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SR-12-A (64) /' .-...." . (/,C ~~ - c/{) y /qJ-A JUL 2 3 1991 Santa Monica, California PE:KB:kb Council Meeting: July 16, 1991 TO: Mayor and city Council FROM: City Staff SUBJECT: Resolution Authorizing the city Manager to Execute a Memorandum of Understanding with the Santa Monica Police Officers' Associate (SMPOA) INTRODUCTION This report requests that Council adopt the attached Resolution authorizing the city Manager to execute a Memorandum of Understanding (MOU) with the Santa Monica Police Officers' Association. BACKGROUND The MOU with the Santa Monica Police Officers' Association (SMPOA) expired on June 30, 1991. Negotiations to replace the expired MOU commenced on April 16, 1991, and resulted in the attached MOU. This new agreement was ratified by the membership of SMPOA on June 26, 1991. This agreement includes cost of living adjustments for FY91-92 and FY92-93; revises the salary adjustment formula to take into account years of service and to thus limit its application; modifies various MOU overtime provisions, further defining and limiting their application; increases educational incentive; increases the amount that the City contributes towards the cost /c:I-A - 1 - JUL l) '} 1Qq1 '- <.' } ,- of medical insurance, but retains a "cap" on the city's contribution towards the cost of medical insurance coverage for employees and dependents: and makes some other minor economic and non-economic changes. FINANCIAL/BUDGET IMPACT Funds have been included in the adopted budget. RECOMMENDATION It is recommended that council adopt the attached Resolution authorizing the City Manager to execute the attached Memorandum of Understanding (MOU) with the Santa Monica Police Officers' Association (SMPOA). Prepared By: Karen Bancroft - 2: - ~ RESOLUTION NO. 8268(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 SANTA MONICA POLICE OFFICERS' ASSOCIATION WHEREAS, the City Administration and representatives 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, hours and other terms and conditions of employment; and WHEREAS, Section 2.06 of Ordinance No. 801 (CCS) of the City of Santa Monica requires preparation of a written Memorandum of Understanding between the administration 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 until presented to the governing body for determination; and WHEREAS, the purpose of the Memorandum of Understanding is to promote and provide harmonious relations, cooperation, and understanding between the City and the Santa Monica Police Officers' Association: - 3 - , 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 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 (KB."poa30") - 4 - f Adopted and approved this 23rd day of July, 1991. /J db '11 M:;or I hereby certify that the foregoing Resolution No. 8268(CCS) was duly adopted by the city Council of the City of Santa Monica at a meeting thereof held on July 23rd, 1991 by the following council vote: Ayes: Councilmembers: Genser, Holbrook, Katz, Olsen, Vazquez, Zane, Abdo Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: / ~., /- / / ~~kd />).0 ,~-~ City~ CI rk MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SANTA MONICA, CALIFORNIA AND SANTA MONICA POLICE OFFICERS' ASSOCIATION TABLE OF CONTENTS PAGE # ARTICLE/SECTION NUMBER ARTICLE I: 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 : 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 & Wa i ver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . .. 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 ARTICLE II: COMPENSATION 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: 2.15: Effective Date of Pay Increase.......... 11 Salaries. . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . 11 Overt ime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Call-back Pay.................... ....... 13 Off-Outy Court Appearances.............. 14 Court standby........................... 15 Beeper Pay............................... 17 Longevity Compensation.................. 17 Educational Incentive................... 18 Detective Bonus ........................ 18 Motorcycle, Pilot, & Observer Pay....... 19 Bonus for Employees Not on 4/10 ........ 19 Bil ingual Pay...................... III . . . . 20 Promotional Pay Rate.................... 21 y -Rat inq. .. .. . . III . III . . . .. . . II . . II .. . . . . . . . . . . . . . 21 - 1 - 2.16: 2.17: 2.18: Acting Pay.................... III .. .. .. .. .. ... .. .. . . 4 .. . .... 21 FTO Bonus ......................................................... .2 2 Performance Bonus program Committee .... 22 ARTICLE III: SUPPLEMENTAL BENEFITS 3.0l: 3.02: 3.03: 3.04: 3.05: 3.06: 3.07: 3.08: 3.09: 3.10: 3.11: 3.12: ARTICLE IV: 4.01: 4.02: 4.03: 4.04: 4.05: 4.06: 4.07: 4.08: ARTICLE V: 5.01: 5.02: 5.03: 5.04: 5.05: 5.06: ARTICLE VI: 6.01: 6.02: 6.03: 6.04: 6.05: 6.06: 6.07: Health Insurance Programs............... 23 Retiree Insurance....................... 25 Optional Insurance Program.............. 26 Retirement, .. .. . .. .. . .. .. II .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .... 27 Deferred Compensation................... 28 Equipment Provided/Reimbursed........... 28 Uniform Allowance....................... 28 Mileage Reimbursement................... 29 sick Leave Buy-Back..................... 29 sick Leave Bonus........................ 31 Filming Assignment...................... 31 Health Incentive Bonus.................. 32 LEAVES Paid Holidays........................... 33 Vacation Leave.......................... 34 sick Leave............,....,............ 34 Leave of Absence Without Pay............ 37 Bereavement Leave....................... 37 Mil i tary Leave.......................... 37 Workers' Compensation Leave............. 38 Parental Leave.......................... 38 WORKING CONDITIONS Sa fety.. II .. .. .. .. .. .. .. .. .. .. . .. .. . .. . . .. .. .. .. . .. .. .. w .. .. .. .. .. . 39 Effect of Job Performance on salary..... 39 Employee Parking........................ 40 Vacation/Sick Leave Notification........ 40 Weapons Discharge Review................ 40 Use of Civilian Employees and Volunteers..41 EMPLOYER/EMPLOYEE RELATIONS Payroll Deductions...................... 42 Reasonable Notice....................... 42 Agency Shop....."