City of Culver City, California
Agenda Item Report
Meeting Date: 08/25/2014 Item Number: A-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a Five (5) Year
Memorandum of Understanding with the Culver City Police Officers’ Association
for the Period of July 1, 2014 through June 30, 2019
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Commission Action Required: Yes [] No [X] Dates:
Public Notification: (E-Mail) Agenda and Meetings – City Council (08/19/14); Culver City
Police Officers’ Association (08/19/14)
Department Approval:
Serena Wright (08/18/14)
City Attorney Approval:
Carol A. Schwab (by H. Baker) (08/19/14)
Chief Financial Officer Approval:
Jeff Muir (08/19/14)
City Manager Approval:
John M. Nachbar (08/19/14)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving a five (5) year
Memorandum of Understanding with the Culver City Police Officers’ Association for
the period of July 1, 2014 through June 30, 2019.
BACKGROUND:
The previous Memorandum of Understanding (MOU) with the Culver City Police
Officers’ Association (CCPOA) expired on June 30, 2014. The negotiation
discussions have concluded, and the City and the CCPOA have reached an
agreement resulting in a five (5) year agreement.
DISCUSSION:
The MOU that is being presented to the City Council for consideration and adoption
provide the following essential changes:
? Combine equipment/uniform allowance and increase by $110 annually
? Increase Field Training Officer pay from 5% to 8%
? Increase holiday-in lieu and sick leave accrual by 8 hours
? Provide 5% bilingual pay
? Provide $450 annual physical wellness benefit
? Establish longevity pay as follows: City of Culver City, California
Agenda Item Report
10 years - $192/ per pay period
15 years - $308/ per pay period
20 years - $423/per pay period
? Increase on-call detective pay from 4 hours per weekend to 8 hours per 7-day
work week
? Provide 7% to unit employees assigned as Rangemasters
? Increase tuition reimbursement to $250 per unit
? Increase on-duty death benefit to $15,000
? Require employees to pay up to 5% of Employer CalPERS rate costs above
50%
? Update working conditions or procedural changes with de minimis or no fiscal
impact.
FISCAL ANALYSIS:
The estimated additional on-going annual cost of this agreement (versus status quo)
will be approximately $750,000 per year. There are savings that will occur when the
public safety employer retirement contribution rate rises above 50%. Each percentage
picked up by the employees will result in approximately $150,000 in savings to the City.
The City’s financial forecast estimates that public safety employer retirement
contribution rates will being to exceed 50% in Fiscal Year 2017-18, and reach 60% in
Fiscal Year 2020-21.
ATTACHMENTS:
1. Resolution with Master Memorandum of Understanding
MOTION:
That the City Council:
Adopt a Resolution approving a five (5) year Memorandum of Understanding
between the City and the Culver City Police Officers’ Association for the period of
July 1, 2014 through June 30, 2019.
MEETING DATE: 08/25/2014
AGENDA ITEM: Adoption of a Resolution Approving a Five (5) Year
Memorandum of Understanding with the Culver City Police
Officers’ Association for the Period of July 1, 2014 through
June 30, 2019
ATTACHMENTS
Pages
1. Resolution 1
2. Memorandum of Understanding 2-59
POA MOU 2011-2014 Page 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
THE CULVER CITY POLICE OFFICERS ASSOCIATION
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I. PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOU” is made by
and between the City of Culver City, California, hereinafter called the "City", and
The Culver City Police Officers Association, representing Police Officers and
Police Sergeants, hereinafter called the "Association". This MOU is made
pursuant to the California Government Code Section 3500, et seq.
II. RECOGNITION
The City hereby recognizes the Association as the exclusive representative of
Police Officers and Sergeants in the Police Safety Service, hereinafter called
"Unit Employees".
III. BARGAINING UNIT CHANGES
Any change in the classes which compose the Police Safety Employees Unit
shall be in accordance with the provisions of the City's Resolution No. 2008-
R009, as amended.
IV. NONDISCRIMINATION
A. POLICY
No employee shall be subject to discrimination which is prohibited by
applicable federal, state or local law. In accordance with this policy, the
City agrees that no employee shall be interfered with, intimidated,
restrained, coerced, employed, promoted, demoted, discharged or in any
way favored or discriminated against because of his or her political
opinions or affiliations, race, religious belief, age, sex, sexual orientation,
POA MOU 2014-2019 Page 3
gender orientation, physical or mental disability, or because of the
exercise of his/her rights under this MOU.
B. UNION AGREES NOT TO DISCRIMINATE
In accordance with the above policy, the Association agrees not to
discriminate against an employee because of the exercise of his or her
rights granted under this MOU or with respect to admission to membership
and the rights of membership in the Association for any of the above
enumerated reasons.
V. AGENCY SHOP
The City will afford the Association the opportunity to exercise the Agency Shop
provisions of Government Code Section 3502.5.
VI. DEDUCTIONS
A. DUES/INSURANCE CHECKOFF
1. During the term of this MOU and upon compliance with such rules
and regulations as the City may establish, Association dues and
insurance plan fees (uniform in dollar amount for all unit
employees) shall be deducted by the City bi-weekly from the salary
of each employee who has filed a written authorization, on the
appropriate City form, that such deduction be made.
2. A fee of ten ($.10) cents for the processing of each deduction taken
will be assessed by the City and deducted bi-weekly. The
aggregate amount of such deductions, less the aggregate amount
of the charges assessed, shall be remitted to the Association.
3. A unit employee may cancel a dues deduction at any time by filing
a written authorization, on the appropriate City form, that such
deduction be discontinued.
4. Changes in the amount to be deducted for dues/insurance plans
may only be made twice a year during the first payroll period
beginning in January and the first payroll period beginning in July.
POA MOU 2014-2019 Page 4
B. INDEMNIFICATION
The Association agrees to indemnify and hold harmless the City against
all claims, including costs of suit and reasonable attorney fees and/or
other forms of liability arising from the implementation of the provisions of
this Section.
VII. RIGHTS
A. EMPLOYEE RIGHTS
Unit employees of the City shall have the right to form, join, and participate
in the activities of employee organizations of their own choosing for the
purpose of representation on all matters of employer-employee relations
including but not limited to wages, hours, and other terms and conditions
of employment. Unit employees also shall have the right to refuse to join
or participate in the activities of employee organizations. No employee
shall be interfered with, intimidated, restrained, coerced, or discriminated
against by the City or by any employee organization because of the
exercise of these rights.
B. CITY'S RIGHTS
The City reserves the right to make the final determination as to all
matters which are necessary to manage, control and administer the City's
operations including, but not limited to:
1. Determining the mission of the City's constituent departments,
commissions and boards;
2. Setting standards of service;
3. Determining the procedures and standards of selection for
employment and promotions, directing employees, and taking
disciplinary action;
4. Relieving employees from duty because of lack of work or other
legitimate reasons, maintaining the efficiency of governmental
operations;
5. Determining the methods, means and personnel by which
governmental operations are to be conducted;
6. Determining content of job classifications;
POA MOU 2014-2019 Page 5
7. Taking all necessary actions to carry out the City's mission in
emergencies;
8. Exercising control and discretion over the City's organization and
the technology of performing its work;
9. Regulating the use of all equipment and other property of the City;
10. Establishing, altering or disposing of operations, departments,
commissions or boards;
11. Determining the work to be contracted out;
12. Determining the complement of employees needed or assigned to
a particular function or work location;
13. Establishing and modifying employee staffing levels including any
impacts resulting from changes to staffing levels;
14. Establishing, changing and/or modifying work schedules for
employees as set forth in this MOU; and
15. Performing all other functions not specifically delegated to
employees elsewhere in this MOU; and
C. IMPACT OF MANAGEMENT RIGHTS
1. The City agrees to meet and confer with the POA over the exercise
of these City rights which significantly impact terms and conditions
of employment.
2. If any provision of Subsection “B” above is found to be inapplicable
and/or in conflict with final court decision or decree or state law
affecting Culver City, the remainder of this subsection shall
continue in effect.
VIII. PAID TIME OFF FOR ASSOCIATION REPRESENTATIVES
A. RELEASE TIME
1. Leave of Absence with pay is authorized for representatives of the
Association to attend conferences, meetings, institutes, or similar
affairs (in addition to meet and confer sessions with City
representatives).
POA MOU 2014-2019 Page 6
2. The total leave granted for the calendar year for the bargaining unit
shall not exceed one hundred twenty (120) hours per calendar
year.
3. “Police Officer of the Year” selected annually by the Association,
may receive up to forty (40) hours of Association Release Time, to
be deducted from the one hundred twenty (120) hours of
Association Release Time, in recognition of this award.
4. Such leave is subject to the prior approval of Police Chief or
designee, and may be denied if approval requires overtime
expenditures for operational coverage.
5. In using this leave for such purpose, the Association agrees that
said release time shall not constitute hours worked for computation
of overtime in the respective work period.
B. USE OF OTHER LEAVES
1. This special leave of absence will not prohibit employees from
requesting and being granted Vacation Leave, Leave of Absence
without Pay, or the use of Accumulated Compensatory Time off
within governing rules and department policies.
2. Arrangements for the individual unit employee(s) involved will be
made in advance with Police Management, and a "Request for
Leave of Absence" form shall be submitted to Police Management.
C. RELEASE TIME CERTIFICATION
An officer of the Association will certify that the Association is authorizing
the unit employee to use the release time as set forth in Article One,
Section VIII. This certification shall be on or attached to the "Request for
Leave of Absence" form.
POA MOU 2014-2019 Page 7
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
A. SALARY INITIATIVE ORDINANCE
It is the City’s desire to continue the intent of the Police Salary Initiative
Ordinance to set Police Officers’ salaries at an amount not less than the
average of the base monthly salaries of City of Los Angeles Police
Department and Los Angeles County Sheriff Department.
During the term of this MOU, should the City of Los Angeles Police
Department or the County of Los Angeles Sheriff Department receive an
adjustment in base monthly salary, Culver City Police Officers shall
receive one-half of any such increases. For example, if LAPD obtains an
increase of two percent, Culver City Police officers would receive a one
percent increase.
Only the City Council has the right and the final authority to pay salaries
above the average of LA City and LA County, unless otherwise required
by this MOU, if they so desire.
"Section 1. SHORT TITLE. This ordinance shall be known as "The
Salary Ordinance for Police Officers and Fire Fighters of the City of Culver
City."
"Section 2. DEFINITIONS. The words and terms defined in this section
shall have the following meanings in this ordinance:
a. Base Monthly Salary - the compensation attached to the positions
occupied by employees of the Police Department or the Fire
Department, in the job classifications listed in this ordinance.
Overtime pay, bonuses, longevity, retirement, assignment pay, or
other special pays are excluded.
b. Salary Steps - specific salary levels for the classifications of Police
Officer and Fire Fighter. The number of steps and time intervals of
their occurrence is determined by the City and County of Los
Angeles' salary steps and time intervals for comparable positions.
c. Salary Rate - each hourly salary listed in the Schedule of Salary
Ranges adopted by Resolution CS-7714, as amended.”
