CITY COUNCIL: Resolution Ratifying MOU between City & Police Officers Association

Meeting Date: August 4, 2009
Prepared by: Rich Guillen

City Council
Agenda Item Summary

Name: Consideration of a Resolution ratifying a Memorandum of Understanding between the City of Carmel-by-the-Sea and the Carmel-by-the-Sea Police Officers Association.

Description: The Police Officers Association (POA) understands the current financial
challenges that the City is facing, including the recent impact of the State budget
adoption. Approving this Resolution will provide a three-year contractual agreement for the terms and conditions of employment for members of the Carmel-by-the-Sea Police Officers Association including the POA foregoing a salary increase of 8.75% that was set to take effect on July 1, 2009.

The new Memorandum of Understanding will be effective from July 1, 2009 through
June 30, 2011, and will incorporate the following changes to the MOU that includes a 0% cost of living for Fiscal Year 2009/2010, and is to expire on June 30, 2012:

Term Three Years – July 1, 2009 through June 30, 2012
Compensation
2009/2010 2010/2011 2011/2012
Safety positions: 0% 4.5% 5.5%
Non-Safety Positions: 0% 2.5% 4.0%
All other terms and conditions remain status quo.

Overall Cost: City Funds: (Estimated) FY 2009/2010 $ 0
FY 2010/2011 $ 84,413
FY 2011/2012 $103,418
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: After meeting and conferring with the City’s Negotiating
team, the Association has ratified new terms and conditions of employment as itemized
above and to be incorporated into a new three-year MOU. (See the attached document)

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA RATIFYING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE CARMEL-BY-THE-SEA POLICE OFFICERS ASSOCIATION

THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES RESOLVE AS FOLLOWS:
1. Approve and ratify a MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND THE CARMEL-BY-THESEA POLICE OFFICERS ASSOCIATION, and authorize the City
Administrator to execute the contract, to be placed on file in the City Clerk’s
office.

PASSED AND ADOPTED by the City Council of the City of Carmel-by-the-Sea this 4th day of August 2009, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

________________________
SUE McCLOUD, MAYOR

ATTEST:

___________________________
Heidi Burch, City Clerk

MEMORANDUM OF UNDERSTANDING
Between the City of Carmel-by-the-Sea And the Carmel-by-the-Sea Police Officers Association For the period July 1, 2009 through June 30, 2012

Police Officers Association Memorandum of Understanding
July 1, 2009 through June 30, 2012
Table of Contents
ARTICLE 1: Preamble 1
ARTICLE 2: Recognition 1
ARTICLE 3: Term of Contract 1
ARTICLE 4: Probation 1-2
ARTICLE 5: Compensation 2-3
ARTICLE 6: Educational Incentive Plan 3-5
ARTICLE 7: Retirement Programs 5
ARTICLE 8: Deferred Compensation 5-6
ARTICLE 9: Uniform Allowance 6
ARTICLE 10: Holidays 6-7
ARTICLE 11: Holiday Accrual 7
ARTICLE 12: General Leave 7
ARTICLE 13: Vacation Accrual 7-8
ARTICLE 14: Bereavement Leave 8
ARTICLE 15: Sick Leave 9-10
ARTICLE 16: Catastrophic Illness/Sick Leave Hours Transfer 10-11
ARTICLE 17: Physical Examinations 11-12
ARTICLE 18: Work Schedules, Overtime, and Compensatory Time 12-13
ARTICLE 19: Premium Pay and Shift Differential 13-16
ARTICLE 20: Longevity/Merit Program 16-17
ARTICLE 21: Insurance Programs 17-19
ARTICLE 22: Other Benefits 19-20
ARTICLE 23: Impasse Resolution 21
ARTICLE 24: Shift Scheduling 21-22
ARTICLE 25: Worker’s Compensation Salary Continuation 22
ARTICLE 26: Management Rights 22-23
ARTICLE 27: No Smoking Policy 23
ARTICLE 28: Separability 23
ARTICLE 29: Effect of Agreement 24
ARTICLE 30: Signatures 24
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Appendix 1: Layoff Policy 1-6 ii

Memorandum of Understanding Between The City of Carmel-by-the-Sea And City of Carmel-by-the-Sea Police Officers Association
ARTICLE 1: Preamble
This Memorandum of Understanding (MOU) is made and entered into between the City of
Carmel-by-the-Sea, hereinafter referred to as “City,” and the City of Carmel-by-the-Sea Police Officers Association, hereinafter referred to as “Association,” pursuant to California Government Code Section 3500 et seq. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment. Existing practices and/or benefits which are not referenced in this MOU and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process.

ARTICLE 2: Recognition
2.1 The City of Carmel-by-the-Sea recognizes the Association as the recognized and
exclusive representative for the following non-exempt classifications:
Community Services Officer
Police Services Officer
Police Officer
Police Corporal
Police Sergeant
ARTICLE 3: Term of Contract
3.1 The term of this MOU shall be retroactive to July 1, 2009, and continue through
June 30, 2012, unless otherwise stated.
ARTICLE 4: Probation
4.1 Probationary Period: All original, promotional and re-hire appointments shall be
tentative and subject to a probationary period. Original hires and re-hires shall be
subject to an eighteen (18) month period of actual and continuous service.
Promotional appointments shall be subject to a one (1) year period of actual and
continuous service. Periods of time on paid or unpaid leave exceeding five (5) days
(consecutive or not) shall automatically extend the probationary period by that
number of days the employee is on leave. If the probationary period is interrupted by
military leave for a period, which extends beyond half of the probationary period,
then the employee shall serve a new probationary period upon return.

