Resolution - 2005-53RESOLUTION NO.2005-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST
COVINA, CALIFORNIA, ADOPTING THE PROPOSED
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 POLICE OFFICERS' ASSOCIATION
WHEREAS, the City of West Covina has met and conferred with the West Covina Police
Officers' Association (POA); and
WHEREAS, the City and the POA have agreed upon certain changes to salary, benefits,
and terms and conditions of employment in agreed upon Memorandum of Understanding
(MOU), as outlined in Attachment A; 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. Term: Memorandum of Understanding is for a three (3) year term, and
shall remain in full force and effect through midnight, June 30, 2007.
SECTION 2. Salary: Effective the first payday of the pay period beginning on or after
July 1, 2004, a 4% salary increase for the members of the Association; effective the first payday
of the pay period beginning on or after July 1, 2005, a 3% salary increase; effective the first
payday of the pay period beginning on or after July 1, 2006, a 1.5% salary increase; and effective
the first payday of the pay period beginning on or after January 1, 2007, a 1.5% salary increase.
The City shall also provide a one-time $1,434 (nonPERSable) lump sum bonus effective upon
ratification of the current MOU. (Salaries are outlined in Attachment B.)
SECTION 3. Medical Insurance Cap: Effective July 1, 2004, the maximum monthly
amount unit employees may choose to use towards the City's payment for medical premiums,
dental premiums, deferred compensation, or cash out in lieu of only medical premiums shall be
capped at $600 per month. Any cost paid by the City above the $600 cap can only be used for
monthly medical premiums. Unit employees who received payments in excess of $600 medical
cap on and after July 1, 2004 shall have monies repaid to the City by having them deducted from
any retroactive payments the City owes these unit employees as a result of entering into this
MOU. The monies received by the City as a result of the medical cap will be placed in the
City's General Fund and used for all purposes by the City.
SECTION 4. Medical. Kaiser full family premium (employee plus 2) to be maintained,
as per current MOU.
SECTION 5. Retiree Medical. Effective January 1, 2006, the City shall increase the
amount contributed towards the payment of health insurance premiums for eligible retirees from
$400 per month to $475 per month. Effective January 1, 2007, an additional $75 per month will
be provided, bringing the total to $550 per month for eligible retirees.
SECTION 6. Court Call -Back Overtime Minimum: Effective July 1, 2006, the City
• shall increase the call-back overtime minimum from 2 hours to 4 hours for court call-back only.
SECTION 7. Uniform Allowance: Effective January 1, 2006, the City shall increase
the uniform allowance from $800 per year to $900 per year.
SECTION 8. Tuition Reimbursement: Effective July 1, 2005, the City shall increase
the tuition reimbursement from $686 to $1,000 per fiscal year.
Resolution No. 2005-53
August 16, 2005
SECTION 9. That the remaining provisions of Resolution No. 7223, as amended, shall
remain in full force and effect until amended as repealed by Resolution of the City Council.
SECTION 10. The City Clerk shall certify to the adoption of this Resolution.
• APPROVED AND ADOPTED on this 16`h day of August 2005.
Mayor Shelley Sanderson
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 16`h day of August 2005, by the following
vote of the City Council:
AYES: Herfert, Hernandez, Miller, Wong, Sanderson
NOES: None
ABSENT: None
ABSTAIN: None L 41�-. �"- 63c;J
ity Clerk Laurie Carric
APPROVED AS TO FORM:
-A ✓cam
Cit11 y ttomey Arno1 Alvarez-Glasman
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Attachment A
CITY OF WEST COVINA
•►1
WEST COVINA POLICE OFFICERS' ASSOCIATION
REPRESENTING
POLICE OFFICERS' NON -MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING
THREE (3) YEAR AGREEMENT
JULY 19 2004 THROUGH JUNE 30, 2007
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TABLE OF CONTENTS
PAGE
SECTION 1.
RECOGNITION/REPRESENTATION UNIT......................................................I
SECTION 2.
