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Home My WebLink AboutAgenda Report - August 21, 2019 H-02AGENDA ITEN'I t{-2 Grrv or Loor Gou ncr l CorvrM u N rcATroN TM AGENDA TITLE: MEETING DATE: SUBMITTED BY: Adopt Resolution Approving the Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the Period July 1 , 2019 through June 30,2022 August 21,2019 Human Resources Manager RECOMMENDED ACTION BACKGROUN D INFORMATION Adopt resolution approving the Memorandum of Understanding between the City of Lodi and the Lodi Police Dispatchers Association for the period July 1 ,2019 through June 30, 2022. Representatives from the City and Lodi Police Dispatchers Associations (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. A summary of the key changes to the MOU are as follows. . The term of the MOU shall be from July 1,2019 through June 30, 2022.. Eleven percent (11Yo) salary adjustment over the term of the contract as follows:o Five percent (5%) effective the first full pay period after Council approval.o Three percent (3.0%) effective the first full pay period in July 2020.o Three percent (3.0%) effective the first full pay period July 2021.o Longevity pay of $1,500 annually for ten (10) years of service and $3,000 for twenty (20) years of service for employees hired July 10,2012 and thereafter. Both the City and LPDA recognize the need to offer competitive salary and benefit packages to attract and retain talented employees. Lodi Police Department (LPD) operates a jail facility which is operated by Dispatcher/Jailers. The Dispatcher/Jailer performs detention functions in addition to their strenuous positions as 911/Emergency Dispatchers. Coupled with increasingly complex jail regulations and mandates governing detention in general, the job performed by LPDA members has become increasingly challenging and is subject to litigation. While the City desires to maintain fiscally sustainable operations, the community deserves and demands a fully staffed and capable work force to perform dispatching and detention functions. The salary and benefit enhancements in this contract are costly and financed by reserves. However, they are essential to ensure Lodi citizens have the public safety employees necessary to perform these critical duties. Staff recommends that the Council approve the MOU between the City and LPDA. The total long term annual cost of the proposed agreement is $210,000 The total cost of the term of the agreement is $444,000 as shown below. FISCAL IMPACT: APPROVE en Schwa , City Manager FUNDING AVAILABLE Attachment Fiscal Year 2O19l2O $87,000 Fiscal Year 2O2Ol21 $147,000 Fiscal Year 2021122 $210,000 Total Cost (3 years)$444,000 Budget adjustments for these increases will be needed at Mid Year Fiscal Year 2019120. Vacancy savings are the first source for funding the increases for this and future employee contract changes in the coming Fiscal Year. These savings have been significant in the past three years allowing the City to build up substantial reserves. These reserves will be necessary to finance a large portion of the salary increases. Staff will first seek to prioritize Pension Stabilization Reserves held at PARS to pay eligible pension costs in order to preserve locally held economic and catastrophic reserves should actual reserves be needed. Staff will seek Council input prior to any use of reserves. Staff expects the City's locally held General Fund balance to drop below 160/o at the close of Fiscal Year 2019120. This would require utilizing Pension Stabilization resources to fund the UAL payment in part in Fiscal Year 2020121. Post, Human Resources Manager Andrew Keys City Manager LODr POLTCE DTSPATCHERS ASSOCTATTON _ MOU _ JULY t, 2019 JAèRJA&å¿+',0]a _ JUNE 30,20ry+9 MEMORANDUM OF UNDERSTANDING CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION T^-,,^*, 1 /)^1 a r-,-o 2fì /)A1Cì JSLLVwLJ L) ?vLv vwr¡v Jvr 2vLt July l, 2019 - June 30, 2022 LODI POLICE DISPATCHERS AS SOCIATION _ MOU . JAÞ{UIAJèYIULY I , 20198 - JLINE 30 , 2OU+9 Table of Contents CHAPTER 1 _ COMPENSATION & WORKINC CONDITIONS ... CHAPTER2 LEAVES ARTICLE IX - CATASTROPHIC LEAVE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE I - SALARY II - HOURS AND OVERTIME......... III _ BILINGUAL DISPATCHERS,. lv - TNCENTTVE P4Y..................... V _ UNIFORM ALLOWANCE..,...,. VI - COURT APPEARANCES,.....,.. vil -LoYALTY PAY........... VIII - SAFETY. XIX - DEFERRED COMPENSATION XX - PERS XXI . SICK LEAVE CONVERSION XXII - TUITION REIMBURSEMENT ARTICLE X - HOLIDAYS ARTICLE XI - LEAVES OF ABSENCE, ARTICLE XIV _ TIME OFF FOR SCHOOL ACTIVITI8S.,.................. CHAPTER 3 _ INSURANCE BENEFITS AND RETIREMENT.... ARTICLE XV - DENTAL AND VISION INSURANCE,..,.,., ARTICLE XVI _ MEDICAL INSURANCE ARTICLE XVII - LONG TERM DISABILITY ................,.,..,.,., ARTICLE XVIII - LIFE INSURANCE COVERAGE.... ARTICLE XII - SICK LEAVE...,........ ARTICLE XIII - VACATION L84VE........ ARTICLE XXIII - WORKERS' COMPENSATION ........,............ CHAPTER 4 - ASSOCIATION/CITY ISSUES..... ARTICLE XXIV - CITY RIGHTS ARTICLE XXV - CHANGES IN MEMORANDUM ARTICLE XXVI - EMPLOYEE REPRESENTATION............ ARTICLEXXVII - EMPLOYEES RIGHTS,.,.,.,.... ARTICLE XXVIII - GRIEVANCE PROCEDURE.. ARTICLE XXIX - MUTUAL CONSENTCONTINGENCY.,. ARTICLE XXX . NO STRIKES ARTICLEXXXI - RESERVED...... ARTICLEXXXII - PROBATION... ARTICLE XXXIII - PROMOTION.... ARTICLE XXXN - SENIORITY....... ARTICLE XXXV . STATUS.......,...... ARTICLE XXXVI - TERM................. EXHIBIT A _ SALARY SCHEDULE.,... 2 ...3 ...3 ...4 ...7 ,..7 ...7 ...7 ...8 ... I ,'.9 ...9 ...9 ...9 ...... I 0 ............. l0 ..... I 0 ..... t2 ..... t2 .....12 ..... I 3 ..... I 3 .. 13 ..... 1 3 ..... t4 ..... l6 ..... 1 6 . .. 18 ..... I 8 ..... I 9 ..... l9 .....20 .....22 ,...,25 .....25 .....25 .....25 ',.,.25 .....26 .....26 .....27 .....29 LODI POLICE DISPATCHERS ASSOCIATION-MOU-JA+rutAJèìéJULy 1,2012& -JUNE 30,202219 CITY OF LODI ANI) LODI POLICB DTSPATCHERS ASSOCIATION ?44€-----019 JUNE 3O 2022 1.2 CHAPTER 1 _ COMPBNSATION & \ryORKING CONDITIONS ARTICLE I - SALARY 1.1 The Salary Schedule for members of the LPDA will be as set forth in Exhibit A. 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 tenn 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. rrrv Lruvv l/v¡vvrrL \J /u) vvDL Dusrrrró vJ trlv v DqrsrJ rsrrÕv vr Frispateher/Jailer by an ad Fffeetivc as soon as adrni @ Effective the first full pay period after City Council approval of the MOU. the City shall provide a cost of living increase of five percent (5o/"\. The Citv shall nrovide a cost of livine increase of three percent (3%) effective with the first full pav period in Jul)' 2020 and July 2021. J LODI POLICE DISPATCHERS ASSOCIATION -MOU -iAÀRJ¿eléIULy 1,20198 -JUNE 30,202+9 2.1 2.2 2.3 ARTICLE II - HOURS AND OVERTIME Work schedules presently in effect shall rernain 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. 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 Communications Center may be developed by mutual agreement between an employee (s) and the appropriate supervisor. 