Resolution - 9671•
•
RESOLUTION NO. 9671
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 OFFICERS' ASSOCIATION; AMENDING RESOLUTION NO.
7223, RELATING TO COMPENSATION AND CLASSIFICATION OF
POSITIONS AS AMENDED, AND FIXING COMPENSATION AND
BENEFITS FOR 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 (hereinafter Police Officers' Association); and
WHEREAS, the City and Police Officers' Association have agreed upon certain
changes to salary and benefits, and terms and. conditions of employment in an agreed
upon Memorandum of Understanding (MOU); 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: I
SECTION 1. Term. The Memorandum of Understanding (MOU) is a three-year
term, and shall remain in full force and effect through midnight, June 30, 2001.
SECTION 2. Salarv. Effective June 27, 1998, the City shall provide a 3% salary
increase for employees in the classifications of Police Officer, Police Corporal, and
Police Sergeant. Effective June 26, 1999, the City shall provide a 3% salary increase
for the same employees. Effective June 24, 2000, the City shall provide a 3% salary
increase for the same employees.
SECTION 3. Uniform Allowance. For each year of the contract, the City will
provide a $50 increase for uniform allowance for Police Officers, Police Corporals, and
Police Sergeants.
SECTION 4. Educational Incentive. The current educational incentives for
Associate of Arts Degree and the Associate of Arts Degree plus the Advance POST
Certificate will remain. That is, employees represented by the Association shall be
eligible for the following educational incentives following the month in which the degree
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 Advance POST Certificate:
Police Officer $270 per month'
Police Corporal $290 per month
Police Sergeant $335 per month
Effective July, 1999, the following educational incentives will be available to qualified
employees:
C. Bachelor's Degree:
Police Officer $235 per month
Police Corporal $245 per month
Police Sergeant $268 per month
D. Bachelor's Degree plus Advance POST Certificate:
Police Officer $370 per month
Police Corporal $390 per month
Police Sergeant $435 per month
E. Master's Degree:
• Police Officer $335 per month
Police Corporal $345 per month
Police Sergeant $368 per month
•
F. Master's Degree plus Advance POST Certificate:
Police Officer
Police Corporal
Police Sergeant
$470 per month
$490 per month
$535 per month
SECTION 5. Medical contributions. For each year, of the contract, the City shall
contribute $449 per month, or an amount equal to the Kaiser Family (Employee plus
two dependents) monthly premium, whichever is greater, to offset the employee cost of
health insurance.
SECTION 6. Retiree Medical. As soon as administratively practical, a fifty
dollar ($50.00) per month adjustment to offset retiree medical premiums, through the
Public Employees' Retirement System (PERS) shall be implemented for the 1998-99
fiscal year. Another fifty dollar ($50.00) per month adjustment to offset retiree medical
premiums, through the Public Employees' Retirement system (PERS) shall be
implemented for the 1999-00 fiscal year. A third fifty dollar ($50.00) per month
adjustment to offset retiree medical premiums, through the Public Employees'
Retirement system (PERS) shall be implemented for the 2000-01 fiscal year. The
parties hereto acknowledge that there is a dispute between them in regard to the fact
that the City is reducing current employee Flexible Benefit deferred contributions when
the employee elects no insurance coverage. The City agrees that it will take all
necessary and reasonable steps to ensure, if legally permissible, that said deductions
will cease. By entering into this Agreement, the parties do not waive any other remedy,
at law or in equity, they may have with regard to this matter.
SECTION 7. Bilingual Skills Pay, Effective July, 1999, employees with bilingual
skills shall receive one hundred dollars ($100.00) per month provided they possess
and are using a language skill necessary for effective communication within the
community, are assigned by the Chief of Police, and have been certified by Personnel
Services. The Chief of Police shall determine the language skills necessary to
effectively conduct police business and activities with the citizens of the community,
subject to approval of the City Manager. Personnel Services shall certify, through
testing, that the employee has a basic fundamental conversational skill level. Only one
(1) allowance will be paid to an employee regardless of the number of certified
languages. ,
SECTION 8. PERS Survival Benefit. The City will increase the PERS,1959
Survivor Benefit from Level III to Level IV.
SECTION 9. All other benefits and conditions of employment remain the same
as current practice as detailed in the agreed upon MOU.
SECTION 10. Where provisions of the MOU are inconsistent with existing
Personnel Rules, the MOU shall govern.
SECTION 11. 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 12. The remaining provisions of Resolution Nos. 7223 and 6482, as
amended, shall remain in full force and effect until amended or repealed by Resolution
of the City Council.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 6`h day of April, 1999.
0
ATTEST:
S
City Clerk
I HEREBY CERTIFY that the foregoing was duly adopted by the City Council on the
6ch day of April, 1999.
