HomeMy WebLinkAboutContract 1855-1 Cathedral City
CITY OF CATHEDRAL CITY
MEMORANDUM OF
UNDERSTANDING
CATHEDRAL CITY POLICE
MANAGEMENT ASSOCIATION
(CCPMA)
JULY 1, 2019 -JUNE 30, 2022
Table of Contents
ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR DECERTIFICATION 4
ARTICLE 2: SEVERABILITY 5
ARTICLE 3: STRIKES AND/OR JOB ACTIONS 5
ARTICLE 4: SUCCESSOR NEGOTIATIONS 5
ARTICLE 5: TERM 5
ARTICLE 6: GENERAL PROVISIONS 5
6.1 Equal Employment Opportunity 5
6.2 Safety and Health 6
6.3 Employee Activities 6
6.4 Inconsistent Employee Activities 6
6.5 Improper Use of City Equipment Prohibited 7
6.6 Political Activity 7
6.7 Criminal Conviction—Ineligibility for Employment. 8
6.8 Tobacco Products 8
ARTICLE 7: MANAGEMENT RIGHTS 8
7.1 Exclusive Control of Certain Aspects 8
7.2 Not Subject to Grievance Procedure. 9
ARTICLE 8: COMPENSATION 9
8.1 Salary Increase 9
8.2 Salary Advancement—Full-time Employees 10
8.3 Salary on Promotion. 10
8.4 Salary on Demotion 11
8.5 Salary on Reinstatement 11
8.6 Salary on Transfer 11
8.7 Salary on Position Reclassification 11
8.8 Special Salary Adjustments 12
8.9 Overtime 12
8.10 Other Compensatory Time Off 12
8.11 Call Out Pay 12
8.12 Compensation for Layoff 12
8.13 Compensation During Suspension 12
8.14 Salary on Voluntary Demotion. 13
8.15 Compensation for Temporary Assignment to Higher Classification 13
8.16 Bilingual Pay 13
8.17 Special Assignment Pay 14
8.18 Compensation for Vehicle Use 14
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8.19 Restitution 14
8.20 Correcting Errors in Salary Rate and Other Provisions 14
8.21 Certification and Education Incentives 15
8.22 Police Employee Court Appearance Time. 15
8.23 Management Incentive Pay 15
ARTICLE 9: RECRUITMENT AND SELECTION 15
9.1 Physical Requirements 15
9.2 Separation 16
9.3 Voluntary Demotion 16
ARTICLE 10: PROBATION 16
10.1 Probation Period 16
10.2 Probation on Reinstatement 16
10.3 Objective of Probationary Period 16
10.4 Satisfactory Completion of Probation Period 16
10.5 Unsuccessful Probation Period 17
10.6 Unsuccessful Reinstatement Probation 17
10.7 Probation Following Layoff 17
ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES 17
11.1 Purpose of Layoffs 17
11.2 Order of Layoff 17
11.3 Abolishment of Position(s). 18
11.4 Layoff Appeal 18
11.5 Reinstatement List 18
ARTICLE 12: ATTENDANCE AND LEAVES 18
12.1 Attendance At Work; Absence Without Leave 18
12.2 Automatic Resignation. 18
12.3 Hours of Work 19
12.4 Work Week 20
12.5 Leave of Absence; Continuation of Benefits 20
12.6 Military Duty 21
12.7 Vacation Leave 21
12.8 Compensatory Time Off 22
12.9 Holiday-in-Lieu Pay and Observation of Holidays 22
12.10 Jury Duty 23
12.11 Bereavement Leave 23
12.12 Family Medical Leave 23
12.13 Sick Leave 23
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12.14 Sick Leave Accrued Limit and Payoff. 24
12.15 Sick Leave Conversion 24
12.16 Effect of Absence on Sick Leave 25
12.17 Family Illness Leave 25
12.18 Unauthorized Leave 25
12.19 Catastrophic Leave Donation 25
ARTICLE 13: GRIEVANCE PROCEDURE 26
13.1 Matters Subject to Grievance Procedures 26
13.2 Informal Grievance Procedure 26
13.3 Formal Grievance Procedure 27
13.4 Appeal to the City Manager 27
13.5 Extension of Time Limitations 27
ARTICLE 13.A DISCIPINE AND APPEALS PROCEDURES 27
13.A.1 Standards of Conduct 27
13.A.2 Improper Employee Conduct 27
13.A.3 Disciplinary process 27
13.A.4 Hearings,Appeals and Grievances 29
ARTICLE 14: EMPLOYEE REPORTS AND RECORDS 31
14.1 Personnel File. 31
14.2 Disclosure of Information 32
ARTICLE 15: EDUCATION INCENTIVES 32
15.1 Education Incentives 32
ARTICLE 16: FRINGE BENEFITS 32
16.1 Enrollment in Group Insurance Plans 32
16.2 Public Employees' Retirement System 34
16.3 Uniform/Equipment Allowances 34
16.4 Deferred Compensation 35
16.5 Long Term Disability Income,Accidental Death and Dismemberment 35
16.6 Life Insurance 35
16.7 Group Health Plan Continuation upon Retirement 35
16.8 Additional Retirement Benefit 37
16.9 PERS 1959 Survivor Benefit 37
ARTICLE 17: AGREEMENT ALL INCLUSIVE 37
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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CATHEDRAL CITY AND THE
CATHEDRAL CITY POLICE MANAGEMENT ASSOCIATION
This Memorandum of Understanding is entered into with reference to the following facts:
A. The Cathedral City Police Management 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:
Sergeant
Commander
Dispatch/Records Supervisor
Dispatch Supervisor
B. Representatives of the Cathedral City Police Management Association (hereinafter
sometimes referred to as "CCPMA") and the City of Cathedral City(hereinafter sometimes
referred to as the "City") have met and conferred in good faith on wages, hours, and other
terms and conditions of employment for the employees represented by CCPMA in the
bargaining unit listed above and have reached agreements which are set forth in this
Memorandum of Understanding (hereinafter sometimes referred to as the "MOU" or
"Agreement"). The parties have fully discharged their obligations to each other pursuant
to the Meyers-Milias-Brown Act ("MMBA," Gov. Code § 3500 et.seq.) for all matters
within the scope of representation for the term of this 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 and by majority vote of
the bargaining unit of employees represented by CCPMA.
Subject to the foregoing limitations, CCPMA and the City agree as follows:
ARTICLE 1: MAINTENANCE OF MEMBERSHIP; CONTRACT BAR; PETITIONS FOR
DECERTIFICATION
The Association will maintain records of employee authorizations for dues deductions and shall
provide the City with information regarding the amount of dues deductions and the list of
Association members who have authorized dues deductions. To the extent required by the
Government Code, the City shall rely on the information provided by CCPMA and deduct those
authorized Association dues.
The Association agrees to indemnify and hold the City of Cathedral City harmless from any
liabilities of any nature which may arise as a result of the application of provisions of this Article.
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ARTICLE 2: 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 3: STRIKES AND/OR JOB ACTIONS
CCPMA, on behalf of all of its members, agrees that neither CCPMA, nor its representatives, nor
members of the CCPMA, shall engage in, cause, instigate, encourage, or condone a strike or job
action of any kind during the term of this Agreement.
ARTICLE 4: SUCCESSOR NEGOTIATIONS
Representatives of the City and CCPMA shall commence negotiations for a successor Agreement
within a reasonable period of time prior to the expiration of this Agreement. The parties shall
also make a good faith effort to conclude said negotiations prior to the expiration of this
Agreement.
