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Home My WebLink AboutA8844 - PSPMA & PSPOADocuSign Envelope ID: 31SF24DF-43DA-43AD-BOC3-2E7210286A08 PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA) rO� PALM S u by , CI QpORAlE0 ,q�IFpRN�P MEMORANDUM OF UNDERSTANDING July 1, 2020 - June 30, 2022 DocuSign Envelope ID: 51SF24DF-43DA-43AD-SOC3-2E7210286AO8 The Palm Springs Police Management Association Memorandum of Understanding July 1, 2020 -- June 30, 2022 GENERALPROVISI........................................... ............... ,........,...,,........,...,......,..»............».».........21 ARTICLE1, TERM-- ................. ........... ... . ...............................................................................3 ARTICLE 2. RECOGNITION............................................................................................................... 3 ARTICLE3. PRAUTICES................................................................................................................... 3 ARTICLE 4, FEDERAL AND STATE LAWS ....... ............ .......................... ................................ --- -.,4 ARTICLE'S, MAINTENANCE OF BENEFITS . •................................... .................. ................... ........ , 4 ARTICLE6, SALARIES ...... ........... ....................... .......... ............ ........................................................ 6 ARTICLE 7, OVERTIME„................................................................................................................... 5 ARTICLE 8, SPECIAL C0MPE.NS►4TION........................................................................................... 5 ARTICLE 9, UNIFORM AND CELL PHONE ALLOWANCE............................................................... 7 ARTICLE 10. MILEAGE ............................ --...... ....... —...... --- .......... ........... .................................. 7 I3ENEFI.................................................................................................................................................. � ARTICLE 11. HEALTH, DENTAL, VISION. AND OTHER INSURANCE....--. ....... -- ......................... 8 ARTICLE 12, HEALTH INSURANCE FOR RETIREES...................................................................... 9 ARTICLE 13, RETIREMENT.................. ... -- .... ..... —.— ....... --- ......... ......................................... 10 WORE( HOi.IRSliEA11E.............................................................».................k...........................................'I2 ARTICLE 14, WORK SOHEDULE......--1..,.,..—I...............................................• ...........................1 ARTICLE 15, ANNUAL LEAVE............................................„,,..,.....,,...,........................................... 12 ART#OLE 16, HOLIDAYS ................................................ •a ....................................................... 13 ARTICLE 17, SICK LEAVE.......... . ................... ............................. 13 ARTICLE 1a, DISPOSITION Or SICK. EXCESS SICK AND ANNUAL LEAVE UPON RETIREMENT- 13 !EMPLOYE MEMPLOYEE RELATIONS ............................. ............... ...... ...................... ................. ............ JA ARTICLE 19, DRUG PO L I CYIDRUG SCREENING.........................................................................14 ARTICLE 20, PAYROLL DEDUCTION .............................................................................................14 ARTICLE 21, STRIKES AND WORK STOPPAGE---. ................... 14 ARTICLE 22, GRIEVANCE PROCEDURE ...................... ..................... ............ ..,...-...,......... ...-..-..-.-14 ARTICLE 23, DISCIPLINARYAPPEALS PROCESS...................................„,,.............,,„,.......... — 16 ARTICLE 24. TAKE HOME VLHIC LE PRCGRAM ...................................................................... 20 APPENDIX A. TAKE HOME VEHIGLE5.......................................................................................--- 21 APPENDIX B - DRUG POLICYfDRUG SCREENING„..............................................................-.....-22 2 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286AO8 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 full 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. 3 DocuSign Envelope ID: 51BF24DF-43DA-43AD-BDC3-2E7210286A08 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. 4 DocuSign Envelope ID- 51SF24DF-43DA-43AD-8OC3-2E7210286AQ8 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 Pav 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. 5 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 8.2 Bilinqual 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) everytwo 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. C.1 DocuSign Envelope ID: 61BF24DF-43DA-43AD-8OC3-2E7210286AOB 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 (MDM) 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 allowance 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 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286AO8 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. January 1, 2020 Type of Coverage Health Dental Vision Single Party $1,000.48 $37.07 $13.42 Two -Party $1,920.39 $53.47 $13.42 Family $2,035.00 $79.52 $13.42 January 1, 2021 Type of Coverage Health Dental Vision 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 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 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 0 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E721028BA08 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 CaIPERS) 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 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). 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(0). 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. `N, DocuSign Envelope ID: 51BF24DF-43DA-43AD-BOC3-2E7210286AOB B. Employees subject to the 2.7% @ 57 Formula — "New Members" as defined by PEPRA: Unit members who are defined as "new membersn 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 11 DocuSign Envelope ID: 61BF24DF-43DA-43AD-80C3-2E7210266AOB WORK HOURSILEAVE ARTICLE 14, WORK SCHEDULE Association members work a 4110 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 to 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 payday 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 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 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: Years of Service Hours Accrued 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) hours. 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. 13 DocuSign Envelope ID: 61BF24DF-43DA-43AD-80C3-2E7210286A08 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 to any other lawful remedies or disciplinary actions available 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. 14 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286AO8 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 mutual 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 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 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. B. 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 22.1A. ARTICLE 23, DISCIPLINARY APPEALS PROCESS The disciplinary appeals process is as follows: 23.1 PrOlDerty 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. 16 DocuSign Envelope ID: 51SF24DF-43DA-43AD-8OC3-2E7210286AO8 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 and 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 healing 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 DocuSign Envelope ID: 51BF24DF-43DA-43AD-8OC3-2E7210286A08 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 Anneals 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 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 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. (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. DocuSign Envelope ID: 51BF24DF-43DA-43AD-8003-2E7210286A08 (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. W Docuftn Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210288A08 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. 21 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210296A08 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 betaken 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 DocuSign Envelope ID:51BF24DF-43DA-43AD-8OC3-2E7210286A08 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 DocuSign Envelope ID: 61BF24DF-43DA-43AD-8003-2E7210286A08 Date: PALM SPRINGS POLICE MANAGEMENT ASSOCIATION REPRESENTATIVE ng Frank Browning _ PMA President By: Gustavo Araiza PMA Vice President By: Mike villegas ;j j'Fj TAIJ ll"llT_T, Signature L� Signature IUI1t, U"s Signature By: William Hutchinson Its PMA Member Signature By: Wendell Phillips `4q— PMA Bargaining Team Representative Signature MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE Date: -710& By: By: f to r f Effl & — City h4kager Labor Attorney Attes By: Approved to form: By: - A t rn ' By: "- Direct r of Human Resources Council Approval: 24 DocuSign Envelope ID: 61BF24DF-43DA-43AD-84C3-2E7210286A08 PALM SPRINGS POLICE OFFICERS'ASSOCIATION (PSPOA) OF PALM se \ �y u to '4poe�i Ea �,gLIFORN�P MEMORANDUM OF UNDERSTANDING July 1, 2020 — June 30, 2022 DocuSign Envelope ID: 5113F24DF-43DA-43AD-80C3-2E7210286A08 The Palm Springs Police Officers' Association Memorandum of Understanding July 1, 202D—June 30, 2022 GENERAL PROVISIONS .... ..... ............... ....... ....... ».»