HomeMy WebLinkAboutAgenda Report - July 17, 2012 B-01 SMAGENDA ITEM 801
4% CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Approving Lodi Police Dispatchers Association Memorandum
of Understand ingfor the Period May 1, 2012 through December 31, 2013
MEETING DATE: July 17,2012
PREPARED BY: Deputy City Manager
RECOMMENDED ACTION: Adopt resolution approving Lodi Police Dispatchers Association
Memorandum of Understand ingfor the period May 1, 2012
through December 31, 2013.
BACKGROUND INFORMATION: The Memorandum of Understanding between the City of Lodi and
the Lodi Police Dispatchers Association (LPDA) expired on April
30, 2011. The principle components of the Memorandum of
Understanding (as included in the attached tentative agreement, ExhibitA) are as follows:
• The terms and conditions of this Memorandum of Understanding shall be from May 1, 2012
through December31, 2013.
• Employee share of retirementwill be paid as follows: 3.0 percentfor July 1, 2012 through June
30, 2013; 6.0 percent for July 1, 2013 through December 31, 2013 and 7 percent thereafter.
• The LPDA and the City agree to cap employees City paid medical insurance at the following
rates effective January 1, 2013: single - $610.44, employee plus one - $1220.88, employee plus
family - $1587.14.
• The City will eliminate the employee co -pay for medical insurance (currently $80 and $104 for
employee + 1 and family coverage, respectively).
• The LPDA and the City agree to reopen the MOU to negotiate a Cafeteria Plan.
• Incentivesshall be revised as noted: increase BA/Advanced POST and AA/Intermediate POST
by $75 each.
• The City agrees to increase the Uniform Allowance to $950 per year.
• LPDA agrees to a second tier retirement system based upon a 2% @ 60 formula.
FISCAL IMPACT: It is estimated that the provisions of this Memorandum of Understanding will save
the City $98,000 over the term of the agreement.
FUNDING AVAILABLE: Necessary funding will be included in each fiscal year budget.
Attachment
Jordan Ayers, Deputy City Mofiiager/Internal Services Director
APPROVED:�-�
Konradt Bartlam, City Manager
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
AND
LODI POLICE DISPATCHERS ASSOCIATION
May 1, 2012 —_December 31, 2013 Deleted: NOVEMBER 6, 2007
Deleted: April 30, 2011
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
Deleted: 07
Deleted: 1
TABLE OF CONTENTS
Pie �#
CHAPTER 1— COMPENSATION & WORKING CONDITIONS
Article I
Salary
3
Article II
Hours and Overtime
3
Article III
Bilingual Dispatchers
6
Article IV
jncentive Pay
6
Deleted: FET
Article V
Uniform Allowance
7
Article VI
Court Appearances
7
Article VII
Additional Compensation/Loyalty Program
8
Article VIII
Safety
8
CHAPTER 2 — LEAVES
Article IX
Catastrophic Bank
9
Article X
Holidays
9
Article XI
Leaves of Absence
10
Deleted: 1
Article XII
Sick Leave
10
Article XIII
Vacation Leave
10
Deleted: 1
Article XIV
eserved
113
Deleted: Reporting Requirements
Deleted: 2
CHAPTER 3 — INSURANCE
BENEFITS AND RETIREMENT
Deleted: 3
Article XV
Dental & Vision Insurance
fl,
Deleted: 3
Article XVI
Medical Insurance
1
Article XVII
Long Term Disability
122
Deleted: 4
Article XVIII
Life Insurance Coverage
133
Deleted: 4
Article XIX
Deferred Compensation
13,-
3iArticle
ArticleXX
PERS
133
Article XXI
Sick Leave Conversion
14�--
Deleted: 5
Article XXII
Tuition Reimbursement
155
Deleted: 5
Article XXIII
Workers Compensation
15�
Deleted: 6
Deleted: 6
CHAPTER 4 — ASSOCIATION / CITY ISSUES
Deleted: 8
Article XXIV
City Rights1(�
Deleted: 9
Article XXV
Changes in the MOU
17,
Article XXVI
Employee Representation
17,
Deleted: 9
Article XXVII
Employee Rights
19,
Deleted: 20
Article XXVIII
Grievance Procedure
2_1,_
Deleted: 3
Article XXIX
Mutual Consent Contingency
23i
Article XXX
No Strikes
233
Deleted: 5
Article XXXI
eserved
2
Deleted: 5
Article XXXII
Probation
2
Deleted: Policy and Procedure Manual
Article XXXIII
Promotion
24�
�
Article XXXIV
Seniority
24�
Deleted: 5
Article XXXV
Status
255,
Deleted: 5
Article XXXVI
Term
2
Deleted: 6
Deleted: 6
,Exhibit A —�Schedule
Deleted:7
Deleted:7
JDeleted: Attachment
Deleted: Medical Appointments Policy
2
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
CITY OF LODI
AND
LODI POLICE DISPATCHERS ASSOCIATION
20�12- 2013
CHAPTER 1- COMPENSATION & WORKING CONDITIONS
ARTICLE I - SALARY
1.1 The Salary Schedule for members of the LPDA will be as set forth in Exhibit A.
1.2 Although the City is not required to perform a survey during the term of this MOU, the
parties agree that if a survey is performed, the fifteen cities to be surveyed shall be:
Chico, Clovis, Davis, Fairfield, Merced, Manteca, Modesto, Redding. Roseville, /
Stockton, Tracy,, Turlock, Vacaville, Visalia and Woodland_
t
�n the event a salary survey is conducted during the—term—of this MOUt the lead dis-aatcher
position will be used as the benchmark for the survey, provided that any city that does not have
lead position shall use the dispatcher position and any training incentives received as part of the
base. The survey shall be based upon total compensation including salary and limited to 1\ \
employee contribution to the Public Employees Retirement System paid on behalf of employee
by employer, employer's health insurance premium, deferred compensation, and any 1\
comparable incentives.
• 1
ARTICLE II - HOURS AND OVERTIME
2.1 Work schedules presently in effect shall remain in effect; however, the City reserves the
right to change the hours of work after consultation with the employees involved.
Temporary changes in this schedule must have at least 24 hours notice.
2.2 The City agrees to implement a twelve hour work schedule for Dispatcher/Jailer
positions assigned to the Communication Center, with a one hour paid lunch and two (2)
fifteen minute breaks. Alternative work schedules for Dispatcher/Jailer positions
assigned outside of the Communications Center may be developed by mutual agreement
between an employee (s) and the appropriate supervisor.
2.3 It is agreed that the work schedule for members assigned to the property unit shall work
a 10-4 schedule. The personnel participating will have consecutive days off scheduled
depending on the needs of the assignment.
a) It is mutually agreed that employees participating in this schedule will officially
begin their work week at noon Friday to avoid FLSA conflicts and/or overtime.
b) It is mutually agreed that in the event of unexpected staff shortages, this alternative
work schedule can be terminated with 72 hours notice.
3
Deleted: 07
Deleted: 1
Deleted: 07
Deleted: 1
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Formatted: Font: 12 pt
Deleted: Employees shall receive no
increases for the period November 6,
2007 through November 5, 2008.1
Deleted: 1.2 Effective the first pay
period in which November 6, 2008 falls,
employees will receive a salary
adjustment to the median on a salary
survey of the nine cities used by the Lodi
Police Officers Association based on
salaries as of October 6, 2008.1
Formatted: Indent: Left: 0", First
line: 0"
Deleted: The City shall conduct a
salary survey using the nine survey cities.
Deleted: T
Deleted: The survey will be based
upon salaries in effect as of October 6,
2008.¶
Deleted: <#>Effective the first pay
period in which April 1, 2009 falls,
employees will receive a cost of living
adjustment based upon the January 15,
2009 Consumer Price Index (CPI -W) of
San Francisco -Oakland -San Jose with a
minimum of 3% and a maximum of 5%.¶
Effective the first pay period in which
July 1, 2010 falls, salaries will be
adjusted to the median of the survey
(survey to be conducted in accordance
with Article 1.3 based upon salaries in
effect as of April 30, 2010), if General
Fund revenues increase by at least 1%.
General Fund revenues will be compared
using audited revenues for June 30, 2008
and June 30, 2009. If General Fund
revenues do not increase by at least 1%,
then the LPDA and the City of Lodi will
reopen negotiations with regard to salary.¶
Deleted: as stated above
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201 Deleted: 07
Deleted: 1
2.4 Overtime - Overtime work is work performed by an employee outside his/her regular
hours and includes time worked:
a) In excess of forty (40) hours in a work week for members working a 10-4 schedule
and eighty (80) hours per pay period for Dispatchers. This provision may be
nullified if a shift trade is involved.
b) In excess of eight (8) hours in any work day for those on an eight (8)_hour shift, in
excess of nine (9) hours in any work day for those on a nine (9) hour shift, in excess
of ten (10) hours in any work day for those on a ten (10) hour shift, and in excess of
twelve (12) hours per day for those on a twelve (12) hour shift
c) Time worked outside of regular hours of work on a work day unless notification has
been made in accordance with this MOU.
d) Time worked on a non -work day unless involved in a shift trade.
2.5 Employees who are required to report for prearranged work on their non -work days shall
be compensated at the overtime rate for actual hours worked, but in no event shall they
be paid for less than three (3) hours.
2.6 Compensation paid to employees called out in emergency situations, outside their
regular work hours, shall be a minimum of three hours pay at the overtime rate.
2.7 When, at the request of the supervisor in charge, an employee reports for prearranged
overtime on work days outside of his regular work hours, he or she shall be paid
overtime compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into his regular work hours, he
shall be paid overtime compensation only for actual work time up to his regular work
hours.
2.8 Rest Period - The intent of the rest period is to ensure that members of this unit
adequately rested for their assigned work shift. In the event a Supervisor or Watch
Commander deems it necessary for an employee to work through his/her rest period, the
employee will continue being paid at the overtime rate.
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 employee is dismissed and his/her regular work shift
begins.
This rest period will not be charged to the employee.
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 2012,-201 Deleted: 07
Deleted: 1
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.
2.9 Compensatory Time - 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 worked.
a) No more than 144 hours of compensatory time may be carried on the books at any
time. Side Letters to the immediately preceeding MOU increased LPDA, members Formatted: Font: 12 pt
CTO leave maximum to 480 hours. Bargaining Unit Members with banks Formatted: Font: 12 pt
exceeding 144_ hours shall retain those excess hours but shall not be eligible to Formatted: Font: 12 pt
accrue additional CTO hours until their CTO banks fall below the 144 hour Formatted: Font: 12 pt
maximum provided for in this MOU.
b) An employee's decision to elect compensatory time instead of overtime is
irrevocable (Not withstanding #d).
c) Employees may cash out their compensatory time twice a year during the months of
April and October.
d) Upon separation, the employee will be paid at the employee's current hourly rate of
pay or the average of the last three years, whichever is higher, for the remaining
compensatory balance.
e) Employees may submit a request to the Chief of Police to increase the hours of
compensatory time that may be carried on the books in excess of J44 hours at ani Deleted: se
given time. The request may only be made to address extenuating circumstances
and will be evaluated on a case by case basis. The decision to grant to deny said
requests is at the sole discretion of the Chief of Police.
2.10 Communications Center Staffing - When staffing shortages occur in the
Communications Center due to unforeseen or exigent circumstances, Dispatcher/Jailers
shall be called back to work under the following guidelines. Staffing shortages shall be
determined by the number of fully trained personnel actually on duty in conjunction
with the amount and type of work actually needed or logically anticipated on any given
watch.
a) Personnel shall be called for duty by or at the direction of the Watch Commander
responsible for the hours of duty to be worked. The three (3) hour minimum call
back time, as per this MOU, shall apply.
1) Personnel by Watch
The first option to work overtime shall be given to other Dispatchers/Jailers
assigned to the watch suffering the shortage who are on scheduled days off.
2) Seniority
The second option to work overtime shall be given to Dispatcher/Jailers
assigned in the Communication Center on scheduled days off by seniority.
5
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
b) Any Dispatcher working an overtime shift must be able to perform all duties of
dispatch and jail procedures, with the exception of a dispatcher on light duty. The
purpose of this is to eliminate personnel in a training status or an unqualified person
from working overtime shifts.
c) A current seniority list shall be maintained in the Communication Center with an
updated work schedule maintained by the Services Division Supervisor and Patrol
Watch Commander(s). Dispatch will be responsible for call in/call backs at the
Watch Commanders direction. Failure by dispatch to follow this procedure will not
subject the city to unwarranted overtime.
d) Vacations and Holidays - Vacation time shall not be canceled due to short-term
staffing shortages unless conditions exist which require a total departmental call -out.
Holidays shall be cancelled in part or fully only as a last resort, but should it become
necessary to cancel a scheduled holiday the employee will be given at least twenty-
four (24) hours notice of the cancellation. If such notice is not given, the employee
will be paid at a rate of time and one half for the actual hours worked.
An Employee who is on a first pick schedule vacation will not be compelled to come
to work on the vacation days or adjacent regular days off unless exigent
circumstances exist. Staffing shortages will not be considered exigent circumstances
for the purposes of this subsection only. Exigent circumstances would include, but
not be limited to, natural disasters, riots, total department call -outs, etc.
e) Duties - Personnel called back for work shall perform all the regular duties required
in a regular work day and shall appear in uniform.
ARTICLE III — BILINGUAL DISPATCHERS
3.1 Unit members who have demonstrated a proficiency in the Spanish language shall
receive $200.00 per month. The City shall be the sole judge as to whether a member has
the necessary proficiency. Effective the pay period in which December 31, 2013 falls,
this incentive shall be reduced to $150 per month.
ARTICLE IV — INCENTIVE PAY
4.1 A $50 per month ($23.08 per pay period) incentive pay allowance shall be paid to
members who are trained in a Post Certified Field Evidence Technician course and are
on the call out roster for Field Evidence Technicians. Effective April 1, 2009, FET
incentive pay shal be x$150 per mo, nt The Latent Print Examiner classification will
receive the same incentive as FET.