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 assigrunent. a) Employees participating in this schedule will officially begin their work week at noon Friday to avoid FLSA conflicts andlor oveftime. b) In the event of unexpected staff shortages, this alternative work schedule can be terminated with 7 2 hours' notice. Overtirne - 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 4ll0 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 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. Employees who are required to report for prearranged work on their non-work days shall be compensated at the overlime rate for actual hours worked, but in no event shall they be paid for less than three (3) hours. Compensation paid to employees called out in emergency situations, outside their regular work hours, shall be a minimurn of three (3) hours' pay at the overtime rate. 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 oveftime 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 tirne up to their regular work hours. 4 2.4 2.5 2.6 2.7 2.8 2.9 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JAÞru4RYIULY 1,2019& - JLINE 30,202+9 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 superuisor 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 irnmediately preceding or immediately following their scheduled court appearanae or other departmental assignrnent(s), if less than eight (8) hours has elapsed during: 1) the time period that ernployee's regular work shift ends and their scheduled appear ancelassignment 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 ernployee'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 imrnediately following a day off. Compensator)¡ Tirne - Employees may accrue compensatory time (CTO) in lieu of overtime pay. The accrual rate for compensatory time shall be one and one-half (1 yr) hours for each hour of overtirne worked. a) No more lhan 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 I44 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 rnonths of April and October. d) Upon separation, the employee will be paid at the employee's curent hourly rate of pay or the average of the last three years, whichever is higher, for the rernaining 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 rnade 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. 5 LODI POLICE DISPATCHERS ASSOCIATTON MOU JAIRJARYJIILY 1,2019& JUNE 30,2022+9 2.10 Communications Center Staffine - When staffing shortages occur in the Communications Center , Dispatcher/Jailers shall be called back to work under the following guidelines. Staffing shortages shall be determined by the number of fully{rained 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. Supervisor. or Lead responsible for the hours of duty to be worked. The three (3) hour minimum call back time, as per this MOU, shall apply. @ Þispatehcrs/Jailers asd @ 2Æ The seeen#-option to work overtime shall be given to Dispatcher/Jailers assignedintheCommunicationCenter@yseniority' unless the emplo)¡ee is workine an adjacent shift. If the emplovee has worked, or will be working, the adiacent shift the employee can work no 1 1n 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 rnaintained in the Communication Center with an updated work schedule maintained by the Services Division Supervisor and Patrol Watch Comrnander(s). Dispatch will be responsible for call in/call backs at the Watch Cornmander's direction. Failure by dispatch to follow this procedure will not subject the City to unwarranted overtime. d) Vacations and Holidays = First Vyacation Êimepþ! shall not be canceled unlessthereisM reqire-a total departmental call-out. Holidays shallnqey be canceled in part or fulI of time that dispatch unit is short-staffed during the term of this MOU (includinq newl)' hired emplo)¡ees in training) the department will allow overtime for the shortase. If the shift is not bv overtime- the holidav will be canceled. If the dispatch division shall reach full s'taffine levels based on the then current budgeted Full Time Equivalent positions. and remain at full staffinq levels for 60 consecutive days. overtime shall no longer be paid to cover a shortage caused by a holiday or vacation that is not a first pick vacation. sËhould it become necessary to cancel a scheduled holiday, the 6 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JAÀilJ,ARYJIILY l, 20198 - JLINE 30,20Ut9 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 %) 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 departrnent 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 unifonn. ARTICLE III - BILINGUAL DISPATCHERS 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.r 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. Ernployees who have a BA degree or Advanced POST certificate shall receive 5225 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 matemity 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, equiprnent 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. 1 ARTICLE VI - COURT APPEARANCES LODI POLICE DISPATCHERS ASSOCIATION - MOU -JA}TU4JèYJULY 1. 2019&, JLINE 30^ 202218 6.1 An ernployee serving on jury duty is entitled to keep any monies paid thern for jury duty. 6.2 If an ernployee 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 ernployee at one and one half (1 %) times their regular pay for the time spent in any appearance as required by this Arlicle. As a prerequisite for payment to ofÊduty 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 AÐÐITIONAI EOMPENSATIEN/LOYALTY PAYPREGR,4+4 7.1 After completing ten years of service with the LPDA, employees shall receive an-annr*al loyaltypar@amountof$1,500inNovemberoftheyearfo1lowing completion of ten years of service and each year thereafter until completing twenty (20) years of service with the LPDA. Ernployees who have cornpleted 20 years of service with the LPDA will receive amount of $3,000 lnen November of the year following completion of twenty (20) full years of service and each year thereafter. For the purposes of this article, all employees who as of October 3l't rneet 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 associated with their years of service with the LPDA. ARTICLE VIII - SAFETY 8.1 The City reaffinns its desire and aim to provide a safe place of employment for its ernployees 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 LO 22S CHAPTBR 2 _ LBAVES ARTICLE IX - CATASTROPHIC LEAVE 9.r 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 (i 1) holiday days. Hours earned per pay period are dependent upon their work schedule. Schedules and hours received annually are as follows: a) b) c) 12 hour schedule 10 hour schedule 8 hour schedule 132 hours 1 10 hours 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 p?y 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 Ernployees 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) 12hour 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. ARTICLE XI - LEAVES OF ABSENCE 1 1.1 Leave of Absence is available to employees in accordance with the City's current Leave of Absence policy. LODI POLICE DTSPATCHERS AS SOCIATION MOU - JAÞ{U4J+YTULY 1 , 2012& - JUNE 30 , 202+9 ARTICLE XII - SICK LEAVE I2.1 All employees shall accumulate sick leave based on shift worked. 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 Schedule is as 12.2 Sick leave may be accumulated up to an unlimited amount. 