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HomeMy WebLinkAboutReso 70-18 POA MOU 2018-20#- Bay, California ay Peace Officers' Association ("POK) as the sole exclusive bargaining agent for those City mployees designated as being in the Law Enforcement Unit including the classifications of 3olice Officer, Senior Officer, Corporal and Sergeant, for all matters concerning wages, hours d working c '• • •' s and f. . • the ••• expired i i20180 and net and conterrecl to negotiate a tentative agreement and successor 11T.-VW11% between the partie )ursuant to both the Meyers�Milias�Brown Act ("MMBA") (Government Code Sections 3500 3511) • the City I s Empoyee Relations Resolution N• 1 and jointly prepare • executed a tentatives,- - •• • -•' by i on 1 a t • • -• - •I Ll 1%mo- ! • .• • •• -• •I 1W - rganization, or recognized employee organizations, the governing body shall vote to accept o eject the tentative agreement, 1 days of date it is first considered, at a duly notice)ublic meeting. If the governing body adopts the tentative agreement, the parties shall jointl, )repare a written memorandum of understanding; and )eriod of 1 :through,andincluding, June 30, 2020 •♦MOU 2018020 ubject to City Council acceptance and approval, which is made a part hereof by this reference; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Resolution No. 70-18 Page 2 Section 1. The City Council hereby approves the successor MOu between the City and the POA for the period of July 1, 2018 through, and including, June 30, 2020, a copy of which is attached hereto as Exhibit A. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 11th day of September 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Irons, Davis, Headdin None None None D�CNA SWANSON, City Clerk g, Makowetski, McPherson JA . IRO'NS, Mayor 01 � 81.0026/498023.6 MCH II k..Aird1—P u Aj U SE............................................................................................................................................................. kRaTICLE2— ANAGE ENT.....................................................................................................................00 a a 0 0 a 0 0 a 0 0 0 0 0 0 0 * 0 0 0 0 0 6 a 0 0 0 0 AC E 3—RECOGNITION. ........................................................................................................................006*000*so*0000we**&*00000 kRTICE — ASSOCIATION INS............................................................................................................................. kRTICLE5 — AUTHORIZED AGENTS.................................................................................................................................... AC E 6 —ASS C TI N UES AN E CT NS....................................................................................................5 kRTICLE7 — TE................:.................................................................................................................................................. ICE8 — RENEGOTIATIONS ............................................................................................................................................ AICLE —N ATI— SC INATI N.................................................................................................................................. ARTICLE10 — WORK SCHEDULE .000000..............00...0.00000000000...00000000900.00000.00000900.0.00.6009000000060..000000000000000.0....0000a0000006..a00000a00a0000 A.ICLE 11 — VACAT N/ LI AY EAV......................................................................................................................8 ACLE 12 was SICK LEAVE 000006*00*00.....................................000600000000000000 *so Soo 0000,..................00.00.000000000000000000.00...............*00*0000 ARTICLE13 — BEREAV EN.............................................se*&$0...............................................................0****Soo**00............ See ALRTICLE 14 — T ENT................................................................................................................................................. ATICL 5— EALTBENEFITS................................................................................................................................ 9 0 0 0 0 0. 3 ED UCA N IOAL INCENTIVES.....................................................................................................................1 ARTICLE 1 — ARTICLE 17 - UNIFORMS ..................................................................................................................... ................................. 15 15 ARTICLE 18 man SALARIES....................................................................................................................................................... ARTICLE 19 - SPECIAL PAY PRACTICES....** 000 &see 0009000*0 0000 0 000*008 0 000*0& osseemoev 0#0*00** 18 ARTICLE20 - BULLETIN BOA................................................................................................................ ego * * * ................ . 21 ATwas 21 PROBATIONARY PERIOD OD.......................................................................................................................... 0 0 1 ARTICLE 22 -DRUG AND ALCOHOL TESTING.................................................................... ..........................21 .................. ARTICLE 23 was GRIEVANCE PROCEDURE................................................................ .................22 .......................................... ARTICLE 24 gas NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK.....................................................23 ARTICLE 25 - FULL UNDERSTANDING, MODIFICATION, WAIVER............................................................................23 ARTICLE 26 - SEVERABILITY................................................................................. .................24 ............................................ ARTICLE27 -JOINT DRAFTING.........................................................................................................................................24 ARTICLE28 - CITY COUNCIL APPROVAL. ...............................................................................................000 a a00000000a000000000024 Ity ay S ci �. CO i'ati ; e�iSti g er t S � a S general city; and ax rate, and in structure because it is a public entity, rather than a profit�making business; and Nxisting under the laws of the state of California; and ecognize that the mission and the purpose of the City is to provide high�quality and economical imnicipal servicesand facilitiesto theresidentsof _Cityof i • B, uy 2018 between the City of Morro Aay, referred to as ��amw Lllkw� ........... illillifVllorro-? Nficers' Association, referred to as "ASSOCIATION." )eaceable method and manner of resolvin 9 any differences, which may arise, to negotiate an nisunderstanding, which could arise, and to set forth herein the basic and full agreeme )etween the parties, concerning the pay, wages, hours of employment, and other terms an onditions of • • safetypublic _ for citizens of • • i.the CITYcontinues to reserve .retain, solely and exclusively, all management rights, i regardless including those rights and responsibilities set forth by law and those CITY rights set fort in the CITY's Personnel Rules and Regulations, and including, but not limited to, th following: City of Morro Bay POA OU 201 � - 2020 Page 1 01. ge Me ronce uepartment,ete e poilcies anu proceuures anU Lne right to manage the affairs of the Department. star fete exists ce, r 11UJLIeA.13ts ce, kif sets is are t e asis Ut e management ecis compliance It t to law. 2. star e t e 11eceSSty, rga 1Zatl , l e e tatl , a e a l f a y service or activityconducted y the CITY Or other government jurisdiction, to expand Or diminish police Services. discharge, terminate demote reduce, suspend, reprimand, withhold salary increases and benefits for M disciplinary reasons, or otherwise disci p line employees, in accordance ICITY Regulations or d technology, standard, and level of police services to be provided to the public. 2. ®re ire t e ef® ace ®f er public safety services, n®t specifically state herein in the event Of an emergency or disaster, as deemed necessary by the CITY. or • costeffective,as determined by ' which the CITY police operations and services are to be conducted. inctions,I' • the right • , cM t • .Department. act or subcontract any work or • •'' . • • requirements determined by the Police Department, and to establish and require compliance to work hours and changes to work hours, work schedules, including City of Morro Bay POA O�J 2018 - 2020 Page 2 ��� • • a MA -, 2.1.12 TO establish and modify goals and obj actives, related to productivity and performance programs and standards, including, but not limited to, quality and quantity, and required compliance therewith. 2..13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, j ob classification, job specifications, and to reallocate and reclassify employees, in accordance with division and/or CITY Mules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the Police Department, and to take necessary action to achieve the goals and objectives of the Police Department. reallocate terminate, and take other personnel action for nonIIIIIIIIdisciplinary reason in accordance with Department and/or CITY Rules, Regulations and Ordinances, 2. .1 o etermi e policies, procedures, and scan ar s for recruiting, selecting, training, and promoting employees. 2.1.17 To establish, implement, and/or modify rules and regulations, policies, and procedures related to productivity, performance, efficiency, personal appearance standards, code of ethics and conduct, safety, health, and order, and to require compliance therewith. 2..19 To restrict the activity of an employee organization on C T facilities, exce t as set forth in this U. necessary by the CITY, and not specified above. City of Morro Bay POA MOU 2018 - 2020 Page 3 ♦ ' •HII •ereinafter exercised, shall remain s � • i' 1sted exclusively with the CITY. No third party e tra S 'Ve t o t rlty to IS a y t o age e ricluded in this MOU. own 3.1 rs a t t es 1 o o. , t e yer- oyes c i s es t f t e City of Morroay and applicable State law, ASSOCIATION was designated by CITY as the representative of CITY employees in the Law Enforcement Unit (hereafter "UNIT"). The UNIT 1S comprised of the following classifications: • • .' nior Officer olic-Officer The term "e loyee" or "e loyees," as used erei ,shall refer only to the foregoing classifications. shall receive vacation ancl sick leave accruals on a proIIIIIIIIrated basis, commensuratewith hours worked. All benefits for new hires including insurance benefits, will be allocated on a pro�rated basis commensurate with hours worked. ♦LCH k I I member institution. -ASS C TI N BIT E 4.1 Employee