City of Culver City, California
Agenda Item Report
Meeting Date: 11/14/2011 Item Number: C-8
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving a Four (4) Year
Memorandum of Understanding with the Culver City Police Management Group for
the Period of January 1, 2012 through December 31, 2015.
Contact Person/Dept.: Serena Wright Phone Number: 310-253-5640
Fiscal Impact: Yes [X] No [] General Fund: Yes [X] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Dates:
Public Notification: (E-Mail) Agenda and Meetings – City Council (11/11/11); Culver City
Police Management Association (11/11/11)
Department Approval:
Serena Wright (11/10/11)
City Attorney Approval:
Carol A. Schwab (11/10/11)
Chief Financial Officer Approval:
Jeff Muir (11/10/11)
City Manager Approval:
John M. Nachbar (11/10/11)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving a four (4) year
Memorandum of Understanding (MOU) with the Culver City Police Management
Group (CCPMG) for the period of January 1, 2012 through December 31, 2015.
BACKGROUND:
The previous Memorandum of Understanding (MOU) with the Culver City
Management Group (CCPMG) expired on June 30, 2010. After meeting and
conferring on a successor MOU, the City and CCPMG have reached a tentative
agreement resulting in a four (4) year contract.
DISCUSSION:
The MOU that is being presented to the City Council for consideration and adoption
achieves a number of organizational goals and sets the City on a sustainable path in
controlling its future personnel costs. Some key elements include:
Creating a second tier system for pension and retiree medical benefits for new
employees
Employees contributing to the CalPERS pension account City of Culver City, California
Agenda Item Report
Converting to a defined contribution benefit for employee health benefits and
capping the annual growth to 4%
Modifying retiree medical for active employees and new hires
The specific essential changes to the MOU are as follows:
Term
The term of the contract is four (4) years.
Pension
The City will create a second tier for all new employees that are hired after approval
of the California Public Employees’ Retirement System contract amendment. These
employees will participate in the CalPERS 3% @ 55 pension plan and shall be
required to pay the entire 9% CalPERS employee contribution rate. Final pension
compensation shall be based on the highest average full-time monthly pay rate for a
3-year period.
Effective January 1, 2012, or as soon thereafter as implementation can occur, the
City shall continue to pay and begin reporting as compensation the CalPERS
employee contribution rate for all unit employees hired prior to July 1, 2011.
Effective January 1, 2012, or as soon thereafter as implementation can occur, all
unit employees hired prior to July 1, 2011 shall share the costs of optional benefits in
the amount of 9% as follows:
Effective January 1, 2012 4%
Effective January 1, 2013 7%
Effective January 1, 2014 9%
POST Certificate Pay
Effective January 1, 2012 employees hired prior to the adoption of the MOU shall be
eligible to receive a 6% POST certificate increase. This is achieved by shifting 6% of
the Salary Initiative Ordinance increases into POST. 4% of the 6% POST certificate
increases shall be reduced commensurate to future Salary Initiative Ordinance
increases. New employees will not be eligible for these POST increases.
Active Employee Health Benefits
Effective January 1, 2012, all unit employees shall continue participation in the
CalPERS cafeteria plan for health benefits including medical, dental, vision and/or
life insurance. The monthly allowance shall be:
City of Culver City, California
Agenda Item Report
Single party: $ 642.00
Two-party: $ 1,103.00
Family Coverage: $ 1,370.00
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 2012 is $112.00 per month per employee and increases
annually based on the medical component of the Consumer Price Index - Urban.
Effective January 1, 2012, and each year thereafter, the monthly allowances shall be
adjusted by the average premium increase for the plans offered by CalPERS, but
the increase shall not exceed 4% annually.
Retiree Medical
Upon implementation, employees hired after July 1, 2011 shall receive the statutory
PEMHCA minimum towards retiree medical benefits. In addition, employees will be
required to participate in a retiree health savings plan in which the City shall match
the first $25 per pay period.
Employees hired prior to July 1, 2011, with a minimum of five (5) years City service,
shall be eligible to receive up to $500.65 per month based on plan enrollment
towards retiree medical benefits for the retiree only and an additional $437 per
month for pre-65 spousal or dependent coverage subject to vesting. Effective
January 1, 2012, and each year thereafter, the monthly allowances shall be adjusted
by the average premium increase for the plans offered by CalPERS, but the
increase shall not exceed 4% annually.
Employees hired prior to July 1, 2011 that, as of December 31, 2011, have twenty
(20) or more years of CalPERS service or, unit employees that retire by January 1,
2022 with twenty-five (25) years or more of Culver City service shall be
grandfathered into the City’s retiree medical program as described in the 2005 –
2010 CCPMG MOU.
Miscellaneous
Amend vacation accrual schedule to provide for an additional 32 hours annually
upon 20 years of City service.
Amendments in various places of the MOU have been made for administrative ease
and/or clarification.
FISCAL ANALYSIS:
There will not be an immediate savings realized with the creation of a second
retirement tier. However, over the long-term the lower benefit formula will result in a
reduction in the employer contribution rates as turnover in the workforce occurs. City of Culver City, California
Agenda Item Report
Savings from CCPMG employees paying a portion of the employer contribution rate
to CalPERS will phase in over the course of the next three years. By the end of the
contract, the estimated savings to the General Fund are over $110,000 per year.
This savings will increase over time as more turn over takes place.
Implementing a cafeteria plan for benefits is not expected to result in significant
savings in 2012. However, by converting to a specific dollar allowance and
implementing a 4% annual cap on future growth, the City has achieved more
budgetary certainty in these costs moving forward. To the extent that the medical
premiums from CalPERS rise by more than 4% in any given year, the City will
experience on-going savings.
The City has engaged an actuary to complete a valuation of the City’s total liability
for the existing retiree medical benefit. Because the City is not currently doing any
pre-funding of this benefit, the liability for all current retirees and employees was
calculated at over $200 million, with a required annual contribution of over $11
million. Based on current estimates, retiree medical benefit changes negotiated in
the MOU’s reduce the liability and required annual contribution amount by 20%. At
the completion of negotiations with all of the groups, a new actuarial report will be
completed to recalculate the City’s total liability.
ATTACHMENTS:
Resolution with Master Memorandum of Understanding
MOTION:
That the City Council:
Adopt the Resolution approving a four (4) year Memorandum of Understanding
between the City and the Culver City Police Management Group for the period of
January 1, 2012 through December 31, 2015.
MEETING DATE:
AGENDA ITEM;
1 1 /14/1 1
Adoption of a Resolution Approving A Four Year
Memorandum of Understanding with the Culver City Police
Management Group for the Period of January 1,2012
through December 31, 2015
ATTACHMENTS
Pages
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1. Resolution
2. Master Memorandum of Understanding •
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RESOLUTION NO. 2011-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 MANAGEMENT
GROUP AND RESCINDING RESOLUTION NO. 2007-
R042.
WHEREAS, the Culver City Police Management Group 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
January 1, 2012, through December 31, 2015
2. The City Manager and Chief Financial Officer 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 2011.
MICHEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN R. COLE, City Clerk CAROL A. SCHWAB, City Attorney
-1- ARTICLE ONE
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
THE CULVER CITY POLICE MANAGEMENT GROUP
AR:pc4p_pog .
. g:_mp.k.pyANp EMPLOYER RIGHTS
L FARMS TO THE_MEMORANDplyLOF, UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOW, is made by
and between the City of Culver City, California, hereinafter called the "City' and
the Culver City Police Management Group ("PMG"), representing the City's sworn
police management employee classifications of Chief of Police, Police
Captain/Assistant Chief of Police, Police Captain, and Police Lieutenant,
hereinafter called the. "Unit Employees." This MOU is made pursuant to the
California Government Code Section 3500- et seq.
