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R-8689 . . RESOLUTION NO 8689 (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 POLICE OFFICERS ASSOCIATION WHEREAS, the City administration and representatives of the Santa Monica PolLce Officers Association have met and conferred under the terms of Ord2nance No. 801 (CCS) and have reached agreement on wages, hours and other terms and conditions of employment; and WHEREAS, Section 2.06 of Ordinance No. B01 (CCS) of the City of Santa monica requLres preparat20n of a wr2tten Memorandum of Understanding between the adm2nistration and employees if an agreement can be reached; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) further provides that any such Memorandum of Understanding shall not be binding unless and unt21 presented to the govern2ng body for determination; and WHEREAS, the purpose of the Memorandum of Understanding 2S to promote and prov2de harmonious relations, cooperat20n, and understanding between the City and the Santa Monica Pol2ce Off2cers AssOc2atLon; . . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: Section 1. The C2ty Council of the City of Santa Monica does hereby approve and authorize the Clty Manager to execute the 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 adopt2on of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: ~~ J SEPH LAWRENCE Actlng City Attorney (KB "poall") . . Adopted and approved this 23rd day of November ,1993. f;,.f! ~ I hereby certify that the foregomg Resolution No. 8689 was duly adopted at a meetmg of the Clty Council on the 23rd day of November ,1993 by the followmg vote: AYES: Counc1lmembers Abdo, Genser, Holbrook, Olsen, Rosenstein, Vazquez NOES: ABSTAIN ABSENT: Counc1lmember Greenberg ATTEST' kffl~ ------ - - Clty Clerk I . . MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND SANTA MONICA POLICE OFFICERS ASSOCIATION TABLE OF CONTENTS ARTICLE I: ARTICLE/SECTION NUMBER GENERAL PROVISIONS 1.01: 1.02: 1.03: 1.04: 1.05: 1.06. 1.07. 1.08: 1. 09: 1.10: 1.11: 1.12: 1.13: 1.14: 1.15: 1.16: ARTICLE II: 2.01 : 2.02 : 2.03: 2.04: 2.05: 2.06: 2.07: 2 08: 2.09: 2.10: 2.11: 2.12: 2.13: 2.14: PAGEfI: Parties to Memorandum. . . " ..............3 Purpose. . . . . . . . .. ................... 3 Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . .3 Continuation of Terms.. . " ..............4 Ratification ...........................4 Recognized Employee Associat~on 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. 7 Captions for Convenience................ 7 Equ':ll . E~ployment. . . . . . . . . . . . . . . . . . . . . . . . .7 Def~n2t20ns. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Overpayment Remedy...... .............. ..10 Payments at Termination......... ...... ..11 COMPENSATION Effective Date of Pay Increase..... .... .12 Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Overt~me. . .. ........ . . . . . . . . . . . . . . . .14 Call-Back Pay............. ............ .15 Off-Duty Court Appearances........ .....15 Court Standby........................... 17 Beeper Pay.... . . . . . . . . . . . . . . . . . . . . . .18 Longev~ty compensation........ ...... .19 Educational Incentive......... ........ .20 Assignment Bonus... ................. .20 Motorcycle, Pilot, & Observer Pay.... .. .21 Bonus for Employees Not on 4/10 Work Schedule.......................... .22 Bilingual Pay........................... 23 Promotional Pay Rate. . . . . . . . . . . . . . . . . . . .24 1 11/1 3/~ ,; -: ~, f ~ 2.15: 2.16: 2.17: 2.18. . . Y -Rating. . . . . . . . . . . ., ..................24 Act ing Pay............ .. . . . . . . . . . . . . . .24 FTO Bonus.. . . . . . . . . . . . , . . . . . . . . . . . . 25 Performance Bonus Program Committee. ....25 ARTICLE III: SUPPLEMENTAL BENEFITS 3.01: 3.02: 3.03: 3.04 : 3.05: 3.06: 3.07: 3.08: 3.09 : 3.10: 3.11. 3.12 : Health Insurance Programs.... ....... ..26 Retiree Insurance.,. ......... ,. ,......, 28 Optional Employee Benefit Program...... .30 Retirement. . . . . . . . . . . . . . . . . . . . . . . . . .. ..30 Deferred Compensation.,. ,............. ..31 Equipment Provided/Reimbursed.... ..... ..31 Uniform Allowance......... ............ ..32 Mileage Reimbursement. .. ............ ..32 Sick Leave Buy-Back..... . . . . . . . . . . . . . .32 Sick Leave Bonus.................... . . . .34 Film~ng Ass2gnment. . . . . . . . . . . . . . . .. ....34 Health Incentive Bonus...... ..... ,. ,.35 ARTICLE IV: LEAVES 4.01: 4.02: 4.03: 4.04 : 4.05: 4.06: 4.07. 4.08: Paid Holidays.. . . . . . . . . . . . . . . . . . . . . . . . . .36 Vacation Leave... . . . . . . . . . . . . . . . . . . . . . . .37 Sick Leave. . . , . . . . .. ...................37 Leave of Absence without Pay.......... ..39 Bereavement Leave...... . . . . . . . . . . . . . . . . .40 Military Leave. . . . . . . . . .. . . . . . . . . . . . . .40 Workers' Compensation Leave........ .....40 Parental Leave...................... . . . .40 ARTICLE V: WORKING CONDITIONS 5.01: 5.02: 5.03: 5.04: 5.05: 5.06: Safety. . . . . . . . . . . . . . . . . . . . . .. .,.,.....,42 Effect of Job Performance on Salary. .. .42 Employee Park2ng...................... ..42 Vacat2on/Sick Leave Notificat2on. ...... .43 Conduct Review......................... .43 Use of Civ2lian Employees and Volunteers .. . . . . . . . . . . . . . . . . . . . . . . . . . .43 ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS 6.01: 6.02: 6.03: 6.04: 6.05: 6.06 : 6.07 : 6.08' Payroll Deductions.................. ...45 Reasonable Notice.. . . . . . . . . . . . . . . . . .. ..45 Agency Shop.. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Chairperson's Shi ft. . . . . . . . . . . . . . . . . . . . .46 Time Off for SMPOA Bus~ness............ .47 Grievance & Complaint Policy....... .....48 Court Reporter.......................... 49 New Police Department Facility........ ..50 2 . . SANTA MONICA POLICE OFFICERS ASSOCIATION CITY OF SANTA MONICA ARTICLE I: GENERAL PROVISIONS 1.01. Parties to Memorandum This Memorandum of Understanding (MOU) has been prepared pursuant to the terms of Ordinance No. 801 (CCS) of the City of Santa Monica, which ordinance is hereby lncorporated by reference as lf fully set forth herein, and has been executed by the City Manager on behalf of the City and by the Santa Monica Police Offlcers Association (SMPOA), on behalf of employees occupying the line-item position classif2cations set forth in Exhibit A which is attached hereto and made a part hereof. 1.02. Purpose The partles agree that the purpose of this MOU is: to promote and provide harmon2ous relations, cooperation and understanding between the City and the employees covered herein, to promote an orderly and equitable 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. 1.03. Term of Aqreement This agreement shall be effective on July 1, 1993 and Shall remain in full force and effect until June 30/ 1995. It shall be automatically renewed from year to year thereafter unless either party notifies the other in writing not later than March 1, 1995 (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 indlcates requested modificat20ns. In the event that such not2ce is g2ven/ negotiat20ns shall beg2n no later than April 15th with a signed contract desired by June 1st. The one exception to this provision is set forth in Subsection B of Section 2.02 (Salaries) of this agreement. 