AYES: Herfert, 14elendez,
NOES: None
ABSENT: Wong
ABSTAIN: None
APPROVED AS TO FORM:
&2Q (2 m (4CI �tg rJ
City Attorney
PoaReso
0
Touhey, Howard
V
City Cr
Attachment A
POLICE OFFICERS' ASSOCIATION
SALARY RANGES
. JUNE 27, 1998
SALARY RANGE
Classification
Pay Range
Step 1
Step 2
Step 3
Step 4
Step 5
Police Officer
P010
$3634
$3816
$4007
$4207
$4418
Police Corporal
P020
$3916
$4112
$4317
$4533
$4760
Police Sergeant
P030
$4534
$4760
$4998
$5248
$5511
JUNE 26, 1999
SALARY RANGE
Classification
Pay Range
Step 1
Step 2
Step 3
Step 4
Step 5
Police Officer
P010
$3744
$3931
$4127
$4334
$4551
Police Corporal
P020
$4034
$4235
$4447
$4669
$4903
Police Sergeant
P030
$4670
$4903
$5149
$5406
$5676
JUNE 24, 2000
SALARY RANGE
Classification
Pay Range
Step 1
Step 2
Step 3
Step 4
Step 5
Police Officer
P010
$3856
$4049
$4252
$4464
$4688
Police Corporal
P020
$4155
$4362
$4581
$4810
$5050
Police Sergeant
P030
$4810
$5050
$5303
$5568
$5846
Poa.Sal.Range.3/8/99
ul
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST COVINA
/ :i�7
WEST COVINA POLICE OFFICERS' ASSOCIATION
EFFECTIVE
JUNE 27,1998 THROUGH JUNE 30, 2001
;r
EXHIBIT "A"
TABLE OF CONTENTS
PAGE
SECTION 1. RECOGNITION/REPRESENTATION UNIT...........................................1
SECTION2. SALARY.........................................................................................................1
• SECTION 3. HOURS OF WORK.......................................................................................2
SECTION 4. TIME OFF BENEFITS FOR SHIFT PERSONNEL.................................3
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SECTION 5. HEALTH AND DENTAL.............................................................................3
SECTION 6. BENEFICIARY'S CONTINUANCE...........................................................3
SECTION 7. RETIREE HEALTH COVERAGE............................................................ 4
SECTION 8. RETIREMENT BENEFITS........................................................................ 4
SECTION 9. UNIFORM ALLOWANCE..........................................................................5
SECTION 10. BILINGUAL SKILLS PAY......................................................................... 5
SECTION 11. COURT TIME AND STANDBY PAY........................................................5
SECTION 12. TUITION REIMBURSEMENT...................................................................5
SECTION 13. EDUCATIONAL INCENTIVE....................................................................6
SECTION 14. VACATION....................................................................................................7
SECTION15. HOLIDAYS....................................................................................................8
SECTION16. SICK LEAVE................................................................................................9
SECTION 17.
BEREAVEMENT LEAVE.........................................................................10
SECTION 18.
OVERTIME.................................................................................................10
SECTION 19.
COMPENSATORY TIME .........................................................................11
SECTION 20.
TRAINING TIME.......................................................................................11
SECTION 21.
TIME OFF - ASSOCIATION PRESIDENT............................................11,
SECTION 22.
SAFETY EQUIPMENT..............................................................................11
SECTION 23.
DISABILITY DISCRIMINATION............................................................12
SECTION 24.
GRIEVANCE PROCEDURE.....................................................................12
SECTION 25.
OTHER PROVISIONS NOT COVERED HERE....................................12
SECTION 26.
NOTICE OF FUTURE MEET AND CONFER.......................................13
SECTION 27.
SEPARABILITY.........................................................................................13
SECTION28.
TERM....................................................................................................14
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF
MANAGEMENT FOR THE CITY OF WEST CO VINA
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 June 27, 1998, a salary increase of three percent (3%) shall be
provided to the classes represented by the Association.
Effective June 26, 1999, a salary increase of three percent (3%) shall be provided to the
classes represented by the Association.
• Effective June 24, 2000, a salary increase of three percent (3%) shall be provided to the
classes represented by the Association.
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Shift Salary Reconciliations -Salary rates for police shift personnel are based on a 37%: 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.
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
(FLSA), on the 3/12 or 3/12% 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)
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B. 518 and 4110 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 contribute $449 per month, or an amount equal to the Kaiser Full Family
monthly premium, whichever is greater, to offset the employee cost of health insurance. The
amount specific for PERS Health Plan coverage shall be one hundred dollars ($100) per month
per active employee and shall be adjusted in accordance with SECTION 7. RETIREE HEALTH
COVERAGE, below.
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.
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. Maximum monthly 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.
..........:.csr3dFrn :..u.:n..
SECTION 7. RETIREE HEALTH COVERAGE
As soon as administratively practical, the City shall increase the amount contributed .
towards the payment of health insurance premiums for eligible retirees from $100 per month to
$150 per month. This change will be effective as soon as practical through enacting a resolution
pursuant to the Public Employees' Retirement System (PEAS) requirements and procedures.
