Resolution - 9067RESOLUTION NO. 9067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINAt
CALIFORNIA AMENDING APPENDIX "A" OF RESOLUTION NO. 8464, THE
CITY'S SALARY RANGE STRUCTURE FOR EMPLOYEES IN THE WEST
COVINA POLICE OFFICERS' ASSOCIATION AS AMENDED; AND
RESOLUTION NO. 7223, RELATING TO CLASSIFICATION AND
COMPENSATION OF POSITIONS AS AMENDED; AND FIXING
• COMPENSATION AND BENEFITS FOR PERSONNEL AND CLASSES
REPRESENTED BY THE WEST COVINA POLICE OFFICERS' ASSOCIATION.
WHEREAS, the City of West Covina has met and conferred with the
West Covina Police Officers' Association; and
WHEREAS, the City and the West Covina Police Officers'
Association have agreed upon certain changes to salaries, benefits and
working conditions for members of said Association with a three-year
agreement expiring June 30, 1997; and
WHEREAS, the three-year Memorandum of Understanding has been
referred to the City Council;
NOW, THEREFORE, the City Council of the City of West Covina does
resolve as follows:
SECTION 1. Salary. That effective July 2, 1994, Appendix "A" of
Resolution No. 8464, the City's salary range structure for employees
in the West Covina Police Officers' Association is hereby amended by
Appendix "A" of this Resolution; and Resolution No. 7223, relating to
the classification and compensation of positions, as amended, and
fixing compensation and benefits for personnel and classes represented
by the West Covina Police Officers' Association is hereby amended by
this Resolution.
SECTION 2. Retiree Health Insurance Benefits. Effective upon
adoption of an enabling PERS resolution by the City Council and
processing by PERS, the City shall increase the health insurance
contribution for retirees from $16 to $50 per month.
SECTION 3. Other changes to the terms and conditions of
employment are detailed in the agreed upon MOU as incorporated herein
as "Exhibit A." Specific changes to the provision covering Sick Leave
are contained therein.
SECTION 4. Where provisions of the MOU are inconsistent with
existing Personnel Rules, the MOU shall govern.
SECTION 5. The remaining provisions of Resolution No. 8464 and
Resolution No. 7223, as amended, shall remain in full force and effect
until amended or repealed by Resolution of the City Council.
SECTION 6. Budget Allocation. The City Council does hereby
appropriate an amount of money sufficient to fund these salary
adjustments and benefits for the life of this Resolution.
SECTION 7. The effective date of this Resolution is April 5,
1994.
SECTION 8. The City Clerk shall certify to the adoption of this
Resolution.
APPROVED AND ADOPTED this 5th day of April, 1994.
40 ATTEST:
City Clerk
I HEREBY CERTIFY that the
by the City Council on the 5th
AYES:
Councilmembers
NOES:
Councilmembers
ABSENT:
Councilmembers
ABSTAIN:
Councilmembers
APPROVED AS TO FORM:
City Attorney
jcRPSO-MOU.M
foregoing resolution was duly adopted
day of April 1994.
Herfert, Manners, McFadden, Wong, Jennings
None
None
None
City Clerk.
CITY OF WEST COVINA
CLASSIFIED EMPLOYEE POSITIONS AND PAY
RANGES
POLICE OFFICERS' ASSOCIATION
JULY 2, 1994
Police
Officer
Range PO10
3162 - 3844
•
Police
Corporal
Range P020
3406 - 4141
Police
Sergeant
Range P030
3944 - 4794
APPENDIX "A"
•
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
FOR THE CITY OF WEST COVINA
LLED
WEST COVINA POLICE OFFICERS' ASSOCIATION
EFFECTIVE
JANUARY 1, 1994 THROUGH DUNE 30, 1997
EXHIBIT "A"
TABLE OF CONTENTS
'PAGE
NO.
SECTION
1.
RECOGNITION/REPRESENTATION UNIT ..............
1.
SECTION2.
SALARY .......................................
2
SECTION
3.
HOURS OF WORK .................................
3
SECTION
4.
TIME OFF BENEFITS FOR SHIFT PERSONNEL........
3
SECTIONS.
HEALTH AND DENTAL ............................
3
SECTION
6.