4.2 Objective of Probationary Period: The probationary period shall be regarded as part of the selection process and shall be utilized for training and observation of the new employee on work assignments and standards in order to evaluate the employee’s performance.
4.3 Rejection of Probationary Employee: During the probation period, an employee
may be rejected at any time by the City Administrator upon recommendation of the
Department Manager without cause and without the right of appeal. Notification of
rejection shall be served to the probationary employee in writing. Any promoted
employee who is rejected during the probationary period shall be entitled to return to
the position held prior to promotion at the range and step held prior to promotion,
unless the rejection is due to discharge in which case no reinstatement shall occur.
4.4 Extension of Probation: All efforts will be made to sufficiently evaluate the
probationary employee during the designated period An extension of the
probationary period may, however, be recommended by the appointing authority
when good cause exists. Such extension shall be for a specific period of time not to
exceed three (3) months.
ARTICLE 5: Compensation
5.1 Salary Adjustments SAFETY POSITIONS:
A. Effective July 1, 2009, the classifications of Police Officer, Police Corporal,
and Police Sergeant shall receive no salary adjustment.
B. Effective July 1, 2010, the classifications of Police Officer, Police Corporal,
and Police Sergeant shall receive across-the-board salary adjustments of 4.5%.
C. Effective July 1, 2011, the classifications of Police Officer, Police Corporal,
and Police Sergeant shall receive across-the-board salary adjustments of 5.5%.
5.2 Salary Adjustments NON-SAFETY POSITIONS:
A. Effective July 1, 2009, the classifications of Police Services Officer and
Community Services Officer shall receive no salary adjustment.
B. Effective July 1, 2010, the classifications of Police Services Officer and
Community Services Officer shall receive across-the-board salary adjustments of
2.5%.
C. Effective July 1, 2011, the classifications of Police Services Officer and
Community Services Officer shall receive across-the-board salary adjustments of
4%.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
3
ARTICLE 6: Educational Incentive Plan
6.1 Payment Established: The City Council, having determined the acquisition of
additional education by employees makes those employees more valuable to the
City, does hereby establish an Educational Incentive Pay Plan (EIP).
6.2 Definitions: For the purpose of this program, the following definitions shall apply:
A. Base Salary shall mean the monthly salary of the employee as established by
the City Council and shall not include any overtime, holiday-in-lieu pay or
allowances or other supplemental benefit.
B. Satisfactory Completion shall mean a grade of "C" or better in any course. No
more than one-third (1/3) of the total number of units considered for EIP may
be on a "credit only" or "pass/fail" basis (limit of 10 out of 30 units or 20 out
of 60 units). Units earned with a "Credit Minus" grade will not be considered
eligible under the EIP program.
6.3 College Level shall mean any post-high school educational institution accredited by
the California State Department of Education, the Western Association of Schools
and Colleges, or by equivalent organizations in other states and countries, or which
have the prior approval of the City Administrator.
6.4 Job-Related shall mean any college level course related to technical or specialized
aspects of the employee's position, as well as courses meeting general educational
degree requirements, which are reasonably job-related. The City Administrator's
determination of the eligibility of any course shall be final and shall be obtained
prior to taking a course.
6.5 Units shall mean semester units (two semesters to a full academic year). Each
quarterly or trimester unit shall be counted at a value of .67% of a semester unit.
6.6 Rates of additional compensation:
A. Academic Education. Upon satisfactory completion of 30 units of college
level related courses or the attainment of an intermediate certificate of training
from the Commission on Peace Officer Standards and Training (POST), the
employee shall receive a salary increase equal to two and one-half percent
(2.5%) of their base salary. Upon attainment of 60 units or the attainment of
an Associate Degree or an Advanced POST certificate of training, the
employee shall receive a salary increase equal to five percent (5%) of base
salary.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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B. Non-Academic Training or Instruction. For eligible employees, the City
Administrator, upon recommendation of the Department Manager, may grant
prior approval for a course of instruction or training, which would lead to the
attainment of EIP. The City Administrator shall be guided in this
determination by the value to the City of the employee's knowledge and/or
skill accumulation, and by the employee's expenditure of time and effort as
compared to that put forth by an employee earning the same level of EIP by
the accumulation of college-level units (at approximately 30 to 54 hours per
college unit).
C. In no case shall the EIP rate of compensation exceed five percent (5%).
6.7 Eligibility: In order for employees to be eligible for EIP, ALL of the following
conditions shall be met:
A A regular employee shall become eligible once successfully completing 18
months of continuous service to the City except that this period of time may
be waived at the discretion of the City Administrator.
B. The education, training or instruction shall be acquired at times when the City
does not compensate the employee. Reimbursement to the employee by the
City for the costs of books, tuition, or supplies shall not affect eligibility.
Scholarships or veteran’s benefit shall not be considered compensation.
C. Credit shall not be given for work experience, even though an academic
institution may have given credit for such experience, until such time as a
degree is granted the employee by such institution.
D. The employee shall submit to the City Administrator through the Department
Manager a list of courses and credits, together with transcripts or other proof
of satisfactory completion, as may be required to verify the acquisition of
claimed credits.
6.8 Time of payment: EIP shall be paid eligible employees beginning with the pay
period in which the City Administrator has approved the application for EIP.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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ARTICLE 7: Retirement Programs
7.1 Retirement benefits for eligible safety employees represented by the
ASSOCIATION shall be those established by the Public Employees' Retirement
System (PERS) for local safety members, 3% @ 50 Full Formula.
7.2 Retirement benefits for eligible non-safety (miscellaneous) employees represented
by the ASSOCIATION shall be those established by the Public Employees'
Retirement System (PERS) for local miscellaneous members, 2% @ 55 Full
Formula.
7.3 The CITY shall pay the employer rate prescribed by the Public Employees'
Retirement System (PERS) in accordance with the rules and regulations governing
such employer contributions.
7.4 In accordance with the provisions of Section 414(h)(2) of the Internal Revenue Code,
eligible members of the ASSOCIATION-contribute the employee contribution of
nine-percent (9%) required by PERS for safety members and seven-percent (7%) for
non-safety members.
7.5 The CITY shall continue to maintain the following, contracted retirement options:
A. Single Highest Year
B. Fourth level of 1959 Survivors Benefit ($2.00 per month cost to the
employee)
1) The City and the Association agree to monitor the funding of this
option. When only two years of funding remain in this account the
City and the Association agree to reopen negotiations on this issue to
discuss future funding of this benefit.
C. Permit members, if they choose, to purchase military service credit as public
service to the extent permitted by PERS, solely at the members' expense.
D. Pursuant to Resolution No. 96-116 qualified members shall have the option to
elect the pre-tax payroll deduction plan for their service credit purchases (i.e.,
redeposit, service prior to membership, military service, etc).
E. In accordance with Government Code Section 20965, the employee may elect
to apply unused sick leave toward CalPERS service credit.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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ARTICLE 8: Deferred Compensation
8.1 The CITY offers employees the opportunity to participate in a deferred compensation
plan on a voluntary basis through the payroll deduction plan.
Participation and contributions are regulated by the rules and regulations established
by the Internal Revenue Service (IRS) for such plans (457 Plans). Nothing in this
