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HomeMy WebLinkAboutAgenda Report - May 20, 2015 I-02AGENDA ITEM 11 ;! CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the Period January 1, 2015 through December 31, 2017 and Appropriating Funds ($96,674) MEETING DATE: May 20, 2015 SUBMITTED BY: Human Resources Manager RECOMMENDED ACTION: Adopt resolution approving the Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the Period January 1, 2015 through December 31, 2017 and appropriating funds ($96,674). BACKGROUND INFORMATION: Representatives from the City and Lodi Police Dispatchers Association (LPDA) have reached a tentative agreement on a new Memorandum of Understanding (MOU), subject to the approval of Council. A redline strikeout version of the MOU is attached for Council review and approval. The redline version also reflects language clean-up and edits desired by both the City and LPDA. A summary of the key changes to the MOU are as follows: ■ The term of the MOU shall be from January 1, 2015 through December 31, 2017. • Effective January 5, 2015, and following City Council approval, the City agrees to provide a 3 percent Cost of Living Adjustment (COLA), a 2 percent COLA effective the first full pay period in calendar year 2016, and a 2 percent COLA effective the first full pay period in calendar year 2017. • Effective January 5, 2015, a $15.00 per month increase in incentive pay for members who are certified Field Evidence Technicians or Latent Print Examiners ($150.00 to $165.00 per month). ■ In order to resolve the dispute regarding the eligibility date for the sick leave conversion benefit program referenced in the 2007-2011 MOU, City will establish a Retiree Health Savings Account (RHSA) and allocate $75,000 to be distributed on a pro -rated basis among six LPDA members hired into the LPDA unit between July 9, 1994 and November 8, 2004. Effective with the first full pay period in January 2016, the City shall contribute 1 percent of the employees' base bi-weekly salary, each pay period, into the RHSA until such time as the employee retires, resigns or separates employment with the City of Lodi. Lodi's employees agreed to voluntary decreases in total compensation in every year from 2009 through 2012. When the 2012 MOUs expired, Lodi's miscellaneous employees agreed to a permanent reduction in total compensation of seven percent. These voluntary employee reductions allowed the City to survive the Great Recession, stabilize its weak reserve and perform needed capital improvements. During this same period, the cost of living has increased by 11.8 percent (San Francisco -Oakland -San Jose CPI -U). Most City employees have not seen an increase in base pay since 2007 or 2008 depending upon bargaining unit. The City is now in a position to grant a small increase in base pay as a result of APPROVE a fashion that they are sustainable over the term of the agreement from current reserves in excess of the Council -approved General Fund reserve target. Funding for the final year of the agreement assumes that revenues and expenditures will match current City projections. Lodi certainly faces funding challenges ahead and must plan for them. It also faces continued fiscal stress to a work force that contributed significantly to addressing the fiscal impact of the Great Recession. Although the current excess over our reserve target could certainly be invested in other fashions, staff believes that investing in our employees is the most appropriate use of these funds. Staff recommends that the Council approve the MOU between the City and LPDA. FISCAL IMPACT: Total cost of the proposed agreement is $304,738, of which $96,674 is applicable to FY 2014/15; $60,366 is applicable to FY 2015/16; $93,196 is applicable to FY 2016/17; and $54,502 is applicable to FY 2017/18. The FY 2014/15 component of this proposal is not included in the 2014/15 budget and will require an appropriation in the General Fund of $96,674. Funding is available from the General Fund dollars in excess of the 2013/14 reserve target. Funding for these increased costs will be included in each year's budget. FUNDING AVAILABLE: Funding for this item will be provided by funds in excess of the General Fund reserve target established by Council. Adele Post, Human Resources Manager Jordan Ayers, Deputy City M nager Attachment MEMORANDUM OF UNDERSTANDING CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION Jai+uaFy 1, 201v14 Deeember- 1 2014 January 1, 2015 — December 31, 2017 LODI POLICE DISPATCHERS ASSOCIATION — MOU — 20I4 2015 - 2017 TABLE OF CONTENTS Pie # CHAPTER 1— COMPENSATION & WORKING CONDITIONS Article I Salary 3 Article II Hours and Overtime 3 Article III Bilingual Dispatchers 6 Article IV Incentive Pay 6 Article V Uniform Allowance 7 Article VI Court Appearances 7 Article VII Additional Compensation/Loyalty Program 87 Article VIII Safety 8 CHAPTER 2—LEAVES Workers Compensation 15 Article IX Catastrophic Leave 9 Article X Holidays 9 Article XI Leaves of Absence 10 Article XII Sick Leave 10 Article XIII Vacation Leave 10 Article XIV Reserved 11 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XXX Article XV Dental & Vision Insurance 11 Article XVI Medical Insurance 11 Article XVII Long Term Disability 12 Article XVIII Life Insurance Coverage 12 Article XIX Deferred Compensation 13 Article XX PERS 13 Article XXI Sick Leave Conversion 14 Article XXII Tuition Reimbursement 15 Article XXIII Workers Compensation 15 CHAPTER 4 — ASSOCIATION / CITY ISSUES Article XXIV City Rights 16 Article XXV Changes in the MOU 17 Article XXVI Employee Representation 1-78 Article XXVII Employee Rights 19 Article XXVIII Grievance Procedure 21 Article XXIX Mutual Consent Contingency 23 Article XXX No Strikes 234_ Article XXXI Reserved 234_ Article XXXII Probation 234_ Article XXXIII Promotion 24 Article XXXIV Seniority 245 Article XXXV Status 25 Article XXXVI Term 25 Exhibit A— Salary Schedule LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION 20442015- 2017 CHAPTER 1— COMPENSATION & WORKING CONDITIONS ARTICLE I - SALARY 1.1 The Salary Schedule for members of the LPDA will be as set forth in Exhibit A. 1.2 Although the City is not required to perform a survey during the term of this MOU, the parties agree that if a survey is performed, the 15 cities to be surveyed shall be: Chico, Clovis, Davis, Fairfield, Merced, Manteca, Modesto, Redding, Roseville, Stockton, Tracy, Turlock, Vacaville, Visalia and Woodland. In the event a salary survey is conducted during the term of this MOU, the lead dispatcher position will be used as the benchmark for the survey, provided that any city that does not have lead position shall use the dispatcher position and any training incentives received as part of the base. The survey shall be based upon total compensation including salary and limited to employee contribution to the Public Employees Retirement System paid on behalf of employee by employer, employer's health insurance premium, deferred compensation, and any comparable incentives. 1.3 City shall pr-ovide a ene time, non PERSable pa�qRent of $2,300 to eaeh membef of this bar -gaining unit who is employed by the City on the date of approval of this N40U by the City Couneil. Pa�q�eat will be made in a lump siiffi mannef along �A =egalafly seheduled pay eheek within ems of the approval of this N by the City Getlfleib City shall provide a cost of living adjustment (COLA) of three (3.0) percent effective then Formatted: Indent: First line: a" first full pay period that begins after January 1, 2015. For calendar year 2016, the City shall provide a COLA of two (2.0) percent effective the first full pay period that begins after January 1, 2016. For calendar year 2017, the City shall provide a COLA of two (2.0) percent effective the first full pay period that begins after January 1, 2017. ARTICLE II - HOURS AND OVERTIME 2.1 Work schedules presently in effect shall remain in effect; however, the City reserves the right to change the hours of work after consultation with the employees involved. Temporary changes in this schedule must have at least 24 hours' notice. LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 2.2 The City agrees to implement a 12 hour- • o fk sehea,ule for--Dispatcher/Jailer positions assigned to the Communication Center; shall work a twelve (12) hour schedule with a one LLhour paid lunch and two (2) 15- minute breaks. Alternative work schedules for Dispatcher/Jailer positions assigned outside of the Communications Center may be developed by mutual agreement between an employee (s) and the appropriate supervisor. 2.3 Members assigned to the Pproperty Utnit shall bework a 4/10484 schedule. The personnel participating will have consecutive days off scheduled depending on the needs of the assignment. a) Employees participating in this schedule will officially begin their work week at noon Friday to avoid FLSA conflicts and/or overtime. b) In the event of unexpected staff shortages, this alternative work schedule can be terminated with 72 hours' notice. 2.4 Overtime - Overtime work is work performed by an employee outside theirkis4w regular hours and includes time worked: a) In excess of forty (40) hours in a work week for members working a 4/10444 schedule . This provision may be nullified if a shift trade is involved. b) In excess of eight (8) hours in any work day for those on an eight (8) hour shift, in excess of nine (9) hours in any work day for those on a nine (9) hour shift, in excess of ten (10) hours in any work day for those on a ten (10) hour shift, and in excess of twelve (12) hours per day for those on a twelve (12) hour shift. c) Time worked outside of regular hours of work on a work day unless notification has been made in accordance with this MOU. d) Time worked on a non -work day unless involved in a shift trade. 2.5 Employees who are required to report for prearranged work on their non -work days shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. 2.6 Compensation paid to employees called out in emergency situations, outside their regular work hours, shall be a minimum of three Lahours' pay at the overtime rate. 2.7 When, at the request of the supervisor in charge, an employee reports for prearranged overtime on work days outside of theirhis regular work hours, ht-&P—,hethe employ shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into theirhis regular work hours, the employeehe-er-� shall be paid overtime compensation only for actual work time up to theirliis regular work hours. 2.8 Rest Period - The intent of the rest period is to ensure that members of this unit are adequately rested for their assigned work shift. In the event a supervisor or Watch 4 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 Commander deems it necessary for an employee to work through theirhisAier rest period, the employee will continue being paid at the overtime rate. a) Employees will receive a continuous eight (8) hour rest period immediately preceding or immediately following their scheduled court appearance or other departmental assignment(s), if less than eight (8) hours has elapsed during: 1) the time period that employee's regular work shift ends and theirhisFher scheduled appearance/assignment time; or 2) the time period that employee is dismissed and theirl}i&� 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 their scheduled shift off, the employee's leave balances will be charged for the entire shift (as if no rest period has occurred). c) The rest period does not apply when an employee is scheduled for court or appearance/assignment the day immediately following a day off. 2.9 Compensatory Time - Employees may accrue compensatory time CTO in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half (1 'V2) hours for each hour of overtime worked. a) No more than 144 hours of CTOoompensatevf t may be carried on the books at any time. Sid_ Lett_ to the immediately pfeeeding MOU iner-eased LPDA members GTO lea- ,e maximum to n 80 h,,ufs Bargaining Unit Members with banks exceeding 144 hours shall retain those excess hours but shall not be eligible to accrue additional CTO hours until their CTO banks fall below the 144 hour maximum provided for in this MOU. b) An employee's decision to elect CTO instead of overtime is irrevocable (Not withstanding ing #d) c) Employees may cash out their CTO twice a year during the months of April and October. d) Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining CTOeempens­� balance. e) Employees may submit a written request to the Chief of Police to increase the hours of CTOeempensatory t that may be carried on the books in excess of 144 hours at any given time. The request may only be made to address extenuating circumstances and will be evaluated on a case by case basis. The decision to grant orte deny said requests is at the sole discretion of the Chief of Police. 2.10 Communications Center Staffing - When staffing shortages occur in the Communications Center due to unforeseen or exigent circumstances, Dispatcher/Jailers shall be called back to work under the following guidelines. Staffing shortages shall be determined by the number of fully -trained personnel actually on duty in conjunction LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 with the amount and type of work actually needed or logically anticipated on any given watch. a) Personnel shall be called for duty by or at the direction of the Watch Commander responsible for the hours of duty to be worked. The three (3) hour minimum call back time, as per this MOU, shall apply. 