• Another fifty dollar ($50.00) per month adjustment to offset retiree medical premiums,
through the Public Employees' Retirement System (PERS) shall be implemented for the 1999-00
fiscal year.
A third fifty dollar ($50.00) per month adjustment to offset retiree medical premiums,
through the Public Employees' Retirement System (PERS) shall be implemented for the 2000-01
fiscal year.
The parties hereto acknowledge that there is a dispute between them in regard to the fact
that the City is reducing current employees' Flexible Benefit deferred contributions when the
employee elects no insurance coverage. The City agrees that it will take all necessary and
reasonable steps to ensure, if legally permissible, that said deductions will cease. By entering
into this agreement, the parties do not waive any other remedy, at law or in equity, they may
have with. regard to this matter.
.SECTION 8. RETIREMENT BENEFITS
The City shall pay the normal members retirement contribution (9%) as required under
the Public Employees' 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).
E. Military service credit as public service. (Section 21024)
F. 1959 Survivor Benefit — An increase from Level III to Level IV (Section 21574)
This change to Level IV will be effective as soon as practical through enacting a
resolution pursuant to the Public Employees' Retirement System (PERS)
requirements and procedures.
•
SECTION 9. UNIFORM ALLOWANCE
Payment of the uniform allowance 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.
Effective as soon as administratively practical for disbursement in the 1998-99 fiscal
year, the annual uniform allowance will be increased from $550 to $600.
Effective in the 1999-00 fiscal year, another increase of fifty dollars ($50.00) shall be
implemented.
Effective in the 2000-01 fiscal year, a third increase of fifty dollars ($50.00) shall be
implemented.
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. BILINGUAL SHILLS PAY
Effective July, 1999, employees with bilingual skills shall receive one hundred dollars
($100.00) per month provided they possess and are using a language skill necessary for effective
communication within the community, are assigned by the Police Chief, and have been certified
by Personnel Services. The Police Chief shall determine the language skills necessary to
effectively conduct police business and activities with the citizens of the community, subject to
approval of the City Manager. Personnel Services shall certify, through testing, that the employee
has a basic fundamental conversational skill level. Only one (1) allowance will be paid to an
employee regardless of the number of certified languages.
SECTION 11. 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.
SECTION 12. 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 13. 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
Police Corporal
$135 per month
$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
Effective July, 1999, the following educational incentives will be available to qualified
employees:
C. Bachelor's Degree:
Police Officer
$235 per month
Police Corporal
$245 per month
Police Sergeant
$268 per month
D. Bachelor's Degree plus Advanced POST Certificate:
Police Officer
$370 per month
Police Corporal
$390 per month
Police Sergeant
$435 per month
E. Master's Degree:
Police Officer
$335 per month
Police Corporal
$345 per month
Police Sergeant
$368 per month
F. Master's Degree plus Advanced POST Certificate:
Police Officer
$470 per month
Police Corporal
$490 per month
Police Sergeant
$535 per month
SECTION 14. 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.
The Division Managers shall fix vacation periods
for department heads.
B. Accrual 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 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 15. 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
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 the holidays listed
in Section 15, B.1 will be discontinued and instead employees will accrue 16 hours of
compensatory time.
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C. 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. 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 16. 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 (8) 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 (2/3) of the actual
number of working days of such month, he/she shall be allowed eight (8) hours of credit for sick
leave with pay. Unused sick leave may be accumulated without limit.
B. 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 may be 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,
>} 9 ,.
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 (1/3) 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 Payoff 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 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 fifty-six (56) hours in December, and may request cash payment for any hours
above fifty-six (56) or may add it to the 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 17. 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 18. 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...,
10 '' t
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 19. 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 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 20. 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 21. 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 22. 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:
Sam Browne belt and keepers straps; ammunition pouch; one box of live
ammunition per 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;
cots.
flashlight with batteries and holder; key holder, whistle; raincoat; rain b
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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
Department that the equipment was lost, destroyed, wom 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 23. 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.
SECTION 24. GRIEVANCE PROCEDURE
Refer to Personnel Rule XV, Grievance and Complaint Procedure, Sections 15.1-15.6.
SECTION 25: 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.
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•
SECTION 26. 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, 2001, the
Association shall serve upon the City Manager a written request to meet and confer no later than
February 1, 2001.
SECTION 27. 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.
F*]
C,
SECTION 28. TERM
This Memorandum of Understanding shall remain in full force and effect from the date of
approval by the City Council through midnight June 30, 2001.
WEST COVINA POLICE OFFICERS'
ASSOCIATION
DATE, 3"1 T
APPROVED AS TO FORM:
CITY ATTORNEY
a:POAMOU Ldoe 3-9A9
MANAGEMENT REPRESENTATIVES
OF THE CITY] OF WEST COVINA
DATE:
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