ARTICLE 5: TERM
The term of this Agreement shall be from July 1, 2019 through June 30, 2022. Except as otherwise
agreed to in this Agreement, this Agreement shall not be reopenable for any purpose except by
mutual agreement of the parties or except as set forth in the side letters of agreement that are
simultaneously entered into with this Agreement regarding(1) a classification and compensation
study of the Police Commander classification , and (2) integration of the Dispatch Supervisor
classification into the CCPMA.
Unless otherwise provided for in this Agreement, all financial changes go into effect during the
pay period in which the City Council approves the Agreement.
ARTICLE 6: GENERAL PROVISIONS
6.1 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, or national origin, religious
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creed, ancestry, age, sex, marital status, physical disability, mental disability, medical
condition, pregnancy, child birth or related medical condition, sexual orientation,
domestic partnership status or religious opinion or affiliation, and and/or other legally
protected status.
6.2 Safety and Health. Each employee 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. Special equipment, if it is required, shall be provided by the City.
6.2.1 Intoxicating Substances. Employees shall avoid using intoxicating substances at
least eight (8) hours prior to reporting to the scheduled work shift and at any time
during the work day, including lunch or dinner breaks, except when necessary to
conduct an approved investigation. Employees shall not have in their possession
any intoxicating substances while on duty, unless the possession of such
substances is in the course of their duties. No employee shall be on duty while
impaired for the performance of duty or under the influence of alcohol, any
unlawful drug or any controlled substances, or otherwise be in violation of the
department's drug and alcohol policy.
6.2.2 Safety Equipment. Any safety equipment required by the City or by OSHA
regulations shall be provided and replaced by the City; an employee will be
responsible for replacement of equipment damaged through abuse.
6.3 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 the prior approval of 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 permitted by the City Manager or designee, State and Federal
laws, MOU, or Council resolution.
6.4 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:
a. Involves receipt or acceptance by the employee of any money or other
consideration from anyone other than the City for the performance of an act
which the employee, if not performing such act, would be required or expected to
render in the regular course of his or her City employment as a part of his or her
duties as a City employee; or,
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b. 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,
c. 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,
d. Involves such time demands as would render performance of his or her duties as
a local agency officer or employee less efficient; or,
e. 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,
f. 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.
6.5 Improper Use of City Equipment Prohibited. No City-owned equipment, autos, trucks,
instruments, tools, supplies, machines, badges, patches, identification cards, or other
items which are the property of the City shall be used by an employee except upon prior
approval of the employee's department head or appointing power or designee duly
authorized to give such approval.
6.6 Political Activity. Except as necessary to meet requirements, if any, of Federal law, no
restrictions shall be placed on the political activities of any officer or employee of the City
of Cathedral City other than the following:
a. Use of office, authority or influence to obtain change in position or compensation.
No employee shall, directly or indirectly, use, promise, threaten or attempt to use
his or her office, authority or influence, to secure, or to obstruct or prevent
another person from securing, any position, nomination, confirmation,
promotion, or change in compensation or position within the City, upon the
condition that his or her vote or another's vote, influence or action shall be given
or used on behalf of, or withheld from, any candidate, officer, or party, or upon
any other corrupt condition or consideration. (Government Code Section 3204.)
b. Soliciting political funds or contributions from other officers or employees. No
employee shall directly or indirectly solicit political funds or contributions from
other employees of the City. The employee, however, is not prohibited from
communicating through the mail or by other means, requests for political funds
or contributions to a significant segment of the public which may include officers
or employees of the City. (Government Code Section 3205.)
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c. No employee shall engage in political activity during working hours nor engage in
political activities at any time on City premises. (Government Code Section 3207.)
d. No employee of the City may engage, during his or her working hours, in the
solicitation or receipt of political funds or contributions to promote the passage
or defeat of a ballot measure which would affect the rate of pay, hours of work,
retirement, civil service or other working conditions of the employees of the City;
nor shall entry be permitted into the workplace during working hours for those
purposes. (Government Code Section 3209.)
e. Employees, the City and CCPMA shall in all other respects comply with the
provisions of Government Code sections 3201-3209.
6.7 Criminal Conviction — Ineligibility for Employment. Except as otherwise hereinafter
provided, no person convicted of a felony,or of a misdemeanor involving moral turpitude,
shall be eligible for employment in the service of the City; provided, however, that the
City Manager may disregard such conviction, if he or she finds and determines that
mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation,
length of time elapsed since such conviction, the age of the person at the time of
conviction, or the fact that performing within the classification applied for would not be
affected by the conviction.
The City Manager and his or her authorized designees are hereby authorized to have
access to the "State Summary Criminal History Information" as provided for in Section
11105 of the California Penal Code, in order to enable the City Manager to fulfill his or her
duties in the employment, supervision and termination of City employees.
6.8 Tobacco Products. City employees are encouraged not to consume tobacco products as
they are proven detriment to health, safety and productivity. Tobacco use is not allowed
in City buildings. Tobacco use is not permitted while on duty if prohibited by existing
department rules. Tobacco use is not permitted in City vehicles or other City equipment.
ARTICLE 7: MANAGEMENT RIGHTS
7.1 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 and to exercise its management rights without the obligation to meet
and confer over the decision to exercise any retained management rights, which include,
but not be limited to:
a. the exclusive right to determine the mission of its constituent departments,
commissions, and boards;
b. set standards and levels of service;
c. determine the procedures and standards of selection for employment and
promotions;
d. direct its employees;
e. establish and enforce dress and grooming standards;
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f. determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons;
g. maintain the efficiency of governmental operations;
h. determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted;
determine the content and intent of job classifications;
j. determine methods of financing;
k. determine style and/or types of City-issued wearing apparel, equipment or
technology to be used;
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;
m. 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;
n. 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;
o. establish and modify productivity and performance programs and standards;
p. discharge, suspend, demote, reprimand, withhold salary increases and benefits,
or otherwise discipline employees in accordance with applicable law;
q. establish 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
r. exercise complete control and discretion over its organization and the technology
of performing its work.
7.2 Not Subject to Grievance Procedure. The exercise by the City through its Council and
management representatives of its management rights as set forth above shall not in any
way, directly or indirectly, be subject to the grievance procedure. The City shall, on
request of CCPMA, meet and confer on the impact, if any, of the exercise of any
management rights. This, however, will not in any manner limit the city's prerogative to
exercise any retained management right.
ARTICLE 8: COMPENSATION
8.1 Salary Increase. Employees shall receive the following across-the-board increases during
the term of this agreement, effective the first full payroll period following the following
designated dates:
Effective during the pay period Council approves this MOU —3.0%
Effective following 7/1/2020—3.0%
Effective following 7/1/2021—3.0%
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8.2 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:
a. Advancement to a next higher merit increase step may be made after a twelve
(12) month interval from the hire date or from the effective date of the
employee's last increase, and for continued satisfactory service. A merit increase
based on educational or P.O.S.T. Certificate Achievement shall not change the
otherwise effective merit review date.
b. At the time of each employee's next merit review, as extended, advancement to
a next higher merit increase step may be made. Thereafter, advance to a next
higher merit step increase may be made after a twelve (12) month interval from
the hire date or the date of the last merit increase, whichever is most recent, for
continued satisfactory service.
c. Except for the extension of the merit review date as specified in subparagraph a,
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 Human Resources Manager. 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.
d. Except for the extension of the merit review date as specified in subparagraph a,
advancement to merit step 6 and above 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 and efficient service and continued improvement by the employee in
the effective performance of the duties of his or her position.
e. A 7.5% longevity pay adjustment shall occur after fifteen (15) years of City
employment, and a 5% longevity pay adjustment shall occur after twenty (20)
years of City employment. Further, a 2.5% longevity pay adjustment shall occur
after twenty-five (25) years of City employment, effective 07/01/2015.
f. Employees hired on or after January 1, 2013 are not eligible for longevity
provisions described in Section e. above.
g. The parties agree that,to the extent permitted by law(2 CCR section 571 and 2CCR
section 571.1), longevity pay shall be reported to CaIPERS as special compensation
or pensionable compensation.
8.3 Salary on Promotion. Effective July 1, 2019 any employee promoted to Sergeant will be
placed at the step that provides a minimum of 15% increase over their prior base rate of
pay at the time of promotion. Effective July 1, 2019, any employee promoted to
Commander will be placed at the step that provides a minimum of 10%increase over their
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base rate of pay at the time of promotion. No employee may be given a new base rate of
pay that exceeds the highest merit/longevity increase step of the new range. The
employee's merit review date shall change to the effective date of the promotion for
consideration in subsequent years. "Base rate of pay" is the salary provided to the
employee based on his/her step placement in the then-current publicly-available pay
schedule, and shall not include any specialty pays, stipends, or other enhancements or
increases that the employee may be entitled to in the position the employee holds prior
to promotion.
8.4 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 to or less
than the highest merit increase step of the salary range of the employee's position.
8.5 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 a salary 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.
8.6 Salary on Transfer. Any employee who is transferred from one position to another
position in the same class, or to another position in a classification having the same salary
range, shall be compensated at the same step in the salary range as the employee
previously received. The employee's merit review date shall not change.
8.7 Salary on Position Reclassification. When an employee in the classified service is
reclassified to a lower classification, the employee shall retain his or her rate of pay and
his or her merit review date or shall be placed in the step of the lower salary range closest
to the employee's salary rate. If the last step of the salary range of the lower job class is
lower than the employee's salary rate, the current salary step shall be identified as Step
"Y" because of a downward reclassification, and the employee shall remain in the Step
"Y" until such time as his or her job is assigned to a salary range in which the highest step
is equivalent to or higher than the Step "Y", at which time the employee shall be placed
in the next higher step. Such employee shall not receive annual or other periodic salary
adjustments until such time as Step "Y" is equivalent to or less than the highest step of
the salary range of the employee's reclassified position. When an employee is reclassified
to an equivalent classification, the employee shall retain his or her salary rate and merit
review date. When an employee is reclassified to a higher classification, the employee
shall be placed on Step A in the new higher range or placed at the step which is a minimum
5% salary increase for the employee, not to exceed the highest merit increase step of the
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new range. The employee's merit review date shall change to the effective date of the
reclassification for consideration in subsequent years.
8.8 Special Salary Adjustments. A department head may recommend in writing, to raise an
employee's salary step to a higher merit/longevity 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.
8.9 Overtime. A department head may require an employee to work beyond the employee's
regular hours of employment. Any overtime hours worked by the Dispatch/Records
Supervisor, Police Sergeants, and Police Commanders will be paid overtime at the rate of
one and one-half (1 X) times the employees regular rate of pay or, compensatory time
may be taken if the maximum accrual will not be exceeded (see Section 12.8).
8.10 Other Compensatory Time Off. The City Manager may grant compensatory 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.
8.11 Call Out Pay. For Police Commanders only, the City shall pay for any call out during any
weekend or after hours call out if the employee had been released from work on a normal
business day. Dispatch/Records Supervisors, and Police Sergeants receive regular
compensation for call-outs (including overtime, if applicable).
8.12 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 overtime.
Payment shall also be made under the provisions of Section 12.14, if a laid off employee
has three (3) or more years of employment with the City. Accrued sick leave shall be
restored to an employee if the employee is re-employed within one (1) year. Should an
employee be re-employed 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 re-
employed within a period of one (1) year shall retain their assigned merit review dates.
Regular employees who are re-employed after a period of one (1) year will be assigned a
new merit review date.
8.13 Compensation During Suspension. An employee who is suspended with pay under the
disciplinary procedures shall be paid normal salary at that salary rate that the employee
was entitled to prior to the suspension. An employee who is suspended without pay
under the disciplinary procedures shall not be paid for those specific days of suspension.
Additionally, an employee suspended without pay shall not accrue sick leave, vacation,
seniority or other benefits during a suspension of more than fifteen (15) working days,
except that health and life insurance benefits will be maintained.
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8.14 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 to or less than the highest step of the salary range of the
employee's position.
8.15 Compensation for Temporary Assignment to Higher Classification. An employee may
receive adjusted compensation of five percent(5%)of their base rate of salary 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 fifteen (15) consecutive working days or more.
Employees may not be assigned to work in a higher classification for longer than six (6)
months. An extension of this time may be approved in writing with the concurrence of
the Police Chief and the Human Resources Manager for up to an additional six (6) months,
for a total term of twelve (12) months. However, when an appointment is made under
this section due to a position that is vacant and is scheduled to be filled following the
completion of a recruitment process, the temporary out-of-class assignment is limited to
960 hours in a fiscal year.
Employees who are assigned to work in a higher classification under this section will be
notified that this placement is temporary, and that after the assignment, they will be
returned to their regular position. At the end of the term of assignment to a higher
classification, the employee will be returned to the rate of pay in the classification and
step they would have achieved if they were never assigned to the out of class position.
Employees on any form of leave time in excess of 15 consecutive calendar days shall be
deemed not to be assigned to the higher classification and shall be ineligible to receive
the additional compensation under this section until the employee returns to duty and is
reassigned to temporary assignment in a higher classification.
The parties agree that,to the extent permitted by law (2 CCR section 571), compensation
for working at a higher assignment shall be reported to CaIPERS as special compensation
for Classic CaIPERS members.
8.16 Bilingual Pay. Employees who have the ability to fluently converse in Spanish or another
language designated by the Police Chief may be designated as a bilingual employee
required to use their skills as a part of their City employment. This designation must be
made by the Chief of Police or designee and approved by the City Manager or designee in
writing. Designated employees shall receive bilingual compensation in the amount of
$200 per pay period unless or until said compensation is voluntarily eliminated by the
CCPMA I July 1, 2019—June 30, 2022 13
employee. An employee's refusal to use bilingual skills will result in the elimination of the
bilingual pay. Eligible employees must successfully complete an initial assessment and
subsequent biannual assessments to receive such designation. Changes to the
assessment process are subject to meet and confer.
Employees on any form of leave time in excess of 15 consecutive calendar days shall be
deemed not to be using their bilingual skills on a regular basis and shall be ineligible to
receive bilingual pay until the employee returns to duty.
The parties agree that, to the extent permitted by law (2 CCR section 571 and 2 CCR
section 571.1), bilingual pay shall be reported to CaIPERS as special compensation or
pensionable compensation.
8.17 Special Assignment Pay. Sergeants who are assigned by the Police Chief to designated
Special Assignments will be eligible for an additional $250.00 per pay period while
assigned to the Special Assignment. Special Assignments are temporary in nature. The
following are the approved special assignments:
8.17.1 Detective
8.17.2 Police Administrative Officer/ Professional Standards
8.17.3 Police Liaison Premium/Homeless Liaison
8.17.4 Narcotics
8.17.5 Special Operations
8.17.6 PACT Team (will be eliminated January 1, 2020)
The parties agree that, to the extent permitted by law (2 CCR section 571 and 2 CCR
section 571.1), special assignment pay shall be reported to CaIPERS as special
compensation or pensionable compensation.
8.18 Compensation for Vehicle Use. Compensation for an employee's use of his/her personal
vehicle shall be in accordance with the City's Travel Expenses Policy.
8.19 Restitution. An employee may be required in a manner approved by the City Manager to
provide restitution to the City for willful,wanton or malicious destruction of City property.
Restitution shall be treated as a disciplinary matter.
8.20 Correcting Errors in Salary Rate and Other Provisions. Should an employee be paid on the
basis of a higher step in the salary range for his or her class than that 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 of the overpayment caused by
said error shall be made by one of the following methods or a combination thereof:
a. Application of accrued equivalent time off for overtime service;
b. Application of equivalent time off for overtime service earned during the time
immediately following the date of the discovery of said error;
CCPMA I July 1, 2019—June 30, 2022 14
c. Application of the increase in the employee's salary following his or her next merit
or longevity merit salary increase; or
d. 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 the department head in consultation with the affected
employee, subject to the approval of the City Manager, subject to the grievance
procedures of Article 13. 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, if authorized by law. Reimbursement shall not
be sought for payments made more than one (1) year prior to discovery, unless the error
was caused by the affected employee.
8.21 Certification and Education Incentives.
a. Dispatch/Records Supervisor. Dispatch/Records Supervisors who successfully
completed a P.O.S.T.-approved civilian supervisory course and have served at least
two (2) years in grade shall be compensated with a $215 stipend per pay period.
In addition, Dispatch/Records Supervisors who possess a Bachelor of Arts or
Bachelor of Science degree shall be compensated with a $215 stipend per pay
period.
b. Police Sergeants. Police Sergeants who possess a P.O.S.T. Supervisory certificate
shall be compensated with a $250 stipend per pay period. Police Sergeants who
possess a Bachelor of Arts or Bachelor of Science degree shall be compensated
with a $250 stipend per pay period.
c. Police Commanders. Police Commanders who possess a P.O.S.T. Management
certificate shall be compensated with a $295 stipend per pay period. In addition,
Police Commanders who possess a Master's degree shall be compensated with a
$295 stipend per pay period.
8.22 Police Employee Court Appearance Time. A Police Sergeant and/or Commander who is
scheduled to appear in Court during non-duty hours shall be paid for a minimum of four
(4) hours for such appearance at his or her overtime rate.
8.23 Management Incentive Pay. The City shall pay Police Commanders 1.55 hours per pay
period of additional compensation as management incentive pay. The management
incentive pay for Police Commanders shall not exceed forty (40) hours per year.
ARTICLE 9: RECRUITMENT AND SELECTION
9.1 Physical Requirements. The City Manager may require that each applicant and employee
be in such physical and mental condition as reasonably necessary to properly perform the
duties of his or her 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
CCPMA I July 1, 2019—June 30, 2022 15
the job adequately or without hazard to himself/herself or others. Within the limitations
indicated, the City's policy shall be to make such efforts as are consistent with the
provisions of this Agreement to place physically disabled employees in such positions as
are available in the City service for which they are qualified, where their disabilities will
not substantially interfere with their performance of duties. The employee's
qualifications, length of service, nature of past performance and the availability of
openings may be considered in placing disabled employees. The City shall make
reasonable accommodations for disability, as required by law.
9.2 Separation. An employee in the classified service may be separated from employment
with the City through retirement, for mental or physical inability to perform the duties of
the job, resignation, probationary failure, death, dismissal, or layoff. An employee
choosing 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. (Failure to present the resignation in advance as specified shall justify
a decision by the Human Resources Manager to note on the personnel file that the
employee is not eligible for rehire.) The resignation shall be immediately reported to the
Human Resources Manager. The other forms of separation described above are
explained elsewhere in this MOU. Prior to separation, an employee must return all City
items issued to him/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.
9.3 Voluntary Demotion. An employee may request a voluntary demotion under the
disciplinary procedures, in lieu of other discipline, or for reasons stated in a special
request to the City Manager. The City Manager shall have full discretion in determining
whether to approve such request. The employee will be placed in the top step of the
salary range for the position to which the employee demotes.
ARTICLE 10: PROBATION
10 1 Probation Period. The initial probationary period for full-time employees of the City
covered by this Agreement is twelve (12) months. Any employee promoted to a higher
level shall serve a probationary period of twelve (12) months before the promotion is
final.
10.2 Probation on Reinstatement. Except as otherwise provided, in a written agreement, a
reinstated employee serves a new probationary period of six (6) months. Reinstatements
will not be permanent until the successful completion of this probationary period.
10.3 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.
10.4 Satisfactory Completion of Probation Period. If a probationary employee's probation
period has been satisfactory, and advancement to regular status is warranted, the
CCPMA I July 1, 2019—June 30, 2022 16
department head shall so recommend on a Personnel Action Form together with a
performance evaluation submitted to the Human Resources Manager. 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.
10.5 Unsuccessful Probation Period. If a probationary employee's initial 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 release of the employee without
cause and without the right of appeal or grievance, unless otherwise required by law,
except that a probationary promotional employee, shall be returned to the position from
which he or she had been promoted. Notification of failure of probation or other action
shall be in writing and shall be given to the probationary employee prior to release from
employment for any initial probationary employee, or return to the former position for a
promotional probationary employee.
10.6 Unsuccessful Reinstatement Probation. If a probationary employee's performance
following reinstatement has not been satisfactory, it shall be so stated in a performance
evaluation. In cases involving reinstatement, the City Manager upon receipt of a
performance evaluation, may authorize the release of the employee under the provisions
of Section 10.5.
10.7 Probation Following Layoff. Employees laid off while on probation must serve a new
probationary period following re-employment.
ARTICLE 11: EMPLOYEE LAYOFF PROCEDURES
11.1 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.
11.2 Order of Layoff. In the event of a layoff the following order shall be followed:
a. Temporary, interim and probationary employees.
b. In the case of the Police Department,the order of layoff shall be determined based
on seniority in rank.
c. There shall be "bumping" rights within the CCPMA membership within the
department, such that individuals in higher-ranking positions, if meeting the
criteria in subsection b above, will "bump" into a lower rank if layoffs occur.
d. For those members of the Association who are laid off, the City shall provide
severance pay in an amount equal to three months' salary.
e. For those members of the Association who may be laid off, the City shall be
obliged to return them to the position from which they were laid off if an opening
in that position should occur, within one year of the effective date of the layoff.
CCPMA I July 1, 2019—June 30, 2022 17
1.1.3 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 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. In this order,temporary,
interim and probationary employees shall be laid off prior to the layoff of any regular
employee within the same classification in the department.
11.4 Layoff Appeal. A regular employee shall have the right to request review on appeal. 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.
11.5 Reinstatement List. In the event of layoff of permanent employees, the employee shall
be carried for up to one (1) year on a reinstatement list, and shall be entitled to re-
employment consideration for any position for which he or she is qualified. Placement
on such list does not assure re-employment for any particular vacancy, but does assure
eligibility for consideration. Any reinstated employee shall serve an initial probationary
period as specified in Section 10.1.
ARTICLE 12: ATTENDANCE AND LEAVES
12.1 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 Administrative Services Director, or his or her designee, 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.
12.2 Automatic Resignation. Absence without leave,whether voluntary or involuntary,for five
(5) consecutive working days, is an automatic resignation from City employment, as of
the last date on which the employee worked. Any employee who fails to report for work
within forty-eight (48) hours after delivery of a notice as specified in Section 12.1 above,
who by the expiration of the forty-eight (48) hours has missed or will have missed five (5)
or more consecutive working days, 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 Human Resources Manager that such an absence has
CCPMA I July 1, 2019—June 30, 2022 18
occurred, and that the employee has resigned, notice of the deemed automatic
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 automatically 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 for reinstatement to occur, shall find that
the employee is ready, able and willing to resume the performance 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 the Disciplinary section of the City's Human Resources
Policies. 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.
12.3 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.
Unless otherwise authorized by the City Manager, the City offices shall be kept open for
regular business on all days of the year except Friday, Saturday, Sunday and holidays
approved by Council. Employees for whom necessity requires a different regular work
schedule than that generally applied, shall work according to a work schedule approved
by the employee's department head.
12.3.1 Work Schedule Affecting Association Members of the Police Department Assigned
to Patrol. A 3/12 work schedule is in place for Police Sergeants assigned to teams.
Operations Manager and specifically designated assignments work a 4/10 work
schedule. The Chief of Police will evaluate schedules continuously for
effectiveness and cost-savings, and may modify or cancel schedules at his sole
discretion with 180 days' notice except for emergency situations or to ensure
appropriate coverage.
CCPMA I July 1, 2019—June 30, 2022 19 I P a g e
The parties agree that if the Cathedral City Police Officers Association agrees to
modify their schedules from a 3/12 to a different schedule, then Sergeants
assigned to Patrol will shift the same schedule as the CCPOA. The City agrees that
any such change will allow for a minimum of 180 days' notice to affected
Sergeants.
12.3.2 Work Schedule; Police Sergeants; Administrative Duties. Police Sergeants shall be
regularly scheduled to work eighty (80) hours during a two (2) week pay period
(FLSA 7k exemption). Police Sergeants also may be assigned up to, but no more
than, six (6) additional hours of work to provide time for administrative duties,
payable at a Sergeant's regular hourly rate. Such administrative duties may
include, but are not limited to, preparation of patrol briefings, specialized projects,
specialized details or assignments, community presentations, department training
assignments and/or other responsibilities which are administrative in nature. This
time represents discretionary administrative time and is not meant to replace
scheduled overtime or unanticipated overtime that is not administrative in nature.
12.4 Work Week. The work week begins at 12:01 am Sunday and ends at Midnight the
following Saturday (seven [7] consecutive days)
12.5 Leave of Absence; Continuation of Benefits. 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 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 accrue no vacation 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 the City 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 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
CCPMA I July 1, 2019—June 30, 2022 20
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.
12.6 Military Duty. Military leave of absence shall be granted in accordance with State and
Federal law, and resulting administrative provisions developed by the City.
12.7 Vacation Leave.
12.7.1 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 5 years 4.62 120
6 to 9 years 5.54 144
10 to 14 6.46 168
15 years or more 8.31 216
12.7.2 Vacation Accumulation; Cashing Out Option. Employees are encouraged to use
their accrued vacation time annually and will be allowed to use their accrued
vacation regardless of any impact on overtime. 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 credited holiday 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.
12.7.3 Holidays or Illness Within Vacation Period. Holidays falling within the vacation
period shall not be considered as part of the employee's vacation and shall not be
charged against vacation credits. 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.
12.7.4 Vacation Credits When Employment Terminates. Upon termination of
employment, an employee shall be paid for unused vacation credits.
CCPMA I July 1, 2019—June 30, 2022 21
12.7.5 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 month, in which case the time of said absence (unless
such absence is for vacation being used) shall be excluded from computation.
12.8 Compensatory Time Off. Any employee who is a member of the bargaining unit
represented by CCPMA shall be authorized to accumulate, to the extent allowed by the
Fair Labor Standards Act, up to one hundred twenty (120) hours of compensatory time
(i.e., 80 hours of overtime at time and one-half). The accumulation of such hours shall be
in accordance with the rules established by the Chief of Police. If an employee has more
than one hundred twenty (120) hours of"comp" time on the books, over-time work shall
be paid. Unit members shall be authorized to accumulate 120 hours of compensatory
time off and will be required to cash out or use compensatory time in excess of 80 hours
by July 1 of each year. Each November, at the option of the employee, all unused "comp"
time on the City's records may be cashed out by separate check. The City recognizes the
vested nature of such accumulated hours. The use of compensatory time off shall be
taken by the employee, if the employee so elects, only at a time satisfactory to the
department head.
12.9 Holiday-in-Lieu Pay and Observation of Holidays. Police Sergeants and Commanders do
not receive holiday leave, and holidays are not observed. These employees may be
required to work on a holiday without any enhanced compensation or consideration. In
lieu of receiving Holiday leave, Police Sergeants and Commanders will receive Holiday-in-
lieu pay in the amount of 5.75% of a Commander's base rate of pay, and 6.0% of a
Sergeant's base rate of pay.
The following paid holidays are recognized by the City for the Dispatch/Records
Supervisor:
a) January 1 (New Year's Day)
b) Third Monday in January (Dr. Martin Luther King, Jr. Day)
c) Third Monday in February 12 (President's Day)
d) Third Monday in February (Washington's Birthday)
e) Last Monday in May (Memorial Day)
f) July 4 (Independence Day)
g) First Monday in September (Labor Day)
h) November 11 (Veterans Day)
i) Fourth Thursday in November (Thanksgiving Day)
j) Friday following Thanksgiving Day
k) December 25 (Christmas Day)
I) In addition, employees shall be credited with 1 floating holiday, credited
January 1.
m) Any day declared to be a holiday by proclamation of the Mayor.
Holidays falling on Sunday will be observed on the following Monday. Holidays falling on
Saturday shall be observed on the preceding Friday. The Dispatch/Records Supervisor will
be paid at time and one-half for the total hours worked on a City Holiday when acting in
CCPMA I July 1, 2019—June 30, 2022 22
the capacity of a Dispatcher (not Dispatch/Records Supervisor). This is in addition to
holiday pay.
12.10 Jury Duty. An employee summoned to and serving on jury duty shall submit evidence of
the Summons to the department head. 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 department head. The employee shall be entitled
to retain juror fees as reimbursement for expenses associated with jury duty. Employees
working rotational shifts such as swing or grave, who are summoned for jury duty, shall
request an exemption from or a postponement of such jury duty. If that request is denied,
the City, the department, and the employees association shall join in efforts to obtain the
exemption or postponement. If the request is still denied, the situation will be addressed
on a case-by-case basis. Those employees who work shifts slightly off the normal jury
duty scheduled will have their shifts adjusted to match that of jury duty.
12.11 Bereavement Leave. Bereavement leave with pay, not to exceed three (3) days per year,
shall be allowed for full-time employees at the discretion of the City Manager. If the
employee needs additional time off due to the death of a member of the employee's
immediate family, said time off shall be taken from the employee's accrued sick leave.
Leave shall be based on demonstrated need and shall be limited to death within the
immediate family. The immediate family is defined as the employee's mother, father,
brother, sister, spouse/domestic partner, children, grandparents, and legal guardians, or
any in-law bearing one of those relationships to the employee's spouse/domestic partner.
12.12 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.
12.13 Sick Leave. 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. Employees shall be eligible to use sick leave to attend to a seriously ill parent,
child, spouse or domestic partner to the extent allowed by Labor Code section 233.
All regular full-time employees working a 40-hour work week shall be credited with 3.69
hours of sick leave per pay period, or major fraction thereof. Accrued sick leave may be
used for illness of the employee or physical incapacity of the employee, or for physical
examinations, including eyes, dentist appointments or other commonly accepted health
related matters.
If an absence because of illness or disability extends beyond two (2) consecutive
scheduled work days 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 to the
department head before the employee is eligible to receive sick leave pay.
CCPMA I July 1, 2019—June 30, 2022 23
Observed holidays occurring during sick leave shall not be charged against an employee's
accrued sick leave.
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/she has accrued, he/she then
shall have the vacation days he/she has accrued deducted for each day he/she is absent
due to illness. Vacation days shall continue to be deducted until the employee either
returns to work or all of accrued vacation days are used. The employee may apply to
receive a leave of absence without pay if the employee does not have any accrued
vacation or sick days.
12.14 Sick Leave Accrued Limit and Payoff.
Tier One 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 960 hours unused sick leave; sick
leave over the maximum will be paid out in November of each year. 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. His or her compensation in cash shall
be at straight time rate and may be paid at the discretion of the City Manager.
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 base salary rate.
Employees hired on or after January 1, 2013 may accrue sick leave without limit, but may
not cash out unused sick leave.
12.15 Sick Leave Conversion. Tier One employees with at least three (3)years employment with
the City may at their option convert accrued sick leave in excess of one hundred twenty
(120) hours to be vacation days in accordance with the following schedule:
Employees with more than three (3) Two (2) hours of sick leave to one (1)
year's employment with the City hour of vacation
Employees hired on or after January 1, 2013 may not cash out sick leave or convert sick
leave to vacation leave. Instead, sick leave may be converted to PERS service credit upon
retirement.
CCPMA I July 1, 2019—June 30, 2022 24 I
12.16 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.
12.17 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 City
Manager 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. The
immediate family is defined as mother, father, brother, sister, spouse, domestic partner,
children, grandparents, in-laws and legal guardians. Where the employee and reason for
leave qualify,the employee will be eligible for leave under FMLA and the California Family
Rights Act (CFRA) and be subject to all of the rights and obligations under both FMLA and
CFRA.
12.18 Unauthorized Leave. Any employee who is absent from work without approved leave
shall be subject to termination.
12.19 Catastrophic Leave Donation. Circumstances may arise where an employee or the
employee's immediate family may suffer an unforeseen 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:
12.19.1 Employee's Own Personal Extended Illness. An employee who is suffering from
a serious illness or a serious accident may have sick leave donated to cover the
cost for the City-provided health insurance upon expiration of family medical
leave. This leave donation shall only cover the cost of any insurance plan offered
by the City and shall not be used for salary.
12.19.2 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 time off from work to care for
that family member.
12.19.3 Leave Donation Eligibility Procedures.
12.19.3.1 The employee seeking leave donation must have exhausted all available
leave, sick leave, vacation leave and compensatory leave.
12.19.3.2 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.
12.19.4 Leave Donation Procedure.
12.19.4.1 The donation of leave is voluntary and is irrevocable once donated.
CCPMA I July 1, 2019—June 30, 2022 25 I P a g e
12.19.4.2 Employees wishing to donate leave will submit to the Human Resources
Office an authorization for transfer of leave form.
12.19.4.3 Employees may donate accrued sick leave in excess of 96 hours with a
maximum donation of eight (8) hours of sick leave.
12.19.4.4 Employee may donate a maximum of eight (8) hours of accrued vacation
leave.
12.19.4.5 The donated leave will be put into a "Catastrophic Leave" account and
can only be used to care for the immediate family member or to pay for
the cost of insurance offered by the City for those persons suffering
from a personal illness for which the leave was donated.
12.19.4.6 Donated leave will be credited to the "Catastrophic Leave" account on
an hour-for-hour basis. In no case shall the total amount of leave
exceed eight (8) hours of sick leave and eight (8) hours vacation leave
per donor.
12.19.4.7 Any time remaining in the employee's "Catastrophic Leave" account
upon return to work will be transferred to a "Catastrophic Leave Bank"
for use by other employees who qualify under the provisions of this
Article. The "Catastrophic Leave Bank" will have a cap of 320 hours.
Any remaining leave in excess of 320 hours will be converted to a cash
value and placed in a fund for an employee program to be determined
at a later date.
12.19.4.8 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.
12.19.4.9 All donations will be maintained as confidential information.
ARTICLE 13: GRIEVANCE PROCEDURE
13.1 Matters Subject to Grievance Procedures. A grievance is a complaint by an employee that
the employee has been adversely affected due to a misinterpretation or misapplication
of this MOU, or, where a grievance is specifically authorized in this Agreement, that the
action grieved is excessive, unduly harsh or unjustified. Disciplinary action or the appeal
of disciplinary action is not subject to the grievance procedure.
13.2 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
department head.
CCPMA I July 1, 2019—June 30, 2022 26
13.3 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 department head within ten (10) calendar
days after the occurrence of the incident in the grievance. The department head shall
meet with the employee and/or the employee's designated representative within ten (10)
working days after the department head's receipt of the written grievance. The
department head shall review the grievance and render a decision in writing and return
it to the employee and/or the employee's designated representative within ten (10)
working days after meeting with the employee.
13.4 Appeal to the City Manager. If the employee does not agree with the decision reached
by the department head, the employee may present an appeal in writing to the City
Manager within ten (10) calendar days after the employee's receipt of the department
head's decision. The appeal shall be signed and delivered to the Human Resources
Manager who shall set a meeting with the City Manager and the employee and/or the
employee's representative to discuss the grievance within ten (10) calendar days. Within
ten (10) calendar days the City Manager shall deliver a copy of the decision to the
employee and/or the employee's representative and the department head. The decision
of the City Manager shall be final, and shall not be appealable to the City Council.
13.5 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.
ARTICLE 13.A DISCIPINE AND APPEALS PROCEDURES
13.A.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.
13.A.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, violation of law and/or any City or Department rule, policy, or procedure.
13.A.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
remedy violations of law and/ or any City or Department rule, policy, or procedure. 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
law and/ or any City or Department rule, policy, or procedure. The severity of the action
CCPMA I July 1, 2019—June 30, 2022 27
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.
13.A.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 ten
(10) 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.
13.A.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 13.A.4, the City may impose a suspension
CCPMA I July 1, 2019—June 30, 2022 28
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 13.A.4.1 and shall be subject to appeal in
accordance with Section 13.A.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.
13.A.4 Hearings, Appeals and Grievances. Only discipline involving suspension, demotion or
dismissal is subject to an appeal as outlined below.
13.A.4.1 Pre-Discipline Meeting Procedures.
Prior to undertaking the personnel actions set forth in Section 13, 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 13.A.4.2.
CCPMA I July 1, 2019—June 30, 2022 29
13.A.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. This will occur at a selection meeting, to be set by the Human
Resources Director or his/her representative.
The arbitrator selection must occur within ten (10) working days after receipt
of the appeal, unless otherwise agreed to by the parties. If the employee does
not attend the arbitrator selection meeting, they must contact the Human
Resources officer within five (5) working days and provide written good cause
for missing this meeting. If no good cause is found or the employee does not
contact Human Resources, the City will deem the appeal to have been waived.
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.
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
CCPMA I July 1, 2019—June 30, 2022 30
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 CCPMA, 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.
ARTICLE 14: EMPLOYEE REPORTS AND RECORDS
14.1 Personnel File. The Human Resources Manager shall maintain,or cause to be maintained,
a personnel file for each employee of the City. Employees have the right to inspect the
contents of their respective personnel files during a scheduled appointment.
CCPMA I July 1, 2019—June 30, 2022 31
14.2 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. The City Manager or City Attorney may authorize
release of other information under subpoena or under requests based upon the Public
Records Act, upon determining that such request should be honored. Peace Officers'
personnel records shall not be released except in compliance with Penal Code Sections
832.7 and 832.8, and in compliance with Evidence Code Section 1043, unless the peace
officer specifically consents, in writing,to such release. 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, nor when
disclosure is required by any court or administrative tribunal.
ARTICLE 15: EDUCATION INCENTIVES
15.1 Education Incentives. The City shall adopt procedures under which an employee shall
qualify for educational assistance in an amount not to exceed $4,000 in any one fiscal
year, on a reimbursement basis, with a lifetime total accumulation of such assistance not
to exceed $8,000. Reimbursement shall be based upon the City reimbursing to the
employee 80% of the reasonably incurred cost of education, including tuition, fees and
books. Employees seeking reimbursement under this provision are required to receive
advance authorization of the City Manager or designee.