BENEFICIARY'S CONTINUANCE ....................
4
SECTION
7.
RETIREE HEALTH COVERAGE ......................
5
SECTION
S.
RETIREMENT BENEFITS ..........................
5
SECTION
9.
UNIFORM ALLOWANCE ............................
5
SECTION
20.
COURT TIME AND STANDBY PAY ...................
5 .
SECTION
11.
TUITION REIMBURSEMENT ....................6...
6
SECTION
12.
EDUCATIONAL INCENTIVE ........................
6
SECTION
13.
VACATION ........ .......... ...............
6
SECTION
14.
HOLIDAYS .....................................
S
SECTION15.
SICR LEAVE ................. ...............
9
SECTION
16.
BEREAVEMENT LEAVE ............................
11
SECTION
17.
OVERTIME ......................................
11
SECTION1S.
COMPENSATORY TIME ............................
it
.SECTION
19.
TRAINING TIME ............................ ..
12
SECTION
20.
TIME OFF --ASSOCIATION PRESIDENT..............
12
SECTION
21.
SAFETY EQUIPMENT.......... .....................
12
SECTION
22.
DISABILITY DISCRIMINATION ....................
13
SECTION
23.
GRIEVANCE PROCEDURE ...........................
14
SECTION
24.
OTHER PROVISIONS NOT COVERED HERE............
14
SECTION
25.
NOTICE OF FUTURE MEET AND CONFER .............
14
SECTION
26.
SEPARABILITY .................................
14
SECTION27.
TERM .........................................
14
WrD-TABCON.93
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
AND WEST COVINA POLICE OFFICERS' ASSOCIATION
' PREAMBLE
In the interest of maintaining harmonious and stable
relationships between the City of West Covina (hereinafter City)
and employees represented by the West Covina Police Officers'
Association, (hereinafter referred to as the "Association"),
representatives of management for the City and representatives of
the Association have met and conferred in good faith regarding
wages, hours, fringe benefits, and other terms and conditions of
employment for employees represented by the Association.
The representatives have reached an understanding as to
recommendations to be made to the City Council for the City of
West Covina and have agreed that the parties hereto will jointly
urge said Council to adopt one or more resolutions which will
provide for the changes in wages, hours, fringe benefits, and
other terms and conditions of employment contained in these joint
recommendations.
SECTION 1. RECOGNITION/REPRESENTATION UNIT
The City hereby recognizes the West Covina Police Officers'
Association for the term of the Memorandum of Understanding,
notwithstanding any ordinance, resolution, rule, or regulation to
the contrary as the majority representative of the employees in
the bargaining unit which consists of Police Officers, Police
Corporals, and Police Sergeants, subject to the right of an
employee to represent himself/herself. The recognition
requirements of Rule XVI, Section 16.3 of the Personnel Rules,
City of West Covina, are waived for the term of this Memorandum.
It is further agreed that during the term of this Memorandum of
Understanding, no class will be removed from the bargaining unit
except upon mutual agreement of the City and Association.
SECTION 2. SALARY
Preamble- In an effort to maintain competitive salaries, the City
and the Association will cooperatively join in the process of
developing new programs, determining new revenue sources, and
ways of delivering services in a more cost effective manner.
Participation by the employees shall play a significant role in
• achievement of productivity and program goals resulting in agreed
upon periodic adjustments to salary.
Salary Increases- Effective July 2, 1994, a salary adjustment of
four percent (4%) shall be provided. A salary survey shall be
conducted in May of 1995, to collect the top step monthly
salaries,.retirement contributions paid on behalf of the
employee, and contributions for health and dental insurance.
The Police Officer rank shall be used in the survey. At the
conclusion of the survey, representatives of the City and
Association shall meet to review the results. Effective July 1,
1995, a percentage salary adjustment will be provided which
places the represented classes at the 60th percentile as
determined by the survey. A survey will be conducted in July of
1996, utilizing the same process, with the appropriate percentage
increase being provided effective June 29, 1996.
Shift Salary Reconciliations -Salary rates for police shift
personnel are based on a 37h hour work week with the condition
that at the end of each month the employee will owe the City 10
hours to be reconciled in the following manner and order:
A. Reduction of straight time pay (training compensation).
B. Reduction in court -on -call pay at the rate of 2 hours
per each on -call status.