POA MOU 2014-2019 Page 8
"Section 3. SALARIES
a. The salary steps for the classification of Police Officer in the Police
Department of the City of Culver City shall be set at an amount not
less than the average of Base Monthly Salaries for comparable
steps in classifications in the Police Department of the City of Los
Angeles and the Sheriff's Department of the County of Los Angeles.
b. The salary steps for the classification of Fire Fighter in the Fire
Department of the City of Culver City shall be set at an amount not
less than the average of Base Monthly Salaries for comparable
steps in classifications in the Fire Department of the City of Los
Angeles and the Fire Department of the County of Los Angeles.
c. The salary for all other classifications in the Police Department shall
be set at an amount not less than the percentages listed below:
Police Classification Salary not less than:
Police Sergeant Top Step Police Officer + 15%
Police Lieutenant Police Sergeant + 19%
Police Captain Police Lieutenant + 15%
Assistant Chief of Police Police Captain + 10%
Chief of Police Police Captain + 20%
d. The salary for all other classifications in the Fire Department shall
be set at an amount not less than the percentages listed below:
Fire Classification Salary not less than:
Fire Engineer Top Step Firefighter + 15%
Fire Captain Fire Engineer + 15%
Battalion Chief Fire Captain + 19%
Battalion Chief/Fire Marshal Battalion Chief + 15%
Battalion Chief/Assistant Chief Battalion Chief + 15%
Fire Chief Assistant Chief + 15%
e. Notwithstanding subsections 3a. through 3d., each salary step for
Culver City Police Officers and Fire Fighters shall be set at the
Salary Rate nearest the amount described in subsections 3a.
through 3d.
f. Whenever Base Monthly Salaries for Police Officers or Fire
Fighters are approved for adjustment by the elected governing
body of the City of Los Angeles or the County of Los Angeles, or
both, the City Council of the City of Culver City within thirty days
shall adjust salaries of Culver City Police Officers or Fire Fighters,
POA MOU 2014-2019 Page 9
or both, in accordance with this ordinance. Said salary adjustments
shall be effective the first pay period following the effective date in
the City of Los Angeles or the County of Los Angeles including any
retroactive adjustment of the Base Monthly Salary”.
B. "Section 4. APPLICABLE LAWS
a. Conditions of employment, except the setting of salaries as herein
above stated, are based upon and pursuant to applicable law.
b. If any section of this Ordinance or part thereof shall be declared
unconstitutional or illegal for any purpose, then the illegal section
shall not affect the validity or legality of the remaining portion or
portions of this Ordinance.
Police Officers employed by the City of Culver City prior to
November 3, 1982, shall progress through the salary steps in
accordance with the formula in effect as of August 2, 1982. All
other terms of the Initiative Ordinance shall apply to these
employees."
C. CLARIFICATION OF PROCESS
It is agreed that these interpretive provisions shall not be construed by
either party to be an effort to negotiate changes to the Salary Initiative
Ordinance, but are clarifications of processes authorized or directed by
the Ordinance.
II. EQUIVALENT BIWEEKLY, MONTHLY AND ANNUAL RATE
1. Equivalent biweekly pay rate shall be determined by multiplying the hourly
rate by eighty (80) hours.
2. Equivalent annual pay rate shall be determined by multiplying the hourly
rate by two thousand and eighty (2080) hours.
3. Equivalent monthly pay rate shall be determined by dividing the annual
rate by twelve (12) months.
III. FREQUENCY OF PAYCHECK ISSUANCE
1. Employees shall be paid once every two (2) weeks, either by paycheck or
by direct deposit, as elected by the employee.
POA MOU 2014-2019 Page 10
2. The City will, upon request, mail payroll checks for those employees who
expect to be away at the regular disbursing time.
IV. INITIAL PAY RATE DETERMINATION
A. INITIAL PAY RATES FOR POLICE OFFICERS
1. The initial pay rate for entry level Police Officers shall be a
minimum of salary Step 1 for the classification of Police Officer.
2. The initial pay rate for Police Officers shall be based upon the
knowledge, skills and experience of the Police Officer as approved
by Police Management.
B. INITIAL PAY RATE FOR POLICE RECRUIT
1. The initial pay rate for Police Recruit shall be equal to Police Officer
Step 1 as set forth in City Council Resolution No. 84-R068 as
amended.
2. Police Recruits:
? Are not represented by any bargaining unit,
? Are non-sworn;
? Shall be a limited-term appointment not to exceed one year;
? Do not have Civil Service status; and
? Receive benefits granted to employees by classifications in the
General Service Bargaining unit.
3. Upon appointment to Police Officer, Police Recruits shall receive a
one-time bonus of two hundred and twenty five dollars ($225).
4. The purpose of referencing Police Recruits in this MOU is to clarify
their relationship to the Police Officers Association and identify how
their initial pay rate is determined. Their reference here does not
imply they have any other rights of any unit employees as set forth
in this MOU.
V. VOLUNTARY DEFERRED COMPENSATION
1. Unit employees covered herein may voluntarily participate in City-
sponsored deferred compensation plans.
POA MOU 2014-2019 Page 11
2. The City does not warrant that amounts deposited in the deferred
compensation plans are "qualified" for tax deferral and is not to be held
liable for such tax payments as may be determined assessable.
VI. ACTING PAY
1. Any unit employee who is required to, and does act and perform
duties included within a higher classification and which are broader
than the specifications governing such employee's position shall be
paid in accordance with the step and salary range appropriate for
such higher classification in the event that the hours actually
worked during such acting service are a minimum of one full pay
period.
2. The unit employee’s department shall submit a Personnel Action
Form to start the Acting Pay effective the beginning of the first full
pay period in which the employee is acting. The department shall
submit another Personnel Action Form to stop the Acting Pay at the
end of the pay period in which the acting assignment ceases.
3. During that period of acting service an employee shall be paid at
the acting pay rate for regular hours worked and any eligible leave
time used in lieu of regular hours worked.
4. The acting pay rate shall not be applied to any bi-weekly leave
payoffs or cash-outs.
5. An employee working overtime during such acting service shall be
paid at the acting pay rate for such time.
6. Unit employees receiving acting pay as set forth above shall
continue to receive the benefits associated with his/her permanent
position and not the benefits associated with the acting position.
7. Pursuant to the California Code of Regulations (CCR) Section 571,
Acting Pay shall be reported to CalPERS as special compensation
under the category of Premium Pay – Temporary Upgrade Pay.
POA MOU 2014-2019 Page 12
VII. SPECIAL ASSIGNMENT PAYS
A. PURPOSE
The purpose of Special Assignment Pay is to recognize and compensate
unit employees who regularly and routinely work assignments as set forth
in the following Section “B.”
B. COMPENSATION
1. Unit employees assigned to the following assignments shall receive
extra compensation Special Assignment Pay of four percent (4%)
above their base rate of pay plus POST:
Administration/Investigations
Bureau
Operations Bureau
Traffic Bureau
Adult Detectives
Court Liaison
Crime Impact Team
Juvenile Detectives
School Resource Officers
Victim’s Assistance Unit
Personnel & Training
K-9 Assignment
Patrol Section
Computer Services
Unit
Accident Investigator
Vehicle Impounds /
Reserve Coordinator
Commercial
Enforcement
Motor Unit
Parking Enforcement
Communications
Photo Enforcement
2. Pursuant to the California Code of Regulations (CCR) Section 571,
Special Assignment Pay shall be reported to CalPERS as special
compensation.
3. In addition to Special Assignment Pay, unit employees assigned to
the K-9 Assignment shall receive three (3) hours of overtime per
week for time spent caring for and exercising their K-9 partner.
4. In addition to Special Assignment Pay, unit employees assigned to
the Motor Unit shall receive two (2) hours of overtime per week for
time spent maintaining and cleaning their motorcycles, on and off
duty.
C. TIME FOR SPECIAL DUTIES
Unit employees assigned to K-9 Assignment and Motor Unit shall be
entitled to up to three (3) hours of administrative leave per calendar week
as a result of duties performed in time spent caring for and exercising their
K-9 partner, or maintaining and cleaning their motorcycle.
POA MOU 2014-2019 Page 13
VIII. FIELD TRAINING OFFICER PAY
A. PURPOSE
The purpose of Field Training Officer Pay is to recognize and compensate
unit employees who are assigned as Field Training Officers by Police
Management to train probationary Police Officers and/or Reserve Police
Officers as part of their assigned duties.
B. COMPENSATION
1. Unit employees assigned as Field Training Officers who train, as
their primary duty, probationary Police Officers shall receive extra
compensation of eight percent (8%) above their base rate of pay
plus POST.
2. Unit employees shall be assigned as Field Training Officers for a
minimum of six months. The Chief of Police or designee shall
determine the number of Field Training Officers assigned based
upon the needs of the department.
3. The unit employee’s department shall submit a Personnel Action Form
to start the Acting Pay effective the beginning of the first full pay period
in which the employee is acting. The department shall submit another
Personnel Action Form to stop the Acting Pay at the end of the pay
period in which the acting assignment ceases.
4. Unit employees assigned as Field Training Officers to train Reserve
Police Officers or a probationary Police Officer not routinely assigned
to them, shall receive one hour of overtime pay for each work shift that
they train Reserve Police Officers or probationary Police Officers not
regularly assigned to them. In the event an officer performs as an FTO
six (6) or more consecutive shifts, he/she shall be automatically
assigned as an FTO for a minimum of six months.
5. Pursuant to CCR Section 571, Field Training Officer Pay shall be
reported to CalPERS as special compensation under the category
of Special Assignment Pay – Training Premium.
IX. RANGEMASTER PAY
A. PURPOSE
The purpose of the Rangemaster Pay is to recognize and compensate unit
employees who are assigned to supervise target range facilities and all
related activities as part of their assigned duties.
POA MOU 2014-2019 Page 14
B. COMPENSATION
1. Unit employees assigned as Rangemasters shall receive extra
compensation of seven percent (7%) above their base rate of pay.
2. Unit employees who perform Rangemaster duties, but are not regularly
assigned as a Rangmaster, shall receive one (1) hour of overtime pay
for each shift worked.
3. Pursuant to CCR Section 571, Field Training Officer Pay shall be
reported to CalPERS as special compensation under the category of
Special Assignment Pay – Rangemaster Premium.
X. CHANGE OF ASSIGNMENT
A. REGULAR ASSIGNMENTS
1. Regular assignments of unit employees to specialized functions or
operations (investigations, juvenile, motors, canine, SES, etc) and
scheduled watch rotations, whether or not Special Assignment Pay
is involved, may be made with specific duration as provided by
Police Department policy.
2. Changes to regular assignments or scheduled watch rotations shall
not be made without fourteen (14) calendar days notice.
3. The Chief of Police retains the exclusive right to make
reassignments, transfers or modifications to such assignments as
he/she deems necessary to respond to operational necessities,
emergencies or for the welfare of an employee.
4. The intent of this provision is not to affect assignments to task
forces, hire-back, order-back, or mobilization to various degrees.
This does not preclude Police Management from changing the
hours of assignment to address operational needs.
5a. All regular assignments are of temporary duration, not a separate
job classification, does not have civil service status, and is not
subject to civil service selection procedures, appeals, or seniority; it
is not a property right and may be revoked by police management
at any time for job related reasons or operational necessity.
b. If a unit employee is transferred prior to the end of their regular
rotation, the unit employee may appeal this action to the Police
Chief whose decision shall be final.
POA MOU 2014-2019 Page 15
XI. POST CERTIFICATE PAY
A. Unit employees hired by the City after the adoption of this MOU shall
receive the following POST Certificate Pay.
