The URL can be used to link to this page

Home My WebLink AboutAgenda Report - April 4, 2012 C-08AGENDA ITEM C40T M� CITY OF LODI COUNCIL COMMUNICATION Im AGENDA TITLE: Adopt Resolution Approving Memorandum of Understanding between the City of Lodi and the Lodi Police Mid -Management Organization for the period of January 1, 2012 through December 31, 2013 MEETING DATE: April 4, 2012 PREPARED BY: Deputy City Manager RECOMMENDED ACTION: Adopt Resolution approving Memorandum of Understanding between the City of Lodi and the Lodi Police Mid -Management Organization for the period of January 1, 2012 through December 31, 2013. BACKGROUND INFORMATION: The Memorandum of Understanding (MOU) between the City of Lodi and The Lodi Police Mid -Management Organization expired on December 31, 2011. The principle components of the MOU (attached as Exhibit A) are as follows: • The terms and condition of the MOU shall be from January 1, 2012 through December 31, 2013. • Employeeswill begin paying the full employee share of retirement (9 percent) effective July 1, 2012. • The Organization has agreed to a second tier retirement plan based upon a 3 percent at 55 formula with final compensation based upon the highest three-year average compensation. • Reduce bilingual pay by $50 per month to $150 per month. • Cap medical costs at the January 2012 level effective January 1, 2013. • Increase Advanced POST certificate incentive to $250 per month and create new POST incentives for Supervisory POST ($350 per month) and Management POST ($450 per month). Incentive to be paid only for the highest POST certificate held. • Return deferred compensation match (3 percent) effective June 25, 2012. • Eliminate the employee co -pay for medical insurance (currently $80 and $104 for employee + 1 and family, respectively). FISCAL IMPACT: It is estimated that the provisions of the MOU will save the City $218,000 over the term of this agreement. FUNDING AVAILABLE: Necessary funding will be included in each fiscal year budget. Attachment Jord n Ayers Deputy City Manager APPROVED:`�-- Konradt Bartlam, City Manager RESOLUTION NO. 2012- A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND THE LODI POLICE MID -MANAGEMENT ORGANIZATION WHEREAS, representatives from the City of Lodi and the Lodi Police Mid - Management Organization have bargained in good faith for the purpose of amending certain articles of the Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and the Lodi Police Mid -Management Organization; and BE IT FURTHER RESOLVED that said Memorandum of Understanding shall be effective for the period of January 1, 2012 through December 31, 2013. Dated: April 4, 2012 -------------------------------- -------------------------------- hereby certify that Resolution No. 2012- as passed and adopted by the City Council of the City of Lodi in a regular meeting held April 4, 2012, by the following votes: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS— ABSTAIN: COUNCIL MEMBERS— RANDI JOHL City Clerk 2012- MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LODI LODI POLICE MID—MANAGEMENT ORGANIZATION (LPMO) 20— DECEMBER 31,.2013 Deleted: JULY - '� -- -- --- Deleted: o7 _ Deleted: SEPTEMBER 30, Deleted: 1 CITY OF LODI AND POLICE MID-MANAGEMENTORGANIZATION—MOU 20L 2014 Table of Contents Pagek CHAPTER 1— SALARIES AND OTHER COMPENSATION Article I Salary and Term 4 Article II Uniform and Allowance 6 Article Ill Bi -lingual Pay 6 Article IV CompensatoryTime 6 Article V Court Time 7 Article VI Performance Incentive Bonus 7 Article VII Special Assignment Pay 9 Article VIII Out of Class Pay 9 Article IX Call Back Pay 9 CHAPTER 2 — BENEFITS AND INSURANCE Article X Employee Assistant Program 10 Article XI Deferred Compensation 10 Article XII Flexible Spending Account 10 Article XIII Chiropractic 10 Article XIV Education Incentive 10 Article XV Overtime 11 Article XVI Retirement 1 I Article XVII Sick Leave Conversion 12 Article XVIII Executive Physical Examination 13 Article XIX Medical Insurance 14 Article XX Dental Insurance 14 Article XXI Vision Insurance 14 Article XXII Life Insurance 15 Article XXIII Survivors Medical Benefits 15 Article XXIV Tuition Reimbursement 15 CHAPTER 3 —LEAVES Article XXV Vacation Leave 16 Article XXVI Administrative Leave 16 Article XXVII Holidays 17 Article XXVIII Sick Leave 18 Article XXIX Family and Medical Leave 18 Article XXX Catastrophic Leave 18 Article XXXI Bereavement Leave 18 Article XXXII Leave of Absence 18 Deleted: 07 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 201120q _ _ _ .. _ _ Pau # CHAPTER 4 — ORGANIZATION/ CITY ISSUES Article XXXIU Probation 19 Article XXX1V Personal Liability 19 Article XXXV Grievance Procedure 20 Article XXXVI Disciplinary Procedure 20 Article XXXVII City Rights 25 Article XXXVIII Employee Representation 25 Article XXXIX Employee Rights 26 Article XXXX Rest Period 27 Article XXXXI Changes in MOU 27 Article XXXXII Severability 27 CHAPTER 5 — WORK HOURS Article XXXXIII Attachment A V ------ ----------------- Hours of Work Salary Schedule 28 De : 07 1 Deleted: 1 J Deleted: Attachment B ... vacation Leave — Policy CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011-;9-1-4 City of Lodi Lodi Police Mid -Management Organization 2012,-2013 --------------------------------------------------------- CHAPTER 012,-2013--------------------------------------------------------- CHAPTER 1- SALARIES AND OTHER COMPENSATION ARTICLE I - SALARY AND TERM 1.1 The City of Lodi and the LPMO mutually agree the Lieutenant position is the benchmark position for all members of this bargaining unit for determining employee's compensation... ..................................................................................................... : 1.2 Sergeant's salaryryill be calculated by dividing the Lieutenants salary -by 1.20, creating a-,,,• ------------- 20% separation between Lieutenant and Sergeant. 1.3 Captain's salarywill be calculated by multiplying the Lieutenants salary by 1.20, creating — -- a 20% separation between Lieutenant and Captain„_ ........................................................ ........ . Deleted: 07 Deleted: 1 Deleted: 07 Deleted: I Deleted:I 1 1.2 . The Lieutenantssalary increases will be calculatedusing the following formula.¶ I . The City of Lodi and LPMO shall establish salary survey to include the following areas ofcomparison:¶ I Salary¶ PERS employee contributionpaid by employer¶ .Health Care Contributionspaid by employer¶ .EducationlncentivesQ .POST CertificatePaA Longevity Pay% Deferred CompensationContributions7 9 EffectiveJuly 1,2007, once the survey is complete the LPMO and the City of Lodi will calculate the Median of the surveyand the median will be used to calculatethe Lieutenants salary increases. Each year's survey called for herein will be based on Deleted: increases Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Bullets and Numberina 1.4 —�r.he terms -and- conditions. of this MOU shall continue in effect during the term of this, `., Deleted: increases --------------- - ----- - - - MOU. The City of Lodi and LPMO agree that the term is Jwuary 1. 2012 through Deleted:, - December 31 2013. Deleted: <#>July la, 2007 a salary surveywill be conductedusing the 1.5 The City of Lodi and the LPMO agree to commence negotiations no later than (3) months,,'';,'',;, f°rmulain section 1.2. salarieswill be increasedeffectiveJuly1", 2007 based rior to the expiration of the MOU _____ ,';; on the survey. (Notwithstandingary changes occurring after the date of this TentativeAgreement, the firstyear 1.6 Although the City is not required to perform or act on a salary survey during the term of';`.';,,,',', increasewill equal 11.7%for this MOU. in the event a salary survey is performed- the City ofLodi arld.the.LPMO '•;t','.'; Lieutenants. Captains and serge ,, II agree that the salary survey cities shall be as follows: Deleted: <#>Juiy I'r, 2009 a salary survey will be conducted usingth 2,, *Chico *Merced *Tracy Formatted T *Clovis *Modesto *Turlock Deleted:uly 14, 2007 *Davis *Redding *Vacaville Deleted: September3Q2011 *Fairfield *Roseville *Visalia ; Formatted *Manteca *Stockton *Woodland Deleted: or priortoJuly 1'r,2008ifCity revenuesdonoti „ q• Salaa survgys shall include the following areas of compensation: Deleted% Formatted 6' Salary Deleted: T Formatted CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION —MOU 20n-2011 .................... ... t Deleted: 07 " ( Deleted: I • PERS employee contribution paid by employer • Health Care Contribution paid by employer • Education Incentives Formatted. Indent: Left: V • POST Certificateav Formatted: Indent: Left: 0" • Longevity Pay • Deferred Compensation Contribution Formatted: Font: (Default) Times New Roman r Formatted: Font: (Default) Times 1.7 The parties entered into a side letter agreement a roved by the City Council on June 1' i •' New Roman 2011, the terms of which will continue in effect throu h the termination date referenced in the :- Deleted: LPMO will dismiss, and -------------------- side letter a eement. .• ; : ' pursue no furtheradministrativeor legal ----------- action regardingits grievance filed in 2007 under its MOU dated July 1,2006 - ARTICLE II - UNIFORM ALLOWANCE June 30,2007 concemingthe Lodi Mid - Management Association's grant o fa 4% COLA and whether that action triggered 2.1 The City agrees to provide a uniform allowance of $95P.99annuall LPMo's "Me Too"clause.¶ j <#>Exceptas modified herein, all other 2.2 The uniform allowance shall bepaid bi-weekly_ in conjunction_-wi_t_h regular pay checks pksi 1 terms of the MOU shall be the same as those for the LPMO MOU effective July Si 31,2003 - June 30,2007.1 2.3 The City agrees to repair or replace uniforms damaged or destroyed on duty unless gross tui 9#>Article 35.4 of the LPMO MOU negligence can be shown on the part of the employee. Receipts shall be required prior to %;1+ effectiveJuly 31,2003 - June 30,2007 reimbursement. a ± shall he amended to read as follows:¶ 1 SV Ifa grievanceis not resolved in Step One, Step Two shallbe the presentation of the 4 ;;;;; grievance by the Association Representative,in writing, to the City ARTICLE III — BI -LINGUAL PAY Manager who shall answer, in writing, " within fifteenwork days of receipt of the 3.1. Employees designated by the Department Head and approved by the City Manager who t',',,.,,1 grievance, the City Manager's decision shah he final and binding regarding the have passed a bi-lingual proficiency examination administered by the City shall receive a , „ :' city's AdministrativeProcess.1 1 monthly bi-lingual premium of $150.00........................................................................ si ¶.This Tentative Agreement only representsthe tentative agreement of the $ negotiatingparties. In order for it to becomebindingand effective it8 ARTICLE IV —COMPENSATORY TIME Deleted0 Deleted: to be increasedas follows:¶ 4.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for ; January 1,2004: ... rg� compensatory time shall be one and one-half hours for each hour of overtime time `; ! , Formatted: Indent: Left: 0", worked. 