HomeMy WebLinkAboutResolutions - No. 2014-32RESOLUTION NO. 2014-32
A RESOLUTION OF THE LODI CITY COUNCIL APPROVING
2014 MEMORANDUM OF UNDERSTANDING
WITH THE LODI POLICE OFFICERS ASSOCIATION OF LODI AND
FURTHER APPROPRIATING FUNDS
WHEREAS, representatives from the City of Lodi and the Lodi Police Officers
Association of Lodi have bargained in good faith for the purpose of approving the 2014
Memorandum of Understanding (MOU); and
WHEREAS, it is recommended that Council approve the attached 2014 MOU
(Exhibit A) with the Lodi Police Officers Association of Lodi, including the following:
® Base one-time non -PERS -able payment of $2,300;
• Increase to the January 2014 Medical Cap (as defined in detail below):
Current Proposed Difference
Single $610.44 $657.33 $46.80
Employee + 1 $1,220.88 $1,314.66 $93.76
Family $1,587.14 $1,709.06 $121.92
® One-time non -PERS -able additional uniform allowance payment equal to one
percent (1%) to all members of this bargaining unit; and
® Greater flexibility in the timing of employees' ability to cash out certain leave
balances.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the attached 2014 Memorandum of Understanding (Exhibit A) between the City
of Lodi and the Lodi Police Officers Association of Lodi, including the one-time
amendments as outlined above; and
BE IT FURTHER RESOLVED that funds be appropriated as shown on the
attached Appropriation Request Form.
Date: March 5, 2014
I hereby certify that Resolution No. 2014-32 was passed and adopted by the Lodi
City Council in a regular meeting held March 5, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, and
Mayor Katzakian
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Nakanishi
ABSTAIN: COUNCIL MEMBERS — None`---
_D.1rJOHL-OLSON
City Clerk
2014-32
TO:
3. FROM:
Jordan Ayers
14. DEPARTMENT/DIVISION:
internal Services pent, - Budget Division
Mers:'jf `st rsiir,
A.
SOURCE OF
FINANCING
FUND #
100
1. AA#
2, JV#
15. DATE:
315114
o NDIRM � aV �iom'hitt ` arAgip
tul 4
BUS, UNIT # ACCOUNT # ACCOUNT TITLE
3205 Fund Balance
AMOUNT
293,450.00
B. 100 101032 7101 Regular employee salary $ 293,450.00
USE OF
FINANCING
VAN:"`" S. s ? litg°?i ' tr � t i nantb ra
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
4:
Appropriation increase associated with adjustments to the Police Officers Association of Lodi MOU adopted on March 5,
2014
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date:
Res No:
Department Head Signature: _ /
Attach copy of resolution to this form.
�G�i;??�-zi%1,'r4i?
Deputy City Manager/Internal Services Manager
Date
Submit completed form to the Budget Division with any required documentation.
Final approval will be provided in electronic copy format.
ME
ORANDUM OF UNDERSTAN
CITY OF LODI
AND
DING
POLICE OFFICERS ASSOCIATION OF LODI
JANUARY 1, 2014 -- DECEMBER 31, 2014
CITY OF LOIN AND POIACI. OFFKERS'ASS.00IATION_nELDDI- MM. 2014
TABLE OF CONTENTS
CHAPTER 1 — COMPENSATION & WORKING CONDITIONS
Article I
Article II
Article III
Article IV
Article V
Article VI
Article VII
Article VIII
Article IX
Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Article XVIII
CHAPTER 2 — LEAVES
Article XIX
Article XX
Article XXI
Article XXII
Article XXIII
Article XXIV
Article XXV
Article XXVI
Article XXVII
Salary
Hours of Work
Overtime
Rest Period
Compensatory Time
Above CIass Pay
Education Incentive
Bilingual Officers
Arson/Explosive Ordinance Incentive
Motor Officers
Canine Duty
Police Corporals
Special Assignment Pay
Call Back
Court Time
Additional Compensation/Loyalty Program
Uniform Allowance
Safety Committee
Catastrophic Leave
Family Medical Leave
Bereavement Leave
Holidays
Leave of Absence
Reserved
Sick Leave
Vacation Leave
Reserved
CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT
Article XXVIII
Article XXIX
Article XXX
Article XXXI
Article XXXII
Article XXXIII
Article XXXIV
Article XXXV
Cafeteria Plan
Chiropractic Insurance
Dental Insurance
Flexible Spending Account
Vision Insurance
Medical Insurance
Reserved
Deferred Compensation
2
Page #
4
4
5
6
6
7
7
7
8
8
8
9
9
10
10
11
11
12
13
13
13
13
14
15
15
15
16
16
17
17
17
17
17
18
19
C.i"J'YDELO LAND POLAct.C?LtztaRS' ASS CI_AT ONQF_LODL,LAQI .._.._2.L3_L4.
