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Home My WebLink AboutAgenda Report - April 10, 2012 B-01 SMAGENDA ITEM "I &% 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 December31,2013 MEETING DATE: April 10, 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. • Employees will 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). Incentiveto 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 APPROVED: Jordan Ayers Deputy City Manager Bartlam, City Manager arwo-1 "VITTITIJUMUN OL . BETWEEN CITY OF LODI 0 LODI POLICE MID -MANAGEMENT ORGANIZATION (LPMO) E X Hi 'I B i T` A I Ddebeds JULY Deleted: 07 Delted: SFFrnWM 3% Deleted: ! CITY OFLODIANDPOLICEMID-MANAGEMENTORGANIZATION-MOU 201201_ ------ Deldad007 f"'! CHAPTER3 -LEAVES Article XXV Table of Contents 16 CHAPTER 1 -SALARIES AND 0THF,RC0N1FPF,NSAT1 Page # Article I Salary and Term 4 Article II Uniform and Allowance 6 Article IH Bi -lingual Pay 6 Article IV Compensatory Time 6 Article V CourtTime 7 Article VI Performance IncentiveBonus 7 Article VII Special Assignment Pay 9 Article VIII Out of Class Pay 9 Article IX Call Back Pay 9 CHAPTER 2 -BENEFITS AND INSITRANCF Employee AssistantProgram 10 Article X Article Xl Deferred Compensation 10 Article XII Flexible SpendingAccount 10 Article XIII Chiropractic 10 Article XIV Education Incentive 10 Article XV Overtime 11 Article XVI Retirement 11 Article XVII Sick Leave Conversion 12 Article XVIII Executive Physical Examination 13 Article XlX 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 CHAPTER3 -LEAVES Article XXV Vacation Leave 16 Article XXVI Administrative Leave 16 Article XXVII Holidays 17 Article XXVIR SickLeave 18 Article XXIX Family and Medical Leave 18 Article XXX Catastrophic Leave 18 Article XXXI BereavementLeave 18 Article XXXII Leave of Absence 18 CITY OF LODI AND POLICE MUD -MANAGEMENT ORGANIZATION— MOU 20 201,%_: -- Detetwh07 Deleted: l - Page Article XXX17 Probation 19 Article XXXIV Personal Liability 19 Article XXXV GrievanceProcedure 20 Article XXXVI Disciplinary Procedure 20 Article XXXVII CityRights 25 ArticleXXXVIII EmployeeRepresentation 25 Article XXL EmployeeRights 26 Article XXXX Rest Period 27 Article XXXXI Changes in MOU 27 Article XXXXII Severability 27 CHAPTER 5 — WORK HOURS Article XXXXIII Hours of Work 28 Attachment A Salary Schedule 3 -• { Dete68d: Attachment B ... Vacation Leave—Policy CITY OF ISI AND POLICE MID -MANAGEMENT ORGANIZATION— MOU 20UA94 .... .... _ : '- 07 .. i Deleted: I City of Lodi I13elaled:07 (Deleted: I And. Deleted:1 Lodi Police Mid -Management Organization y' 201 -20` -_------------------- 1.2 TheL eutertu+asalary will be ralculatedusingthefollowing fo,mula.1 t The ChyofLodi andLPMO shall establish a salarysurvey tomdudethe followingareas ofcompadson:g I CHAPTER 1- SALARIES AND OTHER COMPENSATION Salary¶ .PERS employee contribution paid by anployerQ Healih Caro Contributions paid by employed ARTICLE - `S'AI,4RYAND TERM Ettacationlacendve4 POST Certificate Pays 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 Longevity Payl afixTed Compensation Contributiansq V.Effectivd my 1,2007, oneethe survey compensation.; --•---. �Lodi�l MthelaMeddilaaa�af surveyand the median will be used to 1.2 Sergeant's salary�will be calculated by dividing the Lieutenants salary b 1.20, creating a�� 20% separation between Lieutenant and Sergeant, 4, calculatethelieutenants salaryincreases. Eachycar's survey called forbereinwill bebasedon Deleted: increases Formed: Indent: Left: o°, Hanging: of, 1.3 Captain's salarywill be calculated by_nnultiply_ing the Lieutenants salary by 1.20, creating `•, '' a 20% separation between Lieutenant and Captain___ __ __________-------- _------ _------ ., ': Formatted: Bullets and Numbering -----------------------------------------------•----------•-------------•---•-•-----•--•-------------•-------- 1.4 -__e terms and conditions of this MOU shall continue in effect_during the term of thisY,, , '. MOU. The City of T.ocli and LPMO agree that the term is January 1. 2012`• Deleted: in,�es�� Deleted:1 1.5 1.6 ecember 31.2013. ''° ••---------------•---------------.......................... --•---------------------------------- - -- ;,• The City of Lodi and the LPMO agree to commence negotiations no later than (3) months;;; • prior to the expiration of the MOU-, ;' Although the City is not required to perform or act on a salary survey during the term of ;i';ii;,, Deleted- 1' 2007 a salary y survey will be conductedusing the formula in section1.2. salaries will be irrcowdeffective July 1 , 2007based an the survey, (Notwithstanding arty changes ocamngafier the date afthis Whtha ir the increasewill �Q1C1kua111.7%Rear for Uouteoanta Captains and ag this MOU in the event a salary survey_is performed, the City of Lodi and the LPMO i ;:i ;. '; --------------••,, , agree that the salary survey cities shall be as follows: Deleted -duly 1", 2008 asalary Survey w01 beconducted usi—th 2� Formatted s *Chico *Merced *Tracy *Clovis *Modesto *Turlock *Davis *Redding *Vacaville *Fairfield *Roseville *Visalia Deleted:uly 10, 2007 Deleted: september3o,2o11 Formatted 4 Deleted: ortbreem>nmpriorto,ntl 1 ; 2008 XCityrevenues donot• g *Manteca *Stockton *Woodland ; Deleted% Salary surveys shall incl dethe follow areas ofcn y ing— n11)BnSatlOn:, Formatted . ,, salary Deleted: T Formatted f7 4 ' C MY OF LODI AND POLMEMID-MANAGEMENT ORGANIZATION —MOU 2011-Z01,&„.; �eleted:o7 eted: l • PERS employee contribution paid by employer • Health Care Contribution paid by employer • Education Incentives FonnnUgd: Indent: ten: V • POST Certificate Pav , { Fo nom; Inclent: Lely o^ • Longevity Pay _ Formatted: FaetU (Delaedt) Mmes • Deferred Compensation Contribution Nen! Roman Formatted: Font: (Watelt) runes l 17 The parties entered into a side leiter agreement approved by the City Council on June 1 r New Roman J 2011 the terms of which will continue in effect through the termination date referenced in the : oeld ed: IJ'MO wig dismiss, and side letter ant p�nosu&cradminist<adveorI%d �mr m_c--------------------------------------------------------------------------------------------- a9nregprdmgifsVievance6ledin ARTICLE H - UNIFORM ALLOWANCE 2.1 The City agrees to provide a uniform allowance of $95000 annually _______________________ 2.2 The uniform allowance shall be paid bi- eek in con, junction_with_reular nay checker 2.3 The City agrees to repair or replace uniforms damaged or destroyed on duty unless gross negligence can be shown on the part of the employee. Receipts shall be required prior to reimbursement. ARTICLE III — BI -LINGUAL PAY 1.1- Employees designated by the Department Head and approved by the City Manager whos have passed a bi-lingual proficiency examination administered by the City shall receive a monthly bi-lingual premium of $150 00 --------------------------- ARTICLE IV—COMPENSATORYMM 4.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour of overtime time worked. 4.2 No more than= books at any time. Of be 4.3 An employee's decision to elect compensatory time instead of overtime pay irrevocable. 4.4 Upon separation, the employee will be paid at the employee's current hourly rate or the average of the last three years, whichever is higher, for the remaining compensatory balance. 5 2007 anderitsMOU dated July 1, 2006 - Jose 30, 2007 concerning the Lodi Mid- MenagementAssociation s grant afa M COLA and whether that adios triggered LPMOk -Me Too- cla uel <#>Except as modified heroic. all other terms ofthe MOU shallbe the same as those for the LPMO MOU effective July 31, 2003 -June 30, 2007.1 1 gpAsgcle 35.4 ofthe LPW MOU effective July31,2003- June 30,2007 Shallbe amendedtoread asfollows.1 1 If a griovance is not resolved in StepOae StepTtao shall be the presentation ofthe gdevance by the Representative, in writing, totheCity Manager who shag answer, in write, v ithinfi8een work days ofmcipt of the grievance, the City Manager's decision shag be8osl andbinding regarding the Cky's Administrative Procass.l 9 .This Tentative Agreement only represents dee tentative sgreement ofthe negatiatiggpartiac. Jn order fa it to becomebmdiugandd%uveit g Deleted:0 Deleted: to be iscceased as blows l Jammy 1.2004: Formatted: Mde Yc Lelia Cr, HaWng: 0.5' FaMaUed: Bullets and Numbering iodusmmthaofMmcly : Fonaatted: Indent: tdd W, Hanging: 0.5• Fmmatbed: BU110 and Numbering Deteeea:2co Fo nrAUM 1 Rwh acted: Not Kghllght oeteaed:�a(soJ Fm,natrxd la Formatted n31 MY OFLODIAND POLICE MID -MANAGEMENT ORGANIZATION— MOU 20112A I --------- Wood: 07 Qele:ted:1 145 Bargaining unit members shallbe allowed to cash out up to a maximum of 100 hours of+------ Rom+attedt Indent: Left: Wo eamedcompensatoa time offtwice ner year in er, ril and OctohHangiig: 0.5" 1 ARTICLE V — COURT TINIE 5.1 Employees scheduled to make court appearances during off-duty hours, on scheduled days off, or when on graveyard shift, shall be compensated at the rate of time and one- half for actual hours involved in such appearances. In no event shall they be paid for less t than o hours. Deleted: three ___j Ford: Upt �ftnnattetb Indent: Left: 0.06", 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. v: 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. 4 5.4 Employees who receive a subpoena to appear in court, shall notify their supervisor of the k i appearance date and time in order to provide the Watch Commander time to review the i scheduleto determine if rest period time is required, or additional staff will be needed. ti x ARTICLE VI - LONGEVITYPAY 6.1 After completing tenyears of service with the Lndi Police Department, employees shaliw receive an annual longeprpay in the amount of $1.509 in November of theY_§ar following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Police Doartrrlent. Emnlovees who have completed twenty veers of servicewith the Lodi Police. Danartmentwill receive ongeyity t oav in the amount of $3.000 in November ofthe year following c= letion oftwenty full years of service and each year thereafter. For the p=oses of this article. all employees who as of October 31" meet the service i level requirements (either ten full years or twenty fill Years from the first day of the month in which they started their employment with the City of Lodi Police Deoartrnen shall receive the longevity nav associated with their years of service with the Lodi Police DDoartment. The incentive in this Article is limitedto ems loyeeshired prior to the execution of this Mull V....................................................................................................................................... ARTICLE VII — 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.