1. Intermediate POST Certificate
Police Officers and Police Sergeants possessing an Intermediate
POST Certificate shall be paid nine and one-half percent (9.5%)
over the base hourly rate for their classification.
2. Advanced POST Certificate
Police Officers and Police Sergeants possessing an Intermediate
POST Certificate shall be paid twelve and one-half percent (12.5%)
over the base hourly rate for their classification.
3. Supervisory POST Certificate
Police Sergeants possessing a Supervisory POST Certificate shall
be paid fifteen and one-half percent (15.5%) over the base hourly
rate for their classification.
B. As of July 1, 2014, Unit employees employed by the City prior to the
adoption of this MOU shall receive the following POST Certificate Pay.
These amounts are subject to further reduction in accordance with
subsection “D” below,
1. Basic POST Certificate
Police officers possessing an intermediate POST Certificate shall
be paid nine percent (9%) over the base hourly rate for their
classification.
2. Intermediate POST Certificate
Police Officers and Police Sergeants possessing an Intermediate
POST Certificate shall be paid sixteen and one-half percent
(16.5%) over the base hourly rate for their classification.
POA MOU 2014-2019 Page 16
3. Advanced POST Certificate
Police Officers and Police Sergeants possessing an Advanced
POST Certificate shall be paid nineteen and one-half percent
(19.5%) over the base hourly rate for their classification.
4. Supervisory POST Certificate
Police Sergeants possessing a Supervisory POST Certificate shall
be paid twenty-two and one-half percent (22.5%) over the base
hourly rate for their classification.
C. EFFECTIVE DATE
Employees will receive the above pay rate(s) effective the first pay period
following the date awarded as stated on the POST Certificate.
D. POST CERTIFICATE REDUCTION
The 9% increase provided to employees hired prior to the adoption of this
MOU is achieved through shifting the first 2% of the 5% increase required
as a result of the City of Los Angeles 2011 - 2014 MOU with LAPD and is
due under the Salary Initiative Ordinance (the remaining 3% will be
provided in salary increases), providing 3% credit in lieu of participating in
Government Code section 20636 (c) (4), and the final 4% is an advance of
future increases granted by the County of Los Angeles and/or the City of
Los Angeles (beyond the 10% granted in the 2011 - 2014 LAPD contract).
The POST certificate pay provided to employees hired prior to this MOU
shall be reduced commensurate with salary increases provided pursuant
to the Salary Initiative Ordinance as a result of future increases provided
by the aforementioned County or City of Los Angeles salary increases up
to 4% (excluding the 10% granted in the 2011-2014 LAPD contract).
Therefore, at the conclusion of the 4% reduction, the Intermediate POST
certificate shall be reduced to 14.5%, the Advanced POST certificate shall
be reduced to 17.5% and the Supervisory POST certificate shall be
reduced to 20.5%.
The parties mutually agree that shifting the above described 2% salary
increases into POST shall place the unit employees Base Monthly Salary
at the average of comparable classifications of the City of Los Angeles
and County of Los Angeles.
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E. LIMITATIONS
1. This extra compensation shall be awarded only for the highest
achieved POST Certificate as specified in the above section.
2. The minimum specified standards shall be at least those prescribed
by POST as of the effective date of this agreement.
XII. LONGEVITY PAY
A. PURPOSE
In recognition of continuous full-time employment as a sworn officer,
excluding unpaid breaks in service, the City shall provide Longevity Pay in
certain on-going compensation amounts and service time as follows:
B. COMPENSATION
Years of
Continuous
Service
Annual Amount
Bi-weekly Amount
10 $5,000 per year $192.31 per pay period
15 $8,000 per year $307.70 per pay period
20 $11,000 per year $423.08 per pay period
Pursuant to the California Code of Regulations (CCR) Section 571,
Longevity Pay shall be reported to CalPERS as special compensation.
C. LIMITATIONS
Longevity Pay is not cumulative and shall only be awarded for the highest
level of continuous service achieved as specified in the above section.
XIII. BILINGUAL PAY
A. PURPOSE
1. The purpose of bilingual pay is to compensate unit employees who
provide linguistic assistance for non-English speaking person(s)
who represent a large segment of the community. The current
languages are Arabic, Farsi and Spanish.
2. This service is provided through unit employees who have been
certified as proficient in a designated foreign language which is
regularly utilized in providing services to the community. The level
of proficiency shall be “conversational” in the applicable language.
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B. QUALIFICATION
1. The Human Resources Department will conduct proficiency tests,
as needed, in designated language(s) as described in “A” above.
2. The Human Resources Department will then certify an eligible list
of qualified translators so certified to speak in a designated foreign
language.
C. COMPENSATION
Employees certified to the eligible list of qualified translators for speaking
in a designated foreign language shall receive special compensation of
five percent (5%) above their base hourly rate.
Pursuant to the California Code of Regulations (CCR) Section 571,
Bilingual Pay shall be reported to CalPERS as special compensation
under the category of Special Assignment Pay – Bilingual Premium.
D. LIMITATIONS
1. A qualified unit employee off on an official City holiday or sick leave
shall be paid at their regular hourly rate plus bilingual assignment
pay for such time taken.
2. Vacation, floating holidays or comp time leave taken while on
translator assignment pay service shall not be paid bilingual
assignment pay
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ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. SCHEDULES/BRIEFING TIME
A. WORK SCHEDULES
1. The City shall establish work schedules for employees. The work
schedule shall specify the days of the week and the daily starting
and quitting times.
2. Work schedules shall be posted by the City in such a manner so all
employees may be aware of the work schedule.
B. HOURS OF WORK
1. Effective April 14, 1986, the City establishes a twenty-eight (28) day
work period for the purposes of calculating FLSA overtime pursuant
to the Section 7 (k) exemptions of the Fair Labor Standards Act as
amended November 1985.
2. Employees shall be compensated in such manner as required by
the FLSA for hours worked which exceed one hundred and seventy
one hours (171) of work in the twenty-eight (28) day cycle.
3. The Chief of Police, or his/her designee, shall assign all sworn
personnel a work schedule consisting of four ten-hour days (4/10)
or three twelve and one-half hour days (3/12.5) in a seven-day
period, inclusive of mandatory briefing and/or dressing period and
thirty-minute meal period.
4a. The City and POA have agreed to implement a 3/12.5 work
schedule for unit employees assigned to the Patrol division, except
those working Motor assignments. It is the intent that the 3/12.5
work schedule will provide benefits to the City and the Police
Department without risking the safety of employees and/or
increasing costs.
POA MOU 2014-2019 Page 20
II. OPTIONAL WORK ASSIGNMENTS
A. SCHEDULING OPTIONAL WORK ASSIGNMENTS
1. Police Management may schedule optional work assignments for
employees to work during regular off-duty hours.
2. Such optional assignments shall be on a voluntary basis and
scheduled in advance.
B. COMPENSATION OPTIONS
1. Upon advance notification to the unit employee, Police
Management may specify the accrual of compensatory time or
overtime, paid at one and one-half (1 ½) times the base hourly rate
of pay, for these optional work assignments.
2. No minimum hour guarantee will be paid for optional work.
3. Optional work is assigned by Police Management.
III. SHIFT TRADE AGREEMENT
A. TRADE SHIFTS
Eligible employees may trade shifts subject to the approval of the Chief of
Police and subject to the City not incurring any additional costs as a result
of the shift trade.
B. TRANSFER VESTED HOURS
Employees shall be allowed to transfer vested hours upon mutual
agreement of both employees.
IV. TIME RECORDS
The City shall provide for the maintenance of records of time worked
including overtime, time docked, and time on leave of absence.
V. OVERTIME
A. DEFINITION AND ELIGIBILITY
Whenever a unit employee is required to work beyond the established
work schedule, the City shall pay overtime for the overtime worked at time
POA MOU 2014-2019 Page 21
and one-half. All overtime must receive prior approval of an authorized
supervisor before such time can be credited.
B. EXTENSION OF DUTY
When a unit employee is required to continue working overtime beyond
the regular duty day, overtime shall be credited at one and one-half times
the straight hourly rate to the nearest one-half (1/2 )hour after the first
fifteen (15) minutes of overtime worked.
C. ON-CALL DETECTIVES ASSIGNMENT – (NON PERSABLE):
1. Unit employees assigned to the Investigations or Traffic Bureau
who are required to be on-call shall be compensated with a bonus
equivalent to eight (8) hours pay for each 7-day work week
assigned.
2. This is not pay for time worked, but pay for time waiting to be
called, and shall not count as hours worked for overtime.
3. Any actual time worked responding to a call will be paid as overtime
in addition to the 8-hour on-call pay.
4. On-call detectives shall not be eligible for the 4-hour minimum
emergency recall pay during such assignments.
D. EMERGENCY RECALL
1. When a unit employee, other than an on-call detective or traffic
investigator, is called back to duty during their off-duty time for
emergency purposes, overtime shall be credited at one and one-
half times (1½) the unit employee’s straight hourly rate for such
emergency recall, commencing at the time of reporting for
emergency duty, with a guarantee of a minimum of four (4) hours of
overtime credit.
2. Limitations: If the emergency recall occurs within two (2) hours of
the start of the employee’s regular assigned shift, the unit employee
shall be compensated in the manner as set forth in Extension of
Duty, Section B above.
E. COURT DUTY
1. On Duty: When a unit employee is required to appear in court
during scheduled work hours, and the combination of court duty
and scheduled on-duty work is in excess of the regular scheduled
POA MOU 2014-2019 Page 22
working day, such employee will be credited overtime for hours in
excess of the regular scheduled working day in the manner
provided for Extension of Duty.
2. Off Duty Time:
a. When a unit employee is required to appear in court on
behalf of the City during a time which is scheduled off-duty,
the unit employee shall be credited overtime for all hours in
court at one and one-half (1½) times the unit employee’s
straight hourly rate.
b. A unit employee who is off duty shall receive a minimum of
four (4) hours at time-and-one-half (1½) credited for any one
(1) such court day.
c. This minimum guarantee is intended to compensate the
employee inclusively for:
? Disruption of off-duty time,
? Travel time, and
? Preparation for the court appearance as well as actual
court time.
d. The unit employee shall receive the greater of:
? Overtime pay for all actual hours worked (if the court
appearance exceeds four (4)hours); or
? The four (4) hour minimum.
F. COURT “ON-CALL” SUBPOENA
1. When a unit employee receives an "on-call" subpoena, the
employee may elect to:
? Report for duty at the Culver City Police station for watch
assignment; or
? Remain at home and be available for call by the court.
2. If a unit employee is on an “on-call” subpoena, and chooses to
report for duty, all hours worked shall be paid at one and one-half
(1½) times the straight-time hourly rate with a minimum of four (4)
hours at time-and-one-half (1 ½ ) credited for any one such court
"on call" day.
3. Police Management, or issuing authority (court, district attorney,
DMV, etc.), shall determine when the employee may be released
POA MOU 2014-2019 Page 23
from their “court on-call” without further limitation or
compensation.
4. If the unit employee elects to remain at home on "court on-call," the
unit employee shall notify the Watch Commander or designee, and
the court, and shall be paid an “court on-call” bonus equivalent to
two (2) hours at the unit employee’s straight-time hourly rate for
each three (3) hour period (9:00 a.m. to Noon, or 1:00 p.m. to 4:00
p.m.).
