City of Culver City, California
Agenda Item Report
Meeting Date: 03/01/2010 Item Number: A-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a Two (2) Year
Memorandum of Understanding with the Culver City Police Officers’ Association
for the Period of July 1, 2009 through June 30, 2011
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) Meetings and Agendas – City Council (02/24/2010); Culver
City Police Officers’ Association (02/24/2010)
Department Approval:
Serena Wright (02/22/10)
City Attorney Approval:
Carol Schwab (by H. Baker) (02/24/10)
Chief Financial Officer Approval:
Mark Scott (by M. Noller) (02/24/10)
City Manager Approval:
Mark Scott (02/24/10)
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution approving a two (2) year
Memorandum of Understanding (MOU) with the Culver City Police Officers’
Association (CCPOA) for the period of July 1, 2009 through June 30, 2011.
BACKGROUND:
The previous MOU with the Culver City Police Officer Association expired on June
30, 2009. After nine (9) months of negotiations, the City and the CCPOA have
reached an agreement resulting in a two (2) year contract.
DISCUSSION:
The MOU that is being presented to the City Council for adoption contains the
following essential changes, along with minor language revisions made to the
attached master revised contract:
1. The term of the contract is for two (2) years (July 1, 2009 to June 30, 2011).
2. The City will continue the intent of the Salary Initiative Ordinance to set Police
Officers’ salaries at an amount not less than the average of the base monthly City of Culver City, California
Agenda Item Report
salaries of City of Los Angeles Police Department and Los Angeles County
Sheriff Department.
3. Implementation of a new 3/12.5 work schedule for the Patrol division,
excluding Motor assignments.
4. Effective January 1, 2010, 4% Special Assignment Pay for the following
assignments:
• Adult Detectives • Commercial Enforcement
• Juvenile Detectives • Court Liaison Officer
• Personnel and Training • Victim’s Assistance Unit
5. Effective January 1, 2010, all unit employees shall participate in the CalPERS
cafeteria plan for health benefits including medical, dental, vision and/or life
insurance. The monthly allowance shall be:
Single party: $ 417.55
Two-party: $ 763.42
Family Coverage: $ 971.18
This includes the contribution set forth by the California Public Employees’
Medical and Hospital Care Act (PEMHCA) under Government Code 22892. The
statutory minimum amount for 2010 is $105.00 per month per employee.
During the term of this agreement and until a successor agreement is negotiated,
the City shall adjust the above monthly flex dollar allowance based upon 95% of
the Blue Shield Net Value premium + Delta Care premium + Vision premium +
Life Insurance.
In addition, all unit employees hired prior to January 1, 2010 shall receive a
health longevity stipend as follows:
Single party: $165.67
Two-party: $ 220.70
Family coverage: $ 245.69
During the term of this agreement and until a successor agreement is negotiated,
the City shall adjust the monthly Health Longevity Stipend to cover the difference
between the flex dollar allowance and an amount equal to the cost of 95% of the
PORAC premium + Delta PPO premium + Vision premium + Life Insurance.
The balance of the monthly allowances may be used to purchase other benefits
as offered through the cafeteria plan or be converted to taxable income once the
mandatory health elections have been made.
City of Culver City, California
Agenda Item Report
6. The City shall implement a vesting schedule for retiree medical insurance. All
unit employees who are hired on or after January 1, 2010, shall complete a
minimum of ten (10) years of paid service time with the City of Culver City to be
eligible to participate in the City’s retiree medical program. A unit employee is
eligible for 50% coverage upon 10 years of paid service time. Vesting increases
5% for each paid year of service until complete (100%) vesting occurs at 20
years of paid service time.
7. The City shall implement a retiree health savings trust for all unit employees
for reimbursement of qualified healthcare expenses upon retirement.
FISCAL ANALYSIS:
Contingency funding was appropriated in the Non-Departmental 2009-10 budget for
anticipated MOU discussions. There is sufficient funding to cover these increased
costs, and funding will be transferred as appropriate to the Police Department’s
budget during fiscal 2009-10 to cover the associated increased costs. Any
increased costs will also be built into the fiscal 2010-11 budget.
