R-7457
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RESOLUTION NO. 7457{CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
THE SANTA MONICA POLICER OFFICERS' ASSOCIATION
WHEREAS, the City Administration and representative of
the Santa Monica Police Officers' Association have met and
conferred under the terms of Ordinance No. 801 (CCS) and have
reached agreement on wages and other terms and condi tions of
employment~ and
WHEREAS, section 2.06 of Ordinance No. 801 (CCS) of the
city of Santa Monica requires preparation of a writtem memorandum
of understanding between the administration and employees if an
agreement can be reached; and
WHEREAS, Section 2.06 of Ordinance No. 801 ceCS) further
provides that any such memorandum of understanding shall not be
binding unless and until presented to the governing body for
determination; and
WHEREAS, the purpose of this memorandum of understanding
is to promote and provide harmonious relations, cooperation, and
understanding between the city and the santa Monica Police
Officers' Association;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES RESOLVE AS FOLLOWS:
Section 1: The city council of the City of Santa Monica
does hereby approve and authorize the city Manager to execute the
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Memorandum of Understanding executed by the Santa Monica Police
Officers' Association, a copy of which is attached hereto.
Section 2: The city Clerk shall certify to the adoption
of this Resolution and thenceforth and thereafter the same shall
be in full force and effect.
APPROVED AS TO FORM:
~ \.-. ~
ROBERT M. MYERS
city Attorney
(dft.pms, "resopoa")
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I hereby certify that
3rd day of June, 1987.
Adopted and approve
----
Mayor
Resolution No. 7457(CCS)
was duly adopted by the city Council of the City of Santa Monica
at a meeting thereof held on June 23, 1987 by the following
Council vote:
Ayes: Councilmembers:
Finkel, Jennings, A. Katz, H.
Katz, Reed, Zane and Mayor Conn
Noes: Councilmembers:
None
Abstain: Councilmembers:
None
Absent: Councilmembers:
None
ATTEST:
~-,
==----~
--L ~
(' I -X c-">
-~~ting....c~ Cle,rk
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SANTA MONICA, CALIFORNIA
SANTA MONICA POLICE OFFICERS' ASSOCIATION
AND
TABLE OF CONTENTS
PAGE #
ARTICLE/SECTION NUMBER
ARTICLE I:
GENERAL PROVISIONS
( 1) 1.01:
( 4) 1.02:
(15) 1.03:
(13) 1.04:
( 2) 1.05:
( 5) 1.06:
( 6) 1.07:
( 4) 1.08:
( 7) 1.09:
( 9) 1.10:
( 8) 1.11 :
(11) 1.12:
(18) 1.13:
(14) 1.14:
(17) 1.15:
(16) 1.16 :
ARTICLE II:
(23 ) 2.01:
(49) 2.02:
(30) 2.03:
(54) 2.04:
2.05:
2.06:
(59) 2.07:
(51) 2.08:
(53) 2.09:
(52) 2.10:
(58) 2.11:
( 56) 2.12:
(57) 2.13:
(50) 2.14:
(21) 2.15:
Parties to Memorandum................... 3
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . 3
Term of Agreement....................... 3
continuation of Terms................... 3
Ratification............................ 4
Recognized Employee Association Name.... 4
Scope of Representation................. 4
Full Understanding, Modification & Waiver..5
Management Rights Reserved.............. 5
Peaceful Performance of city Services... 6
Validity of Memorandum of Understanding. 6
Captions for Convenience................ 7
Equal Employment........................ 7
Definitions............................. 7
Overpayment Remedy...................... 10
Payments at Termination................. 10
COMPENSATION
Effective Date of Pay Increase.......... 11
Salaries. III . . . . .. . . . . . . . . . . . . . . .. III . . . . . . . . . 11
Overt ime. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. . . . 12
Call-back Pay........... .. .. .. .. . .. . . . . . . . . . . .. . . . 12
Off-Duty Court Appearances.............. 13
Court Standby................................... 13
Beeper Pay.............................. 13
Longevity Compensation.................. 14
Educational Incentive................... l4
Marksmanship Bonus...................... 15
Motorcycle, Pilot, & Observer Pay....... 15
Bonus for 5/8 Employees................. 16
Bi-Lingual Pay................................... 17
Promotional Pay Rate.................... 17
Y-Ratinq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
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ARTICLE III: SUPPLEMENTAL BENEFITS
(34)
(35)
(36)
(31)
(32)
(33)
(38)
(39)
(37)
(42)
(42)
(35)
3.01:
3.02:
3.03:
3.04:
3.05:
3.06:
3.07:
3.08:
3.09:
3.10:
3.11:
3.12:
3.13:
Medical and Dental Insurance............ 19
Retiree Insurance....................... 21
Optional Insurance program.............. 23
Retirement. ill . " . " . " . " . " . " . . " . " " " . " .. . " . . . " 23
Tuition Reimbursement................... 24
Deferred compensation................... 24
Equipment Provided/Reimbursed........... 24
Uniform Allowance. . . . . . . . . . . . . . . . . . . . . . . 25
Mileage Reimbursement................... 25
sick Leave Buy-Back..................... 25
Sick Leave Bonus........................ 27
Filming Ass ignment. . . . . . . . . . . . . . . . . . . . . . 27
Health Incentive Bonus.................. 28
ARTICLE IV: LEAVES
( 40)
(41)
(42)
( 46)
(43)
(44)
(45)
(46)
4.01:
4.02:
4.03:
4.04:
4.05:
4.06:
4.07:
4.08:
ARTICLE V:
paid Holidays... . . . . . . . . . . . . . . . . . . . . . . . . 29
Vacation Leave..."."..."....".".""".".." 30
Sick Leave." "" ." "."..."."."."....".".".. 30
Leave of Absence Without Pay............ 33
Bereavement Leave....................... 33
Military Leave.......................... 33
Workers. Compensation Leave............. 34
Parental Leave.......................... 34
WORKING CONDITIONS
(19)
(22)
(20)
(26)
(25)
(60)
5.01:
5.02:
5.03:
5.04:
5.05:
5.06:
Safety" ... " . " . " .. " " " . " ,. " . . . " " " " . " " " . . " " " " " . 35
Effect of Job Performance on Salary..... 35
Employee parking........................ 36
Vacation/sick Leave Notification........ 36
Weapons Discharge Review................ 36
Use of Civilian Employees and Volunteers..36
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
(10)
(12)
(27)
(24)
( 48)
(28)
(29)
6.01:
6.02:
6.03:
6.04:
6.05:
6.06:
6.07:
Payroll Deductions...................... 38
Reasonable Notice....... . . . . . . . . . . . . . . . . 38
Agency Shop....~........................ 38
Presidentts shift....................... 39
Time Off for SMPOA Business............. 40
Grievance & Complaint Procedure......... 41
Court Reporter. . . . . . . . . . . . . . . . . . . . . . . . . . 42
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ARTICLB I:
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SANTA MONICA POLICE OFFICERS' ASSOCIATION
CITY OF SANTA MONICA
GENERAL PROVISIONS
l.Ol.
1.02.
1.03.
1.04.
Parties to Memorandum
This Memorandum of Understanding (MOU) has been prepared
pursuant to the terms of Ordinance No. 801 (CCS) of the
ci ty of Santa Monica, which ordinance is hereby
incorporated by reference as if fully set forth herein,
and has been executed by the city Manager on behalf of
the city and by the Santa Monica Police Officers
Association (SMPOA), on behalf of employees occupying the
line-item position classifications set forth in Exhibit A
which is attached hereto and made a part hereof.
Purpose
The parties agree that the purpose of this MOU is: to
promote and provide harmonious relations, cooperation and
understanding between the city and the employees covered
herein i to promote an orderly and equi table means of
resolving differences which may arise under this
memorandum, and to set forth the full agreements of the
parties reached as a result of meeting and conferring in
good faith regarding matters within the scope of
representation for employees represented by SMPOA.
Term of Agreement
This agreement shall be effective on July 1, 1987 and
shall remain in full force and effect until June 30,
1989. It shall be automatically renewed from year to
year thereafter unless either party notifies the other in
writing not later than March 1, 1989 (or in the event of
an automatic renewal March 1 of the following year) that
it desires to terminate or modify this agreement, and
specifically indicates requested modifications. In the
event that such notice is given, negotiations shall begin
no later than April 15th with a signed contract desired
by June 1st.
Continuation of Terms
The wages, hours of work and other terms and conditions
of employment covered by this MOU, including those wages,
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1.05.
1.06.
1.07.
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hours of work and other terms and conditions of
employment in existence prior to this MOU although not
specifically referred to by this MOU, shall constitute
the wages, hours of work and other terms and conditions
of employment for the term of this MOU.
