01/18/2022 - AGENDA ITEM 11 - CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE CITY OF WEST COVINA POLICE MANAGEMENT ASSOCIATION (WCPMA)AGENDA ITEM NO. 11
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: January 18, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
CITY AND THE CITY OF WEST COVINA POLICE MANAGEMENT ASSOCIATION
(WCPMA)
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolution:
RESOLUTION NO.2022-12- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE CITY OF WEST COVINA POLICE MANAGEMENT
ASSOCIATION (WCPMA)
BACKGROUND:
Under California law, the Meyers-Milias-Brown Act (MMBA) of 1968 established collective bargaining for
California municipalities. Collective bargaining is the process by which workers, through their associations, and
employers negotiate contracts to determine terms of employment, including pay, benefits, hours, leave, and job
health & safety policies. MMBA is a formalized union -management consultation and bargaining procedure.
The Memorandum of Understanding between the City and the City of West Covina Police Management
Association (WCPMA) will expire on June 30, 2022. The City and representatives for the West Covina Middle
Management Employees' Association met and conferred on one (1) occasion and have reached an agreement.
DISCUSSION:
The City and the West Covina Police Management Association have met and conferred in accordance with the
Meyers-Milias-Brown Act and Government Code § 3500 regarding terms and conditions of employment, including
wages, benefits, and hours. After having met and conferred a total of one (1) session, the City and the Police
Management Association have memorialized an agreement regarding wages, benefits, hours, and other terms and
conditions of employment in a Memorandum of Understanding (MOU) for the period of January 1, 2022 through
June 30, 2024, which is attached to this report as Attachment No. 2.
The following changes to the existing labor agreement are agreed upon to be incorporated into the successor
agreement and would become effective upon ratification of the MOU by the City Council. All other provisions
from the existing agreement are proposed to remain in the agreement without changes.
1. Term — 3 years (through December 31, 2024).
2. Salary Increase (Article 2- Salaries and Compensation) — Effective the first full pay period following
ratification of the MOU and not earlier, the base salary will increase by 8%; effective the first full pay period
following January 1, 2023, the base salary will increase by 3%; effective the first full pay period following
January 1, 2024, the base salary will increase by 3%.
3. Cost -Sharing (Article 2, Section V- PERS Retirement Benefits) — Effective the first full pay period following
January 1, 2024, both classic and new members will pay an additional 3% of compensation earnable towards
the employer contribution pursuant to cost -sharing so that the total cost -sharing contribution will be 15%.
The City and the Police Management Association also agreed that should the MOU expire without a
successor agreement in place, the cost -sharing contribution as described above will continue.
4. One-time Non-PERSable Essential Worker Pay — Within 45 days after ratification of the MOU, employees
will receive a one-time Non-PERSable essential worker pay of $5,000.00. The employees will receive the
one-time payment on a check separate from their paycheck.
5. SWAT Lieutenant Call Back Overtime — SWAT lieutenants will be eligible to receive overtime pay for
call-back time only.
6. Administrative Leave — Employees will receive an additional 10 hours of annual administrative leave.
LEGAL REVIEW:
The City Attorney's Office has reviewed the resolution and approved it as to form.
Prepared by: Helen Tran, Director of Human Resources/Risk Management Department
Fiscal Impact
FISCAL IMPACT:
The overall estimated fiscal impact is $170,000 over the three years. The $40,000 for one-time Essential Worker
pay that is proposed to be funded by the COVID Recovery Funds. The remaining $60,000 is not included in the
FY2021-22 Budget, however; revenues are trending over budget which should be able to cover this expense this
fiscal year. If approved, these adjustments are proposed to be included in the next quarterly budget amendment.
Fiscal Year
One -Time
Pay
Salaries &
Benefits
Total Estimated
Fiscal Impact
FY2021-22
40,000
60,00
100,00
FY2022-23
60,00
60,00
FY2023-24
10,00
10,00
Total
40,000
130,OOC
170,000
Attachments
Attachment No. 1 - Resolution No. 2022-12 (WCPMA MOU)
Attachment No. 2 - Exhibit A (WCPMA MOU)
CITY COUNCIL GOALS & OBJECTIVES: Protect Public Safety
Enhance City Image and Effectiveness
Respond to the Global COVID-19 Pandemic
Achieve Fiscal Sustainability and Financial Stability
ATTACHMENT NO. 1
RESOLUTION NO. 2022-12
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 (WCPMA)
THE CITY COUNCIL OF THE CITY OF WEST COVINA HEREBY FINDS,
DETERMINES, AND DECLARES AS FOLLOWS:
WHEREAS, the City of West Covina, hereinafter referred to as the "City," and the
West Covina Police Management Association (WCPMA), have met and conferred in
accordance with the Meyers-Milias-Brown Act and Government Code § 3500; and
WHEREAS, the meet and confer process is a process that can result in an agreement
between employees and the City regarding terms and conditions of employment, including
wages, benefits and hours; and
WHEREAS, the City and the West Covina Police Management Association have
memorialized their agreement regarding wages, benefits, hours and other terms and
conditions of employment in a Memorandum of Understanding for the period of January 1,
2022 through December 31, 2024, which is attached hereto as Exhibit "A."
