R-8976
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RESOLrTION 8976 (ees)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AUTHORIZING THE CITY MANAGER
TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE
SANTA MONICA POLICE OFFICERS ASSOCIATION
WHEREAS, the City administration and representatives of the Santa
MOnica 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, cooperatlonr 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 Monrca does hereby
approve and authorize the City Manager to execute the Memorandum of
Understandmg 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
Ikb "smpoa 95~.i
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MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF SANTA MONICA, CALIFORNIA
AND
SANTA MONICA POLICE OFFICERS ASSOCIATION
TABLE OF CONTENTS
ARTICLE/SECTION NUMBER
ARTICLE I:
1.01:
1.02:
1 03:
1.04:
1 05:
1 06:
1.07:
1 08:
1.09:
1 10:
1.11:
1.12 :
1.13:
1.14 :
1.15:
1.16:
ARTICLE II:
GENERAL PROVISIONS
Partles to Memorandum. . . . . . . . . . . .
Purpose. .. ..... . . . . . . . . . . . . . .
Term of Agreement ............
Continuation of Terms ...........
Ratlflcatlon.... ...........
Recognized Employee Assoclation Name.
Scope of Representatlon... _ . . . . . .
Full Understanding, Modiflcatlon
& Waiver. . . . . . . . . . . . . . . . . .
Management Rights Reserved...
Peaceful Performance of Clty
Servlces . . . . . . . . . . . . . . . . . 6
Valldlty of Memorandum of Understanding. 6
Captlons for Convenlence. . ....... 7
Equal Employment.... .....................7
Definitions. . . . . . . . . . . . . . . . . . . . . .. 7
Overpayment Remedy..................... .10
Payments at Termination..... ...... .10
. . .3
. .3
. .3
.4
.4
4
4
. . . .5
.5
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
2.16'
2.17'
2.18:
Effectlve Date of Pay Increase... ...... .11
Salaries. . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Overtime. . . . . . _ . _ _ _ _ . . . . _ _ _ _ _. . _ . . .13
Call-Back Pay. ....... .......... ..14
Off-Duty Court Appearances. ....... .... ..15
Court Standby....... ............ .17
Beeper Pay. ................... .18
Longevlty Compensatlon.. .. ....... ..... .19
Educational Incentlve....... .......... .19
Asslgnment Bonus........................ 20
Motorcycle, pilot, & Observer Pay. ..... .20
Bonus for Employees Not on 4/10
Work Schedule...... ..... .............. .22
Bilingual Pay.. ........ _.............. .23
Promotional Pay Rate............... .... .24
Y -Rating. . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . .24
Actlng Pay. . . . . . ... . . . . . . . . . . . . . . .24
FTO Bonus. . . . . . . . . . .. ............... 25
Agent's Pay.... . ..... . . . . . . . . . . . . . . .25
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01:
3 02:
3.03:
3 04:
3.05:
3.06:
3.07:
3.08:
3.09:
3.10:
3.11:
3.12:
Health Insurance Programs......... .. 26
Benefits Trust.. ............. . '" .26
Optional Employee Benefit Program.. 27
Retlrement.. .... ........ .. 28
Deferred Compensatlon. ... ... ... 29
Equipment ProvldedjReimbursed....... .. .29
Uniform Allowance..... .............. .. 30
Mlleage Reimbursement......... ........ .30
Sick Leave Buy-Back...... . . . . . . . . . . . . .30
Sick Leave Bonus..... .... ...... .32
Filming Assignment... .... ...... .32
Health Incentlve Bonus... ...... .33
ARTICLE IV: LEAVES
4.01:
4.02:
4.03:
4.04:
4.05:
4.06:
4.07:
4.08:
4.09:
4.10:
4.11:
4.12:
4.13:
Paid Holidays........ .... ...... .34
Vacatlon Leave. ..... .... ...... .35
Sick Leave............... . . . . . . . . . . . . . . .36
Leave of Absence Without Pay..... ...... .38
Bereavement Leave........ . . . . . . . . . . . . . . .38
Milltary Leave. ..... ...... ...... .38
Workers' Compensation Leave ...... .39
Parental Leave........... ...... .39
Job Sharing.......... .... ...... .39
Minimum Staffing......... . ...... .40
Asslgnment of Voluntary Overtime ...... .41
Probationary Period. . . . . . . . . . . . . . . . . . . . .41
Family Leave......... .... . ...... .41
ARTICLE V: WORKING CONDITIONS
5.01:
5.02:
5.03:
5.04:
5.05:
5.06:
Safety ......................... .......43
Effect of Job Performance on Salary.... .43
Employee Parklng..... .................. .43
VacationjSlck Leave Notification. ...... .44
Conduct Review........... . . . . . . .44
Use of Clvllian Employees and
Volunteers............... ...... .44
ARTICLE VI: EMPLOYER/EMPLOYEE RELATIONS
6.01:
6 02:
6 03:
6 04:
6 05:
6 06:
6.07:
6 08:
6.09:
Payroll Deductions.... ....... 46
Reasonable Notice..... ....... 46
Agency Shop. . . . . .. . . . . . . . . . . . . . . 46
Chairperson's Shift ....................47
Time Off for SMPOA Business.... ... . . ... .48
Grievance & Complaint Polley........ ... .49
Court Reporter... . . . . . . .. .. 50
New Pollee Department Facility.... 51
Disabillty Retirement Dispute
Resolutlon Procedure ........... 51
. . .54
EXHIBIT A. . . . . .. .. .. . . .
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SANTA MONICA POLICE OFFICERS ASSOCIATION
CITY OF SANTA MONICA
ARTICLE I. GENERAL PROVISIONS
1.01. Parties to Memorandum
This Memorandum of Understanding (MOD) has been prepared
pursuant to the terms of Ordlnance No. 801 (CCS) of the
City of Santa Monica, WhlCh ordinance is hereby
lncorporated 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 pollce Offlcers
Association (SMPOA), on behalf of employees occupying the
line-item position classificatlons set forth in Exhibit
A WhlCh 1S attached hereto and made a part hereof.
1.02.
Purpose
The parties agree that the purpose of this MOU is' to
promote and provlde harmonlOUS relations, cooperatlon and
understanding between the City and the employees covered
herein; to promote an orderly and equitable means of
resolving dlfferences 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 withln the scope of
representation for employees represented by SMPOA.
1.03.
Term of Aqreement
This agreement shall be effective on July I, 1995 and
shall remaln ln full force and effect untll
June 30, 1997. It shall be automatlcally renewed from
year to year thereafter unless elther party not1fles the
other in wrltlng not later than March I, 1997 (or in the
event of an automatic renewal, March 1 of ~he following
year) that it deslres to termlnate or modlfy thlS
agreement, and specifically indicates requested
modlflcations. If the Clty, as a result of a flnal
declslon of the California or Un1ted States Supreme Court
ln the case of Santa Clara Local Transportation Author1ty
v. Guardino and/or related State legislation, is no
longer able to collect taxes derived from an ordinance
which was not approved by the voters, the City shall have
the option of reducing the term of this agreement to a
one year period so that the agreement would expire
June 30, 1996. The City must exercise this option by no
later than March 1, 1996 by written notification to
SMPOA, in WhlCh case each party shall have until
April 1, 1996 to submlt its requested modlfications to
the entire agreement.
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1.04.
1. 05.
1.06.
1. 07
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Continuatlon of Terms
The wages, hours of work and other terms and conditions
of employment covered by this MOD, including those wages,
hours of work and other terms and conditions of
employment in existence prior to this MOD although not
specifically referred to by this MOU, shall constltute
the wages, hours of work and other terms and conditlons
of employment for the term of this MOD.
Ratiflcation
This MOD is of no force or effect whatsoever unless or
until ratlfied and approved by the membershlP of the
SMPOA and ratified and approved by resolutlon duly
adopted by the City Council of the Clty of Santa Monica.
Recoqnized Employee Association Name
The SMPOA is hereby acknowledged as the Recognlzed
Employee Organlzatlon representing only the permanent
line-ltem employment position classlflcatlons set forth
in Exhlblt A (which is attached hereto and made a part
hereof) pursuant to Section 3.04 (c) of Ordlnance No. 801
(CCS). It is the mutual understandlng of the parties
hereto that acknowledgment of the SMPOA as the recognized
employee organization:
A.
Does not preclude employees
positlon classiflcatlons
themselves individually ln
relations with the Clty.
in such employment
from representing
their employment
B. Does not preclude or restrict the rlght of
management offlclals to meet and consult with
employees ln such employment position
classlfications concerning their employment
relations with the Clty.