% of their normal ,-- base pay. It is mutually agreed that assignments to the Detective Bureau or SWAT are at I I A Podbrurmce inoeative Bonus (PID) is a nwneta ytewanl formeritoricas performance above andbeyoad what is expected andrequired ofallanploym whosatistactorily meetthe standardsof dteirjob.1 I Said bonus will be $1,000 for those employeeswho have completedthe service requirements often (10) years, and$2,000 forthose employeeswho have completed the service requirements oftwenty (20) years, q I Saidbonus is not apart of baresalary. Receipt ofbonusfor oneyeardoes not affect the following year. Employ— mstsubmit anewapplication fireach you they wish to be considered for the PB.1 I R is understoodthat said bonus is discretionary, andbased upon meritorious performance as described in theplB evaluation criteda.1 1 Employees who are granted a PIS by the evaluation committee, will be issued a separate check fbr the appropriate amount nNovember ofeachy aroftias centracxl 4 apBligi4iliDt. q 2) beeligible toapply for dte bows employees must meetthefollowing minimum. .qualifications. I <01imployees rust havecompleted at least ten (10) fall yam ofawvice at the rank of RnlioeOffim or higher with the City of L44 by the beginning of the preceding time period being evaluated (Lo, tabeellgible for consideration in November of2003, anemployee will have tohavehadto complete ten (10) Sul years ofservics byJune 30,2003). 1 <#>Employees must have, at a Fbtrrrfi d_99Mhdent: Left: T, FonnattedAdlets and Numbering I CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION _ 201 A_ a' Deleted:I i 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 ate- Formatted: Indent: Leff 0, Hanging: Outline numbered higher level classificationshallbe aid an additional 5% ofthe employee's regular salary. Level: 2+ Numbering Style: i, 2, 3, + start at: 1 + Alignment: Left + Aligned at: 0" +Tab after. 0.25" + pdentat: 0.25", Tabs: 0.5", Ust tab ARTICLE IX - CALL BACK PAY t Not at UY 9.1 (TH called to appear for work within two hours of the beginning of a shift, or one ....... Formatted: Indent: Left: 0", hour after the shift, shall receive overtime at the rate of time and one-half. Such 0.5 Numbering Style: 2 3, Leel: 2 +Numbering Style: 1, 2, 3, appearances shall be reported as contiguous shift extensions. If the appearance begins + Start at: 'I + Aligmrent Left + more than two hours before or more than one hour after the scheduled shift, the employee Irk .*. 0.25+"T� � at a� 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 e ...................... ithin thirty minutes, the officer shall be compensated from the time of the call. t .. Deleted' 4 .............._......-----------...........-----------....................................................---------..:., ". CHAPTER 2 -BENEFITS AND INSURANCES i i 4 ARTICLE X — EMPLOYEE ASSISTANCE PROGRAM Formattea: Left 10.1 Employees, their spouses, and dependent children are entitled to three (3) free visits per..,.... Fo::r:abed: Indent: Left: V', Hangingyear per family member with a licensed clinical social worker through ft Emgtoy�g .' ° s' f1e " + Level: 2 + Numbering &*. i, 2, 3, Assistance Program provided through the City. This may be supplemented by medical `., + Start at* i+Mgnment: Lett+ insurance after exhaustion of the three () 3 free visits. Angered at: Cr + b atter: abs. Indent at: 0.29", T Tabs: Not aat t 0 0..29" ' 'f earner, NUN— ARTICLE XI - DEFERRED COMPENSATION 11.1 Employees may participate in the City's Deferred CompensationPlan 11.2 jThe City will match up to maximum of 3.0% of gross base salary effective the paYperiod - kteted: City matches up to a -------- ---- ------ - -------- -- - - - ;W�hilcah of2.0%ofbaaosaltey. tn which July 1.2012 faits -------------------------------------- ----- -eted: offecdvethapaypriioain III/H falls 1 A R I Tl 'T,E XII- FLEXIBLE SPENDING ACY' UNT CITY OFLODIAND POLICE MID-MANAGEMENTORGANIZATION—MOU 2OW91 _ {Deleted -07 "'�Daleted: 1 12.1 Employees shall have the option of participating in the Flexible Spending Account------- Viliffle. ft � 618 k*rrA6ered+ (Section 125 Ham) . Employees may electto participate in; Level: 2 + Numbering Style: 1, 2,31 a) Premium Conversion b) Non-reimbursedHealth Care 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 nroaram would incomorate, but not be limited to: medical, vision. dental, chiropractic and life insurance. The above listed terms of this agreement will be reopened for negotiationunon the City's presentation of cafeterianlan. The City's or000sed cafeteria plan will offer substantially the carne or better h n fi s tot those currently received by unit members. ARTICLE XIII - CHIROPRACTIC ... +Startat: 1+Aligmrerrt Left+ Aligned at: 0" +Tab after: 0.25" + bmiattat: 0.25", Tabs. 0.5", Ust tab 1+ Not at 0.25" FOS= indent: Left: 0", Hanging: 0.5", Outlinenumbered+ l!Atart 1Ou+ 01VMVreii: Lit + ,Aggned at: 0"+Tab after: 025'+ Lucent ab 0.25", Tabs: 0.5", Ust tab + Not at 0.75' Fannetbedr bxlenb Left: 0", Hanging: 0.51, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: i + Aggnmm* Left+ Aligned at: 0" +Tab after: 0.25" + Indent ab 0,25", Tabs: 0.5",Usttab + Not at 0.25" faomialladi Indent: Left: 0.5" 13.1 Chiropractic services may be received by employees and dependents. This benefit allows------- f=am md: indent:- Lam 0", up to a maximum of 40 visits per calendaryear. Co -payments for services are $10.00. Lev + Numbering Style: 1", Outline j 22 3 + Start at:1 + Alignment: Left Aligned at: 0" + Tab after: 0.29" + ARTICLE XIV - EDUCATION INCENTIVE l u►aert ab 0.297, Tabs: Not at a29" 14.1 Effective upon ratification, Education incentives will be available to eligible employees as follows: Bachelor's Degree: _$200.00 per month Advanced POS x$20.00 per month OR Deleted: us ------------------------------------------------------------�:-, Supervisory POST: $350.00 per month OR Deleted: Management POST- $450.00 per month Deleted: 0 POST incentives will be paid based upon the highest level certificate held 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: I CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION —MOU 2012__,_______•,..• "{Delated: 07 1 "{ Delated: l • The necessity to cover scheduled shifts, • Direct supervision of crews assigned to work during normal days off to accommodatethe public; • Break down of equipment and/or systems requiring the presence of the mid - manager in order to restore service. 15.2 Overtime pay shall not be paid for the following: • Staffineetings 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 r program. 15.3 All overtime must be approved by the department head. Any deviations from theme'' guidelines must be approved in advance by the department head and the City Manager. 15.4 Upon promotion into a Mid-Managementposition only previously accrued compensstory' time must be paid or used prior to the promotion. 15.5 Police Lieutenants and Sergeants shall be compensated for overtimehours 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 overtimepay 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 - RETIlZEMENT 16.1 The City ofLodi provides retirementbenefits through the Public Employees Retirement •` System. Employees shall receive the followingretirementbenefits. Thefollowinanlan is availableto emnlovees hired prior to the date of execution ofthis MOU: s V----------------------------- ------------- ----------------------------------------------------------------------- hublic Safety oda s� n t]]311L 1959 Survivors Benefit —Third Level Emplo ee's 9% paid noted below ........ • CreWt or Unused Sic eave &._Military Service Credit as Public Service • Single Highest Year Formatted: Indent: Left: 00, Hanging: 0,5", outline numbered + Level: 2+ Numbering SW. 1, 2, 3, + Start at: 2 + Altgrenent: Left + Aligned at: 0" +Tab after: P + Indent at 1", Tabs: Not at r FornwAftds Indent: Left: 0, Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style:1, Z 3, + Start at: 2 + Allgnment: lett + Aligned at: 0" +Tela after 1" + Indent at: 1", Tabs: 0.5, list tab + Not at 1' ftnUafted: Indent: Le(b 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at: 2 + Aligmnent: Left + Aligned at: o" +Tab atter: V + Indent at•, Y, Tabs: 0.5", List tab + Not at 1" Fornseve ms moarc Larc 0", Outline numbered + Level: 22 + Numbering SWW. 1, 2,3, ... + Start at: 2 + Alignment: Left + Aligned at: 0" +Tab after: 0 + Indent at: V" Tabs: 0-7. List tab + Not at 1" Formatted: Indent: Left: 0", Hanging: 0,5", Outline numbered+ Level: 2 + NumlleringStyle:l, 2, 3, + Starlet: 2 +Alignment heft+ Aligned at: 0" +Tab after. T+ Indentat 17, Tabs: Not at V Formatted: Indent: Left: 0", Hanging: 0,5", Outline numbered+ Level: 2 + Num�rsngStyle: 1, 2, 3, ... + Start at: 1 TAlignment Left + Aligned at 0" +Tab after: 0.25" + indentat: 0.25", Tabs: 0.5", List tat + Nrt at 0.25" Deleted:I I Formatted: Indent: Left: 0" Deleted: I Formatted: Indent: Left: 32S Buileted+ Level 1 +Aligned at: 0" +Tab after: 0.25" +Indentat: 0.25", Tabs: 3.5", List tab r Notat 0.25" Formatted: Indent: Left: 3,25", Bulleted + Level: 1+Aligned as 0,25" +Tab after. 0.5' + Indent at: 0.5" CITY OF LODI AND POLICE MID-MANAGEMENT ORGANIZATION — MOU 20 2013,. _ _ _ _ _ _ _ -- _�:;- Deleted: 07J Deleted:] 16.2 dor em l9_)Nm hired after the execution date of this MOU the followinretirement elan_ = Will seely: Public Safety 3% A 55 plat! 1959 SurvivorBenefit — Third Level • Employee's 9% said as noted below • Credit forUnused Sick Leave • Military Service Credit as Public Service HighestThreeYs a rAveraao 1 16.3 Em lovee shall nay the Em to ee's share of retirement(9%) effectivethe Pay Period in which July 1, 2012 falls. .............. kniatted: Font. 12 t 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, 2.50/6 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: Sick Leave Hours - 1800 x 16%%(reduced perMOU) =299.99 1800 minus 299.99 =1500.01 1500.01 divided by 8 (coveragefactor)= 187.5 187.50 times 875% (% 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 #2 - "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, 2.59/6 shall be added to the 50% before conversion. The amount of premium paid shall be the same as the 10 17.2 1 17.3 1 17.5 1 17.6 1 17.7 1 17.8 TLODIANDPOLICE MID-MANAGEMENTORGANIZATION--MOU 20L&201-,__ ----- ______,.