1) Personnel by Watch The first option to work overtime shall be given to other Dispatchers/Jailers assigned to the watch suffering the shortage who are on scheduled days off. 2) Seniority The second option to work overtime shall be given to Dispatcher/Jailers assigned in the Communication Center on scheduled days off by seniority. b) Any Dispatcher working an overtime shift must be able to perform all duties of dispatch and jail procedures, with the exception of a dispatcher on light duty. The purpose of this is to eliminate personnel in a training status or an unqualified person from working overtime shifts. c) A current seniority list shall be maintained in the Communication Center with an updated work schedule maintained by the Services Division Supervisor and Patrol Watch Commander(s). Dispatch will be responsible for call in/call backs at the Watch Commander's direction. Failure by dispatch to follow this procedure will not subject the City to unwarranted overtime. d) Vacations and Holidays - Vacation time shall not be canceled due to short-term staffmg shortages unless conditions exist which require a total departmental call -out. Holidays shall be canceled in part or fully only as a last resort, but should it become necessary to cancel a scheduled holiday, the employee will be given at least forty- eight (48) hours' notice of the cancellation. If such notice is not given, the employee will be paid at a rate of time and one half tLafor the actual hours worked. An employee who is on a first -pick schedule vacation will not be compelled to come to work on the vacation days or adjacent regular days off unless exigent circumstances exist. Staffing shortages will not be considered exigent circumstances for the purposes of this subsection only. Exigent circumstances would include, but not be limited to, natural disasters, riots, total department call -outs, etc. e) Duties - Personnel called back for work shall perform all the regular duties required in a regular work day and shall appear in uniform. ARTICLE III — BILINGUAL DISPATCHERS 3.1 Unit members who have demonstrated a proficiency in the Spanish language shall receive $150.00 per month. The City shall be the sole judge as to whether a member has the necessary proficiency. LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 ARTICLE IV — INCENTIVE PAY 4.1 A $159165 per month ($76.15690 per pay period) incentive pay allowance shall be paid to members who are trained in a Post Certified Field Evidence Technician FET course and are on the call out roster for Field Evidence Technicians. The Latent Print Examiner classification will receive the same incentive as FET. 4.2 Employees who have either an AA degree or Intermediate POST certificate will receive $150 per month. Employees who have r-eeeived a BA degree or Advanced POST certificate shall receive $225 per month. These amounts are not cumulative. ARTICLE V — UNIFORM ALLOWANCE 5.1 The uniform allowance shall be $950 annually paid bi-weekly in conjunction with regular pay checks. 5.2 In the event of pregnancy, maternity uniforms shall be required. Jailers shall wear a navy blue maternity top with a navy blue or black maternity skirt or slacks; Community Services Officers shall wear similar garments of a blue color. 5.3 The City agrees to repair or replace both personal and City owned uniforms, equipment and property, except for jewelry, damaged or destroyed on duty unless gross negligence can be shown on the part of the employee. Repair or replacement costs shall not exceed reasonable cost. Receipts will be required prior to reimbursement. 5.4 in addition to the above tinifbfm allowanee, the City agfees to make a one time, Ron bar -gaining unit who is employed by the City on the date of approval of this MOU by4he City Cetxeil. Paerft will be made in a lump sii manner—along with arepl-ar'y seheduled pay eheek within two pay pei4eds of the approvai of this MOU by the City Eetmeil. This elause shall sunset on Deeember- 31, 2014. ARTICLE VI - COURT APPEARANCES 6.1 An employee serving on jury duty is entitled to keep any monies paid them for jury duty. 6.2 If an employee has jury duty he/she shall not be scheduled to work eight (8) hours preceding or following jury duty at no cost to the employee. 6.3 If an employee covered by this agreement is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee will receive theirhis full pay while so doing with no loss of time if said employeehe,lshe is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half G '/2 times theirhis regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 to off-duty employees, the Police Chief or4is designee must be notified in writing of the off duty appearance within seventy-two tL2Zhours after the employee is subpoenaed or otherwise notified of the required court appearance. ARTICLE VII — ADDITIONAL COMPENSATION/LOYALTY PROGRAM 7.1 After completing ten years of service with the LPDA, employees shall receive an annual loyalty compensation amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty -J20) years of service with the LPDA. Employees who have completed 20 years of service with the LPDA will receive an annual loyalty compensation amount of $3,000 on November of the year following completion of twenty 201 full years of service and each year thereafter. For the purposes of this article, all employees who as of October 31St meet the service level requirements (either ten full years or 20 full years from the first day of the month in which they started their employment with the LPDA) shall receive the loyalty compensation associated with their years of service with the LPDA. The incentive in this article is limited to employees hired prior to July 17, 2012. ARTICLE VIII - SAFETY 8.1 The City reaffirms its desire and aim to provide a safe place of employment for its employees and shall continue to take all reasonable steps to ensure this. The City and the LPDA mutually agree that during the ensuing year at least two joint meetings will be held in order to develop a mutually satisfactory safety program. LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 CHAPTER 2 — LEAVES ARTICLE IX - CATASTROPHICE LEAVE 9.1 Catastrophic leave is available to employees in accordance with the City's current Catastrophic Leave Policy. ARTICLE X - HOLIDAYS 10.1 Employees shall receive eleven 11) holiday days. Hours earned per pay period are dependent upon their work schedule. Schedules and hours received annually are as follows: a) 12 hour schedule 132 hours b) 10 hour schedule 110 hours c) 8 hour schedule 88 hours Holiday leave is to be taken off at a time mutually agreed upon between the employee and the department head. Holiday time may be taken in one-hour increments during the calendar year. 10.2 Unused holiday leave may not be carried forward into the following calendar year but shall be paid off by the City at the employee's current straight time rate. 10.3 Employees hired after the first pay period of the year shall be credited with hours for each pay period remaining in the calendar year dependent upon the work schedule assigned. Schedule and hours received per pay period are as follows: a) 12 hour schedule 5.07 hours per pay period b) 10 hour schedule 4.23 hours per pay period c) 8 hour schedule 3.38 hours per pay period Employees separating after the first pay period of the year shall have their holiday balances reduced by a number of hours dependent upon work schedule assigned. Schedule and hours deducted per remaining pay period in the year are as follows: a) 12 hour schedule 5.07 hours per pay period b) 10 hour schedule 4.23 hours per pay period c) 8 hour schedule 3.38 hours per pay period If the employee does not have sufficient holiday hours remaining the difference in hours shall be reduced from other balances for which the employee would be paid. Z LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 ARTICLE XI - LEAVES OF ABSENCE 11.1 Leave of Absence is available to employees in accordance with the City's current Leave of Absence policy. ARTICLE XII - SICK LEAVE 12.1 All employees shall accumulate sick leave based on shift worked. Schedule is as follows: 12 hour workday 5.54 hours per pay period 10 hour workday 4.62 hours per pay period 8 hour workday 3.70 hours per pay period 12.2 Sick leave may be accumulated up to an unlimited amount. 12.3 Family sick leave may be used the eare of parents and ehila .on in accordance with Federal and State law. ARTICLE XIII - VACATION LEAVE 13.1 0 - 1 year - none. However, at the completion of twelve (12) continuous months of service, eighty (80) hours of vacation will be credited to the employee's account. a) 1 through 5 years: b) 6 through 11 years: c) 12 through 14 years d) 15 years and more: 3.08 hours per pay period 4.62 hours per pay period 5.24 hours per pay period 6.16 hours per pay period 13.2 First choice vacation leave isle picked by seniority. Second choice vacation leave iswillbe selected upon completion of first choice vacation leave. All vacation picks will be based upon seniority. However, if seniority is waived by an employee, the employee must wait until seniority list is exhausted prior to picking another vacation. 13.3 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically 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. 10 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 ARTICLE XIV - RESERVED CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT ARTICLE XV - DENTAL AND VISION INSURANCE 15.1 The City agFees4ewill pay the full cost for employee dental premium and one-half1/2) the premium for the employee's dependent for the currentpfesent dental plan. 15.2 The City agrees-tewill provide a vision care plan equivalent to the VSP Plan B with a $25.00 deductible for the employee and dependents. The entire premium shall be paid by the City. 15.3 The City reserves the right to select any dental or chiropractic carrier to administer the City's plan. ARTICLE XVI — MEDICAL INSURANCE 16.1 All employees are offered medical insurance for themselves and dependents) through Ca1PERS medical plans. City shall pay one hundred percent (100%) of the premium for the employee's family category (Family, Employee + 1, Employee OnlySgle) for the lowest cost PERS HMO available in Lodi's geographical area (excluding PORAC). If an employe waives medical insurance through the City of Lodi, the employ, emy at their option take the following in cash or deposited into their deferred compensation accounts Wenak $692.81 per month for Family $532.92 per month for Employee + 1 $305.22 per month for Employ, e�y&agle will be added te either- the employee's defeffed eeffTens4iea aeeeHM or- . In order to qualify for this provision, proof of group insurance must be provided to the City. 16.2 Effective January 1, 2014, the City will pay a monthly maximum of the following for each family category: $1,709.06 per month for Family $1,314.66 per month for Employee + 1 _$657.33 per month for Employee Only [I] LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. 16.3The City and LPDA a ' If the Federal or State Government mandate changes in the present health care delivery systems the City and LPDA shallwill reopen the MOU to meet and confer on the issue of health care. 16.4 The City agFees-tamill offer a chiropractic plan equivalent to Landmark benefit. 16.5 The City willwill maintain a flexible spending account to conform to IRS regulations to be used for premium contributions, dependent care, and/or unreimbursed medical payments for unit members. 16.6 Only one family member may carry employee and dependent coverage of City sponsored medical insurance. 16.7 The City intends to propose a cafeteria based benefit pr-egfam in 2014 with an effective da4e of jafmatzy 1, 2015. This pr-egr-ai+i waiild ineefpefate, Nit not be limited • medieall vision, dental, ehir-opmetie and life insur-anee. The above listed tefffls of this The City's pr-opesed cafeteria plan will E)ffer- substantially the same of better- benefits to thew—- Formatted: Indent: Left: 0" The City intends to propose a cafeteria -based benefit program to be implemented in--- --- Formatted: Indent: Left: 0.5° calendar year 2018 with an open enrollment period in 2017. This program would incorporate, but not be limited to: medical, vision, dental, chiropractic, and life insurance. The City will form a committee comprised of one member from each Bar ag inin¢ Unit, along with City staff to discuss the contents of said cafeteria plan. The City's proposed cafeteria plan will offer substantially the same or better benefits to those currently received by unit members and the parties shall meet and confer over any changes. ARTICLE XVII - LONG TERM DISABILITY 17.1 A long term disability program, which, coordinated with other disability benefits, shall provide a benefit of 66 2/3% to a maximum of $10,000 per month of the employee's basic salary in the event of disability. This program commences six 60) days from the date of disability. Please refer to the City Policy on Long Term Disability. 17.2 The maximum length of coverage is three (3) years from date of disability. ARTICLE XVIII - LIFE INSURANCE COVERAGE 12 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 18.1 The City agfees--tewill provide each covered member a $25,000 accidental death policy in addition to any other life insurance policy or statutory payments that may be due to an employee in the event of death resulting from a line -of -duty injury. 18.2 The City agrees4ewill provide a life insurance program providing an additional $10,000 term life insurance for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, a spouse shall be eove.oa f $1,500 of life insuFaffee, and dependent ehildr-en between the ages of biAh menths and 20' . the City will provide $1,500 of life insurance for an employee's spouse, dependent children under the age of twenty-four (24), and dependent disabled children. ARTICLE XIX - DEFERRED COMPENSATION 19.1 The City agrees —te—allow employees to sentinue to Employees may voluntarily participate in the City's Deferred Compensation plan as allowed by IRS Code 457(k). 19.2 The City shall match contributions by an employee to a deferred compensation program up to a maximum three percent (3.0%) of the employee's gross salary. ARTICLE XX - PERS 20.1 The City agrees to provide the following retirement program and options and to pay the employer's cost for employees deemed to be "classic" employees by PERS: a) The 2.00% at 55 formula. b) Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. cd) Increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. de) The third level of 1959 survivor benefits. e0 50% survivor continuation in the event of death after retirement. fg) Sick leave conversion. gh) Employee shall pay the full employee share of retirement costs (7%) as calculated by PERS in its annual actuarial valuation 20.2 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): a) The 2.00% at 62 formula. 13 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 b) Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. cd) Increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. de) The third level of 1959 survivor benefits. eo 50% survivor continuation in the event of death after retirement. fg) Sick leave conversion. gh) Employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation ARTICLE XXI - SICK LEAVE CONVERSION 21.1 For all unused sick leave, a represented employee with ten (LO)—years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: a) After ten 10 ears of employment by the City, fifty percent (50%) of the represented employee's unused sick leave shall be converted to months of medical insurance at the rate of one (D month's premium for employee and dependent coverage for each day of unused sick leave as adjusted herein. b) For each year that an employee has been employed by the City in excess of ten�10) years, the employee shall be entitled to add two and one-half percent (2 1/2%) to the fifty percent (501/o) before converting the unused sick leave to months of insurance. 21.2 The City shall pay up to the City's liability for medical insurance premiums for retiree and dependent. Alternatively, the employee may, at theirhis or- option, choose to have a cash reimbursement for sick leave at the rate of one-third (1/3) of base pay per hour. Sick leave hours will be converted on the same basis as in Section 21.1. 