Effective the first pay period following ratification and adoption, the dispatcher jailer incentive
of 2% shall be eliminated and in return 2% shall be added to the base pay of all employees
classified. The salary schedule in Exhibit A reflects the inclusion of this 2% incentive.,
Deleted: 07
Deleted: 1
Deleted: the pay period in which
November 6, 2008 falls
Deleted: will
Deleted: increased to $125 per month
and
Deleted: effective April 1, 2009
Deleted: in which November 6, 2008
falls, employees who are classified as
dispatcher jailers will receive a special
incentive of 2%. The special incentive of
2% will remain effective for the duration
of the time that the employee is classified
as jailer -dispatcher.¶
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
Deleted: 07
Deleted: 1
4.2 Effective the first pay period following ratification and adoption employees who have --,,Deleted: in which November 6, 2008
either an AA degree o�, Intermediate POST certificate will receive $150 per mont� falls
Employees who have received a BA degree or Advanced POST certificate shall receive Formatted: Bullets and Numbering
25 per montk These amounts are not cumulative. Deleted: f
�\ Deleted:: on July 1, 2010, this will be
increased to $75 per month
ARTICLE V — UNIFORM ALLOWANCE Deleted: 10
Deleted: 0
5.1 The uniform allowance shall be $2% annual paid bi-weekly in conjunction with Deleted: and will be increased to $150
regular pay checks per month effective July 1, 2010.
Deleted: 825
5.2 In the event of pregnancy, maternity uniforms shall be required. Jailers shall wear a Deleted: quarterly
navy blue maternity top with a navy blue or black maternity skirt or slacks; Community Deleted: in the months of March, June,
Services Officers shall wear similar garments of a blue color. September and December and shall be for
the previous three (3) months
5.3 The City agrees to repair or replace both personal and City owned uniforms, equipment
and property, except for jewelry, damaged or destroyed on duty unless gross negligence
can be shown on the part of the employee. Repair or replacement costs shall not exceed
reasonable cost. Receipts will be required prior to reimbursement,
Deleted: ¶
Deleted: 5.4 If a member of the
ARTICLE VI - COURT APPEARANCES
bargaining unit is absent from duty for a
full quarter as defined in section 5. 1, that
member shall not be paid his/her uniform
6.1 An employee serving on jury duty is entitled to keep any monies paid them for jury
allowance for that quarter. q
duty.
I
6.2 If an employee has jury duty he/she shall not be scheduled to work eight (8) hours
preceding or following jury duty at no cost to the employee.
6.3 If an employee covered by this agreement is required by subpoena to appear in court or
to give a deposition as a result of an action taken within the scope of employment with
the City, that employee will receive his full pay while so doing with no loss of time if
he/she is on regular duty. If the employee is not on duty the City agrees to compensate
that employee at one and one half time his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Police Chief or his designee must be notified in writing of the off duty
appearance within seventy-two hours after the employee is subpoenaed or otherwise
notified of the required court appearance.
ARTICLE VII — ADDITIONAL COMPENSATION/LOYALTY PROGRAM
7.1 After completing ten years of service with the LEDk, employees shall receive an annual Deleted: Lodi Police Department
loyalty compensation 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 LEPA.Eniployees who have completed twenty years of service with the Deleted: Lodi Police Department
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
J.PDA will receive an annual loyal compensation amount of $3,000 on 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 J,PDA) shall receive the -loyalty -
compensation associated with their years of service with the J,PDA.
The incentive in this article is limited to employees hired prior to July 17, 2012.
ARTICLE VIII - SAFETY
8.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to ensure this. The City and the
LPDA mutually agree that during the ensuing year at least two joint meetings will be held
in order to develop a mutually satisfactory safety program.
Deleted: 07
Deleted: 1
Deleted: Lodi Police Deparhnent
Deleted: City of Lodi Police
Department
Deleted: Lodi Police Department
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2011-4-201,1_Deleted: 07
Deleted: 1
CHAPTER 2 - LEAVES
ARTICLE IX - CATASTROPHE1EAVE Deleted: sANx
9.1 ,Catastrophic leave is available to employees in accordance with the City's current
Catastrophic Leave Policy.
ARTICLE X - HOLIDAYS
10.1 Employees shall receive 11 holiday days. Hours earned per pay period are dependent
upon their work schedule. Schedules and hours received annually are as follows:
a) 12 hour schedule 132 hours
b) 10 hour schedule 110 hours
c) 8 hour schedule 88 hours
Holiday leave to be taken off at a time mutually agreed upon between the employee and
the department head. Holiday time may be taken in one-hour increments during the
calendar year.
10.2 Unused holiday leave may not be carried forward into the following calendar year but
shall be paid off by the City at the employee's current straight time rate.
a) Notwithstanding the above, holiday hours accrued in calendar 2011 may
be carried forward to 2012. Such hours cannot be cashed and must be used by June 30,
2012.
b) Notwithstanding the above, holiday hours accrued in calendar 2012 may
be carried forward to 2013. Such hours cannot be cashed and must be used by June 30,
2013.
10.3 Employees hired after the first pay period of the year shall be credited with hours for
each pay period remaining in the calendar year dependent upon the work schedule
assigned. Schedule and hours received per pay period are as follows:
a) 12 hour schedule
b) 10 hour schedule
c) 8 hour schedule
5.07 hours per pay period
4.23 hours per pay period
3.38 hours per pay period
Employees separating after the first pay period of the year shall have their holiday
balances reduced by a number of hours dependent upon work schedule assigned.
Schedule and hours deducted per remaining pay period in the year are as follows:
a) 12 hour schedule
b) 10 hour schedule
5.07 hours per pay period
4.23 hours per pay period
Deleted: A catastrophe bank will be
made available for all represented
employees who by reason of illness or
non -industrial injury exhaust all
employee benefits. This bank is funded
by voluntary transfers of the dollar value
of accumulated compensatory time,
vacation and/or other time accumulated to
another employee. All such transfers
shall require approval of the City
Manager or his designee.¶
9.2 Catastrophe is defined as being in a
medically certified condition in which the
employee is incapacitated and unable to
work due to a prolonged illness or
non -industrial injury which is estimated
to last for at least thirty (30) calendar
days.
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
c) 8 hour schedule 3.38 hours per pay period
If the employee does not have sufficient holiday hours remaining the difference in hours
shall be reduced from other balances for which the employee would be paid.
ARTICLE XI - LEAVES OF ABSENCE
11.1 leave of Absence is available to employees in accordance with the City's current Leave
of Absence policy.
ARTICLE XII - SICK LEAVE
12.1 All employees shall accumulate sick leave based on shift worked. Schedule is as
follows:
12 hour workday
5.54 hours per pay period
10 hour workday
4.62 hours per pay period
8 hour workday
3.70 hours per pay period
12.2 Sick leave may be accumulated up to an unlimited amount.
12.3 Family sick leave may be used to allow for the care of parents and children.
ARTICLE XIII - VACATION LEAVE
13.1 0 - 1 year - none. However, at the completion of twelve (12) continuous months of
service, eighty (80) hours of vacation will be credited to the employee's account.
a) 1 through 5 years: 3.08 hours per pay period
b) 6 through 11 years: 4.62 hours per pay period
c) 12 through 14 years: 5.24 hours per pay period
d) 15 years and more: 6.16 hours per pay period
13.2 First choice vacation leave will be picked by seniority. Second choice vacation leave
will be selected upon completion of first choice vacation leave. All vacation picks will
be based upon seniority. However, if seniority is waived by an employee, the employee
must wait until seniority list is exhausted prior to picking another vacation.
13.3 The maximum amount of unused vacation hours that an employee may accrue, at any
given 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
10
Deleted: 07
Deleted: 1
Deleted: The City and the LPDA
mutually agree that inability to return to
work after an employee's sick leave has
been exhausted shall be considered an
urgent and substantial reason for the
granting of a leave of absence in
accordance with the Administrative
Policy Manual.¶
11.2 - The City interprets this Section as
providing that the conditions under which
an employee shall be restored to
employment on the termination of leave
of absence shall be stated as clearly as
possible at the time by the City in
conjunction with the granting of the leave
of absence. The City reaffirms its policy
that an employee's status as a permanent
employee is not impaired by such leave of
absence.¶
T
11.3 City employees who are working
are entitled to use sick leave, vacation
leave, administrative leave, or long-term
disability leave for disabilities caused or
contributed to by pregnancy, miscarriage,
childbirth, and recovery therefrom on the
same terms and conditions governing
leaves of absence for other illnesses or
medical disabilities. Such leave shall not
be used for child care, child rearing, or
preparation for childbearing, but shall be
limited to those disabilities as set forth
above. The length of such disability
leave, including the date on which the
leave shall commence and the date on
which the duties are to be resumed, shall
be determined by the employee and the
employee's physician; however, the City
may require a verification of the extent of
disability through a physical examination
of the employee by a physician appointed
by the City at City expense.¶
a) - Employees are entitled to leave
without pay or other leave benefits for up
to four months because of pregnancy,
miscarriage, childbirth, adoption, or
recovery therefrom. However, the City
may require a verification of the extent of
disability through a physical examination
of the employee by a physician appointed
by the City.¶
b) An employee on leave for
pregnancy disability under this policy
shall be entitled to return to the same
position, or to a position comparable to
that held at the time the leave
commenced. A physician's release must
be provided prior to an employee's return
to work.¶
c) An employee seeking
pregnancy/disability leave shall be
required to provide a reasonable notice in
writing (not less than four weeks) to the
City of the anticipated date upon which
leave shall commence, although tl
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
resume once the employee uses some vacation and the accrual balance falls below the
maximum accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the maximum
may be authorized by the City Manager. For all other issues regarding Vacation Leave
refer to the City's Policy of Vacation Leave.
ARTICLE XIV - RESERVED
CHAPTER 3 INSURANCE BENEFITS AND RETIREMENT
ARTICLE XV - DENTAL AND VISION INSURANCE
15.1 The City agrees to pay the full cost for employee dental premium and one-half the
premium for dependent for the present dental plan.
15.2 The City agrees to provide a vision care plan equivalent to the VSP Plan B with a
$25.00 deductible for the employee and dependents. The entire premium shall be paid
by the City.
15.3 The City reserves the right to select any dental or chiropractic carrier to administer the
City's plan.
ARTICLE XVI — MEDICAL INSURANCE
16.1 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, 2013.
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 emDlovee elects not to be covered by medical insurance throueh the Citv of Lodi
an additional:
$692.81 per month for Family
$532.92 per month for Employee + 1
$305.22 per month for Single
m
Deleted: 07
Deleted: 1
Deleted: REPORTING
REQjMEMENTS
Deleted: 14.1 The attached policy
(Attachment B) provides reporting
requirements for employees while on
leave of absence from work.¶
Deleted: ¶
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 20112,-_201,1_Deleted: 07
Deleted: 1
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.
16.2 Effective January 1. 2013. City will Dav a maximum of the followiniz for each family
category /
$1,587.14 for Family
$1,220.88 for Employee
$610.44 for Single.
If employee selects a higher cost plan, employee will pay the difference as a payroll /
deduction.
X16.3 The City and LPDA agree if the Federal or State Government mandate changes in the
present health care delivery systems the City and LPDA shall reopen the MOU to meet
and confer on the issue of health care.
16.4 The City agrees to offer chiropractic plan equivalent to Landmark benefit.
16.5 The City will maintain a flexible spending account to conform to IRS regulations to be
used for premium contributions, dependent care, and/or unreimbursed medical payments
for unit members.
16.6 Only one family member may carry employee and dependent coverage of City
sponsored medical insurance.
X16.7 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, visio�
dental, chiropractic and life insurance. The above listed terms of this agreement will be I
reopened for negotiation upon the Cit presentation of a cafeteria plan.
The City's proposed cafeteria plan will offer substantially the same or better benefits to
those currently received by unit members. I
ARTICLE XVII - LONG TERM DISABILITY
17.1 A long term disability program, which, coordinated with other disability benefits, shall 1 I
provide a benefit of 66 2/3% of an employee's salary in the event of disability. This
program commences sixty days from the date of disability. In the event the illness or 1 I
injury results from work-related duties not covered under Section 23.2, the program 1
shall commence thirty days from the date of disability.
12
Formatted: Bullets and Numbering
Deleted: The City shall provide
medical insurance equivalent to the
Ca1PERS Health Program. If no equal
alternative is readily available, the City
and the LPDA will meet to negotiate
alternatives promptly. To the extent the
provider discontinues or changes the
medical plan coverage, these changes are
not the responsibility of the City (Ex: On
August 1, 2000, Health Net modifies its
prescription drug plan as follows:
Generic Drugs - $10.00; Name Brand
Formulary Drugs $15.00; and non-
formulary drugs 50% coverage). The
City, shall, however, make every effort to
retain the medical plan as agreed to by the
LPDA and the City.¶
Deleted: 16.2
Deleted: The City shall pay 100%
premium for employee only up to the
highest HMO available in our
geographical area. Employees
irregardless of plan selected shall
contribute $80.00 per month for
Employee Plus One and $104.00 per
month for full family coverage. This
contribution shall be capped for the life of
the contract.$
Deleted: 16.7 If an employee has no
dependents or chooses not to cover
dependents with medical insurance the
City will contribute $25.00 per pay period
to the employees deferred compensation
account. If an employee elects not to be
covered by medical insurance the City
will provide an additional $46.15 per pay
period ($100 per month) for a total of
$71.15 per pay period to the employees
deferred compensation account.¶
1
16.8 If both the employee and the
employees spouse work for the City and
are eligible for medical insurance, only
one medical plan will be provided and
Section 16.2 shall apply to the employee
who is not the primary provider.¶
Example:¶
Employee + Employee Share of Cost
is $0¶
Employee + Employee +1 . Share of
Cost is $80.00 per month¶
Employee + Employee + Family Share
of Cost is $104.00 per month.¶ 2
Deleted: 9
Deleted: During the term of this MOU,
the City and the LPDA will meet and
confer over whether to adopt a cafeteria
plan, and if so, then over its terms. It is
the City's intent to examine on a city-
wide basis possible adoption of a
cafeteria plan. Meetings over this 3
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
ARTICLE XVIII - LIFE INSURANCE COVERAGE
18.1 The City agrees to provide each covered member a $25,000 accidental death policy in
addition to any other life insurance policy or statutory payments that may be due to an
employee in the event of death resulting from a line -of -duty injury.
