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Home My WebLink AboutAgenda Report - November 15, 1989 (57)r CITY OF LODI POAMOU89 MEMORANDUM OF UNDERSTANDING ..... C.I..T..Y OF LODI AND P O L I C:E O.F F I C E R S ASS 0 C I A T I 0 N.:'0 F..:: .. 1 9.8 9 - 1 9 9 2 POAMOU89 u: CITY OF LODI!'i- -- CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 TABLE OF CONTENTS Article Dscri tion e Page - ---P ---- I. Employee Representation 1 f I I ` Grievance Procedure 3 � IV Vacation Leave VHolidays 9 2 VI Sick Leave VII Sick Leave Conversion 11 " X Medical Insurance I XI: Dental and Vision Insurance 13; XIII Special .Allowances 1 XIV'` Layorr Procedure XVI Uniform Al lowance :XVII -Leaves of Absence 18` XX Probationary Feriod 20 i XXI PERS 21 'XXII Deferred Compensation 21 XXIII tuition Reimbursement & Education Incentive XXVIII Hours and Overtime 22 XXIX City Rights 24 XXX . Changes i n Memormdum 25 XXX[ . Concerted Activities 25 XXXII . Term 25 ! °. XXX[ I I . Salary 26 XXXVI . Association Leave 29 XLII Employee Rights 29 XLIII Severability 30 CITY OF Lo01 �l CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 TABLE OF CONTENTS _. Description Page Article 1 Association Time 29 XXXVI Changes in Memorandum 25 XXX '. City Rights 24 XXIX Concerted Activities 25 XXXI Deferred Compensation 21 XXII Dental and Vision Insurance 13 XI` Employee Aepresentation. k Em to ee Ri hts A Y 9 29 L X II r t x Grievance Procedure 3. II ` Hol i days 4 Hours and,Over.time 22 ' .: -.. .. - L"ayoff Procedure 16 r XIV ' ik 'Leaves .of Absence.' 18 XVII , Medical "Insurance 12 X PERS 21 XXI Fy .. 20 XX Probationary Period Salary 26 XXXIII ; I Severabilit}c 30 XLIII VI .' ' Sick; Leave I1 €. Sick Leave Conversion 11 VI'I • Special Allowances 15 XIII• •' ` Term 25 XXXII €; • Tuition Reimbursement & Education Incentive 21 XXI II !' • Uniform Allowance 17 XVI • Vacation Leave 8 IV CITY OF LODI CITY OF ISI AND POLICE OFFICERS ASSOC1ATUN OF ISI 1989 - 1992 POAMOU89 Page 1 of 31 \ CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI Mou 1989-1992 The terms and conditions of this MOU are applicable to Police Officer Trainee, Police Officer Trainee I I , and Police Gfficer. It is mutually agreed that this document supersedes all previous MOU. The terms and conditions of this MOU shall continue in effect during the term of this MOU, L.2 The City and the POAL mutually agree that the City shall grant dues deduction to :.Ci ty.; employees who are members o f the POAL i n accordance with the terms and::'conditions set forth in Section 4, Rule 2 of City of Lade' Resolution No. k. 3344 entitled "Adopting Rules and Regulations to Implement. Provisions of the Employee -Employer Relations resolution." The POAL shall'indemnify,. Wen'. `. vd hold the City of Lodi harmless against any claims made and against any c: suit instituted against the City of Lodi on account of check -off.. of said employee organization's dues. In addition, the POAL shall refund to,.the ti'ty_ any amounts paid to it in error upon presentation of supporting,-evidence:_t;y: Rs, ]1.3 Effective October 8, 1984, a new classification of Police Officer Trainee' shall be established. All new hires in this classification shall remain In.,•:. ,.;"` this category until they have been fully certified to work without a Fiehd:; Training Officer. Upon graduation frcm an accredited Police Academy officer shall be sworn in and is eligible for a step increase. While assigned to an Academy, officers in this category are exempt from all rules and agreements relative to hours and shifts. + Page 2 of 31 +;;iris.. � .�.....,. ,.. - .. .... .. . CITY OF LODI--- CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 2.2 STEP ONE Discussion between the employee and his or her immediate supervisor (Sergeant). If the immediate supervisor is unable to satisfactorily resolve the dispute or if the i maned i s to supervisor Is a party to the grievance, it shall be referred to the next supervisor in the chain of command (Watch Commander), who shall attempt to resolve the dispute. This action shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. Page 3 of 31 i i. s..s. CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOu 1989-1992 3 STU W If a grievance is not resolved in the initial step, the grievant shall within five days prepare a statement clearly indicating the questions raised' by the grievance and submit it to the Division Commander, who shall answer: in : riting within fifteen work days. l 2.4 = STEP THREE FF If a grievance is not resolved by the Division Commander or his .or.her. designee, the Third Step shall be a presentation of:. the grievance, �n wry ti ng, t o the Police Chief, who shall answer i n wri ti ng � wt t I n Ti fi:een days of the: eceipt of the grievance. This filing to the Police Chefhal,k be wi ttii n . if teen nark days of the answer from the Division . Commander Z. STEP FOUR If a grievance is not resolved in the Third Step, the rQu� h Step shall ba _ ".:presentation of the grievance in writing to the City:Manager, who 5ha71 answer i n writing within fifteen work days of the recei-+ �f +►,o . N,o.,a"pro The Fourth Step shall be taken within fifteen work days of .the date:of the'` answer in Step Three. is ;2.6 STEP EIVE` t If the issue is not resolved in the Fourth Step, arbitration shall be the- final level of appeal for grievances and discipline. Only the Association 3 may appeal to arbitration, and must notify the City of such within fifteen calendar days of the Fourth Step decision. pg#8 � 8f 31 CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF L P44P §1 9t 31 Within twelve calendar days after the request for arbitration �§ received by the City or a t a date mutually agreed to by the parties, the parrt'Qs shall meet to select an. impartial arbitrator. If., no agreement is reached `at this - meeting, the parties sf 11 immediately and jointly request: the;' State r' Conciliation anl of� f�ye Mediation Service to submit to them "pane a~' ar itrators from which the City and the Association shall jternately'stryke. names until one name remains; this person §hall: be the arbitrator.' The order of. striking _shall be determined by lot. If the. State�.;Concilzati`on and Mediation.Service cannot. pr f::`:five :arbitrators; the sacral''regtiest� l i t s n vide a s , a m, shall: be. made of; theAmerj an Arbitration Assoc To insure, tha the is as brief and economica� ashy arbitration process to: possible, the following guidelines shall be adhere a: An arbitrator may, upon mutual issue a consent of. the .parties, 4 decision,. opinion, or award orally upon submission of the arbitration., b. Both parties and the arbitrator may tape record the hearing: There shall be no official transcript required, however,. ether party r niry utilize a court reporter at its own sole e p xPo..'sg cost OT a court reporter required by an arbitrator shall be shared equally by the parties. P44P §1 9t 31 4 CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI Mou 1989-1992 d. In grievance arbitrations, the parties may agree to prepare a joint I at a hearing shall letter submitting the issue in dispute. The letter shall present the to those determined by the matter on which arbitration is sought and shall outline the Agreement to have a direct provisions governing the arbitration. It may contain mutually agreed t on stipulations of fact and it nary be accompanied by any documents that . the parties mutually agree shall be submitted to the arbitrator in, should be advance of the hearing which may not necessarily be stipulations of only in the fact. Further, if the parties mutually agree, the entire matter may be his or her submitted to arbitration for review without a hearing. Absent representatives. agreement to prepare a joint letter, the parties may submit separate'.' letters. e. The strict rules of evidence are not applicable. and the hearing shall.. f be informal. f. The parties have the right to present and cross examine witnesses, issue opening and closing statements, and file written closing briefs Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he or she_. determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection w t the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his or her representative and the employer's representatives. i. The arbitration hearing will be held o,i the employer's premises. Page 6 of 31 i CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI j. The cost of arbitraticn shall be borne equally by the parties.::. However, the cost, if any, of cancellation or postponement shall' bethe'-- financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed, 4y, t parties before and during the hearing. The decision will be in writing --:.:and'... it shall contain the crucial reasons supporting the decision and awa.rd.... ".The:, arbi�tr�ator has no power to add to, subtract. from, or.: madi.fy:;the terms;>:of "ahe agreement or the written ordinances , resolutions; rules, regulatsons, and proceoures of the City, nor shall he/she impose any l.mitetions or obligations not specifically provided for under the, terms of this MOV. The Arbitrator shall be without power or authority to. make.. any ,';decision that requi res '.. the City or inanagement to do an act prohi bi ted by l aw. The arbitrator has no power to add to a disciplinary action. The arbitrator's decision shall be final , binding, and precedentia1 and:: the:; arbitratv's decision shall possess the authority to make an employee whoi,e to . the., extent such remedy i s not limited by law, including the authorf : to ; award back pay, reinstatement, retroactive promotion where appropriate, ' and to issue an order to expunge the record of all references to a disciplinary`. action if appropriate. The arbitrator shall have the authority to make all arbitrability and/or, grievability determinations. The arbitrator shall make grievability and/or' arbitrability determinations prior to addressing the merits of the case. Page 7 of 31 r=: tax, .•�..:::z;—.-_ ,.>.a..<...._.._. .. S;? ,�`�i'.•�,*`'+`iR ;;ri:. �i,.' ;. ,,,r. _ __._. .__. ....... _.._ .-.....� .... ' - 3 --�.. .e-.