IL RECOGNITION
The City hereby recognizes the Culver City Police Management Group as the
exclusive representative of Chief of Police, Assistant Chief of Police, Police
Captain, and Police Lieutenant, hereinafter called the "Unit Employees."
III. BARGAINING UNIT CHANGES
Any change in the classes which compose the Police Safety Management Group
Employee Unit shall be in accordance with the provisions of the City's Resolution
No. 2008-R009, as amended...
Police Management 2012-2015
2 ARTICLE ONE
IV. NONDISCRIMINATION
A. POLICY
No unit 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 unit employee shall be interfered with, intimidated,
restrained, coerced, employed, promoted, demoted, discharged or in any
way favored or discriminated against because of the exercise of his or her
rights under this MOU or because of political opinions or affiliations, race,
religious belief, age, sex, gender orientation, physical or mental disability,
color, national origin, ancestry, medical condition, marital status and sexual
orientation.
qkpup AGREES,Npr,Tp DISCRIMINATE
In accordance with the above policy, the Police Management Group agrees
not to discriminate against a unit 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 Police Management
Group for any of the above enumerated reasons,
ppg_§ppppqpqNp
A. DUES I INAyi,=,N :cf .,,etTcK . OFF
1 During the term of this MOU and upon compliance with such rules
and regulations as the City may establish, the Police Management
Group dues and insurance plan fees (uniform in dollar amount for all
unit employees) shall be deducted by the City hi-weekly from the
salary of each unit employee who has filed a written authorization on
the appropriate City form that such deduction be Made
2, A fee of ten ($0.10) 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
Police Management 2012-2015 ARTICLE ONE
the charges assessed, shall be remitted to the Police Management
Group.
3. A unit employee may cancel a 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.
B. INDEMNIFICATION
The Police Management Group 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 Article One, Section V of this MOU,
VI. RIGHTS
Empl.pygE RIGHTS
1.
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.
2. Unit employees also shall have the right to refuse to join or
participate in the activities of employee organizations.
3. No unit 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.
Police Management 2012-2015
A.
4 ARTICLE ONE
B. CITY'S RIGHTS
The City reserves the right as to all matters which are necessary to
manage, control, and administer the City's operations including, but not
limited to:
1. Determining the mission of the City's constituent departments,
commissions, and boards;
2 Setting standards of service;
3. Determining the procedures and standards of selection for
employment and promotions, directing employees, taking
disciplinary action;
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;
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 works;
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;
Police Management 2012-2015
5 ARTICLE ONE
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; and
15. Performing all other functions not specifically delegated to
employees elsewhere in this MO . U,
C. Imp .ActpfNIAN,071/4ppyiENT .,.RIpilT§
1, The City agrees to meet and confer with the Police Management
Group over the exercise of these City rights which significantly
impact the terms and conditions of employment,
2. If any provision of Subsection "8" - above is found to be inapplicable
and/or in conflict with a. final decision or decree from a court of
competent jurisdiction,. or State law affecting Culver City, the
remainder of this subsection shall continue in effect,
VII. PAID TIME OFF FOR POLICE MANAGEMENT GROUP REPRESENTATIVES
A. RELEASE TIME
1. Leave of Absence with pay is authorized for representatives of the
Police Management Group to attend conferences, meetings,
institutes, or similar affairs (in addition to meet and confer sessions
with City representatives),
2. Such leave is subject to the prior approval of the Police Chief and
may be denied if approval impacts police operational coverage.
3. Police Management Group business shall not be conducted by on
duty employees unless approved by the Police Chief,
Police Management 2012-2015 ARTICLE TWO
ARTICLE_ II
SALARIES AND COMPENSATION
I. SALARIES
A. SALARY _INITIATIVE
1. The parties agree that salary adjustments for unit employees
covered herein shall be as provided for by the Police and Fire
Initiative Ordinance,
B. .SHORT_TITLE This ordinance shall be known as The Salary Ordinance
for Police Officers and Fire Fighters of the City of Culver City."
C. DEFINITIONS. The words and terms defined in this section shall have the
following meanings in this ordinance:
1_ 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.
2, 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.
3. Salary Rate - each hourly salary listed in the Schedule of Salary
Ranges adopted by Resolution CS-7714, as amended."
D. SALARIES
1. 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
Police Management 2012-2015
7 ARTICLE TWO
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.
2 The salary steps for the clas.sification. 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 LC*
Angeles and the Fire Department of the. County of Los Angeles,.
3. The base monthly salary for all other classifications in the Police
Department shall be set at an amount not less than the
percentages listed below:
Pohl e Classification lary not less tha
Police Sergeant
Police Lieutenant
Police- Captain
Assistant Chief of Police
Chief of Police
Top Step Police Officer + 15%.
Police Sergeant +19%
Police Lieutenant + 15%
Police Captain + 10%.
Police Captain + 2:0%.
Police Management 2012-2015
8 ARTICLE TWO
4. The base monthly salary for all other classifications in the Fire
Department shall be set at an amount not less than the
percentages listed below:
Fire Engineer
Fire Captain
Battalion Chief
Battalion Chief/Fire Marshal
Battalion Chief/Assistant
Chief
Fire Chief
Top Step Firefighter + 15%
Fire Engineer + 15%
Fire Captain + 19%
Battalion Chief + 15%
Battalion Chief + 15%
Assistant Chief + 15%
Notwithstanding subsections 3a. through 3d, of the Salary. Initiative
Ordinance, 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.
6. 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,
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,
Police Management 2012-2015
9 ARTICLE TWO
E. APPLICABLE LAWS
1. Conditions of employment, except the setting of salaries as herein
above stated, are based upon and pursuant to applicable law,
2. 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 Unit Employees 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.
sAwycAk,:qt4LATionl§
1. Effective July 1, 2005, delete the language in the previous PMG
MOU describing the salary calculations.
2. The following language shall continue as set forth in the MOLIS
between the City and the PMG,
3, Continue the intent of the Police Salary Initiative Ordinance to set
Police Officer's salaries at an amount not less than the average of
the base monthly salaries of LA City Police- Officers and LA County
Deputy Sheriff,
4. Only the City Council has the right and the final authority to pay
salaries above the average of LA City and LA County if they so
desire.
Therefore, if the salaries of the Culver City Police Officer are higher
than the average of L,A, City Police Officers and L.A. County
Sheriffs„ no salary adjustments are required until such time that the
Culver City Police Officer salaries fall below the average of L.A.
City Police Officers and L.A. County Sheriffs.
Police Management 2012-2015
1O ARTICLE TWO
6. Then, the salary of the Culver City Police Officers would be raised
to the average of the L.A. City Police Officers and L.A. County
Sheriffs.
7. In accordance with the Salary Initiative_ Ordinance, should the
Culver City Police Officers salaries fall below the average of LA City
Police Officers and LA County Sheriffs, the City Council shall adjust
Culver City Police Officers salaries within thirty (30) days of the
increase from either agency
ci,ARTicArioN,Of Fo . F"pcE§s
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.
n. palm* ASSIGNMENT pAr-,POLIqE LIEUTENANTS,
A, COMPENSATION
All Police Lieutenant unit employees who meet the minimum requirements
to possess a Management POST Certificate, as approved by the Police
Chief, shall receive additional compensation "Special Assignment Pay' of
four percent (4%) above their base hourly rate of pay inclusive of POST
pay.