section shall prohibit or restrict this voluntary participation, in the plan(s) offered by
the City.
8.2 The CITY shall make monthly contributions on behalf of each non-safety and safety
member of the ASSOCIATION in the amount of twenty-five dollars ($25.00). The
individual members of the ASSOCIATION shall specify the plan and investment
option(s).
8.3 In the event non-safety members represented by another Association of employees
with the City of Carmel-by-the-Sea receive additional CITY paid monthly
contributions for deferred compensation during the term of this agreement, nonsafety
members of the ASSOCIATION shall receive a comparable increase in
monthly compensation to his/her deferred compensation plan, effective on the first
month following approval of this benefit by the City Council. In no event shall this
additional compensation be deemed to be paid retroactively to the beginning date of
this Agreement.
ARTICLE 9: Uniform Allowance
9.1 Specific classifications in the ASSOCIATION shall be entitled to the following
uniform allowances:
• Safety members: $50.00 per/mo.
• Non-Safety members: $50.00per/mo.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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ARTICLE 10: Holidays
10.1 The following holidays shall be observed:
A. (New Years Day)
B. Third Monday of January (Martin Luther King Day)
C. (Lincoln’s Birthday) - February
D. Third Monday of February (President’s Day)
E. Last Monday of May (Memorial Day)
F. July 4th
G. First Monday of September (Labor Day)
H. November 10th (Veteran’s Day)
I. The Thursday in November appointed by the Governor or the President as
Thanksgiving Day
J. The Friday immediately following the Thursday in November designated as
Thanksgiving
K. The weekday (excludes Saturday and Sunday), which precedes December 25th
L. December 25th
10.2 In the event a holiday falls on a Saturday, Municipal Departments shall remain open
on the preceding Friday, but employees shall be given either the preceding Friday
or the following Monday, at the discretion of the Department Manager and City
Administrator, as an in-lieu holiday. In the event a holiday falls on a Sunday it
shall be observed on Monday.
ARTICLE 11: Holiday Accrual
11.1 Members of the Association shall be paid eight (8) hours of straight time pay for each
of the holidays listed in Article 9 of this agreement. Payment will occur during the
pay period in which the holiday falls.
11.2 Members who are on their regularly scheduled day off shall also receive this pay.
11.3 The Police Chief may determine certain staff members as “non-essential” on any
given holiday and may, in lieu of providing holiday pay, allow those staff members to
be off.
11.4 In the event non-essential staff members are normally scheduled to work on that day
of the week and are allowed to be off on an observed holiday, no other types of offduty
time may be substituted for the holiday time.
11.5 Holidays not used on the observed holiday will be paid.
ARTICLE 12: General Leave
12.1 Each member of the ASSOCIATION shall be entitled to one shift (8 hours) of
general leave during the period of the contract. The Department Manager shall
approve use of general leave. General leave may not be accumulated from one year
to the next.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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ARTICLE 13: Vacation Accrual
13.1 The following vacation accrual schedule shall be in effect for all Shift Employees:
1 – 4 Years of Service 80 hours per year
5 - 10 years of service 120 hours per year
11 - 15 years of service 160 hours per year
15 years of service and over 176 hours per year
A. The maximum amount of vacation time that may be held in an unused status shall
be the amount an employee is entitled to accrue in two (2) anniversary years. The
department manager may grant exceptions with approval by the City Administrator.
B. Vacation Buy-Back Exception: In the event an employee achieves the maximum
accrual cap in a pay period and is unable to take sufficient vacation hours to reduce
his/her accrual bank below maximum, due to staffing constraints, the department
manager may approve a vacation buy back of up to one month’s worth of accrual,
payable at the employee’s hourly rate in the pay period in which the maximum cap is
reached.
13.2 Vacation Scheduling shall be accomplished as follows:
A. Vacation sign up will occur during the month of January and be completed by
January 31.
B. There will be two (2) separate rounds during which sign up will occur:
1. Round One
a) Everyone must sign up for a vacation.
b) The maximum number of days for which any person may sign up
is limited to the number of vacation hours that person may accrue
during a given year.
c) Vacations must be taken in minimum 40-hour blocks.
2. Round Two
a) A person may sign up for additional vacation hours they have
accrued.
b) Sign up is not mandatory during round two.
C. The following restrictions apply to vacation scheduling:
1. No more than one person in each classification/rank may be
on vacation or other types of off duty hours at any given
time.
2. Persons desiring vacation time during a period when
another person of the same rank/classification has
scheduled vacation is allowed to have another person work
for them on a straight trade basis.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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D. For special circumstances or unforeseen situations, upon written request, the
Police Chief may approve vacations that do not conform to this section.
ARTICLE 14: Bereavement Leave
14.1 Each member of the ASSOCIATION shall be entitled to use twenty-four (24) hours
of bereavement leave each fiscal year for serious illness, disability, or death in the
employee's immediate family.
14.2 Immediate family is defined as the employee's spouse, child, step-child, parent, stepparent,
grandparent, sibling, mother-in-law, father-in-law, sister-in-law, and
brother-in-law, or any other person approved by the department manager. The
department manager may require the employee furnish satisfactory proof to
substantiate the use of bereavement leave. Bereavement leave shall not be
subtracted from an employee's sick leave account and shall not accrue from one
fiscal year to the next.
ARTICLE 15: Sick Leave
15.1 The CITY shall continue to grant each member of the ASSOCIATION eight (8)
hours of sick leave per month. These days are to be used in accordance with the
procedure(s) outlined below and in the Personnel Ordinance of the Municipal Code of
the City of Carmel-by-the-Sea.
15.2 Sick leave shall be charged against an employee's credit only for regular working
days and shall not be charged for time absent on holidays or other authorized days
off. Charges against an employee's credit shall be rounded off to the lowest hour, for
example:
Time off work Time charged
59 minutes or less 0
1 hour 1 hour
1 hour and any segment of the next hour 1 hour
A. Medical appointments of 59 minutes or less, with written physician
verification, shall not be charged to an employee's sick leave account.
B. Medical appointments of 59 minutes or less, without written physician
verification, shall be charged to employee's sick leave account in 15 minute
segments.
C. If an employee becomes sick on scheduled vacation time, the department
manager may, with acceptable documentation, authorize the use of sick leave
instead of vacation leave.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
10
15.3 Employees hired after 1 November 1984 shall be able to accumulate an unlimited
number of sick leave hours, while employed. A maximum of six hundred (600)
base hours will be the total amount on which the City will base reimbursement to
the employee upon termination or resignation from employment. This provision
does not apply to employees with less than five (5) years of continuous service who
shall not be entitled to any compensation under this section.
A. Resignation from employment after five (5) years will result in reimbursement
at 25% of 600 hours maximum, times the actual hourly rate at the time of
resignation.
B. Retirement from CITY employment after five (5) years and with proof of
submission of application for retirement from CalPERS will result in
reimbursement at the rate of 50% of 600 hours maximum, times the actual
hourly rate at the time of retirement.
15.4 Employees employed by the City prior to 1 November 1984, will be entitled to
accumulate an unlimited amount of sick leave hours. The formula for compensation
upon severance of employment will be:
A. Retirement from CITY employment with proof of submission of application
for retirement from CalPERS: 50% of the accrued sick leave hours times the
current hourly rate.
B. Resignation: Twenty-five percent (25%) of the accrued sick leave hours times
the current hourly rate.
15.5 Upon approval of the department manager, accrued sick leave may be used to