—I Delete&07 ' D8leted: i 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. Formatted: Indent: Left: 0", EXAMPLE: Hanging: 0,5°, Outline numbered+ Level: 2 + Numbering Style: 1, 2, 3, Lt, John Smith retires with 25 years of service and 1800 hours of unused sick leave: + start at: i + Alignment. Left + Aligned at: 0" + Tab after: 0.25" + SickLeave Hours - 1800 divided by 8 (coverage factor)= 225 Indent at: 0.25", Tabs: Not at 0.25" Formatted: Indent Leat 0^, 225 times 87.5 (% of coverage) =196.88 i 196.88 divided b 12(yrs) 16A total Years of coverage Y (Y ) — i ;Hanging: � Nu Outline numbered + Level: 2 +Numbering Style: i, 2, 3, + Start at: i + Alignment: Left + OPTION #3 - "Cash -Out" Aligned at: 0" + Tab after: 0.25"+ Indentat: 0.25, Tabs: Not at 0.25" A retiring employee will be able to choose a cash pay-offof accumulated sick leave at the Formatted: Indent: Left0", rate of 30% of base pay per hour, Hanging: 0.5", outline numbered + Level: 2 + Numbering Style: 1, 2, 3, OPTION #4 — "Suyice�t" Aligned to 0" + Tab after:t 0.225" + A retiring employee will be able to convert unused sick leave to service credit for Cal Indent at: 0.25", Tabs: Not at 0.25" Formatted: Indent: Left 0, PERS retirement purposes. Hanging: 0.5", outline numbered + Level: 2 + Numbering Style: 1, 2, 3, Employees hired after July 1, 1994 will not have the option of converting unused si&4 ... + Start at: i + Alignment: Left + leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The p Aliened at: o" +Tab after: at 0. + Indent at: 0.25", Tabs: Not at 0.25" only option availableto these employees is OPTION #4 'PERS CREDIT". Fof„y; Indent: Left: o", Hanging: 0.5", Outline numbered + In the event an active employee dies before retirement and that employee is vested in therl ' l� tart at: I + Alignmmeent. Left +� Sick Leave Conversion program (10 years) the surviving dependents have an interest in ! aligned at: o" +Tab after: 0,25" + one-half (1/2) the value of the bank as calculated in section 17.1. indent at: 0.25°, Tabs: Not at 0.25" Formatted: Indent: Left: 0", � The City shall allow a surviving dependent of a retiree enrolled in the Sick Leaver ,' Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, Conversion program to purchase medical insurance at the employee only premium for the + Start at, I + alignment: Left + same period as if the retiree had not died. Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25", Tabs: Not at 0.25' Formatted:Indent:Left; 0", A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the-' i' Hanging: 0.5', Mine numbered+ option of purchasing at the prevailing rate additional medical insurance for an unlimited ;` ; �: 2+ Numberingstyle:1, 2, 3, p p g p g ... Startat: 1+A10ment: Left+ amount of time. r Aligned at 0" + Tab after 025' + lndentat: 0.25", Tabs: Not at 0.25" Out of area retirees may receive reimbursement for medical insurance premiums up to the' °' Ferrer a 1Ivt11. City's liabilityas specified in Section 17.1; Option#2. SUCEM 6>Fmployees may elect toreceive an Only one City of Lodi employee may carry dependent coverage for another City4' i eanuatexeoudvephysicalexaminationin employee, therefore, upon retirement the employee may re-enro It as an individual into the accordance with the provisions of the City's medieal hammm planto include health plan in order to take advantage of the Sick Leave Conversion program. any ani a II ofthefollowing procedures as applicable andas deemed newsy by the employees physiciaml A retiree or surviving dependent may purchase dental and vision .insurance at the City.' i I group rate through the Sick Leave Conversion options. Iv...................................................................................................................................... 11 .• .A complete office examination .• .Aneuecudveblood panel9 • . Uduslysis . • .M3mm0grv4 ! .Pap smear. • .Chest X•rsA .• .P.KI}(restln�t 1 0>Employees M bereimbumed for CITY OFLODIAND POLICE MID-MANAGEMENTORGANIZATION—MOU 2.Oh?-201Deletede�7 Deleted: l kRTICLE 11 X - MEDICAL INSURANCE and devendents thr0uh ..-.;: DW~.s Ca1PERS medical plans- City shall nay 100% of the premium for ems ]Dame's family Deleted:. All employees are offered (Family. Emnlovee + 1 Single) for the lowest cost PRRS HMO availahle in (including mediceateaory pharmaceutical) for phamnaceutical) for themselves and Lodi's geographical area(excludingPorac) effectiveJanuary 1.2012. dependentsthroughcalpEMMedieal Platys. City shall pay 1001A premiumfor ighest HMO The Cl will medical effective avaiailabemour geogrrap cal area. that begins two weeks after this agreement is h; Council. 13ft�ve as soon as period �mved will beseVonsy possible, employees will beresponsihle for a sham of costof their nvdcal If Lodi, an premiums as follows: a) Employees vdth no dependents —$0.00 monthly, li additional: Employeeswith onedependent- $80,00 $692.81 M month for Family . monthly, c) Employees vitt more than 32.92 ver_ month for Em to ee + 1 onedependent- $104.00 monthly. Employeessetecting a Mor other 05.22 per month for Sin le availableplan shall also be responsible forth, difference in ecat between the highestI MO and the selected plan, k additiont othe specified employee share qualify for this provision. proof of group insurance must be provided to the City ofoost. Any employeewbo isothavise covered by amedical plan and chooses not to Win thefull extent ofinedical 19.2 Effective January 1. 2013 Cjjy will pay a maximum of the following for each family: coverage availableto h i or her, as ; applicable, to hisorhadependent(s) ac tegow :, may optmreceivetltefollowing:$25.00 per pay period paid into the enployeas deferred compensation account ifrat 1220.88 o3i=K Vee + 1 covering eligible dependentsorifno ' coverage is elected 57 L 15 per pay period. $61044 f-- sinWe willbedeposited intotiteemploym If em= lovee selects a htgh ros lea em= lovee will pay the difference as a payrolh: i . deferred compensationaccouat This , deduction. section shall not be construed to allow n," 1; individuals withoutdeirendentswrecdve any pordonofthedependentprmrium. 193 LPM0 shall allow a maximum of seven (7) City to ems ; Formatted. Tabs: S 06", Left f LPM0 solely to allow accessto health plans not otherwise available to n li safety ': '; Formatted: Indent: Left: 0", members, Associate membmhips shall be allotted on a first-come, first-servedbasis.; �,g: 0.5", outline numbered+ Level: 2+ NunbeiingStyle:1, 2, 3, ... +Start at: 2 +Alignmertt Left+ Aligned at: 0" + Tab after: 0.29" + Indentat: 0.29", Tabs: 0.5', List tab ARTICLE XX - DENTAL INSURANCE ;, ; + LOW, lid + Not at 0.29„ Formatted: Indent: Firstline: 0", Tabs: 1.065 Left 20.1 Employees are provided fully paid family dental insurance. Formatted: Indent: Left: 0", First line: 0", Tabs: 1.06", Left 20.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. Formatted: Indent: Left: 0", ARTICLE XM - MSIONINSURANCE 0.5, Outline numbered+ 2 + Nunbeiingstyle: t 2, a, I+Alignment: Left+ ..�Startat: 21.1 Employees are provided with familyvision care insurancedyaMh Vision Service Pkm. Wentaat: 00iqned + Tabbs; 0.5 ,0.25-s+tab Services and amount of coverage are outlined in the VSP Summary of Benefits. + Not at 0.25" Deleted: t 1 c ................................ ....... --...._.,..................•-••--•----------------••--•-......-"'-" `.-'....-....... 12 LODIAND POLICE MID-MANAGEMENTORGANIZATION—y10U2Q- Deleted: 07 Deleted: t ARTICLE XXII - LIFE INSURANCE 22.1 }amaccidental eath/smemberment insurano to $25,000. These benefits decrease after age70on aslidingscale,depending on age, 22.2 Employees are provided with $100,000 of accident insurance while traveling on Cityh, business outside the City limits. Spouses are only covered while accompanying the City \; employeeon Citybusiness, orwhile conductingbusiness onbehalfofthe City. ARTICLE X= - %rnuQ T%KV"T' A r BENEFITS 123.1 The City shall pay 100% of the premiums for health and dental benefits described in this l MOU for the surviving spouse and any minor children of any member of the LPMO K'ho 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. MUMES1-iIJ`V-1M=i0jiIII IM 0) � I ,I Do 0 z 1 -.10� Deleteds As sooa as administratively 'f Fmmafied- rndent! Left: Hanging: 0.5", Outline numbered + Le�el: 2 + Numbering Style: a, 2, 3, .. +Start at: 1 +AlignrTw t Left+ Aligned at: 0" + Tab after: 0.2W'+ j Indentat: 0.29', Tabs: Notal 0.29" ( Deleted: e CHAPTER - LEAVES ARTICLE XXV -VACATION LEAVE 25.1 Emplovoe-s hired prior to July 1. 1994 shall receive the followinevacationbenefits:_ Beginning with: Date of Hire: 3.08 hours per pay period___------- 6th year 4.62 hours per pay period__-__-- ------------------------------------------ 12th ear 5.23 hours pera erio ..---- 15thyear 6.16 hours per pay period ----- 21st year 6.47 hours per pay period,, ....... ---•----• .......................... -------- ill Formatted; Indent Left: 0", =Y.72 artpa� 0.5", Out ine numbeneil + Lever: 2 + Numbering Style: L 2, 3, ... + Start at: i + Alignment: Left + Aligned at: 0" +Tab after: 0.29" + Indent at: 0,291, Tabs: Not at 0,29" Formatte<h 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" I D aleted POAL Deleted:<013mployees shall receive the following:l I 1. Tuition costs, up to a maximum of $1,804perSsedW, tobepaidupon the satisfactoryeompledon 0omse work.¶ 4 2. The fail cost oflxxim required for eaurag taken.$ 1 The mm&mmamountreimbursed is based on fees for two courses ofstudy at catitbmia State University sacremeato, Tbismaximum amount wil be updated annually. A fiscal year is thepedod bawom July t and lune 30. 11eSnal data ofelass shalldetermine theSsoal year inwbidsthateourse falls. 9 Y Thin sedlonwil be applied kmml registration fees atan waedited College orUnivasity. Coursework must be part ofaprop m ofstudykmzA obtaining an Associate ofAm Bachelors, or any higher dayae t Formatted: Indent: Left: 0", Hanging: 0.5" Deleted:. (lo days per EE: (15 days per year) De; .rt7.favanrDe. (20 ;:;,P- Deleted- aysperDeleted- . (21 days per year) 1 crrx OF LODI AND POIKE MID-MANAGEMENTORGANIZATION–MOU 20L2r201 Deleted: i 22nd year 6.78 hours pera erio------------------- Ddebea: • (22 days pary—) 23rd year 7.09 hours per pay 1erio4,. = = ZDGIM*dl � p« r—) 24th year 7.40 hours per pay period --------------------------------------------------------- - a �tw ) 25th year 7.71 hours per pay period.................................... 9dsyspery—) 25.2 Employees hired after July 1, 1994 shall receive the followingvacation benefits: Fonnatbea: Bullets and Numbering Beginningwith: Date of Hire: 3.08 hours Per PAY period--------------- ._--.____----__-_---.-_------- -_--"" 6th year 4.62 hours pera erio . 12thyear 5.23 hours per pay period-------------------------- Y ear/above 6.16 hours per pay period---------------------------------------------------------- - f 25.3 Employees promoting into a Mid -Management position will follow the vacation schedule' referenced in articles 25.1, or 25.2, depending on their initial employmentwith the City of Lodi 25.4 Vacation leave shall be used in increments of not less than quarter hours. Employees mays`"` accumulate a maximum of twice the employee's annual vacation accrual. If and when the accrual cap is reached, no additional vacation hours will be accumulated until the employee's vacation usage brings the accumulated number of hours under the cap,,- ; ARTICLE XXVI - ADMINISTRATIVELEAVE 26.1 Employees will be given 80 hours of administrative leave per calendar year, credited in- January for nurroses of use. Leave shall be taken in increments of not less than quarter hours. Balances must be used prior to December 30 or they will be lost. 26.2 New employees or employees becoming eligible due to a promotion receiver-' administrative leave on a prorated basis, with six point six seven (6.671 _hours granted for -; each full calendarmonth 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 reuaid to Citv. 