B. QUALIFICATIONS
Police Lieutenant unit employees that do not currently possess the
minimum qualifications necessary to possess a Management POST
Certificate will be eligible for the "Special Assignment Pay" upon
qualification of a Management POST Certificate, to become effective the
date the Police Chief approves that the unit employee meets the minimum
qualifications to possess a Management POST Certificate
Police Management 2012-2015
11 ARTICLE TWO
PURPOSE
The purpose of the Special Assignment Pay is to:
1. Recognize and compensate Police Lieutenant unit employees for
the diverse special assignments they supervise or perform: during
their tenure as a Police Lieutenant with Culver City; and:
2. Encourage all Police Lieutenant unit employees that do not
possess a Management POST Certificate to achieve the job-related
Management Certificate,
III. EQUIVALENT BIWEEKLYMONTIlLY AND ANNUAL„ RATE
A. EQUIVALENCY
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 (2.on) hours.
3. Equivalent monthly pay rate shall be determined by dividing the
annual rate by twelve (12) months,
IV. FREQUENcY OF, PAYcklEck i§symcg,
A. PAYCHECK ISSUANCE
Unit employees shall be paid bi-weekly, once every two (2) weeks, either
by paycheck or by direct deposit, as elected by the unit employee,
B. MAIL UPON REQUEST
The City will, upon request, mail payroll checks for those employees who
expect to be away at the regular disbursing time.
Police Management 2012-2015
12 ARTICLE TWO
V. RATES OF PAY
The salaried rates of pay for unit employees shall be based on an hourly rate
calculated to the nearest. cent
VI. VOLUNTARY 457_DEFERRED COMPENSATION PLAN
A. VOLUNTARY 457 DEFERRED,COMpENSATION PLAN •
City agrees to provide a deferred compensation plan for unit employees
covered herein pursuant to IRS Code Section 457,
1. Plan specifications and details are deterr, ined . pursuant to IRS
Code Section 4.57 and the organizations providing the investment
and savings program for such deferred: compensation,
2. Plan documents and participation rules under Section 457 are
maintained by and available from the Human Resources
Department.
B. crry ppNTRiBp -rioN TO DEFERRED COMPENSATION
1, The City's maximum. contribution to deferred compensation shall be
one hundred twenty five dollars ($125,00) per pay period.
The maximum City contribution shall only be paid' to unit employees.
contributing a minimum of seventy six dollars and twenty five cents
($76.25) per pay period',
3. The City will contribute a dollar per dollar match for unit employees
that contribute less than seventy six dollars and twenty five cents
($75,25) per pay period
The deferred compensation plan is a benefit, and as such the
contribution by the City on behalf of the unit employee shall not
change the employee's salary classification range.
Police Management 2012-2015
13 ARTICLE TWO
E.
5. Unit employees may, at their option, contribute in excess of the
City's matching contribution per pay period to the plan.
C. CONVERSION OF VACATION HOURS
1. The City will per -mit unit employees to convert the dollar value of
excess accruals of vacation time, which would otherwise be paid to
the employee in his/her paycheck, and prospectively defer the
dollar value of such excess accruals to his/her deferred
compensation account.
2. The Human Resources Department will assist ernployees in
calculating and arranging such deferrals.
D. CHANGING CONTRIBUTION
1. Unit employees may reduce the amount. of their 4i-week1y deferred
compensation contribution at any time with a minimum of two (2)
weeks advance- written notice on the appropriate form to the
Human- Resources Department,
2. Unit employees may increase the amount of their bi --weekly
deferred compensation contribution only during quarterly open
enrollment.
LIMITATIONS
1 The City does not warrant that amounts deposited in the deferred
compensation plans are "qualified' for tax deferral. an=d is not to be
held liable for- such tax payments as, may be determined
assessable.
2. The City retains the right to change plan administrators a.nd
investment vehicles to preserve the integrity of deposited assets,.
but will discuss proposed changes with affected unit employee
organizations prior to making the change,
Police Management 2012-2015
14 ARTICLE TWO
3. If more than one (1) plan is offered, unit employees shall be limited
to participation in one (1) plan at a time.
VII ACTING PAY
„ „
ELIGIBILITY
1. Any permanent or probationary unit employee who is required to,
and does act and perform duties included within a higher
classification and which are broader than the specifications
governing such employee's position shall be paid in accordance
with the step and salary range appropriate for such higher
classification in the event that the hours actually worked during
such acting service is in excess of eighty (80) consecutive
scheduled working hours,
2. During that period of acting service unit employee off on a
scheduled holiday in-lieu day or compensatory day shall be paid at
the acting pay rate for such time,
3. When unit employee has worked: in one continuous acting
assignment in excess of three (3) months, he/she shall receive the.
acting pay rate for vacation, or other paid leaves taken after the 90 th
calendar day.
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,
VIII. POST CERTIFICATE PAY
A, MANAGEMENT POST CERTIFICATE
1. In accordance with POST requirements, Police Lieutenants with
two (2) years experience as a Police Lieutenant, Police Captains,
Assistant Chief of Police and Chief of Police who meet the
minimum qualifications to possess a Management POST certificate,
Police Management 2012-2015
15 ARTICLE TWO
as approved by the Chief of Police,. shall be eligible to receive
fifteen and one-half percent (15,5%) over the base hourly rate of
their classification
2. Effective the first pay period commencing after January 1. 2012, the
compensation for possession of a Supervisory or Management
POST certificate shall increase by two percent (2%), to 17,5%, This
increase is derived as a result of shifting the September 1., 2011
and_ July 1„ 2012 . City of Los Angeles salary increases that are due
under the Salary Initiative Ordinance, The parties mutually agree
that shifting the salary increases into POST shall place the unit
employee.s Base. Monthly Salary at the average of comparable
classifications of the City of LA:* Angeles and County of Los
Angeles,
3. Effective the first pay period commencing after January 1„ 2.012, for
all unit employees hired by the City prior to the adoption of this
MOLL the compensation for possession of a Supervisory or a
Management POST certificate shall be_ in:creased - an additional four
percent: (4%), to 215%. This 4% POST certificate increase is an
advance of future salary increases granted by the County of Los
Angeles and/or the City of Los Angeles, These POST certificate
increases shall be reduced commensurate with any County of Los
Angeles salary increases and any City of Los Angeles increases
exclUding those granted on September 1, 2011 and July 1, 2012,
up to a cumulative total of four percent (4%). Therefore, at the
conclusion of the 4% reduction, the Supervisory and Management
POST certificate shall be 17,5%, and the 4% salary increases shall
be added to PMG base monthly salary in accordance with the
Salary Initiative Ordinance.
B. LIMITATIONS
1. This extra compensation shall be awarded only for the highest
achieved POST Certificate as specified in the above section.
Police Management 2012-2015
16 ARTICLE TWO
2. The minimum specified standards shall be at least those prescribed
by POST as of the effective date of this agreement.
C. TRANSFER OF POST CERTIFICATE PAY UPON PROMOTION TO
POLICE MANAGEMENT (PERSABLE)
All sworn Police employees who are already or will be promoted to a
Police. Management Classification (Police Lieutenant Police Captain,
Assistant Police Chief or Police Chief) will receive POST Certificate Pay for
the POST Certifi.cate they possess (Advanced. or Supervisor) not to
exceed the value, of the Management POST Certificate Pay as set forth
above
Police Management 2012-2015
17 ARTICLE THREE
ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
1. EXEMPT F • OVERTIME
EXEMPT
All Police Management positions covered herein are considered exempt
from the overtime provisions of the Fair Labor Standards Act (FLSA),
B. UNDERSTANDING
The Police Management Group understands and agrees it is the nature of
Management work assignments that some incidental overtime may be
periodically required to accomplish City functions,
SCHEDU LES
A. ciTy WORK Sc#EDIII7ES
The work schedule for unit employees shall be defined as follows:
411.0 Work Schedule
The 4/10 work schedule shall consist of a forty (40) hour week schedule
consisting of four (4) consecutive days of ten (10) consecutive paid work
hours each in a seven (7) consecutive calendar day period. Each work
shift shall be inclusive of paid breaks and one paid 30-minute meal period,
MODIFYING WORK SCHEDULES
...