Special Assignment Pay: $89,151
Cafeteria Plan: $32,500
Total Increased Cost:
$121,651
ATTACHMENTS:
1. Resolution with Master Memorandum of Understanding
MOTION:
That the City Council:
Adopt the Resolution approving a two (2) year Memorandum of Understanding
between the City and the Culver City Police Officers’ Association for the period of
July 1, 2009 through June 30, 2011.
MEETING DATE: 3/01/10
AGENDA ITEM: Adoption of a Resolution Approving a Two Year
Memorandum of Understanding with the Culver City Police Officers' Association
for the Period of July 1, 2009 — June 30, 2010
ATTACHMENTS
Pages
1. Resolution 1
2. Master Memorandum of Understanding 2 - 571|10101010101010 10
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RESOLUTION NO. 2010-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING
WITH THE CULVER CITY POLICE OFFICERS
ASSOCIATION.
WHEREAS, the Culver City Police Officers Association employee
representatives and City representatives have met and conferred and executed a
"Master' Memorandum of Understanding,
NOW, THEREFORE, the City Council of the City of Culver City, DOES
HEREBY RESOLVE AS FOLLOWS:
1. The Master Memorandum of Understanding, a copy of which is
attached hereto and made a part hereof, is hereby approved for the period
July 1, 2009, through June 30, 2011.
2. The Chief Financial Officer and the City Manager are hereby
authorized to adjust the budget and the records of employees necessary to pay the
salaries and costs related to the terms of the approved Master Memorandum of
Understanding.
APPROVED and ADOPTED this day of 2010.
ANDREW WEISSMAN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk 7
170L A. SCHW111, City Attorne!
Al 0-00060
-MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
THE CULVER CITY POLICE OFFICERS ASSOCIATION
JULY 1, 2009 through JUNE 30, 2011
2.TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights 2
ARTICLE TWO Salaries and Compensation 7
ARTICLE THREE Work Periods, Schedules and Overtime 18
ARTICLE FOUR Supplemental Benefits 24
ARTICLE FIVE Leaves of Absence 32
ARTICLE SIX Working Conditions 49
ARTICLE SEVEN General Provisions 51
PARTIES TO THE AGREEMENT 54
INDEX 55
POA MOU 2009-2011
3ARTICLE ONE
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 2005-2009
Page - 2 - of 57
LIARTICLE ONE
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
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 biweekly 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 2009-2011
Page - 3 - of 57ARTICLE ONE
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. Selling 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 2009-2011
Page -4- of 57ARTICLE ONE
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 2009-2011
Page - 5- of 57ARTICLE ONE
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 2009-2011
Page - 6 - of 57ARTICLE TWO
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
A. SALARY INITIATIVE ORDINANCE
It is the City's desire to continue the intent of the Polie(
Ordinance to set Police Officers' salaries at an amount
average of the base monthly salaries of City of Los
Department and Los Angeles County Sheriff Department.
Salary Initiative
not less than the
Angeles Police
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 2009-2011
Page 7 of 57ARTICLE TWO
"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 Sheriffs 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:
,psoce
.
ciassification
Police Sergeant
Salary not less than
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:
Fi te .:,0.10;ssifl4atipn . itlat* not fess than
Fire Captain Fire Engineer + 15%
Battalion Chief Fire Captain + 19%
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 2009-2011
Page 8 of 57
fOARTICLE TWO
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".
"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."
B. 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 2009-2011
Page 9 of 57ARTICLE TWO
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 RATE FOR POLICE OFFICERS
1. The initial pay rate for entry level Police Officers shall be a
minimum of salary Step A 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 A 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 2009-2011
Page 10 of 57
I 2,ARTICLE TWO
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
A. ELIGIBILITY
Any permanent or probationary 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 is in
excess of eighty (80) scheduled working hours.