Article XXXVI Life Insurance 19
Article XXXVII Public Employees' Retirement System 19
Article XXXVIII Sick Leave Conversion Program. 20
Article XXXIX Survivors Benefits 22
Article XL Tuition Reimbursement 23
CHAPTER 4 — ASSOCIATION / CITY ISSUES
Article XLI ' Association Time 23
Article XLII Beneficial Pay Practice 23
Article XLIII Changes in the MOU 23
Article XLIV City Rights 24
Article XLV Concerted Activities 24
Article XLVI Employee Representation 25
Article XLVII Employee Rights 27
Article XLVIII Grievance Procedure 28
Article XLIX Layoff Procedure 33
Article L Probationary Period 34
Article LI Severability 34
Article LII Term 35
Exhibit A --- Salary Schedule
Attachment A — Side Letter Regarding Promotional Examinations
3
CITY OF LODI..AND POLICE _OFFICERS' _ASSOCIA ION OP LODI.--- MOLL ___2014
CITY OF LODI
AND
POLICE OFFICERS' ASSOCIATION OF LODI
2014
CHAPTER 1 e COMPENSATION & WORKING CONDITIONS
ARTICLE 1 - SALARY
1.1 The Salary Schedule for members of the POAL will be as set forth in Exhibit A.
1.2 Although the City is not required to perform a survey during the term of this MOU, the
parties agree that if a survey is performed, the fifteen cities to be surveyed shall be:
Chico, Clovis, Davis, Fairfield, Merced, Manteca, Modesto, Redding, Roseville,
Stockton, Tracy, Turlock, Vacaville, Visalia and Woodland.
1.3 City shall provide a one-time, non-PERSable payment of $2,300 to each member of this
bargaining unit who is employed by the City on the date of approval of this MOU by the
City Council. Payment will be made in a lump sum manner along with a regularly
scheduled pay check within two pay periods of the approval of this MOU by the City
Council.
ARTICLE H - HOURS OF WORK
2.1 Patrol Officers shall work a "10-4" plan. Officers assigned to the Investigations Bureau
will work a "10-4" work schedule.
2.2 The work period for safety employees will consist of 14 days (coincides with bi-weekly
pay period). This work period shall be from Monday through the second succeeding
Sunday.
2.3 It is mutually agreed that the City has the sok 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".
4
_ T"T'Y_Q[ .LQL ANT _
2.4 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 Canine Officer assigned to Graveyard with Thursdays and Fridays off in
order to better facilitate training.
2.5 All employees in the classification of Police Officer Trainee, Police Officer or Police
Corporal, 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 as a member of the bargaining 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.) The parties agree to meet and
confer within two weeks of the execution of this MOU to consider a side letter to
conform this provision to existing practice.
ARTICLE III - OVERTIME
3.1 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. Overtime is defined as the number of hours worked in
excess of the normal weekly schedule of work hours illustrated below:
Work Schedule Overtime
10 hours per day, 4 days per week over ten hours in a day
9 hours per day, 9 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 overtime eligibility, hours worked in excess of eight (8) hours on this day
shall be considered overtime.
3.2 Overtime hours shall be reported and paid at the rate of one and a half times regular pay,
or any greater amount as required by law, in quarter hour increments with less than 7.5
minutes rounded down to the next quarter hour increment and over 7.5 minutes rounded
up to the next quarter hour increment.
5
„CFI' X.. _F_LOD1 AND POLICEOF ICERS'.AS.SOCIATIONOELODI _Iv Ot 291 :
ARTICLE IV - REST PERIOD
4,1 The intent of the rest period is to ensure that the officer is adequately rested for his/her
assigned work shift.
a. Officers will receive a continuous eight hour rest period immediately preceding or
immediately following their scheduled court appearance or other departmental
assignment(s), if less than eight hours has elapsed durin:
1) the time period that officer's regular work shift ends and his/her scheduled
appearance/ assignment time; or
2) the time period that officer is dismissed and his/her regular work shift
begins.
This rest period will not be charged to the officer.
b. If an officer receives approval to take the remaining portion of his or her
scheduled shift off, the officer'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 officer is scheduled for court or
appearance/ assignment the day immediately following a day off.
4.2 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.
4.3 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, perrnission to combine his/her 15 -minute break with his/her 45 -minute lunch
period for this purpose.
ARTICLE V - COMPENSATORY TIME
5.1 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.
6
C TY.D '.r OD ANn ..................A . Circ 'taN..9r Cin . =.N[c
tL 2fI1
5.2 No more than 240 hours of compensatory time may be carried on the books at any time.
5.3 An employee's decision to elect compensatory time instead of overtime pay is
irrevocable.
5.4 Upon separation, the employee will be paid at the employee's current hourly rate or the
average of the last three years, whichever is higher, for the remaining compensatory
balance.
5.5 Bargaining unit members shall be allowed to cash out up to a maximum of 100 hours of
earned compensatory time off twice per year, in April and October.
ARTICLE VI - ABOVE CLASS PAY
6.1 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.