18.2 A life insurance program providing an additional $10,000 term life insurance for the
employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to
$5,000 at age 75. In addition, a spouse shall be covered for $1,500 of life insurance, and
dependent children between the ages of birth months and 24"' birthday, and dependent
disabled children shall be covered for $1,500 insurance.
ARTICLE XIX - DEFERRED COMPENSATION
19.1 The City agrees to allow employees to continue to participate in the City's Deferred
Compensation plan as allowed by IRS Code 457(k).
19.2 The City shall match contributions by an employee to a deferred compensation program
up to a maximum 3.0% of the employee's gross salary.
ARTICLE XX - PERS
20.1 The City agrees to provide the following retirement program and options and to pay the
employer's cost:
a) The 2.00% at 55 formula.
b) Final retirement compensation based one the average monthly pay during the
highest 36 consecutive months of service.
c) 1957 Survivor Benefit.
d) Increased ordinary disability benefits which provide under PERS a 30% benefit
after five years of service increasing to a maximum 50% benefit.
e) The third level of 1959 survivor benefits.
f) 50% survivor continuation in the event of death after retirement.
g) Sick leave conversion.
20.2 By side letter agreement, emDlovees will Dav 4.35% of the emDlovee share of retirement -
costs for the period of May 1, 2012 through July 8, 2012. Effective July 9, 2012, the
3.0% of the employee share of retirement costs will be paid by the employee. Effective
the pay period in which July 1, 2013 falls, the employee shall pay 6.0% of the employee
share of retirement costs. Effective the pay period in which December 31, 2013 falls,
the employee shall pay 7.0% of the employee share of retirement costs.
13
Deleted: 07
Deleted: 1
Formatted: Indent: Left: 0",
Hanging: 0.5", Outline numbered +
Level: 2 + Numbering Style: 1, 2, 3,
... + Start at: 2 + Alignment: Left +
Aligned at: 0" + Tab after: 0.25' +
Indent at: 0.25', Tabs: 0.5", List tab
+ Not at 0.25'
Deleted: The City agrees to pay into
each employee's PERS account 7% of the
employee's base salary.
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 20112,-_201,1_Deleted: 07
Deleted: 1
20.3 For employees hired after the execution date of the amended contract with~ Formatted: Bullets and Numbering
Ca1PERS, the following retirement plan shall apply:
a) The 2.00% at 60 formula.
b) Final retirement compensation based one the average monthly nay during the
highest 36 consecutive months of service.
c) 1957 Survivor Benefit.
d) Increased ordinary disability benefits which provide under PERS a 30% benefit
after five years of service increasing to a maximum 50% benefit.
e) The third level of 1959 survivor benefits.
f) 50% survivor continuation in the event of death after retirement.
M Sick leave conversion.
Employee share of retirement costs shall be paid in accordance with Section 20.2 above.
20.4 If an employee of the City receives an enhanced retirement benefit during this contract, Formatted: Bullets and Numbering
the contract shall be reopened for negotiating the same benefits.
ARTICLE XXI - SICK LEAVE CONVERSION
21.1 For all unused sick leave, a represented employee with ten years of employment with the
City shall receive medical insurance coverage upon retirement (but not upon resignation
or termination) on the following basis:
a) After ten years of employment by the City, 50% of the represented employee's
unused sick leave shall be converted to months of medical insurance at the rate of
one month's premium for employee and dependent coverage for each day of
unused sick leave as adjusted herein.
b) For each year that an employee has been employed by the City in excess of ten
years, the employee shall be entitled to add 2 1/2% to the 50% before converting
the unused sick leave to months of insurance.
21.2 The City shall pay up to the City's liability for medical insurance premiums for retiree
and dependent. Alternatively, the employee may at his or her option choose to have a
cash reimbursement for sick leave at the rate of one-third (1/3) of base pay per hour.
Sick leave hours will be converted on the same basis as in Section 21.1.
21.3 In accordance with the sick leave conversion provisions, a surviving dependent may at
his/her own expense continue medical insurance at the employee only premium for the
same period as if the employee had not died.
14
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201 Deleted: 07
Deleted: 1
21.4 Represented employees who retire on a service retirement shall have the option of
purchasing, at the employee's cost, additional medical insurance sufficient to reach age
65.
21.5 Out of area retirees may receive reimbursement for medical insurance premiums up to
the City's liability as specified in Section 21.2.
21.6 The City agrees to modify its contract with PERS to add credit for unused sick leave per
Government Code Section 20862.8. This benefit is available to all employees regardless
of the date hired; however, it is the only sick leave conversion benefit available to
employees hired after November 8, 2004. It is agreed that eight hours equals one day
for purposes of determining days creditable. If an eligible employee opts to utilize the
provisions of Section 21.1, the City will report they have zero hours of unused sick
leave.
ARTICLE XXII - TUITION REIMBURSEMENT
22.1 ,Tuition reimbursement shall be available to employees as stated in the City's current Deleted: Pursuant to the city
Tuition Reimbursement polio Administrative Policy and Procedure on
Tuition Reimbursement dated July 1,
2003, employees shall be reimbursed for
22.2 The City shall allow LPDA members the option of using the funds referenced in section tuition and books beyond the level of an
Associates of Arts degree not to exceed
22.1 for work-related training seminars, symposiums, etc., that are not reimbursable by $2,500.00 per fiscal year.
the City. Up to $300.00 per fiscal year may be used for tuition reimbursement to obtain
an AA degree. All training and time off for training must be approved in advance by the
department head.
ARTICLE XXIII - WORKERS' COMPENSATION
23.1 The City and LPDA mutually agree that when an employee is compelled to be absent
from work due to injuries or illness arising out of and in the course of his or her
employment, the City will pay full compensation to any represented employee who
becomes eligible for benefits under Workers' Compensation laws for the period of the
time between the injury and the first day of eligibility for benefits. With the
determination that the injury or illness is compensable in accordance with Workers'
Compensation benefit criteria, the employee upon receiving said benefits paid by
Workers' Compensation will also receive compensation from the City in such an amount
that when added to the Workers' Compensation payment will equal his or her regular
salary. The amount paid by the City will, after the period from the date of injury and
date of eligibility, be charged to the employee's sick leave account. The employee's
regular deductions shall be made from the amount paid by the City.
a)J3argaining unit members shall have the presumption afforded by Labor Code SectionFormatted: Font: (Default) Times
3212.5 regarding pneumonia (but not heart trouble) and the presumption afforded by New Roman, 12 pt
Labor Code Section 3212.6 regarding tuberculosis. Moreover, Bargaining unit members
who can establish exposure to bodily fluids shall have the presumption afforded by
15
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
Labor Code Section 3212.8 re,-ag rding blood born infectious diseases and MRSA and
Labor Code Section 3212.9 re ag rding meningitis
23.2 In the event an employee is injured or otherwise becomes disabled:
a) By contact with a prisoner or member of the public in the course of employment or,
b) While performing evidence technician assignments.
The City shall supplement the Workers' Compensation payment to the extent that the
employee shall receive his or her regular salary and benefits for up to one year. In the
event an employee is deemed to be permanent and stationary in accordance with the
workers' compensation system, they will be placed on the Long Term Disability (LTD)
program.
23.3 For purposes of eligibility for LTD, application will be automatically entered on the date
of injury.
23.4 The city supplement will end at the earliest of the following:
a) Permanent and stationary rating of employee.
b) Return to duty or physician's release.
CHAPTER 4 — ASSOCIATION/CITY ISSUES
ARTICLE XXIV - CITY RIGHTS
24.1 It is further understood and agreed 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:
a) decide the scope of service to be performed and the method of service
b) hire and/or otherwise determine the criteria and standards of selection for
employment
c) fire, demote, suspend or otherwise discipline for just cause
d) transfer employees from location to location and from time to time
e) lay off and/or relieve employees from duty due to lack of work or any other
legitimate reason
f) re -hire employees
g) determine the allocation and content of job classification
h) formulate and/or amend job descriptions
16
Deleted: 07
Deleted: 1
Formatted: Font: (Default) Times
New Roman
Deleted: ¶
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 2012,-201 Deleted: 07
Deleted: 1
i) to determine the need for overtime work subject only to contrary provisions of this
MOU
j) merge, consolidate, expand, curtail or discontinue operation temporarily or
permanently in whole or in part, whenever in the sole discretion of the City good
business judgment makes such curtailment or discontinuance advisable
k) contract and/or subcontract any existing or future work
1) control the use of equipment and property by the City
m) determine the number, location and operation of headquarters, annexes, substations
and or division thereof
n) expand, reduce, alter, combine, assign or cease any job
o) schedule and assign the work to the employees and determine the size and
composition of the work force
p) determine the services to be provided to the public, and the maintenance
procedures, materials, facilities, and equipment to be used, and to introduce new or
improved serviced, maintenance procedures, materials, facilities and equipment
q) take whatever action may be necessary to carry out the mission and responsibility
of the City and specifically the Police Department in unusual and/or emergency
situations
r) formulate, amend, revise, and implement standard operating procedures, rules, and
regulations regarding the operation of the Police Department
s) establish, amend, revise and implement any programs, and or procedures including
an employee evaluation system
t) require employees to observe and obey the City's and Departmental policies,
procedures, ordinances, resolutions, rules and regulations.
However, the exercise by the City of the rights in the paragraph does not preclude
employees of their recognized employee organizations from filing grievances regarding
the practical consequences that decisions on such matters may have on wages, hours, or
other terms and conditions of employment.
ARTICLE XXV - CHANGES IN MEMORANDUM
25.1 The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any provision
of this MOU is modified by statute, applicable regulation, or by order of Court in such a
way as to affect either the employees or the City. In such event, all remaining provisions
of the MOU would continue in full force and effect unless and until they were also
modified by statute, applicable regulation or order of Court, or agreement of the parties.
17
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 2012,-201 Deleted: 07
Deleted: 1
ARTICLE XXVI - EMPLOYEE REPRESENTATION
26.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
between representatives of the City of Lodi (hereinafter referred to as "City") and
representatives of the Lodi Police Dispatchers Association (hereinafter referred to as
"LPDA").
a) The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplated by Sections 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 in
this MOU. "If the City intends to change a matter within the scope of
representation under the Meyers-Millias-Brown Act (MMBA) which is not covered
by this MOU, it shall notify the LPDA. If the LPDA wishes to negotiate over such
a matter, it shall notify the City within twenty (20) work days of notice, and the
parties shall commence negotiations within twenty (20) work days of the LPDA's
notification. If the LPDA does not respond within twenty (20) work days of the
City's notification, the City will have no further obligation to negotiate over the
matter.
b) The terms and conditions of this MOU are applicable to all regular and
probationary employees represented by LPDA. Those classifications are as
follows:
• Community Services Officer
• Dispatcher/Jailer
• Lead Dispatcher/Jailer
• Dispatch Supervisor
26.2 Dues - The City shall grant dues deduction to City employees who are members of the
LPDA in accordance with the terms and conditions set forth in Section 4, Rule 2 of City
of Lodi Resolution No. 3344 entitled, "Adopting Rules and Regulations to Implement
Provisions of the Employee -Employer Relations Resolution."
a) Any dues check -off cancellation or modification notice shall first be forwarded to
LPDA for notation and then returned to Payroll prior to any change in members
dues check -off. In addition, any dues check -off cancellation or modification notice
regarding the Police Officers' Association of Lodi (POAL) shall first be forwarded
to POAL for notation and then returned to Payroll prior to any change in a
members dues check -off to POAL.
b) The LPDA shall indemnify, defend, and hold the City of Lodi harmless against any
claims made and against any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition, the LPDA shall refund
to the City of Lodi any amounts paid to it in error upon presentation of supporting
evidence.
c) Effective upon adoption of this Memorandum and for the purposes of the continued
certification of LPDA as the recognized employee organization for this unit,
18
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 2012,-201 Deleted: 07
Deleted: 1
employees in this unit who are or hereafter become members of LPDA shall
maintain membership in good standing with LDPA for the life of this
Memorandum, except that any unit employee may withdraw from membership not
earlier than ninety (90) days nor less than sixty (60) days from the expiration of this
Memorandum. Such withdrawal must be in writing and delivered to LPDA and the
Finance Department within the prescribed time frame.
26.3 The City agrees to furnish LPDA with a written notice of the City's intention to make
changes in departmental rules, policies or procedures that would affect the working
conditions of LPDA members, notwithstanding Article XXIV.
26.4 LPDA will have the right to use City Facilities for Association Business subject to
advance notice and availability.
26.5 The City and LPDA agree and understand that if any section of the MOU in any way
conflicts with the terms and conditions of employment stated in other authorities, such
as the personnel rules, administrative policy and procedure manual, city resolutions, or
city ordinances, any ambiguity will be resolved in favor of the MOU language. If the
MOU is silent on any issue, the applicable document is controlling.
ARTICLE XXVII - EMPLOYEES RIGHTS
27.1 Individual bargaining unit members may donate from their vacation or holiday leave
time up to eight hours per calendar year for Association business. The President may
designate members of the Association to utilize this time. Only one member at a time
may be absent unless mutually agreed that additional members may be absent. Five
days advance notice of use of time shall be given.