5. Such compensation shall not be considered pay for hours worked.
The employee must notify the Watch Commander or designee,
when he/she is held over from a morning "court on-call" to and
including an afternoon "court on-call."
6. The maximum compensation for any one (1) "court on-call at home"
day shall be equivalent to four (4) hours at the unit employee’s
straight-time hourly rate.
7. Limitations: A court order resulting in "court on-call" status is
subject to verification by the City. It shall be the employee's
responsibility to respond to and maintain contact with the court
while at home "court on-call." Failure to be available or to report
when called will cause forfeiture of any "on call" bonus.
8. If such voluntary "on call at home" elections are determined by the
Department of Labor or court of competent jurisdiction to be "hours
worked" within the definitions of the Fair Labor Standards Act
(FLSA) and, therefore, subject to overtime compensation, the
voluntary election provision shall become null and void and
employees shall report to work at the station when subject to an
"court on call" subpoena.
VI. TIME INCREMENTS – OVERTIME
All authorized time worked which is in excess of the unit employee’s regular
assigned shift shall be compensated as set forth below:
Time Increments Overtime Credit
0-15 minutes No overtime credit
16-45 minutes One-half (1/2) hour overtime credit
46-75 minutes One (1) hour overtime credit
POA MOU 2014-2019 Page 24
VII. COMPENSATORY TIME
A. MAXIMUM ACCUMULATION
Unit employees may accumulate compensatory time to a maximum of two
hundred forty (240) hours after conversion which shall be paid at the unit
employee’s base hourly rate.
B. EXCESS COMPENSATORY TIME
Unit employees that have reached two hundred forty (240) hours of
accumulated compensatory time shall be paid on a bi-weekly basis for all
excess accumulated hours, known as “comp time payoff”. Special
assignment pays shall not be included in the comp time payoff
calculations.
C. SEPARATION FROM SERVICE
In the event of separation from service, the employee shall be entitled to
cash payment of one-hundred percent (100%) accumulated compensatory
time paid at the unit employee’s hourly rate.
POA MOU 2014-2019 Page 25
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. PERS RETIREMENT BENEFITS
As of the effective date of this M.O.U. the City agrees to provide retirement
benefits under the California Public Employees' Retirement System as follows.
The definition of “new” member and “classic” member are set forth in Appendix B
of this MOU.
G GO OV VE ER RN NM ME EN NT T
C CO OD DE E S SE EC CT TI IO ON N
B BE EN NE EF FI IT T
7522.20 (a)
“New” Members, as defined by the Public
Employees’ Pension Reform Act (PEPRA), hired
on or after January 1, 2013
A base retirement plan of 2.7% at age 57 for all unit
employees defined as “new” members by AB 340
and hired on or after January 1, 2013.
20037
For unit employees
hired on or after July 1, 2011:
Three-year Final Compensation: Final
compensation is the average full-time monthly pay
rate for the highest thirty-six (36) consecutive
months.
20042
For unit employees
hired prior to July 1, 2011:
One-Year Final Compensation: Final compensation
is the average full-time monthly pay rate for the
highest twelve (12) consecutive months.
20055
Prior Service Credit: Unit employees may be
eligible to purchase prior service credit.
20996
Military Service Credit: Unit employees may elect to
purchase up to four (4) years of service credit.
POA MOU 2014-2019 Page 26
G GO OV VE ER RN NM ME EN NT T
C CO OD DE E S SE EC CT TI IO ON N
B BE EN NE EF FI IT T
21329
Two percent (2%) COLA: Beginning the 2
nd
calendar year after the year of retirement,
retirement and survivor allowances will be adjusted
annually on a compound basis of two percent (2%);
the adjustment may not be greater than the change
in the CPI.
21363.1
3% at Age 55: Base retirement plan of three
percent (3%) at age 55 for all “Classic” unit
employees hired on or after July 1, 2011.
21362.2
3% at Age 50: Base retirement plan of three
percent (3%) at age 50 for all unit employees hired
prior to July 1, 2011.
21548
Pre-retirement Option 2: Upon the death of a
member who was eligible to retire, the spouse may
receive an allowance equal to the amount the
member would have received if the member had
retired for service retirement on the date of death
and elected Option 2W.
21574
Fourth Level of 1959 Survivor Benefits
21624 – 21626
Post-Retirement Survivor Allowance
II. CALPERS EMPLOYEE CONTRIBUTION FOR “CLASSIC” MEMBERS
A. PERS EMPLOYEE RETIREMENT CONTRIBUTIONS
The PERS employee contribution rate of nine percent (9%) for the 3% @
50 and 3% @ 55 retirement plans is established by State legislation. Unit
employees shall be responsible for payment of the nine percent (9%)
PERS employee contribution rate. S Sa ai id d m me em mb be er r c co on nt tr ri ib bu ut ti io on ns s p pa ai id d b by y t th he e
e em mp pl lo oy ye ee e s sh ha al ll l b be e p pr re e- -t ta ax x i in n a ac cc co or rd da an nc ce e w wi it th h I IR RS S C Co od de e S Se ec ct ti io on n 4 41 14 4( (h h) ) ( (2 2) ). .
POA MOU 2014-2019 Page 27
B. CALPERS EMPLOYEE CONTRIBUTION FOR “NEW MEMBER”
EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 AND DEFINED
AS SUCH IN ACCORDANCE WITH AB 340
1. Unit employees defined as new members by PEPRA are covered
under the 2.7% at age 57 retirement formula. New members shall
be responsible for paying the employee contribution rate of one-half
of the total normal cost of the plan as determined by CalPERS.
2. Unit employees shall be responsible for the full CalPERS employee
contribution payment which is currently 12.25%.
3. The City has adopted the CalPERS resolution in accordance with
Internal Revenue Code section 414(h)(2) to ensure that the
employee contribution is made on a pre-tax basis.
III. CalPERS COST SHARING
The employer contribution rate is established and adjusted annually by the
CalPERS Board. In FY 14-15, the Culver City employer safety contribution rate is
39.23%. In the event that the employer contribution rate exceeds 50%, the City
and POA have agreed that unit employees shall pay 50% of the increase up to a
maximum of 5%.
This Cost Sharing arrangement shall be made in accordance with California
Government Code Section 20156 (f). Contributions made by unit employees shall
be on a pre-tax basis. It is expressly understood and agreed that the City has no
authority or jurisdiction by which to bind CalPERS, the Internal Revenue Service
(IRS), the Franchise Tax Board or any other agency (collective “Entities) to a
determination that such contributions are indeed pre-tax. Thus the parties
acknowledge and agree that the City shall have no liability to any individual unit
employee or the collective bargaining unit should any of the aforementioned
Entities reject treatment of said contributions as pre-tax.
IV. MEDICAL INSURANCE
A. MEDICAL INSURANCE – PERS MEDICAL PLANS
The City contracts with the California Public Employees’ Retirement
System (PERS) for medical insurance coverage. Eligible new hires are
covered under the program on the first day of the month following
enrollment. The City will contribute the Public Employees’ Medical and
Hospital Care Act (PEMHCA) statutory minimum on behalf of each
participant in the program. A participant is defined as 1) an enrolled
employee and eligible dependents 2) an enrolled retiree and eligible
dependents and 3) a surviving annuitant. The PEMHCA statutory
POA MOU 2014-2019 Page 28
minimum for 2014 is $119 per month and $122 per month for calendar
year 2015. Inclusive of the statutory minimum, flexible benefits shall be
provided as follows.
The City and POA must mutually agree in writing to change from PERS
Health Care to another health care plan.
B. CAFETERIA PLAN
The City shall implement a full flex cafeteria plan in accordance with IRS
Code Section 125 for all active employees. Unit employees participating in
the City’s full flex cafeteria plan shall receive a monthly flex dollar
allowance to purchase benefits offered under the full flex cafeteria plan.
The following health care benefits shall be offered through the cafeteria
plan: medical, dental, vision and life. The monthly dollar allowance, which
is inclusive of the statutory PEMHCA minimum, shall be:
Employee only: $ 664.00
Employee + 1: $ 1,143.00
Family: $ 1,422.00
The monthly flex dollar allowance may be used in accordance with the
terms of the cafeteria plan to purchase benefits offered under the cafeteria
plan and other supplementary products. After the mandatory insurance
has been purchased, the employee has the option to waive the other
benefits and have the excess flex dollars converted to taxable income or
purchase other supplementary products.
In the event that premiums and/or costs for the selected benefits exceed
the monthly flex dollar allowance, the balance will be paid by the
employee through automatic pre-tax payroll deduction, as permitted under
IRS Code Section 125.
The City will contribute up to an additional 4% towards the increased cost
of medical premiums in a calendar year. The average increase in PERS
monthly health care premiums for active employees shall be calculated by
subtracting the average cost of Los Angeles area Basic premiums for all
available City-offered CalPERS health-care plans for the current year from
the average cost of Los Angeles area Basic premiums for all available
City-offered CalPERS health-care plans for the upcoming year. If this
percentage is less than 4%, then the City allowances shall be increased
only by that percentage. If this percentage equals or exceeds 4%, the City
allowances shall be increased by 4%. If there is a year where the average
premium increase is 0%, or there is an overall decrease, the City
contribution shall not be adjusted. In addition, the City shall continue to
POA MOU 2014-2019 Page 29
provide flex dollars to cover 100% of HMO dental, vision and life insurance
premiums.
C. MEDICAL INSURANCE PREMIUMS – OPT-OUT/CASH OUT OPTION
(NON-PERSABLE)
Unit employees may elect to discontinue participation in the PERS Health
Plan medical insurance coverage (“Opt Out”). The intent of this provision
is to share premium savings that the City will incur as a result of a unit
employee canceling City coverage.
D. PROOF OF COVERAGE / WAIVE CITY LIABILITY
Unit employees electing to waive City medical insurance coverage for
themselves and all eligible family members must provide proof of
coverage through another (non-City) benefit plan (e.g., spouse's coverage
through another employer), and must waive any liability to the City for their
decision to cease coverage under the City’s medical insurance plan.
E. OPT-OUT
Upon proof of other coverage, unit employees may elect to waive the
City’s medical insurance and use the above allotted single-party flex
dollars toward other items in the full flex cafeteria plan or convert it to
taxable income.
F. EMPLOYEE SPOUSES / DEPENDENTS NOT ELIGIBLE FOR OPT
OUT
For medical insurance plans, when a unit employee is the spouse of
another benefited City employee, the affected employees shall have the
option of:
? Each employee have a flex dollar amount of a single
employee; or
? One (1) employee may select a plan and list the spouse as a
dependent under the two-party or family coverage, as
applicable and the remaining employee may opt-out as
outlined above.
G. RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
1. After electing this provision, a unit employee who later requests to
re-enroll under the City plan can only do so during the open
POA MOU 2014-2019 Page 30
enrollment period or after a qualifying event as permitted by the
insurance carrier and Cafeteria Plan regulations. Employees shall
be re-enrolled per the Cafeteria Plan as provided in Article Four
Section V.B.
2. A qualifying event shall be defined as set forth in the PERS medical
Plan and the City’s Cafeteria Plan document, a copy of which is
available to unit employees in the Human Resources Department.
