08-04-2020 - AGENDA ITEM 05 CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION12/1 /2020
Print Staff Report
AGENDA ITEM NO. 5
DATE: August 4, 2020
TO: Mayor and City Council
FROM: David Carmany
City Manager
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
SUBJECT: CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2020-77 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
BACKGROUND:
The West Covina Police Management Association's Memorandum of Understanding (MOU) expired on June
30, 2019. The City and the West Covina Police Management employees met and conferred on nine (9)
occasions and have memorialized a successor MOU.
DISCUSSION:
The City and the Police Management Association have reached a successor Memorandum of Understanding
(MOU) for July 1, 2019 through June 30, 2022. The terms and conditions agreed upon address the necessary
cost -saving measures as a result of the City's dire financial condition, as declared by the City Council on
May 19, 2020, and incorporates prior side letters of agreements as well as addressing non -substantive clean-up
of MOU language.
The successor MOU is included as Exhibit A to Attachment 1 (Resolution 2020-77). A redline version of the
prior MOU is included as Attachment 2, which outlines the changes that have been made.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Helen Tran, HR/Risk Management Director
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(h) (2), the cost sharing will then be treated as a pre-tax deduction. The Parties agree
that should the MOU expire without a successor agreement in place, the cost sharing
as described above shall continue.
F. Additional Retirement Benefits:
In additional, the following benefits will remain in place for unit members, unless
deemed ineligible by PERS under the Public Employees' Pension Reform Act of 2013.
• 4th Level Survivor Benefits
Level IV of 1959 Survivor Benefits pursuant to Government Code Section
21574.
• Military Buy Back
Military service credit as public service credit pursuant to Government Code
Section 21024.
• Post -Retirement Survivor Allowance
Post -Retirement Survivor Continuance benefit pursuant to Government Code
Section 21624.
• Pre -Retirement Optional Settlement 2 Death Benefit
Pre -Retirement Optional Settlement 2 Death Benefit pursuant to Government
Code Section 21548.
• Pre -Retirement Death Benefit After Remarriage of Survivor
Pre -Retirement Death Benefit after Remarriage of Survivor pursuant to
Government Code Section 21551.
• Credit For Unused Sick Leave
Credit for Unused Sick Leave pursuant to Government Code Section 20965.
• Other PERS Benefits
Any other PERS Benefit Programs that are provided to the West Covina
Police Officers Association shall be provided to the Police Management
Association
SECTION 3. PARS SUPPLEMENTAL RETIREMENT PLAN:
The City will replace the Employer Paid Member Contributions (EPMC) gross up amount
that has been historically reported to CalPERS with a PARS Supplemental retirement
plan. This supplemental plan will make the employees whole in consideration for the loss
of the incremental stipend amount due to the "West Covina Plan" method of calculation
no longer being allowable under CalPERS regulations.
The PARS plan will pay a retirement amount for all years of service to those unit
employees retiring from the City based on 0.89% of PERSable compensation. At the time
of retirement, the employee can make a one-time election to receive either an ongoing
monthly stipend or a lump sum amount at the time of retirement based on an actuarially
determined net present value of the annual stipends. The monthly stipends will contain
the same benefit options as the City's PERS plan including 2% annual COLA's and
survivor benefits. This plan will be available to all future retirees, and any past retirees
who retired after July 1, 2004 who can provide documentation to the City that the 0.89%
of compensation was disallowed by CAPERS in determining their retirement stipend.
Effective July 1, 2012, employees must be employed as a Police Management employee
with the City of West Covina for a minimum of three (3) years to be eligible to receive this
benefit.
The City retains the responsibility to fund this plan with actuarially determined
contributions.
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City contributions for Medical, Dental, and Vision Insurance will be provided as set forth
below for all bargaining unit members.
To comply with the Public Employees' Hospital and Medical Care Act (PEMCHA), the City
will contribute the statutory minimum amount for the provision of medical insurance. In
addition, the City will contribute an additional amount for current bargaining unit members
into a cafeteria plan in accordance with IRS Code Section 125. These additional amounts
will be as follows:
A. Health Insurance
1. An amount that when added to the PEHMCA statutory minimum amount is up
to the Kaiser Full Family premium rate. If an employee chooses a plan that is
less than Kaiser Full Family premium rate (e.g., Blue Shield two party), the
amount provided for health insurance through the cafeteria plan will be the
PERS statutory minimum plus the additional amount to pay for Blue shield two -
parry premium rate. If an employee chooses a plan that is more than Kaiser Full
Family premium rate (e.g., PERS Care Family), the amount provided for health
insurance through the cafeteria plan will be the PERS statutory minimum plus
the additional amount to pay Kaiser Full Family premium rate. The employee
would pay the additional amount for the PERS Care Family plan premium
through a payroll deduction.
2. Effective January 1, 2018, the City's medical contributions will be based on the
coverage tier (single, two-party or family) as follows:
Effective January 1, 2018, the City's medical contributions will be based on the
coverage tier (single, two-party or family) as follows:
An employee who selects an Employee Only medical plan will receive a City
contribution in an amount that when added to the PEMCHA statutory minimum
amount equals the monthly Los Angeles region Kaiser Employee Only medical
premium.
An employee who selects an Employee plus One medical plan will receive a
City contribution in an amount that when added to the PEMCHA statutory
minimum amount equals the monthly Los Angeles region Kaiser 2-party
medical premium.
An employee who selects an Employee plus Two or More (Family) medical plan
will receive a City contribution in an amount that when added to the PEMCHA
statutory minimum amount equals the monthly Los Angeles region Kaiser
Family medical premium.
In the event the Police Officers Association agrees to cap the City medical
contribution; such a cap shall also apply to the Police Management Association.
3. An employee who selects a single party plan with a monthly premium of less
than $600, will receive the difference between the amount of that premium and
$600 in cash. An employee who does not take the City's health insurance and
can demonstrate that he/she has health insurance from another source will
receive $600.00 per month. Under either of these two scenarios, that amount
can be received as cash, placed in the employee's deferred compensation
account or used to purchase dental or vision insurance above the amounts
provided through the cafeteria plan as described below.
B. Dental Insurance
In addition to the above amount for medical, the cafeteria amount shall also include
up to $53.28 monthly for dental insurance for member and eligible dependents. If
the dental insurance plan chosen by the member is less than $53.28, the amount
shall be the cost of the dental insurance chosen. If the dental insurance plan
chosen by the member is equal to or more than $53.28 per month, the amount
shall be $53.28.
C. Vision Insurance:
In addition to the above amounts for medical and dental, the cafeteria amount shall
also include up to $40.04 monthly for vision insurance for member and eligible
dependents. If the vision insurance plan chosen by the member is less than
$40.04, the amount shall be the cost of the vision insurance chosen. If the vision
insurance plan chosen by the member is equal to or more than $40.04 per month,
the amount shall be $40.04.
SECTION 5. RETIREE HEALTH BENEFIT
The City contracts with CaIPERS for the provision of health insurance. To comply
with the Public Employees' Hospital and Medical Care Act, the City will contribute
the statutory minimum amount for the provision of retiree medical insurance for all
retirees in the bargaining unit.
In addition to the provision of the statutory minimum amount for all retirees, to
comply with PEHMCA, the City will provide a retiree longevity stipend to offset the
cost of retiree medical benefits as follows:
1. Tier 1 Emplovees:
For employees hired prior to July 1, 2012 with a minimum of five years sworn
service with the West Covina Police Department, when they retire from the City,
each month the City will contribute up to nine hundred thirty-one dollars and
twenty six cents ($931.26) minus the PERS statutory minimum for that year into
a qualified Health Reimbursement Account (HRA). The City will cover all
administrative costs associated with the HRA and benefits will not be reduced to
retirees as a result of administrative fees/costs. The money placed into the HRA
by the City on behalf of the retiree will be available to be used to purchase health
insurance. For retirees that do not use PERS Medical, the amount placed into
the HRA will not be reduced by the PERS statutory minimum.
If the retiree chooses a plan that is less $931.26, the amount the City will contribute
into the HRA per month will be the amount of the plan chosen minus the PERS
statutory minimum for that year. For retirees that do not use PERS Medical, the
amount placed into the HRA will not be reduced by the PERS statutory minimum.
If the retiree chooses a plan that is $931.26 or more, the amount the City will
contribute into the HRA per month will be $931.26 minus the PERS statutory
minimum for that year. For retirees that do not use PERS Medical, the amount
placed into the HRA will not be reduced by the PERS statutory minimum.
Effective January 1, 2013, for employees hired prior to July 1, 2012 with a
minimum of five years sworn service with the West Covina Police Department,
when they retire from the City, each month the City will contribute up to one
thousand four dollars and eighty cents ($1,004.80) minus the PERS statutory
minimum for that year into a qualified Health Reimbursement Account (HRA). The
City will cover all administrative costs associated with the HRA and benefits will
not be reduced to retirees as a result of administrative fees/costs. The money
placed into the HRA by the City on behalf of the retiree will be available to be used
to purchase health insurance. For retirees that do not use PERS Medical, the
amount placed into the HRA will not be reduced by the PERS statutory minimum.
Effective January 1, 2013, if the retiree chooses a plan that is less $1,004.80, the
amount the City will contribute into the HRA per month will be the amount of the
plan chosen minus the PERS statutory minimum for that year. If the retiree
chooses a plan that is $1,004.80 or more, the amount the City will contribute into
the HRA per month will be $1,004.80 minus the PERS statutory minimum for that
year.
Employees hired prior to July 1, 2012 with less than five years sworn service with
the West Covina Police Department are not eligible for the retiree longevity
stipend.
The term "employee", as it relates to Tier 1 health benefits, includes all prior
retirees, current employees and future retirees, with the exception of Tier 2
employees.
2. Tier 2 Emolovees:
Employees hired between July 1, 2012 and December 31, 2016 are only eligible
for the retiree longevity stipend described above for Tier 1 employees if they retire
from the City of West Covina with a minimum of 20 years of sworn service, five of
which were with the City of West Covina Police Department. A Tier 2 employee
who does not meet this eligibility criteria will not receive the retiree longevity
stipend, but like all retirees of the City, as set forth above, the City will contribute
the PERS statutory minimum amount on the retiree's behalf.
The City affirms that the provision of retiree health benefits for Tier 1 and Tier 2
Police Management Members as described above, will not be revoked by the City
during that member's lifetime (defined as until member's death). Further, the City
will reimburse, to the extent applicable, all yearly Medicare premiums once a
retired employee or a retired employee's spouse enroll in Medicare.
Upon death of a Tier 1 or Tier 2 retiree, the City shall continue to reimburse the
cost of the healthcare premiums for a surviving spouse. This benefit will cease if
the spouse remarries. This benefit is only available to a spouse married to a retiree
at the time of retirement.
3. Tier 3 Emnlovees:
Employees hired on or after January 1, 2017 are not eligible for the retiree longevity
stipend. Those employees will receive a $200 per month City contribution to a RHS
plan. For example, a member of the Police Officers Association who was first hired
by the City on or after January 1, 2017 would not be eligible for the retiree longevity
stipend but would receive a $200 per -month City RHS contribution.
SECTION 6. LIFE INSURANCE
A. Policies
The City shall provide all unit employees a term life insurance policy in the amount
of $100,000 and an additional insurance benefit of $100,000 life insurance if killed
in the line of duty.
B. Retired Employee Term Life Insurance
The City shall provide all unit employees who retire from the City a term life
insurance in the amount of ten thousand ($10,000) dollars. It is understood there
shall be no reduction in benefits based on age.