representatives, designated by the ASSOCIATION, shall be granted time off, without loss of pay, to attend "meet and confer" sessions with the City Manager, and/or his/her designee, on subjects within the scope of representation when such meetings are scheduled during regular working hours. Should such meetings extend beyond an employee representative's regular working hours, the employee representative shall be paid for only the regular working hours. City of Morro Bay POA MOLT 2018 - 2020 Page 4 i I'. ., ��. .. n e oyes re rase aive s al save is er y r or satio or ssi e , a er co slste t �t e t g ee s o sc e eS. .2 of i g vi e eei s a i it r restrict age e sc e ig s c eetings afore r er rag a T or o s. f e yeas ill of e ai or ate i g seta co far sessio s, or it ver-ti e e ai or sa e. authorized representative (address: 595 Harbor Street, Morro Bay, CA 93442; telephone (805) 772-6201), except where a particular management representative is specifically designated in the MOU 5.2 The ASS CATON's principal authorized representative shall e the resident of the SSOclatlOn, or is/her duly authorized representative (a ress I'. Box 276, Morro Bay, CA 93443). .1 � The ASSOCIATION may request that the CITY deduct ebership dues, initiation fees, and general assessments, as well as payment of any other embership benefit program sponsored y the ASSOCIATION, from the wages and salaries of ASSOCIATION members. The ASSOCIATION hereby certifies that ASSOCIATION has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the CITY unless a dispute arises about the existence or terms of the authorization. Accordingly, ASSOCIATION membership dues shall be deducted each pay period in accordance with CITY procedures and provisions of applicable law from the salary of each employee whose name is provided by the ASSOCIATION. Any changes in ASSOCIATION dues must be given to the CITY a minimum of thirty (3 0) days prior to y t e Y' III or er to set ULP L11C CHIPWYCIC's UCUU1UL1U11s. er 1111LIdl Set up, SSOCIATION may be charged 5 pere loyee to make changes to requested dues eductions. .2 e N s al efe a e i, officers agents, and employees from y and all expenses, or liability arising out of this Article. a" # damages it is a19 0gree t at t o CITY it e osi ayr l e cti s, a e ya e cre it o s i is the atici pates, rovi ing the ASSOCIATION makes arrangements for such services that are acceptable to both members and the CITY under the same c iti s as revails or deductions as set forth above. Except as of erwise rovi e herein, t e to of t is U com ences on July 1, 21, a expires, and is otherwise fully terminated, on June 30, 2020. initial wr117 proposals '1121FI, with negotiation 29210� by serving their ten by January 1 21 1 meetings o commence no later than March 1. 2020. Should the parties be unable to reach agreement on iew contract before the current contract expires, all applicable provisions of this MOU sha I ime as a new emain in full force and effect unti such t* MOU is reached, or September 30, 2020 vhichever first occurs. ARTICLE 1 - SCHEDULE 10.1 Alternative work schedules, in compliance with the federal Fair Labor Standards Act ("FLSA"), may be implemented upon approval of the Chief of Police. No guarantee of work, per day or per week, or of days of work per week, is implied. The implementation of an alternate work schedule shall not incur any CITY obligation to ersonnel shall ensure effective and efficient delivery of police protection to the ommunity, sufficient to continue during times of vacation, sick leave, and DepartmentIIIIIII proved training. City ®f 1Vl®rr® day PA U 201 - 2 2 Page 6 oyee, in exce rrhty (80) hours worked ork For the pulp f defining hours worked, vacation leave and holiday leave taken shall cou )wards time worked, for the purpose of overtime. All overtime as defined hereini hall be paid at one and oneIIIIIIIhalf (1.5) times the employee's regular rate of p ay, rs s e i c e se � e e o sera ce y" shall e considered n paidas t f this article; except o e" i i y," which is now covered eSpecial y Practices. .2.2 e s t y i e ff f ecive i e ratification of this MOU, Compensatory Time Off (hereinafter "C ") shall e earned at the overtime rate of one and o e- alf 1.5) times the number of overtime hours,worked as defined in Articles 10.2.1 and 10.2.2. CTO may be accrued up to a maximum of 140 hours. Overtime earned in excess of the CTO maximum accrual, shall be compensated in cash. 10.2.3 Compensatory Time Payoff Employees may elect a payoff of up to a maximum total of 60 hours per fiscal year of accrued compensatory time. Upon 30 days' advance notice, partial or full payment will be made on the second paycheck received in March and/or on the second paycheck in September, as elected by the employee. 1.3.1 Nothing herein shall e construed to limit or restrict the authority of management to make temporary assig ants to different or additional locations, shifts, or duties for the purpose of eeting an emergency. 