21.3 In accordance with the sick leave conversion provisions, a surviving dependent may at theirhisAwf own expense continue medical insurance at the employee -only premium for the same period as if the employee had not died. 21.4 Represented employees who retire from the City of Lodi^n a - tir-ement shall have the option of purchasing, at the employee's cost, additional medical insurance siiffieiefit to r-eaeh age 6-5. 14 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 21.5 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 21.2. 21.6 The City agrees to modify its contract with PERS to add credit for unused sick leave per Government Code Section 20862.8. This benefit is available to all employees regardless of the date hired; however, it is the only sick leave conversion benefit available to employees hired after November 8, 2004. It is agreed that eight hours equals one day for purposes of determining days creditable. If an eligible employee opts to utilize the provisions of Section 21.1, the City will report they have zero hours of unused sick leave. 21.7 The City asserts that the November 8, 2004 date referenced in Section 21.6 is a scrivener's error and should properly be July 9, 1994. Association contests the City's position. The patties desire to table the resolution of ths .,,..ttor to the neK4 MOM B0 parties r-eserve their- rights t„ advance their r eetiye positions if tLey aFe of .,b ♦.. As a resolution to this matter, the City shall establish a Retiree Health Savings Account (RHSA) for the following employees that were hired into this bargaining group between July 9, 1994 and November 8, 2004. The City shall allocate a lump sum of $75,000.00 to be distributed to the listed employees on a pro- rated amount based on their individual sick leave accrual as of the pap period ending May 17, 2015. The pro -rated amounts shall be deposited into the RHSA as soon as administratively possible. Beginning the first full pap period in 2016, the City shall contribute one percent (1%) of the employees' base bi-weekly, each pay period, into the RHSA until such time as the employee retires, resigns, or separates employment with the City of Lodi. Maria Butterfield Jeff Humphrey Tenneill Ramirez Andrea Patterson Jennifer Root Kimberly Van Tassell Formatted: Normal, Tab stops: 0.5", Left + Effective upon adoption, above named employees shall be required to make an 0.83", Left + 1.25", Left + 1.67", Left + irrevocable choice to either convert their previously earned sick leave as described 2.08", Left + Lef2.t Left + , Left Left + , Left p Left + 3.75", Left + 4.17", Left + 4.58", Left above, moving the existing balance into a closed bank of hours (Bank A), which shall be + 5", Left + 5.42", Left + 5.83", Left available only for use as sick leave by the employee, or to decline the conversion as described above and maintain one bank of hours which may be used for sick leave by the employee and in accordance with Section 21.6 referencing PERS service credit provision. Hours in Bank A shall not be eligible for catastrophic leave donations. Emnlovees who opt into the RHSA shall have future sick leave hours deposited into Sick Leave Bank B. Sick Leave Bank B hours may be used by the employee for sick leave or towards Ca1PERS service credit upon retirement as described in Section 21.6. Sick Leave Bank B hours may also be donated under the City's catastrophic leave policy. Sick Leave Bank B hours shall be valued at the employee's current regular hourlv rate of nav: however. these hours shall have no cash value. 15 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 Employees utilizing sick leave hours shall first draw from Bank A hours. If no Bank A hours exist, then Bank B hours shall be used. ARTICLE XXII - TUITION REIMBURSEMENT 22.1 Tuition reimbursement shall be available to employees as stated in the City's current Tuition Reimbursement policy. 22.2 The City shall allow LPDA members the option of using the funds referenced in section 22.1 for work-related training seminars, symposiums, etc., that are not reimbursable by the City. Up to $300.00 per fiscal year may be used for tuition reimbursement to obtain an AA degree. All training and time off for training must be approved in advance by the department head. ARTICLE XXIII - WORKERS' COMPENSATION 23.1 When an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of their employment, the City will pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee upon receiving said benefits paid by Workers' Compensation will also receive compensation from the City in such an amount that when added to the Workers' Compensation payment will equal the employee'shis 0 lef regular salary. The amount paid by the City will, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. a) Bargaining unit members shall have the presumption afforded by Labor Code Section 3212.5 regarding pneumonia (but not heart trouble) and the presumption afforded by Labor Code Section 3212.6 regarding tuberculosis. Moreover, bargaining unit members who can establish exposure to bodily fluids shall have the presumption afforded by Labor Code Section 3212.8 regarding blood borne infectious diseases and MRSA and Labor Code Section 3212.9 regarding meningitis. 23.2 In the event an employee is injured or otherwise becomes disabled: a) By contact with a prisoner or member of the public in the course of employment or, b) While performing evidence technician assignments. The City shall supplement the Workers' Compensation payment to the extent that the employee shall receive theirhis or- heF regular salary and benefits for up to one tLyear. 114 t4e event a -H employee is deemed to be POR+ianeat a -ad stationai=), in aeeer-danee with 16 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 the Workers' Compensation system, they will be plaeed en the Thereafter, the employee may be eligible for the Long Term Disability (LTD) program—pe r Article XVII. Please refer to the City Policy on Long Term Disability 23.3 Fef ptifpeses of eligibility fef LTD, appheatien will be a-titematieally efitefed on the date - of injtif9 23.34 The City supplement will end at the earliest of the following: a) Permanent and stationary rating of employee. b) Return to duty or physician's release. CHAPTER 4 — ASSOCIATION/CITY ISSUES ARTICLE XXIV - CITY RIGHTS 24.1 Nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include but are not limited to the exclusive rights to: a) decide the scope of service to be performed and the method of service b) hire and/or otherwise determine the criteria and standards of selection for employment c) fire, demote, suspend or otherwise discipline for just cause d) transfer employees from location to location and from time to time e) lay off and/or relieve employees from duty due to lack of work or any other legitimate reason f) re -hire employees g) determine the allocation and content of job classification h) formulate and/or amend job descriptions i) to determine the need for overtime work subject only to contrary provisions of this MOU j) merge, consolidate, expand, curtail or discontinue operation temporarily or permanently in whole or in part, whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable k) contract and/or subcontract any existing or future work 1) control the use of equipment and property by the City m) determine the number, location and operation of headquarters, annexes, substations and or division thereof n) expand, reduce, alter, combine, assign or cease any job o) schedule and assign the work to the employees and determine the size and composition of the work force 17 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 p) determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved serviced, maintenance procedures, materials, facilities and equipment q) take whatever action may be necessary to carry out the mission and responsibility of the City and specifically the Police Department in unusual and/or emergency situations r) formulate, amend , revise, and implement standard operating procedures, rules, and regulations regarding the operation of the Police Department s) establish, amend, revise and implement any programs, and or procedures including an employee evaluation system t) require employees to observe and obey the City's and Departmental policies, procedures, ordinances, resolutions, rules and regulations However, the exercise by the City of the rights in the paragraph does not preclude employees of their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours, or other terms and conditions of employment. ARTICLE XXV - CHANGES IN MEMORANDUM 25.1 The parties agree to reopen this MOU and to renew meeting and conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation, or by order of Court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they were also modified by statute, applicable regulation or order of Court, or agreement of the parties. ARTICLE XXVI - EMPLOYEE REPRESENTATION 26.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Police Dispatchers Association (hereinafter referred to as "LPDA"). a) The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. If the City intends to change a matter within the scope of representation under the Meyers-Millias-Brown Act (MMBA) which is not covered by this MOU, it shall notify the LPDA. If the LPDA wishes to negotiate over such a matter, it shall notify the City within twenty (20) work days of notice, and the parties shall commence negotiations within twenty (20) work days of the LPDA's notification. 18 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 If the LPDA does not respond within twenty (20) work days of the City's notification, the City will have no further obligation to negotiate over the matter. b) The terms and conditions of this MOU are applicable to all regular and probationary employees represented by LPDA. Those classifications are as follows: • Community Services Officer • Dispatcher/Jailer • Lead Dispatcher/Jailer • Property & Evidence Technician 26.2 Dues - The City shall grant dues deduction to City employees who are members of the LPDA in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled, "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." a) Any dues check -off cancellation or modification notice shall first be forwarded to LPDA for notation and then returned to Payroll prior to any change in members' dues check -off. In addition, any dues check -off cancellation or modification notice regarding the Police Officers' Association of Lodi (POAL) shall first be forwarded to POAL for notation and then returned to Payroll prior to any change in a member's dues check -off to POAL. b) The LPDA shall indemnify, defend, and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee organization's dues. In addition, the LPDA shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence. c) Effective upon adoption of this Memorandum of Understanding (MOU) and for the purposes of the continued certification of LPDA as the recognized employee organization for this unit, employees in this unit who are or hereafter become members of LPDA shall maintain membership in good standing with LDPA for the life of this MOUS, except that any unit employee may withdraw from membership not earlier than ninety (90) days nor less than sixty (60) days from the expiration of this MOUS. Such withdrawal must be in writing and delivered to LPDA and the Finance Department within the prescribed time frame. 26.3 The City agrees to furnish LPDA with a written notice of the City's intention to make changes in departmental rules, policies or procedures that would affect the working conditions of LPDA members, notwithstanding Article XXIV. 26.4 LPDA will have the right to use cEity fFacilities for aAssociation bBusiness subject to advance notice and availability. 26.5 If any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, City resolutions, or 19 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 City ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XXVII - EMPLOYEES RIGHTS 27.1 Individual bargaining unit members may donate from their vacation or holiday leave time up to eight ahours per calendar year for Association business. The President may designate members of the Association to utilize this time. Only one member at a time may be absent unless it is mutually agreed that additional members may be absent. Five (55) days' advance notice of use of time shall be given. 27.2 The City will provide affected employees with copies of personnel orders as soon as the personnel orders are issued. Personnel orders are defined as all written notices of actual disciplinary actions, notices of intent to take disciplinary actions, transfer notices, promotion notices and termination notices. 27.3 Any LPDA member who willis to be interviewed concerning an act which, if proven, could reasonably result in disciplinary action he4h will be afforded the following safeguards: a) LPDA member will be informed prior to the interview if the City believes the LPDA member is a suspect in the investigation. b) The LPDA member will be informed of the nature of the investigations and allegations and afforded the opportunity to consult with a LPDA representative prior to an interview. The LPDA member shall be allowed the right to have an LPDA representative present during the interview. c) The City shall make a reasonable good faith effort to conduct these interviews during the employee's regular working hours except for emergencies or where interviews can be conducted by telephone. Section 27.3 (a) and fb) not withstanding. d) Interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. No more than two (2) interviewersintefre� may be present at any one time. e) The employee shall be entitled tom reasonable intermissions'��all est f 'o attend to personal necessities. f) If the City tape records the interview, the member also has the right to tape the interview. If the interview is taped by either party that party must give notice of its intention. g) Interviews and investigations shall be concluded with no unreasonable delay. h) The employee shall be advised of the results of the investigation and any future action to be taken on the incident. i) When the investigation results in Departmental charges being filed against the employee, the employee, upon request, will be furnished with a copy of the reports 20 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 of the investigation which contain all known material facts of the matter, to include any tape recordings, at no cost. The employee will also be furnished with the names of all witnesses and complainants who will are to appear against the emplo --e and/or whose statements maywg be used against the =him or- 27.4 The performance of each LPDA member shall be evaluated annually. Performance evaluations shall be based on work performance related criteria. a) When an employee is rated unsatisfactorily in any category, the supervisor shall state the reason(s) for such rating and shall, if practicable, suggest means of improvement. b) After the evaluation is made, the employee shall be given a copy. Either the supervisor or employee may request to meet and discuss the evaluation. 