..............",....... 4 2 Chairperson' s Shift..................... 43 Time Off for SMPOA Business............. 44 Grievance & complaint Procedure......... 45 COllrt Reporter... . . . . . . . . . . . . . . . . . . . . . . . 46 - 2 - SANTA MONICA POLICE OFFICERS' ASSOCIATION CITY OF SANTA MONICA ARTICLE I: GENERAL PROVISIONS 1.01. 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; 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. Term of Agreement This agreement shall be effective on July 1, 1991 and shall remain in full force and effect until June 30, 1993. It shall be automatically renewed from year to year thereafter unless either party notifies the other in writing not later than March 1, 1993 (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, - 3 - 1. 05. 1. 06. 1.07. 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 membership of the SMPOA and ratified and approved by resolution duly adopted by the City Council of the City of Santa Monica. Recognized Employee Association ~ame The SMPOA is hereby acknowledged as the Recognized Employee Organization representing 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 acknowledgment 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 permit (and hereby expressly prohibits) employees occupying the employment position classifications of Police Lieutenant 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). - 4 - L08. 1.09. 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 within 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 written, 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: Direct, supervise, discipline, discharge, and retain employees. B. Relieve employees from duties because of lack of work or funds, or under conditions where continued work would be inefficient or nonproductive. A. hire, promote, transfer, assign, suspend, schedule 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. - 5 - 1.10. 1.11. 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 th~t none of the parties hereto will participate ~n, 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 ci ty 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 superseded 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 - Ei - 1. 12 . 1.13. 1.14. 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 wi th 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 work place 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 MOU: 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 tha provisions of Section 5.02 herein. - 7 - 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. "Line-Item position" 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 Employee" shall mean: (1) A person who is legally an incumbent, including a probationary employee, of a line-item position; or (2) A former legal incmnhent of a line-item position on authorized leave of absence from a regularly budgeted position which position is held for the employee pending the employeets return. The term Itpermanent employee" shall not be construed to imply a guarantee of continued employment. However, no permanent employee who has completed his or her probationary period 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 - 8 - considered as the date on which the last unbroken service was effective. G. "Satisfactory service" shall mean the attainment of not less than 1I0verall Satisfactory" on the performance report immediately preceding the employee's date of entrance anniversary. H. "Full-time Work Week" 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 durin~ said meal periods or briefing sessions, il any, and during said periods officers shall be subject to the direction and control of the City. The City 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 mrmber of hours they work per week is to the full-time work week for the position occupied. I. "Base Salary" shall mean the employee's salary and does not include longevity, overtime, bonuses, educational incentive, etc. J. "Effective Salarytl shall mean the employee's salary and longevity. K. "Regular Rate of Pay" shall mean the employee's salary plus longevity, educational incentive 1 bonus, motorcycle/pilot/observer bonus, shoot agent pay, FTO pay, and any other supplemental base 5/8 pay, pays - 9 - 1. 15. 1. 16. required to be included by the Fair Labor standards Act (FLSA), should FLSA be applicable to employees covered herein. L. IIPay" shall mean compensation for regular hours worked, sick leave, bereavement leave, vacation, holidays, and/or jury duty. M. uIn Pay Status" shall mean receiving pay. N. "Completed Calendar Month of Servicelt shall mean a calendar month in which an employee has been in pay status for at least eleven (11) 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 and unused "banked" 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. - 10 - ARTICLE II: COMPENSATIO~ 2.01. 2.02. Effective Date Of pay Increase Notwithstanding any other provision contained salary-related changes provided herein shall effective on the first day of the payroll period to the effective date stated herein. herein, become closest Salaries Salaries or City employees in line-item positions shall be on a monthly rate, paid on a hi-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, 1991, the E-step salaries of employees covered herein shall be increased by a minimum of 4%, OR, if higher, by an amount equal to the percentage increase in the "cost-of-living" index as measured by the Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Riverside-Anaheim, California, published by the U.s. Department of Labor Statistics, for the base period of April, 1990 to April, 1991. However, in no event shall said adjustment exceed 8%. B. Effective July 1, 1992, the E-step salaries of employees covered herein shall be increased by a minimum of 4%, OR, if higher, by an amount equal to the percentage increase in the "cost-of-living" index measured by the Consumer Price Index (for Urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles-Riverside-Anaheim, California, published by the u.s. Department of Labor Statistics, for the base period of April, 1991 to April, 1992. However, in no event shall said adjustment exceed 8%. C. Effective April 1, 1993, the E-step salaries of employees covered herein 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, with sixteen (16) years of service, of a comparable classification in the following local police - 11 - 2.03. 