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HomeMy WebLinkAboutResolutions - No. 2004-09RESOLUTION NO, 2004-09 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LODI AND LODI POLICE MID -MANAGEMENT ORGANIZATION NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby adopts the Memorandum of Understanding between the City of Lodi and the Lodi Police Mid -Management Organization, as shown on Exhibit A attached hereto; and BE IT FURTHER RESOLVED that said Memorandum of Understanding shall be effective July 21, 2003 through June 30, 2006. Dated: January 7, 2004 I hereby certify that Resolution No. 2004-09 was passed and adopted by the City Council of the City of Lodi in a regular meeting held January 7, 2004, by the following vote: AYES: COUNCIL MEMBERS -- Beckman, Hitchcock, Howard, Land, and Mayor Hansen NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None ,,,.,G,.,_:) 2004-09 SUSAN J. BLACKSTON City Clerk [EXHIBIT Al MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF LODI AND LODI POLICE MID -MANAGEMENT ORGANIZATION (LPM0) JULY 21, 2003 - JUNE 30, 2006 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2003-2006 Table of Contents CHAPTER 1 — SALARIES AND OTHER COMPENSATION Article 1 Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX CHAPTER 2 -- B Article X Article XI Article XII Article XIII Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XX.II Article XXIII Article XXIV Salary and Term Uniform and Allowance Bi -lingual Pay Compensatory Time Court Time Performance Incentive Bonus Special Assignment Pay Out of Class Pay Call Back Pay NEFITS AND INSURANCE CHAPTER 3 — LEAVES Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Employee Assistant Program Deferred Compensation Flexible Spending Account Chiropractic Education Incentive Overtime Retirement Sick Leave Conversion Executive Physical Examination Medical Insurance Dental Insurance Vision Insurance Life Insurance Survivors Medical Benefits Tuition Reimbursement Vacation Leave Administrative Leave Holidays Sick Leave Family and Medical Leave Catastrophic Leave Bereavement Leave Leave of Absence 2 Pate ## 4 5 5 5 5 6 8 8 8 8 9 9 9 9 10 11 f ll / 13 13 14 14 14 14 15 15 16 17 18 18 18 18 18 CITY OF LODI AND POLICE ? ANA GEMENT ORGANIZATION MOU 2003-2006 Page # CHAPTER 4 — ORGANIZATION / CITY ISSUES, Article XXXIII Probation 18 Article XXXIV Personal Liability 19 Article XXXV Grievance Procedure 20 Article XXXVI Disciplinary Procedure 20 Article XXXVII City Rights 25 Article XXXVIII Employee Representation 26 Article XXXIX Employee Rights 27 Article XXXX Rest Period 28 Article XXXXI Changes in MOU 28 Article XCXXII Severability 28 CHAPTER 5 — WORK HOURS Article XXXXIII Attachment A Attachment 13 Hours of Work 29 Salary Schedule Vacation Leave -- Policy 3 30 31 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 20032006 city of Lodi And Lodi Police Mid -Management Organization 2003-2006 CHAPTER 1 - SALARIES AND OTHER COMPENSATION ARTICLE 1 - SALARY AND TERM 1.1 Effective July 21, 2003, all classifications shall receive 50% of an equity adjustment as shown in Attachment A. Effective July 20, 2004, all classifications shall receive the other 50% of the equity increase as shown in Attachment A. 1.2 Effective the first pay period in which July 1, 2003 falls, employees will receive a cost of living adjustment based upon the consumer price index (CPI -W), San Francisco - Oakland -San Jose. The increase will be no less than 2% and no greater than 4% and calculated using the most recent twelve month average that is available and issued by the Department of Labor as of June 15, 2003. Effective the pay period in which July 1, 2004 and 2005 occur, cost of living adjustments will be adjusted using the same methodology as stipulated above. 1.3 The terms and conditions of this MOU shall continue in effect during the term of this MOU. The parties agree the term is July 21, 2003 through June 30, 2006. 1.4 The parties mutually agree to commence negotiations no later than three (3) months prior to the expiration of the MOU. 1.5 The City and LPMO mutually agree that the salary survey cities shall be as follows: *Chico *Merced *Tracy *Clovis *Modesto *Turlock *Davis *Redding *Vacaville *Fairfield *Roseville *Visalia *Manteca *Stockton *Woodland 4 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2003-2006 ARTICLE II - UNIFORM ALLOWANCE 2.1 The City agrees to provide a uniform allowance of $900.00 annually to be increased as follows: January .1, 2004: Increase to $950.00 2.2 The uniform allowance shall be paid quarterly in conjunction with regular pay checks in the months of March, June, September, and December and shall be for the previous three months. 2.3 The City agrees to repair or replace uniforms damaged or destroyed on duty unless gross negligence can be shown on the part of the employee. Receipts shall be required prior to reimbursement. ARTICLE III -- BI -UNGUAL PAY 3.1, Employees designated by the Department Head and approved by the City Manager who have passed a bi-lingual proficiency examination administered by the City shall receive a monthly bi-lingual premium of $200.00, ARTICLE TY 7 COMPENSATORY TIME 4.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour of overtime time worked. 4.2 No more than eight (80) hours of compensatory time may be carried on the books at any time. 4.3 An employee's decision to elect compensatory time instead of overtime pay is irrevocable. 4.4 Upon separation, the employee will be paid at the employee's current hourly rate or the average of the last three years, whichever is higher, for the remaining compensatory balance. ARTICLE V ®COURT TIME 5.1 Employees scheduled to make court appearances during off-duty hours, on scheduled days off, or when on graveyard shim, shall be compensated at the rate of time and one- half for actual hours involved in such appearances. In no event shall they be paid for less than three hours. 5 CITY OF LODI AND POLICE AMD -MANAGEMENT ORGANIZATION - MOD 2003-2006 5.2 Court appearances which are within two hours of the beginning of a shift or within one hour of the end of the shift shall be compensated at the time and one-half rate. Such appearances shall be reported as contiguous shift extensions. 5.3 Cancellation of scheduled appearance must be made at least two hours before said scheduled appearance or the minimum three hours shall be paid. 5.4 Employees who receive a subpoena to appear in court, shall notify their supervisor of the appearance date and time in order to provide the Watch Commander time to review the schedule to determine if rest period time is required, or additional staff will be needed. ARTICLE VI- PERFORMANCE INCENTIVE BONUS 6.1 Definition A Performance Incentive Bonus (PIB) is a monetary reward for meritorious performance above and beyond what is expected and required of all employees who satisfactorily meet the standards of their job. Said bonus will be $1,000 for those employees who have completed the service requirements of ten (10) years, and $2,000 for those employees who have completed the service requirements of twenty (20) years. Said bonus is not a part of base salary. Receipt of bonus for one year does not affect the following year. Employees must submit a new application for each year they wish to be considered for the PIB. It is understood that said bonus is discretionary, and based upon meritorious performance as described in the PIB evaluation criteria. Employees who are granted a PIB by the evaluation committee, will be issued a separate check for the appropriate amount in November of each year of this contract. 