2. During that period of acting service an employee off on a scheduled
in-lieu day or compensatory day shall be paid at the acting pay rate
for such time.
3. When an employee has worked in one continuous acting
assignment in excess of three (3) months, he/she shall receive the
acting pay rate for vacation, sick, or emergency leave(s).
4. An employee working overtime during such acting service shall not
be paid at the acting pay rate for such time.
5. 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.
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:
POA MOU 2009-2011
Page 11 of 57
13ARTICLE TWO
Administration/investigations Operations Bureau i Traffic Bureau
Biiiiiiu
Adult Detectives K-9 Assignment Computer Services
Court Liaison Patrol Section Unit
Crime Impact Team Accident Investigator
Juvenile Detectives Vehicle Impounds!
School Resource Officers Reserve Coordinator
Victim's Assistance Unit Commercial
Personnel & Training Enforcement
Motor Unit
Parking Enforcement
Communications
Photo Enforcement
2. 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.
3. 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.
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.
VIII. FIELD TRAINING OFFICER PAY
A. PURPOSE
Unit employees assigned as Field Training Officers by Police
Management are required 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 five percent (5%) above their base rate of pay.
Unit employees assigned as Field Training Officers to train Reserve
Police Officers or a probationary Police Officer not routinely
POA MOU 2009-2011
Page 12 01 57
2.ARTICLE TWO
assigned to them, shall receive one-half (1/2) hour of overtime pay
for each work shift that they train Reserve Police Officers or
probationary Police Officers not regularly assigned to them.
IX. CHANGE OF ASSIGNMENT
A. REGULAR ASSIGNMENTS
Regular assignments of unit employees to specialized functions or
operations (investigations, juvenile, motors, canine, SES, etc) and
scheduled watch rotations, whether or not 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 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.
X. POST CERTIFICATE PAY
A. 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.
POA MOU 2009-2011
Page 13 of 57
ISARTICLE TWO
B. ADVANCED POST CERTIFICATE
Police Officers and Police Sergeants possessing an Advanced POST
Certificate shall be paid twelve and one-half percent (12.5%) over the
base hourly rate for their classification.
C. 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.
D. EFFECTIVE DATE
Employees will receive the above pay rate(s) effective the first pay period
following the date awarded as stated on the Intermediate or Advanced
POST Certificate.
E. LIMITATIONS
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.
POA MOU 2009-2011
Page 14 of 57ARTICLE THREE
ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. SCHEDULES/BRIEFING TIME
A. WORK SCHEDULES
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
Effective April 14, 1986, the City establishes a twenty-eight (28) day
work cycle 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. Except as provided below in subsection B. 4. all sworn personnel
shall work a schedule of four ten-hour days (4/10) 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.
b. The new work schedule, unless modified by the parties, shall
include three (3) shifts: 0700-1930, 1400 — 0230, and 1900 — 0730.
This schedule will accommodate any needed briefing and dressing
time. The first five and the last five minutes of these paid shifts
shall be for employees to don (i.e., dress into) and doff (i.e.,
undress out of) their uniforms (including gear such as body armor
POA MOU 2009-2011
Page 15 of 57
1-1ARTICLE THREE
and equipment belts). If occasional shift activity does not allow an
employee to (1) don his/her uniform and gear during the first five
minutes of his/her paid work shift, or (2) doff his/her uniform and
gear during the last five minutes of his/her paid work shift, the
employee shall follow the City's established overtime procedures
and report any extra time on their timekeeping records.
c. The new modified work schedule shall resolve any and all alleged
donning and doffing issues with no liability to the City for donning
and doffing time after the implementation of this section. It is further
agreed upon between the parties that the provision of time in the
work schedule for uniformed Patrol division employees to don and
doff their uniforms and gear is based on the City acting out of an
abundance of caution. The parties agree that if a decision of the
Ninth Circuit U.S. Court of Appeals or the U.S. Supreme Court finds
that donning and doffing of either a uniform or gear is not
compensable work time for law enforcement personnel, the Chief of
Police may unilaterally revise work shift schedules, upon proper
notification.