27.5 Each employee shall, during normal business hours, have the right of access to theirhislhef own personnel file. At the employee's request he4hethey shall be provided one copy of any document placed in the employee's file. LPDA members will be given a list of all personnel files held by the City and any department personnel used for promotion and disciplinary actions. a) An employee shall have the right to inspect and review any official record relating to theirhis4w performance as an employee which is kept or maintained in the employee's personnel file. The City shall provide an opportunity for the employee to respond in writing to any information with which the employeehe4te disagrees. Such response shall become a permanent part of the employee's personnel record. The employee shall be responsible for providing the written responses to be included as part of the employee's permanent record. b) The only persons permitted to have access to the contents of an employee's personnel folder, excluding background investigation references from previous employers, are the employee, theirhis4w designated representative having the employee's signed authorization, and persons authorized by the City. c) Employees will receive a copy of all materials placed in theirhis4wr file. Materials plaeed in the empleyee's file whieh are Written reprimands more than two (2) years old will not be considered for purposes of promotion, transfer, special assignments and disciplinary actions, except as to those disciplinary actions which show patterns of misconduct as defined in the Department's Rules and Regulations. d) Anything less than a written reprimand shall be purged from an employee's personnel file after an evaluation is given. Requests to purge personnel files are the responsibility of the individual involved. 27.6 All special assignments available to LPDA members shall be posted and shall invite letters of interest from LPDA members. 21 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 27.7 All special assignment positions shall be limited to three (3) to five (5) years and will begin and end at shift pick changes. Those assigned will report to the immediate supervisor that is in charge of the department. The Chief reserves the right to ask for letters of interest during shift pick changes during this time. If no applications of interest have been submitted for the position, the employee holding the position may be extended for a period of two more years after the third year. It is also mutually agreed that assignments to Property Clerk and/or Court Liaison positions are at the sole discretion of the City of Lodi. No employee has property rights to such assignments and waives any appeals for assignment, reassignment, or transfer from this agreement. ARTICLE XXVIII - GRIEVANCE PROCEDURE 28.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarifications executed by the LPDA and the City. a) The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. b) The term "day" means a working day, i.e. Monday through Friday excluding fixed City Hall holidays. c) A grievance is a good faith complaint of one or a group of employees or a dispute between the City and the LPDA involving the interpretation, application, or enforcement of the express terms of the Agreement and other terms and conditions of employment and matters of discipline which includes demotion, suspension, or discharge. d) As used in this procedure, the term "party" means an employee, the LPDA, the City, or the authorized representative of any party. The employee is entitled to representation through all the steps in the grievance procedure. 28.2 INFORMAL GRIEVANCE PROCEDURE a) An employee, the LPDA, or their representative having an issue arising from employment in the municipal service shall seek adjustment of the issue initially through verbal contact with their immediate supervisor within twenty (20) working days of the date of the action being grieved, or the date the grieving party became aware of the incident which is the basis of the issue. Should the immediate supervisor be unable to make a satisfactory adjustment, or is a party to the issue, the employee, LPDA, or their representative may seek adjustment through either verbal or written contact to the next higher level of supervision up to and including the Chief of Police who shall render a decision in writing within ten (10) working days of hearing the appeal. The time allowed between steps in this process is ten (10) working days. All verbal contacts shall be documented as to the date, time and place of the contact. 22 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 b) Should the employee, LPDA or their representative, progress through the above steps and find that the Department Head is unable to make a satisfactory adjustment within the timeframe given, or is a party to the issue, the employee, LPDA or theirl}iAwf representative may seek adjustment through the formal grievance procedure. Any decision by the immediate so r hearing the grievaneeCity at this sten shall be a written decision rendered within ten (10) working days of hearing the appeal. 28.3 FORMAL PROCEDURE An employee who has not received satisfactory adjustment through the use of the Informal Grievance Procedure may, within ten a0) working days of the last time deadline of the Informal Procedure, file a Formal Grievance. The steps of the Formal Grievance Procedure are as follows: STEP A Class action grievances are filed, in writing, with the City Manager and can only be made by the LPDA president or representative upon the authority of the LPDA. Grievances that affect individual employees may be filed, in writing, with the City Manager by the affected employee, the LPDA, or their representative. The City Manager shall investigate the grievance and shall respond in writing within ten 10 working days. If satisfactory adjustment is not attained the employee, LPDA, or theirhis4wf representative may proceed to Step B within ten (10) working days. STEP B The employee, LPDA, or theirhis4wF representative shall file an appeal of the City Manager's decision to the City Clerk. Within fifteen 15) days of the receipt of the appeal, the City Clerk shall begin the process of establishing a list of eligibles for a Personnel Board of Review. The Personnel Board of Review shall hold a public hearing, unless the grievant desires a closed hearing, within thirty (30)_working days of the filing of the appeal with the City Clerk. The Personnel Board of Review has no power to add to, subtract from or modify the terms or conditions of this MOU; nor, do they have any power to add a greater form of disciplinary action than that which was originally grieved. Within fifteen 15) days after the hearing, the Personnel Board of Review4hey shall submit a written statement of findings and directions to the City Manager, the employee, and the LPDA. The directions of the bBoard shall be binding on all parties to the MOU. The Personnel Board of Review shall be constituted as follows: 1) Both the LPDA and the City will select a representative to serve on the three- member board. The only ,. alifieations needed to serve n the board shall be that they afe registered voters of the City, net pr-esently or- fermer-ly eleeted offieials 0 employees of the City, or- are related to a present or- fofmef eleeted offieial 0 ewipleyee of the .Board members must be registered to vote in the City of Lodi and may not be a current or former elected official, employee of the City, or related to a present or former elected official or employee of the City. 23 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 2) The City Clerk shall submit the names of seven Ghpersons applying for positions to the Personnel Board of Review to both parties. The criteria of qualifications are the same as in Step One. If there are not seven (lpersons from the list each party may select from the available names or ask the City Clerk to post for a vacancy(ies ). If there are more than seven (7) -names, seven a) -names will be drawn by lot which shall be witnessed by the parties chosen in Step One. 3) The two persons selected in Step One shall select a third member from the list, either by agreement, lot, striking names, or any other means the two can agree upon. 28.4 Any employee shall have the right to appeal letters of reprimand and suspensions of three (3) days or less through the chain of command up to the Police Chief or his designee. The decision of the Police Chief or designee is final and binding and not subject to further appeal. 28.5 FAILURE TO MEET TIME REQUIREMENTS Failure by either party to meet any of the aforementioned time limits shall result in the following action: Failure by an employee to take the initial grievance action within the twenty 20 working days given in the Informal Grievance Procedure will result in forfeiture of the grievance. Failure of management to meet any of the time limits set forth on any step in this grievance procedure will give the employee the right to automatically proceed to the next level of appeal. This action must be taken within ten (LO) -working days of the last date of the time limit which management failed to meet. ARTICLE XXIX - MUTUAL CONSENT CONTINGENCY 29.1 This Agreement may be amended any time"ring its life earwith the mutual consent of the City and LPDA. Such amendment must be in writing and attached to all executed copies of this Agreement. ARTICLE XXX - NO STRIKES 30.1 The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick -ins", or participate in any other concerted activity which adversely affects job performance or C -city services during the term of this MOU. ARTICLE XXXI - RESERVED ARTICLE XXXII - PROBATION 24 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 2044 2015 - 2017 32.1 All appointments to positions in the classified service shall be subject to a probationary period of eighteen G8) continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to theirs new duties, assignments and responsibilities in the new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that they have not satisfactorily completed probation. 32.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: 1) Vacation Leave - See Article XIII for the vacation leave schedule. 2) The use of the Grievance Procedure to grieve termination. 3) The City and the employee may mutually agree to extend the probationary period for not more than six 6) months. The LPDA shall be notified of all extensions. 4) Probation shall be extended for the same time as any leaves of absence. 32.3 In the event an employee is promoted and is rejected by the appropriate department head, the emploeehe shall be reinstated to the position from which the employee was promoted unless charges are filed and he­e�the employee is discharged. The seniority and status of a rejected candidate shall continue as before. ARTICLE XXXIII - PROMOTION 33.1 The City and the LPDA mutually agree it is good personnel practice to make every effort to promote from within, consistent with the best interests of the City. ARTICLE XXXIV - SENIORITY 34.1 Seniority, for purposes of cGity employee benefits is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is: a) inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights, b) on duty with the National Guard' c) is absent due to industrial injury; d) on leave of absence;-, or e) absent due to layoff for a period of less than twelve(12) consecutive months_ 25 LODI POLICE DISPATCHERS ASSOCIATION - MOU — 20414 2015 - 2017 34.2 Seniority for purposes of shift selection, overtime, holiday selections and vacation leave shall be defined as total time in service as a member of the bargaining unit. Should a member of the unit leave membership for any reason and return to membership within twelve 12) months, seniority shall be as if the member never left. 34.3 Seniority, as defined above, shall be the method utilized for shift selection and vacation leave. 34.4 In the event an employee completes training before another employee with the same or more City seniority for purposes specified in section 34.2, the employee completing training first wills have seniority for purposes of shift selection. ARTICLE XXXV - STATUS 35.1 Employees shall be designated as regular, probationary, or temporary, depending upon the purpose for which they are hired and their length of continuous service with the City. a) A regular employee is defined as an employee who has twelve 12 months or more seniority with the City in full-time employment, except as provided for in Article XXXII - Probation. b) A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage, and items of a similar nature as he or she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of twelve 12 months of continuous full-time service with City, a probationary employee shall be given the status of a regular employee. c) A temporary employee is an employee hired on a full-time basis to temporarily fill a full-time position (at least 32 hours per week). Temporary employees shall attain regular status after being employed for twelve (licontinuous months. ARTICLE XXXVI - TERM 36.1 All terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and LPDA agree that the term is January 1, 2442015 through December 31, X42017. 36.2 The LPDA and City mutually agree *a will commence negotiations for anew contract no later than three (3) months prior to the expiration of this MOU. 26 CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION 20154- Lodi 0154 Lodi Police Dispatchers Association: lweAndrea Patterson Chief Neg tiatorDispatcher/Jailer Date: TeF°�7Jaime Worthen Dispatcher/Jailer Supervisor Date: ndfe e#efsenJennifer Root Dispatcher/Jailer Date: Reyes Gonzales, k---JKim VanTassel TMspa'�rProperty & Evidence Technician T,.:.. e `�efthenAaron Donato TMspa'�rChiefNe otg iator City of Lodi: Stephen Schwabauer Interim City Manager Date: Jordan Ayers Deputy City Manager Date: Adele Post Human Resources Manager Date: Attest: Jennifer M. Ferraiolo City Clerk Date: Approved as to form: Janice D. Magdich City Attorney Date: EXHIBIT A Salary Effective January 5, 24142015 A..Gupati.. Title Jeb a Step A 499 399936 3764-63 3952 87 4150 51 4,q6g-.03 426 4080 03 4 264 93 4498.29 472320 4959-.36 Lead DwGpatGhe4Ja4ef 428 4284 05 449325 4723 16 499922 529-7-.