C. Does not permit (and hereby expressly prohlbltS)
employees OccupYlng the employment position
classiflcatlons of Pollee Lieutenant and Police
Captain from representlng the SMPOA.
Scope of Representatlon
The scope of representation of the recognized employee
organizatlon shall lnclude all matters relating to
employment conditions and employer-employee relations
includlng, but not limited to, wages, hours, and other
terms and conditions of employment, except, however, that
the scope of representatlon shall not lnclude
consideration of the merlts, necessity, or organlzation
of any service or activity provlded by law or executlve
order and that the scope of representatlon shall be
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1 08.
1.09.
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exercised or performed In compllance with the provisions
of Ordlnance No. 801 (CCS).
Full Understandlnq, Modlflcation and Waiver
The partles agree that each has had full and unrestrlcted
right and opportunlty to make, advance, and discuss all
matters properly wlthin the scope of representation as
outlined in Section 2.05 of Ordinance No. 801 (CCS). This
MOD constitutes the full and complete agreement of the
parties and there are no others, oral or written, except
as specifled in this agreement. Each party, for the term
of thlS MOU, speclfically waives the rlght to demand or
pet1tion for changes herein, whether or not the subjects
were known to the parties at the time of executlon hereof
as proper subJects wlthin the scope of representatlon as
outlined in Section 2.05 of Ordlnance No. 801 (CCS)
Manaqement Rights Reserved
The City retalns all rights not speciflcally delegated by
this agreement, including, but not llmited to, the
excluslve rlght to:
A.
Direct, supervise,
discipline, dlscharge,
and retain employees.
suspend,
schedule
hlre, promote,
transfer, asslgn,
B. Relieve employees from duties because of lack of
work or funds, or under conditlons where continued
work would be lnefflcient or nonproductive.
C. Determine serVlces to be rendered, operations to be
performed, utllizatlon of technology, and overall
budgetary matters
D. Determine the approprlate job classificatlons and
personnel by which government operations are to be
conducted.
E. Determlne the overall misslon of the unit of
government.
F.
Maintain and improve the efflciency
effectlveness of government operations.
and
G. Take any necessary actlons to carry out the mlSSlon
of an agency in sltuatlons of emergency.
H. Take whatever other actlons may be necessary to
carry out the wlshes of the public not otherWlse
specified above or by collect1ve agreement to the
extent the City acts in a legal manner in
compliance with State law
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1.10.
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Peaceful Performance of City Services
A. It is mutually understood and agreed that
participatlon by any employee in a strike or a
concerted work stoppage terminates the emploYment
relatlonship in the absence of speclflc written
waiver of such termlnatlon by an authorized
management official
B. It is mutually understood and agreed that none of
the partles hereto will partlclpate in, and/or
encourage, assist or condone any strike, concerted
work stoppage, cessation of work, slow-down,
sit-down, stay-away, lllegal plcketing or any other
lllegal form of interference with or limitation of
the peaceful performance of City serVlces In the
event of any such action, the City has available to
it any and all remedles provided by law.
C The protectlon of the public health, safety and
welfare demands that neither the employee
organizat1on, and its members, nor any person
acting in concert wlth them, shall cause, sanctlon,
or take part in any strlke, walk-out, slt-down,
slow-down, stoppage of work, picketing, retardlng
of work, abnormal absenteeism, withholdlng of
services, or any other illegal lnterference with
the normal work routine. The provisions of this
article shall apply for the same term as this
agreement, or durlng any renewal or extension
thereof.
D. The City agrees that there shall be no general
lockout of bargaining unit members.
E. Both parties agree to exercise good falth ln
complYlng wlth the terms and conditions of this
MOU.
F. The Personnel Dlrector shall reVlew the compliance
wlth thls MOU at least once every six months.
G. The provisions of this Section shall apply for the
same term as this MOU or durlng any renewal or
extension thereof
validlty of Memorandum of Understandinq
If any prOVlSlon of thlS MOU is determined to be lnvalld
or illegal by a court of competent Jurlsdlctlon, or
should any change be made in any Federal or State law, or
in any rules and regulations implementing such
leglslatlon, or 1n any City Charter provision herein
contained, then such provlslon shall be superseded and
severed from thlS MOU, and shall be replaced by a
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1.12.
1.13.
1 14.
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substitute benefit or provision of equal value or worth,
with the remainder of this MOD to remain ln full force
and effect. The partles hereto shall lmmediately meet for
the purpose of determining the precise nature and form of
such substitute beneflt or provision for the purpose of
replaclng any such invalid or illegal provision
Captions for Convenlence
The captions herein are for convenlence only and are not
a part of this MQU and do not ln any way limit, deflne,
or amplify the terms and provislons hereof.
Equal Employment
It is agreed that a balanced work force can enhance the
Police Department's relatlons wlth the community. The
Clty and SMPOA will fully comply wlth the letter and
splrit of all applicable Federal, State and local laws,
rules and regulatlons governing equal emploYment
opportunity and with the City's current Afflrmatlve
Actlon Program and current policy on Sexual Harassment,
which are lncorporated by reference herein The City and
SMPOA wlll strive to achleve a work place free of bias
and neither party will support or condone manifestations
of preJudlce by employees covered hereunder Both
partles agree to ablde by the requlrements of the
Amerlcans wlth Dlsabllltles Act (ADA).
Definitions
The following definitions are to be applied ln the
interpretation of this MOU:
A. IISalary Rangelt shall mean the normal five step (A
through E) hourly or monthly pay scale (and the
bl-weekly equlvalent) asslgned to each employment
posltlon classiflcatlon within the clty work force
based upon the following amounts of serVlce In the
posltlon
Step
Amount of Service
A
B
C
D
E
Durlng-flrst year
During second year
Durlng thlrd year
Durlng fourth year
After fourth year
The above step progresslon shall be subject in all
cases to the provisions of Section 5.02 herein.
B. nSalary Range Steps A Through Ell for each
employment position classification withln the C1ty
work force shall mean and be established to bear
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the following percentage relat10nship 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. I1Nearest Dollarl1 shall mean the next lower dollar
when the computed amount 18 50 cents or less and
the next higher dollar when the computed amount is
51 cents or more.
D. uLine-Item Posltionl1 shall mean a posltion WhlCh
is
(1) speclfically itemlzed in the personnel
schedule of the annual budget of the City of
Santa Monica; and
(2) eliglble to accumulate vacation, sick leave
and other tlme off in proportion to the
percentage of the full-tlme forty (40) hour
week.
E. UPermanent Employeell shall mean:
(1) A person who is legally an lncumbent,
including a probationary employee, of a
line-ltem posltion; or
(2) A former legal incumbent of a line-item
positlon on authorlzed leave of absence from a
regularly budgeted position which positlon is
held for the employee pending the employee's
return.
The term "permanent employee II 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
denled the right to those due process protections
appropriate to hls/her status under the Municipal
Code and C1ty Charter and appllcable State law.
F. "Date of Entrance Annlversaryll shall mean the date
WhlCh recurs annually after the date of entry into
a position in the classified service of the City of
Santa Monlca, elther by original employment,
re-employment or promotion. The date of entrance
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for employees wlth broken serVlce shall be
considered as the date on which the last unbroken
service was effective.
G. USatisfactory Service" shall mean the attainment of
not less than "Overall Satisfactory" on the
performance report ~mmedlately precedlng the
employee's date of entrance annlversary.
H. "Full-time Work Weeklt shall mean forty (40) hours.
(1) The aforementloned work week includes all time
spent, lf any, for meal periods and brlef1ng
tlme as directed and assigned by the City. No
extra compensation shall be granted for any
work performed during said meal perlods or
briefing seSSlons, lf any, and during said
periods off leers shall be subject to the
d1rectlon and control of the City. The Clty
may hold voluntary briefing periods at WhlCh
attendance lS not required No compensatlon
shall be provlded for attendance at any such
voluntary period, unless otherwise requlred by
applicability of the Fair Labor Standards Act.
(2) Incumbents of Ilne-item posltlons employed in
a work week less than that defined as the
full-time work week shall be compensated ln
that proportion of the compensation for
full-tlme employment as the number of hours
budgeted for that posltlon bears to the
full-time work week; incumbents of line-ltem
positlons employed in a work week greater than
that defined hereln shall be compensated for
hours in excess of the full-time work week on
the basis of and in accordance wlth the
provisions of Section 2.03 hereof relatlng to
overtime
(3) Incumbents of Ilne- item posltions regularly
working less than the full-tlme work week
shall accrue vacation, sick leave and other
tlme off In the same ratio as the average
number of hours they work per week is to the
full-time work week for the position occupied.
