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HomeMy WebLinkAboutReso 58-22 approving MBPOA TA and MOU (1)RESOLUTION NO. 58-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, APPROVING THE TENTATIVE AGREEMENT FOR AND THE SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY AND THE MORRO BAY PEACE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1 2022 THROUGH JUNE 30, 2024 THE CITY COUNCIL Morro Bay, California WHEREAS, the City of Morro Bay ("City") has, and continues to, recognize the Morro Bay Peace Officers Association (` POA"), as the sole exclusive employee organization representing the City's employees designated as being in the Law Enforcement Unit, including the classifications of Police Officer, Senior Officer and Sergeant, for all matters concerning wages, hours and other terms and conditions of employment; and WHEREAS, the current Memorandum of Understanding ("MOU") between the City and POA ("POA MOU 2021-2022') which was duly approved by the City Council on June 22, 2021 is set to expire on June 30, 2022; and WHEREAS, the City and POA entered into negotiations for a successor MOU covering the period of July 1, 2022 through June 30, 2024; and WHEREAS, the City's labor relations representatives and the POA representatives successfully met and conferred to negotiate both a Tentative Agreement for the successor MOU and also the successor MOU between the parties, pursuant to both the Meyers-Milias-Brown Act ("MMBA") (Gov't Code Section 3500-3511) and the City's Employer -Employee Relations Resolution, Resolution No. 08-17, and have jointly prepared and executed the attached Tentative Agreement ("POA MOU 2022-2024 Tentative Agreement") and the successor MOU between the City and POA, for the period July 1, 2022 through, and including, June 30, 2024 ("POA MOU 2022-2024"), which were ratified by POA on or about June 2, 2022; and WHEREAS, the POA MOU 2022-2024 Tentative Agreement and POA MOU 2022-24 are subject to City Council acceptance and approval, which are made a part hereof by this reference; and WHEREAS, once approved by the City Council, the POA MOU 2022-24 shall become binding agreements between the City and POA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council accepts and approves the POA MOU 2022-2024 Tentative Agreement between the City and POA for the period of July 1, 2022 through, and including, June 30, 2024, a copy of which is attached hereto as Exhibit 1. Section 3. The City Council approves the POA MOU 2022-2024 as the successor MOU between the City and POA for the period of July 1 2022 through, and including, June 30, 2024 a copy of which is attached hereto as Exhibit 2. 01181.0026/799029.1 Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. Section 5. This resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED, by the City Council of the City of Morro Bay, at a regular meeting thereof held on the 28th day of June 2022, by the following vote: AYES' Headding, Addis, Barton, Ford, Heller NOES& None ABSENT: None ABSTAIN: None ATTEST: NA SWANSON, City Clerk JOHN EA DI G. Ma or .s1 17:1frag A s%� Z • :�/ Psi %)‘/L/* • / TENTATIVE AGREEMENT FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MORRO BAY ANI) THE MORRO BAY PEACE OFFICERS' ASSOCIATION (Per Government Code Section 3905.1) The current Memorandum of Understanding (MOU) between the City of Morro Bay (City) and the Morro Bay Peace Officers' Association (MBPOA or Association), Resolution No. 31-21, approved June 22, 2021, covering the period January 1, 2021 through June 30, 2022 (MBPOA MOU 2021-22) expires June 30, 2022. MBPOA currently represents 16 total City employees, including 11 Police Officers (one current vacancy) and 4 Sergeants (one current vacancy) and 1 Administrative Sergeant. MBPOA provided an initial proposal on March 21, 2022, for a successor MOU, and the parties subsequently thereafter began meeting and conferring and exchanging counter proposals. The City and MBPOA, through their respective designated labor representatives, have met and conferred in good faith on wages, hours and other terms and conditions of employment for City Police Officers and Police Sergeants and have reached tentative agreements contingent upon all being adopted together, which are set forth below in this Tentative Agreement for A Successor Memorandum Of Understanding ("Tentative Agreement") covering the period July 1, 2022 through June 30, 2024. Each individual agreement reached below sets forth the nature of that agreement and the Article and/or Section being modified in the prior MBPOA MOU 2021-22. All items affecting compensation within the prior MBPOA MOU 2021-22 not addressed herein are proposed to remain unchanged. The MBPOA membership ratified the terms of this Tentative Agreement on or about June 3, 2022 and the respective parties' labor representatives have signed the Tentative Agreement reflecting their mutual understandings. Accordingly, this Tentative Agreement constitutes a joint recommendation by the labor representatives of both the City and MBPOA to be submitted to the City of Morro Bay City Council ("City Council") for its final determination and approval. California Government Code Section 3505.1 provides: "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding." Therefore, this Tentative Agreement is of no force or effect until approved by the City Council. If the City Council adopts the Tentative Agreement, then the parties shall jointly prepare a written MOU per Government Code Section 3505.1, or such MOU may be concurrently presented to City Council. 1 MBPOA MOU 2022-2024 Tentative Agreement to By MOU Article and Other Article; =No., S.ectiov . . Sobjet ` _ tingMOU ` Exis TentatiyeAgreement" 18.1 Salaries No provision for FY 2022/23 6% COLA Year One shall including to A 1, salaries 2022, a salary the of Cost (COLA) 6.00% pay the for table). of ASSOCIATION CITY period Living (see increase Effective July provide Adjustment base members updated Exhibit 18.2 Salaries No provision for FY 2022/23 Adjustments shall to in Police increase Police shall the receive COLA to to Equity increase, 1% salary classifications a July not in base increase, adjustment compounded equity 1, addition 1, salary 2022, 2022, adjustment Effective Officer a base equity to July classifications 4% Effective Sergeant receive increase the compounded. addition not COLA 18.3 • Salaries No provision for FY 2023/24 4% COLA Year shall including later.] and with to of Two [Delete replace 1 salaries table). 