accommodate the need for additional hours in the case of serious illness, disability, or
death in the employee's immediate family. Immediate family is defined as the
employee's spouse, child, step-child, parent, stepparent, grandparent, sibling,
mother-in-law, father-in-law, sister-in-law, and brother-in-law, or any other person
approved by the department manager. The department manager may require the
employee furnish satisfactory proof to substantiate the use of sick leave for this
purpose.
15.6 Pursuant to Government Code Section 20965 and the City’s CalPERS retirement
contract, an employee may elect to use sick time available to him/her under the
provision of the contract for sick leave service credit. If an employee elects to use sick
leave available for service credit, such time cannot also be applied to the “sell back”
provision under this section.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
11
ARTICLE 16: Catastrophic Illness/Sick Leave Hours Transfer
16.1 General Requirements: An employee shall be faced with or have incurred either a
catastrophic illness or major injury from an accident in order to be eligible for this
program. Individual determinations of catastrophic illness or major injury from an
accident shall be determined by the appointing authority (City Administrator).
16.2 The employee requesting the transfer of sick leave hours must have reached zero
balances in the sick leave, vacation, compensatory time and executive leave
accounts during the illness or recovery period in order to be eligible.
16.3 Generally, the illness or accident recovery period must be longer than three weeks for
the employee to be eligible. The appointing authority will evaluate each request and
may modify this time period based on the facts of the case.
16.4 An employee desiring to contribute to the transfer of hours must maintain a
minimum balance of 120 hours after the transfer has been deducted from the donor’s
sick leave account.
16.5 Employee Use of the Program - Employees MUST:
A. Notify their Department Manager requesting assistance in utilizing the
program.
B. State the reason for the request and the approximate number of hours they
believe will be needed.
16.6 The Department Manager WILL:
A. File the employee's request with the Human Resources Office.
16.7 The Human Resources Office WILL:
A. Present the request to the City Administrator for authorization and
determination of the validity of the request.
B. Disseminate notices to Municipal Departments stating an employee is in
need of sick leave hours and request interested employees to contact the
Human Resources Office.
C. Maintain the confidentiality of the employee(s) who donates sick leave
hours to the employee in need.
D. Notify the Financial Assistant to make the transfer of sick leave hours
when the transfer is approved.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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16.8 The City Administrator WILL:
A. Review requests for participation in the program.
B. Authorize or deny the transfer of sick leave hours pursuant to the request.
ARTICLE 17: Physical Examinations
17.1 Each employee under the age of forty-five (45) shall be entitled to a physical
examination every other year during the term of the contract, subject to the financial
guidelines stated in this section. Employees in this category who had a City paid
physical in the fiscal year just prior to the fiscal year of this contract shall not be
entitled to a City paid physical during the period of this contract.
17.2 Employees who turn forty-five (45) years of age during the term of this contract
shall be entitled to one City paid physical per year after attaining that age and
subject to the financial guidelines stated in this section.
17.3 Employees forty-five (45) years of age or older shall be entitled to one City paid
physical examination per fiscal year, subject to the financial guidelines stated in this
section.
17.4 The City shall pay up to two hundred and twenty-five dollars ($225.00) for the
physical examination and accompanying tests. Any expense in excess of this amount
shall be borne by the employee.
17.5 A licensed physician of the employee’s choice may perform physical examinations.
The physician shall complete a Physician Evaluation Report Form. Payment shall
be made upon receipt by the Human Resources Office of the form and a statement
of all charges, within ninety (90) days from date-of-service.
ARTICLE 18: Work Schedules, Overtime Compensation And Compensatory Time
18.1 Work Schedules:
A. In 2003 safety personnel assigned to "Patrol" and non-safety Police Services
Officers, were authorized to modify their work schedules from a “5-8 Plan” to
a “12-Plan”. For clarification the "5-8 Plan” refers to a work period consisting
of 80 hours in a fourteen calendar day period, worked as ten shifts in
increments of 8 hours per shift. The “12- plan” refers to a work period
consisting of 80 hours in a fourteen calendar day cycle, six days of which are
twelve-hour days, and one day which is eight hours for a total of 80 hours per
fourteen calendar day cycle.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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B. Pursuant to discussions during the FY 06-07 negotiations, the Police Chief
will maintain sole discretion to determine a work schedule that best addresses
the needs of the department operations. However, in lieu of reverting back to
the 5-8 work plan at this time, the Police Chief will appoint a subcommittee of
CPD personnel who will evaluate and propose to the Police Chief alternative
work schedule(s) on or prior to December 31, 2006. The Police Chief will
review the sub-committee recommendation and make the final determination
of a work schedule that best addresses the needs of the department on or
before February 1, 2007.
18.2. The CITY shall comply with the regulations established by the Fair Labor Standards
Act (FLSA).
18.3 Overtime shall be compensated at time and one-half for all work performed over the
normal eight (8) or twelve (12) hour work shift for those employees entitled to
overtime pursuant to the guidelines and regulations established by the FLSA. Paid
time off shall be counted as time worked.
18.4 Employees entitled to overtime compensation may, in-lieu of monetary
compensation for statutory overtime, choose to take compensatory time off at a rate
of not less than one and one-half hours for each hour of overtime worked.
Compensatory time shall only be granted upon approval of the Department
Manager.
18.5 Accrued compensatory time must be permitted to be used within a "reasonable
period" of time as long as it does not "unduly disrupt" the operations of the agency.
(Per FLSA guidelines).
18.6 Compensatory time may be accrued up to the following limits with Department
Manager approval:
• Non-Safety Employees: 75 hours (equals 50 straight-time hours)
• Safety Employees: 75 hours (equals 50 straight-time hours)
18.7 In the event compensatory time is sold back to the CITY, it will be paid at the
straight hourly rate since it was accumulated at the time and one-half rate.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
14
ARTICLE 19: Premium Pay and Shift Differentials
19.1 Call-In/Call-Back Pay: In situations where an employee is called back to work
during a non-scheduled period of time the employee shall be granted a minimum of
two (2) hours overtime.
19.2 Court Time and Standby Pay:
A. During the term of the contract, the CITY agrees to compensate members of
the ASSOCIATION who are required to appear in court on off-duty time as
follows:
• Two (2) hours of overtime paid at the time and one-half rate,
AND (effective date 1/1/93)
• Two (2) hours of compensatory time at the time and one-half rate which
cannot be converted into pay. The accounting of this time shall be kept
separate from regular compensatory time but must be included when
complying with FLSA guidelines regarding compensatory time accrual
limits.
B. When a represented member has received a subpoena and is placed on "oncall"
status for court appearance and is not actually required to appear in court
on that day, that employee shall receive two (2) hours of pay at time and onehalf
the regular hourly rate for the particular employee. During the period of
"on-call" time, the employee shall be available at a specific phone and
available to appear in the appropriate court within one hour.
19.3 Matron Pay: When a non-safety represented employee performs Matron duties, she
shall be compensated at twice her hourly rate with a one-half hour minimum. When
called back to duty to work in this capacity a minimum of two (2) hours shall be
granted.
19.4 Acting Watch Commander Pay: Effective September 1, 2006 the City will provide
premium pay in the Police Department when the following conditions are met:
A. Patrol Officer is assigned responsibilities as a Watch Commander for at least
one full shift.
1) A Patrol Officer will not be deemed to be working as a Watch
