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HomeMy WebLinkAbout7/19/2000 - STAFF REPORTS (40) Date: July 19, 2000 To: City Council From: Director of Human Resources via City Manager MEMORANDUM OF UNDERSTANDING — POLICE SAFETY UNIT RECOMMENDATION: It is recommended that City Council adopt a Resolution approving a Memorandum of Understanding with the Palm Springs Police Officers Association (PSPOA) for a four-year period, July 1, 2000, through June 30, 2004. BACKGROUND: Representatives of the Palm Springs Police Officers Association (PSPOA) have met and conferred in good faith with the Municipal Employee Relations Representative (MERR) and have reached agreement for the period July 1, 2000, through June 30, 2004. SUSAN E. MILLS Director of Human Resources APPRO � ' ITY MANAGER ATTACHMENTS: 1. Resolution — Approving Palm Springs Police Officers Association (PSPOA) Memorandum of Understanding 4s7/ MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION (PSPOA) REPRESENTING THE POLICE SAFETY UNIT JULY 1, 2000—JUNE 30, 2004 Pursuant to the provisions of the Meyer-Milias-Brown Act., Government Code Section 3500, et. seq., the City of Palm Springs (hereinafter called the "City") has recognized the Palm Springs Police Officers' Association (herein called the "Association") as the recognized representative of all sworn police officers in the Police Department except the following executive, management and supervisory classifications: Police Chief, Police Captain and Police Commander. .• 10.01 rein 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: 2.1 To determine issues of public policy; 2.2 To determine the merits, necessity, or organization of any service or activity conducted by the City; 2.3 To determine and change the facilities, methods, means, and personnel by which City operations are to be conducted; 2.4 To expand or diminish services; 2.5 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; 2.6 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; 2.7 To relieve employees from duty because of lack of work or other non- disciplinary reasons; 2.8 To discharge, suspend, or otherwise discipline employees for proper cause in accordance with established personnel rules; 2.9 To determine job classifications; 2.10 To hire, transfer, promote, and demote employees for non-disciplinary reasons; 2.11 To determine policies, procedures and standards for selecting, training and promotion of employees; 2.12 To establish employee performance standards including but not limited to, quality and quantity standards; 2 2.13 To establish reasonable work and safety rules. 2.14 The City, in exercising these rights and functions, will not discriminate against any employee because of membership or non-membership in any employee organization. 2.15 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 impact on a significant number of employees of the bargaining unit, 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. • • • • • 3.1 Deduction of dues and/or Association sponsored programs. 3.2 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. 3.3 The Association shall have the right and responsibility to use and maintain the "Officer/Employee of the Year Photo Display." RI a I us]I a I N 0 156111' • • ' 4.1 Work Week The normal work week for full-time employees is forty (40) hours consisting of five (5) eight (8) hour or four(4) ten (10) hour work days during the seven (7) 3 day period starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday. 4,2. Schedule - Patrol The PSPOA agrees that the patrol division shall start a three (3) twelve and a half (12 1/2) work schedule for a test period of between September 2000 and September 2002. This three (3) twelve and a half (12 ''/z) schedule shall not apply to any other employees covered by this Agreement. Chief Weigel and the PSPOA will agree on the specific scheduling under the three (3) twelve and a half (12 ''/z) Plan. Prior to completion of the test period, Police Chief Weigel and the PSPOA shalt evaluate the program and the Chief shall, with input from the PSPOA, make the determination about whether or not the three (3) twelve and a half (12 ''/2) Plan will be continued. In the event the three (3) twelve and a half(12 '/) Plan is discontinued, the PSPOA members will revert to the four(4) ten (10) schedule. 4.3 Schedule - Specified, Non-patrol Safety Unit Members For the term of this contract police safety unit positions assigned to motorcycle duty or detective duty, the Community Project Officer, the D.A.R.E. Officer, the Personnel & Training Sergeant, the Traffic Sergeant, Canine patrol officers, and the Public Information/Administrative Sergeant, 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 Community Project Officer, the D.A.R.E. Officer, the Personnel & Training Sergeant, the Traffic Sergeant, and the Public Information/Administrative 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, in such a manner that their (3) days off per week may not be contiguous nor would their hours of work always be on a rigid schedule. 