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HomeMy WebLinkAboutResolutions - No. 2018-159RESOLUTION NO. 2018-159 A RESOLUTION OF THE LODI CITY COUNCIL APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE POLICE OFFICERS ASSOCIATION OF LODI EFFECTIVE JANUARY 1, 2018 THROUGH JUNE 30, 2019 WHEREAS, representatives from the City and the Police Officers Association of Lodi (POAL) have, bargaining in good faith, reached a tentative agreement on a successor Memorandum of Understanding; and WHEREAS, it is recommended that Council approve revisions to the Memorandum of Understanding with POAL to include the following: • Term: January 1, 2018 to June 30, 2019; • Effective January 1, 2018, increase City contribution to medical premiums; • Amend the Flexible 125 plan to provide for carryover of contributions; • Add a special bank of 80 hours of non-cashable leave to be used by December 31, 2019. 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 Police Officers Association of Lodi, effective January 1, 2018, through June 30, 2019. Date: August 15, 2018 I hereby certify that Resolution No. 2018-159 was passed and adopted by the Lodi City Council in a regular meeting held August 15, 2018, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Mounce ABSTAIN: COUNCIL MEMBERS — None NNIFER FERRAIOLO ity Clerk 2018-159 Exhibit A MEMORANDUM OF UNDERSTANDING CITY OF LODI AND POLICE OFFICERS ASSOCIATION OF LODI JANUARY 1, 2018 - JUNE 3 0, 2019 CITY OF LODI AND POLICE OFF[CERS' SSS ION OF LODI — MOU TABLE OF CONTENTS Page # CHAPTER 1— COMPENSATION & WORKING CONDITIONS Article I Salary 4 Article II Hours of Work 4 Article III Overtime 6 Article IV Rest and Meal Period 6 Article V Compensatory Time 7 Article VI Above Class Pay 8 Article VII Education Incentive 8 Article VIII Bilingual Officers 8 Article IX Arson/Explosive Ordinance Incentive 8 Article X Motor Officers 8 Article XI Canine Duty 9 Article XII Police Corporals 10 Article XIII Master Officer 10 Article XIV Special Assignment Pay 11 Article XV Call Back 11 Article XVI Court Time 12 Article XVII Additional Compensation/Loyalty Program 12 Article XVIII Uniform Allowance 13 Article XIX Safety Committee 14 CHAPTER 2 — LEAVES Article XX Catastrophic Leave 14 Article XXI Family Medical Leave 14 Article XXII Bereavement Leave 15 Article XXIII Holidays 15 Article XXIV Leaves of Absence 16 Article XXV Sick Leave 16 Article XXVI Vacation Leave 17 Article XXVII Vacation Leave 17 CHAPTER 3 — INSURANCE BENEFITS AND RETIREMENT Article XXVIII Cafeteria Plan 18 Article XXIX Chiropractic Insurance 18 Article XXX Dental Insurance 18 Article XXXI Flexible Spending Account 18 Article XXXII Vision Insurance 18 Article =III Medical Insurance 19 Article XXXIV Reserved 20 Article XXXV Deferred Compensation 19 Article XXXVI Life Insurance 20 Pj �ICiIl��►f�I�il��+��lC! �i�iC�l�l:�► �XYII�I�Y[!]►[!]Y!�!]��uC+11 Article XXXVII Public Employees' Retirement System Article XXXVIII Sick Leave Conversion Program Article XXXIX Survivors Benefits Article XL Tuition Reimbursement CHAPTER 4 — ASSOCIATION / CITY ISSUES Article XLI Article XLII Article XLIII Article XLIV Article XLV Article XLVI Article XLVII Article XLVIII Article XLIV Article L Article LI Article LII Article LIII Exhibit A — Salary Schedule Association Time Beneficial Pay Practice Changes in the MOU City Rights Concerted Activities Employee Representation Employee Rights Grievance Procedure Layoff Procedure Probationary Period Promotional Examinations Severability Term CITY OF LODI 3 20 21 23 24 24 24 24 25 25 26 28 29 34 35 35 36 36 Lail r i. ...4t 11s,11216710411111HR AND POLICE OFFICERS' ASSOCIATION OF LODI 2015-2017 CHAPTER I - COMPENSATION & WORKING CONDITIONS ARTICLE I - SALARY 1.1 The Salary Schedule for members of the POAL will be as set forth in Exhibit A. 1.2 Although the City is not required to perform a survey during the term of this MOU, the parties agree that if a survey is performed, the fifteen cities to be surveyed shall be: Chico, Clovis, Davis, Fairfield, Merced, Manteca, Modesto, Redding, Roseville, Stockton, Tracy, Turlock, Vacaville, Visalia and Woodland. ARTICLE II - HOIIRS OF WORK 2.1 Patrol Officers, Motor Officers, and Officers assigned to Investigations shall work a 4/10 plan. School Resource Officers shall work a 9/80 plan; however, the City and the POAL both mutually agree that School Resource Officers may be temporarily assigned to 4/10 schedule during the extended school breaks, between school calendar years, or at the needs of the Department. 2.2 The work period for POAL employees will consist of 7 consecutive days. This work period shall be from Monday through Sunday. 2.3 It is mutually agreed that the City has the sole right to assign personnel, to establish hours of work and work schedules, to make changes to those schedules, to schedule employees off on compensatory time, and to schedule holidays and vacations, all depending on the "needs of the service". Temporary changes to an employee's schedule must be noticed at least 24 hours' in advance of the change. 2.4 The City and the POAL mutually agree that split shifts are very stressful and may cause health problems. Consequently, officers shall not work split shifts except during cases of an emergency nature. Specifically and for training purposes only, this provision does not 4 -+--��---:t�'b.... b � .bib b■ A►b apply to the Canine Officer assigned to Graveyard with Thursdays and Fridays off in order to better facilitate training. 2.5 All employees in the classification of Police Officer Trainee, Police Officer, and Police Corporal, shall select annually, beginning in January, for at least a one year period, their preferred days off sequence, holidays, and vacation time off on the basis of their seniority and the "needs of service" of the department. Employees assigned to patrol shall be allowed to pick their days off sequence, shift, beat, holidays, and vacation time off based on their departmental seniority. Police Corporals shall be allowed to pick their days off sequence and shift based on their seniority within the rank of Corporal. The selections for beat, holidays, and vacation time off shall be based on their departmental seniority. Departmental seniority shall be defined as the total time in service as a member of the POAL bargaining unit. Should a member of the POAL leave membership for any reason and return to membership within 12 months, seniority shall be calculated as if the member never left the bargaining unit. K-9 officers assigned to patrol shall pick their days off sequence and shift based on the needs of service for the department. The selections for beat, holidays and vacation time off will be based on their departmental seniority. Employees assigned to a special assignment which includes Investigations, Traffic, Bicycle Patrol, and School Resource shall pick their days off sequence, vehicle assignment, holidays and vacation time off based on their seniority within their respective unit. Nothing in this section prevents the department from assigning personnel based on the needs of service for the department as determined in the sole discretion of the Police Chief. ARTICLE III - OVERTIME 3.1 Overtime work may be required of any employee in order to meet special or unusual needs of service beneficial to the City and community. All overtime work requires the prior approval of a supervisor. Overtime is defined as the number of hours worked in excess of the normal weekly schedule of work hours illustrated below: 5 MKIMSIM]alls►�I �llal�[y a . _ s a • , a a Work Schedule Overtime 10 hours per day, 4 days per week over ten hours in a day 9 hours per day, 9 days per period over nine hours in a day On the 9/80 work schedule there is one day employees' work an eight (8) hour day. For purposes of overtime eligibility, hours worked in excess of eight (8) hours on this day shall be considered overtime. 