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Home My WebLink AboutResolutions - No. 96-135RESOLUTION NO. 96-135 A RESOLUTION OF THE LODI CITY COUNCIL RECEIVING MEMORANDUM OF UNDERSTANDING FOR THE POLICE OFFICERS ASSOCIATION OF LODI (POAL) BE IT RESOLVED, that the Lodi City Council does hereby receive the Memorandum of Understanding for the Police Officers Association of Lodi (POAL), effective October 7, 1996 through October 3, 1999, as shown on Exhibit A attached hereto. Dated: September 18, 1996 I hereby certify that Resolution No. 96-135 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 18, 1996, by the following vote: AYES: - COUNCIL MEMBERS - Davenport, Mann, Pennino, Sieglock and Warner (Mayor) NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - None J IFER AGI. PERRIN City Clerk 96-135 MEMORANDUM OF UNDERSTANDING CITY OF LODI AND POLICE OFFICERS' ASSOCIA TION OF LODI October 7, 1996 - October 3, 1999 CITY OF LODI D POLICE OFFICERS' ASSOCIATION OF LODI mom ARTICLE I - EMPLOYEE REPRESENTATION 1.1 This Memorandum of Understanding (MOU) is entered into between representatives of the City of Lodi (City) and representatives of the Police Officers' Association of Lodi (POAL). The parties hereto acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth herein. Both parties each certify without reservation that an adequate opportunity has been afforded its bargaining representatives to propose and vigorously advocate all negotiable subject matter during the course of collective negotiations preparatory to signing this agreement. City_ will meet and confer before changing a policy or general order that is subject to meet and confer under the Meyers-Milias-Brown Act. ---Beth-parties--eg{ee-that all-eistinivtleges—berref+ts—and-rg#rts-pessessecl-(3y both $arties- i�rei; -bat-met rights A�tic�e ��-I-e�ept-as-e--hanged-#�er�in-ar-e-ifer�}�-pr�tee�ed--�tetl}ing-ir�#ris-M9l�s#rall rpt(li€y-e�+stiff•-pQl+s�es;-�aeEiees--and--�v�r-� r-Arles-trrrless--speci#�c-ally--iflel�+ded-lr�--t#r+s-M(�lJ-: The terms and conditions of this MOU are applicable to Police Officer Trainee, Police Officer Trainee II, Police Officer and Police Corporal. It is mutually agreed that this document supersedes all previous MOUS and all practices not defined in this MOU.. Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City and the POAL agree and understand that if any section of this MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as 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 an issue. the applicable document (i.e. policy manual or rules for personnel administration) is controlling- State and Federal laws will be adhered to. 1.2 The City and the POAL mutually agree that the City shall grant dues deduction to City employees who are members of the FOAL 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." The POAL shall indemnify, defend, and hold the City harmless against any claims made and against any suit instituted against the City on account of check -off of said employee organization's dues. In addition, the POAL shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. An authorization for payroll deductions may be canceled or modified upon written notice to the City and the Association before the 20th day of the month in which the cancellation is to become effective, subject to the provisions of this article. Any dues check -off cancellation or modification notice shall first be forwarded to the POAL for notation and then returned to Payroll prior to any change in a members dues check -off. 1.3 The City shall make available a period of one hour to the association in each recruit class with an end toward education of each employee of the rights and benefits under the collective bargaining agreement, as well as other association benefits, and the responsibilities of the employee and the organization of the association with an end toward having an employee who would become a better association member and a better employee. 1.4 l ffeet+ve October 8; 1984;--a-fte-w-Blassifcatton--o€-Police-(3fficer-T{-a+nee--sltall-be est-ablished—.All All new hires in th+'5- the classification of Police Officer Trainee shall remain in this category until they have completed their_field.training.program_and-_beencertified to workas a Police Officer. Ijeen cul+}�eerti#+ed to-�vvrl� by+thet+t d Paliee Eorpera}fin Draft 4 September 4, 1996 CITY OF LODI AND POL-10E OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 J i ffemakl les, d -agree ent-54-e4 t-,e-ts-Ei�#s- 1.5 For purposes of continued certification of the POAL as the recognized employee organization for this unit, employees -who are members or hereafter become members shall maintain membership with the POAL for the life of this MOU except that any unit employee may withdraw from membership not earlier than ninety days nor less than sixty days before the expiration of this MOU. Such withdrawal must be in writing and delivered to the POAL. A copy of the request shall be forwarded to the Finance Department upon receipt by the POAL. 1.6 The City agrees to recognize the POAL representatives for the purpose of representing members of the POAL on all matters relating to the administration of this MOU, and, upon the request of an employee, on adverse actions and other matters which may be or are on appeal in accordance with Article II of this MOU. ARTICLE II - GRIEVANCE PROCEDURE 2.1 Intent and definitions of this section: a. 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, and formal interpretations and clarifications executed by the POAL and the City. b. 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. C. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and the POAL involving the interpretation, application, or 3 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LUDI - MOU - 1996-1999 enforcement of the express terms of this MOU and other terms and conditions of employment and matters of discipline. d. As used in this procedure, the term "party" means an employee, the POAL, the City, or their authorized representatives. The employee is entitled to representation through all the steps in the procedure. e. As used in this procedure the term "Calendar Days" excludes City recognized holidays. f. As used in this procedure, the term "discipline" means any form of discipline including but not limited to oral reprimands reduced to writing and commonly referred to as an "Employee Performance Observation" (EPO). Disputes about discipline__ Ahall_be, handled in accordancewith Section _2,2- bel ow_ �} euld a em eye------we-a-pegative-1✓PG- the-appeal-may--b"Fec-t�rther-tarrt;,e *%,--persefr-ift-#lie-ebaif--of-cflr ofar+d- 2.2 Disciplinary Action Through a Written Reprimand Disciplinary actions identified in sub -section 2.2a, 2.2b. and 2.2c may be appealed only in accordance with the procedure indicated in such sub -sections, and shall not be subject t to the general grievance procedure set forth in section 2.3. 2.2a. Emnloyee Performance Observation The employee must submit a written statement to the appropriate level of review clearly dentifving_.all_matter(s)._indispute_._within ten___(1_0)__calendar,days--after receiving negative EPO. The Division Commander is the appropriate level of review unless the EPO was issued by a Division Commander. 1n that event the Chief of Police is the appropriate level of review. The decision of the reviewer will be in writing and issued within_ ten _(10) _calendar days=___Once__issued __such -decision is_-fnal ..and is not_subJect to further appeal. 2.2b Written Reprimand 4 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 1 The Employee must submit a written statement to the Division Commander clearly identifying_ all matter�s1_in_dispute within ten (10) calendar_ days after receiving. the letter of reprimand. The decision of the reviewer will be issued within ten (10) calendar days. 2. If the Division Commander's decision does not resolve the matter, the employee may advance. the matter _to,the next step by lodging an.appeal with the Chief within ten (10) calendar days after issuance of the Division Commander's decision. The Police Chief will schedule a meeting with the employee and hear all evidence germane to the dispute. Thereafter. the Police Chief shall decide the matter within ten (1-Q)_days..__The _decision of the Police Chief shall be the final administrative step. 2.2c. Discipline Above Written Reprimand 1. The _employ_ee_must_submit _a written statement__to the Division Commander clearly identifying all matter(s) in dispute within ten (10) calendar days after receiving the letter of reprimand. The decision of the reviewer will be issued within ten(10) calendar days. _..__. 