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: _(IO days pm:rywa _ Deed:. (is days pa9-) Delded:. (17 days per year) Deletads _(20 days peryoar) Formatted: Indent: Left: 0", Hanging: 0.5" Formatted: Bulla sand Numbedgg Formatted: Indent: Left: 0", Ham 0.5" F"MalGA Bulletsa:ad U mberm Deleted: This policy isiacorporated - iatomheMOU as Attmhmeut $ Formatted: Indent: Left: 0", LeveHanging: + Numberi1ine ngStyle:b1, Z 3, ...+Start at: I +Alignment Left+ Aligned at: 0' + Tab after: 0.25" + Indentah 0.25", Tabs: 0.5", List tab +Ndat 0.25' MI A, M irtenun0 &(Xt Aligned at: 0" +Tab after: 0.250 + Indentat: 0.25", Tabs: 054, List tab +Mat at 0.25" Deleted. eight Fonnatted:Indent: Ldk: 0", Hanging: 0.5", Outline numbered+ Level: 2 + Numbering Style: 1, 2, 3, + Start at: L +Alignment Left+ Alignedat a'+Tabafter: 0.25"+ Indent at: 0.25, Tabs: 0.5, Listtab + Not at 025' Fo=atted:Indent: Left: 0", Hanging: 0.5", Outline numbered + Level: 2 + Numbering Style:1, 2, 3, ...+start at: L +Alignment Left+ Aligned at: 0"+Tab after: 0.25'+ Indent at: 0.25", Tabs: 0.5", List tab +Not at 0.25' Fomwilhed Indent: Left 0", Hanging: 0.5", Outline numbered t aeunmbe�lalgt:1,� �; Aligned at: 0"+Tab after: 0.25" + F' Indentat: 0.25', Tabs: 0.5", List tab +Natat 0.25'• I CITY OF LODI AND F 111 E MID -MANAGEMENT ORG – Ol 2011201 , 1 27.2 All employees assigned to a 40 hour workweek shall observe fixed holidays as shown: New YearDay - January 1 Martin Luther King Jr. Day - 3rd Monday in January Presidents Day _ Yd Monday in February Memorial Day Last Monday in May Independence Day July 4s' Labor Day 1"Monday in September Thanksgiving Day - 4s' Thursday in November Day after Thanksgiving Friday followingThanksgiving Day Last Half of Christmas Eve Day - December 24th Christmas Day - December 25th { Deleted: 07 J Deleted. I y — — Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered+ Level: 2+ Numbering Style: 1, 2, 3, .j starta: I+Alignment: Left+ Aligned at: 0" +Tab atter: 0.25" + Indent at: 0.25", Tabs: 0,5", List tab +Not at 0.25" 27.3 Holidayhours shall betaken in increments of not less than uarterhours *--- ------- 27A q --------- r„ 27A If holiday time is not used by the end of the calendar year. py remaining hours'IIv Abe',,,,-% cashed out to the employeen the first pairperiod in January. 27.5 ff hired or separated mid -year, employee shall be credited or debited with fixed ho 'days remaining plus floatingholidays per the following schedule: Four FloatingHolidays: Month Hired or Separated HouMadded ..HouMSubtracted Jan Feb March 40 30 tis April May June 30 20 July Aug Sept 20 10 Oct Nov Dec 10 0 ARTIC LE XXVIII STC'KTIAVE ----------------------------------------------------- 28.1 Sick Leave is earned at the rate of 554 hours per pay period with no — - - the limit on the amount., -------- that can be accrued. Sick leave shall be taken in increments of not less than quarter \ hours. ' Y y► . ilii EVA 15111 / 29.1 The City of Lo di 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 California GovemmentCode 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, 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: and may not be carried into the following calendar year. Formatted: Strikethmugh Formatted: No bullets or numbering Formatted: Indent: Left: 0", l Hanging: 0,5", No bullets or 1 numbering Deleted: in first pay period in December Formatted: Indent: Left: 0", Hanging: 0.5", No bullets or numbering Deleted: Dw Deleted., PW Deleted: q q 4 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: 0.291, Tabs: Not at 0.29" Deleted: 4.62 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" + Indent at: 0.29", Tabs: Not at 0.29" I CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2011-201 Deleted: 07 _ Deleted: I 1 130.1 Catastrophic leave is available to employees is accordance with the qty's current Catastrophic Leave policy,,--•------------- ----------- --•• oeteted: AdmW*advcPosoy=d Procedure dated February 5.2003 ARTICLE XXXI - BEREAVEMEN LEAVE 31.1 Bereavement leave is available to employees in accordance with the Civs current Bereavement Leave poligy.................. .......... ..................................................... t Deleted: AdadnistrativePolicy and Piocedure dated May 1. 1995 ARTICLE XXXH —LEAVE OF ABSENCE 32.1 Leave of Absences are available to employees in accordance with the City's current Leave of Absence policy Deleted: Admuustra m Policy and Procedure dated May 1, 1995 CHAPTER 4 - ORGANIZATIONXITY ISSUES ARTICLE N XXIII - 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 duringprobation cannot be grieved. New hires and promotional appointments shall be eligible for a merit increase at the completion ofprobation. 16 QTY OFLODIAND POLICEMID•MANAGEMENTORGANIZATION—MOU 20�?--201 • DeletaM07 Deleted: I ARTICLE XXXIV - PERSONAL LIABILITY 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 irr#y, including death, sustained by person(s) as a result of a decision made in their capacity, except that: 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 determinesthat: 1. The actor 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 ofthe City. 2. At the time ofthe act giving rise to the liability, the employee or former employee acted, or failed to act, in good faith, without actualmalice and in the apparent best interests of the City. 3. Payment ofthe claim of judgment would be in the best interests ofthe City. ARTICLE XXXV GRIEVANCE PROCEDURE 35.1 Disputes involving the following subjects shall be determined by the Grievance Procedures establishedherein: 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 GrievanceProcedure. C. Disputes which may be of a "class action" nature filed on behalf of the Association or the City. lbnmaU*d. Indent: Left 0". 35.2 Class action Grievances shall be submitted in writing from the LPMO's President to the 4 ----Hanging: o.s", Mine numbered �. City Manager or vice versa. Levu: 2+Numbering style: I, 2, 3/ t Start at: 2 +Alignment: Left + Ai wd at: 0" +Tub arar: ur rm..f .s. n 70" 7.1-- u..1. n n -d 17 I CITY OFLODIAND POLICE MID-MANAGEMENTORGANIZATION —MOU ( t]eleted: l 135.3 STEP ONE Formatted: Outline numbered + Discussion between the employee,the Association Representative and the Department P Level: 2 + NumberingStyle: 1, 2, 3, .- + Start at: 2 + Aligtmten4 Left + Head, who will answer within fifteen work days. This step shall be taken within thirty Aligned at: o" +Tab after: 0.29" + days of the date of the action complained of, or the date the grievant became aware of the Indent at- VIP, TM: Not at 0.2r incident which is the basis of the grievance. 35.4 STEP TWO If a grievance is not resolved in Sten One. Sten Two shall be the presentation of thee' 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 reaarrdine the City's Administrative Process. V------------------------------------------- ARTICLE XXXVI - DISCIPLINARY PROCEDURE ( 36.1 Basis: The City may discipline any employee in City service. Discipline may include-'" discharge, demotion, suspension, reduction in pay, or oral or written reprimand. Only regular employees shall have the right to hearing and appeal as described in this section. ( 36.2 FLSA Exempt Employees: With respect to employees in classification deemed exempt ---- from the overtime requirements of the Fair Labor Standards Act ('T'L.SA') disciplinary suspensions pursuant to this policy shall be administered in accordance with the salary basis test under the FLSA's governing regulations. 136.3 Cause: Causes for discipline of any regular employee shall follow the listing of causes—' noted in the City's Rules for Personnel Administration, as well as the followingcauses; r .. ULLUllu oil Ulu D'd.S1S U11QGC, GUIUI. IId.L1Ulldl UI1�II1. 1C11�1ULL1 GIY U. G11VGJ 41Y. SCX, sexudl ; ` preference, marital status, age or physical handicap. R I Jnaulhorigd 12o§sgssion or use of controlled substances or alc hol on Ci and/or at the worksite. 1� ( 36.4 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated*:1.1 by the City department head for cause against any employee under his/her supervision. Disciplinary actions in the form of termination or discharge shall be subject to final approval fwn the City Manager. sl 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 orby registered or certifredmail. 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 ofthe Notice of Intended DisciplinaryAction shall also 18 Formatted: Indent: Left 0.5' Delated: I£a grievance is not resolved in Step Ono, stepTwo shall be Or presentation ofthe grievance, mwriting, bytheAssociation Representative todre cityManager, who shall answer, in wtift within8ftom work days of recelptofthegtievaace. Thecity Manager's decision shall be find and binding. Step'threeshallbetakenwithin fiftem work daysofthe dateofthe answer instepTwo.t Formatted, Indent: Lett: 0", Hanging: 0.56", Outline numbered+ l.t:V�ISl2 rt dhNrilt�el: 7,e"$ Aligned at: 0" + Tab after: 0.29" + Indentat: 0.29, Tabs: Notat 0.29" Formatted, Indent: Left 0", FIartymg: 0.5", Oudinenumbered+ Imo: 2 + NumberingStyle 1, 2, 3 + Start at: I +Alignment: Left + Aligned at: 0" +Tab after: 0.29" + indent at, 0.29", Tabs: Not at 0.29" Formatted, Indent: Left: 0", Hanging: 0.5", Oudinenumbered+ Level: 2 + NumberingStyle:1, 2, 3, +Start at:1 +Alignment: Lit + Aligned at: 0" + Tab after: 0.29" + Indentat: 0.29", Tabs: Not at 0.29" Deleted:may inckKkbutshallnotbe limited tothe following: Deleted:<#> Improper or unarthorLzed use or abuse of skkleave,1 <#> Hmessive absenteeism that prevents reasonable salibi ityforessigaad dudes.1 9 <fpAbsenw without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure toreport towork alta a leave ofabsenoe has expired or alta a leave has been disapproved or revoked.1 <014600nduct; willthl oraqugent violation offtrepersonnel rules, resolutions, and/or other related ordinanow mdwugwzi#m departments! rates, regulations, and policles.q c0laubordiosuon;9 Formatted, Bullefsand Numbering Delated: Threats ofviolanoe against City -ploy- and/or City property CITYOFLODIANDPOI CKNID-MANAGEMENTORG MM—MAlU 20 1-2013 _ _ ________ oeteted:07 Deleted: I be filed with the Human ResourcesDirector. 