C. Reduction in time and one-half pay.
D. If the employee is unable to reconcile the 10 hours (4
hours) as stated above, and the employee has 4 or more hours that
remain to be reconciled, he/she may work an additional day to
reconcile the time.
2
E. If an employee does not want to work an additional day
or has less than 4 hours to reconcile at the end of the month
he/she may use vacation or compensatory time.
SECTION 3. HOURS OF WORK
Daily hours of work or shifts for employees within
departments shall be assigned by department heads as required to
meet the operational requirements of said departments. The
normal work shift for non-public safety employees and certain
designated safety employees may be eight hours per day, nine.
hours per day, ten hours per day, twelve hours per day, or twelve
and one-half hours per day as determined by the department.
For employees, covered by the 7(b) or 7(k) exception to the
Fair Labor Standards Act, on the 3/12 or 3/12k work schedule,
work performed in excess of the normal daily work shift will be
paid at the straight time rate of pay, until the employee has
reconciled the hours owed to the City. Once the employee has
reconciled the hours owed to the City, the remaining overtime
worked is paid at time and one-half.
The City has established different FLSA work weeks to
correspond to the various work schedules as follows:
A. Police Representation Unit - 28 day work period of 171
hours. (7(K) exception of FLSA)
B. 5/8 and 4/10 Work Schedule - 7 day work period of 40
hours that begins on Sunday at 12:00 a.m. and ends on Saturday at
11.59 P.M.
SECTION 4. TIME OFF BENEFITS FOR SHIFT PERSONNEL
Holidays, vacations, sick leave, and other similar "time
off" benefits granted City employees by these rules will be
provided to all employees at the rate of eight (8) hours
regardless of actual length of work day/shift.
SECTION 5. HEALTH AND DENTAL
The City shall provide $449 per month to offset the
employee cost of health insurance. The amount specified for PERS
Health Plan coverage shall be $16 per month per active employee.
3
The City shall provide up to $20 per month to offset the cost of
dental insurance.
In the event that the City's contribution exceeds the
monthly premium for the covered employee, said employee shall be
entitled to apply this excess (difference between the City's
monthly contribution and the premium for the employee's selected
health plan) towards dependent health insurance, life insurance,
dental insurance, or deferred compensation.
The subject of health benefit contributions may only be
discussed during the term of this contract at such times as the
annual salary survey results are being reviewed. Any subsquent
adjustments to the City's health benefit contribution shall be
funded from the monies determined necessary to provide agreed
upon salary increases.
SECTION 6. BENEFICIARY'S CONTINUANCE
If a sworn employee is killed in the line of duty, while
engaged in official police business, the decedent's spouse and/or
dependents, if not provided with an employer -paid health
insurance program equal to the City of West Covina program, shall
be eligible for City payment of.City-provided health insurance,
subject to the following:
A. Said spouse and/or dependents must have been covered by
City -provided health insurance program at the time of the
employee's death.
B. Payment for health insurance shall be terminated upon
remarriage of the affected spouse; or in the case of dependent
children, on their reaching the age of majority or upon being
adopted.
C.. Maximummonthly amount payable under this program shall
not exceed the amount available to existing employees for the
purpose of health insurance.
D. The term of this program shall not exceed ten years
from the date of such employee's death.
4
SECTION 7. RETIREE HEALTH COVERAGE
The City shall increase the amount contributed towards the
payment of health insurance premiums for eligible retirees from
$16 per month to $50 per month. This change will be effective as
soon as practical through enacting a resolution pursuant to PERS
' requirements.and procedures.
SECTION S. RETIREMENT BENEFITS
The City shall pay the normal members retirement
contribution (9%) as required under the Public Employeesf
Retirement System.
The contract between the City and PERS shall provide the
following programs:
A. Post -Retirement Survivor Continuance (Section 21263 and
21263.1)
B. Single Year Highest Compensation (Section 20024.2)
C. 2% at 50 Formula (Section 21252.01)
D. Service Credit for Unused Sick Leave (Section 20862.8).
SECTION 9. UNIFORM ALLOWANCE
The uniform allowance rate for represented employees will be
$500 per year. Payment will be made in January of each year. If
an officer receiving such a payment terminates during the course
of that year, the uniform allowance will be adjusted for those
months served and the balance will be deducted from the final
paycheck for that employee.