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 employee's retirement contribution which the employer has agreed to IIpick Up" plus the maximum amount which any such employee may receive over and above base salary for uniform allowance, longevity bonuses and deferred compensation payments made by the employer as a salary substitute on behalf of all employees in the comparable classification. D. An employee may elect to increase his/her base salary, for up to twelve (12) consecutive months, by a percentage derived by the following formula: nine divided by one plus the City's required contribution rate to PERS. For example, if the City's required retirement contribution rate to PERS is eighteen percent (18%), the salary increase would be 7.63% (9 f 1.18 = 7.63). An employee may exercise this option on only one (1) occasion during his/her employment with the city. Upon the exercise of this option, the City shall be relieved of its obligation under section 3.04 of this Agreement to pick up the employee's required retirement contribution to PERS. Should an employee who elects to exercise this option continue his/her employment with the City beyond the time limit placed on the exercise of said option, the above increase will be eliminated and the City's Obligation under section 3.04 of this Agreement will be re-established. 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 t 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 forty (40) hours per fiscal year - 12 - 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 any work schedule other than the 4/10 work schedule, except for 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, 3) as a result of special investigations, and/or 4) 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 that represents hours worked, or credited as having been worked pursuant to Section 2.05, in excess of the regularly scheduled work shift. 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. The Chief of POlice, at his/her discretion, may increase the maximum amount of compensatory time off that may be earned in any given fiscal year to allow an employee to maintain an on-going bank of up to forty (40) hours, provided that compensatory time off may not be utilized if it will result in the obligation to provide overtime compensation to replace that employee. 2.04 Call-Back Pay Should a supervisor determine that call back any full time employee his/her regularly scheduled work shall be as follows: it is necessary to to work outside of hours, compensation A. The employee who would regularly be off-duty for the entire period worked shall receive the appl icable 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. For prearranged details, the minimum shall be for four (4) hours pay as described above. B. Where the overtime worked commences within two (2) hours (or, in the case of prearranged details, four (4) hours] prior to the beginning of the employee's regularly scheduled work shift, the employee shall receive overtime compensation at the applicable overtime hourly rate of pay for all time transpiring between the commencement of the overtime and the time the regularly scheduled work shift was scheduled to begin. - 13 - 2.05. Except as provided above, individual employees shall not have their work schedule changed to avoid the payment of compensation under this Section. This shall not prevent the Department from changing the schedules of groups of employees. 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 Employees who appear in court while off-duty in response to a subpoena or directive relating to a matter that arose during the course and sc;Jpe of their employment shall receive compensation as follows: A. Except as provided below in paragraphs B, C and 0, employees who would regularly be off-duty for the entire period of the appearance shall receive the applicable overtime hourly rate of pay for either the actual number of hours in attendance, less any noon recess, or a minimum of three (3) hours, whichever is greater. B. Where the court appearance commences within three (3) hours prior to the beginning of the employee's regularly scheduled work shift, the employee shall receive overtime compensation at the applicable overtime hourly rate of pay for all time transpiring between the commencement of the court appearance and the time the regularly scheduled work shift was scheduled to begin. In the event of a situation that would have invoked the provisions of Section 2.04 of this Agreement, an employee may be assigned to perform law enforcement duties that otherwise would have been performed on a call back basis during that period of time between the end of the court appearance and the commencement of the employee's regularly scheduled shift without being entitled to any additional compensation over and above that described above. c. Where a court appearance begins three (3) or less hours after the end of the employee's regularly scheduled work shift, the employee shall receive compensation at the applicable overtime hourly rate of pay for all time transpiring between the end of the regularly scheduled work shift and the conclusion of the court appearance; provided that where the court appearance commences on the employee's regularly scheduled day off the employee shall also be entitled to a minimum of three (3) hours overtime compensation as provided above in paragraph A. In the event of a situation that would have invoked the provisions of Section 2.04 of this - 14 - 2.06. Agreement, an employee may be assigned to perform law enforcement duties that otherwise would have been performed on a call back basis during that period of time between the end of the employee 1 s regularly scheduled shift and the commencement of the court session without being entitled to any additional compensation over and above that described above. D. The provisions of this Section shall apply if a court appearance that is scheduled to occur on an employee t s scheduled day off (including, for example, an approved vacation) is canceled less than twelve (12) hours in advance of the time the appearance is scheduled to