4.4 Spring Break Scheduling The City and the Association agree, that so long as non-patrol safety unit members are on a four (4) ten (10) schedule, as provided in Section 4.3 herein, the City may alter scheduled duty hours for a contiguous period of 24 days, which includes Easter Sunday, to provide necessary police manning and training during Spring Break. It is further agreed that such spring Break schedules will provide at least an eight (8) hour period between scheduled work assignments. 4.5 No Guarantee of Hours 4 Nothing contained in this MOU shall be construed to constitute a guarantee of hours of work per day or per work week or of days of work per work week in the event that the City has a fiscal budget crisis declared by the City Manager. 4.6 Shift Assignments For shift selection purposes, the early and late day shifts shall be considered separate, as it pertains to the four(4) ten (10) Plan. 4.7 Work Commuting Any officer hired after the effective date of the agreement shall live within an hour's distance of the Police Department so that the officer is able to report to work within an hour. Cost of living salary increases as follows: 7-9-00 3% 6-24-2001 Not less than 2% nor more than 4% tied to the highest CPI (all urban consumers), April to April, among U.S., West and/or Los Angeles, Riverside, Orange 6-30-2002 Not less than 2% nor more than 4% tied to the highest CPI (all urban consumers), April to April, among U.S, West and/or Los Angeles, Riverside, Orange 6-29-2003 Not less than 2% nor more than 4%tied to the highest CPI (all urban consumers), April to April, among U.S, West and/or Los Angeles, Riverside, Orange Effective April 1, 2001, based on the salary survey FY 2000, the City of Palm Springs agrees to a 2.5% range adjustment to median for the positions of police officer and police sergeant. This MOU includes and incorporates by reference herein Section 11.2 of the City's Personnel Rules which have been amended as follows: 5 Section 11.2 establishes a modification in the probationary period for the position of Police Officer from twelve to eighteen months. However, such probationary employee may be eligible for a merit increase at the sole discretion of the Chief of Police upon completion of twelve (12) months service. After completion of the eighteen-month probationary period, if the Police Officer becomes "regular status", then the City will, if the employee was not granted a merit increase upon twelve (12) months of initial service as provided above, pay him six months retro pay. The employee's anniversary date for future merit increases shall be the twelve month anniversary of his hire date. 7.1 Policy Police Safety Unit members are eligible to receive overtime pay or compensatory time, but they shall not work overtime unless authorized in advance to do so by the Police Chief or appropriate authorized supervisor. The Police Chief shall be responsible for keeping accurate records of all overtime worked by employees. 7.2 Police Safety Unit Members of the Police Safety Unit shall be compensated for overtime worked at a rate of fifty percent (50%) above the employee's regular hourly rate of pay for the time worked in excess of forty (40) hours per work week. For overtime computation, the forty hours worked are to include any leave of absence with pay. 7.3 Eligible Employee At the Police Chiefs discretion, employees eligible to receive overtime pay may be granted compensatory time in lieu of overtime pay in accordance with the rates and provisions provided in this MOU for overtime. 7.4 Using Compensatory Time The Police Chief or Designee shall approve 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 his/her 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 6 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. 7.5 Maximum Accumulation Effective July 1, 1992, no Police Safety Unit employee shall accumulate compensatory time in excess of eighty (80) hours. An employee who has accumulated the maximum amount of compensatory time shall not work overtime on a compensatory time basis until the accumulation has been reduced to less than the maximum accumulation allowed under this MOU. 7.6 Using Compensatory Time for Paid Sick Leave Compensatory time 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, has received the approval of the Police Chief, and has such compensatory time available. 8.1 Call Back Pay When an employee is called back to work, the employee shall receive a minimum of two (2) hours pay or two (2) hours of compensatory time. The Police Chief shall determine whether the employee receives pay or time. An employee who is called in less than two (2) hours early for his regularly scheduled shift shall receive pay for the time actually worked but shall not be entitled to a minimum guarantee of two (2) hours pay or two (2) hours of compensatory time. 8.2 Police Safety Unit employees called out or called back shall be paid for actual travel time not exceeding one-half (1/2) hour which is included in the two (2) hour minimum. 