II. OPTIONAL WORK ASSIGNMENTS
A. SCHEDULING OPTIONAL WORK ASSIGNMENTS
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
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 1 /2) 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.
POA MOU 2009-2011
Page 16 of 57
I&ARTICLE THREE
III. SHIFT TRADE AGREEMENT
A. TRADE SHIFTS
Following the effective date of this MOU, 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 pay for the overtime worked at
the rates set forth below. All overtime must receive prior approval of an
authorized supervisor before such time can be credited.
B. EXTENSION OF DUTY
When such 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 Bureau who are
required to be on-call over a week-end shall be compensated with a
bonus equivalent to two (2) hours straight-time pay for each
weekend day of stand-by duty to a maximum of four (4) hours pay
each week.
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.
POA MOU 2009-2011
Page 17 01 57
qARTICLE THREE
3. Any actual time worked responding to a call will be paid as overtime
in addition to the minimum4-hour stand-by 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, is called
back to duty during their off-duty time for emergency purposes,
overtime shall be credited at one and one-half times (1|1010|/2) 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
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
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 (VA) 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 (1%) 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
POAIVIOU 2009-2011
Page 18 of 57
2ARTICLE THREE
• 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
(1%) times the straight-time hourly rate with a minimum of four (4)
hours at time-and-one-half (1 4) 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
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
POA MOU 2009-2011
Page 19 of 57
21ARTICLE THREE
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 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
No overtime credit 0-15 minutes
16-45 minutes One-half (1/2) hour overtime credit
46-75 minutes One (1) hour overtime credit
VII. COMPENSATORY TIME
A. MAXIMUM ACCUMULATION
Unit employees may accumulate compensatory time to a maximum of one
hundred eighty (180) hours after conversion which shall be paid at the unit
employee's base hourly rate.
B. EXCESS COMPENSATORY TIME
Unit employees that have reached one hundred eighty (180) 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.
POA MOU 2009-2011
Page 20 of 57
zARTICLE THREE
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 2009-2011
Page 21 of 57
13ARTICLE FOUR
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:
• GOVERNMENT
CODE SECTION
20042
BENEFIT One-Year Final Compensation
21042 Military Service Credit as Public Service
21362.2 Base retirement plan of three percent (3%) at age 50
for all eligible employees
21548 Pre-Retirement Optional Settlement 2 Death Benefit
21574 Fourth Level of 1959 Survivor Benefits
21624 — 21626 Post-Retirement Survivor Allowance
II. CITY PAID NINE PERCENT (9%) PERS EMPLOYEE RETIREMENT
CONTRIBUTION (NON-PERSABLE)
A. PERS EMPLOYEE RETIREMENT CONTRIBUTIONS
Except as may be provided for herein, the City shall pay to the Public
Employees' Retirement System (PERS) for the account of each employee
covered by this MOU the amount of the employee's retirement contribution
as required by Government Code Section 20678, which is currently nine
percent (9%) of eligible compensation.
B. SOCIAL SECURITY EXCLUDED
This does not include Social Security nor any special or additional
contribution to PERS contracted for by the employee.
C. NON-PERSABLE
The City payment of nine percent (9%) PERS employee contribution rate is
non-PERSable.
III. 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
POA MOU 2009-2011
Page 22 of 57
2.4ARTICLE FOUR
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.
2. 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.
IV. MEDICAL INSURANCE
A. 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 under the full flex cafeteria plan. The
monthly dollar allowance shall be:
Single party: $ 417.55
Two-party: $ 763.42
Family Coverage: $ 971.18
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 2010 is $105.00 per
month per employee. This amount is designated as the City's contribution
towards PEMHCA. The balance of the monthly flex dollar allowance (after
the PEIVHCA contribution) may be used in accordance with the terms of
the cafeteria plan to purchase other supplementary and/or voluntary
products (i.e. dental, vision, life, disability insurance, etc) or may be
converted to taxable income. For example, in calendar year 2010, a single
employee's monthly flex dollar allowance is $417.55; of that amount, $105
is designated by CalPERS as the City's monthly PEMHCA minimum
contribution. The balance of $312.00 may be used to purchase other
benefits as offered through the cafeteria plan or be converted to taxable
income once the mandatory health elections have been made. 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.