Commander if the Chief of Police, Police Sergeant, or Corporal is on
duty OR if the Patrol Officer is receiving Special Assignment Pay as a
Field Training Officer (FTO) or as a Detective.
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July 1, 2007 through June 30, 2010
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B. When the above listed conditions are met the premium pay shall be computed
as follows:
1) Five percent (5%) premium pay for one-full shift served as Watch
Commander.
C. No additional pay shall be paid if performing the functions, as described
above, for less than one full shift.
19.5 Short Notice Non-Scheduled Shift Changes:
A. When an employee is called back on less than eight (8) hours notice to work
non-scheduled shift change, the employee will receive two (2) hours of
compensatory time at the time and one-half rate.
B. For purposes of this section, holdovers on scheduled shifts are not considered
short notice, non-scheduled shift changes.
C. The accounting of this time shall be kept separate from regular compensatory
time but must be included when complying with FLSA guidelines regarding
compensatory time accrual limits.
19.6 Community Services Officers working as Police Services Officers: When assigned
to work as a Police Services Officer, Community Services Officers shall receive
either:
A. The hourly rate of pay for that classification, at the comparable step, for each
hour assigned; OR
B. One (1) hour of straight time off for each four (4) continuous hours of work as
a Police Services Officer, which cannot be converted into pay.
19.7 Shift Differentials (program established 1/1/93)
A. Program Defined: Employees who are assigned to work and who actually
work thirty (30) calendar days, including paid time off, of the following shifts,
will receive monthly shift differentials in the form of time off.
• Safety Employees
Evening Watch (2:30 p.m. - 10:30 p.m.)
Morning Watch (10:30 p.m. - 6:30 a.m.)
• Desk Officer Shifts
Evening Watch (4:00 p.m. - 12:00 a.m.)
Morning Watch (12:00 a.m. - 8:00 a.m.)
Evening Watch Desk Relief (as defined by official schedule)
Morning Watch Desk Relief (as defined by official schedule)
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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B. Rate of Shift Differential
1) Evening Watch and Evening Watch Desk Relief: Employees assigned to these
shifts and who meet the requirements defined in Section A, above, shall
receive four (4) hours of straight time which cannot be converted into
pay and which should be used within thirty (30) calendar days of the
time it is earned, unless it is extended by the Chief of Police or his/her
designee, in his sole discretion, for reasons of emergencies or other
highly extraordinary circumstances.
2) Morning Watch and Morning Watch Desk Relief Watch: Employees assigned
to these shifts and who meet the requirements defined in this section,
shall receive eight (8) hours of straight time which cannot be converted
into pay and which should be used within thirty (30) calendar days of
the time it is earned, unless it is extended by the Chief of Police or
his/her designee, in his sole discretion, for reasons of emergencies or
other highly extraordinary circumstances.
19.8 Bilingual Pay: When a represented employee performs bilingual duties, he or she
shall be compensated at twice his or her hourly rate with a one-half hour minimum.
When called back to duty to work in this capacity a minimum of two (2) hours shall
be granted.
19.9 Special Assignment Pay (SAP): Effective September 1, 2006
A. Field Training Officer (FTO): Five percent (5%) of base salary. FTO must be
POST certified and have attended a POST approved Supervisor course (80
hours) within six months of designation of FTO.
B. Detective: Five percent (5%) of base salary when assigned as “Detective” by
the Police Chief. The Detective special assignment pay does not apply to
temporary assignments that may be made to Investigations from time to time.
Detective must agree to maintain 24/7 capabilities for contact with the police
department via a pager or cell phone and agree to return calls/pages within 10
minutes from time of call.
C. Animal Control: Five percent (5%) of base salary for Community Services
Officer who is designated as the Animal Control Officer for City of Carmelby-
the-Sea.
D. General Criteria:
2) Special Assignment Pay is to be of a determinate duration, with the
Public Safety Director or his designee retaining sole discretion to
determine when such assignment shall terminate and who shall be
assigned.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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2) Rights to Administrative Appeal: For purposes of determining rights to
an administrative appeal as provided for by Government Code 3304(b),
the employee’s first day of performing duties in a special assignment
shall be considered the employee’s “anniversary date” in such
assignment.
3) Anniversary Date: The definition of “anniversary date” set forth within
this section shall not apply to any other terms and conditions of
employment which are based upon an employee’s anniversary date, and
the application(s) of “anniversary” dates in said other contexts shall not
be altered by virtue of this specialized assignment provision.
4) Removal from SAP:
a) If an individual is removed from a special assignment during the
initial or any successive twelve (12) consecutive month period of
time from the anniversary date of appointment, then a
Government Code 3304 (b) administrative appeal is provided.
b) However, if the individual is noticed 30 days or more in advance
of his/her special assignment anniversary date, removal from the
special assignment will be effective at the conclusion of the last
shift in an initial twelve (12) consecutive month period of
assignment or any subsequent twelve (12) consecutive period of
assignment from the anniversary date of assignment, in which
case the individual shall receive no administrative appeal right of
any type. Each individual, including incumbents, shall sign a
waiver so agreeing.
ARTICLE 20: Longevity Merit Pay
20.1 Association members are eligible for a 6th STEP, three-percent (3%) longevity/merit
increase. To qualify for the program benefit, eligible employees MUST:
A. Have completed ten (10) continuous years of service with the City of
Carmel-by-the-Sea; and
B. Have received a Satisfactory performance evaluation on the anniversary of
their 10th year of service, OR,
20.2 For purposes of the LMP program the following performance evaluation rating
definitions shall apply:
• Satisfactory: This is the level of work expected of a fully competent employee.
The employee is meeting the standards required for the position.
• Marginally Satisfactory: The work performance is less than that expected of a
fully competent employee.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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• Unsatisfactory: The work performance is definitely inferior to the standards
required for the position.
ARTICLE 21: Insurance Programs
21.1 The City offers a variety of insurance protection programs for the employee and
dependents. Some protection is provided through fully insured instruments. Other
protection is provided through a City self-funded program. Other protection is
employee funded.
21.2 For the purposes of this section the following definitions and groupings of coverage
shall exist:
A. Non-Elective (Core): Mandatory coverages (Employer Paid)
1) The mandatory contribution required by CalPERS for each employee
enrolled in the medical protection program is the non-elective City
contribution/premium toward the medical program. During the term of
the MOU, the non-elective City contribution is as follows:
Calendar Year 2009 TBD by PERS
Calendar Year 2010 TBD by PERS
[Calendar Year 2011 TBD by PERS]
2) Employee/Dependent dental premium, established by the City’s broker
of record for the self-insured dental plan, depending on the level of
coverage chosen.
3) Collective employee/dependent vision premium established by the
City’s broker of record for the self-insured vision plan.
4) Basic $30,000 life insurance premium (available only to full-time
employees)
5) Accidental Death and Dismemberment Policy (available only to fulltime
employees).
Deleted: Calendar Year
2007 $80.80 per month per employee¶
Calendar Year 2008 $97.00 per
month per employee
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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B. Elective (non-core) coverages, available for purchase with flexible spending
monies given each eligible employee:
1) Employee and/or dependent medical coverage in the CalPERS
Program less the mandatory per month required employer payment.
2) Optional (Supplemental) Life Insurance (if available)
3) I.R.C. Section 125 - Flexible Spending Account
4) I.R.C. Section 125 - Dependent Care
C. Opting Out (Medical Program Only): Full-time and benefited regular parttime