begin. E. The provisions of this Section shall not apply if a court appearance outside of the employee's regularly scheduled work hours on the employee's regularly scheduled work day is canceled any time prior to the time of the court appearance. F. Except as provided above in Subsection B, if an employee is ordered to report to work after havinq signed out from the court appearance in accordance with Department policy, for other than his/her regularly scheduled shift, the provisions of section 2.04 shall apply. An employee who appears in court on a day which is a regularly scheduled work day and is excused from court prior to the beginning of his/her regular work hours may request to begin work early. If an employee elects to work early under this Sectionl the employee's work shift will end early by the same amount of time by which the employee began his/her work shift early. When the Department approves an employee-initiated action, he/she shall forfeit any overtime compensation for the hour(s) applied to his/her regular work hours. Except as provided above, individual employees shall not have their work schedules changed to avoid the payment of compensation under this Section. This shall not prevent the Department from changing the schedules of groups of employees. 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 followinq shall apply: A. For (1) the first court session (either morning or afternoon) during a calendar day, and (2) the second court session during a calendar day where the - 15 - required appearance is in connection wi th a different matter than was involved in the first court appearance, employees shall receive compensation-as follows: 1. Employees who are off-duty for the entire period of the court seSSl.on shall receive an amount equal to three (3) hours of compensation at the straight time rate. 2. Where the standby or on-call assignment commences within three (3) hours prior to the beginning of the employee's regularly scheduled work shift, the employee shall receive compensation at the applicable hourly rate of pay for all time transpiring between the commencement of the standby or on-call assignment and the time the regularly scheduled work shift was scheduled to begin. 3. The provisions of this section shall apply if a standby or on.call assignment that is scheduled to occur on an employee's scheduled day off (including, for example, an approved vacation) is canceled less than twelve (12) hours in advance of the time the assignment is scheduled to begin. 4. The provisions of this section shall not apply- if a standby or on-call assiqnment that is scheduled to occur on an employee's scheduled work day is canceled any time prior to the commencement of the standby or on-call status. B. For the second court session in connection with the same matter on that calendar day, the employee shall receive compensation on an hour for hour basis at the straight time rate. c. Employees who are called into court after having been in an on-call or standby status shall be compensated as follows: 1. An employee who is required to appear in court during the initial court session on a calendar day that the employee is placed in an on-call or standby status shall receive appropriate premium. overtime compensation as provided in Section 2.05 of this Agreement as if the court appearance began at the time the on-call or standby assignment commenced. 2. An employee who is in an on-call or standby status during the first and second court sessions and is required to appear in court during the second court session shall receive - 16 - 2.07. 2.08. straight time compensation for the first court session in accordance with paragraph A.I of this Section and shall receive appropriate premium overtime compensation for the second court session in accordance with paragraph e.l of this Section. 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 Ci ty 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 consti tute puni ti ve action wi thin the meaning of the Public sarety Officer's Procedural Bill of Rights Act, Government Code section 3500, et. seq. Lonqevity Compensation Each employee covered hereunder shall receive additional monthly compensation at the rates and for the service periods set forth in the following table: - 17 - 2.09. 2.10. % 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 six percent (6%) 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, 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 Commission 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 university. 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 disqualification. Detective Bonus A. All employees assigned to the Investigations Division 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 the Investigations Division. 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 2105. C. 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 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 Public Safety Officerts Procedural Bill of Rights Act, Government Code section 3500, et. seq. - 18 - 2.11. 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 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 tha~ 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. 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 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. 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 tor Employees Not on 4/10 Work Schedule Each employee covered by this agreement who is not continually assigned to a 4/10 work schedule, excluding employees receiving a detective bonus pursuant to section 2.10 of this Agreement, shall receive for each pay period a bonus of $50.00 for such assignment subj ect to the following: - 19 - 2.13. A. The assignment 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 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 assignment 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 Public Safety Officer's Procedural Bill of Rights Act, Government Code section 3500, et. seq. E. Both parties acknowledge that the Chief of Police retains the authority to freely assign pOlice officers to 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 assignment bonus will be paid at a flat rate in each pay period and does not increase the 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. 