12.3 Farnily 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 cornpletion 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: 3.08 hours per pay period b) 6 through 1i years: 4.62 hours per pay period c) 12 through 14 years: 5.24 hours perpayperiod d) 15 years and more: 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 automalically resuÍre 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 rnay be authorized by the City Manager. For all other issues regarding Vacation Leave refer to the City's Policy of Vacation Leave. ARTICLE XIV _ RESERVEDTIME OFF FOR SCHOOL ACTIVITIES 14.1 An employee ma)¡ take upto eigfrt (8) hours per month to attend school or child care activities. However, if the employee is scheduled to work a shift greater than 8 hours (i.e.. 9. 10. or 12 ho,urs) the)¡ ma)¡ take up to the lesser of twelve (12) hours or their full- shift so that they do not have to return to work for the remaining scheduled hours of their shift. Emplo]¡ees are entitled to use up to 40 hours each year for school or child 10 LODI POLICE DISPATCHERS ASSOCIATION -MOU -JÄÞ.ruI2{RYJULY I,2OI98 -JUNE 30,202+9 Partnershi Act. such leave will provide advanced notice to the Citv. 11 LODI POLICE DISPATCH 22Ð CHAPTBR 3 _ INSURANCE BBNEFITS AND RETIREMENT ARTICLE XV - DENTAL AND VISION INSURANCE 15.1 The City will pay the fuIl cost for ernployee dental premium and one-half (ll2) 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 adrninister the City's plan. ARTICLE XVI - MEDICAL INSURANCE 16.1 All ernployees are offered medical insurance for themselves and dependent(s) through CaIPERS 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 rnedical insurance through the City of Lodi, the employee may at their option take the following in cash or deposited into their deferred compensation account: $692.31 per month for Family 5532.92 per month for Ernployee * 1 5305.22 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 I,2078, the City will pay a rnonthly maximum of the following for each family category: 51,794.51 per month for Farnily $1,380.39 per month for Ernployee r 1 $690.20 per month for Employee Only If employee selects a higher cost plan, employee will pay the difference as a payroll deduction. 16.3 If the Federal or State Govemment 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, andlor unreimbursed medical payrnents for unit members. Effective in plan year 2018, the Medical Flexible Spending Account LODI POLICE DISPATCHERS ASSOCIATION * MOU J,4ÞLARYJUIX 1,2019& - JLrNE 30,202219 (FSA) will include a caffyover provision which allows an active participant to automatically carryover up to $500 to the new plan year. However, amounts over $500 would be forfeited after the final filing date, if left unclairned. 16.6 Only one family member may caffy ernployee and dependent coverage of City sponsored rnedical insurance. ARTICLE XVII - LONG TERM DISABILITY 17.1 A long term disability prograrn, which, coordinated with other disability benefits, shall provide a benefit of 66 2l3o/o to a maximum of $10,000 per month of the employee's basic salary in the event of disability. This prograÍr comrnences sixty (60) days frorn the date of disability. Please refer to the City Policy on Long Term Disability. 17.2 The maximurn 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 paynents 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 arnount of insurance to reduce to $6,500 at age J0, antd to decrease to $5,000 at age 75. In addition, 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 Ernployees 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 agfees 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 2.00o/o at 55 formula. b) Final rêtirement 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 30o/o benefìt after five years of service increasing to a maximum 50% benefit. l3 LODI POLICE DISPATCHERS ASSOCTATION MOU - JAIqJARYJULY 1, 20198 - JLrNE 30,20ry+9 d) The third level of 1959 survivor benefits. e) 50olo survivor continuation in the event of death after retirement. Ð 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 Ernployee's Pension Reform Act of 2013 (PEPRA): a) The2.00o/o at 62 fonnula. b) Final retirement compensation based on the average rronthly pay during the highest 36 consecutive months of service. c) Increased ordinary disability benefits which provide under PERS a 30o/o benefit after five years of service increasing to a rnaximum 50% benefit. d) The third level of 1959 survivor benefits. e) 50olo survivor continuation in the event of death after retirement. Ð Sick leave conversion. g) Employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation. 20.3 Effective as soon as adrninistratively possible, in accordance with Califomia Government Code $20516 contract amendment process requirements, each employee in this unit shall pay three percent (3%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). In exchange, the City shall provide a three percent (3%) salary adjustrnent. The parlies agree that should the parties negotiate the elimination of the three percent cost-sharing by the employees, the conesponding salary adjustment is subject to reduction, elimination or change through the negotiation process. 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 ofunused 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 (2 112%)to t4 LODIPOLICEDISPATCHERSASSOCIATION-MOU-JANUARYJULY 1.20198-JLINE3O.2O22+9 the fifty percent (50%) before converling the unused sick leave to months of lnsurance. 21.2 The City shall pay up to the City's liability for rnedical insurance premiums for retiree and dependent. 21.3 In accordance with the sick leave conversion provisions, a surviving dependent may aL their own expense continue medical insurance at the ernployee-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, atbhe employee's cost, additional rnedical insurance. 21.5 Out of area retirees may receive reimbursement for rnedical insurance premiums up to the City's liability as specified in Section 21.2. 21.6 The City agrees to rnodifli its contract with PERS to add credit for unused sick leave per Govemment Code Section 20862.8. This benefit is available to all employees regardless of tlie 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 27.7, 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 eror and should properly be July 9, 7994. 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 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 11,2015. The pro-rated amounts shail 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 Tenneill Ramirez Jennifer Root Jeff Humphrey Andrea Patterson 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 15 LODI POLICE DISPATCHERS ASSOCIATION MOU -JANU4&YJULY 1, 20198:JUNE 30,202+9 the ernployee and in accordance with Section 27.6 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 rnay be used by the employee for sick leave or towards CaIPERS serice 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. Ernployees 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 - TIIIT REIMBURSEMENT 22.1 Tuition reimbursement shall be available to employees as stated in the City's current Tuition Reirnbursernent 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, syrnposiums, 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. TICLE XXIII - WO 23.I '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 fulI compensation to any represented employee who becomes eligible for benefits under Workers' Cornpensation laws for the period of the tirne 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 cnteria, the ernployee upolt receiving said benefits paid by Workers' Compensation will also receive compensation frorn 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: t6 LODI POLICE DISPATCHERS ASSOCIATION-MOU-J+Þru+RYrULy 1,20198-JUNE 30,20U+9 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 ernployee. b) Return to duty or physician's release. l7 LoDIPoLICEDISPATCHERSASSoCIATIoN-MoU-JULYl"20l9JAWt8-JUNE30. 