employees may elect not to participate in the CalPERS medical plan.
Anyone opting out shall only be eligible to take cash in the amount of $270
per month, providing they meet the following condition(s):
1) They shall submit proof of coverage elsewhere.
2) They shall sign a medical plan waiver.
3) Married employees shall be required to obtain the signature of their
spouses on the medical plan waiver form.
4) Employees under legal order to provide medical coverage for any
dependents shall only be permitted to opt out after showing proof of
coverage for each dependent identified in such legal order.
D. Section 125 Plan: The City's insurance plan is structured within this taxdeferred
program. This is an Internal Revenue Code permitted plan. A third
party administrator provides administration of the plan. The City pays
administrative fees.
21.3 Medical Insurance Contributions:
A. CITY will contribute a monthly contribution on behalf of employees and dependents,
who are enrolled in City sponsored PEMHCA plan.
B. Effective July 1, 2007 and for the term of this agreement, City shall contribute
toward employee medical premiums in an amount not to exceed eighty percent (80%)
of CalPERS CHOICE until such time as Association members are enrolled with
Peace Officers Research Association of California (PORAC).
C. Upon enrollment in PORAC insurance program, the City contribution shall not
exceed eighty percent (80%) premium for employees and dependents enrolled in
PORAC plan.
Formatted: Highlight
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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D. Eighty percent computation includes the non-elective, mandatory CalPERS
premium.
21.4 If employees select elective benefits which cost more than their allotted flexible
spending dollars as defined in Section 21.3 and 21.4, that cost will be deducted
through payroll deduction on a monthly basis, using pre-tax dollars.
ARTICLE 22: Other Benefits
22.1 Jury Duty
A. The CITY provides time off with no loss of salary for employees who must
fulfill jury duty obligations. Employees shall be entitled to keep the mileage
reimbursement for such service. Any per diem amount received by the
employee shall be signed over to the CITY.
22.2 Employee Payroll Deductions
A. The CITY, upon authorization from any employee, shall make direct
deposit(s) to the financial institution of the employee’s choice providing the
CITY has the compatible technology to do so. Employee funded insurance
programs and deductions for deferred compensation programs shall be paid
through payroll withholding.
22.3 Police Uniform Purchase - Initial
A. The CITY shall furnish safety equipment for all Police Department members
as required by the Chief of Police.
B. The CITY shall furnish the following initial uniform for all Police Department
employees represented by the ASSOCIATION
1) Police Officer or Police Administrator
-- 2 pair wool pants
-- 2 nametags
-- 1 long sleeve wool shirt
-- 3 blend shirts (long/short sleeve)
-- 1 night jacket
-- 1 police cap
-- 2 regulation neckties
-- 10 shoulder patches
-- 1 pair shoes
-- 1 dress belt
-- 1 Class “A” jacket (Admin. Only)
-- 2 tie clips
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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C. Any member of the ASSOCIATION who is defined, for retirement purposes
as a Local Safety Member, shall be entitled one annual replacement uniform
(1 shirt and 1 pair of pants), providing he/she regularly wears the protective
body armor provided by the CITY.
22.4 Tuition Reimbursement Plan:
A. CITY will reimburse any member of the Association, who has completed
his/her original-hire probationary period, an amount not to exceed a total of
$1000 for a single fiscal year for the successful completion of any job
related courses of college level education. This program covers courses
taken at or sponsored by accredited colleges or universities. Any such
courses must have the approval of the Police Chief and Human Resources
Manager.
B. Reimbursement will be made for books and tuition upon presentation of
proof of successful completion of approved courses. These courses are for
the benefit of the employee, the City and the Police Department.
C. The employee shall take all such courses during off-duty hours.
D. Process for Applying for Coursework Approval:
1) Forms: Requests for reimbursements of tuition shall be made on
forms provided by the City. Information required shall include the
college or university at which the course is to be taken, the catalog
number of the course, title of the course, number of semester hours
and the estimated cost for tuition and books.
2) A brief statement of how the course(s) will be applicable to the
work of the employee and/or benefit to the performance of the
employee’s duties with the City shall be included.
3) Payment: Upon successful completion of the course(s), it will be
the responsibility of the employee to provide proof of satisfactory
completion of the course(s) and receipts for tuition, books, and
other related costs.
22.5 Layoff Policy: Per Resolution 92-90, the policies and procedures for the layoff of City
employees are incorporated herein as “APPENDIX 1” to the MOU.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
22
ARTICLE 23: Impasse Resolution
23.1 Impasse Defined
A. "Impasse" means that the representatives of the City and a recognized
employee organization have reached a point in their meeting and conferring in
good faith where their differences on matters to be included in a
Memorandum of Understanding, and concerning which they are required to
meet and confer, remain so substantial and prolonged that further meeting and
conferring would be futile.
23.2 Initiation of Impasse Procedures
If the meet and confer process has reached impasse as defined in "A" above, either
party may initiate the impasse procedures by filing with the other party a written
request for an impasse meeting, together with a statement of its position on all
issues. The City Administrator shall then schedule an impasse meeting promptly.
The purpose of such meeting shall be:
A. To allow the parties to review each others position in a final effort to reach
agreement on a Memorandum of Understanding; and
B. To discuss arrangements for the utilization of the impasse procedures if the
impasse is not resolved.
23.3 Mediation
A. The parties agree that if the impasse is not resolved the dispute shall be
submitted to a mediator from the California State Mediation and Conciliation
Service. Costs for mediation services, if any, shall be borne equally by the City
and the Employee Association.
B. All mediation proceedings shall be private. The mediator shall make no
public recommendation, nor take any public position at any time concerning
the issues.
ARTICLE 24: Shift Scheduling
24.1 The Patrol and Police Services Units of the Carmel-by-the-Sea Police Department
shall maintain a rotational watch program. Members of these units will select their
watch by seniority subject to administrative approval. The program shall include
the following provisions:
A. Shift rotation will occur each six months during the months of July and
January
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
23
(Shift Scheduling cont.)
B. Vacancies on a particular watch shall be made known to all personnel and will
be filled by seniority subject to administrative approval.
C. Shift change will be determined on a six (6) month rotation with two-(2)
consecutive shift maximum. Officers having served two (2) consecutive shifts
must select a different shift.
D. To insure balanced training and experience of all officers, the Police Chief
may direct any individual to serve one rotation on a specific shift, regardless
of seniority.
ARTICLE 25: Workers Compensation Salary Continuation
25.1 Whenever any full-time, miscellaneous (Non-Safety) employee as defined by the
Public Employees’ Retirement System (PERS), is disabled, whether temporarily or
permanently, by injury or illness arising out of and in the course of his/her duties,
he/she shall become entitled, regardless of his/her period of service with the City, to
leave of absence while so disabled without loss of salary in lieu of temporary
disability payments or maintenance allowance payments, for the period of the
disability, but not exceeding six months, or until such earlier date as he/she returns
to duty or is retired on permanent disability pension in accordance with the
rules/regulations governing such retirement.
25.2 If the period of disability extends beyond the six month period, full salary
continuation shall be discontinued and the employee shall be entitled to legal
allowances provided under Workers’ Compensation Laws of the State of California
which may be integrated with any other compensation to which the employee may be
entitled, i.e., Long Term Disability coverage.
25.3 Benefits: During the six months or less period of disability, the employee who
suffers such injury/ illness arising out of and in the course of his/her duties shall