11 Hanging: 0.5" Formatted: Bulletsand Numbering 4.2 No more than two hundred forty (2401 hours of compensatory time may be carried on thee, ,C y Deleted: quarterly -- - ------ _ books at any time. Deleted in the months of March June, September, and December 4.3 An employee's decision to elect compensatory time instead of overtime pay IS",, `;,;. '.� Formatted: Indent: Left: 0", Hanging: 0.5" irrevocable.-&[ BLllefsand NumberirLo rDeleted: 200 4.4 Upon separation, the employee will be paid at the employee's current hourly rate or theme, average of the last three years, whichever is higher, for the remaining compensatory `'',,(Formatted fill balance. Formatted: Not Highlight I Deleted: eight (80) Formatted F.. r121 Formatted f ,.. r131 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION– MOU 20- 201, Deleted: 07 "l Deleted:1 4.5 Bar ag iningunit members shall be allowed to cash out W to a maximum of 100 hours Oft ------ Formatted. Indent: Left: 0", earned compensatory time offtwice per year in April and October. Hanging: 0.5" ARTICLE V — COURT TIME Deleted: three 5.1 Employees scheduled to make court appearances during off-duty hours, on scheduled :' Formatted: Font: 14 pt days off, or when on graveyard shift, shall be compensated at the rate of time and one- Formatted: Indent: Left: 0.06", half for actual hours involved in such appearances. In no event shall they be paid for less lamina: 0.44° thanfb.ur hours. Deleted'ARTICLEW- 5.2 Court appearances which are within two hours of the beginning of a shift or within one hour of the end of the shift shall be compensated at the time and one-half rate. Such appearances shall be reported as contiguous shift extensions. 5.3 Cancellation of scheduled appearance must be made at least two hours before said scheduled appearance or the minimum three hours shall be paid. 5.4 Employees who receive a subpoena to appear in court, shall notify their supervisor of the appearance date and time in order to provide the Watch Commander time to review the schedule to determine if rest period time is required, or additional staffwill be needed. ARTICLE VI - LONGEVITY PAY 6.1 After completing ten years of service with the Lodi Police De artment em to ees shall receive an annual longevity nay in the amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Police Department. Employees who have completedtwmiy years of service with the Lodi Police Department will receive Ion evity pay in the amount of $3.000 in November of the year following completion of twenty full years of service and each year thereafter. For the purposes of this article, all employees who as of October 31" meet the service level regnirement.-,,(either ten fulrc fii �nor twent ill 3parg e. first from thrst day of the month in which thev started their employment with the City of Lodi Police Department) shall receive the longeviV 12ay associated with their years of service with the Lodi Police Department. The incentive in this Article is limited to employees hired prior to the execution of this MOU. ----------------......................................................... .......... .-........ ........................................... ARTICLE VI I — SPECIAL ASSIGNMENT PAY 7.1 Employees assigned to SWAT or Sergeants assigned to the Detective Bureau or Office of- Professional Standards (OPS) shall receive an allowance equal to 4.5% of their normal base pay. It is mutually agreed that assignments to the Detective Bureau or SWAT are at BONU Q I A PerfarmanceIncentiveBonus (PIB) is a monetary reward for meritorious performance above andbeyond what is expectedand required ofall employees who satisfactorilymeet the standards of theirjob.1 Saidbonus will be $1,000 for those employeeswho have completedthe service requirementsof ten (10) years, and $2,000 for those employeeswho have completedthe service requirements oftwenty (20)years. I 4 Saidbonus is not a part ofbase salary. Receipt ofbonus for one year does not affectthe followingyear. Employees must submit a new application for each year theywish to be consideredforthe PIS.¶ It isunderstoodthat saidbonus is discretionary,and based upon meritoriousperformanceas describedin the PM evaluationcriteria.? 11 Employees who are granted a PIB by the evaluationcommittee, will be issued a separate check for the appropriate amount in November of each year of this contract,$ I To be eligible to apply for the bonus, employees must meet the following minimum .qualifications:¶ I <#>Employees must have completedat ]east ten (10) 8illyears of serviceat the rank of Police Officer or higher with the City of Lodi by the beginning of the precedingtime period being evaluated (Le, to be eligible for considerationin November of2003, an employeewill have to have had to complete ten (10) full years ofserviceby June 30,2003).1 <#>Emplovees must have, ata„, [141 Formatted: Indent: Left: 0”, Hanging: 0.5" Formatted: Bullets and Numberina CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 201Z- 2011 Deleted: 07 Deleted: 1 the sole discretion of the Chief of Police. No employee has the right to such assignment. Employees in such positions acknowledge, as does the LPMO, that employees may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal from such transfer or reassignment. ARTICLE VIII — OUT OF CLASS PAY 8.1 Employees in this bargaining unit who are designated by the Chief of Police to work in ao ------ Formatted: Indent: Left 0", Hanging: 0.5",Outline highernumbered+ level classification shall be paid an additional 5% of the employee's regular sal�y. Level: 2 +Nambering Style: 12 3, +Start at: 1+Alignment: Left+ Aligned at: 0" + Tab after: 0.25" + Indentat: 0.25", Tabs: 0.5", Listtab ARTICLE IX - CALL BACK PAY —+ Not at 0.25" 9.1 Officers called to appear for work within two hours of the beginning of a shift, or o n e Forrnatted: Indent: Left 0", hour after the shift shall receive overtime at the rate of time and one-half. Such Hanging: 0.5", Outline numbered + Level: 2 +Numbering Style: 12 3, appearances shall be reported as contiguous shift extensions. If the appearance begins ... +Start at: 1+Alignment: Left+ more than two hours before or more than one hour after the scheduled shift the employee Aligned t: .2 "Tab after: at0.0. + Indent at: 0.25", Tabs: Not at 0.25" will be credited a minimum of three hours at the time and one-halfrate. When an officer is ordered back to work on an "as soon as possible" basis and reports I within thirty minutes, the officer shall be compensated from the time of the call. Deleted:I ............................................................................................................ 4 CHAPTER 2 — BENEFITS AND INSURANCES ¶ ARTICLE X — EMPLOYEE ASSISTANCE PROGRAM ¶ Formatted: Left 10.1 Employees, their spouses, and dependent children are entitled to three (3) free visits per-..... Formatted: Indent: Left 0", year per family member with a licensed clinical social worker through $he Bmployee Hanging: 0.5", Outline numbered+ y p y Level: 2+ Numbering Style: 1, 2 3 Assistance Program provided through the City. This may be supplemented by medical ...+ Start at: I+ Alignment: Left+ insurance after exhaustion of the three (3) free visits. Aligned +Tab after: + Indent 0. 0.. 29", Tabs: Not aat t 0 0..29" Deleted: "options. " ARTICLE XI - DEFERRED COMPENSATION 11.1 Employees may participate in the City's Deferred Compensation Plan 11.2 The City will match up to maximum of 3.0% of gross base salary effective the pav eriod 1 !g o o0�7-tzry. ----- ---------------- DelEtPd! effective fhe DSY P�^� in which 1/1/04 falls X XII - EXIBLE ] ',ACCOUNT CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION —MOU 202013 .: ~ Deleted: 07 1 Deleted:1 12.1 Employees shall have the option of participating in the Flexible Spending Account*------ Formatted: Indent: Left: 0", (Section 125 Plan). Employees may elect to participate in; �9 J+ os", ning numbered + Level: 2+ Numbering numbered 1, 2, 3, .+Start at: 1+Alignment: Left+ a Premium Conversion Aligned at: 0" +Tab after: 0.25"+ Indentat: 0.25", Tabs: 0.5", I..Lsttab b) Non -reimbursed Health Care + Not at 0.25" c) Dependent Care Reimbursement 12.2 Elections for the calendar year will be made each December, or if a change in family- status occurs. Money not used by the end of each calendar year will be forfeited by the employee. date of January 1,2013. This program would incorporate. but not be limited to: medical, vision, dental, chiropractic and life insurance. The above listed terms of this agreement will be reopened for negotiation upon the City's presentation of a cafeteria plan. The City's =used cafeteria plan will offer substantially the same or better benefits to< , those currently received by unit members. ARTICLE XIII - CHZROPRACTIC Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Lev I: 2 + Num ring Style: 1 2 3, . Startat: 1 Alignment: telt+ Aligned at: 0" +Tab after: 0.25" + Indentat: 0.25", Tabs: 0.5", Listtab +Not at 0.25" Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered+ Level: 2+ Numbering Style: 1, 2, 3 ...+ Startat: 1+Alignment: Left+ Aligned at: (Y'+ Tab after: 0.25" + Indent at: 0.25", Tabs: 0.5", List tab + Not at 0.25" 13.1 Chiropractic services may be received by employees and dependents. This benefit allows ----- Formatted: Indent: Left 0", u to a maximum of40 visits per calendar year. Co -payments for services are $10.00. Hanging: Nu Outline numbered+ p p yLevel: 2 +Numbering Style: 1, 2, � + Start at: 1 + Alignment: Left + Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29", Tabs: Not at 0.29" ARTICLE XIV - EDUCATION INCENTIVE 14.1 Effective upon ratification, Education incentives will be available to eligible employees as follows: Bachelor's Degree: _$200.00 per month AdvancedP=: ,250.00 per month OR ARTICLE XV - OVERTIME 15.1 The following special provisions for the payment of overtime will apply to Police Sergeants and Police Lieutenants. Employees shall be compensated for overtime at the time and one-half rate for time worked due to emergencies. Emergencies shall be determined by the appropriate department head and include but are not limited to such events as: _ nPiPrPd- Deleted: Deleted:0 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION —MOU 2011- 2013 ' The necessity to cover scheduled shifts; ' Direct supervision of crews assigned to work during normal days off to accommodate the public; • Break down of equipment and/or systems requiring the presence of the mid - manager in order to restore service. I 15.2 Overtime pay shall not be paid for the following: + Staff meetings • Specialprojects • Conferences and seminars - except as noted below • Appearances before City Council and commissions, • Public information presentations, • Activities involved with the completion of normal activities or programs such as budgets inventory annual financial closings labor negotiations and recreation programs. 15.3 All overtime must be approved by the department head. Any deviations from theses' guidelines must be approved in advance by the departmenthead and the City Manager. 