__•_ v CITY OF NODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 By filing a grievance and processing it beyond Step Three, the grievant " expressly waives any right to statutory remedies or to the exercise of : any legal process other than is provided by tnis grievance/arbitra'fii procedure. The processing of a grievance beyond Step Four shall constitute` an express election on the part of the grievant that: the grievance/erbt ration procedure is the chosen forum for resolving the issues contained in. tl e grievant, and that the grievant wi]]. not ,resort to any other t forum or procel ure for resolution or review of the issues The, parties ."do not intend by the provisions of this paragraph to preclude' --the enforcement of :. ` any.arbitratioi. award in any court of competent jurisdiction. : • r y 27 Failure by either party t o meet the aforementioned t7me l imp is vv� l l result in.. forfefture:ty the failing part:'. Grievance settled `by forfeiture siial] not bind. either party to an interpretation of .this' MOU, nor shall such t settlements be cited by either party as ' evidence. in the settlement of '. subsequent grievances, _ t r: 2:8 Each.. party -,:involved in the grievance procedure shalt] act :quickly so that the : grievance may be resolved promptly. Every effort should be made to'complete action within the time limits contained in the grievance procedure, 'but w the. vritten consent of both parties, the time limit for any- step; may :,be extended, j ARTICLE IV - VACATIOK LEAVE 4.1 Vacation accruals shall be as follows: a. 1-5 years - vacation earned at the rate of 10 days a year. (3.08 hours per pay period.) b. 6-15 years - vacation earned at the rate of 15 days a year. (4.62 hours per pay period.) Page 8 of 31 e CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 C. 16-20 years - vacation earned at the rate of 20 days a year Hol i day Leave. r 5.2 Police Officers assigned to patrol shall have holidays scheduled off ift one -shift increments (usually on Wednesdays). There shall be no fixed holidays during the year with the exception that the current practice of i.. Thanksgiving, Christmas, and lav Year's holidays be fixed (i .e. , the actual date on which the holiday fal s is recognized and therefore taken) for officers assigned to motors shall be continued. Page 9 of 31 (6.15 hours per pay period.) ! t Each year over 20 years - vacation earned at the rate of 1 additional day per-.,- er 3' year, year, to a maximum of 25 days a year. [Additional .31 hours per pay period.] 4,. 2 Dur ng the first continuous 12 months of employment. no vacation days Ji6iTT be. arned . For example, an employee who terminates employment-eason during the first twelve months of emntnyinent shall not be entitled to any ,° payoff for vacation days. 4.;3 At the comp.let on of 12 continuous months of ar,ployment, 80 hours of,."vacation V leaves all, be credited to an employee's account. t'A Vacation leave may not be carried over to the next -calendar year-.�n excess of the amount ear ed in a calendar year unless authorized by Manager. the Cityccc r f ARTICLE V - FXX]DAYS . 5.1 Effective. January 1 of each year, each person assigned to patrol shall be. ' granted_ 110 hours of Holiday Leave. All others shall be granted 88 hours of _ , Hol i day Leave. r 5.2 Police Officers assigned to patrol shall have holidays scheduled off ift one -shift increments (usually on Wednesdays). There shall be no fixed holidays during the year with the exception that the current practice of i.. Thanksgiving, Christmas, and lav Year's holidays be fixed (i .e. , the actual date on which the holiday fal s is recognized and therefore taken) for officers assigned to motors shall be continued. Page 9 of 31 .3 nCITYCITY OF LODI ===n- CITY 01 LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1981-1992 Officers assigned to special assignments shall observe the following holiday schedule: t, lav Year's Day January 1 1. Washington's Birthday - 3rd Monday in February l' Memorial Day - Last Monday inMy ;. Independence Day - July 4 tabor Day - 1 st Monday i n September Thanksgiving Day _ 4th Thursday in PJovember '? Day after Thanksgiving - Friday following Thanksgiving Day 1 Christmas Day - December 25 If one A these days falls on a Saturday, the procee,.ing Friday. 'steali be 06sarvEd, and if one of these days falls on Sunday; the'.succeeding: Monday shall be observed. In addition, if Christmas Day,, falls on ;a Wednesday, Ttursday or Friday, officers working plain clothes :assignments shal'Ik have an` . additional half day off on December 24th. Should Christmas Day fail on a r Tuesday, officers working plain clothes assignments shall have an additjonbai r full day off on December 24th. 5.4 Officers may take off three additional days during the year_ at a time mutually agreeable to the officer and his or her supervisor. r 5.5 In the event an officer's request to take a holiday israni ioil Ansi clirh';:: holiday cannot be reasonably rescheduled, those holiday hours may be carried over for use in the following calendar year. 5.6 If a Police Officer is transferred from patrol t, special assignment or vice versa, the remaining Holiday hours shall be adjusted to reflect an equivalent number of days o f f . 