HomeMy WebLinkAbout2020 048 CC RESO RESOLUTION NO. 2020-048
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 MANAGEMENT EMPLOYEES ASSOCIATION
(BPMEA)
YEARS 2020 - 2021
WHEREAS, representatives of the City Council of the City of Baldwin Park have
met and conferred with duly authorized representatives of the Baldwin Park Police
Management Employees Association (BPMEA) to revise language 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 consideration and approval; and
WHEREAS, a majority of the unit members from this group voted to approve the
Memorandum of Understanding; and
WHEREAS, attached said report to this resolution as with the date, October 7,
2020 referred to as Exhibit B.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
DOES HEREBY RESOLVE AND ORDER AS FOLLOWS:
SECTION 1. That this City Council does hereby approve and authorize the
Mayor of the City of Baldwin Park to sign the "Memorandum of Understanding" between
the City of Baldwin Park and the Baldwin Park Police Management Employees
Association (BPMEA), attached hereto as Exhibit B. The Memorandum of Understanding
for employees represented by the Baldwin Park Police Management Employees
Association (BPMEA) is hereby effective for the period from July 1, 2020, through June
30, 2021.
PASSED, APPROVED, AND ADOPTED this 7th day of October, 2020.
MANU 0 0
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify
that the foregoing Resolution No. 2020-048 was duly adopted by the City Council of the
City of Baldwin Park at a regular meeting thereof held on October 7, 2020 and that the
same was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS: Ayala, Garcia, Hernandez, Lozano
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Avila
ABSTAIN: COUNCIL MEMBERS: None
4ardrAi
Lourdes Morales
CHIEF DEPUTY CITY CLERK
CITY OF BALDWIN PARK
MEMORANDUM OF
UNDERSTANDING 2020-2021
BY AND BETWEEN
THE BALDWIN PARK POLICE MANAGEMENT EMPLOYEES
ASSOCIATION AND
THE CITY OF BALDWIN PARK
Preamble
The City of Baldwin Park,a municipal corporation, and the Baldwin Park Police Management
Employees Association,a recognized employee organization, have been meeting and conferring
consistent with Section 3500 et seq., of the Government Code and have reached agreement as a
result of such meetings.
It is the intent and purpose of the Memorandum to set forth the total and complete
understanding and agreement between the parties regarding wages, hours, and other terms and
conditions of employment.
It is recognized the signatories to this Memorandum of Understanding and Agreement
representing the City and the Association that they, in accordance with Section 3505.1 of the
California Government Code,shall jointly prepare a written memorandum of such understanding
which shall not be binding,and present it to the governing body or its statutory representative for
determination."
Section 1 — Rights and Recognition
Recognition
In accordance with provisions of the Meyers-Milias-Brown Act of the State of California on
provisions of the Employer-Employee Relations Resolution No. 96-51,the City acknowledges the
Baldwin Park Police Management Employees Association as a recognized employee organization
for the purpose of meeting and conferring regarding wages, hours and other terms and conditions
of employment for those employees in certain specified classifications referred to in Section 5 of
Resolution No. 96-51.The Police Management Employees Association is composed of the classified
sworn employees in the positions of Police Commander.
Duration of Memorandum
The parties agree that the provisions contained herein shall be subject to all applicable laws
and covers the period of July 1, 2020 through June 30, 2021, unless otherwise provided.
This Memorandum of Understanding abrogates and supersedes the Memorandum of
Understanding effective for the prior from July 1, 2017 to June 30, 2020 dated April 18, 2018, and
this MOU is applicable for the period from July 1, 2020 through June 30, 2021.
This Memorandum shall in all respects be subject and subordinate to the provisions of the
Baldwin Park Municipal Code,and statutory provisions of the Federal Government and the State of
California in effect at the time of the execution of this Memorandum.