15.4 Upon promotion into a Mid -Management position only previously accrued compensatory - time must be paid or used prior to the promotion. 15.5 Police Lieutenants and Sergeants shall be compensated for overtime hours necessitated by - attending State mandated training and for work on special events as designated by the Chief of Police or Division Commander. 15.6 The classification of Police Captain is deemed exempt from overtime and is not eligible' for overtime pay under this article unless such overtime is required during a declared state of emergency and expenditure is mandated for reimbursement to the City of Lodi. ARTICLE XVI - RETIREMENT 16.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System. Employees shall receive the followingretirementbenefits- The fnllnwin94 lan is available to employees hired prior to the date of execution of this MOU: ,Public._ Safety 3% A 50 plan 1959 Survivors Benefit — Third Level Employee's 9% paid.as noted below .............. *Credit for Unused Sick Leave Military Service Credit as Public Service Single Highest Year 9 l Deleted: 07 [Deleted: 1 Formatted: Indent: Left 0", ianging: 0.5", Outline numbered+ Level: 2+ Numbering Style: 1, 2 $ + Start at: 2 +Alignment: Left + 411gned at: 0" +Tab after: 1"+ Indentat: 1", Tabs: Notat 1" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ...+Start at: 2 + Alignment: Left+ Aligned at: 0" +Tab after: 1"+ Indentat: 1", Tabs: 0.5", Listtab + Notat 1" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1.2 � ...+ Start at: 2 +Alignment: Left+ Aligned at: 0" +Tab after: 1" + Indentat: 1", Tabs: 0.5", Listtab + Notat 1" Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 a + Start at: 2 +Alignment: Left + Aligned at: 0" +Tab after: 1" + Indent at: T', Tabs: 0.5", List tab + Notat 1" Formatted. Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1.2 3, + Start at: 2 +Alignment: Left+ Aligned at: 0" +Tab after: 1"+ Indentat: 1".Tabs: Notat 1" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered + Level: 2+ Numbering Style: 1, 2 3, ...+Start at: 1+Alignment: Left+ Aligned at: 0" +Tab after: 0.25" + Indent at: 0.25", Tabs: 0.5", Listtal + Not at 0.25" Deleted:9 1 Formatted. Indent: Left 0" Deleted: y Deleted: by City Formatted: Indent: Left 3.25", Bulleted+ Level: 1+ Aligned at: 0" +Tab after: 0.25" +Indent at: 0.25", Tabs: 3.5", List tab + Not at 0.25" Formatted: Indent: Left 3,25", Bulleted+ Level: 1+ Aligned at: 0.25" + Tab after: 0.5" + Indent at: n K" Formatted: Normal, Line spacing: single, No bullets or numbering CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011-;01-4 will apply: Public Safetv 3% n, 55 olan • 1959 Survivor Benefit — Third Level • Employee's 9% paid as noted below • Credit for Unused Sick Leave • Military Service Credit as Public Service • Highest Three Year Average 16.3 Employee shall pay the Employee's share of retirement (9% effective the pay period in which July 1, 2012 falls., ARTICLE XVII - SICK LEAVE CONVERSION 17.1 Employees hired prior to July 1, 1994, after 10 years with the City and only upon retirement, may convert their accumulated sick leave time to medical insurance premiums or cash under the following options: OPTION#1 - "Bank" The number of accumulated hours shall be reduced by 16-2/3% and the remaining balance converted into days. The days are then multiplied by the current monthly premium being paid by the City for the employee and, if applicable, his/her dependents. Fifty percent of that dollar amount will be placed into a "bank" to be used for medical insurance premiums for the employee, and if applicable, his/her dependents. For each year of employment over 10 years, 2.5% will be added to the 50% used in determining "bank" amount. Total premiums shall be paid from the Bank until its depletion, at which time the conversion benefit stops. EXAMPLE: Lt. John Smith retires with 25 years of service and 1800 hours of unused sick leave: SickLeave Hours - 1800 x 16%%(reduced per MOU) = 299.99 1800 minus 299.99 =1500.01 1500.01 divided by 8 (coverage factor) = 187.5 187.50 times 87.5% (% of coverage) =164.1 164.1 times 694.86(current medical premium) = $114.026.52 Employees may also use their banks money to purchase Dental and/or Vision Insurance at the current premiums until their bank is depleted. OPTION 42 - "Conversion" The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The amount of premium paid shall be the same as the 10 t Deleted: 07 Deleted:1 1 Formatted: Font: 1201 ... -i Formatted: Font: 120t Formatted: Indent: Left: 0", Hanging: 0.4', Outline numbered + Level: 2 + Numbering Style: 1, 2 3, ... +Start at: 1+Alignment: Left+ Aligned at: 0" + Tab after: 0.25" + Indentat: 0.25", Tabs: Notat 0.25" CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION— MOU 20il-2013,E premium paid by the City at the time of retirement. Any differences created by an increase in premiums must be paid for by the employee. EXAMPLE: Lt. John Smith retires with 25 years of service and 1800 hours of unused sick leave: Sick Leave Hours - 1800 divided by 8 (coverage factor) = 225 225 times 87.5 (% of coverage) =196.88 196.88 divided by 12(yrs) =16.4 total years of coverage OPTION #3 - "Cash -Out" A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the rate of 30% of base pay per hour. OPTION #4 — "Service Credit" A retiring employee will be able to convert unused sick leave to service credit for Cal < ; PERS retirement purposes. 17.2 Employees hired after July 1, 1994 will not have the option of converting unused sick" s leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The s only option available to these employees is OPTION #4 "PERS CREDIT". 1 17.3 In the event an active employee dies before retirement and that employee is vested in the•' Sick Leave Conversion program (10 years) the surviving dependents have an interest in r one-half (1 /2) the value of the bank as calculated in section 17.1. 17.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick LeaveF Conversion program to purchase medical insurance at the employee only premium for the same period as if the retiree had not died. 17.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the-' option of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time. 17.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the - City's liability as specified in Section 17.1; Option #2. ' 17.7 Only one City of Lodi employee may carry dependent coverage for another City' employee, therefore, upon retirement the employee may re -enroll as an individual into the health plan in order to take advantage of the Sick Leave Conversionprogram. 17.8 A retiree or surviving dependent may purchase dental and vision insurance at the City' group rate through the Sick Leave Conversion options. 17 [Deleted: 07 J Deleted: l Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0" +Tab after: 0.25" + Indentat: 0.25", Tabs: Notat 0.25" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, +Startat: 1+Alignment: Left+ Aligned at: 0" +Tab after: 0.25"+ Indentat: 0.25",Tabs: Notat 0.25" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2+ Numbering Style: 1, 2 � ...+ Startat: I+ Alignment: Left+ Aligned at: 0" +Tab after: 0.26'+ Indent at: 0.25", Tabs: Not at 0.25" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, . + Start at: 1 + Alignment: Left + Aligned at: 0" +Tab after: 0.25" + Indent at: 0.25", Tabs: Not at 0.25" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ... + Start at: 1+Alignment: Left+ Aligned at: 0" + Tab after: 0.25" + Indentat: 0.25", Tabs: Notat 0.25" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ...+ Startat: 1+Alignment: Left+ Aligned at: 0" +Tab after: 0.25" + Indent at: 0.25", Tabs: Not at 0.25" Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered+ Level: 2 + NumberingStyle: 1, 2 3, ... + Start at: 1 + Alignment: Left+ Aligned at: 0" +Tab after: 0.25" + Indentat: 0.25". Tabs: Notat 0.25" Deleted: ARTICLE XVIII - EXECUTIVEPHYSICAL EXAMIN TION¶ I <#>Employees may electto receive an annual executivephysical examinationin accordance with the provisions of the City's medicalinsuranceplan to include any and all of the following procedures as applicableand as deemed necessary by the employee's physician: I I. - .Acompleteoffice examination . • . An executiveblood panel¶ • .Urinalysis. • .Mammograral • . Pap smear. • . Chest X-ray} • .EKG(resting)j 9 <#>Employees shallbe reimbursed for costs not covered by the medical I5 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011-2011 Deleted: 07 Deleted: l ARTICLE XIX - MEDICAL INSURANCE 19 _.... 6a1PERS medical plans. City shall pay 100% of the premium for employee's family category (Family, Employee + I, Single) for the lowest cost PERS HMO available in Lodi's geowUhical area (excluding Porac) effectiveJanuary 1.2012. The C4 will waive the current !-,=Ioyee medical ntritin effective the first a period that begins two weeks after this agreement is approved by Council. If an em to ee elects not to be covered by medical insurance through the C4 of Lodi, an additional: 692.81 per month for Famil 532.92 per month for Em to ee + 1 305.22 per month for Single will he added to either the. emnlovee'q deferred cornnensation arcolint or In order t qualifyquatify for this provision, proof of gfoup insurance must be provided to the CitX 19.2 famil category: 1587.14 for Famil 1220.88 for Em to ee+ 1 610.44 for Single. If employee selects a higher cost plan, employee will pay the difference as a payroll deduction 19.3 shall allow a maximum of seven City e=ltom associate m of LPMO solelv to allow access to health plans not otherwise available to non public safe members. Associate membershi s shall be allotted on a first-come first-servedbasis. ARTICLE XX - DENTALINSURANCE 20.1 Employees are provided fully paid family dental insurance. 20.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per calendaryear. There is a $25 deductible plus co-insurance features. ARTICLE XXI - VISIONINSURANCE 21.1 Employees are provided with familyvision care insurance through Vision Service Plan. Services and amount of coverage are outlined in the VSP Summary of Benefits. ------------------------'''"'. 