H. RETIREE MEDICAL INSURANCE
1. The City’s monthly contribution for medical insurance provided
through the PERS Health plan, for employees that retire on or
before December 31, 2011, shall be as follows:
All plans except
PERSCare:
City shall pay ninety-
five percent (95%) of
the monthly medical
plan premium; and
Employees and
retirees shall pay five
percent (5%) of the
monthly medical plan
premium.
PERSCare Plan:
City shall pay
seventy percent
(70%) of the
monthly
PERSCare
premium; and
Employee and
retirees shall pay
thirty percent
(30%) of the
monthly
PERSCare
premium.
2. The City’s monthly contribution for retiree medical insurance provided
through the PERS Health plan for employees hired prior to July 1, 2011,
shall be as follows:
Upon retirement with a minimum of 5 years City service, employees
who were hired prior to July 1, 2011 shall be eligible to receive up to
$520.68/mo based on plan enrollment for retiree only; and pre-65
spousal/dependent coverage shall be provided up to an additional
$454.48/mo subject to vesting. Vesting for pre-65 spousal/dependent
coverage is contingent upon the employees’ years of City service.
Employees who retire with 6 years of City service shall be eligible to
receive 20% of the maximum pre-65 spousal/dependent allowance,
and another 20% for each additional year of City service up to 100%
of the maximum dependent allowance after 10 years of City service
(i.e. 6 years = 20%, 7 years = 40%, 8 years = 60%, 9 years = 80%, 10
years = 100%).
POA MOU 2014-2019 Page 31
The City’s contribution towards retiree medical insurance shall not
increase by more than 4% annually based on the CalPERS rates in
effect as of January 1, 2012. If the average premium increase of
CalPERS Los Angeles area Basic (non-Medicare) medical insurance
plans exceeds 4%, any additional amount shall be borne by the
annuitant. The average increase in PERS monthly health care
premiums shall be calculated by subtracting the average cost of Los
Angeles area Basic (non-Medicare) premiums for all available City-
offered CalPERS health-care plans for the current year from the
average cost of Los Angeles area Basic (non-Medicare) premiums for
all available City-offered CalPERS health-care plans for the upcoming
year. If this percentage is less than 4%, then the City allowances
shall be increased only by that percentage. If this percentage equals
or exceeds 4%, the City allowances shall be increased by 4%. If
there is a year where the average premium increase is 0%, or there is
an overall decrease, the City contribution shall not be adjusted.
Employees shall only be eligible to receive the City contribution
towards retiree medical insurance based on his or her family status at
the time of retirement. This amount shall only be increased by up to
4% of the average cost of CalPERS Los Angeles area Basic (non-
Medicare) premiums as described above.
3. The City’s monthly contribution for medical insurance provided
through the PERS Health plan, for employees hired on or after
July 1, 2011 shall be as follows:
Upon retirement, employees shall be eligible to receive a City
contribution for retiree medical in accordance with Government Code
22892. The City shall contribute an amount not to exceed the
California Public Employees’ Medical and Hospital Care Act
(PEMHCA) contribution, as determined by CalPERS on an annual
basis. The statutory minimum amount for 2014 is $119/mo and $122
per month for calendar year 2015.
The City shall make available a retiree health care trust (RHS) for unit
employees hired after July 1, 2011 to enable employees to prefund
retiree health care expenses while employed by the City. Mandatory
participation is required. The City shall pay $25 per pay period of the
employee contribution to the RHS. The individual accounts can be
utilized after separation of service for reimbursement of all qualified
medical expenses, including insurance premiums, in accordance with
IRS Section 213. Employees who separate from City service for any
reason shall be eligible to receive the full amounts in the RHS at the
time of separation. The Retiree Health Savings Trust shall reimburse
POA MOU 2014-2019 Page 32
expenses in accordance with the Internal Revenue Code. POA
understands that changes to contributions and/or disbursements from
the RHS can change at any time pursuant to federal laws and
regulations.
4. Longevity Retiree Medical Stipend
Unit employees hired prior to July 1, 2011 that retire with twenty (20)
or more years of City service that also carry more than one (1)
dependent, shall be eligible to receive a $300 monthly stipend
towards their retiree medical premium until the dependent is no longer
eligible to be carried.
I. JOINT LABOR / MANAGEMENT HEALTH BENEFITS STUDY
COMMITTEE
1. PURPOSE OF COMMITTEE AND STUDY
The City and the Association agree to continue utilizing the Joint
Labor/Management Health Benefit Committee for ongoing review of
benefit programs, cost containment and cost savings options. It is
understood that this Committee does not have the authority to alter
terms of this MOU or meet and confer with the City on behalf of the
Association.
2. MUTUAL AGREEMENT IN WRITING
The City and the Association must mutually agree in writing to
make any amendments to the existing health care programs.
V. DENTAL INSURANCE
1. The City shall continue contracting for the current or comparable program.
All unit employees shall be eligible to enroll qualified dependents and will
pay the premium costs for such enrollment through the full flex cafeteria
plan.
2. For dental insurance plans, when a unit employee is the spouse of
another benefited City employee, the affected employees shall have the
option of:
? individual coverage; or
? one (1) employee may select a plan and list the spouse as a
dependent.
POA MOU 2014-2019 Page 33
VI. VISION CARE INSURANCE
1. The City shall continue contracting for the current or comparable program.
All unit employees shall be eligible to enroll qualified dependents and will
pay the premium costs for such enrollment through the full flex cafeteria
plan.
2. For vision insurance plans, when a unit employee is the spouse of another
benefited City employee, the affected employees shall have the option of:
? individual coverage; or
? one (1) employee may select a plan and list the spouse as a
dependent.
VII. LIFE INSURANCE
The City shall continue contracting for the current or comparable program for
Term Life Insurance Group coverage of $50,000.
VIII. IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT
The City provides a flexible spending account for medical expenses and
dependent care, pursuant to Section 125 of the Internal Revenue Service Code
(Section 125), as amended. Under Section 125, the maximum annual amount an
employee may contribute on a pre-tax basis for future dependent care expenses
reimbursement is two thousand five hundred dollars ($2,500). Pursuant to
Section 125, employees may contribute pre-tax earnings into these accounts.
The medical expense contribution may be used for reimbursement of medical
expenses such as deductibles, co-pays and expenses in excess of what
insurance covers. Dependent care expenses may not be reimbursed until after
they are actually incurred - i.e., after the care has been provided, and not when
the participant is formally billed. Reimbursable dependent care expenses are
non-health care expenses that include insuring a qualified dependent’s well-
being and protection. Qualified dependents are children under age 13, disabled
spouses and other dependents who are physically or mentally incapable of self-
care, and who regularly spend at least eight hours each day in the taxpayer's
household.
Pursuant to Section 125, eligible reimbursable expenses must be incurred within
the calendar year, January 1
st
through December 31
st
, and must be submitted for
reimbursement no later than March 31
st
of the following calendar year. Receipts
submitted after March 31
st
in the following calendar year shall be forfeited.
POA MOU 2014-2019 Page 34
There are other limitations and restrictions set forth by the Internal Revenue
Service.
IX. CITY RIGHTS – CONTENT AND CONTRACTORS
1. The City retains the exclusive right to determine the content and
contractor(s) for dental, vision and life insurance plans, and any other
employee benefits except as otherwise provided for in this MOU.
2. The City agrees to consult with representatives of POA over any City-
proposed change in the benefit levels of dental, life or vision care
insurance during the term of this agreement.
3. It is understood that no significant changes in benefit levels will occur
without the agreement of POA.
X. ON-DUTY DEATH/ FUNERAL BENEFIT
A. BENEFIT
1. In recognition of services rendered, should any unit employee die in
the line of duty, the City will provide the beneficiary or estate of the
unit employee a funeral benefit payment of $15,000.
2. This benefit shall be payable over and above any benefits payable
through PERS or Labor Code provisions.
B. DEFINITION
"In the Line of Duty" shall include optional work assignments as described
in this MOU.
C. PAYMENT
Payment to the unit employee’s beneficiary or estate shall be made as
soon as possible, but in no event later than fifteen (15) working days
following the death.
XI. UNIFORM ALLOWANCE
A. INITIAL UNIFORM ALLOWANCE – PERMANENT APPOINTMENT
Unit employees required to wear uniforms during the performance of their
duties will be reimbursed, upon receiving permanent appointment, an
POA MOU 2014-2019 Page 35
amount not to exceed two hundred and sixty dollars ($260) for the total
cost of the initial supply of uniform articles the employees are required to
purchase.
B. ANNUAL UNIFORM ALLOWANCE – UNIFORM AND EQUIPMENT
REPLACEMENT/MAINTENANCE
The City will provide all unit employees an annual lump-sum payment of
one thousand six hundred dollars ($1,600) in the first paycheck in January
each year for uniform and equipment replacement/maintenance for the
upcoming calendar year.
Pursuant to CCR Section 571, this amount shall be reported to CalPERS
as special compensation under the category of Statutory Items – Uniform
Allowance.
C. LIMITATIONS
1. Uniform items purchased by the City remain the property of the
City.
2. The parties agree and understand that employees may use these
annual lump-sum payments to pay vendors for maintenance tasks if
they so choose (e.g., dry cleaners, shoe shine, etc.)
XII. SAFETY EQUIPMENT
A. SUPPLY AND REPLACEMENT
1. The City will supply and replace for use by the unit employee the
following items of safety equipment:
? Ammunition
? Baton
? Flashlight
? Handcuffs
? Handgun
? One off-duty holster
? Protective vest
? Raincoat
? Safety helmet
? Sam Brown Leather:
o Baton ring holder
o Cartridge and handcuff cases
o Duty belt
o Four belt keepers
o Key holder
o Holster
o Trouser belt
2. Unit employees shall provide flashlight batteries and bulbs.
POA MOU 2014-2019 Page 36
B. MOTOR DUTY ASSIGNMENT
The City will provide and replace for unit employees assigned to motor
duty, departmentally approved:
? Leather gloves
? Leather jacket
? Motorcycle boots
? Plastic safety helmet
? Riding breeches
? Suitable eye protective glasses
for day and night duty
C. LIMITATIONS
1. No equipment provided by the City pursuant to this section shall be
taken from the annual uniform allowance provided in this section;
and
2. All equipment provided by the City pursuant to this section shall
remain the property of the City; and
3. All equipment provided by the City pursuant to this section shall be
returned to the City whenever a unit employee terminates their
employment with the Police Department.
XIII. TUITION REIMBURSEMENT
The City agrees to reimburse unit employees up to two hundred fifty dollars
($250) per applicable accredited college unit, plus the actual costs of books,
registration fees and parking permit fees, pursuant to Administrative Policy II-
08, as amended.
XIV. PRACTICE AMMUNITION
A. CITY PROVIDED AMMUNITION
1. The City will continue to provide ammunition on a monthly basis for
qualification and proficiency purposes.
2. In addition, the City will provide fifty (50) rounds of lead free practice
ammunition for service weapons, of a type determined by the Police
Department, every other month upon the employee's request.
3. Unit employees must be actively at work during the month for which
the ammunition is requested.
POA MOU 2014-2019 Page 37
B. LIMITATIONS
1. Unit employees on long-term IOD or other leave of absence for one
(1) month or more will be ineligible for the practice ammunition
benefit.
2. The parties understand and agree that provision of practice
ammunition is not an authorization or agreement to provide for
compensable (on-duty) practice time.