27.2 The City will provide affected employees with copies of personnel orders as soon as the
personnel orders are issued. Personnel orders are defined as all written notices of actual
disciplinary actions, notices of intent to take disciplinary actions, transfer notices,
promotion notices and termination notices.
27.3 Any LPDA member who will be interviewed concerning an act which, if proven, could
reasonably result in disciplinary action he/she will be afforded the following safeguards:
a) LPDA member will be informed prior to the interview if the City believes the
LPDA member is a suspect in the investigation.
b) The LPDA member will be informed of the nature of the investigations and
allegations and afforded the opportunity to consult with a LPDA representative
prior to an interview. The LPDA member shall be allowed the right to have an
LPDA representative present during the interview.
c) The City shall make a reasonable good faith effort to conduct these interviews
during the employee's regular working hours except for emergencies or where
interviews can be conducted by telephone. Section 27.3 a and b not withstanding.
19
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201 Deleted: 07
Deleted: 1
d) Interviews shall be done under circumstances devoid of intimidation, abuse, or
coercion. No more than two interrogators may be present at any one time.
e) The employee shall be entitled to such reasonable intermissions as he/she shall
request for personal necessities.
f) If the City tape records the interview, the member also has the right to tape the
interview. If the interview is taped by either party that party must give notice of its
intention.
g) Interviews and investigations shall be concluded with no unreasonable delay.
h) The employee shall be advised of the results of the investigation and any future
action to be taken on the incident.
i) When the investigation results in Departmental charges being filed against the
employee, the employee, upon request, will be furnished with a copy of the reports
of the investigation which contain all known material facts of the matter, to include
any tape recordings, at no cost. The employee will also be furnished with the
names of all witnesses and complainants who will appear against him or her and/or
whose statements will be used against him or her.
27.4 The performance of each LPDA member shall be evaluated annually. Performance
evaluations shall be based on work performance related criteria.
a) When an employee is rated unsatisfactorily in any category, the supervisor shall
state the reason(s) for such rating and shall if practicable suggest means of
improvement.
b) After the evaluation is made, the employee shall be given a copy. Either the
supervisor or employee may request to meet and discuss the evaluation.
27.5 Each employee shall, during normal business hours have the right of access to his/her
own personnel file. At the employee's request he/she shall be provided one copy of any
document placed in the employee's file. LPDA members will be given a list of all
personnel files held by the City and any department personnel used for promotion and
disciplinary actions.
a) An employee shall have the right to inspect and review any official record relating
to his/her performance as an employee which is kept or maintained in the
employee's personnel file. The City shall provide an opportunity for the employee
to respond in writing to any information with which he/she disagrees. Such
response shall become a permanent part of the employee's personnel record. The
employee shall be responsible for providing the written responses to be included as
part of the employee's permanent record.
b) The only persons permitted to have access to the contents of an employee's
personnel folder, excluding background investigation references from previous
employers, are the employee, his/her designated representative having the
employee's signed authorization, and persons authorized by the City.
20
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
c) Employees will receive a copy of all materials placed in his/her file. Materials
placed in the employee's file which are written reprimands more than two (2) years
old will not be considered for purposes of promotion, transfer, special assignments
and disciplinary actions, except as to those disciplinary actions which show
patterns of misconduct as defined in the Department's Rules and Regulations.
d) Anything less than a written reprimand shall be purged from an employee's
personnel file after an evaluation is given. Requests to purge personnel files are the
responsibility of the individual involved.
27.7 All special assignments available to LPDA members shall be posted and shall invite
letters of interest from LPDA members.
27 11 special assignment positions shall be limited to 3 to 5 years and will begin and end—
at shift pick changes. Those assigned will report to the immediate supervisor that is in
charge of the department. The Chief reserves the right to ask for letters of interest during
shift pick changes during this time. If no applications of interest have been submitted for
the position, the employee holding the position may be extended for a period of two more
years after the third year. It is also mutually agreed that assignments to Property Clerk
and/or Court Liaison positions are at the sole discretion of the City of Lodi. No employee
has property rights to such assignments and waives any appeals for assignment,
reassignment, or transfer from this agreement.
ARTICLE XXVIII - GRIEVANCE PROCEDURE
28.1 This grievance procedure shall be used to process and resolve disputes regarding the
interpretation or application of any of the terms and conditions of this MOU, letters of
understanding, formal interpretations and clarifications executed by the LPDA and the
City.
a) The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
b) The term "day" means a working day, i.e. Monday through Friday excluding fixed
City Hall holidays.
c) A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and the LPDA involving the interpretation, application, or
enforcement of the express terms of the Agreement and other terms and conditions
of employment and matters of discipline which includes demotion, suspension, or
discharge.
d) As used in this procedure, the term "party" means an employee, the LPDA, the City
or the authorized representative of any party. The employee is entitled to
representation through all the steps in the grievance procedure.
28.2 INFORMAL GRIEVANCE PROCEDURE
21
Deleted: 07
Deleted: 1
Deleted: 27.8
Formatted: Bullets and Numbering
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 2012,-201 Deleted: 07
Deleted: 1
a) An employee, the LPDA, or their representative having an issue arising from
employment in the municipal service shall seek adjustment of the issue initially
through verbal contact with their immediate supervisor within twenty (20) working
days of the date of the action being grieved, or the date the grieving party became
aware of the incident which is the basis of the issue. Should the immediate
supervisor be unable to make a satisfactory adjustment, or is a party to the issue,
the employee, LPDA or their representative may seek adjustment through either
verbal or written contact to the next higher level of supervision up to and including
the Chief of Police who shall render a decision in writing within ten (10) working
days of hearing the appeal. The time allowed between steps in this process is ten
(10) working days. All verbal contacts shall be documented as to the date, time and
place of the contact.
b) Should the employee, LPDA or their representative, progress through the above
steps and find that the Department Head is unable to make a satisfactory adjustment
within the time frame given, or is a party to the issue, the employee, LPDA or
his/her representative may seek adjustment through the formal grievance procedure.
Any decision by the immediate supervisor hearing the grievance shall be a written
decision rendered within ten (10) working days of hearing the appeal.
Deleted: ¶
x,8.3 FORMAL PROCEDUREDeleted: ¶
An employee who has not received satisfactory adjustment through the use of the
Informal Grievance Procedure may, within ten working days of the last time deadline of
the Informal Procedure, file a Formal Grievance. The steps of the Formal Grievance
Procedure are as follows:
STEP A
Class action grievances are filed, in writing, with the City Manager and can only be
made by the LPDA president or representative upon the authority of the LPDA. The
City Manager shall investigate the grievance and shall respond in writing within ten
working days. If satisfactory adjustment is not attained the employee or his/her
representative may proceed to Step B within ten working days.
STEP B
The employee or his/her representative shall file an appeal of the City Manager's
decision to the City Clerk. Within fifteen days of the receipt of the appeal, the City
Clerk shall begin the process of establishing a list of eligibles for a Personnel Board of
Review. The Personnel Board of Review shall hold a public hearing, unless the grievant
desires a closed hearing, within thirty working days of the filing of the appeal with the
City Clerk . The Personnel Board of Review has no power to add, subtract from or
modify the terms or conditions of this MOU; nor, do they have any power to add a
greater form of disciplinary action than that which was originally grieved. Within
fifteen days after the hearing of the Personnel Board of Review they shall submit a
written statement of findings and directions to the City Manager, the employee, and the
LPDA. The directions of the board shall be binding on all parties to the MOU.
22
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201 Deleted: 07
Deleted: 1
The Personnel Board of Review shall be constituted as follows:
1) Both the LPDA and the City will select a representative to serve on the three-
member board. The only qualifications needed to serve on the board shall be that
they are registered voters of the City, not presently or formerly elected officials or
employees of the City, or are related to a present or former elected official or
employee of the City.
2) The City Clerk shall submit the names of seven persons applying for positions to
the Personnel Board of Review to both parties. The criteria of qualifications are the
same as in Step One. If there are not seven persons from the list each parry may
select from the available names or ask the City Clerk to post for a vacancy(ies). If
there are more than seven names, seven names will be drawn by lot which shall be
witnessed by the parties chosen in Step One.
3) The two persons selected in Step One shall select a third member from the list,
either by agreement, lot, striking names, or any other means the two can agree
upon.
28.4 Any employee shall have the right to appeal letters of reprimand and suspensions of
three (3) days or less through the chain of command up to the Police Chief or his
designee. The decision of the Police Chief is final and binding and not subject to further
appeal.
28.5 FAILURE TO MEET TIME REQUIREMENTS
Failure by either parry to meet any of the aforementioned time limits shall result in the
following action:
Failure by an employee to take the initial grievance action within the twenty working
days given in the Informal Grievance Procedure will result in forfeiture of the grievance.
Failure of management to meet any of the time limits set forth on any step in this
grievance procedure will give the employee the right to automatically proceed to the
next level of appeal. This action must be taken within ten working days of the last date
of the time limit which management failed to meet.
ARTICLE XXIX - MUTUAL CONSENT CONTINGENCY
29.1 This Agreement may be amended any time during its life upon the mutual consent of the
City and LPDA. Such amendment must be in writing and attached to all executed
copies of this Agreement.
ARTICLE XXX - NO STRIKES
30.1 The represented employees agree that they shall not strike, withhold services, engage in
"slow downs" or "sick -ins", or participate in any other concerted activity which
adversely affects job performance or City services during the term of this MOU.
23
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
ARTICLE XXXI - RESERVED
ARTICLE XXXII - PROBATION
32.1 All appointments to positions in the classified service shall be subject to a probationary
period of 18 continuous months of service. The probationary period shall be regarded as
an integral part of the examination process and shall be used to closely observe the
employee's work for securing the most effective adjustment of an employee to his or her
new duties, assignments and responsibilities in the new position and for rejecting any
probationary employee whose performance does not meet required work standards. If
the service of the employee is deemed to be unsatisfactory, the employee shall be
notified that he or she has not satisfactorily completed probation.
32.2 During the probationary period, all new hires shall have all the rights and privileges
afforded to other employees, except:
1) Vacation Leave - See Article XIII for the vacation leave schedule.
2) The use of the Grievance Procedure to grieve termination.
3) The City and the employee may mutually agree to extend the probationary period
for not more than 6 months. The LPDA shall be notified of all extensions.
4) Probation shall be extended for the same time as any leaves of absence.
32.3 In the event an employee is promoted and is rejected by the appropriate department
head, he shall be reinstated to the position from which he or she was promoted unless
charges are filed and he or she is discharged. The seniority and status of a rejected
candidate shall continue as before.
ARTICLE XXXIII - PROMOTION
33.1 The City and the LPDA mutually agree it is good personnel practice to make every
effort to promote from within, consistent with the best interests of the City.
ARTICLE XXXIV - SENIORITY
34.1 Seniority, for purposes of City employee benefits is defined as the total length of
continuous service with the City. Continuity of service shall not be broken and seniority
shall accrue when an employee is:
24
Deleted: 07
Deleted: 1
Deleted: LOLICY AND
PROCEDURE MANUAL
Deleted: 31.1 In regards to the Policy
and Procedure Manual (manual) and the
City of Lodi Administrative Rules (rules)
the LPDA accepts the manual and rules as
adopted in the POA MOU for 1994-1996.
In the future, the LPDA will represent it's
own interests in the regard ¶
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012,-201
a) inducted, enlists, or is called to active duty in the Armed Forces of the United States
or service in the Merchant Marine under any Act of Congress which provides that
the employee is entitled to re-employment rights,
b) on duty with the National Guard,
c) is absent due to industrial injury,
d) on leave of absence, or
e) absent due to layoff for a period of less than twelve consecutive months.
34.2 Seniority for purposes of shift selection, overtime, holiday selection and vacation leave
shall be defined as total time in service as a member of the bargaining unit. Should a
member of the unit leave membership for any reason and return to membership within
twelve months, seniority shall be as if the member never left
34.3 Seniority, as defined above, shall be the method utilized for shift selection and vacation
leave.
34.4 In the event an employee completes training before another employee with the same or
more City seniority for purposes specified in section 34.2, the employee completing
training first would have seniority for purposes of shift selection.
ARTICLE XXXV - STATUS
35.1 Employees shall be designated as regular, probationary, or temporary, depending upon
the purpose for which they are hired and their length of continuous service with the City.
a) A regular employee is defined as an employee who has twelve months or more
seniority with the City in full-time employment, except as provided for in Article
XXXII - Probation.
b) A probationary employee is defined as an employee hired for a full-time position
that has been regularly established as an authorized position and is of indeterminate
duration. A probationary employee shall receive not less than the minimum rate for
the job and shall be eligible for sick leave pay, vacation pay, holiday pay,
retirement plan participation, insurance coverage, and items of a similar nature as
he or she becomes eligible, but shall not be given preferential consideration for
promotion or transfer or be eligible for a leave of absence. Upon completion of
twelve months of continuous full-time service with City, a probationary employee
shall be given the status of a regular employee.
c) A temporary employee is an employee hired on a full-time basis to temporarily fill
a full-time position (at least 32 hours per week). Temporary employees shall attain
regular status after being employed for twelve continuous months.
25
Deleted: 07
Deleted: 1
Deleted: length of continuous service
within the job classification, except the
city reserves the right to schedule and
adjust manpower due to the needs of the
service.
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 20112,-_201,j_Deleted: 07
Deleted: 1
ARTICLE XXXVI - TERM
36.1 All terms and conditions of this MOU shall continue in effect during the term of this
MOU. The City of Lodi and LPDA agree that the term is May 1, 2012 through Deleted: November 6, zoos
December 31, 2013 Deleted: nPr;l so, zoic
36.2 The LPDA and City mutually agree to commence negotiations for a new contract no
later than three (3) months prior to the expiration of this MOU.