12 Deleted: 9 Deleted:. All employees are offered medical insurance(including pharmaceutical)for themselves and dependents through UPERS-Medical Plans. City shall pay 100%premium for employeeonlyup to the highestHMO availablein our geographical area. Effective as soon as administratively possible, employees will be responsible for a share of cost of their medical premiums as follows: a) Employeeswith no dependents— $0.00 monthly, b) Employeeswith one dependent- $80.00 monthly, c) Employees t4L more than one dependent- $104.00 monthly. Employees selecting a PPO or other availableplan shall also be responsible forthe differencein costbetween the highest HMO and the selectedplan, in addition to the specifiedemployee share ofcost. Any employeewhoisothemise coveredby a medical plan and chooses not to utilize the full extent of medical coverage availableto him or her, as applicable, to his or her dependent(s) may opt to receive the following: $25.00 per pay period paid into the employees deferredcompensation account if not covering eligible dependentsor if no coverage is elected $71.15 per pay period will be depositedinto the employees deferred compensation account. This section shall not be construed to allow individualswithout dependents to receive any portion of the dependent premium. Formatted:Tabs: 1.06", Left Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ... +Start at: 2 + Alignment: Left+ Aligned at: 0" + Tab after: 0.29" + Indentat: 0.29", Tabs: 0.5", Listtab + 1.06", Left + Not at 0.29" Formatted: Indent: First line: 0", Tabs: 1.06", Left Formatted: Indent: Left 0", First line: 0, Tabs: 1.06", Left Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ... +Start at: 1+Alignment: Left+ Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tabs: 0.5", List tab + Not at 0.25" Deleted: ¶ 1 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION— MOU 2012 2013 ARTICLE XXII - LIFEINSURANCE 22.1 F}nplo ees areprovided with term life and accidental deathldismemberment insurance up!,,;... -------- - ---- - to $25,000. These benefits decrease after age 70 on a sliding scale, depending on age. 22.2 Employees are provided with $100,000 of accident insurance while traveling on City -,,, 4 business outside the City limits. Spouses are only covered while accompanying the City employee on City business, or while conductingbusiness on behalf of the City. ARTICLE XXIII - SURVIVORS MEDICAL BENEFITS 23.1 The City shall pay 100% of the premiums for health and dental benefits described in this MOU for the surviving spouse and any minor children of any member of the LPM who is killed or dies during the performance of official duties. Premiums will be paid at the current rate in effect at the time of the member's death. Premiums will continue to be paid by the City until such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either: (1) the children become adults, or (2) the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries. ARTICLE XXIV - TUITION REIMBURSEMENT 4.1 -,r Reimbursement Policy. The City will not eliminate this policy during the term of this MOU. CHAPTER 3 — LEAVES ARTICLE XXV - VACATION LEAVE 25.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits: Beginning with: Date of Hire: 6th year 12thyear 15thyear 21 st year 3.08 hours per pay period, 4.62 hours per pay period 5.23 hours per pay period 6.16 hours Per Pay period.--. 6.47 hours Per Pay period ........ 13 [Deleted: 07 J I Deleted: 1 Deleted: As soon as administratively Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ...+ Startat: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.29" + Indent at: 0.29", Tabs: Not at 0.29" Deleted: e ( Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered+ Level: 2 +Numbering Style: 1,2 a ... +Startat: 1+Alignment: Left+ Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29", Tabs: Notat 0.29' , Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered + Level: 2+ Numbering Style: 1, 2 3, . + Start at: 1 + Alignment: Left+ Aligned at: 0" + Tab after: 0.29" + Indent at. 0.29", Tabs: Not at 0.29" Deleted: POAL Deleted: <#>Employees shall receive the following:$ t 1. Tuition costs, up to a maximum of $1,804 per fiscalyear, to be paid upon the satisfactorycompletion of course work.¶ ll 2. The full cost ofbooks required for courses taken.$ U The maximum amount reimbursed is based on fees for two courses of study at California State University Sacramento. This maximum amountwill be updated annually. A fiscalyear is the period between July 1 and June 30. The final date ofclass shall determinethe fiscal year in which that course falls. 9 I This sectionw i I I be applied toward registration fees at an accreditedCollege or University. Coursework must be part of a program of study toward obtaining an Associate of Arts, Bachelors, or any Formatted: Indent: Left 0", Hanaina: 0,5" Deleted: . (10 days peryear) ... Deleted: .(15 daysoervear) Deleted. .(17 days per year) Deleted: .(20 days per year) ...... Deleted: .(21dayspervear) CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION – M 2 i1 -201 i Delet 0� 3, —, -1 C 1 d i 22nd year 6.78 hours per pay period ....... Deleted:. (22 daysperyear) 23rd year 7.09 hours per pay periodDeleted: (23 days PeF y— 1 24th year 7.40 hours per pay period, ----------------------------------------- (Deleted: .(24 daysperyear) 25th year 7.71 hours per pay period............................................................. .. Deleted; .(25 daysperyear) 25.2 Employees hired after July 1, 1994 shall receive the following vacation benefits: - Formatted' Bullets and Numbering Beginning with: Deleted. .(10 daysperyear) Date of Hire: 3,08 hours per pay period.._..................................................... - ' ,• Deleted: .(15 daysperyear) 6th year 4.62 hours per pay period--------------------------------------------------------- Deleted: .(17 daysperyear) 12thyear 5,23 hours per pay perio4------------------------------------------------------------ 15th year/above 6.16 hours per pay period Deleted: .(2odays per year) .............................. """ Formatted: Indent: Left 0", Hanging: 0.6' 25.3 Employees promoting into a Mid -Management position will follow the vacation schedule,;------ Formatted. Bullets and Numbering referenced in articles 25. 1, or 25.2, depending on their initial employment with the City of Formatted: Indent: Left 0", Lodi Hanging: 0.5" Formatted: Bullets and Numbering 25.4 Vacation leave shall be used in increments of not less than quarter hours. Employees may-'' Deleted: This policy is incorporated accumulate a maximum of twice the employee's annual vacation accrual. If and when the into the Mou as Attachment B. accrual cap is reached, no additional vacation hours will be accumulated until the Formatted: Indent: Left 0", employee's vacation usage brings the accumulated number of hours under the cap, Level 2: Numbering numbe1, Zred 3, + Start at: 1 +Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indentat: 0,25", Tabs: 0.5", Listtab ARTICLE XXVI - ADMINISTRATIVELEAVE + Not at 0.26' Formatted: Indent: Left 0", Hanging: 0,5", Outline numbered+ 26.1 Employees will be given 80 hours of administrative leave per calendar year; credited in- Level: 2 + Numbering Style: 1, 2 3, January for purposes of use. Leave shall be taken in increments of not less than uarter ---+ Start at: 1+Alignment: Left+ q Aligned at: 0" +Tab after: 0.25" + hours. Balances must be used prior to December 30 or they will be lost. Indent at: 0.25", Tabs: 0.5", List tab + Not at 0.25" 26.2 New employees or employees becoming eligible due to a promotion receiver administrative leave on a prorated basis, with six 1 pint six seven (6.67)_hours granted for each full calendar month remaining in the calendaryear with a maximum of 80 hours. 26.3 Employees separating mid -year will receive a cash pay out for unused Administrative*' Leave on a prorated basis in accordance with 26.2. Administrative leave used, but not accrued in accordance with 26.2 shall be repaid to City. 26.4 Employees are eligible to cash out up to 40 hours of their current Administrative Leaver` balance in any calendar year except in the months of May and June. A request to cash out Administrative Leave must be in writing and submitted to the Finance division,-_, _ ARTICLE XXVII - HOLIDAYS 27.1 All employees shall receive 135 hours of floating holidays. 14 Deleted: eight _ Formatted: Indent: Left: 0', Hanging: 03", Outline numbered + Level: 2 + Numbering Style: 12 3, ... + Start at: 1 + Alignment: Left+ Aligned at: 0" + Tab after: 0.25" + Indentat: 0,25", Tabs: 0.5", Listtab + Not at 0.25" Formatted. Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, ... +Start at: 1+Alignment: Left+ Aligned at: 0" + Tab after: 0.25" + Indentat: 0,25", Tabs: 0,5", Listtab + Not at 0.25" Deleted: Department Formatted. Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, . + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indentat: 0,25", Tabs: 0,5", Listtab + Not at 0.25" CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011-;O1,& Deleted: 07 Deleted: 1 27.2 All employees assigned to a 40 hour work week shall observe fixed holidays as shown: ....... Formatted: Indent: Left 0", ?74 If holiday time is not used by the end of the calendar y any remaining hours will bei,,;;;; Level: 2 + Numbering Style: JZ 3 ...+ Start at: 1 +Alignment: Left+ Aligned at: 0" +Tab after: 0.25" + Indentat: 0.25", Tabs: 0.5", Listtab +Not at 0.25" Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3 + Start at: 1 + Alignment: Left T New Year's Day January I ... Martin Luther Kin Jr. Da King Y 3rd Monday in January Y �'Y Aligned at: 0" +Tab after: ,Lis + Indentat: 0.25", Tabs: 0.5", List tab Presidents Day 3rd Monday in February +Not at 0.25" Memorial Day Last Monday in May Oct Nov Dec 10 0 ' II Independence Day July 4" ------ ------- ------------------- ... ....................................................... ...............--------- -.. ARTICLE XXVIII - SICKLEAVE Labor Day 1' Monday in September 28.1 Sick Leave is earned at the rate ofA.1hours per pay period with no limit on the amount -'r ThanksgivingDay 4" Thursday in November Indent: Left 0", Hanging: Hanging: 0.5; Outline numbered+ Level: 2 + Numbering Style: 1, 2 3 ...+ Start at: 1+Alignment: Left+ Day after Thanksgiving Friday following Thanksgiving Day Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29", Tabs: Not at 0.29" Last Half of Christmas Eve Day - December 24th 29.1 The City ofLodi will comply with the requirements of the federal Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA), as defined in CaliforniaGovernment Code Sections 12945 et seq. and reflected in the City's Policy and Procedures Manual. Christmas Day December 25th 27.3 Holiday hours shall be taken in increments of not less than quarter hours, --------- f, Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered + ?74 If holiday time is not used by the end of the calendar y any remaining hours will bei,,;;;; Level: 2 + Numbering Style: JZ 3 ...+ Start at: 1 +Alignment: Left+ Aligned at: 0" +Tab after: 0.25" + Indentat: 0.25", Tabs: 0.5", Listtab +Not at 0.25" -car, cashed out to the employeejn the first pav period in January _ _ ; , , 27.5 If hired or separated mid -year, employee shall be credited or debited with fixed holidays.:,';,N",,",;, Deleted: andmaynotbecarriedinto remaining plus floating holidays per the following schedule: me foRowingcalendar year. Formatted: Strikethrough Formatted: No bulletsor numberina Four Floating Holidays: Month Hired or Separated Hours adde_ d_ Hours, Subtracted ; ---- ---`--------' --` Jan Feb March 40 30 '; ;' April May June 30 20 July Aug Sept 20 10 Formatted: Indent: Left 0", Hanging: 0.5", No bullets or numbering Deleted: in first pay period it December Oct Nov Dec 10 0 ' II Formatted: Indent: Left 0", Hanging: 0.5", No bullets or numbering Deleted:�gys ------ ------- ------------------- ... ....................................................... ...............