VIII. PHYSICAL WELL-BEING
A. PURPOSE
The parties agree that the physical well-being of unit employees is a
mutual benefit to the City and the employee.
B. ALLOWANCE
1. The City agrees to provide an annual allowance of $450 to each
unit employee effective with the adoption of this MOU and on the
first full pay period after July 1
st
, annually thereafter.
2. The Physical Well-Being benefit is recommended to be used for
one (1) or more of the following purposes:
? Medical examination by the health provider of the employee's
choice.
? Membership in a health club or fitness center.
? Other formal wellness programs provided by professionals
(smoking cessation, weight control, nutrition, or similar
programs).
? Reimbursement for employee or eligible dependent medical
expenses (deductibles or co-payments) not covered by the
employee’s health, dental or vision insurance.
.
POA MOU 2014-2019 Page 38
ARTICLE FIVE
LEAVES OF ABSENCE
I. POLICY
It shall be the policy of the City to grant leaves of absence to permanent and
probationary employees for the purpose of rest and relaxation, and for
recuperation from illness, based on each employee’s total length of service with
the City. Employees are expected to take advantage of the vacation provisions
afforded them in order to maintain their mental and physical health.
II. ACCUMULATION, USE AND REQUESTS FOR LEAVE
A. ACCUMULATION OF LEAVE
1. The unit employee's anniversary date (date of original benefited
employment adjusted for breaks in service) shall determine the
category of leave accumulation.
2. Unit employees shall continue to accumulate sick, holiday in-lieu
and vacation leave when on authorized leave with pay of any kind.
B. USE OF LEAVE
1. Leave shall be taken in multiples of one (1) hour.
2. Unit employees can take up to the total amount of accumulated
leave credit.
3. Charges against sick leave or vacation leave accruals shall be
made for only those days on which regularly assigned work would
be performed.
C. ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave credit may
be approved for use by the City Manager.
D. REQUESTING LEAVE
1. Except as otherwise provided, no leave of absence with pay shall
be granted to any unit employee without the approval of the Police
Chief or designee.
POA MOU 2014-2019 Page 39
2. Whenever possible, unit employees shall file a request for a leave
of absence on a form provided by the appointing authority, and
shall receive written approval before taking such leave period.
3. When conditions prevent a prior request, the employee, upon return
from said leave, may be required to file a report explaining the
conditions which prevented a prior request.
E. FAILURE TO FILE A PRIOR REQUEST
Failure to file a prior leave request, in the absence of extenuating
conditions, shall be grounds for disciplinary action.
III. IN-LIEU OF HOLIDAYS
A. BI-WEEKLY ACCRUAL RATE
Unit employees shall be credited with leave in-lieu of holidays, to be
accrued each bi-weekly pay period on a pro-rata annual basis, as follows:
Bi-weekly
accrual rate
Annual
accrual rate
Maximum
accrual rate
4.31 hours
(112 hours / 26 pay periods)
112 hours
(26 pay periods X 4.31
hours)
112hours
B. ACCRUAL BALANCE NOT TO EXCEED MAXIMUM ANNUAL IN-LIEU
OF HOLIDAYS
1. A balance not to exceed the maximum annual accrual of one
hundred and twelve (112) hours of in-lieu holidays may be
maintained by the unit employee.
2. Accruals which would exceed this maximum balance will be paid to
the affected employee as accrued.
C. ONE-TIME ANNUAL ELECTION – 112 HOURS (NON-PERSABLE)
1. ELIGIBILITY
The City will permit unit employees a one-time annual election each
fiscal year to cash out up to one hundred and twelve (112) hours of
Holiday In-lieu time at each unit employee's base hourly rate (non-
PERSable).
POA MOU 2014-2019 Page 40
2. CASH-OUT OPTION
Eligible unit employees requesting to cash out Holiday In-Lieu time
must provide a written request to the Human Resources
Department a minimum of thirty (30) calendar days prior to the
requested pay date.
3. CONVERSION TO DEFERRED COMPENSATION
Eligible unit employees requesting to convert Holiday In-Lieu time
to their deferred compensation plan must do so during a quarterly
open enrollment period for Deferred Compensation.
4. LIMITATION
At no time shall a unit employee be permitted to receive, in any
fiscal year, an excess of one hundred and twelve (112) hours of
Holiday In-lieu time through bi-weekly payoff, leave time and/or
annual cash out option.
IV. PAYOFF UPON SEPARATION FROM EMPLOYMENT
Upon separation from employment, all unused accrued in-lieu holidays
time, up to the maximum, shall be paid to the unit employee.
V. VACATION LEAVE
A. ELIGIBILITY FOR VACATION LEAVE
1. All unit employees shall be eligible for vacation leave after serving
twelve (12) months of employment with the City.
2. At the completion of the twelve (12) month period, the unit
employee shall be credited with vacation leave earned during the
prior twelve (12) month period, including time spent on provisional
or temporary appointments.
B. ACCRUAL OF VACATION LEAVE
1. Vacation hours shall accrue each pay period at one twenty-sixth
(1/26) of the annual rate (i.e., annual accrual rate divided by 26).
POA MOU 2014-2019 Page 41
2. Exceptions to the maximum allowable accruals may be granted by
the City Manager or his/her designee, to meet exceptional
departmental staffing needs.
3. No vacation shall be authorized, for leave or payment, unless
accrued prior to the time for use or payment, except as authorized
by the City Manager.
C. TABLE OF VACATION LEAVE BENEFITS
1. The Table of Vacation Leave Benefits shown below sets forth the
number of working hours per year to which a unit employee is
entitled as a vacation leave benefit.
2. The benefit shown in each category shall commence upon entering
the first day of the new category as follows:
TABLE OF VACATION LEAVE BENEFITS
|1010|st
Year
|1010|nd
thru 4
th
Year
|1010|th
thru 14
th
Year
15
th
thru 20
th
Year
21
st
Year and thereafter
40 hours
80 hours
120 hours
160 hours
160 hours, plus 8 hours
per year of service over
twenty (20) years
D. ACCUMULATION OF VACATION LEAVE
1. Vacation time may be accumulated by unit employees to a
maximum of twice the annual accumulation of vacation hours for
which the unit employee is eligible.
2. Once a unit employee has accrued the maximum amount of
vacation leave, no further vacation leave shall be accrued until the
unit employee’s level of accrued vacation has been reduced to less
than the maximum. At that time, the unit employee shall again
begin accruing vacation but at no time may he/she accrue more
than the maximum allowed pursuant to this section.
E. LIMITATIONS
Vacation shall not be used in lieu of accumulated sick leave or when sick
leave request is disapproved.
POA MOU 2014-2019 Page 42
F. BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS – NON-
PERSABLE
Vacation time which accumulates in excess of the maximum allowed each
employee, shall be paid in cash (non-PERSable) on the next regular bi-
weekly paycheck, thereby bringing the employee's vacation balance to no
more than the maximum allowable (except as provided in this Article).
G. VACATION PAYOFF UPON TERMINATION – NON-PERSABLE
1. Any unit employee who terminates employment shall be paid (non-
PERSable) for such vacation time accrued but unused as of the
date of the termination.
2. It shall not be necessary to carry such employee on the payroll for
the vacation period.
VI. SICK LEAVE
A. ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until the unit employee has completed three
(3) full months of service, including time spent on provisional or temporary
appointment.
B. ACCRUAL OF SICK LEAVE
Sick leave credit accrues each bi-weekly pay period pro-rated on an
annual basis and shall be credited as follows:
Bi-weekly
accrual rate
Monthly
accrual rate
Annual
accrual rate
4 hours
(104 hrs / 26 pay periods)
8.67 hours 104 hours
C. PROCEDURE, USE AND VERIFICATION OF SICK LEAVE
1. Sick leave may be taken in increments of one (1) hour or more.
2. Sick leave may be allowed for:
? Personal illness or injury of the employee;
? Serious illness of the employee's spouse, registered domestic
partner, or child;
? Medical or dental appointments;
? Cases of quarantine; or
POA MOU 2014-2019 Page 43
? Where exposure to contagious diseases would endanger the
health of other employees.
3. The responsibility for proving the validity of a request for sick leave
shall be upon the unit employee.
4. The unit employee shall notify his immediate supervisor within one
(1) day of the beginning of sick leave, or pursuant to the rules of the
Police Department.
5. At the end of the second day of sick leave, Police Management or a
supervisor may request verification to be made by a qualified
person.
6. For absences of over two (2) days, a medical certificate from a
qualified physician, chiropractor or practitioner may be required.
7. Upon return to duty, the unit employee shall present evidence of
the necessity of sick leave, if so requested by the Police
Management or a supervisor.
D. BI-WEEKLY PAYOFF PLAN: UNUSED SICK LEAVE ACCRUAL (NON-
PERSABLE)
1. When an employee shall have accumulated three hundred and
eighty-four hours (384) hours of unused sick leave credit, the
employee will, thereafter, be eligible for payment in each pay period
of a portion of the unused sick leave accrued during the preceding
pay period, subject to the following conditions:
TIER 1:
SICK LEAVE PAYOFF AT THREE HUNDRED AND EIGHTY FOUR (384) HOURS
Bi-weekly
Accrual
Rate
Tier 1
Maximum
Accumulation
Amount of Bi-weekly
Sick Leave Payoff
@ 50%
(Non-PERSable)
Amount of Bi-weekly
Sick Leave Accrued
@ 50%
4 hours
384 hours
2 hrs X hourly rate
(1/2 [50%] of bi-weekly
accrual rate of 4 4 hours)
2 hours
? The unit employee must maintain at least three hundred and eighty four
(384) hours of sick leave accruals.
? If the sick leave accrual balance falls below three hundred and eighty four
(384) hours at any time, the unit employee will become ineligible for any
unused sick leave payment until such time as her/her sick leave accruals
again exceed three hundred and eighty four (384) hours.
POA MOU 2014-2019 Page 44
2. An eligible unit employee may elect on or before December 1 of
each year not to participate in the bi-weekly payoff plan and will
then accrue unused sick leave for the ensuing calendar year
(January through December). However, eligible employees may
only accrue to a maximum of seven hundred and twenty (720)
hours.
3 a. Unit employees with at least three hundred and eighty four (384)
hours but less than seven hundred and twenty (720) hours of
accrued sick leave may be paid for one-half (50%) of sick leave
accrued and unused in each pay period as set forth in the Tier 1
table above.
b. The remaining unused sick leave in each pay period shall be added
to the unit employee’s accruals up to the seven hundred and twenty
(720) hour maximum.
c. Unit employees at the maximum accrual of seven hundred and
twenty (720) hours, or who reach maximum accrual thereafter, will
be paid for three-fourths (75%) of accrued unused sick leave in
each pay period and shall forfeit the remaining accruals as set forth
in the following Tier 2 table:
TIER 2:
SICK LEAVE PAYOFF AT SEVEN HUNDRED AND TWENTY (720) HOURS
Bi-weekly
Accrual
Rate
Tier 2
Maximum
Accumulation
Amount of Bi-weekly
Sick Leave Payoff @
75%
(Non-PERSable)
Amount of Bi-weekly Sick
Leave Forfeited
@ 25%
4 hours
720 hours
3 hrs X hourly rate
(3/4 [75%] of bi-weekly
accrual rate of 4 hours)
1 hours
E. SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
FAVORABLE RESIGNATION – (NON PERSABLE)
Unit employees who retire or terminate are eligible to convert unused
accumulated sick leave accrual to their vacation accrual bank (non-
PERSable) on the following basis:
1. With favorable resignation after ten (10) or more years of
satisfactory service, one-half (1/2) of the accumulated sick leave
POA MOU 2014-2019 Page 45
accrual will be converted to the unit employee’s vacation accrual
bank.