The City agrees to provide newly hired police officers with
one regulation uniform and the annual uniform allowance is
prorated based upon date of hire.
SECTION 10. COURT TIME AND STANDBY PAY
Time spent in court beyond the regularly scheduled shift
will.be paid at a time and one-half rate with a two hour minimum
guarantee. Court Standby pay.as covered in Section 3.15 A.1. of
the Personnel Rules shall be $50.00 per occurrence.
9
SECTION 11. TUITION REIMBURSEMENT
The City shall provide up to $686.00 per fiscal year to
offset the cost of job related educational coursework and
required books.
SECTION.12. EDUCATIONAL INCENTIVE
Employees represented by the Association shall be eligible
for the following educational incentives following the month in
which the degree or certificate is obtained:
A. Associate of Arts Degree or equivalent (60 semester or
90 quarter units):
Police Officer $135 per month
Police Corporal $145 per month
Police Sergeant $168 per month
B. Associate of Arts Degree or equivalent plus Advanced
POST Certificate:
Police Officer $270 per month
Police Corporal $290 per month
Police Sergeant $335 per month
SECTION 13. VACATION
A. Use
1. New Employees - Upon completion of six (6)
consecutive months of service, may be.credited with
one-half of the annual earnings and may begin using
such accrual. Thereafter, employees may use vacation
as they complete each month of service.
2. It is the policy of the City that where possible,
vacation be taken in the year earned. Upon approval of the
department head, vacation leave may be accumulated to a
maximum of 160 hours added to an amount equal to the monthly
accrual rate multiplied by 12.
3. The time during the year at which an employee may
take his/her vacation shall be determined by.the appointing
authority of such employee with due regard to the wishes of
the employee and particular regard for the needs of the
service.
4. If a holiday falls within a scheduled vacation
period, 8 additional hours of vacation shall be granted.
5. The Division Managers shall fix vacation periods
for department heads.
B. Accruals Rates Each full-time employee shall accrue
vacation leave with pay at the rate of 6.67 hours of a working
day per month for each month of service with the City up to and
including 60 months of service, and at the completion of 60
months of service, 40 additional hours vacation shall be granted;
from 61 up to and including 108 months, vacation shall be earned
at the rate of ten (10) hours per month; and from 109 up to and
including 120 months, vacation time shall be earned at the rate
of 10.67 hours per month; and from 120 up to and including 132
months, vacation time shall be earned at the rate of 11.33 hours
per month; and from 132 up to and including 144 months, vacation
time shall be earned at the rate of 12.00 hours per month; and
from 144 up to and including 156, vacation time shall be earned
at the rate of 12.67 hours per month; and from 156 or more
months, vacation time shall be earned at the rate of 13.33 hours
per month, up to a maximum not to exceed 160 hours earned
vacation per year.
C. Lateral Entry Employees Any person employed on the
lateral entry program at a salary in excess of the beginning
salary fixed for the class and who has completed five years of
service with a prior employer, performing the same or similar
duties shall be eligible for 120 hours vacation leave with pay
upon the completion of eighteen months of service with the City.
Thereafter, for the purpose of computing the employee's future.
vacation he/she shall be deemed to have completed sixty months of
service.
D. Availability Upon completion of six (6) consecutive
months of service, new employees may be credited with one-half of
the annual vacation accruals and may begin using such accrual.
E. Special Payment Upon request of the employee and the
department head and with the approval of the City Manager, in
7
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 forty (40) hours in any one calendar year.
F. Advance Payment of Vacation Any employee who is
authorized to take forty (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, Division
Manager, and Finance Director.
SECTION 14. HOLIDAYS
A. Class I Holidays New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Holidays will be provided to all employees at the rate of eight
(8) hours except non -shift employees in the unit who work the
4/10 schedule who shall be paid 10 hours for each holiday.
B. Class II Holidays
1. Shift Employees
Martin Luther King's Birthday, Lincoln's Birthday,
Washington's Birthday, Admissions Day, Veteran's Day and the
day after Thanksgiving.