6.2 Eligibility To be eligible to apply for the bonus, employees must meet the following minimum qualifications: Employees must have completed at least ten (10) full years of service at the rank of Police Officer or higher with the City of Lodi by the beginning of the preceding time period being evaluated (i.e. to be eligible for consideration in November of 2003, an employee will have to have had to complete ten (10) full years of service by June 30, 2003) 6 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION -MOU 2003-2006 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 have completed at least one Special Assignment or collateral duty assignment. 5. Employees must not have received discipline issued beyond an oral reprimand or an Employee Performance Observation (EPO). 6. Employees must not have received a positive drug test. 7. Employees must be at work at least eight months during the qualifying period. Employees must have met the above mentioned minimum qualifications by the beginning of the preceding time period being evaluated. 6.3 Evaluation of Ar,nlications (Process) The PIB process will consist of a committee evaluation, conducted on a annual basis and will be based upon the preceding year's evaluation (July -,lune), and the events, activities, and actions during the same time period. The LPMO and Police Chief will mutually agree upon the composition f the evaluation committee. Applications for a PIB must be made in writing on the designated application form within the time period allotted by the evaluation committee. Applicants will be evaluated only upon written documentation including but not limited to what is provided in applicants' application, their performance evaluation and any actions and events during the rating period including but not limited to the following: attendance, disciplinary actions, service awards, commendations, etc. The decision of the committee will be relayed to each applicant in writing. The vote of the committee shall be in confidence. Members of the committee are obligated to anaintain confidentiality in respect to all committee processes including voting, No committee member shall disclose to any person outside the committee any 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, may not be appealed, and is not subject to any grievance procedure. ARTICLE VII _SPECIAL ASSIGNMENT PAY 7 CITY OF LODI AND POLICE MIDmMANAG.EMENT ORGANIZATION= MOU 2003-2006 7.1 Employees assigned to SWAT or Sergeants assigned to the Detective Bureau or Office of Professional Standards (OPS) shall receive an allowance equal to 4.5% of their normal base pay. It is mutually agreed that assignments to the Detective Bureau or SWAT are at the sole discretion of the Chief of Police. No employee has the right to such assigrunent. Employees in such positions acknowledge, as does the LPMO, that employees may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal from such transfer or reassignment. ARTICLE VIII -- OUT OF CLASS PAY 8.1 Employees in this bargaining unit who are designated by the Chief of Police to work in a higher level classification shall be paid an additional 5% of the employee's regular salary. ARTICLE IX - CALL BACK PAY 9,1 Officers called to appear for work within two hours of the beginning of a shift, or one hour after the shift, shall receive overtime at the rate of time and one-half. Such appearances shall be reported as contiguous shift extensions. If the appearance begins more than two hours before or more than one hour after the scheduled shift, the employee will be credited a minimum of three hours at the time and one-half rate. When an officer is ordered back to work on an "as soon as possible" basis and reports within thirty minutes, the officer shall be compensated from the tiine of the call. CHAPTER 2 BENEFITS AND INSURANCES ARTICLE X -- EMPLOYEE ASSISTANCE PROGRAM 10.1 Employees, their spouses, and dependent children are entitled to three (3) free visits per year per family member with a licensed clinical social worker through "Options." This may be supplemented by medical insurance after exhaustion of the three (3) free visits. AR`T'ICLE XI . DEFERRED CQMPENSAT!ON 8 1VI CI'I'Y OF LOI)I AND POLICE MID -MANAGEMENT ORGANIZATION - OU 2003-2006 11.1 Employees may participate in the City's Deferred Compensation Plan 11.2 City matches up to a maximum of 2.0% of base salary. The City will match up to maximum of 3.0% of base salary effective the pay period in which 1/1/04 falls. ARTICLE XII - FLEXIBLE SPENDING ACCOUNT 12.1 Employees shall have the option of participating in the Flexible Spending Account (Section 125 Plan). Employees may elect to participate in; a) Premium Conversion b) Non -reimbursed Health Care c) Dependent Care Reimbursement 12.2 Elections for the calendar year will be made each December, or if a change in family status occurs. Money not used by the end of each calendar year will be forfeited by the employee. ARTICLE .XIII - CHIROPRACTIC 13.1 Chiropractic services may be received by employees and dependents. This benefit allows up to a maximum of 40 visits per calendar year. Co -payments for services are $10.00. ARTICLE XIV a EDUCATION INCENTIVE 14.1 Effective upon ratification, Education incentives will be available to eligible employees as follows: Bachelor's Degree: 5200.00 per month Advanced Post: $200.00 per month ARTICLE XV - OVERTIME 9 CITY OF LODI AND POLICE IN ID-MANAGi^MENT ORGANIZATION — MOU 2003-2006 15.1 The following special provisions for the payment of overtime will apply to Police Sergeants and Police Lieutenants. Employees shall be compensated for overtime at the time and one- half rate for time worked due to emergencies. Emergencies shall be determined by the appropriate department head and include but are not limited to such events as: • The necessity to cover scheduled shifts; • Direct supervision of crews assigned to work during noinial days off to accommodate the public: • Break down of equipment and/or systems requiring the presence of the mid -manager in order to restore service. 15.2 Overtime pay shall not be paid for the following: • Staff meetings • Special projects • Conferences and seminars - except as noted below • Appearances before City Council and commissions, • Public information presentations, • Activities involved with the completion of normal activities or programs such as budgets, inventory, annual financial closings, labor negotiations, and recreation programs. 