HomeMy WebLinkAboutAgenda Report - October 18, 1995 (60)OF
CITY OF L.ODI
COUNCIL COMMUNICATION
Oq(/FOp�P
AGENDA TITLE: Receive Memorandum of Understanding (MOU) for the Lodi Police
Dispatchers Association (LPDA)
MEETING DATE: October 18, 1995
SUBMITTED BY: Personnel Director
RECOMMENDED ACTION: That the City Council receive the attached Memorandum of
Understanding (MOU) (Exhibit A) between the City of
Lodi and the Lodi Police Dispatchers Unit for the period
from July, 1995 to July, 1998.
BACKGROUND INFORMATION: The present MOU between the unit and the City of
Lodi terminated the end of the pay period in which July 1, 1995, fell. Representatives of the City
met and conferred with representatives of the unit since May, 1995, to discuss salary, wages, and
terms and conditions of employment of represented employees.
Per the authorization of the City Council on September 19, 1995, the agreement was forwarded
to the LPDA for ratification by its members. The agreement was ratified on October 12, 1995.
The main features of this MOU are as follows:
TER
Three years beginning the first pay period in July, 1995, and ending the end of the pay
period in which July 1, 1998, falls.
SALARY
An across-the-board increase of 4.0% effective July 1, 1995, 2.0% effective July 1, 1996,
and 3.0% effective July 1, 1997.
This agreement also contains changes to the grievance procedure and modifications to various
benefits including vacation, sick leave accrual rates, and the management rights clause.
APPROVED:
THOMAS A. PErERSON recycled paper
City Manager
GG1
FUNDING: General Fund
Respectfully submitted,
Joanne M. Narloch
Personnel Director
JMN/kt
Attachment
Memorandum of Understanding
City of Lodi
and
Lodi Police Dispatchers Association
July 1, 1995 - June 30, 1998
MOU - CITY OF LOD JD LPDA 1995 - 1998
LODI POLICE DISPATCHERS ASSOCIATION
THE CITY OF LODI
AND THE
LODI POLICE DISPATCHERS ASSOCIATION
1995 - 1998
ARTICLE NAME Pave Article No.
CATASTROPHE BANK
23
XXXI
CHANGES IN MEMORANDUM
19
XX
CITY RIGHTS
18
XIX
COURT APPEARANCES
10
XII
DENTAL AND VISION INSURANCE
8
IX
EMPLOYEE REPRESENTATION
I
I
EMPLOYEE RIGHTS
I 1
XIII
GRIEVANCE PROCEDURE
2
II
HOLIDAYS
5
V
HOURS AND OVERTIME
15
XVIII
LEAVES OF ABSENCE
9
XI
LIFE INSURANCE COVERAGE
22
XXX
MEDICAL INSURANCE
7
VIII
MUTUAL CONSENT CONTINGENCY
20
XXII
NO STRIKES
19
XXI
OTHER BENEFITS
13
XIV
P.E.R.S.
14
XV
POLICY AND PROCEDURE MANUAL
22
XXIX
PROBATION
20
XXV
PROMOTION
22
XVIII
SAFETY
5
III
SALARY
20
XXIV
SENIORITY
21
XXVII
SICK LEAVE
6
VI
SICK LEAVE CONVERSION
6
VII
STATUS
21
XXVI
TERM
20
XXVI
TUITION REIMBURSEMENT
14
XVII
VACATION LEAVE
5
IV
WORKERS' COMPENSATION
8
X
Ipdmo9R.Juc
THE CITY OF LODI
AND THE
LODI POLICE DISPATCHERS ASSOCIATION
1995 - 1998
ARTICLE I - EMPLQYEE REPRESENTATION
1.1 This Memorandum of Understanding (hereinafter referred to as "MOU") is entered
into between representatives of the City of Lodi (hereinafter referred to as "City")
and representatives of the Lodi Police Dispatchers Association (hereinafter
referred to as "LPDA").
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. Except as specifically modified by this Memorandum, all existing
benefits currently being furnished to -employees and all existing terms and
conditions of employment are to continue in effect unless and until the parties meet
and confer regarding a change in such existing benefits, terms, or conditions of
employment.
The terms and conditions of this MOU are applicable to all regular and
probationary employees represented -by LPDA. Those classifications are as
follows:
Community Services Officer.
Dispatcher/Jailer
Lead Dispatcher/Jailer
1.2 The City shall grant dues'deduction'fo 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."
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
members dues check -off to POAL. .
MOU - CITY OF LOD 41D LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995-1998
The LPDA shall indemnify, defend, and hold the City of Lodi harmless against any
claims made and against any suit instituted against the City of Lodi on account of
check -off of said employee organization's dues. In addition, the LPDA shall
refund to the City of Lodi any amounts paid to it in error upon presentation of
supporting evidence.
Effective upon adoption of this Memorandum and for the purposes of the
continued certification of LPDA as the recognized employee organization for this
unit, employees in this unit who are or hereafter become members of LPDA shall
maintain membership in good standing with LDPA for the life of this
Memorandum, 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 Memorandum. Such withdrawal must be in writing and delivered to LPDA
and the Finance Department within the prescribed time frame.