2. If the Division Commander's_decisiondoes „ not resolve the_ -matter the emelovee May advance the matter to the next step by filing a written appeal with the Chief within ten (10) calendar days after issuance of the Division Commander's decision. The Police Chief will schedule a meeting with the employee and hear all evidence germane to the _dispUte_.,_Thereafter. the Police Chief will decide the matter within ten (10) calendar days. 3. If the Police Chief's decision does not resolve the matter, the employee may advance the matter to the next step by lodp ,ing, an appeal to the City Manager within ten_(10),calendar_days after the issuance of the Police Chiefs decision. The City Manager will respond in writing within ten (10} calendar days of receipt of the appeal. 4. If the City Manager's decision does not resolve the matter, arbitration shall be the final level of_appeal for_disciplinary_action,___Only_ the associationmay._appeal_to arbitration, and must notify the City within ten (10) calendar days of the decision in Step 3. 2.3 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 STEP ONE Discussion between the employee and his/her immediate supervisor -{fie , If the immediate supervisor is unable to satisfactorily resolve the dispute or if the immediate supervisor is a party to the grievance, it shall be referred to the next supervisor in the chain of command --(Water-EemfnaMei), who shall attempt to resolve the dispute. This action shall be taken within ten ( gQ gAlendar_fl4fP--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. 2.4 STEP TWO If a grievance is not resolved in the initial step, the Grievant shall within twenty-one ten 10 calendar days prepare a statement clearly indicating the questions raised by the grievance and submit it to the Division Commander, who shall answer in writing within tweet"ne ten 10 calendar days. 2.5 STEP THREE If a grievance is not resolved by the Division Commander or his/her designee, or if the Division Commander is a party to the grievance, the Third Step shall be a presentation of the grievance in writing to the Police Chief, who shall answer in writing within twenty- ane- ten -(1_0). -calendar days of the receipt of the grievance. This filing to the Police Chief shall be within twenty-ene ten 10 calendar days of the answer from the Division Commander. ?--5 2_6 STEP FOUR If a grievance is not resolved in the Third Step, the Fourth Step shall be a presentation of the grievance in writing to the City iVianager, who shall answer in writing within twenty - ene ten 10 calendar days of the receipt of the grievance. The Fourth Step shall be taken within twenty-one ten 10 calendar days of the date of the answer in Step Three. 2.7 STEP FIVE 6 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 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 may appeal to arbitration, and must notify the City of such within fifteen ten 10 calendar days of the Fourth Step decision. Within twelve ten 10 calendar days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached at this meeting, the parties shall immediately and jointly request the State Conciliation and Mediation Service to submit to them a panel of five arbitrators from which the City and the Association shall alternately strike names until one name remains; this person shall be the arbitrator. The order of striking shall be determined by lot. If the State Conciliation and Mediation Service cannot provide a list of five arbitrators, the same request shall be made of the American Arbitration Association. To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion, or award orally upon submission of the arbitration. b. Both parties and the arbitrator may tape record the hearing. C. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. In grievance arbitration's, the parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may. contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, If the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. 1 7 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 e. The strict rules of evidence are not applicable and the hearing shall 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/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 with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representatives and the employer's representatives. I. The arbitration hearing will be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the 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 by the parties before and during the hearing. The decision will be in writing and it shall contain the crucial reasons supporting the decision and award_ The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations, and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action. 8 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 The arbitrator's decision shall be final, binding, and precedential and the arbitrator's decision shall possess the authority to make an employee whole to the extent such remedy is not limited by law, including the authority 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. By filing a grievance and processing it beyond Step Four, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than is provided by this grievance/arbitration procedure. The processing of a grievance beyond Step Four shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction. 04 2;3 Failure by either party to meet the aforementioned time limits will result in forfeiture by the failing party. Grievance settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. I-8 2`9 Each party involved in the grievance procedure shall 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 with the written consent of both parties, the time limit for any step may be extended. ARTICLE IV - VACATION LEAVE 9 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 4.1 Vacation accruals shall be as follows: 0-5 years vacation shall be earned at the rate of 3.08 hours per pay period. 6-11 years vacation shall be earned at the rate of 4.62 hours per pay period. 12-14 years vacation shall be earned at the rate of 5.24 hours per pay period 15-20 years vacation shall be earned at the rate of 6.16 hours per pay period. 21 years vacation shall be earned at the rate of 6.47 hours per pay period. 22 years vacation shall be earned at the rate of 6.78 hours per pay period 23 years vacation shall be earned at the rate of 7.09 hours per pay period 24 years vacation shall be earned at the rate of 7.40 hours per pay period 25 years vacation shall be earned at the rate of 7.71 hours per pay period 4.2 During the first continuous 12 months of employment, vacation days shall be earned but may not be taken. An employee who terminates employment for any reason during the first twelve months of employment shall be entitled to a payoff for vacation days on a prorated basis. 4.3 At the completion of 12 continuous months of employment, the employee is eligible to take his/her accrued vacation leave in accordance with department policy. 4.4 Vacation leave may not be carried over to the next calendar year in excess of the amount earned in a calendar year unless authorized by the City Manager. 4.5 All persons hired after October 10 1994 the-effec-five-da4e-ok4t aet—shall only accrue a maximum of 6.16 hours of vacation per pay period. ARTICLE V - HOLIDAYS 5.1 Effective January 1 of each year, each represented member of the POAL shall be granted 12 days of holiday leave which may be taken on any day of the week depending on the 10 Draft 4 September 4, 1996 CITY OF LODI AND POiACE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 needs of the service. For purposes of this section, a day shall be the equivalent of one assigned shift of work. 5.2 Police Officers assigned to patrol shall pick holidays by seniority in one -shift increments depending on the needs of the service. There shall be no fixed holidays during the year with the exception that the current practice of Thanksgiving, Christmas, and New Year's holidays be fixed (i.e., the actual date on which the holiday falls is recognized and therefore taken) for officers assigned to motors shall be continued. Employees hired or separating from service mid -year shall be credited with holiday leave on a prorated basis with the exception that the three holidays fixed for motors officers shall not be prorated. 