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HomeMy WebLinkAboutResolution 107-86 RESOLUTION 107-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO SERGEANTS SERVICE ORGANIZATION WHEREAS, the City of Atascadero has met and conferred in good faith with the Atascadero Sergeants Service Organization for the purpose of discussing wages, benefits, and other conditions of employment; and WHEREAS, the City of Atascadero and the Atascadero Sergeants Service Organization Bargaining Unit have reached an agreement regarding said wages, benefits, and other conditions of employment for the term of Fiscal Year 1986/87 ; and NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Sergeants Service Organization for Fiscal Year 1986/87 , and authorizes the City Manager , as the Employee Relations Officer , to enter into said agreement on behalf of the City. On motion by Councilperson HANDSITY and seconded by Councilperson MOLINA , the foregoing resolution is hereby adopted in its entirety on the following vote : AYES: COUNCILMEMBERS BORGESON, HANDSITY , MOLINA, NORRIS AND MAYOR MACKEY NOES NONE ABSENT: NONE ADOPTED: DECEMBER 8 , 1986 CITY OF ATASCADERO, CALIFORNIA MARJOR�E. R. MACKEY, Mayor ,// ATTEST: 1r ' BOYD t. 8HARTIZ, Cit rk Resolution 107-86 Page 2 APPROVED AS TO CONTENT: ...__ MICHAEL SHELTON, City Manager APPROVED AS TO FORM <�� lw,04� ffrR.E`� G O NSEN to e MEMORANDUM OF UNDERSTANDING BETWEEN THE *#mo„ CITY OF ATASCADERO AND THE ATASCADERO SERGEANTS' SERVICE ORGANIZATION (POLICE SERGEANT' S 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 Sergeants' Service Organization, hereinafter referred to as "Association", pursuant to California Government Code Sections 3500 et seq ; City of Atascadero Ordinance No 24, dated July 14, 1980, and City of Atascadero Resolution No 12-80, dated July 14, 1980, and subsequent amendments hereto The parties have met and consulted in good faith regarding employment terms and conditions for members of the Police Sergeants' bargaining unit as recognized by the City of Atascadero on March 28, 1983, and having reached agreement as hereinafter set forth, shall submit this Memorandum to the City Council with the joint recommendation that that body 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, rr 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 Agreement 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, Waiver This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum Section 3 0 Salaries 3 1 Salaries in effect on July 4, 1986, shall be increased by three (3%) percent effective July 5, 1986 3 2 The salaries in effect on January 2, 1987 shall be increased by three (3%) percent effective January 3, 1987 'rwr►, - 1 - 3 3 The City will continue to pay the employee' s seven (7%) percent PERS contribution for the term of this agreement Section 4 0 Medical/Dental Benefits 4 1 Effective November 1, 1986 the City shall discontinue the medical and dental programs under the New England Life Insurance Company Effective November 1, 1986 the City will offer employees the option of the California Care HMO Plan and either the Blue Shield Preferred Medical Plan or the Blue Shield Major Medical Plan as outlined pursuant to Appendix A Employees shall select one of the two Blue Shield plans by majority vote of those not selecting the California Care HMO The City shall also implement the Blue Shield Dental Program as outlined in Appendix A effective November 1, 1986 4 2 The City agrees to pay for all medical and dental benefits for each police sergeant employee under the medical plan selected pursuant to 4 1 above 4 3 Effective November 1, 1986 the City agrees to pay up to, but not more than, $99 25 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements For those employees without dependents or who do not choose to enroll their dependents in the City plan, the $99 25 per month shall be paid to the employees as an addition to his/her regular salary " Section 5 0 Holidays 5 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 Department Head 5 2 Unit members shall be allowed to accrue 32 holiday hours prior to required payoff Section 6 0 Term Life Insurance 6 1 City shall continue to provide a term life insurance policy for each employee in a total amount of FIFTEEN THOUSAND DOLLARS ($15, 000 00) and shall pay all premiums for such policy during the term of this agreement 6 2 The City shall maintain a term life insurance policy for each dependent of each unit member in a total amount of One Thousand Dollars ($1, 000 00) per dependent and shall pay all premiums for such policy during the term of this Agreement - 2 - 1%W Section 7 0 Work Schedules 7 1 Shift employees (excluding administrative and investigative personnel) shall work eight (8) consecutive hours A one-half (1 2) hour lunch period may be taken during the shift if the work load permits and as authorized and scheduled by the shift supervisor Employees shall be considered to be on-duty during the lunch period and shall answer calls as assigned In addition to the work schedules