15.3 All overtime must be approved by the department head. Any deviations from these guidelines must be approved in advance by the department head and the City Mana er. 15.4 Upon promotion into a Mid -Management position only previously accrued compensatory time must be paid or used prior to the promotion. 15.5 Police Lieutenants and Sergeants shall be compensated for overtime hours necessitated by attending State mandated training and for work on special events as designated by the Chief of Police or Division Commander. 15.6 The classifica. ion of Police Captain is deemed exempt from overtime and is not eligible for overtime pay under this article unless such overtime is required during a declared state of emergency and expenditure is mandated for reitnburgement to the City of Lodi, ARTICLE XVI RETIREMENT 10 CITY OF LODI AND .POLICE M1D-MANAGEMENT ORGANIZATION7 MOU 2003-2006 16.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System, Employees shall receive the following retirement benefits. Police Safety 3%@50 plan • 1959 Survivors Benefit — Third Level • Employee's 9% paid by City • Credit for Unused Sick Leave • Military Service Credit as Public Service O Single Highest Year ARTICLE XVII « SICK LEAVE CONVERSION 17.1 Employees hired prior to July 1, 1994, after 10 years with the City and only upon retirement, may convert their accumulated sick leave time to medical insurance premiums or cash under the following options: OPTION #1 - "Bank" The number of accumulated hours shall be reduced by 16-2/3% and the remaining balance converted into days. The days are then multiplied by the current monthly premium being paid for the employee and, if applicable, his/her dependents. Fifty percent of that dollar amount will be placed into a "bank" to be used for medical insurance premiums for the employee, and if applicable, his/her dependents. For each year of employment over 10 years, 2.5% will be added to the 50% used in determining "bank" amount, Total premiums shall be paid from the Bank until its depletion, at which time the conversion benefit stops. EXAMPLE: Lt. John Smith retires with 25 years of service and 1800 hours of unused sick leave: Sick Leave Hours - 1800 x 16Z/%(reduced per MOU) = 299.99 1800 minus 299.99 =1500.01 1500.01 divided by 8 (coverage factor) = 187.5 187.50 times 87.5% (% of coverage) =164.1 164.1 times 694.86(current medical premium) = $114,026,52 Employees may also use their banks money to purchase Dental and/or Vision Insurance at the current premiums until their bank is depleted. OPTION #2 - "Conversion„ The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years, 2.5% shall be added to 11 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2003-2006 the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement. Any differences created by an increase in premiums must be paid for by the employee. EXAMPLE: Lt. John Smith retires with 25 years of service and 1800 hours of unused sick leave: Sick Leave Hours - 1800 divided by 8 (coverage factor) = 225 225 times 87.5 (%/o of coverage) = 196,88 196.88 divided by 12(yrs) = 16.4 total Years of coverage OPTION #3 - "Cash -Out" A retiring employee will be able to choose a cash pay-off of accumulated sick leave at the rate of 30% of base pay per hour. OPTION fP1 -- "Service Credit" A retiring employee will be able to convert unused sick leave to service credit for Cal PERS retirement purposes. 17.2 Employees hired after July 1, 1994 will not have the option of converting unused sick leave time into medical insurance premiums or cash as referenced in OPTION 1-3. The only option available to these employees is OPTION #4 "PERS CREDIT". f 17.3 In the event an active employee dies before retirement and that employe is vested in the Sick Leave Conversion program (10 years) the surviving dependents h ve an interest in one-half (1/2) the value of the bank as calculated in section 17.1. 17.4 The City shall allow a surviving dependent of a retiree enrolled in the Sick Leave Conversion program to purchase medical insurance at the employee only premium for the same period as if the retiree had not died. 17.5 A retiree or surviving dependent, upon expiration of City -paid coverage, if any, has the option of purchasing at the prevailing rate additional medical insurance for an unlimited amount of time. 17.6 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 17.1; Option #2. 17.7 Only one City of Lodi employee may carry dependent coverage for another City employee, therefore, upon retirement the employee may re -enroll as an individual into the health plan in order to take advantage of the Sick Leave Conversion program. 12 CITY OF LODI AND POLICE MlD-MANAGEMENT ORGANIZATION'- MOU 2003-2006 17.8 A retiree or surviving dependent may purchase dental and vision insurance at the City group rate through the Sick Leave Conversion options. ARTICLE XVIII - EXECUTIVE PI-IYSICAL EXAMINATION 18.1 Employees may elect to receive an annual executive physical examination in accordance with the provisions of the City's medical insurance plan to include any and all of the following procedures as applicable and as deemed necessary by the employee's physician: • A complete office examination • Urinalysis • Pap smear • EKG (resting) • An executive blood panel • Mammogram • Chest X-ray 18.2 Employees shall be reimbursed for costs not covered by the medical insurance for the procedures referenced in 18.1 only. Any additional tests judged necessary shall be the responsibility of the employee. Employees must submit all related receipts, attached to a claim voucher, to the Finance Department for reimbursement. ARTICLE XIX -MEDICAL INSURANCE 19.1 All employees are offered medical insurance (including pharmaceutical) for themselves and dependents through Cal PERS-Medical Plans. City shall pay 100% premium for employee only up to the highest HMO available in our geographical area. Effective as soon as administratively possible, employees will be responsible for a share of cost of their medical premiums as follows: a) Employees with no dependents — $0.00 monthly, b) Employees with one dependent -. $80.00 monthly, c) Employees with rnore than one dependent - $104.00 monthly. Employees selecting a PPO or other available plan shall also he responsible for the difference in cost between the highest HMO and the selected plan, in addition to the specified employee share of cost. Any employee is otherwise covered by a medical plan and chooses not to utilize the full extent of medical coverage available to him or her, as applicable, to his or her dependent(s) may opt to receive the following: $25.00 per pay period paid into the employees deferred compensation account if not covering eligible dependents or if no coverage is elected $71.15 per pay period will be deposited into the employees deferred compensation account. This section shall not be construed to allow individuals without dependents to receive any portion of the dependent premium. 13 CITY OF LODI AND POLICE M D -MANAGEMENT ORGANIZATION - MOU 2003-2006 ARTICLE XX - DENTAL :INSURANCE 20.1 Employees are provided fully paid family dental insurance. 