3 1.04. 1. 05. 1.06. l.O? . . Cont2nuation of Terms The wages, hours of work and other terms and conditions of employment covered by this MOU, including those wages, hours of work and other terms and conditions of employment 2n existence pr20r 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 th2s MOU. Ratification This MOU is of no force or effect whatsoever unless or unt~l ratified and approved by the membership of the SMPOA and ratified and approved by resolut~on duly adopted by the City Council of the City of Santa Monica. Recoqnized Employee Assoc~ation Name The SMPOA is hereby acknOWledged as the Recognized Employee Organization representing only the permanent line-item employment pos~tion classif2cations set forth in Exh2bit A (which is attached hereto and made a part hereof) pursuant to Section 3.04 (c) of Ord2nance No. 801 (CCS). It is the mutual understanding of the parties hereto that acknowledgment of the SMPOA as the recognized employee organization' A. Does not preclude employees position class2fications themselves individually in relat20ns with the City. such employment representing employment in from their 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. C. Does not permit (and hereby expressly prohib~ts) employees occupying the employment position classifications of Police L2eutenant and police Captain from representing the SMPOA. ScoDe of Representation The scope of representation of the recognized employee organization shall include all matters relating to employment conditions and employer-employee relat~ons including, but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include 4 2 08. . . Effective July 1, 1994, the following positions shall be el1gible to receive beeper pay in the amounts designated below. An employee holding one of the designated pOS2 tions will only be el2g2ble to rece2 ve the beeper pay for those weekends (48-hour periods) for which it is mandatory that the employee report back to work if he/she 1S paged. Employees who are called back to work under the provisions of this paragraph shall rece2ve overtime compensat20n, if appropriate, only for time actually worked with no minimum guarantee. The positions covered by this prOV2sion are as follows: one (1) crim1nal invest1gation supervisor; two (2) homicide 2nvestigators; one (1) sex cr2mes invest2gatorj one (1) supervisor of spec1al enforcement; and three (3) liabil2ty assessment team officers. The beeper pay bonus which will be paid under this provision is as follows: Police Officer $75.0Q/weekend (48-hour period); Police Supervisor $85.00/weekend (48-hour per20d). It will not be mandatory for employees other than those holding one of the positions designated in this provision who are provided a beeper by the Police Department to respond or report back to work 2f paged except 1n the event of a general call-back in the case of an emergency. Any reassignment result2ng in the discontinuance of the bonus shall not constitute a demotion under City Charter Section 1110 and Municipal code Section 2.04.630. The SMPOA shall not assert, nor represent or provide representation to any member 2n asserting, that the discontinuance of the bonus constitutes a demotion under City Charter Section 1110 and Municipal Code Section 2.04.630. 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 meaning of the Public Safety Officer's Procedural Bill of Rights Act, Government Code Section 3500, et. seq. Lonqevity Compensation Each employee covered hereunder shall receive additional monthly compensat20n at the rates and for the serV2ce per20ds set forth in the following table: % Payment Years of Continuous Service 2.7% 5.4% 8.1% Over five (5) years to ten (10) years Over ten (10) years to fifteen (15) years Over fifteen (15) years 19 2 09. 2.10. . . Educational Incentive As an 2ncentive for educat20nal advancement, the City shall pay an amount equal to six percent (6%) of the app12cable base salary after attainment of an Intermediate Certificate from the State Comm2ssion on Peace Officers Standards and Training (POST) or attainment of an AA Or AS degree, or the equivalent in terms of numbers of units and courses taken, in Police Science or a related field from an accredited college or university; or an amount equal to twelve percent (12%) of the applicable base salary after attainment of an Advanced Certificate from the State Commiss20n on Peace Officers Standards and Training (POST) or attainment of a Bachelor's degree in Police Science or a related field from an accredited college or univers~ty. Any employee who through inexcusable neglect fails to satisfy the minimum POST mandated training requirements shall be disqualified from receiving the benefits provided in this Section for a period of one (1) year following the disqualif2cation. Assiqnment Bonus A. All employees assigned to the invest2gations Division or the Narcotics/Vice sect20n shall receive an assignment bonus equal to five percent (5%) of the employee's base salary during the time the employee is assigned to work in that division/sect20n. B . Effective July 1, 1994, all employees holding a position ~n the job classification of Police Off~cer and Police Sergeant assigned to a Metro team shall rece~ve an assignment bonus equal to five percent (5%) of the employee's base salary during the time the employee is assigned to work on a Metro team. C. Any employee other than those who hold positions in the assignments listed 2n subsections A and B above who are currently recei iring an ass~gnment bonus shall be II grandfathered " and thereby continue to receive th~s assignment bonus as long as that employee continues to hold that pos2tion. Should the employee be given a new ass2gnment, the bonus shall be removed, and the employee who replaces that employee will not be entitled to receive the assignment bonus. 20 2.11. . . D Any reasSlgnment resulting 1n the discontinuance of the assignment bonus shall not constitute a demotion under City Charter Section 1110 and Municipal Code Section 2.04.630. E. The SMPOA shall not assert, nor represent or provide representation to any member in asserting, that the discontinuance of the assignment bonus constitutes a demotion under City Charter Section 1110 and Municipal Code Section 2.04.630. F. The SMPOA agrees that loss of these benefits through normal rotation of employees does not constitute punitive actlon within the meaning of the Public Safety Officers' Procedural Bill of R1ghts Act, Government Code Sectlon 3500, et. seg. Motorcycle, Pilot and Observer Pay A. Employees covered herein who are asslgned to the motorcycle detall or as pilot for the police aircraft, shall receive a bonus pay of $150.00 per month. If such employees are asslgned to a 5/8 work week the terms of Section 2.08 shall apply No agent or FTO pay shall be made to employees ln these assignments, and the provlsions of Resolution No. 6553 (CCSl are hereby superseded 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 requlred to serve in that capacity, she or he shall receive a minimum bonus pay of $6.00. C. In addition, the City shall procure on behalf of each person who serves as a pilot, crew member, or observer for the police alrcraft an accidental death and dlsmemberment insurance policy whlch wlll provide among other beneflts a cash payment in the sum of $100,000 to the designated beneficiar1es of any such employee who is killed as a result of an on-duty accident while serving in any such capacity. D. Any reassignment resultlng in the discontinuance of the bonus shall not constitute a demotion under City Charter Section 1110 and Munlcipal Code Section 2105. 