--------- -.. ARTICLE XXVIII - SICKLEAVE Deleted. Daus Deleted: y I 28.1 Sick Leave is earned at the rate ofA.1hours per pay period with no limit on the amount -'r - that can be accrued. Sick leave shall be taken in increments of not less than quarter ". " 11 n Indent: Left 0", Hanging: Hanging: 0.5; Outline numbered+ Level: 2 + Numbering Style: 1, 2 3 ...+ Start at: 1+Alignment: Left+ hours. ARTICLE XXIX — FAMILY AND MEDICAL LEAVE Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29", Tabs: Not at 0.29" Deleted: 4.62 29.1 The City ofLodi will comply with the requirements of the federal Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA), as defined in CaliforniaGovernment Code Sections 12945 et seq. and reflected in the City's Policy and Procedures Manual. Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2 � ... +Start at: 1+Alignment: Left+ Aligned at: a' +Tab after: 0.29" + Indentat: 0.29", Tabs: Notat 0.29" ARTICLE XXX -CATASTROPHIC LEAVE 15 I CITY OF LODI AND POLICE MID-MANAGEMENT ORGANIZATION — M 30.1 Catastrophic leave is availableto employees is accordance with the City's current Catastrophic Leave police,..-............................. - ............................. _ Deleted: AdministrativePolicy and Procedure dated February 5,2003 ARTICLE XXXI - BEREAVEMENT LEAVE 31.1 Bereavement leave is availableto employees in accordance with the City's current Bereavement LeaveOIicDeleted: ........................................................--........................... AdministrativePolicy and ProceduredatedMay 1, 1995 ARTICLE XXXII — LEAVE OF ABSENCE 32.1 Leave of Absences are available to employees in accordance with the City's current T of Absence , ....: Deleted: AdministrativePolicy and eave pg!jg Procedure dated May 1, 1995 CHAPTER 4 - ORGANIZATION/CITY ISSUES ARTICLE XXXIII - PROBATION 33.1 Employees have a probationary period of one year. During probation, new hires have the same rights and privileges as regular employees, except that: • City and employee may mutually agree to an extension of the probationary period up to six additional months. Employee serves "at will" and rejection during probation cannot be grieved. New hires and promotional appointments shall be eligible for a merit increase at the completion ofprobation. 16 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION —MOU 2014- 2013j ARTICLE XXXIV - PERSONALLIABILITY 34.1 Employees shall be indemnified and held harmless by the City against all costs, legal expenses, and liability arising out of decisions made in their capacity for the City of Lodi and/or from any cause of action for property damage, or damages for personal injury, including death, sustained by person(s) as a result of a decision made in their capacity, exceptthat: A. The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former employee if the City determines that: 1. The act or omissions was not within the scope of their employment; or 2. They acted or failed to act because of actual fraud, corruption, or actual malice; or 3. The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee. B. The City is not required to but may pay any claim of judgment for punitive or exemplary damages under the following circumstances: 1. The judgment is based on an act or omission of an employee or former employee acting within the course and scope of their employment as an employee of the City. 2. At the time of the act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actual malice and in the apparent best interests of the City. 3. Payment of the claim ofjudgment would be in the best interests of the City. 4,RTICI XXXV GRIEVANCE i JRE i Disputes it g the following subjects shall be determined by the Grievance E list c : A. Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letter of Agreement, and formal interpretations and clarifications executed by the Association and City. B. Disputes as to whether a matter is proper subject for the Grievance Procedure. C. Disputes which may be of a "class action" nature filed on behalf of the Association or the City. 35.2 Class action Grievances shall be submitted in writing from the LPMO's President to the " City Manager or vice versa. 17 {Deleted: 07 ( Deleted: t 1 Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2, 3, . + Start at: 2 + Alignment: Left + Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29". Tabs: Notat 0.29" CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 201?, -2013, :.- . `� Deleted: 07 j -I Deleted: ] 35.3 STEP ONE Discussion between the employee, the Association Representative and the Department Head, who will answer within fifteen work days. This step shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. Formatted. Outline numbered + Level: 2 + Numbering Style: 12 3,, + Startat: 2 +Alignment: Left+ Aligned at: 0" +Tab after: 0.29" + t Indent at: 0.29", Tabs: Not at 0.29" 35.4 STEP TWO ... Formatted. Indent: Left 0.5" If a grievance is not resolved in Step One, Step Two shall be the presentation of the-'" pit �—�'!91." P�a"�P; t olved grievance by the Association Reuresentative, in writing. to the City Manager who shall in rep Onep Two shMIT. ifie presentation of the grievance, in writing, answer. in writing., within fifteen work days of receipt of the mievance, the City b the Association Representative to the Manager's decision shall be final and binding regarding the City's Administrative Manager, who shag answer, rn Process. wry within fifteenwork days of receipt of the grievance. The City Manager's decision shall be final and binding. Step Three shall he taken within fifteenwork days of the date of the ARTICLE XXXVI - DISCIPLINARY PROCEDURE answer in Step Two.¶ Formatted: Indent: Left: 0", Hanging: 0.56", Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, y„cu u,. v Indent at: 0.29", Tabs: Not at 0.29" Formatted: Indent: Left: 0", nuync Indent at: 0.29", Tabs: Not at 0.29" ------------- public on the basis of race, color, national origin, religious creed, ancestry, sex, sexual liatitea to rlte 36.4 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated-, ;': by the City department head for cause against any employee under his/her supervision. ',J. Disciplinary actions in the form of termination or discharge shall be subject to final approval from the City Manager. ' 36.5 Notice (except in the case of oral or written reprimand): Notice of Intended Disciplinary Action shall be prepared in writing by the department head or designee proposing the discipline and shall be served on the employee in person or by registered or certified mail. Notice shall be served prior to the action becoming effective; however, where circumstances require immediate removal of the employee from the workplace, notice shall be provided within two (2) working days from the date the employee is removed from the workplace. Employees so removed shall be placed on paid leave pending imposition of discipline. A copy of the Notice of Intended Disciplinary Action shall also 18 duties.1 Absence without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure to report to work after a leave of absencehas expired, or after a leave has been disapproved or revoked.? 4>Misconduct;wil1ul or negligent violation of the personnel rules, resolutions, and/or other related ordinances includingwritten deparhnental rules, rWilations, and policies.1 Formatted: Bullets and Numbering Deleted: Threats of violence against City employees and/or City property Formatted __ __ CITY OF LODIAND POLICE MID-MANAGEMENTORGANIZATION- MOU 2011-201-1 ` j Deleted: 07 be filed with the Human Resources Director. The written Notice of Intended Disciplinary Action shall contain the following information: I . The specific type of disciplinary action; 2. The effective date of the action; 3. The specific reason(s) or cause(s) for the actions; 4. Notice that the employee may inspect copies of all materials upon which the action is based, and 5. Notice that the employee has the right to respond orally or in writing within ten (10) days to the department head initiating the disciplinary action. No hearing before the City Manager is available to review oral or written reprimands. An employee who responds orally or in writing to the departmenthead shall be entitled to meet in an informal conference with the department head or designee and shall be given the opportunity to rebut the charges against him/her or to state any mitigating circumstances. In the case of oral or written reprimand, the department head's decision shall be final. In the case of discharge, demotion, suspension, or reduction in pay, the department head or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose, rescind or modify the proposed disciplinary action. The recommended proposed disciplinary action shall also be served on the employee. The recommendation shall contain: 6. The specific type of disciplinary action; 7. The specific reason(s) or cause(s) for the actions; 36.6 Final Notice of Disciplinary Action: Following review of the department head's- ---- Formatted: Indent: Left: 0, Hanging: Outline numbered+ recommendation and the determination by the City Manager, the City Manager shall Level: 2 +Numbering Style: 1, 2 3, prepare a Final Notice of Disciplinary Action, advising the employee of the action to be ... + start at: s + Alignment: Left+ taken, its effective date, and the employee's appeal rights. ndentar 0.29", T bs:Notat 0.29' 1. Disciplinary action shall become effective on the date stated in the Final Notice of Disciplinary Action, unless the date is otherwise extended by the City Manager. 2. The City Manager shall file a copy of the Final Notice of DisciplinaryAction with the Human Resources Director. The Final Notice of Disciplinary Action shall be deliveredpersonally to the employee or shall be sent by registered or certified mail. 36.7 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision. The employee may appeal disciplinary decisions by filing a written appeal with the Human Resources Director within fifteen (15) work days following service of the Final Notice of Disciplinary Action. The written appeal shall contain a written reply to the charges against the employee and written request for an appeal hearing. The employee shall submit a copy of the appeal to the City Manager. 19 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011- 2013 36.8 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer selected through the California State Mediation and Conciliation Services to hear the appeal and submit an advisory decision to the City Manager. Selection of the hearing officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers from the office of the California State Mediation and Conciliation Services. Absent mutual agreement on a name on the list, the parties will strike names from the list for final selection of the hearing officer. The selected hearing officer shall adhere to the following standard of review and hearing procedures: 1. The appeal hearing shall be informal and strict rules o f evidence shall not apply. 