ARTICLE VII - EDUCATION INCENTIVE
7.1 Education incentive pay shall be as follows:
Bachelor's Degree
Basic POST Certificate
$200.00 per month
$50.00 per month
Intermediate POST Certificate $150.00 per month
Advanced POST Certificate $300.00 per month
No employee shall be entitled to additional pay provided in this paragraph until
completion of the appropriate probationary period. The POST Incentives set forth in this
clause are paid at the highest level certificate held (i,e. they are not stackable).
ARTICLE VIII - BILINGUAL OFFICERS
8.1 Officers who have demonstrated a conversational proficiency in Spanish, Punjabi or
American Sign Language shall receive an allowance of $150.00 per month above their
normal base pay. Officers shall not be eligible for the bilingual allowance while
attending a POST Basic Academy.
7
CITY._t I-,Ql]1 /1NI3l'0 <I L0� 1 � RS°/ SSO A'r'ION OF 9 ]X - MOU _2Q1-4
ARTICLE IX - ARSON / EXPLOSIVE ORDINANCE INCENTIVE
9.1 Officers performing the Arson / Explosive Ordinance function shall be paid an incentive
of an additional 2.0% of the employee's base salary.
ARTICLE X - MOTOR OFFICERS
10.1 Officers assigned to the Motors Unit shall be compensated at the officer's regular rate of
pay. 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
assignments. Officers 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. Nonetheless an officer shall
not be punitively removed from a specialty assignment without being granted an
opportunity for an administrative appeal. However, the provision of an appeal shall not
create a property interest in the assignment.
ARTICLE XI - CANINE DUTY
11.1 The pay provisions for canine duty shall be regulated only by the following:
a. The City and POAL estimate that the time canine officers spend in all aspects of
the care, feeding, exercise, transport 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 reasonably necessary and is accordingly not authorized.
The pay rate for the performance of such work shall be $7.25 per hour.
Accordingly, the full compensation due officers for the performance of their
canine responsibilities, on a bi-weekly basis, is $10150. If the federal minimum
wage increases, this hourly rate shall increase accordingly.
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.
8
CITY.0E.L0I2_1.ANn..POL.10E_Qin'FICFRS'..ASSQc1ATION.
11.2 It is mutually agreed that assignments to the Canine program are at the sole discretion of
the City. No officer has any property rights to such assignments. Officers 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. Nonetheless an officer shall not be punitively removed
from a specialty assignment without being granted an opportunity for an administrative
appeal. however, the provision of an appeal shall not create a property interest in the
assignment.
11.3 Officers assigned to the 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 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 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 Canine Officers.)
ARTICLE XII - POLICE CORPORALS
12.1 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 supervision in the absence of
the Sergeant. It is also mutually agreed that Corporals shall not accept, investigate, or in
any form, handle any matter of discipline.
ARTICLE XIII - SPECIAL ASSIGNMENT PAY
13.1 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 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. Nonetheless an
9
C T QE.Z..C)DLANll POUCi _(? 't. t.CERS° ASSO;TATLONQF'.....?I.--MQU__....2�i
officer shall not be punitively removed from a specialty assignment without being
granted an opportunity for an administrative appeal. Idowever, the provision of an appeal
shall not create a property interest in the assignment.
ARTICLE XIV - CALL BACK
14.1 Officers called to appear for work within two hours of the beginning of a shift, or one
hour after the shift, shall receive overtime at the rate of time and one-half. Such
appearances shall be reported as contiguous shift extensions. If the appearance begins
more than two hours before or more than one hour after the scheduled shift, the employee
will be credited a minimum of three hours at the time and one-half rate.
When an officer is ordered back to work on an "as soon as possible" basis and reports
within thirty minutes, the officer shall be compensated from the time of the call.
ARTICLE XV - COURT TIME
15.1 Police Officers scheduled to make court appearances during off-duty hours, on scheduled
days off; or when on graveyard shift, shall be compensated at the rate of time and one-
half for actual hours involved in such appearances. In no event shall they be paid for less
than four hours.
15.2 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.
15.3 Cancellation of scheduled appearance must be made at least two hours before said
scheduled appearance or the minimum four hours shall be paid.
15.4 Officers who receive a subpoena to appear in court, shall notify the 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.
10
CITY_c�� O1)I.ANn ot,lCf c�I,t KERS' ASSOC IATIO.N.ol~__t QnL. cit _2.4ta
ARTICLE XVI - ADDITIONAL COMPENSATION/LOYALTY PROGRAM
16.1 After completing ten years of service with the Lodi Police Department, employees shall
receive an annual loyalty compensation amount of $1,500 in November of the year
following completion of ten years of service and each year thereafter until completing
twenty years of service with the Lodi Police Department. Employees who have
completed twenty years of service with the Lodi Police Department will receive an
annual loyalty compensation amount of $3,000 on November of the year following
completion of twenty full years of service and each year thereafter.