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 entitledto 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 tAve of disciplinary action; 7. The specific reason(s) or cause(s) for the actions; i 36.6 Final Notice of Disciplinary Action: Following review of the department head's + ------- maw -.tet: tft 0". recommendation and the determination the Ci er, the Ci Manager shall Meve: 2 os, oudl� numbered+ by City Manag , City g Lever: 2 + NunberingSLyle:1, 2, 3, prepare a Final Notice of Disciplinary Action, advising the employee of the action to be+Startat: 6+a�gnment Leff+ taken, its effective date, and the employee's appeal rights. be... at: 0" +Tab atter: 0.29' + Indent at: 0.29", Tabs: Not at 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 CityManager. 2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the Human Resources Director. The Final Notice of Disciplinary Action shall be delivered personally 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 appealhearing. The employee shall submit a copy of the appeal to the City Manager. 19 I CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 20U201 07 { Deleted: 1 36.8 ff 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 of evidence shall not apply. 2. The parties will have the right to present and cross-examine witnesses, 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 nominally would be present at the hearing only while testifying and should be permitted to testify only in the presence ofthe employee or his/her representativesand 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 determiningthat the faeb�al 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, arm 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 conceming what he/she feels would be the appropriate level of discipline to the City Manager. Should the hearing officernot 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 compliancewith 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 of the City Manager shall be final and binding. 36.10 Judicial review of any decision rendered under this section shall be governed by Code of ICivil Procedure section 1094.5,,. --- ..... 20 Deleted:1 1 36.11 Deleted: For employees covered by the requirements ofCalifornis Government Code section 1 3300 eL seq., the appeal procedures in this section shalt be deemed to comply with and fully satisfy the right to an administrative appeal under Government Code section 3304. Fannatted. Indent: Left: 0", First line: 0" CITY OFLODIAND PMICEMID-MANAGEMENTORGANIZATION—MOU 20 201&___•-__,__.,'.•1Defetedso7 J Deleted; 1 36.11 Notwithstanding.anvthing in this MOU. all discialine under this MOU shall conform to the requirements ofthe 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 L --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 dutybecause of lack ofwork or other legitimate reas=, 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 Illetsr for arriving at terms for a successorMOU . Article XXXVIII — EMPLOYEE REPRESENTATION 38.1 This Memorandum of Understanding (MOI) is entered into between representatives of the City of Lodi (City) and representatives of the Lodi Police Mid -Management Organization PM). The parties hereto acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by 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 representativesto propose and vigorously advocate all negotiable subject matter -dung the course of collective bargaining preparatory to signing this 21 Formatted; Indent: Left: 0", Hanging: 0.5", Outllne numbered + Leonel: 2 + NumberingStyle:1, 2, 3, +startat: 1+Alignment Ld+ Aligned at: 0" + Tab after. 0.29"+ Indentat: 0.29", Tabs: Notat 0.29" Formatted; Indent: Hanging: 3", aulleted + Level: 1 + Aligned at: 3.2V'+ Tab after: 3S' + Indent at: 3S'. Tabs: Not at 3.5" CITY OF LOW AND POLICE MID -MANAGEMENT ORGANIZATION — MOU 2012,;44 Deleted: 07 i oelete& 1 agreement. The City will meet and confer before changing a policy or rule that is subject to meet and confer under the Meyers-Milias-Brown Act (WYMA), 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 accordancewith the discipline article ofthis MOU. ARTICLE XXXIX - EMPLOYEE RIGHTS 39.1 The City agrees that al I disciplinary actions shall be taken in a timely manner, recognizing- Formatted.- Indent: Left: 0", that imposing discipline, grieving such discipline, investigations, and criminal Hanging: Nu outline numbered + p g p � � g p � g � Level; 2 + Numbering style: I, 2, 3, proceedings may preclude timely action. This process also includes investigations of the + start at: I + Alignment: Lett + complaint,recommending discipline to the office of the Police Chief, and the imposition Ind Aligned at:. +Tab after: at0.0. 9 g p � p Indent at: 0.29", Tabs: Not at 0.29^ ofdiscipline. 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. 393 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 departmentalpersonnel file during normal business hours. Such review shall not interfere with nominal 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 accordancewith Article XXXVI ofthis MOU. Formatted: indent: Left: 0", Hanging: 0.51, Outline numbered+ Level: 2 + Numbering Style: It 2, 3, ... + Start at: I+ Alignment: Left+ Aligned at: 0" +T.ab after: 0.29" + Indent at: 0.29", Tabs: Not at 0.29" Formatted: Indent: Left: 0", Hanging: 0.5", Outline numbered + Levet: 2 +Numberr'i%Style:1, 2, 3, ... + Start at: I + Alignment: Left + Aligned at: 0" + Tab after: 0.29" + Indent at: 0.29", Tabs: Not at 0.29" + CITYOFLODIANDPOLICEMID-MANAGEMENTORGANIZATION- MOU 2011-2011___ ____ _.,,.-' Deleteds07 Wdad: i 39.4 The City agrees to provide each represented employee with copies of special orders,------- Forrnatnea; Indent: Lett o", general orders, training bulletins, departmental rules and regulations, and a copy of this Hanging: 0.5", Oudinenumbered+ Level: 2+ NumbeningStyle:1, 2, 3, MOU. ... +StartaC i +Alignment Left+ Aligned at: 0" +Tab atter: 0.2W'+ 0.29",Tabs: Notat 0.2.9" 39.5 The City agrees not to interfere or in any way discriminate against an employee for-- "IrWentat: -.., ForrnatledIndent:Left: 0", exercising his/her right to belong to an employee organization or to exercise his/her rights Hanging: 0.5", Outline numbered + under this MOU. The LPMO similarly agrees that it will not interfere with or Lefel: 2 + Numbering Style: 1, 2, 3, tStartat: 1+Alignment: Left+ discriminate against employees for exercising rights to belong or refrain from belonging aignedat: a'+Tab after: 0.29"+ to, supporting, or participating in the activities of an employee organization. t Indent at: Tabs: Not at 0.29" 39.6 Both the City and the LPMO agree that no employee shall be subjected to any ..... +� o•, discriminationb3the City or fellow employees in any matter relatingto hiring, red+{{ �osnumbe Level::2+ NumbefingSlyle: 1, 2, 3, i promotion, assignment, wages, or conditions or employment because of age, sex, creed, +Start at 1+Alignment: Let, color, or national origin. Alleged discriminatory acts are subjectto the City's Policy and gned� x291 Ta. N_at a2 lIndent Procedure regarding Discrimination, not the grievanceprocedure. _ ART ICLE XXXX - REST PERI( 40.1 The intent of the rest period is to ensurethat the employee is adequately rested for his/hers... Formatted: Indent: Left: o", assigned work shift. �ln2'+°N mberingStyle 1122, 3 ... +Start at: i +Alignment: Left AGyned at 0" +Tab attar: 0.29" + a. Employees will receive a continuous eight hour rest period immediately preceding l Indent at: 0.29", Tabs: Not at 0.29" or immediately following their scheduled court appearance or other departmental assignment(s), if less than eighthourshas 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 his/her 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 herr..--. scheduled shift cff, the employee's leave balances will be charged for the entire shift (as if no rest period has occurred). C. The rest period does not apply when an employee is scheduled for court or appearance/assignment the day immediatelyfollowing a day off. ARTICLEXXXXI - 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 Formatted Indent: Lett: 0.5", Hanging: 0.5", Numbered+ Level: 1 +Numbering Style: A b, G ... +Start at 2 + Alignment Left t Aligned at, 0.5" + Tab after: 0.75" + Indent at: 0.77, Tabs: Not at 0.75" CITYOFIADIANDPOLICEMID-MANAGEMENTORGANIZATION—MOIL 20lin241 __-- � r07 {�Deleted. t ARTICLE XXXXII - SEVERABILITY U Int event that ty provision of this MOU is found by a court of competent jurisdiction to b 1. all tt provisions shall be severable and shall continue in C force and effect. CHAPTER 5 -WORK HOURS Al XIII - HOURS OF WORK 43.1 Employees shall work a "10-4" plan, Alternate work schedules may be developed and+-----. 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 shahs are very stressful and may 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-,.., R t O 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 oftheir seniority and the needs ofthe 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: Hanging: 0.5", Outlinenumbered+ Level: 2 + NumberingStAe:1, 2, 3, ... Start at: i +Alignment: Left+ Aligned at: 0" +Tab after: 0.29" + Indantat aX', Tabs. Notat 0.29" Formatted, Indent: Left: 0', Hangs • 0.5", Outlinenumbered+ Lever: 2 + NumberingWe: 1, 2, 3, ... +start at: 1+Alignment Ieit+ Alignedat: 0" +Tab after: 029' + Indentat: 0.29", Tabs: Notat 029' Formattedi Indent: Left: 0", Hanging: 0.5", Outline numbered+ Le,I. 2 +NumberingWe: 1, 2, 3, _. r Start at: 1+Alignment: Left + Allaned at: 0" + Tab after: 029" + indent at: 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 029" crryOF1,C)DIANDPOLICEMtD-MANAGEMENTORGANMATION—MOU 201129,1 Deleted, 07 Deleted! I SCHEDULE Police Md -Management Positions I salameffective 111/1Z 0 Deleted' Increase Deleted: OZ7 (U.7; Deleted: 8482.04 Deleted. 9906.13 Deleted. 9351.44 Deleted. 9919.01 Deleted. 10309.96 Deleted. 7068.37 Deleted: 7421.77 Deleted- 7792.86 Deleted: 8182.5t Deleted. 9591.63 Deleted: 5890.30 Deleted: 6184.81 Deleted: 6494.05 , Deleted: 6818.75 Deleted: 7159.69 Police Cgipfain �O42 20J.91 JOQ88.33. I 74 - �I 8 L J_-22� Police Lieutenant J625.35 006.61 8406,94 A&7 22 S2E8 &S Police Sergeant f2354.46 -6672.17 J005.79 -7356.07 - -7223—.88 0 Deleted' Increase Deleted: OZ7 (U.7; Deleted: 8482.04 Deleted. 9906.13 Deleted. 9351.44 Deleted. 9919.01 Deleted. 10309.96 Deleted. 7068.37 Deleted: 7421.77 Deleted- 7792.86 Deleted: 8182.5t Deleted. 9591.63 Deleted: 5890.30 Deleted: 6184.81 Deleted: 6494.05 , Deleted: 6818.75 Deleted: 7159.69 CITY OFLODIAND POLICEMID-MANAGEMENT 1ZA'I — f ;OI2;201l_________ t m J Id id I---...-------------------------------------------................... ..---------------- .