I lIBase Salarylt shall mean the employee's salary and
does not include longevlty, overtime, bonuses,
educational incentive, etc.
J "Effectl ve Salarylt shall mean the employee's salary
and longevlty
K lIRegular Rate of Pay" shall mean the employee's
base salary plus longevity, educational incentive,
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1.15.
1.16.
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5/8 bonus, motorcycle/pilot/observer bonus, agent
pay, FTO pay, and any other supplemental pays
required to be included by the Fair Labor Standards
Act (FLSA}, should FLSA be appllcable to employees
covered hereln
L. 11 Pay" shall mean compensatlon for regular hours
worked, sick leave, bereavement leave, vacation,
holidays, and/or Jury duty.
M. "In Pay Status" shall mean recelvlng pay.
N. "Completed calendar month of service" shall mean a
calendar month in which an employee has been ln 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
Clty for any overpayment of wages or beneflts. Said
relmbursement shall not be required untll the City
notifles the affected employee in writlng. If the
overpayment was not the result of fraud or
misrepresentation by the employee, the overpayment shall
be reimbursed by payroll deductlons 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
result of fraud or misrepresentation, the overpayment
shall be relmbursed by lmmediate lump-sum payroll
deduction(s). In any event a lump-sum deduction shall be
requlred lf the next subsequent employee payroll warrant
is the final or termination warrant issued to the
affected employee
Payments At Termlnation
When permanent employees covered hereln leave the serVlce
of the City of Santa Monlca they shall be entltled to
lump sum payoff of unused vacation days, unused
compensatory tlme and unused "bankedll holidays as deflned
ln Section 4 01 No claim shall be made against the City
for the use or payoff of unused slck leave, nor shall the
effectlve date of terminatlon be extended by use of slck
leave, vacation or deferred holidays.
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ARTICLE II: COMPENSATION
2.01. Effectlve Date Of Pay Increase
NotWl thstandlng any other prOVlSlon contained
salary-related changes provided hereln shall
effective on the flrst day of the payroll period
to the effective date stated herein.
herein,
become
closest
2.02.
Salar1es
Salarles of clty employees in line-item positions shall
be on a monthly rate, pald on a bi-weekly basis. In lleu
of the bl-weekly equlvalent to the monthly rate, the Clty
Manager may flX the compensation of any posltlon at an
hourly rate. In positions for which the work week lS
forty (40) hours, the hourly rate shall be determined by
dlviding the bi-weekly rate by eighty (80).
A. Effectlve July 1, 1995, the E-step salaries of
employees covered herein shall be 1ncreased by two
percent (2%).
B . Effective April 1, 1996, the E- step salarles of
employees covered hereln shall be lncreased, If
necessary, by the percentage equlvalent of the
amount required to cause the total compensatlon, as
defined below, of the classification of pollce
Officer to be the second highest of the total
compensation pald to employees at top step, wlth
s1xteen (16) years of service, of a comparable
classif1cat1on in the following local police
departments. Torrance, Beverly Hllls, Inglewood,
Gardena, Culver clty, 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 the employee's required retirement contribution
If: 1) the e~ployer pays the employee's required
retirement contributioni or 2) the employee pays
his/her requlred retirement contributlon in
exchange for an increase having been made to the
employee's compensation. There shall then be
subtracted from thlS sum any compensation
enhancement recelved In return for any agreement on
behalf of the employee to pay his/her own
retlrement contribution. There shall then be added
to the resulting remainder the maXlmum amount whlch
any such employee may receive over and above base
salary for uniform allowance, longevity bonuses and
deferred compensatlon paYments made by the employer
as a salary substltute on behalf of all employees
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in the comparable classiflcation and the value of
any retirement enhancement produced by causing the
employer's payment of the employee's normal
retirement contrlbution to be included in the base
upon which retlrement benefits are calculated. The
latter 1tem shall be computed by multiplying the
value of the employer paid employee retirement
contributions by the employer's required
contribution rate plus n~ne percent As an
example, if the compensation earnable of an
employee is $4,000 per month and the employer's
required contribution rate is 11%, the value of
this enhancement is $72.00 [$4,000 x .09 = $360j
$360 x (.09 + 11) = $72.00J
C. Unless the Clty lawfully exercises the opt1on
descrlbed in Sect10n 1.03, effective July 1, 1996,
the E-Step salarles of employees covered herein
shall be increased by a minlmum of two percent
(2%), OR, lf higher, by an amount equal to the
percentage J.ncrease In the "cost-of-livlng" lndex
as measured by the Consumer Prlce Index (for Urban
Wage Earners and Clerical Workers, 1967 = 100) for
Los Angeles-Riverside-Anaheim, California,
published by the U.S. Department of Labor, Bureau
of Labor Statistics, for the base period of April,
1995 to Aprll, 1996. However, 1n no event shall
said adjustment excEed four percent (4%).
D. Unless the Clty lawfully exercises the optlon
described In Section 1 03, effectlve Aprll 1, 1997,
the E-step salaries of employees covered herein
shall be increased, if necessary, by the percentage
equl valent of the amount required to cause the
total compensatlon, as defined below, of the
classifJ.catlon of Police Offlcer to be the second
hlghest of the total compensat1on pald to employees
at top step, with slxteen (16) years of service, of
a comparable classiflcatlon in the following local
police departments: Torrance, Beverly Hills,
Inglewood, Gardena, Culver clty, Pasadena,
Glendale, Compton, Burbank, and Redondo Beach. For
the purposes of thlS provlsion, total compensatlon
shall be calculated by adding to the base salary
the value of the employee's normal retirement
contribution 1f: 1) the employer pays the
employee's required retirement contribution, or 2)
the employee pays his/her requ1red retlrement
contr~bution in exchange for an lncrease havlng
been made to the employee's compensation. There
shall then be subtracted from this sum any
compensatlon enhancement recelved In return for any
12
2.03.
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agreement on behalf of the employee to pay hls/her
own retlrement contribution. There shall then be
added to the resulting remalnder 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 classificatlon and
the value of any retirement enhancement produced by
causing the employer's paYment of the employee's
normal retirement contrlbution to be included ln
the base upon which retlrement benefits are
calculated. The latter item shall be computed by
multiplying the value of the employer pald employee
retirement contributions by the employer's requlred
contrlbution rate plus nine percent. As an
example, 1f the compensation earnable of an
employee is $4, ODD per month and the employer's
required contribution rate is 11%, the value of
thlS enhancement is $72.00 [$4,000 x .09 = $360;
$360 x (.09 + 11) = $72.00]
Overtlme
Overtlme shall mean work by employees occupying regularly
authorized line-item posltlons 1n any employment posit1on
classification covered herein ln excess of the employee's
regularly assigned work day or 1n excess of forty (40)
hours in one week, provlded such hours of work have had
the prior approval of an authorlzed departmental
management official. Except as provlded below, all
authorized overtime shall be compensated for by cash
paYment based upon one and one-half (1-1/2) tlmes the
hourly rate equivalent of the employee's monthly
effectlve 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 hereln. Notwlthstandlng
the above, employees in the classification of Police
Captaln shall not be entitled to any additional
compensatlon for performing regularly scheduled weekend
standby duties which are included wlthin their normal
worklng hours.
Subject to the followlng limitations, each employee may
elect to receive up to eighty (80) hours per f1scal year
of overtime compensation, after converSlon to premium
tlme, in the form of compensatory time off benefits ln
lleu of a cash payment. Employees asslgned to any work
schedule other than the 4/10 work schedule, except for
13
2.04
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motor officers, may only convert overtlme earned as 1) a
result of work1ng beyond the end of a regular work sh1ft,
2) because of a shortage of personnel, 3) as a result of
special invest1gations, and/or 4) the 4th of July.
Employees assigned to a 4/10 work schedule and motor
officers may only convert overtlme earned as a result of
court overtime that represents hours worked, or credited
as havlng been worked pursuant to Section 2.05, in excess
of the regularly scheduled work Shlft. All such
compensatory time off beneflts must be utilized during
that same flscal year. The employee also has the option
of cashing out some or all of hls/her accrued
compensatory time during the fiscal year by adding the
tlme to his/her time card. Any such beneflts not
utilized or cashed out during that fiscal year shall be
compensated by a cash payment at the conclusion of that
flscal year. The utllization of time off benefits shall
be accomp11shed in the same manner and subJect to the
same terms and conditions as the use of vacatlon
benefits.
