HomeMy WebLinkAboutStaff Correspondence - Urgency ItemCITY COUNCIL STAFF REPORT
DATE: May 6, 2021 CONSENT CALENDAR
SUBJECT: APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE
PALM SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE
TERM OF JULY 1, 2020 THROUGH JUNE 30, 2022
FROM: Justin Clifton, City Manager
BY: Marcus Fuller, Assistant City Manager
SUMMARY
The City has reached a tentative Memorandum of Understanding (MOU) agreement
with the Palm Springs Police Management Association (PSPMA) for the term of July 1,
2020 through June 30, 2022. The City Council will consider adopting a Resolution
approving the Memorandum of Understanding between the City and the Association.
RECOMMENDATION:
Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS
POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2020
THROUGH JUNE 30, 2022 SUBJECT TO THE ASSOCIATION EXECUTING THE
MEMORANDUM OF UNDERSTANDING."
BACKGROUND:
The City Council adopted its Employer-Employee Relations Resolution on April 6, 1988,
to establish reasonable and orderly procedures for the administration of employer-
employee relations between the City and its employees, procedures for the recognition
of employee organizations and a reasonable and orderly method for the resolution of
questions regarding wages, hours and other terms and conditions of employment of
employees of the City.
Pursuant to the provisions of the Meyers-Milias-Brown Act., Government Code Section
3500, et. seq., the City continues to recognize the Palm Springs Police Management
Association (PSPMA) as the exclusively recognized employee organization for the
City Council Staff Report
May 6, 2021 --Page 2
Approval of PSPMA MOU 7-1-20 to 6-30-22
employee unit of representation known as the Police Management Unit, which is
comprised of all employees in the Police Department in the following classifications:
Police Lieutenant and Police Captain. There are currently 7 represented positions in the
PSPMA (2 Captains and 5 Lieutenants).
The City Council last approved a MOU with the PSPMA on March 20, 2019 effective for
the period December 16, 2018 through June 30, 2020.
STAFF ANALYSIS:
Since the expiration of the current MOU with the PSPMA, the City through its Municipal
Employee Relations Representative (MERR), and representatives of PSPMA have met
and conferred in good faith with the MERR and have reached an agreement on the
terms and conditions of the MOU governing employees of the Police Management Unit
through the PSPMA for the period July 1, 2020 through June 30, 2022. The PSPMA
membership voted to ratify its tentative agreement with the City. As such, to finalize the
agreement of the parties on their successor MOU requires an affirmative vote of the City
Council to approve the MOU
A copy of the MOU with the PSPMA is included as Attachment 1. Substantive changed
terms and conditions of the proposed MOU include:
• Article 6 (Salaries) -through the term of the MOU there will be no change to
employee salaries.
• Article 8.2 (Bilingual Pay) -Modifications to the method of receiving the bilingual pay
are implemented requiring testing and recertification on two components:
speaking/listening and written proficiencies. Employees in the PSPMA receiving
bilingual pay as of November 1, 2020 will remain eligible to receive up to 5%
additional compensation subject to the testing and recertification process (split 2.5%
between each successfully passed speaking/listening and written test). Employees
hired after November 1, 2020 who are eligible for bilingual pay will be eligible to
receive up to $250 per month additional compensation subject to the testing and
recertification process (split $125 between each successfully passed
speaking/listening and written test).
• Article 9 (Uniform & Safety Equipment Allowance) -Modifications to specify
amounts applicable to each of the uniform allowance and safety equipment
allowance with the total amount unchanged.
• Article 9 (Cell Phones) -Effective the first full pay period in the month after the
Mobile Device Management System (MOM) is deployed, the City will provide each
employee a City provided cell phone, at which time the $50 per month cell phone
allowance will be eliminated.
• Appendix A -Take Home Vehicles -eligibility to receive a take-home vehicle
changed from 33 miles from City limits to 50 miles from the Police Department using
driving directions.
City Council Staff Report
May 6, 2021 --Page 3
Approval of PSPMA MOU 7-1-20 to 6-30-22
ENVIRONMENTAL IMPACT:
Pursuant to the California Environmental Quality Act ("CEQA") and the CEQA
Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Section
15061 (b)(3) because CEQA applies only to projects which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA.
FISCAL IMPACT:
Approval of the MOU with the PSPMA will maintain labor costs at current levels through
the term of the MOU. Nominal increases to the cost of the various insurance benefits
will occur consistent with the method of identifying the benefit rates associated with
annual increases in insurance premiums. There will be no increased costs with salaries
and other direct fringe benefits or special pay associated with the proposed MOU.
S ~BMITTED: ~
(/~~
Marcus L. Fuller
Assistant City Manager
Attachments:
Justin~~
City Manager
1. PSPMA MOU; July 1, 2020 -June 30, 2022
2. Resolution
ATTACHMENT 1
PALM SPRINGS
POLICE MANAGEMENT
ASSOCIATION {PSPMA)
MEMORANDUM OF
UNDERSTANDING
July 1, 2020 -June 30, 2022
The Palm Springs Police Management Association
Memorandum of Understanding
July 1, 2020-June 30, 2022
GENERAL PROVISIONS ............................................................................................................................. ~
ARTICLE 1, TERM .............................................................................................................................. 3
ARTICLE 2, RECOGNITION ............................................................................................................... 3
ARTICLE 3, PRACTICES ................................................................................................................... 3
ARTICLE 4, FEDERAL AND STATE LAWS ....................................................................................... 4
ARTICLE 5, MAINTENANCE OF BENEFITS ..................................................................................... 4
COMPENSATION/OTHER PAY ................................................................................................................... §
ARTICLE 6, SALARIES ...................................................................................................................... 5
ARTICLE 7, OVERTIME ..................................................................................................................... 5
ARTICLE 8, SPECIAL COMPENSATION .......................................................................................... 5
ARTICLE 9, UNIFORM AND CELL PHONE ALLOWANCE ............................................................... 7
ARTICLE 10, MILEAGE ...................................................................................................................... 7
BENEFITS .................................................................................................................................................... §.