1.3 The City agrees to furnish LPDA with a written notice of the City's intention to
make changes in departmental riles, policies or procedures that would affect the
working conditions of LPDA members. Article XIX notwithstanding.
1.4 LPDA will have the right to use City Facilities for Association Business subject to
advance notice and availability.
ARTICLE II - GRIEVANCE PROCEDURE
2.1 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.
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.
The term "day" means a working day, i.e. Monday through Friday excluding fixed
City Hall holidays.
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.
1pamm98.doc
MOU - CITY OF LOD JD LPDA 1995- 1998
LODI POLICE DISPATCHERS ASSOCIATION
As used in this procedure, the term "party" means an employee, the LPDA, the
City or the authorized representative of any party. The employee is entitled to
representation through all the steps in the grievance procedure.
1.7
2.2 INFORMAL GRIEVANCE PROCEDURE
An employee, the LPDA, or their representative having an issue arising from
employment in the municipal service shall seek adjustment of the issue initially
through verbal contact with their immediate supervisor within twenty (20) working
days of the date of the action being grieved, or the date the grieving party became
aware of the incident which is the basis of the issue. Should the immediate
supervisor be unable to make a satisfactory adjustment, or is a party to the issue,
the employee, LPDA or their representative may seek adjustment through either
verbal or written contact to the next higher level of supervision up to and including
the Chief of Police who shall render a decision in writing within ten (10) working
days of hearing the appeal. The time allowed between steps in this process is ten
(10) working days. All verbal contacts shall be documented as to the date, time
and place of the contact.
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 time frame given, or is a party to the issue, the employee,
LPDA or his/her representative may seek adjustment through the formal grievance
procedure. Any decision by the immediate supervisor hearing the grievance shall
be a written decision rendered within ten (10) working days of hearing the appeal.
2.3 FORMAL PROCEDURE
An employee who has not received satisfactory adjustment through the use of the
Informal Grievance Procedure may, within ten 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.
T';e City Manager shall investigate the grievance and shall respond in writing
•xlthin ten working days. If satisfactory adjustment is not attained the employee or
':is/her representative may proceed to Step B within ten working days.
STEP B
The employee or his/her representative shall file an appeal of the City Manager's
decision to the City Clerk. Within fifteen 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
Ipimo9R.doc
MOU - CITY OF LOL ND LPDA 1995-1998
LODI POLICE DISPATCHERS ASSOCIATION
grievant desires a closed hearing, within thirty working days of the filing of the
appeal with the City Clerk . The Personnel Board of Review has no power to add,
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 days after the hearing of the Personnel Board of
Review they 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. The only qualifications needed to serve on the board shall be
that they are registered voters of the City, not presently or formerly elected
officials or employees of the City, or are related to a present or former elected
official or employee of the City.
2) The City Clerk shall submit the names of seven 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 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 names, seven
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.
2.4 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
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 in 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 working days of the last date of the time limit which
management failed to meet.
Ipdmo9 R. doe
MOU - CITY OF LOD, .ND LPDA 1995- 1998
LODI POLICE DISPATCHERS ASSOCIATION
ARTICLE III - SAFETY
3.1 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.
ARTICLE IV - VACATION LEAVE
4.1 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)
l through 5 years:
3.08 hours per pay period
b)
6 through l 1 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
4.2 First choice vacation leave will be picked by seniority. Second choice vacation
leave will be 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.
ARTICLE V - HOLIDAYS
5.1 Dispatcher/Jailers working a 12 hour schedule shall be granted 120 hours of
holiday leave, all other unit members will receive 108 hours of holiday leave 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.
5.2 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.
5.3 Employees hired after the first pay period of the year shall be credited with 4.15 .
hours for each pay period remaining in the calendar year, except those employees
working 12 hour work days shall be credited 4.61 hours for each pay period
remaining the calendar year. Employees separating after the first pay period of the
year shall have their holiday balances reduced by 4.15 hours for each pay period
1pdt„m9a.d„c
MOU - CITY OF LOC 1D LPDA 1995-1998
LODI POLICE DISPATCHERS ASSOCIATION
remaining in the year except those working 12 hour work days will have their
holiday balance reduced by 4.61 hours for each pay period remaining in the year.
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 VI - SICK LEAVE
6.1 All employees shall accumulate sick leave at the rate of 3.08 hours per pay period.
6.2 If an employee does not utilize more than 200 hours of sick leave during each five
years of employment an additional 40 hours of vacation time will be added to the
employees vacation account. For new hires, the hire/transfer date of the employee
shall serve as the eligibility date. For current employees the eligibility date will be
the same as noted in 6.1.
6.3 Sick leave may be accumulated up to an unlimited amount.
6.4 Family sick leave may be used to allow for the care of parents and children.
ARTICLE VII - SICK LEAVE CONVERSION
7.1 For all unused sick leave, a represented employee with ten years of employment
with the City shall receive medical insurance coverage upon retirement (but not
upon resignation or termination) on the following basis:
After ten years of employment by the City, 50% of the represented employee's
unused sick leave shall be converted to months of medical insurance at the rate of
one month's premium for employee and dependent coverage for each day of
unused sick leave as adjusted herein.