21 2.12 . . E. The SMPOA shall not assert, nor represent or provide representatlon 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 Officers' Procedural Bill of R1ghts Act, Government Code Sectlon 3500 et. seg. Bonus for Employees Not on 4/10 Work Schedule Each employee covered by this agreement who 1S not continually assigned to a 4/10 work schedule, excluding employees receiving a bonus pursuant to Section 2.10, Subsection A, of this Agreement, shall receive for each pay period a bonus of $50.00 for such assignment subJect to the following: A. Thls 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 assignment bonus shall not const1tute a demotion under City Charter Section 1110 and Municipal Code Section 2105. C. The SMPOA shall not assert, nor represent or provide representat10n to any member in asserting, that the discontinuance of the assignment bonus constitutes a demotion under City Charter Section 1110 and Municipal Code Section 2.04.630. D. The SMPOA agrees that loss of these benefits through normal rotation of employees does not constitute punitive action wlthin the meaning of the Public Safety Officers' Procedural Bill of Rights Act, Government Code Section 3500, et. seg. E. Both parties acknowledge that the Ch~ef of Pol~ce retains the authority to freely assign pol~ce officers to and from assignments on any 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 working a schedule other than a 4/10 work schedule. F. The asslgnment bonus will be pa~d at a flat rate in each pay period and does not increase the 22 2.13 . . . employee's base or effective rate of pay for purposes of computing sick leave payoff or other pays. The assignment bonus is included in the employee's regular rate of pay. G. Effective January 1, 1994, the Chief of Police is willing to place those employees, other than Police Lieutenants and Police Captains, who are currently assigned to a work schedule different than the 4/10 on a 4/10 work schedule on a trial basis (Investigations Division, Office of Special Enforcement & Administration). The language regarding this tr1al work schedule program will be developed in collaboration with SMPOA, subject to sole and final approval by the Ch1ef of Police, speclfying a trlal period as well as operational and administrat1ve indices of performance which will be used as the basis for a determination by the Chief of Police as to whether or not the work schedules will be maintalned permanently. At the end of the trial period, in the event the Office of Special Enforcement (OSE) is the only work unit among those participating in the trial period wh1ch 1S not allowed to continue to work a 4/10 work schedule, employees holding a position 1n the Job classifications of Police Officer and Police Sergeant asslgned to OSE shall be entitled to receive a work schedule bonus equal to five percent (5%) of the employee'S base salary during the time the employee is ass1gned to work in the Office of Special Enforcement. If the OSE employees should be placed back on a 4/10 work schedule, the 5% bonus will be discontinued. In the event said bonus 1S paid, it shall be subject to the terms and conditions outlined ln subsections A through F listed above. Bilinqual Pay Qualified employees who must meet the criteria set forth here1n shall receive a billngual skill pay of $50.00 per month. To receive bilingual pay the following criter1a must be met: (1) The employee must be assigned to speak or translate a language in addition to English. This may include specialized communication sk1lls such as slgn language (2) An employee must be 1n an assignment where he/she is required to use such skills on a regular basis. 23 2.14. 2.15. 2.16 . . (3) To become qualified, an employee must be certified as qualified through examinatlon adminlstered by the Personnel Department. An employee who quallfies for bilingual pay under this Section because of Spanish language skills shall receive an additional $50.00 per month, for a total of $100.00 per month. An employee who has not been certified and qualif1ed and is not receiving bilingual skill pay will not be required to utilize this sk1ll except in an emergency situatlon. If, during the term of this Agreement, a higher bilingual pay is provided by the City Council to any other bargaining unit, employees covered herein shall receive the higher rate. Promotional Pay Rate In the event that the rate of pay being received by an employee being promoted is egual to or greater than the entrance salary of the new posit~on, the employee's 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 h1gher rate above the highest rate being pa1d to subordinates. Y-Ratinq When a personnel action, e.g., demotion due to layoff or reclassificat1on, results in the lowering of the incumbent employee's salary range, the incumbent employee's salary may be Y-rated. "Y-rated" shall mean the maintenance of the incumbent employee's salary rate at the level effectlve the day preceding the effective 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. Act1nq Pay Whenever an employee is directed to perform all of the duties and assume all of the respons~bilities of a higher classificat10n for fourteen (14), or more, consecutive work days, that employee shall be paid at the lowest salary step of the higher classif1cation which will result in a salary increase of at least 5% for all time worked in the higher classification. 24 2.17 2.18 . . FTO Bonus A. All employees regularly assigned as Field Training Officers shall receive an assignment bonus equal to five percent (5%) of the employee'S base salary. B. Any reassignment resulting in the discontinuance of the assignment bonus shall not constitute a demotion under City Charter Section 1110 and Municipal Code Section 2.04.630. C. The SMPOA shall not assert, nor represent or provide representatlon to any member in asserting, that the discont1nuance of the ass1gnment bonus constitutes a demotion under City Charter Section 1110 and Municipal Code Sectlon 2.04.630. D. The SMPOA agrees that loss of these benefits through normal rotation of employees does not constitute punitive actlon within the meaning of the Public Safety Officers' Procedural Bill of Rights Act, Government Code Section 3500, et. seq. Performance Bonus proqram Comm1ttee By no later than October 1, 1991, the parties shall convene a JOlnt committee to develop a performance incentive bonus program to be considered during negotiations for a successor agreement. 