Scope
The scope of representation shall include all matters relating to wages, hours and other
terms and conditions of employment, except however,that the scope of representation shall not
include consideration of the merits, necessity,or organization of any service or activity provided by
law or executive order;which shall include but not be limited to the right of the City to: direct,
supervise, hire, promote,suspend and retain employees; relieve employees from duties because of
lack of work or funds,or under conditions where the employer determines continued work would
be inefficient or non-productive;determine services to be rendered, operations to be performed,
utilization of technology, and overall budgetary matters; determine the methods, processes,
means,job classifications, and personnel by which government operations are to be performed and
conducted;determine the overall mission of the unit of government; maintain and improve the
efficiency and effectiveness of government of the City in situations of emergency; and take
whatever other actions may be necessary to carry out the wishes of the public not otherwise
specified above or by collective agreement.
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No Strike; No Lock Out
The Association agrees that neither the employees it represents,or any person acting in
concert with them,will cause, sanction,or take part in any strike,walkout, sit-down, slowdown,
stoppage of work,picketing, retarding of work,abnormal absenteeism,withholding of services,or
any other action against the City that would impede the proper functioning of the City government
at any time.
Violation of any provision of this Section by the Association shall be cause for the City
terminating this Agreement upon the giving of written notice to this effect to the President of the
Association, in addition to whatever other remedies may be available to the City at law or in equity.
Violation of any of the provisions of this Section by any employee shall be just cause for the
imposition of disciplinary action up to and including termination, in addition to whatever other
remedies may be available to the City at law or in equity. No employee shall receive any portion of
his regular salary or benefits while engaging in activity in violation of this Section.The City agrees
that it will not lock out any employee at any time.
Dues Deduction:
A. The City shall deduct Association membership dues and any other agreed-upon payroll
deductions to the extent permitted by law from the pay of each member employee in
accordance with the procedures set forth herein.
1. At the direction of a recognized employee organization, the City may deduct
dues from the paychecks of consenting members of the organization. Employees shall
communicate their requests to begin or cancel membership deductions to the
recognized employee organization, and the organization shall inform the City. Dues
paying bargaining unit members who have affirmatively consented to or authorized
dues deductions shall be entitled to have dues deducted by signing and filing with the
Association an authorization form provided by the Association. The Association will
notify the City of the employee name and amount of dues to be withheld. The dues
deduction form currently in use may continue to be utilized by the Association.
2. The City agrees to direct each member employee to the Association with regard
to any questions or concerns related to membership dues or any other mutually agreed
payroll deduction.
3. The Association is responsible for providing the City with timely information
regarding changes to member employees' dues and any other lawful Association related
payroll deductions.
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4. Dues withheld by the City shall be transmitted monthly to the Association officer
designated in writing by the Association as the person authorized to receive the funds,
at the address specified.
5. If dues deduction would result in a negative balance for an employee, the dues
will not be withheld and the Association will be notified.
6. The Association shall refund to the City any amounts paid to it in error upon
presentation of supporting evidence. The City will pay to the Association any amounts
which were not deducted in accordance with the procedures prescribed in this Section.
B. The City shall make payroll deductions in reliance on the Association's certification that
the Association has and will maintain an authorization signed by each member employee who
affirmatively consents to pay Association membership dues. Similarly, the City shall only cancel
or modify membership dues or any other mutually agreed payroll deduction for any member
employee in reliance on information provided by the Association to the extent permitted by
law.
C. The City shall not request the Association to provide a copy of any member employee's
authorization unless a dispute arises about the existence or terms of the authorization.
D. The Association shall indemnify, defend, protect and hold harmless the City and its
elected and appointed officials, officers,employees,officers and agents (collectively hereafter
the"Indemnitees")from and against any and all claims, liabilities, losses, damages,fines,
penalties,claims,demands, suits,actions, causes of action,judgments, costs, and expenses
arising from the application of this section, including, but not limited to, any claims made by
bargaining unit employees for the return of membership dues deductions the City made in
reliance on the Association's certification, and any claims made by any bargaining unit
employees for any deduction cancellation or modification the City made in reliance on the
information provided by the Association.
Savings Clause
This Memorandum of Understanding is subject to all applicable Federal,State and City laws,
ordinances, resolutions,and any lawful rules and regulations enacted by the City Council. If any
part or provision(s) of this Memorandum of Understanding is in conflict or inconsistent with such
applicable provisions of Federal,State or City Laws, ordinances, resolution or is otherwise held to
be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision(s) shall
be suspended and superseded by such applicable law or regulations, and the remainder of this
Memorandum of Understanding 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(s).