5.3 Officers assigned to special assignments shall observe the following holiday schedule: New Year's Day Presidents Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day January I 3rd Monday in February - Last Monday in May - July 4 - 1st Monday in September - 4th Thursday in November - Friday following Thanksgiving Day December 25 If one of these days falls on a Saturday, the proceeding Friday shall be observed, and if one of these days falls on Sunday, the succeeding Monday shall be observed. Officers may take off four additional days during the year at a time mutually agreeable to the officer and his/her supervisor. Employees hired mid -year shall be credited with the remaining fixed holidays in the calendar year, plus one additional holiday for each three-month period remaining in the year. Employees separating from service mid -year shall have the remaining fixed holidays in the calendar year plus one additional holiday for each three-month period remaining in the year deducted from their holiday leave balances. ]1 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 5.4 If, during the last quarter of the calendar year, an officer's holidays are denied, and such holiday cannot be reasonably rescheduled for use prior to January 1st within five calendar days of the denial, those holiday hours may be carried over for use in the following calendar year. 5.5 If a Police Officer is transferred from patrol to special assignment or vice versa, the remaining holiday hours shall be adjusted to reflect an equivalent number of days. ARTICLE VI - SICK LEAVE 6.1 The objective of this section is to provide methods of furthering the health and general welfare of Citxemployees,_as_sell._as en5urinR.maximum and reasonable_ iob attendance. Sick leave should not be viewed as a right to be used at the employee's discretion, rather it is a benefit of paid time away from the work duties in the event of one of the following circumstances: a. Actual illness or injury of the employee. b. Medical or dental appointments of employee, or employee's immediate family members when _such____ appointments._.cannot___be arranged duriniz off_duty____hours,__and when the employee's family member is incapable of independently attending such appointments. C. Where the employee's medical attention to an immediate family member is required. d. Emergencv leave to the death or imminent death of family members 64 6_2 With the exception of Section 6.4 below, employees shall accumulate sick leave at the rate of 3.70 hours per pay period. 6-? G_3 Sick leave may be accumulated to an unlimited amount. C. 12 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 6_4 All persons hired after October 10, 1994 the effective date —ef- this - eentfae-t shall accumulate sick leave at the rate of 3.08 hours per pay period (80 hours per year). ARTICLE VII - SICK LEAVE CONVERSION 7.1 This section applies to all employees hired prior to October 10 __i994_the efF etive date e this eentrae-t. For all unused sick leave, a represented employee with ten years of employment with the City shalt receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: Fifty percent (50%) of the dollar value of sick leave will be placed into a "bank" to be used for medical insurance premiums for the employee and dependents. For each year that an employee has been employed in excess of 10 years, two and one-half percent (2.5%) will be added to the fifty percent (50%) for valuing the size of the bank. For example: Officer Smith retires with 20 years of service and 1800 hours of sick leave. His/her monthly salary is 53,412.47 (S 19.61 per hour). 1800 X .75 x $19.61 = $24,473.50 This amount will be reduced each month by the current premium for the employee and dependent until the balance is gone. In the event the retiree dies the remaining bank will be reduced by fifty percent (50%) and the survivor may use the bank until the balance is gone or may cash out the remaining balance. 7.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program (10 years) the surviving dependents have an interest in one- half the value of the bank as calculated in Section 7.1. 13 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 7.3 In accordance with the sick leave conversion provisions, a surviving spouse 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. 7.4 A retired employee may choose to receive a cash settlement for unused sick leave at the rate of $.30 on the dollar. Under this provision, the employee's sick leave balance at the time of retirement shall be converted to dollars at the employee's current pay rate. 7.5 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. 7.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 7.1-? of this Article. 7.7 The-4C--ity-.a-gr-ees--ta--modif}-its-eontrect wit#-PERS--ta-afld-�;edit-fer--ufiused-slc-k4ave-PeF Gov Gede -Seet-ion-388 &-6- Employees__may,-,elect to_-addPERS.,credit for unused sick leave_ per Government Code Section 20868.8. 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 October 10, 1994.-tde-e€I'ec4ive- &te-ef4his-z'44,GU- 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 7.1 the City will report they have zero hours of unused sick leave. ARTICLE X - i EDICAL INSURANCE 10.1 The Citv shall offer medical insurance equivalent to the Foundation Health Plan known as Summit V with a pharmaceutical plan included to members of this unit. This plan includes an office co -pay of $5.00 and a pharmaceutical cost of 510.00 per prescription If no equ-al ... alternativ-e.__isreadily--- available __the_City_-__and _the___POAL_ Will -__meet_ -_to negotiate alternatives promptly_ The--Eity.... s4ali-----©ftei, the.---Foundatie* Health---P-lar-----kr+©wfr as- Summit- V -with --a pl �aeet+ttcal Plan inelucled-ta embers -of this-unit—ltl ►c�weve�-t-he-i+tEent-e€-th 14 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 City to r-emain with the LODI IPA se s to assufe-the li t Afmed eal p--evideis-aFe Lodi Physieians. t PR-OV-IS4--Regafding-Article X-Sectio-l=-Ire-that-..as-0€-Noyernber 19-,---1.443--bQdi--IPA and LLTD have ..ras yet F - ed an agfeement tHg tlte-eaiiriflg-e€-ser-vfc-es D4,....:,.ian5 11ofSpeeialists } vers�i tie POAL T f :l te, c�rttifltie•to-�ffer-tbte'i��-�er-aiees-tl3rotig�-tie-P�t�ndati� I�ea1t#�-P-4ar�-A�ttele�4; Seetit�»-1-; shall immediately be Fe pened by beth +.',-.e 7 a the nn A r :nseFe th tl�e-[jeed5-6€ effeFed ane-merA p-w#ieh eentains -as+gnif}e-a*t--,l3er—of the-P+iT mare Plays+darts-a*dfar--Specialists-. 10.2 The Gity agfees te pay the fellawing: sufn feF this benefit- Em 1rm yee, S 15 0.96 pef-wteftth ----------------£plc�yee-aed-I3epefldertts:------S3�fr.-1-5--per-a►ofltlt _�_•___ The City aaregs-to__pay-the full._cost-_of employee's medical plan. The employee is responsible for $20.00 per month for dependent coverage. 10.3 The City agrees to pay all increased costs of premiums for employees and dependent premium for the term of this MOU. �-0:4— T#�e-Ph-ar�aee+�ti•c-al--plate--is--es--errip�logee—wt11--•-be--r-espc�sible--pfesef+ptiort-sltQwfl-ir►-t-he attaehed ealline. T fer a-$10.09-ce-payment-fer eaeh -1-9: 5 10.4 Employees shall be eligible for medical insurance the first day of the month next following the date the employee becomes a full-time probationary employee of the City. 44-6 10.5 Chiropractic coveral;e up to maximum of $750.00 will be included in the medical insurance plan. Co -payments for services are $10.00.e pity agrees-te paw 15 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 40-4 10.6 The City will make every effort to keep the POAL informed early of changes to coverage, premiums, or policies, and will notify the POAL of any such proposed change within ten days of receiving such notice. This includes forwarding copies of supporting documents, reports and periodic satisfaction surveys to the POAL within ten days of receipt of such supporting documents, reports and periodic satisfaction surveys. -1-9:-8 10.7 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 employee's deferred compensation account. If an employee elects not to be covered by medical insurance an additional S100,00 per month ($46.15 per pay period) will be contributed to the employee's deferred compensation account. 44.-9 10_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 10.8 shall apply to the employee who is not the primary provider. i0. i 109 SURVIVORS MEDICAL BENEFITS The City shall pay 100% of the premiums for health and dental benefits described in this MOU for the surviving spouse and any minor children of any member of the POAL who is killed or dies during the performance of official duties. Premiums will be paid at the current rate in effect at the time of the member's death. Premiums will continue to be paid by the City until such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either: (1) the children become adults, or (2) the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries. 16 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 ARTICLE XI - DENTAL AND VISION NSURANCE 11.1 The City agrees to provide a dental plan equivalent to the Delta Premier dental plan as to all employees and their dependents. 1 1 .2 The Gity-agx yes to pay _the -F I�iRIx SUM f this bene4 -rt __._._...