Modification to work schedules may be made by meeting and conferring
with the City and Police Management Group representatives,
B. ADJUSTING vvpqK sqi-lpqr7g§
Police Management employees may adjust their work schedule as
approved by the Police Chief or designee
Police Management 2011-2016 PMG
City
18 Police Management 2011-2016 PMG
ARTICLE FOUR
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. RETIREMENT
A PERS RETIRMENT 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 SECnoN BENEFIT
For unit employees
hired on or after January 1.2012:
Three Year Final Compensation: Final
compensation is the average full-time monthly pay
20037 rate for the highest thirty-six (36) consecutive
months.
For unit employees
hired prior to January 1, 2012:
One-Year Final Compensation: Final compensation
20042
is the average full-time monthly pay rate for the
highest twelve (12) consecutive months,
20055 Prior Service Credit: Unit employees may be
eligible to purchase prior service credit.
City
19 ARTICLE FOUR
GOVERNMENT
CODE SECTION BENEFIT
Military Service Credit: Unit employees may elect to
21042 purchase up to four (4) years of service credit.
Two percent (2%) COLA: Beginning the 2"d
21329 calendar year after the year of retirement,
retirement and survivor allowances will be adjusted
annually on a compound basis of two percent (2%);
the adjustment may not be greater than the change
in the CPI.
3% at Age 55: Base retirement plan of three
21363.1 percent (3%) at age 55 for all unit employees hired
on or after January 1,2012.
3% at Age 50: Base retirement plan of three
21362.2 percent (3%) at age 50 for all unit employees hired
prior to January 1,2012.
Pre-retirement Option 2: Upon the death of a
21548 member who was eligible to retire, the spouse may
receive an allowance equal to the amount the
member would have received if the member had
retired for service retirement on the date of death
and elected Option 2W.
21574 Fourth Level of 1959 Survivor Benefits
21624 — 21626 Post-Retirement Survivor Allowance
Police Management 2012-2015
20 ARTICLE FOUR
CITY PAID NINE PERCENT (0% .) PERS EMPLOYEE RETIREMENT
CONTRIBUTION
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.
pERS Benefit Provided by Goverrinlent Code section 20636 (c1 (41
Effective January 1, 2012, pursuant to Government Code section 20636 (c)
(4), the City shall continue to pay and begin reporting to CalPERS as
compensation earnable the monetary value of contributions, known as
"employer-paid member contributions", paid by the City on behalf of each
unit employee.
In the event that legislation prohibits public agencies from paying any
portion of the employees' required CalPERS member contribution and/or
reporting as compensation earnable to CalPERS the monetary value of
employer-paid member contributions such that members' final
compensation is augmented by the value of the employer-paid member
contributions, the parties agree to concomitantly increase Supervisory and
Management POST certificate pays by 3% in lieu of City paying for such
contributions and thus participating in Government Code section 20636 (c)
(4), terminating any cost sharing pursuant to subparagraph D, below, and
having all unit employees pay their share of employees' required CalPERS
member contributions.
Unit employees hired after January 1, 2012 shall be responsible for the 9%
payment of the PERS member contribution rate and shall not be subject to
Government Code section 20636 (c) (4).
The City hereby adopts the provisions of 1RC Section 414(h)(2). Any
payment or pick up of required member contributions set forth in this
Section shall be regarded as "pre-tax" in accordance therewith.
Police Management 2012-2015
21 ARTICLE FOUR
C. SOCIAL SECURITY EXCLUDED
This does not include Social Security nor any special or additional
contribution to PERS contracted for by the employee.
D. cor.:T §tiARING
In accordance with Government Code 20516 (f), unit employees shall
share the costs of optional benefits as follows. Participation in Cost Sharing
shall be mandatory and said contributions shall be designated as employee
contributions.
• Effective the first full pay period after January 1, 2012, unit
employees shall pay a total of 4% of the PERS employer
contribution rate;
• Effective the first full pay period after January 1, 2013, unit
employees shall pay an additional 3%, for a total of7c/o of the PERS
employer contribution rate;
• Effective the first full pay period after January 1, 2014, unit
employees shall pay an additional 2%, for a total of 9% of the PERS
employer contribution rate.
E. TAX LIMITATIONS
Cost Sharing contributions shall be made on a pre-tax basis unless and
until a Private Letter Ruling (PLR) by the Internal Revenue Service is
issued to the City by the Internal Revenue Service designating that the
payments must be post-tax.
The City does not warrant that this contribution is "qualified" for tax deferral
and is not to be held liable for such tax payments as may be determined
assessable.
The City has retained specialized legal counsel in order to render a written
opinion as to whether or not said employee contributions to the employer
contribution rate can be considered on a "pre-tax" basis. The rendered
legal opinion is supportive of City treatment of said contributions as "pre-
tax"; therefore, the City shall take the steps necessary, including adoption
Police Management 2012-2015
22 ARTICLE FOUR
of appropriate City Council resolution(s), to allow the Payroll Section to
treat these distributions as "pre-tax". It is expressly understood and agreed
to by the parties that the City has no authority or jurisdiction by which to
bind CalPERS, the Internal Revenue Service (IRS), the Franchise Tax
Board or any other agency (collective "Entities") to a determination that
such contributions are indeed "pre-tax". Thus, the parties agree and
acknowledge that the City shall have no liability to any individual unit
employee or collective bargaining unit, should any of the aforementioned
Entities reject treatment of said contributions as "pre-tax".
PRE-RETIREMENT DISTRIBUTIONpF LEAVE _ ACCRUALS 7 NON7
PERSABLE
,IRREVOCABLE_ NOTICE
A unit employee giving irrevocable notice of his/her intent to retire within
three (3) years (36 calendar months) may have accrued leaves (which are
otherwise payable upon retirement) distributed in equal installments to
his/her paychecks over the months preceding retirement, with a minimum
duration of six (6) months and a maximum duration of thirty-six (36)
months.
B. DISTRIBUTIONS
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.
NCIN-PERs.41B,LE
Such distributions are not reportable to PERS as compensation and will
not affect PERS retirement benefits.
IV. MEDICAL INSURANCE
A. MEDICAL INSURANCE — PERS NIEDICAL PLANS
Police Management 2012-2015
A.
23 ARTICLE FOUR
The City contracts with the Public Employees' Retirement System (PERS)
for medical insurance coverage. Eligible new hires are covered under the
program on the first day of the month following enrollment. Effective
January 1, 2012 the City will contribute the Public Employees' Medical and
Hospital Care Act (PEMHCA) statutory minimum on behalf of each
participant in the program. A participant is defined as 1) an enrolled
employee and eligible dependents 2) an enrolled retiree and eligible
dependents and 3) a surviving annuitant. The PEMHCA statutory
minimum for 2012 is $112 per month. Inclusive of the statutory minimum,
flexible benefits shall be provided as follows.
The City and PMG must mutually agree in writing to change from PERS
Health Care to another health care plan.
It is understood that no significant changes in benefit levels will occur
without meeting and conferring with PMG.