During the term of this agreement and until a successor agreement is
negotiated, the City shall adjust the monthly flex dollar allowance based
upon 95% of the Blue Shield Net Value premium + Delta Care premium
equivalent+ Vision premium equivalent+ Life Insurance.
POA MOU 2009-2011
Page 23 of 57
25ARTICLE FOUR
B. HEALTH LONGEVITY STIPEND - EMPLOYEES HIRED BEFORE
JANUARY 1. 2010
Employees who were employed by the City prior to January 1, 2010 shall
receive a health longevity stipend in addition to the flex dollar allowance,
the longevity stipend shall be the difference between the flex allowance
described above and the difference of the premium cost of 95% of the
PORAC plan, plus the dental plan premium equivalent, plus the vision
plan premium equivalent and the life premium. This amount may be spent
on benefits offered through the cafeteria plan or converted to taxable
income.
For example if in 2010 the flex dollar allowance is $417.55 for single
coverage an employee's longevity stipend shall be an additional $165.67
for a total of $583.22 which is equal to the difference between the flex
allowance and the cost of coverage of 95% of the PORAC premium plus
the dental, vision and life premiums total.
The longevity payment for 2010 for employees hired before January 1,
2010 shall be:
Single party: $165.67
Two-party: $ 220.70
Family coverage: $ 245.69
During the term of this agreement and until a successor agreement is
negotiated, the City shall adjust the monthly Health Longevity Stipend to
cover the difference between the flex dollar allowance and an amount
equal to the cost of 95% of the PORAC premium + Delta PPO premium +
Vision premium + Life Insurance.
V. MEDICAL INSURANCE PREMIUMS — OPT-OUT/CASH OUT OPTION
A. 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.
B. 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
POA MOU 2009-2011
Page 24 of 57ARTICLE FOUR
dollars toward other items in the full flex cafeteria plan or convert it to
taxable income.
C. 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 may 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 and
receive a flex dollar amount equal to single party coverage.
D. RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
After electing this provision, a unit employee who later requests to
re-enroll under the City plan can only do so during the open
enrollment period or after a qualifying event as permitted by the
insurance carrier and Cafeteria Plan regulations. Coverage will
commence per the plan document.
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.
VI. RETIREE MEDICAL
Unit employees who retire from the California Public Employees'
Retirement System (CalPERS) within 120 days of leaving the City of
Culver City position are eligible to continue in the City's retiree group
medical insurance program offered through PEMHCA.
Effective January 1, 2010, or as soon as implementation can occur; the
City shall implement a longevity stipend for employees retiring from the
City of Culver City within 120 days of separation. Employees who retire
from the City due to disability shall receive the maximum longevity stipend
from the City regardless of their years of service with the City. The
longevity stipend shall be determined based on the provisions described in
Section C, D or E as applicable to the retiree.
POA MOU 2009-2011
Page 25 of 57A.
ARTICLE FOUR
LONGEVITY STIPEND (TIER 11 — EMPLOYEES RETIRED ON OR
BEFORE DECEMBER 31, 2006
For employees retired on or before December 31, 2006, the City shall pay
the PEMHCA minimum contribution required under Government Code
22892 on behalf of each participant. In addition, the City shall provide a
longevity stipend to retirees and their eligible dependents based upon the
difference between the minimum required under Government Code 22892
and the actual cost of the monthly medical insurance premium the retiree
is enrolled in up to the full family coverage of the PERSChoice plan.
Retirees selecting plans with premiums in excess of the City contribution
shall be responsible for the remaining premium difference. The City shall
deposit the longevity stipend into a retiree healthcare trust on a monthly
basis, a retiree and their surviving spouse shall have access to the retiree
trust for the reimbursement of qualified health care premiums incurred.