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 lirnited 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 ernployees from location to location and from time to time e) lay off and/or relieve ernployees from duty due to lack of work or any other legitimate reason Ð re-hire employees g) detennine the allocation and content ofjob classification h) formulate andlor amend job descriptions i) to detennine 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 l) 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 detennine 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 equiprnent to be used, and to introduce new or irnproved serviced, maintenance procedures, materials, facilities and equipment q) take whatever action may be necessary to cary out the mission and responsibility of the City and specifically the Police Department in unusual andlor emergency situations r) formulate, amend , revise, and implement standard operating procedures, rules, and regulations regarding the operation of the Police Deparlment s) establish, amend, revise and implement any programs, and or procedures including an employee evaluation system Ð require employees to obsele and obey the City's and Deparlrnental policies, procedures, ordinances, resolutions, rules and regulations LODI POLICE DISPATCHERS ASSOCIATION * MOU JAÞ{J RyJULy 1, 20198 - JLrNE 30,202219 However, the exercise by the City of the rights in the paragraph does not preclude employees of their recognized ernployee organrzations from filing grievances regarding the practical consequences that decisions on such matters may have on wages, hours, or other terms and conditions of employment. LE XXV. CHANGES IN 25.1 The parties agree to reopen this MOU and to renew rneeting 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 rernaining 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 Coufi, or agreement of the parlies. XXVI - EMPLOYEE REP 26.1 This Mernorandum 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 coÍLmence 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: o Community Services Officer o DispatcherlJailer o LeadDispatcher/Jailer o 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." t9 LODI POLICE DISPATCHERS ASSOCIATION - MOU -JAÀru4JèYJULY 1. 20198 -JLINE 30.2022+9 a) Any dues check-off cancellation or rnodification notice shall first be forwarded to LPDA for notation and then returned to Payroll prior to any change in rnembers' 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 mernber's dues check-off to POAL. b) The LPDA shall indemnify, defend, and hold the City of Lodi harmless against any clairns made and against any suit instituted against the City of Lodi on account of check-off of said etnployee organizafion'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 cantinued 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 fumish 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 ernployment stated in other authorities, such as the personnel rules, administrative policy and procedure manual, City resolutions, or City ordinances, àfry ambiguity will be resolved in favor of the MOU language. If the MOU is silent on any issue, the applicable document is controlling. 27.1 Individual bargaining unit members may donate frorn 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 tirne. 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. ARTICLE XXVII - EMPLOYEES RIGHTS 20 LODI POLICE DISPATCHERS AS SOCIATION - MOU - J+}ru4RYJULY 1 . 20 I98 - JLINE 30. 202219 27.3 Any LPDA member who is to be inter-viewed 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. b) The LPDA member will be infonned 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 rnake 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 intirnidation, abuse, or coercion. No more than two (2) interviewers rray be present at any one time. e) The ernployee shall be entitled to reasonable intermissions to attend to personal necessities. Ð 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 tequest, will be fumished 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 ernployee. 27.4 The performance of each LPDA member shall be evaluated annually. Perfomance evaluations shall be based on work perfonnance 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 nonnal 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. 2t LODI POLICE DISPATCHERS ASSOCIATION MOU -J+ÞRJARYJULY 1, 20198 JLINE 30, 202+9 -: 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 opporfunity for the employee to respond in writing to any information with which the employee disagrees. Such response shall become a pemanent part of the employee's personnel record. The ernployee shall be responsible for providing the written responses to be included as pafi of the employee's permanent record. b) The only persons pennitted 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 ernployee's signed authorization, and persons authorized by the City. c) Employees will receive a copy of all materials placed in their file. Written reprirnands 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 pattems of misconduct as defined in the Department's Rules and Regulations. d) Anything less than a written reprimand shall be purged frorn an employee's personnel file after an evaluation is given. Requests to purge personnel files are the responsibility of the individual involved. 2l.6 All special assignments available to LPDA members shall be posted and shall invite letters of interest frorn 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 reseryes 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 rnay be extended for a period of two more years after the third year. It is also mutually agreed that assignments to Property Clerk andlor Court Liaison positions are aI the sole discretion of the City of Lodi. No employee has property rights to such assignments and waives any appeals for assigrunent, reassignrrent, or transfer frorn this agreement. ARTICLE XXVII - 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. 22 LODI POLICE DISPATCHERS ASSOCTATTON - MOU -JAÞruç+RyrULy 1,2019& -JLTNE 30,2022+9 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 cornplaint 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 employrnent 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 ernployee is entitled to representation through all the steps in the grievance procedure. 