HomeMy WebLinkAbout2008 06 18 POA MOU - ExceptionIR114
BALDWIN
P A R K
CITY OF BALDWIN PARK STAFF REPORT
TO: Honorable Mayor and City Council Memb
FROM: Leticia Lara, Human Resources Manager
DATE: June 18, 2008
J-1
SUBJECT: Approval of Memoranda of Understanding (MOU) for the Baldwin
Park Police Association (POA)
PURPOSE
The purpose of this report is for the City Council to review and adopt the resolution of
Memoranda of Understanding for the Baldwin Park Police Association (POA).
BACKGROUND & DISCUSSION
Per City Council's direction, staff has been meeting and conferring with representatives
of the Police Officers Association. The City directed staff to engage in the negotiations
process and bring back for approval the respective Memoranda of Understanding.
The negotiation process has now been concluded and a majority of the members of the
subject Bargaining Unit have ratified the Memorandum of Understanding. The
appropriate resolution for adoption of MOU has been prepared for consideration of the
City Council. If the subject resolution is approved by the City Council it will implement
the terms and conditions of employment for two (2) years that was negotiated with
POA.
POLICE ASSOCIATION PROPOSED MOU 2008 -- 2010
The following are the significant changes to the City's current agreement with this
Bargaining Unit in the proposed MOU:
• Term of agreement is limited to two (2) year for the period of July 1, 2008
through June 30, 2010
Salary - Sworn Employees
4% Salary Increase for Sworn Employees effective the first payroll period
commencing on or after July 1, 2008
2% Salary Increase for Police Officers effective the first payroll period
commencing on or after July 1, 2009
2% Salary Increase for Police Officers effective the first payroll period
commencing on or after January 1, 2010
Agenda Staff Report
June 18, 2008
Page 2
• 2.5 % Salary Increase for Police Sergeants effective the first payroll period
commencing on or after July 1, 2009
0 2.5 % Salary Increase for Police Sergeants effective the first payroll period
commencing on or after January 1, 2010
Salary - Non-sworn Employees
• 2.5% Salary Increase for Non -sworn Employees effective the first payroll
period commencing on or after July 1, 2008
O 2.5% Salary Increase for Non -Sworn Employees effective the first payroll
period commencing on or after July 1, 2009
Other proposed changes to the POA MOU include increases to the Bilingual pay,
Education Incentive Pay, and Life Insurance.
Once approved by the City Council, the Memorandum of Understanding will represent
the entire agreement between the City of Baldwin Park and Police Association (POA).
FISCAL IMPACT
The fiscal impact associated with the approval of the Resolution No.2008 -043 for POA
will be approximately: $375,000 for FY2008 -09 and an additional $425,000 for FY2009-
10.
RECOMMENDATION
Staff recommends City Council waive further reading, read by title only and adopt the
following resolutions:
Resolution No. 2008 -043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE POLICE
ASSOCIATION "; and authorize the Chief Executive Officer and the Human Resources
Manager to execute the respective MOU's.
RESOLUTION NO. 2008 -2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF BALDWIN PARK AND THE BALDWIN PARK
POLICE ASSOCIATION PROVIDING FOR EMPLOYEES REPRESENTED
BY THE BALDWIN PARK POLICE ASSOCIATION.
YEARS —2008 -2010
WHEREAS, the representatives of the City Council of the City of Baldwin Park have met
and conferred with duly authorized representatives of the Baldwin Park Police Association to make
equitable adjustments to wages and other terms and conditions of employment, and
WHEREAS, a Memorandum of Understanding prepared by said representatives has
been presented to the City Council for ratification, and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby
RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. That this City Council does hereby approve and authorize the City of
Baldwin Park's Chief Executive Officer and Human Resources Manager to sign the
"Memorandum of Understanding between the Baldwin Park Police Association and the City of
Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees
represented by the Baldwin Park Police Association is hereby effective for the period of July 1,
2008 through June 30, 2010.
SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed.
SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall
forward a certified copy hereof to each Department Head and the Human Resources Manager.
APPROVED AND ADOPTED THIS 18th DAY OF JUNE, 2008
MANUEL LOZANO
MAYOR
Resolution No. 2008 -043 -Page 2
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK
I, LAURA NIETO, Acting Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing Resolution was duly and regularly approved and adopted by the City Council of
the City of Baldwin Park at its regular meeting of the 18 day of June 2008, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCILMEMBERS:
LAURA NIETO
ACTING CHIEF DEPUTY CITY CLERK
Resolution No. 2008 -013
Page 3
EXHIBIT "A"
CITY OF BALDWIN PARK
MEMORANDUM OF UNDERSTANDING
JULY 1, 2008 THROUGH AND INCLUDING JUNE 30, 2010
BY AND BETWEEN
THE BALDWIN PARK POLICE ASSOCIATION
AND
THE CITY OF BALDWIN PARK
This Memorandum of Understanding has been prepared pursuant to Government Code
Sections 3500 through 3510 as amended, which is generally referred to as the Meyers- Milias-
Brown Act.
This Memorandum of Understanding has been developed as a result of the requests of
the Baldwin Park Police Association. This Memorandum of Understanding is subject to the
approval of the City Council of the City of Baldwin Park and will be placed into effect upon the
adoption of the necessary ordinances and resolutions by the City Council, if acceptable to them, in
accordance with the terms and conditions hereinafter set forth.
The parties agree that the provisions contained herein shall be subject to all applicable laws
and covers the period of July 1, 2008 through June 30, 2010, unless otherwise provided. The
effective date of changes in all matters within the scope of representation set forth herein, are as
specified in the particular MOU sections.
Section 1 - Rights and Recognition
Recognition
Resolution No. 2008 -043
Page 4
The City hereby recognizes the Baldwin Park Police Association, as the representative of
the employee's representation unit consisting of the classifications set forth in the appropriate
salary schedules.
Management Rights
All management rights and functions except those, which are clearly and expressly limited in
this Memorandum of Understanding, shall remain vested exclusively in the City. It is expressly
recognized merely by way of illustration and not by way of limitation that such rights and functions
include, but are not limited to:
1. Manage the City.
2. Schedule working hours.
3. Establish, modify or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer, suspend,
discipline or discharge any employee.
6. Determine the location of any new facilities, buildings, departments, divisions,
or sub - divisions thereof, and the relocation, sale, leasing or closing of facilities,
departments, divisions or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used therein.
9. Determine processes, techniques, methods, and means of performing work.
10. Determine the size, character and use of inventories.
11. Determine a financial policy including an accounting procedure.
12. Determine the administrative organization of the system.
13. Determine selection, promotion or transfer of employees.
14. Determine the size and characteristics of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards and the judgment of
quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials and equipment.
20. Schedule work periods and determine the number and duration of work periods.
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
Resolution No. 2008 -043
Page 5
24. Determine the methods and means by which such operations are to be
conducted.
25. Require employees, where necessary, to take in- service training courses during
working hours.
26. Determine duties to be included in any job classification.
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any necessary action to carry out the mission of the City in cases of an
emergency.
29. Prescribe a uniform dress to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the
City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of
judgment and discretion in connection therewith, shall be limited only by the specific and express
terms of this contract, and then only to the extent such specific and express terms are in
conformance with law.
Any dispute arising out of or in any way connected with either the existence of or the
exercise of any of the above - described rights is not subject to the grievance provision unless
such dispute is otherwise grievable under another Article of this agreement.
Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the exercise of management's rights shall impact on
employees of the bargaining unit, the City agrees to meet and confer with representatives of the
Association, upon request by the Association, regarding the impact of the exercise of such rights,
unless the matter of the exercise of such rights is provided for in this Memorandum of
Understanding or in the Personnel Rules and/or Salary Resolutions.
Savings Clause
This Memorandum of Understanding and Personnel Rules are subject to ail applicable
Federal, State and City laws, ordinances, resolutions and any lawful rules and regulations enacted
by the City Council. If any part or provision of this Memorandum of Understanding or Personnel
Rules is in conflict or inconsistent with such applicable provisions of Federal, State or City laws,
ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of this Memorandum of Understanding or
Personnel Rules shall not be affected thereby. The parties shall enter the Meet and Confer
process immediately for the purpose of arriving at a mutually satisfactory replacement of such part
or provision.
Resolution No. 2008 -043
Page G
Peaceful Performance
Apart from and in addition to existing legal restrictions upon work stoppages, the
Association hereby agrees that neither it nor its officers, agents or representatives shall incite,
encourage, or participate in any strike, walkout, slow -down, speed -up, sick -out, or other work action
for any cause or dispute whatsoever, either with the City or with any other person or
organization, including compliance with the request of other labor organizations to engage in
such activities. In the event of work stoppage as enumerated above, the Association, its officers,
agents and representatives shall do every thing within their power to end or avert the same.
Violation hereof will subject violator to legal and equitable judicial relief.
Any employee engaged in or assisting any work stoppage as enumerated above, or refusing
to perform duly assigned services in violation of this Article, shall be subject to discipline up to and
including termination.
It is understood that violation of this Article by the Association will warrant the withdrawal of
any rights, privileges or services provided for in this Agreement and/or legal action by the City
for redress and/or damages. It is understood that the City may not withdraw recognition of the
Association under this Article.
Maintenance of Existing Benefits
Except as provided herein, there shall be no change in wages, hours, or economic
benefits presently enjoyed by affected employees by virtue of entering into this Memorandum of
Understanding.
Full Understanding, Modification, and Waiver
It is intended that this Agreement sets forth the full and entire understanding of the
parties regarding the matters set forth herein, and any other prior or existing understanding or
agreement by the parties, whether formal or informal, regarding any such matters are hereby
superseded or terminated in their entirety.
Except as specifically provided herein, it is agreed and understood that both parties voluntarily
and unqualifiedly waive their right, and agree that the other party shall not be required to
negotiate with respect to any subject or matter covered herein during the term of this
Agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet
and confer regarding any issue arising during the term of this Agreement.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the
terms or provisions contained herein shall not be binding upon the parties hereto unless made and
executed in writing by all parties hereto, and if required, approved and implemented by the City
Council.
Resolution No, 2008 -043
Page 7
The waiver of any breach, term or condition of this Agreement by either party shall not
constitute a precedent in the future enforcement of all its terms and provisions.
Section 2 - Direct Wage Payments
Eligibility to receive any retroactive salary payment(s) or other retroactive compensation
provided for in this Section 2 or in any section of this Memorandum of Understanding shall be
conditioned upon the affected unit member being employed by the City on the date that the
retroactive payment is distributed. Said requirement is consistent with the agreement and
understanding of the parties that any and all retroactive payments provided for herein are not
intended as compensation for past services rendered,
Adoption of a Seven Step Compensation Plan
Effective July 4, 2004 a Seven Step Compensation Plan (5% between steps) shall be
adopted by the City Council and made a part hereof, and will be on file with the
Personnel /Risk Manager or designated representative(s).
Employees who receive a minimum overall performance rating of Competent up to a
maximum overall performance rating of Superior shall be eligible to receive a one (1) step
advancement within their classification.
Sala - Sworn Employees
The unadjusted (the salary rate set forth in the City salary matrices — the rates without
adjustment for bonuses or any other benefits, including but not limited to City paid employee
CalPERS contributions) base salary rates for classifications designated, as Sworn Employees
shall be increased as follows:
POLICE OFFICER
Effective the first payroll period commencing on or after July 1, 2008 — 4%
Effective the first payroll period commencing on or after July 1, 2009 -- 2%
Effective the first payroll period commencing on or after January 1, 2010 -- 2%
POLICE SERGEANT
Effective the first payroll period commencing on or after July 1, 2008 -- 4%
Effective the first payroll period commencing on or after July 1, 2009 — 2.5%
Effective the first payroll period commencing on or after January 1, 2010 -- 2.5%
Resolution No. 2008 -043
Page 8
Sala - Non -sworn Em to ees
The unadjusted (the salary rate set forth in the City salary matrices -- the rates without
adjustment for bonuses or any other benefits, including but not limited to the City paid employee
CalPERS contributions) base salary rates for classifications designated, as Non -sworn
Employees shall be increased as follows:
Effective the first payroll period commencing on or after July 1, 2008 -- 2.5%
Effective the first payroll period commencing on or after July 1, 2009 — 2.5%
Non -Sworn Emolovees One -Time Payment
In consideration for the Association agreements as set forth below dismissing pending
litigation/ grievance, and for maintaining the non -sworn employee health insurance premium at an
amount not to exceed $950.00 monthly, effective the first payroll period commencing on or after City
Council adoption of the 2007 -2008 MOU, each non -sworn unit member was provided a one -time
$800.00 gross distribution. Said distribution was made in single check and reported to the
IRS /Franchise Tax Board by means of a Form 1099 and/or any counterpart State form.
Accordingly, withholdings shall not be deducted from the gross amount. Each recipient of the
distribution shall therefore be individually responsible for reporting said earnings as taxable
income. In accord with statutory requirements, said distribution SHALL NOT be reported to PERS
as compensation.
Sala Re-opener Clause
The City retains the right to reopen the meet and confer process for the purpose of salary
issues only, should the Federal government, State government or County government change
and /or divert revenues that would cause the City's unrestricted revenues to fall significantly below
the City's stated projected unrestricted revenues and impact the overall ability of the City to
maintain service levels at the then current level.
Section 3 - Insurance /Supplemental Wage Payments
Benefits Plan
SWORN EMPLOYEES
Effective the first payroll period commencing on or after July 1, 2007, the City shall fund
sworn employee health insurance premiums in an amount not to exceed $1,200.00 monthly.
The pre - existing "not to exceed" amount was $950.00 monthly.
Resolution No. 2008 -043
Page 9
NON -SWORN EMPLOYEES
Effective the first payroll period commencing on or after the City Council adoption of a
Fiscal Year 2007 -2008 MOU, the City shall continue to fund non -sworn employee health
insurance premiums in an amount not to exceed $950.00 monthly. The $950.00 monthly "not to
exceed" amount is the preexisting limit on City funding of health insurance premiums.
The employee is required to maintain a minimum coverage for him/her self in a plan of
his/her choice unless the employee can show proof he/she has adequate health insurance
coverage through another source. In instances where the employee's medical insurance premium
is less than the City's monthly contribution, such employee will have an option to have the excess
monies placed toward an existing benefit program.
These options include:
1. Placement in a City provided health insurance plan for family coverage.
2. Placement in a City provided dental plan for self -an /or family coverage.
3. Placement in a City provided term life insurance plan for additional levels of coverage
as allowed and specified by the insurance company.
4. Placement spread over a combination of the options listed above.
5. Elect to receive any excess monies in cash, which will be considered as taxable
income.
Vision Plan
The City will provide a vision plan to all affected employees, effective May 1, 1993, and
will contribute up to a maximum premium cost of $32.12 per month. if the premium exceeds this
amount, then the employee shall be responsible to pay the difference in excess of $32.12.