continue entitlement to all benefits as would have been afforded that employee had
he/she not have suffered such injury/illness.
ARTICLE 26: Management Rights
26.1 It is understood and agreed that the CITY retains all of its powers and authority to
manage municipal services and the work force performing those services.
26.2 It is agreed that during the term of this contract the CITY shall not be required to
meet and confer on matters which are solely a function of management, including
the right to:
A. Determine and modify the organization of City government and its constituent
work units.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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(Management Rights cont.)
B. Determine the nature, standards, levels, and mode of delivery of services to be
offered to the public.
C. Determine the methods, means, and the numbers and kinds of personnel by
which services are to be provided.
D. Determine whether goods or services shall be made or provided by the City,
or shall be purchased, or contracted for.
E. Establish employee performance standards and to require compliance
therewith.
F. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary
increases and benefits, or otherwise discipline employees, subject to the
requirements of applicable law including the current Personnel Ordinance.
G. Relieve employees from duty because of lack of work or lack of funds or for
other legitimate reasons.
H. Implement rules, regulations, and directives consistent with all applicable
laws and the specific provisions of the Memorandum of Understanding.
I. Take all necessary actions to protect the public and carry out its mission in
emergencies.
26.3 Decisions under this section shall not be subject to the grievance procedure unless
specifically authorized by the Personnel Ordinance or other applicable law.
ARTICLE 27: No Smoking Policy
27.1 Persons who are employed and represented by the Association as of July 1, 2007 or
persons hired on or after July 1, 2007 to fill positions represented by the Association shall be
non-smokers. Any such employee who subsequently smokes tobacco substances is subject to
dismissal. All such persons hired shall certify at the time of entry physical examination to
being non-smokers. For purposes of this agreement, the term “smoking” refers to the
recurring inhalation of the smoke of burning tobacco encased in cigarettes, pipes, and cigars
as a result of habit, addiction, or desire to smoke on a continuing daily or weekly basis. It is
not intended to restrict “casual” non-addictive smoking such as the occasional use of tobacco
products in a social setting. The City Administrator may direct additional verification of nonsmoking
status from time to time.
ARTICLE 28: Separability
28.1 If a court of competent jurisdiction finally determines that any provision of the
Memorandum of Understanding is invalid and unenforceable, such provision shall
be separable, and the remaining provisions of the Memorandum of Understanding
shall remain in full force and effect.
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Memorandum of Understanding: Carmel Police Officers Association
July 1, 2007 through June 30, 2010
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ARTICLE 29: Effect of Agreement
29.1 This Memorandum of Understanding sets forth the full and complete understanding
between the parties hereto. Any items, from previous agreements, not addressed in
this agreement are carried forward.
ARTICLE 30: Signatures
30.1 For the City of Carmel-by-the-Sea:
_______________________________________________________________________
Rich Guillen Date
City Administrator
30.2 For the Carmel-by-the-Sea Police Officers Association:
_________________________________________________________________________
Chris Johnson Date
President, Police Officers Association
100422.2 CA200-001
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“EXHIBIT 1”
Layoff Policy
(Per Resolution 92-90, adopted 10/29/92)
(Layoff Policy Included in the MOU per agreement)
Introduction
It is the intention of the City of Carmel-by-the-Sea to provide a layoff policy that insures
fairness and objectivity to all City employees as well as the best opportunity for a
transition to re-employment.
The City of Carmel-by-the-Sea, at its sole discretion, may layoff an employee due to the
lack of work, lack of funds, discontinuance of a program or service, or for any similar
reason. The City shall inform affected employees and the employee's representative
Association regarding potential layoffs in a timely manner when the City becomes aware
of potential layoffs.
The City shall utilize a committee appointed by the City Administrator, composed of
administration and recognized Employee Association representatives, to review potential
layoffs and discuss alternatives to layoffs.
For the purposes of this policy the following definitions shall apply:
Positions A group of duties and responsibilities assigned to one
employee
Classification A group of positions with the same job title having similar
duties, responsibilities, and qualifications
Re-Employment List A list for a specific position or classification containing the
names of laid off employees who have reinstatement rights
to that classification or position
Laid-Off Employee List One master list containing the names of all employees who
are in a layoff status
Regular Full-time Position A full-time position is an authorized budgeted position,
which may only be filled for the Departments standard
workweek as approved by the City Council on a full-time
basis and entitled to the benefits negotiated by the
applicable bargaining unit. Employees working 35 hours
per week or more shall be considered full-time.
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Regular Part-time Position Regular part-time positions are those authorized by the
City Administrator to have regularly scheduled
workweeks. Employees filling these positions shall work a
minimum of 1000 hours in a fiscal year and less than the
City’s standard workweek established for that position.
Employees authorized for these positions shall be eligible
for specific benefits, determined by the number of hours
authorized to work in the fiscal year, as follows:
1. 1000 - 1559 hours worked per fiscal year. Those
benefits required by applicable state and federal law,
membership in the California Public Employees
Retirement System (CalPERS), and eligible for
participation in the CalPERS Health program at the
employee’s expense. These positions shall be considered
at-will employees.
2. 1560 hours worked per fiscal year and less than 1819
hours worked per fiscal year. All benefits available to
full-time positions, except that all leave hours,
including but not limited to vacation leave, general
leave, sick leave and bereavement leave, shall be
computed at 75% of the full-time position
entitlements.
Temporary Employee These positions work no more than 1000 hours per fiscal
year and are eligible for only those benefits required by
applicable state and federal laws. These positions shall be
considered at-will employees
Intermittent Fire Engineer An employee who works in the capacity of a Fire Engineer
in a seasonal, limited-term emergency, intermittent,
substitute, or other irregular basis, who works an average
of twenty-four (24) hours per month in a fiscal year.
City The City Administrator and the powers granted the position
by the City Council
Base Pay For the purpose of layoffs base salary includes the salary
listed on the applicable range-step scale for a classification
plus the percentage of educational incentive pay (EIP) that
an employee is receiving immediately prior to layoff.
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LAYOFFS
I. Procedure
Layoffs shall be determined within City departments, not the City as a whole. In the
event of a reduction in work force in a department, the City shall designate the
classification(s) and position(s) to be eliminated. The City shall provide affected
employees and their Association representative(s) with a current seniority list for the
positions affected, the basis for proposed layoffs, the effective date of layoffs, and a copy
of this policy no later than thirty (30) calendar days prior to the effective date of the
layoffs. Additionally, affected employees shall be provided a summary of all accrued
benefits and entitlement at least thirty (30) calendar days prior to the effective date of
layoffs.
Layoffs shall be made among all representation unit employees in the same classification
within a City department in the following order:
A. Temporary employees;
B. Probationary new employees;
C. Regular Part-time employees working 1000 - 1559 hours per fiscal year.
D. Regular Part-time employees working 1560 - 1819 hours per fiscal year,
and Intermittent Fire Engineers
E. Regular Full-time employees;
No regular full-time or regular part-time employee within a department shall be laid off