SECTION 7. TUITION REIMBURSEMENT
Effective July 1, 2020, the Tuition Reimbursement Program described below is
suspended for the term of this Agreement, through June 30, 2022.
A. Maximum Reimbursement
Unit employees' tuition reimbursement (including books) shall be paid up to the
equivalent of yearly costs for seven (7) units of the California State University Los
Angeles (CSULA) cost.
B. Administrative Policy
The specific details of the Tuition Reimbursement Program is set forth in the City's
Administrative Policy approved on August 13, 1992, and amended thereafter.
SECTION 8. HOURS OF WORK
Daily hours of work or shifts of employees within departments shall be assigned by the
Chief of Police as required to meet the operational requirements of the department.
Effective May 6, 2017, the Police Lieutenants shall transition from FLSA Non-exempt to
exempt status. The intent of this change is to move Police Lieutenants to a fixed salary
and eliminate the overtime benefit (Section 14. Overtime) agreed to in the prior
memoranda of understanding. Therefore, the Association has agreed to adopt the "Patrol
Lieutenant Deployment Strategy" (Attachment B) which was presented to the Police Chief
for approval.
A. Patrol Division
Lieutenants assigned -to the Patrol Division shall work a 3/12.50 work schedule.
Salary is based upon a 40-hour workweek with the condition that at the end of the
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month the employee will owe the City 10 hours to be reconciled in the form of a
scheduled payback.
B. Non -Patrol
All other non -patrol police management employees are assigned to a 4/10 work
schedule that begins on Saturday at 12:00 A.M. and ends on Friday at 11:59 P.M.
SECTION 9. COMPENSATORY TIME
Prior to the salary adjustment all compensatory time shall be cashed out at the member's
hourly pay rate as of May 2, 2017. Also, in the event a City employee is promoted from
another bargaining group (e.g. Police Officers' Association), all compensatory time must
be cashed out at the employee's rate of pay prior to the effective date of the promotion.
SECTION 10. VACATION
It is the policy of the City that whenever possible, vacation be taken annually in the year
earned. The time during the year at which an employee may take vacation shall be
determined by the appointing authority of such employee with due regard for the wishes
of the employee and particular regard for the needs of the service.
Eligible employees shall earn and accumulate to a maximum vacation leave as follows:
Months
Service
Hours
Per Pay Period
Hours
Per Month
Maximum
Accruals
1— 60*
3.08
6.67
320
61 — 108
4.62
10.00
360
109 —120
4.92
10.67
368
121 — 132
5.23
11.33
376
133 —144
5.54
12.00
384
145 —156
5.85
12.67
392
157 +
6.15
13.33
400
* After completion of 60 months of service, forty (40) additional hours vacation shall be
granted.
A. Limitation — Vacation Leave Accrual
1. Employees shall not be allowed to accrue vacation leave beyond the stated
maximums.
2. No employee shall lose earned vacation leave because of work urgency as
approved by management. Work urgency is defined as the department's need to
have the employee at work to perform duty assignments for a specified period of
time.
m
3. If an employee has reached the maximum allowed unused vacation leave balance,
and is unable to take vacation leave due to work urgency, industrial injury,
extended medical leave, special or pre -scheduled leave as authorized by
management, the Human Resources Director will approve a waiver of the
maximum allowed unused balance for a period not to exceed six (6) months per
fiscal year.
B. Vacation Accrual of Holidays
If a holiday falls within a scheduled vacation period, vacation shall be granted based
on the employees' regular work schedule (e.g. 12.5 hours for patrol and 10 hours for
non -patrol).
C. Payment for Unused Vacation
1. Upon separation of employment the 100% of the employee accrued vacation
benefits shall be contributed to the Police Management Association's 401 (A)
deferred retirement account.
2. Upon request of the employee and the department head and with approval of the City
Manager, in order to address unusual or emergency conditions, an employee may be
paid the straight time daily equivalent of his/her salary in lieu of vacation time off. Such
payment shall be for no more than 40 hours in any one calendar year, except as
otherwise provided herein.
D. Advance Pavment of Vacation
Any employee who is authorized to take 40 or more hours of vacation with pay at one
time may apply for the payment of salary in advance for any pay period occurring during
the period of the employee's authorized vacation. The application must be approved
by the employee's Department Head and filed with the Finance Director at least seven
(7) days before the vacation period for which the salary advance is requested. In cases
of extreme emergency where the employee is unable to give the required notice,
approval for an advance vacation check may be given where such request can be
justified to, and approved by, the Department Head, and Finance Director.
E. Pavment-in-lieu of Vacation
Employees with less than five years of City service may receive payment in lieu of up to
80 hours of accumulated vacation time in any calendar year upon filing a written request
with the Finance Department at least five days prior to requested date of issuance of the
check, upon approval of Department Head. Employees with five or more years of service
may receive payment in lieu of up to 120 hours.
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SECTION 11. POLICE MANAGEMENT ADMINISTRATIVE LEAVE
Administrative Leave is provided to Police Management employees for the attendance at
City Council meetings, community events, special events and the management of police
services.
A. Management Leave Time for Lieutenants
Effective January 1 of each year, Lieutenants will receive 70 hours of police
management leave (pro-rata based upon date of appointment). Employees will not be
allowed to cash out or carry over any unused police management leave. Any unused
leave will expire at the end of each calendar year.
B. Administrative Leave for Captains
Effective January 1 of each year, Captains will receive 115 hours of Administrative
Leave (pro-rata based upon date of appointment). Employees will not be allowed to cash
out or carry over any unused Administrative leave. Any unused leave will expire at the
end of each calendar year.
Employees may submit a request to the City Manager to carry over a maximum of
forty (40) hours of unused Administrative Leave to the next calendar year; which must
be used within six (6) months. Approval of request are the sole discretion of the City
Manager.
SECTION 12. SICK LEAVE
To aid in reducing illness, the parties shall work in unison to educate and emphasize to
employee members the importance of proper diet, sleep, exercise and other pertinent
practices in maintaining a healthy condition.
A. Allowance/Accumulation
City employees shall accrue 96 hours of sick leave per year. Following completion of
thirty (30) calendar days of continuous full-time service, each City employee shall
accrue 3.69 hours per pay period of sick leave pay. Thereafter for each calendar
month of service in which the employee has worked or has been paid for more than
two-thirds (2/3) of the actual number of working days of such month, he/she shall be
allowed eight hours of credit for sick leave with pay. Sick leave may be used by new
employees following thirty calendar days of employment. Unused sick leave may be
accumulated without limit.
B. Use of Sick Leave
No more than 48 hours of sick leave within any calendar year may be granted to an
employee for the care or attendance upon members of his/her immediate family, and
not more than 48 hours of sick leave within any calendar year may be granted to an
employee each absence due to death of his/her immediate family. The phrase
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"immediate family" is defined as spouse, domestic partner, mother, mother-in-law,
father, father-in-law, brother, brother-in-law, sister, sister-in-law, child, and a
grandparent or grandchild, if residing within the home or within the same place of
residence of the employee.
C. Reinstatement of Sick Leave
Upon reemployment, an employee who was terminated due to layoff will have sick
leave time reinstated in that amount accumulated at the time of layoff up to a maximum
of 320 hours. In the event that through the course of continued employment
accumulated sick leave exceeds 320 hours, payoff for such excess accumulations
shall be in accordance with the payoff provisions of the program, but in no case shall
the aggregate of such amount(s) exceed that provided by the policy.
D. Sick Leave Annual Payoff Program
There will be a one-time suspension of the cashing out of up to sixty (60) hours of sick
leave in November of 2020. This benefit will be reinstated and employees shall be
able to cash out up to sixty (60) hours of sick leave in the next cash out period in
November of 2021. The employee sick leave annual payoff program shall be
administered as follows:
1. By November of each calendar year, the City will determine the amount of unused
sick leave for the calendar year that shall begin on the 25th biweekly pay period of
each year through the 24'h biweekly pay period of the following year for purposes
of this provision. The specific dates between these pay periods vary from year to
year and shall be provided to the employees in November of each year for the
following year.
2. The maximum amount of sick leave hours cashed each calendar year at the
employee's hourly rate is sixty (60) hours
3. Each employee must carry over to a sick leave "bank" a minimum of 36 current
year unused hours per year in December, and may request cash payment for any
hours above 36 current year unused hours or may add it to the sick leave bank
4. The sick leave payoff shall be based upon the pay rate of the employee as of the
cutoff date of the above defined sick leave calendar year.
5. If 36 hours per calendar year of unused sick leave are not available, the number
of unused hours must be carried over to the sick leave bank.
6. Employees shall not be allowed to change sick leave to other forms of paid leave
upon return to work.
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12/1/2020 Print Staff Report
Fiscal Impact
FISCAL IMPACT:
Anticipated savings is approximately $48,000 in benefits reduction suspension for a period of 6 months.
Attachments
Attachment No. 1 - Resolution No. 2020-77
Exhibit A - Memorandum of Understanding
Attachment No. 2 - Redline version of Memorandum of Understanding
CITY Achieve Fiscal Sustainability and Financial Stability
COUNCIL Enhance the City Image and Effectiveness
GOALS &
OBJECTIVES:
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7. The current payoff programs at termination or retirement, as detailed in the
Personnel Rules, remain unchanged.
E. Sick Leave to Service Credit Upon Retirement
The City shall contract with CalPERS for the Credit for the Unused Sick Leave option
under Government Code section 20965. Employees, upon retirement, may elect to
convert all accumulated and unused sick leave to CAPERS service credit.
F. Phvsician's Certificate on Use of Sick Leave
The Department Head may require evidence in the form of a physician's certificate, or
written statement, as to adequacy of reason for any employee's absence of three (3) or
more consecutive working days for which sick leave was requested or management
suspects an abuse of sick leave. A failure to supply or provide said certificate or written
statement maybe grounds for denial of sick leave pay and the imposition of such
disciplinary action as may be deemed appropriate.
G. Physical Examination
Any employee absent from work for a period of three (3) or more consecutive working
days, due to illness or accident, may be required to submit to and successfully
complete a physical examination before returning to active duty. The physical
examination will be conducted by a physician of the City's choice, with all costs to be
paid by the City.
SECTION 13. HOLIDAYS
A. Fixed Holidays
The City will recognize the following days as official City fixed holidays: New Year's
Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day, Day after Thanksgiving, Christmas Eve, and Christmas Day.
Each fixed holiday granted to employees shall be a full shift of up to ten (10) hours of
time off with pay. Any additional time taken off above ten hours per each fixed holiday
must be deducted from the employee's other leaves, such as vacation.
B. Observation of Saturday and Sunday Holidays
For those employees whose normal work week is Monday through Friday, when a
holiday falls on a Sunday, the following Monday shall be deemed to be the holiday in
lieu of the day observed. When a holiday falls on a Saturday, the preceding Friday
shall be deemed the holiday in lieu of the day observed.
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C. Holiday Accrual on Flex Day Off or Workday
For all other employees, when a holiday falls on a regularly scheduled day off, the
employee shall be entitled to straight time compensation for the holiday. This
compensation can be taken either as compensatory time or pay, at the discretion of
the employee. When a holiday falls on a regularly scheduled workday, employees
assigned to Patrol shall accrue eight hours of holiday time in addition to being paid for
time worked.