2. With retirement after ten (10) or more years of satisfactory service,
three-fourths (3/4) of the accumulated sick leave accrual will be
converted to the unit employee’s vacation accrual bank.
3. With retirement after fifteen (15) or more years of service, one
hundred percent (100%) of the accumulated sick leave accrual will
be converted to the unit employee’s vacation accrual bank.
F. SICK LEAVE PAYOFF UPON THE DEATH OF AN EMPLOYEE – NON-
PERSABLE
1. Upon a unit employee’s death, his/her beneficiaries or estate shall
be entitled to receive the same accumulation and conversion
benefit payoff as the unit employee would have received were
he/she alive and had favorably resigned or retired.
2. Any payoff under this benefit is non-PERSable.
VII. PRE-RETIREMENT DISTRIBUTION OF LEAVE ACCRUALS – NON-
PERSABLE
A unit employee giving irrevocable notice of his/her intent to retire within three (3)
years (36 calendar months) may have accrued leaves (which are otherwise
payable upon retirement) distributed in equal installments to his/her paychecks
over the months preceding retirement, with a minimum duration of six (6) months
and a maximum duration of thirty-six (36) months.
Such distributions may be taken as taxable earnings, or may be used for deposit
in the deferred compensation account under the terms of the Section 457 Catch-
up provisions.
VIII. MISCELLANEOUS LEAVES WITH PAY
A. BEREAVEMENT LEAVE
1. Any unit employee who is absent from duty because of a death in
the immediate family shall be allowed time necessary to be absent
with pay for not more than forty (40) hours per incident without
deduction from accrued sick leave or vacation.
2. Immediate family is defined as follows:
POA MOU 2014-2019 Page 46
? Brothers ? Sisters
? Children ? Spouse
? Child’s Spouse ? Spouse’s Brothers
? Grandchildren ? Spouse’s Grandparents
? Grandparents
? Parents
? Registered Domestic
Partner
? Siblings’ Spouse
? Spouse’s Parents
? Spouse’s Sisters
? Stepchildren
? Stepparents
3. Should the list of specified family members be increased in any
other Culver City bargaining unit MOU, the additional provisions
shall apply to this unit.
4. The City may require verification of the death of a member of the
immediate family. Verification may include any printed record or
notice of the death (e.g., newspaper obituary notice, mortuary
leaflet or card, etc.).
5. If special circumstance exists wherein a unit employee believes
another person reasonably substitutes for one of the foregoing,
(i.e., foster parent, legal guardian, foster child, legal ward, etc.)
the unit employee must register that special circumstance with the
Human Resources Department in writing in advance in order to
qualify for the bereavement leave.
B. EMERGENCY LEAVE
1. An emergency leave of absence with pay may be granted by Police
Management or designee to any unit employee because of family
illness, legal matters, non-work-related court appearances, home
emergencies (e.g., burst water heater, or sudden structural
damage, etc.), providing the employee may have such leave
charged to his/her sick leave, in-lieu (holiday), compensatory time,
service award leave or vacation leave accounts.
2. All emergency leaves of absence shall be limited to forty (40)
working hours within any calendar year.
3. Verification of all emergency leaves may be required by Police
Management.
POA MOU 2014-2019 Page 47
C. JURY DUTY LEAVE
1. A unit employee called to active jury service during scheduled work
days shall receive his/her regular compensation for such time
served to a maximum of ten (10) working days for each jury
summons.
2. The unit employee will forfeit jury fees to the City, but shall retain
any mileage compensation provided.
3. Unit employees working other than a Monday through Friday
daytime schedule may be reassigned to such a schedule during
jury duty service if possible.
4. Jury service required on an employee's off-duty day is not
compensable by the City, and the unit employee may retain jury
compensation for such days.
5. Unit employees whose work schedule cannot be modified, whose
regular work day may be Saturday or Sunday, and/or who serve
jury duty and then work some portion of the same day, shall receive
their regular compensation for the scheduled work day and may
retain jury pay.
6. Jury duty time shall not be considered work time and does not
count toward hours worked for the calculation of overtime.
7. In the event the unit employee is required to serve in excess of ten
(10) compensated work days, he/she may use accrued leave and
retain excess jury fees for that period.
8. The unit employee shall be responsible for providing proof of jury
service upon his/her return to work.
9. Specific procedures for jury duty leave with pay, consistent with this
provision, shall be established in City Administrative Policy.
D. OUTSTANDING PERFORMANCE LEAVE
The City may grant up to three (3) days off with pay to unit employees
rewarded for outstanding performance, or provide other forms of
recognition pursuant to Civil Service Rules.
POA MOU 2014-2019 Page 48
E. RELIGIOUS SERVICES
1. Unit employees shall be permitted to attend or observe religious
services, or holidays of major theological importance, which occur
during work hours, provided that:
? The work load of the organization so permits; and
? Police Management authorized the absence.
2. Time taken shall be charged to the unit employee's accumulated
vacation, in-lieu (holiday), compensatory leave or service award
leave time.
F. MILITARY LEAVES OF ABSENCE
Military leave with pay shall be granted in accordance with applicable state
law, federal law and municipal law, and applicable City policies.
G. VOTING LEAVE
1. Employees shall be permitted leave to vote as required by
California Elections Code Section 14350-14352, if the employee
cannot otherwise get to the polling place during non-working hours.
2. Leave may be provided at the beginning or end of the normal work
shift, whichever permits the opportunity to vote with minimal
interruption of work responsibilities.
3. Employees shall be required to give a minimum three (3) day notice
of the need for leave, obtain advance approval, and submit proof of
voting.
4. Voting leave properly requested in advance shall not be denied.
H. SCHOOL ACTIVITY LEAVE
1. Pursuant to California Labor Code Sections 230.7 and 230.8,
parents of school-age children shall be allowed voting leave from
their jobs, with or without pay, as may be necessary to participate in
school activities such as parent-teacher conferences, disciplinary
matters, school programs and related events with their children.
2. Such leave is limited to forty (40) hours per school year, at a
maximum of eight (8) hours per month.
POA MOU 2014-2019 Page 49
3. This limit shall not apply when a unit employee is required to
appear in the school of his/her child pursuant to a request from the
school administration pertaining to disciplinary action.
4. Unit employees must give reasonable advance notice to the Police
Management or designee, to permit work coverage, and may be
required to provide documentation from the school that the unit
employee participated in the activity on the specific date and time.
5. Unit employees may take accrued leave with pay (vacation,
compensatory time, in-lieu holiday, or service award leave) for
School Activity Leave purposes.
I. PAYOFF OF ACCRUALS UPON DEATH OF AN EMPLOYEE – NON-
PERSABLE
1. When separation is caused by the death of a unit employee,
separation pay and other accrued moneys owed shall be paid (non-
PERSable) to the designated beneficiary of such employee as filed
with the Human Resources Director.
2. If there is no beneficiary, the accruals shall be paid to the deceased
employee’s estate.
IX. LEAVES OF ABSENCE WITHOUT PAY
A. VOLUNTARY LEAVE WITHOUT PAY
1. Any unit employee is entitled to present to Police Management a
request for leave of absence without pay not to exceed one (1)
year. The unit employee shall indicate the basis of the leave in
his/her request.
2. Leaves of absence without pay may be granted for illness
exceeding accumulated sick leave, child care absences exceeding
pregnancy disability leave, special education, special duty for
another governmental agency, extension of vacation time, seeking
political office or any other reason which is deemed to be in the
best interests of City government.
3. Verification of such requests shall be required by Police
Management or designee, who shall attach the evidence of
verification to the proper form (Personnel Action).
POA MOU 2014-2019 Page 50
4. Any leave without pay must be approved by the City Manager or
designee.
B. CITY INITIATED LEAVE WITHOUT PAY
When the unit employee’s accrued leave time has been exhausted, the
City may place a unit employee on leave without pay for non-disciplinary
reasons when the status of the employee, due to injury or other
involuntary circumstances, cannot be covered by paid leave time.
C. BENEFIT ELIGIBILITY WHILE ON LEAVE WITHOUT PAY
1. No biweekly period shall be counted for eligibility periods or for the
accumulation of vacation or sick leave when the employee is
absent on leave without pay including suspension from duty without
pay, except when on protected leave, or has a break in service of
more than sixty five percent (65%) of the working hours in the
biweekly period.
2. An employee on unpaid leave of absence under this section shall
be responsible for the payment of insurance premiums in any
month when there is insufficient paid leave available or authorized
to maintain benefited status.
D. LEAVE OF ABSENCE WITHOUT PAY IN EXCESS OF THIRTY (30)
DAYS
1. NOTIFICATION TO DEPARTMENT
For any leave of absence without pay in excess of thirty (30)
calendar days, the unit employee shall notify Police Management
where he/she can be reached if not at his/her residence of record,
and how long the employee will be absent.
2. CORRESPONDENCE
In the absence of such written notification, any notice or
correspondence to the unit employee shall be mailed or delivered
to the unit employee’s residence of record.
3. DURATION OF LEAVE
Unit employees shall be advised of the duration of the approved
leave of absence without pay, and that such approval may be
cancelled at any time by Police Management and the City Manager
if he/she determines that the unit employee:
POA MOU 2014-2019 Page 51
? is not expected to return by the conclusion of the scheduled
leave of absence without pay; or
? the unit employee’s conduct is not consistent with the approved
leave of absence without pay; or
? the basis of the leave is no longer valid.
4. CANCELLATION OF LEAVE OF ABSENCE WITHOUT PAY
If the City intends to cancel an approved leave of absence without
pay in excess of thirty (30) calendar days, the unit employee shall
be notified of the City’s intent, and shall be given the opportunity to
provide additional information in support of the leave of absence
without pay or to return to work, within five (5) working days after
receipt of such notice. If the unit employee fails to respond or
return to work, he/she shall be deemed to have resigned his/her
position.
E. RETURN FROM LEAVE OF ABSENCE WITHOUT PAY EXCEEDING
THIRTY (30) DAYS
1. Upon returning from a leave of absence without pay exceeding
thirty (30) calendar days, except when on protected leave, the unit
employee’s anniversary date shall be adjusted to exclude such
leave time for the purpose of performance evaluation dates, step
increase dates, seniority for promotional examinations and benefit
accrual calculations.
2. Upon returning from a leave of absence without pay exceeding
thirty (30) calendar days, except when on protected leave, due to
illness or disability of the employee, the unit employee may be
required to provide medical information upon the request of the
City’s physician in order to determine the employee’s fitness-for-
duty.
3. Failure or refusal to provide medical information, pursuant to this
section, may delay the unit employee’s return to work and
constitute grounds for disciplinary action.
X. UNAUTHORIZED LEAVE / ABANDONMENT OF POSITION
1. A unit employee absent without authorization for three (3) or more
consecutive work shifts, and who fails to contact Police Management to
provide justification for the absence, shall be considered to have
POA MOU 2014-2019 Page 52
abandoned his/her position and resigned from City employment as of the
end of the third shift of absence.