28.2 INFORMAL GRIEVANCE PROCEDURE a) An ernployee, the LPDA, or their representative having an issue arising from employment in the municipal service shall seek adjustrnent of the issue initially through verbal contact with their irnrnediate 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 irnrnediate 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 tirne 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 ernployee, 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 parly to the issue, the ernployee, 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 adjustrnent through the use of the Informal Grievance Procedure may, within ten (10) working days of the last time deadline of the Infonnal Procedure, file a Fonnal Grievance. The steps of the Formal Grievance Procedure are as follows: STEP A Class action grievances are fìled, 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) ZJ LODI POLICE DISPATCHERS ASSOCIATION MOU -JAlWlA&yJULy l, 20198 JUNE 30, 20D+9 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 ernployee, 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 Review. The Personnel Board of Review shall hold a public hearing, unless the grievant desires a closed hearing, within thirly (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 tenns 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 ernployee, 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 fonner 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 naÍìes 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) narnes, 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 frorn the list, either by agreement, lot, striking naÍìes, or any other means the two can agree upon. 28.4 Any ernployee 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 fuither 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 managernent 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. 24 LODI POLICE DISPATCHERS ASSOCTATTON-MOU JA+RJARYJULY 1,20198 -JLTNE 30,20D+9 ARTICLE XXIX MI]TI]A 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 Agreernent. 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 tenn of this MOU. ARTICLE 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 rnost 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 deerned to be unsatisfactory, the ernployee 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 ofa rejeòted candidate shall continue as before. ARTICLE - 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. 25 LODI POLTCE DISPATCHERS AS SOCIATION - MOU - JÁÀRJ¡&YJULY t , 2019& - JUNE 30 , 20U19 ARTICLE XXXIV - SENIORITY 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 ernployee is: a) inducted, enlists, or is called to active duty in the Anned Forces of the United States or service in the Merchant Marine under any Act of Congress which provides that the ernployee is entitled to re-employnent rights; b) on duty with the National Guard' c) is absent due to industrial injury; d) on leave ofabsence; 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 def,rned as total tirne 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 rnethod utilized for shift selection and vacation leave. 34.4 In the event an ernployee 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-tirne ernployment, except as provided for in Arlicle XXXII - Probation. b) A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an authonzed 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. 26 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JAÞTUIARYJULY 1,2019& - JLINE 30,20ry+9 c) A temporary employee is an employee hired on a full-time basis to ternporarily 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. AR TICLE XXXVI - TERM 36.I 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 @ through June 30, æ+gM. 36.2 The LPDA and City will cornmence negotiations for a new contract no later than three (3) months prior to the expiration of this MOU. 27 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JULY 1,2.019 +A}RJáR.W-O+8 - JUNE 30,2022+9 CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION JULY 1. 2019 - JUNE 30. 2022 Lodi Police Dispatchers Association: Jennifer Root Lead Dispat cher I J ailer Date: Tenneill Ramirez Dispatcher/Jailer Date: Kim VanTassel Property & Evidence Technician Date: Shaun Du Fosee Chief Negotiator Date: Stephen Schwabauer City Manager Date: Cit)¡ of Lodi: 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 Date: LODI POLICE DISPATCHERS ASSOCIATION - MOU -JAÞIU!{RYrULY 1, 20198 -JUNE 30,202+9 Salary Effective EXHIBIT A - SALARY SCHEDULE Auzust 26,2019 AnnualSalary T¡tIE Job Code Step 0 Step 1 Step 2 Step 3 Step 4 Communitv Services Officer 6400 S 49,s62.97 S sz,gso.rs s s4,974.06 S s7,722.73 s 60,608.78 Dispatcheríailer 64LO S sa,tqE.zz s s9,s80.33 S oz,ssg.¿g s 6s,6S7.3s s 68,97t.70 Lead Dispater/Jailer 6420 S ao,us.tz S oz,ß+.qt s 66,343.66 s 69,660.36 S 73,L43.82 Propertv & Evidence Technician 6440 S 49,s62.97 S sz,¡so.rs 5 sq,gt+.oo S st,tzz.tz s 60,608.78 29 RESOLUTION NO. 2019-176 ARESoLUTIoNoFTHELoDICITYcoUNcILAPPRoVING THEMEMoRANDUMoFUNDERSTANDINGWITHTHE LoDIPoLIcEDISPATCHERSASSoCIATIoNEFFECTIVE JULY 1,2019 THROUGH JUNE 30,2022 ======================================================================== WHEREAS, representatives from the City and the Lodi Police Dispatchers Association (LPDA) have barga¡nào in good faith and reached a tentative agreement on a successor Memorandum of Understanding (MOU); and WHEREAS, it is recommended that Council approve revisions to the MOU with LPDA to include the following: . Term: July 1 ,2019 through June 30, 2022; o Eleven percent (11o/o) satãry adjustment over the term of the contract as follows: o Five peròent (Sø) effective the first full pay period after Coun^cil approval. o Threä perceni (3%) effective the first full pay period in July^2020. o Three þercent ig%) effective the first full pay period July 2021. . Longevity pay of $t ,soo annually for ten (19) y:qlt of service and $3,000 for twenty (20) y""It otiervice for employees hired July 10, 2012 and thereafter' NOW, THEREFORE, BE tT RESOLVED that the Lodi city council does hereby approve the attached Mou (Exhibit A) between the city of Lodi and Lodi Police Dispatchers Association, effective July 1 ,2019 through June 30, 2022' Date: August 21,2019 ======================================================================== I hereby certify that Resolution No. 2019-176 was passed and adopted by the Lodi City Council in a regular meeting held August 21, 2019, by the following vote: AyES: couNclL MEMBERS - Johnson, Kuehne, Mounce, Nakanishi, and Mayor Chandler NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS - None COUNCIL MEMBERS - None COUNCIL MEMBERS - None NIFER Clerk 2019-176 Exhibit A ATCHERS AS SOCIATION _MOU_JULY 1"2019 - JUNE 30.2022LODI POLICE DISP MEMORANDUM OF UNDERSTANDING CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION July 1 ,2019 - June 30,2022 LODI POLICE DISPATCHERS ASSOCIATION - MOU _ .IULY 1,2019 _ JUNE 30,2022 Table of Contents CHAPTER 1 _ COMPENSATION & WORKING CONDITIONS... ARTICLE I. SALARY ARTTCLE It - HOURS AND OVERTIME...... ........................ . ... ARTìCLE III _ BILINGUAL DISPATCHERS.,,,......,,,,....,,,.,.,,,... ARTICLE IV _ INCENTIVE PAY ARTICLE V _ UNIFORM ALLOV/ANCE., ARTICLE VI. COURT APPEARANCES ARTICLE VII _LOYALTY PAY ARTICLE VIIì . SAFETY.... CHAPTER 2 . 