For each year that an employee has been employed by the City in excess of ten
years, the employee shall be entitled to add 2 1/2% to the 50% before converting
the unused sick leave to months of insurance.
7.2 The City shall pay up to the City's liability for medical insurance premiums for
retiree and dependent. Alternatively, the employee may at his or her option choose
to have a cash reimbursement for sick leave at the rate of one-third (1/3) of base
pay per hour. Sick leave hours will be converted on the same basis as in Article
.7.1.
7.3 In accordance with the sick leave conversion provisions, a surviving dependent
may at his/her own expense continue medical insurance at the employee only
premium for the same period as if the employee had not died.
Ipdnw9R.dox
MOU - CITY OF LOL ND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995-1998
7.4 Represented employees who retire on a service retirement shall have the option of
purchasing, at the employee's cost, additional medical insurance sufficient to reach
age 65.
7.5 Out of area retirees may receive reimbursement for medical insurance premiums up
to the City's liability as specified in Section 7.2.
7.6 The City agrees to modify it's 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 hires, however, it is the only sick leave
conversion benefit available to employees hired after the effective date of this
MOU. 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
7. 1, the City will report they have zero hours of unused sick leave.
ARTICLE VIII - MEDICAL INSURANCE
8.1 The City will provide the medical insurance plan provided by Foundation Health
known as Summit V. If changes are made in the coverage of this plan by
Foundation Health LPDA will be notified immediately. The City agrees to assert
as much pressure as possible on Foundation Health to maintain the same level of
benefits as in the current plan, Summit Series V.
8.2 The City agrees to pay the following sum for this benefit:
Employee $150.90
Employee and Dependent 5356.15
The City and LPDA agree if the Federal or State Government mandate changes in
the present health care delivery systems the City and LPDA shall reopen the MOU
to meet and confer on the issue of health care.
8.3 The City will provide at City expense a pharmaceutical plan. The employee will be
responsible for a $10 co -payment on prescriptions.
8.4 The city agrees to pay all increased costs of premiums for employees and
dependents for the term of this agreement.
8.5 The City agrees to pay 80% of the first $750 of chiropractic and chronic physical
therapy costs per fiscal year.
Ipdn,o98.aoc
MOU - CITY OF LODI D LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995- 1998
8.6 The City will maintain a flexible spending account to conform to IRS regulations
to be used for premium contributions, dependent care, and/or unreimbursed
medical payments for unit members.
8.7 Only one family member may carry employee and dependent coverage of City
sponsored medical insurance.
8.8 If an employee has no dependents $25.00 per pay period will be placed in the
employee's deferred compensation account.
8.9 If an employee opts not to be covered by medical insurance an additional $100 per
month will be deposited into the employee's deferred compensation account .
ARTICLE IX - DENTAL AND VISION INSURANCE
9.1 Effective August I, 1988 the City agrees to pay the full cost for employee dental
premium and one-half the premium for dependent for the present dental plan.
9.2 The City agrees to 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.
ARTICLE X - WORKERS' COMPENSATION
10.1 The City and LPDA mutually agree that when an employee is compelled to be
absent from work due to injuries or illness arising out of and in the course of his or
her employment, the City will pay full compensation to any represented employee
who becomes eligible for benefits under Workers' Compensation laws for the
period of the time between the injury and the first day of eligibility for benefits.
With the determination that the injury or illness is compensable in accordance with
Workers' Compensation benefit criteria, the employee upon receiving said benefits
paid by Workers' Compensation will also receive compensation from the City in
such an amount that when added to the Workers' Compensation payment will
equal his or her 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.
10.2 In the event an employee is injured or otherwise becomes disabled by contact with
a prisoner or member of the public in the course of employment, the employee
shall be eligible for the following benefit:
a) I st - 3rd day - full pay_
Ipdni(M.doc
MOU - CITY OF LO` IkND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995- 1998
b) 4th up to one year - City shall supplement the Workers' Compensation
payment using only the sick leave, vacation, and holiday earned during the
period of disability to the extent that the employee shall receive his or her
regular salary. In the event an employee is deemed to be permanent and
stationary in accordance with the workers' compensation system, they will be
placed on the LTD program.
10.3 For purposes of eligibility for LTD, application will be automatically entered on
the date of injury.
10.4 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.
ARTICLE Xi - LEAVES OF ABSENCE
11.1 The City and the LPDA mutually agree that inability to return to work after an
employee's sick leave has been exhausted shall be considered an urgent and
substantial reason for the granting of a leave of absence in accordance with the
Administrative Policy Manual
11.2 The City interprets this Section as providing that the conditions under which an
employee shall be restored to employment on the termination of leave of absence
shall be stated as clearly as possible at the time by the City in conjunction with the
granting of the leave of absence. The City reaffirms its policy that an employee's
status as a permanent employee is not impaired by such leave of absence.