The Chief of Police, at hls/her dlscretion, may increase
the maXlmum amount of compensatory tlme off that may be
earned in any given fiscal year to allow an employee to
malntain an on-going bank of up to elghty (80) hours,
provided that compensatory t1me off may not be utillzed
if it will result in the obligation to provlde overtime
compensatlon to replace that employee.
Call-Back Pay
Should a supervisor determine that it lS necessary to
call back any full time employee to work outside of
his/her regularly scheduled work hours, compensation
shall be as follows:
A. The employee who would regularly be off-duty for
the entire period worked shall receive the
appllcable overtime hourly rate of pay for all
hours actually worked, but in no event shall the
employee receive less than the equlvalent of two
(2) hours pay. For prearranged detalls, the minlmum
shall be for four (4) hours pay as described above.
B Where the overtime worked commences withln two (2)
hours (or, in the case of prearranged details, four
(4) hours) prior to the beglnnlng of the employee's
regularly scheduled work shift, the employee shall
recelve overtlrne compensation at the appllcable
overtime hourly rate of pay for all tlrne
transpiring between the commencement of the
overtime and the t~me the regularly scheduled work
14
2.05.
.e
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shift was scheduled to begin. Except as provlded
above, ~ndlvldual employees shall not have their
work schedule changed to avold the payment of
compensatlon under thlS Sectlon. ThlS shall not
prevent the Department from changlng 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 dlrectl ve relating to a matter that
arose durlng the course and scope of their employment
shall receive compensation as follows:
A. Except as provlded below in paragraphs B, C and D,
employees who would regularly be off duty for the
entire period of the appearance shall receive the
applicable overtlme hourly rate of pay for either
the actual number of hours In attendance, less any
noon recess, or a mlnlmum of three (3) hours,
whichever lS greater.
B. Where the court appearance commences wlthln three
(3) hours prior to the beglnning of the employee's
regularly scheduled work shift, the employee shall
receive overtime compensation at the appllcable
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 begln. In the event of
a sltuation that would have invoked the provisions
of Sectlon 2.04 of thlS Agreement, an employee may
be asslgned to perform law enforcement dut1es 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 belng
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 Shlft, the employee shall receive
compensation at the applicable overtlrne hourly rate
of pay for all time transpiring between the end of
the regularly scheduled work shift and the
conclusion of the court appearance; provlded that
where the court appearance commences on the
15
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employee's regularly scheduled day off the employee
shall also be entltled to a minlmum of three (3)
hours overtime compensation as provided above in
paragraph A. In the event of a situation that would
have invoked the provislons of Sectlon 2.04 of this
Agreement, an employee may be asslgned to perform
law enforcement dutles that otherwise would have
been performed on a call back basls durlng that
period of time between the end of the employee's
regularly scheduled shift and the commencement of
the court seSSlon without being entitled to any
additional compensation over and above that
described above.
D. The provislons of this Sect~on shall apply if a
court appearance that 18 scheduled to occur on an
employee's scheduled day off (lncludlng, for
example, an approved vacation) is canceled less
than twelve (12) hours in advance of the t2me the
appearance is scheduled to begln.
E. The provlsions of this Section shall not apply lf a
court appearance outslde of the employee's
regularly scheduled work hours on the employee's
regularly scheduled work day lS canceled any tlme
prior to the tlme of the court appearance.
F. Except as provided above in Subsectlon B, 1f an
employee is ordered to report to work after having
signed out from the court appearance in accordance
with Department policy, for other than hl.s/her
regularly scheduled Shlft, the provislons of
Section 2 04 shall apply.
An employee who appears in court on a day WhlCh 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 th2s Section, the employee's work shift
will end early by the same amount of time by WhlCh the
employee began his/her work shift early. When the
Department approves an employee-initiated action, he/she
shall forfeit any overtime compensatlon for the hour{s)
applied to hls/her regular work hours Except as provided
above, indivldual employees shall not have their work
schedules changed to avold the payment of compensatlon
under th1s Sectlon. This shall not prevent the Department
from changing the schedules of groups of employees.
16
2.06.
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Court Standby
Whenever an employee has been placed ln an on-call or
standby status whlle off duty in response to a subpoena
or directive ln relation to a matter that arose during
the course and scope of emploYment, the following shall
apply.
A. For (1) the first court session (either mornlng or
afternoon) during a calendar day, and (2) the
second court session durlng a calendar day where
the required appearance lS In connection with a
d1fferent matter than was involved ln the first
court appearance, employees shall recelve
compensation as follows
1.
Employees who are off-duty
period of the court seSSlon
amount equal to three
compensatlon at the straight
for the entire
shall recelve an
(3) hours of
time rate.
2. Where the standby or on-call assignment
commences within three (3) hours prlor 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
asslgnment and the tlme the regularly
scheduled work shift was scheduled to begin.
3. The provislons of thlS Section shall apply lf
a standby or on-call assignment that is
scheduled to occur on an employee's scheduled
day off (including, for example, an approved
vacatlon) is canceled less than twelve (12)
hours ln advance of the tlme the assignment is
scheduled to begln
4. The provisions of this Section shall not apply
if a standby or on-call asslgnment that is
scheduled to occur on an employee's scheduled
work day lS canceled any tlme prior to the
commencement of the standby or on-call status.
B. For the second court session In connectlon with the
same matter on that calendar day, the employee
shall receive compensatlon on an hour for hour
basls at the straight time rate.
17
2.07.
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C. Employees who are called into court after havlng
been in an on-call or standby status shall be
compensated as follows:
1 An employee who lS requlred to appear in court
durlng the initial court session on a calendar
day that the employee is placed in an on-call
or standby status shall recelve appropriate
premium overtlme compensation as provided in
Sectlon 2.05 of thlS Agreement as if the court
appearance began at the tlme the on-call or
standby asslgnment commenced.
2. An employee who lS ln 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
straight time compensation for the first court
session in accordance with paragraph A.1 of
this Section and shall receive appropriate
premium overtime compensatlon for the second
court seSSlon in accordance with paragraph c-1
of thlS Sectlon.
Beeoer Pay
Effective July 1, 1995, the following positions shall be
ellglble to receive beeper pay ln the amounts deslgnated
below. An employee holdlng one of the deslgnated
posltions will only be ellglble to receive the beeper pay
for those weekends (72 -hour periods) for which it is
mandatory that the employee report back to work if he/she
lS paged. Employees who are called back to work under
the provisions of thls paragraph shall receive overtime
compensation, if approprlate, only for time actually
worked with no minimum guarantee. The positions covered
by this provlslon are as follows: one (1) criminal
investigation supervlsor, two (2) homicide investigators i
one (1) sex crlmes investigator; one (1) superVlsor of
special enforcement; three (3) llabillty assessment team
officers; one (1) supervisor asslgned to the Office of
Special Enforcement (OSE); and one (1) investlgator
asslgned to the maJor accident investlgations team. The
beeper pay bonus which will be paid under this provislon
is as follows: Police Officer $75.00/weekend (72-hour
period); Police Supervlsor $85. OO/weekend (72-hour
period). It will not be mandatory for employees other
than those holding one of the posltions deslgnated ln
thlS provislon who are provided a beeper by the Police
Department to respond or report back to work if paged
except ln the event of a general call-back in the case of
an emergency.
18
2.08.
2 09.
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Any reassignment resultlng ln the discont1nuance of the
bonus shall not constitute a demotion under Clty Charter
Section 1110 and Munlclpal Code Section 2.04.630.
The SMPOA shall not assert, nor represent or provide
representation to any member ln asserting, that the
discontinuance of the bonus constitutes a demotion under
City Charter Section 1110 and Municipal Code Section
2.04.630. The SMPOA agrees that loss of these benefits
through elimination of the requirement that an employee
carry a beeper does not constitute punltlve action within
the meaning of the Publlc Safety Offlcer's Procedural
Bill of Rlghts Act, Government Code Sectlon 3500, et.
seq.
Lonqevlty compensatlon
Each employee covered hereunder shall recelve addltlonal
monthly compensation at the rates and for the service
perlods set forth in the following table:
% Payment
Years of Continuous Service
2.7%
5.4%
8.1%
Over flve (5) years to ten (10) years
Over ten (10) years to flfteen (15) years
Over fifteen (15) years
For the purpose of
defined as serV1ce
Agreement.
th1s provislon,
ln position(s)
shall be
by this
service
covered
Educational Incentlve
As an incentive for educatlonal advancement, the Clty
shall pay an amount equal to six percent (6%) of the
applicable base salary after attainment of an
Intermediate certlflcate from the State Commlssion on
Peace Officers Standards and Training (POST) or
attalnment of an AA or AS degree, or the equlvalent In
terms of numbers of units and courses taken, ln Pollce
SClence or a related fleld from an accredlted college or
unlversitYi or an amount equal to twelve percent (12%) of
the applicable base salary after attainment of an
Advanced Certificate from the State commisslon on Peace
Offlcers Standards and Tralnlng (POST) or attainment of
a Bachelor's degree In Police Science or a related fleld
from an accredited college or unlversity.