20.2 Maximum benefits are $1,000 for each family member enrolled into the dental plan, per calendar year. There is a $25 deductible plus co-insurance features. ARTICLE XXI - VISION INSURANCE 21.1 Employees are provided with family vision care insurance through Vision Service Plan. Services and amount of coverage are outlined in the VSP Summary of Benefits. ARTICLE XXII - LIFE INSURANCE 22.1 As soon as administratively possible, employees are provided with term life and accidental death/dismemberment insurance up to $25,000. These benefits decrease after age 70 on a sliding scale, depending on age. 22.2 Employees are provided with $100,000 of accident insurance while tray mg on City business outside the City limits. Spouses are only covered while acconp vying the City employee on City business, or while conducting business on behalf of the City. ARTICLE XXIII - SURVIVORS MEDICAL BENEFITS 23.1 The City shall pay 100% of the premiums for health and dental benefits described in this MOU for the surviving spouse and any minor children of any member of the 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. 14 CITY OF' LODI AND POLICE M1D-MANAGEMENT ORGANIATION'— MOU 2003-2006 ARTICLE. XXIV - TUITION. REIMBURSEMENT. 24.1 Employees shall receive the following: 1) Tuition costs, up to a maximum of $1,804 per fiscal year, to be paid upon the satisfactory completion of course work. 2) The full cost of books required for courses taken. The maximum amount reimbursed is based on fees for two courses of study at California State University Sacramento. This maximum amount will be updated annually. A fiscal year is the period between July 1 and June 30. The final date of class shall determine the fiscal year in which that course falls. This section will be applied toward registration fees at an accredited College or University. Course work must be part of a program of study toward obtaining an Associate of Arts, Bachelors, or any higher degree. CHAPTER 3 - LEAVES ARTICLE XXV - VACATION LEAVE, 25.1 Employees hired prior to July 1, 1994 shall receive the following vacation benefits: Beginning with: Date of Hire: 6th year 12th year 15th year 21st year 22nd year 23rd year 24th year 25th year 3.08 hours per pay period (10 days per year) 4.62 hours per pay period (15 days per year) 5.23 hours per pay period (17 days per year) 6.16 hours per pay period (20 days per year) 6.47 hours per pay period (21 days per year) 6.78 hours per pay period (22 days per year) 7.09 hours per pay period (23 days per year) 7.40 hours per pay period (24 days per year) 7.71 hours per pay period (25 days per year) 25.2 Employees hired after July 1, 1994 shall receive the following vacation benefits: Beginning with: 15 CIT'' OF LODI AND OLICE MID -MANAGEMENT ORGANIZATION'- MOU Date of Hire: 6th year 12th year 15th year/above 3.08 hours per pay period. 4.62 hours per pay period 5.23 hours per pay period 6.16 hours per pay period (10 days per year) (15 days per year) (17 days per year) (20 days per year) 2003-2006 25.3 Employees promoting into a Mid -Management position will follow the vacation schedule referenced in articles 25.1, or 25.2, depending on their initial employment with the City of Lodi 25.4 Vacation leave shall be used in increments of not Iess than quarter hours. Employees inay accumulate a maximum of twice the employee's annual vacation accrual. If and when the accrual cap is reached, no additional vacation hours will be accumulated until the employee's vacation usage brings the accumulated number of hours under the cap. This policy is incorporated into the MOU as Attachment B. ARTICLE XXVI - ADMINISTRATIVE LEAVE 26.1 Employees will be given 80 hours of administrative leave per calendar year. Leave shall be taken in increments of not less than quarter hours. Balances must be used prior to December 30 or they will be lost. 26.2 New employees or employees becoming eligible due to a promotion receive administrative leave on a prorated basis, witheight hours granted for each full calendar month remaining in the calendar year with a maximum of 80 hours. 26.3 Employees separating mid -year will receive a cash pay out for unused Administrative Leave on a prorated basis in accordance with 26.2, 26.4 Employees are eligible to cash out up to 40 hours of their current Administrative Leave balance in any calendar year except in the months of May and June. A request to cash out Administrative Leave must be in writing and submitted to the Finance Department. ARTICLE XXVII - HOLIDAYS 16 C!TV OF LODI AND POLICE D- IANACEMENT ORGANIZATION - MOU 2003-2006 27.1 All employees shall receive 125 hours of floating holidays. Effective January 1, 2004, the hours will be increased to 135. 27.2 All employees assigned to a New Year's Day Martin Luther King Jr. Day Presidents Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Day 40 hour work week shall observe fixed holidays as shown: - January 1 3rd Monday in January - 3"d Monday in February - Last Monday in May July 4th - 1s' Monday in September - 4th Thursday in November Friday following Thanksgiving Day December 25th 27.3 Holiday hours shall be taken in increments of not less than quarter hours and may not be carried into the following calendar year. 27.4 If hired or separated mid -year, employee shall be credited or debited with fixed holidays remaining plus floating holidays per the following schedule: Four Floating Holidays: Month Hired or SenaratedDays added Jan Feb March April May June July Aug Sept Oct Nov Dec ARTICLE XXVIII - SICK LEAVE Days Subtracted 4 3 3 2 2 1 1 0 28.1 Sick Leave is earned at the rate of 4.62 hours per pay period with no limit on the amount that can be accrued. Sick leave shall be taken in increments of not less than quarter hours. ARTICLE XXIX FAMILY AND EDICAL .,EAVE 17 CITY OF LODI AND POLICE I ID -MANAGER ENT ORGANIZATION - MOU 2003-2006 29.1 The City of Lodi will comply with the requirements of the federal Family and Medical Leave Act of 1993 (FMLA) and the California Family Rights Act of 1993 (CFRA), as defined in California Government Code Sections 1.2945 et seq. and reflected in the City's Policy and Procedures Manual. ARTICLE XXX - CATASTROPHIC LEAVE 30.1 Catastrophic leave .is available to employees is accordance with the Administrative Policy and Procedure dated February 5, 2003. ARTICLE XXXI - BEREAVEMENT LEAVE 31.1 Bereavement leave is available to employees in accordance with the Administrative Policy and Procedure dated May 1, 1995. ARTICLE XXXII - LEAVE OF ABSENCE 32.1 Leave of Absences are available to employees in accordance with the Administrative Policy and Procedure dated May 1, 1995. CHAPTER 4 - ORGANIZATION/CITY ISSUES ARTICLE .XXX II - PROBATION 33.1 Employees have a probationary period of one year. During probation, new hires have the sante rights and privileges as regular employees, except that: • City and employee may mutually agree to an extension of the probationary period up to six additional months. • Employee serves "at will" and rejection during probation cannot be grieved. New hires and promotional appointments shall be eligible for a merit increase