----------------------- 26 Lveleeew A A 1 Al.tllnLn 1 01 CITY OF LODI ..1 ADMINISTRATIVE POLICY AND PROCEDUREMANUALI I I 4 1 9 SDBJB=:.... VACATION LEAVE -Palicy9 1 DATE ISSUED:... April 1, 2004 .1 V SECTION. ... V1 9 9 4 SECTION 1:.. . , ELM= 1 The purpose of this policy is to provideguidance inthe implementation ofvatatimleave.1 V 1 SECTION 2:.... ELIG-PL[ Y4 V .. Each probationary and regular full-time employeein the classified service cams vacationbenofits in accordsnoe with his/her lengthof contiraiorrsswAce and in accordance with tireprovisions ofapproved memorandum ofunderstanding or managomentpaypian.l 1 Provisional, temporary, part time, seasonal, ore eway employees shall not accrue vaeadon.1 .. Vacation benefits am earned in tocerdauce with an employees ipprupriatememorandum of mderstanding or statement of bene5ts.1 I .....Employees earn full vacation cave creditsfia• my pay period in which tleyane in afhll pay status for the xNuivalent ofone-half ormoreoftheir egularly schaduledwork hoes Iia afvacationleave arecredited atthe approvedratein accordance with the runs ofthe appropriate memorandum of mderstanding 1 I .. ..The maximum amount of mused vacation hours that an employee nay acmue, at any give time is twice the atplgse's anmalvacationentittemartt. Whenever ® employees unused, accrue vacation has reached this maximum accrual amount, the employeeshallstop rocming anyadditionalvacation. A ..-.-1 ..till ..........-w..l i.........r- CITY OFLODI I,NDPOI MIDMANAGEMENTORGANIZATION—MOU 2UUjglA____---- _ _ ___•'tbekled-07 { Deleted: I 27 ��Pa�e:4:'[Sjpeleted :::.::.••: " ::..::,;;.:,."".��=jars:.=:;:°;.::�.,,�• <"="..3•:: .-'Q3/.�6J20i2'01:55OOPM ..:. July 1S`, 2007 a salary survey will be conducted using the formula in section 1.2. Salaries will be increased effective July 1", 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 I'`, 2008 a salary survey will be conducted using the formula in section 1.2. If City of Lodi General Fund Revenues increase by Mor 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 131, 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. ... ....... 3" 66/ 57 P ` July 1${, 2009 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 30,2007 in comparison with audited revenues for the year ended June 30, 2008), then salaries will be increased effective July 1", 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". 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 18% 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. e 4.. _ ttetl: e' e3''.06''r�012 Q3• '0 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" •:� .ge.�:. 4 ;Form .x�:; •.,;�-ti,.>z ::�: :.��:.,,sQ3. 11�, 0l:�,' `'ObPM:`m Indent: Hanging: 0.511, 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" e:7.' � 'Deleted:. .. �i-.i - +'4'.::•'>:•' i::�'':::,:,'K•.. or three months prior to July Is, 2008 if City revenues do not increase by at least 1% (as per Article 1.6) and three months prior to July Is`. 2009 if City revenues do not increase by at least 1% (as per Article 1.7) and three months prior to July ls`, 2010 if City revenues do not increase by at least 1% (as per Article 1.8) :R a 4. • 6 :Eorm� tl.: 'a"e 03 20i'A3 23e00'PM ' :......#9...[.�.. tte �.:.,.;�•;.;:;:.::''.:•••`:`::":7..Y...rii:;'::`:'•;'.;:;":;'.. �`,. ';''•J.,':':::. /0.6�:.. ,...r ....... .........,.....< Indent: Hwcjh : 0.5", Outline numbered + Level: 2 + Numbering Style: 1,2, 3, ... + Sat 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 pnic6lini . . 03/26/201A1:04:00 AM Bulleted + Level: l + Aligned at: 0.75" + Tab after: 0" + Indent at: 1" Page 5s [8]. Deleted - ., jayers.,... .:.. , 03ld6/2012;02e02:00 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 : ' ,,.:.. :.� , .,.: •.. ;,.., .; ja1►�'s. :. :.:� _ .. .:'s s , .03/2�%2012;�0 4� OQ�AM. ; to be increased as follows: January 1,2004: Increase to $950.00 �owi=sY 000* in the months of March, June, September, and December and shall be for the previous three months 0 2:`A'3.23e�" ::.-.. .g. -. ��...��: _-. .:'�:::... . ': -::'-:`:� ..... _-:�S•..lw-:: _:.r��F., .. :. �,Zu... is!vw..r.. .`:ti ,�:F: ai._ ..w . ...... ... .....e _...... _. .. ..... ... _..... r Indent: Left: 0", Hanging: 0.5", Outline numbered + Levek 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" 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: 025", Tabs: Not at 0.25" „a--;z,;,e.-..:r. :.:. ...... ..:..::.:.: _ - _ arty =:Pa 5:. 13 �Formallefd:`::Y F=: a _ _ ..,. - .�._...., _. _ . .._�... ,..L ..].--., .. .: ..•..: �.; ">''"'1: ":H�¢h-�'"a:_:.�i��'^<��s°�_^.atn_�_:Tes:.=:u�3.5.4•:..-. Indent: Left: 0", Hanging: 0.5", Outline numbered T 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" ARTICLE V1= 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 theirjob. 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 anew 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 PDB by the evaluation committee, will be issued a separate check for the appropriate amount in November of each year of this contract. Eli�biliiv To be eligible to apply for the bonus, employees must meet the following min'rmam qualifications: Employees must have completed at least ten (10) full years of service at the rank of Police Officeror 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, r Yd - during the qualifyingperiod. Employees must have met the above mentioned minimum qualifications by the beginning of the preceding time period being evaluated. Evaluation ofAnplications (Process) The PDB process will consist of a committee evaluation, conducted on a areal 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 writirg 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 vAl 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 and is not subject to any grievance procedure. .::....,,.,..., ,,..,,.,..., ; ::;��'.�avers;:• „•. , ..,..-;,;•::�ti=031ii / _Q2�0�A0.00•.P ..:'' ARTI17%.JJL� XVIII - i E HYSICAL 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 • An executive blood panel • Urinalysis • Mammogram • Pap smear • Chest X-ray • EKG (resting) 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. 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 v&h 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 v Mh 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 v&h superiors or fellow employees. Engaging in political activities while on duty, in uniform or using the authority associated v&h 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, rojW 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 j ob 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. Indent- Left: 0", Hanging: 0.511, 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" ,: .�..�. �.`��:�Bl@�F.�. '�'•:".�_ .:. ,r:. °'�': ' r. � �'>:��:':�SrS{'S:•:F. '•".hs:. is#,.,.a,',ir. � ........ ... . `�� ... �... _, l"*' ATTACMIENT B CITY OF LODI ki MSTR i E I OLIO i AP W I RC GEll URE 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 vacationbenefits in accordancewith 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: Vacation benefits are earned in accordance with an employee's appropriate memorandum of understanding or statement of benefits. Employees earn full vacation leave credits for any pay period in which t V are in a full pay slak s for the equivalent of one-half ar more of their regularly scheduled work hours. Hours of vacation leave are credited at the approved rate in accordance -vim 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 nwdznm may be authorized by the City Mmsgw. 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 Managerhas sole discretion to approve or deny such requests. SECTION4: 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 �4L terms of the appropriate memorandum of understanding. SECTION 5: UTILIZATION After six (6) month 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 accumulated balance. 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: U LNESS 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 SEPARATION FROM 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. • •: CHARGEABLE ABSENCES • VACA�•► LEAVE Other dw 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. RESOLUTION NO. 2012-35 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 cf Understanding shall be effective for the period of January 1, 2012 through December 31,2013. Dated: April 10, 2012 ------------------- I hereby certify that Resolution No. 2012-35 as passed and adopted by the City Council of the City of Lodi in a special meeting held April 10, 2012, by the following votes: AYES: COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and Mayor Mounce NOES: COUNCIL MEMBERS —Johnson ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS— None JOHL City Clerk 2012-35 E X Hi MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LODI GIID LODI POLICE MID -MANAGEMENT ORGANIZATION (LPMO) JANUARY 1,2012 -DECEMBER 31,2013 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 Table of Contents Page # Article I Salary and Term 4 Article II Uniform Allowance 5 Article III Bi -lingual Pay 5 Article IV Compensatory Time 5 Article V Court Time 6 Article VI Longevity Pay 6 Article VII Special Assignment Pay 7 Article VIII Out of Class Pay 7 Article IX Call Back Pay 7 CHAPTER 2 —BENEFITS AND INSURANCE Article X Employee Assistance Program 7 Article XI Deferred Compensation 7 Article XII Flexible Spending Account 8 Article XIII Chiropractic 8 Article XIV Education Incentive 8 Article XV Overtime 8 Article XVI Retirement 9 Article XVII Sick Leave Conversion 10 Article XVIII RESERVED 11 Article XIX Medical Insurance 12 Article XX Dental Insurance 12 Article XXI Vision Insurance 12 Article XXII Life Insurance 13 Article XXIII Survivors Medical Benefits 13 Article XXIV Tuition Reimbursement 13 CHAPTER —LEAVES Article XXV Vacation Leave 13 Article XXVI Administrative Leave 14 Article XXVII Holidays 14 Article XXVIII Sick Leave 15 Article XXIX Family and Medical Leave 15 Article XXX Catastrophic Leave 16 Article XXXI Bereavement Leave 16 Article XXXII Leave of Absence 16 2 CII i J F LODI A11D POLIC E MID •P ( .ANAGEMEN ' .TI! I — MOU 2012-2013 Page # CHAPTER 4 — ORGANIZATION / CITY ISSUES Article XXXIII Probation 16 Article XXXIV Personal Liability 16 Article XXXV Grievance Procedure 17 Article XXXVI Disciplinary Procedure 18 Article XXXVII City Rights 20 Article XXXVIII Employee Representation 21 Article XXXIX Employee Rights 22 Article XXXX Rest Period 23 Article XXXXI Changes in MOU 23 Article XXXXII Severability 23 CHAPTER 5 —WORK HOURS Article XXXXIII Hours of Work 23 Attachment A Salary Schedule 25 3 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 City of Lodi Lodi Police Mid -Management Organization 2012-2013 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 salary will be calculated by dividing the Lieutenants salary by 1.20, creating a 20% separationbetween Lieutenant and Sergeant. 1.3 Captain's salary will be calculated by multiplying the Lieutenants salary by 1.20, creating a 20% separationbetween Lieutenant and Captain. 1.4 The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and LPMO agree that the term is January 1, 2012 through December 31, 2013. 