Life Insurance
Effective January 1, 2009 or as soon as reasonably possible thereafter, the City will fund
term life insurance in the face amount of $50,000.00.
Dental Plan Enhancement
Effective May 1, 1993, the City will provide for the dental plan enhancement of orthodontics
to the "Reimbursable Plan Choice" of the City's dual choice dental plan. The City will pay for the
additional cost for this enhancement. Those affected individuals currently enrolled in the "Pre-
paid Plan Choice" presently receive this benefit.
Resolution No. 2008 -043
Page 10
Long-Term Disabilit
The City will provide each employee with long -term disability insurance coverage as set forth
in the plan on file in the Personnel Services Office. Effective May 1, 1993, affected employees will be
eligible to receive benefits commencing on the 31st day of non -work related injury or illness, and
employees will be eligible to receive a maximum benefit of 66 213% of their current base salary up
to a maximum of $5,000 per month.
Retirement and Deferred Compensation - Non -sworn
Effective July 1, 2005, the City will amend the City's current contract with the Public
Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local
Miscellaneous Employees and to incorporate employee shared participation towards the
contributions of said retirement benefit. The employee's shared participation of contributions shall
be implemented as follows:
On July 1, 2005 — Employees will pay 100% of the 6.766% increase to normal cost
(difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The
employee's cost will be reflected on the pay period ending date 71212005, pay date of 71712005.
On July 1, 2006 — Employees will pay 5% and the City will pay 1.766% increase to normal cost
(difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The
employee's cost will be reflected on the pay period ending date 71112006, pay date of 71612006.
On June 30, 2007 -- Employees will pay 3% and the City will pay 3.766% increase to normal
cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The
employee's cost will be reflected on the pay period ending date 613012007, pay date of 71512007.
All such employee contributions shall be deposited in the member's retirement account.
The City will continue to pay the current employee's contribution of seven percent (7 %) of the
employee's base salary to the Public Employees Retirement System in addition to the agreed
percentages as listed above for the increase to normal cost (difference between 2% @ 55 and
2.7% @ 55 retirement formulas) effective July 1, 2006.
Effective June 30, 2004 the City shall contribute 1 % of each non -sworn employee's
unadjusted bi- weekly base salary into a City sponsored deferred compensation plan.
Effective as soon as reasonably practical and consistent with CalPERS documentary
requirements, the City shall amend its contract with CalPERS to provide for Level V of the 1959
Survivor's Benefit, conditioned upon said amendment resulting in no increased CalPERS City
contribution rate or other CalPERS cost and/or no decrease in the City's CalPERS account
value.
Resolution No. 2008 -043
Page 11
Retirement - Sworn
The City will pay 100% of the employee's contribution to the P.E.R.S. retirement program
and provide retirement benefits at the 3% at 50 formula as currently specified under the City's
contract with the Public Employees' Retirement System. All such employee contributions shall be
deposited in the member's retirement account.
Effective as soon as reasonably practical and consistent with CalPERS
documentary requirements, the City shall amend its contract with CalPERS to provide for
Level V of the 1959 Survivor's Benefit, conditioned upon said amendment resulting in no
increased CalPERS City contribution rate or other CalPERS cost and/or no decrease in the City's
CalPERS account value.
MHESUMEMA
Effective the first payroll period commencing on or after July 1, 2008, the City shall pay one
hundred dollars ($100.00) per month to a person who is capable of speaking, reading, writing
and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, Signing,
Armenian and Farsi. Qualifying tests established by the City shall make the determination of
capability.
Specialty Assignments
Sworn and non -sworn employees shall be selected for, and be removed from, assignments by
the Chief of Police at his/her discretion. Employees shall not acquire vested property rights in those
special assignments or the pay attached thereto. The Chief of Police reserves the right to
schedule hours of assigned personnel, as he deems necessary.
Sworn employees assigned to the following assignments shall be paid an additional
increment of $150.00 to their base salary each month (or a pro -rata share thereof):
Canine Officer
Detective
Detective Sergeant
Field Training Officer
Training Sergeant
Motorcycle Officer
Traffic Sergeant
Juvenile Resource Officer
Helicopter Observer Officer
Gang Investigator Supervisor
Gang Investigator
Resolution No. 2008 -043
Page 12
Non -Sworn employees that are designated by a supervisor to train other personnel will
receive training pay. In order to receive compensation for training other employees said
designated trainers shall be required to train a minimum of one full pay period. Training pay will
be compensated at $150 per month not to exceed four (4) months. If the training period exceeds
the four (4) month limit then a written request must be submitted to the Personnel /Risk Manager or
designated representative(s) requesting approval for an extension of training pay compensation
for said individual(s).
The following non -sworn positions will be eligible for training pay:
Dispatch Trainer (2)
Records Trainer (2)
Parking Enforcement Trainer (1)
Canine Assianment
By and through the Association, the canine handlers agree that the amount of monthly
time reasonably necessary to provide for the care and maintenance of their animals and their
vehicles is 28hours. Accordingly, each affected canine handler shall be credited with 28 hours
worked as full time spent in the care and maintenance of their animals and vehicles. Effective
the first payroll period commencing on or after July 1, 2008, said hours shall be compensated at
the rate of 1.5 times the state - mandated minimum hourly rate.
The City and Officers understand and agree that this additional compensation is intended
to compensate canine officers for all off duty hours spent caring, grooming, feeding and
otherwise maintaining their canine and canine unit, in compliance with the FLSA and interpretive
cases and rulings.
The parties acknowledge that the FLSA, which governs the entitlement to compensation for
canine duties, entitles the parties to agree to a reasonable number of hours per month for the
performance of off duty canine duties. The hours derived at in this agreement were determined
after an actual inquiry of the officers assigned in the canine special assignment as addressed by
Leever v. City of Carson City, 360 F.3d 1014 (91" Cir. 2004). It is the intent of the parties
through the provisions of this section to fully comply with the requirements of the FLSA. In
addition, both parties believe that this section of the MOU does comply with the requirements of
the FLSA.
Educational Incentive -Sworn Personnel
Effective the first payroll period commencing on or after July 1, 2009, each sworn employee
who possesses an Associate of Arts Degree from an accredited college or university or upon
completion of specialized training - Intermediate P.O.S.T. Certificate shall receive the following
additional compensation per month.
Resolution No. 2008 -043
Page 13
Police Officer $95.00
Police Sergeant $113.00
Effective the first payroll period commencing on or after July 1, 2009, each sworn employee
who possesses a Baccalaureate Degree from an accredited college or university or upon
completion of specialized training - Advanced P.O.S.T. Certificate shall receive the following
additional compensation per month.
Police Officer $190.00
Police Sergeant $226.00
In order to be entitled to the education incentive compensation, an employee shall attain a
degree from an accredited college or university and in a field of study reasonably related to their
duties and deemed appropriate by the Executive Team.
Educational Incentive - Non -sworn Personnel
Each non -sworn employee who possesses an Associate of Arts Degree from an accredited
college or university shall receive an additional twenty -five dollars ($25) per month.
Each non -sworn employee who possesses a Baccalaureate Degree from an accredited
college or university shall receive an additional fifty dollars ($50) per month.
TUITION REIMBURSEMENT
Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the
City Personnel Rules and Regulations shall be amended to provide that the tuition
reimbursement described therein shall allow for reimbursement eligibility for full time sworn
employees who have passed original probation in an amount not to exceed $2,000, and that the
reimbursement eligibility for full time non sworn police department employees who have passed
original probation shall be in an amount not to exceed $1,500 per fiscal year.