�6 Dreperty & EyideRGe TeGhpi-iaR 2585.2 3764.63 3952.87 4450 51 4358,03 Occupation Title Job Code Step A Step B Step C Step D Step E Community Service Officer- 6400 3692.92 3877.57 4071.46 4275.03 4488.77 P.D. Dispatcher/Jailer 6410 4202.48 4412.60 4633.24 4864.90 5108.14 Lead Dispatcher/Jailer 6420 4412.57 4366.20 4864.85 5108.10 5363.50 Property & Evidence Technician 6440 3692.92 3877.57 4071.46 4275.03 4488.77 1. AA# 2. JV# TO: I Internal Services Dept. - Budget Division 3. FROM: JJordan Ayers, Deputy City Manager 15. DATE: 159120115 4. DEPARTMENT/DIVISION: 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. 2014/15 contract changes for Dispatch, including $75,000 one-time funding of Retiree Health Savings Account in settlement of disputed Sick Leave Conversion provision If Council has authorized the appropriation adjustment, complete the following: Meeting Date: 5/20/15 Res No: Attach copy of resolution to this form. Department Head Signature: 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. FUND # ORG # OBJ # ACCOUNT TITLE AMOUNT A. 100 32205 Unreserved Fund Balance $ 96,674.00 SOURCE OF FINANCING B. 100 10031004 71001 Regular Sala $ 21,674.00 USE OF 100 10031004 71031 Other Benefits $ 75,000.00 FINANCING 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. 2014/15 contract changes for Dispatch, including $75,000 one-time funding of Retiree Health Savings Account in settlement of disputed Sick Leave Conversion provision If Council has authorized the appropriation adjustment, complete the following: Meeting Date: 5/20/15 Res No: Attach copy of resolution to this form. Department Head Signature: 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. RESOLUTION NO. 2015-60 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE- EMORANCUM-OF-UNDERSTANDING-WITH THE-LODI POLICE DISPATCHERS ASSOCIATION FOR 2015 THROUGH 2017 AND APPROPRIATING FUNDS WHEREAS, City employees have seen a net pay decrease as a result of concessions agreed to during the Great Recession; and WHEREAS, most City employees have not seen an increase in base pay since 2008; and WHEREAS, the City is now in a position to grant a small base pay increase as partial restoration of prior concessions; and WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with Lodi Police Dispatchers Association as follows as a partial restoration of prior concessions: • 3% increase to base salary, effective the first full pay period in 2015; 2% increase to base salary, effective the first full pay period in 2016; and a 2% increase to base salary, effective the first full pay period in 2017; $15 increase in incentive pay for members who are certified Field Evidence Technicians or Latent Print Examiners, effective January 5, 2015; In order to resolve the dispute regarding the eligibility date for the sick leave conversion benefit program referenced in the 2007-2011 MOU, City will establish a Retiree Health Savings Account and allocation of $75,000 to be distributed on a pro -rated basis among six LPDA members hired into the LPDA unit, between July 9, 1994 and November 8, 2004 (Maria Butterfield, Jeff Humphrey, Andrea Patterson, Tenneill Ramirez, Jennifer Root and Kimberly Van Tassell), as soon as administratively possible; 1% contribution of the employees' bi-weekly base salary each pay period, effective with the first full pay period in January 2016. This provision resolves a dispute regarding eligibility for a sick leave conversion benefit program. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby approve the attached Memorandum of Understanding (Exhibit A) between the City of Lodi and the Lodi Police Dispatchers Association; and BE IT FURTHER RESOLVED that funds be appropriated as shown on the attached Appropriation Request Form. Date: May 20, 2015 ---------------- ---------------- I hereby certify that Resolution No. 2015-60 was passed and adopted by the Lodi City Council in a regular meeting held May 20, 2015, by the following vote: AYES: -- CDUlgM MEMBERS — Charitlle , Kuehne Mourice, Nakanishi and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NIFER . FILIOLO City Clerk 2015-60 MEMORANDUM OF UNDERSTANDING CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION January 1, 2015 — December 31, 2017 LODI POLICE DISPATCHERS ASSOCIATION — MOU — 2015 - 2017 TABLE OF CONTENTS Pe # CHAPTER 1— COMPENSATION & WORKING CONDITIONS Article I Salary 3 Article II Hours and Overtime 3 Article III Bilingual Dispatchers 6 Article IV Incentive Pay 6 Article V Uniform Allowance 7 Article VI Court Appearances 7 Article VII Additional Compensation/Loyalty Program 7 Article VIII Safety 8 CHAPTER 2 — LEAVES Article IX Catastrophic Leave 9 Article X Holidays 9 Article XI Leaves of Absence 10 Article XII Sick Leave 10 Article XIII Vacation Leave 10 Article XIV Reserved 1 1 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XV Dental & Vision Insurance Article XVI Medical Insurance Article XVII Long Term Disability Article XVIII Life Insurance Coverage Article XIX Deferred Compensation Article XX PERS Article XXI Sick Leave Conversion Article XXII Tuition Reimbursement Article XXIII Workers Compensation CHAPTER 4 — ASSOCIATION / CITY ISSUES Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXIII Article XXXIV Article XXXV Article XXXVI Exhibit A — Salary Schedule City Rights Changes in the MOU Employee Representation Employee Rights Grievance Procedure Mutual Consent Contingency No Strikes Reserved Probation Promotion Seniority Status Term PA 11 11 12 12 13 13 14 15 15 16 17 18 19 21 23 24 24 24 24 25 25 25 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION 2015 - 2017 CHAPTER 1- COMPENSATION & WORKING CONDITIONS ARTICLE I - SALARY 1.1 The Salary Schedule for members of the LPDA will be as set forth in Exhibit A. 1.2 Although the City is not required to perform a survey during the term of this MOU, the parties agree that if a survey is performed, the 15 cities to be surveyed shall be: Chico, Clovis, Davis, Fairfield, Merced, Manteca, Modesto, Redding, Roseville, Stockton, Tracy, Turlock, Vacaville, Visalia and Woodland. 1.3 In the event a salary survey is conducted during the term of this MOU, the lead dispatcher position will be used as the benchmark for the survey, provided that any city that does not have lead position shall use the dispatcher position and any training incentives received as part of the base. The survey shall be based upon total compensation including salary and limited to employee contribution to the Public Employees Retirement System paid on behalf of employee by employer, employer's health insurance premium, deferred compensation, and any comparable incentives. City shall provide a cost of living adjustment (COLA) of three (3.0) percent effective the first full pay period that begins after January 1, 2015. For calendar year 2016, the City shall provide a COLA of two (2.0) percent effective the first full pay period that begins after January 1, 2016. For calendar year 2017, the City shall provide a COLA of two (2.0) percent effective the first full pay period that begins after January 1, 2017. ARTICLE II - HOURS AND OVERTIME 2.1 Work schedules presently in effect shall remain in effect; however, the City reserves the right to change the hours of work after consultation with the employees involved. Temporary changes in this schedule must have at least 24 hours' notice. 2.2 Dispatcher/Jailer positions assigned to the Communication Center shall work a twelve (12) hour schedule with a one (1) hour paid lunch and two (2) 15- minute breaks. Alternative work schedules for Dispatcher/Jailer positions assigned outside of the LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 Communications Center may be developed by mutual agreement between an employee (s) and the appropriate supervisor. 2.3 Members assigned to the Property Unit shall work a 4/10 schedule. The personnel participating will have consecutive days off scheduled depending on the needs of the assignment. a) Employees participating in this schedule will officially begin their work week at noon Friday to avoid FLSA conflicts and/or overtime. b) In the event of unexpected staff shortages, this alternative work schedule can be terminated with 72 hours' notice. 2.4 Overtime - Overtime work is work performed by an employee outside their regular hours and includes time worked: a) In excess of forty (40) hours in a work week for members working a 4/10 schedule. This provision may be nullified if a shift trade is involved. b) In excess of eight (8) hours in any work day for those on an eight (8) hour shift, in excess of nine (9) hours in any work day for those on a nine (9) hour shift, in excess of ten (10) hours in any work day for those on a ten (10) hour shift, and in excess of twelve (12) hours per day for those on a twelve (12) hour shift. c) Time worked outside of regular hours of work on a work day unless notification has been made in accordance with this MOU. d) Time worked on a non -work day unless involved in a shift trade. 2.5 Employees who are required to report for prearranged work on their non -work days shall be compensated at the overtime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. 2.6 Compensation paid to employees called out in emergency situations, outside their regular work hours, shall be a minimum of three (3) hours' pay at the overtime rate. 2.7 When, at the request of the supervisor in charge, an employee reports for prearranged overtime on work days outside of their regular work hours, the employee shall be paid overtime compensation for actual worked time in connection therewith, provided however, that if any such employee continues to work into their regular work hours, the employee shall be paid overtime compensation only for actual work time up to their regular work hours. 2.8 Rest Period - The intent of the rest period is to ensure that members of this unit are adequately rested for their assigned work shift. In the event a supervisor or Watch Commander deems it necessary for an employee to work through their rest period, the employee will continue being paid at the overtime rate. a) Employees will receive a continuous eight (8) hour rest period immediately preceding or immediately following their scheduled court appearance or other departmental assignment(s), if less than eight (8) hours has elapsed during_ 4 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 1) the time period that employee's regular work shift ends and their scheduled appearance/assignment time; or 2) the time period that employee is dismissed and their 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 their scheduled shift off, the employee's leave balances will be charged for the entire shift (as if no rest period has occurred). c) The rest period does not apply when an employee is scheduled for court or appearance/assignment the day immediately following a day off. 2.9 Compensatory Time - Employees may accrue compensatory time (CTO) in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half (1 '/2) hours for each hour of overtime worked. a) No more than 144 hours of CTO may be carried on the books at any time. Bargaining Unit Members with banks exceeding 144 hours shall retain those excess hours but shall not be eligible to accrue additional CTO hours until their CTO banks fall below the 144 hour maximum provided for in this MOU. b) An employee's decision to elect CTO instead of overtime is irrevocable. c) Employees may cash out their CTO twice a year during the months of April and October. d) Upon separation, the employee will be paid at the employee's current hourly rate of pay or the average of the last three years, whichever is higher, for the remaining CTO balance. e) Employees may submit a written request to the Chief of Police to increase the hours of CTO that may be carried on the books in excess of 144 hours. The request may only be made to address extenuating circumstances and will be evaluated on a case by case basis. The decision to grant or deny said requests is at the sole discretion of the Chief of Police. 2.10 Communications Center Staffing - When staffing shortages occur in the Communications Center due to unforeseen or exigent circumstances, Dispatcher/Jailers shall be called back to work under the following guidelines. Staffing shortages shall be determined by the number of fully -trained personnel actually on duty in conjunction with the amount and type of work actually needed or logically anticipated on any given watch. a) Personnel shall be called for duty by or at the direction of the Watch Commander responsible for the hours of duty to be worked. The three (3) hour minimum call back time, as per this MOU, shall apply. 1) Personnel by Watch The first option to work overtime shall be given to other Dispatchers/Jailers assigned to the watch suffering the shortage who are on scheduled days off. 5 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 2) Seniority The second option to work overtime shall be given to Dispatcher/Jailers assigned in the Communication Center on scheduled days off by seniority. b) Any Dispatcher working an overtime shift must be able to perform all duties of dispatch and jail procedures, with the exception of a dispatcher on light duty. The purpose of this is to eliminate personnel in a training status or an unqualified person from working overtime shifts. c) A current seniority list shall be maintained in the Communication Center with an updated work schedule maintained by the Services Division Supervisor and Patrol Watch Commander(s). Dispatch will be responsible for call in/call backs at the Watch Commander's direction. Failure by dispatch to follow this procedure will not subject the City to unwarranted overtime. d) Vacations and Holidays - Vacation time shall not be canceled due to short-term staffing shortages unless conditions exist which require a total departmental call -out. Holidays shall be canceled in part or fully only as a last resort, but should it become necessary to cancel a scheduled holiday, the employee will be given at least forty- eight (48) hours' notice of the cancellation. If such notice is not given, the employee will be paid at a rate of time and one half (1 %2) for the actual hours worked. An employee who is on a first -pick schedule vacation will not be compelled to come to work on the vacation days or adjacent regular days off unless exigent circumstances exist. Staffing shortages will not be considered exigent circumstances for the purposes of this subsection only. Exigent circumstances would include, but not be limited to, natural disasters, riots, total department call -outs, etc. e) Duties - Personnel called back for work shall perform all the regular duties required in a regular work day and shall appear in uniform. ARTICLE III — BILINGUAL DISPATCHERS 3.1 Unit members who have demonstrated a proficiency in the Spanish language shall receive $150.00 per month. The City shall be the sole judge as to whether a member has the necessary proficiency. ARTICLE IV — INCENTIVE PAY 4.1 A $165 per month ($76.15 per pay period) incentive pay allowance shall be paid to members who are trained in a Post Certified Field Evidence Technician (FET) course and are on the call out roster for Field Evidence Technicians. The Latent Print Examiner classification will receive the same incentive as FET. 4.2 Employees who have either an AA degree or Intermediate POST certificate will receive $150 per month. Employees who have a BA degree or Advanced POST certificate shall receive $225 per month. These amounts are not cumulative. LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 ARTICLE V — UNIFORM ALLOWANCE 5.1 The uniform allowance shall be $950 annually paid bi-weekly in conjunction with regular pay checks. 