SECTION 14. BEREAVEMENT LEAVE
Bereavement - 40 hours of said leave per calendar year will be available to an employee
in the event of the death of said employee's grandparent, parent, spouse, domestic
partner, child, stepchild, brother, or sister. The program is supplemental to the current
sick leave program.
SECTION 15. VEHICLE ASSIGNMENT
Police Management Members shall be assigned vehicles. Vehicles must be used in
accordance with Lexipol standards and guidelines.
SECTION 16. DISABILITY DISCRIMINATION
The City's policy shall be to make such efforts as are consistent with federal and state
laws to place physically or mentally disabled employees in such positions that can be
made available in the City service where their disabilities will not affect the performance
of their duties. This policy will extend to all terms, conditions and privileges of
employment.
The Americans with Disabilities Act (ADA) requires accommodation for individuals on a
case by case basis. Prior to the City providing an accommodation, which would be
contrary to negotiated agreements, the City shall provide written notice of intent to
disregard provisions and shall meet and confer over options prior to implementation.
The City has a legal obligation to meet with individual employees as necessary to discuss
possible accommodation before any adjustments are made to working conditions. The
Association shall be notified prior to the implementation of proposed accommodations by
the City, which affects an employee or group of employees within their respective
bargaining unit. Accommodations provided to an individual protected by the ADA shall
not establish a past practice, nor shall it be cited or used as evidence of past practice in
any grievance process.
No employee shall hold any position in a class where such individual poses a risk to the
health or safety of the individual or others.
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SECTION 17. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint Procedure, Sections 15.1-15.6
SECTION 18. EMPLOYEE AND EMPLOYER RIGHTS
The parties hereto agree that this MOU does not in any manner abridge, modify or
restrict the rights and prerogatives of employees and the City as set forth in Chapter 2
of the West Covina Municipal Code. It is understood that said rights and prerogatives of
the City include, but are not limited to, determinations as to the levels of service,
manning requirements, work schedules, transfers, number and location of work stations,
nature of work to be performed, contracting for any work or operations, employee
performance standards, discipline and discharge, and reasonable work and safety rules
and regulations in order to maintain the efficiency and economy desirable, in the
performance of City services. It is further agreed that the City agrees to meet and confer
with the recognized bargaining representatives regarding the impact of such
management decisions on matters within the scope of representation.
SECTION 19, OTHER PROVISIONS NOT COVERED HERE
It is understood that all other items relating to employee salaries and benefits not covered
in this MOU, are covered by existing ordinances, resolutions, and policies of the City
Council, as well as the Personnel Rules and Regulations presently in effect.
SECTION 20. MASTER MOU
The Association and the City have met and conferred in good faith to achieve this
Memorandum of Understanding which replaces and superseded all previous
Memorandum of Understandings.
SECTION 21. SEVERABILITY
It is understood and agreed that this MOU is subject to all present and future federal
and state laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of
this MOU is in conflict or inconsistent with such applicable provisions of federal or state
laws or regulations, or otherwise held to be invalid or unenforceable by a tribunal of
competent jurisdiction, such part of provision shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be
affected thereby and shall remain in full force and effect.
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SECTION 22. RATIFICATION AND IMPLEMENTATION
A. Acknowledgement
The City and Association acknowledge that this Memorandum of Understanding shall
not be in full force and effect until ratified by those Association members voting who
are in classifications represented by the Association set forth in this Agreement and
adopted in the form of a resolution by the City Council.
B. Mutual Recommendation
This Agreement constitutes a mutual recommendation by the parties hereto, to the
City council, that one or more ordinances and/or resolutions be adopted accepting
its provisions and effecting the changes enumerated herein relating to wages, hours,
fringe benefits, and other terms and conditions of employment for unit employees
represented by the Association.
C. Ratification
Subject to the foregoing, this Memorandum of Understanding is hereby ratified by
the authorized representatives of the City and the Association and entered into on
this 4th day of August 2020.
D. Term of Memorandum of Understandina
The term of this Memorandum of Understanding shall be for the period commencing
on July 1, 2019 and terminating after June 30, 2022.
E. Reopener
From July 1, 2019 to June 30, 2022 ('Reopener Period"), the Association may
reopen negotiations on the issue of compensation. In order to exercise its right to
reopen, the Association must provide written notice to reopen to the City during the
Reopener Period. Should the Association not provide such timely notice, the
Association shall waive its right to reopen. Should the Association provide such timely
notice, the City and the Association shall meet for its first negotiations session on the
limited reopener within 30 days of the Association providing notice to reopen unless
another date has been mutually agreed to.
18
PARTIES TO AGREEMENT
West Covina Police Management
Association (WCPMA)
Travis Tibbetts
Police Management Association
President
Ken Plunkett
Police Management Association
City of West Covina
Dave Carmany
City Manager
Helen Tran
Human Resources/Risk Management
Director
19
ATTACHMENT A
West Covina Police Management Association
Authorized Salary Ranges
Per Resolution No. 2020-02 Adopted by City Council on January 7, 2020
Position Title
Pay Grade
Period
Minimum
Ste 1
Mid -Point
Ste 2
Maximum
Ste 3
Police Captain
PM 300
Monthly
$14,594.00
N/A
$16,783.00
Annually
$175,130.00
N/A
$201,400.00
Police Lieutenant
PM475
Monthly
$13,750.00
$14,667.00
1 $15,667.00
Annually
$165,000.00
$176,000.00
1 $188,000.00
20
CITY OF WEST COVINA
FULL-TIME SALARY SCHEDULE
Revised January 7, 2020
Effective the navroll period beeinnine on or after January 12. 2020
POSITION TITLE
Account Clerk
BARGAINING UNIT
General Employees
GRADE
GN060
STEP I
$3,023
MONTHLY
STEP 2
$3,175
PAY RANGE
STEP 3
$3,333
STEP 4
$3,500
STEP 5
$3,675
Accountant
Confidential Employees
CE160
$4,325
-
-
-
$5,838
Accounting Manager
Mid -Management
MM025
$6,190
-
-
-
$8,358
Accounting Technician
Confidential Employees
CE450
$3,278
-
-
-
$4,424
Administrative Aide
Confidential Employees
CE226
$3,419
-
-
-
$4,615
Administrative Assistant I
General Employees
GN090
$3,222
$3,383
$3,552
$3,730
$3,917
Administrative Assistant II
Confidential Employees
CE105
$3,216
-
-
-
$4,338
Administrative Services Manager
Mid -Management
MM045
$7,036
-
-
-
$9,499
Administrative Technician
General Employees
GN045
$3,023
$3,175
$3,333
$3,500
$3,675
Assistant City Clerk
Department Heads
DH310
$7,332
-
-
-
$9,898
Assistant City Engineer
Mid -Management
MM520
$8,321
-
-
-
$10,469
Assistant City Manager
Department Heads
DH250
$11,273
-
-
-
$15,215
Assistant Finance Director
Mid -Management
MM455
$7,036
-
-
-
$9,499
Assistant Fire Chief
Fire Management Assoc.
FM275
$8,829
-
-
-
$11,923
Assistant to the City Manager
Mid -Management
MM132
$6,458
-
-
-
$8,719
Building Inspector
General Employees
GN250
$4,452
$4,674
$4,908
$5,154
$5,411
Building Maintenance Leadworker
Maintenance & Crafts
MT200
$4,112
$4,317
$4,533
$4,760
$4,998
Building Official
Mid -Management
MM500
$7,618
-
-
-
$10,285
Building/Engineering Permit Technician
General Employees
GN165
$3,535
$3,712
$3,898
$4,093
$4,297
Business License Inspector
General Employees
GN170
$3,519
$3,695
$3,879
$4,073
$4,277
City Manager
Department Heads
DH160
$17,667
-
-
-
-
Civil Engineering Assistant
General Employees
GN290
$4,909
$5,154
$5,412
$5,682
$5,966
Civil Engineering Associate
Mid -Management
MM110
$5,201
-
-
-
$7,022
Code Enforcement Manager
Mid -Management
MM308
$6,986
-
-
-
$9,462
Code Enforcement Officer
General Employees
GN210
$4,037
$4,239
$4,451
$4,673
$4,907
Code Enforcement Supervisor
Mid -Management
MM465
$4,961
-
-
-
$6,697
Communications Manager
Mid -Management
MM461
$5,767
-
-
-
$7,690
Communications Supervisor
Mid -Management
MM460
$4,798
-
-
-
$6,480
Communications Technician
General Employees
GN335
$5,061
$5,314
$5,579
$5,858
$6,151
Community Development Director
Department Heads
DH120
$10,494
-
-
-
$14,167
Community Enhancement Coordinator
General Employees
GN211
$5,008
$5,259
$5,522
$5,798
$6,088
Community Services Coordinator
General Employees
GN315
$4,198
$4,408
$4,628
$4,860
$5,103
Community Services Director
Department Heads
DH020
$9,415
-
-
-
$12,710
Revised 01.07.20 by RESO 2020-02
Replaces Schedule 11.05.19 21
CITY OF WEST COVINA
FULL-TIME SALARY SCHEDULE
Revised January 7, 2020
Effective the oavroll period beeinnine on or after January 12. 2020
POSITION TITLE
Community Services Manager
BARGAINING UNIT
Mid -Management
GRADE
MM300
STEP I
$5,766
MONTHLY
STEP 2
-
PAY RANGE
STEP 3
-
STEP 4
-
STEP 5
$7,784
Community Services Officer
Non -Sworn Public Safety
NS160
$3,256
$3,419
$3,589
$3,770
$3,959
Community Television Producer
Confidential Employees
CE270
$3,906
-
-
-
$5,271
Community Television Production Asst.