EMPLOYEE AND EMPLOYER RIGHTS...........................................................
I
SECTION3.
SALARY....................................................................................................................2
SECTION 4.
SENIOR OFFICER PAY........................................................................................3
SECTION 5.
HOURS OF WORK..................................................................................................4
SECTION 6.
TIME OFF BENEFITS FOR SHIFT PERSONNEL............................................4
SECTION 7.
MEDICAL AND DENTAL INSURANCE.............................................................5
SECTION 8.
LIFE INSURANCE...........................................................................................:......5
SECTION 9.
BENEFICIARY'S CONTINUANCE.....................................................................6
SECTION 10.
RETIREE HEALTH BENEFIT - CITY'S MONTHLY.....................................6
CONTRIBUTION
SECTION 11.
PERS EMPLOYEE'S CONTRIBUTION - PAID BY CITY ..............................7
SECTION 12.
PERS RETIREMENT BENEFITS.........................................................................7
SECTION 13.
UNIFORM AND MAINTENANCE ALLOWANCE - IN LIEU OF .................8
ISSUANCE
SECTION 14.
BILINGUAL SKILLS PAY.....................................................................................8
SECTION 15.
CALL-BACK, COURT STAND-BY "ON -CALL" AND COURT......................9
CALL-BACK
SECTION 16.
COMPENSATION - CALL-BACK, COURT STAND-BY..............................10
"ON -CALL", AND COURT CALL-BACK
SECTION 17.
TUITION REIMBURSEMENT PROGRAM.......................................................
I I
SECTION 18.
EDUCATIONAL INCENTIVE..............................................................................I
I
SECTION 19.
VACATION.............................................................................................................12
SECTION 20.
HOLIDAYS..............................................................................................................14
SECTION 21.
SICK LEAVE..........................................................................................................14
SECTION 22.
BEREAVEMENT LEAVE....................................................................................16
SECTION 23.
OVERTIME............................................................................................................16
SECTION 24.
COMPENSATORY TIME....................................................................................17
SECTION 25.
TRAINING TIME..................................................................................................17
•
SECTION 26.
SECTION 27.
TIME OFF -ASSOCIATION PRESIDENT.........................................................18
SAFETY EQUIPMENT.........................................................................................18
SECTION 28.
DISABILITY DISCRIMINATION......................................................................18
SECTION 29.
GRIEVANCE PROCEDURE................................................................................19
SECTION 30.
OTHER PROVISIONS NOT COVERED HERE...............................................19
SECTION 31.
NOTICE OF FUTURE MEET AND CONFER...................................................19
SECTION 32.
SEPARABILITY.; ..................................................................................................
20
SECTION33.
TERM......................................................................................................................20
AGREEMENTPAGE
...........................................................................................................................21
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF WEST COVINA
AND WEST COVINA POLICE OFFICERS' ASSOCIATION
PREAMBLE
In the interest o f m aintaining h armonious 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 effective July 1, 2004,
(except as otherwise stated herein) and continue through the term of the MOU.
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. EMPLOYEE AND EMPLOYER RIGHTS
The parties hereto agree that except as stated herein, this agreement does not
in any manner abridge, modify or restrict the rights and prerogatives of the employees
and the City as set forth in the West Covina Municipal Code. It is understood that
these rights and prerogatives of the City include but are not limited to determinations
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as to levels of service, manning requirements, work schedules, overtime assignments
and approval, number and location of work stations, nature of work performed,
contracting for any work for operations, employee performance standards, including
but not limited to quality and quantity standards and reasonable work and safety rules
and regulations in order to maintain the efficiency and economy desirable in the
performance of city services.
SECTION 3. SALARY
A. 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.
B. One -Time Lump Sum Romps -Non PERSahl
Effective upon ratification of this MOU by both POA and the City, each unit
employee (employed by the City on the date the MOU is ratified by the City) shall
receive a one-time (non-PERSable) one thousand four hundred thirty four dollar
($1,434) bonus.