For the purposes of this article, all employees who as of October 31s` meet the service
level requirements {either ten full years or twenty full years from the first day of the
month in which they started their employment with the City of Lodi Police Department)
shall receive the loyalty compensation associated with their years of service with the Lodi
Police Department.
The Incentive in this Article is limited to employees hired prior to July 10, 2012.
ARTICLE XVII - UNIFORM ALLOWANCE
17,1 The uniform allowance shall be $950 annually paid bi-weekly in the employee's normal
payroll check.
17.2 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 $800 annual uniform allowance for
those officers assigned to Motors, paid bi-weekly in the employee's normal payroll
check.
17.3 If a Motor Officer fails to complete an 18 -month assignment he/she agrees to reimburse
the City on a prorated basis 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.
17.4 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.
11
CI"TY(F LOtliA.ND
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 SI., -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.
17.5 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired
by the City.
17.6 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
receive a bi-weekly uniform allowance until 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.
17.7 If an employee is terminated, all remaining bi-weekly uniform allowance payments will
be forfeited as of the termination date.
17.8 In addition to the above uniform allowance, City agrees to make a one-time, non-
PERSable payment of one percent (1 %) of employees' base salary as shown in Schedule
A toward the uniform allowance to each member of the bargaining unit who is employed
by the City on the date of approval of this MOU by the City Council. Payment will be
made in a lump suin manner with a regularly scheduled pay check within two pay periods
of approval of this MOU by the City Council. This clause shall sunset on December 31,
2014.
ARTICLE XVIII - SAFETY COMMITTEE
18.1 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.
1?
CITY QF,. LODJANDPOI,ICJ QF1?ICJ J SASSOS:tATr'LONOI?.[.-QDI-[VrOU - 201.4
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.
This safety committee shall be chaired by the "Administrative Sergeant" and shall consist
of three (3) Police Officers, one (1) Lieutenant, one (1) Captain, and three (3) non -sworn
members of the department.
CHAPTER 2 - LEAVES
ARTICLE XIX- CATASTROPHIC LEAVE
19.1 Catastrophic Leave is available to employees in accordance with the City's current
Catastrophic Leave of policy.
ARTICLE XX - FAMILY MEDICAL LEAVE
20.1 Family Medical Leave is available to employees in accordance with the City's current
Family Medical Leave policy.
ARTICLE XXI - BEREAVEMENT LEAVE
21.1 Bereavement Leave is available to employees in accordance with the City's current
Bereavement Leave policy.
ARTICLE XXII - HOLIDAYS
22.1 Effective January 1 of each year, each represented member of the POAL shall be granted
13.5 days of holiday leave which may be taken on any day of the week depending on the
needs of the service. For purposes of this section, a day shall be the equivalent of one
assigned shift of work. I-Iowever, notwithstanding anything to the contrary in this MOU,
Holiday Leave may be taken in hourly increments.
22.2 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 he continued.
13
CITY .OI=LOnl_A.NDPOMP: ..OE I(:T=.ItS'.A OCJ.ATIO {21: QJ)I7,1V101) 2014
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 Motor Officers
shall not be prorated.
22.3 Officers assigned to special assignments shall observe the following holiday schedule:
New Year's Day
Martin I..uther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Afternoon of Christmas Eve
Christmas
January 1
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4
l'I Monday in September
4th Thursday in November
Friday following Thanksgiving
half day on December 24
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 he 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-Inonth period
remaining in the year deducted from their holiday leave balances.
22.4 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.
22.5 Bargaining unit members shall be allowed to cash out holiday time in April and October.
If holiday time is not used by the end of the calendar year, it will be cashed out to the
employee.
ARTICLE XXIII - LEAVE OF ABSENCE
23.1 Leave of Absence is available to employees in accordance with the City's current Leave
of Absence policy.
14
CZT ..QT? LOAI.AND _poIi y;QEFJCER '_A.SSQ2XFIQI�..�.41{_MC)U
ARTICLE XXIV RESERVED
ARTICLE XXV - SICK LEAVE
25.1 The objective of this section is to provide methods of furthering the health and general
welfare of City employees, as well as ensuring maximum and reasonable job 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 during 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. Emergency leave to the death or imminent death of family members.
25.2 Effective the pay period beginning October 25, 2004, all employees shall accumulate sick
leave at the rate of 5.54 hours per pay period (144 hours per year).
25.3 Sick leave may be accumulated to an unlimited amount.
ARTICLE XXVI - VACATION LEAVE
26.1 Vacation accruals shall be as follows:
0-5 years
6-11 years
12-14 years
15-20 years
21 years
22 years
23 years
24 years
25 years
vacation shall be earned at the rate of 3.08 hours per pay period.
vacation shall be earned at the rate of 4.62 hours per pay period.
vacation shall be earned at the rate of 5.24 hours per pay period.
vacation shall be earned at the rate of 6.16 hours per pay period.
vacation shall be earned at the rate of 6.47 hours per pay period.
vacation shall be earned at the rate of 6.78 hours per pay period.
vacation shall be earned at the rate of 7.09 hours per pay period.
vacation shall be earned at the rate of 7.40 hours per pay period.
vacation shall be earned at the rate of 7.71 hours per pay period.