2. The parties will have the right to present and cross-examinewitnesses, issue opening and closing statements, and file written closing briefs. Witness testimony shall be under oath or affirmation. 3. The hearing officer may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. 4. Attendance at the appeal hearing shall be limited to those determined by the hearing officer to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representatives and the City's representatives. 5. The appeal hearing will be held on the City's premises. 6. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to reviewing the factual basis supporting the discipline and determining that the factual basis was reached honestly, after a fair, appropriate and procedurally correct investigation and for reasons that were not arbitrary, discriminatory or pretextual. Should the hearing officer, conducting the review specified above, affirm the factual basis for the discipline decision, he/she may not substitutehis/her judgment for that of management's as to the level of discipline imposed. In the event the hearing officer finds that the level of discipline is excessive, he/she may submit an advisory opinion concerning what he/she feels would be the appropriate level of discipline to the City Manager. Should the hearing officer not affirm the factual basis for the discipline, the normal remedy will be to remand the matter to the decision level where the error occurred for reevaluation and/or correction consistent with the hearing officer's findings. In such a case, the hearing officer will have the authority to retain jurisdiction over the appeal to ensure compliance with the remand decision. 7. The cost of the hearing officer shall be borne by the City. The parties will share equally the cost of the court reporter and each side will bear their respective costs of representation. 36.9 Any decision ofthe City Manager shall be final and binding. Deleted:07 Deleted:1 oleted: i Deleted: For employees covered by the requirements of C alifomia Govemment Codesection I 3300 et. seq., the appeal procedures in this section shall be 36.10 Judicial review of any decision rendered under this section shall be governed by Code of deemed to comply with and fully satisfy the right to an administrative appeal CIVIL Procedure SOCtIOn 1094.5 I v.,.__--...___.._.____-...__-.._._......------------------------.---.----...._i ., under Government Code section 3304. Formatted: Indent: Left: 0", First line: 0" 20 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011 2013 _ _ Deleted: 07 I Deleted: 1 36.11 Notwithstanding an in this MOU. all discipline under this MOU shall conform to the requirements of the Police Officers Bill of Rights. Article XXXVII —CITY RIGHTS 37.1 It is further understood and agree between the parties that nothing contained in this MOU- shall be construed to waive or reduce any rights of the City, which include but are not limited to ,the exclusive rights to: • Determine the mission of its constituent departments, commissions, and boards Set standards of service • Determine the procedures and standards of selection for employment • Direct its employees • Maintain the efficiency of governmental operations • Determine the methods, means, and personnel by which government operations are conducted • Take all necessary actions to carry out its mission in emergencies • Exercise complete control and discretion and the technology of performing its work. City Rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline, and to determine the content of job classifications; provides, however, that nothing herein may be read to extend the term of the MOU nor to supplement negotiations as a means for arriving at terms for a successor MOU. Article XXXVIII — EMPLOYEE REPRESENTATION 38.1 This Memorandum of Understanding (MOU) is entered into between representatives of the City of Lodi (City) and representatives of the Lodi Police Mid -Management Organization (LPMO). The parties hereto acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplatedby Section 3500 et seq., of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth herein. Both parties each certify without reservation that an adequate opportunity has been afforded its bargaining representatives to propose and vigorously advocate all negotiable subject matter—during the course of collective bargaining preparatory to signing this 21 Formatted: Indent: Left t7', Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3, +Start at: I+ Alignment: Left+ Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29". Tabs: Notat 0.29" Formatted: Indent: Hanging: 3", Bulleted + Level: 1 +Aligned at: 3.25" +Tab after: 3.5" } Indent at: 3.5". Tabs: Not at 3.5" CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION —MOU 201 -201 -{ Deleted: 02 1 _,__( Deleted:I agreement. The City will meet and confer before changing a policy or rule that is subject to meet and confer under the Meyers-Milias-BrownAct (NEWBA). The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City and the LPMO agree and understand that if any section of the MOU conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure, city resolutions, or city ordinances, etc. any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document (i.e. policy manual or rules for personnel administration) is controlling. State and Federal laws will be adhered to. The City agrees to recognize LPMO representatives for the purpose of representing members of the LPMO on all matters relating to the administration of this MOU, and upon the request of an employee, on adverse actions and other matters which may be or are on appeal in accordance with the discipline article of this MOU. ARTICLE XXXIX -EMPLOYEE RIGHTS 39.1 The City agrees that all disciplinary actions shall be taken in a timely manner, recognizing°------- Formatted: Indent: Left 0" Hanging: 0.5", Outline num" + that imposing discipline, grieving such discipline, investigations, and criminal Level: 2 +Numbering Style: 1, 2 3, proceedings may preclude timely action. This process also includes investigations of the ...+ Start at: 1 + Alignment: Left + complaint, recommending discipline to the office of the Police Chief, and the imposition nldentaY 0.29' TTabs: Notat ab after: 0.29" of discipline. 39.2 The City shall abide by the Public Safety Officers Procedural Bill of Rights (Government ------- Code Section 3300 et seq.), and such is hereby incorporated into this MOU. 39.3 It is understood by both parties that the LPMO, in addition to any other rights herein--..,, specified, has the following rights: 1. To represent its members before the City regarding wages, hours, and other terms and conditions or employment 2. To receive timely written notice of changes to or adoption of any rule or regulation directly relating to wages, hours and other terms and conditions of employment. 3. With an employee's written consent, an authorized LPMO representative shall be permitted, upon request, to inspect the employee's official departmental personnel file during normal business hours. Such review shall not interfere with normal business of the Department. The City agrees to recognize the LPMO representatives for the purpose of representing employees on all matters relating to the administration of this MOU; and, upon the request of an employee on adverse actions and other matters which may be or are on appeal in accordance with Article XXXVI of this MOU. 22 Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3 ... +Start at: I+Alignment: Left -- Aligned at: 0"+ Tab after: 0.29+ Indentat: 0.29", Tabs: Notat 0.29' Formatted: Indent: Left: 0", Indent at; 0.29", Tabs: Not at 0.29" CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011-2WA Deleted: 07 1 Deleted: 1 39.4 The City agrees to provide each represented employee with copies of special orders,*------. Formatted: Indent: Lett: 0", general orders, training bulletins, departmental rules and regulations, and a copy of this Hanging: Outline numbered+ Level: 2 + NumberinoStvle: 1, 2, MOU. ...+Startat: 'I+Alignment: Left Aligned at: 0" +Tab after: 0.29" + to Indent at: 0.29", Tabs: Not at 0.29" 39.5 The City agrees not to interfere or in any way discriminate against an employee for, Formatted: Indent: Left: exercising hisher right to belong to an employee organizationor to exercise hisher rights Hanging: 0.5", Outline numbered+ under this MOU. The LPMO similarly agrees that it will not interfere with or Level: 2 + Numbering Style: 12 3 + Start at: 1 +Alignment: Left+ discriminate against employees for exercising rights to belong or refrain fmm belonging Aligned at: 0" +Tab after: 0.29" + to, supporting, or participating in the activities of an employee organization. Indent at: 0.29", Tabs: Not at 0.29" 39.6 Both the City and the LPMO agree that no employee shall be subjected to any, Formatted. Indent: Left: 0", discrimination by the City or fellow employees in any matter relating to hiring, Hanging: Outline numbered+ Level: 2+NumberingStyle: 1, z, � promotion, assignment, wages, or conditions or employment because of age, sex, creed, ...+ Startat: 1+Alignment: Left+ or national origin. Alleged discriminatory acts are subject to the City's Policy and nedcolor, nlden aY 0.29", TabsftNot at2029' Procedure regarding Discrimination, not the grievance procedure. ARTICLE XXXX — REST PERIOD 40.1 The intent of the rest period is to ensure that the employee is adequately rested for his/her*- ....... Formatted: Indent: Left: 0", 0.5",ine b12z ing assigned work shift. ve: 2 + Style: ... + Start at: 1+Alignment: Left+ a. Employees will receive a continuous eight hour rest period immediate) preceding '� p immediately g Aligned t: .2 "Tab after: at0.0. + Indent at: 0.29", Tabs: Not at 0.29" or immediately following their scheduled court appearance or other departmental assignment(s), if less than eight hours has elapsed during: 1) the time period that employee's regular work shift ends and his/her scheduled appearance/assignment time; or 2) the time period that officer is dismissed and hisher regular work shift begins. This rest period will not be charged to the employee. b. If an employee receives approval to take the remaining portion of his or her* Formatted: Indent: Left: 0.5", scheduled shift off, the employee's leave balances will be charged for the entire + Numberiing Style: A 4 G+. L+ Start shift (as if no rest period has occurred). at: 2 + Alignment: Left + Aligned at: 0.5' t Tab after. 0.75" + Indeat at; C. The rest period does not apply when an employee is scheduled for court or 0.75", Tabs: Not at 0.75" appearance/assignment the day immediately following a day off. ARTICLE XXXXI 3 CHANGES IN THE MOU 41.1 The City and the LPMO agree to reopen this MOU and to renew Meeting and Conferring on the subjects set forth herein during the term of this MOU in the event that any provision of this MOU is modified by statute or by a competent order of a court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU shall continue in full force and effect unless and until they are also modified by statute or competent order of a court or agreement of the City and the LPMO. 23 CITY OFLODIAND POLICE MID -MANAGEMENT ORGANIZATION —MOU 201120133. -__--- Deleted: Deed:1 A "{1 ARTICLE XXXXII - SEVERABILITY 42.