JANUARY 1, 2007) AND CURRENT EMPLOYEES (HIRED PRIOR TO
JANUARY 1. 20101
The City's monthly contribution for retiree medical insurance provided
through the PERS Health plan, for retirees that have retired on or after
January 1, 2007, and current employees hired prior to January 1, 2010,
shall be as follows:
B.
All plans except PERSCare:
• The City shall pay the minimum
required under Government Code
22892 on behalf of each
participant. In addition, the City
shall pay provide a longevity
stipend based upon the difference
between the minimum required
under Government Code 22892
and the actual cost of medical
insurance premiums for the retiree,
spouse and eligible dependents, up
to 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:
• The City shall pay the minimum
required under Government
Code 22892 on behalf of each
participant. In addition, the City
shall provide a longevity stipend
based upon the difference
between the minimum required
under Government Code 22892
and the actual cost of medical
insurance premiums for the
retiree, spouse and eligible
dependents, up to seventy
percent (70%) of the monthly
PERSCare premium; and
Employee and retirees shall pay
thirty percent (30%) of the
monthly PERSCare premium.
POA MOU 2009-2011
Page 26 of 57
g'ARTICLE FOUR
For current retirees under Tier II, the City shall deposit the longevity
stipend into a retiree healthcare trust on a monthly basis, a retiree and
their surviving spouse shall have access to the retiree trust for the
reimbursement of qualified health care premiums incurred.
C. MEDICAL INSURANCE PREMIUMS (TIER III) - EMPLOYEES THAT
ARE HIRED ON OR AFTER JANUARY 1,2010:
Unit employees that are hired on or after January 1, 2010, and who meet
the eligibility requirements for retiree medical insurance as detailed in
Section F, are eligible to continue in the City's group health insurance
program up to age 65 or upon Medi-care eligibility. The City shall pay the
minimum required under Government Code 22892 on behalf of each
participant. In addition, the City shall provide a longevity stipend
determined by length of Culver City service as detailed below. The City
shall not be responsible for making any contributions towards the cost of
coverage for the retiree's spouse, registered domestic partner or
dependents, other than the PEMHCA minimum contribution when
required.
D. ELIGIBILITY FOR RETIREE MEDICAL INSURANCE
All unit employees who are hired on or after January 1, 2010, shall
complete a minimum of ten (10) years, of paid service time with the
City of Culver City to be eligible to receive a longevity stipend in
excess of the PEMHCA minimum contribution.
2. Unit employees who retire on a Safety Industrial Disability Retirement
prior to meeting vesting criteria for retiree medical insurance shall be
exempt from this provision.
POA IVIOLl 2009-2011
Page 27 01 57
2qARTICLE FOUR
Lonaevity Stipend
The employer contribution of the longevity stipend shall be based upon the
lowest single-party rate coverage provided by CalPERS within the
Southern California region.
Years of
Service
% of Employer
Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15
75%
16
80%
17 85%
18 90%
19 95%
20+ 100%
E. RETIREE HEALTH SAVINGS TRUST
Effective January 1, 2010, or as soon as implementation can occur; the
City shall make available a retiree health care trust to enable employees
to prefund retiree health care expenses while employed by the City. 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. The Association agrees
that members will make an equal or unequal contributions to this fund by
either depositing money per pay period or by converting hours of sick
leave or other leave accrual on an annual basis or upon separation and
will notify the City of its election.
The Retiree Health Savings Trust shall reimburse expenses in accordance
with the Internal Revenue Code. The Association understands that
changes to contributions or disbursements from the Trust can change at
anytime pursuant to federal laws and regulations.
POA MOU 2009-2011
Page 28 of 57
3ARTICLE FOUR
F. 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.
VII. 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.
The City retains the exclusive right to determine the contents, limits of
coverage, and the contractor for such insurance.
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.
VIII. VISION 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
POA MOU 2009-2011
Page 29 o157ARTICLE FOUR
• one (1) employee may select a plan and list the spouse as a
dependent.