Any employee who through lnexcusable neglect fails to
satisfy the minimum POST mandated tralnlng requ1rements
shall be dlsqualified from recelvlng ~he beneflts
19
2.10.
2.11.
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provided in this Sectlon for a period of one (1) year
following the disqual~flcat~on.
Assiqnment Bonus
A.
All employees asslgned to the
Division or the Narcotlcs/Vice
receive an assignment bonus equal
(5%) of the employee's base salary
the employee is assigned to
dlvlslon/sectlon.
Investlgat~ons
sectlon shall
to five percent
durlng the time
work in that
B. All employees holdlng a posltlon in the job
classification of Police Officer and Pollce
Sergeant asslgned to a Metro team shall receive an
assignment bonus equal to five percent (5%) of the
employee's base salary durlng the time the employee
is assigned to work on a Metro team.
C. Any employee other than those who hold positions in
the assignments listed in subsections A and B above
who are currently receiving an assignment bonus
shall be "grandfatheredn and thereby contlnue to
receive this assignment bonus as long as that
employee continues to hold that position. Should
the employee be given a new assignment, the bonus
shall be removed, and the eTTlployee who replaces
that employee will not be entltled to rece~ve the
assignment bonus.
D. Any reassignment resulting in the discontinuance of
the asslgnment bonus shall not const~tute a
demotion under clty Charter Sect~on 1110 and
Municipal Code Section 2.04.630.
E. The SMPOA shall not assert, nor represent or
provide representatlon to any member lil asserting,
that the discontinuance of the assignment bonus
constitutes a demot1on under City Charter Section
1110 and Munlcipal Code Section 2.04.630.
F. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constitute punltive action within the meaning of
the PubllC Safety Officers' Procedural Bill of
Rights Act, Government Code Section 3500, et. seq.
Motorcycle, Pllot and Observer Pay
A. Employees covered hereln who are asslgned to the
motorcycle detail shall receive a bonus pay of
$250.00 per month. Employees covered hereln who are
20
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asslgned as pilot for the pollce alrcraft shall
receive a bonus pay of $150.00 per month. If such
employees are asslgned to a 5/8 work week the terms
of Section 2.12 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 pollce
aircraft shall receive a bonus pay of $1.50 per
each hour actually spent In that capacity, provlded
that on each occasion an lndlvidual is requlred to
serve in that capacity, she or he shall recelve a
mlnimum 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 pollce aircraft an accidental
death and dlsmemberment lnsurance pollcy which wlll
provide among other beneflts a cash payment ln the
sum of $100,000 to the deslgnated beneflciaries of
any such employee who lS killed as a result of an
on-duty accident while serving ln any such
capacity.
D. Employees covered herein who are asslgned to the
motorcycle detail shall have the optlon of home-
garaglng the motorcycle and ridlng the motorcycle
back and forth between home and work for any and
all duty asslgnments as long as the employee's home
lS withln a 25 -mlle radlUS of the clty. If an
employee is ellgible to home-garage his/her
motorcycle and elects to do so, he/she shall
perform all cleaning and detaillng duties currently
performed on-duty while on off -duty status and
shall not receive any additional compensation for
performing those duties. The employee who elects
to home-garage his/her motorcycle cannot stop along
the way for personal buslness whlle ridlng the
motorcycle to and from work The motorcycle must
also be stored lnside a locked garage and cannot be
parked on the street or driveway.
E. Any reassignment resulting in the discontinuance of
the bonus shall not constitute a demotlon under
City Charter Section 1110 and Municipal Code
Sectlon 2.04.630.
F. The SMPOA shall not assert, nor represent or
provide representation to any member 1n assertlng,
that the discontlnuance of the bonus constltutes a
21
2.12
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demotlon under City Charter Section 1110 and
Munlclpal Code Sectlon 2.04.630.
G. The SMPOA agrees that loss of these benefits
through normal rotatlon of employees does not
constltute punltive actlon for the purposes of the
PubllC Safety Offlcers' Procedural Bill of Rlghts
Act, Government Code Section 3500 et. seq.
Bonus for Employees Not on 4(10 Work Schedule
Each employee covered by thlS agreement who is not
continually asslgned to a 4(10 work schedule, excludlng
employees receivlng a bonus pursuant to Section 2.10,
Subsection A, of thls Agreement, shall recelve for each
pay period a bonus of $50.00 for such assignment subject
to the following:
A. This bonus lS paid w~th the express understanding
that the bonus shall discontinue upon the
reassignment to a 4/10 work schedule.
B. Any reassignment resulting in the discont~nuance of
the assignment bonus shall not constitute a
demotion under Clty Charter Section 1110 and
Municipal Code Section 2 04.630.
C. The SMPOA shall not assert, nor represent or
provide representation to any member in assertlng,
that the dlscontinuance of the asslgnment bonus
constltutes a demotion under City Charter Section
1110 and Municipal Code Section 2 04.630.
D. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constitute punitive action within the meaning of
the Public Safety Officers' Procedural Bill of
Rights Act, Government Code Section 3500, et. seq.
E
Both parties
retains the
officers to
schedule.
acknowledge that the Chief of Pollee
authority to freely assign police
and from assignments on any work
F. The assignment bonus will be paid at a flat rate ln
each pay perlod and does not lncrease the
employee's base or effective rate of pay for
purposes of computing slck leave payoff or other
pays. The assignment bonus is lncluded in the
employee's regular rate of pay for overtlffie
calculations. Because thlS paYment is recelved for
the employee's speclal work assignment, work days
22
2.13.
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and/ or hours, it shall be regarded as II spe c i al
compensationll wlthin the meaning of Section
20023(c) (1) of the callfornia Government Code.
G Effective January 1, 1994, the Chlef of Police is
wllling to place those employees, other than Pollce
Lieutenants and Police Captains, who are currently
assigned to a work schedule different than the 4/10
on a 4/10 work schedule on a trlal basis
(Investigations Divlsion, Office of Speclal
Enforcement & Administration). The language
regardlng this trial work schedule program wlll be
developed in collaboration with SMPOA, subJect to
sole and final approval by the Chlef of Pollce,
speclfYlng a trial period as well as operatlonal
and adminlstrative indlces of performance whlch
will be used as the basls for a determlnatlon by
the Chief of Police as to whether or not the work
schedules will be maintained permanently. At the
end of the trial period, ln the event the Office of
Special Enforcement (OSE) is the only work unlt
among those participating in the trial period whlch
1S not allowed to contlnue to work a 4/10 work
schedule, employees holdlng a posltion in the Job
classiflcations of Police Offlcer and Police
Sergeant assigned to aSE shall be entltled to
recelve a work schedule bonus equal to five percent
(5%) of the employee's base salary durlng the tlme
the employee is asslgned to work in the Offlce of
Speclal Enforcement. If the OSE employees should
be placed back on a 4/10 work schedule, the 5%
bonus will be discontinued. In the event said
bonus is paid, it shall be subject to the terms and
conditlons outlined in subsectlons A through F
listed above.
Bllinqual Pay
Qualified employees who must meet the crlterla set forth
hereln shall receive a bilingual skill pay of $50.00 per
month. To recelve bi11ngual pay the followlng criteria
must be met:
(1) The employee must be assigned to speak or translate
a language in addltion to English. Thls may include
speciallzed communlcation Skllls such as sign
language.
(2) An employee must be lTI an assignment where he/she
is required to use such skills on a regular basis.
23
2.14.
2.15.
.
2.16
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(3) To become qualifled, an employee must be certifled
as qualified through examination admin~stered by
the Personnel Department.
An employee who qualifies for bilingual pay under thlS
Section because of Spanish language skllls shall receive
an addltional $50.00 per month, for a total of $100.00
per month.
An employee who has not been certifled and qualified and
is not receiving bilingual Skll1 pay wlll not be requlred
to utllize this skill except lTI an emergency sltuation.
If, during the term of this Agreement, a higher bilingual
pay ~s provided by the Clty Council to any other
bargaining unit, employees covered hereln shall receive
the higher rate.
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 positlon, the employee's
salary shall be lncreased to the next higher rate to that
attained in the former posltion. In the event the
promotion 18 to a supervisory positionj the employee
promoted shall receive not less than the next higher rate
above the highest rate being pald to subordinates.