Ratification
This MOU is of no force or effect whatsoever unless or
until ratified and approved by the membersship of the
SMPOA and ratified and approved by resolution duly
adopted by the City Council of the city of Santa Monica.
Recognized Employee Association Name
The SMPOA is hereby acknowledged as the Recognized
Employee organization represently only the permanent
line-item employment position classifications set forth
in Exhibit A (which is attached hereto and made a part
hereof) pursuant to Section 3.04 (c) of Ordinance No. 801
(CCS) . It is the mutual understanding of the parties
hereto that acknowledgement of the SMPOA as the
recognized employee organization:
A.
in such
from
their
Does not preclude employees
position classifications
themselves individually in
relations with the city.
B. Does not preclude or restrict the right of
management officials to meet and consult with
employees in such employment position
classifications concerning their employment
relations with the City.
employment
representing
employment
C. Does not pend t (and hereby expressly prohibits)
employees occupying the employment position
classifications of Police Lieutanent and Police
Captain from representing the SMPOA.
scope of Representation
The scope of representation of the recognized employee
organization shall include all matters relating to
employment conditions and employer-employee relations
including, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representation shall not include
consideration of the merits, necessity, or organization
of any service or activity provided by law or executive
order and that the scope of representation shall be
exercised or performed in compliance with the provisions
of Ordinance No. 801 (CCS).
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1.08.
1. 09.
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Full Understanding, Modification and Waiver
The parties agree that each has had full and unrestricted
right and opportunity to make, advance, and discuss all
matters properly wi thin the scope of representation as
outlined in Section 2.05 of Ordinance No. 801 (CCS).
This MOU constitutes the full and complete agreement of
the parties and there are no others, oral or wri tten,
except as specified in this agreement. Each party, for
the term of this MOU, specifically waives the right to
demand or petition for changes herein, whether or not the
subjects were known to the parties at the time of
execution hereof as proper subjects within the scope of
representation as outlined in section 2.05 of Ordinance
No. 801 (CCS).
Management Rights Reserved
The City retains all rights not specifically delegated by
this agreement, inclUding, but not limited to, the
exclusive right to:
A.
Direct, supervise,
discipline, discharge,
and retain employees.
suspend,
schedule
hire, promote,
transfer, assign,
B. Relieve employees from duties because of lack of
work or funds, or under conditions where continued
work would be inefficient or nonproductive.
C. Determine services to be rendered, operations to be
performed, utilization of technology, and overall
budgetary matters.
D. Determine the appropriate job classifications and
personnel by which government operations are to be
conducted.
E. Determine the overall mission of the unit of
government.
F.
Maintain and improve the efficiency
effectiveness of government operations.
and
G. Take any necessary actions to carry out the mission
of an agency in situations of emergency.
H. Take whatever other actions may be necessary to
carry out the wishes of the public not otherwise
specified above or by collective agreement to the
extent the City acts in a legal manner in compliance
with State law.
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1.10.
1.11.
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Peaceful Performance of City services
A. It is mutually understood and agreed that
participation by any employee in a strike or a
concerted work stoppage terminates the employment
relationship in the absence of specific written
waiver of such termination by an authorized
management official.
B. It is mutually understood and agreed that none of
the parties hereto will participate in, and/or
encourage, assist or condone any strike, concerted
work stoppage, cessation of work, sloW-down,
sit-down, stay-away, illegal picketing or any other
illegal form of interference with or limitation of
the peaceful performance of city services. In the
event of any such action, the city has available to
it any and all remedies provided by law.
C. The protection of the pUblic health, safety and
welfare demands that neither the employee
organization, and its members, nor any person acting
in concert with them, shall cause, sanction, or take
part in any strike, walk-out, sit-down, slow-down,
stoppage of work, picketing, retarding of work,
abnormal absenteeism, withholding of services, or
any other illegal interference with the normal work
routine. The provisions of this article shall apply
for the same term as this agreement, or during any
renewal or extension thereof.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
E. Both parties agree to exercise good faith in
complying with the terms and conditions of this MOU.
F. The Personnel Director shall review the compliance
with this MOU at least once every six months.
G. The provisions of this Section shall apply for the
same term as this MOU or during any renewal or
extension thereof.
Validity of Memorandum of Understanding
If any provision of this MOU is determined to be invalid
or illegal by a court of competent jurisdiction, or
should any change be made in any Federal or state law, or
in any rules and regulations implementing such
legislation, or in any City Charter provision herein
contained, then such provision shall be superceded and
severed from this MOU, and shall be replaced by a
substitute benefit or provision of equal value or worth,
with the remainder of this MOU to remain in full force
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1.12.
1.13.
1.14.
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and effect. The parties hereto shall immediately meet
for the purpose of determining the precise nature and
form of such substitute benefit or provision for the
purpose of replacing any such invalid or illegal
provision.
captions for convenience
The captions herein are for convenience only and are not
a part of this MOU and do not in any way limit, define,
or amplify the terms and provisions hereof.
Equal Employment
It is agreed that a balanced work force can enhance the
Pol ice Department's relations with the communi ty . The
city and SMPOA will fully comply with the letter and
spirit of all applicable Federal, state and local laws,
rules and regulations governing equal employment
opportunity and with the City's current Affirmative
Action Program and current policy on Sexual Harassment,
which are incorporated by reference herein. The city and
SMPOA will strive to achieve a workplace free of bias and
neither party will support or condone manifestations of
prejudice by employees covered hereunder.
Definitions
The following definitions are to be applied in the
interpretation of this MQU:
A. "salary Range" shall mean the normal five step (A
through E) hourly or monthly pay scale (and the
bi-weekly equivalent) assigned to each employment
position classification within the city work force
based upon the fOllowing amounts of service in the
position:
step
A
B
C
D
E
Amount of service
During first year
During second year
During third year
During fourth year
After fourth year
The above step progression shall be subject in all
cases to the provisions of section 5.02 herein.
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B. "Salary Range steps A Through E" for each employment
position classification within the city work force
shall mean and be established to bear the following
percentage relationship to Salary Range step E
computed to the nearest dollar.
Step A - 81% of Step E
step B - 85% of step E
step C - 90% of Step E
step D - 95% of Step E
step E - 100%
c. "Nearest Dollar" shall mean the next lower dollar
when the computed amount is 50 cents or less and the
next higher dollar when the computed amount is 51
cents or more.
D. uLine-Item Positionl1 shall mean a position which is:
(1) specifically itemized in the personnel schedule
of the annual budget of the City of Santa Monica and
(2) eligible to accumulate vacation, sick leave and
other time off in proportion to the percentage of
the full-time forty (40) hour week.
E. "Permanent Employeel1 shall mean:
(1) A person who is legally an incumbent, including
a probationary employee, of a line-item position; or
(2) A former legal incumbent of a line-item position
on authorized leave of absence from a regularly
budgeted position which position is held for the
employee pending the employee's return.
The term "permanent employee" shall not be construed
to imply a guarantee of continued employment.
However, no permanent employee shall be denied the
right to those due process protections appropriate
to his/her status under the Municipal Code and City
Charter and applicable state law.
F. "Date of Entrance Anniversary" shall mean the date
which recurs annually after the date of entry into a
position in the classified service of the City of
Santa Monica, ei ther by original employment,
re-employment or promotion. The date of entrance
for employees with broken service shall be
considered as the date on which the last unbroken
service was effective.
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G. nSatisfactory servicell shall mean the attainment of
not less than ffOverall Satisfactory" on the
performance report immediately preceding the
employee's date of entrance anniversary.
H. "Full-time Work Week II shall mean forty (40) hours.
(1) The aforementioned work week includes all time
spent, if any, for meal periods and briefing
time as directed and assigned by the city. No
extra compensation shall be granted for any
work performed during said meal periods or
briefing sessions, if any, and during said
periods officers shall be subject to the
direction and control of the Ci ty . The ci ty
may hold voluntary briefing periods at which
attendance is not required. No compensation
shall be provided for attendance at any such
voluntary period, unless otherwise required by
applicability of the Fair Labor Standards Act.
(2) Incumbents of line-item positions employed in a
work week less than that defined as the
fUll-time work week shall be compensated in
that proportion of the compensation for
full-time employment as the number of hours
budgeted for that position bears to the
full-time work week; incumbents of line-item
positions employed in a work week greater than
that defined herein shall be compensated for
hours in excess of the full-time work week on
the basis of and in accordance with the
provisions of section 2.03 hereof relating to
overtime.
(3) Incumbents of line-item positions regularly
working less than the full-time work week shall
accrue vacation, sick leave and other time off
in the same ratio as the average number of
hours they work per week is to the full-time
work week for the position occupied.
I. IIBase SalaryU shall mean the employee I s salary and
does not include longevity, overtime, bonuses,
educational incentives, etc.
J. "Effective Salary" shall mean the employee's salary
and longevity.