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. CHAPTER 5 — WORK HOURS ARTICLE XXXXIII - HOURS OF WORK 43.1 Employees shall work a "10-4" plan. Alternate work schedules may be developed ands - authorized by the Chief of Police. 43.2 It is mutually agreed that the City has the sole right to assign personnel, to establish hours+., of work and work schedules, to make changes to those schedules, to schedule employees off on compensatory time, and to schedule holidays and vacations, all depending on the needs of service. 43.3 The City and LPMO mutually agree that split shifts are very stressful and may cause—... health problems. Consequently, supervisors and managers shall not work split shifts except during cases of an emergency nature. 43.4 All employees in the classification of Police Lieutenant or Police Sergeant assigned to+ -- Patrol shall select annually, beginning in the month of September, for at least a one year period, their preferred team assignment, days off sequence, holidays, and vacations on the basis of their seniority and the needs of the service. Seniority shall be defined as follows: Total time in service in the classification rank. Should a member of the LPMO leave membership for any reason and return to membership within twelve months, seniority shall be as if the member never left. 24 Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered + Level: 2 + NumberingStyle: 1, 2 $ +Start at: 1+Alignment: Left+ Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29", Tabs: Notat 0.29" Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 $ ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.29" + Indentat: 0.29", Tabs: Notat 0.29' Formatted: Indent: Left 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2, a . + Start at: 1 + Alignment: Left + Aligned at: 0" +Tab after: 0.29" + Indentat: 0.29", Tabs: Notat 0.29" Formatted. Indent: Left 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2 3 ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.29" + Indentat: 0.29", Tabs: Notat 0.29" CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 201;-;0_1-4 Deleted: 07 Deleted:1 SCHEDULE A Police Mid -Management Positions Salary. effective 1/1 25 Deleted: increase '- Deleted:? -- -- ----- *, i Deleted: 07 (11.7° ` Deleted: 848204 --------------- t { Deleted: 8906.13 Deleted- 9351.44 Deleted: 9819.01 Deleted: 10309.96 Deleted: 7068.37 Deleted: 7421.77 Deleted: 7792.86 Deleted: 8182.51 Deleted: 8591.63 :.?gDeleted: 589030 Deleted: 6184.81 Deleted: 6494.05 I Deleted: 7159.69 Police Captain .215D.42 9607.9 J0088.33 0592.74 jjj9A Police Lieutenant62 .35 SQQk& 406.427.29 26 65 Police Sergeant b354.46, AkZZ6U 005.78 356.07723.88 25 Deleted: increase '- Deleted:? -- -- ----- *, i Deleted: 07 (11.7° ` Deleted: 848204 --------------- t { Deleted: 8906.13 Deleted- 9351.44 Deleted: 9819.01 Deleted: 10309.96 Deleted: 7068.37 Deleted: 7421.77 Deleted: 7792.86 Deleted: 8182.51 Deleted: 8591.63 :.?gDeleted: 589030 Deleted: 6184.81 Deleted: 6494.05 I Deleted: 7159.69 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION— MOU 201 -201 Deleted: 07 Deleted: 1 ?---.................. .................. .-------- ____ ...... ................ ............................. 26 Deleted: ATTACHMENT B¶ . CITY OF LODI ..1 . ADMINISTRATIVEPOLICY AND PROCEDUREMANUALI A I I d 1 SUBJECT....VACATIONLEAVE - Policy 9 DATE ISSUED: ... April I, 2004.1 1 SECTION. .. - V1 I ...PURPOSE¶ ..... The purposeof this policy is to provideguidancein the implementation ofvacationleave,¶ I I SECTION2:. I . Each probationary and regular full-time employee in the classified serviceeams vacation benefits in accordancewith his/her length of continuous serviceand in accordance with the provisions ofapproved memorandumof understandingor managementpay plan.¶ ... Provisional, temporary, part- time, seasonal, or emergency employees shall not accruevacation.1 9 9 SECTION 3:. ... ACCRUAT O ..... Vacation benefits are earned in accordancewith an employee's appropriatememorandum of understandingor statementofbenefits. I I ..... Employees earn full vacation leave credits for any pay period in which they are in a full pay status for the equivalent of one-half or more of their regularly scheduledwork hours. Hours ofvacation leave are credited at the approved rate in accordancewith the terms ofthe appropriatememorandum of understanding.¶ I .. ..The maximum amountof unused vacationhours that an employee may accrue, at any give time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrue( vacation has reached this maximum accrual amount, the employee shall stop accruing any additionalvacation. Accrual will automaticallyresu ,,, [I8 CITV OF LOW AND POLICE MID-MANAGEMEN I ORGANIZATION — MOU 2n12-2oi3 L DI POLICE MID-MANA EMENT ORGANIZATION CITY OF L DI A MUNICIPAL CORPORATION KonradtBartlam Manager ChiefNe otiator Citv of Lodi Date Date Jordan Avers. Deputy itv Manager Citv of Lodi Date 21 Deleted: of ,l, l 1 Page 4: [1] Deleted jayers 03/.06/2012 01:55400 PM July 1 St, 2007 a salary survey will be conducted using the formula in section 1.2. Salaries will be increased effective July 1St, 2007 based on the survey. (Notwithstanding any changes occurring after the date of this Tentative Agreement, the first year increase will equal 11.7% for Lieutenants. Captains and Sergeants will be calculated as provided in Article 1.3 and 1.4.) July 1 St, 2008 a salary survey will be conducted using the formula in section 1.2. If City of Lodi General Fund Revenues increase by 1% or more (using audited revenues for the year ended June 30,2006 in comparison with audited revenues for the year ended June 30, 2007), then salaries will be increased effective July 1St, 2008, based on the survey. If General Fund Revenues do not increase by at least 1%, then LPMO and the City of Lodi will reopen negotiations with regard to salary and benefits. Page'4: [2] Deleted jayers 03/06/2012 01:55:00 PM July 1 St, 2009 a salary survey will be conducted using the formula in section 1.2. If City of Lodi General Fund Revenues increase by I% or more (using audited revenues for the year ended June 30,2007 in comparison with audited revenues for the year ended June 30, 2008), then salaries will be increased effective July 1St, 2009, based on the survey. If General Fund Revenues do not increase by at least 1 %, then LPMO and the City of Lodi will reopen negotiations with regard to salary and benefits. July 1 St, 2010 a salary survey will be conducted using the formula in section 1.2. If City of Lodi General Fund Revenues increase by 1% or more (using audited revenues for the year ended June 30,2008 in comparison with audited revenues for the year ended June 30, 2009), then salaries will be increased effective July 1St, 2009, based on the survey. If General Fund Revenues do not increase by at least 1%, then LPMO and the City of Lodi will reopen negotiations with regard to salary and benefits. -Page 4: [3]Formatted ijayers Os/uo/2irii 0s:�s uu rin`;. Indent. Hanging. 0.5", Outline numbered +L 2 + Numbering l 1,2 + Stan at: 3 + t i + Aligned at: + Tab after: 0.5" + Indent at: 0.5", Tabs: I at 0.5" Page 4: [4] Formatted jayers 03/06/2012 03:23:00 PM Indent: Hanging: 0.5", Outline numbered + L 2 + Numbering Style: 1, 2 3, ... + Start at: 3 + Alignment: Left + d at: 0.06" + Tab after: 0.5" + Indent at: 0,5", Tabs: I at 0.5" - - --- 77 - raga 4: [5] Deleted jayerS . v3j v6/2vi2 Ci�.vv �M'C or three months prior to July 1St, 2008 if City revenues do not increase by at least 1 % (as per Article 1.6) and three months prior to July 1St, 2009 if City revenues do not increase by at least 1% (as per Article 1.7) and three months prior to July 1St, 2010 if City revenues do not increase by at least 1 % (as per Article 1.8) Page..;4 [6] Formatted jayers 03L06/2012 03;23:00 PM:::..; Indent: Hanging: 0.5", Outline numbered +Level: 2 +Numbering Style: 1, 2, 3, ... + Start at: 3 + Alignment: Left +Aligned at: 0.06" + Tab after: 0.5" +Indent at: 0.5", Tabs: Not at 0.5" Page 4, [7] Formatted pnicolini 03/26/2012 11:04:00 AM Bulleted + Level: 1 + Aligned at: 0.75" + Tab after: 0" + Indent at: 1 " Page 5: [8]. Deleted jayers 03/06/2012,02.62:00 PM LPMO will dismiss, and pursue no further administrative or legal action regarding its grievance filed in 2007 under its MOU dated July 1, 2006 - June 30, 2007 concerning the Lodi Mid -Management Association's grant of a 4% COLA and whether that action triggered LPMO's "Me Too" clause. Except as modified herein, all other terms of the MOU shall be the same as those for the LPMO MOU effective July 31,2003 - June 30,2007. Article 35.4 of the LPMO MOU effective July 31,2003 - June 30,2007 shall be amended to read as follows: If a grievance is not resolved in Step One, Step Two shall be the presentation of the grievance by the Association Representative, in writing, to the City Manager who shall answer, in writing, within fifteen work days of receipt of the grievance, the City Manager's decision shall be final and binding regarding the City's Administrative Process. This Tentative Agreement only represents the tentative agreement of the negotiating parties. In order for it to become binding and effective it must first be approved by the Lodi City Council and the membership of the LPMO. Page 5: [9] Deleted jayers03/20/20210:45:00 AM< '. to be increased as follows: January 1,2004: Increase to $950.00 Page S. [10] Deleted jayers " 03/06/2012 02:05:00 PM' in the months of March, June, September, and December and shall be for the previous three months Page 5: [11] Formatted jayers 03/06/2012 03:23:00 PM Indent: Left: 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tabs: Not at 0.25" Page 5: [12]Formatted Jayers 03J06/2012 03:23000 PM Indent: Left: 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tabs: Not at 0.25" Page 5: [13.] Fomrdtted jayers 03/06/2012 03:23.00 PM Indent: Left 0", Hanging: 0,5", Outline numbered+ Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tabs: Not at 0.25" Page 6:.[4] Deleted jayers ." 