1EAV8S,,,.,,.., ARTICLE IX - CATASTROPHIC LEAVE,.,. ARTICLE X - HOLIDAYS,... ARTICLE XI - LEAVES OF ABSENCE.......,.,,,. ARTICLE XII . SICK LEAVE ARTICLE XIII - VACATION LEAVE ARTICLE XIV _ TIME OFF FOR SCHOOL ACTIVITIES.....,,,,... CHAPTER 3 _ INSURANCE BENEFITS AND RETIREMENT,,,...... ARTICLE XV - DENTAL AND VISION INSURANCE.,,.....,,,,. ARTICLE XVI - MEDICAL INSURANCE ........,.. ARTICLE XVI] - 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 - CITY RIGHTS ARTICLE XXV . CHANGES IN MEMORANDUM.............,. ARTICLE XXVI - EMPLOYEE REPRESENTATION .......,,,....,,........... ARTICLE XXVIì - EMPLOYEES RIGHTS..........,.. ARTICLEXXVIII - GRIEVANCE PROCEDURE.... ARTICLE XXìX - MUTUAL CONSENT CONTINGENCY ..........,......, ARTICLE XXX - NO STRIKES., ARTICLEXXXI - RESERVED... ARTICLE XXXII - PROBATION ARTICLE XXXIII - PROMOTION., ARTICLE XXXIV - SENìORITY..., ARTICLE XXXV - STATUS,.......... ARTICLE XXXVI - TERM,.,,,......... 2 ..3 ,'3 ..3 ..6 ..6 ..7 ..7 ..7 .8 ..9 ..9 ..9 ..9 l0 l0 l0 t2 l2 l2 t3 l3 t3 l3 14 l6 16 l8 l8 19 t9 20 22 25 z) 25 25 25 26 26 27 29EXHIBIT A _ SALARY SCHED1JLE LODI POLICE DISPATCHERS ASSOCIATION _ MOU _ JULY 7,2019 -JUNE 30,2022 CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION JULY l, 2ol9 JUNE 30, 2022 CHAPTER 1 _ COMPE,NSATION &WORKING CONDITI ONS ARTICLE I - SAI,ARY 1.1 The Salary Schedule for members of the LPDA will be as set forth in Exhibit A. 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, blovis, 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' Effective the first full pay period after City Council approval of the MOU, the City shall provìde a cost of living increase of five percent (5%). The City shall provide a cost of living increase of three percent (3o/o) effective with the first full pay period in luly 2020 and July 2021. 1.2 ND OVER 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. Tèmporary changes in this schedule must have at least 24 hours' notice. Dispatcher/Jailer positions assigned to the Communication Center shall work a twelve (12) hour schedule with a one (l) hour 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. 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. 3 2.2 2.3 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JULY 1.2019 - JUNE 30.2022 2.4 a) Employees participating in this schedule will officially begin their work week at noon Friday to avoid FLSA conflicts andlor overtime. b) In the event of unexpected staff shortages, this alternative work schedule can be terminated with72 hours' notice. 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 4110 schedule. This provision may be nullifìed 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 ten (10) hours in any work day for those on a ten (10) hour shift, and in excess of twelve ( 1 2) hours per day for those on a twelve ( 1 2) 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. 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. Compensation paid to employees called out in emergency situations, outside their regular work hours, shall be a minimum of three (3) hours' pay al. the overtime rate. 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. 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: 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. 4 2.5 2.6 2.7 2.8 LODI POLICE DISPATCHERS ASSOCIATION _ MOU - JULY 1,2019 -.IUNE 30,2022 b) If an employee receives approval to take the remaining portion of their scheduled shift off, the employee's leave balances will be charged forthe entire shift (as if no rest period has occurred). c) The rest period does not apply when an employee is scheduled for court or appearancelassignment the day immediately following a day off. 2.9 Compensator)¡ 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 %) 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 ohly 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 Staffìng - When staffing shortages occur in the Communications Center, 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, Supervisor, or Lead responsible for the hours of duty to be worked. The three (3) hour minimum call back time, as per this MOU, shall apply. The option to work overtime shall be given to Dispatcher/Jailers assigned in the Communication Center by seniority, unless the employee is working an adjacent shift. If the employee has worked, or will be working, the adjacent shift the employee can work no more than sixteen (16) continuous hours, except in emergency circumstances. 5 LODI POLICE DI SPATCHERS ASSOCIATION - MOU _ JULY I. 2019 - JUNE 30,2022 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 pulpose 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 oveftime. d) Vacations and Holidays - First vacation pick shall not be canceled unless there is a total departrnental call-out. Holidays may be canceled in part or fully; however, during the period of time that the dispatch unit is short- staffed during the term of this MOU (including newly hired employees in training) the department will allow overtime for the shortage. If the shift is not covered by overtime, the holiday will be canceled. If the dispatch division shall reach full stafflrng levels based on the then current budgeted Full Time Equivalent positions, and remain at full staffing levels for 60 consecutive days, overtime shall no longer be paid to cover a shortage caused by a holiday or vacation that is not a first pick vacation. 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 atarafe of time and one half (1 t/z)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 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 6 4.2 LODI POLICE DISPATCHERS ASSOCIATION _ MOU .IULY I. 2019 - JUNE 30.2022 and are on the call out roster for Field Evidence Technicians. The Latent Print Examiner classification will receive the same incentive as FET. 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 5225 per month. These amounts are not cumulative. ARTICI,E V - I]NI ALLOWANCE 5.1 5.2 The uniform allowance shall be $950 annually paid bi-weekly in conjunction with regular pay checks. 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; Cornrnunity Services Officers shall wear similar garments of a blue color. 6.3 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. TICLE VI - 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 helshe shall not be scheduled to work eight (8) hours preceding or following jury duty at no cost to the employee. If an ernployee covered by this agreement is required by subpoena to appear in couft 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 %) 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 -LOYALTY PAY 7.1 After completing ten years of service with the LPDA, employees shall receive loyalty pay in the 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 loyalty pay in the amount of $3,000 in November of the year following completion of twenty (20) full years of service and each year thereafter. 7 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JULY 1,2019 - JUNE 30,2022 For the purposes of this article, all employees who as of October 3ltt meet the service level requirements (eitherten 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 pay associated with their years of service with the LPDA. 