SR-12-A (64)
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JUL 2 3 1991
Santa Monica, California
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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
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JUL l) '} 1Qq1
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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
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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:
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,
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")
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Adopted and approved this 23rd day of July, 1991.
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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:
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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
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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
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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,
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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).
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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.
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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
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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.
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B. "Salary Range steps A Through E" for each employment
position classification within the City work force
shall mean and be established to bear the following
percentage relationship to salary Range step E
computed to the nearest dollar.
Step A - 81% of step E
step B - 85% of Step E
Step C - 90% of step E
step D - 95% of step E
step E - 100%
C. "Nearest Dollar" shall mean the next lower dollar
when the computed amount is 50 cents or less and the
next higher dollar when the computed amount is 51
cents or more.
D. "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
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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
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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.
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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
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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
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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:
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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.
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'"""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
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