15
cIT '9F
26.2 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 12 months of employment shall be entitled to a payoff for vacation days on a
prorated basis.
26.3 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.
26.4 The maximum amount of unused vacation hours that an employee may accrue, at any
given time is twice the employee's annual vacation entitlement. Whenever an
employee's unused, accrued vacation has reached this maximum accrual amount, the
employee shall stop accruing any additional vacation. Accrual will automatically resume
once the employee uses some vacation and the accrual balance falls below the maximum
accrual amount.
Under extenuating circumstances, requests to accrue vacation leave over the maximum
may be authorized by the City Manager. For all other issues regarding Vacation Leave
refer to the City's Policy of Vacation Leave.
26.5 All persons hired after October 10, 1994, shall only accrue a maximum of 6.16 hours of
vacation per pay period.
26.6 Employees shall be eligible to annually cash out all accrued vacation hours in excess of
80 hours in October of the calendar year.
ARTICLE XXVII - RESERVED
CHAPTER 3 - INSURANCE BENEFITS & RETIREMENT
ARTICLE XXVIII - CAFETERIA PLAN
28.1 The City intends to propose a cafeteria based benefit plan with an effective date of
January 1, 2015. This program would incorporate but not be limited to Medical, Dental,
Visions, Chiropractic and Life Insurance. The above terms of this Agreement will be
reopened for negotiation upon the City's presentation of a draft plan. The City's
proposed cafeteria plan will offer substantially the same or better benefits to those
currently received by unit members.
16
CT"I'y_01 I 0 I_ ANT] I'OT-I� I91 r GT 125'. AS50 1 :1101 OI .L.LODI . M) .J _._2014
ARTICLE XXIX - CITIROPRACTIC INSURANCE
29.1 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 XXX - DENTAL INSURANCE
30.1 The City agrees to provide a dental plan equivalent to the Stanislaus Foundation for
Medical Care dental plan (group number 5110) to all employees and their dependents.
The City reserves the right to select any dental administrator.
30.2 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.
ARTICLE XXXI - FLEXIBLE SPENDING ACCOUNT
31.1 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 XXXII - VISION INSURANCE
32.1 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. The City reserves the right to select any vision carrier.
ARTICLE XXXIII- MEDICAL INSURANCE
33.1 The City shall offer medical insurance equivalent to the CalPERS Health Program. If no
equal alternative is readily available, the City and the POAL will meet to negotiate
alternatives promptly. To the extent the provider discontinues or changes the medical
plan coverage, these changes are not the responsibility of the City. The City shall
however, make every effort to retain the medical plan as agreed to by the POAL and City.
17
CITY_OELODIANn POLICi,D FI_CEIZS° ASSOCIATION OF.LODI -JAM --- 2014
33.2 All employees are offered medical insurance for themselves and dependents through
Ca1PERS medical plans. City shall pay 100% of the premium for employee's fancily
category (Family, Employee + 1, Single) for the lowest cost PERS HMO available in
Lodi's geographical area (excluding Porac) effective January I, 2014.
If an employee elects not to be covered by medical insurance through the City of Lodi, an
additional:
$692.81 per month for Family
$532.92 per month for Employee + 1
$305.22 per month for Single
will be added to either the employee's deferred compensation account or cash. In order
to qualify for this provision, proof of group insurance must be provided to the City.
Effective January 1, 2014, City will pay a maximum of the following for each family
category:
$1,709.06 for Family
$1,314.66 for Employee + 1
$657.33 for Single.
If employee selects a higher cost plan, employee will pay the difference as a payroll
deduction.
POAL shall allow a number equal to half of their membership of City employees to
become associate members of POAL solely to allow access to health plans not otherwise
available to non-public safety members. Associate memberships shall be allotted on a
first-come, first-served basis.
33.3 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.
33.4 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.
33.5 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.
ARTICLE XXXIV - RESERVED
18
CI Y_Or LOO AN[7 1'4I,I� . 0ITICERS _ASS_OCIA ION01, 0D.1
ARTICLE XXXV - DEFERRED COMPENSATION
35.1 The City agrees to allow employees to continue to participate in the City of Lodi's
Deferred Compensation Plan as allowed by IRS Code 457(k).
35.2 The City shall match contributions by an employee to a deferred compensation program
up to a maximum 3.0% of the employee's gross salary.