2023, (see existing with B a the to (COLA) the be the for pay of provided provision following all classifications period CITY Living increase B updated Exhibit Effective July provide Adjustment base ASSOCIATION 4.00% salary Cost Exhibit 2 Tentative Agreement re MBPOA MOU 2022-2024 14.1.2 Retirement New Increased Cost Sharing for Tiers 1 & 2 in Year City 1, represented an Tier such 2023/24, to pay 1 the & Two employees 1 employer payroll approval payment but period Ca1PERS Tiei Ca1PERS Amendment % cost in 2 ASSOCIATION Classic s effective shall contribution a Ca1PERS after sooner member the to additional sharing of commencing event contribution make July full the first providing period FY than Contract for 2023. Council no including 14.1.3 Retirement New in Cost Sharing for Reduction PEPRA members in Year Two in FY 2023. offset PEPRA the 2023/24, period by payment pay the contribution contribution represented cost employees 1 a anticipated % providing in period Ca1PERS after the effective no for current PEPRA City toward shall for by employees Contract increased the Ca1PERS be first July the FY To retirement foz reduced than employee employer's represented reduced payroll approval Amendment 2023/24 1, commencing event including Council such of but sooner 15.1 Existing Language HEALTH INSURANCE • ,1y i �ni Q • • • • • • • Employee + family up to $1,46 3 Tentative Agreement re MBPOA MOU 2022-2024 15.1 New Language (current contributions) 15.1.1 Effective July 1, 2022, UNIT employees shall receive a cafeteria plan contribution, mcluding the amount required by Ca1PERS, as follows: Employee only — up to $767/month or cost of insurance, whichever is less Employee + 1 — up to $1,232/month or cost of insurance, whichever is less Employee + family — up to $1,589/month or cost of insurance, whichever is less 15.1.3 Effective 2013, UNIT employees who select plans with an actual cost less than the City contribution are not entitled to cash -back. 15.2 Existing Language DENTAL AND VISION INSURANCE: • • and each employee shall he req oth dental, life and vision insurance for self. Life Insurance is provided at $50,000 per employee. The following rates are effective January 1, 2018: Vision Em$eyee-enly $-- 8 7 Employee + 1 $-16 40 Employee + 2+ $ 23-34 Dental $-55703- �e'q, c Life $8-5 $871-5 $8-14 Totals $-1 8-2 $4-8-3776 City pays $46-5707 $ 171.55 cv• wiipay+� l•-� a F, NA vliuurIS 15.2. New Language (cuiTent contribution) EE pays $--2:9 $475 $12.21 15.2.1 During the term of this MOU, the CITY 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, 2022: Employee only Employee + 1 Employee + 2+ Vision $ 8.29 $ 15.58 $ 22.17 Dental $ 57.81 $159.98 $159.98 Life $8.70 $8.70 $8.70 Totals $ 74.80 $ 184.26 $ 190.85 City pays $ 71.87 $ 172.51 $ 178.64 CITY will pay the remaining premium for dental, life and vision Subject to the foregoing, this Tentative Agreement is hereby executed by the representatives of the City and MBPOA. 4 Tentative Agreement re MBPOA MOU 2022-2024 EE pays $ 2.93 $11.75 $12.21 authorized City of Morro Bay MBPOA Scott • Tins, City Manager Colin `fanner, Labor Negotiator II _ Dana Swanson, ity Clerk/ Zit Manager WL Laurie o I3ui aj Resources Analyst II INTS••-•:&\. William, Marvos, President • tame asabaan, Chief Labor Negotiator 5 Tentative Agreement re MBPOA MOU 2022-2029. ou yee Representative • EXHIBIT A POLICE OFFICER 73,199 76,859 80,702 84,737 88,973 93,422 POLICE DETECTIVE 76,859 80,702 84,737 88,974 93,423 98,094 POLICE SCHOOL RESOURCE OFFICER 76,859 80,702 84,737 88,974 93,423 98,094 POLICE SENIOR OFFICER 76,859 80,702 84,737 88,974 93,423 98,094 POLICE SERGEANT 93,845 98,538 103,465 108,638 114,070 119,773 6 Tentative Agreement re MBPOA MOU 2022-2024 EXHIBIT B POLICE OFFICER 76,127 79,933 83,930 88,126 92,533 97,159 POLICE DETECTIVE 79,933 83,930 88,127 92,533 97,159 102,017 POLICE SCHOOL RESOURCE OFFICER 79,933 83,930 88,127 92,533 97,159 102,017 POLICE SENIOR OFFICER 79,933 83,930 88,127 92,533 97,159 102,017 POLICE SERGEANT 97,599 102,479 107,603 112,983 118,632 124,564 • 7 Tentative Agreement re MBPOA MOU 2022-2024 MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACE OFFICERS ASSOCIATION AND THE CITY OF MORRO BAY • JULY 1, 2022 - JUNE 30, 2024 01181.0026/498023.6 MCH ARTICLE 1- PURPOSE ARTICLE 2 - ARTICLE 3 - ARTICLE 4 - ARTICLE 5 - ARTICLE 6 - ARTICLE 7 ARTICLE 8 - ARTICLE 9 - ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25 ARTICLE 26 ARTICLE 27 ARTICLE 28 Table of Contents 1 MANAGEMENT 1 RECOGNITION 4 ASSOCIATION BUSINESS 4 AUTHORIZED AGENTS 6 ASSOCIATION DUES AND DEDUCTIONS 6 TERM 7 RENEGOTIATIONS 7 ANTI -DISCRIMINATION 7 - WORK SCHEDULE 7 - VACATION/HOLIDAY LEAVE 8 - SICK LEAVE 13 - BEREAVEMENT 13 - RETIREMENT 13 - HEALTH BENEFITS 15 - EDUCATIONAL INCENTIVES 16 - UNIFORMS 16 - SALARIES 17 - SPECIAL PAY PRACTICES 17 - BULLETIN BOARD 21 - PROBATIONARY PERIOD 211 - DRUG AND ALCOHOL TESTING 21 - GRIEVANCE PROCEDURE 21 - NO STRIKE SLOW -DOWN OR OTHER IN 1hRRUPTION TO WORK 223 - FULL UNDERSTANDING, MODIFICATION WAIVER 23 - SEVERABILITY 24 — JOINT DRAFTING 234 — CITY COUNCIL APPROVAL 234 City of Morro Bay POA MOU 2022 - 2024 • Page i MEMORANDUM OF UNDERSTANDING BETWEEN THE MORRO BAY PEACE E OFFICERS' BAY ASSOCIATION TI AND H; CITY 2022 - 2024 ARTICLE 1- PURPOSE WHEREAS, the City of Morro Bay is a municipal corporation, existing under the laws of the State of California as a general law city; and WHEREAS, the City of Morro Bay is limited, insofar as funds are concerned, b ea s e of at fixed tax rate, and in structure because it is a public entity, rather thanprofit-making d WHEREAS, the Morro Bay Peace Officers' Association, Inc, is a California corporation, existing under the laws of the state of California; and WHEREAS, the Morro Bay Peace Officers' Association, Inc , and thealiCty of orro Bay and economical recognize that the mission and the purpose of the City is to provide high-q ty municipal services and facilities to the residents of the City of Morro Bay; THEREFORE, this Memorandum of Understanding, referred to as "MOU' is entered into as of July 1, 2022, between the City of Morro Bay, referred to as `CITY," and the Morro Bay Peace Officers' Association, referred to as ASSOCIATION. It is the intent and purpose of this MOU to assure sound and mutually beneficial working and economic relations and conditions between the parties hereto to provide f orto rene an rde ly and and peaceable method and manner of resolving any differences, misunderstanding, which could arise, and to set forth herein ebasic and otherdterml s and conditionsement of the parties, concerning the pay, wages, hours of employment. ARTICLE 2 - MANAGEMENT 2.1 In order to ensure that the CITY shall continue to carry out its public safety functions, programs, and responsibilities to the public imposed CITY ant n eslaw, and to ntain to reserve lent and pubhc safety service for the citizens of Morro Bay, retain, solely and exclusively all managementrights, b 'law andss of the frequency of use, thoseCITY rights set forth including those right and responsibilities set forthy but not limited to, the in the CITY's Personnel Rules and Regulations, and including, following' 2.1.1 To manage the Police Department, and determine policies and procedures and the right to manage the affairs of the Department. City of Morro Bay POA MOU 2022 - 2024 Page 1 2.1.2 To determine the existence, or nonexistence, of facts which are the basis of the management decision in compliance with State law. 2.1.3 To determine the necessity, organization, implementation, and termination of any service or activity conducted by the CITY or other government jurisdiction, and to expand or diminish police services. 2.1.4 To direct, supervise, recruit, select, hire, evaluate, promote, transfer, discipline, discharge, terminate, demote, reduce, suspend, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees, in accordance with Department or CITY Rules, Regulations, or Ordinances. 2.1.5 To determine the nature, manner, means, extent, type, time, quantity, quality, technology, standard, and level of police services to be provided to the public ' 2.1.6 To require the performance of other public safety services, not specifically stated herein in the event of an emergency or disaster, as deemed necessary by the CITY. 2.1.7. To lay off employees of the Police Department because of lack of work or funds or under conditions where continued work would be inefficient or nonproductive or not cost effective, as determined by the CITY. 2.1.8. To determine and/or change the police facilities, methods, technology, equipment, operations to be performed, organization structure, and allocate or assign work by which the CITY police operations and services are to be conducted. 2.1.9. To determine methods of financing. 