HomeMy WebLinkAbout2016-021 APA MOU 2016-17Agreement 2016-021
MEMORANDUM OF UNDERSTANDING
BETWEEN THE
ATASCADERO POLICE ASSOCIATION
AND
CITY OF ATASCADERO
JULY 11 2016 THROUGH JUNE 309 2017
APA MOU 2016-2017 Page 1
ARTICLE I - GENERAL PROVISIONS
SECTION 1.1 PREAMBLE
Agreement 2016-021
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 terns 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
• Support Services Technician
• Support Services Technician - EMD
• Support Services Lead Technician
• Support Services Lead Technician - EMD
• Support Services Supervisor
• Support Services Supervisor - EMD
Other Classifications
• Police Officer- Recruit
• Community Services Officer
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Agreement 2016-021
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, Support Services Technician, Support Services Lead 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 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 Manager or his/her designee has been obtained.
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Agreement 2016-021
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
Ataseadero. 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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Agreement 2016-021
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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Agreement 2016-021
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 —'/4 hour
16 to 30 minutes, overtime compensation -'/i hour
31 to 45 minutes, overtime compensation - 3/4 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.
c. Schools/Training/Qualifications/Dcpartment 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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Agreement 2016-021
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 thirty-five dollars ($35.00) 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 Support Services Technician 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 twenty minutes from the time of notification.
ARTICLE IV - PAY PROVISIONS
SECTION 4.1 SALARY
This one (1) year agreement shall provide for a total 3.375% salary increase effective July 1, 2016, according to the
following formula and schedule:
• Effective July 1, 2016 — 2% COLA
• Effective July 1, 2016- An additional 1.375% increase in exchange for eliminating the "Deferred
Compensation" portion of Section 4.3 which provided for a City match to employee contributions to a
deferred compensation program, up to a maximum of $1,300 per employee, according to the terms under
the Deferred Compensation sub -heading in Section 4.3 of this MOU.
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Agreement 2016-021
The following monthlv salaries are effective July 1. 2016:
Community Services Officer
2,947.92
3,095.31
3,250.08
3,412.58
3,583.21
Police Records Technician
3,412.58
3,583.21
3,762.37
3,950.49
4,148.01
Police Officer Recruit
4,046.84
-
-
-
-
Support Services Technician
4,046.84
4,249.18
4,461.64
4,684.72
4,918.96
Support Services Technician - EMD
4,096.84
4,301.68
4,516.76
,742.60
4,979.73
Support Services Technician
4,249.18
4,461.64
4,684.72
918.96
5 164.91
Support Services Technician - EMD
with Longevity
4,299.18
4,514.14
4,739.85
!4,976.84
5,225.68
Support Services Lead Technician
4,355.41
4,573.18
4,801.84
1 5,041.93
5,294.03
Support Services Lead Technician
- EMD
4,405.41
4,625.68
4,856.96
5,099.81
5,354.80
Support Services Lead Technician
w/ Longevity
4,573.18
4,801.84
5,041.93
5,294.03
5,558.73
Support Services Lead Technician
- EMD with Longevity
4,623.18
4,854.34
5,097.06
5,351.91
5,619.51
Property Evidence Specialist
4,461.64
4,684.72
4,918.96
5,164.91
5,423.16
Property Evidence Specialist - EMD
4,5 1 1.64
4,737.22
4,974.08
5,222.78
51483.92
Property Evidence Specialist
w/Longevity
4,684.72
4,918.96
5,164.91
5,423.16
5,694.32
Property Evidence Specialist
- EMD with Longevity
4,734.72
4,971.46
5,220.03
5,481.03
5,755.08
Senior Property Evidence Specialist
5,164.91
5,423.15
5,694.31
5,979.03
6,277.99
Senior Property Evidence Specialist -
EMD
5,214.91
5,475.65
5,749.43
6,036.90
6,338.75
Senior Property Evidence Specialist
w/Longevity
5,423.15
5,694.31
5,979.03
6,277.98
6,591.88
Senior Property Evidence Specialist
- EMD with Longevity
5,473.15
5,746.81
6,034.15
6,335.86
6,652.65
Support Services Supervisor
5,423.15
5,694.31
5,979.03
6,277.98
6,591.88
Support Services Supervisor - EMD
5,473.15
5,746.81
6,034.15
6,335.86
6,652.65
Support Services Supervisor
5,694.31
5,979.03
6,277.98
6,591.88
6,921.47
Support Services Supervisor - EMD
with Longevity
5,744.31
6,031.53
6,333.11
6,649.77
6,982.26
Police Officer
5,214.92
5,475.67
5,749.45
6,036.92
6-3 -3 8-77
Police Officer - Intermediate POST
5,345.29
5,612.55
5,893.18
6,187.84
6,497.23
Police Officer - Advanced POST
5,475.67
5,749.45
6,036.92
6,338.77
6,655.71
Corporal
5,749.45
6,036.93
6,338.78
6,655.72
6,988.51
Corporal - Intermediate POST
5,893.19
6,187.85
6,497.24
6,822.10
7,163.21
Corporal- Advanced POST
6,036.93
6,338.78
6,655.72
6,988.51
7,337.94
Police Sergeant
6,497.21
6,822.07
7,163.17
7,521.33
7,897.40
Police Sergeant - Advanced POST
6,659.64
6,992.62
7,342.25
7,709.36 1
8,094.83
Police Sergeant - Supervisory POST
6,822.07 1
7,163.17 1
7,521.33 1
7,897.40 1
8,292.27
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Agreement 2016-021
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 (2V2%) 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 (2'/z%) more in base salary than those positions within the same classification without a P.O.S.T.