ARTICLE 11, HEAL TH, DENTAL, VISION, AND OTHER INSURANCE. ........................................... 8
ARTICLE 12, HEALTH INSURANCE FOR RETIREES ...................................................................... 9
ARTICLE 13, RETIREMENT .......................... : .................................................................................. 10
WORK HOURS/LEAVE .............................................................................................................................. 12
ARTICLE 14, WORK SCHEDULE .................................................................................................... 12
ARTICLE 15, ANNUAL LEAVE ......................................................................................................... 12
ARTICLE 16, HOLIDAYS .................................................................................................................. 13
ARTICLE 17, SICK LEAVE ............................................................................................................... 13
ARTICLE 18, DISPOSITION OF SICK, EXCESS SICK AND ANNUAL LEA VE UPON RETIREMENT .. 13
EMPLOYER/EMPLOYEE RELATIONS ..................................................................................................... 14
ARTICLE 19, DRUG POLICY/DRUG SCREENING ......................................................................... 14
ARTICLE 20, PAYROLL DEDUCTION ............................................................................................. 14
ARTICLE 21, STRIKES AND WORK STOPPAGE ........................................................................... 14
ARTICLE 22, GRIEVANCE PROCEDURE. ...................................................................................... 14
ARTICLE 23, DISCIPLINARY APPEALS PROCESS ....................................................................... 16
ARTICLE 24, TAKE HOME VEHICLE PROGRAM ........................................................................... 20
APPENDIX A. TAKE HOME VEHICLES .......................................................................................... 21
APPENDIX B -DRUG POLICY/DRUG SCREENING ....................................................................... 22
2
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND
THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA)
July 1, 2020 -June 30, 2022
GENERAL PROVISIONS
ARTICLE 1, TERM
This Memorandum of Understanding ("MOU") recommended to the City Council shall be for the
period commencing July 1, 2020 and terminating June 30, 2022 provided, however, that specific
sections of this MOU shall have later effective dates as specified herein. No economic changes
to this MOU will go into effect until the pay period following City Council approval unless this MOU
specifically provides otherwise.
ARTICLE 2, RECOGNITION
This MOU is entered into with reference to the following facts.
A. The Palm Springs Police Management Association, hereinafter referred to as the
Association, is the exclusively recognized employee organization for members it
represents employed by .the City in the Police Management Unit as defined in Section 8.1.4
of the Employer-Employee Relations Resolution, Resolution 16438, as amended by
Resolution 17793. The Association represents the classifications of Police Lieutenant and
Police Captain.
B. The Association and the Municipal Employee Relations Representative, hereinafter
referred to as the MERR, have met and conferred in good faith on wages, hours and other
terms and conditions of employment for the employees represented by the Association and
have reached agreements which are set forth in this MOU.
ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters
pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits,
hours and other terms and conditions of employment. Therefore, it is agreed that all such
ordinances, resolutions and policies, including Sections 4,5,6,7 and 13 only of the Employer-
Employee Relations Resolution 16438 are hereby incorporated by this reference and made a part
hereof as though set forth in fuU and except as provided herein shall remain in full force and effect
during the term hereof. The City and its employees shall continue to have the rights and
prerogatives as set forth in Sections 4,5,6, 7 and 13 of Resolution 16438, and nothing in this MOU
shall be deemed in any manner to abridge, restrict or modify the same except as limited by the
Strikes and Work stoppages section of this MOU.
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ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed 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. If any part of this MOU is in conflict or
inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise
held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or
provisions shall be suspended and superseded by such applicable laws and regulations and the
remainder of this MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the members
represented by the Association shall not be deemed affected by this MOU, except as specifically
modified by provisions hereof or by actions taken in implementation hereof.
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COMPENSATION/OTHER PAY
ARTICLE 6, SALARIES
During the term of this MOU there shall be no modifications to employee salaries.
For each classification represented by the Association, there is one range on the salary schedule.
ARTICLE 7, OVERTIME
Police Lieutenants shall be compensated for overtime worked at a rate of fifty percent (50%)
above the employee's regular hourly rate for the time worked in excess of forty (40) hours per
work week. For the purpose of overtime computation, the forty (40) hours includes any leave of
absence with pay. Police Lieutenants must be authorized by the Chief of Police or Police Captains
to work overtime. Notwithstanding the work schedule utilized by the Department, the City has
adopted the 28-day work period in accordance with Section 7(k) of the Fair Labor Standards Act.
The City will pay overtime as described above in excess of the requirements of the law. Both
Police Captains and Police Lieutenants qualify as overtime exempt per the FLSA as managers
who qualify for the Executive Exemption of the FLSA. Thus, the overtime provided herein is
provided per this MOU and not per the requirements of the FLSA.
ARTICLE 8, SPECIAL COMPENSATION
8.1 Education Pay
A. POST Management Certification
PSPMA members shall receive five percent (5%) of base pay for possessing a
Management Certification issued by Peace Officers Standards and Training (POST).
B. Education Incentive Pay
PSPMA members shall receive one percent (1 %) of base pay for possessing a Bachelor's
Degree (BA or BS) from a college or university accredited by either the Council for Higher
Education Accreditation ("CHEA") or the U.S. Department of Education ("USDE").
PSPMA members shall receive five percent (5%) of base pay for possessing a Master's
Degree (MA) from a college or university accredited by either the Council for Higher
Education Accreditation ("CHEA") or the U.S. Department of Education ("USDE"). An
employee who receives pay for having a Master's Degree shall not receive pay for having
a Bachelor's Degree.
If an employee has both a Master's Degree and a POST Management Certification, they
shall receive two percent (2%) for the Master's Degree and five percent (5%) for the
Management Certification for a total of seven percent (7%).
The parties agree that to the extent permitted by law, the educational incentive pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(2)
Educational Pay for the BA, BS or MA or Peace Officer Standards and Training (POST) Pay for
the POST Management Certification.
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8.2 Bilingual Pay
Employees in the bargaining unit receiving bilingual pay as of November 1, 2020 shall receive
up to five percent (5%) per month for bilingual pay. As each employee recertifies for eligibility
for bilingual pay, employees will be required to take both a speaking and listening and a writing
bilingual proficiency examination. Employees shall receive two and half percent (2.5%) per
month for passing the speaking and listening portion of the bilingual proficiency exam and an
additional two and half percent (2.5%) per month for passing the writing portion of the bilingual
proficiency exam.
