.
SECTION 5.3 PROBATION
The length of the probationary period for employees covered under this MOU shall be in accordance with Rule 9 of July
2012 City of Atascadero Personnel System Rules. Each original and promotional appointment made to a position in the
competitive service shall be subject to a probationary period. The length of the original and promotional probationary
period shall each be at least 12 month of service in the position for all employees. At the discretion of the Department
Head and with the approval of the City Manager, the probationary period may be extended for a maximum of six additional
months when the Department Head has determined that the employee has not yet successfully completed his/her
probationary period.
ARTICLE VI – OTHER
SECTION 6.1 CELL PHONE REIMBURSEMENTS
The City agrees to reimburse each full-time employee a flat rate of ten dollars ($10.00) per 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 pro-rated.
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SECTION 6.2 JOINT COMMITMENT TO FAIR AND REASONABLE CHANGES TO THE CALPERS
SYSTEM
The interests of the City and the Association are generally aligned: both seek fair and reasonable changes to the
CalPERS system to ensure long-term sustainability of the system. Needed State-level changes acceptable to both
executive management and City labor groups are most likely to be initiated by CalPERS member agencies and labor,
working collaboratively.
City and the Association hereby jointly commit to:
Request state-level membership organizations (e.g., the League of California Cities, state-wide labor
affiliates) to alert and engage members, to make this issue a priority, and encourage committing to a set of
collaborative solutions;
Encourage, educate, and engage peers (e.g., other cities, other labor groups) to make this issue a priority and
to lend their voice to our request to state-level membership organizations;
Jointly analyze options with an open mind as to potential solutions; and
Other potential collaborative efforts as they arise.
SECTION 6.3 NO CHANGE TO CALPERS EMPLOYEE CONTRIBUTION
PEPRA provides that beginning in 2018 an employer may require employees to pay fifty percent (50%) of the total
annual normal cost up to an eight percent (8%) contribution rate for miscellaneous employees, and an eleven percent
(11%) or twelve percent (12%) contribution rate for safety employees. PEPRA does not require an employer to
implement this change but, the employer may do so once the employer has completed the good faith bargaining
process as required by law, including any impasse procedures requiring mediation and fact finding. The City agrees
that through June 30, 2021, the City will not unilaterally ask Tier 1 employees and Tier 2 employees to increase their
contribution to CalPERS. Employee contributions to CalPERS (for Tier 1 and Tier 2 employees) may be increased
in 2021 upon mutual agreement of the Association and the City.
ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on July 1, 2020, and expire on June 30, 2021.
SECTION 7.2 SIGNATURES
This MOU has been ratified and adopted pursuant to the recommendation of the following representatives:
_______________________ _______________ ________________________ _____________
APA Date APA Date
CITY OF ATASCADERO
_______________________ _______________ ________________________ ______________
Mayor Date City Manager Date
Scanned signature page with signatures attached