9.1 Compensation for Safety Police Unit Employees' Court Appearances Police Safety Unit Employees who are subpoenaed to appear in court during non-working hours regarding official City business, shall be paid for actual 7 court time with a minimum of three (4) hours pay for each day's appearance at one and one-half (1-1/2) times the officer's regular hourly rate of pay, effective 7-1-1999 9.2 If a subpoena of the type referred to in section 8.1, 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 twenty-five Dollars ($25.00). Employees are required to call in to the court liaison officer or his/her 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 his/her backup. Similarly, no court pay shall be paid under section employee failed to call in and the subpoena had in fact been cancelled. us]NO[on WTVA In IN OW In 104 IN 1 MWO1 on Police Safety Unit employees, in lieu of all City recognized holidays, shall be paid 4.0 hours per pay period at their straight time hourly rate. 11.1 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. 11.2 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 two hundred forty (240) hours. 11.3 Annual Leave for Reinstated Employees Notwithstanding other provisions of this MOU, for annual leave (vacation) purposes only, eligible reinstated employees shall receive service credit for 8 the most recent prior regular employment and shall accrue annual leave (vacation) commencing with the effective date of such reinstatement at the current accrual rate applicable to the service credit they received. 11.4 Annual Leave (Vacation) General Provisions The time when annual leave (vacation) may be taken will be at the discretion of the Police Chief. For purposes of computing annual leave (vacation) usage, regularly assigned days off shall not be counted as "working days." Annual leave (vacation) shall be paid at the employee's straight time hourly rate of pay in effect during the leave period. 11.5 Accrual Rates For employees in the Police Safety Unit, annual leave shall accrue and vest on the basis of each full month worked in accordance with the following schedule: YEARS OF HOURS ACCRUED SERVICE &VESTED FOR EACH FULL MONTH WORKED O through 5 8 6 through 10 10 11 12.67 12 13.34 13 14 14 14.67 15 15.34 16 16 17 16.67 11.6 Vesting of Annual Leave for Employees Hired After July 1, 1979 An employee hired on or after July 1, 1979, shall accrue the first year's annual leave on the anniversary of the individual's most recent hire date and there shall be no proration whatsoever of annual leave accrual for that year. After the first anniversary of the individual's most recent hire date, annual leave shall be accrued on the basis of each full month worked. No annual leave shall vest for these employees until it is accrued as provided for in this Subsection. 9 11.7 Maximum Accrual Annual leave (vacation) shall accrue to a maximum of three hundred (300) hours. 11.8 Annual Leave Cash-In Employees in the Police Safety unit who use at least eighty (80) hours of annual leave per year may request payment for up to a total of eighty (80) hours of annual leave per year in lieu of time off. Such cash-ins of annual leave shall be permitted twice per year on the last pay day of July, and the first pay day of December. 11.9 Disposition of Annual Leave Upon Separation Upon termination 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. 12.1 Each `safety member' employee covered by the provisions of Labor Code Section 4850 who is compelled to be absent from duty because of illness or injury covered by State of California Worker's Compensation Insurance & Safety Act shall, in lieu of temporary disability compensation payable under the aforementioned Act, continue to be paid his or her normal salary and accrue other benefits in accordance with the provisions of Labor Code Section 4850. 12.2 Any period of time during which an employee is required to be absent from his or her position by reason of an industrial injury or industrial illness for which he or she is entitled to receive compensation, shall not be considered a break in continuous service for the purpose of his or her right to salary adjustment or to the accrual of vacation/sick leave and seniority. 12.3 Unlimited Accrual Unused sick leave shall accrue without limitation. 10 12.4 Accrual Rates Full-time employees shall for the first twelve (12) months of continuous service accrue sick leave at the rate of four (4) hours for each full month of service, and part-time employees normally working not less than twenty (20) hours per week shall accrue sick leave at the rate of two (2) hours for each full month of service. After completion of twelve (12) months of continuous service, full-time employees shall earn sick leave at the rate of eight (8) hours for each full month of service and part-time employees normally working not less than twenty (20) hours per week shall accrue sick leave at the rate of four(4) hours for each full month of service. 