Advanced Certificate, in addition to 4. Lb above.
d. Police Sergeants who possess a P.O.S.T. Advanced Certificate will receive two and one-half percent (2%2%)
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 (2%z%)
more in base salary than those positions within the same classification without a P.O.S.T. Supervisory
Certificate, in addition to 4. Ld above.
f. Each Support Service Technician, Property Evidence Specialist, Senior Property Evidence Specialist, Lead
Support Services Technician or Support Services 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. Fniployces 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 Support Services Technician, Support Services Lead Technician, Property Evidence
Specialist, Senior Property Evidence Specialist and Support Services Supervisor classifications, after five years
of continuous service and above-average or better evaluations, shall receive five percent (5%) in additional pay
to their base salary.
SECTION 4.3 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. 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
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Step A
Step B
Step
=Stop D
Step E
EMD Pay
I $ 50.00
1$ 52.50
1 $ 55.13
1 $ 57.89
1 $ 60.78
SECTION 4.2 INCENTIVE PAY
a. Fniployces 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 Support Services Technician, Support Services Lead Technician, Property Evidence
Specialist, Senior Property Evidence Specialist and Support Services Supervisor classifications, after five years
of continuous service and above-average or better evaluations, shall receive five percent (5%) in additional pay
to their base salary.
SECTION 4.3 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. 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
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Agreement 2016-021
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 Ca1PERS) are provided retirement benefits through
the California Public Employees Retirement System (Ca1PERS).
TIER I
Non -sworn Miscellaneous Member employees including Police Records Technician, Police Officer
Recruit, Community Services Officer, Support Services Technician, Property Evidence Specialist, Senior
Property Evidence Specialist, Support Services Lead Technician and Support Services 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, Support Services Technician, Property Evidence Specialist, Senior
Property Evidence Specialist, Support Services Lead Technician and Support Services 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
Miscellaneous Member employees including Police Records Technician, Police Officer Recruit,
Community Services Officer, Support Services Technician, Property Evidence Specialist, Senior Property
Evidence Specialist, Support Services Lead Technician and Support Services Supervisor hired on or after
January 1, 2013 who meet the definition of a CAPERS new member under PEPRA are provided benefits
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Agreement 2016-021
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 Ca1PERS on a pre-tax basis.
Deferred Compensation
The MOU for the period July 1, 2015 through June 30, 2016, provided eligible employees with a maximum City
match to deferred compensation of $1,300 each fiscal year. The parties agreed to end the City's match to deferred
compensation effective July 1, 2016 in exchange for a 1.375% salary increase effective July 1, 2016. Effective July
1, 2016, the City will not match any employee contributions to deferred compensation.
Because the parties did not agree to end the deferred compensation match until after the first two pay periods in July
2016, the City matched employee contributions to deferred compensation programs for the two pay periods ending
7/8/16 and 7/22/16. Because the effective date of the Agreement is July 1, 2016, Employees who received a City
match after July 1, 2016, must reimburse the City for these funds in exchange for the 1.375% salary increase.
Affected employees must choose one of the following re -payment methods:
1. Choose to reimburse the City in one lump sum; or
2. Negotiate a re -payment plan with the City; or
3. Authorize the City to correct the match by withdrawing the amounts matched in error from their
deferred compensation account.
The Association will not file or support any claim or cause of action to challenge the City's right to recover the
overpayments from the employee.
Each affected employee must sign a reimbursement agreement accepting responsibility for repayment and choosing
a reimbursement method before they are eligible to receive the additional 1.375% salary increase. All amounts shall
be paid back to the City no later than December 31, 2016.
SECTION 4.4 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).
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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.
SECTION 4.5 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 yrs 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 7.385 hours per pay period.
SECTION 4.6 HOLIDAYS
a. Employees shall receive twelve (12) holidays per calendar year. Said holidays shall be earned in eight (8) hour
increments on the l" day of the first full pay period of each month.
Employees may elect one of the following options with regards to holidays:
I . Hours as Earned: Employees may elect to receive eight hours of holiday time on the l st 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: 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 1 st 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 31 ", 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 31", to be processed no later than the
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second payday of January.
SECTION 4.7 BEREAVEMENT LEAVE
Employees shall be granted bereavement leave pursuant to the July 2012 City of Ataseadero Personnel System
Rules.
The City shall provide up to twenty-four (24) hours of paid bereavement leave for bereavement purposes.
Bereavement 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 4.8 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 4.9 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 4.10 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 4.11 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.
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b. Support Services Technicians 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.
Compensation shall be provided only when the Chief of Police or designee has specifically authorized the
assignment.
SECTION 4.12 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 4.13 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 $1,590.66
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 +l" coverage, the City shall pay an amount not to exceed
$1,169.44 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
$854.17 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 eight hundred dollars ($800) for all eligible Police
Officers, Police Corporals and Police Sergeants.
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 all eligible Police Officers, Police Corporals and Police Sergeants.
c. For all eligible Police Officers, Police Corporals and Police Sergeants - 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 $800.
The amount advanced upon hire would then be deducted from the employee's first full uniform allowance
check, the following July. (Example: If an employee worked six months in the first fiscal year, he/she would
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 a 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.
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,
• Support Services Technician,
• Property Evidence Specialist,
• Senior Property Evidence Specialist,
• Support Services Lead Technician
• Support Services Supervisor, and
• Community Services Officer
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.
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.
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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.
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.
ARTICLE VII - CLOSING PROVISIONS
SECTION 7.1 TERM
The term of this MOU shall commence on July 1, 2016, and expire on June 30, 2017.
SECTION 7.2 SIGNATURES
This MOU has been ratif d and adopted pursuant to the recommendation of the following representatives:
.
APA Date 9PA Date
QTY OFA RO ' —
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Mayor Date Qy.Man Ter Dat
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