Employees who either enter the bargaining unit after November 1, 2020 or who are in the
bargaining unit as of that date who first become eligible for bilingual pay after that date, shall
receive up to $250 per month for bilingual pay. As each employee recertifies for eligibility for
bilingual pay, employees will be required to take both a speaking and listening and a writing
bilingual proficiency examination. Employees shall receive one hundred and twenty five dollars
($125) per month for passing the speaking and listening portion of the bilingual proficiency exam
and an additional one hundred and twenty five dollars ($125) per month for passing the writing
portion of the bilingual proficiency exam.
The examinations shall be developed and administered by the City to demonstrate fluency in
reading and writing, and speaking and listening the desired second language. All employees
receiving bilingual pay must take and pass the prescribed examinations for each skill (one for
speaking and listening and the other for writing) every two years to continue to receive bilingual
·pay for each skill. An employee who passes one · of the tests but not the other, will still be
eligible to receive bilingual pay at either two and one half percent (2.5%) or $125 (as described
above) per month for the skill passed. In addition, the employee may take a recertification
examination after waiting at least three (3) months after taking the recertification examination
to which the employee did not pass. If the employee does not pass that recertification
examination, the employee shall not be permitted to take the recertification examination for
that skill until their two year cycle to recertify is has passed. The City will notify employees
when they are required to re-test.
An employee receiving the pay who does not pass both recertification examinations is not
qualified to receive bilingual pay. If this occurs, the employee may be replaced by another
employee who has passed either examination. If there are no other employees who are certified
to receive bilingual pay for either skill, the employee may take the recertification examinations
in both skills after waiting at least three (3) months after taking the initial recertification
examinations to which the employee did not pass. If the employee passes one of the two
examinations, they shall either receive two and one half percent (2.5%) or $125 (as described
above) per month for bilingual pay. If the employee does not pass either or both of those
subsequent recertification examinations, the employee shall not be permitted to take the
recertification examination(s) for that skill until their two year cycle to recertify has passed. If
the employee requalifies for bilingual pay and was receiving five percent (5%) or two and one
half percent (2.5%) (if they have only passed one of the recertification examinations), they shall
go back to receiving the percentage for bilingual pay, not the flat dollar amount of $250 or $125.
The Human Resources Department will coordinate the recertification examination for each
employee receiving bilingual pay.
6
For any employees in the bargaining unit who receive bilingual pay, they must sign up to be present
at and prepared to use their bilingual skills at one City Council meeting per year. On the day of the
Council meeting for which the employee signs up, they shall adjust their work schedule that day by
starting four hours later than their regular start time so that they can be present at the Council
meeting to utilize their bilingual skills.
The parties agree that to the extent permitted by law, this pay is special compensation and shall
be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) Bilingual Premium.
ARTICLE 9, UNIFORM AND SAFETY EQUIPMENT ALLOWANCE, AND PROVISION OF
CELL PHONE
The City agrees to pay one hundred and twenty five dollars ($125) per month for a uniform
allowance to each employee as a reimbursement for expenses incurred for acquisition and
maintenance of uniforms.
The parties agree that to the extent permitted by law, uniform allowance shall be reported to
CalPERS as such pursuant to Title 2, CCR 571 (a)(5) and the City will report as special
compensation, the value of the uniforms for a unit member who is a classic member employee
per the Public Employees' Pension Reform Act of 2013 (PEPRA). "New members" as defined by
the PEPRA will not have the value of the uniforms reported as special compensation.
The City agrees to pay ten dollars ($10) per month for a safety equipment allowance to each
employee as a reimbursement for expenses incurred for acquisition and maintenance of safety
equipment.
Effective the first full pay period in the month after the Mobile Device Management System (MOM)
is deployed, the City will provide each employee a City provided cell phone, at which time the
parties agree that the fifty dollar ($50) per month cell phone al!owance will be eliminated.
ARTICLE 10, MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive vehicle
travel is required, a City vehicle should be provided, and the auto allowance will not be removed
until the issue is reconciled.
7
BENEFITS
ARTICLE 11, HEALTH, DENTAL, VISION, AND OTHER INSURANCE
This article sets forth various insurance benefits available to Unit members. The amounts provided
by the City for health, dental and vision insurance for 2020-2021 are set forth below. In the event
that the premium charges for the health, dental or vision benefits exceed the total premium costs
for the prior year by 4% or more the amount of the excess shall be paid by the Unit member
through a payroll deduction. Each calendar year, the City will pay up to a 4% increase above the
prior year's premium rates. The above explanation of the health, vision and dental contributions
are described with the following example involving the 2018-2020 rates:
A. In 2018, the Blue Shield single party rate was $1,010.74.
B. In 2019, the rate increased by 4.0% to $1,051.17.
C. In 2019, the City paid the 4% increase = $40.43 and the employee paid no additional
increase.
D. In 2020, that same rate went up to $1,092.17. This was a 4.0% increase over the 2019
rate. The parties· agree that it was the City's responsibility to pay the first 4% of the 2019
increase on top of the 2018 premium. The employee pays no increase for 2020 as the
premium amount did not exceed the 4% that the City contributes.
Vision and Dental Insurance are calculated exactly the same way as described above for health
insurance.
11.1 Health. Dental and Vision Insurance
The City agrees to contribute up to the amounts below for calendar years 2020 and 2021 for
Unit members toward Health (including hospitalization, drug coverage through such
program(s)) Dental and Vision insurance. Unit members will sign verification of dependent
eligibility annually at open enrollment.
Janua 1,2020
$1,000.48 $37.07 $13.42
Two-Party $1,920.39 $53.47 $13.42
Family $2,035.00 $79.52 $13.42
Type 01 Coverage ~ealtli IDental Visjsn
Single Party $986.03 $37.07 $13.42
Two-Party $1,892.66 $53.47 $13.42
Family $2,005.61 $79.52 $13.42
8
The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and
vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership,
Statement of Financial Liability for Domestic Partnership, Statement of Financial Liability for
Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically Dependent Children
to the City. The City will use the same enrollment policies for domestic partnerships as are currently
used for traditional marriages or as provided by the requirements of the insurance carrier.