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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.
Salary
The unadjusted base salary rates(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 CaIPERS contributions)for classifications designated as police management employees
shall not be increased for the contract year 2020/21. Further, no cost of living increase shall be
provided for the contract year 2020/21.
Longevity Pay-Sworn Employees
Commencing June 30, 2017, City shall pay each sworn employee a monthly longevity
payment based upon the employee's years of full time law enforcement service to the City in the
amount that corresponds to the employee's years of full time service, as set forth below:
a. 10-14 years of full time service shall entitle employee to$158 per month;or
b. 15- 19 years of full time service shall entitle employee to$315 per month;or
c. 20-24 years of full time service shall entitle employee to$470 per month; or
d. 25 or more years of full time service shall entitle employee to$675 per month.
A sworn employee may earn longevity payment in the amount commensurate with the
employee's completed years of full time service as set forth above provided that the employee
shall not be entitled to collect more than one longevity payment at any one time.
An employee's longevity payment shall not increase the employee's unadjusted base salary.
Instead the longevity payment will be added to the employee's unadjusted base salary after any
percentage increase to the employees unadjusted base salary including the one effective on July 1,
2016.
Section 3 — Insurances/Supplemental Wage Payments
Health Benefits/Cafeteria Plan
The health plan coverage term, annual premium rates and PEMHCA employer contribution
amounts, as determined by CaIPERS, run from January 1st through December 31st of each calendar
year.The City shall pay the monthly cost of the employer's minimum contribution as required by
Government Code§22892. Effective the first full pay period after ratification by both parties,the
City will contribute an additional amount in excess of the employer contribution amount toward
the following expenses.The sum of the minimum contribution and the additional amount shall not
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exceed $1,400.00 per month. Employees may opt-out of enrollment in the City's CaIPERS medical
plan only upon proof of enrollment in another group health insurance plan.
Employees may use cafeteria funds for any of the following options:
1. Premium cost for enrollment in City provided health insurance plan for self,two (2) 3
party, or family coverage
2. Premium cost for enrollment in a City provided dental plan for self,two (2) party,
or family coverage.
3. Premium cost for vision care in excess of what the City provides.
4. Election to receive funds in cash,which will be treated as taxable income.
5. Such "cash out"shall not exceed$1,200 per month.
6. Any combination of the foregoing options.
Any premium in excess of the City's monthly maximum contribution shall be paid by the
Employee via payroll deductions.
Retiree Health Benefit Plan for Employees Hired Before July 1, 2020
The City Council shall adopt and file an appropriate resolution with the Board of
Administration of the Public Employees Retirement System (CaIPERS)whereby the City will elect to
obtain a post-retirement health benefit plan for employees who are members of this bargaining
group before July 1, 2020 as the sole and exclusive health benefit plan for such employees who
retire from the City with the intent to provide coverage to said employees after the resolution is
approved by CaIPERS and a contract for a health benefit plan between the City and CaIPERS is
approved by the parties.
For all employees hired prior to July 1, 2020, if upon retirement the employee enrolls in the
City's CaIPERS medical care plan,the City will pay the minimum employer contribution to CaIPERS
that is required by Government Code Section 22892(b). In addition the City will also pay into the
retiree's individual health reimbursement account, or similar reimbursement plan an amount equal
to the difference of the City's minimum employer contribution required by Government Code
section 22892(b) and the premium cost for retiree-only coverage in the retiree's chosen medical
plan.
Retiree Health Benefit Plan for Employees Hired On or After July 1. 2020
The City Council shall adopt and file an appropriate resolution with the Board of
Administration of the Public Employees Retirement System (CaIPERS)whereby the City will elect to
obtain a postretirement health benefit plan for employees who were hired on or after July 1, 2020
as the sole and exclusive health benefit plan for such employees who retire from the City,with the
intent to provide coverage to said employees after the resolution is approved by CaIPERS and a
contract for a health benefit plan between the City and CalPERS.
Postretirement health benefit plan for employees Who were hired on or after
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For all employees hired on or after July 1,2020, if upon retirement from the City the
employee enrolls in the City's CaIPERS medical care plan,the City will pay only the minimum
employer contribution to CaIPERS that is required by Government Code Section 22892(b).