5.2 In the event of pregnancy, maternity uniforms shall be required. Jailers shall wear a navy blue maternity top with a navy blue or black maternity skirt or slacks; Community Services Officers shall wear similar garments of a blue color. 5.3 The City agrees to repair or replace both personal and City owned uniforms, equipment and property, except for jewelry, damaged or destroyed on duty unless gross negligence can be shown on the part of the employee. Repair or replacement costs shall not exceed reasonable cost. Receipts will be required prior to reimbursement. ARTICLE VI - COURT APPEARANCES 6.1 An employee serving on jury duty is entitled to keep any monies paid them for jury duty. 6.2 If an employee has jury duty he/she shall not be scheduled to work eight (8) hours preceding or following jury duty at no cost to the employee. 6.3 If an employee covered by this agreement is required by subpoena to appear in court or to give a deposition as a result of an action taken within the scope of employment with the City, that employee will receive their full pay while so doing with no loss of time if said employee is on regular duty. If the employee is not on duty the City agrees to compensate that employee at one and one half (1 '/2) times their regular pay for the time spent in any appearance as required by this Article. As a prerequisite for payment to off-duty employees, the Police Chief or designee must be notified in writing of the off duty appearance within seventy-two (72) hours after the employee is subpoenaed or otherwise notified of the required court appearance. ARTICLE VII — ADDITIONAL COMPENSATION/LOYALTY PROGRAM 7.1 After completing ten years of service with the LPDA, employees shall receive an annual loyalty compensation amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty (20) years of service with the LPDA. Employees who have completed 20 years of service with the LPDA will receive an annual loyalty compensation amount of $3,000 on November of the year following completion of twenty (20) full years of service and each year thereafter. LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 For the purposes of this article, all employees who as of October 31St meet the service level requirements (either ten full years or 20 full years from the first day of the month in which they started their employment with the LPDA) shall receive the loyalty compensation associated with their years of service with the LPDA. The incentive in this article is limited to employees hired prior to July 17, 2012. ARTICLE VIII - SAFETY 8.1 The City reaffirms its desire and aim to provide a safe place of employment for its employees and shall continue to take all reasonable steps to ensure this. The City and the LPDA mutually agree that during the ensuing year at least two joint meetings will be held in order to develop a mutually satisfactory safety program. 8 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 CHAPTER 2 - LEAVES ARTICLE IX - CATASTROPHIC LEAVE 9.1 Catastrophic leave is available to employees in accordance with the City's current Catastrophic Leave Policy. ARTICLE X - HOLIDAYS 10.1 Employees shall receive eleven (11) holiday days. Hours earned per pay period are dependent upon their work schedule. Schedules and hours received annually are as follows: a) 12 hour schedule 132 hours b) 10 hour schedule 110 hours c) 8 hour schedule 88 hours Holiday leave is to be taken off at a time mutually agreed upon between the employee and the department head. Holiday time may be taken in one-hour increments during the calendar year. 10.2 Unused holiday leave may not be carried forward into the following calendar year but shall be paid off by the City at the employee's current straight time rate. 10.3 Employees hired after the first pay period of the year shall be credited with hours for each pay period remaining in the calendar year dependent upon the work schedule assigned. Schedule and hours received per pay period are as follows: a) 12 hour schedule 5.07 hours per pay period b) 10 hour schedule 4.23 hours per pay period c) 8 hour schedule 3.38 hours per pay period Employees separating after the first pay period of the year shall have their holiday balances reduced by a number of hours dependent upon work schedule assigned. Schedule and hours deducted per remaining pay period in the year are as follows: a) 12 hour schedule 5.07 hours per pay period b) 10 hour schedule 4.23 hours per pay period c) 8 hour schedule 3.38 hours per pay period If the employee does not have sufficient holiday hours remaining the difference in hours shall be reduced from other balances for which the employee would be paid. 9 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 ARTICLE XI - LEAVES OF ABSENCE 11.1 Leave of Absence is available to employees in accordance with the City's current Leave of Absence policy. ARTICLE XII - SICK LEAVE 12.1 All employees shall accumulate sick leave based on shift worked. Schedule is as follows: 12 hour workday 5.54 hours per pay period 10 hour workday 4.62 hours per pay period 8 hour workday 3.70 hours per pay period 12.2 Sick leave may be accumulated up to an unlimited amount. 12.3 Family sick leave may be used in accordance with Federal and State law. ARTICLE XIII - VACATION LEAVE 13.1 0 - 1 year - none. However, at the completion of twelve (12) continuous months of service, eighty (80) hours of vacation will be credited to the employee's account. a) 1 through 5 years: b) 6 through 11 years: c) 12 through 14 years d) 15 years and more: 3.08 hours per pay period 4.62 hours per pay period 5.24 hours per pay period 6.16 hours per pay period 13.2 First choice vacation leave is picked by seniority. Second choice vacation leave is selected upon completion of first choice vacation leave. All vacation picks will be based upon seniority. However, if seniority is waived by an employee, the employee must wait until seniority list is exhausted prior to picking another vacation. 13.3 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically 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. 10 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 ARTICLE XIV - RESERVED CHAPTER 3 - INSURANCE BENEFITS AND RETIREMENT ARTICLE XV - DENTAL AND VISION INSURANCE 15.1 The City will pay the full cost for employee dental premium and one-half (1/2) the premium for the employee's dependent for the current dental plan. 15.2 The City will provide a vision care plan equivalent to the VSP Plan B with a $25.00 deductible for the employee and dependents. The entire premium shall be paid by the City. 15.3 The City reserves the right to select any dental or chiropractic carrier to administer the City's plan. ARTICLE XVI — MEDICAL INSURANCE 16.1 All employees are offered medical insurance for themselves and dependent(s) through Ca1PERS medical plans. City shall pay one hundred percent (100%) of the premium for the employee's family category (Family, Employee + 1, Employee Only) for the lowest cost PERS HMO available in Lodi's geographical area (excluding PORAC). If an employee waives medical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account: $692.81 per month for Family $532.92 per month for Employee + 1 $305.22 per month for Employee Only In order to qualify for this provision, proof of group insurance must be provided to the City. 16.2 Effective January 1, 2014, the City will pay a monthly maximum of the following for each family category: $1,709.06 per month for Family $1,314.66 per month for Employee + 1 $657.33 per month for Employee Only 11 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. 16.3 If the Federal or State Government mandate changes in the present health care delivery systems the City and LPDA will reopen the MOU to meet and confer on the issue of health care. 16.4 The City will offer a chiropractic plan equivalent to Landmark benefit. 16.5 The City will maintain a flexible spending account to conform to IRS regulations to be used for premium contributions, dependent care, and/or unreimbursed medical payments for unit members. 16.6 Only one family member may carry employee and dependent coverage of City sponsored medical insurance. 16.7 The City intends to propose a cafeteria -based benefit program to be implemented in calendar year 2018 with an open enrollment period in 2017. This program would incorporate, but not be limited to: medical, vision, dental, chiropractic, and life insurance. The City will form a committee comprised of one member from each Bargaining Unit, along with City staff to discuss the contents of said cafeteria plan. The City's proposed cafeteria plan will offer substantially the same or better benefits to those currently received by unit members and the parties shall meet and confer over any changes. ARTICLE XVII - LONG TERM DISABILITY 17.1 A long term disability program, which, coordinated with other disability benefits, shall provide a benefit of 66 2/3% to a maximum of $10,000 per month of the employee's basic salary in the event of disability. This program commences sixty (60) days from the date of disability. Please refer to the City Policy on Long Term Disability. 17.2 The maximum length of coverage is three (3) years from date of disability. ARTICLE XVIII - LIFE INSURANCE COVERAGE 18.1 The City will provide each covered member a $25,000 accidental death policy in addition to any other life insurance policy or statutory payments that may be due to an employee in the event of death resulting from a line -of -duty injury. 18.2 The City will provide a life insurance program providing an additional $10,000 term life insurance for the employee. Said amount of insurance to reduce to $6,500 at age 70, and to decrease to $5,000 at age 75. In addition, the City will provide $1,500 of life 12 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 insurance for an employee's spouse, dependent children under the age of twenty-four (24), and dependent disabled children. ARTICLE XIX - DEFERRED COMPENSATION 19.1 Employees may voluntarily participate in the City's Deferred Compensation plan as allowed by IRS Code 457(k). 19.2 The City shall match contributions by an employee to a deferred compensation program up to a maximum three percent (3.0%) of the employee's gross salary. ARTICLE XX - PERS 20.1 The City agrees to provide the following retirement program and options and to pay the employer's cost for employees deemed to be "classic" employees by PERS: a) The 2.00% at 55 formula. b) Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. c) Increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. d) The third level of 1959 survivor benefits. e) 50% survivor continuation in the event of death after retirement. f) Sick leave conversion. g) Employee shall pay the full employee share of retirement costs (7%) as calculated by PERS in its annual actuarial valuation 20.2 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): a) The 2.00% at 62 formula. b) Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. c) Increased ordinary disability benefits which provide under PERS a 30% benefit after five years of service increasing to a maximum 50% benefit. d) The third level of 1959 survivor benefits. e) 50% survivor continuation in the event of death after retirement. f) Sick leave conversion. 13 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 g) Employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation ARTICLE XXI - SICK LEAVE CONVERSION 21.1 For all unused sick leave, a represented employee with ten (10) years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: a) After ten (10) years of employment by the City, fifty percent (50%) of the represented employee's unused sick leave shall be converted to months of medical insurance at the rate of one (1) month's premium for employee and dependent coverage for each day of unused sick leave as adjusted herein. b) For each year that an employee has been employed by the City in excess often (10) years, the employee shall be entitled to add two and one-half percent (2 1/2%) to the fifty percent (50%) before converting the unused sick leave to months of insurance. 21.2 The City shall pay up to the City's liability for medical insurance premiums for retiree and dependent. Alternatively, the employee may, at their option, choose to have a cash reimbursement for sick leave at the rate of one-third (1/3) of base pay per hour. Sick leave hours will be converted on the same basis as in Section 21.1. 21.3 In accordance with the sick leave conversion provisions, a surviving dependent may at their own expense continue medical insurance at the employee -only premium for the same period as if the employee had not died. 21.4 Represented employees who retire from the City of Lodi shall have the option of purchasing, at the employee's cost, additional medical insurance. 21.5 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 21.2. 21.6 The City agrees to modify its contract with PERS to add credit for unused sick leave per Government Code Section 20862.8. This benefit is available to all employees regardless of the date hired; however, it is the only sick leave conversion benefit available to employees hired after November 8, 2004. It is agreed that eight hours equals one day for purposes of determining days creditable. If an eligible employee opts to utilize the provisions of Section 21.1, the City will report they have zero hours of unused sick leave. 