called for above, shift sergeants will report to work at least fifteen minutes prior to the beginning of their shift to allow for a briefing period It is mutually understood and agreed that Unit members are agreeing to this briefing period, and that improvements in overtime compensation (Section 8 0) are being provided in return for the briefing period 7 2 In general, employee shall be scheduled to work five (5) consecutive days with two (2) consecutive days off Exceptions shall be made for (1) employees volunteering for other schedules (2) employees needing schedule adjustments to allow for military leave (3) employees needing schedule adjustments to accommodate schooling and (4) emergencies Section 8 0 Overtime 8 1 Overtime shall be compensated at the rate of time and one half (1-1/2) for hours worked in excess of eighty (80) hours in each bi-weekly pay period Paid time off shall be considered time worked for overtime compensation purposes Briefing time pursuant to Section 7 above shall not be considered time worked for overtime calculation purposes 8 2 All overtime work which is less than one 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 8 3 Any overtime increments worked over one (1) hour shall be compensated as in the above-referenced increments Compensatory time off in lieu of overtime shall be computed at err+ 3 - the rate of time and one-half and shall be granted to employees at the mutual convenience of the Police Department and the employee and subject to the accumulation provisions as defined by City Resolution No 12-80 dated July 14, 1980, Personnel Rules and Regulations Effective July 1, 1986, the compensatory time accrual maximum shall be twenty-four (24) hours 8 4 It is further agreed, however, that overtime will not be paid for hours traveling, studying, or evening classes, etc , when an employee is attending an out of town school Section 9 0 Probationary Period The probationary period for newly hired employees shall be eighteen months The probationary period for employees promoted to a higher classification shall be twelve months in the new classification Section 10 0 Standby Compensation 10 1 Employees may be placed on standby status by the Chief of Police Standby Duty shall not be considered as hours worked for the purpose of computing overtime 10 2 Compensation for police sergeants on standby assignments shall be at the rate of two (2) hours straight time compensation for every four (4) hours of actual time in a standby assignment, prorated for more or less than four hours Minimum compensation will be for one (1) hour of straight time unless the sergeant is called to duty during the first hour of standby status In the event that the sergeant is called to duty during the first hour of standby status the provisions for standby compensation shall not apply; rather the normal overtime provisions of Section 8 0 of this MOU shall apply 10 3 The sergeant in a standby status must provide the police dispatcher with a telephone number where he or she can be reached directly and be able to respond to the predetermined duty assignment in twenty minutes or less from the time of notification Section 11 0 Management Rights 11 1 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 4 - 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 employment Section 12 0 Peaceful Performance 12 1 During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the Atascadero Sergeants' Service Organization (ASSO) , and no lockouts shall be made by the City of Atascadero 12 2 In the event that any employees covered by this agreement, individually or collectively, violate the provisions of this article and the Atascadero Sergeants' Service fir► Organization fails to exercise good faith in halting the work interruption, the Association and the employees involved shall be deemed in violation of this article and the City shall be entitled to seek all remedies available to it under applicable law Section 13 0 Litigation In the event of a final Court judgment awarding any or all Unit members salary adjustments, then said adjustments shall be calculated using the salary scale prevailing at the time of the disputed events Section 14 0 Acting Pay Employees in the classification of Police Sergeant who are assigned to work as Acting Chief shall receive out of classification pay after working ten (10) cumulative shifts as Acting Chief in any fiscal year All other provisions of the Personnel Rule Regulations regarding payment of out of classification pay remain unchanged 5 - Section 15 0 Term and Effect of Agreement This MOU shall be effective July 1, 1986, and shall remain in effect to and including June 30, 1987 Section 16 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 Ordinance No 24 dated July 14, 1980, Resolutions No 12-80 dated July 14, 1980, Resolution No 31-81 dated October 12, 1981, and Resolution No 52-82 dated November 8, 1982, shall remain in full force and effect ATASCADERO SERGEANTS' SERVICE CITY OF ASCADERO ORGANIZATION BARGAINING UNIT V:A-L�� DATE DATE - 6 -