at the completion of probation. ARTICLE XXXIV - PERSONAL LIABILITY 18 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION -- MOU 2003-2006 34.1 Employees shall be indemnified and held harmless by the City against all costs, legal expenses, and liability arising out of decisions made in their capacity for. the City of Lodi andlor from any cause of action for properly damage, or damages for personal injury, including death, sustained by person(s) as a result of a decision made in their capacity, except that: A. The City is not required to but may provide for the defense of an action or proceeding brought against an employee or former ernployee if the City determines that: 1 The act or omissions was not within the scope of their employment; or 2. They acted or failed to act because of actual fraud, corruption, or actual malice; or 3. The defense of the action or proceeding by the City would create a conflict of interest between the City and the employee or former employee. B. The City is not required to but may pay any claim of judgment for punitive or exemplary damages Murder the following circumstances: 1, The judgment is based on an act or omission of an employee or former employee acting within the course and scope of their employment as an employee of the City. 2. At the time of the act giving rise to the liability, the employee or f rmer employee acted, or failed to act, in good faith, without actual malice and in he apparent best interests of the City. 3. Payment of the claim of judgment would be in the best interests of the City. ARTICLE XXXV- GRIEVANCE PROCEDURE 35.1 Disputes involving the following subjects shall be determined by the Grievance Procedures established herein: A, Interpretation or application of any of the terms of this agreement, including Exhibits thereto, Letter of Agreement, and formal interpretations and clarifications executed by the Association and City. B. Disputes as to whether a matter is proper subject for the Grievance Procedure. 19 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION =- MOU 2003-2006 C. Disputes which may be of a "class action" nature filed on behalf of the Association or the City. 35.2 Class action Grievances shall be submitted in writing from the LPMO's President to the City Manager or vice versa. 35.3 STEP ONE Discussion between the employee, the Association Representative and the Department Head, who will answer within fifteen work days. This step shall be taken within thirty days of the date of the action complained of, or the date the grievant became aware of the incident which is the basis of the grievance. 35.4 STEP TWO If a grievance is not resolved in Step One, Step Two shall be the presentation of the grievance, in writing, by the Association Representative to the City Manager, who shall answer, in writing, within fifteen work days of receipt of the grievance. The City Manager's decision shall be final and binding. Step Three shall be taken within fifteen work days of the date of the answer in Step Two. ARTICLE XXXVI - DISCIPLINARY PROCEDURE 36.1 Basis: The City may discipline any employee in City service. Discipline may include discharge, dernotion, suspension, reduction in pay, or oral or written reprimand. Only regular employees shall have the right to hearing and appeal as described in this section. 36.2 FLSA Exempt Employees: With respect to employees in classification deemed exempt from the overtime requirements of the Fair Labor Standards Act ("FLSA") disciplinary suspensions pursuant to this policy shall be administered in accordance with the salary basis test under the FLSA's governing regulations. 36.3 Cause: Causes for discipline of any regular employee may include, but shall not be limited to the following: A. Improper or unauthorized use or abuse of sick leave. B. Excessive absenteeism that prevents reasonable availability for assigned duties. C. Absence without authorized leave; repeated tardiness to assigned work station; leaving assigned work without authorization; failure to report to work after a leave of absence has expired, or after a leave has been disapproved or revoked. 20 CITY OF 1,ODI AND POLICE MITI -MANAGEMENT ORGANIZATION -- MOU 2003-2006 D. Misconduct; willful or negligent violation of the personnel rules, resolutions, and/or other related ordinances including written departmental rules, regulations, and policies. E. Insubordination; F. Acceptance of gifts or gratuities in connection with or relating to the employee's duties. G. Conviction of a felony or misdemeanor involving moral turpitude. A plea or a verdict of guilty, or a conviction following a plea of nolo contendere, to a charge of a felony or any offense involving moral turpitude in deemed to be a conviction. H. Fraud or the submission of false infotination related to employment application, payroll, or any work-related record or report. I. Soliciting outside work for personal gain during the conduct of City business; engaging in outside employment for any business under contract with the City; or participating in any outside employment that adversely affects the employee's City work performance; or conducting personal business on City time. J. Discourteous treatment of the public or City employees or disorderly conduct on City property or on City business including fighting, or using profanity, intimidation, abusive or threatening language. K. Conduct that interferes with the reasonable management, operation end discipline of the City or any of its departments or divisions or failure to cooperate with superiors or fellow employees. L. Engaging in political activities while on duty, in uniform or using the authority associated with City employment. M. Violation or neglect of safety rules or practices. N. Behavior, either during or outside the duty hours, which is of such a nature that it causes discredit to the City or one of its operating services. D. Discrimination, including harassment, against other employees or members of the public on the basis of race, color, national origin, religious creed, ancestry, sex, sexual preference, marital status, age or physical handicap. P. Inefficiency, incompetence, or negligence in the performance of duties, including failure to perform or complete assigned tasks or training, in a prompt, competent, and reasonable manner. Q. Refusal or inability to improve job performance in accordance with written or verbal direction after a reasonable trial period. 21 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION-MOU 2003-2006 R. Refusal to accept and carry out reasonable and proper assignment from an authorized supervisor. S. Unauthorized possessionor use of controlled substances or alcohol on City property and/or at the worksite. T. Intoxication, intemperance, or incapacity due to the use of controlled substances or alcohol while on duty. U. Failure to obtain or maintain possession of the minimum qualifications for the position. V. Careless, negligent, or improper use of City property, equipment or funds, including unauthorized removal, or use for private purpose, or use involving damage or unreasonable risk of damage to property. W. Unauthorized release or use of confidential information or official records. X. Participation in an illegal strike, work stoppage, slowdown, or other job action against the Clty. Y. Inability to perform the duties of his/her job. Z. Dishonesty. AA. Sleeping on the job, BB. Theft. CC. Retaliation for actions protected by law. DD. Failure to report loss of or damage caused to City equipment and/or facilities for which the employee was responsible. EB. Threats of violence against City employees and/or City property. 