2.1.10 To plan, determine, and manage the Department's budget, which includes, but is not limited to, changes in the number of locations and types of operations, processes and matenals to be used in carrying out all Police Department functions, and the right to contract or subcontract any work or operations of the Police Department 2.1.11 To determine the size and composition of the Police Department work force, assign work to employees of the Police Department, in accordance with requirements determined by the Police Department, and to establish and require compliance to work hours and changes to work horns, work schedules, including call back, standby, and overtime, and other work assignments, except as otherwise limited by this MOU, or subsequent MOUs. 2.1.12 To establish and modify goals and objectives, related to productivity and performance programs and standards, including, but not limited to, quality and quantity, and required compliance therewith City of Morro Bay POA MOU 2022 - 2024 Page 2 2.1.13 To determine qualifications, skills, abilities, knowledge, selection procedures and standards, job classification, job specifications, and to reallocate and reclassify employees, in accordance with division and/or CITY Rules and Regulations. 2.1.14 To determine the issues of public policy and the overall goals and objectives of the Pohce Department, and to take necessary action to achieve the goals and objectives of the Police Department. 2.1.15 To hire, transfer infra- or inter -Department, promote, reduce in rank, demote, reallocate terminate, and take other personnel action for non -disciplinary reasons, in accordance with Department and/or CITY Rules, Regulations and Ordinances. 2.1.16 To determine policies, procedures, and standards 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. 2.1.18 To maintain order and efficiency in police facilities and operation. 2.1.19 To restrict the activity of an employee organization on CITY facilities, except as set forth in this MOU. 2.1.20 To take any and all necessary steps and actions to carry out the service requirements and mission of the CITY in emergencies or any other time deemed necessary by the CITY, and not specified above. 2.2 Nothing herein is meant to diminish CITY rights provided by the Government Code. 2.3 Nothing herein is meant to diminish the Public Safety Officers Procedural Bill of Rights Act, as set forth in the Government Code Sections 3300-3313. 2.4 AUTHORITY IF THIRD PARTY NEUTRAL - MANAGEMENT RIGHTS All management rights, powers, authority, and functions, whether heretofore or hereinafter exercised, shall remain vested exclusively with the CITY. No third party neutral shall have the authority to diminish any of the management rights, which are included m this MOU. ARTICLE 3 - RECOGNITION City of Morro Bay POA MOU 2022 - 2024 Page 3 3.1 Pursuant to Resolution No 08-17, the Employer -Employee Relations Resolution of the City of Morro Bay and applicable State law ASSOCIATION was designated by CITY as the representative .of CITY employees in the Law Enforcement Unit (hereafter "UNIT"). The UNIT is comprised of the following classifications: Sergeant Administrative Sergeant Senior Officer Police Officer The term "employee" or "employees," as used herein, shall refer only to the foregoing classifications 3.2 Employees working on a regular basis in a classified position, but less than full-time, shall receive vacation and sick leave accruals on a pro -rated basis commensurate with hours worked. All benefits for new hires, including insurance benefits, will be allocated on a pro -rated basis commensurate with hours worked. 3.3 ELECTRONIC DEPOSIT: All employees shall receive their pay by electronic methods. New hires must present account information for a checking or a savings account with an ACH member financial institution. ARTICLE 4 - ASSOCIATION BUSINESS 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 their 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. It is understood that this time -off provision shall only apply to a maximum of three (3) employees attending any one meeting between the CITY and the ASSOCIATION. Where exceptional circumstances warrant, the City Manager may approve the attendance at such meetings of additional employee representatives. The ASSOCIATION shall whenever practicable submit the names of all employee representatives to the City Manager, or designee, at least two working days m advance of such meetings. Provided further: (1) no employee representative shall leave their duty or work station or assignment, without specific approval of the department head or other authorized CITY management official and (2) any such meeting is subject to scheduling by CITY management, in a manner consistent with operating needs and work schedules. City of Morro Bay POA MOU 2022 - 2024 Page 4 4.2 Nothing provided herein shall limit or restrict CITY management from scheduling such meetings before or after regular CITY or work hours. 4.3 Off -duty employees will not be paid for attending meet and confer sessions, nor will over- time be paid for same. 4.4 The CITY will notify the ASSOCIATION'S designated representative in writing or via email regarding all new hires at least ten (10) days prior to the employee's orientation unless there is an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay penod of the month following the hire of each newly hired employee, the CITY will provide the ASSOCIATION'S designated representative with the new employee's name, job title, department, work location, home mailing address, personal email, and work, home and personal cell phone numbers. The new hire will receive a copy of the MOU with their new employee orientation packet. ASSOCIATION shall be permitted one the l)orientation under the MOU. to talk to new barging unit members to explainrights and benefits The CITY will provide the ASSOCIATION'S designated representative a quarterly hst of all employees in the represented bargaining unit, including the employee's name, job title, department work location, home mailing address, personal email, and work, home and personal cell phone numbers. N with Notwithstanding the foregoing, the CITY wilno provide the cellular telephoneOn berOor, personal home address, home telephone number, personal email address or date of birth of any employee who has made a written request to the CITY regardmg non -disclosure of said information. The parties will mutually agree on a form to use to track said employee information and whether any employee requests that such information not be disclosed. The ASSOCIATION shall indemnify and hold harmless the CITY, its officers agents, and employees from any and all claims, demands, damages, costs, expenses, or hability arising out of this Section 4.4. City of Morro Bay POA MOU 2022 - 2024 Page 5 ARTICLE 5 - AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this MOU: 5.1 The CITY's principal authorized agent shall be the City Manager, or their duly 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 ASSOCIATION's principal authorized representative shall be the President of the Association, or their duly authorized representative (address P. 0 Box 276, Morro Bay, CA 93443). ARTICLE 6 - ASSOCIATION DUES AND DEDUCTIONS 6.1 The ASSOCIATION may request that the CITY deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by 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. Accordmgly, ASSOCIATION membership dues shall be deducted each pay period in accordance with CITY procedures and provisions of apphcable 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 (30) days prior to change to accommodate changes to payroll. ASSOCIATION will pay the costs incurred by the CITY in order to set up the employee's deductions. After initial set up, ASSOCIATION may be charged $5 per employee to make changes to requested dues deductions. 