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the City and the West
Covina Police Management 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 18th day of January, 2022.
Dario Castellanos
Mayor
APPROVED AS TO FORM
Thomas P. Duarte
City Attorney
ATTEST
Lisa Sherrick
Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California,
do hereby certify that the foregoing Resolution No. 2022-12 was duly adopted by the City
Council of the City of West Covina, California, at a regular meeting thereof held on the 18th
day of January, 2022, by the following vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTAIN:
Lisa Sherrick
Assistant City Clerk
EXHIBIT A
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ATTACHMENT NO. 2 - EXHIBIT A
MEMORANDUM OF UNDERSTANDING
MANAGEMENT FOR THE CITY OF WEST COVINA
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CITY OF WEST COVINA
POLICE MANAGEMENT ASSOCIATION (WCPMA)
EFFECTIVE
JANUARY 1, 2022 THROUGH DECEMBER 31, 2024
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 January 1, 2022 through December 31, 2024.
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.
Effective the first full pay period following ratification of the MOU and not earlier, the base
salary shall increase by 8%; effective the first full pay period following January 1, 2023,
the base salary shall increase by 3%; effective the first full pay period following January
1, 2024, the base salary shall increase by 3%.
One-time NonPERSable Essential Worker Pay — Within 45 days after ratification of the
MOU, employees shall receive a one-time non-PERSable essential worker pay of
$5,000.00 (Five Thousand Dollars). The employees will receive the one-time payment on
a check separate from their paycheck.
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
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WE020A065V9916467.v2
shall pay the full employee cost of nine percent (9%) and an additional three percent
(3%) of compensation earnable towards the employer contribution pursuant to cost
sharing for a total contribution of twelve percent (12%). Effective the first full pay period
after January 1, 2024, each employee shall pay an additional three percent (3%) of
compensation earnable towards the employer contribution pursuant to cost sharing
for a total contribution of fifteen percent (15%) (9% employee paid member
contribution, 6% cost sharing). 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 CaIPERS).
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%) and an additional three percent (3%) of compensation
earnable towards the employer contribution pursuant to cost sharing for a total
contribution of twelve percent (12%). Effective the first full pay period after January 1,
2024, each employee shall pay an additional three percent (3%) of compensation
earnable towards the employer contribution pursuant to cost sharing for a total
contribution of fifteen percent (15%) (9% employee paid member contribution, 6% cost
sharing). 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 CaIPERS)
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 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. Effective the first full pay period following January 1, 2024,
the New Member Employee shall pay the difference between fifteen percent (15%) of
compensation earnable and 50% of the applicable normal cost member contribution.
The Parties agree that should the MOU expire without a successor agreement in
place, the cost sharing as described above shall continue.
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D. 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 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 CalPERS in determining their retirement stipend.
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WE020A065V9916467.v2
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.
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
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.
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.
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WE020A065V9916467.v2
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.
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 Employees:
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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.
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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 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 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.
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
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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 Pol
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.
SWAT Lieutenant Call Back Overtime —The SWAT Lieutenant shall be eligible to receive
overtime pay for call back time only. Such overtime work must be pre -approved by a
Police Captain.
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.
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
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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.
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
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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. Pavment for Unused Vacation
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. 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.
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 80 hours of police
management leave (pro-rata based upon date of appointment). Employees will not be
WE020A065V9916467.v2
allowed to cash out or carry over any unused police management leave. Any unused
leave will expire at the end of each calendar year.
Effective January 1 of each year, Captains will receive 125 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
"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
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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
Employees shall be able to cash out up to sixty (60) hours of sick leave pursuant to
the annual payoff program, which 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 24th 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 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 CalPERS service credit.
F. Physician'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
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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.
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 Saturdav and Sundav 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 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
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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.
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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.
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 181h day of January 2022.
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D. Term of Memorandum of Understanding
The term of this Memorandum of Understanding shall be for the period commencing
on January 1, 2022 and terminating after December 31, 2024.
PARTIES TO AGREEMENT
West Covina Police Management City of West Covina
a3yt
Travis Tibbetts
Police Management Association
President Q
X /e� 3f T
Ken Plunke
Police Management Association
WE020\065\991646Tv2
Dave Carmany
City Manager
Helen Tran
Human Resources/Risk Management Director
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ATTACHEMENT A
West Covina Police Management Association
Authorized Salary Ranges
Per Resolution No. 2022-12 Adopted by City Council on January 18, 2022
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ATTACHEMENT 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 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 time, 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)
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Backfill 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
Equity -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.
LIBUTENAIN'T
I,IB i 'ANT .NSCHOP
L T$NANT U. PA'1 N
LIIBUUTTTHN' ANC T. TIBBEn S
-FWZ accrnJ- arc g"'W L
LIB ENANI' R. ALLITN
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