3.2 Overtime hours shall be reported and paid at the rate of one and a half times regular pay, or any greater amount as required by law, in quarter hour increments with less than 7.5 minutes rounded down to the next quarter hour increment and over 7.5 minutes rounded up to the next quarter hour increment. ARTICLE Iy — REST AND MEAL PERIOD 4.1 The intent of the rest period is to ensure that the officer is adequately rested for his/her assigned work shift. a. Officers will receive a continuous eight hour rest period immediately preceding or immediately following their scheduled court appearance or other departmental assignment(s), if less than eight hours has elapsed during: 1) the time period that officer's regular work shift ends and his/her scheduled appearance/ assignment time; or 2) the time period that officer is dismissed and his/her regular work shift begins. This rest period will not be charged to the officer. b. If an officer receives approval to take the remaining portion of his or her scheduled shift off, the officer's leave balances will be charged for the entire shift (as if no rest period has occurred). C. The rest period does not apply when an officer is scheduled for court or appearance/ assignment the day immediately following a day off. C ■ i■ i '! i i 11112115i.5414M, RRIM 4.2 If an officer is called to duty or remains on duty for any reason within that rest period or into his/her normal shift, he/she shall be compensated at 150% of his/her normal rate of pay. 4.3 Officers assigned to work a 4/10 or 9/80 schedule will receive a one (1) hour paid meal period when operationally feasible. Officers may elect to utilize the one (1) hour paid meal break to work out in the gym on the second floor of the Police Department. Officers who choose to work out in the department gym must follow the guidelines as set forth in the Department's Lexipol meal break policy. ARTICLE V - COMPENSATORY TIME 5.1 Employees may accrue compensatory time in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half hours for each hour of overtime worked. 5.2 No more than 240 hours of compensatory time may be carried on the books at any time. 5.3 An employee's decision to elect compensatory time instead of overtime pay is irrevocable. 5.4 Upon separation, the employee will be paid at the employee's current hourly rate or the average of the last three years, whichever is higher, for the remaining compensatory balance. 5.5 Bargaining unit members shall be allowed to cash out up to a maximum of 100 hours of earned compensatory time off twice per year, in April and October. ARTICLE VI - ABOVE CLASS PAY 6.1 All employees in this bargaining unit who are required to work in a higher classification shall be paid an additional 5% of the employee's normal salary including any allowance or education incentive pay currently enjoyed by the employee if the position is vacant for more than 10 consecutive calendar days because of vacancy, illness, or industrial or non- industrial accident. 7 CITY OF LODI AND POLICE OFFIS' ASSOCIATION OF LODI --MDU ARTICLE VII - EDUCATION INCENTIVE 7.1 Education incentive pay shall be as follows: Bachelor's Degree $200.00 per month Basic POST Certificate $50.00 per month Intermediate POST Certificate $150.00 per month Advanced POST Certificate $300.00 per month No employee shall be entitled to additional pay provided in this paragraph until completion of the appropriate probationary period. The POST Incentives set forth in this clause are paid at the highest level certificate held (i.e. they are not stackable). ARTICLE VIII - BILINGUAL OFFICERS 8.1 Employees designated by the Police Chief and approved by the City Manager who have passed a bilingual proficiency examination administered by the City shall receive a monthly bilingual allowance of $150.00. Officers shall not be eligible for the bilingual allowance while attending a POST Basic Academy. ARTICLE IX - ARSON / EXPLOSIVE ORDINANCE INCENTIVE 9.1 Officers performing the Arson / Explosive Ordinance function shall be paid an incentive of an additional 4.5% of the employee's base salary. ARTICLE X - MOTOR OFFICERS 10.1 Officers assigned to the Motors Unit shall be paid an incentive of 4.5% of the employee's base salary. It is mutually agreed this incentive fully compensates the officer for the time taken for regular pre -shift preparation, washing, minor maintenance, transportation of the vehicle to repair facilities within the City of Lodi, and any permitted transportation of the motorcycle to and from home. It is also mutually agreed that assignments to the Motor Unit are at the sole discretion of the City. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal from such transfer or reassignment. Nonetheless an officer shall not be punitively removed from a specialty assignment without being granted an 8 CITY OF LODI AND POLICE.OFFICE W ASSOCIATION OF LODI — IOU opportunity for an administrative appeal. However, the provision of an appeal shall not create a property interest in the assignment. ARTICLE XI - CANINE DUTY 11.1 The pay provisions for canine duty shall be regulated only by the following: a. The City and POAL estimate that the time canine officers spend in all aspects of the care, feeding, exercise, transport to/from work, and maintenance of their canines, on a weekly basis, is seven (7) hours, payable at the federal minimum wage overtime rate. They agree that any time spent in excess of such time is not reasonably necessary and is accordingly not authorized. The full compensation due officers for the performance of their canine responsibilities, on a bi-weekly basis, is $152.25. In the event of a change in federal minimum wage, the parties agree to re -open this section to adjust full compensation for these duties such that full compensation for these duties will equal at least 4.5% of base pay. Both parties believe that this agreement complies with the requirements of the Fair Labor Standards Act. For purposes of calculating overtime for work performed by police officers in their capacity as police officers, the reference above shall be part of the base salary rate. 11.2 It is mutually agreed that assignments to the Canine program are at the sole discretion of the City. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal from such transfer or reassignment. Nonetheless an officer shall not be punitively removed from a specialty assignment without being granted an opportunity for an administrative appeal. However, the provision of an appeal shall not create a property interest in the assignment. 11.3 Officers assigned to the Canine program shall continue in this assignment for a period of not more than five years and shall be compensated at the officer's regular rate of pay including appropriate incentive pay(s). Upon completion of the fifth year, the officer's performance shall be evaluated, along with any other submitted applications of interest for the position of Canine, for the purpose of filling the position in the program. If no other applications of interest have been submitted for the position in the Canine program, E CITY OF LODI AND POLICE OEELCERSLASSOCIATIONL�ODI — MOU the officer holding the position may be extended for a period of two more years whereupon another evaluation period, previously mentioned, shall commence. (The City reserves the right to conduct annual evaluations on Canine Officers.) ARTICLE XII - POLICE CORPORALS 12.1 Corporals shall wear the insignia (two stripes) currently in use for the Field Training Officer and they shall receive an allowance equal to 6.0% of their normal base pay. It is mutually agreed that part of the Corporal duties are those of supervision in the absence of the Sergeant. It is also mutually agreed that Corporals shall not accept, investigate, or in any form, handle any matter of discipline. ARTICLE XIII - MASTER OFFICER 13.1 POAL members who have completed 8 years of sworn service (minimum of one year of service with the City of Lodi for Laterals), who possess their Advanced POST certificate, and who have successfully passed a written examination administered by the Human Resources Division shall be paid an incentive of 3% of the employee's base salary and be designated as a Master Officer. Written examinations shall be administered in April and October each year, contingent on having qualified employees to take the examination. 