36.4 Persons Authorized to Take Disciplinary Action: Employee discipline may be initiated by the City department head for cause against any employee under his/her supervision. Disciplinary actions in the form of termination or discharge shall be subject to final approval from the City Manager. 36.5 Notice (except in the case of oral or written reprimand): Notice of Intended Disciplinary Action shall be prepared in writing by the department head or designee proposing the discipline and shall be served on the employee in person or by registered or certified mail. Notice shall be served prior to the action becoming effective; however, where circumstances require immediate removal of the employee from the workplace, notice shall be provided within two (2) working days from the date the employee is removed from the workplace. Employees so removed shall be placed on paid leave pending 22 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION = MOU 2003-2006 imposition of discipline. A copy of the Notice of Intended Disciplinary Action shall also be filed with the Human Resources Director. The written Notice of Intended Disciplinary Action shall contain the following information: 1. The specific type of disciplinary action; 2. The effective date of the action; 3. The specific reason(s) or cause(s) for the actions; 4. Notice that the employee may inspect copies of all materials upon which the action is based, and 5. Notice that the employee has the right to respond orally or in writing within ten (10) days to the department head initiating the disciplinary action. No hearing before the City Manager is available to review oral or written reprimands. An employee who responds orally or in writing to the department head shall be entitled to meet in an informal conference with the department head or designee and shall be given the opportunity to rebut the charges against himTher or to state any mitigating circumstances. In the case of oral or written reprimand, the department head's decision shall be final. In the ease of discharge, demotion, suspension, or reduction in pay, the department head or other City designee shall hear and consider the facts presented by the employee and shall thereafter submit a written recommendation to the City Manager to either impose, rescind or modify the proposed disciplinary action. The recommended proposed disciplinary action shall also he served on the employee. The recommendation shall contain: 6. The specific type of disciplinary action; 7. The specific reason(s) or cause(s) for the actions; 36.6 Final Notice of Disciplinary Action: Following review of the department head's recommendation and the determination by the City Manager, the City Manager shall prepare a Final Notice of Disciplinary Action, advising the employee of the action to be taken, its effective date, and the employee's appeal rights. 1. Disciplinary action shall become effective on the date stated in the Final Notice of Disciplinary Action, unless the date is otherwise extended by the City Manager. 2. The City Manager shall file a copy of the Final Notice of Disciplinary Action with the Human Resources Director. The Final Notice of Disciplinary Action shall be delivered personally to the employee or shall be sent by registered or certified mail. 36.7 Appeal of Disciplinary Action: In the event of a demotion, suspension or dismissal, and the affected employee is not satisfied with the decision rendered by the City Manager, the employee may appeal the decision. The employee may appeal disciplinary decisions by filing a written appeal with the Human Resources Director within fifteen (15) work days 23 CITY OF LODI AND PO CE MID -MANAGEMENT ORGANIZATION — MOU 20032006 following service of the Final Notice of Disciplinary Action. The written appeal shall contain a written reply to the charges against the employee and written request for an appeal hearing. The employee shall submit a copy of the appeal to the City Manager. 36.8 If an employee submits an appeal, the City shall refer the case to a neutral hearing officer selected through the California State Mediation and Conciliation Services to hear the appeal and submit an advisory decision to the City Manager. Selection of the hearing officer shall be made by the parties' mutually selecting a list of 7 neutral hearing officers from the office of the California State Mediation and Conciliation Services. Absent mutual agreement on a name on the list, the parties will strike names from the list for final selection of the hearing officer. The selected hearing officer shall adhere to the following standard of review and hearing procedures: I. The appeal hearing shall be informal and strict rules of evidence shall not apply 2. The parties will have the right to present and cross-examine witnesses, issue opening and closing statements, and file written closing briefs. Witness testimony shall be under oath or affirmation. 3. The hearing officer may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. 4. Attendance at the appeal hearing shall be limited to those determined by the hearing officer to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representatives and the City's representatives 5. The appeal hearing will be held on the City's premises. 6. In conducting the appeal, the hearing officer's authority/jurisdiction shall be limited to reviewing the factual basis supporting the discipline and determining that the factual basis was reached honestly, after a fair, appropriate and procedurally correct investigation and for reasons that were not arbitrary, discriminatory or pretextual. Should the hearing officer, conducting the review specified above, affirm the factual basis for the discipline decision, he/she may not substitute his/her judgment for that of management's as to the level of discipline imposed. In the event the hearing officer finds that the level of discipline is excessive, he/she may submit an advisory opinion concerning what he/she feels would be the appropriate level of discipline to the City Manager. Should the hearing officer not affirm the factual basis for the discipline, the normal remedy will be to remand the matter to the decision level where the error occurred for reevaluation andfor correction consistent with the hearing officer's findings. In such a case, the hearing officer will have the authority to retain jurisdiction over the appeal to ensure compliance with the remand decision. 