General Employees
GN185
$3,277
$3,441
$3,613
$3,794
$3,984
Computer Services Technician
General Employees
GN200
$4,085
$4,289
$4,503
$4,728
$4,965
Computer Systems Administrator
Mid -Management
MM490
$6,244
-
-
-
$8,429
Construction Coordinator
General Employees
GN310
$5,325
$5,591
$5,871
$6,164
$6,472
Contract Coordinator
General Employees
GN320
$4,279
$4,493
$4,718
$4,954
$5,201
Court Liaison Officer
General Employees
CRTLIA
$3,442
$3,614
$3,794
$3,984
$4,183
Criminal Justice Research Analyst I
Confidential Employees
CE156
$4,241
-
-
-
$5,725
Criminal Justice Research Analyst II
Confidential Employees
CE157
$5,154
-
-
-
$6,442
Departmental Aide
Confidential Employees
CE532
$3,718
-
-
-
$5,324
Deputy Building Official
Mid -Management
MM514
$6,598
-
-
-
$8,910
Deputy City Clerk
Confidential Employees
CE430
$4,114
-
-
-
$5,554
Deputy City Manager
Department Heads
DH260
$8,140
-
-
-
$10,989
Deputy Fire Marshal
Mid -Management
MM133
$5,510
-
-
-
$6,697
Economic Development/ HSG
Mid -Management
MM040
$6,985
-
-
-
$9,431
Economic Development Project Coordinator
Mid -Management
MM134
$5,251
-
-
-
$7,089
Economic Development Specialist
General Employees
GN035
$4,102
$4,307
$4,523
$4,749
$4,986
Electrician I
Maintenance & Crafts
MT210
$3,394
$3,554
$3,731
$3,918
$4,114
Electrician II
Maintenance & Crafts
MT090
$4,210
$4,421
$4,642
$4,874
$5,118
Electrician Leadworker
Maintenance & Crafts
MT120
$4,664
$4,897
$5,142
$5,399
$5,669
Engineering Technician
General Employees
GN260
$4,369
$4,587
$4,816
$5,057
$5,310
Equipment Maintenance Supervisor
Mid -Management
MM120
$5,046
-
-
-
$6,810
Equipment Mechanic I
Maintenance & Crafts
MT030
$3,295
$3,460
$3,633
$3,814
$4,005
Equipment Mechanic II
Maintenance & Crafts
MT080
$3,892
$4,087
$4,291
$4,506
$4,731
Equipment Mechanic Leadworker
Maintenance & Crafts
MT130
$4,406
$4,626
$4,858
$5,101
$5,356
Equipment Operator
Maintenance & Crafts
MT060
$3,787
$3,976
$4,175
$4,384
$4,603
Executive Assistant to City Manager
Confidential Employees
CE355
$3,955
-
-
-
$5,337
Finance Director
Department Heads
DH040
$11,583
-
-
-
$15,637
Fire Captain
Firefighters Association
FR030
$8,358
$8,776
$9,215
$9,676
$10,160
Fire Chief
Department Heads
DH180
$12,641
-
-
-
$17,066
Fire Engineer
Firefighters Association
FR020
$7,148
$7,506
$7,881
$8,275
$8,689
Revised 01.07.20 by RESO 2020-02
Replaces Schedule 11.05.19 22
CITY OF WEST COVINA
FULL-TIME SALARY SCHEDULE
Revised January 7, 2020
Effective the navroll period beeinnine on or after January 12. 2020
POSITION TITLE
Fire Marshal
BARGAINING UNIT
Mid -Management
GRADE
MM135
STEP I
$6,459
MONTHLY
STEP 2
-
PAY RANGE
STEP 3
-
STEP 4
-
STEP 5
$8,719
Fire Protection Specialist
General Employees
GN365
$4,452
$4,674
$4,908
$5,154
$5,411
Firefighter
Firefighters Association
FRO10
$6,133
$6,440
$6,762
$7,100
$7,455
Firefighter Paramedic
Firefighters Association
FR020
$7,148
$7,506
$7,881
$8,275
$8,689
Fleet Services Coordinator
General Employees
GN330
$4,881
$5,125
$5,381
$5,650
$5,933
Forensic Specialist
Non -Sworn Public Safety
NS003
$4,263
$4,492
$4,722
$4,952
$5,182
Head Cook
General Employees
GN350
$3,595
$3,774
$3,963
$4,161
$4,369
Housing Program Coordinator
General Employees
GN245
$5,097
$5,352
$5,619
$5,900
$6,195
Human Resources Analyst I
Mid -Management
MM304
$4,589
-
-
-
$6,198
Human Resources Analyst II
Mid -Management
MM305
$5,018
-
-
-
$6,774
Human Resources & Risk Management Director
Department Heads
DH070
$9,160
-
-
-
$12,366
Human Resources Manager
Mid -Management
MM306
$6,986
-
-
-
$9,462
Human Resources Technician
Confidential Employees
CE415
$3,474
-
-
-
$4,688
Information Technology Analyst I
Mid -Management
MM492
$5,244
-
-
-
$7,023
Information Technology Analyst II
Mid -Management
MM493
$7,023
-
-
-
$7,724
Information Technology Manager
Mid -Management
MM491
$7,680
-
-
-
$9,705
Jailer
Non -Sworn Public Safety
NS130
$3,390
$3,563
$3,739
$3,928
$4,123
Lead Jailer
Non -Sworn Public Safety
NS131
$3,731
$3,932
$4,133
$4,334
$4,535
Maintenance Leadworker
Maintenance & Crafts
MT100
$3,991
$4,191
$4,400
$4,620
$4,851
Maintenance Services Supervisor
Mid -Management
MM350
$5,556
-
-
-
$7,500
Maintenance Worker I
Maintenance & Crafts
MTO10
$3,041
$3,193
$3,353
$3,520
$3,696
Maintenance Worker II
Maintenance & Crafts
MT020
$3,192
$3,352
$3,519
$3,695
$3,880
Maintenance Worker III
Maintenance & Crafts
MT040
$3,350
$3,518
$3,693
$3,878
$4,072
Management Analyst
Mid -Management
MM320
$4,217
-
-
-
$5,691
Management Analystll
Mid -Management
MM130
$5,251
-
-
-
$7,089
Office Assistant I
General Employees
GN010
$2,360
$2,478
$2,601
$2,732
$2,868
Office Assistant II
General Employees
GN030
$2,704
$2,839
$2,981
$3,130
$3,287
Park Maintenance Supervisor
Mid -Management
MM530
$4,990
-
-
-
$6,737
Parking Enforcement Officer
General Employees
GN080
$3,014
$3,165
$3,323
$3,489
$3,664
Plan Check Engineer
Mid -Management
MM055
$6,911
-
-
-
$9,329
Planning Aide
General Employees
GN175
$3,332
$3,499
$3,674
$3,858
$4,051
Planning Assistant
General Employees
GN270
$4,485
$4,709
$4,945
$5,192
$5,452
Planning Associate
General Employees
GN280
$4,807
$5,047
$5,299
$5,564
$5,843
Revised 01.07.20 by RESO 2020-02
Replaces Schedule 11.05.19 23
CITY OF WEST COVINA
FULL-TIME SALARY SCHEDULE
Revised January 7, 2020
Effective the navroll period beeinnine on or after January 12. 2020
POSITION TITLE
Planning Director
BARGAINING UNIT
Department Heads
GRADE
DH090
STEP I
$9,024
MONTHLY PAY RANGE
STEP 2 STEP 3
- -
STEP 4 STEP 5
- $12,183
Planning Manager
Mid -Management
MM020
$7,407
- -
- $10,000
Police Administrative Services Manager
Mid -Management
MM131
$6,197
- -
- $8,365
Police Captain
Police Management Assoc.
PM350
$14,594
- -
- $16,783
Police Chief
Department Heads
DH075
$14,307
- -
- $18,027
Police Corporal
Police Officers Association
PD020
$7,494
$7,869 $8,262
$8,675 $9,109
Police Lieutenant
Police Management Assoc.
PM475
$13,750
$14,667 $15,667
N/A N/A
Police Officer
Police Officers Association
PD010
$6,955
$7,303 $7,668
$8,051 $8,454
Police Officer Recruit
General Employees
GN230
$4,066
$4,269 $4,483
$4,707 $4,942
Police Records Specialist I
Non -Sworn Public Safety
NS070
$2,828
$2,972 $3,119
$3,275 $3,439
Police Records Specialist II
Non -Sworn Public Safety
NS110
$3,033
$3,185 $3,345
$3,513 $3,687
Police Records Supervisor
Mid -Management
MM060
$4,953
- -
- $6,685
Police Sergeant
Police Officers Association
PD030
$8,674
$9,108 $9,563
$10,042 $10,544
Principal Engineer
Mid -Management
MM515
$6,911
- -
- $9,329
Principal Planner
Mid -Management
MM265
$6,229
- -
- $8,410
Programmer Analyst I
Confidential Employees
CE215
$5,533
- -
- $7,467
Public Safety Dispatcher
Non -Sworn Public Safety
NS001
$4,352
$4,569 $4,798
$5,038 $5,289
Public Services Manager
Mid -Management
MM035
$6,452
- -
- $8,710
Public Services Superintendent
Mid -Management
MM302
$7,593
- -
- $10,250
Public Works Director
Department Heads
DH060
$11,018
- -
- $14,875
Public Works Project Supervisor
Mid -Management
MM580
$6,911
- -
- $9,329
Public Works Superintendent
Mid -Management
MM185
$6,588
- -
- $8,893
Purchasing Manager
Mid -Management
MM225
$5,518
- -
- $7,450
Recreation Services Supervisor
Mid -Management
MM030
$4,664
- -
- $6,297
Recreation Superintendent
Mid -Management
MM301
$5,653
- -
- $7,632
Revenue Manager
Mid -Management
MM540
$6,986
- -
- $9,462
Revenue Services Supervisor
Confidential Employees
CE535
$4,558
- -
- $6,153
Safety & Claims Manager
Mid -Management
MM191
$5,288
- -
- $7,139
Senior Account Clerk
General Employees
GN120
$3,271
$3,435 $3,606
$3,787 $3,976
Senior Accountant
Confidential Employees
CE170
$5,406
- -
- $7,298
Senior Administrative Assistant
Confidential Employees
CE410
$3,474
- -
- $4,688
Senior Citizens Program Coordinator
General Employees
GN360
$4,085
$4,289 $4,503
$4,728 $4,965
Senior Citizen's Services Supervisor
Mid -Management
MM390
$4,664
- -
- $6,297
Revised 01.07.20 by RESO 2020-02
Replaces Schedule 11.05.19 24
ATTACHMENT NO. 1
RESOLUTION NO. 2020-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, ADOPTING THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY AND THE WEST COVINA POLICE MANAGEMENT
ASSOCIATION
WHEREAS, on May 19, 2020, the City Council declared a fiscal emergency
through the adoption of Resolution No. 2020-46; and
WHEREAS, in declaring the fiscal emergency, the City Council directed the City
Manager to take any and all actions necessary to address the fiscal emergency, including,
but not limited to, measures relating to personnel and benefit costs, operations, and
reductions in service levels, and reviewing and negotiating changes to labor agreements,
service agreements, and franchise agreements, to the extent permitted by law; and
WHEREAS, the City of West Covina, hereinafter referred to as the "City, "and the
West Covina Police Management Association, hereinafter referred to as the
"Association," have met and conferred in accordance with the Meyers-Milias-Brown Act
and Government Code§ 3500 to address the City's fiscal emergency, and the appropriate
personnel -related cost savings measures needed to address the fiscal emergency; and
WHEREAS, the City and the Association have memorialized the agreement in a
Memorandum of Understanding, which is attached hereto as Exhibit "A".
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City and the
Association, attached hereto as Exhibit "A," is hereby approved.
SECTION 2. The City Manager is authorized to sign the Memorandum of
Understanding.
SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall
enter the same in the book of original resolutions and it shall become effective
immediately.
APPROVED AND ADOPTED this 4th day of August, 2020.
Tony Wu
Mayor
CITY OF WEST COVINA
FULL-TIME SALARY SCHEDULE
Revised January 7, 2020
Effective the oavroll period beeinnine on or after January 12. 2020
POSITION TITLE
Senior Communications Operator
BARGAINING UNIT
Non -Sworn Public Safety
GRADE
NS002
STEP I
$4,874
MONTHLY
STEP 2
$5,118
PAY RANGE
STEP 3
$5,374
STEP 4
$5,642
STEP 5
$5,923
Senior Communications Technician
General Employees
GN240
$5,777
$6,066
$6,370
$6,688
$7,022
Senior Maintenance Worker
Maintenance & Crafts
MT050
$3,413
$3,583
$3,762
$3,950
$4,148
Senior Planner
Mid -Management
MM020
$5,428
-
-
-
$7,328
Senior Software Developer
Mid -Management
MM315
$6,244
-
-
-
$8,430
Sign Painter
Maintenance & Crafts
MT070
$3,566
$3,745
$3,932
$4,129
$4,335
Software Developer
Confidential Employees
CE210
$4,993
-
-
-
$6,740
Software Development Manager
Mid -Management
MM310
$7,181
-
-
-
$9,694
Street Maintenance Supervisor
Mid -Management
MM345
$5,084
-
-
-
$6,864
Street Section Coordinator
General Employees
GN312
$4,677
$4,910
$5,156
$5,414
$5,684
Superintendent of Maintenance Ops
Mid -Management
MM188
$6,332
-
-
-
$8,548
Telecommunications Coordinator
Mid -Management
MM462
$4,798
-
-
-
$6,480
User Support Specialist
Confidential Employees
CE310
$4,534
-
-
-
$6,121
Victim Advocate
General Employees
GN140
$3,396
$3,566
$3,744
$3,931
$4,128
1) Revised on June 19, 2018 by Resolutions 2018-87 thru 2018-91(Successor MOU's w/ CEA, GEA, MCEA, and MMEA)
2) Revised on October 2, 2018 by Resolution 2018-124 (Reorganization and consolidation of Public Works, Planning, and Community Services Departments)
3) Revised on February 5, 2019 by Resolution 2019-09 (Dispatch Salary Adjustments), effective March 9, 2019.