13.2 Master Officers may be considered for Field Training Officer (FTO); however, the selection shall be at the sole discretion of the Police Chief. Master Officers shall be paid an incentive of 3% of the employee's base salary when assigned as an FTO. Corporals will not be eligible for this additional 3% FTO incentive. 13.3 Master Officers may be considered for Field Supervisor; however, the selection shall be at the sole discretion of the Police Chief. Master Officers shall be paid an incentive of 3% of the employee's base salary when assigned as a Field Supervisor. Corporals will not be eligible for this additional 3% Field Supervisor incentive. ARTICLE XIV - SPECIAL ASSIGNMENT PAY 10 MM 9901MIM11 )RERM[e]."C40 " a u 14.1 Officers assigned to Investigations and SWAT shall receive an allowance equal to 4.5% of their normal base pay. It is mutually agreed that assignments to Investigations and SWAT are at the sole discretion of the City. No officer has any property rights to such assignments. Officers in such positions acknowledge, as does the POAL, that officers may be transferred or reassigned from their position on a non -punitive basis and that they have no right to appeal from such transfer or reassignment. Nonetheless an officer shall not be punitively removed from a specialty assignment without being granted an opportunity for an administrative appeal. However, the provision of an appeal shall not create a property interest in the assignment. ARTICLE XV - CALL BACK 15.1 Officers called to appear for work within two hours of the beginning of a shift, or one hour after the shift, shall receive overtime at the rate of time and one-half. Such appearances shall be reported as contiguous shift extensions. If the appearance begins more than two hours before or more than one hour after the scheduled shift, the employee will be credited a minimum of three hours at the time and one-half rate. When an officer is ordered back to work on an "as soon as possible" basis and reports within thirty minutes, the officer shall be compensated from the time of the call. 11 CITY OF LODI AND POLICE OFFICERS' ASCI,TWYOF LODE- MQU ARTICLE XVI - COURT TIME 16.1 Police Officers scheduled to make court appearances during off-duty hours, on scheduled days off, or when on graveyard shift, shall be compensated at the rate of time and one- half for actual hours involved in such appearances. In no event shall they be paid for less than four hours. 16.2 Court appearances which are within two hours of the beginning of a shift or within one hour of the end of the shift shall be compensated at the time and one-half rate. Such appearances shall be reported as contiguous shift extensions. 16.3 Cancellation of scheduled appearance must be made at least two hours before said scheduled appearance or the minimum four hours shall be paid. 16.4 Officers who receive a subpoena to appear in court, shall notify the Watch Commander of the appearance date and time in order to provide the Watch Commander time to review the schedule to determine if rest period time is required, or additional staff will be needed. ARTICLE XVII - ADDITIONAL COMPENSATION/LOYALTY PROGRAM 17.1 After completing ten years of service with the Lodi Police Department, employees shall receive an annual loyalty compensation amount of $1,500 in November of the year following completion of ten years of service and each year thereafter until completing twenty years of service with the Lodi Police Department. Employees who have completed twenty years of service with the Lodi Police Department will receive an annual loyalty compensation amount of $3,000 on November of the year following completion of twenty full years of service and each year thereafter. For the purposes of this article, all employees who as of October 31 St meet the service level requirements (either ten full years or twenty full years from the first day of the month in which they started their employment with the City of Lodi Police Department) shall receive the loyalty compensation associated with their years of service with the Lodi Police Department. The Incentive in this Article is limited to employees hired prior to July 10, 2012. 12 TY OF LODI AND POLICE OFFICERS' ASSOCIATION OF LODI-M€ U ARTICLE XVIII - UNIFORM ALLOWANCE 18.1 The uniform allowance shall be $950 annually paid bi-weekly in the employee's normal payroll check. 18.2 The City agrees to pay a sum of $1,200 to offset the initial uniform and equipment costs required for a Motor Officer and to pay an additional $800 annual uniform allowance for those officers assigned to Motors, paid bi-weekly in the employee's normal payroll check. 18.3 If a Motor Officer fails to complete an 18 -month assignment he/she agrees to reimburse the City on a prorated basis for each month not completed. If he/she is relieved for lack of performance before the minimum 18 months, he/she shall also reimburse the City on the same prorated basis. If he/she completes the 18 -month assignment the equipment becomes the officer's sole possession. 18.4 The City agrees to provide each officer a set of "Threat Level 3-A" body armor. When an employee is on patrol he/she agrees to wear his/her body armor. a. In that the City and POAL agree that officer safety is paramount, the City agrees to replace all ballistic vests prior to the end of the fifth year from the date of manufacture. b. The City agrees to furnish each officer an SL -20 flashlight by Streamlight. The City agrees to exchange the flashlight battery and flashlight bulb upon request, but no more often than once in any twelve-month period. 18.5 Uniforms and safety equipment damaged in the line of duty shall be replaced or repaired by the City. 18.6 Upon appointment to the classification of Police Officer or Police Officer Trainee, the individual will be given an amount equal to the annual uniform allowance for the sole purpose of purchasing City approved uniforms and equipment. The employee will not receive a bi-weekly uniform allowance until after 12 months of employment. 13 If the employee's employment is terminated for whatever reason during the first 12 months of employment, the entire uniform allotment will be deducted from the employee's severance pay. 18.7 If an employee is terminated, all remaining bi-weekly uniform allowance payments will be forfeited as of the termination date. 18.8 The City and POAL will continue to work together on the concept of a Quarter Master uniform program and if mutually agreeable the program may be implemented through a side -letter agreement or contract amendment. ARTICLE XIX - RESERVED CHAPTER 2 - LEAVES ARTICLE XX- CATASTROPHIC LEAVE 20.1 Catastrophic Leave is available to employees in accordance with the City's current Catastrophic Leave of policy. ARTICLE XXI - FAMILY MEDICAL LEAVE 21.1 Family Medical Leave is available to employees in accordance with the City's current Family Medical Leave policy. 14 ARTICLE XXII - BEREAVEMENT LEAVE 22.1 Bereavement Leave is available to employees in accordance with the City's current Bereavement Leave policy. ARTICLE XXIII - HOLIDAYS 23.1 Effective January 1 of each year, each represented member of the POAL shall receive 135 hours of holiday leave which may be taken on any day of the week depending on the needs of the service. Holiday Leave may be taken in hourly increments. 23.2 Police Officers assigned to patrol shall pick holidays by seniority, in one -shift increments, depending on the needs of the service. There shall be no fixed holidays during the year with the exception that the current practice of Thanksgiving, Christmas, and New Year's holidays be fixed (i.e. - the actual date on which the holiday falls is recognized and therefore taken) for officers assigned to Motors shall be continued. Employees hired or separating from service mid -year shall be credited with holiday leave on a prorated basis with the exception that the three holidays fixed for Motor Officers shall not be prorated. 23.3 Officers assigned to Investigations shall observe the following holiday schedule, unless the needs of the department dictate otherwise: New Year's Day Martin Luther King, Jr. Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Afternoon of Christmas Eve Christmas January 1 3`d Monday in January 3`d Monday in February Last Monday in May July 4 1" Monday in September 4t4 Thursday in November Friday following Thanksgiving half day on December 24 December 25 If one of these days falls on a Saturday, the preceding Friday shall be observed, and if one of these days falls on Sunday, the succeeding Monday shall be observed. Officers may use their remaining holiday leave at a time mutually agreeable to the officer and his/her supervisor. 15 In lieu of the holiday schedule set forth above, effective January 1, 2019, all bargaining unit members, regardless of assignment, shall receive 135 hours of holiday leave which may be taken on any day based on the needs of the Department as determined by the Chief or designee. 23.4 Bargaining unit members shall be allowed to cash out holiday time in April and October. If holiday time is not used by the end of the calendar year, it will be cashed out to the employee. Holiday time cashed out shall be paid at the employee's regular rate of pay. ARTICLE XXIV - LEAVES OF ABSENCE 24.1 Leaves of Absence are available to employees in accordance with the City's current Leave of Absence policy. ARTICLE XXV - SICK LEAVE 25.1 The objective of this section is to provide methods of furthering the health and general welfare of City employees, as well as ensuring maximum and reasonable job attendance. Sick leave should not be viewed as a right to be used at the employee's discretion, rather it is a benefit of paid time away from the work duties in the event of one of the following circumstances: a. Actual illness or injury of the employee. b. Medical or dental appointments of employee, or employee's immediate family members, when such appointments cannot be arranged during off-duty hours, and when the employee's family member is incapable of independently attending such appointments. C. Where the employee's medical attention to an immediate family member is required. d. Emergency leave to the death or imminent death of family members. 25.2 Effective the pay period beginning October 25, 2004, all employees shall accumulate sick leave at the rate of 5.54 hours per pay period (144 hours per year). 25.3 Sick leave may be accumulated to an unlimited amount. ARTICLE XXVI - VACATION LEAVE 26.1 Vacation accruals shall be as follows: 0-5 years 3.08 hours per pay period 6-11 years 4.62 hours per pay period 12-14 years 5.24 hours per pay period 15-20 years 6.16 hours per pay period 21 years 6.47 hours per pay period 22 years 6.78 hours per pay period 23 years 7.09 hours per pay period 24 years 7.40 hours per pay period 25 years 7.71 hours per pay period 26.2 During the first continuous 12 months of employment, vacation days shall be earned but may not be taken. An employee who terminates employment for any reason during the first 12 months of employment shall be entitled to cash out of accrued and unused vacation leave. 26.3 At the completion of 12 continuous months of employment, the employee is eligible to take his/her accrued vacation leave in accordance with department policy. 26.4 The maximum amount of unused vacation hours that an employee may accrue, at any given time is twice the employee's annual vacation entitlement. Whenever an employee's unused, accrued vacation has reached this maximum accrual amount, the employee shall stop accruing any additional vacation. Accrual will automatically resume once the employee uses some vacation and the accrual balance falls below the maximum accrual amount. Under extenuating circumstances, requests to accrue vacation leave over the maximum may be authorized by the City Manager. For all other issues regarding Vacation Leave refer to the City's Policy on Vacation Leave. 26.5 All persons hired after October 10, 1994, shall only accrue a maximum of 6.16 hours of vacation per pay period. 26.6 Employees shall be eligible to annually cash out all accrued vacation hours in excess of 80 hours in October of the calendar year. ARTICLE XXVII - MISCELLANEOUS LEAVE 27.1 Upon adoption of this MOU, the City agrees to create a special leave bank of eighty (80) hours of non-cashable leave. All leave must be used by December 31, 2019 or it will be 17 CITY OF LODI AND POLICE OFFICERS' 1.8�QU1ZQNL4F L�ODI- MOU. forfeited. These leave hours are separate from all other leave hours and shall not affect any maximum accrual hours of any other leave banks. The provisions in this paragraph sunset on December 31, 2019. CHAPTER 3 - INSURANCE BENEFITS & RETIREMENT ARTICLE XXVIII - CAFETERIA PLAN 28.1 The City intends to propose a cafeteria based benefit program that would incorporate but not be limited to Medical, Dental, Visions, Chiropractic and Life Insurance. The above terms of this Agreement will be reopened for negotiation upon the City's presentation of a draft plan. The City 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. ARTICLE XXIX - CHIROPRACTIC INSURANCE 29.1 Chiropractic services may be received by employees and dependents. This benefit allows up to a maximum of 40 visits per calendar year. Co -payments for services are $10.00. ARTICLE XXX - DENTAL INSURANCE 30.1 The City agrees to provide a dental plan equivalent to the Stanislaus Foundation for Medical Care dental plan (group number 5110) to all employees and their eligible dependents. The City reserves the right to select any dental administrator. 30.2 The City shall pay the full cost of the dental premium for the employee and one-half the premium for eligible dependents for the term of this agreement. ARTICLE XXXI - FLEXIBLE SPENDING ACCOUNT 31.1 Members of this unit are eligible to participate in the City's Flexible Spending Account Program which allows employees to pay for unreimbursed medical costs, insurance premiums, and child care costs to be paid with pre -taxed dollars. Effective in plan year 2018, the Medical Flexible Spending Account (FSA) will include a carryover provision which allows an active participant to automatically carryover up to $500 to the new plan 18 ■ _i■ � / '■ ■ ■ ■i ■ ■■ ori year. However, amounts over $500 would be forfeited after the final filing date, as set by the program, if left unclaimed. ARTICLE XXXII - VISION INSURANCE 32.1 The City agrees to provide, at its expense, a Vision Care Plan equivalent to the VSP Plan B with a $25.00 deductible for employee and eligible dependents. The entire premium shall be paid by the City. The City reserves the right to select any vision carrier. ARTICLE XXXIII- MEDICAL INSURANCE 33.1 The City shall offer medical insurance equivalent to the CaIPERS Health Program. If no equal alternative is readily available, the City and the POAL will meet to negotiate alternatives promptly. To the extent the provider discontinues or changes the medical plan coverage, these changes are not the responsibility of the City. The City shall however, make every effort to retain the medical plan as agreed to by the POAL and City. 33.2 All employees are offered medical insurance for themselves and eligible dependents through CalPERS medical plans. If an employee waives medical insurance through the City, 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. Effective January 1, 2018, City will pay a maximum of the following for each family category: $1,794.51 per month for Family $1,380.39 per month for Employee + 1 $690.20 per month for Employee Only If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. POAL shall allow a number equal to half of their membership of City employees to become associate members of POAL solely to allow access to health plans not otherwise 19 CITY OI? LOBI AND POLICE OFFICERS' ASSOCIAMON OF LOBI — MOU available to non-public safety members. Associate memberships shall be allotted on a first-come, first-served basis. 33.3 Employees shall be eligible for medical insurance the first day of the month following the date the employee becomes a full-time probationary employee of the City. 33.4 Employees who retire on a service retirement shall have the option of purchasing, at the employee's cost, additional medical insurance sufficient to reach age 65. 