10.3.2 Such emergency assignments shall not extend beyond the period of said emergency. City of Morro day P®A ®U 2018 - 2020 Page 7 C4 ,SIC 9FF ON AN HOUR FOR HOURBASIS E QUALING EMPLOYEE ACTUALI , qEGARDLESS OF A CC UMULA TION RA TES, r 1.1. T e o i g is a ist vac ti a a acc 1 sc e le y years employment, effective retroactive to July 1, 2016 forthose eyees still iarvi Iny e CTTV ii nn Citci qtin finn nf fliiQ oiiooinLoQnr A4nT To N ACCRUALYEARS 1-2 88 hrs 34 96 hrs 104 5 s 6-7 112 hrs 8-9 120 hrs 10 128 hrs 11-12 136 hrs 1344 144 hrs 1 5 or more 160 hrs -!'upon prior law entorcement service at otner agencies asrreterminea ie sole discretion of the Police Chief and as approved by the City Manager and to e documented in both the recruit's conditional offer and the City's initial hire ersonnel Action Form. Retroactive application shall be applied to those mployees hired on or before the City Council's adoption of this MOU, but there hall be no increased retroactive accrual of vacation. Rather 'the increased accrual nly applies starting •. 11.1.3 In determining priority of individual members for assignment of vacation periods, "seniority within rank" shall be the primary criteria. During the month of January of each year, each employee shall submit his/her preferences for vacation time off during that calendar year. It is agreed that every effort will be made to permit UNIT members to take vacation at a time and for periods as close to members' preference as possible, consistent with the necessity for maintaining adequate manning to assure performance of police department functions. It is further agreed that every effort will be made to schedule individual vacation periods so as to maximize consecutive vacation days off, consistent with annual vacation entitlement, pity of orro ay PA U 201 � - 202 Page � 11. . fectivs retroaCtive LU i s pay periou inemuing juiy 1, 2 1, t e Maximum amount f vacation accrual will be 280 hours. When an employee reaches the maximum accru i limit of 280 hours, the employee shall cease to accrue vacation cave until e usage of vacation causes the balance to be less than 280 hours. Employees,who have a requestedvacation denied or canceled withindays prior o reaching the 280 hour accrual maximum shall, upon request, be given an additional 60 days following reaching the maximum to utilize vacation, prior t ceasing to accrue. . .5 s yes ay exercise a t t c ve 1 tO caS axl forty (40) hors of accrued vacation leave each fiscal year, upon 30 days' notice to payroll. Such conversion shall e computed at the employee's current ass hourly rate on an hour-per-hourbasis. employees in this UNIT: New Fear's Day artin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday emorial Day ay after Tha sgivi g y Christ1.1.1aO Day ay after Christmas Floating Holiday January 1 3 ra Monday in January February 12 3rd Monday in February Last Monday in May July 4tn 1 St Monday in September November 11 to 4t� Thursday in November Friday after Thanksgiving December 25tnth 11.2.2 Effective upon City Council adoption of this OU, employees who work a holiday Iisted i 11.2.1, shall be paid one and one-half (1.5) times their base hourly rate. An employee is eligible for the one and one-half time pay only for the hours actually worked during the actual calendar holiday date as set forth in 11.2.1 above regardless of any change in City observation of same based upon the actual day of the week of the holiday. Each employee will be credited eight (8) hours Holiday leave for each holiday listed in 11.2.1 or recognized under 11.2.3, in addition to pay for time worked on that holiday. Holiday Leave hours shall be pro -rated annually and credited to employees at the rate of four hours per pay period. (For example, if a listed holiday is Sunday, and the City recognizes the holiday on Monday, the employee working the actual holiday on Sunday shall receive credit City ®f ®rr0 day PA ®U 201 � - 22 Page ays iucallnu y overllilve11 L fficia s: L 13 agree tat e i ay is proclaimed y the Mayor of the CITY,ten each regular member oft e UNIT shall e granted compensation in the same number o ors as e iva e tot e time -off granted other employees of the CITY. Such time-offshall be selected by e Police Chief. 1.2. cc lets i ay save ay s sc e le a to e va t s Police Chief, or his/her designee. y ear. All Holiday Leave, not taken by the pay period containing December 1, shall be paid off at the employee's current rate of pay. By request only, employees may be paid for a designated amount of accumulated Holiday Leave with the pay period incivaing June 1, upon 30 days' advance notice to Payroll. When an employee terminates employment with the CITY, employee shall receive pay for employee's current holiday balance at employee's current base hourly rate. 0 iday Leave may be transferred to Compensatory Time Off, upon request in ecember only. Payroll must be notified by November I st, 11.3.1 Military Leave will be provided pursuant to City Resolution 65-01 and Military and Veterans Code 395.03 ASSOCIATION executive officers. ASSOCIATION officers, or their des.ignee(s), receive up to a total of forty (40) hours per fiscal year off for attendance at meetings, seminars, etc., on behalf of the ASSOCIATION. At no time may the ASSOCIATION compensatory time account contain more than one hundred (100) accrued hours. The parties agree herewith to retain the option to re -open collective bargaining, with respect to this section 11.4.1, regarding the specific issue of lnitlating a process in which the UNIT members can donate to a time bank for ASSOCIATION business. City of orro day U 2 - 2 20 age leave s a e (CallICU at L11C rate of Cignt nours euen c en ar monL11 01 service. i nere is no limit on the amount of sick leave that may be accumulated by members of this 2.2 ase v1 a tiliz i of ai sic e ve i e race i_ g c le a e , r 1i g backwards 365 days from the date of requestedconversion, employee may convert unused