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).
11.2 Term Life Insurance
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to employees in
the unit.
11.3 AD&D Coverage
The City agrees to provide coverage of $50,000 for Accidental Death and Dismemberment
(AD&D).
ARTICLE 12, HEALTH INSURANCE FOR RETIREES
A. Tier I:
Bargaining unit members hired prior to (or received a written offer of employment) October
20, 2005, shall receive health insurance for retirees as follows:
1. After 20 years of continuous full-time service, 75% of the premium for retiree health
insurance coverage will be paid by the City.
2. After 25 years of continuous full-time service, 100% of the premium for retiree health
insurance coverage will be paid by the City.
The City's contribution as described above will be based on the coverage type (single, two-
party or family) chosen by the employee at the time of retirement.
In the event of the employee's death, the City's contribution will end. The surviving spouse
may remain on the plan as a retiree without a City contribution to the premium.
3. Retired employees who have not completed 20 years of continuous City service (except
for the two-year service credit option described in paragraph 1 below), shall be entitled
to participate at their own cost in the health, hospitalization and drug coverage plan.
All Employees who become eligible to receive Medicare must enroll in Medicare Part A
and B to remain eligible to receive the above contributions.
4. Service Credit for Health Insurance For Retirees in Tier 1
9
Employees in Tier 1 shall be eligible for two years of service credit for the purpose of being
eligible for retiree health insurance (e.g., an employee with 18 years of continuous service
will be eligible for the benefits available to those with 20 years of continuous service) if in
the month of June (starting in 2019) the employee makes an irrevocable offer to retire
(which will be immediately accepted by the City) by no earlier than ninety (90) days from
the date of notice or later than December 31 of that same calendar year.
B. Tier II:
For all employees initially hired by the City after October 20, 2005, there will be no City
contribution for retiree health benefits. The City will, however, make a $100.00 per month
contribution (to such employees' Retiree Health Savings Plan and the City will also pay the
cost of the administration of the Plan.
ARTICLE 13, RETIREMENT
13.1 Retirement Formula
Unit members (and not "new members as defined by the Public Employees' Pension Reform Act
of 2013 -PEPRA) hired prior to June 17, 2011, are covered by the 3%@ 50 formula provided for
by the Public Employees' Retirement Law at Government Code section 21362.2. These
employees' retirement will be calculated pursuant to the optional benefit (in the City's contract
with ~alPERS) of single highest twelve-month period.
Unit members (and not "new members as defined by the Public Employees' Pension Reform Act
of 2013 -PEPRA) hired after June 17, 2011, are covered by the 3% @ 55 formula provided for
by the Public Employees' Retirement Law at Government Code section 21363.1. These
employees' retirement will be calculated pursuant to the optional benefit (in the City's contract
with CalPERS) of single highest twelve-month period.
Unit members who are defined as "new members" under the PEP RA, are covered by the 2. 7%@
57 formula provided for by the PEPRA at Government Code section 7522.25(d). These
employees' retirement will be calculated per the three-year average final compensation as
provided for by the PEPRA per Government Code section 7522.32(a).
13.2 Employee Contributions to the Retirement System
A. Employees subject to the 3%@50 and 3%@55 formula hired:
Employees in the Unit shall pay their nine percent (9%) member contribution.
These employees also pay an additional three percent (3%) of compensation earnable of
the employer rate as cost sharing (per Government Code Section 20516(f)). If, at any time
in the future, the Association informs the City that it no longer agrees to this cost sharing
agreement, effective on the date of the elimination of the cost sharing (which would need
to coincide with the expiration date of the MOU) the base salary of all employees in the
bargaining unit will be reduced by three percent (3%).
The twelve percent (12%) employee contribution is 9% member and 3% cost sharing.
10
8. Employees subject to the 2. 7% @ 57 Formula -"New Members" as defined by PEP RA:
Unit members who are defined as "new members" under the PEPRA, are covered by the
2.7%@ 57 formula provided for by the PEPRA at Government Code section 7522.25(d).
These employees' retirement will be calculated per the three-year average final
compensation as provided for by the PEPRA per Government Code section 7522.32(a).
These employees shall pay the statutorily mandated employee contribution rate of one half
of the total normal cost as determined each year by CalPERS in their annual valuation report.
13.3 Adoption of IRS Code Section 414(h)(2) Resolution
The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code
section 414(h)(2) to ensure that the employees' payment (i.e., "pick up" as that term is used in
section 414(h)(2)) of their employee contribution is made on a pre-tax basis.
13.4 Optional Benefits
A. The City contracts with CalPERS for the following optional benefits:
B. Pre-retirement death benefits to continue after remarriage of survivor -Government Code
section 21551
C. Death Benefit-Government Code section 21620
D. Post Retirement Survivor Allowance -Government Code sections 21624/26/28 and 21635
E. 1959 Survivor Benefit Level 4-Government Code section 21574
F. Military Relocation Credit-Government Code section 21024
G. Final Compensation Period One Year -Government Code section 20042 for classic
members
H. 2% Cost of Living Allowance -Government Code section 21329
I. Prior Service -Government Code section 20055
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WORK HOURS/LEAVE
ARTICLE 14, WORK SCHEDULE
Association members work a 4/10 work schedule during times that are at the discretion of the
Chief of Police. Any unit member whose work schedule is changed may request a meeting with
the Chief of Police to discuss the change.
ARTICLE 15, ANNUAL LEAVE
Unit members shall be eligible to use annual leave once it is accrued. Annual leave shall accrue
to a maximum of four hundred (400) hours. Although employees have the ability to cash out
annual leave as addressed below, once an employee accrues 400 hours, they will not accrue
additional annual leave until their accrual drops below 400 hours.
By December 15 of each year, employees may make an irrevocable election to cash out up to
the maximum number of hours of annual leave which they can accrue per year which will be
earned in the following calendar year at the employee's base rate of pay. In the following year,
the employee can receive the cash for the annual leave they irrevocably elected to cash out in
either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue
16.67 hours per month -200 hours per year, 100 hours each) or one (1) increment of up the
maximum they can accrue in a year.