33.5 The City will make every effort to keep the POAL informed early of changes to coverage, premiums, or policies, and will notify the POAL of any such proposed change within ten days of receiving such notice. This includes forwarding copies of supporting documents, reports and periodic satisfaction surveys to the POAL within ten days of receipt of such supporting documents, reports and periodic satisfaction surveys. ARTICLE XXXIV - RESERVED ARTICLE XXXV - DEFERRED COMPENSATION 35.1 Employees may voluntarily participate in the City of Lodi's Deferred Compensation Plan as allowed by IRS Code 457(k). 35.2 The City shall match contributions by an employee to a deferred compensation program up to a maximum 3.0% of the employee's gross salary. ARTICLE XXXVI - LIFE INSURANCE 36.1 The City agrees to provide each covered member a $50,000 accidental death policy in addition to any other life insurance policy or statutory payments that may be due to an employee in the event of death resulting from a line -of -duty injury. ARTICLE XXXVII - PUBLIC EMPLOYEES' RETIREMENT SYSTEM 37.1 The City of Lodi provides retirement benefits through the Public Employees Retirement System. Employees shall receive the following retirement benefits. The following plan is available to employees hired prior to December 22, 2012 who are deemed "classic" employees by PERS: 20 CITY OF LOBI ANOLICE OFFICERS-' ASSOCIATIONQF LoD3= MDL] Public Safety • 3% @ 50 plan • 1959 Survivors Benefit — Third Level Employee shall pay the full employee share of retirement costs (9%) as calculated by PERS in its annual actuarial valuation • Credit for Unused Sick Leave • Military Service Credit as Public Service • Single Highest Year 37.2 For employees hired after December 22, 2012 and deemed to be "classic" employees by PERS, the following retirement plan will apply: Public Safety • 3% @ 55 plan • 1959 Survivor Benefit — Third Level • Employee shall pay the full employee share of retirement costs (9%) as calculated by PERS in its annual actuarial valuation • Credit for Unused Sick Leave • Military Service Credit as Public Service • Highest Three Year Average 37.3 The City agrees to provide the following PERS retirement program and to pay the employer's cost for employees deemed to be "new" employees by PERS under the Public Employee's Pension Reform Act of 2013 (PEPRA): Public Safety • 2.7% @ 57 plan • 1959 Survivor Benefit — Third Level • Credit for Unused Sick Leave • Military Service Credit as Public Service • Highest Three Year Average • Employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation 21 CITY QE LODI AND POLICE F I ATJ_QN Q LODI — MQU ARTICLE XXXVIII - SICK LEAVE CONVERSION PROGRAM 38.1 This section applies to all employees hired prior to October 10, 1994. For all unused sick leave, a represented employee with ten years of employment with the City shall receive medical insurance coverage upon retirement (but not upon resignation or termination) on the following basis: OPTION # 1 —"Bank" Fifty percent (50%) of the dollar value of sick leave will be placed into a "bank" to be used for medical insurance premiums for the employee and dependents. For each year that an employee has been employed in excess of 10 years, two and one-half percent (2.5%) will be added to the fifty percent (50%) for valuing the size of the bank. For example: Officer Smith retires with 20 years of service and 1800 hours of sick leave. His/her monthly salary is $3,412.47 ($19.61 per hour). 1800 X.75 x $19.61 = $24,473.50 This amount will be reduced each month by the current premium for the employee and dependent until the balance is gone. In the event the retiree dies the remaining bank will be reduced by fifty percent (50%) and the survivor may use the bank until the balance is gone or may cash out the remaining balance. OPTION #2 — "Conversion" The number of accumulated hours shall be multiplied by 50% and converted to days. The City shall pay one month's premium for employee and dependents for each day after conversion. For each year of employment in excess of 10 years, 2.5% shall be added to the 50% before conversion. The amount of premium paid shall be the same as the premium paid by the City at the time of retirement, subject to the cap shown in Section 33.2 of this MOU. Any differences created by an increase in premiums must be paid for by the employee. For example: 22 [�lMllJ�lL11�1• � ' ��1�[4J�����1;��'L+I��.LI'►CI�S�]1�►'C�1�J Officer Smith retires with 25 years of service and 1800 hours of unused sick leave: Sick Leave Hours — 1800 divided by 8(coverage factor)=225 225 times 87.5 (% of coverage)=196.88 196 divided by 12(yrs) = 16.4 total years of coverage OPTION #3 — "Service Credit" Employees may elect to add PERS credit for unused sick leave per Government Code Section 20868.8. This benefit is available to all employees regardless of the date hired; however, it is the only sick leave conversion benefit available to employees hired after October 10, 1994. It is agreed that eight hours equals one day for purposes of determining days creditable. If an eligible employee opts to utilize the provisions of Section 38.1, the City will report they have zero hours of unused sick leave. 38.2 In the event an active employee dies before retirement and that employee is vested in the sick leave conversion program (10 years) the surviving dependents have an interest in one-half the value of the bank as calculated in option #1. 38.3 In accordance with the sick leave conversion provisions, a surviving spouse may at his/her own expense, continue medical insurance at the employee only premium for the same period as if the employee had not died. 38.4 Out of area retirees may receive reimbursement for medical insurance premiums up to the City's liability as specified in Section 38.1 of this Article. ARTICLE XXXIX - SURVIVORS BENEFITS 39.1 The City shall pay 100% of the premiums for health and dental benefits described in this MOU for the surviving spouse and any minor children of any member of the POAL who is killed or dies during the performance of official duties. Premiums will be paid at the current rate in effect at the time of the member's death. Premiums will continue to be paid by the City until such time as the surviving spouse is covered by other insurance or remarries, and for dependent children of the member killed in the line of duty until such time as either: (1) the children become adults, or 23 CITY OF LODI AND POLLS OFFICERS' AS50CIATION OF LODE - j�!JO (2) the children are covered under other alternative medical coverage provided by and through the surviving spouse or the person who he/she remarries. 39.2 Survivor benefits (listed in 4856 of the California Labor Code) do not apply to Police Officer Trainee until such time that he/she is sworn pursuant to Article 20, Section 3 39.3 Disability benefits (listed in 4850 of the California Labor Code) shall not apply to until such time that he/she is sworn pursuant to Article 20, Section 3. ARTICLE XL - TUITION REIMBURSEMENT 40.1 Tuition Reimbursement is available to employees in accordance with the City's current Tuition Reimbursement policy CHAPTER 4 - ASSOCIATION/CITY ISSUES ARTICLE XLI - ASSOCIATION TIME 41.1 Individual bargaining unit members may donate from their accrued vacation leave, holiday leave, or compensatory time off up to a total of 800 hours per calendar year for Association business directly related to representation of Lodi Police Officers. The President of the POAL may designate members of the Association to utilize this time. Only one member at a time may be absent unless mutually agreed that additional members may be absent. Five days advance notice of use of time shall be given. The time may be used only in hourly increments with a two-hour minimum. 