12.5 Eligible to Use Police Safety Unit employees are eligible to use accrued sick leave upon completion of six (6) continuous months of service with the City of Palm Springs. 12.6 Sick Leave Payout As of December 1st of any year, employees who have accumulated during the preceding twelve (12) month period, at least sixty-six (66) hours of unused paid sick leave shall be compensated by a cash payment during the first full pay period in December in an amount equal to the employee's straight time hourly rate of pay for one-fourth (1/4) of those unused accumulated sick leave hours. The remaining three-fourths (3/4) of those unused accumulated sick leave hours shall remain credited to the employee's paid sick leave account. 12.7 Disposition of Sick Leave Upon Separation Regular employees who separate shall receive compensation for one-fourth (1/4) of any unused sick leave accrued and vested to and including the date of November 30, 1973, (referred to as old sick leave). The unused sick leave will be paid at the employee's current salary rate. Should an employee use sick leave so as to reduce the accrued total below that existing as of November 30, 1973, then the said one-fourth compensation shall be paid only with respect to the lowest amount of accumulated sick leave which remained credited to such employee's account at any time after November 30, 1973. Police safety employees shall be paid for accrued, vested and unused sick leave (referred to as sick leave bank) upon a public safety service or disability retirement. All unpaid accrued and vested sick leave of deceased employees 11 shall be paid to the estate of said deceased except as otherwise provided by law. 1:19111111401- - • • 13.1 Uniform and Safety Equipment The City agrees to continue paying a uniform and safety equipment allowance to each Police Safety Unit employee as a reimbursement for expenses incurred for acquisition and maintenance of uniforms and safety equipment in an amount of one hundred and thirty-five dollars ($135) per month. Motor officers shall receive one hundred and sixty dollars ($160) per month. The parties expressly agree that the payment each month of said allowance 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 said allowance will meet any and all obligations the City has by law to provide, furnish, use, or provide for the said 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 afore stated allowance. In consideration of the City's agreement to pay said allowance, the PSPOA agrees not to commence during the effective period of this MOU, any litigation or other proceeding in which it is contended the City is failing to comply with a legal obligation to provide safety equipment. 13.2 Master, Senior Police Officer and Sergeant Pay Provision Senior Police 'Officer, To qualify for this additional title and a 5% pay increment, you must have an Intermediate P.O.S.T. Certificate or an Associate of Arts Degree from an accredited college or university. You must also have at least 2 years of experience as a Police Officer with the Palm Springs Police Department; and you must provide a copy of a current "within the last 6 months" copy of your last performance evaluation in which you were rated satisfactory or higher. Master' P.olice Officer: To qualify for this additional title and a 5% pay increment, you must have an Advanced P.O.S.T. Certificate or a Bachelor's Degree from an accredited college or university. You must also have at least 3 years of experience as a Police Officer with the Palm Springs Police 12 Department; and you must provide a copy of a current "within the last 6 months" copy of your last performance evaluation in which you were rated satisfactory or higher. Police,Semeant ll: To qualify for this additional title and a 5% pay increment, you must have a Bachelors Degree from an accredited college or university or an Advanced P.O.S.T. Certificate and shall have at least 1 year experience as a Police Sergeant with the Palm Springs Police Department; and you must provide a copy of a current "within the last 6 months" copy of your last performance evaluation in which you were rated satisfactory or higher. Police Sergeant III' To qualify for this additional title and a 5% pay increment, you must have a supervisory certificate and shall have at least 2 years experience as a Police Sergeant with the Palm Springs Police Department; and you must provide a copy of a current "within the last 6 months" copy of your last performance evaluation in which you were rated satisfactory or higher. Beginning 1/1/97 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 his/her four-year period will not be eligible for reassignment as an FTO until he/she 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 FTO's at any given time but not less than eight FTO's. The Police Chief may remove with cause an officer from the duties of FTO. M - The Police Chief may remove with cause an officer from the duties of detective. 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. . - I roll 1111MIM I IMM a I 1 1110 01911 - . 16.1 The City agrees to contribute up to the following amounts toward Health, hospitalization, drug coverage, cost care, through such program(s) as shall be designated by the Association and approved by the City Council. In addition, 13 the City agrees to provide Vision Care for employee and family and ($15,000) Term Life Insurance coverage at no cost to the employee, Parties to agree: Effective August 1, 2000, the City's maximum contribution to health insurance premiums for all currently active members of PSPOA are as follows: Single Party $348.04 Two-Party $668.04 Family $707.90 Parties to agree: City's maximum contribution will be 75% of insurance premium for retirees coverage upon completion of 20 years of City service, and 100% payment for retirees coverage upon completion of 25 years of City service; August 1, 2000 rates are as follows: Single Party $356.88 Two-Party $680.17 Family $731.17 16.2 The City's maximum contribution for dental insurance shall be as follows: Single Party $25.31 14 Two-Party $31.45 Family $40.51 16.3 In the event that the premium charges for the health or dental program exceed the City's maximum rate of contribution, (as described in 16.1 and 16.2) by 15% annually at any time during the term of this Agreement, the amount of the excess shall be paid by the employee through a payroll deduction. 16.4 The Association shall be solely responsible for the administration of any Association designated insurance programs, including, but not limited to, enrollments and reconciliation of billings from insurance carriers. The Association shall provide to the City such evidence of enrollment and coverage as is requested by the City. 16.5 Insurance carriers providing health, hospitalization, life, vision care, drug coverage, cost care and dental benefits to Police Safety Unit employees shall provide billings to the Association's insurance broker, who will forward them to the City, which specify the coverage received by each Police Safety Unit employee, single, single + one or family coverage. 16.6 The Association agrees that effective August 1, 1984, any police officer who retires as of that date, or thereafter, shall not be entitled to participate in any City health, hospitalization, drug coverage and/or cost care plan and instead shall be entitled to participate at his/her own cost in the Association - sponsored health, hospitalization, drug coverage and cost care plan. The Association agrees that effective 1-1-98, any Police Officer who retires after 20 years of City service will be eligible for retirees coverage as referenced in 16.1. 15 The parties agree that they will continue discussion concerning a physical fitness incentive program and may reopen this MOU to include such language when agreement is reached by the end of October 2000. 16.7 Members of the Association shall remain in the Association-sponsored health plan and shall not be eligible for any other City insurance plan for the duration of this Memorandum of Understanding. 16.8 Domestic Partner Coverage The City of Palm Springs agrees to add Domestic Partner Coverage to the current health, dental and vision coverages. The following is required for a domestic partner to be enrolled in any PSPOA benefit plan: First the Secretary of State must register the domestic partnership, and provide a Declaration of Domestic Partnership to the domestic partners. Specified same-sex domestic partnerships between persons who are both at least 18 years of age, and specified opposite sex domestic partnerships when both persons are over the age of 62, are eligible to register with the Secretary of State. The enrollee must provide a copy of the Declaration of Domestic Partnership to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages. This MOU includes and incorporates by reference herein Rules 14, 15 and 16 of the City's Personnel Rules. Personnel Rule 16.6.7 shall continue to read: Effective August 1, 1992, a Police Safety Unit Employee grieving a Letter of Reprimand shall, before the City Manager issues a final determination, have a grievance on a Letter of Reprimand heard before a hearing officer or a committee, as provided for above, unless the officer waives his or her right to said hearing. An officer 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 16 attorney must be present when the report is submitted, in the event that the reviewing official needs further information. Members of the Police Safety Unit shall receive mileage reimbursement in accordance with existing City policy, at the prevailing IRS rate. The course that will be considered job-related for purposes of Personnel Rule 18,2.1(1) for employees in the Police Safety Unit are limited to any course required as part of a degree program in Public Administration, Police Management, one