25 . . ARTICLE III: SUPPLEMENTAL BENEFITS 3.01. Health Insurance Proqrams Subject to the provisions of this Section, the City shall continue to contract with the Public Employees' 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 Hosp1tal Care Act, as set forth in Section 22761, et. seq., of the California Government Code (herelnafter referred to as the PERS Program) . The health insurance benefits available under the PERS Program shall replace any other health insurance benefits available under non-PERS Program health insurance benefits maintalned through the City; provided, however, that the City shall continue to provide to all employees covered by thls agreement, and eligible dependents, the benefits available under the existing dental insurance plan maintalned by the City, with the C1ty to pay 100% of the premiums for said dental insurance plan, provlded that employees and eligible dependents partlcipate in the City-provided dental insurance plan. For active employees and their dependents, the cost of coverage under the PERS Program shall be set at the beg1nning of each medical plan year and shall be a composite monthly insurance premium derived by dlviding (a) the total monthly prem1um, including adminlstrative fees in excess of 7/10 of 1% (7%) and 50% of any contingency reserves requ1red by PERS, for all active employees and dependents covered hereunder by (b) the number of active employees covered hereunder as of that date. The cost of coverage under the PERS Program for each retiree annuitant shall be the actual premium established by PERS for the type of coverage elected by the retiree annuitant The Clty shall contrlbute 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. In addition, each month the City shall contribute on behalf of each actlve employee toward a "cafeteria plan" the difference between (a) the actual premiums for employees and dependents under one of the PERS Program options, not to exceed a composite rate of $475.00, and (b) the $16.00 contribution set forth in Paragraph 3 of this Section. Any extra payment required under the PERS Program shall be paid either (a) through direct payroll 26 . . deduction by the employee electing such coverage or (b) by direct payment from SMPOA. Effective July 1, 1994, the maXlmum amount of the City's contribution to the cafeteria plan shall be lncreased by the difference between (a) the h1ghest medical insurance composite premium rate contribution "cap" established for any of the City's other bargainlng units for FY93-94 and (b) $475.00. Any extra payment required under the PERS Program shall be paid either (a) through direct payroll deduction by the employee electlng such coverage or (b) by direct payment from SMPOA. If the City is required by PERS to make payments for contingency reserves, 50% of those costs shall be included in the calculation of the composite monthly ~nsurance premium, and the City shall be obligated to pay the remainlng 50%. 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 thelr dependents and retiree annuitants and qualif1ed dependents If the amount required by PERS to be paid for administrat1ve fees should lncrease to a point that exceeds 7/10 of 1% (.7%) of those total premiums, those excess costs shall be included in the calculation of the composite monthly insurance premium. 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 ellgible dependents, either (a) the City shall be re1mbursed for the aggregate increased cost obtalned by multiplYlng 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 wlth PERS under the PERS Program and, instead, to allow all actlve and ret1red employees and eliglble dependents to enroll In one of the non-PERS Program med1cal insurance plans offered by the City. In the event that SMPOA exercises this latter option, the City shall pay the actual premiums for employees and dependents under a City-offered medical plan, not to exceed the highest composite insurance rate contribution "cap" established for any of the City's other bargainlng units during that fiscal year, and the City's obligation to subsidize 27 3.02. . . 1nsurance premiums for retirees, as set forth ln Section 3.02 of this Agreement, shall be reinstated with regard to all ret1rees eligible thereunder. Any extra paymEnt required under the City offered med1cal plan shall be paid either (a) through direct payroll deduction by the employee electlng such coverage or (b) by direct paymEnt from SMPOA. The C~ty agrees to continue to provide vision care insurance, at no cost, to employees covered hereunder. The City retains the r1ght to select the prOV1der and to set levels of coverage for sald vision care insurance plan. The City also retains the right to change the provider of said vision insurance plan and/or the level of benefits prov1ded under that plan without meeting and conferring. Retiree Insurance A. SubJect to the terms and conditions set forth in paragraph B of this sectlon, 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 Clty 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 requlred premiums, whichever occurs first. (3) Retirees must acknowledge the City'S right to change plan design and/or carriers, must acknowledge that the SUbS1dy exists only for the term of this agreement and must acknowledge that no "vested" right to continued coverage or subsldy exists. (4) Persons who retired prior to the effective date of thlS agreement and received a cash payment for unused sick leave at the time of retirement shall not be eligible to receive this benefit. (5) The subsidy shall cease when the retiree lS covered by a similar health insurance plan 28 . . provided by his/her employer. Each retiree shall provide the City w1th written authorization to ascertain whether hislher current employer lS provlding such insurance coverage. (6) For the purpose of this sectlon, "annual income" wlll be lncome earned durlng a fiscal year, from July 1 of one calendar year through June 30 of the next calendar year. This section will become effective for fiscal year July 1, 1985 through June 30, 1986 and for all subsequent fiscal years. The subsidy shall cease when the employee's annual income (including PERS retirement income but excluding income resulting from employment with the City prior to retirement) divlded by 12 exceeds the monthly base rate of pay as of June 30, 1985 for the classiflcation occupied by him/her at the time of retlrement as adjusted annually by the percentage increase in the revised Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Rivers~de-Anaheim, Cal1fornia, published by the U. S. Department of Labor Stat1stics for the base period of April to April preceding each f1scal year. 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-retlrement income limitation noted above by an amount up to $250 per month without the subsidy being subject to cancellatlon. (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 regardlng retirement income if that information does not appear on the tax return. B The City's obligation under Paragraph A of thls Section shall discontlnue as soon as the health insurance benefits available under the PERS Program are made avallable to retirees covered by this section in the manner set forth in Section 3.01 of this agreement, provlded that if SMPOA exercises its option under Section 3.01 to cause the City to terminate the obligation of PERS to prov1de health insurance benef~ts to retirees under the PERS 29 3.03. 