41.2 The POAL has the right to purchase additional time at the rate of 150% of base pay. 41.3 Except in cases of an emergency, the President of the POAL shall be granted one day per week wherein half of one day's shift per week may be used for the performance of the duties of the office of President of the POAL. This time shall be scheduled at a time mutually agreed upon between the POAL President and the Police Chief or his designee. Such time shall be charged to the Association time bank. ARTICLE XLH - BENEFICIAL PAY PRACTICE 24 CITY OF LODI AM POLICE OFFICERS' ASSOCIATION OF LODL---M-QU 42.1 If the department, in its sole discretion, wishes to implement a new beneficial pay practice, it will notify the POAL and provide an opportunity to meet and confer. ARTICLE XLIII - CHANGES IN THE MEMORANDUM OF UNDERSTANDING 43.1 The City and the POAL agree to reopen this MOU and to renew Meeting and Conferring on the subjects set forth herein during the term of this MOU in the event that any provision of this MOU is modified by statute or by a competent order of a court in such a way as to affect either the employees or the City. In such event, all remaining provisions of the MOU shall continue in full force and effect unless and until they are also modified by statute or competent order of a court or agreement of the City and the POAL. ARTICLE XLIV - CITY RIGHTS 44.1 It is further understood and agreed between the parties that nothing contained in this MOU shall be construed to waive or reduce any rights of the City, which include but are not limited to, the exclusive rights to: • Determine the mission of its constituent departments, commissions, and boards. • Set standards of service. • Determine the procedures and standards of selection for employment. • Direct its employees. • Maintain the efficiency of governmental operations. • Determine the methods, means, and personnel by which government operations are conducted. • Take all necessary actions to carry out its mission in emergencies. • Exercise complete control and discretion and the technology of performing its work. City rights also include the right to determine the procedures and standards of selection for promotion, to relieve employees from duty because of lack of work or other legitimate reasons, to make and enforce standards of conduct and discipline, and to determine the content of job classifications; provided, however, that nothing herein may be read to extend the term of the MOU nor to supplement negotiations as a means for arriving at terms for a successor MOU. ARTICLE XLV - CONCERTED ACTIVITIES 25 CITY OF LODI A 0 POLICE OFFICERS' ASSOCIATION .OF WDI — MDU 45.1 The POAL and employees agree that they will not engage in any strike, sympathy strike, slowdowns, work to rule, "blue flu", or other concerted withholding of services. In the event of any such activity, the POAL will take any such activity to a cessation immediately. The association and all employees covered by this agreement acknowledge that any such activity by employees covered by this agreement is misconduct which may lead to discipline up to termination. ARTICLE XLVI - EMPLOYEE REPRESENTATION 46.1 This Memorandum of Understanding (MOU) is entered into between representatives of the City of Lodi (City) and representatives of the Police Officers' Association of Lodi (POAL). The parties hereto acknowledge and agree that this MOU constitutes the result of meeting and conferring in good faith as contemplated by Section 3500 et seq. of the Government Code of the State of California, and further acknowledge and agree that all matters upon which the parties reached agreement are set forth herein. Both parties each certify without reservation that an adequate opportunity has been afforded its bargaining representatives to propose and vigorously advocate all negotiable subject matter during the course of collective negotiations preparatory to signing this agreement. City will meet and confer before changing a policy or general order that is subject to meet and confer under the Meyers-Milias-Brown Act. The terms and conditions of this MOU are applicable to Police Officer Trainee, Police Officer and Police Corporal. It is mutually agreed that this document supersedes all previous MOU's and all practices not defined in this MOU. The terms and conditions of this MOU shall continue in effect during the term of this MOU, The City and the POAL agree and understand that if any section of this MOU in any way conflicts with the terms and conditions of employment stated in other authorities, such as personnel rules, administrative policy and procedure manual, City resolutions, or City ordinances, any ambiguity will be resolved in favor of the MOU language. If the MOU is 26 11 �41411 silent on an issue, the applicable document (i.e. policy manual or rules for personnel administration) is controlling. State and Federal laws will be adhered to. 46.2 The City and the POAL mutually agree that the City shall grant dues deduction to City employees who are members of the POAL in accordance with the terms and conditions set forth in Section 4, Rule 2 of City of Lodi Resolution No. 3344 entitled "Adopting Rules and Regulations to Implement Provisions of the Employee -Employer Relations Resolution." The POAL shall indemnify, defend, and hold the City harmless against any claims made and against any suit instituted against the City on account of check -off of said employee organization's dues. In addition, the POAL shall refund to the City any amounts paid to it in error upon presentation of supporting evidence. An authorization for payroll deductions may be canceled or modified upon written notice to the City and the Association before the 20th day of the month in which the cancellation is to become effective, subject to the provisions of this article. Any dues check -off cancellation or modification notice shall first be forwarded to the POAL for notation and then returned to Payroll prior to any change in a members dues check -off. 46.3 The City shall make available a period of one hour to the association in each recruit class with an end toward education of each employee of the rights and benefits under the collective bargaining agreement, as well as other association benefits, and the responsibilities of the employee and the organization of the association with an end toward having an employee who would become a better association member and a better employee. 46.4 All new hires in the classification of Police Officer Trainee shall remain in this category until they have completed their field training program and have been certified to work as a Police Officer. 46.5 For purposes of continued certification of the POAL as the recognized employee organization for this unit, employees who are members or hereafter become members shall maintain membership with the POAL for the life of this MOU except that any unit employee may withdraw from membership not earlier than ninety days nor less than sixty days before the expiration of this MOU. Such withdrawal must be in writing and delivered to the POAL. A copy of the request shall be forwarded to the Finance Department upon receipt by the POAL. 27 CIT .nnT AND POLICE OFFICERS' ASSOCIATION OF LODI - MOCK 46.6 The City agrees to recognize the POAL representatives for the purpose of representing members of the POAL on all matters relating to the administration of this MOU, and, upon the request of an employee, on adverse actions and other matters which may be or are on appeal in accordance with Article XLVII of this MOU. ARTICLE XLVII - EMPLOYEE RIGHTS 47.1 The City agrees that all disciplinary actions shall be taken in a timely manner, recognizing that imposing discipline, grieving such discipline, investigations, and criminal proceedings may preclude timely action. This process also includes investigations of the complaint, recommending discipline to the office of the Police Chief, and the imposition of discipline. 47.2 The POAL retains the right to provide representation for employees in the classification of Police Officer Trainee, though it is acknowledged that prior to being sworn pursuant to Article 20, Section 3, that the Police Officers Procedural Bill of Rights is not applicable to those employees. The City and its employees agree that disciplinary actions involving employees in the classification of Police Officer Trainee, prior to being sworn, will continue to be handled in a manner consistent with other member of this bargaining unit. 47.3 It is understood by both parties that the POAL, in addition to any other rights herein specified, has the following rights: 1. To represent its members before the City regarding wages, hours, and other terms and conditions of employment. 2. To receive timely written notice of changes to or adoption of any rule or regulation directly relating to wages, hours and other terms and conditions of employment. 