-1rril�0jjee-•---- ��•;6�-#3ef-ii}oi+t-h Dependent $48.67 pe, ne t -h any-4r+cf-ease--o€-depeed•ent--pr-er+-iiun-+•€or the-ter+n•-of-this-MOUI. 11.2 The City shall pay the full cost for the employee dental premium and one-half the premium for dependents_ for the -term _of this_ agreement. PKEV NT -it 7)r CL'"I1 GES dET iRAssi.—S>✓t-SlViGES --rirAJGR-SEicVW-E—o PLAN A N DAYS ! 001- D f AAI PAYS 4 :0/ DLA,T! D A��i S 50% E -&M-12cvVCz PAYS BAnrtcc C EMPLOYEE DAVC BALANaF - -- - - .............. tible - ....... e�carft riatiens -••-_flllinals a --b-fid-es--&-dentures ef teeth eleaningao geaeFal anesthetics a -----#Iuo4de-apjieati0*S --ifi*-table--antibietie-s —replac-ernent--of-damaged altanEes aee-maint-ainers -...•-.o��i•starger-} ---fepai-r--Qf-pfQsthet}c-appliaf�ces +ee -- i0d43F4ti@S The plan oevers te ose rr+ade by-fr�os der+Hst� to ir+d+videals-if► t#�e area-€ef-Eeyel 17 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 44-4 11.3 The City agrees*to provide at its expense a Vision Care Plan equivalent to the VSP Plan B with a $25.00 deductible for employee and dependents. The entire premium shall be paid by the City. ARTICLE XIII - SPECIAL ALLOWANCES . wxor�l-MM ,1 13.1 CANINE DUTY -.The-pay-proyisions for canine_--. shall be regulated only by following: a. The City and POAL estimate that the time canine officers spend in all aspects of the_care, feeding exercisetransport_to/from_work, and maintenance_of their canines, on a weekly basis_, is seven (7) hours. They agree that any time spent in excess of such time is not reasonable necessary and is accordingly not authorized. The pay rate for the performance of such work shall be $5.37 per hour. Accordingly, the.foil--compensation due officers for theperformance of their canine responsibilities, on a bi-weekly basis is $75.17. b. For purposes of calculating overtime for work performed by police officers in their capacity as police officers, the reference above shall be part of the base salary rate. 13.2 It is mutually greed that assignments to the canine program are at the sole discretion of the Citv. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the FOAL, that officers may be transferred or reassigned from their�.osition- ona, and that the have no right to appeal from such transfer or reassignment. 13.3 Officers assigned to the K-9 Canine program shall continue in this assignment for a period of not more than five years and shall be compensated at the officer's regular rate of pay including appropriate education incentive pay. Upon completion of the fifth year, the officer's performance shall be evaluated, along with any other submitted applications of interest for the position of K-9 Canine, for the purpose of filling the position in the program. If no other applications of interest have been submitted for the position in the k4 Canine program, the officer holding the position may be extended for a period of two more years whereupon another evaluation period, previously mentioned, shall commence. (The City reserves the right to conduct annual evaluations on K-9 Canine Officers.) --In aditiethe effieer-sf}all lie end+ted wiE}�--?l��ttrs�€eve�t+neer ueek-and-iris ft. ',-Feed Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 feeding ef the anifnal. it is $ate and veaiyes afiy ppeals for- a T-ef tFBnsfer--€reds assign t- 13.4 49-12- ABOVE CLASS PAY All employees in this bargaining unit who are required to work in a higher class shall be paid an additional 5% of the employee's normal salary including any allowance or education incentive pay currently enjoyed by the employee if the position is vacant for more than 10 consecutive calendar days because of vacancy, illness, or industrial or non- industrial accident. 13.3 49,A& MOTOR OFFICERS Officers assigned to the Motors Unit shall continue in this assignment for a period of not more than five years and shall be compensated at the officer's regular rate of pay including appropriate education incentive pay. Upon completion of the fifth year, the officer's performance shall be evaluated, along with any other submitted applications of interest for the position of Motor Officer, for the purpose of filling the position in the program. If no other applications of interest have been submitted for the position in the Motor Unit, the officer holding the position may be extended for a period of two more years whereupon another evaluation period, previously mentioned shall commence. (The City reserves the right to conduct annual evaluation on Motor Officers.) In addition, the officer shall be credited with one and two- tenths (1.2) hours of overtime per week and it is mutually agreed this fully compensates the officer for the time taken for regular pre -shift preparation, washing, minor maintenance and in City transportation of the vehicle to repair facilities and any permitted transportation of the motorcycle to and from home. It is also mutually agreed that assignments to the Motor Unit are at the sole discretion of the City. No officer has any property rights_to_such_assi�nments,.__Offcers in such positions acknowledge, as does the POAL that officers may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal from such transfer or reassignment. -Ne o ieef has Yftd-wares-airy-appeals-fef-asci terit, - 13.6 43:4 SPECIAL ASSIGNMENT Officers assigned to the Detective Bureau and SWAT shall receive an allowance equal to 4.5% of their normal base pay. It is mutually agreed that assignments to the Detective Bureau and SWAT are at the sole discretion of the City._No officer has any property rights to such assignments. Officers in such positions K Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 acknowledge_ as does the POAL that officers may transferred or reassigned from their position on_a non -punitive -basis -and that they have no right to appeal -from such transfer or reassignment.—I Ie -ern pent' ' ghts to sueh ass ments-arid-waives-ate appeals-far--assi ►ent-; reasstgnmertt,--or-4faesfef-€rofn4#ese-assign ts: c FIELD TD Ar\TT1�FF_iCEP� 4yiew elass�e-atie of Pell e Gefper-al shah established andlltfrTra hall be reclassified to Peliee£erpefal 13.7 POLICE CORPORALS Corporals shall wear the insignia (two stripes) currently in use for the Field Training Officer and they shall receive an allowance equal to 6.0% of their normal base pay. It is mutually agreed that part of the Corporal duties are those of nefmal supervision in the nQfmal-absences of the Sergeant. It is also mutually agreed that Corporals shall not accept, investigate, or in any form, handle any matter of discipline. 13.8 BILINGUAL OFFICERS Officers who have demonstrated a conversational proficiency in Spanish, shall receive an allowance of $150.00 per month above their normal base pay_. r canis", f-abk-dialeet—c S ning—f t#�e-deaf-shall-resewe a+�-allewanee ral-te 4-3°��-«f theif-ne~r--rnal-base-pair:-.�€l:ieers-�l�at-are-��uft--Eerti#'+ed--ia-these-l�aflgt�ages-shall rz aT� alla�vat�ceclt!-tt4°�o ofheir-r�c�rFr�al�ase paY 31.-7- 13.9 FLEXIBLE SPENDING ACCOUNT T+te-City-wig4fieAade-mef�f4he Mz L Members of this unit are eligible to participate in the City's Flexible Spending Account Program which allows employees to pay for unreimbursed medical costs, insurance premiums and child care costs to be paid with pre -taxed dollars. ARTICLE XIV - LAYOFF PROCEDURE 4. t In the event that reductions in rank or layoffs of Police Unit personnel are necessary, the following procedure shall be followed: a. Any reduction in rant: shall be based entirely on seniority. The employee having the least classification seniority shall be reduced first and transferred to the next lower classification to which he/she previously worked. 20 Draft 4 September 4, 1996 CITY OF LODI AND POi.ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 b. If an employee is reduced in rank he/she shall not be laid off until all other employees of similar rank to which he/she was reduced have been laid off (i.e., if a Police Sergeant is reduced in rank to Police Officer, he/she must then be the last Police Officer to be laid off, regardless of the seniority of the other Police Officers). C. All layoffs of Police personnel within the seniority span of service shall be by merit (at the discretion of the City Manager upon the recommendation of the Police Chief). The seniority spans of service are as follows: 1) All Police Officer Trainees based on seniority; then 2) All Police Officers on probation (one-year period); 3) All personnel with less than two years seniority; then 4) All personnel with two to three years seniority, then 5) All personnel with three to six years seniority, then 6) Personnel with more than six 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. d. Reinstatement shall be in reverse order of layoff or reduction in rank (i.e., the last Police Officer to be laid off would be first Police Officer reinstated.) ARTICLE XVI - UNIFORM ALLOWANCE 16.1 The uniform allowance shall be $600 annually paid quarterly as part of the last bi-weekly payroll in the months of March, lune, September, and December. 