11.3.1 City employees who are working are entitled to use sick leave, vacation leave,
administrative leave, or long-term disability leave for disabilities caused or
contributed to by pregnancy, miscarriage, childbirth, and recovery therefrom on
the same terms and conditions governing leaves of absence for other illnesses or
medical disabilities. Such leave shall not be used for child care, child rearing, or
preparation for childbearing, but shall be limited to those disabilities as set forth
above. The length of such disability leave, including the date on which the leave
shall commence and the date on which the duties are to be resumed, shall be
determined by the employee and the employee's physician; however, the City may
require a verification of the extent of disability through a physical examination of
the employee by a physician appointed by the City at City expense.
Ipdmo9R.doc
MOU - CITY OF LOG .ND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995-1998
11.3.2 Employees are entitled to leave without pay or other leave benefits for up to four
months because of pregnancy, miscarriage, childbirth, adoption, or recovery
therefrom. However, the City may require a verification of the extent of disability
through a physical examination of the employee by a physician appointed by the
City.
11.3.3 An employee on leave for pregnancy disability under this policy shall be entitled to
return to the same position, or to a position comparable to that held at the time the
leave commenced. A physician's release must be provided prior to an employee's
return to work.
11.3.4 An employee seeking pregnancy/disability leave shall be required to provide a
reasonable notice in writing (not less than four weeks) to the City of the
anticipated date upon which leave shall commence, although the commencement
date may vary according to the employee's actual disability. Employee must also
provide an estimate of the duration of the leave.
11.3.6 Employees who are placed in a Leave Without Pay status following the expiration
of sick leave, vacation, compensatory time off, administrative leave, or long-term
disability leave such that the employee is no longer in a pay status shall not receive
employer paid employment benefits except that all employees placed in Leave
Without Pay will continue to receive a three-month extension of medical coverage
following the month in which the employee is placed in such status.
ARTICLE XII - COURT APPEARANCES
12.1 An employee serving on Jury duty is entitled to keep any monies paid them for
Jury duty.
12.2 If an employee has jury duty he/she shall not be scheduled to work eight (8) hours
preceding or following jury duty at no cost to the employee.
12.3 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 his full pay while so doing
with no loss of time if he/she is on regular duty. If the employee is not on duty the
City agrees to compensate that employee at one and one half time his 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 his designee must be
notified in writing of the off duty appearance within seventy-two hours after the
employee is subpoenaed or otherwise notified of the required court appearance.
ipdmo9s.d„c
MOU - CITY OF LOD. ID LPDA 1995- 1998
LODI POLICE DISPATCHERS ASSOCIATION
ARTICLE XIII - EMPLOYEES RIGHTS
13.1 Individual bargaining unit -members may donate from their vacation or holiday
leave time up to eight 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 mutually agreed that additional members
may be absent. Five days advance notice of use of time shall be given.
13.2 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.
13.3 Any LPDA member who will be interviewed concerning an act which, if proven,
could reasonably result in disciplinary action he/she will be afforded the following,
safeguards:
a) LPDA member will be informed prior to the interview if the City believes the
LPDA member is a suspect in the investigation.
b) The LPDA member will be informed of the nature of the investigations and
allegations and afforded the opportunity to consult with a LPDA
representative prior to an interview. The LPDA member shall be allowed the
right to have an LPDA representative present during the interview.
c) The City shall make a reasonable food 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 13.3 a and b not
withstanding.
d) Interviews shall be done under circumstances devoid of intimidation, abuse, or
coercion. No more than two interrogators may be present at any one time.
e.) The employee shall be entitled to such reasonable intermissions as he/she shall
request for personal necessities.
f) If the City tape records the interview, the member also has the right to tape
the interview. If the interview is taped by either party that party must give
notice of its intention.
g) Interviews and investigations shall be concluded with no unreasonable delay.
h) The employee shall be advised of the results of the investigation and any
future action to be taken on the incident.
MOU - CITY OF LOG ND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995- 1998
i) When the investigation results in Departmental charges being filed against the
employee, the employee, upon request, will be fiirnished 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 will appear
against him or her and/or whose statements will be used against him or her.
13.4 The performance of each LPDA member shall be evaluated every six months.
Performance evaluations shall be based on work performance related criteria.
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.
After the evaluation is made. the eml- yee shall be given a copy. Either the
supervisor or employee ma,. quest meet and discuss the evaluation.
13.5 Each employee shall, durin_: )rmai
his/her own personnel file. the
copy ofany document plact-. .n th::
a list of all personnel files hc:..: by t:
promotion and disciplinary , ,,ons.
3iness hours have the right of access to
.oyee's request he/she s`Zall be provided one
.�ployee's file. LPDA r,,,�mbers will be given
'ity and any department personnel used for
An employee shall have the right to aect and review any official record relating
to his/her performance as an emplo%which is kept or maintained in the
employee's personnel file. The City ill provide an opportunity for the employee
to respond in writing to any inforina- ,i with which he/she disagrees. Such
response shall become a permanent ; t of the employee's personnel record. The
employee shall be responsible for pre ding the written responses to be included as
part of the employee's permanent record.