IX. LIFE INSURANCE
The City shall continue contracting for the current or comparable program for
Term Life Insurance Group coverage of $50,000. The City retains the exclusive
right to determine the contents, limits of coverage, and the contractor for such
insurance as long as the coverage remains substantially similar.
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 $7,500.
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
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.
POA MOU 2009-2011
Page 30 of 57XII.
ARTICLE FOUR
B. ANNUAL UNIFORM ALLOWANCE — UNIFORM REPLACEMENT AND
MAINTENANCE
The City will provide all unit employees an annual lump-sum payment of
nine hundred and fifty dollars ($950) in the first paycheck in January each
year for uniform replacement and maintenance for the upcoming calendar
year.
C. ANNUAL UNIFORM ALLOWANCE — EQUIPMENT REPLACEMENT
AND MAINTENANCE — (NON-PERSABLE)
1. The city will provide all eligible unit employees in the Association
an annual lump sum payment of five hundred forty dollars ($540)
for equipment acquisition and maintenance.
2. Payment will be made by warrant no later than January 31 of each
year (non-PERSable).
D. LIMITATIONS
1. Safety equipment will not be purchased from clothing allowance
funds.
2. Uniform items purchased by the City remain the property of the
City.
3. 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.)
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:
0 Baton ring holder
0 Cartridge and handcuff cases
0 Duty belt
0 Four belt keepers
0 Key holder
0 Holster
o Trouser belt
2. Unit employees shall provide flashlight batteries and bulbs.
POA MOU 2009-2011
Page 31 of 57
33ARTICLE FOUR
B. MOTOR DUTY ASSIGNMENT
The City will provide and replace for unit employees assigned to motor
duty, departmentally approved:
• Leather gloves • Plastic safety helmet
• Leather jacket • Riding breeches
• Motorcycle boots • 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 one hundred dollars ($100)
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 2009-2011
Page 32 of 57
3L1ARTICLE FOUR
C. LIMITATIONS
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
cornpensable (on-duty) practice time.
POA MOU 2009-2011
Page 33 of 57
35ARTICLE FIVE
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 2009-2011
Page 34 of 57
30A.
B.
C.
ARTICLE FIVE
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.
a 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.
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
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:
ar4tuatatg .accritail•ate A06010-0
4 hours 104 hours 104 hours
(104 hours / 26 pay periods) (26 Pay periods X 4 hours)
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 four (104) 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.
ONE-TIME ANNUAL ELECTION — 104 HOURS (NON-PERSABLE)
E.
1 ELIGIBILITY
The City will permit unit employees a one-time annual election each
fiscal year to cash out up to one hundred and four (104) hours of
Holiday In-lieu time at each unit employee's base hourly rate (non-
PERSable).
POA MOU 2009-2011
Page 35 of 57ARTICLE FIVE
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 four (104) 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).
2. Exceptions to the maximum allowable accruals may be granted by
the City Manager or his/her designee, to meet exceptional
departmental staffing needs.
POA MOU 2009-2011
Page 36 of 57TABLE OF VACATION LEAVE BENEFITS
Year
2" thru 4th
Year
5th thru 14th
Year
20th 15th
Year
ea 21 5t Year and thereafter
160 hours, plus 8 hours
40 hours 80 hours 120 hours 160 hours per year of service over
twenty (20) years
ARTICLE FIVE
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:
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.
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-
POA MOU 2009-2011
Page 37 of 57
3ARTICLE FIVE
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:
/3i-weekly Monthly Annual
accrual rate accrual rate accrual rate
3.69 hours 8 hours 96 hours
(96 his / 26 pay periods)
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
• 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.
POA IVIOU 2009-2011
Page 38 of 57
goARTICLE FIVE
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 Tier I Amount of akpieekly
_.