16 .2 Th r-it��r�es�t�at t+par� request-the�i�l}ell-provide eaelro�+ser a set-c�€€eEtl weaEl�er I�IaFfflents and beets. 1 21 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 16.2 4,64 The City agrees to pay a sum of $1,200 to offset the initial uniform and equipment costs required for a motor officer and to pay an additional $200 quarterly uniform allowance for those officers assigned to Motors. 16.3 44-4 If an officer fails to complete an 18 -month assignment he/she agrees to reimburse the City on a prorated basis of $66.67 for each month not completed. If he/she is relieved for lack of performance before the minimum 18 months, he/she shall also reimburse the City on the same prorated basis. If he/she completes the 18 -month assignment the equipment becomes the officer's sole possession, 16.4 -1 -6.4 ---The City agrees to provide each officer a set of "Threat Level 3-A" body armor. When an employee is on patrol he/she agrees to wear his/her body armor. If an officer fails to wear the body armor he/she shall not be paid for each hour or part thereof that the body armor is not worn. a. In that the City and POAL agree that officer safety is paramount, the City agrees to replace all ballistic vests prior to the end of the fifth year from the date of manufacture. b. The City agrees to furnish each officer an SL -20 flashlight by Streamlight. The City agrees to exchange the flashlight battery and flashlight bulb upon request, but no more often than once in any twelve month period. e. To t-he-ex4ertt-p©s-aible, --the-Gty—w4 poaee44ie-abate eawged-bedy--annex-pane+s 16.5 -16r-6 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired, +-�-ac-Eet�#��e�+tt+-de�a�Eal-poly- 16.6 Upon appointment to the classification of Police Officer or Police Officer Trainee, the individual will be given an amount equal to the annual uniform allowance for the sole purpose of purchasing City approved uniforms and equipment. The employee will not 22 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 receive a quarterly uniform check until the next normal payment after 12 months of employment. If the employee's employment is terminated for whatever reason during the first 12 months of employment, the entire uniform allotment will be deducted from the employee's severance pay. ARTICLE XVII - LEAVES OF ABSENCE 17.1 LEAVES OF ABSENCE 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 and substantial reason for the granting of a leave of absence in accordance with- Section L. Leave of Absence. Administrative Policy and Procedure Manual. l-leW, Seetien 3, R les far-Persennel 17.2 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. 17.3 MATERNITY LEAVE Police Officers who are working are entitled to use sick leave, vacation 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. 23 Draft 4 September 4, 1996 CITY OF LODI AND POi ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 17.4 Police Officers are entitled to leave without pay or other benefits for up to 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 determined by the employee on leave and the employee's physician; however, the City may require verification of the extent of disability through a physical examination of the employee by a physician appointed and paid for by the City. 17.5 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. 17.6 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. The employee must also provide an estimate of the duration of the leave. 17.7 Employees who are placed in a Leave Without Pay status following 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 employment benefits. Health benefits may be continued at the employee'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. 17.9 FUNERAL LEAVE A permanent employee, including an employee on probation or a Police Officer Trainee, shall be permitted to use sick leave, vacation leave, holidays, or compensatory time off to attend the funeral of a member of their immediate 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 the funeral, but not to exceed three working days. The immediate family shall be limited to the following: 24 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 * Spouse * Grandparent * Son-in-law * Brother * Half-sister * Parent * Grandparent -in-law * Daughter-in-law * Sister * Parent -in-law * Child * Grandchild * Stepchild * Half-brother * Foster parent Or a more distant relative who was a member of the employee's immediate household at the time of death. 17.10 A permanent employee, including an employee on probation, or a Police Officer Trainee, shall be permitted to use sick leave, vacation leave, holidays, or compensatory time off to attend the funeral of a person the employee may be reasonably deemed to owe respect, but not to exceed one day. 17.11 Family Care Leave shall be granted in accordance with the laws of the State of California. ARTICLE XX - PROBATIONARY PERIOD 20.1 During the probationary period, the probationary employee shall be entitled to sick leave benefits. Employees shall be eligible to be considered for a merit increase upon the successful completion of probation. Nothing herein shall be deemed to alter the terms or conditions of the probationary period following promotion. ARTICLE XXI - PERS 21.1 The City shall provide the PERS retirement program, commonly known as the "2% at 50" program. Said program shall include the third level of the 1959 Survivors Benefits. 21.2 The City agrees to pay into each employee's PERS account 9%. This is understood to be the employee's normal retirement contribution. 25 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 21.3 The City will ensure that an actuarial study regarding the "Single Highest Year" option is conducted and the results made available to the FOAL prior to the beginning of the next set of negotiations. ARTICLE XXII - DEFERRED COMPENSATION 22.1 The City agrees to allow employees to continue to participate in the City ofLodi's Deferred Compensation Plan as allowed by IRS Code 457(k). ARTICLE XXIII - TUITION REIMBURSEMENT AND EDUCATION INCENTIVE 23.1 EDUCATION INCENTIVE a. Education incentive pay shall be as follows: Bachelor's Degree-A—{P-e1iee-Sc4e*eQ) S 110.00 per month t'% e€base-pay per-rnonth Advanced POST Certificate S 110.00 per month 3 -base-pay--pef-mef4-h 13. - if ae } yee possessesanAdvanc, LG ST-42-eft'tfiea-te,-the-Peliee-Seienc-e majer requ+r-efne n t-4bo-r--a-B:-A--shall--be-+matved- e b:_ No employee shall be entitled to additional pay provided in this paragraph until completion of the appropriate probationary period. 23.2 TUITION REIMBURSEMENT The_CitV_shall pay ................................... titinand books for two courses__ persemesterat the tuition rate in effect at the California State University system under the following conditions: 1. Coursework must be fob -related. 2__ Coursework must _be_-taken_at__an_accredited_colleae.or university_ 3. Coursework must be bevond the level of an Associate of Arts degree 26 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 The Police Chief has the authority and discretion to define ` job related" and to approve or dlsapprOve_reclggsts_under this_section. The procedures and limitations -of the City. -policy on tuition reimbursement shall applyto o bar a� inin unit personnel. -T4re-Gits•-sha11•-pr-evide-the-eReiva4ent ei-tion -and -beek s--fer4we-eeurses-per semester at ., St -ate amity beyand the level ef an Associate efAfis degfee, to be pad tew3r-d-tuifienat an ale£fedited Cellege „r- r niyefsity ARTICLE XXVIII - HOURS AND OVERTIME 28.1 HOURS OF WORK Patrol Officers shall work a"10-4" plan. Officers assigned to the Investigations Bureau will work a "9-80" work schedule. Meter-G#fteer-s-sl+akl -,A,efl--a" 10 All plan-T-he-seheduleteFfteter-afficers-will-v-ary depending wpeFi time ef yeaF and needs ef the sef=viee. PatFel pefsefifiel shall wedi a " 12 lir-' wwk-p4an as-def+nArppervdi)(- — eer-s-a$signed-4e4he-Detee6ve43,tfreae-will work a"9-80"--w-ork-schedule- :Phe paf4ies .7 .7 .7 hteen fflemh be�i�nin; 3a�-a-l�I4-S-A�-tie-end-of-t#�e-pilaf:--prt��rarr�-eitl3er�ar#y-nay-ter-t�inate tl3e---I?-haur--�var-k--day--aed--tie--#ta�tr-s--c�-flperatior�-shall••retur-c--Eo--the"-I-0•-4" flan-i�-efl'eet eft Septembef 1, 1994—oflless4he-Gty and t eT-C66. agree4o-mtttuali}-extefid the 12 h61:tf W9Flc-SEhedi3ie, the pisvr-pio,1,iurirwill rrend —fie rHtzrthan Oet8bff 6, lOrr-s of was-in-effee4-en September--l;-I-994--rfe--}atter than-Octeber-7,--1.996.- 28.2-__The work -period for_ safety _employees will_consist__of-fourteen_days_(cgincides_with_be weekly pay period). This work period shall be from Sunda through hrough Saturday_ ?