Personnel Rule § 2.8 shall be concurrently amended to provide that tuition
reimbursement shall be allowed only as regards courses provided by an accredited college or
university and in a field in study reasonably related to the employee's duties and which are
deemed appropriate by the Executive Team.
Funeral
Effective the first payroll period commencing after City Council adoption of this MOU, the
City shall bear the reasonable and customary expenses related to the funeral of any sworn or
non -sworn employee killed while in the course and scope of employment during scheduled hours
Resolution No. 2008 -043
Page 14
of work. In defining what constitutes "reasonable and customary" expenses of a funeral, the
parties agree upon the following:
• Cost of casket.
• Cost of plot or other location of interment.
• Cost for transportation of body to place of interment.
• Ceremonial costs (fee of individual officiating at the funeral ceremony).
However, in no case shall the total City funeral expenditure exceed ten thousand dollars
($10,000.00) in any one funeral.
Section 4 - Attendance and Leaves
Sick Leave
The general policy for sick leave will remain as set forth in Section 11.4 of the Personnel
Rules.
Effective August 1, 1995, each eligible employees shall elect their maximum sick leave
hours accrual. Dependent upon the total number of currently accrued sick leave hours, the
maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900. If an eligible
employees wishes to elect a maximum sick leave accrual level that is at a higher level than their
closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the
eligible employee will be irrevocable.
Once the election is made by the employee, such excess hours will be removed from the
employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed
into a sick leave hours bank to be paid at no less than 50% of the total value, with the timing and
methods of payment to be determined by the City.
When an employee's service with the City is terminated for any reason, no compensation
shall be paid for the unused sick leave hours accrual bank.
Annual Sick Leave Incentive
Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be debited on
an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours
above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar
year, each eligible employee will receive 50% of the unused portion of sick leave hours as
compensation, calculated at their then straight time hourly rate. Payment will be made at the next
closest pay period.
Resolution No. 2008 -043
Page 15
Bereavement Leave
Each affected employee in the covered classifications shall receive the equivalent of
three (3) working days per incident, as needed, because of a death in their immediate family.
Immediate family shall mean and include only the employee's spouse, children, step - children,
parents, brothers, sisters, grandparents, State Registered Domestic Partner, spouse's parents
and spouse's grandparents. Said time will not be cumulative from one twelve month period to
another nor will pay in lieu of unused leave for bereavement is provided.
Vacation
The general policy and accrual levels of vacation will be as set forth in Section 11,3 of
the Personnel Rules.
Employees will be entitled to utilize accrued vacation leave after completion of six (6)
months continuous employment with the City. Employees may be eligible to utilize accrued
vacation leave at an earlier time, upon written request to and approval of their department head.
The times during which an employee may take his/her vacation leave shall be determined by
the department head with due regard for the wishes of the employee and for the needs of the
service.
Employees shall, each calendar year, be required to take a minimum of forty (40)
consecutive hours vacation leave. In addition, an employee may, with approval of the department
head, use vacation leave in lesser increments during the calendar year.
Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar
year for the purpose of a vacation leave with approval of the department head. A vacation period is
defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in
accordance with the detailed accrual levels in Section 11.3 of the Personnel Rules.
Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated shall
be as follows:
1. Employees having less than five (5) years of employment (vacation accrual = 96
hours per year), the maximum amount of vacation that may be accumulated shall be
192 hours.
2. Employees having more than five (5) years but less than ten (10) years of
employment (vacation accrual = 120 hours per year), the maximum amount of
vacation that may be accumulated shall be 240 hours.
3. Employees having more than ten (10) years but less than fifteen (15) years of
employment (vacation accrual = 144 hours per year), the maximum amount of
vacation that may be accumulated shall be 288 hours.
4. Employees having more than fifteen (15) years but less than twenty (20) years of
Resolution No. 2008 -043
Page 16
employment (vacation accrual = 168 hours per year), the maximum amount of
vacation that may be accumulated shall be 336 hours.
5. Employees having more than twenty (20) years of employment (vacation accrual
192 hours per year), the maximum amount of vacation that may be accumulated
shall be 384 hours.
If an employee, because of business necessity, is not able to utilize excess accrued
vacation hours, upon written request to, and approval of the department head, an employee will
be given an extension in order to take his/her vacation. In cases where the employee forfeits
vacation leave time at the request of the City, upon approval of the Chief Executive Officer or
designated representative(s), said employee shall be compensated for forfeited vacation leave time
at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time
well in advance to avoid forfeiting his or her vacation or to avoid any conflicts.
Employees will be notified by the Personnel Services Department on a quarterly basis of
their current and potential maximum vacation hours accrual for the calendar year to assist them
in the reduction of excess accrued vacation hours.
In the event a legal holiday falls during a vacation leave, those affected employees will not
have said holiday charged as vacation leave, and the vacation leave shall be extended or credited
accordingly.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued vacation leave, at his /her straight time rate.
Holidays
For employees working a 4110 plan or a 3192 plan, if implemented, the following
days shall be observed as holidays:
January 1st; the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11th; the fourth Thursday in November; December
24th; December 25th, and such other days as may be designated as holidays by
motion of the City Council.
2. For employees working a 5140 plan, the following days shall be observed as
holidays:
January 1 st; the third Monday in February; the last Monday in May; July 4th; the first
Monday in September; November 11th; the fourth Thursday in November; the day after
the fourth Thursday in November; December 24th; December 25th, and such other
days as may be designated as holidays by motion of the City Council.
Resolution No. 2008 -043
Page 17
If any of the before mentioned holidays fall on a Saturday, the preceding Friday will be the
holiday in lieu thereof. If any of the holidays fall on a Sunday, the Monday following is the holiday
in lieu thereof.
1. Employees working a 4110 plan will receive two (2) ten (10) hour days of floating
leave, for a total of 110 hours.
2. If implemented, employees working a 3112 plan will receive one (1) twelve (12) hour
day of floating leave, for a total of 120 hours.
3. Employees working a 5140 plan will receive three (3) eight (8) hour days of floating
leave, for a total of 104 hours.
Holiday Bank
Shift Emplovees
Employees assigned to shifts other than normal business hours, shall have the option of
receiving the holiday hours worked as cash payment at their straight time rate for each holiday as
it occurs, other than floating holiday time, or may elect of banking the holiday hours as the holiday
occurs, other than floating holiday time.
The times during which an employee may take his/her holiday bank hours shall be approved by
the department head with due regard for the wishes of the employees and for the needs of the
service. This holiday bank leave maybe used in hourly increments. Employees may accumulate up
to a maximum of one hundred (100) hours of holiday bank time.
If an employee, because of business necessity, is not able to utilize excess accrued holiday
bank hours, upon written request to, and approval of the department head, an employee will be paid
for any excess hours over their maximum holiday bank hours accrual. Each January 1, such
excess hours will be removed from the employee's holiday bank hours accrual, calculated at their
then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30
of the same year.
Employees who separate from the service of the City shall be eligible to receive
compensation for all unused, accrued holiday bank hours at his/her straight time rate.
Non -shift Employees
Non -shift employees shall mean the following positions represented by the Baldwin Park
Police Association, working a 4110 plan.