B. CAFETERIA PLAN
The City shall implement a full flex cafeteria plan in accordance with IRS
Code Section 125 for all active employees. Unit employees participating in
the City's full flex cafeteria plan shall receive a monthly flex dollar
allowance to purchase benefits offered under the full flex cafeteria plan.
The following health care benefits shall be offered through the cafeteria
plan: medical, dental, vision and life. The monthly dollar allowance, which
is inclusive of the statutory PEMHCA minimum, shall be:
Employee only: $ 642.00
Employee + 1: $ 1,103.00
Family: $ 1,370.00
The monthly flex dollar allowance may be used in accordance with the
terms of the cafeteria plan to purchase benefits offered under the cafeteria
plan and other supplementary products. After the mandatory insurance
has been purchased, the employee has the option to waive the other
benefits and have the excess flex dollars converted to taxable income or
purchase other supplementary products.
Police Management 2012-2015
24 ARTICLE FOUR
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.
Effective January 1, 2012 and each January 1, thereafter, the City will
increase its contributions to employees' flex cafeteria plans by the average
increase of the PERS monthly health insurance premiums under plan,
capped at 4% per year, plus 100% of the cost of HMO dental, vision and
life insurance. The average increase in PERS monthly health care
premiums shall be calculated by subtracting the average cost of premiums
for all available City-offered CalPERS health-care plans for the current
year from the average cost of premiums for all available City-offered
CalPERS health-care plans for the upcoming year. If this percentage is
less than 4%, then the City allowances shall be increased by that actual
percentage. If this percentage equals or exceeds 4%, the City allowances
shall be increased by 4%. If there is a year where the average premium
increase is 0%, or there is an overall decrease, the City contribution shall
not be adjusted.
MEDICAL INSURANCE PREMIUMS - OPT-OUT/CASH OUT OPTION
( 119N7PP3§AT7q,
Unit employees may elect to discontinue participation in (i.e., "opt out") the
PERS Health Plan medical insurance coverage. The intent of this
provision is to share premium savings that the City will derive as a result
of a unit employee canceling City coverage.
O. PROOF OF
COVERAGE: I
WAIVE CITY LIABILITY
Unit employees electing to waive City medical insurance coverage for
themselves and any eligible family members must provide proof of
coverage through another benefit plan (e.g., spouse's coverage), and
must waive any liability to the City for their decision to cease coverage
under the City's medical insurance plan.
Police Management 2012-2015
25 ARTICLE FOUR,
E OPT-OUT
Upon proof of other coverage, unit employees who "opt-out" shall be
allotted the value of single-party flex dollars toward other items in the full
flex cafeteria plan or convert it to taxable income.
F. EMPLOYEE _SPOUSES!_ REGISTERED DOMESTIC PARTNEFAS/
DEPENDENTS
1. For medical insurance plans, when a unit employee is the spouse
of another benefited City employee, the affected employees shall
have the option of:
• Each employee have a flex dollar amount of a single
employee; or
• one (1) employee may select a plan and list the spouse as a
dependent under the two-party or family coverage, as
applicable and the remaining employee may opt-out as
outlined above.
2. Dependents of City employees, that are also employed by the City,
may not participate in opt out unless he/she is able to provide proof
of coverage through another (non-City) benefit plan.
RE-ENROLLMENT
q`igiTY_NIEDIcM7,
INSURANCE
PPV4
1. After electing to opt out, 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. Employees shall
be re-enrolled per the Cafeteria Plan as provided in Article Four
Section V.B.
2. A qualifying event shall be defined as set forth in the PERS Medical
Plan and the City's Cafeteria Plan document, a copy of which is
available to unit employees in the Human Resources Department.
Police Management 2012-2015
26 ARTICLE FOUR
H. RETIREE MEDICAL INSURANCE
1. The City's monthly contribution for medical insurance provided
through the PERS Health plan, for employees that retire on or
before December 31, 2011 or "Grandfathered" employees, shall be
as follows:
All plans except PERSCare:
• City shall pay ninety-five percent
(95%) of the monthly medical
plan premium; and '
• Retirees shall pay five percent
(5%) of the monthly medical
plan premium.
PERSCare Plan:
• City shall pay seventy
percent (70%) of the
monthly PERSCare
premium; and
• Retirees shall pay thirty
percent (30%) of the
monthly PERSCare
premium.
"Grandfathered employees" is defined as unit employees that, as of
December 31, 2011, have twenty (20) or more years of CalPERS
service (excluding "Air Time") or, unit employees that retire on or
before January 1, 2022 with twenty-five (25) years or more of Culver
City service. In addition, an employee who promotes into PMG and
has completed three (3) or more months as an acting Lieutenant by
January 1, 2012, shall have the option of being either a
"grandfathered employee" if he/she meets the program criteria,
above, or continuing to receive the Longevity Retiree Medical Stipend
as described in the 2011 — 2014 CCPOA MOU.
All other unit employees that promote into the Police Management
Group (PMG) from the Culver City Police Officers' Association
(CCPOA) shall continue to be eligible to receive the Longevity Retiree
Medical Stipend as described in the 2011 — 2014 CCPOA MOU.
Police Management 2012-2015
27 ARTICLE FOUR
2. The City's monthly contribution for medical insurance provided through
the PERS Health plan, for employees hired prior to July 1, 2011 that
retire on or after January 1, 2012, shall be as follows:
Upon retirement with a minimum of 5 years City service, employees
who were hired prior to July 1, 2011 shall be eligible to receive,
inclusive of the PEMHCA minimum, up to $500.65/mo based on plan
enrollment for retiree only; and pre-65 spousal/dependent coverage
shall be provided up to an additional $437.00/mo subject to vesting.
Vesting for pre-65 spousal/dependent coverage is contingent upon
the employees' years of City service at retirement such that the
additional amount for pre-65 spousal/dependent coverage vests as
follows: 6 years = 20%, 7 years = 40%, 8 years = 60%, 9 years =
80%, 10 years = 100%). Upon retirement with 10 or more years of
service, 100% of the pre-65 spousal/dependent coverage is vested.
The City's contribution towards retiree and pre-65 spousal/dependent
coverage shall increase January 1, 2012 and each January 1
thereafter in the same manner and by the same percentage increase
as Active medical insurance.
3. The City's monthly contribution for medical insurance provided
through the PERS Health plan, for employees hired on or after
July 1, 2011 shall be as follows:
Upon retirement, employees shall be eligible to receive a City
contribution for retiree medical in accordance with the minimum
established by Government Code 22892. The statutory minimum
amount for 2012 is $112/mo.
4. For all City employees regardless of date of hire, effective July 1,
2012, or as soon as implementation can occur; the City shall make
available a retiree health care trust (RHS) to enable employees to
prefund retiree health care expenses while employed by the City. The
City shall match the first $25 per pay period of the employee
contribution to the RHS. The individual accounts can be utilized after
separation of service for reimbursement of all qualified medical
Police Management 2012-2015
28 ARTICLE: FOUR
expenses, including insurance premiums, in accordance with IRS
Section 213. Employees who separate from City service for any
reason shall be eligible to receive the full amounts in the RHS at the
time of separation. The Retiree Health Savings Trust shall reimburse
expenses in accordance with the Internal Revenue Code. PMG
understands that changes to contributions and/or disbursements from
the RHS can change at any time pursuant to federal laws and
regulations.
V. DENTAL INSURANCE
1. The City shall continue contracting for the current dental insurance
program. Any alternate program must provide substantially identical
benefits, unless otherwise agreed by the parties during the meet and
confer process. All unit employees shall be eligible to enroll qualified
dependents and will pay the premium costs for such enrollment through
the full flex cafeteria plan.