The employee would be paid one half of what they irrevocably elect to cash out hours on both the
second pay day in July and the first pay day on December or the employee can elect to be paid
their full amount they elected to cash out on the first pay day in December. However, if the
employee's annual leave balance is less than the amount the employee elected to cash out (in
the prior calendar year) the employee will receive cash for the amount of leave the employee has
accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out annual leave in the following calendar
year and uses annual leave in that subsequent year, the annual leave used will come from annual
leave the employee had earned prior to January 1 of the year the employee has elected to cash
out annual leave. This is to ensure that assuming an employee had an annual leave balance prior
to January 1, the annual leave used will not result in a reduction in the amount of annual leave
the employee will be eligible to cash out.
In addition to the above, starting in calendar year 2021, an employee who did not make an
irrevocable election to cash out the maximum permitted above (i.e., up to 200 hours per year)
may be able to do so if they have an "unforeseen emergency" (defined as an unanticipated
emergency that is caused by an event beyond the control of the employee and that would result
in severe financial hardship to the employee if early withdrawal were not permitted). A
determination as to whether an "unforeseen emergency" exists shall be determined by the
Human Resources Director at their discretion and not subject to the filing of a grievance. If such
a request is made and granted, the employee will be able tp cash out annual leave as described
above (i.e., up to 100 hours with the second pay day in July and the first pay day in December
or the entire 200 hours with the first pay day in July). Under no circumstances may an employee
cash out more annual leave than the employee has accrued or more than the maximum allowed
to be cashed out in this Section. An employee who irrevocably elected to cash out less than
12
200 hours of annual leave will have the ability to increase it to 200 hours if they have an
unforeseen emergency.
Members shall accrue annual leave on a monthly basis in accordance with the following schedule:
f.d 9_urs Ac~ru g d Monthly
0 Through 5 12
6 Through 10 14
11 and after 16.67
Annual leave is vested. This means that once earned, it cannot be taken away by the City.
Association members can either use the annual leave or cash it out as described in this Article.
ARTICLE 16, HOLIDAYS
Unit members shall receive in lieu of all City recognized holidays, 3.67 hours per pay period (the
24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate.
The parties agree that to the extent permitted by law, the compensation in this section is special
compensation for those employees who are normally required to work on an approved holiday
because they work in positions that require scheduled staffing without regard to holidays and shall
be reported as such pursuant to Title 2 CCR, Section 571 (a)(5) holiday pay.
ARTICLE 17, SICK LEAVE
Sick leave shall accrue at a rate of ten (10) hours of sick leave per month to a maximum of five
hundred and twenty (520) h(?urs. Employees who accumulate over 520 sick leave hours will have
an opportunity to cash out the excess hours over the 520 sick leave hours twice per year on the
last pay day of July and the first pay day of December. Employees will have the option of
depositing the excess hours into their deferred compensation account or converting the excess
hours to taxable cash (as income). If an employee does not exercise the option to deposit the
excess hours into their deferred compensation account or convert it to taxable cash, the hours
will be converted to cash by the City. Thus, following the final pay day in December, unit members
shall not have more than 520 hours of accrued sick leave in their sick leave account.
ARTICLE 18, DISPOSITION OF SICK, EXCESS SICK AND ANNUAL LEAVE UPON
RETIREMENT
Accrued sick and excess sick leave shall be paid upon retirement from the City service. Upon
separation all unpaid accrued and vested annual leave will be paid at the employee's current
salary rate. All unpaid accrued and vested annual leave of deceased employees shall be paid to
the estate of said deceased except as otherwise provided by law. Employees in the Association
may designate who shall receive their final paycheck, including the cash out of accrued leave.
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EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 19, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Exhibit B.
ARTICLE 20, PAYROLL DEDUCTION
The City will provide payroll deductions at request of the Association for dues, assessments,
and other deductions authorized by the Association. Remittance will be bi-weekly to the
Association's treasurer.
ARTICLE 21, STRIKES AND WORK STOPPAGE
21.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that during the term
of this Agreement, they will not cause or condone any strike, walkout, slowdown, sick out, or any
other unlawful job action by withholding or refusing to perform services.
Any employee who participates in any prohibited conduct listed above may be subject to
suspension, demotion, or dismissal by the City.
In addition ~o-any other lawful remedies or disciplinary actions ava_ilable to the City, if the Association
fails, in good faith, to perform all responsibilities listed below as Association Responsibility, the City
may suspend any and all rights and privileges accorded to the Association in this Agreement,
including but not limited to suspension of the Grievance Review Procedure and Dues Deduction.
21.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any
Prohibited Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Agreement and unlawful, and they must
immediately cease engaging in conduct prohibited in Article 21.1 and return to work.
ARTICLE 22, GRIEVANCE PROCEDURE
22.1 Definition of Grievance
A. A "Grievance" is a dispute of one or more employees or a dispute between one or more
employees involving the interpretation, application or enforcement of the provisions of
the MOU, or of the Personnel Rules and Regulations that are within the statutory scope
of representation, and for which there is no specific method of review provided by
federal, State or local law. A grievance may also be filed by the Association. Whenever
a grievance is filed by an employee, the City will promptly notify the Association.
B. Personnel rules 4.3.3 or 7.7 are excluded from the grievance procedure as well as any
other rules as specified and complaints involving harassment shall be handled by a
separate procedure.
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C. Release or lay-off of employees during an initial probationary period after hire,
reinstatement, or reemployment is not subject to the grievance procedure.
22.2 Time Limits and Waivers
A. Working Days -For purposes of the Grievance Procedure, working days, further referred
to as "days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days,
currently Monday-Thursday, excluding holidays.
B. Initiation -A Unit employee must initiate the grievance within fifteen (15) days of the
occurrence of the event giving rise to the grievance or within fifteen (15) days after the
grievant should, with reasonable diligence, have had knowledge of such occurrence,
whichever is later.
C. Management Reply -Failure by management to reply to the employee's grievance within
the time limits specified under the grievance procedure shall automatically grant the
employee the right to process the grievance to the next level of review.
D. Failure to Submit to Next Level -If a Unit employee fails to submit from one level to the
next level within the time limits and in the manner provided under the grievance procedure,
the grievance shall not be subject to further consideration and will be deemed resolved.
E. Waiver by Mutual Agreement -Any level of review or any time limits established in the
procedure may be waived or extended by m_utual agreement between the Unit employee
and management, which must be confirmed in writing.
F. Outside of Authority -If the supervisor, manager, or department head designated by the
grievance procedure below to receive the grievance determines that they do not have the
authority to resolve it, that supervisor, manager, or department head, shall so inform the
grievant and forward the grievance to the next higher level of supervision with authority to
resolve it, if applicable, or advise the grievant in writing they may continue to the next level
in the process.
22.3 Informal Resolution
A. The responsibility of a Unit employee with a bona fide grievance concerning terms and
conditions of employment is to promptly inform and discuss the grievance with the
department supervisor or designee in order to, in good faith, endeavor to resolve the matter
expeditiously and informally.
B. If such informal discussion does not resolve the grievance to the Unit employee's
satisfaction, such employee may file a formal grievance in accordance with the procedure
set forth in this section.
22.4 Procedure
A. The Unit employee shall provide the grievance in writing, with signature and date, and submit
it to their immediate supervisor within fifteen (15) days of the initial commencement of the
occurrence being grieved. The supervisor shall further consider and discuss the grievance with
the Unit employee and such employee's designated representative as deemed appropriate,
15
and shall, within fifteen (15) days of having received the written grievance, submit a response
thereto in writing to the employee and the employee's representative, if applicable.
8. If the written response of the immediate supervisor does not result in a resolution of the
grievance, the Unit employee may further submit the grievance, by presenting a written
request, with date and signature, to the Unit employee's department head within seven (7)
days of the Unit employee's receipt of the supervisor's response. The department head
may investigate the grievance and may set a meeting with the Unit employee, employee's
designated representative, and other persons as deemed appropriate to consider the
grievance. Within thirty (30) days of receipt of the grievance by the department head, the
department head shall submit a response to the grievance to the Unit employee and
employee's representative, if applicable.
C. If the response by the department head, does not result in a resolution of the grievance,
the Unit employee may further submit the grievance, by presenting a written request, with
date and signature to the Human Resources Director, for submission to the Office of the
City Manager, within seven (7) days of the unit employee's receipt of the department head's
response. The City Manager or designated representative may set a meeting with the Unit
employee, employee's designated representative, and other persons as deemed
appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance
the City Manager or designated representative shall submit a response to the Unit
employee and employee's representative, if applicable. The decision of the City Manager
Office is final and binding.
D. This grievance procedure is the sole and exclusive method for alleging a violation,
misinterpretation or misapplication of any provision of this MOU or for bringing any
grievance as defined in Section 22.1 A.
ARTICLE 23, DISCIPLINARY APPEALS PROCESS
The disciplinary appeals process is as follows:
23.1 Property Interest Discipline
A. Appeals Procedure
1. If an appeal of a dismissal, suspension, demotion or reduction in salary is filed with the
Director of Human Resources within ten (10) days of receipt of a written notice of
discipline, this process will be used which includes the use of a hearing officer.
2. The City and the employee or their representative may agree on the hearing officer. If
they cannot agree, the hearing officer shall be chosen from a panel of seven (7) hearing
officers from a list provided State Mediation and Conciliation Service. The parties shall
alternately strike names until one hearing officer remains. The parties shall flip a coin
with the winner of the coin flip getting to choose whether to strike the first name or the
second name. Names will be struck until the hearing officer is selected.
3. The hearing officer shall submit an advisory decision setting forth findings, conclusions,
and recommendations to the City Council.
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B. Hearings
1. The hearing shall commence no more than ninety (90) calendar days from the date the
hearing officer is selected provided that the parties may agree to a longer period to
commence the hearing.
2. All disciplinary hearings shall be closed to the public unless the affected employee
requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of
evidence on which reasonable persons are accustomed to rely in the conduct of serious
affairs, regardless of the existence of any common law or statutory rule, which might
make improper admission of such evidence over objection in civil actions. Hearsay
evidence may be used for the purpose of supplementing or explaining any direct
evidence but shall not be sufficient in itself to support a finding unless it would be
admissible over objection in civil actions. The rules of privilege shall be effective to the
same extent that they are now or hereafter may be recognized in civil anp criminaL
actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer shall rule
on the admission and exclusion of evidence.
4. Each party shall have these rights: to be represented by legal counsel . or other person
of their choice; to call and examine witnesses; to introduce evidence; to cross-examine
opposing witnesses; to impeach any witness regardless of which party first called the
witness to testify; and to rebut the evidence against them. If the employee appealing the
discipline does not testify on their own behalf, they may be called and examined as if
under cross-examination. Oral evidence shall be taken only on oath or affirmation. A
court reporter will be engaged to record the hearing. The cost of the reporter will be paid
for by the City. However, if the employee wants to order a transcript the City will not pay
for the cost of that transcript. The cost of the hearing officer will be paid for by the City.
5. The hearing shall proceed in the following order, unless the _hearing otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. If witnesses are called, the opposing party
shall have the right to cross-examine the witnesses on any matter relevant to the
issues, even though that matter was not covered on direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only, unless the
hearing officer for good reason permits them to offer evidence upon their original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony
and evidence. The hearing officer shall base findings on the preponderance of
evidence. During the examination of a witness, all other witnesses, except the parties,
17
shall be excluded from the hearing unless the hearing officer, for good cause, otherwise
directs. The hearing officer, prior to or during a hearing, may grant a continuance for
any reason believed to be important to reaching a fair and proper decision.
f. The hearing officer may recommend sustaining, rejecting, or modifying the
disciplinary action but not increasing the proposed discipline.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the
Director of Human Resources, who will forward them to the City Manager who then
forward to the City Council. The City Council, in its sole discretion, may hear limited oral
arguments and/or request written statements from either party on the hearing officer's
advisory decision. The City Council shall inform the employee appealing the discipline
of its decision regarding the appeal within sixty (60) calendar days of the receipt of the
hearing officer's report. The City Council may sustain, reject, or modify the findings of
the hearing officer but cannot increase the discipline proposed by the City. However,
the City Council may extend the time to issue its decision beyond the sixty (60) calendar
day period if it believes it is necessary. The decision of the City Council regarding the
appeal shall be the final step in the administrative appeal process. However, any
disciplinary action is deemed final as of the effective date. Copies of the City Council's
decision, including the hearing officer's report shall be filed where appropriate, including
the employee's personnel file. The City Council's decision is subject to review by a
superior court pursuant to Code of Civil Procedure Section 1094.6.