C. Salary Increase—.1fnly1, 2004 thrnngh lane 30, 2005
Effective the first payday of the pay period beginning on or after July 1, 2004,
all classifications in the unit shall receive a four percent (4%) salary increase above
their classifications' current assigned salary range which was in effect in the salary
range scheduled on June 30, 2004. This increase will be paid retroactively, as soon as
possible after full execution and adoption of this Memorandum of Understanding by
the City Council.
• D. Salary Increase .Tnly 1 2005 through Time 30, 2006
Effective the first payday of the pay period beginning on or after July 1, 2005 all
classifications in the unit shall receive a three percent (3%) salary increase above their
classifications' current assigned salaryrange which was in effect in the salary range
schedule June 30, 2005. This increase will be paid retroactively, as soon as possible
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after full execution and adoption of this Memorandum of Understanding by the City
Council
E. Salary Iner ace .Inly 1 7006 thrmtgh Deremher 31, 2006
Effective the first payday of the pay period beginning on or after July 1, 2006,
all classifications in the unit shall receive a one and one half percent (1 %:%) salary
increase above their classifications' current assigned salary range which was in effect
in the salary range schedule on June 30, 2006.
F. Salary increase January 1 2007 thrmigh .inne 30,'7007
Effective the first payday of the pay period beginning on or after January 1,
2007, all the classifications in the unit shall receive a one and one half (1 %x%) percent
salary increase above their classifications current assigned salary range which was in
effect in the salary range schedule on December 31, 2006.
G. Shift Salary Reconeiliatinn's
Salary rates for police shift personnel are based on a 3 7%s 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:
1. Reduction of straight time pay (training compensation).
2. Reduction in court -on -call pay at the rate of 3 hours per each on -call status.
3. Reduction in time and one-half pay.
4. 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.
5. 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 4. SENIOR (OFFICER PAY
Effective January 1, 2004 and in recognition of continuous sworn service with
the City of West Covina, the City shall provide additional compensation for years of
service as follows:
10 years of service: $100 /month
15 years of service: an additional $100 for a total of $200 /month
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20 years of service: an additional $100 for a total of $300 /month
25 years of service: an additional $100 for a total of $400 /month
In order to receive that aforementioned additional monthly compensation the
Employee must demonstrate that the years of service were as a sworn police officer
and represent continuous employment with the City of West Covina.
SECTION 5. FOURS OF WORK
A. Wnrk Shifts
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.
B. Wnrk Schedule Pay Racks
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.
C. Wnrk Weeks
The City has established different FLSA work weeks to correspond to the
various work schedules as follows:
28 day work period of 171 hours. (7(K) exception of FLSA)
2. SIR and 4/10 Wnrk 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.
�MKOYRIRZI u 1121 9.1 D191i; . I laidW11100 DI
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)
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hours regardless of actual length of work day/shift.
A. City's Monthly Medical insurance Premium Contrih tenon
The City shall contribute an amount equal to the Kaiser Full Family monthly
premium rate to offset the unit employee cost of medical (health) insurance premiums
for eligible employees.
B. Fmp Invees Monthly Medical Inc yrance Premiums Contrihntion
The difference of any medical insurance plan premium rates which are higher
than the Kaiser Full Family rate, shall be paid by any unit employee who is enrolled in
a medical insurance plan which is higher than the Kaiser full family.
C. Mediral insuranre Can
a. Effective July 1, 2004, the maximum monthly amount unit employees may
choose to use towards the City's payment for: medical premiums, dental
premiums, deferred compensation, or cash out in lieu of only medical
premiums shall be capped at six hundred dollars ($600) per month. Any cost
paid by the City above the six hundred dollars ($600) cap can only be used for
monthly medical premiums.
b. Unit employees who received payment in excess of six hundred ($600)
medical cap on and after July 1, 2004, shall have monies repaid to the City by
having them deducted from any retroactive payments the City owes these unit
employees as a result of entering into this MOU. The monies received by the
City as a result of the medical cap will be placed in the City's General Fund
and used for all purposes by the City.