2. For dental insurance plans, when a unit employee is the spouse of
another benefited City employee, the affected employees shall have the
option of:
• individual coverage; or
• one (1) employee may select a plan and list the spouse as a
dependent.
VL VISION CARE INSIRANCE
1. The City shall continue contracting for the current vision insurance
program. Any alternate program must provide substantially identical
benefits, unless otherwise agreed by the parties in the meet and confer
process. 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
Police Management 2012-2015
29 ARTICLE FOUR
• one (1) employee may select a plan and list the spouse as a
dependent.
VII. LIFE INSURANCE
The City shall continue contracting for the current program for Term Life
Insurance Group coverage of $50,000. Any alternate program must provide
substantially identical benefits, unless otherwise agreed by the parties in the
meet and confer process.
VIII. CITY RIGHTS CONTENT AND CONTRACTORS
1. The City retains the exclusive right to determine the content and
contractor(s) for dental, vision and life insurance plans, and any other
employee benefits except as otherwise provided for in this MOU,
2. The City agrees to consult with representatives of PMG over any City-
proposed change in the benefit levels of dental, life or vision care
insurance during the term of this agreement.
3. It is understood that no significant changes in benefit levels will occur
without meeting and conferring with PMG.
oc IRS ,§!cpp!.4 125, FLEXIBLE SPENDING ACCOUNT
The City provides a flexible spending account for medical expenses and
dependent care, pursuant to Section 125 of the Internal Revenue Service Code
(Section 125), as amended. Under Section 125, the maximum annual amount an
employee may contribute on a pre-tax basis is statutorily set.
Pursuant to Section 125, employees may contribute pre-tax earnings into these
accounts. The medical expense contribution may be used for reimbursement of
medical expenses such as deductibles, co-pays and expenses in excess of what
insurance covers. Dependent care expenses may not be reimbursed until after
they are actually incurred - i.e., after the care has been provided, and not when
the participant is formally billed. Reimbursable dependent care expenses are
non-health care expenses that include insuring a qualified dependent's well-
being and protection. Qualified dependents are children under age 13, disabled
Police Management 2012-2015
30 ARTICLE FOUR
spouses and other dependents who are physically or mentally incapable of self-
care, and who regularly spend at least eight hours each day in the taxpayer's
household.
Pursuant to Section 125, eligible reimbursable expenses must be incurred within
the calendar year, January 1 st through December 31 st, and must be submitted for
reimbursement no later than March 31 st of the following calendar year. Receipts
submitted after March 31 st in the following calendar year shall be forfeited.
There are other limitations and restrictions set forth by the Internal Revenue
Service.
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 approved
by the Chief of Police or designee.
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.
Police Management 2012-2015
31 FiscalYear
ARTICLE. FOUR
XI. PHYSICAL WELL-BEING
A. PURPOSE
The parties agree that the physical well-being of an employee is a mutual
benefit to the City and the employee.
B. REIMBURSEMENT
i. Police Management employees, as conditions of their employment,
may be required to undergo an annual physical examinations at the
City's expense.
ii. If the Human Resources Director and the Police Chief agree that
the annual physical examination is optional, the Police
Management unit employee may elect to waive the annual physical
examination appointment and request reimbursement for up to four
hundred dollars ($400) per fiscal year as set forth in B(3) as follows.
iii. The City agrees to make available to each unit employee, by
means of reimbursement once each fiscal year, the following
amounts (non-PERSable):
iv. The Physical Well-being benefit shall be used for one (1) or more of
the following purposes:
a. Medical examination by the health provider of the
employee's choice.
Police Management 2012-2015
32 ARTICLE FOUR
b. Membership in a health club or fitness center.
c. Other formal wellness programs provided by professionals
(smoking cessation, weight control, nutrition, or similar
programs).
d. Reimbursement for employee or eligible dependent medical
expenses (deductibles or co-payments) not covered by the
employee's health, dental or vision insurance.
v. Reimbursement to the unit employee for his/her expenditure for one
(1) or more of the above purposes shall be accomplished by
submitting eligible receipts once-a-year and a request for
reimbursement (Requisition) through the department head to the
Accounting Division.
C. FUNDING! CARRY-OVER
i. Funding for this program will be carried in each department budget
in an amount sufficient to cover the number of eligible Management
employees within the department.
ii. Unused funds may be carried over from one (1) fiscal year to the
next fiscal year only as set forth in the following table:
Fiscal Year
July 1st - June
301
2012 — 2013
2013-2014
2014 — 2015
2015— 2016,
Benefit
Amouril
$400
$400
$400
$400
Maximum Amourt
(Prior fiscal year carry-ove
plus current fiscal yea
. . -
benefit amount)
$ 800 ($400 + $400)
$
800 ($400 + $400)
$ 800 ($400 + $400)
$ 800 ($400 + $400)
Police Management 2012-2015
33 ARTICLE FOUR
iii. Each eligible unit employee and his/her department are responsible
for maintaining the records necessary to implement a carry-over.
XII. TUITION REIMBURSEMENT
.
The City agrees to reimburse unit employees up to one hundred dollars
($100) per applicable accredited college unit, plus the actual cost of books,
registration fees and parking permit fees, pursuant to Administrative Policy
11-08 as Amended.
XIII. UNI,FORM ALLOWAN .c . E
A. ANNUAL...UNIFORM, ALLOWANCE
The City will provide all unit employees an annual lump-sum payment of nine
hundred and fifty dollars ($950.00) in the first paycheck in January each year
for uniform replacement and maintenance for the upcoming calendar year.
B. tpq . .pf_FF!pmpTp,pqmp,mpt,NApwNT_ ...g : MPLOyEE
An employee newly promoted on or after the effective date of this Agreement
shall be eligible for reimbursement up to three hundred twenty-five dollars
($325) to provide one dress uniform (those items determined by the Police
Chief which are not part of the uniform required prior to promotion). Such
reimbursement shall be made at the successful completion of the
probationary period.
C. PERSApLE,7 UNIFORM ALLOWANC E
The value of uniform allowances shall be reported to PERS as
compensation as required by law.
XIV. Si=kFITy EQUIPMENT
The City will furnish and replace, as needed, all items of safety equipment
required under the applicable sections of the Government Code. Safety
equipment items purchased by the City pursuant to this section are and at all
times shall remain City property and shall be returned to the City upon termination
of employment with the Culver City Police Department.
Police Management 2012-2015
34 ARTICLE FIVE
ARTICLE AVE
LEAVES OF ABSENCE
poucy
A. 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, ‘1.1 . 4 At NpR e pp .p .ggF9R,4:4 .Art. g§
A. p±,ccumpLATIqrs,LpF k_ :!AyE
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 accrue leave benefits
when on any authorized leave with pay.
B. USE OF LEAVE
1. Leave shall be taken in multiples of one half (%) hour.
2. Upon approval, unit employees can take up to the total
amount of accumulated leave credit.
3. Charges against vacation or sick leave credit accrual shall
be made for only regularly scheduled work day hours.
C. ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave
accrual may be approved for use by the Police Chief and City
Manager.
Police Management 2005-2010 PMG
City
35 ARTICLE FIVE
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.
2. Wherever 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.
3. When conditions prevent a prior request, the unit employee,
upon return from said leave, may be required to file a report
explaining the conditions which prevented a prior request.
E. FAILURE TO FILE A. PRIOR LEAVE REQUEST
Failure to file a prior request, in the absence of extenuating
conditions, shall be grounds for disciplinary action.