0306/2012102:27 00, PM',:;? ARTICLE VI— PERFORMANCE INCENTIVE BONUS Definition A Performance Incentive Bonus (PIB) is a monetary reward for meritorious performance above and beyond what is expected and required of all employees who satisfactorily meet the standards of their j A Said bonus will be $1,000 for those employees who have completed the service requirements of ten (10) years, and $2,000 for those employees who have completed the service requirements of twenty (20) years. Said bonus is not a part of base salary. Receipt of bonus for one year does not affect the following year. Employees must submit a new application for each year they wish to be considered for the PIB. It is understood that said bonus is discretionary, and based upon meritorious performance as described in the PIB evaluation criteria. Employees who are granted a PIB by the evaluation committee, will be issued a separate check for the appropriate amount in November of each year of this contract. Eli ibili To be eligible to apply for the bonus, employees must meet the following minimum qualifications: Employees must have completed at least ten (10) full years of service at the rank of Police Officer or higher with the City of Lodi by the beginning of the preceding time period being evaluated (i.e. to be eligible for consideration in November of 2003, an employee will have to have had to complete ten (10) full years of service by June 30,2003). Employees must have, at a minimum, a satisfactory rating in all areas evaluated on the performance evaluation. Employees must possess an Intermediate Post Certificate. Employees must have completed at least one Special Assignment or collateral duty assignment. Employees must not have received discipline issued beyond an oral reprimand or an Employee Performance Observation (EPO). Employees must not have received a positive drug test. Employees must be at work at least eight months during the qualifying period. Employees must have met the above mentioned minimum qualifications by the beginning of the preceding time period being evaluated. Evaluation of Applications (Process) The PlB process will consist of a committee evaluation, conducted on a annual basis and will be based upon the preceding year's evaluation (July -June), and the events, activities, and actions during the same time period. The LPMO and Police Chief will mutually agree upon the composition of the evaluation committee. Applications for a PIB must be made in writing on the designated application form within the time period allotted by the evaluation committee. Applicants will be evaluated only upon written documentation including but not limited to what is provided in applicants' application, their performance evaluationandany actions and events during the rating period including but not limited to the following: attendance, disciplinary actions, service awards, commendations, etc. The decision of the committee will be relayed to each applicant in writing. The vote of the committee shall be in confidence. Members of the committee are obligated to maintain confidentiality in respect to all committee processes including voting. No committee member shall disclose to any person outside the committee any discussionof the committee or information on voting or specific votes of committee members. The decision of the evaluation committee to grant or deny a PIB is final and binding, may not be appealed, and is not subject to any grievance procedure. Page M [i5] Deletedof it. 03/06/2012 03:00:00#M , ARTICLE XVIII - EXECUTIVE PHYSICAL EXAMINATION Employees may elect to receive an annual executive physical examination in accordance with the provisions of the City's medical insurance plan to include any and all of the following procedures as applicable and as deemed necessary by the employee's physician: • A complete office examination • Urinalysis • Pap smear • EKG (resting) • An executive blood panel • Mammogram • Chest X-ray Employees shall be reimbursed for costs not covered by the medical insurance for the procedures referenced in 18.1 only. Any additional tests judged necessary shall be the responsibility of the employee. Employees must submit all related receipts, attached to a claim voucher, to the Finance Department for reimbursement. Page 18: [16] Delated jayers 03/22/2012 01:1700 PM Improper or unauthorized use or abuse of sick leave. Excessive absenteeism that prevents reasonable availability for assigned duties. Absence without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked. Misconduct; willful or negligent violation of the personnel rules, resolutions, and/or other related ordinances including written departmental rules, regulations, and policies. Insubordination; Acceptance of gifts or gratuities in connection with or relating to the employee's duties. Conviction of a felony or misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude in deemed to be a conviction. Fraud or the submission of false information related to employment application, payroll, or any work-related record or report. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract with the City; or participating in any outside employment that adversely affects the employee's City work performance; or conducting personal business on City time. Discourteous treatment of the public or City employees or disorderly conduct on City property or on City business including fighting, or using profanity, intimidation, abusive or threatening language. Conduct that interferes with the reasonable management, operation and discipline of the City or any of its departments or divisions or failure to cooperate with superiors or fellow employees. Engaging in political activities while on duty, in uniform or using the authority associated with City employment. Violation or neglect of safety rules or practices. Behavior, either during or outside the duty hours, which is of such a nature that it causes discredit to the City or one of its operating services. Discrimination, including harassment, against other employees or members of the public on the basis of race, color, national origin, religious creed, ancestry, sex, sexual preference, marital status, age or physical handicap. Inefficiency, incompetence, or negligence in the performance of duties, including failure to perform or complete assigned tasks or training, in a prompt, competent, and reasonable manner. Refusal or inability to improve job performance in accordance with written or verbal direction after a reasonable trial period. Refusal to accept and carry out reasonable and proper assignment from an authorized supervisor. Unauthorized possession or use of controlled substances or alcohol on City property and/or at the worksite. Intoxication, intemperance, or incapacity due to the use of controlled substances or alcohol while on duty. Failure to obtain or maintain possession of the minimum qualifications for the position. Careless, negligent, or improper use of City property, equipment or funds, including unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property. Unauthorized release or use of confidential information or official records. Participation in an illegal strike, work stoppage, slowdown, or other job action against the City. Inability to perform the duties of his/her job. Dishonesty. Sleeping on the j ob. Theft. Retaliation for actions protected by law. Failure to report loss of or damage caused to City equipment and/or facilities for which the employee was responsible. Page 18 [17] Formatted jayers 03/06/2012 03 23 Indent: Left: 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.29" + Indent at: 0.29", Tabs: Not at 0.29" Page 26.['18] Deleted ;layers , 03/:20/ 2 ,1210.59 OO AM ATTACHMENT B CITY OF LODI ADMINISTRATIVE POLICY AND PROCEDURE MANUAL SUBJECT: VACATION LEAVE — Policy DATE ISSUED: April 1,2004 SECTION: V SECTION 1: PURPOSE The purpose of this policy is to provide guidance in the implementation of vacation leave. SECTION 2: ELIGIBILITY Each probationary and regular full-time employee in the classified service earns vacation benefits in accordance with his/her length of continuous service and in accordance with the provisions of approved memorandum of understanding or management pay plan. Provisional, temporary, part-time, seasonal, or emergency employees shall not accrue vacation. SECTION 3: ACCRUAL, Vacation benefits are earned in accordance with an employee's appropriate memorandum ofunderstanding or statement of benefits. Employees earn full vacation leave credits for any pay period in which they are in a full pay status for the equivalent of one-half or more of their regularly scheduled work hours. Hours of vacation leave are credited at the approved rate in accordance with the terms of the appropriate memorandum of understanding. The maximum amount of unused vacation hours that an employee may accrue, at any give time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Under extenuating circumstances, requests to accrue vacation leave over the maximum may be authorized by the City Manager. Requests must be; a) submitted in writing, b) include justification for the exception, and c) be recommended for approval by the Department Head. The City Manager has sole discretion to approve or deny such requests. SECTION 4: SCHEDULING Dates of vacation may be requested by the employee, but are subject to the approval of the Department Head. Approval of vacation leave is at the discretion of the Department Head given considerations such as departmental procedures for request and approval, workloads, scheduling, seniority, and in accordance with terms of the appropriate memorandum of understanding. SECTION 5: UTILIZATION After six (6) months of continuous service, an employee may request utilization of vacation leave. Vacation leave may be taken in quarter hour increments. Employees are not permitted to take vacation leave in excess of their accumulatedbalance. Employees on vacation leave shall be considered in full -pay status, and continue to accrue seniority, sick leave, and vacation leave credit. SECTION 6: HOLIDAYS FALLING DURING VACATION When a holiday or day observed in lieu of a holiday occurs on a day on which an employee is taking vacation such employee shall not be charged as using vacation for that day. The employee's compensation for that day shall be holiday and he/she shall not be paid or charged for vacation. SECTION 7: ILLNESS OR ACCIDENT DURING VACATION An illness or accident during a regularly approved and scheduled vacation period may be converted to sick leave when the following action is taken: The employee, immediately upon return to duty, submits to his/her Department Head a written request for sick leave and, if requested, a written statement signed by the employee's attending physician certifying to the nature and dates of the employee's physical disability. SECTION 8: COMPENSATION FOR VACATION LEAVE UPON SEPARATIONFROM SERVICE An employee who leaves City employment shall be compensated at his/her current rate of pay for vacation accrued but not taken up to the date of termination. Employees planning their resignation or retirement may request permission to take a terminal vacation to the limit of their accumulated vacation leave balances. Such planning involves the submission of a written request to the Department Head for approval. SECTION 9: CHARGEABLE ABSENCES TO VACATION T,F,AVF, Other than for the purposes of taking a vacation, an employee may elect to charge an approved leave of absence to vacation leave. Such absences are subject to approval from an employee's Department Head, and in accordance with the City of Lodi Administrative Policy and Procedure for Leave of Absence and the appropriate memorandum of understanding.