7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at
the request of either party, not less than ten (10) calendar days prior to the
commencement of the hearing; after commencement, subpoenas shall be issued only
at the discretion of the hearing officer.
8. The time limits specified at any step in this procedure may be extended or reduced by
written agreement of the employee or representative and the representative for the City.
23.2 Appeals Procedures for Punitive Action For Which There Is No Property Interest
A. Appeals Procedure:
In accordance with Government Code section 3304.5, the following procedure shall be
used if an employee is subject to punitive action which does not implicate a property
interest as defined by the Public Safety Officers' Procedural Bill of Rights Act that does not
involve termination from employment, demotion, suspension or a reduction of pay.
1. Appeal to the Police Chief or Designee
a. An employee who receives notice of a punitive action shall be entitled to appeal the
action to the Police Chief prior to the effective date of the punitive action. The appeal
is an opportunity for the employee to present written material and arguments why a
punitive action should not occur or offer alternatives to the action.
b. Notice of Appeal: Within fourteen (14) calendar days of receipt by an employee of
notification of a punitive action, the employee shall notify the Police Chief in writing
18
of the intent to appeal the punitive action. The notice of appeal shall specify the
action being appealed and the substantive and procedural grounds for the appeal.
Nothing in this section shall limit the right of the Department to institute disciplinary
action, notwithstanding that an appeal may be pending.
2. Hearing
a. Hearing Officer: The Police Chief or designee shall act as the hearing officer. The
Police Chief shall have twenty (20) days from receipt of the request to schedule an
appeal hearing. The hearing shall take place within ninety (90) calendar days of the
date the employee appealed the punitive action, or such other time as may be
agreeable by the parties.
b. Burden of Proof:
(1) If the action being appealed does not involve allegations of misconduct (i.e.,
allegations that the officer has violated one or more federal, state, or local laws,
and/or City or Police Department regulations, procedures, or rules) the limited
purpose of the hearing shall be to provide the employee the opportunity to
establish a record of the circumstances surrounding the action. The City's
burden shall be satisfied if the City establishes that the action was reasonable,
even though reasonable persons might disagree about whether the action was
the best one under the circumstances.
For example, if the Police Department affected a non-disciplinary transfer of an
employee out of a premium pay assignment with the intent of affording other
employees the opportunity to work in the assignment, the decision would not be
subject to being overturned as long as it was reasonable, even if one or more
persons might disagree with the decision.
(2) If the punitive action involves charges of misconduct, (i.e., allegations that the
employee has violated one or more laws, regulations, procedures, or rules), the
City shall have the burden of proving by a preponderance of the evidence the
facts which form the basis for the charge of misconduct and the burden of
persuasion that the punitive action was reasonable under the circumstances. ·
For example, if an employee received a written reprimand for unauthorized
absence from work then the City would bear the burden of proving that the
employee was absent from work without authorization and that a written
reprimand was reasonable under the circumstances.
c. Conduct of Hearing:
The formal rules of evidence do not apply, although the Hearing Officer shall have
discretion to exclude evidence which is incompetent, not relevant or cumulative, or
the presentation of which will otherwise consume undue time. The rules of privilege
shall be observed.
(1) The parties may present arguments through documents and statements.
19
(2) If the punitive action being appealed is a written reprimand, the parties will not
be entitled to confront and cross-examine witnesses.
(3) Following the presentation of written material and statements, the involved
parties may submit closing arguments orally or in writing for consideration by the
hearing officer.
(4) Representation: The employee may be represented by an association
representative or attorney of their choice.
d. Decision:
After the hearing, a decision will be submitted in writing within forty-five (45) calendar
days. The decision shall be served by first class mail, postage pre-paid, upon the
employee as well as any attorney or representative, shall be accompanied by an
affidavit or certificate of mailing, and shall advise the employee that the time within
which judicial review of the decision may be sought is governed by Code of Civil
Procedure § 1094.5.
ARTICLE 24, TAKE HOME VEHICLE PROGRAM
This policy is attached and incorporated by reference into this Agreement as Exhibit A.
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APPENDIX A. TAKE HOME VEHICLES
POLICY
The City Manager shall authorize take home vehicles for members of the bargaining unit living
within either the Palm Springs city limits, or in certain instances, within 50 miles of the Palm
Springs Police Department 200 S Civic Drive, Palm Springs, CA 92262 as determined by Google
Maps or another map software agreeable to both parties using driving directions.
USE OF CAR
The take home vehicle is to be used in a manner that facilitates immediate response of the officer
in case of call out. Use of the vehicle is restricted to a 50-mile radius using driving directions from
the City Palm Springs Police Department 200 S Civic Drive, Palm Springs, CA 92262. A unit
member who is assigned a take home vehicle may use the vehicle to commute back and forth to
work, including stopping on the normal route for personal purposes. However, the take home
vehicle is not to be used as the unit member's personal car when not commuting to or from work.
This includes, but is not limited to, that the unit member is not to use the vehicle on days when
the member is not working as well as on work days if not commuting to or from work. For unmarked
vehicles, the unit member may transport members of their immediate family in the unit if doing so
during their normal commute to or from work.
Unit members who are assigned to attend training classes, responding to a City of Palm Springs
job-related court subpoena, or attending any other Department sanctioned event outside the City
of Palm Springs, may use their assigned vehicle to attend the event.
Unit members who are not assigned a take home vehicle shall park their assigned vehicle at the
police department. Those unit members have the option of responding to court or other department
sanctioned events outside the City of Palm Springs either from the department in their assigned
vehicle, or from their home, using their own vehicles and putting in for mileage reimbursement.
DUTY TO RESPOND
Unit members driving a take home vehicle may not ignore stranded or disabled motorists, traffic
collisions, or any hazardous conditions they observe. The unit member must have the equipment
necessary to respond and shall activate the radio, notify Dispatch of the situation and take action
if deemed appropriate.