Records Clerk assigned to Police Administration Police Technician
Parking Enforcement Officer
Police Sergeant assigned to Police Administration Records Supervisor
Resolution No. 2008 -043
Page t8
Dispatch Supervisor
If any of the before mentioned Holidays fall on a Friday or a Saturday, the holiday will not
be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the
Monday following is the holiday in lieu thereof.
At the beginning of each calendar year, the City will determine how many of the above
holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number
of hours of holiday time ( "holiday bank "), along with the two (2) ten (10) hour days of floating
leave.
The times during which an employee may take his /her holiday bank hours shall be approved by
the department head with due regard for the wishes of the employees and for the needs of the
service. This holiday bank leave maybe used in hourly increments. Employees may accumulate up
to a maximum of one hundred (100) hours of holiday bank time.
If an employee, because of business necessity, is not able to utilize excess accrued holiday
bank hours, upon written request to, and approval of the department head, an employee will be paid
for any excess hours over their maximum holiday bank hours accrual. Each January 1, such
excess hours will be removed from the employee's holiday bank hours accrual, calculated at their
then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30
of the same year.
If an employee separates employment from the City, and has used "holiday bank" time prior
to the occurrence of the actual holiday, he /she will have his/her vacation bank and/or final paycheck
reduced to reflect the excess "holiday bank" time used.
If an employee separates employment from the City, and has not used any eligible
accrued "holiday bank" time, he /she will be paid for such eligible "holiday bank" time at his/her
straight time rate.
Military Leave
Military leave is a temporary leave of absence for ordered military training or for active
military duty in the Armed Forces of the United States or its Allies or of the National Guard or the
Naval Militia, during a proclamation of war or national emergency by the President of the United
States or Congress, an order or request of the United Nations that the Armed Forces of the United
States serve outside of the United States or their territories, or any national conscription act in
effect.
The City shall comply with all federal and state laws relative to military leave.
Resolution No. 2009-043
Page 19
An employee granted military leave pursuant to Section 11.6 of.the Personnel Rules shall
not be granted additional compensation when such leave extends beyond the employee's regularly
scheduled workdays per week to his/her "days off'.
Jury Duty
An employee granted jury duty leave pursuant to Section 11.7 of the personnel Rules shall
not be granted additional compensation when such leave extends beyond the employee's
regularly scheduled work days per week to his/her "days off ".
Training /Conference heave
When an employee is scheduled to attend a conference or training program Monday
through Friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is
no issue that he /she is eligible for overtime while attending the conference or training.
Injury on Dui
While any employee is on injury on duty status, his /her work hours will be 8:00 a.m. to 5:00
p.m., Monday through Friday, so there is no issue that he /she is eligible for overtime while
receiving treatment or keeping doctor's appointments.
Section 5 - Work Schedules
Experimental 4110 Plan
The City agreed to implement an experimental 4/10 plan for all employees in the Police
Department effective August 2, 1992. The Association recognizes that the City may at its sole
discretion end the 4/10 plan at any time. The termination of such 4/10 plan is not subject to the
grievance process or any other administrative review. The Association recognizes that the 4/10
plan is not a vested right in any manner, and that the termination of such 4/10 plan is not subject to
the meet and confer process or meet and consult process.
The Association further recognizes that the implementation of the 4110 plan does not create
any additional overtime obligation for the City under the Fair tabor Standards Act.
The City may adjust employee's work periods as necessary so that their forty (40)
hours of scheduled work does not overlap into another work period to avoid an overtime
obligation.
Resolution No, 2008 -043
Page 20
Workdal
For employees assigned to patrol and dispatch duty a standard workday consisting of ten
(10) hours, including a paid restricted meal period of one -half (112) hours. Meals periods shall be
in accordance with department administrative guidelines.
For employees not assigned to patrol and dispatch duty a standard workday consisting of
ten and one -half (10 112) hours; nine hours and fifty minutes (9:50) of work time and forty (40)
minutes as a non -paid unrestricted meal period. Meal periods shall be in accordance with
department administrative guidelines.
Employees will be provided two (2) ten (10) minute rest breaks during the day, one each
approximately at the midpoint of each one -half workday. Rest time is not cumulative beyond the half
scheduled workday within which the break period occurs nor may it be used to extend lunch or
shorten the workday.
Hours of Work
Non -shift employees, as defined on page 15 of the Memorandum of Understanding, shall
work Monday through Thursday, 7:30 a.m. to 6:00 p.m.
Detectives and Records Specialists assigned to investigations shall work either Monday
through Thursday or Tuesday through Friday (as determined and assigned by the department), 7:00
a.m. to 5:30 p.m.
Shift employees shall work as scheduled.
3/12 Alternate Work Schedule
Discussions will continue on the feasibility of the 3/12 work schedule for Patrol and/or
Dispatch. The Patrol assignments of Traffic Bureau, Community Service Officers and will not be
included for consideration of working a 3112 schedule. The Detective Bureau will not be included for
consideration of working a 3/12 schedule.
Workweek
For Employees working a 9/80 or 3/12 work schedule, in accordance with 29 C.F.R. §
778.105, each employee's designated FLSA workweek (168 hours in length) shall begin exactly
four hours after the start time of his /her eight hour shift on the day of the week that corresponds
with the employee's alternating regular day off.
Resolution No. 2008 -043
Page 21
Workweek Sworn employees
The 3/12.5 Work schedule is authorized per Section 7(k) of the Fair Labor Standards Act.
The City has adopted a 28 day work period in accordance with Section 7(k).
Section 6 - Overtime
Overtime Authorization
All overtime requests must have the prior written authorization of a supervisor prior to the
commencement of such overtime work. Where prior written authorization is not feasible, explicit
verbal authorization must be obtained. Where verbal authorization is obtained, written authorization
must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time
are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal authorization
followed by written authorization, will result in the denial of the overtime request.
Clothes Changing
Except as provided below, employees are not authorized to wear their uniforms or any part
thereof that is distinguishable as such unless on -duty. Each employee is provided with a locker
for his/her own personal convenience. An employee may or may not utilize the locker for storage
and changing purposes at his/her own discretion.
Nothing herein prevents a sworn employee from wearing his /her uniform to and/or from
his/her residence to and/or from work as long as the badge and insignia are covered by a non -
police issue garment such as a windbreaker. Nothing herein prevents a non -sworn employee from
wearing his /her uniform to and /or from his /her residence to and /or from work. Employees choosing
to wear their uniforms covered to and /or from work should not wear their Sam - Browne belt. Time
spent in changing clothes before or after a shift is not considered hours worked and is not
compensable in any manner whatsoever.
Shift Trades
The practice of shift trading shall be voluntary on behalf of each employee involved in the
trade. The trade must be due to the employee's desire or need to attend to a personal matter and
not due to the department's operations. The employee providing the trade shall not have his /her
compensable hours increased as a result of the trade; nor shall the employee receiving the trade
have his /her compensable hours decreased as a result of the trade. Any hours worked beyond the
normal workday will be credited to the individual actually doing the work.
Resolution No. 2008 -013
Page 22
"Paybacks" of shift trades are the obligation of the two employees involved in the trade.
Paybacks are to be completed within twelve (12) months of the date of the initial shift trade. Any
dispute as to paybacks is to be resolved by the involved employees, and under no circumstances
will the department be obligated for any further compensation whatsoever to any of the involved
employees. The department is not responsible in any manner for hours owed to employees by
other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks" shall be maintained by the involved
employees on forms provided by the department ( "Shift Trade Log ").
If one individual fails to appear for the other (regardless of the reason), the person who
agreed to the shift trade is the newly scheduled officer and will be held responsible for that shift
period. That person will be listed as absent without leave and may be subject to disciplinary
action.