K. "Regular Rate of payU shall mean the employee's base
salary plus longevity, educational incentive, 5/8
bonus, motorcycle/pilot/observer bonus, shoot pay,
agent pay, FTO pay, and any other supplemental pays
required to be included by the Fair Labor Standards
Act (FLSA), should FLSA be applicable to employees
covered herein.
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1.15.
1.16.
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L. "Pay" shall mean compensation for regular hours
worked, sick leave, bereavement leave, vacation,
holidays, and/or jury duty.
M. "In Pay status" shall mean receiving pay.
N. "Completed calendar Month of service" shall mean a
calendar month in which an employee has been in pay
status for at least eleven eight hour days or the
equivalent number of hours.
Overpayment Remedy
Permanent employees covered herein shall reimburse the
city for any overpayment of wages or benefits. Said
reimbursement shall not be required until the City
notifies the affected employee in writing. If the
overpayment was not the result of fraud or
misrepresentation by the employee, the overpayment shall
be reimbursed by payroll deductions over a time period
equal to the time period the overpayment was made, or by
any other reasonable repayment method mutually acceptable
to the city and the employee. If the overpayment was the
resul t of fraud or misrepresentation, the overpayment
shall be reimbursed by immediate lump-sum payroll
deduction(s). In any event a lump-sum deduction shall be
required if the next subsequent employee payroll warrant
is the final or termination warrant issued to the
affected employee.
Payments At Termination
When permanent employees covered herein leave the service
of the City of Santa Monica they shall be entitled to
lump sum payoff of unused vacation days, unused
compensatory time (through September 30, 1985 only) and
unused "bankedtt holidays as defined in section 4.01. No
claim shall be made against the City for the use or
payoff of unused sick leave, nor shall the effective date
of termination be extended by use of sick leave, vacation
or deferred holidays.
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ARTICLE II: COMPENSATION
2.01.
2.02.
Effective Date Of Pay Increase
Notwithstanding
salary-related
effective on the
to the effective
any other provision contained
changes provided herein shall
first day of the payroll period
date stated herein.
herein,
become
closest
Salaries
Salaries of city employees in line-item positions shall
be on a monthly rate, paid on a bi-weekly basis. In lieu
of the bi-weekly equivalent to the monthly rate, the City
Manager may fix the compensation of any position at an
hourly rate. In positions for which the work week is
forty (40) hours, the hourly rate shall be determined by
dividing the bi-weekly rate by eighty (80)
A. Effective July 1, 1987, the salary ranges shall be
adjusted by 3% to:
Police officer 2580 2707 2866 3026 3185
Police Sgt. 3020 3169 3355 3542 3728
Police Lt. 3481 3653 3868 4083 4298
Police captain 3972 4168 4414 4659 4904
In addition to the adjustment made in 2.01 (A) , the
salary ranges shall be increased as follows:
B. Effective January 1, 1988 -- 2%.
c. Effective July 1, 1988 -- 3.5%.
D. Effective January 1, 1989 -- 2%.
E. Effective April 1, 1989 -- all salary ranges shall
be increased, if necessary, by the percentage
equivalent of the amount required to cause the total
compensation, as defined below, of the
classification of Police Officer to be the second
highest of the total compensation paid to employees
at top step of a comparable classification in the
following local police departments: Torrance,
Beverly Hills, Inglewood, Gardena, Culver City,
Pasadena, Glendale, Compton, Burbank, and Redondo
Beach. For the purposes of this provision, total
compensation shall be calculated by adding to the
base salary, the value of any portion of the
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2.03.
2.04
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employee's retirement contribution which the
employer has agreed to "pick up" plus the maximum
amount which any such employee may receive over and
above base salary for educational incentive, uniform
allowance, and longevity bonuses.
Overtime
Overtime shall mean work by employees occupying regularly
authorized line-item positions in any employment position
classification covered herein in excess of the employees
regularly assigned work day or in excess of forty (40)
hours in one week, provided such hours of work have had
the prior approval of an authorized departmental
management official. Except as provided below, all
authorized overtime shall be compensated for by cash
payment based upon one and one-half (1-1/2) times the
hourly rate equivalent of the employee f s monthly
effective salary computed to the nearest one-tenth of an
hour, except that in lieu of the effective salary, the
regular rate of pay shall be used for all overtime if the
provisions of the Fair Labor Standards Act (FLSA) are
applicable to employees covered herein.
SUbject to the fOllowing limitations, each employee may
elect to receive up to 40 hours per fiscal year of
overtime compensation, after conversion to premium time,
in the form of compensatory time off benefits in lieu of
a cash payment. Employees assigned to a 5/8 work
schedule, other than motor officers, may only convert
overtime earned as 1) a result of working beyond the end
of a regular work shift, 2) because of a shortage of
personnel and/or 3) as a result of special
investigations, and the 4th of July. Employees assigned
to a 4/10 work schedule and motor officers may only
convert overtime earned as a result of court overtime.
All such compensatory time off benefits must be utilized
during that same fiscal year. Any such benefits not
utilized during that fiscal year shall be compensated by
a cash payment at the conclusion of that fiscal year.
The utilization of time off benefits shall be
accomplished in the same manner and subject to the same
terms and conditions as the use of vacation benefits.
Call-Back Pay
ShOUld a supervisor determine that it is necessary to
call back any full time employee after his or her normal
working hours to perform work, the employee shall be paid
the applicable overtime hourly rate of pay for all hours
actually worked but in no event shall the employee
receive less than the equivalent of two (2) hours pay (at
an hourly rate equal to one and one-half times the then
current hourly rate); except that for pre-arranged
details, said minimum shall be for four (4) hours pay as
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2.05
2.06
2.07.
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described above. This section shall not apply to
overtime resulting from an extension of the regular work
shift, court appearances, court standby, or filming
assignments.
Off-Duty Court Appearances
If an employee appears in court while off-duty in
response to a subpoena or directive in relation to a
matter that arose during the course and scope of
employment, the employee shall receive a minimum overtime
compensation of three (3) hours pay at the rate of one
and one-half times the employee's applicable hourly rate.
Court Standby
Whenever an employee has been placed in an on-call or
standby status while off duty in response to a subpoena
or directive in relation to a matter that arose during
the course and scope of employment, the employee shall
receive compensation as follows:
A. For the first court session (either morning or
afternoon) during a calendar day, the employee shall
receive an amount equal to two (2) hours of
compensation at the straight time rate;
B. For the second court session on that calendar day,
the employee shall receive compensation on an hour
for hour basis at the straight time rate.
Beeper Pay
The four employees assigned as homicide investigators,
hit and run investigator and investigative supervisor who
are required to carry beepers while off-duty, shall
receive $.35 per off-duty hour or the same rate paid to
agents, whichever is higher. The bonus shall not apply
to hours that the employee is out of beeper range.
Any reassignment resulting in the discontinuance of the
bonus shall not constitute a demotion under City Charter
Section 1110 and Municipal Code section 2105.
The SMPOA shall not assert, nor represent or provide
representation to any member in asserting, that the
discontinuance of the bonus constitutes a demotion under
City Charter section 1110 and Municipal Code Section
2105.
The SMPOA agrees that loss of these benefits through
elimination of the requirement that an employee carry a
beeper does not constitute punitive action within the
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2.08.
2.09.
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meaning of the Public safety OfficerJs Procedural Bill of
Rights Act, Government Code section 3500, et. seq.
Longevity Compensation
Each employee covered hereunder shall receive additional
monthly compensation at the rates and for the service
periods set forth in the following table:
% Payment
2.7%
5.4%
8.1%
Years of continuous Service
OVer five (5) years to ten (10) years
Over ten (10) years to fifteen (15) yrs
Over fifteen (15) years
Educational Incentive
As an incentive for educational advancement, the City
shall pay an amount equal to three percent (3%) of the
applicable base salary after attainment of an
Intermediate Certificate from the state commission on
Peace Officers Standards and Training (POST) or
attainment of an AA or AS degree in Police Science or a
related field from an accredited cOllege or university;
or an amount equal to six percent (6%) of the applicable
base salary after attainment of an Advanced certificate
from the state Commission on Peace Officers Standards and
Training (POST) or attainment of a BachelorJs degree in
Police Science or a related field from an accredited
college or university.
All employees in the classifications covered by this MOU
who commence employment with the city after June 30, 1977
must satisfy one of the following requirements within any
fiscal year in order to maintain his or her right to
continue to receive appropriate educational incentive
bonuses during the next following fiscal year.
In order to receive the above incentive pay, the employee
must also:
A. Successfully complete three or more semester units
(4-1/2 quarter units) of college instruction at an
accredited college or university each contract year:
or
B. Receive at least forty (40) hours of training at a
Department-authorized school or combination of
schools each contract year. This would include
schools attended by officers while on duty as well
as various Department-authorized professional
seminars available during Off-duty hours; or
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2.10.