ARTICLE XXXVI - LIFE INSURANCE
36.1 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 XXXVII - PUBLIC EMPLOYEES' RETIREMENT SYSTEM
37.1 The City of Lodi provides retirement benefits through the Public Employees Retirement
System. Employees shall receive the following retirement benefits. The following plan
is available to employees hired prior to December 22, 2012 who are deemed "classic"
employees by PERS:
Public Safety
3% @ 50 plan
• 1959 Survivors Benefit -- Third Level
O Employee shall pay the full employee share
of retirement costs (9%) as calculated by
PERS in its annual actuarial valuation
® Credit for Unused Sick Leave
m Military Service Credit as Public Service
9 Single Highest Year
37.2 For employees hired after December 22, 2012 and deemed to be "classic" employees by
PERS, the following retirement plan will apply:
19
I FY QI'._LQJI ANP 'QLICEQ TIGERS' AS.SQC1AT1QN_.QlaLQp1.-M 1L_29JA
Public Safety
3% @ 55 plan
• 1959 Survivor Benefit -- Third Level
• Employee shall pay the full employee share
of retirement costs (9%) as calculated by
PERS in its annual actuarial valuation
• Credit for Unused Sick Leave
6 Military Service Credit as Public Service
• Highest Three Year Average
37.3 The City agrees to provide the following PERS retirement program and to pay the
employer's cost for employees deemed to be "new" employees by PERS under the Public
Employee's Pension Reform. Act of 2013 (PEPRA):
▪ 2.7% @ 57 plan
® 1959 Survivor Benefit -- Third Level
® Credit for Unused Sick Leave
® Military Service Credit as Public Service
• Highest Three Year Average
• Employee shall pay the full employee share of
retirement costs as calculated by PERS in its
annual actuarial valuation
ARTICLE XXXVIII - SICK LEAVE CONVERSION PROGRAM
38.1 This section applies to all employees hired prior to October 10, 1994.
For all unused sick leave, a represented employee with ten years of employment with the
City shall receive medical insurance coverage upon retirement (but not upon resignation
or termination) on the following basis:
OPTION 41 — "Bank"
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.
20
GL Y.S�IA'
D1_AND_P............................ .S.SOCIATIO i
For example:
Officer Smith retires with 20 years of service and 1800 hours of sick leave,
His/her monthly salary is $3,412.47 ($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.
OPTION #2 — "Conversion"
The number of accumulated hours shall be multiplied by 50% and converted to days.
The City shall pay one month's premium for employee and dependents for each day after
conversion. For each year of employment in excess of 10 years, 2.5% shall be added to
the 50% before conversion. The amount of premium paid shall be the same as the
premium paid by the City at the time of retirement, subject to the cap shown in Section
33.2 of this MOU. Any differences created by an increase in premiums must be paid for
by the employee.
For example:
Officer Smith retires with 25 years of service and 1800 hours of unused sick
leave:
Sick Leave Hours — 1800 divided by 8(coverage factor)=225
225 times 87.5 (% of coverage) -196.88
196 divided by 12(yrs) = 16.4 total years of coverage
OPTION #3 — "Cash -Out"
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.
OPTION #4 -- "Service Credit"
Employees may elect to add PERS 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
21
CITY QF..ODI_A [t?_P_OI ICI
FFickIZS' ASS_QCIATION_O. '_l,<ODI..--MQU___2__0.14
October 10, 1994. 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 37.1, the City will report they have zero hours of unused sick leave.
38.2 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 option #1.
38.3 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.
38.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the
City's liability as specified in Section 38.1 of this Article.
ARTICLE XXXIX - SURVIVORS BENEFITS
39.1 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 rnember killed in the line of duty until such
time as either:
the children become adults, or
the children are covered under other alternative medical coverage
provided by and through the surviving spouse or the person who he/she
remarries.
39.2 Survivor benefits (listed in 4856 of the California Labor Code) do not apply to Police
Officer Trainee until such time that he/she is sworn pursuant to Article 20, Section 3
39.3 Disability benefits (listed in 4850 of the California Labor Code) shall not apply to until
such time that he/she is sworn pursuant to Article 20, Section 3.
22
CI't_ _... =..I:,ORLI ND_PC ,TCE OHICERS' ASSOCIATION. OF )✓obi MOD 2.0.14
ARTICLE XL - TUITION REIMBURSEMENT
40.1 Tuition Reimbursement is available to employees in accordance with the City's current
Tuition Reimbursement policy
CHAPTER 4 - ASSOCIATION/CITY ISSUES
ARTICLE XLI - ASSOCIATION TIME
41.1 Individual bargaining unit members may donate from their accrued vacation leave,
holiday leave, or compensatory time off up to a total of 800 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.
41.2 The POAL has the right to purchase additional time at the rate of 150% of base pay.
41.3 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 - BENEFICIAL PAY PRACTICE
42.1 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.
ARTICLE XLIII - CHANGES IN THE MEMORANDUM OF UNDERSTANDING
43.1 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.
23
cay,OEI,ppt . p: pr.Q4 IC1 oJ'I{:JCt?,R ':I,SSQ.CIA_.TIi_9II �) I_. Nf J 204
ARTICLE XLIV - CITY RIGHTS
44.1 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.
• 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; 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.