III. N.-.!_ty OF ti .9i4i*ys
A. BI-WEEKLY ACCRUAL RATE
The biweekly, annual and maximum rates are as follows:
Biweekly
accrual t'ate
4 hours
Annual
accrual rate
104 hours
avow
accrual rate
104 hours
(104 hours / 26 pay
periods)
(26 pay periods X 4
hours)
Police Management 2012 — 2015
36 ARTICLE FIVE
B. BI-WEEKLY HOLIDAY 1N-LIEU PAY
Unit employees shall be paid each biweekly pay period on a pro-
rated annual basis for all in-lieu holiday hours accrued in excess of
one hundred and four (104) hours and is PERSable.
C. ACCRUAL BALANCE NOT TO pccEp MAXIMUM ANNUAL
1N-LIEU OF HOLIDAYS
1, A balance not to exceed the maximum annual accrual of
one hundred and four (104) hours of in-lieu holiday may be
maintained by the unit employee.
2. Accruals which would exceed this maximum balance will be
paid to the affected unit employee as accrued.
3. If time is taken off to reduce the individual employee's
balance to less than the maximum, he/she can accrue once
again to the maximum allowable.
PAYOFF_ UPPN SEPARATION _FROM EMPLOYMENT ANON -
EE .J. 1
Upon separation from employment, all unused in-lieu holiday time, up to
the maximum, or one hundred and four (104) hours, will be paid to the
unit employee and is non-PERSable.
V. vAct n TiqN LEAVE
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 of
employment with the City, 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.
Police Management 2012 — 2015
IV.
A.
37 192 hours, plus
8 hours per year
of service over
twenty (20) years
160 hours
ARTICLE FIVE
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.
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 9 .! y,kcAppl .±4 LEAVE BENEFIT
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:
SIn thru
10 Year
120 hours
thru 19 20th Year and
Year thereafter
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
Police Management 2012 —2015
38 ARTICLE FIVE
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.wpq,r PAYOFF C F pccEsp, vAcATigN, ,!!kccRivt!7, s
NP.,!n 1 :7F!PIW31.7.,
Vacation time which accumulates in excess of the maximum
allowed each unit employee, shall be paid in cash (non-
PERSable) on the next regular bi-weekly paycheck, thereby
bringing the employee's vacation balance to no more than the
maximum allowable (except as provided in this Article).
G. vAcAn,q1, pAypff UPON 7gRmiwg:}N
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.
It shall not be necessary to carry such unit employee on the
payroll for the vacation period.
VI. SICK LEAVE
A. ELIGIBILITY, FOR slcic 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:
Police Management 2012 —2015
39 3.693 hours
ARTICLE FIVE
Monthly accrual
rata
8 hours
POW1
accrual rate
96 hours
(96 his /26 pay periods)
C. aNp vjERIF,IcAmpNi, pp' Wk. LEAVE
1. Sick leave may be taken in increments of one (1) hour or
more.
2. With proper verification, sick leave may be allowed for:
• Personal illness or injury of the unit employee;
• Authorized Emergency Leave;
• Serious illness of the employee's spouse, State
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. Vacation time may not be used for disapproved sick leave.
4. The responsibility for proving the validity of a request for
sick leave shall be upon the unit employee.
5. 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.
6. At the end of the second day of sick leave, the Police Chief
or designee may request a medical certificate from a
qualified physician, chiropractor or practitioner.
Police Management 2012 — 2015
40 Tier I
Maximum
Accrual Accumulati
Rate
l• •
on
384 hours 3.693
hours
1.85 hrs X hourly rate
13/.
akly
1.85 hours
AO:0ot of I
woOkitSick
1-04tVe Ak0000.
1.
ARTICLE FIVE
7. Upon return to duty, the unit employee shall present
evidence of the necessity of sick leave, if so requested by
the Police Chief or designee.
D. BI-WEEKLY PAYOFF PLAN: UNUSED SICK LEAVE ACCRUAL
(N9N-PERS,ABLP
When a unit employee has accumulated three hundred and
eighty-four hours (384) hours of unused sick leave credit,
the unit employee will, thereafter, be eligible for payment in
each pay period for a portion of the unused sick leave
accrued during the preceding pay period, subject to the
following conditions:
TIER
SICICLEAVE .,:PAYOFFArTHREE KINPREWN
(484) HOUW:
O EIGHTY FOUR
(1/2 [50%] of bi-weekly
accrual rate of 3.693
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 his/her sick leave accruals again exceed three hundred
and eighty four (384) hours.
Police Management 2012 — 2015
41 TIER 2:
SICK LEAVE PAYOFF AT SEVEN HUNDRED AND TWENTY (720)
HOURS
Tier
Maximum
Accumulation
Aniouilt of
weekly Sick Leave
Payoff
ait 75%
Amount of Bi-
weekly Sick
Leave
Forfeited@ 25i
3.693
hours
720 hours 2.7 hrs X hourly
rate
.92 hours
ARTICLE 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.
3. 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 I table above.
a. The remaining unused sick leave in each period
shall be added to the unit employee's accruals up to
the seven hundred and twenty (720) hour maximum.
b. Unit employees at the maximum accrual of seven
hundred and twenty (720) hours, or who reach a
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:
(3/4 [75%] of bi-
weekly accrual rate
of 3.693 hours)
Police Management 2012 — 2015
42 ARTICLE FIVE
E. SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
, _ ,
FAVORABLE RESIGNATION - (NON PERSABL.E)
. _ . ,
1. 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.
2. With retirement or favorable resignation after 10 years (120
months) or more years of City service, all accumulated sick
leave accruals will be converted to the unit employee's
vacation leave accrual bank.
SICK LEAVE DEATH OF AN pmF17.crTEL-
NoN7ppsp ±pL7E
1. Upon a unit employee's death, his/her beneficiaries or
estate shall be entitled to receive the same accumulation
and conversion benefit payoff as the unit employee would
have received were he/she alive and had favorably
resigned or retired.
2. Any payoff under this benefit is non-PERSable.
VII WORKERS comp- -N . pN
A. ELIGIB,ILITY . LABOR pppg p :prcpp#4.qg
When a unit employee covered herein is injured in the course of
employment and unable to work, he/she may be placed on a paid
leave of absence pursuant to the Worker's Compensation laws of
the State of California and Labor Code Section 4850 ("4850 time").
B. EXPIRATION OF 4.850 TIME
If a unit employee is medically unable to return to work after
expiration of their 4850 time, the unit employee may supplement
temporary disability payments with their accrued sick leave, holiday
in-lieu time, and accrued vacation leave, if any, to continue on paid
leave.
Police Management 2012 - 2015
43 ARTICLE FIVE
C. EXPIRATION OF TEMPORARY DISABILITY PAYMENTS
When a disabled unit employee's temporary disability payments
stop, the unit employee may elect to utilize accrued accumulated
sick leave, holiday in-lieu time, or accrued vacation leave, if any,
credits to continue on paid leave, subject to normal deductions.
D. DISABILITY RETIREMENT APPLICATION
The City or affected unit employee may initiate a disability
retirement application subject to PERS law.
VW. MISCELLANEOUS LEAVES WITH PAY
A. BEREAVEMENT . k .,p4y.p
1. Any unit employee who is compelled to be absent from
duty because of a death in the immediate family shall be
allowed time necessary to be absent with pay for the
equivalent of the employee's regular work schedule, not to
exceed forty (40) hours per incident without deduction from
accrued sick leave or vacation.