3.04. . . Program, the obligat1ons of the Clty under Paragraph A of this section shall be re1nstated in accordance with the terms and conditions of Paragraph A. C. SMPOA shall have the option to cause the City to make contributions into a trust fund established by SMPOA in an amount or amounts designated by SMPOA. The trust fund will be established in accordance w1th applicable federal and state laws, and the monies contributed to the fund shall be on a pre- tax basis, if allowed by law. At the time any such contribution is made, the compensation of employees represented by SMPOA shall be reduced by an amount necessary to produce a cost savings to the City that equals the amount contributed. SMPOA shall designate the form of any such reductlon and the manner in which it will be accomplished. The monies contributed to the trust fund shall only be used for retiree health insurance premiums or health service expenses. Optional Employee Benefit proqram A maximum of $45.00 per month per employee, payable in equal installments on the first and second paycheck of each month, shall be remltted by the City to SMPOA to cover the cost of employee required contributions towards medical insurance premiums, as provided in Section 3.01, and/or the cost of optional insurance programs lf an employee elects such insurance. SMPOA shall provide proof of coverage for each employee receiving this benefit for optlonal insurance programs 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 lS a contract member of the Public Employee's Retirement System, and it is understood and agreed that such membership will be mainta1ned and that employee eligibility, classification, contributions, and benefits are as prescr1bed in the contract between the City and the Public Employee's Retirement System heretofore approved by the City Councll. Except as provided in Section 2.02, paragraph D, of this Agreement, the City shall pay on behalf of each permanent employee covered herein one hundred percent (100%) of the indivldual employee's share of the required retirement contributions to PERS [n1ne percent [9%) of the employee's 30 3.05. 3.06. . . "compensation" as defined by the Public Employees' 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 belng those of the employees so that they will be credited to the particular employee's lndividual account with PERS. It 1S agreed that if state and/or federal procedures requlre reporting of these payments in any other manner, the parties will abide by such requirements. As soon as possible following ratification of this Agreement, the City shall amend its contract with PERS to provide the following benefits: 1. Military Service Credit as Public Service, as set forth in Section 20930.3 of the California Government Code. 2. Third Level of 1959 Survivor Benef1ts as set forth in Section 21382.4 of the California Government Code. Deferred Compensation It is hereby agreed that employees covered herein are eligible to participate in the Clty'S deferred compensat1on plan. Equipment Provided/Reimbursed The City shall provide each newly hired officer with a service revolver, holster, ammunltion, nightstlck, handcuffs, raincoats and rainboots, keys, mace and holder, patches, helmet, leather belt, cuff case, ammunition holder, baton rlng, keepers, key holder, 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 employee's negligence, shall be 31 3.07. 3.08. 3.09. . . at City expense. Should an employee be reimbursed by any third party for damage to any of the above items, said reimbursement shall be rem1tted to the City 1f the employee has previously been reimbursed by the City. In addition, the C1ty will relmburse employees covered herein for necessary replacement of one (1) uniform shirt and pants, or, in lieu thereof, other department preapproved equipment of equal value, annually and one (1) uniform jacket every flve (5) 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 annual clothing allowance of $150.00, which allowance shall be in addition to the uniform allowance afforded under Section 3.07 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 hereln, shall receive a monthly uniform maintenance allowance of $40.00 This allowance along w1th the benefits available under Section 3.07 of thlS 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 Sect10n 2802 of the California Labor Code. Mileage Reimbursement Reimbursement to employees for the author1zed use of personal automobiles on City business shall be at the rate established by the City Council. Slck 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 helshe is on the payroll during that pay perlod: (1) "Bank" unused slck leave. 32 . . (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: Less Than 10 Years Service 10 Or More Years Service # Days Used # Days Used Prlor To #Days Prlor To # Days End of Ava1lable End of Available Contract Year For Pay Contract Year For Pay 0 6 0 12 1 5 1 11 2 4 2 10 3 3 3 9 4 2 4 8 5 1 5 7 6 0 6 6 6+ 0 7 5 8 4 9 3 10 2 11 1 12 0 12+ 0 (3) Elect on or before July 1, to receive payment as computed in (2) above for one-half of the days available for payment on the schedule in (2) above and either "bank" 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 add1tional days of those days available for payment to vacation time off on a day for day basis in lieu of receiv1ng a cash payment for those available days. Such converS1on to vacatlon shall be only for immediate use and shall not accrue to the employee's vacatlon balance. That lS, such converted vacation days shall be used dur1ng the contract year wherein the option to convert is exercised; 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 lnto the next contract year. Such converted vacation days shall be used prior to the use of any other vacation days. 33 3.10. 3.11 . . (4) Elect on or before July 2, to cause the payment available under the schedule in (2) above to be deposlted to his/her account with the City's deferred compensation plan assuming the plan can be so amended. Payment for unused sick leave as specified in (2) and (3) above shall be made 1n a separate check rather than in the employee's regular payroll check. Slck Leave Bonus Any non-probationary employee subject to this MOD shall receive a bonus of $250 1f his or her sick leave usage in a contract year is less than the average sick leave usage for all non-probationary employees subject to this MOD during the same contract year. The payment wlll be made by separate check within thirty (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 twenty-four (24) days of sick leave in the contract year, regardless of actual usage. Filminq Assiqnments The partles hereto agree that full-time sworn Police personnel (including supervlsors) 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 cond1tioned upon the filming company agreeing to pay to the City all costs for and relating to the ass1gnment of such employee including, but not limited to, worker's compensation lnsurance premiums for the purpose set forth in this Article. Such employees shall have the r1ght to volunteer for this assignment by causing their names to be placed on an availab1lity list. Assignments shall be made from that list on a rotating basis. However, if an insuff1cient