2.11.
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c. Participate, and successfully complete, a
Department-sponsored research project, at least once
each contract year, which has been authorized and
approved by the Administrative Services Bureau: or
D. successfuly complete a course of instruction, each
contract year, authorized by the Administrative
Bureau, that is at least one semester in duration.
This course may be offered by either a public or
private institution and may include such courses as
those offered in adult education classes at the high
school level. An example of an authorized class
would be Introduction to Computers or Typing.
Marksmanship Bonus
Employees covered hereunder who, on a regular qualifying
date, attain and maintain a required degree of
proficiency in marksmanship shall be eligible to receive
a monthly bonus on the following schedule of compensation
and qualifying scores.
Marksman
Sharpshooter
Expert
Distinguished
220-239 out of possible 300 pts.
240-269 out of possible 300 pts.
270 or above out of possible 300
1710 pts. out of 1800 over a six-
month period
16.00
$2.00
4.00
8.00
Weapon used to qualify shall be an approved 38 Special
Smith and Wesson, or Colt, double action revolver, or
other authorized weapon. Bonus payments shall be
continued for six months after qualifying.
Range ammunition of up to 90 rounds per month shall be
provided upon the request to employees covered herein for
practice on the range.
Motorcycle, Pilot and Observer pay
A. Employees covered herein who are assigned to the
motorcycle detail or as pilot for the police
aircraft, shall receive a bonus pay of $150.00 per
month. If such employees are assigned to a 5/8 work
week the terms of Section 2.08 shall apply. No
agent or FTO pay shall be made to employees in these
assignments, and the provisions of Resolution No.
6553 (CCS) are hereby superceded and shall no longer
apply.
B. Employees assigned as observers for the police
aircraft shall receive a bonus pay of $1.50 per each
hour actually spent in that capacity, provided that
on each occasion an individual is required to serve
in that capacity, she or he shall receive a minimum
bonus pay of $6.00.
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c. In addition, the City shall procure on behalf of
each person who serves as a pilot, crew member, or
observer for the police aircraft an accidental death
and dismemberment insurance policy which will
provide among other benefits a cash payment in the
sum of $100,000 to the designated beneficiaries of
any such employee who is killed as a result of an
on-duty accident while serving in any such capacity.
D. Any reassignment resulting in the discontinuance of
the bonus shall not constitute a demotion under city
Charter Section 1110 and Municipal Code section
2105.
E. The SMPOA shall not assart, nor represent or provide
representation to any member in asserting, that the
discontinuance of the bonus constitutes a demotion
under City Charter Section 1110 and Municipal Code
Section 2105.
F. The SMPOA agrees that loss of these benefits through
normal rotation of employees does not constitute
punitive action for the purposes of the Public
Safety Officer's Procedural Bill of Rights Act,
Government Code section 3500 et. seq.
2.12 Bonus for 5/8 Employees
Each employee covered by this agreement who is not
continually assigned to a 4/10 work schedule shall
receive for each pay periOd a bonus of $50.00 for such
assignment sUbject to the following:
A. The bonus is paid with the express understanding
that the bonus shall discontinue upon the
reassignment to a 4/10 work schedule.
B. Any reassignment resulting in the discontinuance of
the bonus shall not constitute a demotion under city
Charter Section 1110 and Municipal Code Section
2105.
C. The SMPOA shall not assert, nor represent or provide
representation to any member in asserting, that the
discontinuance of the bonus constitutes a demotion
under City Charter section 1110 and Municipal Code
Section 2105.
D. The SMPOA agrees that loss of these benefits through
normal rotation of employees does not constitute
punitive action within the meaning of the Publ ic
Safety Officer's Procedural Bill of Rights Act,
Goverment Code section 3500, et. seq.
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2.13.
2.14.
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E. Both parties acknowledge that the Chief of Police
retains the authority to freely assign police
officers to and from assignments on a 5/8 or 4/10
work schedule and that the bonus provided for in
this Section is designed solely to compensate police
officers for out-of-pocket expenses associated with
their 5/8 work schedule.
F. The bonus will be paid at a flat rate in each pay
period and does not increase the employee1s base or
effective rate of pay for purposes of computing sick
leave payoff or other pays. The bonus is included
in the employee's regular rate of pay.
Bilinqual Pay
Qualified employees who must meet the criteria set forth
herein shall receive a bilingual skill pay of $50.00 per
month. To receive bilingual pay the following criteria
must be met:
(1) The employee must be assigned to speak or translate
a language in addition to English. This may include
specialized communication skills such as sign
language.
(2) An employee must be in an assignment where he/she is
required to use such skills on a regular basis.
(3) To become qualified, an employee must be certified
as qualified through examination administered by the
Personnel Department.
An employee who has not been certified and qualified and
is not receiving bilingual skill pay will not be required
to utilize this skill except in an emergency situation.
If, during the term of this
pay is provided by the
bargaining unit, employees
the higher rate.
Agreement, a higher bilingual
City Council to any other
covered herein shall receive
promotional Pay Rate
In the event that the rate of pay being received by an
employee being promoted is equal to or greater than the
entrance salary of the new position, the employeers
salary shall be increased to the next higher rate to that
attained in the former position. In the event the
promotion is to a supervisory position, the employee
promoted shall receive not less than the next higher rate
above the highest rate being paid to subordinates.
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2.15.
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Y-Rating
When a personnel action, e.g, demotion due to layoff or
reclassification, resul ts in the lowering of the
incumbent employee's salary range, the incumbent
employee's salary may be Y-rated. nY-rated" shall mean
the maintenance of the incumbent employee's salary rate
at the level effective the day preceding the effecti ve
date of the personnel action placing the employee in a
lower salary range. The employee's salary shall remain
at such level until the salary range of the new
classification equals or exceeds the Y-rate salary.
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01. Medical and Dental Insurance
subject to the provisions of this section, the existing
fee-for-service plan, pre-paid health maintenance plans
and dental plans will be afforded to employees covered by
this agreement and eligible dependents, with the city to
pay 100% of the required premiums.
As soon as practicable following execution of this
agreement, the city shall contract with the Public
Employees 1 Retirement System (PERS) to make available to
those employees and their dependents and to eligible
retirees and dependents to the extent required by law the
health insurance benefits available under the Public
Employees' Medical and Hosptal Care Act, as set forth in
Section 22761, et seq., of the California Government Code
(hereinafter referred to as the PERS Program). The
health insurance benefits available under the PERS
Program shall replace the existing benefits available
under the fee-for-service plan and the pre-paid health
maintenance plans maintained through the city~ provided,
however, that the City shall continue to provide to all
employees covered by this agreement and eligible
dependents the benefits available under the existing
dental insurance plan maintained by the City, wi th the
City to pay 100% of those premiums.
The city shall contribute toward the payment of premiums
under the PERS Program on behalf of each eligible
employee and, to the extent required by law, each
eligible retiree annuitant, the sum of $16.00 per month.
This obligation shall replace the obligation of the city
to subsidize insurance premiums for retirees, as set
forth in section 3.02 of this agreement.
In addition, the City shall contribute on behalf of each
active employee toward a "cafeteria plan" the following
amounts for the 1987-88 fiscal year, the contribution
shall be the difference between (a) 100% of the actual
premiums for the employee or any dependents under one of
the following PERS Program options: 1) the optional plan
available through PERS only to peace officers and
dependents (hereinafter referred to as the PERS-PORAC
plan), 2) Health-Net, 3) Kaiser, or 4) CIGNA (Ross/Loos) ~
and (b) $16.00. If an employee chooses any other PERS
Program option, the employee shall pay any premiums in
excess of those attendant to the PERS-PORAC plan.
For the 1988-89 fiscal year, in the event that the PERS
Program makes available to employees under this agreement
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an optional pre-paid health maintenance plan available
only to peace officers and their dependents, the City's
contribution shall be an amount equal to the difference
between (a) 100% of the premiums attributable to such
employee and any covered dependents for health insurance
benefits under either PERS-PORAC Plans or any other
health insurance plan available under the PERS Program
with premiums less expensive than those attendant to any
PERS-PORAC Plan and (b) $16.00. Monies deposited into
the cafeteria plan shall be used for the payment of
premiums under any health insurance plan available under
the PERS Program. If an employee chooses a health
insurance plan available under the PERS Program that has
higher premiums than those attendant to either PERS-PORAC
Plan, the excess premiums shall be paid by the employee.
If no such pre-paid health maintenance plan option
available only to peace officers and their dependents is
made available to employees covered by this agreement
during the 1988-89 fiscal year, the city's contribution
shall be identical to the dollar amount required for the
1987-88 fiscal year as adjusted by the dollar amount, if
any, that the premium attendant to the PERS-PORAC plan
are increased at the applicable level (e.g., Employee
Only, Employee plus 1 Dependent, Employee plus 2 or More
Dependents, or composite).