1.5 The City of Lodi and the LPMO agree to commence negotiations no later than (3) months prior to the expiration of the MOU. 1.6 Although the City is not required to perform or act on a salary survey during the term of this MOU, in the event a salary survey is performed, the City of Lodi and the LPMO agree that the salary survey cities shall be as follows: *Chico *Merced *Tracy *Clovis *Modesto *Turlock *Davis *Redding *Vacaville *Fairfield *Roseville *Visalia *Manteca *Stockton *Woodland 4 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2012-2013 Salary surveys shall include the following areas of compensation: • Salary • PERS employee contribution paid by employer • Health Care Contributionpaid by employer • Education Incentives • POST Certificate Pay • Longevity Pay • Deferred Compensation Contribution 1.7 The parties entered into a side letter agreement approved by the City Council on June 1, 2011, the terms of which will continue in effect through the termination date referenced in the side letter agreement. ARTICLE II - UNIFORM ALLOWANCE 2.1 The City agrees to provide a uniform allowance of $950.00 annually. 2.2 The uniform allowance shall be paid bi-weekly in conjunction with regular pay checks. 2.3 The City agrees to repair or replace uniforms damaged or destroyed on duty unless gross negligence can be shown on the part of the employee. Receipts shall be required prior to reimbursement. ARTICLE III — BI -LINGUAL PAY 3.1. Employees designated by the Department Head and approved by the City Manager who have passed a bi-lingual proficiency examination administered by the City shall receive a monthly bi-lingual premium of $150.00. ARTICLE IV — COMPENSATORY TIME 4.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour of overtime time worked. 4.2 No more than two hundred forty (240) hours of compensatory time may be carried on the books at any time. 4.3 An employee's decision to elect compensatory time instead of overtime pay is irrevocable. 5 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 4.4 Upon separation, the employee will be paid at the employee's current hourly rate or the average of the last three years, whichever is higher, for the remaining compensatory balance. 4.5 Bargaining unit members shall be allowed to cash out up to a maximum of 100 hours of earned compensatorytime off twice per year in April and October. ARTICLE V — COURT TIME 5.1 Employees scheduled to make court appearances during off-duty hours, on scheduled days off, or when on graveyard shift, shall be compensated at the rate of time and one- half for actual hours involved in such appearances. In no event shall they be paid for less than four hours. 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 four 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 staff will be needed. ARTICLE VI - LONGEVITYPAY 6.1 After completing ten years of service with the Lodi Police Department, employees shall receive an annual longevity pay 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 completed twenty years of service with the Lodi Police Department will receive longevity 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 31St meet the service level requirements (either ten full years or twenty full years from the first day of the month in which they started their employment with the City of Lodi Police Department) shall receive the longevity pay 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. CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 ARTICLE VII — 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 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 a higher level classification shall be paid an additional S% of the employee's regular salary. ARTICLE IX - CALL BACK PAY 9.1 Officers called to appear for work within two hours of the beginning of a shift, or one hour after the shift, shall receive overtime at the rate of time and one-half. Such appearances shall be reported as contiguous shift extensions. If the appearance begins more than two hours before or more than one hour after the scheduled shift, the employee will be credited a minimum of three hours at the time and one-half rate. When an officer is ordered back to work on an "as soon as possible" basis and reports within thirty minutes, the officer shall be compensated from the time of the call. CHAPTER 2 - BENEFITS AND INSURANCES ARTICLE X — EMPLOYEE ASSISTANCE PROGRAM 10.1 Employees, their spouses, and dependent children are entitled to three (3) free visits per year per family member with a licensed clinical social worker through the Employee Assistance Program provided through the City. This may be supplemented by medical insurance after exhaustion of the three (3) free visits. 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 pay period in which July 1,2012 falls. 7 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 ARTICLE XII - FLEXIBLE SPENDING ACCOUNT 12.1 Employees shall have the option of participating in the Flexible Spending Account (Section 125 Plan). Employees may elect to participate in; a) Premium Conversion b) Non -reimbursed Health Care 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. 12.3 The City intends to propose a cafeteria -based benefit program in 2012 with an effective 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 o f a cafeteria plan. The City's proposed cafeteria plan will offer substantially the same or better benefits to those currently received by unit members. ARTICLE XIII - CHIROPRACTIC 13.1 Chiropractic services may be received by employees and dependents. This benefit allows up to a maximum of 40 visits per calendar year. Co -payments for services are $10.00. 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 Advanced POST: $250.00 per month OR Supervisory POST: $350.00 per month OR Management POST: $450.00 per month POST incentives will be paid based upon the highest level certificate held. 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 a CITY OF LODI AND POLICE MID-MANAGEMENTORGANIZATION- MOU 2012-2013 determined by the appropriate department head and include but are not limited to such events as: • The necessity to cover scheduled shifts; • Direct supervision of crews assigned accommodate the public; to work during normal days off to • Break down of equipment and/or systems requiring the presence of the mid - manager in order to restore service. 15.2 Overtime pay shall not be paid for the following: Staff meetings Special projects • 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 these guidelines must be approved in advance by the department head and the City Manager. 15.4 Upon promotion into a Mid-Managementposition 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 following retirement benefits. The following plan is available to employees hired prior to the date of execution of this MOU: Public Safety 3% n, 50 Plan • 1959 Survivors Benefit — Third Level • Employee's 9% paid as noted below • Credit for Unused Sick Leave a Military Service Credit as Public Service 0 Single Highest Year 0 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 16.2 For employees hired after the execution date of this MOU, the following retirement plan will apply: Public Safety 3% @ 55 plan 0 1959 SurvivorBenefit — 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: Sick Leave Hours - 1800x 162/ %(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% (Yoof 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 #2 - "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 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 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 leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The only option available to these employees is OPTION 44 "PERS CREDIT". 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 one-half(I/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 Leave 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 Conversion program. 17.8 A retiree or surviving dependent may purchase dental and vision insurance at the City group rate through the Sick Leave Conversion options. ARTICLE XVIII - RESERVED ii CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 ARTICLE XIX - MEDICAL INSURANCE 19.1 All employees are offered medical insurance for themselves and dependents through Ca1PERS medical plans. City shall pay 100% of the premium for employee's family category (Family, Employee + 1, Single) for the lowest cost PERS HMO available in Lodi's geographical area (excluding Porac) effective January 1, 2012. The City will waive the current employee medical contribution effective the first pay period that begins two weeks after this agreement is approved by Council. If an employee elects not to be covered by medical insurance through the City of Lodi, an additional: $692.81 per month for Family $532.92 per month for Employee + 1 $305.22 per month for Single will be added to either the employee's deferred compensation account or cash. In order to qualify for this provision, proof of group insurance must be provided to the City. 19.2 Effective January 1, 2013, City will pay a maximum of the following for each family category: $1,587.14 for Family $1,220.88 for Employee + 1 $610.44 for Single. If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. 19.3 LPMO shall allow a maximum of seven (7) City employees to become associate members of LPMO solely to allow access to health plans not otherwise available to non public safety members. Associate memberships shall be allotted on a first-come, first-served basis. 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 calendar year. There is a $25 deductibleplus co-insurance features. ARTICLE XXI - VISIONINSURANCE 21.1 Employees are provided with family vision care insurance through VisionService Plan. Services and amount of coverage are outlined in the VSP Summary of Benefits. 12 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 ARTICLE XXII - LIFEINSURANCE 22.1 Employees are provided with term life and accidental death/dismemberment 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 business outside the City limits. Spouses are only covered while accompanying the City employee on City business, or while conducting business 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 LPMO 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 24.1 Tuition reimbursement will be provided as stated in the City's current Tuition 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: 3.08 hours per pay period 6th year 4.62 hours per pay period 12th year 5.23 hours per pay period 13 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 15thyear 6.16 hours per pay period 21st year 6.47 hours per pay period 22nd year 6.78 hours per pay period 23rd year 7.09 hours per pay period 24th year 7.40 hours per pay period 25th year 7.71 hours per pay period 25.2 Employees hired after July 1, 1994 shall receive the following vacation benefits: Beginning with: Date of Hire: 3.08 hours per pay period 6th year 4.62 hours per pay period 12thyear 5.23 hours per pay period 15thyear/above 6.16 hours per pay period 25.3 Employees promoting into a Mid -Management position will follow the vacation schedule referenced in articles 25. 