....... .......... ...................... ................................ .,..... ....... ......... Al ARTICLE1, TERM .............................. __........ .,,...-,.-..-.,-.............. ___ ........................................................ . 3 ARTICLE 2, RECOGNITION........................................................ ............ ....... .,......... ........-....-.... ............ 3 ARTICLE 3. FEDERAL AND STATE LAM.... .................................................. ARTICLE 4, SOLE AND ENTIRE AGREEMENT......................................................................................... 3 ARTICLE 5. COMPLEPON OF MEET AND CONFER PROCESS ........... ...................................... ............ ARTICLE 6. SEPARABILITY PROM IONS......................................................................................... 4 COMPENSATIONS AND OTH R PAY ......... .......................... ......................... .................... .,....... ............. .............. I ARTICLE7. WAGES......................................................................................................................... S ARTICLE 8. SPECIAL COMPENSATION ............................................... ........ .... ....................................... _ 5 ARTICLE9. OVERTIME...............................................•-•---,-..,-.,-....,....................,..,...................__...........-. 7 ARTICLE 10. CALL BACK .............................. ............... ................. ............. ...... ........................................... 8 ARTICLE 11. UNIFORM ALLO1NAINCE .................................................................................................... 9 ARTICLE 12. MILEAGE REIMBURSEMENT ...................................... ................. ............................ I.......... 9 ARTICLE 13. PROBATIONARY PERIOD FOR POLICE OFFICERS ..................................... ..... 9 ARTICLE 14. CELL PHONE ALLOWANCE... ................................ .,.......... .,,... __..... 1113 ARTICLE 15. COURT APPEARANCES... ......................... ......... -I_. .......... ............................ I., .......... 10 BENEFITS. ................... ................... ............. ................... ................... ....... ............... i...... -....... .................... ....... ,.. ARTICLE 16, HEALTH, DENTAL, VISION AND OTHER INSURANCE .......................... ._ 11 ARTICLE 17, RETIREE HEALTH INSURANCE_ ... .............................. ....... 12 ARTICLE 18. RETIREMENT ........................... ___ ............... ..,.............-............................ ......... ............. 12 ARTICLE fig, EDUCATIONAL REIMBURSEMEINT................... .......................................... ___ ...... ____ 14 WORKHOURSILEA......................•--•--••--•--...,...,............,........................................................................---- --ill ARTICLE 20. HOURS OF WORK ..... ........................................ .,,,,..,..,..,...,........-......... ____ ................... 15 ARTICLE 21, ANNUAL LEAVE ................................................................ ..................... ...... __......... 16 ARTICLE 22, PAYMENT IN LIEU OF HOLIDAYS ................................... .............................•- ..--,-.... 18 ARTICLE 23, SICK LEAVE AND LEAVE PURSUANT TO A WORKERS' COMPENSATION INJURY ORJLLNESS......................................................................... ................... .......... .,.....,....,....-.......-..-..-. 18 ARTICLE 24, REINSTATED EMPLOYEES......................................................................................... 19 ARTICLE 25, ADVANCED OFFICER TRAINING SCHEDULE . ................................ ........ ARTICLE 26, DETECTIVES AND DETECTIVE SERGEANTS ...................... ............. 19 ARTICLE 27. LIGHT DUTY A ICaNMENT .............................. ___ ............................... ....,..,,.. 19 EMPLOYEI`#1 MPLOYEE RELATIONS .. .......... ..................... ................. ---..... .......,......,,.....,..........,....................2& ARTICLE 28, DRUG POLICYA)RUG SCREENING..... ......... ........................ __ ... ........ 0 ARTICLE 29. ANTI -NEPOTISM POLICY ............................. .......... ................... ....... •................... ....... ....... 20 ARTICLE 30, PROMOTIONAL PROCESS................................................................................................ 20 ARTICLE 31. WEAPON REGUI REMENTS FOR NEWLY HIRED OFFICERS ......................................... 21 ARTICLE 32. WRITTE14 REPORTS .................................. ....................,....,.......,,............................... 21 ARTICLE 33, GRIEVANCE PROCEDURE ....................... ................ ...,,........ __.... ......... ...-...... ____ ....... 21 ARTICLE 34. DISCIPLINARY APPEALS PROCESS .....,...-_................................................................... 23 ARTICLE 35, ASSOCIATION TIME........................................................................................................... 27 ARTICLE 36, STRIKES AND WONT( STOPPAGES................................................................................. 27 ARTICLE 37, LAYOFF AND RECALL... _.,.....____ ...... ....... ___ ..................................................... .... _ 27 ARTICLE 38, CITY RESPONSIBILITIES AND RIGHTS ............... ............... 28 ARTICLE 39, A SOCIATI0N FIGHTS ..................... ____ .............-.......,.-.- ARTICLE 40, MISCELLANEOUS PROVISIONS....................................................................................... 29 EXHIBIT A - 700.00 TAKE HOME VEHICLE................................__...,--•--.,-.,...,.................................... 3ID EXHIBIT B - DRUG POLIO IDRUG SCREENING.........................................................................„-.,--.. 32 EXHIBIT C — SENIOR POLICE OFFICER, MASTER POLICE OFFICER AND SERGEANT II AND III QUALIFICATIONS .......... .......................... .................................................................................... .,..,. 34 Docusign Envelope ID: 518F24DF-43DA-43AD-BOc3-2E7210286A08 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF PALM SPRINGS MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION (PSPOA) July 1, 2020 — June 30, 2022 GENERAL PROVISIONS ARTICLE 1, TERM The term of this MOU shall be from July 1, 2020 through June 30, 2022. ARTICLE 2, RECOGNITION Pursuant to the provisions of the Meyers-Milias-Brown Act., Government Code Section 3500, et seq., the City of Palm Springs (hereinafter called the "City") continues to recognize the Palm Springs Police Officers' Association (herein called the "Association") as the exclusively recognized employee organization for the employee unit of representation known as the Police Safety Unit, which is comprised of all employees in the Police Department in the following classifications: Police Officer, Senior Police Officer, Master Police Officer, Police Sergeant, Police Sergeant II and Police Sergeant III. (See Resolution No. 17793) ARTICLE 3, 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. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, and has been 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 4, SOLE AND ENTIRE AGREEMENT It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior agreements and memoranda of agreement, or memoranda of understanding, or contrary salary and/or personnel rules and regulations or administrative codes, provisions of the City, oral and written, expressed or implied, between the parties, and shall govern the entire relationship and shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not intended to conflict with Federal or State law or the City's Municipal Code. The Association and the City agree that all personnel rules not specifically included in the MOU shall be incorporated by reference herein. City reserves the right to add to, modify or delete from the Personnel Rules subject to its obligations under the Meyers-Milias-Brown Act. ARTICLE 5, COMPLETION OF MEET AND CONFER PROCESS The Association and the City agree that they had a full and unrestricted right to make, advance, and discuss all matters properly within the scope of meet -and -confer in accordance with State laws and local ordinances and regulations. Each party agrees that it shall not attempt to compel negotiations 3 DocuSign Envelope ID: 61BF24DF-43DA-43AD-8oC3-2E7210286AO8 during the term of this Agreement on matters that were raised during the negotiations that preceded this Agreement or matters that are specifically addressed in the Agreement. Except as expressly changed by this MOU, nothing contained herein shall be deemed to have changed any past practices in so far as known to either party. ARTICLES, SEPARABILITY PROVISIONS Should any provision of this MOU be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this MOU shall remain in full force and effect for the duration of this MOU, provided that if any such affected provisions invalidate or void any benefits of employees covered hereunder, the parties shall forthwith commence negotiations to replace the invalidated benefits with benefits of comparable value. 