-&? 2:3 It is mutually agreed that the City has the sole right to assign personnel, to establish hours of work and work schedules, to make changes to those schedules, to schedule employees off on compensatory time, and to schedule holidays and vacations, all depending on the "needs of the service". I 27 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 2.9.3 28.4 The City and the POAL mutually agree that split shifts are very stressful and may cause health problems. Consequently, officers shall not work split shifts except during cases of an emergency nature. Specifically and for training purposes only, this provision does not apply to the I4--9- Canine Officer assigned to Graveyard (2200 hours to 0800 hours) with Thursdays and Fridays off in order to better facilitate training. 2-9:4 28.5 All employees in the classification of Police Officer or Police Corporal.7,+elew thy' Sergeant; shall select annually beginning in the month of September, for a least a one year period, their preferred team assignment, days off sequence, holidays, and vacations on the basis of their seniority and depend'+ -en- the "needs of the service". (Seniority shall be defined as follows: �ofal�ettlr a€ rlaf-metbership-ire the-P1�A� Total time in service _asamember of_the__bareainin!unit. Should a member of the POAL leave membership for any reason and return to membership within twelve months, seniority shall be as if the member never left.) 28.6 OVERTIME Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the City and community. All overtime work requires the prior approval of.a supervisor. No employee on a disciplinary or medical leave will be eligible to work overtime. Overtime_ isdefined as the number of hours worked in excess of the normal weekly schedule of work hours illustrated below: Work Schedule Overtime 1.0 hours Der. _4 day_s_ger weekover ten hours in a_day_ 9 hours per day, 10 days per period over nine hours in a day On the 9/10 work schedule there is one day employees work an eight 8) hour day. For purposes of oyertime_eligibility, hours worked_in_excess_of eiht_(8)__hours_on ths_day_shall be considered overtime. 28.7 Employees must work a minimum increment of fifteen (15) minutes beyond their regular work_day__to___clualifX___for__overtime._pay,__ _The reafter.__overtime__shall _be___compensated__ in increments of thirty minutes. 28 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 28.8 CALL BACK Officers called to appear for work within two hours of the beginning of a shift, or one hour after the shift, shall receive eemper}satoFy--time-aff- overtime at the rate of time and one-half. Such appearances shall be reported as contiguous shift extensions. If the appearance begins more than two hours before or more than one hour after the scheduled shift, the employee will be credited a minimum of three hours at the time and one-half rate, When an officer is ordered back to work on an "as soon as possible" basis and reports within thirty minutes, the officer shall be compensated from the time of the call. 28.6------ -- the -value-of #tfs�er-time->ink-epee-a--}et�e�-sel�itted--ta-t#�e-)i�aflee-�epa�t�er�F 28.9 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 time worked. 28.10 No mare than eighty_(80) hours of compensatory time may be carried on the books at any time. 28.11 An employee's decision to elect compensatory time instead of overtime pay_is irrevocable. 28.12 Upon separation- the employee will be paid at the employee's current hourly rate or the a_verage_of _the,- last-- three -__Years -__whichever is _higher. for the remaining_ compensatory balance. The City Fea€Fir,�; s its right to c -he ule-empleyees e eefnpensatefy-time-�th . 72?or I 29 Draft 4 September 4, 1996 CITY OF LODI AND PUL.ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 28.14 COURT TIME Police Officers scheduled to make court appearances during off-duty hours shall be compensated at the rate of time and one-half for actual hours involved in such appearances, but in no event shall they be paid for less than two hours. ?8:$ 28.15 Police Officers scheduled to make court appearances on scheduled days off or when on graveyard shift shall receive a minimum of three hours payment. 28:.9 28.16 Court appearances which are within two hours of the beginning of a shift or within one hour of the end of the shift shall be compensated at the time and one-half rate. Such appearances shall be reported as contiguous shift extensions. 28-10 2817 Cancellation of scheduled appearance must be made at least two hours before said scheduled appearance or the minimum two hours shall be paid: 28. i 28,18 Officers _who _receive _asubpoena,to.appear in court, shall notif he Watch Commander of the appearance date and time in order to provide the Watch Commander time to review the schedule to determine if rest period time is required, or additional staff will be needed. Off_icers_assianed_to court appearances within the day_preceding their normal shift, shall be given an eight-hour rest period, plus reasonable and appropriate travel time from the time of their dismissal from court. Any work time missed in order to allow this eight-hour rest period shall not be charged to the employees leave balance. Examples would include: Swin; shift: Officer off at 0300 hours scheduled for court at 0900 hrs - allowed off 0100 hrs. Graveyard shift: Officer off 0730 hours scheduled for court at 1300 hrs - Off at 0530 hrs. 30 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 A. O ffieefs signed tet e-gri�r-d-shift-whe--afe-se i feF a eeuf appeafanEe ;i4,ithin the day J shift, shall be given an Oht h8kif Fest + plus r-eassen-ablee andp me e€ t-heif-dismissal ffee t �Ar�y-�orl:-tifr�e-missed-�n-�rder--tfl-a�{o-w•�#�s-eight--hoof--r-est-per-ia�#-shall-not-k�e-Ehafged to the emplayee's le alanee. B. Offi signed to swingy shift he are eh,,,,.fame-w4hir4lte day pfee ling their nermal aril ; ahall be giver� a s+x 13ou fest-per-iad €rem the tifne of theimi-dismiss n-eFder-to allaw this -Fest peried balance.shall not be ehafged to the employee's leave 28-:-1-2 28.19 REST PERIOD Any officer who works any portion of a shift that carries into the rest period prior to his/her normal shift or call to duty shall be allowed the appropriate period of rest prior to reporting for duty. This rest period shall not be charged to the employee. If an officer is called to duty or remains on duty for any reason within that rest period or into his/her normal shift, he/she shall be compensated at 150% of his/her normal rate of pay. 23.20 To the extent shift scheduling allows. the City will endeavor to grant each officer, below the rank of Sergeant, desiring to utilize his/her lunch time as part of a personal fitness program, -permission -to --combine his/ler-15-minute break_ .with his/her 45 --minute lunch period for this purpose. ARTICLE XXIX - CITY RIGHTS 29.1 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: Determine the mission of its constituent departments, commissions, and boards. Set standards of service - 1 31 Draft 4 September 4, 1996 CITY OF LODI AND POiACE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 Determine the procedures and standards of selection for employment. Direct its employees. Maintain the efficiency of governmental operations. Determine the methods, means, and personnel by which government operations are conducted. Take all necessary actions to carry out its mission in emergencies. Exercise complete control and discretion and the technology of performing its work. City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline.:4e--take dis5 i 4fliers, and to determine the content of job classifications; provided, however, that nothing herein._may be read to extend the term of the MOU nor to supplement negotiations as a means for arriving at terms for a successor MOU.—that-gie eke�ci�e--by-•tom-�-+ty-o€the-ri juts--i�-t#is-•-para� a�-{#oes--net preclude-err+pleyees--dr-t#�ei�- reEe t �a Hzations- ffer�--fi g--gfieyanees--re?atdtr ... Pfaeti6 l hours, and eenditfens ef empleynient- ARTICLE XXX - CHANGES IN THE MEMORANDUM OF UNDERSTANDING 30.1 The City and the POAL agree to reopen this MOU and to renew Meeting and Conferring on the subjects set forth herein during the term of this MOU in the event that any provision of this MOU is modified by statute or by a competent order of a court in such a way as to affect either the employees or the City, In such event all remaining provisions of the MOU shall continue in full force and effect unless and until they are also modified by statute or competent order of a court or agreement of the City and the POAL. 32 Draft 4 September 4, 1996 CITY OF LODI AND P0i,ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 ARTICLE XXXI - CONCERTED ACTIVITIES 31.1The POAL _and: employees_agree-that they will notengage in any strike , sympat� strike slowdowns work to rule "blue flu" or other concerted withholding of services. In the event of any such activity, the POAL will take any such activity to a cessation immediately. The association and all employees covered b t�agreement acknowledge that any_such activi-bxemploees covered _by this. agreement is misconduct which max lead to discipline up to termination. }-:�.