of the Social Sciences or Business Administration. Any other courses may be approved in the discretion of the Department Head and the Personnel Officer. Personnel Rule 18.2.1, Educational Reimbursement, shall continue in effect, and subsection (6) shall continue to read as follows: "(6) No Police Safety Unit employee shall receive more than $1,500 per fiscal year in educational reimbursement. Degree programs, in concept, should be approved in advance by the Personnel Director. However, approval of a degree program shall, not be construed as approval to receive more than $1,500 per fiscal year in Educational Reimbursement except for those who are currently enrolled in a degree program which had been approved by the Personnel Director prior to July 1, 1992" All Police Safety Unit employees hired on or after July 26, 1987, shall be 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. Fill 111141 a*Twora I kq IN 1014 1 a B • An officer who leaves employment with the City and returns to work within the bargaining unit covered by this Agreement within one (1) year thereafter shall be treated in all respects as a new employee with respect to 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. 17 Effective January 1, 1988, the City shall implement a bilingual pay program under which a minimum of eight officers shall be entitled to premium pay of five percent (5%) over their regular base salary for their services as bilingual officers. The number of officers may be increased upon request of the Chief of Police and approval of the City Manager. In order to be eligible for such premium pay, an officer must pass an examination to be developed and administered by the City demonstrating fluency in reading and speaking the desired second language. 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. City agrees to add one additional bilingual officer during FY 98/99 and one during FY 99/2000, bringing the total minimum to ten (10) officers. 0:119 roll WOMIN WON 2 11 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 a Police Safety Unit employee who is unable to perform his regular duties due to a non-work related illness or injury. F-A".4 9 15611 Wilm 61 0.19149 97014 MR 91 The City of Palm Springs and the Palm Springs Police Safety Unit 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 Palm Springs Police Safety Unit recognize that their future is dependent on the physical and psychological well being of all employees. The City and the Palm Springs Police Safety Unit 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. 25.1 18 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. 25.2 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 that the employee has at any time used, consumed or ingested in any manner any illegal drug or any otherwise legal drug (i.e., prescription medication) in an unlawful manner or so that the employee's ability to perform his/her job safely is reduced. 25.3 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 screening, a representative must be available within a reasonable time or the employee will then be ordered to submit to a substance screening. An 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. 25.4 The supervisor, or designee, shall transport the suspected employee to the testing facility or shall calf to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system that includes methods or mechanisms designed to assure the 19 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. 25.5 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 he or she so chooses, a positive best result. 25.6 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 his/her 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. 25.7 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 his/her employment. Employees should be aware, however, that a request for assistance through the EAP would 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 may refer an employee to the EAP. Such referral could, at the discretion of the City, be made available 20 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', an exemplar copy of which is attached hereto as Exhibit"A". . . MA The Police Chief has the authority to grant the Association President, or designee, time off with pay to attend conferences or other events not to exceed 40 hours in a calendar year(except as shall otherwise be provided by the Chief of Police). 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. The parties to this MOU agree to comply with the provisions of the Americans with Disabilities Act and the Family Rights Act. 28.1 Prohibited Conduct. 28.1.1 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. 28.1.2 Any employee who participates in any conduct prohibited in Sub- Section 29.1.1 above, shall be subject to suspension, demotion or dismissal by the City. 28.1.3 21 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 Section 29.2, 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. 28.2 Association Responsibility In the event that the Association, its officers, agents, representatives, or members engage in any of the conduct prohibited in Section 29.1 of this Article, 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 Section 29.1 and return to work. It is the intent of the parties hereto that the provisions of this Agreement 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 Agreement is not intended to conflict with federal or state law or the City's Municipai 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 MMB. • • • • •- • 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. Except as otherwise provided herein, during the term of this Memorandum of Understanding, the Association and the City expressly waive and relinquish the right to meet and confer except upon mutual consent of the parties with respect to any subject or matter, whether referred to or covered by this Memorandum of Understanding or not, even though each subject or matter may not have been within the knowledge or contemplation or either or both the City and Association at the time they met and conferred or executed this Memorandum of Understanding, and even though subjects or matters were proposed and later withdrawn. Except as expressly changed by this M.O.U., nothing contained herein shall be deemed to have changed any Past Practices in so far as known to either party. 22 - - • • Should any provision of this Agreement be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the duration of this Agreement, 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. . - . • a grill Lq 191- 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, his "Classification Seniority' in the position of Police Officer will be defined as his time in the classification of Police Officer plus his 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. • The term of this Agreement shall be from July 1, 2000 through June 30, 2004. 34.1 Public Employees' Retirement System The City shall pay each Police Safety Unit employee's contribution to the Public Employees' Retirement System (PERS). Said payment made by the City shall be for the employee's contributions, not to exceed nine percent (9%). Such payments are made in accordance with the provisions of the Internal Revenue Code, Section 414 (h) (2), and pursuant to California Government Code Section 20615. The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at no additional cost to the employee. Effective June 2001, City agrees to contract with PERS for the 3% @ 55 Safety formula for members of the PSPOA. Effective June 2003, City agrees to contract with PERS for the 3% @ 50 Safety formula for members of the PSPOA. 23 City agrees to meet and confer with PSPOA over PERS DROP Program, should it become available after January 2001. 34.2,Vacation Conversion to Salary- Service Retirement Effective July 1, 1991, Police Safety employees shall be allowed, for PERS purposes, to convert up to one hundred eighty (180) hours of accrued annual leave to compensation, subject to PERS, during the twelve (12) month period prior to a service (non-disabi)ity) retirement. Employees who decide to convert annual leave time to compensation subject to PERS shall request such conversion in writing to the Personnel Officer no less than one year (1) in advance of the service retirement. The City agrees to implement an IRS 125 Plan for the Police Safety Unit effective January 1, 1993, and the Association agrees that member employees who subscribe to the plan shall pay the Plan Administrator's fees. Association agrees that City can change schedule two (2) times a year to accommodate McCann Plan Training Schedule. Each schedule change not to exceed 14 days. If training occurs during Spring Break schedule, it will be considered McCann Plan Training. The PSPOA and the City agree that no person related by blood or marriage may be employed in the Palm Springs Police Department at the same time. Employee(s) of the Police Department who marry another employee of the Police Department should request a transfer to another City department prior to the date of marriage if they wish to continue employment with the City. The transfer will be granted provided they qualify and there is an opening to be filled. If no opening exists or the employee does not wish to continue employment with the City in another department they must leave the employment of the City. This section does not apply to sibling relationships or parent/child relationships if the sibling, parent or child is within 24 months of normal retirement. Anyone employed as a Palm Springs Police Department employee and related by blood or marriage to another Police 24 Department employee and related by blood or marriage to another Police Department employee prior to July 1, 1998, is exempted from the above, but in no case shall any employee be supervised by a person related by blood or marriage. 