PARKING
Unit members who are not assigned a take home vehicle shall park their assigned vehicle at the
police department or other City of Palm Springs facility as directed by the Chief of Police.
MAINTENANCE
It is the responsibility of the employees to keep their vehicles clean. The City's contract car wash
may be used as often as necessary to keep vehicles in a presentable condition. It is the
employee's responsibility to make their assigned vehicle available to the City Shop for scheduled
maintenance or when notified that additional service is required.
SUSPENSION OF PRIVILEGE
The take home vehicle privilege may be suspended if the unit member has two or more preventable
accidents within a three-year period, or if they fail to follow the guidelines set forth in this policy.
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APPENDIX B -DRUG POLICY/DRUG SCREENING
The City of Palm Springs and the Association have a vital interest in maintaining safe, healthful,
and efficient working conditions. Being under the influence of a drug or alcohol on the job may
pose serious safety and health risks not only to the user but also to co-workers and the citizens
of Palm Springs. The possession, use or sale of an illegal drug or of alcohol on the job also
poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while
on City premises, at work locations, or while on duty or being compensated on an "on call status".
PSPMA and the City recognize that their future is dependent on the physical and psychological
well-being of all employees. PSPMA and the City mutually acknowledge that a drug and alcohol-
free work environment benefits employees and citizens, and members agree to comply with this
policy at such time as a mutually agreed upon employee assistance program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the possible
consequences of policy violation.
SECTION 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly
prohibited.
SECTION 2
When reasonable suspicion exists, the City may require an employee to submit to a substance
screening. The employee will be given the option to select a blood test or urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent
supervisor to suspect that an employee is under the influence of drugs or alcohol so that the
employee's ability to perform the functions of the job is impaired or so that the employee's ability
to perform their job safely is reduced.
SECTION 3
Any manager or supervisor requesting an employee to submit to a substance screening shall
document in writing the facts constituting reasonable suspicion and shall give the employee a
copy. This report must advise the employee of the right to representation. The employee shall
be given an opportunity to provide additional facts. An employee who is then ordered to submit
to a substance abuse screening may request to be represented. Because time is of the essence
in drug screening, a representative must be available within a reasonable time or the employee
will then be ordered to submit to a substance screening. Any employee who refuses to submit
to a substance screening may be considered insubordinate and shall be subject to disciplinary
action up to and including termination.
SECTION 4
The supervisor, or designee, shall transport the suspected employee to the testing facility or shall
call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test
is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor.
Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body
fluids, will be collected in a DOX Security Container System or other system that includes methods
22
or mechanisms designed to assure the integrity of the sample. The facility used for testing shall
be certified by the National Institute of Drug Abuse and comply with established guidelines for
"chain of custody" to insure that identity and integrity of the sample is preserved throughout
the collecting, shipping, testing and storage process.
SECTION 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An
employee who tests positive on a confirmatory test will be given the opportunity to discuss the
results with a physician to be designated by the City. The employee should be prepared at that
time to show proof of any valid medical prescription for any detected substance or to otherwise
explain, if the employee so chooses, a positive test result.
SECTION 6
While use of medically prescribed medications and drugs is not per se a violation of this policy,
this policy shall establish that no employee shall operate a City vehicle or dangerous machinery
or equipment while taking any kind of medication or drugs which are clearly marked that they
may cause significant drowsiness or impair an employee's performance. An employee shall
notify their supervisor, before beginning work, when taking such medications or drugs. In the
event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under these circumstances.
SECTION 7
Employees with substance abuse problems are encouraged to participate voluntarily in the City-
sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought
by an employee with complete confidentiality and without adverse consequences to their
employment. Employees should be aware, however, that a request for assistance through the
EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test result,
and/or other violation of this policy or other City/department rules and regulations, the City will
refer an employee to the EAP. Such referral could, at the discretion of the City, be made available
to the employee as an alternative to disciplinary action. Referral would be subject to agreement
by the employee to enroll, participate in and successfully complete a rehabilitation and/or
counseling program and other terms and conditions in a "Last Chance Agreement."
23
PALM SPRINGS POLICE MANAGEMENT ASSOCIATION REPRESENTATIVE
Date: --------------
By:
PMA President Signature
By:
PMA Vice President Signature
By:
PMA Member Signature
By:
PMA Member Signature
By:
PMA Bargaining Team Representative Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date: -------------
By:------------
City Manager
Attest:
By:
City Clerk
Approved to form:
By:
City Attorney
By:-------------
Labor Attorney
By: -------------Director of Human Resources
Council Approval:
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ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
MEMORANDUM OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS POLICE MANAGEMENT ASSOCIATION FOR
THE PERIOD OF JULY 1, 2020 THROUGH JUNE 30, 2022
SUBJECT TO THE ASSOCIATION EXECUTING THE
MEMORANDUM OF UNDERSTANDING
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR) who
shall be the City's principal representative on all matters of employer-employee relations,
with authority to meet and confer in good faith on matters within the scope of
representation including wages, hours, and other terms and conditions of employment;
and
WHEREAS, the City, through its MERR, has met and conferred in good faith on
wages, hours, terms, and other conditions of employment with the Palm Springs Police
Management Association (PSPMA); and
WHEREAS, as a result of such good faith negotiations, the MERR and PSPMA
have reached agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within the
PSPMA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Memorandum of Understanding (MOU) between the PSPMA
and MERR, for the period commencing July 1, 2020 through June 30, 2022, on file with
the City Clerk and incorporated herein by this reference, is hereby approved upon
execution of the MOU.
SECTION 2. The City Manager is authorized to execute documents necessary to
effectuate the terms and conditions of the MOU in a form acceptable to the City Attorney,
including the Allocation and Compensation Plans, related agreements, contracts, and any
non-substantial MOU language or reorganization.
Resolution No.
Page 2
ADOPTED this 6th day of May, 2021.
ATTEST:
Anthony J. Mejia, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
Justin Clifton,
City Manager
CERTIFICATION
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. __ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on May 6, 2021, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California this __ day of ______ , 2021.
Anthony J. Mejia, MMC
City Clerk