1 I , MorlanT i
The City shall provide up to $20 per month to offset the cost of dental insurance.
E. Retired Employees — Dental insurance
The City shall permit retirees to participate at their own cost, and at no cost to,
the City, in the City's group dental plan, if permissible under the current plan.
SECTION 8. LIFE INSURANCE
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A. Policies
1. The City shall provide all unit employees a term life insurance policy in the
amount equal to one-half of their annual salary.
2. The City will also provide a $100,000 life insurance if killed -in the line of duty.
3. The City will also provide an additional $10,000 Life and AD&D (Accidental
Death & Dismemberment).
SECTION 9. BENEFICIARY'S CONTINUANCE
A. In the Tine of Duty
If a sworn employee is killed in the 1 ine o f d uty, w hile e ngaged i n o fficial
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 medical (health) insurance, subject
to the following:
1. Said spouse and/or dependents must have been covered by City -provided
medical (health) insurance program at the time of the employee's death.
2. Payment for medical (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.
3. Maximum monthly amount payable under this program shall not exceed the
amount available to existing employees for the purpose of health insurance.
B. Term of Prngram
The term of this program shall not exceed ten years from the date of such
employee's death.
SECTION 10. RETIREE HEALTH BENEFIT — CITES MONTHLY
A. City Contribution Amount
• 1. The City shall contribute towards the payment of health insurance premiums,
for eligible retirees four hundred dollars ($400) per month.
2. Effective January 1, 2006, the City will increase the monthly amount paid to
four hundred and seventy five ($475) per month for each eligible retiree.
3. Effective January 1, 2007, the City will increase the monthly amount paid to
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five hundred and fifty ($550) dollars per month for each eligible retire.
4. These changes will be effective through enacting a resolution pursuant to the
Public Employees Retirement System (PERS) requirements and procedures.
5. It is understood that the contributions hereinabove set forth are due and
payable to defer the cost of retired members' medical insurance premiums. If
a retired member should select an insurance carver other than a carrier
selected by the City, the contributions shall be made to the employee upon
proof of the selected insurance carrier's premium.
SECTION 11. PERS EMPLOYEE'S CONTRiBiiTiON — PAiD BY CiTY
A. Added to Race Salary Reported to PERS
1. There shall be added to each unit employee's base taxable compensation paid by
the City on behalf of unit employee, an amount known as the member's
contribution reportable to the Public Employees Retirement System.
2. This amount shall constitute the entire member's contribution that is required to
be made under the System as determined below.
The taxable base pay shall be inflated by 9% via the following method:
a. Base pay divided by .91 times 9% equals employee contribution.
b. Example: $1,000 divided by .91 = $1,098.90 x 9% = $98.90 (employee's
contribution paid by the City). Known as the "West Covina Plan", this is to say
the taxable base is .91 % of the total.
3. This Section is not intended to, nor will it change, the City's Contribution on
behalf of unit members to PERS and/or the City's past practice in the
manner in which this benefit is paid or calculated.
SECTION 12. PERS RETiREME.NT BENEFITS
The contract between the City and Public Employees' Retirement System
(PEAS) shall provide the following benefits for unit employees:
. A. iinused Sick Leave
Unused accumulated sick leave may be converted to additional service credit
at the time of retirement pursuant to PERS Section 20862.8.
B. One Yenr Final Compensation
Retirement benefits shall be computed using the One -Year Final
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Compensation Option pursuant to PERS Section 20024.2.
C. 3% 4 50
Safety employees' three percent (3%) at age 50 benefit formula, pursuant to PERS
Section 21363.1.
D. 4th Level Sprvivor Benefits
Level W of 1959 Survivor Benefits pursuant to PERS Section 21574.
E. Military Buy Rack
Military service credit as public service credit pursuant to PERS section 21024.
F. Post -Re irement Survivor Cnntinuance
Post -Retirement Survivor Continuance benefit pursuant to PERS Sections
21263 and 21263.1.