ARTICLE XLV - CONCERTED ACTIVITIES
45.1 The POAL and employees agree that they will not engage in any strike, sympathy 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 by this agreement acknowledge
that any such activity by employees covered by this agreement is misconduct which may
lead to discipline up to termination.
24
CITY___OF LODI AND I'OI.,IO.I ..OI FiC.FR5_'__6._S.SQ.cJAIi.QN OJ'LODI_--- MOU_ 2.0.4
ARTICLE XLVI - EMPLOYEE REPRESENTATION
46.1 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
{FOAL).
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.
The terms and conditions of this MOU are applicable to Police Officer Trainee, Police
Officer and Police Corporal.
It is mutually agreed that this document supersedes all previous MOU's and all practices
not defined in this MOU.
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 employrnent 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.
46.2 The City and the POAI.a mutually agree that the City shall grant dues deduction to City
employees who are members of the POAL 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
25
CJTY.QF._LQDIANt)_POI CE..QE IC RS.'_A SOLJAILD.. QI _I,..nI_
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 checkoff.
46.3 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.
46.4 All new hires in the classification of Police Officer Trainee shall remain in this category
until they have completed their field training program and have been certified to work as
a Police Officer.
46.5 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.
46.6 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 XLVII of this MOU.
26
CITY OUOnt SNP_ POi,icrQ FJCERS' ASS.Qc1ATI.ONI Q LOnr..-1v Q . _ 0..14
ARTICLE XLVII - EMPLOYEE RIGHTS
47.1 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.
47.2 The POAL retains the right to provide representation for employees in the classification
of Police Officer Trainee, though it is acknowledged that prior to being sworn pursuant to
Article 20, Section 3, that the Police Officers Procedural Bill of Rights is not applicable
to those employees. The City and its employees agree that disciplinary actions involving
employees in the classification of Police Officer Trainee, prior to being sworn, will
continue to be handled in a manner consistent with other member of this bargaining unit.
47.3 It is understood by both parties that the POAL, 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 of employment.
2. To receive timely written notice of changes to or adoption of any rule or
regulation directly relating to wages, hours and other terms and conditions of
employment.
3. With an employee's written consent, an authorized 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.
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 XLVI of this MOU.
27
CITYQI LQD1_AND PQI TCEQEFLGER ' 45_5,()04'119 OFT..OJ)J_-.WV. ._.. 2014
47.4 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.
47.5 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 exercising rights to belong or refrain from belonging
to, supporting, or participating in the activities of an employee organization.
47.6 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 regarding Discrimination, not the grievance procedure.
ARTICLE XLVIII - GRIEVANCE PROCEDURE
48.1 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
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 "working days" refers to Monday through
Friday, excluding City -recognized holidays.
28
-ITY_U _i_,QP._1_ NI) P.Q.I{I 1 41 z'JCI S'_ASSOCZI TIONOF LO171.---14011_--.20.14
48.2 Grievance Procedure
A. Grievances in General. An employee, individually or in representation of a group
of employees, may complain to City management through the grievance
procedure regarding any matter relating to that employee's wages, hours, or
conditions of employment. A grievance may be either formal or informal. An
informal grievance is a prerequisite to filing a formal grievance.
B. Informal Grievance. An employee, individually or in representation of a group of
employees, with a grievance shall first discuss the matter with his or her
immediate supervisor within ten (10) working days of the matter complained of.
The supervisor and the employee shall attempt to informally resolve the dispute.
If this is not accomplished, the employee shall next discuss the matter with the
next level of supervision within ten (10) working days of the unsuccessful
discussion and so on, until the employee reaches the Police Chief. The decision
of the Police Chief regarding an informal grievance shall be final unless the
employee files a formal grievance. A request for the grievance to be presented in
writing may be made at any supervisory level and shall be made prior to filing a
forrnal grievance.
C. Formal Grievance
1. An employee, individually or in representation of a group of employees,
who has a grievance which remains unresolved after utilizing the informal
grievance procedure may file a formal grievance in writing. The
employee shall file a formal written grievance with the City Manager or
designee within ten (10) working days after the final decision on the
informal grievance. The formal grievance shall contain all relevant
information relating to the grievance which the employee wishes the City
Manager to consider. The City Manager or designee shall meet with and
respond in writing to the employee within ten (10) working days of the
receipt of the grievance.
2. A grievance may be appealed to arbitration. Only the POAL may appeal
to arbitration, and must notify the City within ten (10) working days after
the decision of the City Manager.
29
CU__.QI _Z,QrnI_AND O_I,IcE o rlC 5'A CADON. ori tppx...-._
3. Selection of Arbitrator. Within ten (10) working 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, the parties shall immediately and jointly request a
panel of five arbitrators from the State Conciliation and Mediation Service
and shall alternately strike names until one name remains. 1'he order of
striking shall be determined by lot.
48.3 Discipline
A. Discipline in General. Causes for disciplinary action are specified in the Rules for
Personnel Administration (RPA) and the Department's policy manual.