Vision Plan
The city will provide a vision plan to all affected employees,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,the City will fund term life insurance in the face amount of$50,000.
Short-Term/Long-Term Disability
The City will pay 100%of the employee's premium towards a short term &long term disability
program as provided by the City of Baldwin Park.
The Short Term Disability Insurance Plan provides benefits commencing on the 31st day of non-work
related injury or illness,and employees will be eligible to receive cash benefit of 66.67%of their
weekly salary up to$1,871 for up to 22 weeks.
The Long Term Disability Insurance Plan provides a cash benefit of 66.67%of your monthly salary up
to$8,100, starting 180 days after you are out of work and continuing up to age 65 or Social Security
Normal Retirement Age(SSNRA),whichever is later.
Retirement
The City will pay 100%of the employer's contribution to the CaIPERS retirement program and
provide retirement benefits at the 3%at 50 formula as currently specified under the City's contract
with the California Public Employees' Retirement System.All such employee contributions shall be
deposited in the member's retirement accounts.The employee will pay 100%of the employee
contribution.
Effective as soon as reasonably practical and consistent with CaIPERS documentary
requirements,the City shall amend its contract with CaIPERS to provide for Level V of the 1959
Survivors' Benefit, conditioned upon said amendment resulting in no increased CaIPERS City
contribution rate or other CaIPERS cost and no decrease in the City CaIPERS account value.
Bilingual Pay
The City shall pay an additional one hundred fifty dollars ($150.00) per month to a person who
is capable of speaking, reading,writing and/or interpreting the languages of Spanish,Cantonese,
Mandarin,Japanese,Vietnamese,Tagalog, and American Sign Language,when the City determines
those language skills to be operationally necessary or beneficial to the City. Determination of
capability shall be made by qualifying tests established by the City.
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Tuition Reimbursement
Effective July 1, 2004,the City agrees to reimburse Police Management members for '.
educational expenses up to a maximum of$3,000 per fiscal year. In order to qualify for the
reimbursement said employee must attend a nationally accredited college or university and shall11
receive a "C" or better as a completion grade for the specific course. Employee will continue to
process the tuition reimbursement as stated within the City's current policy.An employee shall be
responsible to pay back the City if said employee separates from employment within two (2)years
of receiving the reimbursement.
Educational Incentive
Each member who possesses any of the following degrees: Associate of Arts/Science,
Bachelor of Arts/Science, Master of Arts/Science or Doctorate from a nationally accredited college
or university shall be eligible to receive the following compensation:
Associate of Arts/Science 2%increase to base salary
Bachelor of Arts/Science 8%increase to base salary
Masters of Arts/Science 10%increase to base salary
Doctorate 12%increase to base salary
Educational Payment-Sworn Personnel
Effective the first full pay period after ratification by both parties the City shall pay each
sworn employee in PMEA bargaining group a monthly POST Certificate payment based upon the
employee's receipt of the following POST Certificates as set forth below:
A. $750.00 monthly for a Management POST Certificate
B. $560.00 monthly for Advanced POST Certificate
C. $500.00 monthly for a Supervisory POST Certificate
In addition to the Management POST certificate eligible employees can also receive an
Advanced Certificate POST incentive, but not the Supervisory POST incentive pay. Employees who
hold a Supervisory and Advanced POST Certificate are eligible to receive both incentives.
Section 4—Attendance and Leaves
Sick Leave
Sick leave shall accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited
on an hourly basis.
Effective September 7, 1994, each eligible affected employee shall elect their maximum sick
leave hours accrual. Dependent upon the total number of currently accrued sick leave hours,the
maximum sick leave hour's accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible
affected employee wishes to elect a maximum sick leave accrual level that is at a higher level than
their currently accrued sick leave hours,they may do so.The maximum accrual elected by the
affected employee will be irrevocable. Once the election is made by the employee,such excess
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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 a maximum of 50%of
the total value with the timing and method 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 unused sick leave.
Annual Sick Leave Incentive
Sick leave shall accrue on a biweekly hourly basis 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.
Bereavement Leave
Each classification represented by the Association shall receive the equivalent of three(3)
working days per incident, as needed,for a death in their immediate family.