24 C TY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 20034006 7. The cost of the hearing officer shall be borne by the City. The parties will share equally the cost of the court reporter and each side will bear their respective costs of representation. 36.9 Any decision of the City Manager shall be final and binding. 36.10 Judicial review of any decision rendered under this section shall be governed by Code of Civil Procedure section 1094.5 36.11 For employees covered by the requirements of California Government Code section 3300 et. seq., the appeal procedures in this section shall be deerned to comply with and fully satisfy the right to an administrative appeal under Government Code section 3304. Article XXXVII —CITY RIGHTS 37.1 It is further understood and agree between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include but are not limited to , the exclusive rights to: • Determine the mission of its constituent departments, commissions, and boards Y Set standards of service • Determine the procedures and standards of selection for employment • Direct its employees • Maintain the efficiency of governmental operations • Determine the methods, means, and personnel by which government operations are conducted • Take all necessary actions to carry out its mission in emergencies • Exercise complete control and discretion and the technology of performing its work. City Rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline, and to determine the content of job classifications; provides, however, that nothing herein may be read to extend the terra of the MOU nor to supplement negotiations as a means for arriving at terms for a successor MOU. Article XXXVIII — EMPLOYEE REPRESENTATION 25 CITY OF NODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2003-2006 38.1 This Memorandum of Understanding (MOU) is entered into between representatives of the City of Lodi (City) and representatives of the Lodi Police Mid -Management Organization (LPMO). The parties hereto acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq., of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth herein. Both parties each certify without reservation that an adequate opportunity has been afforded its bargaining representatives to propose and vigorously advocate all negotiable subject matter during the course of collective bargaining preparatory to signing this agreement. The City will meet and confer before changing a policy or rule that is subject to meet and confer under the Meyers-Milias-Brown Act (MMBA). The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City and the LIMO agree and understand that if any section of the MOU conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure, city resolutions, or city ordinances, etc. any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document (i.e. policy manual or rules for personnel administration) is controlling. State and Federal laws will be adhered to. The City agrees to recognize LPMO representatives for the purpose/ of representing members of the LPMO on all matters relating to the administration of this MOU, and upon the request of an employee, on adverse actions and other matterswhich may be or are on appeal in accordance with the discipline article of this MOU. ARTICLE XXXIX EMPLOYEE RIGHTS 39.1 The City agrees that all disciplinary actions shall be taken in a timely manner, recognizing that imposing discipline, grieving such discipline, investigations, and criminal proceedings may preclude timely action. This process also includes investigations of the complaint, reconunending discipline to the office of the Police Chief, and the imposition of discipline. 39.2 The City shall abide by the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.), and such is hereby incorporated into this MOU. 26 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION MOU 2003-2006 39.3 It is understood by both parties that the LPMO, in addition to any other rights herein specified, has the following rights: 1. To represent its members before the City regarding wages, hours, and other terms and conditions or employment To receive timely written notice of changes to or adoption of any rule or regulation directly relating to wages, hours and other terms and conditions of employment. 3. With an employee's written consent, an authorized LPMO representative shall be permitted, upon request, to inspect the employee's official departmental personnel file during normal business hours. Such review shall not interfere with normal business of the Department. The City agrees to recognize the LPMO representatives for the purpose of representing employees on all matters relating to the administration of this MOU; and, upon the request of an employee on adverse actions and other matters which may be or are on appeal in accordance with Article XXXV3 of this MOU. 39.4 The City agrees to provide each represented employee with copies of special orders, general orders, training bulletins, departmental rules and regulations, and a copy of this MOU. 39.5 The City agrees not to interfere or in any way discriminate against an employee for exercising his/her right to belong to an employee organization or to exercise his/her rights under this MOU. The LPMO similarly agrees that it will not interfere with or discriminate against employees for exercising rights to belong or refrain from belonging to, supporting, or participating in the activities of an employee organization. 39.6 Both the City and the LPMO agree that no employee shall be subjected to any discrimination by the City or fellow employees in any matter relating to hiring, promotion, assignment, wages, or conditions or employment because of age, sex, creed, color, or national origin. Alleged discriminatory acts are subject to the City's Policy and Procedure regarding Discrimination, not the grievance procedure. ARTICLE XXXX — REST PERIOD 40.1 The intent of the rest period is to ensure that the employee is adequately rested for his/her assigned work shift. a. Employees will receive a continuous eight hour rest period immediately preceding or ininiediately following their scheduled court appearance or other departmental assignment(s), if less than eight hours has elapsed during: 1) the time period that employee's regular work shift ends and his/her scheduled appearance/assigrunent time; or 27 CITY OP LODI AND POLICE MIB -MANAGEMENT ORGANIZATION — MOU 2003-2006 2) the time period that officer is dismissed and his/her regular work shift begins. This rest period will not be charged to the employee. b. If an employee receives approval to take the remaining portion of his or her scheduled shill off, the employee's leave balances will be charged for the entire shift (as if no rest period has occurred). c. The rest period does not apply when an employee is scheduled for court or appearance/assignment the day immediately following a day off. ARTICLE XXXXI - CHANGES IN THE MOU 41.1 The City and the LPMO agree to reopen this MOU and to renew Meeting and Conferring on the subjects set forth herein during the teina of this MOU in the event that any provision of this MOU is modified by statute or by a competent order of a court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU shall continue in full force and effect unless and until they are also modified by statute or competent order of a court or agreement of the City and the LPMO. ARTICLE XXXXII - SEVERABILITY 42.