4 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210288A08 COMPENSATIONS AND OTHER PAY ARTICLE 7, WAGES 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 8, SPECIAL COMPENSATION 8.1 Motor Officer Officers shall receive compensation of five percent (5%) while assigned as Motor Officers. The Police Department shall provide each Motor Officer with a helmet and jacket. The parties agree that to the extent permitted by law, Motor Officer pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Motor Officer Pay. In addition, Motor Officers will receive three (3) hours of pay per month at the rate of fifteen dollars ($15) per hour for the off -duty responsibilities related to caring for their Motor Unit. The parties acknowledge that the FLSA, which governs the entitlement to compensation for off -duty motor duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty motor duties. The parties agree that the officers assigned to the Motor Program may work up to three (3) hours per month on off duty activities related to their motor. The hours derived at in this MOU were determined after an actual inquiry of the Officers assigned as Motor Officers as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). The parties also acknowledge that this pay is not compensation earnable and will not be reported to CaIPERS. 8.2 Canine Officer Officers assigned to the Canine Program shall receive compensation of five percent (5%) while assigned as Canine Officers. The City and Association understand and agree that the five percent (5%) compensation paid to Canine Officers is intended to compensate Canine Officers for their time on duty as Canine Officers. The parties agree that to the extent permitted by law, Canine Officer pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Canine Officer/Animal Premium. In addition, Canine Officers will receive fifteen (15) hours of pay per month at the rate of fifteen dollars ($15) per hour at time and one half for all off duty hours spent caring, grooming, feeding, and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings. The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The parties agree that the officers assigned to the Canine Program may work up to fifteen (15) hours per month in off duty activities related to their Canine. The hours derived at in this MOU were determined after an actual inquiry of the Officers assigned in the Canine Program as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). The parties also acknowledge that this pay is not compensation earnable and will not be reported to CaIPERS. It is the intent of the parties through the provisions of this article to fully comply with the requirements of the FLSA. In addition, both parties believe that this article of the MOU does comply with the requirements of the FLSA. V Docuftn Envelope ID: 51BF24DF-43bA-43AD-SOC3-2E7210286A08 8.3 Field Traininq Officers Field Training Officers (FTO) designated as such by the Chief of Police shall hold that position for a period of four years. Officers designated FTO shall receive compensation of an additional 5% pay while assigned as Field Training Officers. Normally a FTO completing their four-year period will not be eligible for reassignment as an FTO until they has been out of the program for two years. Time requirements may be waived by the Chief of Police. Service time as an FTO may be extended by the Chief of Police. Eligibility for reassignment as an FTO may be waived. The Chief of Police shall determine the number of officers to be assigned as FTOs at any given time, but not less than eight FTOs. The Police Chief may remove with cause an officer from the duties of FTO. The parties agree that to the extent permitted by law, Field Training Officer pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium. 8.4 Bilingual Pay Between July 1, 2020 and the last day of the pay period in which the City Council approved this 2020-2022 MOU, the provisions of the parties 2018-2020 MOU on bilingual pay shall apply. Effective the first day of the pay period following City Council approval of this 2020 — 2022 MOU, the following provisions on bilingual pay shall apply. The parties agree that a minimum of twenty-one (21) officers shall be entitled to bilingual pay for their services as bilingual officers. Employees hired prior to July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to five percent (5%) 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 one half percent (2.5%) for passing the speaking and listening portion of the bilingual proficiency exam and an additional two and one half percent (2.5%) for passing the writing portion of the bilingual proficiency exam for up to a maximum of five percent (5%) of base salary. Employees hired after to July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to two hundred and fifty dollars ($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 for up to a maximum of two hundred and fifty dollars ($250) per month. 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 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. The City will notify employees when they are required to re -test. An employee who passes one of the tests but not the other, will still be eligible to receive their respective bilingual pay (2.5% or $125 per month for the skill passed. In addition, the employee may take a DocuSign Envelope ID: 51 BF24DF-43DA-43AD-SOC3-2E721028BA08 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 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 the respective incentive pay (2.5% or $125 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. The Human Resources Department will coordinate the recertification examination for each employee receiving bilingual pay. In addition to the being recertified every two years, employees who are observed by a supervisor being deficient in the use of their bilingual skills shall, in order to continue to receive bilingual pay, be required to recertify their bilingual skills by taking and passing both (or only the one test if they receive on one of the bilingual pays) bilingual proficiency examinations within 30 days of the observation. If an employee fails one or both of the portions of the examination, they will need to wait until the next regularly scheduled recertification test(s) cycle to recertify for bilingual pay. If only one portion of the exam is passed, the employee will lose the pay for the other half (2.5% or $125 per month) until they take the recertification test again. The Police Chief shall determine the language needs at time of reopening of position. In the event that there are more qualified officers who apply for bilingual pay than the maximum number of bilingual positions available, the selection of the officers receiving such positions shall be based upon seniority. Any officer who accepts a bilingual position shall be subject to scheduling at the discretion of the Police Chief and shall not be entitled to remain a part of the regular shift rotation, but such bilingual officers shall have a separate shift rotation by seniority among the bilingual officers. 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, Bilingual pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium. ARTICLE 9, OVERTIME 9.1 Policy Employees are eligible to receive overtime pay or compensatory time off, but they shall not work rl DocuSign Envelope ID: 51BF24DF-43DA-43AD-SOC3-2E7210286A08 overtime unless authorized in advance to do so by the Police Chief or an appropriate authorized supervisor. The Police Chief shall be responsible for keeping accurate records of all overtime worked by employees. For contract overtime (i.e., special detail overtime work performed for a third party who is paying for the work as provided for in the Department of Labor regulations implementing the FLSA at 29 C.F.R. Section 553.227) the minimum amount of pay is four (4) hours. Employees shall be compensated for overtime worked at time and one-half (1.5) for the time worked in excess of forty (40) hours per workweek. For the overtime computation, the forty hours worked includes paid leaves of absence. 