Early Relief Policy
The practice of early shift relief shall be voluntary on behalf of each employee involved in the
relief. The employee providing the early relief shall not have his/her compensable hours increased
as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two
employees involved in the early relief. Any dispute is to be resolved by the involved employees,
and under no circumstances will the department be obligated for any further compensation
whatsoever to any of the involved employees. The department is not responsible in any manner
for hours owed to employees by other employees that leave the employment of the City or are
assigned other duties.
Firearms {qualification
All members of the department are required to qualify and receive remedial training while on
duty. Employees who choose to shoot at the range at times other than the required qualification
dates will be considered to be on personal time. Such time is not counted as working time and is not
compensable in any manner whatsoever.
City Vehicle Use
Employees who are provided with a City vehicle to travel to and from work shall not be
compensated in any manner whatsoever for such travel time in the City vehicle. This provision
also applies in those situations where the radio must be left on and monitored.
This provision does not preclude compensation in those instances detailed in the
"canine" assignment or "motorcycle" assignment.
Resolution No. 2008 -043
Page 23
Canine Assignment
Employees assigned to canine duty shall not be compensated in any manner whatsoever for
hours spent in travel time to and from work in a City vehicle, unless such travel time is
interrupted to perform law enforcement duties. In the event that such travel time is interrupted
to perform law enforcement duties, the officer will be compensated for actual time spent engaged
in such duties. Canine handler travel time related to the training, care and maintenance of the
canine shall be included within the enumeration of hours worked as set forth in Section 3,
InsurancelSupplemental Wage Payments above and shall not be subject to additional
compensation.
Motorcycle Assignment
Employees assigned to motorcycle duty shall not be compensated in any manner
whatsoever for hours spent in travel time to and from work on a city motorcycle, unless such travel
time is interrupted to perform law enforcement duties. In the event that such travel time is
interrupted to perform law enforcement duties, the officer will be compensated for actual time
spent engaged in such duties. An officer will be compensated for actual time spent in department
required and approved training at times other than the officer's regular working hours. An officer will
receive a monthly stipend, in the amount of $85.00, commencing May 1994, for off -duty time spent
in the care, upkeep, and incidental repair and maintenance of their assigned motorcycle.
Gym 1=acilit
The City provides a gym facility for the voluntary use of employees during their off duty
hours. Time spent by employees in working out at the gym facility is not considered hours worked
and will not be compensated in any manner.
Call back duty occurs when an employee is ordered to return to duty on a non - regularly
scheduled work shift. Call back does not occur when an employee is held over from hislher prior
shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall
be credited with a minimum of two (2) hours work commencing when he/she reports to duty. Any
hours worked in excess of two (2) hours shall be credited on an hour for hour basis for actual time
worked. Travel time shall not be considered hours worked and shall not be compensated in any
manner whatsoever.
Call back duty hours will be compensated at time and one -half rate, irrespective of the
total paid leave exclusions for the work period.
This .provision is to be distinguished from "Court Pay" which is to be used when an
employee is called back to court.
Resolution. No. 2008 -043
Page 24
Court Pay
When an employee is physically called to court for appearances, he/she shall be credited
with a minimum of two (2) hours work commencing when he /she reports to court. Any hours
worked in excess of two (2) hours shall be credited on an hour for hour basis for actual time
spent in court. Travel time shall not be considered hours worked and shall not be compensation
in any manner whatsoever.
Court pay will be compensated at time and one -half rate, irrespective of the total paid
leave exclusion for the work period.
Court Standb
Court Standby time is not considered hours worked under the Fair Labor Standards Act.
However, in recognition of the City's past practice, the employee will continue to receive credit for
one (1) hour in the a.m., and one (1) hour in the p.m., provided that the employee is not actually
required to be present in the court buildings.
Effective November 1, 2004, the City will provide employees working the graveyard shift
credit for one (1) hour in the a.m. and one (1) hour in the p.m., provided that the employee is not
actually required to be present in the court buildings. In return the City will collect all previously
City issued pagers.
Employees shall be responsible for calling the on -call court hotline to verify if they are still
on -call and shall comply with the department's on -call policy. Said employee shall notify his /her
immediate supervisor within twenty -four (24) hours when there is a change in contact
information such as a new home /cell telephone number.
Court standby will continue to be paid for those employee's assigned regular days off,
that fall Monday - Friday.
Training Time
Attendance at training schools /facilities (including the academy), which improves the
performance of regular tasks and/or prepares for job advancement are not compensable for hours
in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will
not be counted as working time and is not compensable in any manner whatsoever. Time spent
in studying and other personal pursuits is not compensable hours of work, even though the
employee may be confined to campus or to barracks 24 hours a day.
Travel time to and from the training facility outside of an employee's normal work shift is
not compensable hours of work.
Resolution No. 2008 -043
Page 25
Mandatory training as required by the Department and/or P.O.S.T. is compensable for actual
time spent in training.
Work Period
The work period for all employees (both sworn and non -swom) within the bargaining group shall
be seven (7) days in length.
Overtime Compensation
For purposes of calculating overtime, all employees required to work in excess of the
standard work period of forty (40) hours in a seven (7) day cycle shall receive compensation at the
rate of time and one -half his/her regular rate of pay.
The regular rate of pay shall include the following components in addition to base salary:
1. Educational incentive
2. Bilingual pay
3. 3. Special assignment pay
Paid leave time exclusions, as defined on page 24 of this document, are excluded from
the total hours worked under this Section.
MOU Overtime
Effective November 1, 2004, in addition to regular overtime an officer will be entitled to
MOU Overtime as follows:
An employee that is taking a vacation, Holiday bank time and /or compensatory leave during
their regular scheduled work week and is called into work on an overtime assignment or is
required to work past their regular shift will be compensated at one and one -half (1.5) times the
employee's regular rate of pay.
An employee that is required to work on any City recognized Holiday will be compensated at
the regular rate of pay and will also receive either twelve (12) hours of Holiday Bank time or twelve
(12) hours of paid straight time at the employee's regular rate of pay. The employee may elect to
choose whether he /she receives the twelve (12) hours of Holiday Bank time or twelve (12) hours of
straight time at the regular rate of pay.
An employee who is called into work outside of the employee's regular shift and that day
happens to fall on a City recognized Holiday said employee will be compensated at one and one -
half (1.5) times the employee's regular rate of pay.
Resolution No, 2008 -043
Page 26
Cambensatory Time
In lieu of receiving cash payment for hours worked in excess of forty (40) hours during
the seven (7) day work period, an employee may elect the option of earning compensatory time,
and shall have a cap of eighty (80) hours placed on the accrual of compensatory time off.
The times during which an employee may take his/her compensatory time shall be approved by
the appointing authority with due regard for the wishes of the employee and for the needs of the
service.
Should this provision be found invalid by an arbitrator, court of competent jurisdiction or
the Department of Labor, the accrual of compensatory time shall cease and all accrued
compensatory time shall be paid at the employee's current straight time rate.
On or before December 31 of each year, an employee shall reduce his/her accrued
compensatory time bank to forty (40) hours or less. Any time in excess of forty (40) hours shall
be paid at the employee's current straight time rate.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of eighty (80) hours or less at his /her straight time hourly base rate.
Paid Leave Exclusions
In determining an employee's eligibility for overtime compensation in a work period, paid
leaves of absences and un -paid leaves of absences shall be excluded from the total hours worked.