G. Pre -Retirement Optional Settlement 2 Death Reneflt
Pre -Retirement Optional Settlement 2 Death Benefit pursuant to PERS Section
21548.
H. Pre -Retirement Death Benefit After Remarriage of Snrvivnr
Pre -Retirement Death Benefit After Remarriage of Survivor pursuant to PERS
Section 21551.
SECTION 13. UNIFORM AND MAINTENANCE ALLOWANCE — In Lieu of
issnanc
A. Allnwance and Payment
1. The annual uniform and maintenance allowance shall be eight hundred dollars
($800) and the annual payment will be made in January of each calendar year.
2. Effective January 1, 2006, the annual uniform and maintenance allowance
shall increase to nine hundred ($900) dollars.
3. If a unit 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.
B. Newly Hired Police Officers
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 14. BILINGUAL SKILLS PAY
A. F.linihility and Cams ensatinn
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Unit employees with bilingual skills shall receive one hundred dollars ($100)
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 Human Resources.
moo—,
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.
C. Certify Thrnngh Tect-
Human Resources Department shall certify, through testing, that the employee
has a basic fundamental conversational skill level.
D. Limitatinnc
Only one (1) bilingual allowance will be paid to an employee regardless of the
number of certified languages.
SECTION 15. CALL-BACK CnTiRT "[1N (er r » A T1
A. (all -Rack - "Nnn (nn r} T7 set
I. Call-back is unscheduled time worked, performed by an off duty unit
employee c ailed b ack to work after they have completed their regular work
schedule and have left work or are on their day off.
2. Unit employees must physically return to the worksite in order to receive call-
back pay. Travel time to work and returning home shall not be counted as
time worked.
B. Cnnrt " (ln-Call"
1. Court `ion -call' is when a unit employee is,subpoenaed and placed on on -call"
during their assigned off duty non -work time.
. 2. "On -call" is for subpoenas for job -related matters only.
C. COnrt Call_Raek
I. Court Call -Back Time shall be defined as non-contiguous work hours
performed by an off duty unit employee called back to work after they have
completed their regular work schedule or are on their day off for time spent.
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2. Court call-back time shall be for time spent pursuant to a subpoena to
appear in the performance of the unit employee's duty.
Unit employee shall be paid at time and one half (1 %) with a two (2) hour
minimum for call-back time, which fall within their normal off duty period.
B. ro=10n-Cnfl" �
1. For each court day a unit employee is placed "on -call" by the Courts, the City
shall pay the eligible employee one hundred fifty dollars ($150) per court pay,
provided such "on -call" occurs beyond the employee's regular assigned work
shift.
2. The one hundred and fifty dollars ($150) payment will be the maximum paid
to any sworn unit employee for all "on -call" assignments per court day,
except when additional compensation is authorized by the Police Chief.
C. Call -Rack Cnnrt Timn
I. Time spent in court by a unit employee beyond their regular scheduled work
shift will be paid at time and one half (1 %a) their regular hourly rate of pay
with a two (2) hour minimum guarantee.
2. Effective January 1, 2006, the minimum guarantee for call-back court time
shall increase from two (2) hours to four (4) hours.
3. If the minimum carries into the unit employee's scheduled work hours,
overtime will be paid for the time up to the start of the scheduled work
period of the unit employee.
Example: Police Officer Smith is subpoenaed to appear in court at 1200
hours and is scheduled to start work at 1430 hours. Officer Smith
would be eligible for overtime compensation of two and one half (2 '/z)
hours of overtime at time and one half of his regular hourly rate of pay.
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SECTION 17. T IJUN RFIMBIiR4FMFNT PR(lf n M
A. Maximum RdMWMcrmrnt
Effective July 1, 2005, unit employee's maximum annual tuition
reimbursement (including books) shall be increased from $686 to one thousand
($1000) dollars per fiscal year.
B. Adminictrad Pnliry
The specific details of the Tuition Reimbursement Program is set forth in
Administrative Policy approved on August 13, 1992, and amended thereafter.