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: (l) 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. - 20 - 2.14. 2.15. 2.16 2.17 An employee who qualifies 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 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 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 higher rate above the highest rate being paid to subordinates. Y-Ratinq When a personnel action, e.g., demotion due to layoff or reclassification, results in the lowering of the incumhent employee's salary range, the incumbent employee's salary may be Y-rated. "Y-rated" shall mean the maintenance of the incumbent employee1s salary rate at the level effective 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. Acting Pay Whenever an employee is directed to perform all of the duties and assume all of the responsibilities of a higher classification for fourteen (14), or more, consecutive work days, that employee shall be paid at the lowest salary step of the higher classification which will result in a salary increase of at least 5% for all time worked in the higher classification. 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. - 21 - 2.18 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 2105. C. 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 2105. D. The SMPOA agrees that loss of these benefits through normal rotation of employees does not consti tute punitive action within the meaninq of the Public Safety Officer's Procedural Bill of Rights act, Government Code section 3500, et. seq. Performance Bonus Program committee By no I ater than convene a joint incentive bonus negotiations for a October 1, 1991, the parties shall committee to develop a performance program to be considered during successor agreement. - 22 - 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 Hospital 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 any other health insurance benefits available under non-PERS Program heal th insurance benefits 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, with the city to pay 100% of the premiums for said dental insurance plan, provided that employees and eligible dependents participate 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 beginning of each medical plan year and shall be a composite monthly insurance premium derived by dividing (a) the total monthly premium, including administrative fees in excess of 7/10 of 1% ( . 7%) and sot of any contingency reserves required by PERS, for all active employees and dependents covered hereunder by (b) the numher 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 ~y the retiree annuitant. 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. In addition, each month the City shall contribute on behalf of each active 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 $435.00, 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 - 23 - deduction by the employee electing such coverage or (b) by direct payment from SMPOA. Effective July 1, 1992, the maximum amount of the city's contribution to the cafeteria plan shall be increased by the difference between (a) the highest medical insurance composite premiwn rate contribution "cap" established for any of the Cityls other bargaining units for FY92-93 and (b) $435.00. Any extra payment required under the PERS Program shall be paid either (a) through direct payroll deduction by the employee electing such coverage or (b) by direct payment from SMPOA. If the City is required by PERS to make payments for contingency reserves, 50% of J those costs shall be included in the calculation of the composite monthly insurance premium, and the City shall be obligated to pay the remaining 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 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, 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 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 and retired employees and eligible dependents to enroll in one of the non-PERS Program medical 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 Ci ty-offered medical plan, not to exceed the highest composite insurance rate contribution ucap" established for any of the City's other bargaining units during that fiscal year, and the City1s obligation to subsidize insurance premiums for retirees, as set forth in Section 3.02 of this Agreement, shall be reinstated with regard to all retirees eligible thereunder. Any extra payment required under the City offered medical plan shall be - 24 - 3.02. paid either (a) through direct payroll deduction by the employee electing such coverage or (b) by direct payment from SMPOA. The City agrees to continue to provide vision care insurance, at no cost, to employees covered hereunder. The City retains the right to select the provider and to set levels of coverage for said 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 provided under that plan without meeting and conferring. Retiree Insurance A. Subj ect 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 occurs first. 3) Retirees must acknowledge the City I S right to change plan design and/or carriers, must acknowledge that the subsidy exists only for the term of this agreement and must acknowledge that no IIvested" 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. 5) 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 purpose of this section, "annual income" will be income earned during a fiscal year, from July 1 of one calendar year through - 25 - 3.03. June 30 of the next calendar year. This section will become effective for fiscal year July I, 1985 through June 30, 1986 and tor 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) 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 annually by the percentage increase in the revised Consumer Price Index (for urban Wage Earners and Clerical Workers, 1967 = 100) for Los Angeles- Riverside-Anaheim, California, published by the u; S. Department of Labor Statistics for the base period of April to April preceding each fiscal 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-retirement income limitation noted above by an amount up to $250 per month without the subsidy being subject to cancellation. 