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, his/her designated representative having the
employee's signed authorization, and persons authorized by the City.
13.6 Employees will receive a copy of all materials placed in his/her file. Materials
placed in the employee's file which are written reprimands more than two (2) years
old will not be considered for purposes of promotion, transfer, special assignments
and disciplinary actions, except as to those disciplinary actions which show
patterns of misconduct as defined in the Department's Rules and Regulations.
Anything less than a written reprimand shall be purged from an employee's
personnel file after an evaluation is given.(every six months.) Requests to purge
personnel files are the responsibility of the individual involved.
12
1pdnio98.doc
MOU - CITY OF LOD. 41) LPDA 1995-1998
LOD[ POLICE DISPATCHERS ASSOCIATION
13.7 All special assignments available to LPDA members shall be posted and shall invite
letters of interest from LPDA members.
13.8 All special assignment positions shall be limited to 3 to 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 application 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 XIV - OTHER BENEFITS
14.1 The City agrees to pay the following uniform allowances:
Community Services Officer $ 150.00 per quarter
Dispatcher/Jailer $ 150.00 per quarter
Lead Dispatcher/Jailer $ 150.00 per quarter
14.2 The uniform allowance shall be paid in conjunction with regular pay checks in the
months of March, June, September and December and shall be for the previous
three (3) months.
14.3 In the event of pregnancy, maternity uniforms shall be required. Jailers shall wear
a navy blue maternity top with a navy blue or black maternity skirt or slacks;
Community Services Officers shall wear similar garments of a blue color.
14.4 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.
14.5 A $50 per month ($23.08 per pay period) incentive pay allowance shall be paid to
Community Service Officers who are trained in a Post Certified Field Evidence
Technician course and are on the call out roster for Field Evidence Technicians. .
14.6 Unit members who have demonstrated a proficiency in the Spanish language shall
receive $46.15 per pay period incentive pay. The City shall be the sole judge as to
13
Ipcinw9x.soc
MOU - CITY OF LOL ND LPDA 1995- 1998
LODI POLICE DISPATCHERS ASSOCIATION
whether a member has the necessary proficiency. The City reserves the right to
periodically require members receiving this benefit to requalify.
14.7 The City agrees to allow employees to continue to participate in the City's
Deferred Compensation plan as allowed by IRS Code 457(k).
14.8 A long term disability program, which, coordinated with other disability benefits,
shall provide a benefit of 66 2/3% of an employee's salary in the event of disability.
This program commences sixty days from the date of disability. In the event the
illness or injury results from work-related duties not covered under Section 10.2,
the program shall commence thirty days from the date of disability.
ARTICLE XV - PERS
15.1 The City agrees to provide the following retirement program and options and to
pay the employer's cost.
a) The 2.00% at 60 formula
b) Final retirement compensation based one the average monthly pay during the
highest 36 consecutive months of service.
c) 1957 Survivor Benefit
d) Increased ordinary disability benefits which provide under PERS a 30%
benefit after five years of service increasing to a maximum 50% benefit.
e) The third level of 1959 survivor benefits.
f) 50% survivor continuation in the event of death after retirement.
g) sick leave conversion
15.2 The City agrees to pay into each'employee's PERS account 7% of the employee's
base salary.
ARTICLE XVII - TUITION REIMBURSEMENT
17.1 The City shall provide $300 per fiscal year for tuition reimbursement or the cost of
tuition and books for two courses per semester for course work at a State
University beyond the level of an Associate of Arts degree, to be paid upon
satisfactory completion of job-related course work.
1.1
Ipcin .9s.doc
MOU - CITY OF LOD ND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995-1998
17.2 The City shall allow LPDA members the option of using the funds referenced in
Article 17.1 for work-related training seminars, symposiums, etc., that are not
reimbursable by the City. All training and time off for training must be approved
in advance by the department head.
ARTICLE XVIII - HOURS AND OVERTIME
18.1 Work schedules presently in effect shall remain in effect, however, the City
reserves the right to change the hours of work as stated above after consultation
with the employees involved. Notice of permanent changes to this schedule must
be given two weeks in advance. Temporary changes in this schedule must have at
least 24 hours notice.
18.2 The City agrees to implement a twelve hour work schedule for Dispatcher/Jailer
positions assigned to the Communication Center, with a one hour paid lunch and
two (2) fifteen minute breaks. The hours of operation shall be from 0700 to 1900
for day shift and 1900 to 0700 for graveyard. When fully staffed with 14 trained
Dispatcher/Jailers, there will be one overlap shift from 1500 to 0300 hours.
Alternative work schedules may be developed by mutual agreement between an
employee (s) and the appropriate supervisor.
18.3 It is mutually agreed to try an alternative schedule for the Community Service
Officers (CSO) assigned to the Telephone Reporting Unit, Patrol Division,
Partners and Investigations for the life of this MOU. Employees assigned to the
above mention units shall work a 9-80 schedule. The personnel participating will
have alternative Fridays off and on the Friday they work, they will work an eight
hour day.