accumulated sick leave i nto paidvacation eve once per fiscal year, pursuant to the formulael . m .25 t .25 to 16 .25 to 25 over 25 .25 .25to2 2 .25 to 30 over 3 0 .25 2 12.25 to 2 2.25 to 3 over 3 • Vacation Leave be eligible for conversion or for any conversion to be authorized. In addition the right i convert alongany • •hours,does notcarry over or rollover fromfiscal ear to fiscal year; failure to request conversion, in any fiscal year, eliminates the right to .o so for that fiscal year, and does not permit employees to aggregate conversion hours in • ' fiscal year. termination, unused accu ulated sick leave retire ant, ay e convene LU additional L1111C, option. ersonnel Rules), where the funeral service will be held in state and five (5) days paid 1 _ _ , _ leave Iti _ • funeral services held out�of�state. The three or five • I shall , regardless •sh*ft length, subject , I maximum of 12 hours • day. Any necessary extra time shall b aken from the employee's accrued sick leave. In cases where sick leave is exhausted, vacation ime shall be charged. Paid leave beyond the initial three or five days is subject to department ki.pproval. E 1 ®RETIF:EENT [4.1 It is the employee's obligation to contribute the employee's contribution to CalPERS. The employee shall pay his/her own contribution by payroll deduction, consistent with the provisions of 414 (h) 2 of the Internal Revenue Code. City of orro day 1� MOU 201 - 22 Page 11 1 or rn memDers,ine cu rentcontriDution ates are /® k..airrirk.3 3UICLYo classic members (Tier ier 2), 11.5% for newmembers (Tier . .2 ective t o first 1paylu1 k.1 10 af er i y ci a r val f a a Contract Ae e rs t to Government Code section 20516 rovi fi g for payment y classic members (Tier 1 & Tier 2) of an additional 1% to CalPERS as costsharing or a total classic employee contribution of 1% and PEPRA members (Tier 3) paying the statutorily mandated employee contribution rate of one half of the total r a cost or 13% of the employer cost, whichever is higher. .. 3 ffective t o first fu aro 1 eri 2 /2 a s J ect t t e sa e conditions rece ent being that the CITY meets the economic thresholds in subsection above, and only after i y Council approval of an additional CalPERSContract Amendment pursuant to GovernmentCoe section 20516 providing for payment by classic members(Tier 1 & Tier 2) of another additional _ % to CalPERS as cost sharing for a total classic employee contribution of I 1 % and PEPRAmembers (Tier 3) paying the statutorily mandated employee contribution rate of one half oft e total normal cost or 1 % of the employer cost, whichever is higher 1.2 The ASSOCIATION understands and agrees that employees bear the risk of payment of any increases in the employee contribution, above the current percentage, made by action of CalPERS or the state legislature. .3 arties agree that CITY payment of CaIPERS contributions are made based upon tax treatment currently permitteci Dy the State Franchise Tax DOarU and the IRS. 14.4 Should current tax treatment change, the ASSOCIATION and the employee shall hold harmless the CITY, its officers and agents, from any and all claims or costs of any type, including, but not limited to, liability for back taxes, arising out of this MOU, o pay part of the employee's CalPERS contribution. Should current tax treatment change, the ASSOCIATION shall have the opportunity to meet and confer, regarding any such changes. 14.5 For Sworn employees, hired prior to September 17, 2011, the CITY agrees to continue to provide CaIPERS Safety employees in this UNIT with a retirement benefit program through the California Public Employees Retirement System (CalPERS) as follows: 3% @ 50 formula (21362.2) Unused Sick Leave Credit (Section 20965) Military Service Credit (Sections 21023.5, 21024 & 21027) Final Compensation 1 Year (Section 20042) 1959 Survivor Benefit, Level (Section 21574) Pre -Retirement Death Benefits (Section 21548 Option 2W & 21551) Retired Death Benefit $500 (Section 21620) City ®f ®rr0 ay A LT 21 - 202 Page 2 lor service ec ion ublic Service Credit for Periods (#j r VvkjljLJL %W/j1jF®yeas, Ire kill U1 a ke/1 e to er 2 1 CL11 t se e U11 U a e January 1, 2013, who meetthe definition of classic member, pursuant to the California Public Employees Pension Reformc 2013 the CITY willprovide the following CalPERS formulaoptional e efts 3% @ 55 formula (21363.1) Unused Sick Leave Credit (Section 20965) Military Service Credit (Sections 21023.5, 21024 & 21027) Final Compensation 3 Year (Section 20037) 1959 Survivor Benefit Level 4 (Section 21574) Pre -Retirement Death Benefits (Section 21548 Option Retired Death Benefit $500 (Section 21620) Prior Service (Section 20055) ublic Service Credit for Periods of Layoff (Section 210 effective January 1, 2013, Sworn em p loyees hired who meet the definition of new member under PEPRA and are not eligible for reciprocity, will be provided the following retirement formula and optional benefits: 4.7.3 MilitaryServiceCredit(Sections21023.5,, 4.7.4 Final compensation 3 Year (Section 20037) • #L - I • / Prior Service (Section 20055) I III MIND Em lo ee onl IIIIIIIo u to $715/month or cost of insurance whichever is less mployee + family IIIIIIIm up to $1,460/month or cost of insurance, whichever is less City ®f OrrO ay tJ 21 - 202 Page 13 15.2.1 During the term of this muU, the CITE' shall offer dental, life and vision insurance, and each employee shall be required to carry both dental, life and vision insurance for self Life Insurance is provided at $50,000 per employee. The following rates are effective January 1, 201 8 : Vision Dental Life Totals Cit�pays EE pates $ 8.73 $ 55.03 $8.15 $ 71.91 $ 68.98 $ 2093 $ 16.40 $152.27 $8.15 $ 176.82 $ 165.07 $11.75 $ 23.34 $152.27 $8.15 $ 183.76 $ 171.55 $12.21 15.3 Any coverage made available to future retirees, beyond COI3 time requirements, shall be paid for by the retiree. 