6.2 The ASSOCIATION shall defend and indemnify, and hold harmless, the 'CITY, its officers, agents, and employees from any and all claims, demands, damages, costs, expenses, or liability arising out of this Article. 6.3 DEPOSIT OF DEDUCTIONS It is agreed that the CITY will deposit payroll deductions, made payable to credit unions in which the CITY participates, providing the ASSOCIATION makes arrangements for such services that are acceptable to both members and the CITY under the same conditions as prevails for deductions as set forth above. City of Morro Bay POA MOU 2022 - 2024 Page 6 ARTICLE 7 — TERM Except as otherwise provided herein, the term of this MOU commences on July 1, 2022, and expires, and is otherwise fully terminated, on June 30, 2024. ARTICLE 8 - RENEGOTIATIONS The parties agree to commence renegotiations for a successor MOU in good faith under the provisions outlined by the Meyers-Milias-Brown Act (MMBA). ARTICLE 9 - ANTI-DISCREVIINATION The CITY and ASSOCIATION mutually agree they will not discriminate against employees for the exercise of their rights under the State of California Government Code Section 3502. ARTICLE 10 - WORK SCHEDULE 10.1 Alternative work schedules, in compliance of the Cldiiefof Pohce. LaborFair Standards guarantee of ("FLSA"), may be implemented upon approval 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 allocate additional sworn personnel, vehicles or equipment. All deployment of sworn personnel shall ensure effective and efficient delivery of police protection to the community, sufficient to continue during times of vacation, sick leave, and Department -approved training. 10.2 OVERTIME 10.2.1 Sworn Personnel Overtime shall be all work, authorized by management and actually worked bythe employee, in excess of eighty (80) hours worked in a work period. For the purpose of defining hours worked, vacation leave and holiday leave taken shall count towards time worked, for the purpose of overtime. All overtime, as defined herein, shall be paid at one and one-half (1.5) times the employee's regular rate of pay. NOTE: Hours spent in court under what used to be termed ` Court Appearance Pay" shall be considered and paid as part of this article; except for the "minimum pay," which is now covered under Special Pay Practices. 10.2.2 Compensatory Time Off Effective with the ratification of this MOU Compensatory Time Off (hereinafter `CTO") shall be earned at the overtime rate of one and one-half (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 a oed s. Overtime earned, in excess of the CTO maximum accrual, shall be comp City of Morro Bay POA MOU 2022 - 2024 Page 7 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 m September, as elected by the employee. 10.3 EMERGENCIES 10.3.1 Nothing herein shall be construed to limit or restrict the authority of management to make temporary assignments to different or additional locations, shifts, or duties for the purpose of meeting an emergency. 10.3.2 Such emergency assignments shall not extend beyond the period of said emergency. 10.3.3 Short staffing, caused solely by absences due to employees taking approved paid leave, shall not be considered an. emergency 10.4 SHIFT ROTATION Shift rotation shall coincide with the first day of a pay period. ARTICLE 11 VACATION/HOLIDAY LEAVE NOTE: ALL LEAVE TIME (VACATION, SICK LEAVE, HOLIDAY, ETC.) WILL BE TAKEN OFF ONANHOUR FOR HOUR BASIS EQUALING EMPLOYEE ACTUAL TIME OFF, REGARDLESS OF ACCUMULATION RATES. 11.1 VACATION 11.1.1 The following is a list of vacation annual accrual schedule by years of employment, effective retroactive to July 1, 2016 for those employees still employed by the CITY upon City Council adoption of this successor MOU: SERVICE VACATION YEARS ACCRUAL 1-2 88 hrs 3-4 96 hrs 5 104 hrs 6-7 112 hrs 8-9 120 hrs 10 128 hrs 11-12 136 hrs 13-14 144 his 15 or more 160 hrs City of Morro Bay POA MOU 2022 - 2024 Page 8 UNIT members hired after July 1, 2016 may be credited with years of service based upon prior law enforcement service at other agencies as determined within the sole discretion of the Police Chief and as approved by the City Manager and to be documented in both the recruit's conditionallied to those employees e City's initial hire Personnel Action Form. Retroactive application shall be pp hired on or before the City Council's adoption of this MOU, but there shall be no mcreased retroactive accrual of vacation. Rather the increased accrual only applies starting July 2, 2016. 11.1.2 Employees' vacation accrual will be credited to employee on a pro -rated basis over twenty-six (26) pay periods per year. 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 their preferences for vacation time off during that calendar year. It is agreed that every riods as close rt will t o me embers' sepxefermit r UNIT members to take vacation at a time andp 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. 11.1.4 Effective retroactive to the pay period including July 1, 2016, the maximum amount of vacation accrual will be 280 mho hours eWhen lan employee tooaccrue vacation leave until. accrual limit of 280 hours, the employee the usage of vacation causes the balance to be less than 280 hours. Employees, who have a requested vacation denied or canceled within 60 days prior to reaching the 280 hour accrual maximum, shall, upon request, be given an additional 60 days following reaching the maximum to utilize vacation, prior to ceasing to accrue. 11.1.5 A UNIT employee may exercise an option to convert into cash a 30 maximumdays' once ty (40) hours of accrued vacation leave each fiscal year, upon payroll. Such conversion shall be computed at the employee's current base hourly rate, on an hour -per -hour basis. 11.2 HOLIDAYS 11.2.1 For the purpose of this MOU, the following days are the holidays for the employees m this UNIT: New Year's Day Martin Luther King, Jr. Day Lincoln's Birthday Washington's Birthday Memorial Day Independence Day City of Mono Bay POA MOU 2022 - 2024 January 1 3rd Monday in January February 12 3rd Monday in February Last Monday in May July 4th Page 9 Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Day Christmas Day Day after Christmas Floating Hohday 1st Monday in September November 1 1th 4th Thursday in November Friday after Thanksgiving December 25th December 26th Varies 11.2.2 Effective upon City Council adoption of this MOU, employees who work a holiday listed in 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 m 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 11.21 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 hohday on Sunday shall receive credit under the code Police Holiday Worked for working the actual holiday). 11.2.3 Holidays Proclaimed by Government Officials. It is agreed that when a holiday is proclaimed by the Mayor of the CITY, then each regular member of the UNIT shall be granted compensation m the same number of hours as equivalent to the time -off granted other employees of the CITY. Such time -off shall be selected by the Police Chief. 11.2.4 Accumulated Holiday Leave may be scheduled and taken upon approval of the Police Chief, or their designee. 11.2.5 Employees may accumulate up to a maximum of 116 hours Holiday Leave per year. 