It is mutually agreed that employees participating in this schedule will officially
begin their work week at noon Friday to avoid FLSA conflicts and/or overtime.
It is mutually agreed that in the event of unexpected staff shortages, this alternative
work schedule can be terminated with 72 hours notice.
It is mutually agreed that at the conclusion of this trial period, if this alternative
work schedule has proven to be beneficial to both the employees and the
organization, then a determination will be made as to whether or not to continue
this work schedule.
18.4 Overtime work is work performed by an employee outside his/her regular hours.
and includes time worked:
1) In excess of forty (40) hours in a work week for CSO's and eighty (80) hours
per pay period for Dispatchers. This provision may be nullified if a shift trade
is involved.
l5
MOU - CITY OF LOL IIID LPDA 1995-1998
LODI POLICE DISPATCHERS ASSOCIATION
2) In excess of eight (8) hours in any work day for those on an eight (8)hour
shift, in excess of nine (9) hours in any work day for those on a nine (9) hour
shift, and in excess of twelve (12) hours per day for those on a twelve (12)
hour shift
3) Time worked outside of regular hours of work on a work day unless
notification has been made in accordance with this MOU.
4) Time worked on a non -work day unless involved in a shift trade.
Such work shall be compensated at the overtime rate of one and one-half time
compensatory time off at the employee's option. Compensatory time off may be
accumulated to 240 hours and may be reduced to zero (0) at the request of the
employee with a ten (10) day notice to the department payroll clerk, to be paid on
the first Friday thereafter, unless requested to be paid on regular payroll check,
then it shall be paid the first payday thereafter. Use of the compensatory time off
shall be at the option of the employee, consistent with requirements of the city.
18.5 Employees who are required to report for prearranged work on their non -work
days shall be compensated at the overtime rate for actual hours worked, but in no
event shall they be paid for less than three (3)hours.
18.6 Rest Period: If an employee has worked for six (6) hours or more at the overtime
rate during the sixteen (16) hour period immediately preceding the beginning of his
or her regular work hours on a work day, he shall be given a rest period of eight
(8) consecutive hours at the completion of the overtime work. Compensation for
the eight (8) hour rest period shall be allowed at the straight time rate at no cost
to the employee. In the event a Supervisor or Watch Commander deems it
necessary for an employee to work through his/her rest period, the employee will
continue being paid at the overtime rate.
18.7 Compensation paid to employees called out in emergency situations, outside their
regular work hours, shall be a minimum of three hours pay at the overtime rate.
Additional call outs, during that day, shall be compensated at the overtime rate for
actual hours worked with a one (1) hour minimum. Only one call out between the
hours of 12:00 o'clock midnight and 12:00 o'clock midnight shall be compensated
at the minimum three (3) hour period.
18.8 When, at the request of the supervisor in charge, an employee reports for
prearranged overtime on work days outside of his regular work hours, he or she
shall be paid overtime compensation for actual worked time in connection
therewith, provided however, that if any such employee continues to work into his
regular work hours, lie shall be paid overtime compensation only for actual work
time up to his regular work hours.
16
IpdmoWdoc
MOU - CITY OF LOU .ND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995 - 1998
18.9 Communications Center Staffing
When staffing shortages occur in the Communications Center due to unforeseen or
exigent circumstances, Dispatcher/Jailers shall be called back to work under the
following guidelines. Staffing shortages shall be determined by the number of fully
trained personnel actually on duty in conjunction with the amount and type of
work actually needed or logically anticipated on any given watch.
Personnel shall be called for duty by or at the direction of the Watch Commander
responsible for the hours of duty to be worked. The three (3) hour minimum call
back time, as per this MOU, shall apply.
1) Personnel by Watch
The first option to work overtime shall be given to other Dispatchers/Jailers
assigned to the watch suffering the shortage who are on scheduled days off.
2) Seniority
The second option to work overtime shall be given to Dispatcher/Jailers
assigned in the Communication Center on scheduled days off by seniority.
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.
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 Commanders direction. Failure by dispatch to follow this procedure will
not subject the city to unwarranted overtime.
3) Vacations and Holidays
Vacation time shall not be canceled due to short-term staffing shortages
unless conditions exist which require a total departmental call -out. Holidays
shall be canceled in part or fully only as a last resort. In the event any part of
a holiday must be canceled, the employee shall be credited with an entire
holiday off and an overtime slip submitted for the actual time worked to be
paid at the time and one half rate.
17
1pdmo98.doc
MOU - CITY OF LOL_ .ND LPDA 1995-1998
LODI POLICE DISPATCHERS ASSOCIATION
4) Duties
Personnel called back for work shall perform all the regular duties required in
a regular work day and shall appear in uniform.