Y-Ratinq
When a personnel action, e.g., demotion due to layoff or
reclasslfication, results ln the lowerlng of the
incumbent employee's salary range, the incumbent
employee's salary may be Y-rated. nY-ratedlt shall mean
the maintenance of the incumbent employee's salary rate
at the level effectlve the day precedlng the effectlve
date of the personnel action placing the employee ln 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.
Actinq Pay
Whenever an employee lS dlrected to perform all of the
duties and assume all of the responsibllities of a hlgher
classlficatlon for a mlnimum of elghty (80) consecutive
work hours, that employee shall be paid at the lowest
salary step of the hlgher classification which will
result ln a salary increase of at least 5% for all time
worked ln the hlgher classlficatlon
24
2.17
2.18
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FTO Bonus
A. All employees regularly assigned as Field Training
Officers shall recelve an assignment bonus equal to
flve percent (5%) of the employee's base salary.
B Any reassignment resultlng in the discontinuance of
the assignment bonus shall not constltute a
demotion under City Charter Sectlon 1110 and
Municipal Code Section 2.04.630.
C. The SMPOA shall not assert, nor represent or
provide representation to any member In asserting,
that the dlscontinuance of the asslgnment bonus
constitutes a demotion under City Charter Section
1110 and Municlpal Code Section 2.04 630
D. The SMPOA agrees that loss of these benefits
through normal rotation of employees does not
constltute punltive action withln the meanlng of
the Public Safety Officers' Procedural Bill of
Rights Act, Government Code Section 3500, et. seq.
Aqent's Pay
Whenever an employee has been designated by the Chlef of
Police or his designee to act as an "agent, 11 that
indlvidual shall receive addltional compensatlon at the
rate of $.35 per hour for all time the employee is
servlng ln that designated capaclty. Because that
additional payment lS received for speclal skllls,
knowledge, abilities and/or work assignment, it shall be
regarded as llspecial compensatlonll wlthin the meaning of
Section 20023 (c) (1) of the California Government Code
25
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ARTICLE III: SUPPLEMENTAL BENEFITS
3.01.
Health Insurance Proqrams
A. Medical Insurance
The City shall contlnue to contract wlth the Public
Employees' Retirement System (PERS) to make
avallable to those employees covered herein and
thelr dependents and to eligible retirees and their
dependents the health insurance benefits avallable
under the Public Employees' Medical and Hospital
Care Act, as set forth in Section 22751, et. seq.,
of the Callfornla Government Code (hereinafter
referred to as the PERS Program). The City shall
contr~bute toward the payment of premiums under the
PERS Program on behalf of each ellgible employee
and, to the extent requlred by law, each eligible
retlree annultant the sum of $16.00 per month.
B. Dental Insurance
The City shall continue to provide to all employees
covered by this agreement, and eliglble dependents,
the beneflts available under the existing dental
insurance plan maintained by the City, wi th the
City to pay 100% of the premlums for sald dental
insurance plan, provided that employees and
eligible dependents participate in the
City-provided dental lnsurance plan.
C Vision Insurance
The City agrees to continue to provlde vision care
lnsurance, at no cost, to employees covered
hereunder. The City retains the right to select the
provider and to set levels of coverage for said
v~sion care lnsurance plan. The City also retains
the right to change the provider of said vislon
insurance plan and/or the level of benefits
provided under that plan without meetlng and
conferring.
3.02.
Benefits Trust
In addltion to the benefits described in Section 3.01,
effective July 1, 1995, the City shall contribute four
hundred flfty-nine dollars ($459) per month ($475 - $16
= $459) for each active employee covered by this
Agreement into a trust to be established and administered
by SMPOA in accordance with federal and state laws. The
26
3.03.
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trust will be used to pay all or part of lnsurance
premlums for actlve employees and thelr dependents and,
to the extent authorlzed by the trust, ellglble future
retires and dependents. SMPOA shall be responslble for
all costs assoclated with establlshing and administering
the trust. City contrlbutlons to said trust shall be
governed by applicable federal and state laws. The City
shall not be responsible for any tax llablllty associated
with contributlons to and/or payments made from the
trust The monthly contributlon for an actlve employee
wlll only be made for each month that the employee is
ellgible to receive medlcal insurance coverage under the
PERS Program The City shall then blll SMPOA, on a
monthly basis, for the medical insurance premlums for all
active SMPOA employees participatlng in the PERS Program
for the month in question less $16.00 per employee. On
a monthly basis, SMPOA shall reimburse the clty for the
amount bllled. In the event the funds relmbursed by the
trust are insufficient to cover the cost of the monthly
medlcal insurance premiums for active SMPOA employees and
thelr dependents partlcipatlng in the PERS Program, any
extra payment required shall be paid either (a) through
direct payroll deductlons from the employees
partlcipating in the PERS Program, with the amount owed
to be divided equally among all participatlng employees,
or (b) by dlrect payment from SMPOA.
In the event the City grants a medical lnsurance premlum
contrlbution cap WhlCh exceeds $475/month to another ci ty
bargalning unit, the clty shall contrlbute the amount of
the higher medlcal insurance premlum contrlbutlon cap,
less $16.00, for each actlve employee covered by this
Agreement into the trust. The same terms and conditlons
described in the above paragraph will still apply.
SMPOA has the optlon of havlng employees covered herein
make a monthly contrlbution to the trust. In the event
SMPOA elects to exercise thls option, SMPOA shall notify
the City as to the amount (either a fixed percentage or
a flxed dollar amount) which lS to be deducted from each
actlve employee's paycheck.
Optional Employee Beneflt proqram
A maximum of $45.00 per month per employee, payable ln
equal installments on the first and second paycheck of
each month, shall be remltted by the Clty to SMPOA to
cover the cost of employee required contributlons towards
medical insurance premiums, as provlded in Sectlon 3.01,
and/or the cost of optional insurance programs if an
employee elects such insurance. SMPOA shall provide proof
of coverage for each employee recelving thls beneflt for
optional insurance programs and shall submlt monthly
statements to the Finance Department detailing the amount
27
3.04.
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to be paid on behalf of each employee receiving this
benefit.
Retirement
The City is a contract member of the Public Employee's
Retirement System, and it lS understood and agreed that
such membership w1ll be maintained and that employee
eliglbility, classificatlon, contributions, and benefits
are as prescribed In the contract between the City and
the PubllC Employee's Retlrement System heretofore
approved by the Clty Councll. The City shall pay on
behalf of each permanent employee covered herein one
hundred percent (100%) of the lndivldual employee's share
of the required retirement contributions to PERS [nlne
percent (9%) of the employee's lIcompensation earnable" as
defined by the Public Employees' Retirement Law,
Government Code Sectlon 20000 et.seq.]
These payments are not increases of salary and no salary
range appllcable to any of the affected employees shall
be changed or be deemed to have been changed by reason of
such paymentsi as a result, the City will not treat these
payments as ordinary income and thus, will not wlthhold
federal or state income tax therefrom. The City's
practice will be to report these payments as be1ng those
of the employees so that they will be credited to the
particular employee's indivldual account wlth PERS.
It 1S agreed that if state and/or federal procedures
requlre reporting of these payments ln any other manner,
the parties wlll abide by such requirements.
As of December 1, 1995, the above provisions of Sectlon
3.04 shall be replaced wlth the following provlslon
Each employee shall have his/her base salary lncreased by
7.20%, which takes into account a base salary reduction
of eight-tenths of one percent (0.8%) to cover the
additional costs lncurred by the City as a result of the
lmplementation of this provlsion. The 0.8% reduction to
base salary shall cease as of the year 2018, with base
salarles to be increased by 0.8% as of July 1, 2018, but
the remainder of thlS provislon shall be in effect unless
modlfied by the partles at a future date The City shall
be relieved of its obligatlon to pay the employee's
required contribution to PERS [nine percent (9%) of the
employee's "compensation earnable" as defined by the
Public Employees' Retlrement Law, Government Code Sectlon
20000 et.seq.] provided, however, that the City shall
lmplement the prov~sions of Section 414 (h} (2) of the
Internal Revenue Code WhlCh allow that the employee
contributions to PERS wl11 be treated as employer
28
3.05.
3.06.
e
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contributions for federal and state tax purposes. So
long as permltted by the Internal Revenue Code and/or
state tax laws, the value of thlS "pick-up" shall be
regarded as deferred compensation, and the gross ordlnary
lncome reported to the applicable taxlng authorltY(les)
shall be reduced by that amount. SMPOA and/or employees
covered by this agreement shall be responsible for any
tax llability assoclated with this prOVlSlon.