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 including 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. NOTE Subject to maximum accrual limits, employee specified amounts of Holiday Leave may be transferred to Compensatory Time Off, upon request in December only. Payroll must be notified by November 1st 11.3 MILITARY LEAVE 11.3.1 Military Leave will be provided pursuant to City Resolution 65-01 and Military and Veterans Code 395.03 City of Morro Bay POA MOU 2022 - 2024 Page 10 11.4 ASSOCIATION LEAVE 11.4.1 UNIT members will be allowed to contributeaccumulated account foro the use holiday, of or vacation time off to a special compensatory ASSOCIATION executive officers. ASSOCIATION officers, or their designee(s), may, subject to all normal approvals and restrictions for tune off requirements, 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 initiatmg a process in w*uch the UNIT members can donate to a time bank for ASSOCIATION business. 11.4.2 Pursuant to Government Code section3505.3, the CITY shall. allow the employee onable time off without loss of compensation Stewards of the ASSOCIATION a reaso nable or other benefits when they are participating in any one of the following activities: (a) Formally meeting and conferring with representatives of the CITY on matters within the scope of representation; (b) Testifying or appearing as the designated representative of the ASSOCIATION in conferences, hearings m other r mattersproceedings relatre the Public ing to a charge Employment Relations Board, or an agentthereof, filed by the ASSOCIATION against the CITY or by the CITY against the ASSOCIATION; and (c) Testifying or appearing as the designated representative of the ASSOCIATION in matters before a personnel or merit commission or similar administrative hearing. 11.4.3 Pursuant to Government Code section 3558.8, the CITY shall grant to employee Stewards of the ASSOCIATION, upon written request of the ASSOCIATION, reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or representatives or officers of the exclusive representative or of any statewide de or national employee organization with which the ASSOCIATION is affiliated. (a) The ASSOCIATION shall reimburse thel ASSOCIATIONshall be mn paid ade on o� the employee on leave. Reimbursement by ye before thirty (30) days after receipt of the CITY's certification of payment of compensation to the employee. City of Morro Bay POA MOU 2022 - 2024 • Page 11 (b) At the conclusion or termination of leave granted under this section, the employee shall have a right of reinstatement to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification. (c) The ASSOCIATION has no obligation to use leave under this section for an employee and may terminate that leave at any time, for any reason. The CITY reserves the right to recall any employee on leave pursuant to these sections due to an emergency 11.4.4 Compensation — Compensation for release time shall not exceed the employee Stewards' standard schedule of hours per day and shall not include compensation for overtime. Compensation shall include retirement fund contributions required of the CITY as an employer. The employee shall earn full service credit during the leave of absence and shall pay their member contributions. The leave of absence without loss of, compensation or other benefits provided for by this section is in addition to the release time without loss of compensation or other benefits granted to representatives of the ASSOCIATION under applicable laws or this MOU. 11.4.5 Written Notice — Pursuant to Government Code sections 3505.3 and 3558.5, for leave requests for three consecutive days or less, the ASSOCIATION shall submit a written request to the employee Steward's Department Head at least seven (7) days in advance of the requested leave of absence For leave requests of greater than three consecutive days, the ASSOCIATION shall submit their written request at least thirty (30) calendar days in advance of the requested leave of absence The written request shall include the purpose, dates, and duration of the requested leave. 11.4.6 Approval or Denial of Leave — A request for leave of absence may be granted on a full-time part-time periodic, or intermittent basis and will be approved if it does not substantially interfere with the performance of CITY services and operations. If leave is denied, the Department Head shall provide the ASSOCIATION with written notification of the reasons why the requested leave is demed. If granting the requested leave would create an operational hardship for the CITY, the parties agree to meet and confer regarding the requested leave in order to identify mutually acceptable alternative dates or amount of leave. 11.4.7 Reporting — The ASSOCIATION or the employee shall be required to execute any payroll forms, certifications of time, or other documents as required by the CITY to ensure that the time reporting is accurate and that the employee is performing the duties of a steward or officer or representative of the ASSOCIATION during all reported working hours. 11.4.8 Indemnification— The CITY shall not be liable for an act or omission of, or an mjury suffered by, an employee of the CITY if that act, omission, or injury occurs during the course and scope of the employee's leave under this section to work for the ASSOCIATION. If the CITY is held liable for such an act, omission, or injury, the City of Morro Bay POA MOU 2022 - 2024 Page 12 ASSOCIATION shall indemnify and hold harmless the CITY. ARTICLE 12 - SICK LEAVE 12.1 Sick leave shall be earned at the rate of eight hours aceach cadlatndar month of d by members of this UNIT. ce. There is no limit on the amount of sick leave that may be accumulated lendar year rolling 12.2 Based on individual utilization of paid sick leaveconversie on,eceding loyeeamay convert unused backwards 365 days from the date of requested c employee accumulated sick leave into paid vacation leave once per fiscal year, pursuant to the formula below: 8 Hour Schedule 0 .25 to 8 8.25 to 16 16.25 to 25 over 25 10 Hour Schedule 0 25 to 10 10.25to20 20.25 to 30 over 30 12 Hour Schedule 0 .25 to 12 12.25 to 24 24.25 to 36 over 36 Maximum Conversion To Vacation Leave 48 hours 36 hours 24 hours 12 hours 0 hours At least 160 accrued hours must remain in employee's sick leave bank for any employee to be eligible for conversion, or for any conversion to be authorized. In addition, the right to convert along with any conversion hours, does not carry over or rollover from fiscal year to fiscal year, failure to request conversion, in any fiscal year, eliminates the right to do so for that fiscal year, and does not permit employees to aggregate conversion hours in any other fiscal year. 12.3 At termination, unused accumulated n� �eave is not as provided by the PERS;sick leave option. , upon retirement, may be converted to ARTICLE 13 - BEREAVEMENT Employees shall be permitted to utilize three (3) clays of paid bereavement leave per occurrence, m the case of the death of members of the employee'simmediate 5 days paid ly (as defined l eavn the Personnel erso for Rules) where the funeral service will be held in state ( ) funeral services held out-of-state. The three or five days she shalle rebe regardless of fromfrtle employee's subj to a maximum of 12 hours per day. Any necessary extra accrued sick leave. In cases where sick leave is exhausted, vacation time shall be charged. Paid leave beyond the initial three or five days is subject to department approval. ARTICLE 14 - RETIREMENT 14.1 It is the employee's obligation to contribute theemployee's deduction, consistent toiCalPERS. The the employee shall pay their own contributionby payroll provisions of 414 (h) 2 of the Internal Revenue Code. City of Morro Bay POA MOU 2022 - 2024 Page 13 14.1.1 Effective October 19, 2019, Tier 1 and Tier 2 members of the ASSOCIATION shall contribute 2% to Ca1PERS as cost sharing for a total classic employee contribution of 11% and PEPRA members (Tier 3) shall pay the statutorily mandated employee contribution rate of one half the total normal cost or 14% of the employer cost, whichever is higher. 