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 ASSOCIATlON - MOI] _.II JI,Y 2019 - JUNE 30.2022 CHAPTER 2 _ LEAVES ARTICLE IX - CAT STROPHIC 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) b) c) 12 hour schedule l0 hour schedule I hour schedule 132 hours I I 0 hours 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. 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. LODI POLICE DISPATCHERS ASSOCIATION - MOU JULY 1. 2019 - JUNE 30.2022 ARTICI,E XII -SICK LEAVE 12.1 All employees shall accumulate sick leave based on shift worked. follows: 12 hour workday 5.54 hours per pay period 10 hour workday 4.62hours per pay period 8 hour workday 3.70 hours per pay period Schedule IS AS 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 - V CATION 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 yoars: 3.08 hours per pay period b) 6 through 11 years: 4.62 hours per pay period c) 12 through 14 years: 5.24 hours per pay period d) 15 years and more: 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. ARTICLE XIV _ TIME OFF FOR SCHOOL ACTIVITIES 14.1 An employee may take up to eight (8) hours per month to attend school or child care activities. However, if the employee is scheduled to work a shift greater than 8 hours (i.e., 9, 10, or 12 hours) they may take up to the lesser of twelve (12) hours or their full- shift so that they do not have to return to work for the remaining scheduled hours of 10 LODI POLICE DISPATCHERS ASSOCIATION - MOU _ JULY 7,2079 _ JUNE 30,2022 their shift. Employees are entitled to use up to 40 hours each year for school or child care activities pursuant to the Family-School Partnership Act. Employees requesting such leave will provide advanced notice to the City. 1l LODI POLICE DISPA ASSOCIATION _ MOtI _JULY l. 2019 - JUN|I 2022 15.1 15.2 CHAPTER 3 _ INSURANCE TS AND RE NfT ARTICLE XV DENTAL AND VISION INSURANCE The City will pay the full cost for employee dental premium and one-half (112) the premium for the employee's dependent for the current dental plan. 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. 16.2 In order to qualify for this provision, proof of group insurance must be provided to the City. Effective January 7,2018, the City will pay a monthly maximum of the following for each family category: 1 5.3 The City reserves the right to select any dental or chiropractic carrier to administer the City's plan. TICLE 16. r All employees are offered medical insurance for themselves and dependent(s) through CaIPERS medical plans. City shall pay one hundred percent (100%) of the premium for the employee's family category (Family, Employee + l, 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 5532.92 per month for Employee * 1 5305.22 per month for Employee Only IN 51,794.51 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. 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. LOD] POLìCE DISPATCHERS ASSOCIATION - MOU JULY 1. 2019 _.IUNE 30. 2022 16.5 The City will maintain a flexible spending account to conform to IRS regulations to be used for premium contributions, dependent care, andlor unreimbursed medical payments for unit members. 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 year. However, amounts over $500 would be forfeited after the final filing date, if left unclaimed. 16.6 Only one family member may carry employee and dependent coverage of City sponsored medical insurance. 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. TICLE XVIII -CO 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 insurance for an employee's spouse, dependent children under the age of twenty-four (24), and dependent disabled children. TICLE XIX -SA 19.1 Employees may voluntarily participate in the City's Deferred Compensation plan as allowed by IRS Code 457(k). 19.2 The City shallmatch contributions by an employee to a deferred compensation program up to a maximum three percent (3.0%) of the employee's gross salary. CLE XX . 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) The2.00Yo at 55 formula. b) Final retirement compensation based on the average monthly pay during the highest 36 consecutive months of service. 13 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JULY 1.2019 - JUNE 30.2022 c) Increased ordinary disability benefits which provide under PERS a 30%;o benefit after five years of service increasing to a maximum 50% benefit. d) The third level of 1959 survivor benefits. e) 50olo survivor continuation in the event of death after retirement. Ð 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 2.00o/o 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%o benefìt after five years of service increasing to a maximum 50% benefit. d) The third level of 1959 survivor benefits. e) 500/o survivor continuation in the event of death after retirement. Ð Sick leave conversion. g) Employee shall pay the full employee share of retirement costs as calculated by PERS in its annual actuarial valuation. 20.3 Effective as soon as administratively possible, in accordance with California Government Code $20516 contract amendment process requirements, each employee in this unit shall pay three percent (3%) towards the employer's share of CaIPERS normal pension cost (cost-sharing). In exchange, the City shall provide a three percent (3%) salary adjustment. The parties agree that should the parties negotiate the elimination of the three percent cost-sharing by the employees, the corresponding salary adjustment is subject to reduction, elimination or change through the negotiation process. 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 ofunused 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 ll2%) to 14 LODI POLICE DISPATCHERS ASSOCIATION MOU JULY I.2019 - JUNE 30.2022 the fifty percent (50%) before converting the unused sick leave to months of tnsurance 21.2 The City shall pay up to the City's liability for medical insurance premiums for retiree and dependent. 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 27.1, 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 maffer, 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 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 TenneillRamirez Jennifer Root Jeff Humphrey Andrea Patterson 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 l5 LODI POLICE DISPATCHERS ASSOCIATION - MOU _.IULY 1.2019 _ JUNE 30.2022 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 CaIPERS 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 currént regular hourly rate ofpay; 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. ARTICI,E - TUITION RF,TMB URSEMENT 22.1 Tuition reimbursement shall be available to employees as stated in the City's current Tuition Reimbursement policy. 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. 22.2 II .P 23.1 23.2 In the event an employee is injured or otherwise becomes disabled: t6 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 eliglbility for benefits. With the determination that the injury or illness is compensable in ãccordance 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. Moreòver, 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. LODI POLICE DÌSPATCHERS ASSOCIATION - MOU -.IULY I.2OI9 - JT-INE 30.2022 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. 