If not already provided, following ratification of this
Agreement, the Clty shall amend its contract wlth PERS to
provide the following benefits:
1 Military Service Credit as Public Servlce, as set
forth in Section 2093 0.3 of the californla
Government Code.
2. Thlrd Level of 1959 Survivor Benefits as set forth
in Sectlon 21392.4 of the Callfornia Government
Code.
Deferred Compensation
It is hereby agreed that employees covered hereln are
elig~ble to partlcipate in the Clty'S deferred
compensation plan.
Equlpment Provided/Relmbursed
The clty shall provlde each newly hired officer with a
service revolver, holster, ammunition, nightstick,
handcuffs, raincoats and rain boots, keys, mace and
holder, patches, helmet, leather belt, cuff case,
ammunition holder, baton ring, keepers, key holder,
walkie-talkie accessories, vest, and coveralls for
certain assignments Employees newly asslgned as
motorcycle officers shall be provlded wlth boots,
breeches, leather jacket, helmet, eye protection and
gloves. Employees newly asslgned to beach detail shall
be provided on a reimbursement basis wlth shorts, T-shlrt
and hat. Such equipment shall remaln 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 negllgence, shall be
at Clty expense. Should an employee be relmhursed by any
third party for damage to any of the above items, sald
reimbursement shall be reml tted to the Clty lf the
employee has prevlously been reimbursed by the Clty.
In addltion, the Clty wlll relmburse employees covered
herein for necessary replacement of one (1) unlform shlrt
and pants, or, in lleu thereof, other department
29
3.07
3.08.
3.09.
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preapproved equipment of equal value, annually and one
(1) unlform jacket every flve (5) years, in August,
provided that receipts are presented to the
Adminlstrative captaln for approval at the time of
purchase. Each August, those employees not regularly
assigned to positions WhlCh requlre the daily wearlng of
the prescrlbed patrol unlform shall rece~ve, as an
alternative to the items set forth 1n this paragraph, an
annual clothing allowance of $150.00, which allowance
shall be in additlon to the uniform allowance afforded
under Section 3.07 of thlS agreement.
Uniform Allowance
In additlon to the beneflts provided under Sectlon 3.07
of this agreement, each employee occupying a regular
full-time posltion in the employment posltion
classiflcat~ons covered herein, shall receive a monthly
uniform maintenance allowance of $40.00. This allowance
along wlth the benefits available under Section 3.07 of
this agreement shall be in addition to and are not
intended to replace the rlghts of employees covered by
this agreement to secure payment or relmbursement 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.
Mlleaqe Reimbursement
Relmbursement to employees for the authorized use of
personal automobiles on City bUSlness shall be at the
rate establ~shed by the Clty Council.
Slck Leave Buy-Back
A. If an employee has 22 or more days of accumulated
slck leave at the end of any contract year, in the
first pay period of July of the follow~ng contract
year that employee may, if he/she lS on the payroll
durlng that pay period:
(1) "Bank" unused sick leave.
(2} Convert unused sick leave to payment based
upon the hourly rate equlvalent of the monthly
effective salary on the 30th of June precedlng
the date of payment computed to the nearest
one-tenth of an hour as follows:
30
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Less Than 10 Years Service
# Days Used
Prior To
End of
Contract Year
o
1
2
3
4
5
6
6+
10 Or More Years Service
#Days
Available
For Pay
# Days Used
Prlor To
End of
Contract Year
# Days
Avallable
For Pay
6
5
4
3
2
1
o
o
o
1
2
3
4
5
6
7
8
9
10
11
12
l2+
12
11
10
9
8
7
6
5
4
3
2
1
o
o
(3) Elect on or before July 1, to recelve payment
as computed in (2) above for one-half of the
days available for payment on the schedule in
(2) above and e 1 ther "bank" the remalTIlng
one-half of the avallable days for payment or
convert the remalning one-half of the
avallable days for payment to vacation time
off on a day for day basis. Those employees
assigned to a 5/8 work schedule may further
elect to convert up to 3 additional days of
those days avallable for payment to vacatlon
tlme off on a day for day basis ln lieu of
receivlng a cash payment for those avallable
days. Such conversion to vacation shall be
only for lmmediate use and shall not accrue to
the employee's vacation balance That lS, such
converted vacation days shall be used during
the contract year wherein the optlon to
convert lS exercised; provlded that such
benefits shall not be forfeited when an
employee has made reasonable attempts to use
them but has been denied permlssion to do so
by the Department, in which case the employee
may carry the converted days lnto the next
contract year. Such converted vacatlon days
shall be used prior to the use of any other
vacation days.
31
3.10.
3 11
. -
(4) Elect on or before July 1, to cause the
paYment avallable under the schedule 1n (2)
above to be deposited to his/her account with
the Clty'S deferred compensation plan assuming
the plan can be so amended.
Payment for unused slck 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
recelve a bonus of $250 lf his or her slck leave usage in
a contract year lS less than the average sick leave usage
for all non-probationary employees subject to this MOD
during the same contract year. The payment wlll be made
by separate check wlthin thirty (30) days after the end
of the contract year in questlon. In comput~ng the
average, no employee shall be deemed to have used more
than twenty-four (24) days of sick leave ln the contract
year, regardless of actual usage.
Fl1minq Assiqnments
The partles hereto agree that full-time sworn Pollce
personnel (includlng supervlsors) of the Santa Monica
Police Department shall be exclusively assigned to
provlde public safety for fllmlng companles fllmlng on
location within the Santa Monlca City limlts. Employees
so assigned shall receive a m1nimum of elght (8) hours
pay at overtime compensation for all hours worked under
the terms of Section 2.03. The partles hereto agree that
the Clty may lnclude as charges or fees to the filming
company administrative overhead costs. Such assignments
are expressly conditioned upon the fllm~ng company
agreeing to pay to the City all costs for and relatlng to
the asslgnment of such employee including, but not
llmited to, worker's compensatlon insurance premlums for
the purpose set forth ln this Artlcle. Such employees
shall have the right to volunteer for thlS assignment by
causing their names to be placed on an availability Ilst.
Assignments shall be made from that list on a rotatlng
basis. However, if an lnsufficient number of volunteers
are available from that list to serve a partlcular
project, the City may assign any such employees who are
willing to work such proj ect The Department shall supply
the necessary two-way rad10 communicatlon between the
employee and the Police Station and transportation from
the station to the fllming slte. Subject to the
provlslons of thlS Article, the admlnlstration of thlS
program shall be performed by the City at ltS dlscretion
32
3.12
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and this Artlcle shall be promulgated as Police
Department rules and regulatlons. Employees in the
classification of pollce Officer shall recelve a bonus of
$50.00 for each day assigned to movie overtime.
Health Incentive Bonus
Any employee hired on or after July 1, 1991 shall be
restricted from uSlng any tobacco product both on duty or
off duty. This provision will be maintained throughout
said employee's tenure wlth the Santa Monica Pollee
Department as a condltlon of employment.
All employees who currently habltually use tobacco may
enroll in a non-smoking clinic deslgnated by the City, at
the Clty'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 wlll recelve
a one-time only bonus in the sum of $250.00. At such tlme
that all employees qualify for that bonus, and provlded
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 thlS
Sectlon shall receive a one time only bonus ln 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 provlded ln thlS sectlon shall not be eligible
to receive said bonus
33
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ARTICLE IV: LEAVES
4.01.
Paid Holidays
A. There shall be 12 paJ.d holJ.days for permanent
employees covered herein, five of which shall be
floating holidays The holldays shall be:
New Year's Day - January 1
*Dr. Martin Luther King's Blrthday - Third
Monday in January
*Llncoln's Blrthday - February 12
Washington's Birthday - Third Monday ln
February
Memorial Day - Last Monday in May
Independence Day - July 4
*Labor Day - First Monday In September
*AdmisSlons Day - September 9
*columbus Day - 2nd Monday in October
Veteran's Day - Fourth Monday in October
Thanksgiving Day - Fourth Thursday J.n November
Christmas Day - December 25
All Other Holidays Declared By The Clty Councll
(*FLOATING HOLIDAYS ONLY)
B Whenever any day listed here1n as a paid holiday
falls upon the first or second day off of any
employee who has two (2) consecutlve days off, the
day preceding shall be deemed the holiday if it
falls on the flrst day off, and the day follow1ng
shall be deemed the holiday if it falls on the
second day off ln lieu of the day listed. Whenever
any day listed herein as a paid holiday falls upon
any day off of an employee who does not have two
(2) consecutive days off, the following day shall
be deemed the holiday for such employees.