26
CITY OF LODI
AND
LODI POLICE DISPATCHERS ASSOCIATION
2012" 2013
Lodi Police Dispatchers Association:
Mark Salvo
Chief Negotiator
Date:
City of Lodi:
Konradt Bartlam
City Manager
Date:
Deleted: 07
Deleted: 1
Deleted: Larry Aulrich
Deleted: Blair King
,Teff Humphrey Jordan Avers _ Deleted: Tom Casey
Dispatcher/Jailer Deputy City Manager
Deleted: Jim Krueger
Date:
Andrea Patterson
Dispatcher/Jailer
Date:
Date:
Steve Schwabauer Deleted: Dean Gualco
�CitV Attorney Deleted: Human Resources Manager
Date:
,Reyes Gonzales, Jr Janice Magdich
Dispatcher/Jailer Deputy City Attomey
Deleted: Jane Randolph
Date: date: Formatted: Font: SO pt
Jaime Worthen Deleted: Terri King
pisnatcher/Jailer—
Deleted: Community Service Officer
Date:
EXHIBIT A•�, Formatted: Font: 12 pt, Bold
Deleted:
Formatted: Right
Salary Effective July 23, 2012 `� Formatted: Font: 12 pt
Formatted: Left
Occupation Title
OCC
Step A
Steo B
Steo C
Steo D
Steo E
Community Service Officer-
109
3585.36
3764.63
3952.87
4150.51
4358.03
P.D.
Dis atch Su ervisor
129
4926.65
5172.99
5431.64
5703.22
5988.38
Dispatcher/Jailer
126
4080.08
4284.08
4498.29
4723.20
4959.36
Lead Dis atcher/Jailer
128
4284.05
4498.25
4723.16
4959.32
5207.28
V_
Deleted: Attachment Al
T
MEDICAL APPOINTMENTS
POLICY ¶
SECTION 1: PURPOSE¶
T
To provide a city wide policy
concerning the scheduling of medical
appointments and follow-up
communication for employees who are ill,
injured (on or off duty), or who have
other temporary limiting conditions that
require them to be absent from work. A
good level of communication is necessary
so the City and departments can
adequately plan for adequate staffing and
provide timely benefits to eligible
employees.¶
SECTION 2: EMPLOYEE'S
RESPONSIBILITIES¶
T
It is the responsibility of any
City of Lodi employee who is precluded
from returning to full duty for more than
three (3) consecutive working days, to do
the following:¶
I
1) If a medical appointment is made
for the treatment of a workers
compensation injury, schedule the initial,
as well as all follow-up medical
appointments with physicians, physical
therapists, or any practitioner responsible
for treating the employee's condition, at
the earliest point in time that is available.¶
T
2) Contact the appropriate supervisor
and verbally (e.g. via phone or in-person)
provide notification in a thorough manner
of the date and time of each and every
appointment that impacts the employee's
scheduled working hours:$
a. Notification shall be provided as
soon as possible before the beginning of
the work shift when the employee will be
absent, or immediately if taken ill or
injured during work hours. For any
follow-up appointments, notification shall
be provided as soon as feasible after the
appointment is set.¶
T
b. If an appointment is related to
treatment of a workers compensation
injury, the employee shall indicate not
only the date and time, but also who the
appointment is with and the injury being
treated.¶ q
Formatted: Left
Page 10: [1] Deleted jayers 06/11/2012 08:54:00 AM
The City and the LPDA mutually agree that inability to return to work after an employee's sick
leave has been exhausted shall be considered an urgent and substantial reason for the
granting of a leave of absence in accordance with the Administrative Policy Manual.
11.2 The City interprets this Section as providing that the conditions under which an employee
shall be restored to employment on the termination of leave of absence shall be stated as
clearly as possible at the time by the City in conjunction with the granting of the leave of
absence. The City reaffirms its policy that an employee's status as a permanent employee
is not impaired by such leave of absence.
11.3 City employees who are working are entitled to use sick leave, vacation leave,
administrative leave, or long-term disability leave for disabilities caused or contributed to
by pregnancy, miscarriage, childbirth, and recovery therefrom on the same terms and
conditions governing leaves of absence for other illnesses or medical disabilities. Such
leave shall not be used for child care, child rearing, or preparation for childbearing, but
shall be limited to those disabilities as set forth above. The length of such disability
leave, including the date on which the leave shall commence and the date on which the
duties are to be resumed, shall be determined by the employee and the employee's
physician; however, the City may require a verification of the extent of disability through
a physical examination of the employee by a physician appointed by the City at City
expense.
a) Employees are entitled to leave without pay or other leave benefits for up to four
months because of pregnancy, miscarriage, childbirth, adoption, or recovery
therefrom. However, the City may require a verification of the extent of disability
through a physical examination of the employee by a physician appointed by the
City.
b) An employee on leave for pregnancy disability under this policy shall be entitled to
return to the same position, or to a position comparable to that held at the time the
leave commenced. A physician's release must be provided prior to an employee's
return to work.
c) An employee seeking pregnancy/disability leave shall be required to provide a
reasonable notice in writing (not less than four weeks) to the City of the anticipated
date upon which leave shall commence, although the commencement date may vary
according to the employee's actual disability. Employee must also provide an
estimate of the duration of the leave.
11.4 Employees who are placed in a Leave Without Pay status following the expiration of sick
leave, vacation, compensatory time off, administrative leave, or long-term disability
leave such that the employee is no longer in a pay status shall not receive employer paid
employment benefits except that all employees placed in Leave Without Pay will
continue to receive a three-month extension of medical coverage following the month in
which the employee is placed in such status.
Page 12: [2] Deleted jayers 06/11/2012 09:05:00 AM
16.7 If an employee has no dependents or chooses not to cover dependents with medical
insurance the City will contribute $25.00 per pay period to the employees deferred compensation
account. If an employee elects not to be covered by medical insurance the City will provide an
additional $46.15 per pay period ($100 per month) for a total of $71.15 per pay period to the
employees deferred compensation account.
16.8 If both the employee and the employees spouse work for the City and are eligible for
medical insurance, only one medical plan will be provided and Section 16.2 shall apply to the
employee who is not the primary provider.
Example:
Employee + Employee
Employee + Employee +1
Employee + Employee + Family
Share of Cost is $0
Share of Cost is $80.00 per month
Share of Cost is $104.00 per month.
Page 12: [3] Deleted jayers 06/11/2012 09:06:00 AM
During the term of this MOU, the City and the LPDA will meet and confer over whether to adopt
a cafeteria plan, and if so, then over its terms. It is the City's intent to examine on a city-
wide basis possible adoption of a cafeteria plan. Meetings over this issue may be
conducted between the City and a coalition of City bargaining units, including LPDA. In
absence of mutual agreement, the current terms of this MOU will remain in effect.
Page 30: [4] Deleted
MEDICAL APPOINTMENTS POLICY
SECTION 1:
jayers
Attachment A
06/19/2012 02:15:00 PM
PURPOSE
To provide a city
wide policy concerning the scheduling of medical appointments and follow-up communication for employees who are ill,
injured (on or off duty), or who have other temporary limiting conditions that require them to be absent from work. A
good level of communication is necessary so the City and departments can adequately plan for adequate staffing and
provide timely benefits to eligible employees.
SECTION 2:
RESPONSIBILITIES
EMPLOYEE'S
It is the
responsibility of any City of Lodi employee who is precluded from returning to full duty for more than three (3)
consecutive working days, to do the following:
1)
If a medical appointment is made for the
treatment of a workers compensation injury, schedule the initial, as well as all follow-up medical appointments with
physicians, physical therapists, or any practitioner responsible for treating the employee's condition, at the earliest point
in time that is available.
2)
Contact the appropriate supervisor and
verbally (e.g. via phone or in-person) provide notification in a thorough manner of the date and time of each and every
appointment that impacts the employee's scheduled working hours:
s'fl
Notification shall be provided as soon as
possible before the beginning of the work shift when the employee will be absent, or immediately if taken ill or injured
during work hours. For any follow-up appointments, notification shall be provided as soon as feasible after the
appointment is set.
b.
If an appointment is related to treatment of a
workers compensation injury, the employee shall indicate not only the date and time, but also who the appointment is
with and the injury being treated.
C.
In those instances when appointments are
scheduled directly by the City or its contract administrator for treatment of a workers compensation injury, the employee
is still responsible for contacting his/her appropriate supervisor and verbally providing notification in a thorough manner
of the date and time of all appointments.
3)
Attend all appointments as scheduled. Failure
to attend these appointments may result in denial or suspension of benefits. Changes in workers compensation
appointments must be re -scheduled through the Risk Management office.
Section Break (Next Page)
U
For conditions that preclude the employee
from returning to full duty, medical certification (i.e., a doctor's note) must be provided immediately after every medical
visit or treatment, to their appropriate supervisor. The supervisor will then forward the medical certification to Human
Resources. Medical certification should provide:
s'fl
to full duty,
A statement that the employee can not return
b.
employee can perform modified duties with any restrictions clearly stated,
C.
appointment, and an estimated time of return to full duty,
d.
A statement as to whether the
The date/time of the next
If the employee has reached the point
where he/she can be released to full duty, then medical certification indicating the employee is released to full
duty without restrictions must be provided.
A Department Head or supervisor may request medical certification for absences at any time for reasonable
cause. A Department Head or supervisor may also require an employee to call in on a regular basis to provide
updates regarding his/her status.
SECTION 3:
ADHERENCE
If an employee does not provide notification, submit appropriate paperwork or otherwise adhere to the
provisions of this policy, the City of Lodi may:
Delay or deny benefits. In the
workers compensation system this may affect temporary disability payments or payments to physicians,
physical therapists, or other practitioners responsible for treating the employee's condition.
b.
Initiate disciplinary proceedings as
stipulated in Article XIII of the City of Lodi's Rules for Personnel Administration.
Failure to adhere to the provisions of this policy may also constitute violation of the Administrative Policy and
Procedure Manual - Employee Separation Procedure. An employee's failure to notify a supervisor of an
absence or to arrive at his/her designated workplace for three (3) consecutive workdays as scheduled may be
considered an unauthorized absence and/or an abandonment of position. Such absence may be processed as an
automatic resignation or be cause for disciplinary action up to and including termination.
RESOLUTION NO. 2012-112
A RESOLUTION OF THE LODI CITY
COUNCIL APPROVING THE MEMORANDUM
OF UNDERSTANDING WITH THE LODI
POLICE DISPATCHERS ASSOCIATION
WHEREAS, representatives from the City of Lodi and Lodi Police Dispatchers
Association have bargained in good faith for the purpose of amending certain articles of
the Memorandums of Understanding.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached Memorandum of Understanding between the City of Lodi and the
Lodi Police DispatchersAssociation; and
BE IT FURTHER RESOLVED that the term of the Memorandum of
Understanding shall be from May 1, 2012 through December 31, 2013.
Date: July 17, 2012
------------------------------------------------------------------
------------------------------------------------------------------
hereby certify that Resolution No. 2012-112 was passed and adopted by the
Lodi City Council in a special meeting held July 17, 2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS — Hansen, Katzakian, Nakanishi, and
Mayor Mounce
COUNCIL MEMBERS—Johnson
COUNCIL MEMBERS— None
COUNCIL MEMBERS — None
2012-112
RA OHL
City Clerk
MEMORANDUM OF UNDERSTANDING
CITY OF LODI
LODI POLICE DISPATCHERS ASSOCIATION
May 1,2012 —December 31,2013
LODI POLICE DISPATCHERS ASSOCIATION —MOU - 2012-2013
TABLE OF CONTENTS
CHAPTER 1— COMPENSATION & WORKING CONDI' I(
Article I
Salary 3
Article II
Hours and Overtime 3
Article III
Bilingual Dispatchers 6
Article IV
Incentive Pay 6
Article V
Uniform Allowance 7
Article VI
Court Appearances 7
Article VII
Additional Compensation/Loyalty Program 8
Article VIII
Safety 8
CHAPTER 2 — LEAVES
Article IX
Catastrophic Bank
9
Article X
Holidays
9
Article XI
Leaves of Absence
10
Article XII
Sick Leave
10
Article XIII
Vacation Leave
10
Article XIV
Reserved
11
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
Article XV
Dental & Vision Insurance
11
Article XVI
Medical Insurance
11
Article XVII
Long Term Disability
12
Article XVIII
Life Insurance Coverage
13
Article XIX
Deferred Compensation
13
Article XX
PERS
13
Article XXI
Sick Leave Conversion
14
Article XXII
Tuition Reimbursement
15
Article XXIII
Workers Compensation
15
CHAPTER 4 — ASSOCIATION / CITY ISSUES
Article XXIV
Article XXV
Article XXVI
Article XXVII
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article XXXII
Article XXXIII
Article XXXIV
Article XXXV
Article XXXVI
Exhibit A — Salary Schedule
City Rights
16
Changes in the MOU
17
Employee Representation
17
Employee Rights
19
Grievance Procedure
21
Mutual Consent Contingency
23
No Strikes
23
Reserved
24
Probation
24
Promotion
24
Seniority
24
Status
25
Term
26
LODI POLICE DISPATCHERS ASSOCIATION — MOU - 2012-2013
CITY OF LODI
AND
LODI POLICE DISPATCHERS ASSOCIATION
2012-2013
CHAPTER 1- COMPENSATION& WORKING CONDITIONS
ARTICLE I - SALARY
1.1 The Salary Schedule for members of the LPDA will be as set forth in Exhibit A.
1.2 Although the City is not required to perform a survey during the term of this MOU, the
parties agree that if a survey is performed, the fifteen cities to be surveyed shall be:
Chico, Clovis, Davis, Fairfield, Merced, Manteca, Modesto, Redding, Roseville,
Stockton, Tracy, Turlock, Vacaville, Visalia and Woodland.
In the event a salary survey is conducted during the term of this MOU, the lead dispatcher
position will be used as the benchmark for the survey, provided that any city that does not have
lead position shall use the dispatcher position and any training incentives received as part of the
base. The survey shall be based upon total compensation including salary and limited to
employee contribution to the Public Employees Retirement System paid on behalf of employee
by employer, employer's health insurance premium, deferred compensation, and any
comparable incentives.
ARTICLE II - HOURS AND OVERTIME
2.1 Work schedules presently in effect shall remain in effect; however, the City reserves the
right to change the hours of work after consultation with the employees involved.
Temporary changes in this schedule must have at least 24 hours notice.
2.2 The City agrees to implement a twelve hour work schedule for Dispatcher/Jailer
positions assigned to the Communication Center, with a one hour paid lunch and two (2)
fifteen minute breaks. Alternative work schedules for Dispatcher/Jailer positions
assigned outside of the Communications Center may be developed by mutual agreement
between an employee (s) and the appropriate supervisor.
2.3 It is agreed that the work schedule for members assigned to the property unit shall work
a 10-4 schedule. The personnel. participating will have consecutive days off scheduled
depending on the needs of the assignment.
a) It is mutually agreed that employees participating in this schedule will officially
begin their work week at noon Friday to avoid FLSA conflicts and/or overtime.
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
b) It is mutually agreed that in the event of unexpected staff shortages, this alternative
work schedule can be terminated with 72 hours notice.
2.4 Overtime - Overtime work is work performed by an employee outside his/her regular
hours and includes time worked:
a) In excess of forty (40) hours in a work week for members working a 10-4 schedule
and eighty (80) hours per pay period for Dispatchers. This provision may be
nullified if a shift trade is involved.
b) In excess of eight (8) hours in any work day for those on an eight (8) hour shift, in
excess of nine (9) hours in any work day for those on a nine (9) hour shift, in excess
of ten (10) hours in any work day for those on a ten (10) hour shift, and in excess of
twelve (12) hours per day for those on a twelve (12) hour shift
C) Time worked outside of regular hours of work on a work day unless notification has
been made in accordance with this MOU.
d) Time worked on a non -work day unless involved in a shift trade.
2.5 Employees who are required to report for prearranged work on their non -work days shall
be compensated at the overtime rate for actual hours worked, but in no event shall they
be paid for less than three (3) hours.
2.6 Compensation paid to employees called out in emergency situations, outside their
regular work hours, shall be a minimum of three hours pay at the overtime rate.
2.7 When, at the request of the supervisor in charge, an employee reports for prearranged
overtime on work days outside of his regular work hours, he or she shall be paid
overtime compensation for actual worked time in connection therewith, provided
however, that if any such employee continues to work into his regular work hours, he
shall be paid overtime compensation only for actual work time up to his regular work
hours.
2.8 Rest Period - The intent of the rest period is to ensure that members of this unit
adequately rested for their assigned work shift. In the event a Supervisor or Watch
Commander deems it necessary for an employee to work through hisker rest period, the
employee will continue being paid at the overtime rate.
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:
I) the time period that employee's regular work shift ends and hisker scheduled
appearance/assignment time; or
2) the time period that employee is dismissed and hisker regular work shift
begins.
This rest period will not be charged to the employee.
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
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.
2.9 Compensatory Time - 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 worked.
a) No more than 144 hours of compensatory time may be carried on the books at any
time. Side Letters to the immediately preceeding MOU increased LPDA members
CTO leave maximum to 480 hours. Bargaining Unit Members with banks
exceeding 144 hours shall retain those excess hours but shall not be eligible to
accrue additional CTO hours until their CTO banks fall below the 144 hour
maximum provided for in this MOU.
b) An employee's decision to elect compensatory time instead of overtime is
irrevocable (Notwithstanding #d).
C) Employees may cash out their compensatory time twice a year during the months of
April and October.
d) Upon separation, the employee will be paid at the employee's current hourly rate of
pay or the average of the last three years, whichever is higher, for the remaining
compensatory balance.
e) Employees may submit a request to the Chief of Police to increase the hours of
compensatory time that may be carried on the books in excess of 144 hours at any
given time. The request may only be made to address extenuating circumstances
and will be evaluated on a case by case basis. The decision to grant to deny said
requests is at the sole discretion of the Chief of Police.
2.10 Communications Center Stafftn - When staffing shortages occur in the
Communications Center due to unforeseen or exigent circumstances, Dispatcher/Jailers
shall be called back to work under the following guidelines. Staffing shortages shall be
determined by the number of fully trained personnel actually on duty in conjunction with
the amount and type of work actually needed or logically anticipated on any given watch.
a) Personnel shall be called for duty by or at the direction of the Watch Commander
responsible for the hours of duty to be worked. The three (3) hour minimum call
back time, as per this MOU, shall apply.
1) Personnel by Watch
The first option to work overtime shall be given to other Dispatchers/Jailers
assigned to the watch suffering the shortage who are on scheduled days off.
2) Seniority
The second option to work overtime shall be given to Dispatcher/Jailers
assigned in the Communication Center on scheduled days off by seniority.
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
b) Any Dispatcher working an overtime shift must be able to perform all duties of
dispatch and j ail procedures, with the exception of a dispatcher on light duty. The
purpose of this is to eliminate personnel in a training status or an unqualified person
from working overtime shifts.
c) A current seniority list shall be maintained in the Communication Center with an
updated work schedule maintained by the Services Division Supervisor and Patrol
Watch Commander(s). Dispatch will be responsible for call in/call backs at the
Watch Commanders direction. Failure by dispatch to follow this procedure will not
subject the city to unwarranted overtime.
d) Vacations and Holidays - Vacation time shall not be canceled due to short-term
staffing shortages unless conditions exist which require a total departmental call -out.
Holidays shall be cancelled in part or fully only as a last resort, but should it become
necessary to cancel a scheduled holiday the employee will be given at least twenty-
four (24) hours notice of the cancellation. If such notice is not given, the employee
will be paid at a rate of time and one half for the actual hours worked.
An Employee who is on a first pick schedule vacation will not be compelled to come
to work on the vacation days or adjacent regular days off unless exigent
circumstances exist. Staffing shortages will not be considered exigent circumstances
for the purposes of this subsection only. Exigent circumstances would include, but
not be limited to, natural disasters, riots, total department call -outs, etc.
e) Duties - Personnel called back for work shall perform all the regular duties required
in a regular work day and shall appear in uniform.
ARTICLE III — BILINGUAL DISPATCHERS
3.1 Unit members who have demonstrated a proficiency in the Spanish language shall
receive $200.00 per month. The City shall be the sole judge as to whether a member has
the necessary proficiency. Effective the pay period in which December 31, 2013 falls,
this incentive shall be reduced to $150 per month.
ARTICLE IV — INCENTIVE PAY
4.1 A $50 per month ($23.08 per pay period) incentive pay allowance shall be paid to
members who are trained in a Post Certified Field Evidence Technician course and are
on the call out roster for Field Evidence Technicians. Effective April 1, 2009, FET
incentive pay shall be $150 per month. The Latent Print Examiner classification will
receive the same incentive as FET.
Effective the first pay period following ratification and adoption, the dispatcher jailerincentive
of 2% shall be eliminated and in return 2% shall be added to the base pay of all employees so
classified. The salary schedule in Exhibit A reflects the inclusion of this 2% incentive.
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
4.2 Effective the first pay period following ratification and adoption, employees who have
either an AA degree or Intermediate POST certificate will receive $150 per month.
Employees who have received a BA degree or Advanced POST certificate shall receive
$225 per month These amounts are not cumulative.
ARTICLE V — UNIFORM ALLOWANCE
5.1 The uniform allowance shall be $950 annually paid bi-weekly in conjunction with
regular pay checks.
5.2 In the event of pregnancy, maternity uniforms shall be required. Jailers shall wear a
navy blue maternity top with a navy blue or black maternity skirt or slacks; Community
Services Officers shall wear similar garments of a blue color.
5.3 The City agrees to repair or replace both personal and City owned uniforms, equipment
and property, except for jewelry, damaged or destroyed on duty unless gross negligence
can be shown on the part of the employee. Repair or replacement costs shall not exceed
reasonable cost. Receipts will be required prior to reimbursement.
ARTICLE VI - COURT APPEARANCES
6.1 An employee serving on jury duty is entitled to keep any monies paid them for jury duty.
6.2 If an employee has jury duty he/she shall not be scheduled to work eight (8) hours
preceding or followingjury duty at no cost to the employee.
6.3 If an employee covered by this agreement is required by subpoena to appear in court or
to give a deposition as a result of an action taken within the scope of employment with
the City, that employee will receive his full pay while so doing with no loss of time if
he/she is on regular duty. If the employee is not on duty the City agrees to compensate
that employee at one and one half time his regular pay for the time spent in any
appearance as required by this Article. As a prerequisite for payment to off-duty
employees, the Police Chief or his designee must be notified in writing of the off duty
appearance within seventy-two hours after the employee is subpoenaed or otherwise
notified of the required court appearance.
ARTICLE VII —ADDITIONAL. COMPENSATION/LOYALTY PROGRAM
7.1 After completing ten years of service with the LPDA, employees shall receive an annual
loyalty compensation 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 LPDA. Employees who have completed twenty years of service with the LPDA
7
LODI POLICE DISPATCHERS ASSOCIATION -MOU - 2012-2013
will receive an annual loyalty compensation amount of $3,000 on November of the year
following completion of twenty full years of service and each year thereafter.
For the purposes of this article, all employees who as of October 31" meet the service
level requirements (either ten full years or twenty full years from the first day of the
month in which they started their employment with the LPDA) shall receive the loyalty
compensation associated with their years of service with the LPDA.
The incentive in this article is limited to employees hired prior to July 17, 2012.
AITICLEVIII - SAFETY
8.1 The City reaffirms its desire and aim to provide a safe place of employment for its
employees and shall continue to take all reasonable steps to ensure this. The City and the
LPDA mutually agree that during the ensuing year at least two joint meetings will be held
in order to develop a mutually satisfactory safety program.
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
CHAPTER 2 — LEAVES
ARTICLE IX - CATASTROPHE LEAVE
9.1 Catastrophic leave is available to employees in accordance with the City's current
Catastrophic Leave Policy.
ARTICLEX - HOLIDAYS
10.1 Employees shall receive 11 holiday days. Hours earned per pay period are dependent
upon their work schedule. Schedules and hours received annually are as follows:
a) 12 hour schedule 132 hours
b) 10 hour schedule 110 hours
c) 8 hour schedule 88 hours
Holiday leave to be taken off at a time mutually agreed upon between the employee and
the department head. Holiday time may be taken in one-hour increments during the
calendar year.
10.2 Unused holiday leave may not be carried forward into the following calendar year but
shall be paid off by the City at the employee's current straight time rate.
a) Notwithstanding the above, holiday hours accrued in calendar 2011 may
be carried forward to 2012. Such hours cannot be cashed and must be used by June 30,
2012.
b) Notwithstanding the above, holiday hours accrued in calendar 2012 may
be carried forward to 2013. Such hours cannot be cashed and must be used by June 30,
2013.
10.3 Employees hired after the first pay period of the year shall be credited with hours for
each pay period remaining in the calendar year dependent upon the work schedule
assigned. Schedule and hours received per pay period are as follows:
a) 12 hour schedule 5.07 hours per pay period
b) 10 hour schedule 4.23 hours per pay period
c) 8 hour schedule 3.38 hours per pay period
Employees separating after the first pay period of the year shall have their holiday
balances reduced by a number of hours dependent upon work schedule assigned.
Schedule and hours deducted per remaining pay period in the year are as follows:
a) 12 hour schedule 5.07 hours per pay period
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
b) 10 hour schedule 4.23 hours per pay period
c) 8 hour schedule 3.38 hours per pay period
If the employee does not have sufficient holiday hours remaining the difference in hours
shall be reduced from other balances for which the employee would be paid.
ARTICLE XI - LEAVES OF ABSENCE
11.1 Leave of Absence is available to employees in accordance with the City's current Leave
of Absence policy.
ARTICLE XII - SICK LEAVE
12.1 All employees shall accumulate sick leave based on shift worked. Schedule is as
follows:
12 hour workday
5.54 hours per pay period
10 hour workday
4.62 hours per pay period
8 hour workday
3.70 hours per pay period
12.2 Sick leave maybe accumulated up to an unlimited amount.
12.3 Family sick leave may be used to allow for the care of parents and children.
ARTICLE XIII - VACATION LEAVE
13.1 0 - 1 year - none. However, at the completion of twelve (12) continuous months of
service, eighty (80) hours of vacation will be credited to the employee's account.
a)
1 through 5 years:
b)
6 through 11 years:
c)
12 through 14 years
d)
15 years and more:
3.08 hours per pay period
4.62 hours per pay period
5.24 hours per pay period
6.16 hours per pay period
13.2 First choice vacation leave will be picked by seniority. Second choice vacation leave
will be selected upon completion of first choice vacation leave. All vacation picks will
be based upon seniority. However, if seniority is waived by an employee, the employee
must wait until seniority list is exhausted prior to picking another vacation.
13.3 The maximum amount of unused vacation hours that an employee may accrue, at any
given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
10
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
employee shall stop accruing any additional vacation. Accrual will automatically resume
once the employee uses some vacation and the accrual balance falls below the maximum
accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the maximum
may be authorized by the City Manager. For all other issues regarding Vacation Leave
refer to the City's Policy of Vacation Leave.
ARTICLEXIV - RESERVED
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
ARTICLE XV - DENTAL AND VISION INSURANCE
15.1 The City agrees to pay the full cost for employee dental premium and one-half the
premium for dependent for the present dental plan.
15.2 The City agrees to provide a vision care plan equivalent to the VSP Plan B with a $25.00
deductible for the employee and dependents. The entire premium shall be paid by the
City.
15.3 The City reserves the right to select any dental or chiropractic carrier to administer the
City's plan.
ARTICLE XVI — MEDICAL INSURANCE
16.1 All employees are offered medical insurance for themselves and dependents through
CalPERS 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, 2013.
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 +
$305.22 per month for Single
11
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
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.
16.2 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.
16.3 The City and LPDA agree if the Federal or State Government mandate changes in the
present health care delivery systems the City and LPDA shall reopen the MOU to meet
and confer on the issue of health care.
16.4 The City agrees to offer chiropractic plan equivalent to Landmark benefit.
16.5 The City will maintain a flexible spending account to conform to IRS regulations to be
used for premium contributions, dependent care, and/or unreimbursed medical payments
for unit members.
16.6 Only one family member may carry employee and dependent coverage of City sponsored
medical insurance.
16.7 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 of 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 XVII - LONG TERM DISABILITY
17.1 A long term disability program, which, coordinated with other disability benefits, shall
provide a benefit of 66 2/3% of an employee's salary in the event of disability. This
program commences sixty days from the date of disability. In the event the illness or
injury results from work-related duties not covered under Section 23.2, the program shall
commence thirty days from the date of disability.
12
LODI POLICE DISPATCHERS ASSOCIATION -MOU - 2012-2013
ARTICLE XVIII - LIFE INSURANCE COVERAGE
18.1 The City agrees to provide each covered member a $25,000 accidental death policy in
addition to any other life insurance policy or statutory payments that may be due to an
employee in the event of death resulting from a line -of -duty injury.
18.2 A life insurance program providing an additional $10,000 term life insurance for the
employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to
$5,000 at age 75. In addition, a spouse shall be covered for $1,500 of life insurance, and
dependent children between the ages of birth months and 24th birthday, and dependent
disabled children shall be covered for $1,500 insurance.
ARTICLE XIX - DEFERRED COMPENSATION
19.1 The City agrees to allow employees to continue to participate in the City's Deferred
Compensation plan as allowedby IRS Code 457(k).
19.2 The City shall match contributions by an employee to a deferred compensation program
up to a maximum 3.0% of the employee's gross salary.
ARTICLEXX - PERS
20.1 The City agrees to provide the following retirement program and options and to pay the
employer's cost:
a) The 2.00% at 55 formula.
b) Final retirement compensation based one the average monthly pay during the
highest 36 consecutive months of service.
c) 1957 Survivor Benefit.
d) Increased ordinary disability benefits which provide under PERS a 30% benefit after
five years of service increasing to a maximum 50% benefit.
e) The third level of 1959 survivor benefits.
fl 50% survivor continuation in the event of death after retirement.
g) Sick leave conversion.
20.2 By side letter agreement, employees will pay 4.35% of the employee share of retirement
costs for the period of May 1, 2012 through July 8, 2012. Effective July 9, 2012, the
3.0% of the employee share of retirement costs will be paid by the employee. Effective
the pay period in which July 1, 2013 falls, the employee shall pay 6.0% of the employee
share of retirement costs, Effective the pay period in which December 31, 2013 falls, the
employee shall pay 7.0% of the employee share of retirement costs.
13
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
20.3 For employees hired after the execution date of the amended contract with
Ca1PERS, the following retirement plan shall apply:
a) The 2.00% at 60 formula.
b) Final retirement compensation based one the average monthly pay during the
highest 36 consecutive months of service.
c) 1957 Survivor Benefit.
d) Increased ordinary disability benefits which provide under PERS a 30% benefit after
five years of service increasing to a maximum 50% benefit.
e) The third level of 1959 survivor benefits.
f) 50% survivor continuation in the event of death after retirement.
g) Sick leave conversion.
Employee share of retirement costs shall be paid in accordance with Section 20.2 above.
20.4 If an employee of the City receives an enhanced retirement benefit during this contract,
the contract shall be reopened for negotiating the same benefits.
ARTICLE XXI - SICK LEAVE CONVERSION
For all unused sick leave, a represented employee with ten years of employment with the
City shall receive medical insurance coverage upon retirement (but not upon resignation
or termination) on the following basis:
a) After ten years of employment by the City, 50% of the represented employee's
unused sick leave shall be converted to months of medical insurance at the rate of
one month's premium for employee and dependent coverage for each day of unused
sick leave as adjusted herein.
b) For each year that an employee has been employed by the City in excess of ten
years, the employee shall be entitled to add 2 1/2% to the 50% before converting the
unused sick leave to months of insurance.
The City shall pay up to the City's liability for medical insurance premiums for retiree
and dependent. Alternatively, the employee may at his or her option choose to have a
cash reimbursement for sick leave at the rate of one-third (1/3) of base pay per hour.
Sick leave hours will be converted on the same basis as in Section 21.1.
In accordance with the sick leave conversion provisions, a surviving dependent may at
his/her own expense continue medical insurance at the employee only premium for the
same period as if the employee had not died.
14
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
21.4 Represented employees who retire on a service retirement shall have the option of
purchasing, at the employee's cost, additional medical insurance sufficient to reach age
65.
21.5 Out of area retirees may receive reimbursement for medical insurance premiums up to
the City's liability as specified in Section 21.2.
21.6 The City agrees to modify its contract with PERS to add credit for unused sick leave per
Government Code Section 20862.8. This benefit is available to all employees regardless
of the date hired; however, it is the only sick leave conversion benefit available to
employees hired after November 8, 2004. It is agreed that eight hours equals one day for
purposes of determining days creditable. If an eligible employee opts to utilize the
provisions of Section 21.1, the City will report they have zero hours of unused sick
leave.
ARTICLE XXII - TUITION REIMBURSEMENT
22.1 Tuition reimbursement shall be available to employees as stated in the City's current
Tuition Reimbursement policy.
22.2 The City shall allow LPDA members the option of using the funds referenced in section
22.1 for work-related training seminars, symposiums, etc., that are not reimbursable by
the City. Up to $300.00 per fiscal year maybe used for tuition reimbursement to obtain
an AA degree. All training and time off for training must be approved in advance by the
department head.
ARTICLE XXIII - WORKERS' COMPENSATION
23.1 The City and LPDA mutually agree that when an employee is compelled to be absent
from work due to injuries or illness arising out of and in the course of his or her
employment, the City will pay full compensation to any represented employee who
becomes eligible for benefits under Workers' Compensation laws for the period of the
time between the injury and the first day of eligibility for benefits. With the
determination that the injury or illness is compensable in accordance with Workers'
Compensation benefit criteria, the employee upon receiving said benefits paid by
Workers' Compensation will also receive compensation from the City in such an amount
that when added to the Workers' Compensation payment will equal his or her regular
salary. The amount paid by the City will, after the period from the date of injury and
date of eligibility, be charged to the employee's sick leave account. The employee's
regular deductions shall be made from the amount paid by the City.
a) Bargaining unit members shall have the presumption afforded by Labor Code Section
3212.5 regarding pneumonia (but not heart trouble) and the presumption afforded by
Labor Code Section 3212.6 regarding tuberculosis. Moreover, Bargaining unit members
15
LODI POLICE DISPATCHERS ASSOCIATION- MOU - 2012-2013
who can establish exposure to bodily fluids shall have the presumption afforded by
Labor Code Section 3212.8 regarding blood born infectious diseases and MRSA and
Labor Code Section 3212.9 regarding meningitis.
23.2 In the event an employee is injured or otherwise becomes disabled:
a) By contact with a prisoner or member of the public in the course of employment or,
b) While performing evidence technician assignments.
The City shall supplement the Workers' Compensation payment to the extent that the
employee shall receive his or her regular salary and benefits for up to one year. In the
event an employee is deemed to be permanent and stationary in accordance with the
workers' compensation system, they will be placed on the Long Term Disability (LTD)
program.
23.3 For purposes of eligibility for LTD, application will be automatically entered on the date
of injury.
23.4 The city supplement will end at the earliest of the following:
a) Permanent and stationary rating of employee.
b) Return to duty or physician's release.
CHAPTER 4 — ASSOCIATION/CITY ISSUES
ARTICLE XXIV - CITY RIGHTS
24.1 It is further understood and agreed 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:
a) decide the scope of service to be performed and the method of service
b) hire and/or otherwise determine the criteria and standards of selection for
employment
c) fire, demote, suspend or otherwise discipline forjust cause
d) transfer employees from Iocation to location and from time to time
e) lay off and/or relieve employees from duty due to lack of work or any other
legitimate reason
f) re -hire employees
g) determine the allocation and content ofjob classification
16
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
h) formulate and/or amend j ob descriptions
i) to determine the need for overtime work subject only to contrary provisions of this
MOU
j) merge, consolidate, expand, curtail or discontinue operation temporarily or
permanently in whole or in part, whenever in the sole discretion of the City good
businessjudgment makes such curtailment or discontinuance advisable
k) contract and/or subcontract any existing or future work
1) control the use of equipment and property by the City
m) determine the number, location and operation of headquarters, annexes, substations
and or division thereof
n) expand, reduce, alter, combine, assignor cease any j ob
o) schedule and assign the work to the employees and determine the size and
composition of the work force
p) determine the services to be provided to the public, and the maintenance procedures,
materials, facilities, and equipment to be used, and to introduce new or improved
serviced, maintenance procedures, materials, facilities and equipment
q) take whatever action may be necessary to carry out the mission and responsibility of
the City and specifically the Police Department in unusual and/or emergency
situations
r) formulate, amend , revise, and implement standard operating procedures, rules, and
regulations regarding the operation of the Police Department
s) establish, amend, revise and implement any programs, and or procedures including
an employee evaluation system
t) require employees to observe and obey the City's and Departmental policies,
procedures, ordinances, resolutions, rules and regulations.
However, the exercise by the City of the rights in the paragraph does not preclude
employees of their recognized employee organizations from filing grievances regarding
the practical consequences that decisions on such matters may have on wages, hours, or
other terms and conditions of employment.
ARTICLE XXV - CHANGES IN MEMORANDUM
25.1 The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any provision
of this MOU is modified by statute, applicable regulation, or by order of Court in such a
way as to affect either the employees or the City. In such event, all remaining provisions
of the MOU would continue in full force and effect unless and until they were also
modified by statute, applicable regulation or order of Court, or agreement of the parties.
17
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
ARTICLE XXVI - EMPLOYEE REPRESENTATION
26.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into
between representatives of the City of Lodi (hereinafter referred to as "City") and
representatives of the Lodi Police Dispatchers Association (hereinafter referred to as
"LPDA").
a) The parties to this MOU acknowledge and agree that this MOU constitutes the
result of meeting and conferring in good faith as contemplatedby Sections 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 in
this MOU. "If the City intends to change a matter within the scope of representation
under the Meyers-Millias-Brown Act (MMBA) which is not covered by this MOU,
it shall notify the LPDA. If the LPDA wishes to negotiate over such a matter, it
shall notify the City within twenty (20) work days of notice, and the parties shall
commence negotiations within twenty (20) work days of the LPDA's notification.
If the LPDA does not respond within twenty (20) work days of the City's
notification, the City will have no further obligation to negotiate over the matter.
b) The terms and conditions of this MOU are applicable to all regular and probationary
employees represented by LPDA. Those classifications areas follows:
• Community Services Officer
• Dispatcher/Jailer
• Lead Dispatcher/Jailer
• Dispatch Supervisor
26.2 Dues - The City shall grant dues deduction to City employees who are members of the
LPDA in accordance with the terms and conditions set forth in Section 4, Rule 2 of City
of Lodi Resolution No. 3344 entitled, "Adopting Rules and Regulations to Implement
Provisions of the Employee -Employer Relations Resolution."
a) Any dues check -off cancellation or modification notice shall first be forwarded to
LPDA for notation and then returned to Payroll prior to any change in members
dues check -off. In addition, any dues check -off cancellation or modification notice
regarding the Police Officers' Association of Lodi (POAL) shall first be forwarded
to POAL for notation and then returned to Payroll prior to any change in a members
dues check -off to POAL.
b) The LPDA shall indemnify, defend, and hold the City of Lodi harmless against any
claims made and against any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition, the LPDA shall refund
to the City of Lodi any amounts paid to it in error upon presentation of supporting
evidence.
c) Effective upon adoption of this Memorandum and for the purposes of the continued
certification of LPDA as the recognized employee organization for this unit,
18
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
employees in this unit who are or hereafter become members of LPDA shall
maintain membership in good standing with LDPA for the life of this
Memorandum, except that any unit employee may withdraw from membership not
earlier than ninety (90) days nor less than sixty (60) days from the expiration of this
Memorandum. Such withdrawal must be in writing and delivered to LPDA and the
Finance Department within the prescribed time frame.
26.3 The City agrees to furnish LPDA with a written notice of the City's intention to make
changes in departmental rules, policies or procedures that would affect the working
conditions of LPDA members, notwithstanding Article XXIV.
26.4 LPDA will have the right to use City Facilities for Association Business subject to
advance notice and availability.
26.5 The City and LPDA agree and understand that if any section of the MOU in any way
conflicts with the terms and conditions of employment stated in other authorities, such as
the personnel rules, administrative policy and procedure manual, city resolutions, or city
ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU
is silent on any issue, the applicable document is controlling.
ARTICLE XXVII - EMPLOYEES RIGHTS
27.1 Individual bargaining unit members may donate from their vacation or holiday leave
time up to eight hours per calendar year for Association business. The President may
designate members of the Association to utilize this time. Only one member at a time
may be absent unless mutually agreed that additional members may be absent. Five days
advance notice of use of time shall be given.
27.2 The City will provide affected employees with copies of personnel orders as soon as the
personnel orders are issued. Personnel orders are defined as all written notices of actual
disciplinary actions, notices of intent to take disciplinary actions, transfer notices,
promotion notices and termination notices.
27.3 Any LPDA member who will be interviewed concerning an act which, if proven, could
reasonably result in disciplinary action he/she will be afforded the following safeguards:
a) LPDA member will be informed prior to the interview if the City believes the
LPDA member is a suspect in the investigation.
b) The LPDA member will be informed of the nature of the investigations and
allegations and afforded the opportunity to consult with a LPDA representative prior
to an interview. The LPDA member shall be allowed the right to have an LPDA
representative present during the interview.