5.7 Employees hired mid -year shall be credited with the remaining fixed holidays shown in Section 5.3, plus on:: additional holiday for each 4 month period remaining in the year. Page 10 of 31 .._..c. � - r'.' i'l^ , ..•rte :,3'k- ..:.y' .E- • ��. CITY OF LODI CITY OF ISI AND POLICE OFFICERS ASSOGATUN OF LODI ARTICLE \4 - SICK LEAVE i'. l Employees shall accumulate sick leave at the rate of 3.70 hours per pay 1 period. Sick leave may be accumulated to an unlimited amount. ARTICLE VII - SICK LEAVE CaNkUNJ.q ,: For _al l u.r used sick leave, a represented employee with ten .years of employment ►, i t h the City shall receive medical ,insurance :coverage upon retirement .(t u t not upon resignation or termination) on the :following basis After ten years of employment by the City, :50% of the represented employee's unused sick la;%va Qh.11 hp converted t o months of medical insurance at the rate of- one fone month's coverage for employee and dependent coverage for each day of unused sick leave as adjusted herein. For each year that an employee has been employed by the City i n excess of ten years, the employee shall be entitled 't o add 2.5% to the 50%before convert ng the unused sick leave to months of insurance. 7.2 Employees enrolled in the City of Lodi Health Pian may elect to defer using this sick leave conversion option for a period of up to five years following retirement. 7.3 The City shall pay up to $170 per month for medical insurance premiums for retirees and dependents for those who retired between October 8, 1984 and November 1, 1`.85; up to $185 per month for those who retired after November 1, 1985; and $225 per month for those who retire after October 1, 1989. Page 11 of 31 3 z » � � CITY OF LOW [TTY OF LODI AND POLICE OFFICERS ASSOCIATION OF LDDI MOU 1989~1992 .4 In accordance with the sick leave conversion provisions, -a surviving spouse:, - may at his or her own expense continue medical insurance at the !�Pl Oy "-e.60:�q:-�.-�� premium for the same period if the employee had not died. 7..,5 A retired employee may choos,- to receive a cash settlemel'ntJor- unused sfck,.-;. ea at the rate of nder :t is'..,provisA employee's sick leave balance at the' time' of retirement dollars at the emt)lovee''s current Day rate. .7.6 Represented employees who reti re on a service retirement -tha1l have th ARTICLE X MEDICAL INSURANCE 10.1 - he City agrees to make available the following medical ins "Lodi. The indemnity medical insurance Dlan known as the' "CitY of H Plan"; and b) Plan 0 of the Foundation Health Plan (HMO). . . . . . . . . The choice of the two medical insurance plans is a t the sole option of the.' 10.2 The City agrees to pay the following sum for this benefit: Erqi oyee $115.40 per month Employee and Dependents: $261.20 per month The employee i s responsible for $13.30 per month for dependent coveraqp— Page, �12 of j3i ' CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF IM MOL' 1989-1992 10.: The City agrees to pay all increased costs of premiums for employees and two-thirds of any increase in dependent premium for the term of this agreement. It is understood that the nu4nm increase to the employee shall be $13.30 per month per year. 10.4 . The. maximum,benefit during the lifetime of each insured employee dep'endent. or : 1 -44 TT --1,1- 'nl-- Employee $17.65 per month Dependent $27.72 per month The employee is responsible for $3. ",0 per month for dependent coverage. 11.3 The City agrees to pay all increased costs of premiums for employees and two-thirds of any increase of dependent premium for the term of this MOU. It is understood that the maximum increase to the employee shall be $3.30 per month per year. Page 13 of 31 ,: • .,."?S�'''��^'�+r.•xM "`5"�'iFS44i;; ,:,. ..fir.+ ...s.+rq; .�.. _„ ?au;�. .,...�. � a .. .. . '<.S�Y-!3;';l'�'!¢. a 'b : ry�^i.t:-«:>.:>,. • ��---- • CITY OF 1001 CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 PREVENTIVE SERVICES PLAN PAYS 100% IW E® DENTAL INSURANCE PLAN GENERAL SERVICES — — — — :--------..------------.---- LS MAJOR SERVICES Pt AN DAYC ft511 PLAN PAYS 50a EMPLOYEE PAYS BALANCE EMPLOYEE PAYS BALANCE calendar year deductible' Employee pays $25.00 . x-rays badges &dentures . fillings crowns: &gold . general anesthetics restorations . injectable antibiotics replacement `of . extractions damaged appliances . oral surgery . endodonti c s' periodontics h' :t . repair of prosthetic appliances The plan covers charges up to those made by most dentists t 'to individuals in the area for covered services and supplies. MAXIMUM BENEFIT .... $1,000 for each insured family member," each calendar year. 11.4 The City agrees to provide at its expense a vision care plan equivalent tp 4 the VSP Plan B with a $25.00 deductible for employee and dependents. The j entire premium shall be paid by the City. Page 14 of 31 __•.,........ CITY OF LODI CITY OF LODI AND POLICE -OFFICERS ASSOCIATION OF LODI MOU 1989-1992 K-9'PROGRAM Officers who have demonstrated a proficiency in the Spanish language shall receive an allowance equal to 50 of their normal base pay. The City shall be the sole judge as to whether an officer has the necessary proficiency. Pale 15 of 31 Mom CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 ARTICLE MV LAYOFF PROCEDURE Before any employee of a higher seniority group is laid off, all persons in the junior group must be laid off first. Page 16 of 31 :14:1 In the event that reductions in rank or layoffs of Police Un -it personpel,. are necessary, the following procedure shall be followed. a. Any reduction in rank shall be based entirely on seniority The employee having the least classification seniority shall be edUice d first and transferred to the next lower classification to whichhe or she previously worked. b. I f. an emloyee is:reduced in rank he or'she shall- ti, M e or.. she was�� , all other- empl oyees, of similar I ar rank to which hreduced been laid off (i.e., if a Police Sergeant is reduced t .,..,o ce,,:, in.!ranv ol n. Off icer,..he or she. must then be the last Pol'ice Officer'. -4 regardless of the -'seniority of the other Police Officers) �.� C. All layoffs of Police personnel within the seniority span of_siryce�_ -i - shall 'be by merit (at the discretion of the 'Ci,ty Ma e'r 'upontth, ev recommendation of the Police Chief). The seniority spans' of'service are as follows: All Police Officer Trainees based on seniority:; then:, (2) All Police Officers on probation (I year period); then (3) All personnel with less than 2 years seniority; then (4) All personnel with 2 to 3 years seniority; then (5) All personnel with 3 to 6 years seniority; then (6) Personnel with more than 6 years shall be laid off by seniority. Before any employee of a higher seniority group is laid off, all persons in the junior group must be laid off first. Page 16 of 31 n_: CITY OF LODI ------------- Z% CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 1`. d . Reinstatement shall be in reverse order of layoff or reduction in rank 16.6 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired in accordance with departmental policy. Page 17 of 31 i (i.e., the last Police Officer to be laid off would be first Police Officer reinstated.): ARTICLE XVI - UNIFORM ALLOWANCE 16.1 paid on a quarterly The uniform allowance shall be $600 annuallyy basis. 16.2 The City. agrees that upon request the City shall provide each officer a set offoul "weather garments and boots. 16:3 The City"'agrees to pay a sum of $1,200 to offset the initial uni'formrand equipment. costs required fora motor officer andto pay; an additional $2.00 quarterly uniform allowance for those officers assigned to motors 16.4 If, an officer fails to complete an 18 -month assignment he- or she aorees to j: reimburse the. City on a prorated basis of $66.67 for each month completed. If he or she is relieved for lack of performance ,)e`fore the mir6nun 18 months, he or she shall also reimburse the Cityon the same prorated basis. If he or she completes the 18 -month assignment the equipment ' becomes, the officer's sole possession. 16.5 The City agrees to provide each officer a set of "Threat Level 2 or 3-A" body T armor. When an employee is on patrol he or she agrees to wear his or- her body armor. If an officer fails to wear the body armor he or she shall not be paid for each hour or part thereof that the body armor is not worn. i. 16.6 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired in accordance with departmental policy. Page 17 of 31 i CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 ARTICLE XVII LEAVES OF ABSENCE LEAVES OF ABSENCE 7.1. The City and POAL mutually agree that inability to return to work after an employee.'s sick leave has been exhausted shall be considered an urgent:'.a'n d:..,, substantial reason for the granting of a leave of absence in accordance -With., Rule DC, Section 3, Rules for Personnel Administration, City of L.odi-.,,.. California. I7 2 e�: interprets this Section as providing that'. the conditions under'which an :empIO3 ee shall be restored to employment on the -termination of- eave Cof `- lbsence shall be stated as clearly as possible at the .time by the...: conjunction with the granting of the leave of absence. j.The. City reaffirms its",policy that an employee's status as a permanenteno.joyee. isn6tI mpa1r d by such leave of absence. NIAIHR%IIY LEAVE . .. .... 17.3 Police Officers who are working are entitled to use sick leave,.vacation','' . leave for disabilities caused or contributed to by pregnancy, miscarriage;',: - z childbirth, and recovery therefrom on the same terms and conditions governi leaves of absence for other illnesses or medical disabilities. tu— h ::heave';'" shall not be used fo- child care, child rearing, or prepara+ir-%- n n childbearing, but shall be limited to those disabilities as set forth above..., The length of such disability leave, including the date on which the leavi'.