Disciplinary action includes but is not Limited to written reprimands, demotion,
suspension, or discharge of the employee. The causes cited in the RPA and policy
manual are for both specific and exemplary reasons to alert employees to the
more commonplace types of disciplinary issues. however, because conditions of
human conduct are unpredictable, there may arise instances of unacceptable
behavior not included in the written list of causes, in which the City may find it
necessary and appropriate to initiate disciplinary action.
B. Richt of Anneal
1. Any employee shall have the right to appeal an EPO to the Division
Commander (or Police Chief if issued by Division Commander). Any
employee shall have the right to appeal a written reprimand through the
chain of command up to the Police Chief or his designee. The decision of
the Police Chief is final and binding and not subject to further appeal. The
appeal process timeline is as specified in 2a and #2b.
2. Any employee in the POAL bargaining unit shall have the right to appeal
disciplinary action above a written reprimand as follows:
a. An employee must submit, in writing, to the Division Commander the
appeal, clearly stating the basis and requested action within ten (10)
working days after receiving the notice of discipline. The decision of
the Division Commander will be issued within ten (10) working days
of receipt of appeal.
30
Crry,QF I.GDIANI)ROJAU_Off icl ItS'. SS )CIA 1:X9NDF 1,9T3.S._-M�U__.._2/N4
b. The Division Commander's decision may be appealed to the Police
Chief or his designee by filing in writing within ten (10) working
days after issuance. 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)
working days.
c. The Police Chiefs decision may be appealed to the City Manager
or his designee by filing in writing within ten (10) working days
after issuance. The City Manager will respond in writing within
ten (10) working days of receipt of the appeal.
d. The City Manager's decision may be submitted to arbitration as the
final level of appeal for disciplinary action. Only the association
may appeal to arbitration and must notify the City within ten (10)
working days of the date of notice from the City Manager.
C. Conduct of Anneal Process
1. Failure by either party to meet the established 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.
2. The time limits specified may be extended by mutual agreement between
the parties.
D. Arbitration Process Guidelines
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.
31
CIT O '_LOnlAlunTot.zCEOziUlzKASSOQ1.ATION. OF LQD_t — MOL 20J 4
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, 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.
e. The strict rules of evidence are not applicable and the hearing shall be informal.
g.
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.
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.
The cost of arbitration shall be borne equally by the parties. r lowever, 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.
32
CIT�`OX'LOD_LAN_P_'OLIgg., ICI RS'._ASSOCI,4TIONOj I..0 1...-MOi _---20.,1!x,
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.
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 or appealing a disciplinary action to arbitration, 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 to arbitration 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.
ARTICLE XLIX - LAYOFF PROCEDURE
49.1 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 rank 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.
33
C.IT .E.L.gptANnt'OI..T....O................ ASSOCIA'T'I.00I�iS I,Qi71_ OU--- 2014
If an employee is reduced in rank he/she shall not be laid off until all other
employees of similar rank to which helshe 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 L - PROBATIONARY PERIOD
50.1 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 LI - SEVERABILITY
51.1 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.
34
CI` Y...KgLODI.AND_POLICEQ1=1+_ CSE K ASSOCIATION OF
ARTICLE LH - TERM
52.1 The terms and conditions of this MOU shall continue in effect during the terns of this
MOU. The City of Lodi and POAL agree that the term is January 1, 2014 through
December 31, 2014.
52.2 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.
35
CI'1'.Y Q_F_LQpi. iia P.C)LT.CE OFE LI ItS'.A.S.SO IAIIQN_OF WI]I_� _ .4Qi ..2Q.14
POLICE OFFICERS' ASSOCIATION OF LODI CITY OF LODI
Kevin Kent, President
City of Lodi
Stephen Sehwabauer, Interim City Manager
Date Date
Nathan Woods, Police Officer
Negotiator
Date
MASTAGNI HOLSTEDT Et A1.
Dennis Wallach, Chief Negotiator
Date
36
Jordan Ayers, Deputy City Manager
Date
Janice Magdich, Interirn City Attorney
Date
EXHIBIT A
Salary Effective January 1, 2014
Occupation Title OCC Step A Step B Step C Step D Step E
Police Corporal 310 5613.09 5893.75 6188.44 6497.86 6822.75
Police Officer 306 5295.37 5560.14 5838.15 6130.06 6436.56
Police Officer Trainee 307 4572.86 4801.50 5041.58 5293.66 5558.34
ATTACHMENT A
SIDE LETTER RE PROMOTIONAL EXAMINATIONS
BETWEEN
THE CITY OF LODI AND 'f HE POLICE OFFICERS ASSOCIATION OF LODI
On promotional 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 hien in compliance with the Rules for Personnel
Administration and other applicable law.
Dated: Dated:
Joanne M. Narloch, Human Resources Director Sierra Brucia, President
City of Lodi Police Officers Association of Lodi