1, or 25.2, depending on their initial employment with the City of Lodi 25.4 Vacation leave shall be used in increments of not less than quarter hours. Employees may accumulate a maximum of twice the employee's annual vacation accrual. If and when the accrual cap is reached, no additional vacation hours will be accumulated until the employee's vacation usage brings the accumulated number of hours under the cap. ARTICLE XXVI - ADMINISTRATIVE LEAVE 26.1 Employees will be given 80 hours of administrative leave per calendar year, credited in January for purposes of use. Leave shall be taken in increments of not less than quarter hours. Balances must be used prior to December 30 or they will be lost. 26.2 New employees or employees becoming eligible due to a promotion receive administrative leave on a prorated basis, with six point six seven (6.67) hours granted for each full calendar month remaining in the calendar year 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 Leave 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 AU employees shall receive 135 hours of floating holidays. 14 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 27.2 27.3 27.4 All employees assigned to a 40 hour work week shall observe fixed holidays as shown: New Year's Day Martin Luther King Jr. Day Presidents Day Memorial Day Independence Day Labor Day ThanksgivingDay Day after Thanksgiving Last Half of Christmas Eve Day Christmas Day January 1 P Monday in January P Monday in February Last Monday in May July 4 t 1St Monday in September 4t" Thursday in November Friday following Thanksgiving Day - December 24th December 25th Holiday hours shall be taken in increments of not less than quarter hours. If holiday time is not used by the end of the calendar year, any remaining hours will be cashed out to the employee in the first pay period in January. 27.5 If hired or separated mid -year, employee shall be credited or debited with fixed holidays remaining plus floating holidays per the following schedule: Four Floating Holidays: Month Hired or Separated Jan Feb March April May June July Aug Sept Oct Nov Dec Hours added Hours Subtracted 40 30 30 20 20 10 10 0 ARTICLE XXVIII - SICKLEAVE 28.1 Sick Leave is earned at the rate of 5.54 hours per pay period with no limit on the amount that can be accrued. Sick leave shall be taken in increments of not less than quarter hours. ARTICLE XXIX — FAMILY AND MEDICAL LEAVE 29.1 The City of Lodi 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 California Government Code Sections 12945 et seq. and reflected in the City's Policy and Procedures Manual. 15 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2012-2013 ARTICLE XXX -CATASTROPHIC LEAVE 30.1 Catastrophic leave is available to employees is accordance with the City's current Catastrophic Leave policy.. ARTICLE XXXI -BEREAVEMENT LEAVE 31.1 Bereavement leave is available to employees in accordance with the City's current Bereavement Leave policy. ARTICLE XXXII — LEAVE OF ABSENCE 32.1 Leave of Absences are available to employees in accordance with the City's current Leave of Absence policy. 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 of probation. ARTICLE XXXIV - PERSONAL LIABILITY 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, except that: 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: 16 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 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. ARTICLE XXXV- GRIEVANCE PROCEDURE 35.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: 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. 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. 35.4 STEP TWO 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. 17 CITY OF LODI AND POLICE MIL) -MANAGEMENT ORGANIZATION- MOU 2012-2013 ARTICLE XXXVI - DISCIPLINARY PROCEDURE 36.1 Basis: The City may discipline any employee in City service. Discipline may include discharge, demotion, suspension, reduction in pay, or oral or written reprimand. Only regular employees shall have the right to hearing and appeal as described in this section. 36.2 FLSA Exempt Employees: With respect to employees in classification deemed exempt from the overtime requirements of the Fair Labor Standards Act ("FLSA") disciplinary suspensions pursuant to this policy shall be administered in accordance with the salary basis test under the FLS A's governing regulations. 36.3 Cause: Causes for discipline of any regular employee shall follow the listing of causes noted in the City's Rules for Personnel Administration, as well as the following causes: A. 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. B. Unauthorized possession or use of controlled substances or alcohol on City property and/or at the worksite. 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. 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 be filed with the Human Resources Director. The written Notice of Intended Disciplinary Action shall contain the following information: 1. 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. 18 CITY OF LODI AND POLICE MID-MANAGEMENTORGANIZATION- MOU 2012-2013 An employee who responds orally or in writing to the department head 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 specificreason(s) or cause(s) for the actions; 36.6 Final Notice of Disciplinary Action: Following review of the department head's recommendation and the determination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of the action to be taken, its effective date, and the employee's appeal rights. 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 Disciplinary Action with the Human Resources Director. The Final Notice of Disciplinary Action shall be delivered personally 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. 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 of evidence shall not apply. 19 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2012-2013 2. The parties will have the right to present and cross-examine witnesses, 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 substitute his/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 of the City Manager shall be final and binding. 36.10 Judicial review of any decision rendered under this section shall be governed by Code of Civil Procedure section 1094.5. 36.11 Notwithstanding anything 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 20 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 Direct its employees O Maintain the efficiency of governmental operations O Determine the methods, means, and personnel by which government operations are conducted O Take all necessary actions to carry out its mission in emergencies O 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. .Arficte 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 contemplated by 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 agreement. The City will meet and confer before changing a policy or rule that is subject to meet and confer under the Meyers-Milias-Brown Act (MMBA). 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. 21 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2012-2013 ARTICLE XXXIX - EMPLOYEE RIGHTS 39.1 The City agrees that all disciplinary actions shall be taken in a timely manner, recognizing that imposing discipline, grieving such discipline, investigations, and criminal proceedings may preclude timely action. This process also includes investigations of the complaint, recommending discipline to the office of the Police Chief, and the imposition 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: 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. 39.4 The City agrees to provide each represented employee with copies of special orders, general orders, training bulletins, departmental rules and regulations, and a copy of this MOU. 39.5 The City agrees not to interfere or in any way discriminate against an employee for exercising his/her right to belong to an employee organization or to exercise his/her rights under this MOU. The LPMO similarly agrees that it will not interfere with or discriminate against employees for exercising rights to belong or refrain from belonging to, supporting, or participating in the activities of an employee organization. 39.6 Both the City and the LPMO agree that no employee shall be subjected to any discrimination by the City or fellow employees in any matter relating to hiring, promotion, assignment, wages, or conditions or employment because of age, sex, creed, color, or national origin. Alleged discriminatory acts are subject to the City's Policy and Procedure regarding Discrimination, not the grievance procedure. 22 CITY OF LODI AND POLICE MID-MANAGEMENTORGANIZATION- MOU 2012-2013 ARTICLE XXXX — REST PERIOD 40.1 The intent of the rest period is to ensure that the employee is adequately rested for his/her assigned work shift. a. Employees will receive a continuous eight - hour rest period immediately preceding 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 his/her 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 scheduled shift off, the employee's leave balances will be charged for the entire shift (as if no rest period has occurred). C. The rest period does not apply when an employee is scheduled for court or appearance/assignment the day immediately following a day off. ARTICLE XXXXI - 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. ARTICLE XXXXII - SEVERABILITY 42.1 In the event that any provision of this MOU is found by a court of competentjurisdiction 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 and authorized by the Chief of Police. 23 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION- MOU 2012-2013 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 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION— MOU 2012-2013 SCHEDULE A Police Mid -Management Positions Salary effective 1/1/12 Accu aton Title Ste A Ste B Ste C Police Captain 9150.42 9607.93 10088.33 10592.74 11122.38 Police Lieutenant 7625.35 8006.61 8406.94 8827.29 9268.65 Police Sergeant 6354.46 6672.17 7005.78 7356.07 7723.88 25 CITY OF LODI AND POLICE MID-MANAGEMENTORGANIZATION- MOU 2012-2013 LODI POLICE MID -MANAGEMENT CITY OF LODI, a municipal corporation ORGANIZATION Steve Carillo, Negotiator Dated: SierraBrucia, Negotiator Dated: Bill Alexander, Negotiator Dated: Steve Nelson, Negotiator Dated: APPROVED AS TO FORM: D. Stephen Schwabauer City Attorney 26 Konradt Bartlam, City Manager Dated: Jordan Ayers, Deputy City Manager Dated: