HomeMy WebLinkAboutContract 1296-3 Cathedral City
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CATHEDRAL CITY
AND
CATHEDRAL CITY POLICE OFFICER'S ASSOCIATION
(CCPOA)
July 1, 2016 — December 31, 2019
Table of Contents
CCPOA MOU
July 2016—December 2019
ARTICLE 1 5
SUPERSEDES PERSONNEL RULES 5
ARTICLE 2 5
MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION 5
ARTICLE 3 6
SEVERABILITY 6
ARTICLE 4 6
STRIKES AND/OR JOB ACTIONS 6
ARTICLE 5 6
COMPENSATORY TIME OFF 6
ARTICLE 6 6
PERS OPTION 6
ARTICLE 7 7
TERM 7
ARTICLE 8 7
SALARY INCREASES 7
ARTICLE 9 7
GENERAL PROVISIONS 7
9.1 Equal Employment Opportunity 7
9.2 Domestic Partnership. 7
9.3 Safety and Health 7
9.4 Employee Activities 7
9.5 Inconsistent Employee Activities 8
9.6 POA Board Member Release Time. 8
9.7 Improper Use of City Equipment Prohibited. 8
9.8 Political Activity. 8
9.9 Smoking 8
ARTICLE 10 9
MANAGEMENT RIGHTS 9
10.1 Exclusive Control of Certain Aspects 9
10.2 Not Subject to Grievance Procedures. 9
ARTICLE 11 10
COMPENSATION 10
11.1 Salary Advancement—Full-time Employees 10
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11.2 Salary on Demotion 10
11.3 Salary on Reinstatement 10
11.4 Special Salary Adjustments 11
11.5 Overtime. 11
11.6 Other Paid Time Off 11
11.7 Assignment Differential 11
11.8 Compensation for Layoff 12
11.9 Compensation during Suspension 12
11.10 Salary on Voluntary Demotion 12
11.11 Compensation for Temporary Assignment to Higher Classification 12
11.12 Bilingual Services Bonus Compensation 12
11.13 Compensation for Vehicle Use 12
11.14 Restitution 12
11.15 Correcting Errors in Salary Rate and Other Provisions 13
11.16 Court Appearance Time 13
11.17 P.O.S.T. Certification 13
11.18 Longevity 13
ARTICLE 12 13
RECRUITMENT& SELECTION 13
12.1 Physical Requirements 13
12.2 Separation 14
12.3 Voluntary Demotion 14
12.4 Industrial Appointments 14
12.5 Long Term Illness Appointments 14
ARTICLE 13 14
PROBATION 14
13.1 Sworn Police Employees Probation 14
13.2 Probation on Reinstatement 15
13.3 Objective of Probationary Period 15
13.4 Satisfactory Completion of Probation Period 15
13.5 Unsuccessful Probation Period 15
13.6 Probation Following Layoff 15
ARTICLE 14 15
EMPLOYEE LAYOFF PROCEDURES 15
14.1 Purpose of Layoffs 15
14.2 Abolishment of Position(s). 15
14.3 Bargaining Unit Notification 16
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14.4 Layoff Appeal 16
ARTICLE 15 16
DISCIPLINARY AND APPEALS PROCEDURES 16
15.1 Standards of Conduct 16
15.2 Improper Employee Conduct 16
15.3 Disciplinary Process 17
15.4 Hearings,Appeals and Grievances 19
ARTICLE 16 21
ATTENDANCE AND LEAVES 21
16.1 Attendance at Work: Absence without Leave 21
16.2 Deemed Resignation 21
16.3 Hours of Work 21
16.4 Work Week 22
16.5 Leave of Absence 22
16.6 Military Duty 22
16.7 Vacation Leave 22
16.8 Holidays 23
16.9 Jury Duty 24
16.10 Bereavement Leave 24
16.11 Family Medical Leave 24
16.12 Sick Leave 24
16.13 Subpoenaed Absence—Sworn Pubic Safety Personnel 25
16.14 Unauthorized Leave 26
16.15 Catastrophic Leave Donation 26
ARTICLE 17 27
GRIEVANCE PROCEDURE 27
17.1 Matters Subject to Grievance Procedures 27
17.2 Informal Grievance Procedure 27
17.3 Formal Grievance Procedure 27
17.4 Appeal Procedures 27
17.5 Extension of Time Limitations 27
ARTICLE 18 28
EMPLOYEE REPORTS AND RECORDS 28
18.1 Personnel File 28
18.2 Disclosure of Information 28
ARTICLE 19 28
EDUCATION INCENTIVE 28
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ARTICLE 20 28
FRINGE BENEFITS 28
20.1 Insurance Plan 28
20.2 Public Employees Retirement System 29
20.3 Uniform/Equipment Allowance 29
20.4 Deferred Compensation 29
20.5 Short Term and Long Term Disability Income 29
20.6 Retiree Health Insurance 29
20.7 Officer Killed in the Line of Duty 30
20.8 Personal Security 30
ARTICLE 21 30
SHIFT SELECTION; WORK SCHEDULING 30
21.1 Alternate Work Schedule 30
21.2 Longevity Pool 31
ARTICLE 22 32
AGREEMENT ALL INCLUSIVE 32
FAMILY CARE AND MEDICAL LEAVE POLICY
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Memorandum of Understanding between the City of Cathedral City and the Cathedral City Police
Officer's Association(CCPOA)relating to all full-time sworn police officers below the rank of Sergeant.
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Cathedral City Police Officers Association is recognized under the provisions of the
Meyers-Milias-Brown Act of the State of California as the majority representative of the
following employees:
All full-time sworn police officers below the rank of Sergeant.
B. The Cathedral City Police Officers Association, hereinafter sometimes referred to as
"CCPOA," and representatives of the Municipal Employee Relations Representative of
the City of Cathedral City, have met and conferred in good faith on wages, hours and
other terms and conditions of employment for the employees represented by CCPOA in
the bargaining unit listed above, and have reached agreements which are set forth in this
Memorandum of Understanding(MOU).
C. This Memorandum of Understanding is established in accordance with the Provisions of
the Meyers-Milias-Brown Act (Government Code Section 3500, et seq.), effective only
upon ratification by the City Council of the City of Cathedral City.
Subject to the foregoing limitations, CCPOA and the City of Cathedral City agree as follows:
ARTICLE 1
SUPERSEDES PERSONNEL RULES
This Memorandum of Understanding is enacted pursuant to the Meyers-Milias-Brown Act and Cathedral
City Resolution Number 82-84. Personnel Rules previously established by the City Council by
Resolution shall not be effective as to employees covered by this MOU, since all pertinent portions of the
Personnel Rules applicable to such employees are hereinafter specifically set forth.
ARTICLE 2
MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION
Full-time sworn employees of the Cathedral City Police Department below the Rank of Sergeant who are
covered by this Agreement and who are members of CCPOA shall continue and maintain their
membership in CCPOA for the duration of this Agreement.
CCPOA agrees to enforce this provision and to indemnify and hold harmless the City, its officers and
employees from all liabilities and/or damages arising from the operation of this section. This
Memorandum of Understanding shall further constitute a bar to the implementation of Section 11(A)2, of
Resolution 82-84, except that the City shall accept a petition for decertification of CCPOA only during
the 60th and 90th calendar days immediately prior to the expiration of this MOU.
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ARTICLE 3
SEVERABILITY
It is understood and agreed by the parties that this MOU is subject to all present and future applicable
Federal and State laws and regulations, and the provisions hereof shall be effective and implemented only
to the extent permitted by such laws and regulations. The parties hereto have bargained with regards to
some provisions which are covered by the Fair Labor Standards Act and, to the extent that the Fair Labor
Standards Act permits employers and employee groups to contract for modification of the procedures
otherwise utilized under the Fair Labor Standards Act, and to the extent that such modification is
authorized by Federal law,the parties intend that this contract shall take precedence over the provisions of
the Fair Labor Standards Act. If any part of this Agreement is in conflict or is found to be inconsistent
with such applicable provisions of State or Federal law or regulation, or otherwise found to be invalid or
unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended, and
the provisions of the applicable laws and regulations shall prevail; in such event, however, the remainder
of this MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 4
STRIKES AND/OR JOB ACTIONS
CCPOA, on behalf of all of its members, agrees that neither CCPOA, nor its representatives, nor
members of the CCPOA, shall engage in, cause, instigate, encourage, or condone a strike or job action of
any kind during the term of this Agreement.
ARTICLE 5
COMPENSATORY TIME OFF
Any employee who is a member of the bargaining unit represented by CCPOA shall be authorized to
accumulate,to the extent allowed by the Fair Labor Standards Act,up to one hundred sixty(160)hours of
compensatory time. The accumulation of such hours shall be in accordance with the Fair Labor Standards
Act. The City recognizes the vested nature of such accumulated hours. An employee who has accrued
and requested use of compensatory time off shall be permitted to use such time off if the request is
submitted to the Chief of Police or designee within a reasonable period prior to the date(s) requested for
time off. For purposes of this Article, the term "reasonable period" shall mean seven days. An employee
who submits such a request less than seven days prior to the date(s) requested for time off may present a
qualified replacement to work in his or her place. For purposes of this Article, the term "qualified
replacement" shall mean equal rank or assignment, as appropriate. In the event an employee who submits
such a request less than seven days prior to the date(s) requested for time off does not present a qualified
replacement, if fewer than two employees are scheduled to be off work during the shift(s) in question,the
Chief of Police or designee shall attempt to accommodate the employee's request for time off. Upon a
four(4) week prior written request by the employee, one (1) time per calendar year, each employee shall
receive pay for all or any part of compensatory time accrued at the employee's then current base salary.
Separate from such request for pay, all members shall cash down their accrued compensatory time off to
40 hours effective the last pay period in March of each year.
ARTICLE 6
PERS OPTION
All Ca1PERS retirement provisions are addressed in Art 20.2.
ARTICLE 7
TERM
The term of this Agreement shall be from July 1, 2016 through December 31, 2019. This Agreement
shall not be re-openable for any purpose except by mutual agreement of the parties.
ARTICLE 8
SALARY INCREASES
The City and CCPOA agreed to the following schedule of salary increases:
A. 4%effective the first pay period following July 1, 2017
B. 4% effective the first pay period following January 1,2018
C. 4% effective the first pay period following January 1,2019
ARTICLE 9
GENERAL PROVISIONS
9.1 Equal Employment Opportunity. Appointments and promotions of individuals shall be made on
the basis of job related standards of education, training, experience, merit and ability. No
appointment to or removal from a position in the City's personnel system shall be affected or
influenced by any consideration of race, color, ancestry or national origin, age, sex (including
pregnancy, gender identity and sexual orientation), marital status, disability, medical condition,
genetic information, domestic partnership,political or religious opinion or affiliation.
9.2 Domestic Partnership. Definition and requirements of domestic partnership are provided in
California Family Code Section 297 et sec and Cathedral City Municipal Code 11.97 et sec. All
responsibilities,rights and benefits shall apply accordingly.
9.3 Safety and Health. Each employee and the City shall comply with CAL/OSHA safety laws, rules
and regulations. All employees shall follow safe practices, use personal protective equipment as
required, render every possible aid to safe operations, and report all unsafe conditions or
practices.
Employees shall avoid consuming or using any intoxicating substances at least two (2) hours
prior to reporting to the scheduled work shift and at any time during the work day including lunch
or dinner breaks; and employees shall not have in their possession any intoxicating substances,
unless the possession of such substances is in the course of their duties.
9.4 Employee Activities. During the employee's work day, he or she is expected to devote his or her
full time in the performance of his or her assigned duties as a City employee. No employee shall
engage in any outside employment, enterprise, or remunerated activity without prior notification
to his or her department head or appointing power. At no time shall any such outside employment
or activity be conducted on City time. No employee shall engage in any employment, outside
activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes with his or
her ability to perform the duties, functions or responsibilities of his or her position as a City
employee, nor shall he or she engage in any outside activity which will directly or indirectly
contribute to the lessening of his or her effectiveness as a City employee. No employee shall
engage in any type of activity relating to an employee organization during such time as employee
is on duty, except as expressly provided by the City Manager or designee, state and federal laws,
MOU, or Council resolution.
9.5 Inconsistent Employee Activities. In making a determination as to the consistency or
inconsistency of outside activities, the department head or appointing power shall consider,
among other pertinent factors, whether the activity:
9.5.1 Involves receipt or acceptance by the employee of any money or other consideration
from anyone other than the City for the performance or an act which the employee, if
not performing such act, would be required or expected to render in the regular course
of hours of his her City employment as a part of his or her duties as a City employee;
or,
9.5.2 Involves conditions or factors which would be incompatible or in conflict with the
duties, functions or responsibilities of the employee in his or her regular City
employment; or,
9.5.3 Involves the performance of an act in other than his or her capacity as a local agency
officer or employee which act may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement of any other officer or employee or the
agency by which he or she is employed; or,
9.5.4 Involves such time demands as would render performance of his or her duties as a local
agency officer or employee less efficient; or,
9.5.5 Involves the use for private gain or advantage of City time, facilities, equipment and
supplies, prestige, influence, or confidential information of one's City office or
employment; or,
9.5.6 Involves the solicitation of future employment with a business having business
transactions with the City over which the employee has some control or influence in his
or her official capacity at the time of the transaction.
9.6 POA Board Member Release Time. POA Board Members, as a group, shall be afforded fifty(50)
hours of release time per fiscal year for the purpose of attending Union conferences, training, etc.
Release time is not considered time worked for the purposes of calculating overtime. Release
time has no cash value and any unused time expires at the end of the fiscal year and does not
carry over into the next fiscal year.
9.7 Improper Use of City Equipment Prohibited. No City-owned equipment, autos, trucks,
instruments, tools, supplies, machines, badges, identification cards, or other items which are the
property of the City shall be used by an employee other than in the regular performance of duties,
except upon prior approval of the employee's department head or appointing power or designee
duly authorized to give such approval.
9.8 Political Activity. Except as necessary to meet requirements of Federal or State law, no
restrictions shall be placed on the political activities of any officer or employee of the City of
Cathedral City. The City, CCPOA and all employees shall comply with the provisions of
Government Code sections 3201-3209.
9.9 Smoking. City employees are encouraged not to smoke as it is a proven detriment to health,
safety and productivity. Smoking is not allowed in City buildings. Employees must smoke out-
of-doors.
ARTICLE 10
MANAGEMENT RIGHTS
10.1 Exclusive Control of Certain Aspects. The City of Cathedral City retains all its exclusive rights
and authority under State law, and expressly and exclusively retains its management rights,which
include,but are not limited to:
10.1.1 exclusive right to determine the mission of its constituent departments, commissions,
boards;
10.1.2 set standards and levels of service;
10.1.3 determine the procedures and standards of selection for employment and promotions;
10.1.4 direct its employees;
10.1.5 enforce those dress and grooming standards established by department policy;
10.1.6 determine the methods and means to relieve its employees from duty because of lack
of work or other lawful reasons;
10.1.7 maintain the efficiency of governmental operations;
10.1.8 determine the methods, means and numbers of kinds of personnel by which
government operations are to be conducted;
10.1.9 determine the content and intent of job classifications;
10.1.10 determine methods of financing;
10.1.11 determine style and/or types of City-issued wearing apparel, equipment or technology
to be used;
10.1.12 determine and/or change the facilities, methods, technology, means, organizational
structure and size and composition of the work force and allocate and assign work by
which the City operations are to be conducted;
10.1.13 determine and change the number of locations, relocations and types of operations,
processes and materials to be used in carrying out all City functions including, but
not limited to, the right to contract for or subcontract any work or operations of the
City;
10.1.14 assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and assignments
upon reasonable notice, except as limited by Article 21;
10.1.15 establish and modify productivity and performance programs and standards;
10.1.16 discharge, suspend, demote, reprimand, withhold salary increases and benefits or
otherwise discipline employees in accordance with applicable law;
10.1.17 establish reasonable employee performance standards including, but not limited to,
quality and quantity standards, and to require compliance therewith; take all
necessary actions to carry out its mission in emergencies; and
10.1.18 exercise complete control and discretion over its organization and the technology of
performing its work.
10.2 Not Subject to Grievance Procedures. The exercise by the City through its Council and
management representatives of its rights shall not in any way, directly or indirectly, be subject to
the grievance procedure.
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ARTICLE 11
COMPENSATION
11.1 Salary Advancement — Full-time Employees. Except as otherwise provided in this Article, full-
time employees may be considered for an increase in salary according to the following rules:
11.1.1 Effective the first pay period following July 1, 2016 Police Officer Salary Range 130
shall be increased by 4% and all members eligible for the City's former "Wellness
Stipend"who have completed three(3)years of service as a Police Officer shall receive
a 4%increase. The Wellness program shall be formally abolished at this time.
11.1.2 All members not covered by Section 11.1.1 shall retain their current rate of pay and
step of their Salary Range which shall be renumbered to Salary Range 129 effective
July 1, 2016.
11.1.3 Upon successful completion of three (3) years of service as a Cathedral City Police
Officer, members paid under Salary Range 129 shall advance to the next higher step of
Salary Range 130.
11.1.4 Advancement to a next higher merit increase step may be made after twelve(12)month
interval from the hire date or last increase in subsequent years, and for continued
satisfactory service.
11.1.5 Advancement to the next higher merit increase step shall not be automatic. Such salary
increase or denial of salary increase shall require the specific recommendation, through
a performance evaluation, of the employee's department head and the approval of the
Personnel Officer. When an employee is denied an increase, he or she may be
reconsidered for such advancement at any subsequent time with a satisfactory
performance evaluation.
11.1.6 Advancement to merit steps 6 and 7 may occur after two (2) years satisfactory service
in the next preceding step in the respective salary range. Any such advancement shall
be granted only as a result of a written evaluation of continued meritorious service by
the employee in the performance of the duties of his/her position.
11.2 Salary on Demotion. Any employee who is demoted may be placed at a lower step, or may be
placed at a step in a lower range or may be placed at step "Y" which is equal to the employee's
current salary step. The employee's merit review date shall not change.
An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is
assigned to a salary range in which the last step is equivalent to or higher than the Step "Y", at
which time the employee shall be placed in the next highest step. Such employee shall not
receive salary adjustments until such time as Step "Y" is equivalent or less than the highest merit
increase step of the salary range of the employee's position.
11.3 Salary on Reinstatement. An employee who resigned in good standing may, within one (1) year
of such resignation and upon recommendation of the department head and approval of the City
Manager, be reinstated in a position in the class in which the employee had previously served,
subject to an available budgeted position. Upon such reinstatement, the employee shall not
receive higher than the step in the salary range the employee previously received prior to the
employee's separation. The employee shall be given a new merit review date,as if a new hire.
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11.4 Special Salary Adjustments. A department head may recommend, in writing, to raise an
employee's salary step to a higher merit increase step prior to the eligibility times specified in this
Article so as to recognize meritorious service, advanced educational achievements or other
extraordinary attributes related to the employee's public service. Such increased compensation is
subject to the approval of the City Manager and the availability of budgeted funds. The
employee's merit review date shall change to the effective date of the special increase.
11.5 Overtime.
11.5.1 A department head may require an employee to work beyond the employee's regular
hours of employment. If the employee works in excess of the scheduled daily shift, or
is called back to work after having worked a shift, or is required to work on a scheduled
day off, such employee shall be paid at one and one-half(1-1/2) times the hourly rate
of the employee's salary or receive compensatory time at one and one-half (1-1/2)
times hours worked, at the discretion of the employee. Compensatory time is
addressed in Article 5. For the purpose of this section, sick leave used during the pay
period shall not be counted as time worked. Vacation and compensatory time shall be
counted as time worked for the purposes of calculating overtime during the 80-hour
pay period. Any other off-duty time will not count as time worked for the purpose of
calculating overtime.
11.5.2 Notice of Overtime Scheduling. The department shall post available overtime
shifts/hours as soon as the availability of overtime is known. In such a case, the posted
overtime will be made available and filled first from the rank of Police Officer.
Officers may sign up to work the overtime shift/hours on a first-come, first-serve basis.
An employee who signs up for posted overtime and then decides not to work the shift
must present a qualified replacement to work in his/her place. For purposes of this
section, the term `qualified replacement' shall mean equal rank or assignment, as
appropriate. In the event that no employee or an insufficient number of employees sign
up for a posted overtime shift/hours within four (4) days prior to the scheduled
overtime shift or detail, the overtime will be made available to other employees and/or
assigned by the scheduling supervisor. In such a case, the department shall provide the
affected employee with written or actual notice of the overtime shift/hours prior to
his/her next assigned shift. This Section shall not apply to holdover and/or emergency
situations.
In the case of non-posted overtime due to unforeseen circumstances (e.g., sick and call-
outs, etc.), a reasonable attempt shall be made to fill the position with a qualified
replacement. Following such attempt if a qualified replacement is not located, then an
officer may be directed to work the overtime or a higher ranking officer may be
called to fill the overtime assignment. Following such attempt if a qualified
replacement is not located, then supervision shall call in/mandate officers based on
lowest to highest seniority.
11.6 Other Paid Time Off. The City Manager or Chief of Police may grant paid time off to any City
employee in unique situations where actions of the employee, over and above the call of duty,
clearly merit such consideration.
11.7 Assignment Differential. A five percent (5%) differential supplement shall be paid to Field
Training Officers, Investigators, Gang Officers and officers performing canine duties. A five
percent (5%) differential supplement also shall be paid to officers operating motorcycles, while
assigned to such duties, regardless of whether actually performing those duties on a particular
shift. Assignments to such special duties shall be at the discretion of the Chief of Police.
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11.8 Compensation for Layoff. An employee, who is terminated from the classified service of the City
as a result of a layoff, shall be paid for accrued vacation and accrued compensatory time.
Accrued sick leave shall be restored to an employee if the employee is reemployed within one(1)
year. Should an employee be reemployed in the formerly held position, the employee shall be
placed at the same salary step as when the layoff occurred. No credit shall be received toward a
step increase or seniority during the period of layoff.
Employees who have attained regular status at the time of layoff and who are reemployed within
a period of one (1) year shall retain their assigned merit review dates. Regular employees who
are reemployed after a period of one(1)year will be assigned a new anniversary date.
11.9 Compensation during Suspension. An employee who is suspended with pay under the pre-
disciplinary procedures of Article 15 shall be paid that salary the employee was entitled to prior
to the suspension. An employee who is suspended without pay under the disciplinary procedures
of Article 15 shall not be paid for those specific hours of suspension. Additionally, an employee
suspended without pay shall not accrue sick leave, vacation, seniority and other benefits during a
suspension of more than fifteen (15) working days, except that health and life insurance benefits
will be maintained.
11.10 Salary on Voluntary Demotion. At the discretion of the City Manager, any employee who elects
to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower
range or may be placed at Step "Y" which is equal to the employee's current salary step. The
employee's merit review date shall not change.
An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is
assigned to a salary range in which the highest merit increase step is equivalent to or higher than
the Step "Y" at which time the employee shall be placed in the next higher merit increase step.
Such employee shall not receive salary adjustments until such time as Step "Y" is equivalent or
less than the highest step of the salary range of the employee's position.
11.11 Compensation for Temporary Assignment to Higher Classification. An employee may receive
adjusted compensation for working in an assignment in a higher classification. Working at a
higher classification shall mean that the employee is performing a significant part of the duties of a
position in a higher salary range for a period of thirty(30) consecutive working days or more.
11.12 Bilingual Services Bonus Compensation. Employees who have the ability to fluently converse in
a second language and are required to use their skills as part of their City employment shall receive
4% additional compensation effective the first pay period following July 1, 2016. Eligible
employees must successfully pass an initial assessment test to receive such compensation.
11.13 Compensation for Vehicle Use. An employee shall be compensated for use of the employee's
personal vehicle on City business under rules set forth by the City Manager and at the rate set by
Council resolution.
11.14 Restitution. In addition to any possible discipline under the provisions of Article 15 for willful,
wanton or malicious destruction of City property, the City shall have the right to seek restitution
through a civil action for damages in the courts. Nothing herein shall preclude the City from
pursuing its remedies through both disciplinary action, pursuant to this agreement, and court
action.
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11.15 Correcting Errors in Salary Rate and Other Provisions. Should an employee be advanced to a
higher step in the salary range for his or her class other than for which he or she was
recommended, or receive additional salary than that authorized, or accrue leaves or receive other
benefits through error, such error shall be corrected immediately following its discovery.
Reimbursement to the City by the employee for said error shall be made by one of the following
methods or a combination thereof:
11.15.1 Application of accrued equivalent time off for overtime service;
11.15.2 Application of equivalent time off for overtime service earned during the time
immediately following the date of the discovery of said error;
11.15.3 Application of the increase in the employee's salary following his or her next
merit or longevity merit salary increase;or
11.15.4 Any other method mutually agreed to.
Determination of which one or combination of the above methods of reimbursement should be
used shall be made by agreement of the department and the employee, subject to the approval of
the City Manager. Should the employee terminate before full reimbursement to the City has been
made the money required to complete reimbursement shall be deducted from his or her last
paycheck.
11.16 Court Appearance Time. An employee scheduled to appear in Court during non-duty hours shall
be paid for a minimum of four(4)hours at the overtime rate for an appearance.
11.16.1 Court On-Call/Standby. Officers placed on call for court shall be paid hour-for-hour at
the overtime rate up to 7.5 hours.
11.17 P.O.S.T.Certification. Employees shall be compensated five percent(5%)of salary for possession
of an Intermediate and/or Advanced P.O.S.T. certificate.
11.18 Longevity. The parties have agreed to a longevity pay provision for employees hired prior to
January 1,2013 which pays as follows:
11.18.1 7.5%at the beginning of the 15th year of City employment,and an additional
11.18.2 5%at the beginning of the 20th year.
Employees hired on or after January 1, 2013 are not eligible for longevity provisions described
above.
ARTICLE 12
RECRUITMENT&SELECTION
12.1 Physical Requirements. The City Manager, in conjunction with the Police Chief, may require
that all applicants and employees be in such physical or mental condition to perform the duties of
their job and may require a medical or psychological evaluation at City's expense at any time on
a showing of good cause. No employee shall hold any position in a classification in which he or
she cannot physically or mentally perform all the duties of the job adequately and without hazard
to himself or herself or others. Within the limitations indicated,the City's policy shall be to make
such efforts as are consistent with the provisions of law to place physically disabled employees in
such positions as are available in the City service where their disabilities will not substantially
affect their performance of duties. The employee's length of service, nature of past performance
and the availability of openings may be considered in placing disabled employees.
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12.2 Separation. An employee in the classified service may be separated from employment with the
City through retirement, mental or physical inability to perform the duties of the job, resignation,
probationary failure, death, dismissal or layoff. An employee wishing to resign shall file with the
employee's supervisor a written resignation stating the effective date. Such resignation shall be
presented at least two (2) weeks before leaving the service. The resignation shall be immediately
reported to the Personnel Officer. The other forms of separation described above are explained
elsewhere in this Agreement. Prior to separation, an employee must return all City items issued
to him or her in order to receive final compensation, failing which the City may withhold from
final compensation,to the extent permitted by law,the reasonable value of unreturned property.
12.3 Voluntary Demotion. An employee may request a voluntary demotion under the procedures of
Article 15 or for reasons stated in a special request to the City Manager.
12.4 Industrial Appointments. Positions declared vacant due to California Labor Code Section 4850
industrial leave (after 90 days) shall be filled as though the position is vacant. The person
appointed to the position shall sign a statement indicating 1) awareness of type of vacancy, 2)
agreeing to revert to original position and salary range should the industrially injured person
return to the position, 3) time served (first six months) will be considered probationary time, and
4) time served in a higher position will only be considered for six (6) months after the return of
the original employee. Should original employee again go on 4850 industrial leave in less than
six (6) months, the previously appointed employee shall resume the position. Should the original
employee go on 4850 industrial leave after a six (6) month or more return to the position, the
department may appoint any employee on an existing eligibility list or seek a new examination to
establish an eligibility list.
12.5 Long Term Illness Appointments. Positions declared vacant due to long-term illness leave (after
90 days) shall be filled as though the position is vacant. The person appointed to the position
shall sign a statement indicating 1) awareness of type of vacancy; 2) agreeing to revert to original
position and salary rate should the original occupant of the position return to full-time duty in the
position; 3) time served (first six [6] months) will be considered probationary time; and 4) time
served in a higher position will only be considered for six (6) months after the return of the
original employee. Should the original employee again go on a long-term illness leave in less
than six (6) months, the previously appointed employee may resume the position. Should the
original employee go on long-term illness leave after a six (6) month or more return to the
position, a new examination to establish a new eligibility list may be called.
ARTICLE 13
PROBATION
13.1 Sworn Police Employees Probation. The first eighteen(18)months after a sworn police employee
has been appointed shall be his/her probationary period. In the event of unusual circumstances,
such as an illness or injury which prevents an employee from performing the regular duties of
his/her position throughout the entire eighteen(18) month probationary period, the City Manager
or designee may extend the probationary period up to an additional six (6) months. In such a
case, the City Manager or designee shall notify the affected employee in writing that his/her
probationary period has been extended and shall inform the employee of the reason(s) why the
probationary period was extended. The probationary period for an employee under this section
shall not exceed twenty-four(24)months.
13.2 Probation on Reinstatement. Except as otherwise provided in this Agreement, on accepting a
reinstatement, an employee who had completed the initial probation under Section 13.1 shall
serve a new probationary period of six (6) months. Reinstatements will not be permanent until
the successful completion of this probationary period.
13.3 Objective of Probationary Period. The work and conduct of probationary employees shall be
subject to close scrutiny and evaluation. The probationary period shall be regarded as a part of
the training and examination process and shall be used for securing the most effective adjustment
of a new employee to a position. Individuals employed under City public employment programs,
specially funded programs or contracts shall be subject to the probationary provisions of this
Agreement should they be appointed to a position in the classified service.
13.4 Satisfactory Completion of Probation Period. If a probationary employee's probation period has
been satisfactory, and advancement to regular status is warranted, the department head shall so
recommend on a Personnel Action Form together with a performance evaluation submitted to the
Personnel Officer. The City Manager,upon receipt of these documents, may authorize the end of
the employee's probationary period by the execution of a Personnel Action Form. The employee
shall only then be advanced to regular status upon completion of the probationary period.
13.5 Unsuccessful Probation Period. If a probationary employee's probation period has not been
satisfactory, it shall be so stated in a Personnel Action Form. The City Manager, by signing the
Personnel Action Form, may authorize the dismissal of the employee, or, if promotional
probation to Police Sergeant, the return of the employee to his or her former position as Police
Officer. Such dismissal shall not be regarded as disciplinary. A probationary employee may be
dismissed at any time or returned to the former position at any time without cause and without the
right of appeal or grievance unless otherwise required by law. Notification of dismissal or of
return to the former position shall be in writing and shall be given to the probationary employee
prior to the dismissal or return to the former position unless otherwise required by law.
13.6 Probation Following Layoff. Employees laid off while on probation must serve a new
probationary period following reemployment.
ARTICLE 14
EMPLOYEE LAYOFF PROCEDURES
14.1 Purpose of Layoffs. For reasons of economy, of efficiency, or in the interest or mandate of the
public, reductions or curtailments of the City services may be required. Whenever, in the
judgment of the City Council, it becomes necessary, the City Council may abolish any position or
employment and the employee holding such position or employment may be laid off.
14.2 Abolishment of Position(s). When layoffs are to occur, the City Manager shall prepare a list of
those positions to be abolished in each department. For each affected department, the City
Manager shall assemble a list of those employees within the classification designated for a
position abolishment. Such list shall be forwarded to the appropriate department head. The
department head shall prepare a list establishing the order of employee layoffs within a
classification. The department head shall determine the individual layoff ranking of each
employee based upon seniority, except that canine officer assignments and undercover operations
in progress shall exempt the affected employee from layoff. Following completion of undercover
operations in progress, the officer so exempted shall then be subject to layoff, and the senior
officer on layoff shall be reinstated. Temporary, interim and probationary employees shall be laid
off prior to the layoff of any regular employee within the same classification in the department,
unless involved in undercover operations in progress.
� t .'O y yto:
151
14.3 Bargaining Unit Notification. When a layoff is to occur, the City shall notify the designated
bargaining unit representative at least sixty(60) calendar days prior to the effective date of layoff.
It is understood that, during this period, bargaining unit representatives may submit
recommendations regarding layoff alternatives, such as reductions in hours, freezing merit pay
increases or other similar programs which will result in a reduction of the City's labor costs.
The bargaining unit representative shall respond to the City within fifteen (15) calendar days
following notice. Should the City and the bargaining unit representative not agree to an
alternative to the proposed layoff within this period, the City may proceed to provide a minimum
thirty(30)calendar day layoff notice to the affected employees.
14.4 Layoff Appeal. A regular employee shall have the right to request an appeal hearing. Such
request must be made in writing to the City Manager within five (5)working days after receipt of
a layoff notice. The City Manager shall prepare and deliver a decision on the appeal within five
(5)working days after receipt of the appeal.
The scope of the appeal shall not include such issues as the need for layoff,the reasons for layoff,
the extent of layoff, the classifications selected for layoff, or the exercise of other City
prerogatives involved in layoff. The issues of such appeal shall be limited only to whether or not
there was substantial compliance with the procedures for layoffs and the established order of
departmental layoff within a classification.
ARTICLE 15
DISCIPLINARY AND APPEALS PROCEDURES
15.1 Standards of Conduct. It is expected that all City employees shall render the best possible service
and reflect credit on the City, and therefore high standards of conduct are essential.
15.2 Improper Employee Conduct. Improper conduct may be cause for disciplinary action up
to and including termination of employment. The term "improper conduct" means not only any
improper action by an employee in the employee's official capacity, but also conduct by an
employee not connected with the employee's official duties that affects the employee's ability to
perform official duties, and any improper use of the position as an employee for personal
advantage. In addition, improper conduct includes,but is not limited to,the following.
15.2.1 Tardiness.
15.2.2 Failure to observe precautions for personal safety,posted rules, signs, safety
instructions,or to use protective clothing or equipment.
15.2.3 Careless workmanship resulting in waste of materials.
15.2.4 Unsatisfactory work performance.
15.2.5 Abuse of sick leave privileges, e.g., failure to present adequate documentation of illness
when required by the City Manager or respective department head, use of sick leave for
unauthorized purposes.
15.2.6 Failure or delay in carrying out orders, work assignments, or instructions of superiors;
inattention to, or dereliction of duty, including loafing or wasting time.
15.2.7 Acceptance of gifts from parties doing business with the City.
15.2.8 Unauthorized sleeping while on duty.
15.2.9 Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on
another; engaging in dangerous horseplay.
15.2.10 Being on duty under the influence of a chemical or intoxicant or reporting for duty
while so influenced.
15.2.11 Chemical or alcohol abuse affecting work performance.
( ( PO v vI( I [),—
16ir
15.2.12 Loss or destruction of City property or the property of others,through carelessness.
15.2.13 Political activity in violation of the law.
15.2.14 Unexcused absence from duty.
15.2.15 Reckless driving on City premises or reckless operation of City vehicle.
15.2.16 Gambling or promotion of gambling on City premises while on duty.
15.2.17 Endangering the safety of or causing injury to any employee, including him or
herself.
15.2.18 Unauthorized disclosure of confidential information as defined by law or by written
directive of the City or respective department.
15.2.19 Treating any city official, officer or employee, or any member of the public, in a
disrespectful, rude, insulting, abusive or demeaning manner while in the performance
of duties, or related thereto.
15.2.20 Unauthorized use of City vehicles or equipment.
15.2.21 Covering up or attempting to conceal defective work, removing or destroying same
without permission.
15.2.22 Knowingly making a falsification, misstatement or concealment of material fact in
connection with employment, promotion, any record, investigation, or other proper
proceeding.
15.2.23 Making false or unfounded statements which are derogatory, slanderous or
defamatory about other employees or officials.
15.2.24 Willful damage to City property or to the property of others.
15.2.25 Making a false confession.
15.2.26 Any on-duty violation of federal, state or local laws or any off-duty violation of law
which might bring discredit to the City.
15.2.27 Failure to adhere to this adopted Memorandum of Understanding or to other City or
departmental rules,policies or procedures.
15.2.28 Sexual harassment or other unlawful discrimination.
15.2.29 Willful violation of City or Departmental policies and procedures regarding media
contact.
15.3 Disciplinary Process: The purpose of disciplinary action is to correct deficiencies in employee
performance, to seek improvement to meet appropriate standards, and/or to correct for violation
of City policies. The City will verbally counsel an employee when circumstances warrant it,
prior to taking any formal disciplinary action. This gives the supervisor an opportunity to
communicate in a non-disciplinary fashion that a problem is perceived and that the supervisor is
available to help solve it.
Discipline may be initiated for various reasons, including, but not limited to, violations of City
work rules, insubordination or poor job performance. The severity of the action depends on the
nature of the offense and an employee's record, and may range from verbal counseling to
immediate dismissal.
The disciplinary process outlined below has been established to provide general guidelines for a
fair method for disciplining employees. Disciplinary actions imposed under this article shall be
in accordance with section 3300-3311 of the California Government Code.
( ( I'HH ■ AfH , .,_.)_" 171P
15.3.1 Normal progressive discipline sequence:
A. Verbal Reprimand: To communicate to the employee that a repeat action may
result in more serious disciplinary action. (Not appealable)
B. Written Reprimand: A written communication to the employee that the same or
related offense has been committed. A copy of this warning is given to the
employee and one copy is filed in the employee's personnel file. Written
reprimands may be appealed to the Chief of Police within five (5) calendar days.
The decision of the Chief of Police shall be final. In addition, the employee may
submit a written response within thirty (30) calendar days. The employee's
response will be attached to the written reprimand.
C. Suspension: Temporary removal of an employee from his/her duties without pay
for misconduct. Employees may be suspended on the spot by their immediate
supervisor when there is a clear threat to the safety of other employees or the
public. (Managers must notify the Human Resources Director when instituting an
on-the-spot suspension as soon as it is practical.)
D. Demotion: This step involves either the reduction in pay step or reduction in class.
E. Dismissal: The final step in the disciplinary process.
15.3.2 Disciplinary Procedure: Although one or more of these steps may be taken in
connection with a particular employee, no formal order or system is necessary. The
City reserves the right to deviate from this sequence when it feels that circumstances
are so severe that such a deviation is warranted. The City Manager or designee is
vested with the authority to determine the appropriate course of action.
Further steps in the discipline involving suspension, demotion or dismissal should not
be taken without consulting the department head and the Human Resources Director.
A. Suspension,Demotion,Dismissal. Subject to the Hearings and Appeals Procedures
specified in Section 15.4, the City may:
Impose a suspension without pay upon an employee when, in his/her judgment,
such action will best serve the interests of the City. Such suspension shall,
however, not exceed a period of thirty (30) working days except that if the
suspension is imposed because of an employee's trial by a court of law, the
suspension may extend to such time as that court has rendered its decision.
B. Suspension without Pay. Suspensions shall occur only after the notice procedures
specified in Section 15.4.1 and shall be subject to appeal in accordance with
Section 15.4.2.
C. Demote a regular employee to a position in a lower class with an appropriate
reduction in pay or a reduction in pay step, for reasons including,but not limited to,
unsatisfactory performance.
D. Dismiss for cause any regular employee.
_ _ 181 .. _ .
15.4 Hearings, Appeals and Grievances. Only discipline involving suspension, demotion or dismissal
is subject to an appeal as outlined below.
15.4.1 Pre-Discipline Meeting Procedures.
Prior to undertaking the personnel actions set forth in Section 15, the department head
or designee shall first provide the employee with a written specification of reasons for
the proposed action and all documents relied on to support the action being taken. The
statement shall either be delivered personally to the employee or sent by Certified Mail,
Return Receipt Requested, and shall notify the employee of his/her right to request a
meeting with the department head. The employee may, accordingly, request a meeting
to determine if there is cause for the proposed personnel action. A request for a
meeting must be in writing and must be delivered to the department head on or before
five(5)working days after the employee's receipt of notice of intended action.
Upon receipt of the Request for Meeting, the department head shall notify the
employee of the time and place for a meeting to be held not later than ten(10) working
days after receipt of the request therefore. The employee shall be entitled to be present
at such meeting together with an attorney and/or designated representative. The
meeting is to be conducted by the department head or designee and shall provide the
employee with the opportunity to refute, explain, or otherwise address the proposed
statement of charges. All decisions of the department head or designee shall be
rendered within ten (10) working days after conclusion of the meeting, and shall be
final unless timely appealed by the employee as provided in the section 15.4.2.
15.4.2 Appeals Procedures.
Any regular employee subjected to any disciplinary action set forth herein(suspension,
demotion or dismissal) may appeal any decision of the department head or designee by
filing a written Notice of Appeal with the City Manager or designee within five (5)
working days after his/her receipt of the decision. The employee's appeal shall be
heard by an impartial hearing officer selected in a manner mutually agreeable to the
City Manager and the employee; if no agreement is reached the hearing officer shall be
selected from a list of advisory arbitrators from the California State Mediation
Conciliation Service or from a list agreed to between the City Manager and the
employee.
A. Representation. The employee may be represented by his/her Association/Union
representative, any other regular employee of the City, or his/her attorney.
B. Hearing. The Hearing Officer shall issue subpoenas to compel the attendance of
witnesses, if such be necessary at the request of either party. The hearing shall be
recorded by a certified shorthand reporter.
C. Evidence. Oral evidence shall be taken only on oath or affirmation. Each party
shall have the right to call and examine witnesses, to introduce exhibits, to cross-
examine opposing witnesses on any matter relevant to the issue even though the
matter was not covered in the direct examination, to impeach any witness
regardless of which party first called him/her to testify, and to rebut the evidence
against him/her.
� � � �� dirt 2 �
At the hearing, both the appealing employee and the City shall have the right to be
heard and to present evidence.
The hearing need not be conducted according to technical rules relating to evidence
and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on
which responsible persons are accustomed to rely in the conduct of serious affairs,
regardless of the existence of any common law or statutory rules that might make
improper the admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining any direct
evidence. The rules of privilege shall be effective to the same extent that they are not
or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious
evidence shall be excluded.
D. Expenses. The expenses for the hearing officer shall be borne equally by the City and
the Union, and each party shall be responsible for expenses they incur. Expenses for
such recording services shall be borne equally by the City and CCPOA, provided,
however, that each party shall be responsible for any specialized or extraordinary
services they might individually request. The parties may instead by agreement
record the hearing electronically.
E. Hearing Officer Findings. After the close of the hearing the Hearing Officer shall
prepare written advisory award and findings of fact and conclusions of law based on
the evidence presented at the hearing, and shall present his/her findings to the City
Manager and the employee within thirty (30) calendar days. In rendering an award,
the Hearing Officer shall be limited to the express terms of this document and shall
not have the power to modify, amend or delete any terms or provisions of this
document. Failure of either party to insist upon compliance with any provision of
this document at any given time or times under any given set or sets of circumstances
shall not operate to waive or modify such provision, or in any manner whatsoever to
render it unenforceable, as to any other time or times or as to any other occurrence or
occurrences, whether the circumstances are, or are not,the same.
F. Final Decision. The City Manager or designee mutually agreeable to the City
Manager and the employee shall review the Hearing Officer's recommendation, but
shall not be bound thereby. If the City Manager or, if appropriate, the designee
decides not to follow the Hearing Officer's recommendation, he or she shall notify
the employee in writing regarding this determination. Such notice shall be sent to the
employee not later than sixty (60) days after the City Manager's or, if appropriate,
the designee's receipt of the Hearing Officer's recommendation. If the City Manager
or, if appropriate, the designee fails to notify the employee of his or her
determination within this sixty (60) day period, the Hearing Officer's recommended
decision shall be final and binding, subject only to review by the courts under the
procedures set forth in California Code of Civil Procedure section 1094.5.
Otherwise, the City Manager's or, if appropriate, the designee's decision shall be
final and binding, subject only to review by the courts under the procedures set forth
in California Code of Civil Procedure section 1094.5.
( I,(? \ vIm � , 'nit, ;_D..�- ; � , _ 201P
ARTICLE 16
ATTENDANCE AND LEAVES
16.1 Attendance at Work: Absence without Leave. Employees shall be in attendance at their work in
accordance with the rules regarding hours of work, holidays, and leaves. All departments shall
keep daily attendance records of employees which shall be reported to the City Manager and the
Finance Director in the form and on the dates they shall specify. Failure on the part of an
employee, absent without leave, to return to duty within forty eight (48) hours after a due notice
to return to work has been delivered shall be cause for immediate dismissal. A certified letter
delivered by U.S. mail to the employee's last known address shall be reasonable notice, without
regard to whether delivery is accepted; a letter by ordinary mail, first class postage prepaid
thereon, shall likewise constitute reasonable notice.
16.2 Deemed Resignation. Absence without leave, whether voluntary or involuntary, for five (5)
consecutive scheduled working shifts, is a deemed resignation from City employment, as of the
last date on which the employee worked. Any employee who fails to report for work within
seventy-two (72) hours after delivery of a notice as specified in Section 16.1, or who by the
expiration of the seventy-two (72) hours has missed or will have missed five (5) or more
consecutive scheduled working shifts, shall also be deemed to have resigned from City
employment, as of the last date on which the employee worked. Upon a determination by the
department head or Personnel Officer that such an absence has occurred, and that the employee
has resigned, notice of the deemed resignation and of the employee's right to request
reinstatement for good cause upon timely request therefor, shall be sent by ordinary first class
mail, postage prepaid thereon, or by certified mail, or both, to the employee at his or her last
known address. An employee who has been deemed to have resigned in accordance with the
terms of this Section shall have fifteen (15) days after the date of mailing of such notice within
which to request reinstatement. Any request for reinstatement must be made in writing and must
be received by the City within fifteen (15) days of the date of mailing of the notice. Request for
reinstatement may be made within ninety (90) days after the effective date of the deemed
resignation if the notice specified above was not sent to the employee in the manner specified in
this Section. Reinstatement shall be granted only if the employee makes a satisfactory explanation
to the department head as to the cause of his or her absence and as to the reason for his or her
failure to obtain leave therefor. Evidence that the employee reasonably believed leave had been
granted shall justify reinstatement. The department head, to order reinstatement, shall find that
the employee is ready, able and willing to resume the discharge of the duties of the employee's
former position or, if not then able to immediately resume such duties, the department head may
consent to a leave of absence to commence upon reinstatement. An employee so reinstated shall
not be paid salary for the period of his or her absence or separation or any portion thereof. Denial
of reinstatement shall be subject to appeal under the procedures specified in Section 15.4. In
determining the employee's rights under all the circumstances, the City Manager or hearing
officer shall be guided by Government Code Section 19996.2 and case law related thereto,
including Phillips v. California State Personnel Board (1986) 184 Cal. App. 3d 651, 229 Cal.
Rptr. 502, and in such appeal the City shall have the burden to establish that the absence was in
fact unauthorized and that the department head reasonably believed the employee had abandoned
his or her employment.
16.3 Hours of Work. Daily hours of work (or shifts) for employees within departments shall be
assigned by department heads as required to meet the operational requirements of said
department. Any foreseeable absence or deviation from regularly scheduled working hours
desired by an employee shall, in advance be cleared through the employee's department head, and
such absences shall be noted on the employee's time sheet.•P, , \ vlt) D
- 211 " 2 ,
16.4 Work Week. The work week begins at 12:01 a.m. Sunday and ends at Midnight the following
Saturday(7 consecutive days).
16.5 Leave of Absence. The City Manager, with the concurrence of the affected department head,
may grant a regular employee a leave of absence for a period not to exceed one(1)year. No such
leave shall be granted except upon written request of the employee setting forth the reason for the
request. Approval shall be in writing.
Upon expiration of an approved leave, the employee shall be reinstated in the position held at the
time leave was granted, subject to the conditions of the leave or as provided by State and/or
Federal laws. Failure on the part of an employee on leave to report promptly at its expiration
shall be cause for dismissal. The depositing in the U.S. mail of a certified letter, addressed to the
employee's last known place of address shall be reasonable notice of dismissal for failure to
return to work.
Such a leave shall generally be without pay, provided that the City Manager shall have discretion
to grant pay for the first fifteen(15)consecutive work days. Any employee on an approved leave
of absence shall receive no vacation benefits and no sick leave after fifteen(15) consecutive work
days. City contributions to retirement, health and medical plans shall be suspended until the
employee is reinstated. An employee who is on leave of absence shall be responsible for
reimbursing any agency for any payroll deductions that the employee has authorized. An
employee reinstated after a leave of absence shall receive the same step in the salary range the
employee received when the leave of absence began. Time spent on such leave shall not count
towards service for increases within the salary range or benefit accruals. The employee's
anniversary shall be set forward in time one (1) month for each thirty (30) consecutive calendar
days taken. The employee shall retain accumulated vacation credits, sick leave credits, and other
similar credits; however, such credits or seniority shall not accrue to a person granted such leave
during the period of absence. When an employee is granted a leave of absence without pay, the
City shall discontinue payment of medical, health and other similar insurance premiums for the
employee and dependents. At the time the employee requests a leave of absence, the employee
may pre-pay the insurance premiums by depositing funds with the Finance Department prior to
the expiration of coverage, provided that such a continuation of coverage is authorized by the
City's contract for medical insurance.
16.6 Military Duty. Military leave of absence shall be granted in accordance with the provisions of
State and Federal law. All employees entitled to military leave shall give the department head an
opportunity, within the limits of military regulations, to determine when such leave shall be
taken. Compensation for such purposes shall not exceed thirty (30) days in any one (1) fiscal
year.
16.7 Vacation Leave.
16.7.1 Vacations. All employees shall accrue vacation credits according to the following
schedule:
Hrs./Pay Period Hrs./Yr.
Less than 2 years employment 3.69 96
2 years to 6 years 4.62 120
6 to 10 years 5.54 144
10 to 15 years 6.46 168
15 years or more 7.50 195
viO;
22 " _ .
16.7.2 Vacation Accumulation; Cashing Out Option. Employees are encouraged to use their
accrued vacation time annually. Earned vacation credits shall be accumulated.
Employees may, however, carry over unused vacation credits to succeeding calendar
years. Except upon written approval by the City Manager, accumulated vacation
credits shall not exceed the employee's two (2) year maximum rate of accrual.
Accumulated vacation time which exceeds the two (2) year accrual maximum, and is
not carried by approval, must be paid as time worked.
Upon a four (4) week prior written request, one (1) time per calendar year, each
employee may receive pay for unused vacation time; provided, however, that a
minimum of at least once in the preceding twelve (12) months, forty (40) hours of
vacation time or vacation time combined with comp leave is taken off in a block which
guarantees a minimum of one (1) full work week off at one time. The City Manager
may waive this condition if he or she is satisfied adequate vacation will be taken in the
immediate future.
16.7.3 Annual Review of Accumulation: In November of each year, the City shall review each
employee's vacation accumulation. The City shall pay employees for those accrued
hours in excess of the two (2) year accrual maximum set forth in section 16.7.2 above
and adjust the affected employees' vacation accumulation back to the two (2) year
accrual maximum set forth in section 16.7.2 above.
16.7.4 Illness within Vacation Period. Illness during a vacation period shall not be considered
as sick leave, unless confirmed by a physician's statement and approved by the City
Manager.
16.7.5 Vacation Credits When Employment Terminates. Upon termination of employment, an
employee shall be paid for unused vacation credits.
16.7.6 Effect of Absence on Vacation Crediting. Absence due to sick leave or other approved
leave of absence will not affect computations for vacation credits unless such absences
exceed one (1) month, in which case the time of said absence (unless such absence is
for vacation being used) shall be excluded from computation.
16.8 Holidays. The following holidays are observed by the City:
a. January 1 (New Year's Day)
b. February 12 (Lincoln's Birthday)
c. Third Monday in February(Washington's Birthday)
d. Last Monday in May(Memorial Day)
e. July 4 (Independence Day)
f. First Monday in September(Labor Day)
g. September 9(Admission Day)
h. November 11 (Veterans Day)
i. Fourth Thursday in November(Thanksgiving Day)
j. Friday following Thanksgiving Day
k. December 25 (Christmas Day)
1. The employee's birthday.
m. Any day declared to be a holiday by proclamation of the Mayor.
23I �' _ .
16.8.1 Holidays - Extra Pay - Generally. Employees covered by this Agreement shall receive
compensation for holidays equal to the number of hours in his/her regular shift, paid at
straight time. The City shall pay the yearly allotment of holidays as additional pay each
pay period. The yearly holiday allotment shall be divided by the number of pay periods
in the year and the resulting average number of hours shall be added to the employees
pay.
16.9 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of the
Summons to the Chief of Police. The employee may be absent from duty with pay for time
required to be away from the employee's regularly scheduled work hours. An employee who is
released by the court from jury duty on any regularly scheduled work day shall return to work to
complete any remaining portion of regularly scheduled work hours unless otherwise excused by
the Chief of Police. The employee shall be entitled to retain juror fees as reimbursement for
expenses associated with jury duty.
16.10 Bereavement Leave. Bereavement leave with pay, not to exceed three(3) days from accrued sick
leave, shall be granted full-time employees at the discretion of the Chief of Police. This shall be
the maximum time allowable based on demonstrated need and shall be limited to death within the
immediate family. The immediate family is defined as spouse/domestic partner, the employee's
or spouse's/domestic partner's mother, father, brother, sister, , children, grandparents, and legal
guardians. (Domestic Partnership as defined by State law.)
16.11 Family Medical Leave. Family-related medical leave shall be granted in accordance with Federal
and State law, and resulting administrative provisions developed by the City. The City's current
Family/Medical Leave policy is attached to this Agreement and adopted as an attachment.
16.12 Sick Leave. Employees shall be afforded the benefits, when eligible, pursuant to the California
Family Rights Act and the U.S. Family and Medical Leave Act, and all regulations adopted
thereunder.
An employee may use accrued sick leave for illness of the employee or physical incapacity of the
employee due to illness or injury, or for physical examinations, including eyes, dentist
appointments or other commonly accepted health related matters.
All regular full-time employees shall be credited with 3.69 hours of sick leave per pay period, or
major fraction thereof. An employee who is absent because of illness may be required to file a
written statement from his or her physician indicating the medical need and anticipated duration
of the absence which then must have the approval of the Chief of Police before the employee is
eligible to receive sick leave pay. If an absence because of illness or disability extends beyond
three (3) consecutive workdays or the employee has used more than four (4) sick days in a
calendar year, the employee may be required to submit a physician's written certification
verifying the need for and extent of sick leave required for the absence before the employee is
eligible to receive sick leave pay.
An employee may be required to take physical examinations at periodic intervals while on sick
leave from a physician designated and paid for by the City.
In the event that an employee uses all the sick leave he or she has accrued, he or she then shall
have the vacation and comp hours he or she has accrued deducted for each day he or she is absent
due to illness. Vacation/comp hours shall continue to be deducted until the employee either
returns to work or all of accrued hours are used. The employee may apply to receive a leave of
absence without pay if the employee does not have any credited vacation, comp or sick hours.
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24 1' _ .
16.12.1 Sick Leave Accrued Limit and Payoff for Employees hired prior to January 1, 2013.
Any unused portion of accumulated sick leave may be carried over into the next
calendar year; provided however, an employee's accumulated sick leave may not
exceed nine hundred sixty (960) hours unused sick leave; further accumulation shall
not be allowed. However, to encourage attendance at work and discourage the
frivolous use of excess sick leave, employees with continuous employment of five (5)
years or more may receive a payment in cash of 25% of unused sick leave when they
resign or retire.
Employees with continuous employment over nine (9) years may receive in cash 50%
of the unused sick leave when they resign or retire. This compensation in cash shall be
at straight time rate.
Upon four (4) weeks advance notice, one (1) time in any fiscal year, an employee is
entitled upon request to payment for accumulated sick leave in excess of three hundred
eighty(380)hours; payment shall be at base salary rate.
In lieu of cash-out provisions described above, employees may convert accrued sick
leave to Ca1PERS service credit upon retirement.
16.12.2 Sick Leave Accrual for Employees Hired on or after January 1, 2013. Employees may
accrue sick leave without limit, but may not cash out unused sick leave. Instead, to
encourage attendance at work and discourage the frivolous use of sick leave, employees
may convert accrued sick leave to Ca1PERS service credit upon retirement.
16.12.3 Effect of Absence on Sick Leave. Absence due to sick leave or other approved leave of
absence will not affect computations of sick leave unless such absence exceeds one (1)
month, in which case that month or more shall be excluded from computation.
16.12.4 Family Illness Leave. If an employee requests to be absent from duty because of
illness in the employee's immediate family, which requires the employee's attendance,
the Chief of Police may approve use of the employee's accrued sick leave not to exceed
the equivalent of one-half of the employee's annual sick leave accrual amount (i.e., 48
hours), per the Fair Labor Standards Act. The immediate family is defined as
spouse/registered domestic partner, the employee's or spouse's/registered domestic
partner's mother, father, brother, sister, children, grandparents and legal guardians to
the extent required by Labor Code section 233. (Domestic partnership as defined by
State law.)
16.13 Subpoenaed Absence — Sworn Pubic Safety Personnel. City Public Safety Personnel who are
subpoenaed (re G.C. 68097.1-2) to attend as a witness, shall receive the salary or other
compensation to which they are normally entitled from the City during the travel time to and from
the place where the court or other tribunal is located and the time they are required to remain at
such place pursuant to such subpoena. Travel expenses shall be reimbursed by the City for the
actual, necessary and reasonable travel by complying with such subpoena.
Civil subpoenas arising out of the employee's duties shall be respected in accordance with
Government Code Section 68097, et seq. The party at whose request such a subpoena is issued
for a civil case shall reimburse the City for the full cost incurred in paying the safety personnel
their salary or other compensation and traveling expenses as provided for in this Section, for each
day that such safety personnel is required to remain in attendance pursuant to such subpoena, as
required by Government Code Section 68097, et seq. The amount of one hundred fifty dollars
I'O \ AI(il il , )��� 25 11' i
($150) shall be deposited with the City, for which City shall issue a receipt prior to the issuance
of a subpoena pursuant to this Section for each day.
The City shall provide a detailed billing to the clerk of the court. If the actual expenses should
later prove to be less than the amount deposited, the excess of the amount deposited shall be
refunded. If the actual expenses should later prove to be more than the amount deposited, the
difference shall be paid to the City by the party at whose request the subpoena is issued.
If a court continues a proceeding on its own motion, no additional deposit may be required prior
to the issuance of a subpoena or the making or an order directing such safety personnel to appear
on the date to which the proceeding is continued.
16.14 Unauthorized Leave. Any employee who is absent from work without approved leave shall be
subject to termination. The provisions of Section 16.2 relating to automatic resignation may also
apply.
16.15 Catastrophic Leave Donation. Circumstances may arise where an employee or the employee's
immediate family may suffer an unforeseen, unplanned event, which may have a catastrophic
effect on the employee and/or the employee's family. Under such a circumstance the employee
may request leave donation from fellow employees under the following procedures:
A. Employee's Own Personal Extended Illness. An employee who is suffering from a
serious illness or a serious accident(excluding Workers' Compensation claims)may be
eligible for short term disability insurance and may have sick leave and vacation leave
donated to cover the difference between payments received from the disability
insurance company and the employees' full salary and to cover the cost of any
insurance plan provided by the City.
B. Serious Illness or Injury of a Member of the Employee's Immediate Family. An
employee whose immediate family member is suffering from a serious illness or injury
may have leave donated to provide him/her with time off from work to care for that
family member. Said donated leave will be used to continue the employee on payroll
until said leave is exhausted.
C. Leave Donation Eligibility Procedures. The employee seeking leave donation must
have exhausted all available sick leave, vacation leave and compensatory leave. The
employee must submit a request for leave donation to the Human Resources office for
review and approval of the City Manager or designee. The employee will be required
to provide medical documentation for the need of this leave donation.
D. Leave Donation Procedure. The donation of leave is voluntary and is irrevocable once
donated. Employees wishing to donate leave will submit an authorization for transfer
of leave form to the Human Resources office.
Employees may donate up to one day of accrued sick leave in excess of 96 hours in
their own sick leave bank. "One day" is based on the hours of the donor's regular shift.
Employees may also donate up to one day of accrued vacation time, based on the
donor's regular shift. Authorizations to donate leave will be date-stamped and donated
leave will be deposited into the requesting employee's sick leave bank as needed, on a
"first-in/first-out" basis. Such leave can only be used for the purposes set forth in
sections 16.15 A and 16.15 B above. Any donated leave not needed by the requesting
employee will not be deducted from the donor's bank.
,i) `j !). , 26
Donated leave will be credited to the receiving employee's sick or vacation leave bank
(in the case of family sick), as appropriate, on an hour-for-hour basis. In no case will
an employee be able to convert the donated leave to cash or be paid for any remaining
balance of donated leave.
All donations will be maintained as confidential information.
ARTICLE 17
GRIEVANCE PROCEDURE
17.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee or the
employee's organization that the employee has been adversely affected due to a misinterpretation
or misapplication of this Memorandum of Understanding. Disciplinary actions are subject only to
the provisions of Article 15, and are not subject to the procedures of this Article.
17.2 Informal Grievance Procedure. Every effort shall be made to resolve a grievance through
discussion between the employee and/or the employee's designated representative, and the
employee's immediate supervisor. If, after such discussion, the employee does not feel that the
grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter
with the supervisor's superior, if any, within the department organization. Otherwise, the
employee shall have the right to discuss the matter with the division manager.
17.3 Formal Grievance Procedure. If the employee is not in agreement with the decision rendered in
the informal grievance procedure, an employee shall have the right to present a formal grievance
in writing to the division manager within five (5) regularly scheduled working days after the
occurrence of the incident in the grievance. The division manager shall meet with the employee
and/or the employee's designated representative within five (5) working days after the division
manager's receipt of the written grievance. The division manager shall review the grievance and
render a decision in writing and return it to the employee and/or the employee's designated
representative within five(5)working days after meeting with the employee.
17.4 Appeal Procedures. If the employee does not agree with the decision reached by the division
manager, the employee may present an appeal in writing to the Police Chief within five (5)
working days after the employee's receipt of the division manager's decision. The appeal shall
be signed and delivered to the Police Chief who shall set a meeting between the Police Chief and
the employee and/or the employee's representative to discuss the grievance within ten (10)
working days. Within seven (7) working days the Police Chief shall deliver a copy of the
decision to the employee and/or the employee's representative and the division manager. Upon
demand of the employee or the employee's representative, the decision of the Police Chief shall
be subject to review by the City Manager,whose decision shall be final.
17.5 Extension of Time Limitations. All time limitations mentioned in the Grievance Procedure may
be extended by mutual written agreement between the City and the employee.
271
ARTICLE 18
EMPLOYEE REPORTS AND RECORDS
18.1 Personnel File. The Personnel Officer shall maintain a personnel file for each employee of the
City. Police Officer personnel records relating to complaints, investigations, and other matters
deemed confidential under Evidence Code Section 1043 shall be maintained by the Chief of
Police. Employees have the right to inspect the contents of their respective personnel files during
a scheduled appointment.
18.2 Disclosure of Information. No information shall be disclosed from the personnel file of a current
or former employee other than the employee's job title, work location, work phone number,
salary verification (with written employee authorization only) and departmental assignment, to
any person other than the City Manager, City Attorney or their designated representatives. An
employee or former employee may authorize the disclosure of information from their file only
when written permission is provided. Nothing herein shall preclude nor specifically deny the use
of any information in Personnel files in any phase of a disciplinary or probationary action.
Confidentiality provisions established by Penal Code Section 832.7 and Evidence Code sections
1043 and 1045 shall be respected. Nothing herein shall preclude the use of any information in an
employee's file in any phase of a disciplinary or probationary action. The City shall not be
prevented from releasing other information under subpoena or under the Public Records Act
when a proper request therefor is submitted, if the City Attorney advises that the requested
information must be released.
ARTICLE 19
EDUCATION INCENTIVE
The City of Cathedral City encourages employees to further their educational goals and objectives by
attending classes on their own time which are job related and of direct benefit to the City and when such
costs are not reimbursed or paid for by other sources. The City shall partially reimburse the employee for
actual expenses upon successful completion of the class or classes. Except with the approval of the City
Manager, City vehicles will not be authorized for use for transportation to and from classes, nor will
mileage allowance be provided.
The City will reimburse the employee for 80%of the incurred costs of tuition,books and fees, subject to a
fiscal year maximum of $4,000, and a lifetime maximum of $6,000. Education pursuit up to one
Bachelor's degree will be approved without proof of job relatedness. For work beyond a Bachelor's
Degree,reimbursement will be made only if job-related.
ARTICLE 20
FRINGE BENEFITS
20.1 Insurance Plan. The City shall provide a cafeteria-type benefit program. All regular employees
who are employed on a full-time basis (40 hours per week) shall be eligible to participate in such
group insurance policies as are provided by the City. The cost of medical insurance coverage
only, which the City chooses from time to time to provide, shall be borne entirely by the City for
each employee.
The City shall bear the cost of medical insurance for an employee with one dependent and
employee with more than one dependent coverage as long as an employee's dependents are
eligible under the terms of the policy or policies authorized from time to time by the City Council
(to the same extent as the City bears the cost of coverage for the employee) and as long as the
employee does not select the most expensive coverage available. In the event an employee
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selects the most expensive coverage, he or she shall be responsible for paying the difference
between the cost of the most expensive coverage and the cost of the second most expensive
coverage.
The City shall offer dental, vision, short-term disability and other coverage that the employee
may voluntarily purchase through payroll deduction. An employee may choose a medical plan
less expensive than the second-highest cost plan(or highest cost plan for employee-only) and use
the remaining balance to pay for dental, vision and/or short-term disability insurance. Any
unused funds shall remain with the City.
20.2 Public Employees Retirement System. The Public Employees Retirement System (PERS)
contract with the City shall provide a designated retirement benefit for sworn officers of the
CCPOA. All unit members are provided the Ca1PERS 1959 survivor benefit.
20.2.1 All members of the CCPOA shall pay their full Ca1PERS member contribution at the
rate determined by CaIPERS. Classic members' member contribution shall not exceed
9%.
20.2.2 Employees Hired Prior to January 1, 2013 and "Classic" Employees: The Public
Employees' Retirement System (PERS)contract provides the 3%@55 retirement formula
with single highest year compensation consideration for sworn officers of the CCPOA.
20.2.3 PEPRA/New-to-Ca1PERS Employees: The California Public Employees' Pension
Reform Act of 2013 (PEPRA) and the Ca1PERS contract with the City establish
retirement provisions for all PEPRA/new-to-Ca1PERS sworn officers of the CCPOA at
the 2.7%@57 retirement formula with three-year average compensation consideration.
20.3 Uniform/Equipment Allowance. Uniform/equipment allowance shall be paid to sworn employees
of the CCPOA at the rate of$120.00 per month for purchase, maintenance and replacement of
uniforms and equipment. Effective the first pay period following July 1, 2016, an additional $15
per month shall be paid by the City as a non-PERSable uniform allowance.
20.3.1 SWAT Team Uniforms. SWAT members shall be provided with one(1)uniform set, not
including a jacket,per year with the approval of the Cathedral City SWAT Commander.
20.4 Deferred Compensation. The City provides a deferred compensation plan for employees under
which the City shall match an employee's contribution up to $46.16 per pay period.
20.5 Short Term and Long Term Disability Income. Non-industrial disability income is provided by
the City through long term disability insurance. Optional short term disability insurance is
available per Article 20.1.
20.6 Retiree Health Insurance. Employees covered by this Agreement retiring from City employment
who are taking a qualified retirement under the PERS system may elect within 120 day of
separation from the City to participate in such group health insurance policies as are provided by
the City under the following conditions:
20.6.1 Employees Hired Prior to January 1, 2013: All such retired unit members shall be
eligible for a City-paid contribution equivalent to the current amount provided to active
unit members.
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20.6.2 Classic and PEPRA/New-to-Ca1PERS Employees: The percentage of employer
contribution payable for retirement health benefits shall be consistent with the following
table:
Credit Years of Service
with the City Percentage of Employer Contribution
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
20.7 Officer Killed in the Line of Duty. The City shall pay the cost of dependent medical, dental and
vision insurance premiums for the eligible dependents of an officer killed in the line of duty.
Such benefits shall cease for the surviving spouse upon his or her remarriage or eligibility to
receive Medicare, whichever occurs first. Such benefits shall cease for dependents when they
reach age twenty-six(26). For purposes of this Section,the term "dependent" shall mean the son,
daughter, step-son or step-daughter for which an officer is legally responsible.
20.8 Personal Security. An officer who is wounded or seriously injured as the result of a criminal act
by another during an incident arising from or directly related to the performance of his/her law
enforcement duties shall, upon the determination of the ranking officer in charge or upon
reasonable request that an imminent threat exists and approval of his/her division commander, be
provided with a sworn peace officer guard during his/her period of hospitalization until such time
as it is determined that a threat to the officer's safety no longer exists.
ARTICLE 21
SHIFT SELECTION; WORK SCHEDULING
21.1 Alternate Work Schedule. An alternate work schedule,based upon a 3/12 plan, will be developed
for those police individuals of the Association assigned to patrol provided that no additional costs
are anticipated to be borne by the City thereby. Alternate work schedules will be developed for
other police members of the Association. Operations special details will be based on a 4/10 or
9/80, but not a 5/8. The proposed twelve-hour shifts shall be scheduled as 0600 to 1800 (a.m.)
and 1800 to 0600 (p.m.), with the provision that the start/end time for the a.m. shift can fluctuate
within two hours and the start/end time for the p.m. shift can fluctuate within four hours,
depending on operational needs. However, motorcycle patrols will remain on a 4/10 or other
alternate schedule at the discretion of the Chief of Police. Lunch would be included in the
schedule except for division managers.
Investigations and K-9 will remain on a 9/80, or another alternate schedule plan if the 3/12
program for patrols is canceled.
, ,),) 20, .���.. '�� , 3011' _
21.2 Longevity Pool. A longevity pool shall be established which shall give experienced officers, on
the basis of seniority, priority in shift selection. In order to be placed in the longevity pool an
employee must have been employed by this department as a police officer for at least three (3)
years.
A Field Training Officer will be assigned to each shift/watch. A probationary employee may not
serve a Field Training Officer. Employees shall meet the P.O.S.T. requirements for Field
Training Officers, shall have at least three(3)years law enforcement experience and shall have at
least eighteen (18) months patrol duty experience. Field Training Officers' compensation for
such duties shall be increased by 5%of salary.
Based on the operational needs of the Department, the POA agrees to support shift scheduling
whereby after four (4) consecutive rotations the officers, by seniority, will select another shift
which is the opposite time of day. Any shift selection may be rejected for substantial
performance reasons, which shall be communicated in writing to the affected employee. By
definition "Shift" will be "A.M." or "P.M."; "A.M." being 0600 to 1800 hours and "P.M." being
1800 to 0600 hours. Specialized assignments such as canine and traffic will not be part of this
shift selection program.
The department will post shift assignments for sign-up thirty (30) days prior to the shift with
assignments to be finalized ten (10) days prior to the shift starting. Officers not selecting shifts
within the sign-up period will have shifts assigned by the Operations Division Manager. Shift
rotation will be based on four (4) month tours: January-April, May-August, and September-
December. Vacation scheduling will be posted based on a calendar year, "first come, first
served." Vacation/time off is typically limited to one officer off a designated team at one time,
unless approved by the Division Manager or designee. Whenever possible, however, a second
officer may be allowed vacation/time off a designed team. Vacation/time off for a second officer
from a designed team shall be contingent upon the following criteria:
21.2.1 The City has not received a request for compensatory time off from another officer from
a designated team;
21.2.2 Allowing the second officer to take vacation/time off will not reduce the number of
officers on a designated team to drop below minimum staffing levels;
21.2.3 There are no compelling issues or events occurring during the second officer's requested
vacation/time off which would necessitate the second officer to work; and,
21.2.4 If the second officer submits a vacation request well in advance of the requested time off,
the City will notify the second officer regarding approval or denial of the request thirty
(30)days prior to the requested time off.
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ARTICLE 22
AGREEMENT ALL INCLUSIVE
The parties hereto acknowledge that they have engaged in extended negotiations of any and all issues
either party has desired to have included in this Memorandum of Understanding. The parties recognize
that, in the give and take of bargaining, some items sought by the employer have not been agreed upon,
and some items sought by the employee association have not been agreed upon. This Agreement
constitutes a compromise upon which each party agrees. The parties agree that this Memorandum of
Understanding is all-inclusive and that no other agreements, undertakings or understandings have been
made outside of the specific terms of this Agreement relating to wages, hours or terms or conditions of
employment of the employees covered by this Agreement, with the exception of duly negotiated and
mutually agreed upon Letter(s) of Agreement. Except by mutual agreement, this Memorandum of
Understanding is not subject to reopening for any purpose. All of the agreements of the parties are
evidenced herein. The absence of reference to any topic shall be deemed as proof that no agreement was
reached thereon, and any claim based thereon shall be null and void and of no effect. Each party has had
every opportunity during the course of these negotiations to bring up any new or additional topics it
desired to have considered as part of this Agreement, and, for the duration of this Agreement, no
additional topics shall be added thereto, except upon specific mutual agreement of the parties evidenced
in writing.
Pursuant to Government Code Section 3505.1, this Memorandum of Understanding has been jointly
prepared by the representatives of the City of Cathedral City and of CCPOA who agree that it shall be
presented to the City Council of the City of Cathedral City for its consideration. We recognize that this
MOU is not binding unless and until it has been approved by the City Council of the City of Cathedral
City.
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_. 32 P _ .
APPROVED BY THE CITY COUNCIL
Stan Henry, r
Executed this er day of �'�N� ,2016.
ATTEST:
411( /1
- ary owe ,City Cler
CITY OF CATHEDRAL CITY CATHEDRAL CITY
POLICE O FICERS ASSOCIATION, ,,,
II
i I _
Charles P.McClendon,City Manager Mark Ro es,President_-
_ _ _
Tami . Scott,Admin Services Dir. Nathanial Hanley,Vi resident
Syd A. Zelnys, I'of anage/ Brian Barkle easurer
M. Eug is Tones,HR Coordinator Daniel Anes,Negotiating Team Member
A.A__. , i
Michael D. McCoy, CCPOA Chie/gotiator
CSC/
Mike Valentich,CCPOA Representative
('CPOA 1101 Jul y I. 2O l 6-Dccrmbcr ? 1 . 2019 32I I) a g c
AACity of Cathedral City
Cathedral City Family Care and Medical Leave Policy
STATEMENT OF POLICY
To the extent not already provided for under current leave policies and provisions, the City of Cathedral
City will provide family and medical care leave for eligible employees as required by state and federal law.
The following provisions set forth certain of the rights and obligations with respect to such leave. Rights
and obligations which are not specifically set forth below are set forth in the Department of Labor
regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), Pregnancy
Disability Leave (PDL)and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise
provided by this article, "Leave" under this article shall mean leave pursuant to the FMLA, PDL, and
CFRA.
II. DEFINITIONS
A. "12-Month Period"—means a rolling 12-month period measured backward from the date leave is taken
and continuous with each additional leave day taken.
B. "Child"—means a child under the age of 18 years of age, or 18 years of age or older who is incapable
of self-care because of mental or physical disability. An employee's child is one for whom the
employee has actual day-to-day responsibility for care and includes a biological, adopted, foster or
stepchild.
C. "Parent" — means the biological parent of an employee or an individual who stands or stood in loco
parentis (in place of a parent) to an employee when the employee was a child. This term does not
include parents-in-law.
D. "Spouse"— means a husband or wife as defined or recognized under California State law for purposes
of marriage.
E. "Domestic partner," — as defined by Family Code §§ 297 and 299.2, shall have the same meaning as
"Spouse"for purposes of CFRA Leave.
F. "Serious health condition" — means an illness, injury impairment, or physical or mental condition that
involves:
1. Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility,
including any period of incapacity (i.e., inability to work, or perform other regular daily activities
due to the serious health condition,treatment involved, or recovery there from); or
2. Continuing treatment by a health care provider: A serious health condition involving continuing
treatment by a health care provider includes any one or more of the following:
a) A period of incapacity (i.e., inability to work, or perform other regular daily activities ) due to a
serious health condition of more than three consecutive calendar days, and any subsequent
treatment or period of incapacity relating to the same condition, that also involves:
Page 1 o-3
H HR DIRECTORY`.LOA.FMLA alL a.ePo i y 01303 Mc.
i) Treatment two or more times by a health care provider, by a nurse or physician's assistant
under direct supervision by a health care provider, or by a provider of health care services
(e.g., a physical therapist) under orders of, or on referral by a health care provider; or
ii) Treatment by a health care provider on at least one occasion which results in a regimen of
continuing treatment under the supervision of the health care provider. This includes for
example, a course of prescription medication or therapy requiring special equipment to
resolve or alleviate the health condition. If the medication is over the counter, and can be
initiated without a visit to a health care provider, it does not constitute a regimen of
continuing treatment.
b) Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to
FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy
is entitled to pregnancy disability leave.)
c) Any period of incapacity or treatment for such incapacity due to a chronic serious health
condition. A chronic serious health condition is one which:
i. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's
assistant under direct supervision of a health care provider;
ii. Continues over an extended period of time (including recurring episodes of a single
underlying condition); and
iii. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes,
epilepsy, etc). Absences for such incapacity qualify for leave even if the absence lasts only
one day.
d) A period of incapacity which is permanent or long term due to a condition for which treatment
may not be effective. The employee or family member must be under the continuing
supervision of, but need not be receiving active treatment by, a health care provider.
e) Any period of absence to receive multiple treatments (including any period of recovery there
from) by a health care provider or by a provider of health care services under orders of, or on
referral by, a health care provider, either for restorative surgery after an accident or other
injury, or for a condition that would likely result in a period of incapacity of more than three
consecutive calendar days in the absence of medical intervention or treatment.
G. "Health Care Provider" means:
1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State
of California;
2. Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another
state or jurisdiction, including another country, who directly treats or supervises treatment of a
serious health condition;
3. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment
consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray
to exist) authorized to practice in California and performing within the scope of their practice as
defined under California State Law;
4. Nurse practitioners and nurse-midwives and clinical social workers who are authorized to practice
under California State law and who are performing within the scope of their practice as defined
under California state law;
5. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston,
Massachusetts; and
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H HR DIRECTOR' LOA PMLA Forms P_,I c, >�32 oc
6. Any health care provider from whom an employer or group health plan's benefits manager will
accept certification of the existence of a serious health condition to substantiate a claim for
benefits.
H. "Active Duty" means a duty under a call to order of active, retired, reserves, or national guard
members of the united States Armed Forces by law or any other provision of law during a war or
national emergency declared by the President or Congress.
I. "Contingency Operation" — means a military operation that (1) is designated by the Secretary of
Defense as an operation in which members of the United States Armed Forces are or may become
involved in military actions, operations, or hostilities against an enemy of the United States or against
an opposing military force; or(2) results in the call to order of active duty members of the Untied Sates
Armed Forces by law or any other provision of law during a war or national emergency declared by the
President or Congress.
J. "Covered Service member" — means a member of the United States Armed Forces, including a
member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or
therapy, in otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a
serious injury or illness.
K. "Outpatient Status" means the status of a member of the United States Armed Forces assigned to: (1)
a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of
providing command and control of members of the Armed Forces receiving medical care as
outpatients.
L. "Next of Kin"—means the nearest blood relative of an injured service member.
M. "Serious Injury or Illness" means an injury or illness incurred by a member of the Armed Forces in the
line of duty on active duty that may render the member medically unfit to perform the duties of the
member's office, grade, rank, or rating.
III. REASON FOR LEAVE
Leave is only permitted for the following reasons:
A. The birth of a child or to care for a newborn of an employee;
B. The placement of a child with an employee in connection with the adoption or foster care of a child;
C. Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition;
D. Leave because of a serious health condition that makes the employee unable to perform the functions
of his/her position.
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E. Leave for a "qualifying exigency" may be taken arising out of the fact that an employee's spouse, son,
daughter, or parent is on active military duty or has been notified of an impending call or order to
active duty in support of a contingency operation involving the United States Armed Forces; or
F. Leave to care for a spouse, son, daughter, parent, or"next of kin" service member of the Untied States
Armed Forces who has a serious injury or illness incurred in the line of duty while on active military
duty(this leave can run up to 26 weeks of unpaid leave during an employer's 12-month period).
IV. EMPLOYEES ELIGIBLE FOR LEAVE
An employee is eligible for leave if the employee:
A. Has been employed for at least 12 months; and
B. Has been employed for at least 1,250 hours during the 12-month period immediately preceding the
commencement of the leave.
V. AMOUNT OF LEAVE
Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for an injured service
member)of leave during any 12-month period.
A. Minimum Duration of Leave
If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave
must be concluded within one year of the birth or placement of the child. In addition, the basic
minimum duration of such leave is two weeks. However, an employee is entitled to leave for one of
these purposes (e.g., bonding with a newborn)for at least one day, but less than two weeks duration
on any two occasions.
If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious
health condition, there is no minimum amount of leave that must be taken. However, the notice and
medical certification provisions of this policy must be complied with.
B. Spouses Both Employed By The City of Cathedral City
In any case in which a husband and wife both employed the City of Cathedral City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12
workweeks during any 12-month period if leave is taken for the birth or placement for adoption or
foster care of the employees'child (i.e., bonding leave).
In any case in which a husband and wife both employed by the City of Cathedral City are entitled to
leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 26
workweeks during any 12-month period if leave is taken to care for an injured service member.
Except as noted above,this limitation does not apply to any other type of leave under this policy.
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VI. EMPLOYEE BENEFITS WHILE ON LEAVE
Leave under this policy may be paid or unpaid. While on leave, employees will continue to be covered by
the City of Cathedral City's group health insurance to the same extent that coverage is provided while the
employee is on the job.
If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the
City of Cathedral City shall have the right to recover its share of health plan premiums for the entire leave
period, unless the employee does not return because of the continuation, recurrence, or onset of a serious
health condition of the employee or his/her family member which would entitle the employee to leave, or
because of circumstances beyond the employee's control. The City of Cathedral City shall have the right
to recover premiums through deduction from any sums due the city of Cathedral City(e.g. unpaid wages,
vacation pay, etc.).
VII. SUBSTITUTION OF PAID ACCRUED LEAVES
While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid
accrued leave. Similarly, the City of Cathedral City may require an employee to concurrently use paid
accrued leave after requesting FMLA and/or CFRA leave, and may also require an employee to use family
and medical care leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying.
A. Employee's Right To Use Paid Accrued Leaves Concurrently With Family Leave
Where an employee has earned or accrued paid vacation, compensatory time, or personal or sick
leave, that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this
policy. •
As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if:
1. The leave is for the employee's own serious health condition;or
2. The leave is needed to care for a parent, spouse, child, or domestic partner with a serious health
condition, and would be permitted as sick leave under the City of Cathedral City's sick leave
policy.
B. City of Cathedral City's Right to Require An Employee To Use Paid Leave When Using FMLA/CFRA
Leave
1. Employees are not required to use accrued compensatory time earned in lieu of overtime
earned pursuant to the Fair Labor Standards Act; and
2. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the
leave is for the employee's own serious health condition.
C. City of Cathedral City's Right To Require An Employee To Exhaust FMLA/CFRA Leave Concurrently
With Other Leaves
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H HR DIRECTORY'LOA Fr 1LA Fk ' Policti 61366 doe
If an employee takes a leave of absence for any reason which is FMLA/CFRA-qualifying, the City of
Cathedral City may designate that non-FMLA/CFRA leave as running concurrently with the
employee's 12-week FMLA/CFRA leave entitlement. The only exception is for peace officers and
firefighters who are on leave pursuant to Labor Code §4850.
D. City of Cathedral City's and Employee's Rights If An Employee Requests Accrued Leave Without
Mentioning Either the FMLA or CFRA
If an employee requests to utilize accrued vacation leave or other accrued paid time off without
reference to a FMLA/CFRA-qualifying purpose, the City of Cathedral City may not ask the employee if
the leave is for a FMLA/CFRA-qualifying purpose. However, if the City of Cathedral City denies the
employee's request and the employee provides information that the requested time off is for a
FMLA/CFRA-qualifying purpose, the City of Cathedral City may inquire further into the reason for the
absence. If the reason is FMLA/CFRA-qualifying, the City of Cathedral City may require the employee
to use accrued leave as described above.
VIII. MEDICAL CERTIFICATION
Employees who request leave for their own serious health condition or to care for a child, parent or spouse
who has a serious health condition must provide written certification from the health care provider of the
individual requiring care if requested by the City of Cathedral City.
If the leave is requested because of the employee's own serious health condition, the certification must
include a statement that the employee is unable to work at all or is unable to perform the essential
functions of his/her position.
Employees who request leave to care for an injured service member who is a child, spouse, parent, or
"next of kin" of the employee must provide written certification from a health care provider regarding the
injured service member's serious injury or illness.
A. Time To Provide A Certification
When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical
certification is requested, the employee must provide it before the leave begins. When this is not
possible, the employee must provide the requested certification to the City of Cathedral City within the
time frame requested by the City of Cathedral City (which must allow at least 15 calendar days after
the employer's request), unless it is not practicable under the particular circumstances to do so despite
the employee's diligent, good faith efforts.
B. Consequences For Failure To Provide An Adequate Or Timely Certification
If an employee provides an incomplete medical certification the employee will be given a reasonable
opportunity to cure any such deficiency.
However, if an employee fails to provide a medical certification within the time frame established by
this policy, the City of Cathedral City may delay the taking of FMLA/CFRA leave until the required
certification is provided.
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C. Recertification
If the City of Cathedral City has reason to doubt the validity of a certification, the City of Cathedral City
may require a medical opinion of a second health care provider chosen and paid for by the City of
Cathedral City. If the second opinion is different from the first, the City of Cathedral City may require
the opinion of a third provider jointly approved by the City of Cathedral City and the employee, but paid
for by the City of Cathedral City. The opinion of the third provider will be binding. An employee may
request a copy of the health care provider's opinions when there is a recertification.
D. Intermittent Leave Or Leave On A Reduced Leave Schedule
If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave
schedule to care for an immediate family member with a serious health condition {"serious health
condition"}, the employee must provide medical certification that such leave is medically necessary.
"Medically necessary" means there must be a medical need for the leave and that the leave can best
be accomplished through an intermittent or reduced leave schedule.
IX. EMPLOYEE NOTICE OF LEAVE
Although the City of Cathedral City recognizes that emergencies arise which may require employees to
request immediate leave, employees are required to give as much notice as possible of their need for
leave. If leave is foreseeable, at least 30 day's notice is required. In addition, if an employee knows that
he/she will need leave in the future, but does not know the exact date(s)(e.g. for the birth of a child or take
care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will
be needed. Such notice may be orally given. If the City of Cathedral City determines that an employee's
notice is inadequate or the employee knew about the requested leave in advance of the request, the City
of Cathedral City may delay the granting of the leave until it can, in its discretion, adequately cover the
position with a substitute.
X. REINSTATEMENT UPON RETURN FROM LEAVE
A. Right To Reinstatement
Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held
when the leave commenced, or to an equivalent position with equivalent employment benefits, pay,
and other terms and conditions of employment. Employees have no greater rights to reinstatement,
benefits and other conditions of employment than if the employee had been continuously employed
during the FMLA/CFRA period.
If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee
will be reinstated on the date agreed upon. If the reinstatement date differs from the original
agreement of the employee and City of Cathedral City, the employee will be reinstated within two
business days,where feasible, after the employee notifies the employer of his/her readiness to return.
B. Employee's Obligation To Periodically Report On His/Her Condition
Employees may be required to periodically report on their status and intent to return to work. This will
avoid any delays to reinstatement when the employee is ready to return.
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C. Fitness-for-Duty Certification
As a condition of reinstatement of an employee whose leave was due to the employee's own serious
health condition, which made the employee unable to perform his/her,job, the employee must obtain
and present a fitness-for-duty certification from the health care provider that the employee is able to
resume work. Failure to provide such certification will result in denial of reinstatement.
D. Reinstatement of"Key Employees"
The City of Cathedral City may deny reinstatement to a "key" employee (i.e., an employee who is
amongst the highest paid 10 percent of all employed by the City of Cathedral City within 75 miles of
the work site) if such denial is necessary to prevent substantial and grievous economic injury to the
operations of the City of Cathedral City, and the employee is notified of the City of Cathedral City's
intent to deny reinstatement on such basis at the time the employer determines that such injury would
occur.
XI. REQUIRMENTS
Provide your Department Head and Human Resources with sufficient time of your need to take FMLA.
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