21.7 The City asserts that the November 8, 2004 date referenced in Section 21.6 is a scrivener's error and should properly be July 9, 1994. Association contests the City's position. As a resolution to this matter, the City shall establish a Retiree Health Savings Account (RHSA) for the following employees that were hired into this 14 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 bargaining group between July 9, 1994 and November 8, 2004. The City shall allocate a lump sum of $75,000.00 to be distributed to the listed employees on a pro -rated amount based on their individual sick leave accrual as of the pay period ending May 17, 2015. The pro -rated amounts shall be deposited into the RHSA as soon as administratively possible. Beginning the first full pay period in 2016, the City shall contribute one percent (1%) of the employees' base bi-weekly salary, each pay period, into the RHSA until such time as the employee retires, resigns, or separates employment with the City of Lodi. Maria Butterfield Jeff Humphrey Tenneill Ramirez Andrea Patterson Jennifer Root Kimberly Van Tassell Effective upon adoption, above named employees shall be required to make an irrevocable choice to either convert their previously earned sick leave as described above, moving the existing balance into a closed bank of hours (Bank A), which shall be available only for use as sick leave by the employee, or to decline the conversion as described above and maintain one bank of hours which may be used for sick leave by the employee and in accordance with Section 21.6 referencing PERS service credit provision. Hours in Bank A shall not be eligible for catastrophic leave donations. Employees who opt into the RHSA shall have future sick leave hours deposited into Sick Leave Bank B. Sick Leave Bank B hours may be used by the employee for sick leave or towards Ca1PERS service credit upon retirement as described in Section 21.6. Sick Leave Bank B hours may also be donated under the City's catastrophic leave policy. Sick Leave Bank B hours shall be valued at the employee's current regular hourly rate of pay; however, these hours shall have no cash value. Employees utilizing sick leave hours shall first draw from Bank A hours. If no Bank A hours exist, then Bank B hours shall be used. ARTICLE XXII - TUITION REIMBURSEMENT 22.1 Tuition reimbursement shall be available to employees as stated in the City's current Tuition Reimbursement policy. 22.2 The City shall allow LPDA members the option of using the funds referenced in section 22.1 for work-related training seminars, symposiums, etc., that are not reimbursable by the City. Up to $300.00 per fiscal year may be used for tuition reimbursement to obtain an AA degree. All training and time off for training must be approved in advance by the department head. ARTICLE XXIII - WORKERS' COMPENSATION 15 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 23.1 When an employee is compelled to be absent from work due to injuries or illness arising out of and in the course of their employment, the City will pay full compensation to any represented employee who becomes eligible for benefits under Workers' Compensation laws for the period of the time between the injury and the first day of eligibility for benefits. With the determination that the injury or illness is compensable in accordance with Workers' Compensation benefit criteria, the employee upon receiving said benefits paid by Workers' Compensation will also receive compensation from the City in such an amount that when added to the Workers' Compensation payment will equal the employee's regular salary. The amount paid by the City will, after the period from the date of injury and date of eligibility, be charged to the employee's sick leave account. The employee's regular deductions shall be made from the amount paid by the City. a) Bargaining unit members shall have the presumption afforded by Labor Code Section 3212.5 regarding pneumonia (but not heart trouble) and the presumption afforded by Labor Code Section 3212.6 regarding tuberculosis. Moreover, bargaining unit members who can establish exposure to bodily fluids shall have the presumption afforded by Labor Code Section 3212.8 regarding blood borne infectious diseases and MRSA and Labor Code Section 3212.9 regarding meningitis. 23.2 In the event an employee is injured or otherwise becomes disabled: a) By contact with a prisoner or member of the public in the course of employment or, b) While performing evidence technician assignments. The City shall supplement the Workers' Compensation payment to the extent that the employee shall receive their regular salary and benefits for up to one (1) year. Thereafter, the employee may be eligible for the Long Term Disability (LTD) program, per Article XVII. Please refer to the City Policy on Long Term Disability 23.3 The City supplement will end at the earliest of the following: a) Permanent and stationary rating of employee. b) Return to duty or physician's release. CHAPTER 4 - ASSOCIATION/CITY ISSUES ARTICLE XXIV - CITY RIGHTS 24.1 Nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include but are not limited to the exclusive rights to: a) decide the scope of service to be performed and the method of service b) hire and/or otherwise determine the criteria and standards of selection for employment c) fire, demote, suspend or otherwise discipline for just cause 16 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 d) transfer employees from location to location and from time to time e) lay off and/or relieve employees from duty due to lack of work or any other legitimate reason f) re -hire employees g) determine the allocation and content of job classification h) formulate and/or amend job descriptions i) to determine the need for overtime work subject only to contrary provisions of this MOU J) merge, consolidate, expand, curtail or discontinue operation temporarily or permanently in whole or in part, whenever in the sole discretion of the City good business judgment makes such curtailment or discontinuance advisable k) contract and/or subcontract any existing or future work 1) control the use of equipment and property by the City m) determine the number, location and operation of headquarters, annexes, substations and or division thereof n) expand, reduce, alter, combine, assign or cease any job o) schedule and assign the work to the employees and determine the size and composition of the work force p) determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and to introduce new or improved serviced, maintenance procedures, materials, facilities and equipment q) take whatever action may be necessary to carry out the mission and responsibility of the City and specifically the Police Department in unusual and/or emergency situations r) formulate, amend , revise, and implement standard operating procedures, rules, and regulations regarding the operation of the Police Department s) establish, amend, revise and implement any programs, and or procedures including an employee evaluation system t) require employees to observe and obey the City's and Departmental policies, procedures, ordinances, resolutions, rules and regulations However, the exercise by the City of the rights in the paragraph does not preclude employees of their recognized employee organizations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours, or other terms and conditions of employment. ARTICLE XXV - CHANGES IN MEMORANDUM 17 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 25.1 The parties agree to reopen this MOU and to renew meeting and conferring on the subjects set forth herein during the term of this MOU only in the event that any provision of this MOU is modified by statute, applicable regulation, or by order of Court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU would continue in full force and effect unless and until they were also modified by statute, applicable regulation or order of Court, or agreement of the parties. ARTICLE XXVI - EMPLOYEE REPRESENTATION 26.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter referred to as "City") and representatives of the Lodi Police Dispatchers Association (hereinafter referred to as "LPDA"). a) The parties to this MOU acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Sections 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth in this MOU. If the City intends to change a matter within the scope of representation under the Meyers-Millias-Brown Act (MMBA) which is not covered by this MOU, it shall notify the LPDA. If the LPDA wishes to negotiate over such a matter, it shall notify the City within twenty (20) work days of notice, and the parties shall commence negotiations within twenty (20) work days of the LPDA's notification. If the LPDA does not respond within twenty (20) work days of the City's notification, the City will have no further obligation to negotiate over the matter. b) The terms and conditions of this MOU are applicable to all regular and probationary employees represented by LPDA. Those classifications are as follows: • Community Services Officer • Dispatcher/Jailer • Lead Dispatcher/Jailer • Property & Evidence Technician 26.2 Dues - The City shall grant dues deduction to City employees who are members of the LPDA in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled, "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." a) Any dues check -off cancellation or modification notice shall first be forwarded to LPDA for notation and then returned to Payroll prior to any change in members' dues check -off. In addition, any dues check -off cancellation or modification notice regarding the Police Officers' Association of Lodi (POAL) shall first be forwarded to POAL for notation and then returned to Payroll prior to any change in a member's dues check -off to POAL. 18 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 b) The LPDA shall indemnify, defend, and hold the City of Lodi harmless against any claims made and against any suit instituted against the City of Lodi on account of check -off of said employee organization's dues. In addition, the LPDA shall refund to the City of Lodi any amounts paid to it in error upon presentation of supporting evidence. c) Effective upon adoption of this Memorandum of Understanding (MOU) and for the purposes of the continued certification of LPDA as the recognized employee organization for this unit, employees in this unit who are or hereafter become members of LPDA shall maintain membership in good standing with LDPA for the life of this MOU, except that any unit employee may withdraw from membership not earlier than ninety (90) days nor less than sixty (60) days from the expiration of this MOU. Such withdrawal must be in writing and delivered to LPDA and the Finance Department within the prescribed time frame. 26.3 The City agrees to furnish LPDA with a written notice of the City's intention to make changes in departmental rules, policies or procedures that would affect the working conditions of LPDA members, notwithstanding Article XXIV. 26.4 LPDA will have the right to use city facilities for association business subject to advance notice and availability. 26.5 If any section of the MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, City resolutions, or City ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. ARTICLE XXVII - EMPLOYEES RIGHTS 27.1 Individual bargaining unit members may donate from their vacation or holiday leave time up to eight (8) hours per calendar year for Association business. The President may designate members of the Association to utilize this time. Only one member at a time may be absent unless it is mutually agreed that additional members may be absent. Five (5) days' advance notice of use of time shall be given. 27.2 The City will provide affected employees with copies of personnel orders as soon as the personnel orders are issued. Personnel orders are defined as all written notices of actual disciplinary actions, notices of intent to take disciplinary actions, transfer notices, promotion notices and termination notices. 27.3 Any LPDA member who is to be interviewed concerning an act which, if proven, could reasonably result in disciplinary action will be afforded the following safeguards: a) LPDA member will be informed prior to the interview if the City believes the LPDA member is a suspect in the investigation. 19 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 b) The LPDA member will be informed of the nature of the investigations and allegations and afforded the opportunity to consult with a LPDA representative prior to an interview. The LPDA member shall be allowed the right to have an LPDA representative present during the interview. c) The City shall make a reasonable good faith effort to conduct these interviews during the employee's regular working hours except for emergencies or where interviews can be conducted by telephone. Section 27.3 (a) and (b) notwithstanding. d) Interviews shall be done under circumstances devoid of intimidation, abuse, or coercion. No more than two (2) interviewers may be present at any one time. e) The employee shall be entitled to reasonable intermissions to attend to personal necessities. f) If the City tape records the interview, the member also has the right to tape the interview. If the interview is taped by either party that party must give notice of its intention. g) Interviews and investigations shall be concluded with no unreasonable delay. h) The employee shall be advised of the results of the investigation and any future action to be taken on the incident. i) When the investigation results in Departmental charges being filed against the employee, the employee, upon request, will be furnished with a copy of the reports of the investigation which contain all known material facts of the matter, to include any tape recordings, at no cost. The employee will also be furnished with the names of all witnesses and complainants who are to appear against the employee and/or whose statements may be used against the employee. 27.4 The performance of each LPDA member shall be evaluated annually. Performance evaluations shall be based on work performance related criteria. a) When an employee is rated unsatisfactorily in any category, the supervisor shall state the reason(s) for such rating and shall, if practicable, suggest means of improvement. b) After the evaluation is made, the employee shall be given a copy. Either the supervisor or employee may request to meet and discuss the evaluation. 27.5 Each employee shall, during normal business hours, have the right of access to their own personnel file. At the employee's request they shall be provided one copy of any document placed in the employee's file. LPDA members will be given a list of all personnel files held by the City and any department personnel used for promotion and disciplinary actions. a) An employee shall have the right to inspect and review any official record relating to their performance as an employee which is kept or maintained in the employee's personnel file. The City shall provide an opportunity for the employee to respond in writing to any information with which the employee disagrees. Such response shall become a permanent part of the employee's personnel record. The employee 20 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 shall be responsible for providing the written responses to be included as part of the employee's permanent record. b) The only persons permitted to have access to the contents of an employee's personnel folder, excluding background investigation references from previous employers, are the employee, their designated representative having the employee's signed authorization, and persons authorized by the City. c) Employees will receive a copy of all materials placed in their file. Written reprimands more than two (2) years old will not be considered for purposes of promotion, transfer, special assignments and disciplinary actions, except as to those disciplinary actions which show patterns of misconduct as defined in the Department's Rules and Regulations. d) Anything less than a written reprimand shall be purged from an employee's personnel file after an evaluation is given. Requests to purge personnel files are the responsibility of the individual involved. 