To the extent authorized by law, paid leave of absences which shall be excluded include:
1. Sick Leave
2. 4850 Time Leave
3. Jury Duty
4. Administrative Leave
5. Bereavement Leave
6. Military Leave
7. Workers' Compensation Leave (IOD)
New Fair Labor Standards Act Regulations
The City agrees that in the event the Department of Labor Issues new or revised
interpretative regulations defining what is and what is a not compensable hour of work, the City
shall amend any affected provisions of this Memorandum of Understanding to comply with such
regulations. The Association recognizes that there will be no retroactive application of such
regulations under this Memorandum of Understanding unless so provided by the regulations or
courts.
Section 7 - Policies and Procedures
Pay Periods
Resolution No. 2008 -043
Page 27
The pay periods and times of delivery of payroll checks for all employees shall be set by
the Executive Team.
City Switchboard
The City agrees that civilian dispatchers will not be required to provide for the operation of
the City switchboard.
Identification for Non -sworn Employee
The City shall provide all non -sworn employees with a modified City identification card.
Such identification will indicate that the employee works within the City Police Department.
The City shall provide yearly physical to each public safety employee, by a physician of the
City's choice.
Uniform /Equipment Allowance - Sworn Personnel
Effective July 1, 2005 the City will provide $800.00 per year for eligible employees via a
credit/retail account program. The number of retail outlets utilized for the credit /retail account
program will not exceed six (6) locations. The selection of the outlets is to be determined by the
City and the Police Association.
The City shall continue to provide new employees with two (2) complete uniforms
(excluding shoes) upon commencing employment with the City. In addition, the City will
provide specialty assignment employees (as indicated on page 9) and members of the Special
Response Team, with the employee's initial set of uniforms and equipment required for their
positions.
Employees shall be responsible for the replacement of uniforms due to normal wear and
tear. If an employee's uniform is damaged during the execution of their duties, said employee will
document in a police report or inter -office memorandum the circumstances surrounding the
damage. The City shall provide the employee with a replacement uniform equivalent to the one
that was damaged.
Effective July 4, 1993, sworn personnel will have the option of selecting a light duty jacket
or heavy -duty jacket as part of their uniform.
Resolution No. 200$ -043
Page 28
Uniforms — Non -Sworn Personnel
Effective July 1, 2005, non -sworn persons assigned to the Records Bureau, Dispatch or
Parking Enforcement shall be furnished uniforms as follows:
Three (3) shirts /blouses with patches (blue poplin; wash and wear); three (3) pair pants or
skirts (navy blue); one (1) belt (black) and one (1) name tag,
Work uniforms shall be replaced on an as- needed basis by the Police Department. An
open purchase order shall be maintained by the Police Department at a uniform vendor(s) selected
by the City. An employee may replace his/her uniform as necessary after receipt of a written "chit"
issued by the Department for such replacement. The "chit" system shall be established and
maintained by the Police Department.
Safety Equipment
All sworn employees shall be provided the following safety equipment:
Weapon -based upon recommendation of the Range Master; rounds of ammunition annually,
also based upon recommendation of the Range Master; 3 ammunition clips, Oleoresin
Capsicum Spray; baton; handcuffs (Peerless, Smith and Wesson or like quality); bullet -proof vest;
helmet; raingear (coat, pants and boots); 1 Sam Browne belt; 4 keepers; 1 uniform belt; 1 baton
holder; 1 cuff case; 1 Oleoresin Capsicum Spray holder; 1- double ammunition pouch; 1 holster; 1
key holder and 1 radio holder; and flashlight.
Upon leaving the employ of the City, the employee shall return all equipment to the City.
All repairs to said equipment shall be made on an as needed basis, shall be paid by the City, and
shall be made through Keystone Uniforms or other appropriate outlet(s). The Division Commander
must approve repair or replacement in advance.
Dues Authorization
Upon receipt of an executed voluntary written authorization, the City shall deduct Association
dues on a bi- weekly payroll basis for employees represented by the Association. The Association
shall provide the form for this purpose and the amounts to be deducted for Association dues shall
be certified to the City by the appropriate Association official, Such deductions shall be made only
when the employee's earnings for a pay period are sufficient after other legally required deductions
are made. Such deductions shall be forwarded to the Association within twenty (20) working days
following such deductions from the employee's pay.
Authorization for dues deductions shall be revocable by the employee upon fifteen (15)
days advance written notice to both the Association and to the City.
Resolution No. 2008 -043
Page 29
The Association hereby agrees to indemnify and hold harmless the City for any loss or
damages, claims or causes . of action, and legal fees arising from the operation of this provision of
the Memorandum. It also is agreed that neither any employee nor the Association shall have any
claim for error against the City for any deductions made or not made, as the case may be.
American's With Disabilities Act
Because the ADA requires accommodations for individuals protected under the Act, and
because these accommodations must be determined on an individual, case -by -case basis, the
parties agreed that the provisions of this agreement may be set aside in order for the City to avoid
discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment,
termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits,
training opportunities, hours of work or other terms and privileges of employment.
The Association recognizes that the City has the legal obligation to meet with the individual
employee to be accommodated before any adjustment is made in working conditions. The City
will notify the Association of these proposed accommodations prior to implementation.
Any accommodation provided to an individual protected by the ADA shall not establish a
past practice, nor shall it be cited or used as evidence of a past practice in the grievance
procedure.
Prior to setting aside any provision of this agreement in order to undertake required
accommodations for an individual protected by the Act, the City will provide the Association with
written notice of its intent to set aside the provision, and will allow the Association the opportunity
to discuss options to setting aside of any provision.
Alcohol and Druq Abuse Policy Purpose
It is the purpose of this policy to eliminate substance abuse and its effects in the workplace
and to ensure that employees are in a condition to perform their duties safely and efficiently, in
the interests of their fellow workers and the public as well as themselves.
It is the City's policy that employees shall not be under the influence of or in unlawful
possession of alcohol or illegal drugs while on city property, at work locations, or while on duty; shall
not utilize such substances when they are assigned to be on call for duty; shall not possess,
provide or sell illegal drugs to any other employee or to any person while on duty; nor have their
ability to work impaired as a result of the use of alcohol or illegal drugs.
While use of medically prescribed medications and drugs is not per se a violation of this
policy, the employee must notify his /supervisor, before beginning work, when taking medications or
drugs (including the possible effects of taking such medication or drugs) which the employee
Resolution No. 200$ -043
Page 30
believes may interfere with the safe and effective performance of duties or operation of equipment.
In the event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from their physician may be
required.
The City is committed to providing reasonable opportunity for rehabilitation for those
employees whose drug or alcohol problem classifies them handicapped under federal and/or
state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their
position, or whose use constitutes a direct threat to property or the safety of others, are not
considered handicapped under federal or state law.
Application
This policy applies to all employees of the City of Baldwin Park, This policy applies to
alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an
employee's ability to effectively and safely perform the functions of the job.
Employee Responsibilities
An employee must:
1. Refrain from the use of, or unlawful possession of, illegal drugs or narcotics while on
duty;
2. Not report to work while his /her ability to perform job duties is impaired due to
alcohol or drug use;
3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs
without a prescription) during working hours or at anytime while on city property,
unless authorized by the Police Department;
4. Not directly or through a third party sell or provide illegal drugs to any person,
including any employee, while either employee or both employees are on duty;
5. Notify his /her supervisor, before beginning work, when having consumed alcohol or
when taking any medications or drugs, prescription or non - prescription, which
the employee believes may interfere with the safe and effective performance of
duties or operation of equipment;
6. Report to their supervisor of any criminal drug statute conviction no later than five (5)
days after such conviction;
7. Report to the supervisor when they have knowledge of objective evidence those
other employees may be under the influence of drugs or alcohol or engaging in
illegal drug related activities.