Immediate family shall mean and include only the employee's spouse, children, step-
children, parents, brothers, 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 Leave
The general policy and accrual levels of vacation will be 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.
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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
employment(vacation accrual = 168 hours per year),the maximum
5. Amount of vacation that may be accumulated shall be 336 hours.
6. 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.
Human Resources will send out an email reminder on a semi-annual basis reminding employees
to routinely check their vacation balances online to determine if they are at a use or lose status.
However, ultimately employees are responsible to monitor their vacation time, usage and
balances.
In the event a legal holiday falls during a vacation leave, such holiday shall not be 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.
Employees will be allowed to bank excess vacation accrual time for business necessity reasons only.
Business necessity is defined as an urgent operational need requiring the employee's presence,as
determined by the Department Head, Human Resources Manager and City Manager.
Administrative Leave
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Effective the first full pay period after ratification, each employee in the position of Police
Commander shall receive a maximum of sixty(60) hours of administrative leave with pay each fiscal
year.The use of such leave shall be at the reasonable discretion of the employee's department
head.
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Unused time at the end of each fiscal year,June 30,will be paid during the following month 3 1
of July with said time being calculated at their then straight time hourly rate.
Holidays
For employees working a 4/10 plan or a 3/12 plan,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 designed as holidays by motion of the City Council.
If any of the foregoing 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.
Floating Holidays
1. Employees working a 3/12 plan will receive one (1)twelve (12) hour day of floating
leave,for a total of 12 hours.
2. Employees working a 4/10 plan will receive two(2)ten (10) hour days of floating
leave,for a total of 20 hours.
Holiday Bank
Shift Employees
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 to bank 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 employee and for the needs of the
service.This holiday bank leave shall be used in the increment of the employees assigned work
schedule, e.g., 8, 9, 10 or 12 hours. Employees may accumulate up to a maximum of one hundred
(100) hours of holiday bank time. However, upon implementation by the City of accounting
procedures and methods whereby use of holiday. If an employee, because of business leave in
increments of one (1) hour or more can be reasonably documented, affected employees shall be
provided the option of using holiday leave in such amounts of time.Although the City shall
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endeavor in good faith to institute such an accounting process, it shall remain the sole discretion of
the City to determine when such a modified accounting process can be reasonably implemented.
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 not 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
At the beginning of each calendar year,the City will determine how many of the set
holidays fall on a Friday and/or Saturday.An employee will be credited with an equivalent number
of hours of holiday time("holiday bank"), Each affected employee will also be credited with the
above floating holidays.The actual date for the use of such leave shall be subject to the approval of
the employee's appointing authority.This holiday bank leave shall be used in the increment of the
employees assigned work schedule,e.g.,8, 9, 10 or 12 hours. 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 not 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,administrative
leave 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
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 employees regularly
scheduled four(4)workdays per week to his/her"Friday" day off.
Jury Duty
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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 employees regularly
scheduled four(4)days per week to his/her"Friday" day off.
Training/Conference Leave
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 additional compensation while attending the conference or
training.
Injury on Duty
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 additional
compensation while receiving treatment or keeping doctor's appointments.
Section 5 —Work Schedules
4/10 Plan
The City agreed to implement a 4/10 plan for all affected employees in the Police
Department effective August 2, 1993.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 Chief of Police or his/her designee has the right to assign schedules based on operational
needs.
3/12 Work Schedule
The 3/12 work schedule for Police Commanders was approved for implementation to take
place January 7, 1996. Detailed scheduling and department procedures relating to this work
schedule will be resolved by the operations division commander after implementation. The
Association recognizes that the Chief of Police or his/her designee has the right to assign schedules
based on operational needs.
Probationary Period
Probationary period is (12)twelve months.
Workday
Police Commanders assigned to City Hall, shall have a standard workday consisting of ten
and one-half(10 1/2) hours, nine hours and fifty minutes (9:50)of work time and forty(40) minutes
111S1-0009\2453887v3.doc 14
as a non-paid unrestricted meal period. Meal periods shall be in accordance with department
administrative guidelines.