14.1.2 Effective no sooner than the pay period including July 1, 2023, Ca1PERS Classic Member Tier 1 & 2 members of the ASSOCIATION shall make an additional 1% cost sharing contribution to the employer's contribution to Ca1PERS. 14.1.3 Effective no sooner than the pay period including July 1, 2023, the cost sharing for CalPERS PEPRA members of the ASSOCIATION toward the employer's cost shall be reduced by 1%. 14.2 The ASSOCIATION understands and agrees that employees bear the risk of payment of any increases m the employee contribution, above the current percentage, made by action of Ca1PERS or the state legislature 14.3 Parties agree that CITY payment of CalPERS contributions are made based upon tax treatment currently permitted by the State Franchise Tax Board 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 lim ted to, liability for back taxes, arising out of this MOU, to pay part of the employee s Ca1PERS contribution. Should current tax treatment change, the ASSOCIATION shall have the opportumty 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 CalPERS Safety employees in this UNIT with a retirement benefit program through the California Public Employees Retirement System (Ca1PERS) as follows: 14.5.1 3% @ 50 formula (21362.2) 14.5.2 Unused Sick Leave Credit (Section 20965) 14.5.3 Military Service Credit (Sections 21023.5, 21024 & 21027) 14.5.4 Final Compensation 1 Year (Section 20042) 14.5.5 1959 Survivor Benefit, Level 4 (Section 21574) 14.5.6 Pre -Retirement Death Benefits (Section 21548 Option 2W & 21551) 14.5.7 Retired Death Benefit $500 (Section 21620) 14.5.8 Prior service (Section 20055) 14.5.9 Public Service Credit for Periods of Layoff (Section 21022) 14.6 For Sworn employees, hired on or after September 17, 2011, and those hired on or after January 1, 2013, who meet the definition of classic member pursuant to the California Public Employees Pension Reform Act of 2013 (PEPRA), the CITY will provide the following CalPERS formula and optional benefits City of Morro Bay POA MOU 2022 - 2024 Page 14 14.6.1 14.6.2 14.6.3 14.6.4 14.6.5 14.6.6 14.6.7 14.6.8 14.6.9 14.7 Pursuant to the California Public Employees' Pension Reform. Act of 2013 (PEPRA), effective January 1, 2013, Sworn employees lured, who meet the definition of new member em under PEPRA and are not eligible for reciprocity, will be provided the following nt formula and optional benefits: 14.7.1 2.7% @ 57 formula (Section 7522.25(d)) 14.7.2 Unused Sick Leave Credit (Section 20965) 14.7.3 Military Service Credit (Sections 21023.5, 21024 & 21027) 14.7.4 Final compensation 3 Year (Section 20037) 14.7.5 1959 Survivor Benefit Level 4 (Section. 21574) 14.7.6 Pre -Retirement Death Benefits (So121548 U 48 Option 2W and 21551) 14.7.7 Retired Death Benefit $500 (Section) 14.7.8 Prior Service (Section 20055) 14.7.9 Public Service Credit for Periods of Layoff (Section 21022) ARTICLE 15 — HEALTH BENEFITS 15.1 HEALTH INSURANCE 15.1.1 Effective January 1, 2022, UNIT employees shall receive a cafeteria plan contribution, including the amount required by CalPERS, as follows: Employee only — up to $767/month or cost of insurance, whichever is less Employee + 1 up to $1,232/month or cost of insurance, whichever is less Employee + family — up to $1,589/month or cost of insurance, whichever is less 15.2 DENTAL AND VISION INSURANCE: 15.2.1 During the term of this MOU, the CITY 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 followmg rates are effective January 1, 2022: Vision Dental Life Totals ci_Vsan EE pays Employee only $8.29 $57.81 $8.70 06 $172.51 $11.$71.87 $ �5 Employee + 1 $15.58 $159.98 $8.70 $184 3% @ 55 formula (21363.1) Unused Sick Leave Credit (Section 20965) Mihtary Service Credit (SSaercts ns 21023.5,n 21024 & 21027) Final Compensation 3 Y 1959 Survivor Benefit Level 4 (Section 21574) Pre -Retirement Death Benefits (Section 48 Option 2W and 21551) Retired Death Benefit $500 (Section 21620) Prior Service (Section 20055) Public Service Credit for periods of Layoff (Section 21022) POA MOU 2022 - 2024 City of Morro Bay Page 15 Employee + 2+ $22.17 $159.98 $8.70 $190.85 $178.64 $12.21 CITY will pay the remaining premium for dental, life and vision. 15.3 Any coverage made available to future retirees, beyond COBRA time requirements, shall be paid for by the retiree. 15.4 CITY contributions pursuant to this Article 15.0 shall remain effective through June 30, 2024. The CITY and ASSOCIATION agree herewith to retain the option to re -open collective bargaming, with respect to this Article 15, to discuss any health provider rate changes effective January 1, 2024. ARTICLE 16 —EDUCATIONAL INCENTIVES 16.1 P.O.S.T. CERTIFICATES 16.1.1 For UNIT members possessing the Intermediate P.O.S.T. Certificate, CITY agrees to pay $230.00 per month. 16.1.2 For UNIT members possessing the Advanced P.O.S.T. Certificate, CITY agrees to pay $230 00 per month. 16.1.3 For Police Sergeants possessing the Supervisory or Management P.O.S.T. Certificate, or equivalent as determined by the Police Chief, CITY agrees to pay $140.00 per month. 16.1.4 The maximum incentive pay for qualifying UNIT members is $600 per month. • ARTICLE 17 — UNIFORMS 17.1 Uniforms for employees shall be as set forth in Morro Bay Police Department Policy Manual Section 1046, Uniform and Equipment Regulations and Specifications. 17.2 Newly -hired employees shall receive a full uniform issue and will receive full 1 niform replacement as needed until the following July 1. Effective July 1 after hire, such employees shall commence receiving an annual uniform allowance. 17.3 The following nnifonu articles are covered by the uniform allowance and must meet the department uniform standards: a. Uniform pants b. Uniform shirts — long and short sleeves c. Dress belt d. Ties e. Duty jacket f. Uniform patches City of Morro Bay POA MOU 2022 - 2024 Page 16 17.4 All maintenance, tailoring and other alterations will be at the employee's expense. 17.5 All optional equupment will be the responsibihty of the employee. 17.6 All safetyequipment originally issued and replaced by the department remains the Department's property. 17.7 The annual uniform allowance will be as follows: Sworn officers: $ 1,150 17.8 The CITY agrees to repair or replace any personal article damaged while on duty, including uniform items as listed above, providing that such article is a reasonable and necessary part of the employee's attire. ARTICLE 18 — SALARIES Effective the pay period including July 1, 2022, the CITY shall provide a cost of living 18.1 to base salaries for all UNIT classifications of six percent adjustment (COLA) increase (6%) (see (Exhibit A updated salary table). Effective the pay period including July 1, 2022, Police Officer classifications shall receive 18.2 adjustment increase to base salary in addition to the COLA a one percent (1%) equity J increase, not compounded, provided in Section 18.1. Effective the pay period including July. 1, 2022, Police Sergeant classifications shall receive four percent (4%) equity ui adjustment increase to base salary in addition to the COLA increase, not compounded, provided in Section. 18.1. 