__--�e�resefltec#-employees-egfee-�#�at-�-hey-shall-�t--st-rlke;-w+tl}hc�ld-sefvtees;-engage-ie was' er-"sis-lr ies—' $r -Part i ate-in-arry-etheF-fefffv-e€ canEened-ae-fi-yi"hieh is 7 ARTICLE XXXII - TERM 32.1 Covering the period beginning October 7, 1996 through October 3, 1999. Geyer -itis the PeFied beginnifio ebeF-14; 4g44-three��krtl3e pay-perted whiet�enet�mpasses-9eteber-l; x-996. 32.2 The POAL and City mutually agree to commence negotiations for a new contract no later than three (3) months prior to the expiration of this MOU. ARTICLE XXXIII - SALARY 33.1 T-he4W ew-ir g-salary--fates-shall be e€fec-�we-t %-pay-per4e-be,ai-nHiina-0ctek- ,�,-� 99T Effective the pay period beginning October 7, 1996- all salaries shall be increased by 3.5% (Attachment A) 33.2 Effective the pay period beginning October 6 1997 all salaries shall be increased by 3% (Attachment A) 33.3 Effective the pay period beginning October 5, 1998- all salaries shall be increased by 3% (Attachment A). ss4he be f4 --sal • . 4' r H-)'Y- increase.....................................................A-----------.....----------$-------------------------E-------------------------D------ ° I S3094 -.-09----S-3-249-74--$34.12.19 S 82.79 $376k9-3 Peliee Offic-ef $2919.79 S35065,75 S3219.5 $3379.99 S3549-49 33 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 33-2 -- =lie fallawing-salefy-r-ates--,ha4l--be-e#feat+ve4he-pay-peried-ifi-wli+cl}-Ociebef 9;- 49-�-€alls 0 - -$ _ ____— ._-C---- -D--- -l✓ * Tracy Peke Ger-pefal $3156.88 $3311.69 $9480.33 $3654.45 $383;":- * Turlock Peliee OffieeF $29:78.1:7 $9127.07 S238:35.43 $3447.58 $361 iee-9f9eer:Tr-a+eee $2572.64 $2701.29 $28.6.34_ * Vacaville -ek-t--Qff c-ef T -fa we -I -I -----------••-----------_S' * Visalia SALARY S URACEY ------T-Ise-4-ity-artd-the-F-O-AL-mttt-talky-agree-that--the-salar} sefve)�-eines-shall-be-.as-fellows- * Ant -ie eT * Pouf: * Davi * 1-leasaet-en —..----*---1✓I-Cefr-i-t�._............___...._...__-------.._____--...--'R`---;toseville * IZ irtreld Steektee * �.4ante ' k T -Fa -. * ":edeste * `r -Saville SALARY SURVEY The City and the POAL mutually agree that the salary survey cities shall be as follows: * Chico * Redding * Clovis * Roseville * Davis * Stockton * Fairfield * Tracy * Manteca * Turlock * Merced * Vacaville * Modesto * Visalia * Woodland 34 Draft 4 September 4, 1996 CITY OF LODI AND PUr_ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 ARTICLE XXXVI - ASSOCIATION TIME 36.1 Individual bargaining unit members may donate from their accrued vacation leave, holiday leave, or compensatory time off up to a total of 600 hours per calendar year for Association business directly related to representation of Lodi Police Officers. The President of the POAL 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. The time may be used only in hourly increments with a two-hour minimum. 36.2 The POAL has the right to purchase additional time at the rate of 150% of base pay. 36.3 Except in cases of an emergency, the President of the POAL shall be granted one day per week wherein half of one day's shift per week may be used for the performance of the duties of the office of President of the POAL. This time shall be scheduled at a time mutually agreed upon between the POAL President and the Chief of Police or his designee. Such time shall be charged to the Association time bank. 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 Police Chief, and the imposition of discipline. 42.2 The City shall abide by the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.), and such is hereby incorporated into this MOU. 42.3 It is understood by both parties that the POAL, in addition to any other rights herein specified, has the following rights: To represent its members before the City regarding wages, hours, and other terms and conditions of employment. To receive timely written notice of changes to or adoption of any rule or regulation directly relating to wages, hours and other terms and conditions of employment. 3. With an employee's written consent, an authorized POAL representative shall be permitted, upon request, to inspect the employee's official departmental personnel file during normal business hours. Such review shall not interfere with normal business of the Department. t 35 Draft 4 September 4, 1996 CITY OF LODI AND POi ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 The City agrees to recognize the POAL representatives for the purpose of representing employees on all matters relating to the administration of this MOU-, and, upon the request of an employee on adverse actions and other matters which may be or are on appeal in accordance with Article II of this MOU. 42.4 The City agrees to provide each represented employee with copies of special orders, general orders, training bulletins, departmental rules and regulations, and a copy of this MOU. 42.5 The City agrees not to interfere or in any way discriminate against an employee for exercising his/her right to belong to an employee organization or to exercise his/her rights under this MOU. The POAL similarly agrees that it will not interfere with or discriminate against employees for exercisin rights to belong or refrain from beloniin to. sup op rting, or participating in the activities of an employee organization. 42.6 Both the City and the POAL agree that no employee shall be subjected to any discrimination by the City or fellow employees in any matter relating to hiring, promotion, assignment, wages, or conditions of employment because of age, sex, creed, color, or national origin. Alleged discriminatory acts are subject to the City's Policy and Procedure regardir!g_ scrimination ,not _the,ge rievance procedure. 4�:-�----�i-t#ir�..} �-rvor�-days;--ex�Iudir�g--weel<ends-afld••Iit�idays�;_.a#�-ef-t#�e-��e}tis+on-�€afl adm�ist�ati-ve-i�est�gatisr}--tI}e-l�dliee-E#�ie€-er--l�is-des+gflee-slta}1-notify-tl�e-empleyee-efany r-eeemFfiended diseipline to be imposed. ARTICLE XLIII - SEVERABILITY 43.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. 36 Draft 4 September 4, 1996 CITY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 ARTICLE XLIV - CATASTROPHE BANK 44.1 This bank is available for all sworn officers including non -represented employees who by reason of illness or non -industrial injury exhausts 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 officer. All such transfers shall require approval of the City Manager or his designee. "Catastrophic" is defined as being 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 calendar days. The time placed in the bank shall be converted into dollar value and shall be drawn at the requesting officer's pay step. All donated hours must be used on a continuous and uninterrupted basis until the earliest of the following events occurs: All leave balances, including both donated and accrued leave are exhausted. 2. The employee returns to work. The employee's employment terminates. All donations must be a minimum of four hours and are irrevocable unless the employee is the recipient of the catastrophe bank. To be eligible to receive this benefit the employee must have first exhausted all accrued time. ARTICLE XLV - SAFETY COMMITTEE 45.1 The City and the POAL are firmly committed to maintaining a safe and healthful working environment and both jointly are committed to ensuring the safety and health of City employees and provide a safe and healthful work environment. In order to carry out this goal, a department safety committee shall be formed whose duty it shall be to ensure that work place hazards are identified and abated in a timely manner. 37 Draft 4 September 4, 1996 CITY OF LODI AND PUACE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 This safety committee shall be chaired by the "Administrative Sergeant" and shall consist of three Police Officers, one Lieutenant, one Captain, and three non -sworn members of the department. ARTICLE XLVI - LIFE INSURANCE 46.1 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. ARTICLE XLVII -MISCELLANEOUS Tlz-ncthe Chief 41u".6fk- togetl}er--tQ-formulate-a-policy--regarding-4€I=Dt��y-Emgloyrnertt-�vvitE3•a-goal-t#�at--this-�I+cy s#all-lie-Eem�leted-b}-�a�a�y--1--4.495- 47.1 The POAL and the City mutually agree to discuss the implementation of a cafeteria plan during the term of this agreement. 