%. shall commence and the date on which the duties are to be resumed, shall 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. Page B of 31 A \ c:TY of LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 f B. 17.4 Police Officers are entitled to leave without pay or other benefits for up td._ Lit. four months from the date of disability for disabilities because of pregnancy, miscarriage, childbirth, or recovery therefrom when sick leave has- been exhausted. The date on which the employee shall resume duties shall be t determined by the employee on leave and the employee's physician; however,__ physical examination of the employee by a physician appointed by, the.:City. 1.. 17.5 In the event a physician confirms pregnancy, the affected police officer shall be removed from patrol duty and be placed in an appropriate assignment "without prejudice. Officers shall also be removed from earl; exposure, ,for w., . do ties other than food preparation immediately fol.howing:the.confirmation of t. pregnancy. _.<,.. 17.' 6 An employee on leave for pregnancy disability under tins:.. ol;i,c 'shaI --;4 be p g Y Y P Y s> t - entitled to return to the same position, or to a position` comparable, to ,that :.. s `qr, held at the time the leave commenced. A physician's release must be :provided prior to an empioyee's return to work. 17.7 An employee seeking pregnancy/disabil ity leave shall be required to provide a reasonable notice i n writing (not less than four weeks) to the. Ci ty of .the anticipated date upon which leave shall commence, although the commencement r date may vary according to the employee's actual disability. Shii`must also.;` provide an estimate of the duration of the leave. 17.8 Employees who are placed i n a Leave Without Pay status fol l owi no the expiration of sick leave, vacation, or compensatory time off, such that the employee is no longer in a pay status shall not receive employer paid 1 b f•i t H 1 h b f' b d h 1 ' emp oyment ene D. ea ene t i s may e con t nue o a t t emp oyee s expense, however, employees placed in Leave Without Pay status due to disability shall receive a three-month extension of medical coverage at the employer's expense following the month in which the employee is placed in such status. Page 19 of 31 CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI Page 20 of 31 FUNERAL LEAVE 1T 9 A permanent: i mployee, including an employee on probation o r a Pol ice`Offlcer ` Trainee, : shall be permitted to use sick leave, vacation leave,:; -holidays or _ compensatory time off to attend the funeral of a member of 'their irtmfedia.te.. family; including the time the deceased may lie in state, the .day: of the funeral; and the time necessary to travel to and from'the location of Lhe ;" funeral , but f o t to exceed three working days. The immedi ate fame ly;, shal l ;be limited. to .the following: Spouse, Parent Child _ Grandparent Grandparent -in-law Grandchr]d Son in .law Daughter-in-law Ste child • A 4 r: : Brother...: Sister Hal.,f brother Half sister Foster parents Parent 7n law.:, `V Cr a more distant relative who was a member of the employee's immediate : rhousehold:at.the time of death. -; TY 17.10 A permanent employee, including an employee on probation, or a'`P.olzce Officer t' Trainee, shall be permitted to use sick leave, vacation leave, holidays, ;or compensatory time off to attend the funeral of a: person e.;_...employee, may be e reasonably deemed to me respect, but not to exceed one day. ARTICLE XX - PROBATIONARY PERIOD 20.1 During the probationary Period the probationary employee shall be entitled ;:% to sick leave bensfits. Annual step increases shall be granted at the successful completion of probation. Nothing herein shall be deemed to alter the terms or conditions of the probationary period following ;promotion. Page 20 of 31 CITYOF .ODi R• Y.- CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 ARTICLE XX1 - PERS b A.A. $25.00 per month B.A. (Police Science) $50.00 per month Intermediate POST Certificate $25.00 per month Advanced POST Certificate $50.00 per month If an employee possesses a B.A., it is assumed he or she has an A.A. and shall be paid accordingly. Page 21 of 31 .�:..�',4'�'.:'.+.=1s+k-.........�.....__`: .•oxxi �•rccr•,.,.r-.:: �..i. .+_��.+, \�',. r, J ...--:sb, -rr:'� .ted h%_"t'yq�,� \ Irw ---- CITY O F LODI ars, CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 P c. If an employee possesses an Advanced POST Certificate, the Police Science -- major requirement for a B.A. shall be waived. d. No employee shall be entitled to additional pay provided in this paragraph until conipletion of the appropriate probationary period. i-JUITION`.REIMBURSEMENT 23.2 .;.The City shall. provide $300 per fiscal year for tuition reimbursement or_:the J cost of tuition and books for two courses per semester for'coursewor'k at a State university beyond. the .level of an Associate of; Arts degree, to;:be paid, u on the satinfactor com Teti p y' p on. of job-related coursework '• - �. ARTICLE XXV111 - HOURSAND AND OVERTIME 1 { HOURS' 28-1 Patrol personnel shall work a "10-4" plan. 28.2 It is mutually agreed that the City has the sole right to assign personnel, - to establish hours of work and work schedules, to make ,changes to those , t' schedules,'to schedule employees off on compensatory time, and to:_schedule �F�. ♦ ... .. T hol id< ys and vacations, all depending on the "needs of the.:service" j 28.3 The 10-4 workday schedule is shown as Appendix A of this document. : `s 28.4 Officers called to appear for work within two hours of the beginning of a shift, or one hour after the shift, shall receive compensatory time off at the rate o f time and one-half. Such appearances shall be reported as contiguous shift extensions. If the appearance begins more than two hours before or more than onw hour after the scheduled shift, the employee will be credited a minimum of three hours at tr e time and one-half rate. Page 22 of 31 CITY OF L001 CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI Wl n an officer is ordered back to work on an "as soon as possible" basis reports within thirty minutes, the officer shall be compensated from the time:;' of the call. 28.8 Court appearances which are within two hours of the beginning of a shift or within one hour of the end of the shift shall 5e compensated at the time and one-half rate. Such appearances shall be reported as contiguous shift extens ions . 28.9 Cancellation of scheduled appearance must be made at least two hours before) said scheduled appearance or the minimum two hours shall be paid. li Page- 3 -of -11 -`,. 'y'F`d'V��frs�,`�r:..n......,.. ... ... .. :: y; .<ti•,x 7y-ro.r,..,...-....._-,.......rm. ... 'is - "� .. ;•s .law- t R� L7: '%3!t;sr �+aF r -y +„ � � � .. CITY OF LOOI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LORI MOU 1989-1992 Officers assigned to the Qraveyard shift who are scheduled for a. court.%. appearance within the day preceding, their normal sJadU shall . be granted at::....-. his or her request an eight hour rest period plus reasonable and appropriate travel time from tha *imn .,f +tio;r M-4-1 fM)m court. Any work time. missed in order to allow this eight-hour rest period may be charged ; to:� ythe employee's appropri ce leave balance at his or her option. AZILCLE XXIX CITY RIGHTS a . Maintain the efficiency of governmental operations. Determine the methods, means, and personnel by which government operations are conducted. . Take all necessary actions to carry out its miss on in emergencies. . Exercise complete control and discretion and the technology of performing its work. Page 24 of 31 -� CITY OF lOfll ==r CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to take disciplinary action, and to determine the content of job classifications; provided, however, that the z exercise by the City of the rights in this paragraph does not preclude employees or their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may :hare - on wages, hours, or other terms and conditions of employment . _. •R: ARTICLE XXXII - TERM 32.1 Covering the period beginning October 2, 1989 through the pay period which encompasses October 1, 1992. Page 25 of 31 / Police Officer 2598.19 2728.10 2864.51 . 3007.74 3158.13 Page 26 of 31 J CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI ARTICLE XXXIII SALARY MOU 1989-1992 33.1 The following salary rates shall be effective the pay periods which encompass:. r; the following dates:. October 2, 1489 M O N T H L Y A B C D E. Police Officer Trainee 2055.33 2158.10 2266.00 2379.30 2498.27 Police Officer Trainee II 2055.33 2158.10 2266.00. 2379.30---; 2498.27 . ' Pol i ce Officer 2379.30 2498.27 2623:18 2754 34 <` 2892 06 April 2, 1990 MONTHLY yr U' =-- ----= A B C p .. E - Police Officer Trainee ------- 2137.54 2244.42 ------- 2356.64 2474,.47 - - 2598 19 Police Officer Trainee II 2137.54 2244.22 2356.64 2474.47 2598.19 Police Officer 2474.47 2598.19 2728.10 2864.51 3007 74 October 1, 1990 M O N T H L Y s --------------- A B C D E Police Officer Trainee 2244.22 2356.64 2474.47 2598.19 2728.10 Police Officer Trainee II 2244.22 2356.64 2474.47 2598.19 2728.10 Police Officer 2598.19 2728.10 2864.51 . 3007.74 3158.13 Page 26 of 31 J CITY OF LODI CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MMU 1989-1992 33.2 Beginning the pay period encompassing October 1, 1991, the salary rates shall::. Employee Retirement be determined by the POAL and the City by surveying each agency specified in Composite the MOU section titled "SALARY SURVEY" (Article XXXIII) to determine the top,,. Contribution Paid step of the base salary range (i.e., traditionally the "E" step, excluding = Compensation the portion of the employee's contribution to a retirement plan which 1 s paid (R-1 - R-13) by the agency, if any, and uniform allowances in effect al the beginning of*:; (C-1 - C-13) said pay period. Any discrepancies i n data shall be. decided by the.? payroll or. personnel manager in the affected agency. The survey data shall be converted to monthly dollar amounts and a mean calculated. Such mean shall ,• then be reduced by the percentage of the contribution by the,. City,.:of Lodi . �. toward the employee's share of PERS (i.e., 9% of base salary) and then by the ° --` current monthly uniform allowance paid by the City. to arrive ate the 'adjus;ted top'step of the base salary