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 it has historically paid in excess of the requirements of the FLSA. 9.2 Right to Receive Overtime Pay or Compensatory Time Off At the Police Chiefs discretion, employees eligible to receive overtime pay may be permitted to accrue compensatory time off (earned at time and one half) in lieu of overtime pay. 9.3 Usinq Compensatory Time Off The Police Chief or the Police Chiefs Designee shall approve a request to use compensatory time off as soon as operationally practical. Requests received with reasonable advance notice shall be approved as long as there is adequate staffing for that shift. Requests for time off will be considered in priority order in which they were received. The Police Chief or their designee may authorize overtime to fill shift vacancies created by comp time off requests. There shall be no obligation to grant all requests for time off should numerous requests be received simultaneously. The Department will hire back up to two employees per shift as long as replacement officers can be hired. No officer shall be compelled to work in order to grant another employee compensatory time off. The parties agree that the policies set forth in this article are consistent with the law on use of compensatory time off as set forth by the FLSA, its regulations and case law decided on this issue. 9.4 Maximum Accumulation of Compensatory Time Off No employee shall accumulate compensatory time off in excess of one hundred and sixty (160) hours. An employee who has accumulated the maximum amount of compensatory time shall not accumulate additional compensatory time when working overtime until the employee's accumulation has been reduced below 160 hours. 9.5 Using Compensatory Time Off for Paid Sick Leave Accumulated compensatory time off may be used for paid sick leave purposes only if an employee has exhausted all accrued paid sick leave, has requested the use of compensatory time off, and has received the approval of the Police Chief. ARTICLE 10, CALL BACK When an employee is called back to work while off duty, the employee shall receive a minimum of four (4) hours pay or four (4) hours of compensatory time. The Police Chief shall determine whether DocuSign Envelope ID: 51BF24DF-43DA-43AD-8OC3-2E7210286A08 the employee receives pay or compensatory time. Employees who are called in to work less than four (4) hours prior to the start time of their regularly scheduled shift shall receive pay for the time actually worked but shall not be entitled to the minimum guarantee of four (4) hours provided in this article. Employees at work who are asked to stay at work shall receive overtime for actual hour; worked, not call-back pay. Employees called back to work shall be paid for actual travel time not exceeding one-half (112) hour which is included in the four (4) hour minimum. ARTICLE 11, UNIFORM AND SAFETY EQUIPMENT ALLOWANCE The City agrees to pay a uniform and safety equipment allowance to each Unit member as a reimbursement for expenses incurred for acquisition and maintenance of uniforms and safety equipment in an amount of one hundred and twenty-five dollars ($125) per month for the uniform allowance and ten dollars ($10) per month the safety equipment allowance. Motor officers shall receive one hundred and fifty dollars ($150) per month for the uniform allowance and ten dollars ($10) per month for the safety equipment allowance. The parties expressly agree that the payment each month of these allowances will cover the expenses of acquisition and replacement of all uniforms and safety equipment required for the various assignments of police officers and police sergeants, and that these allowances will meet any and all obligations the City has by law to provide, furnish, use, or provide for uniforms and safety equipment. Employees shall be required to buy their own required uniforms and safety equipment and to maintain and replace, when necessary, any of the said items, from moneys received from the allowance. In consideration of the City's agreement to pay these allowances, the PSPOA agrees not to commence any litigation or other proceeding in which it is contended the City is failing to comply with a legal obligation to provide safety equipment. 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. ARTICLE 12, MILEAGE REIMBURSEMENT Employees shall receive mileage reimbursement in accordance with existing City policy, at the prevailing IRS rate. ARTICLE 13, PROBATIONARY PERIOD FOR POLICE OFFICERS The probationary period for the position of Police Officer if hired as a new Police Officer whose first job is as a Police Officer with the City of Palm Springs, is eighteen (18) months. If hired as lateral Police Officer (a person who was a Police Officer at any other agency at the time of being hired by the City of Palm Springs) the employee's probationary period is twelve (12) months. Employees promoted to Police Sergeant shall serve a twelve (12) month probation. An employee on probation who uses any form of leave with the exception of vacation or compensatory time off, that exceeds a cumulative total of fourteen (14) work days during the probationary period shall have their probation extended by the length of the leave of absence. In 0 DocuSign Envelope ID: 5113F24DF-43DA-43AD-BOC3-2E7210286A08 addition, the City can extend an employee's probation by up to a maximum of ninety (90) calendar days. Employees will be notified of the extension of their probation prior to the expiration of their initial probationary period. Failure to successfully complete probation as a Police Officer shall result in the employee being released from employment with no right to an administrative appeal. The failure to successfully complete probation as a Police Sergeant will result in the employee's return to the Police Officer classification (Police Officer, Senior Police Officer or Master Police Officer) from which the employee was promoted. A probationary Police Officer who is a new (as opposed to a lateral) Police Officer may be eligible for a merit increase at the sole discretion of the Chief of Police upon completion of twelve (12) months service. If the employee did not receive the merit increase at twelve (12) months and successfully completes their eighteen (18) month probationary period, the Police Officer shall receive their merit increase retroactively to twelve (12) months (i.e., they will receive their merit increases retroactively for six (6) months. The employee's anniversary date for future merit increases shall be the twelve-month anniversary of the employee's hire date. ARTICLE 14, CELL PHONE ALLOWANCE Employees shall be provided a cell phone allowance of $50 per month. It is the policy of the Department that each employee will be required to have a cellular telephone with text capabilities which are active for official Department business use. All employees shall provide the Department with their cell phone number and immediately report any changes to this number to the Office of the Chief of Police. The requirement to possess and use the cell phone in no way assumes a condition of "on call status" while off duty. Except in times of declared emergency and court, employees are not required to use the cell phone while off duty. ARTICLE 15, COURT APPEARANCES 15.1 Compensation for Emplovees' Court Aooearances Employees who are subpoenaed to appear in court during non -working hours regarding official City business, shall be paid for actual court time with a minimum of four (4) hours pay for each day's appearance at time and one-half (1-112) times the officer's regualr hourly rate of pay. 15.2 Cancelled Subpoenas If a subpoena of the type referred to in section 15.1, above, is cancelled twenty-four (24) hours or more before the employee is scheduled to appear or by the end of the employee's last shift prior to the scheduled appearance time, whichever is later, no payment shall be due to the employee. If the subpoena is cancelled less than twenty-four hours prior to the scheduled appearance or later than the end of the employee's last shift prior to the scheduled appearance time, whichever is later, the employee shall be paid a cancellation fee of Fifty Dollars ($50.00). Employees are required to call in to the court liaison officer or their backup to determine whether or not the subpoena has been cancelled. If an employee fails to call in sufficient time to avoid a cancellation fee, no fee shall be paid if the subpoena had in fact been cancelled and the information was available from the liaison officer or their backup. Similarly, no court pay shall be paid under this article if the employee failed to call in and the subpoena had in fact been cancelled. 10 DocuSign Envelope ID: 51BF24DF-43DA-43AD-8DC3-2E721028BA08 BENEFITS ARTICLE 16, 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. 16.1 Health. Dental and Vision Insurance The City agrees to contribute up to the amounts below for calendar years 2020 and 2021 for employees 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. January 1, 2020 Type of Coverage Health Dental Vision Single Party $1,000.48 $37.07 $13.42 Two -Party $1,920.39 $53.47 $13.42 Family $2,035.00 $79.52 $13.42 January 1, 2021 Type of Coverage Health Dental Vision 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 11 DocuSign Envelope ID: 51BF24DF-43DA-43AD-SOC3-2E7210286AO8 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, Proof of Domestic Partner Relationship as issued by a governmental agency, 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). 