15.4 CITY contributions pursuant to this Article 15.0 shall remain effective through June 3 0, 2019. The CITY and ASSOCIATION agree herewith to retain the option to re -open collective bargaining, with respect to this Article 15, to discuss any health provider rate changes effective in calendar year 2019. 16.1 .O.S.T. CERTIFICATES base salary range and step schedule established for the position classification held by the UNIT member and as specified herein under Article 18, Salaries. range and step schedule established for.theposition classification i by the ASSOCIATION member and as specified herein under Article 18 Salaries. 16.1.3 For Sworn UNIT embers hired on or after January 1, 1998, CITE' agrees to pay $140 per month for P.O.S.T. certificates as follows: Intermediate Advanced F4, City ®f ®rr® day A U 2 1 - 22 age 1 Manual Section 1046, Uniform and Equipment Regulations and Specifications. .2 e l- ire e yeas s 11 receive 1 i o ss e a i receive l i o replacement as needed until the following July I Effective July I after hire, such employees shall commence receiving an annual uniformallowance. 7.3 The following uniform articles are covered by the uniform allowance and mustmeet the department i or standards: a. if is Uniform shirts IIIIIIa g and short sleeves c.Dress belt Ties e .Duty J ace Uniform patches 7. T e CITY agrees to re air or replace any personal article aurae ile on ty, c ig nifo its s s lists above, providing that such a icle is a reasons e necessary part of the employee's attire. R L 8 -SALARIES 8.1 For UNIT members employed as of July 1, 2018, the CITY will pay a one-time, lump sum signing bonus payment of $600 to be paid the next full pay period after City Council approval and adoption of this MOU. The lump sum payment shall not be PE Sable compensation and shall not be treated as off -salary schedule pay as defined under Section 571 of the California Code of Regulations. L8.2 Effective retroactive to the pay period including July 1, 2018 for those employees still rolled into salary for all UNIT classifications and eliminated as a separate pay item per the attached revised salary schedule. City ®f ®rr® ay P ®U 201� - 202 Page �5 18.3 Effective retroactive to the pay period including July 1, 2018 for those employees still employed by the CITY upon City Council adoption of this MOU, the CITY shall provide a Cost of Living Adjustment (COLA) increase to bas by 2%per the attached revised salary schedule. e salaries for all UNIT classification 18.4 Effective the first full payroll period after City Council approval of a Ca1PERS Contract Amendment ° ,the CITY shall provide an additional 1 COLA increase to base salaries for all UNIT classifications. 18.5 Effective July 1, 2019, the CITY shall provide a 2% COLA increase to base salaries for all UNIT classifications with a condition precedent being that the CITY meets the following economic thresholds on three key revenue sources (Property Tax, Sales Tax and TOT) based on 10-year budget forecasts shown below: o Total major General Fund Revenues (Property Tax, Sales Tax and Transient Occupancy Tax) meet or exceed the combined forecasted amount Of $9,395,906 (matches 10-year forecast presented to City Council in February 2017). These figures are based on current tax rates. Increased tax rates would not count towards increased revenue receipts for this purpose (currently 1 % Property Tax, 1.0% CITY Sales Tax, 10% TOT). The revenue projections serving as economic thresholds for purposes of this Section 18.5 are depicted in the following table: o The Ca1PERS investment rate of return (i.e. in FY18-19 does not drob below the ra December 22, 2016, causing General Fund. increase more "Discount Rate") to take effect tes announced by CaIPERS on the CITY's c ontribution to Ca1PERS to than $100,000 beyond the current budgeted amounts for the City of Morro Bay POA MOU 2018 - 2020 Page 16 affectingat require si Yniticant unplanned/ unImsforecasted General Fund penditure(s) of more than $300,000 in a fiscal year, including signi icant atural disasters the CITY. Any such expenditure will be counted a reduction in the combined revenue amount discussed in this section on hich the various conditions are based, resulting either in a lower uployee bonus or reduction in the intended COLA increase to 1% or 0%. 