2. The unit employee shall be notified by Police Management (after Police
Management has attempted to contact/locate the unit employee) that the
City considers him/her to be absent without leave, and that, under this
section, a separation (resignation) will be processed.
3. Such notification shall be made pursuant to the procedures for notification
of intent to discipline as provided in the Civil Service Rules.
4. The unit employee may be reinstated, subject to disciplinary action for
other causes, if adequate justification for the absence is provided to Police
Management prior to the end of the notification period.
XI. FAMILY MEDICAL LEAVE ACT (FMLA) AND CALIFORNIA FAMILY RIGHTS
ACT (CFRA)
1. This section does not purport to provide all the provisions of law, but
summarizes the general intent at the time this MOU was adopted.
2. Specific details of the State and Federal laws relating to FMLA and CFRA
are available in the Human Resources Department.
3. Unit employees and department management must contact Human
Resources Department to verify current provisions and requirements.
4. Failure to do so could result in a misunderstanding of rights and
obligations, and could cause loss of leave benefits or loss of insurance
coverage.
A. ELIGIBILITY FOR FMLA AND CFRA
1. Pursuant to State and Federal laws, employees shall be eligible for
Family and Medical Leave of absence (FMLA) for:
? The birth of a child of the employee;
? Disability due to pregnancy – FMLA only;
? The placement of a child with an employee in connection with
the adoption or foster care of that employee;
? The care of the employee’s child with a serious health condition;
? The care of a spouse or parent with a serious health condition;
? The employee's own serious health condition; or
? Any qualifying exigency arising out of a spouse, child or parent
called to active military duty
POA MOU 2014-2019 Page 53
2. Such leave rights apply to all employees with twelve (12) months or
more service with the City prior to the leave request who have
worked a minimum of 1,250 hours in the preceding twelve (12)
months.
B. EMPLOYEE RIGHTS UNDER FMLA
1. The maximum amount of leave shall be twelve (12) weeks in a
twelve (12) month period.
2. The twelve-month period is rolling, and is measured backward from
the date leave is used.
3. Leave may be taken as days off, or intermittent or modified work
schedules.
4. The unit employee is guaranteed a return to his/her position at the
end of approved leave.
5. During the 12-work week FMLA period, the City shall maintain the
employee's medical, dental, life and vision care insurance.
C. APPROVAL PROCESS FOR FMLA
1. Unit employees must give thirty (30) days advance written notice,
on a form provided by the City, of the need for such leave, unless
the absence could not be anticipated. In such cases, the employee
must give notice as soon as possible.
2. Verification by the attending physician or health care provider will
be required for absences relating to the unit employee’s or family
member's serious health condition.
3. The Human Resources Department shall determine if the leave
qualifies under the Family and Medical leave laws, and may
determine the commencement date.
D. PRIVACY UNDER FMLA
For privacy reasons, the City may not require specific medical diagnosis of
a unit employee or family member's health condition.
POA MOU 2014-2019 Page 54
E. USE OF ACCRUALS WHILE ON FMLA
1. The unit employee shall be required to use sick leave for any FMLA
illness or medical-related absence, and may use vacation or other
accrued leaves if sick leave has been exhausted.
2. FMLA shall run concurrently with Pregnancy Disability Leave.
F. EXPIRATION OF FMLA
Upon expiration of FMLA, if the unit employee remains on leave, he/she
shall be responsible for maintaining his/her insurance benefits, either by
use of sufficient accrued paid leave or by payment of the required
premiums.
XII. PREGNANCY DISABILITY LEAVE (PDL)
1. Pregnancy Disability Leave of up to four (4) months, with or without pay,
shall be provided to unit employees covered herein pursuant to the Fair
Employment Housing Act (FEHA).
2. Such leave shall be granted for disability of the unit employee, determined
by a physician, for the duration of such disability, provided, however, that
the cumulative unpaid leave for disability and non-disability reasons shall
not exceed one year.
3. Pregnancy Disability Leave without pay shall not be granted until accrued
sick leave has been exhausted.
4. Unit employees may voluntarily use accrued vacation or other paid leave
before commencing unpaid leave.
XIII. PAYOFF OF ACCRUALS UPON CHANGE OF BARGAINING UNIT
1. When a unit employee covered by the terms of this MOU becomes a
member of another bargaining unit under a different MOU, he/she shall be
paid off at his/her POA base hourly rate for any accrued leave benefit
unique to this bargaining unit and shall cease participation in any special
pay or other benefit plan of the POA unit.
1. Vacation and sick leave accumulations shall carry over.
3. Thereafter, the employee shall immediately be eligible to accrue such
benefits as provided by their new bargaining unit MOU.
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ARTICLE SIX
WORKING CONDITIONS
I. SENIORITY
A. SENIORITY LISTS
1. When necessary, the City shall establish seniority lists and, in
certain situations, shall inform each unit employee of their seniority
status. Seniority status shall give a unit employee priority
preference in work schedules (i.e. days off) and leave schedules
where the City is able to offer employees a choice.
2. Seniority preference shall only apply to leave requests made a
minimum of thirty (30) days in advance. Leave requests submitted
less than thirty (30) days shall be considered in the date and time
order in which they were received.
B. SENIORITY WITHIN CURRENT CLASSIFICATION
1. Seniority, as used herein, is determined by the length of service a
unit employee has in the position of the current appointment and is
applicable for the two purposes stated, in addition to those provided
in the City’s Civil Service Rules.
2. When two (2) or more officers are hired on the same date, seniority
among those officers shall be based upon the rank order of those
officers on the eligible list from which they were appointed, with the
highest ranking officer being considered the most senior.
II. GRIEVANCE
A unit employee grievance shall be processed as provided for in the City's Civil
Service Rules.
III. DISCIPLINE
Disciplining of unit employees shall be as provided for in the City's Civil Service
Rules.
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IV. SAFETY RULES
A. PURPOSE
1. It is of mutual benefit to the City and to the unit employees
represented in this MOU to be fully aware of all safety rules and
regulations regarding employment duties.
2. The intent of this clause is to work towards preventing job-related
injuries to unit employees and damage to both public and private
property.
B. RESPONSIBILITY
It is the responsibility of all unit employees as a condition of employment
with the City, to be aware of, to follow and to enforce the City's safety
rules, regulations, policies and procedures or be subject to disciplinary
action in accordance with the Civil Service Rules.
V. SERGEANT PROMOTIONS
The City agrees to consider Association input regarding the qualifications and
procedures for Sergeant promotional examinations.
VI. DRUGS AND ALCOHOL IN THE WORKPLACE
City agrees to amend City Council Policy 4004, "Drugs and Alcohol in the
Workplace," to define the specific and articulable behaviors which constitute
"reasonable suspicion" for drug and alcohol testing, and POA agrees that the
policy, as amended, applies to its members, but that random testing will not apply
to Association members.
VII. LEGAL DEFENSE
1. CONSULT WITH UNIT EMPLOYEE
In the event a unit employee is named as a defendant in litigation involving
conduct in his/her official capacity as an agent for the City, the City
Attorney may, at his or her sole discretion, prior to recommending any
settlement of the litigation to the City Council, consult with the employee
concerning the proposed settlement and present the employee's oral or
written comments concerning the proposed settlement to the City Council
at any session at which the settlement is to be discussed.
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ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective July 1, 2014, except as otherwise provided herein,
and together with all the terms, conditions and effects thereof, shall expire as of
midnight on June 30, 2019.
II. EMERGENCY WAIVER
In the event of circumstances beyond the control of the City, such as acts of God,
fire, flood, insurrection, civil disorder, national emergency, or similar
circumstances, as determined by the City, the non-economic provisions of this
Memorandum of Understanding which restrict the City’s ability to respond to
these emergencies shall be suspended for the duration of such emergencies.
After the emergency is over, the Culver City Police Officers Association shall
have the right to meet with the City regarding the impact on employees of this
suspension of these provisions in this Memorandum of Understanding.
III. SEVERABILITY PROVISION
Should any article, section, subsection, subdivision, sentence, clause, phrase, or
provision of this Memorandum of Understanding be found to be inoperative, void,
or invalid by a court of competent jurisdiction, all other provisions of this
Memorandum of Understanding shall remain in full force and effect for the
duration of this Memorandum of Understanding. In the event of such invalidation,
the City and the Union agree to meet and confer in good faith to determine an
alternative equivalent article, section, subsection, subdivision, sentence, clause,
phrase, or provision.
IV. CIVIL SERVICE RULES/CITY POLICIES
The parties agree that all conditions of employment, as they pertain to unit
employees covered by this MOU, subject to meet and confer provided for by the
City's Civil Service Rules, Ordinances, Resolutions, Departmental Rules and
Regulations or Policy Statements in effect prior to the date of this MOU, unless
specifically provided for to the contrary in this MOU, shall remain in force and
effect during the term of this MOU. Any conflicts with the City's Civil Service
Rules, Ordinances, Resolutions, Departmental Rules and Regulations or Policy
Statements shall be considered to have been superseded by this MOU.
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V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT - WAIVER OF MEET AND CONFER
1. This MOU contains all of the covenants, stipulations, and
provisions, agreed upon by the parties.
2. Therefore, during the term of this agreement, except as provided
herein, all other compensation and benefits not modified in this
agreement shall remain in full force and effect.
3. For the purpose of the MOU neither party shall be compelled to
meet and confer with the other concerning any issues, whether
specifically discussed prior to the execution of this MOU or which
may have been omitted in the meet and confer process leading up
to the execution of the MOU, except by mutual agreement of the
parties.
4. Each party acknowledges that it had the full and unlimited
opportunity to meet and confer over any issue it either did raise or
could have raised and hereby waives the right to meet and confer
further during the term of this MOU except as specifically provided
herein.
B. COMPLIANCE
If the effective date or the implementation of any benefit in this MOU
cannot be adhered to as the result of law, regulation, or policy outside the
control of the City, the City will take action on the first date on which it has
authority to take action in compliance with such law, regulation, or policy
to effectuate the benefit.
C. OBLIGATION TO SUPPORT
The parties agree that upon tentative agreement being reached on a
successor MOU and prior to the implementation of this successor MOU
and during the time of its being considered by the City Council for action,
neither the Association nor the City nor their authorized representatives
will appear before the City Council, nor meet with the City Council
members individually to advocate any addition or deletion to the terms and
conditions to this MOU. However, this section shall not preclude the
parties from appearing before the City Council, nor meeting with individual
POA MOU 2014-2019 Page 59
members of the City Council to advocate or urge the adoption and
approval of this MOU.
VI. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and the Culver City Police Officers Association acknowledge that
this Memorandum of Understanding shall not be in force and effect until
ratified by a simple majority vote of unit employees voting who are in
classifications represented by the Culver City Police Officers Association
set forth in this agreement and adopted in the form of a resolution of the
City Council.
B. MUTUAL RECOMMENDATION – APPROVAL OF MOU
This agreement constitutes a mutual recommendation of this new MOU by
the parties hereto, to the City Council, that one or more ordinances and/or
resolutions be adopted and implemented accepting its provisions and
effecting the changes enumerated herein relating to wages, hours,
benefits and other terms and conditions of employment for unit employees
represented by the Culver City Police Officers Association.