18.3 Effective the pay period including July 1, 2023,. the CITY shall provide a COLA increase percent (4%)(see Exhibit B updated to base salaries for all UNIT classificationsch�ng described in Section 14.1 being salary table) contingent upon the implemented. ARTICLE 19 - SPECIAL PAY PRACTICES 19.1 STANDBY 19.1.1 Standby duty is defined as that circumstance which requires an employee so assigned to: 1. Be ready to respond immediately to a call for service; 2. Be readily available at all hours by telephone or other agreed -upon communication equipment; and City of Morro Bay POA MOU 2022 - 2024 Page 17 3. Refrain from activities which might impair their assigned duties upon call. The parties agree that employees on standby as defined above, are "waitmg to be engaged." 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 followmg day. Subject to the maximum accrual provisions of Section 10.2.3, employees may elect to receive two (2) straight time compensatory time off hours in lieu of paid standby compensation. 19.1.3 Court standby — Employees on court standby will receive two (2) hours computed at their straight hourly base rate to be available for court callback on off duty days Subject to the maximum accrual provisions of Section 10.2 3 employees may elect to receive two (2) straight time compensatory time off hours in lieu of court standby compensation. 19.2 CALL BACK 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 actually worked, whichever is greater. An employee shall not receive overlapping minimums. 19.2.3 An employee shall not receive standby pay for the same hours they received callback pay. 19.3 OUT OF CLASS ASSIGNMENT 19.3.1 The term "out -of -class assignment' shall be defined as the full-time performance of the significant duties of a vacant, funded position in one classification by an mdividual in a classification with a lower compensation range. City of Mono Bay POA MOU 2022 - 2024 Page 18 • 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 their department head shappall, enwith prior approval of the Aclmnustrative Services lthirector, make an gkday within a Such acting appointment shall be effective on the sixteenth (16th) wo calendar month of the out -of -class assignment. 19.3.3 An employee on an acting appointment shall receive a one (1) step increase within the employee's current classification salary as provided by CITY' s Personnel Rules and Regulations. In the absence of available astepin� we ithintheir their currenturrent e, the base employee shall be granted a five percent (5%) salary. 19.4 BILINGUAL PAY Qualified employees who possess the necessary ability and who are assigned to perform services as an interpreter in Spanish, shall be eligible shall be deterby the CITY. nd depending upon the employee's level of bilingual expertise Qualifications 19.5.1 For those employees who conduct conversational assistance ale i Spanish on a regular basis, seventy-five dollars ($75) per month stipend is 19.5.2 For those employees who interpret and for those persplain legal ons who speak only conduct conversational assistance, and write documents Spanish, One Hundred Fifty dollars ($150) per month stipend shall be available. 19.5 FIELD TRAINING OFFICER (PTO) ASSIGNMENT PAY hie Individuals, in the classification of Police Officer formally ,fie ratef sio5% f base hod a trainee by theyC a of of Police, or their designee shall be compensated r. Compensation will be paid only when acting as FTO. 19.6 SENIOR OFFICER ASSIGNMENT PAY Up to four (4) individuals may be assigned as Senior ConPolice Otian in the asssisgnment ist tbased is not a permanent promotion to a higher classification. tinua on an annual performance evaluation of ` Meets Satisfactory Performance Standards," as well as at the discretion of the Chief of Police. Senior Police Officerrsshwi wilill be compensated ving assignment. at the rate of 5% above base pay for the term of the Officer Assignment pay, employees are not eligible for FTO pay. Incumbents in the Corporal classification will maintainthey in the enitted atorporthe altuelase os, and maintain the terms and conditions of the classificationas y ir promotion; however, if the incumbents in the Corporalclassification revert toassification vassie ngnmee positions is of (due to promotion, retirement, etc.), the Corporal Senior Officers as provided above. City of Morro Bay POA MOU 2022 - 2024 Page 19 No individual may be concurrently assigned as both a Senior Officer and Detective. 19.7 DETECTIVE ASSIGNMENT PAY Up to two individuals may be assigned as Detectives. The Detective assignment is not a permanent promotion to a higher classification. Continuation in the assignment is based on an annual performance evaluation of "Meets Satisfactory Performance Standards" as well as at the discretion of the Chief of Police. Detectives will be compensated at the rate of 5% above base pay for the term of the assignment. Incumbent Corporals may apply for, and be appointed to the Detective assignment. If appointed Corporals will maintain status in the Corporal class and maintain the terms and conditions of the classification as they existed at the time of their promotion. When the Detective assignment ends, the Corporal may be placed into a Senior Officer assignment or a regular officer position still in the Corporal classification with the terms and conditions of the Corporal classification being maintained. Any individual concurrently assigned as both a Corporal and Detective shall for compensation pay purposes only receive the Corporal salary and no additional compensation for being assigned as a Detective. 19.7.1 SCHOOL RESOURCE OFFICER (SRO) ASSIGNMENT PAY The SRO assignment is not a permanent promotion to a higher classification. Continuation in the assignment is based on an annual performance evaluation of "Meets Satisfactory Performance Standards," as well as at the discretion of the Chief of Police. SRO will be compensated at the rate of 5% above base pay for the term of the assignment, and will be responsible for juvenile investigations, as assigned. 19.8 NIGHT SHIFT DIFFERENTIAL Sworn employees in this UNIT will receive 2.5% of base hourly pay for each hour worked between the hours of 7:00 p.m. and 7:00 a.m. 19.9 CANINE CARE PAY An employee who is assigned a City canine, as part of a drug detection search program or a service dog program, and who boards the canine at their home, shall be paid $13.50 per hour (hereinafter the "canine care pay rate") for all time the employee spends outside of regular work hours on the care of the assigned canine Compensable canine care activities include feeding, grooming, exercismg, cleaning up, obtaining veterinarian services or caring for any injuries, and shall not include other time spent with the canine (e.g., commute time, as a family pet, etc.). Employees subject to this provision, shall not receive on -call pay or call back pay for any time spent in the care of the assigned canine. the residence of the employee, assigned a City canine, shall not constitute the employee's work place. Travel City of Morro Bay POA MOU 2022 - 2024 Page 20 (commute) time, from the employee's home to the assigned work site, or from the assigned work site to the employee's home, with the canine, shall not be considered time worked or care of the canine. It is estimated and agreed that the officers spend one-half hour per day outside of regular work hours on compensable canine care activities. Off duty time spent on compensable canine care tasks shall be considered actual hours worked These hours will be paid at the rate of 1.5 times the canine care pay rate ($20.25). ARTICLE 20 - BULLETIN BOARD 20.1 CITY agrees to furnish space for ASSOCIATION -purchased bulletin boards of reasonable size for the posting of ASSOCIATION matenal Location of such bulletin boards shall be at the Police Station m an area commonly used for briefings or meetings. 