2. Immediate family is defined as follows:
• Brothers • Sisters
• Children • Spouse
• Child's Spouse • Spouse's Brothers
• Grandchildren • Spouse's Grandparents
• Grandparents • Spouse's Parents
• Parents • Spouse's Sisters
• Registered Domestic • Stepchildren
Partner
• Stepparents
• Siblings Spouse
Police Management 2012 —2015
44 ARTICLE FIVE
3. If additional leave time is required, the unit employee may
request sick leave, or vacation time.
4. 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.
5. 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.).
6. 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. pmpRp...p.Ncy LEAVE
1. An emergency leave of absence with pay may be granted
by Police Chief 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 twenty-
four (24) working hours within any calendar year.
3. Verification of all emergency leaves may be required by
Police Chief or designee.
C. JURY DUTY LEAVE
1. A unit employee called to active jury service during
scheduled work days shall receive his/her regular
Police Management 2012— 2015
45 ARTICLE FIVE
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, or to another
schedule compatible with employee and department
interests.
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 include 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.
Police Management 2012 - 2015
46 ARTICLE FIVE
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 Chief or designee 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 pF,Ap§cf
Military leave with pay shall be granted in accordance with
applicable state law, federal law and municipal law, and applicable
City policies.
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
leave from their jobs, with or without pay, as may be
necessary to participate in school activities such as parent-
Police Management 2012 — 2015
G.
47 ARTICLE FIVE
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 Chief 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. 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. pi=wpFF OF ACCRUALS uppN_pwfri OF AN w,ip:NteE-
No.N 7PERsA144
When separation is caused by the death of a unit employee,
separation pay and other accrued moneys owed shall be paid
(non-PERSable) to the designated beneficiary, or the estate if no
beneficiary, of such employee as filed with the Human Resources
Director.
IX. LEAVES OF ABSENCE WITHOUT PAY
A VOLUNTARY LEAVE WITHOUT PAY
1. Any unit employee is entitled to present to Police Chief or
designee 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.
Police Management 2012 — 2015
48 ARTICLE FIVE
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
Chief 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.
B. CITY INITIATED LEAVE WITHOUT PAY
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 or has a break in
service of more than sixty five percent (65%) of the working
hours in the biweekly period.
2. A unit 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.
X ., Fmg,y AcT (FmLA)_ AND , cAuFpFtNyk_FAMILy
RIGHTS ACT (cFRA)
A. GENERAL INTENT
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.
Police Management 2012 — 2015
49 ARTICLE FIVE
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
the 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.
B. ELIGIBILITY FOR RICA AND CFRA
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, registered domestic partner, or
parent with a serious health condition;
• The employee's own serious health condition; or
• Any qualifying exigency arising out of a spouse, child or
parent called to active military duty
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.
Police Management 2012 — 2015
50 ARTICLE FIVE
C. EMPLOYEE RIGHTS UNDER FMLA
1. The maximum amount of leave shall be twelve (12) weeks
in a twelve (12) month period.
2. The twelve-month period is rolling, and is measured
backward from the date leave is used.
3. Leave may be taken as days off, or intermittent or modified
work schedules.
4. The unit employee is guaranteed a return to his/her
position at the end of approved leave as provided for under
the FMLA policy.
5. During the 12-work week FMLA period, the City shall
maintain the employee's medical, dental, life and vision
care insurance in the same manner that was applied before
the FMLA leave was taken.
D. APPROVAL FRpegss FOR FritgA
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 eligible 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.
E. pRIVACY_UNDER FMLA
For privacy reasons, the City may not require specific medical
diagnosis of any unit employee or eligible and qualified family
member's health condition.
F. USE OF ACCRUALS WHILE ON FIALA
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.
Police Management 2012 — 2015
51 ARTICLE FIVE
G. EXPIRATION OF FMLA
Upon expiration of FMLA, if the unit employee remains on leave,
he/she shall be responsible for maintaining his/her insurance
benefits, either by use of sufficient accrued paid leave or by
payment of the required premiums.
viEGNANcy LEAvE PoL
A. pRgy!ftpN,
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.
5. FMLA shall run concurrently with Pregnancy Disability
Leave.
XII. UNAUTHORIZED LEAVE / ABANDONMENT OF POSITION
A. PROVISIONS
1. A unit employee absent without authorization for three (3)
or more consecutive work shifts, and who fails to contact
the Police Chief or designee 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.
Police Management 2012 — 2015
52 ARTICLE. FIVE
2. The unit employee shall be notified by Police Chief or
designee 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 Chief or designee
prior to the end of the notification period.
Police Management 2012 — 2015
53 ARTICLE SIX
ARTICLE SIX
WORKING CONDITIONS
I. GRIEVANCE
A unit employee grievance shall be processed as provided for in the
City's Civil Service Rules.
II. DISCIPLINE
Disciplining of unit employees shall be as provided for in the City's Civil
Service Rules.
tn. SAFETY Ru,L7fp.
A. PURPOSE
1. It is of mutual benefit to the City and to the Police
Management employees 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.
Police Management 2012 - 2015
54 ARTICLE SEVEN
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM
This MOU shall be effective January 1, 2012, except as otherwise
provided herein, and together with all the terms, conditions and effects
thereof, shall expire at midnight December 31, 2015.
H. EMERGENCY vymvpR
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 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
Management Group 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.
SEVERABILITY pRpyl,wN
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 Police
Management Group agree to meet and confer in good faith to determine
an alternative equivalent article, section, subsection, subdivision,
sentence, clause, phrase, or provision.
ciyik., SERVICE_ RULES / CITY POLICY
The parties agree that all conditions of employment, as they pertain to
unit employees covered by this MOU, subject to meet and confer,
Police Management 2012 — 2015
55 ARTICLE. SEVEN
provided for by the City's Civil Service Rules, Ordinances, Resolutions,
Departmental Rules and Regulations, or Policy Statements in effect prior
to the date of this MOU unless specifically provided for to the contrary in
this MOU shall remain in force and effect during the term of this MOU.
Any conflicts with the City's Civil Service Rules, Ordinances, Resolutions,
Departmental Rules and Regulations or Policy Statements shall be
considered to have been superseded by this MOU.
FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT — WAIVER OF MEET AND CONFER
1. The intent and purpose of this Master MOU is to identify and
incorporate all the covenants, stipulations and provisions
previously agreed upon by the parties.
2. Therefore, for purposes of the MOU, neither party shall be
compelled to meet and confer with the other concerning any
issue, 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.
3. If either party feels that a relevant provision was
inadvertently omitted from the Master MOU, during the
terms of this Master MOU, both parties agree to meet and
confer in good faith on the alleged omission and, if
necessary, amend the Master MOU to include the omission.
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
Police Management 2012 — 2015
56 ARTICLE SEVEN.
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 Police Management Group nor
the City nor their authorized representatives will appear before the
City Council, nor meet with the City Council members individually
to advocate any addition or deletion to the terms and conditions to
this MOU. However, this section shall not preclude the parties
from appearing before the City Council, nor meeting with
individual members of the City Council to advocate or urge the
adoption and approval of this MOU.
VI. RATIFICATIQ.N AND jimpLgmENTAppN
An
ACKNOWLEDGEMENT
The City and the Culver City Police Management Group
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 Management Group set forth in this agreement
and adopted in the form of a resolution of the City Council.
MUTUAL RECOMMENDATION - 21Ar71 . 9yAL 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 Management Group.
C.
RATIReATION
Subject to the foregoing, this Memorandum of Understanding is
hereby ratified and agreed to be recommended for approval by
Police Management 2012— 2015
57 ARTICLE SEVEN
the authorized representatives of the City and Culver City Police
Management Group, and entered into this.
Police Management 2012— 2015
58