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. CHAPTER 5 WORK HOURS ARTICLE XXXXHI - HOURS OF WORK 43.1 Employees shall work a "10-4" plan. Alternate work schedules may be developed and authorized by the Chief of Police. 43.2 It is mutually agreed that the City has the sole right to assign personnel, to establish hours of work and work schedules, to make changes to those schedules, to schedule employees off on compensatory time, and to schedule holidays and vacations, all depending on the needs of service. 28 CITY OF LORI AND POLICE MID -MANAGEMENT ORGANIZATION MOU 2003-2006 43.3 The City and LPMO mutually agree that split shifts are very stressful and may cause health problems. Consequently, supervisors and managers shall not work split shifts except during cases of an emergency nature. 43.4 All employees in the classification of Police Lieutenant or Police Sergeant assigned to Patrol shall select annually, beginning in the month of September, for at least a one year period, their preferred team assignment, days off sequence, holidays, and vacations on the basis of their seniority and the needs of the service. Seniority shall be defined as follows: Total time in service in the classification rank. Should a member of the LPMO leave membership for any reason and return to membership within twelve months, seniority shall be as if the member never left. 29 CITY OF LODI AND POLICE NIM7MANAGEMENT ORGANIZATION MOU 2003-2006 ATTACHMENT A Effective June 23"1, 2003, a 2.5% COLA will be implemented according to the following table: Classification:.' Step A Step 13::i Step C . step Police Sergeant 4,714.50 4,950.22 5,197,73 5,457.62 5,730.50 I Police Lieutenant 5,421.86 5,692,96 5,977.60 6,276.49 6,590.31 Police Captain 6,234.71 6,546.44 6,873.77 7,217,45 7,578.33 Effective July 21§1, 2003, a Salary Adjustment (first increment) will be implemented according to the following table: Classification Step A:`' Police Sergeant 4,888.61 Police Lieutenant 5,743.31 1 Police Captain 1 6,891.97 Step 13 5,133.04 6,030.47 7,236.57 Step C.- 5,389.69 6,3 3199 7,598.39 Ste: p 3:` 5,659.17 6,648.59 7,978.31 „Stet): 5,942.13 6,981.02 8,377,23 Effective July 2014, 2004, a Salary Adjustment (second increment) will be implemented by adding dollars to the salary schedule according to the following table: Classification Step A Step 13 Step C Step D Step E 1 Police Sergeant 174.11 182.82 191.96 201.56 211.64 1 Police Lieutenant 321.44 337.51 354.39 372.11 390.72 1 Police Captain 385.73 405.02 425.27 446.53 468.86 30 CITY OF LODI AND POLICE MID -IN ANAGEMENT ORGANIZATION -- MOU 2003-2006 SUBJECT: DATE ISSUED: SECTION: CITY OF LODI ATTACHMENT B ADMINISTRATIVE POLICY AND PROCEDURE MANUAL :VACATION LEAVE — Policy :V SECTION 1; PURPOSE The purpose of this policy is to provide guidance in the implementation of vacation leave. SECTION 2: ELIGIBILITY Each probationary and regular full-time employee in the classified service earns vacation benefits in accordance with his/.her length of continuous service and in accordance with the provisions of approved memorandum of understanding or management pay plan. 1 Provisional, temporary, part-time, seasonal, or emergency employees shall not accrue vacation. SECTION 3: ACCRUAL Vacation benefits are earned in accordance with an employee's appropriate memorandum of understanding or statement of benefits. Employees earn full vacation leave credits for any pay period in which they are in a full pay status for the equivalent of one-half or more of their regularly scheduled work hours. Hours of vacation leave are credited at the approved rate in accordance with the terms of the appropriate memorandum of understanding. The maximum amount of unused vacation hours that an employee inay accrue, at any give time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Under extenuating circumstances, requests to accrue vacation leave over the maximum may be authorized by the City Manager. Requests must be; a) submitted in writing, b) include justification 31 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION -- MOU 2003-2006 for the exception, and c) be recommended for approval by the Department Head. The City Manager has sole discretion to approve or deny such requests. SECTION 4: SCHEDULING Dates of vacation may be requested by the employee, but are subject to the approval of the Department Head. Approval of vacation leave is at the discretion of the Department Head given considerations such as departmental procedures for request and approval, workloads, scheduling, seniority, and in accordance with terms of the appropriate memorandum of understanding. SECTION 5: UTILIZATION After six (6) months of continuous service, an employee may request utilization of vacation leave. Vacation leave may be taken in quarter hour increments. Employees are not permitted to take vacation leave in excess of their accumulated balance. Employees on vacation leave shall be considered in full -pay status, and continue to accrue seniority, sick leave, and vacation leave credit. SECTION 6: HOLIDAYS FALLING DURING VACATION When a holiday or day observed in lieu of a holiday occurs on a day on which an employee is taking vacation such employee shall not be charged as using vacation for that day. The employee's compensation for that day shall be holiday and he/she shall not be paid or charged for vacation. SECTION 7: ILLNESS OR ACCIDENT DURING VACATION An illness or accident during a regularly approved and scheduled vacation period may be converted to sick leave when the following action is taken: The employee, immediately upon return to duty, submits to his/her Department Head a written request for sick leave and, if requested, a written statement signed by the employee's attending physician certifying to the nature and dates of the employees physical disability. SECTION 8: COMPENSATION FOR VACATION LEAVE UPON SEPARATION FROM SERVICE 32 CITY OF LODI AND POLICE MID -MANAGEMENT ORGANIZATION - MOU 2003-2006 An employee who leaves City employment shall be compensated at his/her current rate of pay for vacation accrued but not taken up to the date of termination. Employees planning their resignation or retirement may request permission to take a terminal vacation to the limit of their accumulated vacation leave balances. Such planning involves the submission of a written request to the Department Head for approval. SECTION 9: CHARGEABLE ABSENCES TO VACATION LEAVE Other than for the purposes of taking a vacation, an employee may elect to charge an approved leave of absence to vacation leave. Such absences are subject to approval from an employee's Department Head, and in accordance with the City of Lodi Administrative Policy and Procedure for Leave of Absence and the appropriate memorandum of understanding. 33