The amount of the ci ty' s contribution to the cafeteria
plan shall be increased or decreased by the amount of any
increase or decrease in the premiums attendant to any
PERS-PORAC Plan or any other plan with less expensive
premiums than those attendant to the PERS-PORAC Plan, so
that, except as provided below, the amount of the
cafeteria contribution plus the $16.00 per month
contribution set forth above shall satisfy the full cost
of the premiums under the PERS-PORAC Plan or any other
plan with less expensive premiums.
If the city is required by PERS to make payments for
contingency reserves, SMPOA shall be responsible to
reimburse the City for 50% of those costs either (a)
through direct payment by SMPOA or (b) by reducing the
amount of the City'S contribution to the cafeteria plan
on behalf of active employees on a pro-rata basis by an
aggregate amount equal to one-half of the contingency
reserve payments.
The City shall be obligated to pay to PERS all of the
amounts required for administrative fees up to 7/10 of 1%
(.7%) of the total premiums for covered employees and
their dependents and retiree annuitants and qualified
dependents. If the amount required by PERS to be paid
for administrative fees should increase to a point that
exceeds 7/10 of 1% (. 7%) of those total premiums, the
SMPOA shall be responsible to reimburse the city for 50%
of those excess costs either (a) through direct payment
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3.02.
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by SMPQA or (b) by reducing the amount of the City's
contribution to the cafeteria plan on behalf of active
employees on a pro-rata basis by an aggregate amount
equal to one-half of the administrative fees payments in
excess of 7/10 of 1% (.7%) of the total premiums.
If during the term of this agreement the City shall be
required to pay an amount greater than $16.00 per month
for health insurance premiums on behalf of each retiree
annuitant and any eligible dependents, either (a) the
City shall be reimbursed for the aggregate increased cost
obtained by multiplying the amount of the required
contribution in excess of $16.00 by the total number of
retiree annuitants participating in the PERS Program (1)
by direct payment from SMPOA or (2) by reducing the
amount of the City's cafeteria contribution on behalf of
active employees, on a pro-rata basis, or (b) SMPOA shall
have the alternative option to cause the city to
discontinue to contract for insurance benefits with PERS
under the PERS Program and, instead, to allow all active
employees and eligible dependents to enroll in one of the
City's fee-for-service or pre-paid health maintenance
plans. In the event that SMPOA exercises this latter
option, the City shall pay 100% of the required premiums
under the City plans for employees and eligible
dependents and the City's obligation to subsidize
insurance premiums for retirees, as set forth in section
3.02 of this agreemet shall be reinstated with regard to
all retirees eligible thereunder.
Retiree Insurance
A. SUbject to the terms and conditions set forth in
paragraph B of this section, the city agrees to
subsidize insurance premiums for retirees to a
maximum amount of $100 per month during the term of
this agreement but not to exceed the premium
actually charged by the carrier on the following
terms:
1) Retirees must be enrolled and remain enrolled
in City group insurance plans or provide proof
of coverage in the conversion plans required by
certain carriers who provide City group
coverage.
2) The subsidy shall cease when the retiree
attains age sixty-five, deceases or fails to
pay required premiums, whichever first occurs.
3)
Retirees must acknowledge the
change plan des ign and/ or
acknowledge that the subsidy
the term of this agreement and
City'S right to
carriers, must
exists only for
must acknowledge
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that no "vestedll right to continued coverage or
subsidy exists.
4) Persons who retired prior to the effective date
of this agreement and received a cash payment
for unused sick leave at the time of retirement
shall not be eligible to receive this benefit.
S) The subsidy shall cease when the retiree is
covered by a similar health insurance plan
provided by his/her employer. Each retiree
shall provide the City with written
authorization to ascertain whether his/her
current employer is providing such insurance
coverage.
6) For the periods between July I, 1987 and June
30, 1988 and July 1, 1988 and June 30, 1989,
the subsidy shall cease when the employee t s
annual income (including PERS retirement income
but excluding income reSUlting from employment
with the City prior to retirement) divided by
12 exceeds the monthly base rate of pay as of
June 30, 1985 for the classification occupied
by him/her at the time of retirement as
adjusted by the percentage increase in the
revised Consumer Price Index for Urban Wage
Earners and Clerical Workers 1967 = 100 for the
Los Angeles/Long Beach Standard Metropolitan
statistical Area published by the Department of
Labor Bureau of Labor statistics as measured
from April 1986 to April 1987 and April 1987 to
April 1988 respectively. Employees whose
service retirement entitles them to a 75%
pension (those who have reached at least age 55
and have 27 or more years of service with the
City) may exceed the post-retirement income
limitation noted above by an amount up to $250
dollars per month without the Subsidy being
Subject to cancellation.
7) Each retiree must submit by June 1 of each year
during the term of this MOU, a copy of hiS/her
Federal Income Tax return along with copies of
any W-2 and 1099 Forms for the preceding
calendar year plus any information from PERS
regarding retirement income if that information
does not appear on the tax return.
B. The City'S obligation under Paragraph A of this
Section shall discontinue as soon as the health
insurance benefits available under the PERS Program
are made available to retirees covered by this
Section in the manner set forth in Section 3.01 of
this agreemnt; provided that if SMPOA exercises its
option under section 3.01 to cause the city to
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3.03.
3.04.
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terminate the obligation of PERS to provide health
insurance benefits to retirees under the PERS
Program, the obligations of the city under Paragraph
A of this section shall be reinstated in accordance
with the terms and conditions of Paragraph A.
Optional Insurance Program
A maximum of $40.00 per month per employee, payable in
equal installments on the first and second paycheck of
each month, shall be remitted by the City to SMPOA to
cover the cost of optional insurance programs if an
employee elects such insurance. SMPOA shall provide
proof of coverage for each employee receiving this
benefit and shall submit monthly statements to the
Finance Department detailing the amount to be paid on
behalf of each employee receiving this benefit.
Retirement
The City is a contract member of the Public Employee's
Retirement System, and it is understood and agreed that
such membership will be maintained and that employee
eligibility, classification, contributions, and benefits
are as prescribed in the contract between the City and
the Public Employee's Retirement System heretofore
approved by the city council. The city shall pay on
behalf of each permanent employee covered herein one
hundred percent (100%) of the individual employee's share
of the required retirement contributions to PERS (nine
percent (9%) of the employee's "compensation" as defined
by the Public Employee's Retirement Law, Government Code
section 20000 et seq.)
These payments are not increases of salary and no salary
range applicable to any of the affected employees shall
be changed or be deemed to have been changed by reason of
such payments; as a result, the city will not treat these
payments as ordinary income and thus, will not withhold
federal or state income tax therefrom. The city's
practice will be to report these payments as being those
of the employees so that they will be credited to the
particular employee's individual account with PERS.
It is agreed that if state and/or federal procedures
require reporting of these payments in any other manner,
the parties will abide by such requirements.
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3.05.
Tuition Reimbursement
The tuition reimbursement program is designed to
encourage employees to improve their jOb skills, to
increase their value to the city by pursuing courses of
study directly related to their work, and to assist them
in preparing for future promotion within the city.
Employees occupying the positions listed herein who
obtain a passing grade in a course or courses approved
for reimbursement by the police Chief and the Personnel
Director will receive reimbursement of the tuition costs
up to a maximum amount of $500 per fiscal year.
3.06.
Deferred compensation
It is hereby agreed that employees covered herein are
eligible to participate in the city's deferred
compensation plan.
3.07. Equipment Provided/Reimbursed
The city shall provide each newly hired officer with a
service revel ver , hol ster , ammunition, nightstick,
handcuffs, raincoats and rainboots, keys, mace and
holder, patches, helmet, leather belt, cuff case,
ammunition holder, baton ring, keepers, keyholder,
walkie-talkie accessories, vest, and coveralls for
certain assignments. Employees newly assigned as
motorcycle officers shall be provided with boots,
breeches, leather jacket, helmet, eye protection and
gloves. Employees newly assigned to beach detail shall
be provided on a reimbursement basis with shorts, T-shirt
and hat. Such equipment shall remain the property of the
City during its useful life. Replacement of these items
for all employees, other than in circumstances Where loss
or damage is due to the employeels negligence, shall be
at City expense. Should an employee be reimbursed by any
third party for damage to any of the above items, said
reimbursement shall be remitted to the city if the
employee has previously been reimbursed by the city.
In addition, the City will reimburse employees covered
herein for necessary replacement of one uniform shirt and
pants annually and one uniform jacket every five years,
in August provided that receipts are presented to the
Administrative Captain for approval at the time of
purchase. Each August, those employees not regularly
assigned to positions which require the daily wearing of
the prescribed patrol uniform shall receive, as an
alternative to the items set forth in this paragraph, an
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3.08.