4) Revised on November 5, 2019 by Resolution 2019-87 (Code Enforcement Manager), effective November 5, 2019.
5) Revised on January 7, 2020 by Resolution 2019-586 (Salary Adjustments to Finance Director, Fire Captain, Fire Engineer, Firefighter, Firefighter/Paramedic, Police Officer,
Police Corporal and Police Sergeant and delete Finance and Administrative Services Director).
Revised 01.07.20 by RESO 2020-02
Replaces Schedule 11.05.19 25
ATTACHMENT B
CITY OF WEST COVINA — Memorandum
Police Department
TO: DAVE FAULKNER, CHIEF OF POLICE
FROM: PAT BENSCHOP, LIEUTENANT
DATE: APRIL 06, 2017
SUBJECT: PATROL LIEUTENANT DEPLOYMENT STRATEGY
As a component of the currently proposed WCPMA MOU, Police Lieutenants have agreed to
transition from FLSA non-exempt status to exempt status. This simply moved the Lieutenants
onto a fixed salary with no overtime earnings. To meet the challenge of covering Patrol shifts in
the absence of the assigned Lieutenant, traditionally covered with overtime, the WCPMA
explored numerous deployment options. However, it was unanimously decided by the entire
body of the WCPMA that the Department would be best served by the Patrol Lieutenants
remaining on their current deployment schedule (3/12.5 shifts).
It. is the intention of the WCPMA to avoid staffing Patrol Lieutenant (Watch Commander)
vacancies with overtime. However, it is understood that where overtime can be significantly
impacted and controlled, it will not be completely eliminated where staffing is required 24 hours
per day; 7 days per week.
The following is a guideline which will be utilized to efficiently staff vacancies at the Watch
Commander position:
Regularly scheduled vacations/time-off:
Each month at the Lieutenants Meeting, Watch Commanders will have an opportunity to
inform the group of time off requests for the upcoming month
- The group will coordinate to backfill those vacancies with Patrol and/or special
assignment Lieutenants
- Where there are extended vacancies or scheduling conflicts, the Relief Sergeant may
be used to staff the position (as is the current practice)
Training Courses:
As with Vacation time, Watch Commanders will notify the Lieutenants group as soon as
practical of any -upcoming training course they will attend.
The vacancies may be staffed with Patrol and/or special assignment Lieutenants
Where there are extended vacancies created by the school or scheduling conflicts,
the Relief Sergeant may be used to staff the position (as is the current practice)
26
I3ackfill for 5th Sunday/Friday coverage:.
- The Crew 5 and Crew 6 Sergeants will be scheduled to cover these shifts.
Long -Term IOD (Watch Commander)
To handle the unforeseen incidents of long-term IOD's the special assignment
Lieutenants may be tasked with managing the Patrol coverage
In addition, the -Relief Sergeant may be tasked to work a portion of the coverage
EguitV-in Staffing:.
- Each month at the Lieutenant's Meeting, the group with examine the extra hours
(beyond the 40-hour work week) worked as well as time off taken by each Lieutenant
during that cycleto insure equity
- The Patrol: Division Captain will be provided with the monthly data
As this deployment strategy- is a new concept for file West Covina Police Department, it should
be expected that adjustments may become necessary in the interest of operational efficiency. The
Patrol Captain and Lieutenants will remain flexible and diligent in their overall deployment and
evaluation of this strategy.
In an effort to educate future Lieutenants on the expectations outlined above, HR will be adding
this information to all future promotional fliers for the rank of Lieutenant. Current Lieutenants
acknowledge and agree with this deployment strategy.
L D. LE
3
LTBUTENANT- . POINKEW
MUT'3NAW T2. ALL1iC�
27
ATTACHMENT NO. 2
MEMORANDUM OF UNDERSTANDING
T IE CITY OF WEST COVINA
AND
THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
EFFECTIVE
JULY 1, 201933 THROUGH JUNE 30, 244-92022 Commented [1]: Term of Agreementp--tto 7-2-2020
agreement #1 between City and PMA.
w 020\063\932 957,2
TABLE OF CONTENTS
SECTION
TITLE
PAGE NUMBER
1
SALARYSCHEDULE
3
2
PERS RETIREMENT BENEFITS
3
3
PARS SUPPLMENTAL RETIREMENT PLAN
5
4
CAFETERIA PLAN
5
5
RETIREE HEALTH BENEFIT
7
6
LIFE INSURANCE
8
7
TUITION REIMBURSMENT
9
8
HOURS OF WORK
9
9
COMPENSATORY TIME
10
10
VACATION
10
11
POLICE MANAGEMENT ADMINISTRARIVE LEAVE
11
12
SICK LEAVE
12
13
HOLIDAYS
14
14
BEREAVEMENT LEAVE
14
15
VEHICLE ASSIGNMENT
15
16
DISABILITY DISCRIMINATION
15
17
GRIEVANCE PROCEDURE
15
18
EMPLOYEE AND EMPLOYER RIGHTS
15
19
OTHER PROVISIONS NOT COVERED HERE
16
20
MASTER MOU
16
21
SEVERABILITY
16
22
WE0MWW32 957A
RATIFICATION AND IMPLEMENTATION
16
MEMORANDUM OF UNDERSTANDING
THE CITY OF WEST COVINA
AND
THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
PREAMBLE
The Meyers -Milian -Brown Act (MMBA) governs labor-management relationships within California local
governments. Under MMBA the wages, hours and other conditions of employment are contained in a
written memorandum of understanding. It also requires the City of West Covina ("City") and its employee
associations to meet and confer regarding these wages, hours and other conditions of employment. The
City and the West Covina Police Management Association ("Association") have been negotiating a
successor memorandum of understanding and an agreement has been reached for the period of July 1,
20194-5 through June 30, 20224-9.
THEREFORE, the City and the Association agree as follows:
SECTION 1. SALARY SCHEDULE
Formatted: Indent: Lek 0.5", No bullets or numbering
' Formatted: Indent: Left 0.5"
base pay increase; based on the pay rate in effect at that finn,
Formatted: Indent: Left 0.5", No bullets or numbering
Police Management Association Members shall be paid according to the attached salary schedule Formatted: Left Indent Left: 0.5", space Before: 14.5
(Attachment A). The salary schedule replaces all prior forms of compensation including uniform pt Line spacing: Exactly 13.75 pi, Tab stops: 0.25", Left
allowance, education incentive, senior officer pay and overtime compensation. + 0.75", Left
SECTION 2. PERS RETIREMENT BENEFITS
The contract between the City and Public Employees' Retirement System (PEAS) shall provide the
following benefits for unit employees:
A. 3 % at age 50 (Employees Hired Prior to December 19, 2012)
Unit members hired by the City of West Covina prior to December 19, 2012, shall participate
in the PERS 3% at age 50 PERS retirement benefit plan. The City shall _ay 10 Bf the PERS
-
e-mployeu�S'Each employee shall pay the full employee cost of nine percent (9%). Such
contribution shall be made on a pre-tax basis.
Retirement benefits under the 3.0% at age 50 formula shall be computed using the One -Year
Final Compensation Option (per the city's contract with CalPERS).
B. 3 % at me 55 (Classic PERS Members)
Unit members hired between December 19, 2012 and January 1, 2013, or having reciprocity
with another PERS agency ("classic member") shall participate in the 3% at age 55 PERS
L10 .A.19:11MYt➢FS"
retirement benefit plan. T - of the PERS employer Each employee
U,j JM9:*IVJYL9U"A
shall pay the full employee cost of nine percent (9%). Such contribution shall be made
on a pre-tax basis.
Retirement benefits under the 3.0% at age 55 formula shall be computed using the One -Year
Final Compensation Option (per the city's contract with CalPERS).
C. 2.7% at age 57 (New PERS Members)
Unit members classified as "new safety members," as defined by the Public Employees'
Pension Reform Act of 2013, hired on or after January 1, 2013 shall participate in the 2.7%
at age 57 PERS retirement benefit plan, with their final compensation based upon the
average of their highest annual compensation earned over a three (3) year period. New
members will be required to pay the appropriate share of their pension costs and other
provisions, as required by the Public Employees' Pension Reform Act of 2013.
IMF. Additional Retirement Benefits:
In addition, the following benefits will remain in place for unit members, unless deemed
ineligible by PERS under the Public Employees' Pension Reform Act of 2013.
w 20M3W9 957A
• 4o' Level Survivor Benefits
Level IV of 1959 Survivor Benefits pursuant to Government Code Section 21574.
• Military Buy Back
Military service credit as public service credit pursuant to Government Code Section
21024.
• Post -Retirement Survivor Allowance
Post -Retirement Survivor Continuance benefit pursuant to Government Code Sections
21624_and -2L624
• Pre -Retirement Optional Settlement 2 Death Benefit
Pre -Retirement Optional Settlement 2 Death Benefit pursuant to Government Code
Section 21548.
• Pre -Retirement Death Benefit After Remarriaee of Survivor
Pre -Retirement Death Benefit after Remarriage of Survivor pursuant to Government
Code Section 21551.
• Credit For Unused Sick Leave
Credit for Unused Sick Leave pursuant to Government Code Section 20965.
• Other PERS Benefits
Any other PERS Benefit Programs that are provided to the West Covina Police
Officers Association shall be provided to the Police Management Association.
SECTION 3. PARS SUPPLEMENTAL RETIREMENT PLAN
The City will replace the Employer Paid Member Contribution (EPMC) gross up amount
that has been historically reported to CaIPERS with a PARS Supplemental retirement plan.
This supplemental plan will make the employees whole in consideration for the loss of the
incremental stipend amount due to the "West Covina Plan" method of calculation no longer
being allowable under CaIPERS regulations.
The PARS plan will pay a retirement amount for all years of service to those unit
employees retiring from the City based on .89% of PERSable compensation. At the time
of retirement, the employee can make a one-time election to receive either an ongoing
monthly stipend or a lump sum amount at the time of retirement based on an actuarially
determined net present value of the annual stipends. The monthly stipends will contain the
same benefit options as the City's PERS plan including 2% annual COLA's and survivor
benefits. This plan will be available to all future retirees, and any past retirees who retired
after July 1, 2004 who can provide documentation to the City that the .89% of
compensation was disallowed by CaIPERS in determining their retirement stipend.
Effective July 1, 2012, employees must be employed as a Police Management employee
with the City of West Covina for a minimum of three (3) years to be eligible to receive this
benefit.
wFQOM3W9 957A
The City retains the responsibility to fund this plan with actuarially determined
contributions. SECTION 4. CAFETERIA PLAN
City contributions for Medical, Dental, and Vision Insurance will be provided as set forth
below for all bargaining unit members.