Patrol Commanders shall have a standard workday consistent with other patrol officers
working on the 3/12 program,which will include a paid restricted meal period of one-half(1/2)
hour. 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.The Association recognizes that the Chief of Police or his/her designee has
the right to assign schedules based on operational needs.
Hours of Work
Police Commanders assigned to City Hall shall work Monday through Thursday, 7:30 a.m.to
6:00 p.m.
Patrol Commanders shall work their assigned shifts as scheduled.
The Police Commander assigned to Investigations shall work four (4) days per week, 7:00
a.m.to 5:30 p.m.
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
their own personal convenience.An employee may or may not utilize the locker for storage and
changing purposes at their own discretion.
Nothing herein prevents a sworn employee from wearing their uniform to and/or from their
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. 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 their
compensable hours increased as a result of the trade; nor shall the employee receiving the trade
have their 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.
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"Payback" of shift trades are the obligation of the two employees involved in the trade.
Payback are to be completed within twelve (12) months of the date of the initial shift trade.Any
dispute as to payback 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 payback 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 their compensable hours
increased as a result of the early relief. "Payback" 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
Police Commanders shall be assigned take-home vehicles. These vehicles must be used in
accordance with Department Policy. In times of fiscal emergency, as declared by the Chief
Executive Officer or his/her designee,these vehicles may be temporarily recalled at the sole
discretion of the Chief Executive Officer as a cost-saving measure until the Chief Executive Officer
or his/her designee determines that the fiscal emergency has ended.
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.
11151-0009\2453887v3.doc 16
Gym Facility
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.
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.
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 Commanders shall be seven (7)days in length.
Effective July 1, 2020, no compensatory time shall be accrued. Compensatory time accrued
previously shall remain available, subject to the below restrictions, until exhausted or until the
employee separates from City service.
The time during which an employee may take their compensatory time shall be approved by
the department head 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 the compensatory time shall cease and all accrued
compensatory time shall be paid at the employee's current straight time rate.
Upon promotion to this bargaining unit,an employee shall cash out any compensatory time
hours in excess of 40 hours at the previous rate.On or before December 31 of each year, an
employee shall reduce their 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 unless
advance,written approval of the employee's department head and the Executive Team is obtained
to carry over all or part of the excess of forty(40) hours.
Upon separation from City service, an employee shall be compensated for all accrued
compensatory time of eighty(80) hours or less at their straight time hourly base rate.
11151-0009\2453887v3.doc 17
Section 7— Policies and Procedures
Pay Periods
The pay periods and times of delivery of payroll checks for all employees shall be set by the
Executive Team.
Uniforms
Effective July 1,2015 the City will provide$900.00 per year for eligible employees by adding
this amount to each employee's paycheck but will not increase the employee's base salary.The City
shall continue to provide new employees with two (2)complete uniforms (excluding shoes) upon
commencing employment with the City.
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.
Disciplinary Appeal Procedures
Classifications represented by the Association will be subject to the disciplinary procedures
as set forth in Section 14 of the Personnel Rules.
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
Association will be notified of these proposed accommodations prior to implementation by the
City.
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
11151-0009\2453887v3.doc 18
9•
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 provisions.
Alcohol and Drug 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 toperform their duties safelyandefficiently,n
e c e tly, in the
interests of their fellow workers and the public as well as themselves.
Policy
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/her supervisor, before beginning work,when taking
medication or drugs(including the possible effects of taking such medication or drugs)which the
employee 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:
a. Refrain from the use of,or unlawful possession of, illegal drugs or narcotics while on
duty;
11151-0009\2453887v3.doc 19
{
b. Not report to work while his/her ability to perform duties is impaired due to alcohol
or drug use;
c. Not possess or use alcohol or impairing drugs(illegal drugs and prescription drugs
without a prescription) during working hours or at any time while on city property,
unless authorized by the Police Department;
d. 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;
e. 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;
f. Report to their supervisor of any criminal drug statute conviction no later than five
(5) days after such conviction;
g. 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,
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 1005 of the Baldwin Park Police Department
Policy Manual will be taken 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. Information to 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.
11151-0009\2453887v3.doc 20
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, and
Personnel/Risk Manager.