C Employees shall be paid for such holldays in the
pay period in which the holiday falls based upon
the hourly rate equJ.valent of the monthly effectlve
salary computed to the nearest one-tenth of an hour
except as provlded below or ln Sectlon 6.05.
D Floating holiday hours must be taken off or
converted to pay prior to the end of the flscal
year ln 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 negotlated lncrease for July 1 of the
next fiscal year The use of floatlng holldays
34
4.02.
e
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shall be subject to the same approval as vacatlon
time off.
E. Subject to the provisions of Section 4.01(D),
floatlng holiday hours may be used at any t1me
durlng the flscal year in which they are earned If
an individual's employment termlnates during the
flscal year, the use and payment of floatlng
holiday hours shall be pro rated
F. Each holiday shall be compensated in an amount
equal to eight (8) hours at the employee's regular
rate of pay. The only exception is where an
employee who is regularly scheduled to work on the
hollday takes the day off without pay, and his/her
regularly scheduled work day exceeds eight (8 )
hours, in which case the employee will then recelve
holiday compensatlon for the number of hours the
employee was regularly scheduled to work on the
holiday. An employee who is regularly scheduled to
work on a hollday will only be given the day off
wlth holiday pay in the event it is not necessary
to replace the employee on aD overtime basis. Use
of vacation, compensatory or floatlng holiday pay
will cause the holiday to be paid on an eight (8)
hour basis
vacation Leave
Each permanent employee covered hereln shall accrue
vacation leave wlth pay on the followlng basis:
A. Following completlon of the first six calendar
months of continuous serVlce, six (6) worklng days
B. Thereafter, up to and lncludlng five completed
years of contlnuous serVlce, one (1) worklng day
for each completed calendar month of service
C. Thereafter, up to and including ten completed years
of continuous service, one and one quarter (1.25)
working days for each completed calendar month of
serVlce
D. Thereafter, up to and includlng fifteen completed
years of continuous service, one and one-half (1.5)
working days for each completed calendar month of
serVlce, and
E.
Upon completion of fifteen years
service and thereafter, one and
of continuous
three-fourths
35
6.07.
e -
(1) A full and fair evidentiary hearing before the
Personnel Board in accordance with the C1V1I
Service provisions of the Santa Monica City
Charter and Municipal Code; or
(2) A full and fair evidentlary hearlng ln
accordance with the Clty Charter and Municipal
Code before a hearing officer selected by
mutual agreement of the partles or as
otherwise provlded ln any ordlnance adopted by
the City Council. The hearing officer's
decision shall be presented to the Personnel
Board for approval or reJection; provided that
lf the Personnel Board elects to reject the
hearing officer's decision it must render an
independent decision after conducting a full
and fair evidentlary hearing as provided in
Paragraph (1) above.
Subject to the right to seek judicial review, both
partles agree that they will be bound by:
(1 )
A decision of the Personnel
whether the removal, demotlon,
was with or without just cause.
Board as to
or suspension
(2) A decislon of the Personnel Board that the
removal, demotlon, or suspension imposed by
the City was without just cause and that some
lesser degree of disclpllne should be lmposed.
c. Other grlevances, dlsputes or disagreements shall
be resolved as provided by the clvil service
provisions of the Santa Monica Municipal Code;
provided, however, Lhat representatlon by the
recognized employee organization shall be Ilmlted
to grievances, disputes or dlsagreements whlch
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 organizatlon
shall be Ilmlted, in thlS class of grievance, to
appearances before the lowest level of supervision not
represented by the employee organizatlon, the department
head, Personnel D1rector, and the City Manager.
Court Reporter
In any disciplinary appeal under Section 2.04.680 of the
Municipal Code, the SMPOA may request that a Court
50
6 08.
6.09
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Reporter record the proceedings. The cost of the Court
Reporter shall be shared equally by SMPOA and the City.
New Police Department Facility
In the event the Clty of Santa Monlca constructs a new
Police Department facility, the City agrees to meet and
confer wlth SMPOA as to space to be allocated to SMPOA.
Also subject to said meet and confer process will be the
issue of how the SMPOA space wlll be utillzed and under
whose control that space wlll fall
Disability Retirement Dlspute Resolution Procedure
A. When a safety member of the Retlrement System
applies for a disability retirement, and the Board
of Admlnlstratlon (lIBoardn) of the Public
Employees' Retlrement System (npERS") requests the
City to determine whether the applicant lS
lncapacltated for the performance of duty, the City
shall promptly perform all acts necessary,
including the conduct of a medical examination, to
determlne whether the applicant lS incapacltated
for the performance of duty. The determination of
the City shall include an explanation of the basis
for that decision. If the Clty has not made that
determinatlon wlthln 180 calendar days from the
date of the Board's request, it shall be deemed to
have determined that the applicant is incapacltated
for the performance of duty.
B. As soon as the City has made lts determination, lt
shall notify the employee in writing. This notice,
as well as all other notices requlred by this
procedure, shall be sent to the employee's home
address with a copy to hlS or her legal
representatlve, lf any. The notlflcatlon shall be
accompanled by a copy of this Disabillty Retirement
Dispute Resolutlon Procedure.
c. The employee may challenge that determination, or
any related decision by the City regarding hls/her
dlsabillty retirement or its effective date, by
submltting to the City Manager a written request
for a hearing. ThlS request must be submitted
within thirty (30) calendar days from serVlce of
the notice that is the subJect of the request for a
hearing. If the employee fails to submit such a
wrltten request within the prescribed time Ilmit,
the determination of the Clty shall become final
and no longer subJect to appeal.
51
-
--
D If the employee submits a timely written request
for a hearing, the matter shall be referred to the
Office of Admlnlstratlve Hearlngs so that a hearing
wlll be conducted by an Admlnlstrative Law Judge
from that office in accordance with the provisions
of Section 11500, et seq. of t~e Californla
Government Code, (the Administrative Procedure
Act). However, it shall not be necessary for the
City to prepare a Formal Accusatlon or Statement of
Issues, or for the employee to file a Notlce of
Defense, as ldentlfled in that Act. Instead, the
communicatlons described above shall replace those
items. However, all dlscovery rights described in
the Act shall be available to the parties, the
hearing shall be conducted in accordance with the
provisions of Section 11513 of the Callfornia
Government Code, the resultlng decision shall be as
specified in the Acti and all tlme Ilmits
prescrlbed ln the Act shall be appllcable.
E The Clty shall have the burden of proof that lts
decision should be upheld.
F The employee shall be entitled to a representatlve
of his/her choice ln the hearing. The cost of such
representation shall be borne by the employee.
G. Where testimony of clty employees lS involved, at
least seven calendar days advance notlce shall be
glven to the Department Head so that work
assignments may be made accordingly. Wherever
practicable, City employees needed as witnesses
shall be placed on an on-call basis and compensated
at their regular rates of pay of tlme spent in the
hearing.
H. The declsion of the Administrative Law Judge shall
be final, subject to judicial review commenced by
the employee in accordance with the provisions of
Sectlon 11523 of the California Government Code.
52
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IN WITNESS WHEREOF, the parties hereto have caused this
memorandum of understanding to be executed this 14 th day of
December , 1995
APPROVED AS TO FORM:
~iLU~
MARSHA JONEi'S!MOU'1'RIE
City Attorn){y
CITY OF SANTA MONICA
#~(.!1~-
JoF!N JALILI
city Manager
SANTA MONICA POLICE OFFICERS
ASSOCIATION
2;G~~
STEVE BRACKETT, CHAIRPERSON
~
~t r
7;)g~oWZ{L __
WILLIAM y1J,i; f)
~4~
CH~ISTOPHER DAWSON
1'~~ .:J'. ~
P~L~
SHANE S. TALBOT
53
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POLICE OFFICER
POLICE SERGEANT
POLICE LIEUTENANT
POLICE CAPTAIN
EXHIBIT "A"
JOB CLASSIFICATIONS
54
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.
Adopted and approved this 13th of December, 1995
/ccJ~
Mayor
I hereby certIfy that the foregomg ResoluTIon 8976 (CCS) was duly adopted at a meetmg
of the CIty Councd held on the 13th of December, 1995 by the followlllg vote
Ayes
CouncIl members
Abdo, Genser, Holbrook, O'Connor, Rosenstem
Noes
Councd members
None
Abstam
CouncIl members
None
Absent
Councd members
Ebner, Greenberg
ATTEST
~_~.~ll-- j
CIty Clerk ~