To comply with the Public Employees' Hospital and Medical Care Act (PEMCHA), the
City will contribute the statutory minimum amount for the provision of medical insurance.
In addition, the City will contribute an additional amount for current bargaining unit
members into a cafeteria plan in accordance with IRS Code Section 125. These additional
amounts will be as follows:
A. Health Insurance
1. An amount that when added to the PEHMCA statutory minimum amount is up to the
Kaiser Full Family premium rate. If an employee chooses a plan that is less than
Kaiser Full Family premium rate (e.g., Blue Shield two party), the amount provided
for health insurance through the cafeteria plan will be the PERS statutory minimum
plus the additional amount to pay for Blue shield two-party premium rate. If an
employee chooses a plan that is more than Kaiser Full Family premium rate (e.g.,
PERS Care Family), the amount provided for health insurance through the cafeteria
plan will be the PERS statutory minimum plus the additional amount to pay Kaiser
Full Family premium rate. The employee would pay the additional amount for the
PERS Care Family plan premium through a payroll deduction.
WEa20U163W32595/.v2
APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina,
California, do hereby certify that the foregoing Resolution No. 2020-77 was duly adopted
by the City Council of the City of West Covina, California, at a regular meeting thereof
held on the 4th day of August, 2020, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
Effective January 1, 2018, the City's medical contributions will be based on the coverage
tier (single, two-party or family) as follows:
An employee who selects an Employee Only medical plan will receive a City contribution
in an amount that when added to the PEMCHA statutory minimum amount equals the
monthly Los Angeles region Kaiser Employee Only medical premium.
An employee who selects an Employee plus One medical plan will receive a City
contribution in an amount that when added to the PEMCHA statutory minimum amount
equals the monthly Los Angeles region Kaiser 2-party medical premium.
An employee who selects an Employee plus Two or More (Family) medical plan will
receive a City contribution in an amount that when added to the PEMCHA statutory
minimum amount equals the monthly Los Angeles region Kaiser Family medical premium.
In the event the Police Officers Association agrees to cap the City medical contribution;
such a cap shall also apply to the Police Management Association.-
2_An employee who selects a single party plan with a monthly premium of less than $600,
will receive the difference between the amount of that premium and $600 in cash. An
employee who does not take the City's health insurance and can demonstrate that he/she has
health insurance from another source will receive $600.00 per month. Under either of these
two scenarios, that amount can be received as cash, placed in the employee's deferred
compensation account or used to purchase dental or vision insurance above the amounts
provided through the cafeteria plan as described below.
B. Dental Insurance
In addition to the above amount for medical, the cafeteria amount shall also include up to
$53.28 monthly for dental insurance for member and eligible dependents. If the dental
insurance plan chosen by the member is less than $53.28, the amount shall be the cost of the
dental insurance chosen. If the dental insurance plan chosen by the member is equal to or more
than $53.28 per month, the amount shall be $53.28.
C. Vision Insurance:
In addition to the above amounts for medical and dental, the cafeteria amount shall also include
up to $40.04 monthly for vision insurance for member and eligible dependents. If the vision
insurance plan chosen by the member is less than $40.04, the amount shall be the cost of the
vision insurance chosen. If the vision insurance plan chosen by the member is equal to or more
than $40.04 per month, the amount shall be $40.04.
weozm 3W325957.,2
SECTION 5. RETIREE HEALTH
BENEFIT
A. Health Insurance
The City contracts with CalPERS for the provision of health insurance. To comply with the
Public Employees' Hospital and Medical Care Act, the City will contribute the statutory
minimum amount for the provision of retiree medical insurance for all retirees in the
bargaining unit.
In addition to the provision of the statutory minimum amount for all retirees, to comply
with PEHMCA, the City will provide a retiree longevity stipend to offset the cost of retiree
medical benefits as follows:
1. Tier 1 Employees:
For employees hired prior to July 1, 2012 with a minimum of five years sworn service
with the West Covina Police Department, when they retire from the City, each month
the City will contribute up to nine hundred thirty-one dollars and twenty six cents
($931.26) minus the PERS statutory minimum for that year into a qualified Health
Reimbursement Account (HRA). The City will cover all administrative costs
associated with the HRA and benefits will not be reduced to retirees as a result of
administrative fees/costs. The money placed into the HRA by the City on behalf of
the retiree will be available to be used to purchase health insurance. For retirees that
do not use PERS Medical, the amount placed into the HRA will not be reduced by the
PERS statutory minimum.
If the retiree chooses a plan that is less $931.26, the amount the City will contribute into
the HRA per month will be the amount of the plan chosen minus the PERS statutory
minimum for that year. For retirees that do not use PERS Medical, the amount placed
into the HRA will not be reduced by the PERS statutory minimum. If the retiree
chooses a plan that is $931.26 or more, the amount the City will contribute into the
HRA per month will be $931.26 minus the PERS statutory minimum for that year. For
retirees that do not use PERS Medical, the amount placed into the HRA will not be
reduced by the PERS statutory minimum.
Effective January 1, 2013, for employees hired prior to July 1, 2012 with a minimum
of five years sworn service with the West Covina Police Department, when they retire
from the City, each month the City will contribute up to one thousand four dollars and
eighty cents ($1,004.80) minus the PERS statutory minimum for that year into a
qualified Health Reimbursement Account (HRA). The City will cover all
administrative costs associated with the HRA and benefits will not be reduced to
retirees as a result of administrative fees/costs. The money placed into the HRA by the
City on behalf of the retiree will be available to be used to purchase health insurance.
For retirees that do not use PERS Medical, the amount placed into the HRA will not be
reduced by the PERS statutory minimum.
WE020\063\9325957.v2
Effective January 1, 2013, if the retiree chooses a plan that is less $1,004.80, the
amount the City will contribute into the HRA per month will be the amount of the plan
chosen minus the PERS statutory minimum for that year. If the retiree chooses a plan
that is $1,004.80 or more, the amount the City will contribute into the HRA per month
will be $1,004.80 minus the PERS statutory minimum for that year.
Employees hired prior to July 1, 2012 with less than five years sworn service with the
West Covina Police Department are not eligible for the retiree longevity stipend.
The term "employee", as it relates to Tier 1 health benefits, includes all prior retirees,
current employees and future retirees, with the exception of Tier 2 employees.
2. Tier 2 Employees:
Employees hired between July 1, 2012 and December 31, 2016 are only eligible for the
retiree longevity stipend described above for Tier 1 employees if they retire from the
City of West Covina with a minimum of 20 years of swom service, five of which were
with the City of West Covina Police Department. A Tier 2 employee who does not
meet this eligibility criteria will not receive the retiree longevity stipend, but like all
retirees of the City, as set forth above, the City will contribute the PERS statutory
minimum amount on the retiree's behalf.
The City affirms that the provision of retiree health benefits for Tier 1 and Tier 2 Police
Management Members as described above, will not be revoked by the City during that
member's lifetime (defined as until member's death). Further, the City will reimburse,
to the extent applicable, all yearly Medicare premiums once a retired employee or a
retired employee's spouse enroll in Medicare.
Upon death of a Tier 1 or Tier 2 retiree, the City shall continue to reimburse the cost of
the healthcare premiums for a surviving spouse. This benefit will cease if the spouse
remarries. This benefit is only available to a spouse married to a retiree at the time of
retirement.
3. Tier 3 Employees:
Employees hired on or after January 1, 2017 are not eligible for the retiree longevity
stipend. Those employees will receive a $200 per month City contribution to a RHS
plan. For example, a member of the Police Officers Association who was first hired by
the City on or after January 1, 2017 would not be eligible for the retiree longevity
stipend but would receive a $200 per -month City RHS contribution.
SECTION 6. LIFE INSURANCE
A. Policies
The City shall provide all unit employees a term life insurance policy in the amount of
$100,000 and an additional insurance benefit of $100,000 life insurance if killed in the line of
duty.
wPA20 N9325951.v2
B. Retired Employee Term Life Insurance
The City shall provide all unit employees who retire from the City a term life insurance in the
amount of ten thousand ($10,000) dollars. It is understood there shall be no reduction in
benefits based on age.
SECTION 7. TUITION REIMBURSEMENT
Effective July 1 2020 the Tuition Reimbursement Program described below is suspended for the
term of this Aereement, through June 30 2022. commenced 121: T iii.. Retreb�sereenc Program
suspension p.... mt a 7-2-2020 agreement N7 between City
A. Maximum Reimbursement and PMA.
Unit employees' tuition reimbursement (including books) shall be paid up to the equivalent of
yearly costs for seven (7) units of the California State University Los Angeles (CSULA) cost.
B. Administrative Policy
The specific details of the Tuition Reimbursement Program is set forth in the City's
Administrative Policy approved on August 13, 1992, and amended thereafter.
SECTION S. HOURS OF WORK
Daily hours of work or shifts of employees within departments shall be assigned by the Chief of
Police as required to meet the operational requirements of the department.
Effective May 6, 2017, the Police Lieutenants shall transition from FLSA Non-exempt to exempt
status. The intent of this change is to move Police Lieutenants to a fixed salary and eliminate the
overtime benefit (Section 14. Overtime) agreed to in the prior memoranda of understanding.
Therefore, the Association has agreed to adopt the "Patrol Lieutenant Deployment Strategy"
(Attachment B) which was presented to the Police Chief for approval.
A. Patrol Division
Lieutenants assigned to the Patrol Division shall work a 3/12.50 work schedule. Salary is based
upon a 40-hour workweek with the condition that at the end of the month the employee will
owe the City 10 hours to be reconciled in the form of a scheduled payback.
B. Non -Patrol
All other non -patrol police management employees are assigned to a 4/10 work schedule that
begins on Saturday at 12:00 A.M. and ends on Friday at 11:59 P.M
W 020\0 D325957.v2
SECTION 9. COMPENSATORY TIME
Prior to the salary adjustment all compensatory time shall be cashed out at the member's hourly
pay rate as of May 2, 2017. Also, in the event a City employee is promoted from another
bargaining group (e.g. Police Officers' Association), all compensatory time must be cashed out at
the employee's rate of pay prior to the effective date of the promotion.
SECTION 10. VACATION
It is the policy of the City that whenever possible, vacation be taken annually in the year earned.
The time during the year at which an employee may take vacation shall be determined by the
appointing authority of such employee with due regard for the wishes of the employee and
particular regard for the needs of the service.
Eligible employees shall earn and accumulate to a maximum vacation leave as follows:
Months of
Service
Hours Earned
Per Pay Period
Hours Earned
Per Month
Maximum
Accruals
1— 60*
3.08
6.67
320
61108
4.62
10.00
360
109 —120
4.92
10.67
368
121 132
5.23
11.33
376
133 —144
5.54
12.00
384
145 156
5.85
12.67
392
157 +
6.15
13.33
400
*After completion of 60 months of service, forty (40) additional hours vacation shall be
granted.
A. Limitation - Vacation Leave Accrual
1. Employees shall not be allowed to accrue vacation leave beyond the stated maximums.
2. No employee shall lose earned vacation leave because of work urgency as approved by
management. Work urgency is defined as the department's need to have the employee at
work to perform duty assignments for a specified period of time.