19
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
C) The City shall make a reasonable good faith effort to conduct these interviews
during the employee's regular working hours except for emergencies or where
interviews can be conducted by telephone. Section 27.3 a and b not withstanding.
d) Interviews shall be done under circumstances devoid of intimidation, abuse, or
coercion. No more than two interrogators may be present at any one time.
e) The employee shall be entitled to such reasonable intermissions as he/she shall
request for personal necessities.
f) If the City tape records the interview, the member also has the right to tape the
interview. If the interview is taped by either party that party must give notice of its
intention.
g) Interviews and investigations shall be concluded with no unreasonable delay.
h) The employee shall be advised of the results of the investigation and any future
action to be taken on the incident.
i) When the investigation results in Departmental charges being filed against the
employee, the employee, upon request, will be furnished with a copy of the reports
of the investigation which contain all known material facts of the matter, to include
any tape recordings, at no cost. The employee will also be furnished with the names
of all witnesses and complainants who will appear against him or her and/or whose
statements will be used against him or her.
27.4 The performance of each LPDA member shall be evaluated annually. Performance
evaluations shall be based on work performance related criteria.
a) When an employee is rated unsatisfactorily in any category, the supervisor shall
state the reason(s) for such rating and shall if practicable suggest means of
improvement.
b) After the evaluation is made, the employee shall be given a copy. Either the
supervisor or employee may.request to meet and discuss the evaluation.
27.5 Each employee shall, during normal business hours have the right of access to his/her
own personnel file. At the employee's request he/she shall be provided one copy of any
document placed in the employee's file. LPDA members will be given a list of all
personnel files held by the City and any department personnel used for promotion and
disciplinary actions.
a) An employee shall have the right to inspect and review any official record relating
to his/her performance as an employee which is kept or maintained in the
employee's personnel file. The City shall provide an opportunity for the employee
to respond in writing to any information with which he/she disagrees. Such
response shall become a permanent part of the employee's personnel record. The
employee shall be responsible for providing the written responses to be included as
part of the employee's permanent record.
20
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
b) The only persons permitted to have access to the contents of an employee's
personnel folder, excluding background investigation references from previous
employers, are the employee, his/her designated representative having the
employee's signed authorization, and persons authorized by the City.
C) Employees will receive a copy of all materials placed in his/her file. Materials
placed in the employee's file which are written reprimands more than two (2) years
old will not be considered for purposes of promotion, transfer, special assignments
and disciplinary actions, except as to those disciplinary actions which show patterns
of misconduct as defined in the Department's Rules and Regulations.
d) Anything less than a written reprimand shall be purged from an employee's
personnel file after an evaluation is given. Requests to purge personnel files are the
responsibility of the individual involved.
27.7 All special assignments available to LPDA members shall be posted and shall invite
letters of interest from LPDA members.
27.8 All special assignment positions shall be limited to 3 to 5 years and will begin and end at
shift pick changes. Those assigned will report to the immediate supervisor that is in charge
of the department. The Chief reserves the right to ask for letters of interest during shift pick
changes during this time. If no applications of interest have been submitted for the position,
the employee holding the position may be extended for a period of two more years after the
third year. It is also mutually agreed that assignments to Property Clerk and/or Court
Liaison positions are at the sole discretion of the City of Lodi. No employee has property
rights to such assignments and waives any appeals for assignment, reassignment, or transfer
from this agreement.
ARTICLE XXVIII - GRIEVANCE PROCEDURE
28.1 This grievance procedure shall be used to process and resolve disputes regarding the
interpretation or application of any of the terms and conditions of this MOU, letters of
understanding, formal interpretations and clarifications executed by the LPDA and the
City.
a) The intent of this procedure is to resolve grievances informally at the lowest
possible level and to provide an orderly procedure for reviewing and resolving
grievances promptly.
b) The term "day" means a working day, i.e. Monday through Friday excluding fixed
City Hall holidays.
C) A grievance is a good faith complaint of one or a group of employees or a dispute
between the City and the LPDA involving the interpretation, application, or
enforcement of the express terms of the Agreement and other terms and conditions
of employment and matters of discipline which includes demotion, suspension, or
discharge.
21
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
d) As used in this procedure, the term "party"means an employee, the LPDA, the City
or the authorized representative of any party. The employee is entitled to
representation through all the steps in the grievance procedure.
28.2 INFORMAL GRIEVANCE PROCEDURE
a) An employee, the LPDA, or their representative having an issue arising from
employment in the municipal service shall seek adjustment of the issue initially
through verbal contact with their immediate supervisor within twenty (20) working
days of the date of the action being grieved, or the date the grieving party became
aware of the incident which is the basis of the issue. Should the immediate
supervisor be unable to make a satisfactory adjustment, or is a party to the issue, the
employee, LPDA or their representative may seek adjustment through either verbal
or written contact to the next higher level of supervision up to and including the
Chief of Police who shall render a decision in writing within ten (10) working days
of hearing the appeal. The time allowed between steps in this process is ten (10)
working days. All verbal contacts shall be documented as to the date, time and
place of the contact.
b) Should the employee, LPDA or their representative, progress through the above
steps and find that the Department Head is unable to make a satisfactory adjustment
within the time frame given, or is a party to the issue, the employee, LPDA or
his/her representative may seek adjustment through the formal grievance procedure.
Any decision by the immediate supervisor hearing the grievance shall be a written
decision rendered within ten (10) working days of hearing the appeal.
28.3 FORMAL PROCEDURE
An employee who has not received satisfactory adjustment through the use of the
Informal Grievance Procedure may, within ten working days of the last time deadline of
the Informal Procedure, file a Formal Grievance. The steps of the Formal Grievance
Procedure are as follows:
STEP A
Class action grievances are filed, in writing, with the City Manager and can only be
made by the LPDA president or representative upon the authority of the LPDA. The
City Manager shall investigate the grievance and shall respond in writing within ten
working days. If satisfactory adjustment is not attained the employee or his/her
representative may proceed to Step B within ten working days.
STEP B
The employee or his/her representative shall file an appeal of the City Manager's
decision to the City Clerk. Within fifteen days of the receipt of the appeal, the City
Clerk shall begin the process of establishing a list of eligibles for a Personnel Board of
Review. The Personnel Board of Review shall hold a public hearing, unless the grievant
desires a closed hearing, within thirty working days of the filing of the appeal with the
City Clerk . The Personnel Board of Review has no power to add, subtract from or
22
LODI POLICE DISPATCHERS ASSOCIATION -MOU - 2012-2013
modify the terms or conditions of this MOU; nor, do they have any power to add a
greater form of disciplinary action than that which was originally grieved. Within fifteen
days after the hearing of the Personnel Board of Review they shall submit a written
statement of findings and directions to the City Manager, the employee, and the LPDA.
The directions of the board shall be binding on all parties to the MOU.
The Personnel Board of Review shall be constituted as follows:
1) Both the LPDA and the City will select a representative to serve on the three-
member board. The only qualifications needed to serve on the board shall be that
they are registered voters of the City, not presently or formerly elected officials or
employees of the City, or are related to a present or former elected official or
employee of the City.
2) The City Clerk shall submit the names of seven persons applying for positions to the
Personnel Board of Review to both parties. The criteria of qualifications are the
same as in Step One. If there are not seven persons from the list each party may
select from the available names or ask the City Clerk to post for a vacancy(ies). If
there are more than seven names, seven names will be drawn by lot which shall be
witnessed by the parties chosen in Step One.
3) The two persons selected in Step One shall select a third member from the list,
either by agreement, lot, striking names, or any other means the two can agree upon.
28.4 Any employee shall have the right to appeal letters of reprimand and suspensions of
three (3) days or less through the chain of command up to the Police Chief or his
designee. The decision of the Police Chief is final and binding and not subject to further
appeal.
28.5 FAILURE TO MEET TIME REQUIREMENTS
Failure by either party to meet any of the aforementioned time limits shall result in the
following action:
Failure by an employee to take the initial grievance action within the twenty working
days given in the Informal Grievance Procedure will result in forfeiture of the grievance.
Failure of management to meet any of the time limits set forth on any step in this
grievance procedure will give the employee the right to automatically proceed to the next
level of appeal. This action must be taken within ten working days of the last date of the
time limit which management failed to meet.
ARTICLE XXIX - MUTUAL CONSENT CONTINGENCY
29.I This Agreement may be amended any time during its life upon the mutual consent of the
City and LPDA. Such amendment must be in writing and attached to all executed copies
of this Agreement.
23
LODI POLICE DISPATCHERS ASSOCIATION -MOU - 2012-2013
ARTICLEXXX - NOSTRIKES
30.1 The represented employees agree that they shall not strike, withhold services, engage in
"slow downs" or "sick -ins", or participate in any other concerted activity which
adversely affects j ob performance or City services during the term of this MOU.
ARTICLE XXXI - RESERVED
ARTICLE XXXII - PROBATION
32.1 All appointments to positions in the classified service shall be subject to a probationary
period of 18 continuous months of service. The probationary period shall be regarded as
an integral part of the examination process and shall be used to closely observe the
employee's work for securing the most effective adjustment of an employee to his or her
new duties, assignments and responsibilities in the new position and for rejecting any
probationary employee whose performance does not meet required work standards. If
the service of the employee is deemed to be unsatisfactory, the employee shall be
notified that he or she has not satisfactorily completed probation.
32.2 During the probationary period, all new hires shall have all the rights and privileges
afforded to other employees, except:
1) Vacation Leave - See Article XIII for the vacation leave schedule.
2) The use of the Grievance Procedure to grieve termination.
3) The City and the employee may mutually agree to extend the probationary period
for not more than 6 months. The LPDA shall be notified of all extensions.
4) Probation shall be extended for the same time as any leaves of absence.
32.3 In the event an employee is promoted and is rejected by the appropriate department head,
he shall be reinstated to the position from which he or she was promoted unless charges
are filed and he or she is discharged. The seniority and status of a rejected candidate
shall continue as before.
ARTICLE XXXIII - PROMOTION
33.1 The City and the LPDA mutually agree it is good personnel practice to make every effort
to promote from within, consistent with the best interests of the City.
ARTICLE XXXIV - SENIORITY
24
LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2012-2013
34.1 Seniority, for purposes of City employee benefits is defined as the total length of
continuous service with the City. Continuity of service shall not be broken and seniority
shall accrue when an employee is:
a) inducted, enlists, or is called to active duty in the Armed Forces of the United States
or service in the Merchant Marine under any Act of Congress which provides that
the employee is entitled to re-employment rights,
b) on duty with the National Guard,
c) is absent due to industrial injury,
d) on leave of absence, or
e) absent due to layoff for a period of less than twelve consecutive months.
34.2 Seniority for purposes of shift selection, overtime, holiday selection and vacation leave
shall be defined as total time in service as a member of the bargaining unit. Should a
member of the unit leave membership for any reason and return to membership within
twelve months, seniority shall be as if the member never left
34.3 Seniority, as defined above, shall be the method utilized for shift selection and vacation
leave.
34.4 In the event an employee completes training before another employee with the same or
more City seniority for purposes specified in section 34.2, the employee completing
training first would have seniority for purposes of shift selection.
ARTICLEXXXV - STATUS
35.1 Employees shall be designated as regular, probationary, or temporary, depending upon
the purpose for which they are hired and their length of continuous service with the City.
a) A regular employee is defined as an employee who has twelve months or more
seniority with the City in full-time employment, except as provided for in Article
XXXII - Probation.
b) A probationary employee is defined as an employee hired for a full-time position
that has been regularly established as an authorized position and is of indeterminate
duration. A probationary employee shall receive not less than the minimum rate for
the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement
plan participation, insurance coverage, and items of a similar nature as he or she
becomes eligible, but shall not be given preferential consideration for promotion or
transfer or be eligible for a leave of absence. Upon completion of twelve months of
continuous full-time service with City, a probationary employee shall be given the
status of a regular employee.
25
LODI POLICE DISPATCHERS ASSOCIATION-MOU - 2012-2013
C) A temporary employee is an employee hired on a full-time basis to temporarily fill a
full-time position (at least 32 hours per week). Temporary employees shall attain
regular status after being employed for twelve continuous months.
ARTICLEXXXVI - TERM
36.1 All terms and conditions of this MOU
MOU. The City of Lodi and LPDA
December 31, 2013.
shall continue in effect during the term of this
agree that the term is May 1, 2012 through
36.2 The LPDA and City mutually agree to commence negotiations for a new contract no
later than three (3) months prior to the expiration of this MOU.
26
CITY OF LODI
AND
LODI POLICE DISPATCHERS ASSOCIATION
2012-2013
Lodi Police Dispatchers Association: City of Lodi,
Mark Salvo
ChiefNegotiator
Date:
Jeff Humphrey
Dispatcher/Jailer
Date:
Andrea Patterson
Dispatcher/Jailer
Date:
Reyes Gonzales, Jr
Dispatcher/Jailer
Date:
Jaime Worthen
Dispatcher/Jailer
Date:
Konradt Bartlam
City Manager
Date:
Jordan Ayers
Deputy City Manager
Date:
Steve Schwabauer
City Attorney
Janice Magdich
Deputy City Attorney
Date:
EX>FIIBIT A
Salary Effective July 23, 2012
Occu tiorrTitle .
"a
OCC
Ste A
e
StB
Ste C
Stop; D
Ste , E
Community Service Officer-
P.D.
109
3585.36
3764.63
3952.87
4150.51
4358.03
Dispatch Supervisor
129
4926.65
5172.99
5431.64
5703.22
5988.38
Dispatcher/Jailer
126
4080.08
4284.08
4498.29
4723.20
4959.36
Lead Dispatcher/Jailer
128
1 4284.05
1 4498.25
1 4723.16_1
4959.32
1 5207.28