3.09.
3.10.
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annual clothing allowance of $125.00, which allowance
shall be in addition to the uniform allowance afforded
under section 3.08 of this agreement.
Uniform Allowance
In addition to the benefits provided under section 3.07
of this agreement, each employee occupying a regular
full-time position in the employment position
classifications covered herein, shall receive a monthly
uniform maintenance allowance of $40.00. This allowance
along with the benefits available under Section 3.07 of
this agreement shall be in addition to and are not
intended to replace the rights of employees covered by
this agreement to secure payment or reimbursement for
items of clothing or other personal property lost or
damaged in the line of duty pursuant to section 2802 of
the California Labor code.
Mileage Reimbursement
Reimbursement to employees for the authorized use of
personal automobiles on City business shall be at the
rate established by the City Council.
Sick Leave Buy-Back
A. If an employee has 22 or more days of accumulated
sick leave at the end of any contract year, in the
first pay period of July of the following contract
year that employee may, if he/she is on the payroll
during that pay period:
(l) "Bank" unused sick leave provided that the 130
day limit referenced in "e", above, is not exceeded.
(2) Convert unused sick leave to payment based upon
the hourly rate equivalent of the monthly effective
salary on the 30th of June preceding the date of
payment computed to the nearest one-tenth of an hour
as follows:
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Less Than 10 Years Service 10 Or More Years service
# Days Used
Prior To
End of
Contract Year
'# Days Used
Prior To
End of
Contract Year
1# Days
Available
For Pay
o
1
2
3
4
5
6
6+
o
1
2
3
4
5
6
7
8
9
10
11
12
12+
6
5
4
3
2
1
o
o
1# Days
Available
For Pay
12
11
10
9
8
7
6
5
4.
3
2
1
o
o
(3) Elect on or before July 1, to receive payment
as computed in (2) above for one-hal f of the days
available for payment on the schedule in (2) above
and either ubanku the remaining one-half of the
available days for payment or convert the remaining
one-half of the available days for payment to
vacation time off on a day for day basis. Those
employees assigned to a 5/8 work schedule may
further elect to convert up to 3 additional days of
those days available for payment to vacation time
off on a day for day basis in lieu of receiving a
cash payment for those available days. Such
conversion to vacation shall be only for immediate
use and shall not accrue to the employee's vacation
balance. That is, such converted vacation days
shall be used during the contract year wherein the
option to convert is e.xercised provided that such
benefits shall not be forfeited when an employee has
made reasonable attempts to use them but has been
denied permission to do so by the Department in
which case the employee may carry the converted days
into the next contract year. Such converted
vacation days shall be used prior to the use of any
other vacation days.
(4) Elect on or before July 1, to cause the payment
available under the schedule in (2) above to be
deposited to his/her account with the City's
deferred compensation plan assuming the plan can be
so amended.
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Payment for unused sick leave as specified in (2)
and (3) above shall be made in a separate check
rather than in the employee's regular payroll check.
3.11.
sick Leave Bonus
In addition to the benefits provided above, any employee
subject to this MOU who qualifies for the above
provisions, shall receive a bonus of $250 if his/her sick
leave usage in a contract year is less than the average
sick leave usage for all employees subject to this
provision during the same contract year. The payment
will be made by separate check within 30 days after the
end of the contract year in question. In computing the
average, no employee shall be deemed to have used more
than 24 days of sick leave in the contract year,
irrespective of actual usage.
3.12 Filming Assignments
The parties hereto agree that full-time sworn Police
personnel (incl uding supervisors) of the Santa Monica
Police Department shall be exclusively assigned to
provide public safety for filming companies filming on
location within the Santa Monica City limits. Employees
so assigned shall receive a minimum of eight (8) hours
pay at overtime compensation for all hours worked, under
the terms of Section 2.03. The parties hereto agree that
the City may include as charges or fees to the filming
company administrative overhead costs. Such assignments
are expressly conditioned upon the filming company
agreeing to pay to the City all costs for and relating to
the assignment of such employee including, but not
limited to, worker's compensation insurance premiums for
the purpose set forth in this Article. Such employees
shall have the right to volunteer for this assignment by
causing their names to be placed on an availability list.
Assignments shall be made from that list on a rotating
basis. However, if an insufficient number of volunteers
are available from that list to serve a particular
project, the City may assign any such employees who are
willing to work such project. The Department shall
supply the necessary two-way radio communication between
the employee and the Pol ice station and transportation
from the station to the filming site. Subject to the
provisions of this ArtiCle, the administration of this
program shall be performed by the City at its discretion
and this Article shall be promulgated as Police
Department rules and regulations. Employees in the
classification of Police Officer shall receive a bonus of
$50.00 for each day assigned to movie overtime.
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3.13 Health Incentive Bonus
All employees who currently habitually smoke tobacco may
enroll in a non-smoking clinic designated by the city, at
the city's expense. As soon as any such employee has
demonstrated to the City that she or he has not smoked
tobacco for the past six months, that employee will
receive a one-time only bonus in the sum of $250.00. At
such time that all such employees qualify for that bonus,
and provided that no employee in the unit has resumed or
commenced smoking tobacco, each employee covered by this
agreement who has not already received a bonus pursuant
to this section shall receive a one-time only bonus in
the form of a cash payment of $250.00.
In addition, SMPOA agrees not to oppose the Police
Department if it should implement a policy to refuse to
hire persons who smoke tobacco.
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ARTICLE IV: LEAVES
4.01.
Paid Holidays
A. There shall be 12 paid holidays for permanent
employees covered herein, five of which shall be
floating holidays. The holidays shall be:
New Year's Day - January 1
*Dr. Martin Luther King's Birthday - Third
Monday in January
*Lincolnts Birthday - February 12
Washington'S Birthday - Third Monday in
February
Memorial Day - Last Monday in May
Independence Day - July 4
*Labor Day - First Monday in september
Veteran's Day - Fourth Monday in October
Thanksgiving Day - Fourth Thursday in November
Christmas Day - December 25
2 Floating Holidays
All Other Holidays Declared By The City council
(* FLOATING HOLIDAYS ONLY)
B. Whenever any day listed herein as a paid holiday
falls upon the first or second day off of any
employee who has two (2) consecutive days off, the
day preceding shall be deemed the holiday if it
falls on the first day off, and the day following
shall be deemed the holiday if it falls on the
second day off in lieu of the day listed. Whenever
any day listed herein as a paid holiday falls upon
any day off of an employee who does not have two (2)
consecutive days off, the following day shall be
deemed the holiday for such employees.
c. Employees shall be paid for such holidays in the pay
period in which the holiday falls based upon the
hourly rate equivalent of the monthly effective
salary computed to the nearest one-tenth of an hour
except as provided below or in Section 6.05.
D. Floating holiday hours must be taken off or
converted to pay prior to the end of the fiscal year
in which they are earned. If this time cannot be
used or is not converted to pay by the end of the
fiscal year, the value of those hours shall be paid
to the employee at the employee's base salary prior
to the negotiated increase for July 1 of the next
fiscal year. The use of floating holidays shall be
subject to the same approval as vacation time off.
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4.02.
4.03
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E. Subject to the provisions of 4.01(0), floating
holiday hours may be used at any time during the
fiscal year in which they are earned. If an
individual's employment terminates during the fiscal
year, the use and payment of floating holiday hours
shall be pro-rated.
Vacation Leave
Each permanent employee covered herein shall accrue
vacation leave with pay on the following basis:
A. Following completion of the first six calendar
months of continuous service, six (6) working days.
B. Thereafter, up to and including five completed years
of continuous service, one (1) working day for each
completed calendar month of service.
c. Thereafter, up to and including ten completed years
of continuous service, one and one quarter (1.25)
working days for each completed calendar month of
service.
D. Thereafter, up to and including fifteen completed
years of continuous service, one and one-half (1.5)
working days for each completed calendar month of
service; and
E. Upon completion of fifteen years of continuous
service and thereafter, one and three-fourths (1.75)
working days for each completed calendar month of
service.
F. vacation benefits may be accumulated to a maximum of
three times the particular employee's annual accrual
rate.
Sick Leave
Sick leave shall be defined as:
Absence from duty because of illness or off-the-job
injury, or exposure to contagious diseases as evidenced
by certification from an accepted medical authority,
medical or dental appointments of the employee or the
employee's dependent spouse or children which could not
be scheduled during non-work hours, with proper advance
notification to the department head, or illness or injury
of the employee's dependent spouse or children.
Each incumbent of a line-item position shall accrue sick
leave with pay on the following basis:
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A. Following completion of six (6) calendar months of
continuous service, six (6) working days.