3. If an employee has reached the maximum allowed unused vacation leave balance, and is
unable to take vacation leave due to work urgency, industrial injury, extended medical leave,
special or pre -scheduled leave as authorized by management, the Human Resources Director
will approve a waiver of the maximum allowed unused balance for a period not to exceed six
(6) months per fiscal year.
u>x.....ic... .. stsarz3
B. Vacation Accrual of Holidays
If a holiday falls within a scheduled vacation period, vacation shall be granted based on the
employees' regular work schedule (e.g. 12.5 hours for patrol and 10 hours for non -patrol).
C. Payment for Unused Vacation
1. Upon separation of employment the 100% of the employee accrued vacation benefits shall
be contributed to the Police Management Association's 401 (A) deferred retirement account.
2. Upon request of the employee and the department head and with approval of the City Manager,
in order to address unusual or emergency conditions, an employee may be paid the straight
time daily equivalent of his/her salary in lieu of vacation time off. Such payment shall be for no
more than 40 hours in any one calendar year, except as otherwise provided herein.
D. Advance Payment of Vacation
Any employee who is authorized to take 40 or more hours of vacation with pay at one time may
apply for the payment of salary in advance for any pay period occurring during the period of the
employee's authorized vacation. The application must be approved by the employee's
Department Head and filed with the Finance Director at least seven (7) days before the vacation
period for which the salary advance is requested. In cases of extreme emergency where the
employee is unable to give the required notice, approval for an advance vacation check may be
given where such request can be justified to, and approved by, the Department Head, and
Finance Director.
E. Payment -in -lieu of Vacation
Employees with less than five years of City service may receive payment in lieu of up to 80
hours of accumulated vacation time in any calendar year upon filing a written request with the
Finance Department at least five days prior to requested date of issuance of the check, upon
approval of Department Head. Employees with five or more years of service may receive
payment in lieu of up to 120 hours.
SECTION 11. POLICE MANAGEMENT ADMINISTRATIVE LEAVE
Administrative Leave is provided to Police Management employees for the attendance at City
Council meetings, community events, special events and the management of police services.
A. Management Leave Time for Lieutenants
Effective January 1 of each year, Lieutenants will receive 70 hours of police management
leave (pro-rata based upon date of appointment). Employees will not be allowed to cash out or
carry over any unused police management leave. Any unused leave will expire at the end of
each calendar year.
W dY{ptG=Y%}M"A
B. Administrative Leave for Captains
Effective January 1 of each year, Captains will receive 115 hours of Administrative Leave (pro-
rata based upon date of appointment). Employees will not be allowed to cash out or carry over
any unused Administrative leave. Any unused leave will expire at the end of each calendar year.
Employees may submit a request to the City Manager to cant' over a maximum of forty (40) hours of
unused Administrative Leave to the next calendar year; which must be used within six (6) months.
�pprovaI of request are the sole discretion of the City Manager.
SECTION 12. SICK LEAVE
To aid in reducing illness, the parties shall work in unison to educate and emphasize to employee
members the importance of proper diet, sleep, exercise and other pertinent practices in maintaining
a healthy condition.
A. Allowance/Accumulation
City employees shall accrue 96 hours of sick leave per year. Following completion of thirty
(30) calendar days of continuous full-time service, each City employee shall accrue 3.69 hours
per pay period of sick leave pay. Thereafter for each calendar month of service in which the
employee has worked or has been paid for more than two-thirds (2/3) of the actual number of
working days of such month, he/she shall be allowed eight hours of credit for sick leave with
pay. Sick leave may be used by new employees following thirty calendar days of employment.
Unused sick leave may be accumulated without limit.
B. Use of Sick Leave
No more than 48 hours of sick leave within any calendar year may be granted to an employee
for the care or attendance upon members of his/her immediate family, and not more than 48
hours of sick leave within any calendar year may be granted to an employee each absence due
to death of his/her immediate family. The phrase "immediate family" is defined as spouse,
domestic partner, mother, mother-in-law, father, father-in-law, brother, brother-in-law, sister,
sister-in-law, child, and a grandparent or grandchild, if residing within the home or within the
same place of residence of the employee.
C. Reinstatement of Sick Leave
Upon reemployment, an employee who was terminated due to layoff will have sick leave time
reinstated in that amount accumulated at the time of layoff up to a maximum of 320 hours. In
the event that through the course of continued employment accumulated sick leave exceeds
320 hours, payoff for such excess accumulations shall be in accordance with the payoff
provisions of the program, but in no case shall the aggregate of such amount(s) exceed that
provided by the policy.
W E020\063\9325957.d2
D. Sick Leave Annual Payoff Program
There will be a one-time suspension of the cashing out of up to sixty (60) hours of sick leave in
November of 2020. This benefit will be reinstated and employees shall be able to cash out up to
sixty (60) hours of sick leave in the next cash out period in November of 2021. The employee sick
leave annual payoff program .
shall be administered as follows:
1. By November of each calendar year, the City will determine the amount of unused sick
leave for the calendar year that shall begin on the 256 biweekly pay period of each year
through the 24' biweekly pay period of the following year for purposes of this provision.
The specific dates between these pay periods vary from year to year and shall be provided
to the employees in November of each year for the following year.
2. The maximum amount of sick leave hours cashed each calendar year at the employee's
hourly rate is sixty (60) hours.
3. Each employee must carry over to a sick leave "bank" a minimum of 36 current year
unused hours per year in December, and may request cash payment for any hours above
36 current year unused hours or may add it to the sick leave bank.
4. The sick leave payoff shall be based upon the pay rate of the employee as of the cutoff
date of the above defined sick leave calendar year.
5. If 36 hours per calendar year of unused sick leave are not available, the number of unused
hours must be carried over to the sick leave bank.
6. Employees shall not be allowed to change sick leave to other forms of paid leave upon
return to work.
The current payoff programs at termination or retirement, as detailed in the Personnel
Rules, remain unchanged..
E. Sick Leave to Service Credit Uaon RetiremenEmployees upon separation of continuous service, other than by discharge, shall be paid for
whieh shall be deposited into the 401 (A) defeffe
-.The Citv shall contract
with CalPERS for the Credit for the Unused Sick Leave option under Government Code
section 20965. Employees, upon retirement, may elect to convert all accumulated and unused
sick leave to Ca1PERS service credit.
F. Physician's Certificate on Use of Sick Leave
w0020t063t932595-2
The Department Head may require evidence in the form of a physicians certificate, or written
statement, as to adequacy of reason for any employee's absence of threetwe (23) or more
consecutive working days for which sick leave was requested orand management suspects an commented [31: Changes mane m wake aon6— with
abuse of sick leave. A failure to supply or provide said certificate or written statement mayshah applicable sick leave rules, i.e., Healthy Workplaces Law.
be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be
deemed appropriate.
WE02010630325951.v2
G. Phvsical Examination
Any employee absent from work for a period of three (3) or more consecutive working days,
due to illness or accident, may be required to submit to and successfully complete a physical
examination before returning to active duty. The physical examination will be conducted by a
physician of the City's choice, with all costs to be paid by the City.
SECTION 13. HOLIDAYS
A. Fixed Holidays
The City will recognize the following days as official City fixed holidays: New Year's Day,
Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after
Thanksgiving, Christmas Eve, and Christmas Day.
Each fixed holiday granted to employees shall be a full shift of up to ten (10) hours of time off
with pay. Any additional time taken off above ten hours per each fixed holiday must be
deducted from the employee's other leaves, such as vacation.
B. Observation of Saturday and Sunday Holidays
For those employees whose normal work week is Monday through Friday, when a holiday falls
on a Sunday, the following Monday shall be deemed to be the holiday in lieu of the day
observed. When a holiday falls on a Saturday, the preceding Friday shall be deemed the
holiday in lieu of the day observed.
C. Holiday Accrual on Flex Day Off or Work day
For all other employees, when a holiday falls on a regularly scheduled day off, the employee
shall be entitled to straight time compensation for the holiday. This compensation can be taken
either as compensatory time or pay, at the discretion of the employee. When a holiday falls on
a regularly scheduled work day, employees assigned to Patrol shall accrue eight hours of
holiday time in addition to being paid for time worked.
SECTION 14. BEREAVEMENT LEAVE
Bereavement - 40 hours of said leave per calendar year will be available to an employee in the
event of the death of said employee's grandparent, parent, spouse, domestic partner, child,
stepchild, brother, or sister. The program is supplemental to the current sick leave program.
W E020\063\9325957.d2
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
SECTION 15. VEHICLE ASSIGNMENT
Police Management Members shall be assigned vehicles. Vehicles must be used in accordance with
Lexipol standards and guidelines.
SECTION 16. DISABILITY DISCRIMINATION
The City's policy shall be to make such efforts as are consistent with federal and state laws to place
physically or mentally disabled employees in such positions that can be made available in the City
service where their disabilities will not affect the performance of their duties. This policy will extend to
all terms, conditions and privileges of employment.
The Americans with Disabilities Act (ADA) requires accommodation for individuals on a case by case
basis. Prior to the City providing an accommodation, which would be contrary to negotiated
agreements, the City shall provide written notice of intent to disregard provisions and shall meet and
confer over options prior to implementation.
The City has a legal obligation to meet with individual employees as necessary to discuss possible
accommodation before any adjustments are made to working conditions. The Association shall be
notified prior to the implementation of proposed accommodations by the City, which affects an
employee or group of employees within their respective bargaining unit. Accommodations provided to
an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as
evidence of past practice in any grievance process.
No employee shall hold any position in a class where such individual poses a risk to the health or
safety of the individual or others.
SECTION 17. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint Procedure, Sections 15.1-15.6.
SECTION 18. EMPLOYEE AND EMPLOYER RIGHTS
The parties hereto agree that this MOU does not in any manner abridge, modify or restrict the rights
and prerogatives of employees and the City as set forth in Chapter 2 of the West Covina Municipal
Code. It is understood that said rights and prerogatives of the City include, but are not limited to,
determinations as to the levels of service, manning requirements, work schedules, transfers, number
and location of work stations, nature of work to be performed, contracting for any work or
operations, employee performance standards, discipline and discharge, and reasonable work and
safety rules and regulations in order to maintain the efficiency and economy desirable, in the
performance of City services. It is further agreed that the City agrees to meet and confer with the
recognized bargaining representatives regarding the impact of such management decisions on
matters within the scope of representation.
wEmUp53\9325957.v2
SECTION 19. OTHER PROVISIONS NOT COVERED HERE
It is understood that all other items relating to employee salaries and benefits not covered in this MOU,
are covered by existing ordinances, resolutions, and policies of the City Council, as well as the
Personnel Rules and Regulations presently in effect.
SECTION 20. MASTER MOU
The Association and the City have met in in good faith to achieve this Memorandum of
Understanding which replaces and superseded all previous Memorandum of Understandings.
SECTION 21. SEVERABILITY
It is understood and agreed that this MOU is subject to all present and future federal and state laws
and regulations and the provisions hereof shall be effective and implemented only to the extent
permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with
such applicable provisions of federal or state laws or regulations, or otherwise held to be invalid or
unenforceable by a tribunal of competent jurisdiction, such part of provision shall be suspended and
superseded by such applicable laws and regulations and the remainder of this MOU shall not be
affected thereby and shall remain in full force and effect.
SECTION 22. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and Association acknowledge that this Memorandum of Understanding shall not be in full
force and effect until ratified by those Association members voting who are in classifications
represented by the Association set forth in this Agreement and adopted in the form of a resolution
by the City Council.
B. Mutual Recommendation
This Agreement constitutes a mutual recommendation by the parties hereto, to the City council,
that one or more ordinances and/or resolutions be adopted accepting its provisions and effecting
the changes enumerated herein relating to wages, hours, fringe benefits, and other terms and
conditions of employment for unit employees represented by the Association.