Smoke Free Workplace
Section 18, of the Personnel Rules, relating to smoking in the City workplace will be
amended to read as follows:
18.1 Purpose
The purpose of this policy is to set forth City Council direction in regard to smoking by City
employees in City facilities and to encourage non-smoking by City employees in the workplace.This
policy is necessary because such smoking is recognized as a hazard to the health of smokers and
non-smokers alike.
All employees must be aware of the provisions of City Council Ordinance No. 1232, which
prohibits smoking by anyone in and around City-owned premises and public parks and other
recreational facilities.
City owned premises is defined as a building or site owned and occupied, or leased and
occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the
City-owned premises and all structures thereon. City owned premises shall not include any public
sidewalk adjacent to the site or City-owned premises, nor any building owned in part by the
Baldwin Park Redevelopment Agency which is also partly owned by a private individuals or Owner
Participation Agreement. City-owned premises include, but are not limited to, City Hall,the City
Yard, and the site occupied by the City Housing Authority.
Public Park means any park, roadside rest, or other site designated by the City of Baldwin
Park for any recreational purpose which is owned, managed or controlled by the City, and includes
the entire site of the public park,all structures thereon, and any public sidewalk adjacent to that
site. Public Park includes, but is not limited to,the Julia McNeill Senior Center,the Esther Snyder
Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the
Baldwin Park Teen Center and Skate Park.
This policy governs all areas of city-owned buildings not considered to be public access
areas and not therefore,governed by Ordinance No. 1232.These areas would include employee
offices, rooms or hallways not normally open to the public, employee lounges, kitchens,
11151-0009\2453887v3.doc 21
lunchrooms and employee break rooms, workstations, locker rooms, city vehicles and other
common employee areas.
Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or
cigarette or any other device used for the burning of tobacco or other similar combustible material,
so that the person in possession thereof can inhale and exhale the smoke therefrom.
18.2 Policy(This policy will supersede the policy effective September 7, 1989)
Effective January 1, 1995, smoking in all areas of city-owned buildings and city-owned
vehicles is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive
Team.
18.3 Procedure
The Maintenance Division shall be responsible for posting and maintaining all signs in
accordance with the standards approved by the Executive Team. Signs in private offices shall be the
responsibility of the office occupant. "No Smoking" signs shall be available from the Maintenance
Division.
Those managers and supervisors closest to employee worksites are hereby charged with the
implementation of and compliance with this policy.The Executive Team is ultimately responsible
for such implementation and compliance.
The Human Resources Manager shall be responsible for updating this policy as necessary
and communicating this policy to all employees.
No person shall discharge, discipline or in any manner retaliate against any employee
because such employee exercises any rights afford by this policy.
Limited Reopener
The parties agree to allow a reopener during the term of the MOU which shall be limited to
proposed modifications to Cost of Living Adjustments. Either party shall provide written notice to
the other of its intent to invoke this section, and a written description of the precise changes that
are proposed. Proposed changes shall not be implemented without completion of the meet and
confer process and as appropriate,completion of any impasse resolution procedures.
11151-0009\2453887v3.doc 22
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 MANAGEMENT CITY OF BALDWIN PARK
EMPLO S ASSOCIATION
/41;4
Cmdr. C er Hofford President Manuel Lozano, Mayor
11151-0009\2453887v3.doc 23
Non-dis
crimination
The provisions of the Memorandum shall be applied equally to all employees without
unlawful discrimination as to age, sex, marital status, race, color, ancestry, religious creed, national
origin, political affiliation or(when the nature of work permits) physical handicap.Any violation of
this by the recognized employee organization shall also be subject to immediate correction and
possible loss of recognition.
All references to employees in this Memorandum designate both sexes, and whenever one
gender is used it shall be construed to include both, where appropriate.
Consistent with Section 3502 of the California Government Code,the parties adhere to the
State law,which provides that:
Except as otherwise provided by Legislature, public employees shall have the right to form,
join and participate in activities of employees organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations. Public employees also shall have the
right to refuse to join or participate in the activities of employee organizations and shall have the
right to represent themselves individually in their employment relations with the public agency.The
City and the Association agree not to interfere with the aforesaid right.
Full Understanding, Modifications, 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.
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.
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.
11151-0009\2453887v3.doc 3