2019 if the CITY determines based on revenues received as of June I 2019 that it is reasonable to assume the combined receipts will meet or exceed the stated thresholds. If meeting the stated threshold is not a reasonable assumption as ot June 1 2019 then the parties agree to wait lor actual receipts to be p osted which are normally by the end of August. If the thresholds are met at the time actual receipts are received, then the CITY agrees to implement the 2% COLA retroactive to July 1, 2019. forecasted amount (i.e. more than $9,322,906). then the COLA will still be 2%� effective July 1, 2019. If total major General Fund Revenues are between $71 000 and $141 000 below the forecasted amount (i.e. between K253N7 $9� 335� 194), then the COLA will be I % effective July 1, 20190 If total major General Fund Revenues are $142,000 or more below the forecasted amount (i.e. less than $9, 253 906), then there will be no COLA effective July 1, 2019. addition to the 2% COLA� 20% of the amount above the forecast amou will be divided equally by the number of fullAime equivalent (FTE employees then working at the CITY and paid to UNIT members in th form of a one�time lump sum payment which shall not be PERSabl compensation and shall not be treated as off�salary schedule pay as definew under Section 571 of the California Code of Regulations. and only after City Council apr City of 1l�orro day P �1 201 � - 202 Page 7 19.2 .. t y ty S efl S t t clrc Sta e c re 1reS a e l yee S assigned to: communication and s .. 19.1.2 Regardless of any hours actually worked, employees on standby shall be compensated for two (2) hours computed at their straight hourly base rate per twenty-four (24) hours of authorized standby time (e.g., 2 hours standby +actual time worked). The twenty-four (24) hours' time period is defined as 0700 hours to 0659 hours the following day. Subject to the maximum accrual provisions of Section 10.2.3, employees may elect to receive two (2) straight time compensatory time on hours in lieu of paid standby compensation. Subject to the maximum accrual provisions ot Section 10.2.3 employees may elec) • "F • • •' •" • • •!` • • 1 tandby compensation. 19.2.1 Call back is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's work shift or work week; except that, an early call in of up to two (2) hours prior to the scheduled start of a work shift shall not constitute a call back; or, employee is required for off -duty court appearance. 19.2.2 Required off -duty court appearance. Employees called back shall receive either a two (2) hour minimum computed at straight hourly base rate or pay for all time City of orro day P ®�J 21 � - 2020 Page 1 � actuany worKea,is ever is greater. An empioyee snan noL receive overiapping . . inimums. .2.JLI einp oyee s a1111kif receive callback ay. .3.ine ter " t® -c ass a sigriment"sal e UC1111CU U) L11U W11-L1111C Per or ce f the significantduties of a vacant, e Sltl in one classification by a n 1v l a classification It a lower compensation range. 19.3.2 If an employee is required to work in an out -of -class assignment for more than fifteen (15) workdays, within a calendar month his/her department head shall, with prior approval of the Administrative Services Director, make an acting appointment. Such acting appointment shall be effective on the sixteenth (16th) workday within a calendar month of the out -of -class assignment. .3. e ployee o a acti g a oft e t s al receive a o e) step increase It In the employee's current classification salary as provide y 's Personnel Mules and Regulations. In the absence of available steps within his/her current range, the employee shall be granted a five percent (5%) increase above is/her current base salary. ervices as an •- - in •. • - • - ! ��, • • •' �-TIQ - tp on the employee's level of bilingual expertise. Qualifications shall be determined by Spanish, One Hundred Fifty dollars ($150) per month stipend shall be available. I 10114MM . .... 11 1 "M NNIUM aMA ompensation will be paid only when acting as FTO. City of ®rr® ay ® 2 - 22 age 9 • JNMMM,A�1 ♦ � ot a permanent promotion to a higherI •Continuation Used on an annual performance evaluation of "Meets Satisfactory Performanc@ as well as at the discretion of the Chief of Police. Senior Police Officers Will Aandards ! the!+ I ot � I, above I for the term of the assignment. WHIP eceiving Senior Officer Assignment pay, employees are not eligible for FTO pay. of c � is i t s ®rat classfic i i i ai stet s i t o al c ass, a naintain the terms and conditions e classification as they existed at the time of their r® t1 ; however, if the incumbents the Corporal classification leave the positions e t promotion,retirement, etc.), the Corporal classificaiton revert to assignments of eni r Officers as provided above. ent promotion to a higher classification. Continuation in the assignment is based on rm e an .,n annual performance evaluation of "Meets Satisfactory Performance Standards" as well s at the discretion of the Chief of Police. Detectives wi be compensated at the rate of r1% above base pay for the term of the assignment, et, u-man o onditions of the classification as they existed at the time of their promotion. When the -.etective assignment ends, the Corporal may be placed into a Senior Officer assignmenr F r *11 *n the Corporal classification with the terms and to onditions of the Corporal classification being maintained. ompensation for being assigned as a Detective. ,; �' ' • • ' . _ 1, . ' . ' t, i 1 � . 1 • � • I, _ • L � _ • _ City ® ®rr® Bay P 20� - 2020 Page 2 worn empioyees in tnis u iN i i winreceive L 0 J 77® 01 Uldse flu U1 y pay iule c UU1 WUr e etween the hours of 7:00 p.m. and 7:00 a.m. vork hourson • • I •e canine care activities.duty time spent on • •er I • anine care tasks shall be considered actual hours worked. These hours will be paid at the • o times a canine care pay orate; ,1 2 C Y agrees to furnish space for 1�S TI i�T�urc ase bulled oards of reasonable size for the posting of J3,33v klII.A1A1.1U1N material. IJocation of such bulletin boards shall e at the Police Station in an area commonly used for briefings or meetings. 