C. Ratification
Subject to the foregoing, this Memorandum of Understanding is hereby ratified by the authorized
representatives of the City and the Association and entered into on this 2M day of -May 2017.
1VI 1901RZUIY4}D "A
D. Term of Memorandum of Understandin
The term of this Memorandum of- Understanding shall be for the period commencing on July 1,
20201-5, and terminating after June 30, 20224-9.
E. Reopener
From July 1, 2020 to June 30, 2022 (,"Reopener Period"), the Association may reopen
negotiations on the issue of compensation. In order to exercise its right to reopen, the
Association must provide written notice to reopen to the City during the Reopener Period.
Should the Association not provide such timely notice, the Association shall waive its right to
reopen. Should the Association provide such timely notice, the City and the Association shall
meet for its first negotiations session on the limited reonener within 30 days of the Associatioi
Commented [4]: Limited Reopener on economic items pursuant to
7-2-2020 agreement #1 between City and PMA.
WE020\063\9325957.v2
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West Covina Police Management Association City of West Covina
WE02MOOW32595 A
ATTACHMENT A
West Covina Police Management Association
Authorized Salary Ranges
Effective May 6,°, 2917 Januavr 7, 2020 (Salary Resolution No. 2020-02)
Position Title
Period
Minimum
Ste 1 '
Mid -Point
Ste 2
Maximum
Ste 3Police
Ca rain
14594
N/A
16 783
5PavGradJA3—aUv
$175130
N/A
201400
Police Lieutenant
13 750
14 667
15 667
165 000
176 000
188 000
—020,053W315957,2
Attachment B
CITY OF WEST COVINA — Memorandum
Police Department
TO DAVE FAULKNER, CHIEF OF POLICE
FROM PAT BENSCHOP, LIEUIENANT
DATE APRIL 06, 2017
SUBJECT: PATROL LIEUTENANT DEPLOYMENT STRATEGY
As a component of the currently proposed WCPMA MOU, Police Lieutenants have agreed to
transition from: FLSA non-exempt status to exempt slams. This simD]y moved the Lieutenants
onto a fixed salary with no overtime earnings. To meet the challenge of covering Patrol shifts in
the absence of the assigned Lieutenant, traditionally covered with overtime, the WCPMA
explored numerous deployment options. However, it was unanimously decided by the entire
body of the WCPMA that the Department would be best served by the Patrol Lieutenants
remaining on their -current deployment schedule (3/12.5 shifts).
It. is the intention of the WCPMA to avoid staffing Patrol Lieutenant (Watch Commander)
vacancies with overtime. However, it is understood that where overtime can be significantly
impacted and controlled, it will not be completely eliminated where staffmgis required 24 hours
per day; 76 days per week.
The following is a guideline which will be utilized to efficiently staff vacancies at the
Watch Commander position:
Reeulazly scheduled vacations/time-off:
- Each month at the Lieutenant's Meeting, Watch Commanders will have an opportunity to
inform the group of time off requests for the upcoming month
The group will coordinate to backfill those vacancies with Patrol and/or special
assignment Lieutenants
Where there are extended vacancies or scheduling conflicts, the Relief Sergeant may be
used to staff the position (as is the current practice)
Training Courses:
As with Vacation tune, Watch Commanders will notify the Lieutenant's group as soon as
practical Of any -upcoming training course they will attend.
- The vacancies may be staffed with Patrol and/or special assignment Lieutenants
- Where there are extended vacancies created by the school or scheduling conflicts, the
Relief Sergeant may be used to staff the position (as is the current practice)
WE02a%WW32 95J
Bacldill for 5" Sunday/Friday covem¢e:
- The Crew 5 and Crew 6 Sergeants will be scheduled to cover these shifts.
Lone -Term IOD (Watch Commander)
- To handle the unforeseen incidents of long-term IOD's the special assignment Lieutenants
may be tasked with managing the Patrol coverage
- In addition, the -Relief Sergeant may be tasked to work a portionof the coverage
Equity -in Staffing;
- Each month at the Lieutenant's Meeting, the group with examine the extra horns (beyond the 40.hour
work week) worked as well as time off taken by each Lieutenant during that cycleto insure equity
- The Patrol :Division Captain will he provided with the monthly data
As this deployment strategy, is a new concept for file West Covina Police Department, it should
be expected that adjustments may become necessary in the interest of operational efficiency. The
Patrol Captain and Lieutenants will remain flexible and diligent in their overall deployment and
evaluation of this strategy.
In an effort to educate future Lieutenants on the expectations outlined above, HR will be adding this
information to all future promotional fliers for the rank of Lieutenant. Current Lieutenants
acknowledge and agree with this deployment strategy,
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WE02U06M957.J
SIDE LETTER AGREEMENT TO THE
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA
AND
THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
JULY 1, 2015 THROUGH JUNE 30, 2019
The City and the Association reached an agreement on a successor memorandum of
understanding for the period of July 1, 2015 through June 30, 2019. During the negotiations, the
parties discussed the various wages, hours and other conditions of employment.
The City and the Association agrees re -open negotiations regarding the PARS Supplemental
Retirement Plan (Attachment No. 1), within 30 days following ratification of the memorandum of
understanding.
It is understood that in the event an agreement is reached it will be presented to the City Council for
consideration.
PARTIES TO THE AGREEMENT
West Covina Police Management Association City of West Covina
c Pat Benschop
Police Management Association
Dennis Patton
Police Management Association
WBOMOON9325957,2
Al
Chris Freeland
City Manager
Tom Boko y
Human Resources Director
Formatted: Right Space Before: 0.15 pt, Line spacing:
Exactly 13.75 pt
Formatted: Right Space Before: 0.15 pt
WE020\063\9325957,2
ATTACHMENT NO. 1 - EXHIBIT "A"
MEMORANDUM OF UNDERSTANDING
THE CITY OF WEST COVINA
AND
THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
EFFECTIVE
JULY 1, 2019 THROUGH JUNE 30, 2022
TABLE OF CONTENTS
SECTION TITLE PAGE NUMBER
1 SALARY SCHEDULE 3
2 PERS RETIREMENT BENEFITS 3
3
PARS SUPPLMENTAL RETIREMENT PLAN
5
4
CAFETERIA PLAN
6
5
RETIREE HEALTH BENEFIT
8
6
LIFE INSURANCE
10
7
TUITION REIMBURSMENT
10
8
HOURS OF WORK
10
9
COMPENSATORY TIME
11
10
VACATION
11
11
POLICE MANAGEMENT ADMINISTRARIVE LEAVE
13
12
SICK LEAVE
13
13
HOLIDAYS
15
14
BEREAVEMENTLEAVE
16
15
VEHICLE ASSIGNMENT
16
16
DISABILITY DISCRIMINATION
16
17
GRIEVANCE PROCEDURE
17
18
EMPLOYEE AND EMPLOYER RIGHTS
17
19
OTHER PROVISIONS NOT COVERED HERE
17
20
MASTER MOU
17
21
SEVERABILITY
17
22
RATIFICATION AND IMPLEMENTATION
18
2
MEMORANDUM OF UNDERSTANDING
THE CITY OF WEST COVINA
AND
THE WEST COVINA POLICE MANAGEMENT ASSOCIATION
PREMABLE
The Meyers-Milias-Brown Act (MMBA) governs labor-management relationships within
California local governments. Under MMBA the wages, hours and other conditions of
employment are contained in a written memorandum of understanding. It also requires
the City of West Covina ("City") and its employee associations to meet and confer
regarding these wages, hours and other conditions of employment. The City and the
West Covina Police Management Association ("Association") have been negotiating a
successor memorandum of understanding and an agreement has been reached for the
period of July 1, 2019 through June 30, 2022.
THEREFORE, the City and the Association agree as follows:
SECTION 1. SALARY SCHEDULE
Police Management Association Members shall be paid according to the attached
salary schedule (Attachment A-1). The salary schedule replaces all prior forms of
compensation including uniform allowance, education incentive, senior officer pay and
overtime compensation.
SECTION 2. PERS RETIREMENT BENEFITS
The contract between the City and Public Employees' Retirement System (PERS) shall
provide the following benefits for unit employees:
A. 3% at Age 50 (Employees Hired Prior to December 19, 2012)
Unit members hired by the City of West Covina prior to December 19, 2012, shall
participate in the PERS 3% at age 50 PERS retirement benefit plan. Each employee
shall pay the full employee cost of nine percent (9%). Such contribution shall be made
on a pre-tax basis.
Retirement benefits under the 3.0% at age 50 formula shall be computed using the
One -Year Final Compensation Option (per the city's contract with CalPERS).
B. 3% at Age 55 (Classic PERS Members)
Unit members hired between December 19, 2012 and January 1, 2013 or having
reciprocity with another PERS agency ("classic member") shall participate in the 3%
at age 55 PERS retirement benefit plan. Each employee shall pay the full employee
cost of nine percent (9%). Such contribution shall be made on a pre-tax basis.
Retirement benefits under the 3.0% at Age 55 formula shall be computed using the
One -Year Final Compensation Option (per the City's contract with CalPERS)
C. 2.7% at Aae 57 (New PERS Members
Unit members classified as "new safety members," as defined by the Public
Employees' Pension Reform Act of 2013, hired on or after January 1, 2013 shall
participate in the 2.7% at age 57 PERS retirement benefit plan, with their final
compensation based upon the average of their highest annual compensation earned
over a three (3) year period. New members will be required to pay the appropriate
share of their pension costs and other provisions, as required by the Public
Employees' Pension Reform Act of 2013.
D. Classic member employees shall pay the entire nine percent (9%) member
contribution to the Public Employees' Retirement System (PERS) and an additional
three percent (3%) to CalPERS of the employer contribution as a cost -sharing
pursuant to Government Code section 20516(f) for a total contribution of twelve
percent (12%). This cost -sharing is based on the member contribution percentage
being 9%. Should the member contribution percentage increase beyond 9%, then the
total contribution shall remain at 12%. As soon as practical, the City shall amend the
CalPERS contract so that cost sharing will be by contract amendment under
Government Code section 20516(a) so that the additional 3% cost sharing identified
above will be switched from cost sharing under Government Code section 20516(f) to
Government Code section 20516 (a). When cost sharing by contract amendment
becomes effective under Government Code section 20516 (a), cost sharing under
Government Code section 20516(f) shall immediately cease. In accordance with IRS
Code section 414 (h) (2), the cost sharing will then be treated as a pre-tax deduction.
The Parties agree that should the MOU expire without a successor agreement in
place, the cost sharing as described above shall continue.
E. New Member (PEPRA) employees shall pay 50% of the applicable normal cost as
their member contribution (California Government Code Section 7522.30 (c)). In the
event that 50% of the applicable normal cost member contribution falls below twelve
percent (12%) of compensation earnable, the New Member Employee shall pay the
difference between 12% of compensation earnable and 50% of the applicable normal
cost member contribution pursuant to cost sharing in accordance with Government
Code Section 20516 (f). As soon as practical, the City shall amend the CalPERS
contract so that cost sharing will be by contract amendment under Government Code
section 20516 (a) so that the additional cost sharing identified above will be switched
from cost sharing under Government Code section 20516 (f) to Government Code
section 20516 (a). When cost sharing by contract amendment becomes effective
under Government Code section 20516 (a), cost sharing under Government Code
section 20516(f) shall immediately cease. In accordance with IRS Code section 414