SECTION 18. EDILCAjjoNAI 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. Accoriate of Aric ilenre
P nr P4111 V'i1Pn1 (fin CPIIIPCtPr nr qn g111 r}P�Il nay
Police Officer
$135 per month
Police Corporal
$145 per month
Police Sergeant
$168 per month
B. Accoriate of Artc
DPgrPP_ nr P �niv�lPnt plllc Adv�nrrri p(1ST (PrfiP
Police Officer
_ter
$270 per month
Police Corporal
$290 per month
Police Sergeant
$335 per month
C. Bach elor'c DPg
-
Police Officer
$235 per month
Police Corporal
$245 per month
Police Sergeant
$268 per month
D. BarhPlnr'c DPgrrP
nluc Advanced p(le r rP
Police Officer
$370 per month
Police Corporal
$390 per month
Police Sergeant
$435 per month
E. Macterl�c n 9ML
Police Officer
$335 per month
Police Corporal
$345 per month
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Police Sergeant
$368 per month
1/ � ' ��.:��.i:Y�i�i�A7 t�ra➢IIiT:FT :�
Police Officer
Police Corporal
Police Sergeant
SECTION 19. VACATION
A. ,ILu
$470 per month
$490 per month
$535 per month
1. New Employees,- Upon completion of six (6) consecutive months of service,
may b e c redited w ith o ne-half o f 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 o f 160 hours added to an amount equal to the
monthly accrual rate multiplied by twelve (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, eight (8) additional hours
of vacation shall be granted.
5. The Division Managers shall fix vacation periods for department heads.
L_.fiW.Tjr
Each full-time employee shall accrue vacation leave w ith 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 (sixty) 60 months of service, and at the completion of sixty (60) months
of service, forty (40) additional hours vacation shall be granted; from sixty one (61)
up to and including one hundred and eight (108) months, vacation shall be earned at
the rate of ten (10) hours per month; and from one hundred and nine (109) up to and
including one hundred and twenty (120) months, vacation time shall be earned at the
rate of 10.67 hours per month; and from one hundred and twenty ( 120) up to and
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including one hundred and thirty two (132) months, vacation time shall be earned at
the rate of 11.33 hours per month; and from one hundred and thirty two (I32) up to
and including one hundred and forty four (144) months, vacation time shall be earned !
at the rate of 12.00 hours per month; and from one hundred and forty four (144) up to
and including one hundred and fifty six (156), vacation time shall be earned at the rate
of 12.67 hours per month; and from one hundred and fifty six (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 one hundred and sixty (160) hours earned vacation per year.
C. i,ateral Fntry 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 Nyment
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 s alary i n advance for any p ay
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
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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 20. HOLIDAYS
A. Class IClass Hnlidays
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 f 0 hours for each holiday.
B. Class 11 Holidays
1. shiftEmployees
Martin Luther King's Birthday, Lincoln's Birthday, Washington's Birthday,
Admissions Day, Veteran's Day and the day after Thanksgiving.
2. Non -Shift F.m I,n nT
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 20, B.1 will be discontinued and instead
employees will accrue 16 hours of compensatory time.
C. Observation of Saturday and Sjinday 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 21. SICK I,F.AVF.
\Ir1. T4T a 1i
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)
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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 c redit ,for s ick leave with pay. Unused sick leave maybe accumulated without
limit.
B. Lateral F.ntry Sick Veave
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 eared 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 Sirk Leave
1. Approval
Sick leave can only be granted, except as otherwise provided for in this MOU,
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 m ore t ban forty e ight (48) h ours o f s ick l eave w ithin 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 eight (48) 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,,
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.
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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. Sick Leave Annnal Payoff Program
The employee sick leave annual payoff program shall be administered as follows:
1. By November of each calendar year, the City will determine the amount of
unused sick leave for each regular employee.
2. The maximum amount of sick leave hours cashed each calendar year at the
employee's hourly rate is forty (40) hours.
3. Each employee must carry over to a sick leave "bank" a minimum of fifty-six
(56) current year unused hours in December, and may request cash payment
for any hours above fifty-six (56) current year unused hours or may add it to
the sick leave bank.
4. Sick leave used by an employee during each calendar year will be charged
against the employee's current year earnings.
5. If fifty-six (56) hours per calendar year of unused sick leave are not available,
the number of unused hours must be carried over to the sick leave bank.
6. To qualify for this program, employees shall not be allowed to change sick
leave to other forms of paid leave upon return to work.
SECTION22. BEREAVEMENT LEAVE
Forty (40) hours of said leave per calendar year will be available to an
employee in t he a vent 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 23. OVERTIME.
A. Pn�li v.
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
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department head, payment will be at time and one-half (1 V2) 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.
B. Compensation at Time and One Half
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 24. COMPENSATORY TIME
A. Compensation
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
(1 V2), or credited as compensatory time at time and one-half (1 %).
B. Hmitatinns
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. Maximum Accumulation
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 25. TRAINING TIME
For purposes of the time and one-half (1%2) 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
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officer training program.
SECTION 26. 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 27. SAFETY FOUIPMF.NT
A. C*Ly Issued Safety Fqnip menl
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 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; 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
Department that the equipment was lost, destroyed, worn out, or damaged in
the line of duty.
1. 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.
2 All equipment furnished by the City shall be and remain the property of the
City and shall be returned to the City of West C ovina upon termination o f
active employment in the West Covina Police Department, or upon transfer to
• duties where said equipment is not required or needed.
SECTION 28. DISARIi.ITY DISCRIMINATION
A. 01y pax
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
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that can be made available in the City service where their disabilities will not affect
the performance of their duties. This policy will extend to all terms, conditions and
privileges of employment.
The Americans With Disabilities Act (ADA) requires accommodation for
individuals on a case by case basis. Prior to the City providing an accommodation
which would be contrary to negotiated agreements, the City shall provide written
notice of intent to disregard provisions and shall meet and confer over options prior to
implementation.
The City has a legal obligation to meet with individual employees as necessary
to discuss possible accommodation before any adjustments are made to working
conditions. The Association shall be notified prior to the implementation of proposed
accommodations by the City, which affects an employee or group of employees
within their respective bargaining unit. Accommodations provided to an individual
protected by the ADA shall not establish a past practice, nor shall it be cited or used
as evidence of past practice in any grievance process.
B. Limitatinnc
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.
• '" 04 1 BLIF-111:14i as W Mrsi of IMNA
Refer to Personnel Rule XV, Grievance and Complaint Procedure, Sections 15.1-
15.6.
N •[illf Y C9 eaffilw•Yr:10177;Ti1y 6Y0161 KIMANZ
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 31. 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
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which would take effect on or after July 1, 2007, the Association shall serve upon the
City Manager a written request to meet and confer no later than February 1, 2007.
SECTION 32. 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 33. TERN
The term of this Memorandum Of Understanding shall be effective July 1,
2004 through midnight June 30, 2007.
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PARTIES TO THE AGREEMENT
West Covina Police Officers City of W1 est Covina
Associations / „/
Richard Shinee, Chief Negotiator Artie A. Fields, .Ks
Police Officers Association and Interim Human
Chief Negotiator
Police
Director -
President John F. Hoffman, Co -Chief Negotiator
Voosevelf Ausfin�Vice President
Police Officers Association
Walt Hauser, Representative
Police Officers Association
Dave Lee, Representative
Police Officers Association
Wayne Worley, Representative
Police Officers Association
Thomas Bachman, Finance Director
Darrell Myrick, Police Commander
Sharon Gardner, Administrative Analyst II
IN WITNESS WHFRFOF_ the parties herein have caused this Agreement to be executed this
day of 2005.
Police Officers Association City of West Covina
By: Michelle F eroa, President Andrew,G. Pasmant, City Manager
APPROVED AS TO FORM:
CITY ATTORNEY
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