ARTICLE XIX - CITY RIGHTS
19.1 It is further understood and agreed between the parties that nothing contained in
this MOU shall be construed to waive or reduce any rights of the City, which
include but are not limited to the exclusive rights to:
a) decide the scope of service to be performed and the method of service
b) hire and/or otherwise determine the criteria and standards of selection for
employment
c) fire, demote, suspend or otherwise discipline for just cause
d) transfer employees from location to location and from time to time
e) lay off and/or relieve employees from duty due to lack of work or any other
legitimate reason
f) re -hire employees
g) determine the allocation and content of job classification
h) formulate and/or amend job descriptions
i) to determine the need for overtime work subject only to contrary provisions
of this MOU
j) merge, consolidate, expand, curtail or discontinue operation temporarily or
permanently in whole or in part, whenever in the sole discretion of the City
Mood business judgment makes such curtailment or discontinuance advisable
k) contract and/or subcontract any existing or future work
1) control the use of equipment and property by the City
m) determine the number, location and operation of headquarters, annexes,
substations and or division thereof
n) expand, reduce, alter, combine, assign or cease any job
Ix
Ipdmo9&.doc
MOU - CITY OF LOD...ND LPDA
LOD[ POLICE DISPATCHERS ASSOCIATION
1995-1998
o) schedule and assign the work to the employees and determine the size and
composition of the work force
p) determine the services to be provided to the public, and the maintenance
procedures, materials, facilities, and equipment to be used, and to introduce
new or improved serviced, maintenance procedures, materials, facilities and
equipment
q) take whatever action may be necessary to carry out the mission and
responsibility of the City and specifically the Police Department in unusual
and/or emergency situations
r) formulate, amend , revise, and implement standard operating procedures,
rules, and regulations regarding the operation of the Police Department_
s) establish, amend, revise and implement any programs, and or procedures
including an employee evaluation system
t) require employees to observe and obey the City's and Departmental policies,
procedures, ordinances, resolutions, rules and regulations.
However, the exercise by the City of the rights in the paragraph does not preclude
employees of their recognized employee organizations from filing grievances
regarding the practical consequences that decisions on such matters may have on
wages, hours, or other terms and conditions of employment.
ARTICLE XX - CHANGES IN MEMORANDUM
20.1 The parties agree to reopen this MOU and to renew meeting and conferring on the
subjects set forth herein during the term of this MOU only in the event that any
provision of this MOU is modified by statute, applicable regulation, or by order of
Court in such a way as to affect either the employees or the City. In such event, all
remaining provisions of the MOU would continue in full force and effect unless
and until they were also modified by statute, applicable regulation or order of
Court, or agreement of the parties.
ARTICLE XXI - NO STRIKES
21.1 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.
[9
Ipdmo9R.doc
MOU - CITY OF LODI AND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
ARTICLE XXII - MUTUAL CONSENT CONTINGENCY
1995 - 1998
22.1 This Agreement may be amended any time during its life upon the mutual consent
of the City and LPDA. Such amendment must be in writing and attached to all
executed copies of this Agreement.
ARTICLE XXIII - TERM
23.1 Covering the period from the beginning of the first pay period after July 1, 1995
through the pay period in which July 1, 1998 falls.
ARTICLE XXIV - SALARY
24.1 Effective the first pay period following July 1, 1995 all salaries shall be increased
by 4.0%. (Attachment A)
24.2 Effective the first pay period following July 1, 1996 all salaries shall be increased
by 2.0%. (Attachment A)
24.3 Effective the first pay period following July 1, 1997 all salaries shall be increased
by 3.0%. (Attachment A)
ARTICLE XXV - PROBATION
25.1 . A.11 appointments to positions in the classified service shall be subject to a
probationary period of 12 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 his or her 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 he or she has not satisfactorily
completed probation.
25.2 During the probationary period, all new hires shall have all the rights and privileges
afforded to other employees, except:
1) Vacation Leave - See Article IV for the vacation leave schedule.
2) The use of the Grievance Procedure to grieve termination.
20
ipcim9s.da
MOU - CITY OF LODE ,%ND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995- 1998
3) The City and the employee may mutually agree to extend the probationary
period for not more than 6 months. The LPDA shall be notified of all
extensions.
4) Probation shall be extended for the same time as any leaves of absence.
25.3 In the event an employee is promoted and is rejected by the appropriate
department head, he shall be reinstated to the position from which he or she was
promoted unless charges are filed and he or she is discharged. The seniority and
status of a rejected candidate shall continue as before.
ARTICLE XXVI - STATUS
26.1 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 months or
more seniority with the City in full-time employment, except as provided for
in Article XXV - 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 months of continuous full-time
service with City, a probationary employee shall be given the status of a
regular employee.
c) A temporary employee is an employee hired on a full-time basis to temporarily
fill a full-time position (at least 32 hours per week). Temporary employees
shall attain regular status after being employed for twelve continuous months.
ARTICLE XXVII - SENIORITY
27.1 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:
21
Ipdmu98.doc
MOU - CITY OF LODI AND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995-1998
a) inducted, enlists, or is called to active duty in the Armed Forces of the United
States or service in the Merchant Marine under any Act of Congress which
provides that the employee is entitled to re-employment rights,
b) on duty with the National Guard,
c) is absent due to industrial injury,
d) on leave of absence, or
e) absent due to layoff for a period of less than twelve consecutive months.