in any classification if there are temporary employees in an active status in the same
classification within that department.
II. Seniority Defined
For purposes of layoff, seniority shall be defined as the length of paid continuous service
in all regular full-time positions within the City as determined by City personnel records.
Continuous service for purposes of determining seniority shall be defined to include work
related injury leave of up to one (1) year's duration, per leave and cumulatively. For
purposes of layoff, seniority for Intermittent Fire Engineers shall be date of hire for that
classification.
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III. Layoff by Classification
Layoffs shall be accomplished solely within individual departments, except as noted in
IV below. The order of layoff within a classification shall be based exclusively on
seniority, with the least senior employee being the first to be laid off.
IV. "Right to Return"
In the event that an employee is to be laid off, that employee shall have the right to return
to ("bump") any specific position in the City in which the employee has served in regular
full-time status or has qualifications for a lower classification within that department,
with due consideration to reclassifications, job descriptions and changes in titles of the
position previously held. In cases where the prior position has been reclassified or the
title changed, the City Administrator shall determine whether a right to return exists. An
employee must notify the City within ten (10) calendar days after receipt or written notice
of layoff of his/her desire to return to any classification or position, and shall identify the
classification or position.
V. Severance Pay
Each laid off employee shall receive severance pay based on the following:
Years of paid service Severance pay
Less than 5 years An amount equal to 3 weeks pay
5 - 10 years An amount equal to 4 weeks pay
11 - 15 years An amount equal to 5 weeks pay
16 years and over An amount equal to 6 weeks pay
VI. Health Insurance
Each employee who at time of layoff is covered by the City's Health Protection Plan shall
be eligible to continue group health insurances under the provisions of the Consolidated
Omnibus Budget Reconciliation Act (COBRA) with the City's group health plan for a
period defined by law. Cost for participation in this program shall be paid by the
employee pursuant to the rules and regulations of COBRA.
If a laid off employee elects this coverage, the benefit will continue until whichever of
the following events occurs first:
* Expiration of COBRA period defined by law
* Employee becomes covered under any other group health plan as an employee
or dependent. If the laid off employee fails to notify the City of such coverage,
66
the City may immediately terminate group coverage under COBRA and take
action to recover the City's costs for the period of time of dual eligibility.
* Employee or covered dependent becomes eligible for Medicare.
VII. Accrued Time
At the time of separation, each laid off employee shall be paid in full for all accrued time
earned during the course of employment to include 100 percent (100%) of vacation time,
holidays, compensatory time, general leave and management leave.
Shift employees of the Fire Department shall have accrued hours in their vacation
accounts divided in half and paid at their current hourly rate (Section X (C)(1) of the
1991-92 MOU).
Accrued sick leave at the employee's option shall be paid, at the employee's hourly rate at
time of layoff, as follows:
A. Employees hired prior to November 1, 1984, shall be paid fifty percent
(50%) of accrued sick leave in their account.
B. Employees hired after November 1, 1984, shall be paid fifty percent (50%)
of accrued sick leave in their account to a maximum of three hundred (300)
hours.
C. Shift Employees of the Fire Department shall have hours in their sick leave
account converted as described in Section XIII of the 1991-92 MOU and
then paid as described in sections A or B above.
In-lieu of being compensated for accrued sick leave, a laid off employee may choose to
leave his/her sick leave hours on account with the City until recalled for employment or
for no more than twenty-four (24) months from date of layoff. If a laid off employee is
not recalled for employment within twenty-four (24) months he/she shall be paid in
accordance with applicable Sections A-C above at the hourly rate in existence at time of
layoff.
VIII. Re-employment of Laid off Employees - Only
The names of persons laid off under these procedures shall be maintained on a City
re-employment list for the classification from which the employee was laid off and for
those specific positions that an employee previously held in regular City service for a
period of up to twenty-four (24) months from date of layoff. When using a
re-employment list to fill a position in a classification from which layoffs have occurred
within the twenty-four (24) month period, the City shall re-employ laid off employees
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from the list in reverse order of layoff. During the twenty-four (24) month period, no
new employee shall be hired nor shall any employee be promoted to a classification from
which layoffs have occurred until all employees on layoff status in that classification
have had the opportunities permitted under this policy.
A laid off employee may be removed from the City re-employment list for any of the
following reasons: 1) The expiration of twenty-four (24) months from the date of layoff;
or 2) Failure to accept an offer of employment with the City in the classification held
prior to layoff; or 3) Failure to appear for a job interview after fourteen (14) days
notification by Certified U.S. Mail of such interview; or 4) Failure to respond within
fourteen (14) days of available employment; or 5) Request in writing by the laid off
employee to be removed from this list.
It is the responsibility of the laid off employee to advise the City Personnel Office, in
writing, of any change in address or phone number. Failure to abide by this provision
constitutes a waiver of rights by the employee.
IX. Retraining
It is the City's intent to consider on-the-job training programs for laid off employees or
employees who have received notification of layoffs who may be interested in
transitioning to other available positions within the City for which they may or may not
yet be fully qualified. If an employee's qualifications are judged to meet the minimum
desirable qualifications as outlined in the job description, or if, in the opinion of the City
Administrator in cooperation with the Personnel Officer and Department Director it is
reasonable to expect the employee to meet the minimum desirable qualifications within a
90 calendar day period of on-the-job training, without any adverse impact on the City or
any City program or service, the City will consider that laid off employee prior to any
other employee or applicant. In the event that there is more than one laid off employee
who is considered for retraining, the laid off employee who has greater seniority will be
given first priority for consideration of the on-the-job training opportunity. If a laid off
employee is selected for such a position he/she will serve the training and observation
period established by applicable MOU for that position.
X. Restoration of Benefits for Recalled Employees
Any employee who has been laid off and is hired from a City re-employment list under
the terms of this article within twenty-four (24) months from the date of layoff shall be
entitled to: 1) Restoration of regular status or for employees who have not completed
their training and observation period, credit for that portion which has been completed
shall be given; and 2) Restoration of any accrued time lost due to layoff; and 3) Credit for
all years of service, which does not include time spent on layoff for the purpose of
determining seniority and benefits, with the exception of retirement system benefits
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which are controlled by the Public Employees' Retirement System; and 4) Placement in
the same step of the salary range the employee held at time of layoff.
XI. Appeal Procedure
An employee directly affected by the operation of this policy may, within ten (10)
calendar days after notice of layoff is received, request a meeting with his/her department
manager to review the application of this policy as it affects the employee's status. The
employee may be accompanied by the representative of his/her choice.
If the employee is not satisfied with the review provided by his/her department manager,
a further review of the application of the layoff policy may be requested by the employee
with the City Administrator. This request must be made within five (5) calendar days
after the discussion with the employee's department manager. The determination of the
City Administrator is final.