Employees who believe they may have an alcohol or drug usage problem are urged to
voluntarily seek confidential assistance through their medical plans or through other resources
available in their community. While the City will be supportive of those who seek help voluntarily,
Resolution No. 2008 -043
Page 31
the City will be equally firm in identifying and disciplining those who continue to be substance
abusers and do not seek help.
Notwithstanding the above language, Section 3.01(B) of the Baldwin Park Police Manual will
take into consideration for all sworn employees of the Police Department.
Management Responsibilities
1. Managers and supervisors are responsible for reasonable enforcement of this
policy.
2. Notify the affected contract/granting agency within ten (10) days after receiving
notice of any conviction.
3, Prepare and distribute to all employees, a summary of available benefits through
the various health plans. Any information will be distributed through the Personnel
Services office.
4. To treat any cases where rehabilitation is recommended or already underway as a
medical situation, subject to current medical leave policies.
5. To maintain strict confidentiality on all matters arising under the provision of this
policy. Medical information, if necessitated, will be maintained by Personnel Services
in separate, secured files.
6. Information will only be shared where there is a bona fide "need to know" by
management in instances where referrals, rehabilitation, medical leaves, work
accommodation, discipline or other employment related decisions are affected.
7. As with all policies and procedures, any incident or situation requiring
management attention is expected to be given thorough and deliberate
consideration before any final action is taken, especially in disciplinary cases.
Decisions made on such cases under this policy will be subject to review by an
individual's department head, Executive Team and Personnel Officer.
Community Based Policin
That the Association, in conjunction with the City, will continue their commitment to
effectuate, maintain and expand a Community Based Policing Policy for the betterment of the
citizen's of the City.
Limited Reopener
The parties agree to allowing a reopener during the term of the MOU which shall be
limited to proposed modifications in existing MOU language. Either party shall provide written
notice to the other of its intent to invoke this section, and a written description of the precise
language changes that are proposed. Proposed language changes shall not be implemented
without completion of the meet and confer process, and as appropriate, completion of any
impasse - resolution procedures.
Resolution No. 2008 -043
Page 32
Dismissal with Prejudice of Pending Litigation and Administrative Grievance
Not later than twenty -four (24) hours after City Council adoption of this 2007 -2008 MOU,
the Baldwin Park Police Officers Association shall file with the Court and with the City, all
necessary documentation by which to dismiss with prejudice and in its entirety, Los Angeles
County Superior Court Case No. KS01 1982 and its July 17, 2007 written BALDWIN PARK POLICE
ASSOCIATION'S FORMAL GRIEVANCE AGAINST THE CITY OF BALDWIN PARK REGARDING
HEALTH BENEFITS INCREASE. Each party shall bear its own attorney's fees, costs and any other
expenses related to filing, preparation of, and /or prosecution of said actions. The parties agree
and acknowledge that the above unadjusted base salary increases, the sworn - employee increase
in City - funded health insurance premiums, and the one -time retention payment to non -sworn
employees, were offered and implemented by the City based upon reliance that said litigation and
administrative grievance shall be dismissed in their entirety with prejudice. Therefore, if either the
litigation or grievance is not dismissed in its entirety, with prejudice or is reinstituted by any entity or
individual, in any forum and as regards any or all of the subject matter(s) of the present pending
litigation and /or grievance, the parties agree that said salary and sworn employee health insurance
premium increases shall immediately terminate with no civil or administrative recourse available to
the Association or to any individual by which to challenge said action. Said termination of
compensation increases shall not be preceded by the meet and confer process or by any
dispute resolution procedure. Upon a failure of the litigation or grievance to be dismissed in its
entirety with prejudice, or upon reinstitution in any forum of either action by any entity or
individual, the parties agree that the one -time non sworn employee retention incentive shall be
refunded to the City by means of four (4) $200.00 payroll deductions in four (4) consecutive payroll
periods commencing immediately upon a catalyzing event. Said refund shall not be preceded by
the meet and confer process, by any dispute resolution process, and shall not be subject to any
civil or administrative method of appeal.
Resolution No. 2008 -043
Page 33
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives
to execute this Memorandum -of Understanding the day, month and year noted.
BALDWIN PARK POLICE ASSOCIATION
JAf"i FMn� ricks, P
Chris Kuberry, Vice Prefdent
Chris Marshall, Treasurer
Michael Hemen y, Sworn Represe e
J Bartolotti, Staff Representative
.J Ulf ]� rrl 2004
Date
CITY OF BALDWIN PARK
Vijay Singhal, Chief Executive Officer
Leticia Lara, Human Resources Manager
Date
INDEX
Section 1 - Rights and Recognition
Resolution No. 2008 -043
Page 34
Page
Recognition 4
Management Rights 4
Savings Clause 5
Peaceful Performance 6
Maintenance of Existing Benefits 6
Full Understanding, Modification, and Waiver 6
Section 2 - Direct Wage Payments
Adoption of a Seven Step Compensation Plan 7
Salary - Sworn Employees 7
Salary - Non -sworn Employees 8
Non -Sworn Employees One -Time Payment 8
Salary Re- opener Clause 8
Section 3 - Insurance /Supplemental Wage Payments
Sworn Employees
8
Non -Sworn Employees
9
Vision Plan
9
Life Insurance
9
Dental Plan Enhancement
9
Long Term Disability
10
Retirement and Deferred Compensation - Non -sworn
10
Retirement - Sworn
11
Bilingual Pay
11
Specialty Assignments
11
Canine Assignment
12
Education Incentive - Sworn
12
Education Incentive - Non -sworn
13
Tuition Reimbursement
13
Funeral
13
Paqe
Section 4 - Attendance and Leaves
Sick Leave 14
Annual Sick Leave Incentive 14
Resolution No. 2008 -043
Page 35
Bereavement Leave
15
Vacation
15
Holidays
16
Floating Holidays
17
Holiday Bank
17
Military Leave
18
Jury Duty
19
Training /Conference Leave
19
Injury on Duty
19
Section 5 - Work Schedules
Experimental 4/10 Plan 19
Workday 20
Hours of Work 20
3/12 Alternate Work Schedule 20
Work Week 20
Work Week (Sworn Employees) 21
Section 6 - Overtime
Overtime Authorization
21
Clothes Changing
21
Shift Trades
21
Early Relief Policy
22
Firearms Qualification
22
City Vehicle Use
22
Canine Assignment
23
Motorcycle Assignment
23
Gym Facility
23
Call Back Pay
23
Court Pay
24
Court Standby
24
Page
Training Time
24
Work Period
25
Overtime Compensation
25
MOU Overtime
25
Compensatory Time
26
Paid Leave Exclusions
26
New Fair Labor Standards Act Regulations
26
Resolution No. 2008 -043
Page 36
Section 7 - Policies and Procedures
Pay Periods
27
City Switchboard
27
Identification for Non -sworn Employees
27
Uniform /Equipment Allowance - Sworn Personnel
27
Uniforms — Non -Sworn Personnel
28
Safety Equipment
28
Dues Authorization
28
American's With Disabilities Act
29
Alcohol and Drug Abuse Policy
29
Community Based Policing
31
Limited Re- Opener
31
Dismissal w /Prejudice of Pending Litigation and Administrative Grievance
32