20.2 ASSOCIATION agrees it shall not use bulletin boards to ridicule, defame, or harass any CITY employees, officer or agent. ARTICLE 21- PROBATIONARY PERIOD The probationary period for new officers and lateral hires shall be 12 months. ARTICLE 22 - DRUG AND ALCOHOL TESTING ASSOCIATION agrees to .the terms of the Substance Abuse and Testing Policy adopted by the Morro Bay City Council pursuant to Resolution. No. 14-99. ARTICLE 23 - GRIEVANCE PROCEDURE 23.1 The ASSOCIATION agrees that whenever investigation or processing of a grievance is to be transacted during working hours, only the amount of time necessary to bring about a prompt disposition of the matter will be utilized It is further agreed that the time spent on an investigation and processing of grievances will not interfere with the normal operation of 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 or investigation of a grievance shall take priority over normal functions of the department. CITY further agrees that any payment of overtime arising because of UNIT personnel's involvement in grievance investigation or processing shall not be authorized. Time spent on the investigation and processing of grievances will be recorded on a form provided by CITY. Stewards will be permitted reasonable time -off with pay for the investigation and processing of grievances provided, however, stewards shall first obtain permission from the department head and/or their designee and inform him/her of the nature of their business. CITY shall grant such permission promptly unless such absence would cause an undue mterruption of work or would require the CITY to pay overtime in order to maintain the normal operation of the department. City of Morro Bay POA MOU 2022 - 2024 Page 21 Upon entering the work location, the steward shall inform the department head and supervisor of the nature of their business. Permission to leave a job will be granted to the employee involved unless such absence would cause an interruption of work. If the employee cannot be made available, the steward will seek an alternate time for employee availability with the department head or supervisor. It is agreed that m some instances the investigation and processing of a grievance may be accomplished on the employee's time. This MOU is in recognition of the mutual sharing of costs involved in the handling of employee -initiated actions. 23.2 PURPOSE The primary purpose of this procedure shall be to provide a means whereby an employee, without jeopardizing his employment, can express a personal grievance relatmg to his wages, hours of work, and working conditions, and obtain a fair and equitable disposition of his grievance. 23.3 ASSOCIATION REPRESENTATIVE The CITY agrees that the ASSOCIATION may designate a representative to represent employees in the processing of grievances The ASSOCIATION shall furnish the City Manager with a wiitten list identifying by name and work location all regular and alternate representatives and the list shall be kept current by the ASSOCIATION at all times. The representatives are to begin investigating grievances only after the employee has tried to resolve the problem with their immediate supervisor and the two parties have failed to reach resolution of the problem. 23.4 PROCEDURE Procedures shall be in accordance with Resolution No. 07-17 and any amendments thereto. ARTICLE 24 - NO STRIKE, SLOW -DOWN OR OTHER INTERRUPTION TO WORK 24.1 ASSOCIATION agrees not to cause, authorize, advise, encourage or participate in any interruption of work or any other concerted action. The term "interruption of work" shall mean any work stoppage or strike (including economrc and unfair labor practice strikes) or any intentional slow -down of work The term "other concerted action" includes picketing or boycott activities by the ASSOCIATION. 24.2 Participation by any employee in any activity resulting in interruption of work or other concerted action or use of paid or unpaid leave for these purposes shall subject employee to disciplinary action, up to and including, discharge. When the City Manager has reason to believe that such leave is being used as a method of interruption work, the burden of proof of illness is upon the employee Doctor's statements can be reqi fired in accordance with Resolution No. 07-17, Personnel Rules & Regulations, Section 10B. City of Morro Bay POA MOU 2022 - 2024 Page 22 ARTICLE 25 - FULL UNDERSTANDING MODIFICATION WAIVER 25.1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth. herein, and any prior other or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. 25.2 It is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right to negotiate, and agrees that the other party shall not be required to negotiate, with respect to any matter covered herein. Bement, alteration, understanding variation, waiver, or modification of any of the 25.3 No agreement, upon the parties hereto terms or provisions contained herein shall in any manner be bmdingqapproved byhereto unless made and executed in writing by all parties hereto, and if re cared, app the CITY and ratified by the membership of the ASSOCIATION 25.4 The waiver of any breach of any term, or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ARTICLE 26 - SEVERABILITY to law If any provision(s) are held to be contrary by a court of competent jurisdiction, such provision will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. ARTICLE 27. — JOINT DRAFTING Each party has cooperated in the drafting and preparation of this MOU. Hence, in any legal construction or interpretation to be made of this MOU, the same shall not be construed against any party. ARTICLE 28 — CITY COUNCIL APPROVAL The CITY's labor relations representatives and the ASSOCIATION'S of employment for the unit have met and conferred in good faith on wages, hours and other terms and o members represented by the ASSOCIATION and have reached agreements which are set forth in this MOU. This MOU, when executed by the CITY's laborrelations la�e�fre representatives ese t tives and ratification ASSOCIATION representatives, constitutes a joint recommendation the ASSOCIATION membership, to be submitted to the City Council for its determination and approval by resolution, as the City Council may deem fit d proper. e. This MOU is of no force or effect unless or until approved and adopted by a resolutionCity [SIGNATURES ON NEXT PAGE] City of Morro Bay POA MOU 2022 - 2024 Page 23 MORItO BAY PEACE OFFICERS' ASSN. • William Marvos, President • • ye e epresentative CITY OF MORRO BAY Sco e _ ns, City Manager Colin Tanner; Labor Negotiator 6.44-5 ana Swanson, City Clerk/ I-IR Manager • - ir► � s 1 - um:• =sources Analyst II Ltur'a oorth , • • City of Mono Bay POA MOTJ 2022 n 2024 Page 24 ATTACHMENT A • POLICE SALARY SCHEDULE EFFECTIVE JULY 1, 2022 _2 3 4 5 POSITION Administrative Sergeant 93,845 98,538 103,465 108,638 114,070 119,773 Sergeant Special Assignments: 76,859 80,702 84,737 88,974 93,423 98,094 Detective School Resource Officer Senior Officer Police Officer 73,199 76,859 80,702 84,737 88,973 93,422 - City of Morro Bay POA MOU 2022 2024 Page 25 POSITION ATTACHMENT B POLICE SALARY SCHEDULE EFFECTIVE JULY 1, 2023 1 2 3 4 5 6 Sergeant Administrative Sergeant Special Assignments: Detective School Resource Officer Senior Officer Police Officer 97,599 79,933 76,127 102,479 83,930 79,933 107,603 88,127 112,983 92,533 118,632 97,159 83,930 88,126 92,533 124,564 102,017 97,159 • City of Morro Bay POA MOU 2022 - 2024 Page 26