47.2 SUBSTAIN'GE/AT rnTJnr At�i[SL' TDCTTTi(_ A�I7l D47UGIES ++v The POAL andtheG C-hief4tall-werk tegethef to f©rrr+t lata I+ey-regartlir sttbstat}ee�aiEoh�l abuse testlr}g and related llcies- It he-,ea44-ha4 pe-lie'y shall be-ean*ete"- -January-4; -1-995- 47.2 If the department, in its sole discretion wishes to implement a new beneficial pay practice, it will notify the POAL and provide an opportunity to meet and confer. 38 Draft 4 September 4, 1996 CITY OF LODI AND P01 -ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 ARTICLE XLVIII - PERFORMANCE INCENTIVE BONUS 48.1 Definition A.Performance. Incentive .Bonus_(PIB) a monetary reward for meritorious Derformance above and beyond what is expected and required of all employees who satisfactorily meet the standards of their iob. Said bonus will be $1 000 for those_emplovees who have completed the service reouirements of ten (10) years, and $2,000 for those employees who have completed the service requirements of 20 years. Said bonus s_not_a_part_of base_salary�_Receipt of bonus for one_(I�_,year does not_efrect.the following year. Employees must submit a new application for each year they wish to be considered for the PIB. __._..__.It is.understood_ that _ said. bonus. isdisc retionarv. and based upon meritorious. performance as described in the PIB evaluation criteria. Employees who are granted a PIB by the evaluation committee, will be issued a separate check fvr. the appropriate_amount.in_November of each. vear.of this contract_; 48.2 Eligibility To be eligible to apply for the bonus, employees must meet the following minimum clualifi_cations: 1. Employees must have completed at least ten (10) full years of service in this bargaining unit_w th_the. City_ of Lodi the beginnin3 of the_precedine_time_period being evaluated (i.e. to be eligible for consideration in November of 1996 an employee will have had to complete ten (10) fiill years of service by July 1, of 1996. 2. Employees must have, at a minimum a satisfactory rating in all areas evaluated on the performance evaluation, 3. Employees must possess an Intermediate Post Certificate __________________4,____..___.__. Employees_must.haye__completed at_least one S.pecialAssignment_ 39 Draft 4 September 4, 1996 CITY OF LODI AND PCu.ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 Employees must have met the above mentioned minimum qualifications by the be innin2 oft e precediggtime_period being evaluated. 48.3 Evaluation of Applications (Process) The PIB process will consist of a committee evaluation conducted on a annual basis and wit be based upon the preceding year's evaluation Jul - June and the events activities and actions f time. during, this same_ period ------------------- An Anevaluation committee_ will _be_appointed_to review and evaluate the applications. The evaluation committee will be composed of two (2) representatives from the POAL two (2) representatives from Police Department management. and one (1) representative from the Human Resources Department. Applications for PIB must be made in writing on the designated application form within the time period allotted by the evaluation committee. Applicants will be evaluated only upon written documentation including but not limited tow at is provided in applicants' application._ their performance evaluation and any actions and even s during the_ratin .period_ including_ but not. limited to the followina:attendance disci_plinarry actions, service awards commendations, etc. -_____.___-__ .The_criteria-used ,by,_the eyaluation.committee.will _be_ determined _ and dev_elo_ped_in_advance c f implementation by Human Resources and the Police Chief and subject to discussion with a representative from the POAL. The decision of the committee will be relayed to each applicant in writing. The vote of the committee shall be in confidence. Members of the committee are oblisated to maintain confidentiality in respect to all committee processes including voting. No committee membe shall_ disc] oset0_anx_person outside the committee discussion_ of the committee or information on voting or specific votes of committee members _.......... The decision._ of the evaluation committee,to_grant_or_deny a PIB_is final and binding. m4y no be appealed, and is not subject to anygrievance procedure 40 Draft 4 September 4, 1996 CITY OF LODI AND Pyi ICE OFFICERS' ASSOCIATION OF LODI - MOU - 1996-1999 POLICE OFFICERS' ASSOCIATION OF LODI CITY OF LODI John Bell, Police Officer Joanne M. Narloch President Lodi Police Officers' Association Human Resources Director Date Date Matt Foster, Police Officer Larry Hansen, Police Chief Date Date Harry Webb, Police Officer Jerry Adams, Police Captain Date Date Lance Hayden, Police Officer Marlon Robbins, Huntan Resources Analyst Date Date Approved as to form: Randall A_ Hayes, City Attorney Date 41 Draft 4 September 4, 1996 ATTACHMENT A TITLE OCC RATE A B C D E Current Police Corporal 310 3,156.88 3,314.70 3,480.44 3,654.44 3,837.18 Police Officer 306 2,978.17 3,127.07 3,283.42 3,447.59 3,619.97 Police Officer Trainee 307 2,572.63 2,701.29 2,836.34 2,978.15 3,127.07 Police Officer Trainee 11 308 2,572.63 2,701.29 2,836.34 2,978.15 3,127.07 Oct -96 Police Corporal 310 150% 3,267.37 3,430.71 3,602.26 3,782.35 3,971.48 Police Officer 306 3.50% 3,082.41 3,236.52 3,398.34 3,568.26 3,746.67 Police Officer Trainee 307 3.50% 2,662.67 2,795.84 2,935.61 3,082.39 3,236.52 Police Officer Trainee 11 308 3.50% 2,662.67 2,795.84 2,935.61 3,082.39 3,236.52 Oct -97 Police Corporal 310 3.00% 3,365.39 3,533.64 3,7110.32 3,895.82 4,090.63 Police Officer 306 3.00% 3,174.88 3,333.61 3,500.29 3,676.30 3,859.07 Police Officer Trainee 307 3.00% 2,742.55 2,879.71 3,023.68 3,1 T4.86 3,333.61 Police Officer Trainee 11 308 3.00% 2,742.55 2,879.71 3,023.68 3,174.86 3,333.61 Oct -98 Police Corporal 310 3.00% 3,466.35 3,639.65 3,821.63 4,012.69 4,213.34 Police Officer 306 3.00% 3,270.12 3,433.62 3,605.30 3,785.56 3,974.84 Police Officer Trainee 307 3. ' 00% 2,824.83 2,966.10 3,114.39 3,270.10 3,433.62 Police Officer Trainee 11 308 3.00% 2,824.83 2,966.110 3,114.39 3,270.10 3,433.62 ATTACHMENT B SIDE LETTER RE EXCEPTION TO ARTICLE XXVII BETWEEN THE CITY OF LODI AND THE POLICE OFFICERS ASSOCIATION OF LODI The following individuals will be excepted to this policy during the course of this agreement: 1. Mark Clary 2. Dale Joe 3, Tom Harper 4. Diane Dutra The above-mentioned employees will cash down their current compensatory time balances to 200 hours or use the compensatory time by January 31, 1997. Thereafter said employees will be allowed to maintain a balance of 200 hours of compensatory time. The POAL and the employees understand and agree that the above mentioned employees may not cash this time out and that any overtime hours worked in excess of 200 hours so reflected on payroll will be paid out in cash as it is earned. The above mentioned employees will sign an agreement with the City regarding the aforementioned terms and conditions and such agreement will be strictly binding between the City, employees, and the POAL. Dated - Joanne M. Narloch, Human Resources Director City of Lodi Draft 4 September 4, 1996 Dated: John Bell, President Police Officers Association of Lodi ATTACHMENT C SIDE LETTER RE PROMOTIONAL EXAMINATIONS BETWEEN THE CITY OF LODI AND THE POLICE OFFICERS ASSOCIATION OF LODI On promoti6nal examinations for positions represented in this bargaining unit (Police Corporal) the certification process will be as follows: 1. For one vacancy, the top five highest scoring applicants will be certified to the Police Chief for a hiring interview. 2. In the event of more than one vacancy at the same time, two additional names will be certified for each additional vacancy. For example, if there are two vacancies, seven (7) names shall be certified, three (3) vacancies, nine (9) names, etc. 3. It is understood and agreed that the Police Chief has the sole right to select any of the eligibles certified to him in compliance with the Rules for Personnel Administration and other applicable law. Dated. Joanne M. Narloch, Human Resources Director City of Lodi Draft 4 September 4, 1996 Dated_ John Bell, President Police Officers Association of Lodi ATTACHMENT D SIDE LETTER RE ARTICLE I BETWEEN THE CITY OF LODI AND THE POLICE OFFICERS ASSOCIATION OF LODI The parties will jointly define any binding past practices not specified in the MOU during a six month period commencing November 1, 1996 and ending April 30, 1997. After codification of agreed upon past practices, this MOU in its entirety, including the aforementioned practices, shall supersede all practices not defined herein. Dated: Joanne M. Narloch, Human Resources Director City of Lodi Draft 4 September 4, 1996 Dated: John Bell, President Police Officers Association of Lodi