37.2 The parties agree that they will continue discussion concerning the procedures to be utilized between the City's attorney and the PSPOA's attorney when handling claims against police officers and the City for the purpose of having consistent positions to better handle such claims, and may reopen this MOU to include such language when agreement is reached. Parties agree that this will occur prior to the end of September 2000. MUNIC IPA L;,EMPLQYEr M b ATIONS'; PALM 5'PRING&POLICE;Ot=FICEBS` REPRES'ENTAT�UE �4SSOCIATION Date Date LBy By TY MANA R PRESIDENT, P8POA By By �� M�N RE URCES DIRECTOR 7 BOARD MEMBER NEGOTIA OR By BOARD MEMBER By ' , J BOARD MEMBER By ARD MEMBER i,1/' PSPOA MOU 2000 25 (City Memo) TO: Employee's Name FROM: Division Manager or Department Head SUBJECT: LAST CHANCE AGREEMENT - REFERRAL TO EMPLOYEE ASSISTANCE PROGRAM IT IS UNDERSTOOD THAT: 1. You are hereby referred to enroll, participate and successfully complete a rehabilitation and counseling program as prescribed by the City's Employee Assistance Program counselor and approved by the City. Successful completion of your Employee Assistance Program shall be determined by the City and your Employee Assistance Program counselor. 2. You shall not report for work or perform the duties of your job under the influence of any alcoholic beverage, illegal substance, or controlled substance. Nor shall you consume or be under the influence of any alcoholic beverage, illegal substance, or abuse any controlled substances at any time during the work day. 3. You will freely and voluntarily submit, at any time during the work day, upon request by (department head) or his designated representative, to any examination and/or tests, including, but not limited to, blood, urine and breath-a-lizer to determine if you are complying with or have violated the terms and conditions of your Employee Assistance Program. 4. Any required participation in the Employee Assistance Program activities or related programs shall be done on your own personal time, and shall not interfere with you City work schedule. 5. You shall not be compensated, monetarily or otherwise, by the City for any of your participation in the Employee Assistance Program activities or related programs. 6. All monetary costs incurred for Employee Assistance Program services, beyond initial counseling and diagnosis, are your personal responsibility. 7. Further terms and conditions may be established by (department head) or his designated representative after consultation with the Employee Assistance Program counselor, once the counselor has met with the employee. Any additional terms and conditions will be reviewed with the employee and attached as an addendum to this memo. Department Head 26 I hereby authorize the release of any information relating to my attendance and compliance with the terms and conditions of my Employee Assistance Program to (department head) or his designated representative. I understand and agree to the preceding terms and conditions as set forth. I further understand that my failure to comply with any of these terms and conditions may lead to my dismissal from employment with the City of Palms Springs. Failure to comply with the terms and conditions shall included any non-attendance at any required Employee Assistance Program activity or program, unless approval has been granted by (department head) or his designated representative or the City's Employee Assistance Program counselor. Employee's Signature Date Witness's Signature Date EXHIBIT A (see ARTICLE 20) PALM SPRINGS POLICE OFFICERS' ASSOCIATION (PSPOA) MEMORANDUM OF UNDERSTANDING 27 RESOLUTION NO. 19873 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE POLICE SAFETY UNIT(PSPOA). WHEREAS, Resolution 16438 designates the City Manager(acting personally or through a delegee) as the Municipal Employee Relations Representative (MERR) who shall be the City's principal representative on all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment; and WHEREAS, the City, through its Municipal Employee Relations Representative (MERR) has met and conferred in good faith on wages, hours,terms and other conditions of employment with the Palm Springs Police Officers Association (PSPOA) representing the Police Safety Unit; and WHEREAS, as a result of such good faith negotiations the MERR and PSPOA have reached agreement on the terms and conditions of a Memorandum of Understanding (MOU) governing employees of the City of Palm Springs within such Police Safety Unit; and WHEREAS, PSPOA and the MERR jointly recommend adoption of such MOU by the City Council. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, California that the Memorandum of Understanding between PSPOA and MERR, dated July 19, 2000 on file with the City Clerk and incorporated herein by this reference is hereby approved. ADOPTED this 19'"day of July, 2000. AYES: Members Oden, Reller-Spurgin and Mayor Rleindienst NOES: Members Hodges and Jones ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By CITY CLERK CITY MANAGER REVIEWED &APPROVED: