Resolution - 9337RESOLUTION NO. 9337
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, FIIONG COMPENSATION FOR
EMPLOYEES REPRESENTED BY THE WEST COVINA POLICE
. MANAGEMENT ASSOCIATION; AND AMENDING RESOLUTION
NO. 6482, AS AMENDED, RELATING TO MANAGEMENT
SERVICES, AND RESOLUTION NO. 7223, AS AMENDED,
RELATING TO CLASSIFICATION AND COMPENSATION OF
POSITIONS.
WHEREAS, the City of West Covina has met and conferred with the West Covina
Police Management Association (hereinafter Police Management Association); and
WHEREAS, the City and the Police Management Association have agreed upon
certain changes to salary and memorialized certain existing benefits and working conditions in an
agreed upon Memorandum of Understanding (MOU); and
WHEREAS, said MOU covers salary, benefits and working conditions effective
October 17, 1995, the date of formal unit recognition, and commencing with the date of
approval of this Resolution; and
WHEREAS the MOU has been referred to the City Council;
NOW, THEREFORE, the City Council of the City of West Covina does hereby
resolve as follows:
SECTION 1. Salary. Effective April 1, 1996, the City shall provide a six percent
(6%) salary increase to employees in the classifications of Police Commander and Police
Lieutenant. Effective January 1, 1997, employees in said classifications shall be provided an
additional six percent (6%). All subsequent salary adjustments subject to terms and conditions
agreed upon between the City and represented employees as described in the Memorandum of
Understanding as incorporated herein as "Exhibit A".
SECTION 2. All other benefits and conditions of employment remain the same as
current practice as detailed in the agreed upon MOU.
SECTION 3. Where provisions of the MOU are inconsistent with existing
Personnel Rules, the MOU shall govern.
SECTION 4. Budget Allocation. The City Council does hereby appropriate an
amount of money sufficient to fund the benefit changes for the life of this Resolution.
SECTION 5. The remaining provisions of Resolutions No. 7223 and 6482, as
amended, shall remain in full force and effect until amended or repealed by Resolution of the
City Council.
SECTION 6. Th effective date of this Resolution is April 1, 1996.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 4TH DAY OF JUNE, 1996.
• Mayor
ATTEST:
City "Clerk
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council on the 4th day of June, 1996.
AYES: Councilmembers: Herfert, F1cFadden, Wong, Touhey
NOES: Councilmembers: None
ABSENT: Councilmembers: planners
ABSTAIN: Councilmembers: None
APPROVED AS TO FORM:
lei
City Clerk
pdmgtmou.m 3-24-96
•
I$
CITY OF WEST COVINA
POLICE MANAGEMENT SALARY RANGES
EFFECTIVE APRIL 1, 1996
CLASSIFICATION
Police Commander
Police Lieutenant
RANGE
$ 5483 - 7402
$ 4598 - 6208
pdmgtmou.ce 5-24-96
•
FXNTRTT "A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
0
WEST COVINA POLICE MANAGEMENT ASSOCIATION
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TABLE OF CONTENTS
PAGE
PREAMBLE.....................................
1
SECTION1.
SALARY .......................................
1
SECTION
2.
RETIREMENT ...................................
2
SECTION.3.
MEDICAL AND DENTAL INSURANCE BENEFIT.........
3
SECTION
4.
RETIREE HEALTH BENEFIT .......................
3
SECTION
S.
DEFERRED COMPENSATION ........................
3
SECTION
6.
LIFE INSURANCE ................................
3
SECTION7.
UNIFORM ALLOWANCE ............................
3
SECTION8.
HOURS OF WORK ................................
4
SECTION9.
OVERTIME .....................................
4
SECTION
10.
COMPENSATORY TIME ............................
4
SECTION11.
VACATION .....................................
4
SECTION
12.
ADMINISTRATIVE LEAVE .........................
6
SECTION
13.
SICK LEAVE ...................................
6
SECTION
14.
HOLIDAYS .....................................
9
SECTION
15.
BEREAVEMENT LEAVE ............................
9
SECTION
16.
CALLBACK .....................................
10
SECTION
17.
COURT TIME ....................................
10
SECTION18.
COURT STANDBY ................................
10
SECTION
19.
VEHICLE ASSIGNMENT ...........................
10
SECTION
20.
TUITION REIMBURSEMENT ........................
10
SECTION
21.
DISABILITY DISCRIMINATION ....................
10
SECTION
22.
GRIEVANCE PROCEDURE ..........................
11
SECTION
23.
EMPLOYEE AND EMPLOYER RIGHTS .................
11
SECTION
24.
OTHER PROVISIONS NOT COVERED HERE............
11
SECTION
25.
NOTICE OF FUTURE MEET AND CONFER .............
11
SECTION
26.
SEVERABILITY.................................
12
SECTION
27.
TERM .........................................
12
cn:wp/modpdmidmm.96 5-24-96
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
. AND WEST COVINA POLICE MANAGEMENT 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 Management
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 implement
this agreement and provide for the changes in wages, hours, fringe
benefits, and other terms and conditions of employment for the
members of the Association effective October 17, 1995, (except as
otherwise stated herein) and continuing through the term of the
MOU.
THEREFORE, the representatives of the City and the Association
agree as follows:
SECTION 1. 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.
m:wp/maVpdmidmm.96 5-24-96
Salary - Effective April 1, 1996, a salary adjustment of six
percent (6%) shall be provided and, effective January 1, 1997,
another six percent (6%) shall be provided. A salary increase
equal to that provided to the West Covina Police Association in
1997, shall be provided to the West Covina Police Management
Association effective January 1, 1998. Any benefit adjustments
agreed to with the West Covina Police Officers' Association (WCPOA)
shall also be provided to the Police Management Association
effective January 1, 1998 as long as those benefits are applicable.
It is recognized that certain benefit adjustments agreed to in the
contract with the WCPOA may not, in the City's judgment, be
applicable to the management positions covered herein. In that
case, provided that a value has been assigned to the benefit
adjustment, such value shall be computed to arrive at a total
compensation percentage adjustment based on the cost of one per
cent salary and salary -driven benefits; and such total compensation
adjustment shall be applied to salary and applicable benefits for
the management positions as shall be agreed upon between the
Association and City. Absent agreement the adjustment provided
herein shall be applied to the top step of the appropriate salary
ranges. If a multi -year agreement is entered into between the City
and the West Covina Police Association, this Association's contract
shall be extended for the same period with the same contract term
and timing of increases.
SECTION 2. RETIREMENT
The City shall pay the normal member retirement contribution
(9%) as required under the Public Employees' Retirement System.
The contract between the City and Public Employees' Retirement
System shall provide the following programs:
A. 2% at 50 formula (Section 21252.01).
B. Single highest year compensation (Section 20024.2).
C. Post -retirement survivor continuance (Section 21263 and
21263.1).
D. Service credit for Unused Sick Leave (Section 20862.8).
cn:wp/mw/pdn idmw.96 5-24-96 2
SECTION 3. MEDICAL AND DENTAL INSURANCE BENEFIT
The City shall provide $442 per month to offset the employee
cost of health insurance. The amount specified for PERS Health
Care Plan coverage shall be $50 per month per active employee. 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 the 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.
SECTION 4. RETIREE HEALTH BENEFIT
Provided that employees represented by the Police Management
Association have participated in the Public Employees' Medical and
Hospital Care Act (PERS Health Plan) with the City, $50.00 per
month per eligible retiree shall be contributed towards the payment
of premiums for retiree insurance under the Program.
SECTION S. DEFERRED COMPENSATION
Employees at the rank of Police Commander shall be provided
$150 per month in deferred compensation. Police Lieutenants shall
be provided $100 per month.
SECTION 6. LIFE INSURANCE
The City shall provide a term life insurance policy in the
amount of $100,000, and a $100,000 life insurance policy if death
occurs on duty. Upon termination, employees shall be provided with
a $500 life insurance policy.
SECTION 7. UNIFORM ALLOWANCE
The uniform allowance for Police Lieutenants will be $500 per
year. Payment will be made in January of each year. If an
employee receiving such 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.
cn:wp/mou/pdmidmw.96 5-24-96 3
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. The City has
established different work schedules to correspond with FLSA
guidelines as follows:
40 A. Lieutenants assigned to the Patrol Division shall work a
28 day work period (7(k) exemption to the FLSA) on a 3/12.33 work
schedule. Salary is based upon a 37 hour work week with the
condition that at the end of the month the employee will owe the
City 12 hours to be reconciled in the form of a scheduled payback.
B. 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. 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 time and one-half for all hours worked in excess of the
normal daily work shift for Police Lieutenants only. Vacation,
sick leave, holidays, jury duty and compensatory time off shall be
considered hours worked.
SECTION 10. COMPENSATORY TIME
Subject to approval of the Chief of Police, all overtime
worked by Lieutenants may be credited as compensatory time at time
and one half. In the absence of approval of the Chief of Police,
the maximum amount of compensatory time which may be accumulated by
any one employee shall be eighty (80) hours.
SECTION 11. VACATION
It is the policy of the City that where 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.
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Vacation leave shall accumulate to
a maximum of:
Hours
Accumulated
Maximum
Months of Service Per
Pay Period
Accruals
1-60
3.08
240
61-108
4.62
280
109-120
4.92
288
121-132
5.23
296
133-144
5.54
304
145-156
5.85
312
157t
6.15
320
A. Vacation Accrual
1. Accrual Rates
Each employee shall accrue vacation leave with pay
at the rate of 3.08 hours per pay period up to and including 60
months of service, and at the completion of one year 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 4.62
hours per pay period; and from 109 up to and including 120 months,
vacation time shall be earned at the rate of 4.92 hours per pay
period; and from 120 up to and including 132 months, vacation time
shall be earned at the rate of 5.23 hours per pay period; and from
132 up to and including 144 months, vacation time shall be earned
at the rate of 5.54 hours per pay period; and from 144 up to and
including 156, vacation time shall be earned at the rate of 5.85
hours per pay period; and from 156 or more months, vacation time
shall be earned at the rate of 6.15 hours per pay period, up to a
maximum not to exceed 160 hours earned vacation per year.
B. Vacation Accrual for Holidays
If a holiday falls within a scheduled vacation
period, eight additional hours of vacation shall be granted.
C. Payment for Unused Vacation
1. Any employee, who has been in continuous full-time
service of the City for a period of six (6) full months or more,
who is terminating his/her employment, shall be paid for accrued
vacation time on the effective date of termination.
cw.wp1mailpdmidmm.96 5-24-96 5
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,
Division Manager, 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 12. ADMINISTRATIVE LEAVE
A minimum of 56 hours per year administrative leave (pro-rata
based upon date of appointment) is granted to Police Commanders.
Additional administrative leave, based upon annual vacation
accruals, may be granted at the discretion of the Chief of Police.
Such additional leave time shall be calculated at the rate of
twenty-five percent of an employee's annual earned vacation rate as
of January 1 of each year.
cn:wp/mou/pdmidrnw.96 5-24-96 6
SECTION 13. SICR 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 health condition.
A. Allowance/Accumulation
to 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 40 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 40 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 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 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 hour, 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.
cn:wp/mou/pdmidmou.96 5-24-96 7
D. Sick leave will be earned at the rate of 3.69 hours per
pay period for a possible total maximum of 96 hours per calendar
year. Sick leave used during each calendar 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 56 hours in December, and may request cash payment for
any hours above 56 or may add it to the sick leave bank. If 56
hours of unused sick 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 upon
return to work. The current payoff programs at termination or
retirement, as detailed in the Personnel Rules, remain unchanged.
E. Sick Leave Pay -Off Upon Termination
Employees upon termination of continuous service, other
than by discharge, shall be paid for one-third of all sick leave
accrued to the time of such termination, to a maximum of 400 hours.
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 two (2) or more consecutive
working days for which sick leave was requested. A failure to
supply or provide said certificate or written statement shall be
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.
cn:wp/mou/pdmidmw.96 5-24-96 8
SECTION 14. 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.
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.
D. Personal/Floating Holidays
Employees are entitled to 40 hours per calendar year as
personal leave time which is usable subject to the approval of the
department head or designated authority. Personal leave becomes
usable on January 1 of each calendar year and must be used by
December 31 of the same calendar year. Personal leave may not be
carried over into the next calendar year nor may the hourly
equivalent be paid in lieu of time off.
SECTION 15. 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, child, stepchild, brother,
or sister. The program is supplemental to the current sick leave
program.
=.wprmculpdmidmm.% s-u-% 9
SECTION 16. CALLBACK
When Police Lieutenants are required to return to work, the
City agrees to pay a minimum of two hours at time and one-half, and
time and one-half on an hour for hour basis for each hour
thereafter. Employees required to work on a callback basis may
goelect to accrue an equivalent amount of compensating time off in
lieu of paid time.
SECTION 17. COURT TIME
Time spent in court beyond the regularly scheduled shift will
be paid at time and one-half rate with a two hour minimum
guarantee.
SECTION 18. COURT STANDBY
Court Standby pay as covered in Section 3.15 A.1 of the
Personnel Rules shall be $50.00 per occurrence.
SECTION 19. VEHICLE ASSIGNMENT
Police Commanders shall be assigned vehicles at the discretion
of the Chief of Police.
SECTION 20. TUITION REIMBURSEMENT
It is understood that the annual maximum tuition reimbursement
shall be $1130 per fiscal year, including books.
SECTION 21. 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
cn:wp/mou/pdmidmm.96 5-24-96 .10
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
40 individual poses a risk to the health or safety of the individual
or others.
SECTION 22. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint Procedure,
Sections 15.1-15.6.
SECTION 23. 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, overtime assignments and approval, 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 24. 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 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 employees represented by the Association which would take
m:wp/mwdpdmidmm.96 5-24-96 11
effect on or after July 1, 1998, the Association shall serve upon
the City Manager a written request to meet and confer no later than
February 1, 1998. Said request shall contain all of the changes in
wages, hours, and conditions of employment proposed by the
Association to take effect on or after July 1, 1998.
SECTION 26. 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 27. TERM
This MOU shall remain in full force and effect until midnight,
June 30, 1998.
WEST COVINA POLICE
MID -MANAGEMENT ASSOCIATION
BY -
DATE `� -SO
APPROVED AS TO FORM:
—`� CITY ATTORNEY
MANAGEMENT REPRESENTATIVES
OF THE CITY OF WEST COVINA
BY 20
z&=4yt Q/
BY WJ
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