2. Non -Shift Employees
Washington's Birthday and the day after Thanksgiving for
employees on the 4/10 work schedule shall be paid at 10
hours for each holiday. The remainder of theholidays
listed in Section 14, B.1 will be discontinued and instead
employees will accrue 16 hours of compensatory time.
C. Observation of Saturday and Sunday Holidays For those
employees whose normal work week is Monday through Friday, when a
11
N
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. 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.
SECTION 15. SICK LEAVE
A. Allowance/Accumulation Following completion of thirty
(30) calendar days of continuous full-time service, each City
employee paid upon a monthly basis shall be allowed eight (a)
hours of credit for 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 ('h) of the actual number of
working days of such month, he/she shall be allowed eight (a)
hours of credit for sick leave with pay. Unused sick leave may
be accumulated without limit.
H. Lateral Entry Sick Leave Any person employed by the
City for full-time service on the Lateral Entry Program at a
salary in excess of the beginning salary fixed for the class and
who, at the time of his/her employment, had accumulated unused
full pay sick leave by virtue of his/her employment by another
public entity, shall be given credit for that accumulated full
pay sick leave as if it had been earned in the full-time service
of the City of West Covina.
C. Reinstatement of Sick Leave Any employee who is
reinstated under the provisions of these rules shall be given
full credit for his/her unused accumulated sick leave at the time
of termination, provided, however, that no payoff for accumulated
sick leave was received upon termination.
D. Use of Sick Leave
1. Approval Sick leave can only be granted upon the
approval of the concerned appointing power or his/her
designee in the case of bona fide illness or injury of the
employee or in the event of the serious illness or death of
a member of the employee's immediate family.
2. Immediate Family No more than forty (40) hours of
sick leave within any calendar year may be granted to an
employee for the care of attendance upon members of his/her
immediate family, and.not more than forty (40) hours of sick
leave within any calendar year maybe granted to an employee
for each absence due to death of his/her immediate family..
The phrase "immediate family" is construed to mean the
husband, wife, parent, brother, sister, child, and a
grandparent or grandchild, if residing within the home or
within the same place of residence of the officer or
employee.
E. Sick Leave Pay -Off Upon Termination Employees in the
Police representation unit, upon death, retirement, or voluntary
termination, shall be paid one-third ('h) of their accumulated and
unused sick leave up to a maximum of four hundred (400) hours
provided, however, that no eligibility for payoff of unused sick
leave exists for employees terminating prior to three (3) years
of full-time employment with the City.
F. Pilot Program --Sick Leave, Annual Pavoff and Accrual
The following sick leave payoff and accrual program was
instituted in 1980, as a "pilot program." The program will
remain in effect and will be reevaluated by City management. If
the program is discarded, the City will revert to its previously
effective sick leave program as contained herein.
Sick leave will be earned at the rate of eight (8) hours per
month for a possible total maximum of ninety-six (96) hours per
calendar year. Sick leave used during eachcalendar year will.be
charged against the current year's earnings.
By November 30 of each calendar year, the City will
determine the amount of unused sick leave for each regular
employee. Each employee must carry over to a sick leave "bank" a
minimum of fifty-six.(56) hours in December, and may request cash
payment for any hours above fifty-six (56) or may add it to the
10
sick leave bank. If fifty-six (56) hours of unused sick leave
are not available, the number of unused hours must be carried
over to the sick leave bank. Employees shall not be allowed to
change sick leave to other forms of paid leave time upon return
to work.
SECTION 16. BEREAVEMENT LEAVE
Forty (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, child, stepchild,
brother, or sister. The program is supplemental to the current
sick leave program.
SECTION 17. OVERTIME
It is the policy of the City of West Covina to avoid the
necessity for overtime work whenever possible. However, when
overtime is necessary and approved by the department head,
payment will be at time and one-half for all hours worked in
excess of the normal daily work shift. Vacation, sick leave,
holidays, jury duty and compensatory time off shall be considered
hours worked.
Subject to approval of the employee's supervisor, all
overtime worked, except time spent in formal training, shall be
compensated at the rate of time and one-half. Supervisory
approval of time and one-half shall not be withheld unless the
overtime was made necessary by the employee's intentional neglect
of customary duties. Formal training as used in this section
shall not include time spent in on-the-job training of new police
officers by training officers.
SECTION 18. COMPENSATORY TIME
A. Subject to approval of the employee's supervisor, all
overtime worked, except time spent in formal training, shall be
compensated at the rate of time and one-half, or credited as
compensatory time at time and one-half.
B. Supervisory approval of time and one-half shall not be
withheld unless the overtime was made necessary by the employee's
intentional neglect of customary duties. Formal training as used
11
in this section shall not include time spent in on-the-job
training of new police officers by training officers.
C. In the absence of the approval of the Chief of Police,
the maximum amount of compensatory time which may be accumulated
by any one employee shall be sixty (60) hours. Upon request and
.after approval of the Chief of Police the sixty (60) hour
accumulation may be increased.
SECTION 19. TRAINING TIME
For purposes of the time and one-half provisions of the
compensatory time program, time spent in POST mandated training
shall be treated as hours worked provided that, at the option of
the employee, such time may be paid at a straight time rate.
"POST mandated training" shall be defined as including the annual
in-service officer training program.
SECTION 20. TIME OFF -ASSOCIATION PRESIDENT
The President of the Association shall be given reasonable
time off with pay where necessary to perform duties on matters
within the scope of the Association's representation of its
employee members subject to such terms and conditions mutually
agreed upon by the President and the Chief of Police.
SECTION 21. SAFETY EQUIPMENT
A. The City will provide all employees in the
classifications represented by the Police Association the
following items of safety equipment under the following
conditions:
1. Sam Browne belt and keepers straps; ammunition
pouch; one box of live ammunition pet year, as well as range
ammunition as required; holster; weapon as.required; gas
mask as required; handcuffs and case; baton and ring;
helmet; mace and mace holder; face shield; flashlight with
batteries and holder; key holder; whistle; raincoat; rain
boots.
2. With respect to present employees, the foregoing
equipment shall be replaced or repaired at the City's
expense upon certification by the West Covina Police
12
Department that the equipment was lost, destroyed, worn out,
or damaged in the line of duty. Specific required items of
safety equipment need not be furnished to those employees
who are not required to use such equipment in the line of
duty. All equipment furnished by the City shall be and
remain the property of the City and shall be returned to the
City of West Covina upon termination of active employment in
the West Covina Police Department, or upon transfer to
duties where said equipment is not required or needed.
SECTION 22. DISABILITY DISCRIMINATION
A. 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 affect 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.
B. 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.
13
SECTION 23. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint
Procedure, Sections 15.1-15.6.
SECTION 24.. OTHER PROVISIONS NOT COVERED HERE
All present written rules, established practices, employee
rights, privileges and benefits that are subject to Meet and
Confer shall remain in full force and effect unless specifically
,altered by the provisions of this Memorandum of Understanding or
changed subsequent to completion of any required Meet and Confer
processes.
SECTION 25. NOTICE OF FUTURE MEET AND CONFER If the -
Association desires to meet and confer with representatives of
the City of West Covina concerning improvements or changes in
wages, hours, or other conditions of employment for the employee
members represented by the Association which would take effect on
or after July 1, 1997, the Association.shall serve upon the City
Manager a written request to meet and confer no later than
February 1, 1997.
SECTION 26. SEPARABILITY
It is understood and agreed that this Memorandum of
Understanding 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 Memorandum of
Understanding 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 any tribunal of competent
jurisdiction, such part or provision shall be suspended and
superseded by such applicable laws -and regulations and the
remainder of this Memorandum of Understanding shall not be
affected thereby and shall remain in full force and effect.
SECTION 27. TERM
This Memorandum of Understanding shall remain in full force
and effect from January 1, 1994 through midnight, June 30, 1997.
14
WEST COVINA POLICE OFFICERS'
ASSOCIATION/
BY L�•t ;/maw
BY�J"LCLI�Q Q�
DATE
APPROVED AS TO FORM:
CITY ATTORNEY
lk:MOU-PD.93
15
MANAGEMENT REPRESENTATIVES
OF THE CITY OF WEST COVINA
BYJr
BY