Thereafter up to and including ten ( 10) completed
years of service, one ( 1) working day for each
completed calendar month of continuous service.
Upon completion of the tenth (lOth) year of service
and thereafter, two (2) working days for each
completed calendar month of service until the
employee attains a bank of sixty-five (65) days, at
which time the accrual rate shall drop to and remain
at one (1) working day per completed calendar month
of continuous service.
B. For all employees covered hereunder, sick leave
shall begin with the first day of illness.
c. The foregoing benefits are cumulative.
Total accumulation is limited to 130 days, except
that those employees who have heretofore accumulated
more than 130 days shall not forfeit such
accumulated sick leave days prior to use.
D. Full-time employment, for the purpose of this
Section, shall be construed as the forty (40) hour
week regardless of the hours actually worked in a
calendar week. A line-item position incumbent
employed less than forty (40) hours per week shall
accrue sick leave in proportion of the sick leave
for full-time employment as the number of hours per
week budgeted in that position bears to the forty
(40) hour week.
E. Department Heads shall be responsible to the city
Manager for the uses of sick leave. Department
Heads shall require proof of illness from an
authorized medical authority for sick leave in
excess of five (5) consecutive working days and may
require such proof for periods of less than five (5)
consecutive working days.
F. The Director of Personnel shall devise standardized
forms and procedures for the maintenance of sick
leave records.
G. The right to benefits under the sick leave plan
shall continue only during the period that the
employee is employed by the city. This plan shall
not gi ve any employee the right to be retained in
the services of the City, or any right of claim to
sickness disability benefits after separation from
the service of the city.
H. Notwithstanding anything contained in this Section,
no employee shall be entitled to receive any payment
or other compensation from the City while absent
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from duty by reason of injuries or disability
received as a result of engaging in employment for
monetary gain or other compensation, or by reason of
engaging in business or activity for monetary gain
or other compensation.
I. Any employee who is absent because of sickness or
other physical disability shall notify his
Department Head or other supervisor in accordance
with the Department's POlicy and Procedure Manual.
J. I f the employee's absence on sick leave exceeds
thirty (30) calendar days, employee must submit a
statement and medical certificate on an official
city form prior to his/her being granted
reinstatement to city service.
K. At the written request of the appointing authority,
the Personnel Director may require an employee to
submit to an examination by the City'S medical
examiner, and if the results of the examination
indicate that the employee is unable to perform
his/her duties or in the performance of hiS/her
duties exposes others to infection, the employee
shall be placed on administrative sick leave without
privilege of reinstatement, until adequate medical
evidence is submitted that the employee is competent
to perform hiS/her duties, or will not subject
others to infection. Any employee so examined shall
have the right to submit the reports of a competent
medical authority of his own selection, and at his
own expense, in addition to the report submitted by
the City medical examiner. In the event of a
confl ict of opinion and/ or recommendations of the
two examiners, a third examiner shall be selected by
the first two examiners, and a final decision shall
be made by the Personnel Board based on the three
reports.
L. Total accumulation as noted in D above is limited to
130 days. This limit shall apply to all employees
who have accumulated less than 130 days as of July
1, 1979. This limit shall also apply to employees
who as of July 1, 1979 have already accumulated more
than 130 days such that:
(1) No loss of currently accumulated sick leave
shall occur, and
(2) Sick days used shall be charged first to the
accrued days in excess of 130 days, and
(3) No further accrual shall occur until the
employee's bank drops below the 130 day limit.
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4.04.
4.05.
4.06.
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Leave Of Absence Without Pay
An employee may be granted a leave of absence without pay
upon application approved by the Department Head and the
City Manager. Such leave may not exceed one year's time.
Upon expiration of the leave, the employee shall be
reinstated to the position held before the leave was
granted, with full seniority except that when the leave
is for more than 30 days, seniority rights shall extend
only to the date of commencement of the leave. Such
leave shall be granted only in those cases where an
employee's record of service and qualifications make it
desirable for the City to retain the employeels services
even at the cost of some inconvenience to the city.
Bereavement Leave
Bereavement Leave of not more than five (5) working days
with pay shall be provided for absence from duty due to
the death of a member of the employee's immediate family,
meaning spouse, child, brother, sister, parent,
parent-in-law, step-parent, step-brother, step-sister,
son-in-law, daughter-in-law I grandparent, grandchild or
any other relative living in the same household.
Bereavement leave is not a part of sick leave and no
reduction of accumulated sick leave shall be made for the
use of Bereavement Leave.
Military Leave
A permanent employee covered herein, who in time of war
or national emergency as proclaimed by the President of
the United states or the Congress of the United states,
or while any national conscription act is in effect, is
inducted into the armed forces of the United states or
who leaves employment with the city to enter voluntarily
the armed forces and within a reasonable time after
leaving employment with the city does enter such service,
shall be granted a leave of absence without pay for the
duration of the period of active service with such armed
forces. If such employee receives an honorable discharge
or its equivalent, and the position still exists and the
employee otherwise is qualified to fill the same, the
employee shall have a right to return to the position
with the City within six months after the termination of
such active service but shall not have a right to so
return later than six months after the end of the war or
after the time the President or Congress proclaims the
national emergency is terminated, or after the expiration
of the national conscription act. Such an employee shall
receive seniority and other credits on the same basis as
though the employee had remained in the City service and
had not taken such military leave. Leaves of absence
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4.07.
4.08.
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with pay for temorary military duty shall be granted in
accordance with applicable federal or state law.
Worker's compensation Leave
Worker's compensation leave shall be in accordance with
applicable California state law.
Parental Leave
Employees who demonstrate that they have primary
responsibility for the care of a new child, shall be
entitled to a leave of absence totalling four months
immediately following the child r s birth or adoption and
shall be returned to the same line-item position occupied
prior to the leave upon its expiration. Paid vacation
leave, and sick leave if applicable, as well as unpaid
leave shall be counted toward the four month total.
Additional leave may be requested under the provisions of
this MOU governing leaves of absence without pay.
Primary responsibility may be established by providing
documentation that the employee's spouse is medically
incapacitated or that the spouse is gainfully employed
during hours the employee is normally scheduled to work
and no schedule change for the employee or spouse is
possible.
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ARTICLE V: WORKING CONDITIONS
5.01.
5.02.
Safety
The Ci ty shall provide a reasonably safe and heal thy
working environment in accordance with applicable State
and Federal laws, rules and regulations. SMPOA agrees
that where safety devices or items of protective
equipment are required or furnished, their use shall be
mandatory.
It is mutually agreed that a representative of SMPOA may
attend meetings of the Administrative Safety committee
when, in the opinion of such representative, a safety
hazard exists which should be considered by the
Administrative Safety Committee.
Effect Of Job Performance On Salary
The city Manager, in exceptional cases, based upon
specific appraisal of the importance and difficulty of
the work and the experience and ability of the person to
be employed, or of the incumbent, may authorize entrance
salaries higher than the minimum, and special increases
above the amount prescribed in the salary schedule for
the class and length of service of the incumbent. In no
event, however, shall the rate exceed the maximum rate
for that class.
Notwithstanding any provisions contained herein, there
will be no increase in wages of any kind as a result of a
NOT ACCEPTABLE rating on the employee's prescribed
periodic performance rating. There will be no subsequent
increases in wages until the NOT ACCEPTABLE rating has
been improved to at least the SATISFACTORY level. If
overall performance is rated NOT ACCEPTABLE, an employee
may be dismissed from service, and if two consecutive
performance ratings are marked NOT ACCEPTABLE, employee
shall be dismissed by appointing authority for
inefficiency (SMMC section 2104Al). Any overall rating
in the BELOW SATISFACTORY category may delay the next
scheduled salary step increase at the discretion of the
appointing authority. Such action shall remain in effect
until the overall rating has been improved to at least a
SATISFACTORY level.
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5.03.
5.04.
5.05.
5.06.
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Employee parking
It is hereby agreed that the City will make every effort
to maintain free parking as it presently exists for city
employees at City facilities. It is expressly understood
that this agreement is not made in perpetuity but,
rather, for the term of this contract.
Vacation/Sick Leave Notification
The city shall provide notification to each affected
employee on at least one occasion per month of the then
current balance of said employee's accrued sick leave and
vacation benefits and shall post on the bulletin boards
in the Department each month each employee's unused,
floating holiday benefits and earned and unused
compensatory time off benefits.
Weapons Discharge Review
The procedures for reviewing the discharge
shall be that procedure contained in
Departmentts Policy and Procedure Manual
effective date of this MOU.
of a weapon
the Police
as of the
Use Of Civilian Employees and Volunteers
in the
working
Police
with a
Non-sworn employees and volunteers
Department (except Level 2 reserves
regular sworn officer) shall not:
A. Routinely and knowingly interview or interrogate
suspects.