16.2 Term Life Insurance The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to the employee. 16.3 IRS 125 Plan The City agrees to provide an IRS 125 reimbursement Plan (health care and dependent care) for employees. The Association agrees that member employees who subscribe to the plan shall pay the Plan Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by the Plan Administrator during the enrollment period for the new plan year will become the responsibility of the employee to pay via direct billing. ARTICLE 17, RETIREE HEALTH INSURANCE For all employees hired prior to September 7, 2005, or who had already received a written offer of employment by that date, the City's maximum contribution for its retired employees will be 75% of the insurance premium for retirees coverage upon completion of 20 continuous years of City service, and 100% payment for retirees coverage upon completion of 25 continuous years of City service. 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. Retired employees who have not completed 20 continuous years of City service shall be entitled to participate at their own cost in the Association's 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. For all employees hired after September 7, 2005, there will be no City contribution for retiree health benefits. The City will, however, make a $100.00 per month contribution to an employee Retiree Health Savings Plan and the associated fixed dollar cost of administration. ARTICLE 18, RETIREMENT 18.1 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 12 DocuSign Envelope ID: 51BF24DF-43DA-43AD-8OC3-2E7210286A08 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 (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 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. 18.2 Em to ee Contributions to the Retirement System A. Employees subject to the 3%@50 and 3%@55 formula: 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. The parties acknowledge that this 12% contribution to retirement satisfies the 2018 legislative goal of the Public Employees' Pension Reform Act that safety employees pay up to 12% for their pensions. B. Employees subject to the 2.7%@57 Formula — "New Members" as defined by PEPRA 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. 18.3 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. 18.4 Optional Benefits The City contracts with CalPERS for the following optional benefits: 13 DocuSign Envelope ID: 51BF24DF-43DA-43AD-BDC3-2E7210288A08 A. Pre -retirement death benefits to continue after remarriage of survivor — Government Code section 21551 B. Death Benefit — Government Code section 21620 C. Post Retirement Survivor Allowance — Government Code sections 21624126/28 and 21635 D. 1959 Survivor Benefit Level 4— Government Code section 21574 E. Military Relocation Credit - Government Code section 21024 F. Final Compensation Period One Year - Government Code section 20042 for classic members G. 2% Cost of Living Allowance - Government Code section 21329 H. Prior Service - Government Code section 20055 ARTICLE 19, EDUCATIONAL REIMBURSEMENT A member of the Unit shall receive educational reimbursement for courses either approved through the Tuition Reimbursement Program as set forth in Personnel Rule 18.2 or for other work - related courses approved in advance at the discretion of the Police Chief and the Human Resources Director. The maximum reimbursement shall be as follows: No employee shall receive more than $3,000 per fiscal year in educational reimbursement, subject to a $20,000 cap per fiscal year for all employees in the bargaining unit. 14 DocuSign Envelope ID: 51BF24DF-43DA-43AD-SOC3-2E7210286AO8 WORK HOURS/LEAVE ARTICLE 20, HOURS OF WORK 20.1 Work Week The normal workweek is forty (40) hours during the seven (7) day period starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday. 20.2 Schedule - Specified, Non -Patrol Employees Employees assigned to patrol duty, motorcycle duty or detective duty, the Personnel & Training Sergeant, the Traffic Sergeant, and Canine patrol officers, but excluding the School Campus Officer, shall be allowed to work on a four (4) ten (10) schedule, with the understanding that such schedule can include weekends at the discretion of the Police Chief. It is also agreed that the Personnel & Training Sergeant, and the Traffic Sergeant shall be subject to a "flex schedule", in that their time worked would be adjusted to minimize overtime and provide flexibility in performing their duties, attending official events and functions at which their attendance is necessary. However, the regular scheduled hours of these employee will include three (3) contiguous days off per week. The parties also agree that employees in the unit assigned as Community Policing Officer patrol duty may be assigned to work a 3/12 work schedule. A 3/12 work schedule is illustrated by example as follows: Sun Mon Tue Wed Thu Fri Mon Tue Wed Thu Fri Sat Officer1 12 12 12 8 Off Off12 M120ff 12 Off Off Off Off Officer2 Off Off Off Off 12 12Off Off 8 12 12 12 In this example, the unit member working the 3/12 work schedule shall not receive overtime compensation for working their regularly scheduled hours because the workweek for purposes of receiving MOU overtime shall begin exactly four hours after the start time of the eight hour shift for each employee assigned that work schedule. Thus, the employee will be scheduled to work 40 hours in that workweek. If the City desires to modify an employee's 4/10 work schedule to a 3/12 work schedule (and vice versa) the City shall provide the Association with at least 14 days' advanced notice. The Association shall have the right to request to meet with the City to discuss any impacts it believes the change in work schedule will have on any members of the unit. The Police Chief has the discretion to have Police Officers (any of the three classifications of Police Officers) assigned to the Palm Springs Airport and scheduled to work a schedule consisting of three 12-hour shifts per week with an additional eight (8) hour shift every other week. 20.3 No Guarantee of Hours Nothing contained in this MOU shall be construed to constitute a guarantee of hours of work per day or per workweek or of days of work per work week in the event that the City has a fiscal budget crisis declared by the City Manager. 15 Docuftn Envelope ID:51BF24dF-43DA-43AD-84C3-2E7210286A08 20.4 Shift Assiqnments For shift selection purposes, the early and late day shifts shall be considered separate, as it pertains to the four (4) ten (10) schedule. If the Association wishes to address issues of shift selection, it may make such requests to the Police Chief. 20.5 Work Commuting Any employee hired after July 1, 2000 shall live within an hour's distance of the Police Department so that the officer is able to report to work within an hour. ARTICLE 21, ANNUAL LEAVE 21.1 Definition Annual leave is the period of approved absence with pay from regularly scheduled work that is not properly chargeable to some other category of leave. 21.2 Annual Leave Accrued While on Sick Leave Annual leave shall accrue while an employee is on approved sick leave or occupational sick leave as provided in this MOU up to the 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. 21.3 Annual Leave for Reinstated Employees (Employees Previously Employed by the City) Notwithstanding other provisions of this MOU, for annual leave purposes only, reinstated employees shall receive service credit for their prior regular (non -temporary) employment and shall accrue annual leave commencing with the effective date of such reinstatement at the current accrual rate applicable to the service credit they received. 21.4 Annual Leave General Provisions Employees may utilize their annual leave at the discretion of the Police Chief. Annual leave need only be used to cover shifts on regularly assigned days, not additional shifts. Annual leave shall be paid at the employee's straight time base hourly rate of pay in effect during the leave period. 