range. The now adjusted monthly salary figure shall then be increased by one percent (1.0%). The top :s to of a Lodi Police Officer shall then be incr..eas-d`:;.t0'..,. P resulting amount or increased by 51, whichever is greater. The 1 ower steps o f the Police Officer salary range and the steps of . the..20 i ce Off icer Trainee and Trainee II salary ranges shall be adjusted proportionally:.. ` Cat cul ati on: For each of the 13 agencies listed in the MOU section titled; "SALARY SURVEY", calculate the following i n monthly dollar amounts only: Pol ice Officer Employee Retirement Uniform Composite Top Step + Contribution Paid t Allowance = Compensation (S-1 - S-13) -------------- (R-1 - R-13) (U-1 - U-13) (C-1 - C-13) Total the above sums f o r each agency (Grand Total C) and divide by 13 to arrive at a mean composite compensation (Average C). Page 27 of 31 �5 ,.... ''�: A'�-i ei. ^'ksM.-.. .. w...._..._.-. CITY OF L001 CITY OF LODI AND POLICE OFFICERS ASSOMT10N OF LM MOU 1989-1992 Reduce the mean composite compensation (Average C) by the percentage of tho employee's retirement contribution paid by the City (900 and,the-monthly_ uniform allowance to arrive at a monthly base salary figure (AverageAdjusted Salary). This figure is then increased by 1.0% (Final Salary). Monthly Top Step Monthly Employee Monthly Base Salary Contribution Paid Uniform Composite Police Officer By Agency Allowance Compensation Antioch S-1 + R-1 + U-1 G-1_ h p+ + �� 13.• S-1 - S-13 + R-1 - R-13 + Grand Total C divided by 13 = Average C U-3 C-3 avis s-2 R-2 U-5 E1:Cerritcs-3 U-6 + R-3 + C=7 Fairfield s-4 + R-4 + Manteca s-5 + R-5 + .' Modesto` ` S-6 + R-6 + F ittsbcrg s-7 + R-7 + Pleasanton S-8 + R-8 + Rosevi l le s-9 + R-9 + Stockton s-10 + R-10 + Tracy S-11 + R-11 + Vacaville s-12 + R-12* + Woodland S-13 +R-13 + S-1 - S-13 + R-1 - R-13 + Grand Total C divided by 13 = Average C U-3 C-3 , r - U-5 C -S U-6 C=6 U-7 C=7 U-8 = C -B U-9 C-9 U-12 _. - C-12 U-13 C-13 U-1 - U-13 = C-1 - C=13 = Grand Total C Average C divided by 1.09 minus Uniform Allowance = Average Adjusted Salary Average Adjusted Salary times 1.01 = Final Salary * Amount paid by the City Gf Vacaville to employees having 2% at 50 retirement option. Page 28 of 31 CITY OF LODI rte.. FCITI=,O=F LODI AND POLICE OFFICERS -ASSOCIATION OF LODI MOU 1989-1992 SALARY SiZILY 11 The City and the POAL mutually agree that the salary survey cities shall �e as follows: I ARTICLE XLII - EMPLOYEE RIGHTS 42.1 The City agrees that all disciplinary actions shall be taken in a timely manner, recognizing that imposing discipline, grieving such discipline, investigations, and criminal proceedings may preclude timely action. This process also includes investigations of the complaint, recommending discipline to the office of the Chief of Police, and the imposition of discipline. Page 29 cf 31 --'--a:5a'e'r� - �x�+alt+�'R'7nn-: J,��s..-: u..,..,...:...,..,.�,,nw.-�c�.'f'��":adf''a`iG��,`,�.sr+�.rbfr.=,TMV�txcff°,rk.r',e"!�„",.a7�z2P.r•'r„-�. .-, .. CITY OF LODI + CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 �.� ThS C; tj. a�regs to prgyide each represented employee with copies cf sp:ecia� AVranee nonoral nriiorc traini nn hnllntinc _ donartmpntal rules and regulations; and a Egg of this MOU. ' 42 3� The City agrees not to interfere or in .any way discriminate against an employee for exercising his or her right to belong to 'an emplIi ee.� organization or to exercise his or her rights under this MOU. 42 4 - Both the City and the POAL.agree that no employee shall' be subjected to any r , ;. discrimination by' the City or fellow employees 'in any matter trelating to LS t t hiring, nee;^^.,,e^+ .•��^^� ^� ^^^:+itaons of employment beeause of crge�; cglSr; gr national origin. 'age sex .., .. „w,.. „�, .,. , .,. a 42:5 Within IO work days, excluding weekends and holidays, after .the conclusion of >: an administrative inVPStinatinn_ the Cn pf of "police or his. designee sha11 notify the employee of any recommended discipline to be imposed t ARTICLE XLIII - SEVERABILITY t 43:1. In the event" that any provision of this MOI; .is found by a court "of competent _ to be invalid. all other provisions shall be severable and shall ;a. .iurisdiction ? continue in full force and effect; Y 3 - f2t 4 F i f Page 30 of 31 . ?.��... .�. .... ..s.�x.. 3.49=Y•'.�:�'.-..•.lti'�W�tw e...�.-. �.r...."..�..asrw ::i�.. .,Y.Y•w; 4._7� T�i «,.'�r''i3'?:x!r..: rA�^.�... i�'AY!..^.. `ir-.sem...--. _-. r'— CITY OF 1.001 CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI MOU 1989-1992 �.DLICE OFFICERS ASSOCIATION OF LODI t;l'rz Ur' LU1J1 �jj ? Monroe, roi ne UTTicer D-e—nni s Lewis , Pal ice Officer Date cer. Larry Manetti , Police Officer Date a F Date POAMOU89 Page 31 of 31 RESOLUTION NO. 89-168 ---------------------- ---------------------- id A RESOLUTION OF THE LODI CITY COUNCIL ADOPTING THE SAS.-tRY SCHEDULE ADOPTED UNDER THE NEW MEMORANDUM.OF UNDERSTANDING BETWEEN THE iITY OF LODI AND THE POLICE OFFICER'S ASSOCIATION OF LODI t: FOR REPRESENTt"; POLICE EMPLOYEES AND MID -MANAGEMENT POLICE PERSON14EL 1 89-168 RES89168/TXTA.02„