B. Act as primary investigating officer for the purpose
of prosecution or file cases with prosecutors,
except in regard to animal regulation and child and
sexual abuse cases.
C. Take any enforcement action other than to report a
situation to a police officer or the dispatcher,
except to issue parking citations, impound a
vehicle, control traffic or issue animal regulation
citations where those duties are consistent with an
employee's classification specification.
D. Replace sworn officers in overtime assignments
(including movies, beach detail, concerts, dances,
board and commission meetings) except those field
assignments where sworn officers have not been
routinely used and unless all sworn personnel have
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declined the overtime or unless the Chief of Police
determines that non-traditional deployment is
necessary.
Under the Chief of Police reserves shall be limited to
performing Level 2 and Level 3 duties even though
certified at Level 1 and shall be immediately supervised
by Police Department employees except in exceptional
circumstances.
Santa Monica Unified Radio Volunteers SURV volunteers may
be used in the field only to observe and report potential
police activity.
Volunteers other than reserves shall be limited to
traditional clerical duties and shall not take crime or
accident reports.
Nothing in this agreement restricts the continued use or
deployment of SMPD pOlice explorers and/or interpreters.
The restrictions noted above may be modified in cases of
emergency where common sense dictates exceptional
assignments.
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ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01.
6.02.
6.03.
Payroll Deductions
It is mutually understood and agreed that the City will,
subject to the provisions af Ordinance No. 801 (CCS) and
during the term of this MOU, deduct from the first and
second paychecks of each calendar month and remit to the
office or officer designated in the employee payroll
deduction authorization recognized employee organization
dues, credit union investments or payments, health and
hospitalization insurance premiums, and life and accident
and other insurance premiums.
Reasonable Notice
Reasonable written notice as defined in Section 3504.5
California Government Code shall be given on all matters
requiring such notice under said section.
Agency _ S;tl<?P
A. Each employee in the classification of Police
Officer as of July 1, 1987 and all new hires within
30 days of commencement of employment shall execute
a payroll deduction authorization form as furnished
by SMPOA, and thereby either 1) become and remain a
member in good standing in the SMPOA: or 2) pay to
the SMPOA a monthly service representation fee,
based on SMPOA's representation expenses accrued
during the term of this agreement.
B. If any such employee is a member of a bona fide
religion, body or sect which has historically held
conscientious objections to joining or financially
supporting public employee organizations, such
employee shall not be required to join or
financially support SMPOA, but, upon providing proof
of such conscientious Obj ection shall, in lieu of
joining or supporting SMPOA, be required to pay sums
equal to the amounts referred to above in paragraph
A(2) to a non-religious, non-labor charitable fund
exempt from taxation under section 501(c) (3) of the
Internal Revenue Code.
C. The City and SMPOA shall jointly notify all
employees in the classification of Police Officer
that they are required to pay dues or a service
representation fee as a condition of this section
and that such amounts shall be automatically
deducted from their paychecks. The religious
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6.04.
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exemption and the employees. rights under Government
Code section 3502.5 (Meyers-M1Iias-Brown Act, as
amended) shall also be explained. The cost of this
communication and the responsibility for its
distribution shall be borne by SMPOA.
D. It is agreed that the City assumes no obligations to
enforce the provisions of the above paragraphs
beyond implementing any valid payroll deduction
authorizations submitted by unit employees
authorizing the deduction of service fees or other
authorized payments to SMPOA, or amounts in lieu of
service fees to specified authorized charities.
Enforcement of the payments that employees are
obligated to make under the above paragraphs shall
be within the discretion and the sole responsibility
of SMPOA by way of civil court action against such
allegedly non-complying employee.
E. within 60 days after the end of each fiscal year,
SMPOA shall provide the City with detailed financial
documentation, which shall meet the requirements of
Government Code, Section 3502.5(d), and which shall
specifically include an itemization of all
expenditures by function or purpose and from which
it can readily by ascertained the proportion that
the costs of negotiation, administering the MOU, and
grievance processing bore to total union
expenditures.
F. It is recognized that SMPOA, as the exclusive
representative of all unit employees, is required to
represent all unit employees fairly and equally
without regard to association membership or
non-membership or their assertion of rights under
this MOU or the law.
G. Upon request by SMPOA, the city shall furnish the
association the name, date of hire, and salary of
all newly hired employees subject to this agreement,
along with verification of transmittals to any
charitable organizations.
President's Shift
If the President af SMPOA is a Police Officer, he/she
shall have the right to select the shift to which he/she
will be assigned during his/her term of office, provided
that more than one shift is applicable to the Officer's
assignment.
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6.05.
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Time Off For SMPOA Business
A. A maximum of four hundred (400) hours time with pay
will be allowed for each annual period of this
memorandum of understanding to employee
representatives as designated under section 4.02 of
Ordinance No. 801 (CCS) for lawful SMPOA business,
including preparation for and participation in meet
and confer negotiations with the City. Accounting
for and written prior approval of said four hundred
(400) hours paid time shall be maintained in the
office of the Chief of Police.
B. Employees covered herein shall receive pay for four
hours of holiday time for the July 4 holiday. The
City will credit the bank for SMPOA Business by an
amount equal to four hours for each employee in pay
status as of July 4.
The city shall make available to the Association, each
month, an accounting of the number of such holidays hours
(as well as the cumulative total of the particular fiscal
year) and of the total number of such hours of time-off
utilized by authorized Association representative during
such time periods.
Any unspent hours in the bank at the end of a fiscal year
shall be carried over for use in subsequent fiscal years,
including those hours in the bank Which were not used
prior to June 30, 1985.
Time spent in the conduct of meet and confer negotiations
in excess of that allowed by the term of Ordinance No.
SOl (CCS) (currently one representative for each 50
positions in the unit of representation as authorized by
the city Council is allowed time off with pay) shall be
charged to the bank. If during the term of this
agreement, the ci ty increases the number of employees
allowed time off wi th pay to meet and confer in good
faith for any other employee group over and above that
currently set forth in Ordinance No. 801 (CCS), that
increase will apply to SMPOA on the same terms as
applicable to such other group.
Said bank of hours shall be available to authorized
representatives of SMPOA for time off with full pay for
lawful Association activities but shall not be utilized
unless predesignated authorized representatives of SMPOA
submit a prior written request to utilize such time and
said request has been approved by the Chief of Police or
his/her predesignated representative.
The determination by the Chief of Police as to whether
the request shall be approved shall be based on the needs
of the Santa Monica Police Department.
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6.06.
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Grievance and Complaint Policy
In the event a,ny grievance, disputes or disagreements
arise concern2ng matters within the scope of
representation of the recognized employee organization,
such grievance, dispute or disagreement shall be resolved
as follows:
A. Grievances, disputes or disagreements concerning the
interpretation or application of the terms of this
HOU shall be resolved, if possible, by meeting and
conferring in good faith. If unresolved by such
meetings, the parties shall consider submitting such
issues to mediatian as provided by ordinance No. 801
(CCS). In the absence of agreement to mediate, or
failure of mediation, or arbitration by mutual
consent, the issue shall be resolved by an action in
a court of competent jurisdiction on motion by
either party.
B. Grievances, disputes or disagreements involving
removals, demotions, or suspensions shall be
resolved as provided by the civil service prOV2s~ons
of the santa Monica City Charter and Municipal Code.
Subject to the right to seek judicial review, both
parties agree that they will be bound by:
(1) A decision of the Personnel Board as to whether
the removal, demotion, or suspension was with
or without just cause.
e 2) A decision of the Personnel Board that the
removal, demotion, or suspension imposed by the
city was without just cause and that some
lesser degree of discipline should be imposed.
c. other grievances, disputes or disagreements shall be
resolved as provided by the civil service provisions
of the Santa Monica Municipal Code; provided,
however, that representation by the recognized
employee organization shall be limited to
grievances, disputes or disagreements which cannot
or have nat been resolved between the employee and
his immediate supervisor or the employee and his
Department Head.
Representation by the recognized employee organization
shall be limited, in this class of grievance, to
appearances before the lowest level of supervision not
represented by the employee organization, the department
head, Personnel Directorl and the City Manager.
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6.07.
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Court Reporter
In any disciplinary appeal under section 2105E of the
Municipal Code, the SMPOA may request that a Court
Reporter record the proceedings. The cost of the court
Reporter shall be shared equally by SMPOA and the City.
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IN WITNESS WHEREOF, the parties hereto have caused this
memorandum of understanding to be executed this day of
, 1987.
CITY OF SANTA MONICA
JOHN JALILI
City Manager
APPROVED AS TO FORM:
~ \.v-... ~
ROBERT M. MYERS
City Attorney
SANTA MONICA POLICE OFFICERS
ASSOCIATION
PRESIDENT
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