7) Each retiree must submit by June I 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 obI iga tion 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 agreement; provided that if SMPOA exercises its option under section 3.01 to cause the City to 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 $45.00 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 employee required contributions towards medical insurance premiums, as provided in section 3.01, - 26 - 3.04. and/or the cost of optional insurance programs if an employee elects such insurance. SMPOA shall provide proof of coverage for each employee rece~v~nq this benefit for optional 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 is a contract member of the Public Employee I 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' 5 Retirement System heretofore approved by the Ci ty Council. 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 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. 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 Benefits as set forth in section 21382.4 of the California Government code. - 27 - 3.05. Deferred Compensation It is hereby agreed that employees covered herein are eligible to participate in the City's deferred compensation plan. 3.06. Equipment Provided/Reimbursed The City shall provide each newly hired off.icer with a service revolver, holster, 3mmunition, nightstick, handcuffs, raincoats and rain boots, keys, mace and holder, patches, helmet, leather belt, cuff case, ammunition holder, baton ring, keepers, key holderl 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 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 (1) uniform shirt and pants, or, in lieu thereof, other department pre-approved equipment of equal value, annually and one (1) uniform jacket every five (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. 3.07. 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 - 28 - 3.08. 3.09. 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 f 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: (1) IIBank" unused sick leave provided that the 130 day limit referenced in Subsection "C" of section 4.03 of this Agreement 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 precedinq the date of payment computed to the nearest one-tenth of an hour as follows: - 29 - Less Than 10 Years Service 10 Or More Years Service # Days Used Prior To End of Contract Year # Days Available For Pay '# Days Used Prior To End of Contract Year '# Days Available For Pay o 1 2 3 4 5 6 6+ 6 5 4 3 2 1 o o o 1 2 3 4 5 6 7 8 9 10 11 12 12+ 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-half of the days available for payment on the schedule in (2) above and either "banklt 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 assiqned 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 jmmediate 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 opt'ion 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 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. - 30 - 3.10. 3.11 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. sick Leave Bonus Any non-probationary employee subject to this MOU shall receive a bonus of $250 if his or her sick leave usage in a contract year is less than the average sick leave usage for all non-probationary employees subj ect to this MOU during the same contract year. The payment will 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, irrespective of actual usage. Filming Assignments The parties hereto agree that full-time sworn Police personnel (including 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 Police 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. - 31 - 3.12 Health Incentive Bonus Any employee hired on or after July IJ 1991 shall be restricted from using any tobacco product both on duty or off duty. This provision will be maintained throughout said employee's tenure with the Santa Monica Police Department as a condition of employment. All employees who currently habitually use tobacco may enroll in a non-smoking clinic designated by the City, at the city's expense. As soon as any employee has demonstrated to the City that he/she has not used tobacco for the past six (6) months, that employee will 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 in the unit has resumed or commenced the use of 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. An employee who takes up the use of tobacco solely for the purpose of collecting the bonus provided in this Section shall not be eligible to receive said bonus. - 32 - 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 *Lincoln's 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 *Admissions Day - September 9 *Columbus Day - 2nd Monday in October Veterants 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 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 employee~. 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. - 33 - E. Subject to the provisions of 4.01(D), 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. 4.02. 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 servic_, 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. 2 S) 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. 4.03 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: - 34 - 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 give 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 - 35 - 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. If the employee I 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 conflict 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: (l) 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. - 36 - 4.04. 4.05. 4.06. 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 employee's 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, 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 effeot, is inducted into the armed forces of the Uni ted 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 - 37 - 4.07. 4.08. with pay for temporary 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 totaling four months 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 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 inc::apaci tated 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. Maternity leave is not the same as parental leave and shall be administered in accordance with Federal and state law. - 38 - ARTICLE V: WORKING CONDITIONS 5.01. 