3. With an employee's written consent, an authorized POAL representative shall be permitted, upon request, to inspect the employee's official departmental personnel file during normal business hours. Such review shall not interfere with normal business of the Department. The City agrees to recognize the POAL representatives for the purpose of representing employees on all matters relating to the administration of this MOU; and, upon the 28 request of an employee on adverse actions and other matters which may be or are on appeal in accordance with Article XLVI of this MOU. 47.4 The City agrees to provide each represented employee with copies of special orders, general orders, training bulletins, departmental rules and regulations, and a copy of this MOU. 47.5 The City agrees not to interfere or in any way discriminate against an employee for exercising his/her right to belong to an employee organization or to exercise his/her rights under this MOU. The POAL similarly agrees that it will not interfere with or discriminate against employees for exercising rights to belong or refrain from belonging to, supporting, or participating in the activities of an employee organization. 47.6 Both the City and the POAL agree that no employee shall be subjected to any discrimination by the City or fellow employees in any matter relating to hiring, promotion, assignment, wages, or conditions of employment because of age, sex, creed, color, or national origin. Alleged discriminatory acts are subject to the City's Policy and Procedure regarding Discrimination, not the grievance procedure. ARTICLE XLVIII - GRIEVANCE PROCEDURE 48.1 Intent and definitions of this section: a. This grievance procedure shall be used to process and resolve disputes regarding the interpretation or application of any of the terms and conditions of this MOU, Letters of Understanding, and formal interpretations and clarifications executed by the POAL and the City. b. The intent of this procedure is to resolve grievances informally at the lowest possible level and to provide an orderly procedure for reviewing and resolving grievances promptly. C. A grievance is a good faith complaint of one or a group of employees or a dispute between the City and the POAL involving the interpretation, application, or enforcement of the express terms of this MOU and other terms and conditions of employment and matters of discipline. d. As used in this procedure, the term "party" means an employee, the POAL, the City, or their authorized representatives. The employee is entitled to representation through all the steps in the procedure. 29 e. As used in this procedure the term "working days" refers to Monday through Friday, excluding City -recognized holidays. 48.2 Grievance Procedure A. Grievances in General. An employee, individually or in representation of a group of employees, may complain to City management through the grievance procedure regarding any matter relating to that employee's wages, hours, or conditions of employment. A grievance may be either formal or informal. An informal grievance is a prerequisite to filing a formal grievance. B. Informal Grievance. An employee, individually or in representation of a group of employees, with a grievance shall first discuss the matter with his or her immediate supervisor within ten (10) working days of the matter complained of. The supervisor and the employee shall attempt to informally resolve the dispute. If this is not accomplished, the employee shall next discuss the matter with the next level of supervision within ten (10) working days of the unsuccessful discussion and so on, until the employee reaches the Police Chief. The decision of the Police Chief regarding an informal grievance shall be final unless the employee files a formal grievance. A request for the grievance to be presented in writing may be made at any supervisory level and shall be made prior to filing a formal grievance. C. Formal Grievance 1. An employee, individually or in representation of a group of employees, who has a grievance which remains unresolved after utilizing the informal grievance procedure may file a formal grievance in writing. The employee shall file a formal written grievance with the City Manager or designee within ten (10) working days after the final decision on the informal grievance. The formal grievance shall contain all relevant information relating to the grievance which the employee wishes the City Manager to consider. The City Manager or designee shall meet with and respond in writing to the employee within ten (10) working days of the receipt of the grievance. 30 CITY OF LODI AND POLICE OFFICERS' ASS )CIATION OF LDDI -MW 2. A grievance may be appealed to arbitration. Only the POAL may appeal to arbitration, and must notify the City within ten (10) working days after the decision of the City Manager. 3. Selection of Arbitrator. Within ten (10) working days after the request for arbitration is received by the City or at a date mutually agreed to by the parties, the parties shall meet to select an impartial arbitrator. If no agreement is reached, the parties shall immediately and jointly request a panel of five arbitrators from the State Conciliation and Mediation Service and shall alternately strike names until one name remains. The order of striking shall be determined by lot. 48.3 Discipline A. Discipline in Geineral. Causes for disciplinary action are specified in the Rules for Personnel Administration (RPA) and the Department's policy manual. Disciplinary action includes but is not limited to written reprimands, demotion, suspension, or discharge of the employee. The causes cited in the RPA and policy manual are for both specific and exemplary reasons to alert employees to the more commonplace types of disciplinary issues. However, because conditions of human conduct are unpredictable, there may arise instances of unacceptable behavior not included in the written list of causes, in which the City may find it necessary and appropriate to initiate disciplinary action. B. Right of Appeal 1. Any employee shall have the right to appeal an EPO to the Division Commander (or Police Chief if issued by Division Commander). Any employee shall have the right to appeal a written reprimand through the chain of command up to the Police Chief or his designee. The decision of the Police Chief is final and binding and not subject to further appeal. The appeal process timeline is as specified in #2a and #2b. 2. Any employee in the POAL bargaining unit shall have the right to appeal disciplinary action above a written reprimand as follows: a. An employee must submit, in writing, to the Division Commander the appeal, clearly stating the basis and requested action within ten (10) working days after receiving the notice of discipline. The decision of 31 CITY OF LODI AND POLICE OFFICru';pa5 CI TION F L D the Division Commander will be issued within ten (10) working days of receipt of appeal. b. The Division Commander's decision may be appealed to the Police Chief or his designee by filing in writing within ten (10) working days after issuance. The Police Chief will schedule a meeting with the employee and hear all evidence germane to the dispute. Thereafter, the Police Chief will decide the matter within ten (10) working days. C. The Police Chief's decision may be appealed to the City Manager or his designee by filing in writing within ten (10) working days after issuance. The City Manager will respond in writing within ten (10) working days of receipt of the appeal. d. The City Manager's decision may be submitted to arbitration as the final level of appeal for disciplinary action. Only the association may appeal to arbitration and must notify the City within ten (10) working days of the date of notice from the City Manager. C. Conductof Appeal Process 1. Failure by either party to meet the established time limits will result in forfeiture by the failing party. Grievance settled by forfeiture shall not bind either party to an interpretation of this MOU, nor shall such settlements be cited by either party as evidence in the settlement of subsequent grievances. 