number of volunteers are available from that list to serve a particular project, the City may asslgn any such employees who are willing to work such project. The Department shall supply the necessary two-way rad10 communication between the employee and the Police Statlon and transportation from the station to the fllming site. SubJect to the provisions of this Art1cle, the administration of this program shall be performed by the City at its discretion and th1S Article shall be promulgated as Police 34 3.12 . . Department rules and regulat1ons. Employees in the classification of Police Officer shall receive a bonus of $50.00 for each day assigned to movie overtlme. Health Incentive Bonus Any employee hired on or after July 1, 1991 shall be restricted from uS1ng any tobacco product both on duty or off duty. This provision will be maintained throughout sa~d employee's tenure w1th the Santa Monica Police Department as a condition of employment. All employees who currently habitually use tobacco may enroll in a non-smoking clinic deslgnated by the City, at the City's expense. As soon as any employee has demonstrated to the C1ty that he/she has not used tobacco for the past six (6) months, that employee wlll receive a one-time only bonus in the sum of $250.00. At such time that all employees qualify for that bonus, and provided that no employee 1n the unit has resumed or commenced the use of tobacco, each employee covered by this Agreement who has not already recelved a bonus pursuant to this Section shall receive a one time only bonus 1n the form of a cash payment of $250.00. An employee who takes up the use of tobacco solely for the purpose of collecting the bonus provided in th1S section shall not be eligible to receive said bonus. 35 . . ARTICLE IV: LEAVES 4.01. Paid Holidays A. There shall be 12 pa1d holidays for permanent employees covered herein, f1ve of which shall be floating hol1days. The holidays shall be: New Year's Day - January 1 *Dr. Martin Luther King'S Birthday - Third Monday in January *Lincoln's Birthday - February 12 Washington's Birthday - Third Monday in February Memorial Day - Last Monday in May Independence Day - July 4 *Labor Day - Flrst Monday ~n September *Admissions Day - September 9 *Columbus Day - 2nd Monday in October Veteran's Day - Fourth Monday in October Thanksgiving Day - Fourth Thursday in November Christmas Day - December 25 All Other Holidays Declared By The City Council (*FLOATING HOLIDAYS ONLY) B. Whenever any day listed herein as a paid hollday 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 hol1day 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 1n 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 hol~day for such employees. C. Employees shall be paid for such holidays in the pay period 1n 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. Floatlng holiday hours must be taken off or converted to pay prior to the end of the fiscal year in WhlCh 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 36 4.02. 4.03 . . shall be subject to the same approval as vacation time off. E. Subject to the provisions of Section 4.01(D), floating holiday hours may be used at any time during the fiscal year 1n 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) worklng days. B. Thereafter, up to and including five completed years of contlnuous 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 contlnuous service, one and one-half (1.5) working days for each completed calendar month of service; and E. Upon completion of fifteen years of cont1nuous service and thereafter, one and three-fourths (1.75) working days for each completed calendar month of service. F. Vacation benef1ts may be accumulated to a maximum of three times the particular employee's annual accrual rate. Sick Leave Slck 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 appolntments of the employee or the employee's dependent spouse or children which could not be scheduled during non-work hours, with proper advance 37 . . not1fication to the department head, or illness or injury of the employee's dependent spouse or children. Each incumbent of a line-1tem pos1tion shall accrue sick leave with pay on the following basis' 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 serv1ce, one (1) working day for each completed calendar month of contlnuous 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-f1ve (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 foregolng benefits are cumulative. 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 slck leave in proport1on 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 medlcal 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 worklng days. F. The Director of Personnel shall devise standardlzed forms and procedures for the maintenance of sick leave records. G. The right to benefits under the sick leave plan shall continue only durlng the period that the employee 1S employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness d1sabil1ty benef1ts 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 from duty 38 4.04. . . by reason of injuries or d1sability received as a result of engaging in employment for monetary gain or other compensation, or by reason of engaging in buslness or activity for monetary galn or other compensatlon. I. Any employee who 1S 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. If the employee's absence on slck leave exceeds th1rty (30) calendar days, employee must submit a statement and medical certificate on an official City form prior to his/her being granted relnstatement to Clty 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 lf the results of the examination indicate that the employee is unable to perform his/her duties or in the performance of his/her dut1es exposes others to infection, the employee shall be placed on administrat1ve sick leave w1thout privilege of reinstatement, until adequate medical evidence is submitted that the employee is competent to perform his/her duties or w1ll not subject others to infection. Any employee so examined shall have the right to subm~t 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 med1cal examiner. In the event of a conflict of opinion and/or recommendations of the two examiners, a third examiner shall be selected by the first two examiners, and a f1nal decis10n shall be made by the Personnel Board based on the three reports. 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 explration of the leave, the employee shall be reinstated to the position held before the leave was granted, with full sen1or1ty 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 serv~ce and qualifications make it desirable for the City to retain the employee's services even at the cost of some lnconvenience to the City. 39 4.05. 4.06. 4 07. 