27.2 Seniority for purposes of shift selection, overtime, holiday selection and vacation
leave shall be defined as length of continuous service within the job classification,
except the city reserves the right to schedule and adjust manpower due to the
needs of the service.
2 7. 31 Seniority, as defined above, shall be the method utilized for shift selection and
vacation leave.
ARTICLE XXVIII - PROMOTION
28.1 The City and the LPDA mutually agree it is good personnel practice to make every
effort to promote from within, consistent with the best interests of the City.
ARTICLE XXIX - POLICY AND PROCEDURE MANUAL
29.1 In regards to the Policy and Procedure Manual (manual) and the City of Lodi
Administrative Rules (riles) the LPDA accepts the manual and rules as adopted in
the POA MOU for 1994-1996. In the future, the LPDA will represent it's own
interests in the regard_
ARTICLE XXX - LIFE INSURANCE COVERAGE
30.1 The City agrees to provide each covered member a $25,000 accidental death
policy in addition to any other life insurance policy or statutory payments that may
be due to an employee in the event of death resulting from a line -of -duty injury.
30.2 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 $1,000 at ale 95. In addition, a spouse shall be covered for $1,500 of
life insurance, and dependent children between the ages of 6 months and 23 years
22
MOU - CITY OF LODI AND LPDA
LODI POLICE DISPATCHERS ASSOCIATION
1995-1998
shall be covered for $1,500 insurance. Children between the age of 14 days and 6
months shall be provided with $100 life insurance.
ARTICLE XXXI CATASTROPHE BANK
31.1 A catastrophe bank will be made available for all represented employees who by
reason of illness or non -industrial injury exhausts all employee benefits. This bank
is funded by voluntary transfers of the dollar value of accumulated compensatory
time, vacation and/or other time accumulated to another employee. All such
transfers shall require approval of the City Manager or his designee.
Catastrophe is defined as being in a medically certified condition in which the
employee is incapacitated and unable to work due to a prolonged illness or
non -industrial injury which is estimated to last for at least thirty (30) calendar days.
23
Ipdmo98.doc
MEMORANDUM OF UNDERSTANDING
THE CITY OF LODI
AND THE
LODI POLICE DISPATCHERS ASSOCIATION
Robert Low
Dispatcher/Jailer
Date: // z 9 9 �
- \VJW
Jeffre i plireys
Dispatc a /Jailer
Date: I II*
Jennifer Barclay
Community Service Officer
Date: \
1995 - 1998
Joanne M. Narloch
Personnel Director
Date: ! 0 � S-91 s
(-/f
Larn,Hansen
Chic of Police
Date: 10 - 3 o - q -5-
Jcl Adam
Police Captain
Date: /d- &- ?s' -
ATTACHMENT A
TITLE
OCC RATE
A
B
C
D
E
Current
2,692.73
2,827.36
128 2,564.52
2,692.73
2,825.28
2,968.72
Community Service Officer- PD
109
1,910.42
2,005.91
2,106.25
2,211.55
2,322.14
Dispatcher/Jailer
126
2,236.60
2,348.44
2,465.88
2,589.16
2,718.62
Lead Dispatcher/Jailer
128
2,465.88
2,589.16
2,716.62
2,854.54
2,997.28
Lead Dispatcher/Jailer- Y Rated
129
3,332.93
3,332.93
3,332.93
3,332.93
3,332.93
Proposed 1 st year
Community Service Officer- PD
Dispatcher/Jailer
Lead Dispatcher/Jailer
Lead Dispatcher/Jailer - Y Rated
Proposed 2nd year
Community Service Officer - PO
Dispatcher/Jailer
Lead Dispatcher/Jailer
Lead Dispatcher/Jailer - Y Rated
Proposed 3rd year
Community Service Officer.- PD
Dispatcher/Jailer
Lead Dispatcher/Jailer
Lead Dispatcher/Jailer - Y Rated
109 4% 1,986.84
2,086.15
2,190.50
2,300.01
2,415.03
126 2,326.06
2,442.38
2,564.52
2,692.73
2,827.36
128 2,564.52
2,692.73
2,825.28
2,968.72
3,117.17
129 3,332.93
3,332.93
3,332.93
3,332.93
3,332.93
109
2% 2,026.57
2,127.87
2,234.31
2,346.01
2,463.33
126
2,372.59
2,491.23
2,615.81
2,746.58
2,883.91
128
2,615.81
2,746.58
2,881.79
3,028.10
3,179.51
129
3,332.93
3,332.93
3,332.93
3,332.93
3,332.93
109
3% 2,087.37
2,191.71
2,301.34
2,416.39
2,537.23
126
2,443.76
2,565.96
2,694.28
2,828.98
2,970.43
128
2,694.28
2,828.98
2,968.24
3,118.94
3,274.90
129
3,332.93
3,332.93
3,332.93
3,332.93
3,332.93