27.6 All special assignments available to LPDA members shall be posted and shall invite letters of interest from LPDA members. 27.7 All special assignment positions shall be limited to three (3) to five (5) years and will begin and end at shift pick changes. Those assigned will report to the immediate supervisor that is in charge of the department. The Chief reserves the right to ask for letters of interest during shift pick changes during this time. If no applications of interest have been submitted for the position, the employee holding the position may be extended for a period of two more years after the third year. It is also mutually agreed that assignments to Property Clerk and/or Court Liaison positions are at the sole discretion of the City of Lodi. No employee has property rights to such assignments and waives any appeals for assignment, reassignment, or transfer from this agreement. ARTICLE XXVIII - GRIEVANCE PROCEDURE 28.1 This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, letters of understanding, formal interpretations and clarifications executed by the LPDA and the City. a) The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. b) The term "day" means a working day, i.e. Monday through Friday excluding fixed City Hall holidays. c) A grievance is a good faith complaint of one or a group of employees or a dispute between the City and the LPDA involving the interpretation, application, or enforcement of the express terms of the Agreement and other terms and conditions 21 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 of employment and matters of discipline which includes demotion, suspension, or discharge. d) As used in this procedure, the term "party" means an employee, the LPDA, the City, or the authorized representative of any party. The employee is entitled to representation through all the steps in the grievance procedure. 28.2 INFORMAL GRIEVANCE PROCEDURE a) An employee, the LPDA, or their representative having an issue arising from employment in the municipal service shall seek adjustment of the issue initially through verbal contact with their immediate supervisor within twenty (20) working days of the date of the action being grieved, or the date the grieving party became aware of the incident which is the basis of the issue. Should the immediate supervisor be unable to make a satisfactory adjustment, or is a party to the issue, the employee, LPDA, or their representative may seek adjustment through either verbal or written contact to the next higher level of supervision up to and including the Chief of Police who shall render a decision in writing within ten (10) working days of hearing the appeal. The time allowed between steps in this process is ten (10) working days. All verbal contacts shall be documented as to the date, time and place of the contact. b) Should the employee, LPDA or their representative, progress through the above steps and find that the Department Head is unable to make a satisfactory adjustment within the timeframe given, or is a party to the issue, the employee, LPDA, or their representative may seek adjustment through the formal grievance procedure. Any decision by City at this step shall be a written decision rendered within ten (10) working days of hearing the appeal. 28.3 FORMAL PROCEDURE An employee who has not received satisfactory adjustment through the use of the Informal Grievance Procedure may, within ten (10) working days of the last time deadline of the Informal Procedure, file a Formal Grievance. The steps of the Formal Grievance Procedure are as follows: CTFP A Class action grievances are filed, in writing, with the City Manager and can only be made by the LPDA president or representative upon the authority of the LPDA. Grievances that affect individual employees may be filed, in writing, with the City Manager by the affected employee, the LPDA, or their representative. The City Manager shall investigate the grievance and shall respond in writing within ten (10) working days. If satisfactory adjustment is not attained the employee, LPDA, or their representative may proceed to Step B within ten (10) working days. STEP B The employee, LPDA, or their representative shall file an appeal of the City Manager's decision to the City Clerk. Within fifteen (15) days of the receipt of the appeal, the City Clerk shall begin the process of establishing a list of eligibles for a Personnel Board of ON LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 Review. The Personnel Board of Review shall hold a public hearing, unless the grievant desires a closed hearing, within thirty (30) working days of the filing of the appeal with the City Clerk. The Personnel Board of Review has no power to add to, subtract from or modify the terms or conditions of this MOU; nor, do they have any power to add a greater form of disciplinary action than that which was originally grieved. Within fifteen (15) days after the hearing, the Personnel Board of Review shall submit a written statement of findings and directions to the City Manager, the employee, and the LPDA. The directions of the Board shall be binding on all parties to the MOU. The Personnel Board of Review shall be constituted as follows: 1) Both the LPDA and the City will select a representative to serve on the three- member board. Board members must be registered to vote in the City of Lodi and may not be a current or former elected official, employee of the City, or related to a present or former elected official or employee of the City. 2) The City Clerk shall submit the names of seven (7) persons applying for positions to the Personnel Board of Review to both parties. The criteria of qualifications are the same as in Step One. If there are not seven (7) persons from the list each party may select from the available names or ask the City Clerk to post for a vacancy(ies ). If there are more than seven (7) names, seven (7) names will be drawn by lot which shall be witnessed by the parties chosen in Step One. 3) The two persons selected in Step One shall select a third member from the list, either by agreement, lot, striking names, or any other means the two can agree upon. 28.4 Any employee shall have the right to appeal letters of reprimand and suspensions of three (3) days or less through the chain of command up to the Police Chief or designee. The decision of the Police Chief or designee is final and binding and not subject to further appeal. 28.5 FAILURE TO MEET TIME REQUIREMENTS Failure by either party to meet any of the aforementioned time limits shall result in the following action: Failure by an employee to take the initial grievance action within the twenty (20) working days given in the Informal Grievance Procedure will result in forfeiture of the grievance. Failure of management to meet any of the time limits set forth on any step in this grievance procedure will give the employee the right to automatically proceed to the next level of appeal. This action must be taken within ten (10) working days of the last date of the time limit which management failed to meet. ARTICLE XXIX - MUTUAL CONSENT CONTINGENCY 29.1 This Agreement may be amended any time with the mutual consent of the City and LPDA. Such amendment must be in writing and attached to all executed copies of this Agreement. 23 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 ARTICLE XXX - NO STRIKES 30.1 The represented employees agree that they shall not strike, withhold services, engage in "slow downs" or "sick -ins", or participate in any other concerted activity which adversely affects job performance or city services during the term of this MOU. ARTICLE XXXI - RESERVED ARTICLE XXXII - PROBATION 32.1 All appointments to positions in the classified service shall be subject to a probationary period of eighteen (18) continuous months of service. The probationary period shall be regarded as an integral part of the examination process and shall be used to closely observe the employee's work for securing the most effective adjustment of an employee to their new duties, assignments and responsibilities in the new position and for rejecting any probationary employee whose performance does not meet required work standards. If the service of the employee is deemed to be unsatisfactory, the employee shall be notified that they have not satisfactorily completed probation. 32.2 During the probationary period, all new hires shall have all the rights and privileges afforded to other employees, except: 1) Vacation Leave - See Article XIII for the vacation leave schedule. 2) The use of the Grievance Procedure to grieve termination. 3) The City and the employee may mutually agree to extend the probationary period for not more than six (6) months. The LPDA shall be notified of all extensions. 4) Probation shall be extended for the same time as any leaves of absence. 32.3 In the event an employee is promoted and is rejected by the appropriate department head, the employee shall be reinstated to the position from which the employee was promoted unless charges are filed and the employee is discharged. The seniority and status of a rejected candidate shall continue as before. ARTICLE XXXIII - PROMOTION 33.1 The City and the LPDA mutually agree it is good personnel practice to make every effort to promote from within, consistent with the best interests of the City. ARTICLE XXXIV - SENIORITY 24 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 34.1 Seniority, for purposes of city employee benefits is defined as the total length of continuous service with the City. Continuity of service shall not be broken and seniority shall accrue when an employee is: a) inducted, enlists, or is called to active duty in the Armed Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the employee is entitled to re-employment rights; b) on duty with the National Guard' c) is absent due to industrial injury; d) on leave of absence; or e) absent due to layoff for a period of less than twelve (12) consecutive months. 34.2 Seniority for purposes of shift selection, overtime, holiday selection, and vacation leave shall be defined as total time in service as a member of the bargaining unit. Should a member of the unit leave membership for any reason and return to membership within twelve (12) months, seniority shall be as if the member never left. 34.3 Seniority, as defined above, shall be the method utilized for shift selection and vacation leave. 34.4 In the event an employee completes training before another employee with the same or more City seniority for purposes specified in section 34.2, the employee completing training first will have seniority for purposes of shift selection. ARTICLE XXXV - STATUS 35.1 Employees shall be designated as regular, probationary, or temporary, depending upon the purpose for which they are hired and their length of continuous service with the City. a) A regular employee is defined as an employee who has (twelve) 12 months or more seniority with the City in full-time employment, except as provided for in Article XXXII - Probation. b) A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authorized position and is of indeterminate duration. A probationary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay, vacation pay, holiday pay, retirement plan participation, insurance coverage, and items of a similar nature as he or she becomes eligible, but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence. Upon completion of (twelve) 12 months of continuous full-time service with City, a probationary employee shall be given the status of a regular employee. c) A temporary employee is an employee hired on a full-time basis to temporarily fill a full-time position (at least 32 hours per week). Temporary employees shall attain regular status after being employed for twelve (12) continuous months. 25 LODI POLICE DISPATCHERS ASSOCIATION - MOU - 2015 - 2017 ARTICLE XXXVI - TERM 36.1 All terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and LPDA agree that the term is January 1, 2015 through December 31, 2017. 36.2 The LPDA and City will commence negotiations for a new contract no later than three (3) months prior to the expiration of this MOU. 26 CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION 2015 Lodi Police Dispatchers Association: Andrea Patterson Dispatcher/Jailer Date: Jaime Worthen Dispatcher/Jailer Supervisor Date: Jennifer Root Dispatcher/Jailer Date: Kim VanTassel Property & Evidence Technician Date: Aaron Donato Chief Negotiator Date: City of Lodi: Stephen Schwabauer City Manager Date: Jordan Ayers Deputy City Manager Date: Adele Post Human Resources Manager Date: Attest: Jennifer M. Ferraiolo City Clerk Date: Approved as to form: Janice D. Magdich City Attorney Date: EXHIBIT A Salary Effective January 5, 2015 Occupation Title Job Code Step A Step B Step C Step D Step E Community Service Officer- P.D. 6400 3692.92 3877.57 4071.46 4275.03 4488.77 Dispatcher/Jailer 6410 4202.48 4412.60 4633.24 4864.90 5108.14 Lead Dispatcher/Jailer 6420 4412.57 4366.20 4864.85 5108.10 5363.50 Property & Evidence Technician 6440 3692.92 3877.57 4071.46 4275.03 4488.77 1. AA# 2. JV# TO: I Internal Services Dept. - Budget Division 3. FROM: JJordan Ayers, Deputy City Manager 15. DATE: 159120115 4. DEPARTMENT/DIVISION: 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. 2014/15 contract changes for Dispatch, including $75,000 one-time funding of Retiree Health Savings Account in settlement of disputed Sick Leave Conversion provision If Council has authorized the appropriation adjustment, complete the following: Meeting Date: 5/20/15 Res No: Attach copy of resolution to this form. Department Head Signature: 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. FUND # ORG # OBJ # ACCOUNT TITLE AMOUNT A. 100 32205 Unreserved Fund Balance $ 96,674.00 SOURCE OF FINANCING B. 100 10031004 71001 Regular Sala $ 21,674.00 USE OF 100 10031004 71031 Other Benefits $ 75,000.00 FINANCING 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. 2014/15 contract changes for Dispatch, including $75,000 one-time funding of Retiree Health Savings Account in settlement of disputed Sick Leave Conversion provision If Council has authorized the appropriation adjustment, complete the following: Meeting Date: 5/20/15 Res No: Attach copy of resolution to this form. Department Head Signature: 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.