21.5 Accrual Rates Annual leave shall accrue and vest (and is thus, subject to cash out) on the basis of each full month worked in accordance with the following schedule: Years Of Service ours Accrued AndVested or Each Full Month Worked 0 Through 5 8 6 Through 10 10 11 12.67 12 13.34 13 14 14 14.67 15 15.34 16 DocuSign Envelope ID: 51BF24DF-43DA-43AD-8OC3-2E7210286Ao8 16 16 17 16.67 Annual leave shall begin to accrue on the first day of the month following employment with the City. 21.6 Maximum Accrual Annual leave shall accrue to a maximum of four hundred (400) hours. An employee whose accrual is at 400 hours shall not accrue additional annual leave unless and until they use such leave bringing his balance below 400 hours or cashes in such leave per article 21.7 of this MOU. 21.7 Annual Leave Cash -In 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 (with a maximum of 160 hours) at the employee's base salary 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 13.34 hours per month - 160 hours per year, 80 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 fours on both the second pay day in July and the first pay day in 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 160 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 to cash out annual leave as described above (i.e., up to 80 hours with the second pay day in July and the first pay day in December or the entire 160 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 160 hours of annual leave will have the ability to increase it to 160 hours if they have an unforeseen emergency. 21.8 Payment of Annual Leave at Separation From City Employment 17 DocuSign Envelope ID: 51BF24DF-43DA-43AD-SDC3-2E7210266A08 Upon separation, all unpaid accrued and vested annual leave will be paid at the employee's current base salary rate of pay. 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. ARTICLE 22, PAYMENT IN LIEU OF HOLIDAYS In lieu of all City recognized holidays, employees shall be paid 3.67 hours per pay period (for the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time base 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 23, SICK LEAVE AND LEAVE PURSUANT TO A WORKERS' COMPENSATION INJURY OR ILLNESS 23.1 Industrial Leave Employees who are compelled to be absent from duty because of illness or injury covered by State of California Workers' Compensation Insurance & Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid their normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850 and court interpretations of that law. Any period of time during which an employee is required to be absent from their position by reason of an industrial injury or industrial illness for which they are entitled to receive compensation, shall not be considered a break in continuous service for the purpose of their right to salary adjustment or to the accrual of annual/sick leave and seniority. 23.2 Sick Leave Maximum Accrual Sick leave shall accrue to a maximum of three (3) months or five hundred and twenty (520) hours. Sick leave shall begin to accrue on the first day of the month following employment with the City. Employees who accumulate over 520 sick leave hours will have an opportunity to casts 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. 23.3 Accrual Rates For the first twelve (12) months of continuous service employees shall accrue sick leave at the rate of five (5) hours for each full month of service. After completion of twelve (12) months of continuous service, employees shall accrue sick leave at the rate of ten (10) hours for each full month of service. DocuSign Envelope ID: 61BF24DF-43DA-43AD-8OC3-2E7218286Ao8 23.4 Disposition of Sick Leave upon Retirement Unless converted to service credit, unit members shall be paid for accrued, vested and unused sick leave and excess sick leave (having been accrued at that time of the year) upon a public safety service or disability retirement. All unpaid accrued and vested sick leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law. ARTICLE 24, REINSTATED EMPLOYEES An employee who leaves employment (i.e., not an employee on a leave of absence, but who is no longer a City employee) with the City and returns to work to a position in this Unit within one (1) year thereafter shall be treated in all respects as a new employee regarding shift assignments, scheduling of vacations and days off and with respect to promotions. Benefit accruals for such reinstated officers shall be governed by the existing benefit accrual rules. ARTICLE 25, ADVANCED OFFICER TRAINING SCHEDULE The Association agrees that City can change schedules three (3) times a year to accommodate Advanced Officer Training Schedule. Each schedule change not to exceed fourteen (14) days. If training occurs during Spring Break schedule, it will be considered Advanced Officer Training. ARTICLE 26, DETECTIVES AND DETECTIVE SERGEANTS The Police Chief shall determine the number of officers to be assigned as detectives at any given time and shall determine whether or not there is a continuing need to have any given officer work as a detective. ARTICLE 27, LIGHT DUTY ASSIGNMENTS The City and the Association agree that the Police Chief shall have complete discretion to decide whether or not light duty work can be made available to an employee who is unable to perform their regular duties due to a non -work related illness or injury. 19 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 EMPLOYER/EMPLOYEE RELATIONS ARTICLE 28, DRUG POLICY/DRUG SCREENING This policy is attached and incorporated by reference into this Agreement as Exhibit B. The parties acknowledge and agree that this topic is subject to meet and confer per the Meyers Milias Brown Act. ARTICLE 29, ANTI -NEPOTISM POLICY 29.1 The PSPOA and the City agree that no persons related by blood may be employed in the Palm Springs Police Department at the same time. Consistent with the definition for non -spouse relatives in City Personnel Rule 9.4, related by blood shall include an employee's child, parent, grandparent, brother, sister, grandchild, uncle, nephew, niece and first cousin. This Article does not apply to sibling relationships or parent/child relationships if the sibling, parent or child is within 24 months of normal retirement. Employees of the Palm Springs Police Department employed prior to July 1, 1998 and related by blood to another employee of the Palm Springs Police Department employee who was also employed prior to July 1, 1998, are exempted from the above, but in no case shall any employee be supervised by a person related by blood. 29.2 Consistent with City Personnel Rule 9.4, the initial employment of persons related by marriage to City employees will not be permitted within the Palm Springs Police Department unless specifically approved by the City Manager. A. They shall not work the same patrol hours. For purposes of this regulation, motors will be viewed as a patrol assignment. B. They shall not work on the same shift or any shift that overlaps with a shift that the other spouse works. C. They shall not work any overtime or contract overtime at the same time. D. They shall not work any special assignments at the same time, including task forces. E. They shall not supervise one another at any time. F. They shall not be assigned to investigate one another or in any manner participate in an investigation of an incident that involves a spouse, including but not limited to incidents where the spouse is an investigator, subject, victim or witness in the incident. Supervisors may make exceptions to A. through D. only in emergency situations. ARTICLE 30, PROMOTIONAL PROCESS Whenever there is a promotion to the position of Police Sergeant, a Rule of 5, i.e., the top five candidates (assuming there are at least five) on the eligibility list in ranked order, shall be presented to the Police Chief for consideration. If any of the candidates chosen for promotion to 20 DocuSign Envelope ID: 59BF24DF-43DA-43AD-80C3-2E7210286A08 Police Sergeant are passed over by the Police Chief, i.e., the Police Chief does not pick the highest ranking person remaining on the list, the Chief will provide an explanation (orally or in writing) to the person passed over as to why another candidate was chosen for the promotion. ARTICLE 31, WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS Employees are precluded from carrying any weapon other than a weapon of the type or types prescribed by the Police Department and heretofore agreed upon with the Association. ARTICLE 32, WRITTEN REPORTS A unit member has the right to have an attorney present when preparing a written incident report for an officer -involved shooting. Such reports must be submitted to the watch commander or designated supervisor within three working days of the incident. The attorney must be present when the report is submitted, in the event that the reviewing official needs further information. ARTICLE 33, GRIEVANCE PROCEDURE 33.1 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. 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. C. Release or lay-off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure. 33.2 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 21 DocuSign Envelope ID: 51SF24DF-43DA-43AD-80C3-2E7210286AO8 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 mutual 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. 33.3 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. 33.4 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, 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. B. 