4.08. . . Bereavement Leave Bereavement leave of not more than f~ve (5) working days with pay shall be provided for absence from duty due to the death of a member of the employee's immedlate family, meaning spouse, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister, son-in-law, daughter-in-law, grandparent, grandchild or any other relative living In the same household. Bereavement leave 1S 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 ln 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 w1thin 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 act1ve service w1th such armed forces. If such employee receives an honorable discharge or its equivalent, and the pos1tion still exists and the employee otherwlse 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 SlX months after the end of the war or after the time the President or Congress proclaims the national emergency is termlnated, or after the expiration of the natlonal conscriptlon act. Such an employee shall receive seniority and other credits on the same basis as though the employee had remalned in the C1ty service and had not taken such military leave. Leaves of absence with pay for temporary military duty shall be granted in accordance with applicable federal or state law. Workers Compensation Leave Workers compensation leave shall be in accordance with applicable Californ1a 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 totaling four months 40 . . immediately following the child's birth or adoption and shall be returned to the same line-item position occupied prior to the leave upon its expirat~on. Paid vacation leave, and s~ck 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 MOD governing leaves of absence without pay. Primary responsibil1ty may be established by providing documentation that the employee's spouse is medically incapacltated or that the spouse 18 gainfully employed during hours the employee 1S normally scheduled to work and no schedule change for the employee or spouse is possible. Maternity leave is not the same as parental leave and shall be administered 1n accordance with Federal and State law. 41 . . 5.01. ARTICLE V: WORKING CONDITIONS Safety 5.02. 5.03. The City shall provide a reasonably safe and healthy working environment in accordance with applicable State and Federal laws, rules and regulat1ons. 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 d1fficulty of the work and the experience and ability of the person to be employed, or of the incumbent, may authorlze entrance salarles higher than the mlnimum, and special ~ncreases above the amount prescrlbed 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 provis1ons contained here1n, there will be no increase in wages of any k1nd 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 rat1ng 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 2.04.490). Any overall rating ln 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. Employee Parkinq It is hereby agreed that the City will make every effort to maintain free parking as it presently exists for City 42 5.04. 5.05. 5 06. . . employees at City facilities. The employees covered by this agreement recognize that the City must comply with Regulat10n XV issued by the Air Quality Management District (AQMD) and the City's Transportation Management Plan Ordinance. If the use of positive incentives does not result in the City meeting the compliance requirements of AQMD's Regulation XV or the City's Transportation Management Plan Ordinance w1thin one (1) year of the effective date of this agreement, it 1S understood that the Ci ty can implement a charge for employee parking ln an effort to meet those requirements. In addition, if it should become necessary to charge for parking during the term of this agreement 1n order to comply with any other State or Federal requirement regard~ng transportation management, the City can implement said charge. However, in no event shall the City implement such a charge for park1ng without meet1ng and conferr1ng with SMPOA should any employee(s) represented by them be subject to such a charge. Vacation/Sick Leave Notificatlon The City shall prov1de not~fication to each affected employee on at least one occasion per month of the then current balance of said employee I 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 benef1ts. Conduct Review The procedures for reviewing the conduct of an employee shall be those procedures contained in the Police Department's Policy and Procedures Manual as of the effective date of this Agreement. SMPOA shall be allowed to appoint one (1) member for any committee convened to review the appropriateness of conduct of an employee covered by this Agreement which may result 1n disc1pline. The committee member designated by SMPOA shall be furnished copies of all reports, recommendations and other documentation prepared by the conduct review committee 1n the discharge of its off1cial duties. Use of Civilian Employees and Volunteers Non-sworn employees and volunteers Department (except Level 2 reserves regular sworn officer) shall not: in the working Police with a A. Rout1nely and knowingly 1nterview or interrogate suspects. 43 . . B. Act as primary investigatlng officer for the purpose of prosecution or file cases with prosecutors, except in regard to an1mal regulation and child and sexual abuse cases. C. Take any enforcement action other than to report a situation to a police offlcer 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 as slgnments (including mOV1es, beach detail, concerts, dances, board and commisslon meetings) except those f1eld assignments where sworn officers have not been routinely used and unless all sworn personnel have 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 immedlately supervised by Pollce Department employees except in exceptional Clrcumstances. Santa Monica Unified Radio Volunteers (SURV) may be used in the field only to observe and report potential pollce activity. Volunteers other than reserves shall be limited to traditional clerical duties and shall not take cr1me or acc1dent reports. Nothing in this agreement restricts the continued use or deployment of SMPD police explorers and/or interpreters. The restr1ctions noted above may be modified in cases of emergency where common sense dictates except10nal assignments. 44 . . 6.01. ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS Payroll Deductions 6.02. 6.03 It lS mutually understood and agreed that the City will, subject to the provisions of Ordinance No. 801 (CCS) and during the term of this MOU, deduct from the first and second paychecks of each calendar month, and rem1t to the office or officer designated in the employee payroll deduction authorizatlon, recogn1zed employee organization dues, credit union investments or payments, health and hospltalizat1on insurance premiums, and life and accident and other insurance prem1ums. Reasonable Notice Reasonable written notice as defined in Sectlon 3504.5 California Government Code shall be glven on all matters requiring such notice under sald sectlon. Agency Shop A. Each employee in the classification of police Officer as of the effective date of this Agreement 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 SMPOAi ~ 2) pay to the SMPOA a monthly serVlce representatlon 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 conscient1ous 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 objection shall, in lieu of joining or supportlng 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 not1fy all employees in the classification of Police Officer that they are requ1red to pay dues or a service representat~on fee as a condition