5.02. safety The City shall provide a reasonably safe and healthy 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 re;resentative 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 incumhent, 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 incumhent. 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 IS 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. - 39 - 5.03. 5.04. 5.05. Employee Parkinq It is hereby agreed that the City will make every effort to maintain free parking as it presently e~ists for city employees at City facilities. The employees covered by this agreement recognize that the City must comply with Regulation 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 within one (1) year of the effective date of this agreem.ent, it is understood that the City can implement a charge for employee parking in an effort to meet those requirements. In addition, if it should become necessary to charge for parking during the term of this agreement in order to comply with any other State or Federal requirement reqarding transportation management, the City can implement said charge. However, in no event shall the City implement such a charge for parking without meeting and conferring with SMPOA should any employee(s) represented by them be subject to such a charge. 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. 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 in discipline. The committee member designated by SMPOA shall be furnished copies of all reports, recommendations and other documentation prepared by the conduct review committee in the discharge of its official duties. - 40 - 5.06. Use Of Civilian Employees and Volunteers Non-sworn employees and volunteers Oepartment (except Level 2 reserves regular sworn officer) shall not: A. Routinely and knowingly interview or interrogate suspects. in the Pol ice working with a 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 conunission meetings) except those field 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 inunediately supervised by Police Department employees except in exceptional circumstances. Santa Monica Unified Radio Volunteers (SURV) 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. - 41 - 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 of 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, credi t 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 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 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-reliqious, 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 - 42 - 6.04. deducted from their paychecks. The religious exemption and the employees' rights under Government Code Section 3502.5 (Meyers-Milias-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 uni t 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. wi thin 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, administerinq 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. Chairperson's Shift If the chairperson of 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. - 43 - 6.05. 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 ~he 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 numher of such holidays hours (as well as the cumulative total of the particular fiscal year) and of the total nl1111~er 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. 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 Ci ty increases the numher of employees allowed time off with pay to meet and confer in good fai th 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 pre-designated 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 pre-designated 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. - 44 - 6.06. The Chief of Police may allow an employee covered by this Agreement to receive release time without loss of compensation to hold office in a state of California or national law enforcement organization to the extent that the organization reimburses the City for the full value of that release time. Grievance and Complaint Policy In the event a,ny grievance, disputes or disagreements arise concern~ng 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 appl~cation of the terms of this MOU shall be resolved, if possible, by meeting and conferring in good fai th. If unresolved by such meetings, the parties shall consider submitting 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 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 through one of the following procedures which shall be selected by the affected employee in each case: (l) A full and fair evidentiary hearing before the Personnel Board in accordance with the civil Service provisions of the Santa Monica City Charter and Municipal CodeJ or (2) A full and fair evidentiary hearinq in accordance with the city Charter and Municipal Code before a hearing officer selected by mutual agreement of the parties or as otherwise provided in any Ordinance adopted by the City Council. The hearing officer's decision shall be presented to the Personnel Board for approval or rej ection; provided that if the Personnel Board elects to rej ect the hearing officer's decision it must render an independent decision after conducting a full and fair evidentiary hearing as provided in Paragraph (1) above. Subject to the right to seek judicial review, both parties agree that they will be bound by: - 45 - 6.07. (1) A decision of the Personnel Board as to whether the removal, demotion, or suspension was with or without just cause. (2) A decision of the Personnel Board that the removal, demotion, or suspension imposed by the Ci ty 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 not 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 Director, and the City Manager. 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. - 46 - '"""IIlIIII IN WITNESS w~EREOF, the parties hereto have caused this memorandum of understanding to be executed this day of , 1989. APPROVED AS TO FORM: f"t.v~ W\.. ~ ROBERT M. MY~RS () City Attorney CITY OF SANTA MONICA JOHN JALILI City Manager SANTA MONICA POLICE OFFICERS ASSOCIATION SHANE TALBOT, CHAIRPERSON PAT ARMSTRONG STEVE BRACKETT W.S. BROWN MARK HOLLAND ERIC MARROQUIN MARK SMILEY - 47 -