17 LODI POLICE DISPATCHERS ASSOCIATION _ MOU _.ITJI-Y I.2019 - JUNE 30.2022 CHAPTER 4 _ ASSOCIATION 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 detennine 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 andlor relieve employees from duty due to lack of work or any other legitimate reason Ð re-hire employees g) determine the allocation and content ofjob classification h) formulate andlor 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 andlor subcontract any existing or future work l) 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 Ð require employees to observe and obey the City's and Departmental policies, procedúres, ordinances, resolutions, rules and regulations 25.1 LODI POLICE DISPATCHERS ASSOCIATION.MOU JULY 1.20I9.JUNE 30.2022 However, the exercise by the City of the rights in the paragraph does not preclude employees of their recognized employee organizations from filing grievances règarding the practical consequences that decisions on such matters may have on wages, hãurs, or other terms and conditions of employment. ARTICLE XXV -CHANGES IN M RANDUM 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 frovisionof this MOU is modified by statute, applicable regulation, or by order of Courtìn 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 the! ïere also modified by statute, applicable regulation or order of Court, or agreement of túe parties. CLE LOY 26.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered into between representatives of the City of Lodi (hereinafter refered to as "City") and representatives of the Lodi Police Dispatchers Association (hereinafter referréd 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 ar" u, follows: . Community Services Officer¡ Dispatcher/Jailer o LeadDispatcher/Jailer ¡ Property & Evidence Technician 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. 26.2 19 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JULY 1" 20I9 _.IUNE 30.2022 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 indemnifu, 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 ceftification 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 Anicle 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 oftime shallbe 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 wriffen notices ofactual disciplinary actions, notices of intent to take disciplinary actions, transfer notices, promotion notices and termination notices. 20 LODI POLICE DISPATCHERS ASSOCIATION MOU _ JULY I. 2O1g -JUNE 30. 2022 27.3 Any LPDA member who is to be interviewed concerning an actwhich, if proven, could reasonably result in disciplinary action will be afforded the following safeguards: a) LPDA member will be infonned prior to the interview if the City believes the LPDA member is a suspect in the investigation. b) The LPDA member will be infonned 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 þfnotwithstanding. 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. Ð If the City tape records the interview, the member also has the right to tape theinterview. If the interview is taped by either party that party must gÑe 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 ^âft"r,to inólude any tape recordings, at no cost. The employee will also be furnished with the names of all witnesses and complainants who are to apper against the employee and/or whose statements rnay 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, suggèst 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 evaluatiòn. 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 ail personnel fìles held by the City and any department personnel used ior promotion and disciplinary actions. 21 LODI POLICE DISPATCHERS ASSOCIATION - MOU _JULY 1.2019 -.IUNE 30.2022 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 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 Ievel and to provide an orderly procedure for reviewing and resolving grievances promptly. 22 LODì POLICE DISPATCHERS ASSOCIATION - MOU - JULY 1.2019 -.IUNE 30.2Q22 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 parfy. 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, orthe 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 parÍy 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 ofthe 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 wriffen decision rendered within ten (10) working days of hearing the appeal. 28.3 FORMAL PROCEDURE An employee who has not received satisfactory adjustment thrciugh 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: 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) 23 LODI POLICE DISPATCHERS ASSOCIATION - MOU _JULY 1.2019 _ JUNE 30.2022 working days. If satisfactory adjustrnent 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, rhe 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 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. 24 LODI POLICE DISPATCHERS ASSOCIATION - MOU _ JULY 1.2019 - JUNE 30.2022 XXIX - MIJTIJAI- 29.1 This Agreement may be amended any time with the mutual consent of the City and LPDA. Such amendment must be in writingand attached to all executed copies of this Agreement. ARTICI,E 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. ARTICI,tr,XXXI - RESERVE|) 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 XIll 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 fìled and the employee is discharged. The seniority and status ofa rejected candidate shall continue as before. ARTICLE XXX - 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. 25 LODI POLICE DISPATCHERS ASSOCIATION - MOU - JULY I^2019 - JUNE 30.2022 ARTICLE XXXIV - SENIORITY 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 ofabsence; 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. 26 LODI POLICE DISPATCHERS ASSOCIATION - MOU _ JULY 1.2019 - JUNE 30.2022 c) A temporary employee is an employee hired on a full-time basis to temporarily fill a full+ime position (at least 32 hours per week). Temporary employees shall attain regular status after being employed for twelve (12) continuous 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 July 1, 2019 through June 30, 2022. 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. 27 LODI POLICE DISPATCHERS ASSOCIA TION - MOU _ JULY I. 2019 - JIJNE 30.2022 CITY OF LODI AND LODI POLICE DISPATCHERS ASSOCIATION JULY lo 2019 - JUNE 30, 2022 Lodi Police Dispatchers Association: Jennifer Root Lead Dispatcher/Jailer Date: TenneillRamirez Dispatcher/Jailer Date: Kim VanTassel Property & Evidence Technician Date: Shaun Du Fosee Chief Negotiator Date: Stephen Schwabauer City Manager Date: City of Lodi: 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 Date: LODì POLICE DìSPATCHERS ASSOCIATION -MOU -JULY 1,2019 _JUNE 30,2022 EXHIBIT A _ SALARY SCHEDULE Salary Schedule Effective: August 26,2019 Annual Salary Title Job Code Sten 0 Step 1 Step 2 Step 3 Sten 4 Community Services Officer 6400 s 49,862.97 $ s2,3s6.15 s s4.974.06 s s7.722.73 s 60.608.78 Dispatcher/Jailer 6410 s s6.743.23 $ 59.s80.33 s 62,559.43 $ 65,687.35 $ 68,971.70 Lead Dispatcher/ Jailer 6420 s 60,175.72 s 63,184.47 s 66,343.66 s 69,660.86 s 73.143.82 Property & Evidence Technician 6440 s 49,862.97 $ 52,356. r 5 s 54.974.06 s 57,722.73 $ 60,608.78 29