of this section and that such amounts shall be automatically deducted from the1r paychecks. The religious 45 6 04. . . exemption and the employees' rights under Government Code Section 3502.5 (Meyers~Milias-Brown Act, as amended) shall also be expla1ned. The cost of this communication and the responsibility for its distribution shall be borne by SMPOA. D. It is agreed that the C1ty assumes no obligations to enforce the provis1ons of the above paragraphs beyond implementing any valid payroll deduction authorizations submitted by unit employees authorizing the deduction of service fees or other author1zed 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 provlde 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 expend1tures by function or purpose and from which it can readily by ascerta1ned the proportion that the costs of negotiation, administering the MOU, and gr1evance processing bore to total union expenditures F. It is recognized that SMPOA, as the exclusive representative of all unit employees, 1S required to represent all unlt employees fairly and equally without regard to association membershlp or non-membership or their assert10n of rights under th1S MOU or the law. G. Upon request by SMPOA, the City shall furnish the association the name, date of h1re, and salary of all newly hired employees subj ect to this agreement, along with verif~cation of transmittals to any charitable organizations. Chairperson's Shift If the Cha1rperson of SMPOA is a Police Officer, he/she shall have the right to select the shift to which helshe wlll be assigned during his/her term of office, provided that more than one shift 1S applicable to the Officer's assignment. 46 6.05. . . Time off For SMPOA Business A maXlmum of four hundred (400) hours time with pay will be allowed for each annual period of th1S 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 part1cipation in, meet and confer negotiations with the City. Accounting for and written prior approval of said four hundred (400) hours pa1d time shall be maintained 1n the office of the Chief of Police. Employees covered hereln shall receive pay for four hours of holiday time for the July 4th 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 4th. 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 util1zed by authorlzed 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 Ord1nance No. 801 (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 Clty increases the number of employees allowed time off with pay to meet and confer in good falth for any other employee group over and above that currently set forth ~n Ordinance No. 801 (CCS), that 1ncrease 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 Assoclation 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 hislher predesignated representative. 47 6.06. . . 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. The C~ty and SMPOA will mutually decide upon a specif1c day (e. g. , Monday) of the week on which the Chairperson, or a designee, will be released to conduct SMPOA business. It will be the same day each week. The release of the SMPOA Chairperson, or designee, can be revoked if the officer in charge determines that the absence of the SMPOA Chairperson, or designee, for the day will result in overtime costs for the Police Department. In the event the release of the Chalrperson, or designee, is revoked, SMPOA will be allowed to subst1tute another SMPOA representative for the release time providing his/her absence wlll not result in additional overtime for the Pol1ce Department. In all cases, the decision of the Chief of Police shall be final. The Chief of Police may allow an employee covered by this Agreement to rece~ve release time without loss of compensation to hold office 1n a State of California or national law enforcement organ1zation to the extent that the organization reimburses the City for the full value of that release time. Gr1evance and Complaint Policy In the event any grievance, disputes or dlsagreements arise concerning 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 concernlng the interpretation or application of the terms of this MOU shall be resolved, if possible, by meetlng and conferring in good faith. If unresolved by such meetings, the parties shall consider subm1tt1ng such issues to mediation as provided by Ordinance No. 801 (CCS). In the absence of agreement to mediate, or failure of mediation, or arbitration by mutual consent, the 1ssue shall be resolved by an action in a court of competent jurisdiction on motion by e1ther party. B _ Grievances, disputes or disagreements invol v1ng removals, demotions, or suspensions shall be resolved through one of the following procedures which shall be selected by the affected employee in each case: 48 6.07. . . (1) A full and fair eV1dentiary hear1ng before the Personnel Board in accordance with the civil Service provisions of the Santa Mon1ca City Charter and Municipal Code; or (2) A full and fair evident1ary hearing in accordance with the City Charter and Municipal Code before a hearing officer selected by mutual agreement of the parties or as otherWlse provided in any ordinance adopted by the City Council. The hearlng officer's decision shall be presented to the Personnel Board for approval or rejection; provided that if the Personnel Board elects to reject the hearing officer's dec1sion it must render an independent decision after conducting a full and fa1r evidentiary hearing as provided ln Paragraph (1) above. Subject to the right to seek judiclal review, both parties agree that they will be bound by: (1) A decision of the Personnel whether the removal, demotion, was with or without just cause. Board as to or suspension (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 Munic1pal Code; provided, however, that representation by the recognized employee organization shall be lim1ted to grievances, disputes or disagreements which cannot or have not been resolved between the employee and his immediate supervisor or the employee and h1S Department Head. Representation by the recognized employee organization shall be limlted, in this class of grievance, to appearances before the lowest level of supervision not represented by the employee organization, the department head, Personnel D1rector, and the City Manager. Court Reporter In any disclpllnary appeal under Sect~on 2.04.680 of the Municipal Code, the SMPOA may request that a Court 49 6.08. . . Reporter record the proceedings. The cost of the Court Reporter shall be shared equally by SMPOA and the City. New Pol1ce Denartment Facility In the event the City of Santa Monica constructs a new Police Department facility, the City agrees to meet and confer with SMPOA as to space to be allocated to SMPOA. Also subject to said meet and confer process will be the issue of how the SMPOA space will be utilized and under whose control that space will fall. 50 -. .- . ,. . IN WITNESS WHEREOF, the parties hereto have caused this memorandum of understanding to be executed this 24th day of No~ember , 1993 APPROVED AS TO FORM: CITY OF SANTA MONICA JO~ City Manager OFFICERS ~ <;. -r-rA.~~ IS> '\ 51 . POLICE OFFICER POLICE SERGEANT POLICE LIEUTENANT POLICE CAPTAIN EXHIBIT "A" JOB CLASSIFICATIONS 52 .