2 .2 ASSOCIATION agrees its all not use bulletin boards to ridicule,defame , or harass any CITY employees, officer or agent. Jill 11111 kSSOCIATION agrees to the terms of the Substance A City ® Orr® y P IJ 21 - 22 Wage 21 23.1 The ASSOCIATION agrees that whenever investigation or processing of a grievance is to e transacted durig working hours, only the amount of time necessary to bring about prompt is Sltl the matter will be utilized. It 1S further agreed that the time spent a investigation a r eess g of grieve grievances i t interfere with the normal operation f the department. CITY agrees to provide every reasonable amount of time for the investigation and the processing of a grievance ,but by so agreeing does not imply that the processing r investigation grievance shall toe priority over normal functions the department. designeenvolvement in 4 / rievance investigation or processing shall not be authorized. Time spent n the investigation and processing of grievances will be recorded on a form provided by JTY. Stewards will be permitted reasonable time�off with pay for the investigation and .rocessi however stewards shall first obtain permission from ng of grievances provided, he department head and/or his/her ndue interruption of work or would require the CITY to pay overtime in order to aintain the normal operation of the department. riusiness. CITY shall grant such permission promptly unless such absence would cause an UP ervisor of the nature of his/her business. ?I 'ermission to leave a o b will be grant, he employee involved unless such absence would cause an interruption of work. If the mployee cannot be made available, the steward will seek an alternate time for employee vailability with the department head or supervisor. f costs involved in the handling of employee�initiated actions. Vages, hours of work, and working conditions, and obtain a fair and equitable disposition •& his • . - — C�iy o orro ay Polk ®IJ 201 - 2 2 Page 22 IF mployees in the processing of grievances. I', • • ' I - ' I • 1 ie ASSOCIATION shall furnish the City FAM re rese to Ives MCI Me lists all ue ll resolvet e PLUUICIII WILL I) e111111.11zlof Iate reach resolution the problem. • I-: 11100.11draliffeWl Ir- s Levances only after the employee has tried to rce reS S 1 e acc r a ce It es t1 . - y e e is eet . 2 S agrees of to cause, a torize, a vise, e courage or a ici ate in any interruption of workor any other concerted action. The ter "interruption of work" shall ea any work stoppage o strike (including eco o is and unfair labor practice strikes) or any intentional slow -down of work. The to "other concerted action" includes picketing or boycott activities by the ASSOCIATION. concerted action or use of paid or unpaid leave for these purposes shall subjec employee to disciplinary action, up to and including, discharge. When the City Manager has reason to believe that such leavebeing used as I method of interruptionwork, *11ness the• • employee. , •' • statements I • - required accordance proof of 1 is 2�. is IJ sets flool t e full inil entire understanding o the arties regarding the attars set forth herein, and any of er prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 1111111011 respect to any matter covered herein. 5.3 No agreement, alteration, understanding variation, waiver, or modification of any of th terms or provisions herein shallany mannerbe binding uponpartie hereto - /r- and executed in writing by parties hereto, and if required,approve- by the CITY • -• •;- • - City ®f ®rr® ay A �J 21 � - 202 a.ge 23 constitute a precedent in the future enforcement of all its terms and provisions. y r vs (S re � c tr ry la y c c � t rS Ict , S rovision will not be deemedvalid and subsisting except to the extent permitted by law,1 t o provisions it continue in full force and effect. ac rt as c erate i e ra i g a e at is construction or interpretation to be made of this MOU,the same shall not a y party. •� onstrued against .i •', conferred in • i•'faithon . •hours. and other terms . • conditions of • • for he unit members represented by the ASSOCIATION and have reached agreements which are set when executed by the CITY's labor relations representatives and he ASSOCIATION representatives, • -s a joint recommendation- •after ti ication of the ASSOCIATION membersh*p, to be submitted to the City Council for its letermination and approval by resolution, as the City Council may deem fit and proper. This qOU is of no force or effect unless or until approved and adopted by a resolution of the City we I Ciiy ® ®rr0 a.y �..T 21 - 22 a.ge 2 �; ��1+C)R:�t.Q BA'�' �`EACE �F'FICEF�S' ASSN. �V i l l i a��� �Viar��os, President te�e� Leon �Vf aria Lomeli, of Labor Negotiator plo}gee Represe�zfiat�ti�e quart, Employee Representatiti�e Cit�j of Morro Bay POA MC3U CITY �F IVIORR.� BA.'�' Sc �l ins, City-��i���er �.. ana S��rat��Qn, Cite Cierkl Risk Ma��ager Laurie Gofai�.ia, + alyst 2018 - 2020 Pane % �. MORRO BAY PEACE OFFICERS' A33N0 William Marvos, President Stephen Leonesio, Chief Labor Negotiator Maria Lomeli, �np-royee Representative :.. • Y employee resentative CITY OF 1VIORRO BAY Scc '�`CollinsI City Colin Tanner, Labor Negotiator ana Swanson, City Clerk/ Risk Manager Laurie Analyst City of Morro Bay POA MOU 2018 - 2020 Page 25 -�� ecal Assign ants: et�ctV� Sc 0®1 es0 ce fficer Senior Officer $ 7 $ 1, 3 $ 3 ,3 $ 1 $ $ ,3 57 $ 75 $ 73,15 $ 7 7 $ 5 $ $ 5,77 $ 3 $ 72,8 $ 7 11 $ 7 1 $ 3,12 $ 2,616 $ 65,746 $ 9,034 $ 72,45 $ 76,110 79,915 !, � I'