Education covered by this provision must be job related and taken at a licensed public or
private school or college, or a recognized training program leading to a job or professional
certification, and shall include both academic and professional certification programs.
Post-graduate programs (Master's degree programs or higher) are not covered without a
determination that the program has a relationship to the job performed by the employee,
or preparation for a promotional opportunity within the City's employment.
Reimbursement shall be made at the conclusion of a course, upon presentation of
evidence of satisfactory completion thereof (grade "C" or better), department head
review and approval of the City Manager or designee. This benefit shall be available only
for the acquisition of one (1) degree.
If an employee voluntary resigns his/her employment with the City or is terminated for
disciplinary reasons within six (6) months after receiving reimbursement under these
provisions, employee shall reimburse the City for all monies paid him/her for educational
reimbursement received dating back six (6) months from his/her termination date.
ARTICLE 16: FRINGE BENEFITS
16.1 Enrollment in Group Insurance Plans. City agrees to continue to enroll with and subscribe
to the Public Employees' Retirement Health Care Plan pursuant to the Public Employees'
Hospital and Medical Care Act (PEHMCA), Government Code Sections 22751 et seq., for
the provision of health insurance for members of the unit. The health insurance benefit
CCPMA I July 1, 2019—June 30, 2022 32
provided through PEMHCA shall be part of the cafeteria plan in accordance with IRS Code
Section 125.
Basic City Contribution. For all bargaining unit employees and retirees, the City pays the
PEMHCA statutory minimum as determined by CaIPERS under Government code Section
22892.
Supplemental City Contribution. In addition to the basic City contribution, the City shall
contribute a supplemental amount toward group insurance plan premiums to active
employees and certain retirees as described below.
The City shall offer a cafeteria plan for health, dental, vision and short-term disability.
Employees may choose a medical plan less expensive than the maximum City contribution
and may use the remaining balance to pay for dental, vision and/or short-term disability
insurance. Employees selecting plans and coverage levels with premiums that exceed the
City's maximum contribution are responsible for paying the difference through automatic bi-
weekly payroll deduction. Any amount remaining stays with the City.
Effective January 1, 2020, the City's maximum contribution toward group insurance plans,
inclusive of the CaIPERS statutory minimum for health insurance shall be:
Category Maximum City Contribution
Unit Member Only $930
Unit Member + 1 $1800
Family $2300
Unit members who elect to purchase health insurance independent of the Plan, may
withdraw from or decline to participate in the Plan by executing, in writing, an election to
withdraw from, a declination to participate in, and/or a waiver of benefits (as appropriate)
on such form as may be required by City. For medical coverage, if an employee elects to opt
out of coverage offered by the City, they must provide proof of "minimum essential
coverage" (as defined by the Affordable Care Act) through another source (other than
coverage in the individual market, whether or not obtained through Covered California). Unit
members who elect not to participate in the Plan will be reimbursed the sum of$250.00 per
month as an in-lieu payment.
Should such coverage subsequently be unavailable to the employee,the employee shall have
the right to seek reinstatement to coverage under the City's policy upon written request. In
such a case, the City shall reinstate the employee's coverage and cancel the in-lieu payment
if reinstatement is permitted under the provisions for reinstatement then in effect with the
City's health insurance provider.
CCPMA I July 1, 2019—June 30, 2022 33
16.2 Public Employees' Retirement System.
a. All regular employees of the City are automatically covered by the City's contract
with the Public Employees' Retirement System. Membership shall commence
immediately upon employment.
b. Any regular employee who has cashed out PERS may purchase service credit
through payroll deduction on a pre-taxed basis as approved by PERS.
c. Tier One Employees-Sworn. The Public Employees' Retirement System (PERS)
contract provides the 3% @ 55 retirement benefit with single highest year
compensation consideration for all sworn officers of the CCPMA hired prior to
January 1, 2013. Sworn members shall pay their full 9% member contribution. The
City shall contribute 7% of the normal member contribution (known as Employer
Paid Member Contribution or EPMC) for all sworn members of the CCPMA hired
before January 1, 2013. Sworn members of CCPMA hired before January 1, 2013
agree to a cost sharing arrangement in which the members cost-share an
additional 12%toward the employee cost/rate. These additional contributions will
be reported on a pre-tax basis.
d. Tier One Employees-Non-Sworn. The Public Employees' Retirement System
(PERS) contract provides the 2% @ 55 retirement benefit with single highest year
compensation consideration for Dispatch/Records Supervisor of the CCPMA hired
prior to January 1, 2013. Non-sworn members shall pay their full 7% member
contribution. The City shall contribute 7% of the normal member contribution
(known as Employer Paid Member Contribution or EPMC) for all non-sworn
members of the CCPMA hired before January 1, 2013. Non-sworn members of
CCPMA hired before January 1, 2013 agree to a cost sharing arrangement in which
the members cost-share an additional 9% toward the employee cost/rate. These
additional contributions will be reported on a pre-tax basis.
e. Employees hired on or after January 1, 2013. The California Public Employees'
Pension Reform Act of 2013 (PEPRA) establishes a new retirement plan for
employees hired on or after January 1, 2013. All employees hired on or after that
date shall be subject to the retirement plan provided for "classic" or "new
members" under PEPRA.
16.3 Uniform/Equipment Allowances. Uniform /equipment allowance shall be paid to sworn
employees of the Police Department for purchase, maintenance and replacement of
uniforms and equipment.
Sergeants and Police Commanders: The City shall provide a standard $140.00 per month
uniform allowance.
Dispatch/Records Supervisors: The City shall provide a standard $90.00 per month
uniform allowance.
CCPMA I July 1, 2019—June 30, 2022 34 I P a g e
The parties agree that to the extent permitted by law (2 CCR section 571), uniform
allowance shall be reported to CaIPERS as special compensation for Classic CaIPERS
members.
If at any time the Chief of Police designates a change in uniform or equipment that
replaces a previously approved uniform or equipment, the City will provide employees
with at least six (6) months to complete the change. This notice period shall not apply
when additional options in uniforms or equipment are offered, but are not completely
replacing a previously approved uniform or equipment. If the City cannot provide or does
not wish to provide the six (6)-month notice period, the City will incur the cost of the
uniform change by reimbursing the employee for his/her out-of-pocket expenses in
replacing the uniform.
The City shall incur all costs of uniform replacement, by reimbursing the employee for
his/her out-of-pocket expenses, if the uniform is soiled by hazardous materials, damaged
beyond repair during the course of employment.
16.4 Deferred Compensation.
a. 457 Plan: The City provides a deferred compensation plan for members of the
Association under which the City shall match the employee's contribution up to
$46.16 per pay period.
b. 401(a) Plan: Employees covered by these Regulations shall participate in a 401(a) plan
from ICMA whereby each member formally agrees to contribute$150 to the plan each
pay period.
16.5 Long Term Disability Income, Accidental Death and Dismemberment. All employees
covered by this Agreement shall be included in the City's long-term disability programs
providing partial coverage for disabling injuries and illnesses non-industrial in nature (not
covered by workers' compensation), and including accidental death and dismemberment
benefits.
16.6 Life Insurance. The City shall provide, through an insurer or on a self-insured basis, life
insurance for each employee covered by this Agreement in an amount twice the annual
base salary of each employee covered by this Agreement.
16.7 Group Health Plan Continuation upon Retirement. Group Health Plan Continuation Upon
Retirement. An employee retiring from the City, who takes a qualified retirement under
the Public Employees Retirement System (PERS), may continue their PERS health
insurance benefit enrollment upon retirement, provided the employee's effective date of
retirement is within 120 days of separation. For those retirees, except as may be provided
below, the City will only contribute the mandatory statutory minimum monthly premium
employer contribution (i.e., the statutory minimum) as may be required by CaIPERS for
the particular calendar year.
All retirees will be required to comply with any of the requirements of CaIPERS as
provided by PEMHCA. This may include, but not be limited to, enrolling in Medicare when
CCPMA I July 1, 2019—June 30, 2022 35 I P a EF
1
age appropriate and becoming eligible to receive Medicare. The City will not pay for the
cost of Medicare enrollment as it will continue to pay the CaIPERS statutory minimum for
all retired annuitants.
a. Employees hired prior to January 1, 2013: All such retired Miscellaneous and Safety
employees covered by these Regulations shall be eligible for a supplemental City-paid
contribution equivalent to the current amount provided to active employees — to
include dental and vision.
In the event of the employee's death, the City's obligation to continue making dental
and vision contributions will end. The surviving spouse/domestic partner may remain
on the dental and vision plans as a retiree at their own expense, without a City
contribution to the premium.
b. Employees Hired on or after January 1, 2013: After five (5) years of service with the
City, the percentage of employer contribution payable for retirement health benefits
only (no dental or vision contribution) shall be consistent with the following table:
Credit Years of CaIPERS Percentage of Employer
Service Contribution
5-10 PEMHCA Minimum
10 50%
11 55%
12 60%
13 65%
14 70%
15 75%
16 80%
17 85%
18 90%
19 95%
20 or more 100%
Retiring employees may, at their own expense, continue in the City's dental and vision
insurance program. The retiree shall bear the full cost.
c. Effective 08/01/2019: For all employees hired by the City after August 1, 2019, there
will be no supplemental City contribution for retiree health benefits. The City shall
contribute only the CaIPERS statutory minimum. The City will, for these employees,
make a $100.00 per month contribution to an employee Health Reimbursement
Arrangement (HRA) and associated fixed dollar cost of administration.
This contribution is for active employees only and shall cease when the employee
leaves City employment.
CCPMA I July 1, 2019—June 30, 2022 36
16.8 Additional Retirement Benefit. The City will pay and report the value of any specified
employer paid member contributions ("EPMC") to PERS as individual compensation for
all sworn employees covered by this Agreement.
16.9 PERS 1959 Survivor Benefit. The City shall maintain in effect the PERS 4th level 1959
survivor benefit for all employees covered by this Agreement.
ARTICLE 17: 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 (MOU).
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.
CCPMA I July 1, 2019—June 30, 2022 37
CITY OF CATHEDRAL CITY CATHEDRAL CITY POLICE MANAGEMENT
ASSOCIATION
4110
Charles P. McClendon, City Manager Dane Dickson, CCP A
�z19,0/14-0.c-SYLeA___ P4Af-
Eugenia orres, HR Manager Paul Herrera, CCPMA
A0/A-,1/9Jon Enos, CCPMA
APPROVED BY THE CITY COUNCIL
Executed this tVl day of orf- ,2019.
ATTEST:
\al1t w� ,UA-A die
Martihez, Citi Clerk
•
CCPMA I July 1, 2019-June 30, 2022 38 I P a g e
Side Letter Agreement Between
City of Cathedral City
And
Cathedral City Police Management Association
The parties agree that following the adoption of the 2019-2022 Memorandum of Understanding
between the City and CCPMA,the City will retain and cover all costs for CPS Consulting to perform
a classification and compensation study for the Commander classification. The parties agree to
the following:
• The individual assigned to perform the study at CPS Consulting will have a minimum of
three years of experience performing classification and compensation studies.
• Robb McCandlish of Mastagni Holstedt, APC, and Eugenia Torres, Human Resources
Manager for Cathedral City, will jointly meet with the consultant, in person, email, or via
teleconference for all substantive discussions.
• The employees currently holding the position of Commander will be given the
opportunity to be interviewed by the consultant and provide information about their
current job duties. The employees will be given a minimum of two weeks' notice for the
interview and CPS will work with the employee around any scheduled vacation and time
off. Any employee who does not avail themselves of this opportunity will waive the right
to provide input into the study.
• In the judgment and discretion of the consultant, other employees may also be
interviewed as part of this study.
• The consultant will be provided with the following; 2015 Lexipol Policy, Current Lexipol
Policies, job classification, duties, and responsibilities from the 2015 for both Lieutenant
and Captain, as well as any other relevant information he/she requests.
• The parties agree to be bound by the results of the study.
o If the study finds that the Commanders are properly classified under the City's
current system, then no additional salary increases will be requested or provided.
o If the study finds that the Commanders properly compare to a higher position,
then the City will either (1) provide the individual(s) with enhanced compensation
as based on the findings of the "compensation" portion of the study; or (2) will
restructure the job duties so that those duties that are more appropriately
assigned to a higher level are not required of the individual(s).
o If the study finds that certain individual(s) are performing work a varying level,
then the parties recognize that the implementation of the study may be different
for specific individuals.
• At the conclusion of the study, the parties agree to reopen the MOU as described below,
and to meet and confer in good faith over the implementation of the study, consistent
with the agreements set forth in this side letter. The following provisions will be subject
to reopener:
o Section 8.1
CCPMA I July 1, 2019—June 30, 2022 39
o Section 8.9
o Section 8.11
o Section 8.15
o Section 8.22
o Section 8.23
o All other additional Sections which are found to be relevant.
• The parties agree that the issue of whether the Commanders are properly classified as
exempt or non-exempt under the FLSA and related California wage and hour laws, is also
within the scope of the reopener.
CITY OF CATHEDRAL CITY CATHEDRAL CITY POLICE MANAGEMENT
ASSOCIATION
n5M5+ 2,ZU�1 t,t4 2c1, 2O 1
Date Date j
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d/&I
Charles P. McClendon, City Manager Dane Dickson, CCPMA
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Eugeni Torres, HR Manager Paul Herrera, CCPMA
AA
on Enos, CCPMA
CCPMA I July 1, 2019—June 30, 2022 40 I P a g e
Side Letter Agreement Between
City of Cathedral City
And
Cathedral City Police Management Association
The parties agree that the position of Dispatch Supervisor shall be included in the list of positions
represented by CCPMA, and that the position of Dispatch/Records Supervisor shall be removed
from the list of positions represented by the CCPMA.
The parties further agree to begin meeting and conferring in good faith over the inclusion of the
Dispatch Supervisor in the MOU no later than 30 calendar days from the date of execution of the
MOU by the Cathedral City City Council, and to complete those discussions no later than 90
calendar days from the commencement of negotiations. These timelines can be extended by the
written, mutual agreement of the parties.
The parties further agree that until the MOU has been revised to reflect these changes, the
employees occupying the Dispatch Supervisor position shall continue under their current terms
and conditions of employment (as set forth in the Regulations Covering Executive,
Administrative, Professional, Confidential, and Other Particular Employees), except that the
parties recognize that as members of the CCPMA, the employees occupying the position of
Dispatch Supervisor are entitled to the rights of representation by CCPMA upon the effective
date of this side letter.
CITY OF CATHEDRAL CITY CATHEDRAL CITY POLICE MANAGEMENT
ASSOCIATION
eigh 9 co, "L-1, of 1
Date DateZak
/ g/
s
Charles P. McClendon, City Manager Dane Dickson, CCPMA
a S090
Eugeni : Torres, HR Manager Paul Herrera, CCPMA
11
07/9'/9on Enos, CCPMA
CCPMA I July 1, 2019—June 30, 2022 41 I Page