2. The time limits specified may be extended by mutual agreement between the parties. D. Arbitration Process Guidelines To insure that the arbitration process is as brief and economical as possible, the following guidelines shall be adhered to: a. An arbitrator may, upon mutual consent of the parties, issue a decision, opinion, or award orally upon submission of the arbitration. 32 LTJYl1'I�l��Lr]ramM1r] as] #(41 pro] 210my IM►[*]26181PIM MR b. Both parties and the arbitrator may tape record the hearing. C. There shall be no official transcript required; however, either party may utilize a court reporter at its own sole expense. The cost of a court reporter required by an arbitrator shall be shared equally by the parties. d. In grievance arbitration, the parties may agree to prepare a joint letter submitting the issue in dispute. The letter shall present the matter on which arbitration is sought and shall outline the MOU provisions governing the arbitration. It may contain mutually agreed on stipulations of fact and it may be accompanied by any documents that the parties mutually agree shall be submitted to the arbitrator in advance of the hearing which may not necessarily be stipulations of fact. Further, if the parties mutually agree, the entire matter may be submitted to arbitration for review without a hearing. Absent agreement to prepare a joint letter, the parties may submit separate letters. e. The strict rules of evidence are not applicable and the hearing shall be informal. f. The parties have the right to present and cross-examine witnesses, issue opening and closing statements, and file written closing briefs. Testimony shall be under oath or affirmation. g. The arbitrator may exclude testimony or evidence which he/she determines irrelevant or unduly repetitious. h. Attendance at a hearing shall be limited to those determined by the arbitrator to have a direct connection with the appeal. Witnesses normally would be present at the hearing only while testifying and should be permitted to testify only in the presence of the employee or his/her representatives and the employer's representatives. The arbitration hearing will be held on the employer's premises. j. The cost of arbitration shall be borne equally by the parties. However, the cost, if any, of cancellation or postponement shall be the financial responsibility of the party requesting such delay unless mutually agreed by the parties. The decision, opinion, or award shall be based on the record developed by the parties before and during the hearing. The decision will be in writing and it shall contain the crucial reasons supporting the decision and award. 33 CITY OF LODI AND POLICE OFFICERSLM,$DC.tATM QF LODI - MDU The arbitrator has no power to add to, subtract from, or modify the terms of the MOU or the written ordinances, resolutions, rules, regulations, and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this MOU. The arbitrator shall be without power or authority to make any decision that requires the City or management to do an act prohibited by law. The arbitrator has no power to add to a disciplinary action. The arbitrator's decision shall be final, binding, and precedential and the arbitrator's decision shall possess the authority to make an employee whole to the extent such remedy is not limited by law, including the authority to award back pay, reinstatement, retroactive promotion where appropriate, and to issue an order to expunge the record of all references to a disciplinary action if appropriate. The arbitrator shall have the authority to make all arbitrability and/or grievability determinations. The arbitrator shall make grievability and/or arbitrability determinations prior to addressing the merits of the case. By filing a grievance or appealing a disciplinary action to arbitration, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than is provided by this grievance/arbitration procedure. The processing of a grievance to arbitration shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction. ARTICLE XLIX - LAYOFF PROCEDURE 49.1 In the event that reductions in rank or layoffs of Police Unit personnel are necessary, the following procedure shall be followed: a. Any reduction in rank shall be based entirely on seniority. The employee having the least classification seniority shall be reduced first and transferred to the next lower classification to which he/she previously worked. 34 D POLICE FFICER _QELO.DI — MOLI b. If an employee is reduced in rank he/she shall not be laid off until all other employees of similar rank to which he/she was reduced have been laid off (i.e., if a Police Sergeant is reduced in rank to Police Officer, he/she must then be the last Police Officer to be laid off, regardless of the seniority of the other Police Officers). C. All layoffs of Police personnel within the seniority span of service shall be by merit (at the discretion of the City Manager upon the recommendation of the Police Chief). The seniority spans of service are as follows: 1) All Police Officer Trainees based on seniority; then 2) All Police Officers on probation (one-year period); 3) All personnel with less than two years seniority; then 4) All personnel with two to three years seniority; then 5) All personnel with three to six years seniority; then 6) Personnel with more than six years shall be laid off by seniority. Before any employee of a higher seniority group is laid off, all persons in the junior group must be laid off first. d. Reinstatement shall be in reverse order of layoff or reduction in rank (i.e., the last Police Officer to be laid off would be first Police Officer reinstated.) ARTICLE L - PROBA'.rIONARY PERIOD 50.1 During the probationary period, the probationary employee shall be entitled to sick leave benefits. Employees shall be eligible to be considered for a merit increase upon the successful completion of probation. Nothing herein shall be deemed to alter the terms or conditions of the probationary period following promotion. ARTICLE LI - PROMOTIONAL EXAMINATIONS 51.1 The certification process on promotional examinations for positions represented in this bargaining unit (Police Corporal) will be as follows: 1. For one vacancy, the top five highest scoring applicants will be certified to the Police Chief for a hiring interview. 35 2. In the event of more than one vacancy at the same time, two additional names will be certified for each additional vacancy. For example, if there are two vacancies, seven (7) names shall be certified, three (3) vacancies, nine (9) names, etc. 3. It is understood and agreed that the Police Chief has the sole right to select any of the certified applicants in compliance with the Rules for Personnel Administration and applicable law. ARTICLE LII - SEVERABILITY 52.1 In the event that any provision of this MOU is found by a court of competent jurisdiction to be invalid, all other provisions shall be severable and shall continue in full force and effect. ARTICLE LIII - TERM 53.1 The terms and conditions of this MOU shall continue in effect during the term of this MOU. The City of Lodi and POAL agree that the term is January 1, 2018 through June 30, 2019. 53.2 The POAL and City mutually agree to commence negotiations for a new contract no later than three (3) months prior to the expiration of this MOU. 36 CI1Y_0TLODI AND POLICE OFFICERS' AS-S2CIATION OE LODI -.MCU POLICE OFFICERS' ASSOCIATION OF LODI CITY OF LODI Adam Lockie, President Negotiator Date Dominic Carillo, Vice President Negotiator Date MASTAGNI HOLSTEDT Et Al Jerry Camous, Labor Relations Consultant Date 37 Stephen Schwabauer, City Manager Date Andrew Keys, Deputy City Manager Date Adele Post, Human Resources Manager Date APPROVED AS TO FORM: Janice D. Magdich, City Attorney Date ATTEST: Jennifer M. Ferraiolo, City Clerk EXHIBIT A Annual Salary Effective January 1, 2017 JOB TITLE UBOM STEP 0 STEEP 1 STEP,z STEP 11 57IEP4 POLICE OFFICER TRAINEE 6200 $ 58,803.98 $ 61,744.14 $ 64,831.41 $ 68,072.99 $ 71,476.60 POLICE OFFICER 6210 $ 68,094.99 $ 71,499.76 $ 75,074.77 $ 78,828.55 $ 82,769.94 POLICE CORPORAL 6220 $ 72,180.66 $ 75,789.76 $ 79,579.28 $ 83,558.22 $ 87,736.09