Amount of Bi-weekly
Accrual Maximum S ick Leave Payoff Sick Leave Accrued
Rate Accumulation 0 SO% @ 50%
(Non-PERSabIe)
31 hours 384 hours 1.85 hrs X hourly rate 1.85 hours
(1/2 [50%] of bi-weekly
accrual rate of 3.7 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
aciain exceed three hundred and eiohtv four (384) hours.
POA MOLI 2009-2011
Page 39 of 57
IARTICLE FIVE
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.
3a. 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:
17 hours 720 hours 2.7 hrs X hourly rate .92 hours
(3/4175%1of bi-weekly
accrual rate of 3.7
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:
POA MOU 2009-2011
Page 40 of 57ARTICLE FIVE
VII.
1. With favorable resignation after ten (10) or more years of
satisfactory service, one-half (1/2) of the accumulated sick leave
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.
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.
Immediate family is defined as follows: 2
• Brothers
• Children
• Child's Spouse
• Grandchildren
• Grandparents
• Parents
• Registered Domestic
Partner
• Siblings' Spouse
• Sisters
• Spouse
• Spouse's Brothers
• Spouse's Grandparents
• Spouse's Parents
• Spouse's Sisters
• Stepchildren
• Stepparents
POA MOU 2009-2011
Page 41 of 57
113ARTICLE FIVE
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.
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.
POA MOU 2009-2011
Page 42 01 57ARTICLE FIVE
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.
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.
POA MOU 2009-2011
Page 43 of 57
115ARTICLE FIVE
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.
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.
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. Voting leave properly requested in advance shall not be denied.
6. 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
When separation is caused by the death of a unit employee,
separation pay and other accrued moneys owed shall be paid (non-
POA MOU 2009-2011
Page 44 of 57
'F',ARTICLE FIVE
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.
VIII. LEAVES OF ABSENCE WITHOUT PAY
A. VOLUNTARY LEAVE WITHOUT PAY
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).
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.
POA MOU 2009-2011
Page 45 of 57
411ARTICLE FIVE
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
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:
• 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.
POA MOU 2009-2011
Page 46 of 57
gARTICLE FIVE
E. RETURN FROM LEAVE OF ABSENCE WITHOUT PAY EXCEEDING
THIRTY (30) DAYS
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.
IX. 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
abandoned his/her position and resigned from City employment as 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 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.
POA MOU 2009-2011
Page 47 of 57
LI
ctARTICLE FIVE
X. 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;
Or
• The employee's own serious health condition.
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.
POA MOU 2009-2011
Page 48 of 57
50ARTICLE FIVE
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 family member's health condition, but such information may be provided
for the unit employee's own illness or condition with the health care
provider's certification of the need for the leave.
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 FM LA, 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.
POA MOU 2009-2011
Page 49 of 57
5ARTICLE FIVE
XI. 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.
POA MOU 2009-2011
Page 50 of 57
52.ARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
I. SENIORITY
A. SENIORITY LISTS
The City shall establish seniority lists and 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
Seniority, as used herein, is determined by the length of service a
unit employee has in the position of the current appointment and is
only applicable for the two purposes stated.
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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Page 51 of 57
53ARTICLE SIX
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
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 will, 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.
POA MOU 2009-2011
Page 52 of 57
5.-IARTICLE SEVEN
ARTICLE SEVEN
GENERAL PROVISIONS
TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective July 1, 2009, except as otherwise provided herein,
and together with all the terms, conditions and effects thereof, shall expire as of
midnight on June 30, 2011.
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.
Ill. 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
POA MOU 2009-2011
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Rules, Ordinances, Resolutions, Departmental Rules and Regulations or Policy
Statements shall be considered to have been superseded by this MOU.
V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT - WAIVER OF MEET AND CONFER
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
POA MOU 2009-2011
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547ARTICLE SEVEN
parties from appearing before the City Council, nor meeting with individual
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.
C. RATIFICATION
Subject to the foregoing, this Memorandum of Understanding is hereby
ratified and agreed to be recommended for approval by the authorized
representatives of the City and Culver City Police Officers Association,
and entered into this day of POA MOU 2009-2011
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