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 22 DocuSign Envelope ID: 51SF24DE-43DA-43AD-80C3-2E7210286AOB 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 33.1A. ARTICLE 34, DISCIPLINARY APPEALS PROCESS The disciplinary appeals process is as follows: 34.1 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. B. Hearings 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 23 DocuSign Envelope ID. 51BF24DF-43DA-43AD-80C3-2E7210286A08 same extent that they are now or hereafter may be recognized in civil and 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 shali 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, 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 24 DocuSign Envelope ID: 51BF24DF-43DA-43AD-84C3-2E7210286AQ8 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. 34.2 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 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, 25 DocuSign Envelope ID: 5113F240E-43DA-43AD-8OC3-2E7210286AO8 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. (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. 26 DocuSign Envelope ID: 51BF24DF-43DA-43AD-8OC3-2E7210286A08 ARTICLE 35, ASSOCIATION TIME The Police Chief has the authority to grant the Association President, or their designee, time off with pay to attend conferences or other events not to exceed forty (40) hours in a calendar year (except as shall otherwise be provided by the Chief of Police). The Association shall be provided with seven hundred and fifty (750) hours of paid release time annually to be used by Association Board members to conduct union business. The 750 hours are to be used for release from work. The 750 hours cannot be used by an employee during an employee's off duty hours and then applied to work hours. The 750 hours must be tracked by use of a separate payroll code so that each time it is used it is specifically accounted for on the time sheet of the employee who uses it. Board members wishing to use this release time must seek approval from their supervisor in advance. Approval will be granted if reasonable notice is provided to address the work load or any operations issues caused by the Board member's absence. However, the Department, through its supervisors, retains the discretion to deny a request to use such time for operational reasons but cannot and will not act unreasonably in granting a request to use such time. This release time does not accrue. Each January 1st there will be seven hundred and fifty (750) hours to be used for the calendar year. If any of the 750 hours are not used, they do not carry over to the next year. The POA President is responsible for keeping track of the hours used by the Association and will inform the Human Resources Director each quarter of the hours used by the Board members. ARTICLE 36, STRIKES AND WORK STOPPAGES 36.1 Prohibited Conduct The Association, its officers, agents, representatives and/or members agree that during the term of this MOU, they will not cause or condone any strike, sympathy strike, walkout, slowdown, sick-out, or any other unlawful job action or concerted activity by withholding or refusing to perform services. Any employee who participates in any conduct prohibited in Article 36.1(A) above, may be subject to suspension, demotion or dismissal by the City. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below in Article 36.2, Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review Procedure and dues deduction. 36.2 Association Resoonsibili In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Article 36.1(A), 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 said Article 36.1(A) and return to work. ARTICLE 37, LAYOFF AND RECALL The Association agrees to Personnel Rule 13.3 Layoff and Recall, except that if a Police Sergeant bumps to Police Officer as a result of layoffs, the "Classification Seniority" in the position of Police PIN DocuSign Envelope ID; 51BF24DF-43DA-43AD-8DC3-2E721028BA08 Officer will be defined as the time in the classification of Police Officer plus the time in classification of Police Sergeant. Where Personnel Rule 13.3 indicates that job performance shall be considered, for members of the Police Safety Unit, an employee's final ranking of the eligibility list for the position will be considered instead. ARTICLE 38, CITY RESPONSIBILITIES AND RIGHTS In order to insure that the City is able to carry out its functions and responsibilities imposed by law, the City of Palm Springs has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services and therefore the following matters shall be within the exclusive discretion of the City: A. To determine issues of public policy; B. To determine the merits, necessity, or organization of any service or activity conducted by the City; C. To determine and change the facilities, methods, means, and personnel by which City operations are to be conducted; D. To expand or diminish services; E. To determine and change the number of locations, relocations, and types of operations and the processes and materials to be employed in carrying out all City functions, including but not limited to, the right to subcontract any work or operations; F. To determine the size and composition of the work force, to assign work to employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments, and to determine the days and hours when employees shall work; G. To relieve employees from duty because of lack of work or other non -disciplinary reasons; H. To discharge, suspend, or otherwise discipline employees for proper cause in accordance with established personnel rules, I. To determine job classifications; J. To hire, transfer, promote, and demote employees for non -disciplinary reasons; K. To determine policies, procedures and standards for selecting, training and promotion of employees; L. To establish employee performance standards including but not limited to, quality and quantity standards; M. To establish reasonable work and safety rules. The City, in exercising these rights and functions, will not discriminate against any employee because of membership or non -membership in any employee organization. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of Management's rights shall 28 Docusign Envelope ID: 61BF24DF-43DA-43AD-80C3-2E7210286A08 impact on a significant number of employees, the City and the Association agree to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this Agreement. ARTICLE 39, ASSOCIATION RIGHTS A. Deduction of dues and/or Association sponsored programs. B. The Association shall have the right to use a Police Department bulletin board for communications with its members. Any communication shall be in accordance with applicable ordinances, statutes and laws. C. The Association shall have the right and responsibility to use and maintain the "Officer/Employee of the Year Photo Display." ARTICLE 40, MISCELLANEOUS PROVISIONS The parties will try to work cooperatively when handling claims against police officers and the City for the purpose having consistent positions to better handle such claims. 40.1 Joint Drafting Each party has cooperated in the drafting and preparation of this MOU. Hence, in any construction to be made of this MOU, the same shall not be construed against any party. 40.2 Modification This MOU may only be modified or amended by written agreement between the parties and must be subsequently approved by the City Council. 40.3 City Council Approval The MERR and the Association 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. This MOU constitutes a joint recommendation by the MERR and the Association, after ratification of the Association's membership, to be submitted to the City Council for its determination and approval by one or more resolutions, as the City Council may deem fit and proper. This MOU is of no force or effect unless or until ratified and approved by the City Council of the City. 40.4 Police Department Policy 700.00 — Take Home Vehicles This policy is attached and incorporated by reference into this Agreement as Exhibit A. DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 EXHIBIT A - 700.00 TAKE HOME VEHICLES POLICY The City Manager shall authorize take home vehicles for patrol officers living within either the Palm Springs city limits, or in certain instances, within 33 miles of the Palm Springs city limits as determined by Google Maps or another map software agreeable to both parties. Motor Officers will be eligible for a take home motorcycle. Marked police vehicles will be assigned as take home vehicles by the Police Chief to sworn officers who reside within the city limits of Palm Springs based upon vehicle availability and seniority of the officer. Marked vehicles may also be assigned to officers in critical assignments requiring an immediate response. Critical assignments are described as sergeants, SRT, K-9 and Traffic. Unmarked police vehicles will be assigned to sworn officers in Detective, Traffic (except Motor officers) and administrative positions. No officer will be eligible to participate in the take home program until they have successfully completed their FTO training. Notwithstanding any provision of this policy, the City of Palm Springs is only obligated to purchase a maximum of five (5) new vehicles per year pursuant to this policy. This means that if a unit member is unable to be provided a vehicle (because there are an insufficient number of operable vehicles to provide a take home vehicle to every member of the unit who would qualify for a vehicle) they will not be provided as such. In such case, the determination as to who will qualify for a take home vehicle will be based on seniority. WRIArelaoul 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 33-mile radius from the City of Palm Springs city limits. A unit member who is assigned a take home car may use the car to commute back and forth to work, including stopping on the normal route for personal purposes. However, the take home car 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 car on days when they are 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. Officers, 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. Officers who are not assigned a take home vehicle shall park their assigned vehicle at the police department. Those officers 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. 30 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210286A08 DUTY TO RESPOND Officers driving a take home vehicle may not ignore stranded or disabled motorists, traffic collisions, or any hazardous conditions they observe. The officer must have the equipment necessary to respond and shall activate the radio, notify Dispatch of the situation and take action if deemed appropriate. PARKING Officers 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 privilege may be suspended if the officer has two or more preventable accidents within a three-year period, or if they fail to follow the guidelines set forth in this policy. 31 DocuSign Envelope ID- 51BF24DF-43DA-43AD-8OC3-2E7210286Ao8 EXHIBIT 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." The City of Palm Springs and the Association recognize that their future is dependent on the physical and psychological well-being of all employees. The City and the Association mutually acknowledge that a drug and alcohol -free work environment benefits employees and citizens. 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. This prohibition shall not apply to legitimate undercover activities of Police Officers that are undertaken in accordance with the direction of the Police Department. Being under the influence of drugs or alcohol shall mean having a blood alcohol content of .04% or higher and having any residue or metabolite of illegal drugs in the body. Section 2 When the City has a reasonable suspicion that an employee is, or may be, impaired or affected on the job by alcohol or illegal drugs, or that alcohol or illegal drugs are, or may be, present in an employee's body in violation of the rules set forth in this policy, the employee shall be required to submit to an blood alcohol/drug screen test immediately upon demand by the City. Reasonable suspicion of controlled substance or alcohol use may be based on appropriate factors, including excessive absenteeism or attendance problems, poor work performance or erratic, threatening or violent behavior coupled with other conditions, including but no limited to the following: bloodshot or watery eyes, very large or very small pupils, runny nose, excessive perspiration, nausea and vomiting, lack of coordination, slurred speech or unpredictable responses to ordinary requests. Refusal to submit to such a test amounts to insubordination and shall be sufficient grounds for dismissal. Any employee failing such a test, or who tampers with the test specimen, shall be subject to dismissal from the City. Section 3 Any manager or supervisor requesting an employee to submit to a substance screening shall document in writing the fact constituting reasonable suspicion and shall give the employee a copy. This report must advise the employee of his 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 and alcohol screening, there shall be no delay in the testing process based on an employee's request to be represented. 32 DocuSign Envelope ID: 51BF24DF-43DA-43AD-8DC3-2E7210286Ao8 Section 4 The supervisor, or designee, shall transport the suspected employee to the testing facility for a blood test. Testing shall occur on City time and be paid for by the City. 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 they so choose, 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 would not insulate the employee from disciplinary action already contemplated based on the employee's violation of this policy. 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 may 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". 33 DocuSign Envelope iD: 51BF24DF-43DA-43AD-80C3-2E7210286A08 EXHIBIT C - SENIOR POLICE OFFICER, MASTER POLICE OFFICER AND SERGEANT II AND III QUALIFICATIONS A Police Officer can be reclassified to the classifications of Senior Police Officer and Master Officer and a Sergeant can be reclassified to the classifications of Sergeant II and Sergeant III once the City certifies that the employee meets the minimum qualifications of the higher -level classification. The minimum qualifications for each classification are as follows: Senior Police Officer A. Current or previous service of a minimum of two (2) years of experience within the past four (4) years as a Police Officer with a California law enforcement agency and have successfully completed a POST approved patrol field -training program. B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record C. Possession of a California Intermediate P.O.S.T. Certificate or an approved California Intermediate P.O.S.T certificate application verified by the Administrative Services Sergeant of the Palm Springs Police Department D. Possession of, or ability to obtain, an appropriate, valid C.P.R. Certificate. Master Police Officer A. Current or previous service of a minimum of three (3) years of experience within the past five (5) years as a Police Officer with a California law enforcement agency and have successfully completed a POST approved patrol field -training program. B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record. C. Possession of a California Advanced P.O.S.T. Certificate or an approved California Advanced P.O.S.T certificate application verified by the Administrative Services Sergeant of the Palm Springs Police Department. D. Possession of, or ability to obtain, an appropriate, valid C.P.R. Certificate. Police Sergeant ll A. A minimum of one (1) year of experience as a Police Sergeant with the City of Palm Springs and currently on non -probationary status with the City of Palm Springs. B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record. Police Sergeant III A. A minimum of two (2) years of experience as a Police Sergeant with the City of Palm Springs. 34 DocuSign Envelope ID: 51BF24DF-43DA-43AD-80C3-2E7210288A08 B. A current performance evaluation in which the employee was rated overall satisfactory or higher. C. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory driving record. D. Possession of a California Supervisory P.O.S.T. Certificate or an approved California Supervisory P.O.S.T certificate application verified by the Administrative Services Sergeant of the Palm Springs Police Department. To request reclassification to the next classification level, an employee must be actively at work, (i.e., not off on a leave of absence) complete a Reclassification Request form (including supporting documentation of required education or P.O.S.T Certification) and submit it for approval via the chain of command. If all qualifications are met, the Police Chief will authorize the Professional Standards Unit to generate a Personnel Action Form to initiate the reclassification. The effective date of the reclassification is the beginning of the pay period after the Human Resources Department receives and certifies the employee has met all of the eligibility requirements. Upon reclassification, the employee will be placed at the same salary step as they are currently (i.e. upon reclassification, a Police Officer at Step 4 will be placed at Senior Police Officer Step 4). A reclassified employee will not be required to serve a new probationary period and the employee's dates for performance evaluations and merit increases will remain on the same schedule. 35 DocuSign Envelope ID: 51BF240E-43DA-43AD-8OC3-2E7210286AO8 PALM SPRINGS POLICE OFFICERS' ASSOCIATION REPRESENTATIVE Date: By: Tiffany Moran Lead Negotiator, Tiffany Moran By. Joseph cook POA President, Joseph Cook By: Michael Torres POA Vice President, Michael Torres By: ]effrey Burton POA Treasurer, Jeff Burton By: Stefanie Hutchinson POA Secretary, Stephanie Hutchinson Signature 494L (A Signature AiAAt � Dms Signature fAdhIA, Signs re Signature MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE Date: 7LO&1aro a-1 By: By: p&y f mgjaa, City Manager Labor Attorney Attest: By: Clerk Approved to form: By: - CiAtt44ey >Z�yCrrY ColiNC" ! Q D D Direct r of Human Resources Council Approval: 36