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HomeMy WebLinkAbout21443 - RESOLUTIONS - 10/19/2005 RESOLUTION NO. 21443 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA), FOR THE PERIOD JULY 1, 2005 THROUGH JUNE 30, 2007, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING. WHEREAS, Resolution 16438 designates the City Manager (acting personally or through a delegee) as the Municipal Employee Relations Representative (MERR) who shall be the City's principal representative on all matters of employer-employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment; and WHEREAS, the City, through its Municipal Employee Relations Representative (VUIERR), has met and conferred in good faith on wages, hours, terms and other conditions of employment with the Palm Springs Police Management Association e (PSPMA) representing the Police Management Unit; and WHEREAS, as a result of such good faith negotiations the MERR and PSPMA have reached agreement on the terms and conditions of a Memorandum of Understanding (MOU) governing employees of the City of Palm Springs within such Police Management Unit, subject to ratification by the Unit; and WHEREAS, PSPMA and the MERR jointly recommend adoption of such MOU by the City Council. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Memorandum of Understanding between PSPMA and MERR, for the period July 1 , 2005 through June 30, 2007, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon ratification and execution of said Memorandum of Understanding in a form approved by the City Attorney. ADOPTED THIS 191h DAY OF OCTOBER, 2005. 0 David H. Ready, C' anager Resolution No. 21443 Page 2 ATTEST: ' ?MsT�hompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21443 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 19, 2005, by the following vote: AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: None. , ABSTAIN: None. mes Thompson, City Cl err— ity of Palm Springs, California MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA) REPRESENTING THE POLICE MANAGEMENT UNIT JULY 1 , 2005 - JUNE 30, 2007 - - -. - - A. The Palm Springs Police Management Association, hereinafter referred to as the Association, is the exclusive 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. 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 in the aforesaid group and have reached agreements which are set forth in this Memorandum of Understanding, hereinafter referred to as the MOU. • • A • T M 1. This MOU constitutes a joint recommendation by the Association and the MERR, to be submitted to the City Council of the City of Palm Springs for its determination and approval by one or more resolutions, as the City Council may deem fit and proper. 2. This MOU recommended to the City Council shall be for the period commencing July 1, 2005, and terminating at midnight, June 30, 2007; provided, however, that specific sections of this MOU shall have later effective dates as specified herein. Unless mutually agreed upon, no request for changes during the term of the contract will be undertaken. The City will provide payroll deduction on request of the Association for dues, assessments, and other deductions authorized by the Association. Remittance will be bi-weekly to the Association's treasurer. 1 ORIGINAL BID AND/OR AGREEMEN-F 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. e ; 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. 6.1 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 shall 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. 6.2 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 Pn,3 a(II e 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 6.1 and return to work. For members of PSPMA, 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 PSPOA and approved by the City Council. In addition, the City agrees to provide Vision Care for employee and family and $20,000 Term Life Insurance coverage at no cost to the employee. Parties to agree: Effective August 1, 2005, the City's maximum contribution to health insurance premiums for all currently active members of PSPMA are as follows: Single $573.85/month; Two Party $1101.45/month; Family $1167.18/month. In the event the premium charges for the current Blue Shield health, hospitalization program exceed the City's maximum contribution by 10% 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. 7.1 Dental, Life and Vision Benefits For the term of this Agreement, City agrees to continue dental benefits at level(s) existing as of the date this Agreement is executed under Aetna for all members. Effective August 1, 2005, the City's maximum contribution for dental insurance shall be as follows for all members: Single $32.54/month; Two Party $43.99/month; Family $62.74/month. In the event the premium charges for the dental program exceed the City's maximum contribution 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. For the term of this Agreement, City contributions to the existing Life Insurance Plan will be continued at the benefit level(s) existing as of the date this Agreement is executed. For the term of this Agreement, City agrees to continue Vision Coverage at the benefit level(s) existing as of the date this Agreement is executed. PoLo I of 11 l 7.2 Domestic Partner Coverage ' In accordance with City of Palm'Springs Ordinance No. 1578, Domestic Partner coverage has been added to the current health, dental and vision coverage. In addition to the requirements of Ordinance 1578, the enrollee must provide a copy of The Declaration of 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. 16.2 Retiree Health Coverage Tier I: For all current employees hired prior to the ratification of this agreement or who have already received a written offer of employment: The City's maximum contribution for its retired employees 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. 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 years of City service, shall be entitled to participate at his/her own cost in the Association's health, hospitalization and drug coverage plan. Tier ll: For all new employees hired after ratification of this agreement, there will be no City contribution for retiree health benefits. The City will, however, make a $50.00 per month contribution to an employee Retiree Health Savings Plan and the associated fixed dollar cost of administration. • 9.1 PERS Contributions - Public Employees' Retirement System Papc 4 of l I 4 The City shall pay each Police Management 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%). City Agrees that, pursuant to Government Code Section 20636 © (4) pursuant to Section 20691, normal member contributions (EPMC) Employer-Paid Member Contributions will be paid by the employer, City of Palm Springs, and reported to PERS as additional compensation for all members of Unit. City will continue to make all PERS mandated Employer-Paid Contributions ("EPEC"). Said payment made by the City shall be for the employee's contributions, not to exceed nine percent (9%). 9.2 PERS Safety Plan The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at no additional cost to the employee. The City agrees to contract with PERS for the 3% @ 50 Safety formula for members of the PSPMA. City agrees to meet and confer with PSPMA over PERS DROP Program, should it become available. 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 farce and effect. The parties to this MOU agree to comply with the provisions of the Americans with Disabilities Act and the Family Rights Act. Personnel Rules regarding Military Leave will be revised to reflect state law. Accrued 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 N'sdn 5 deceased employees shall be paid to the estate of said deceased except as , otherwise provided by law. Cost of living salary increases as follows: 07-03-2005 2% Cost of Living (COLA) 12.2. Median Classification Adjustment 07-04-2005 Three percent (3%) median adjustment to the classifications of Police Lieutenant and Police Captain. 1 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. Police Management Unit personnel not in a constant manning position shall be allowed recognized holidays off in accordance with the City Personnel Rules. Personnel in constant manning positions will be allowed either the recognized holiday off or another day. Holiday pay described in Personnel Rule 6.4.3.1 will be incorporated into base pay. • - Police Captains will be allowed to work a 4/10 or three (3) twelve and a half (12 '/) flex workweek at the discretion of the Chief of Police. 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 are to include any leave or absence with pay. Police Lieutenants must be authorized by the Chief of Police or Police Captains to work overtime. Pabe 6 of 11 6 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. 17.1 Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited. 17.2 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 his/her job safely is reduced. 17.3 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 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 _! PeCe)af 11 7 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. 17.4 The supervisor, or designee, shall transport the suspected employee to the testing facility or shall call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor. Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body fluids, will be collected in a DOX Security Container System or other system that includes methods 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. 17.5 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 test result. 17.6 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. 17.7 R 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 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", an exemplar copy of which is attached hereto as Exhibit "A". 1. PSPMA members will be eligible to receive an additional 5% in compensation for a Master's Degree from a college or university accredited by either the Council for Higher Education Accreditation ("CHEA") or the U.S. Department of Education ("USDE"); or upon possession of a Management Certification issued by Peace Officers Standards and Training (POST). 2. Effective January 1, 2004, PSPMA members may be eligible to receive an additional 5% in compensation for their services as a bilingual. The City Manager shall determine the language needs as well as the number of employees eligible for such premium pay. • - The City agrees to continue paying a uniform and safety equipment allowance to each sworn member, and uniformed non-sworn members as a reimbursement for expenses incurred for acquisition and maintenance of uniforms and safety equipment in an amount of one hundred thirty five dollars ($135) per month. PSPMA Unit members shall be eligible to use annual leave as it is accrued. 20.1 Accrual Rates for Employees Hired Before JuIV 5, 1981 eu�:9anr 9 PSPMA members hired before July 5, 1981 shall accrue and vest annual leave on a monthly basis in accordance with the following schedule: YEARS OF SERVICE HOURS ACCRUED& VESTED MONTHLY O through 5 12 6 through 10 14 11 16.67 12 17.34 13 16 14 18.67 15 19.34 16 20 17 and after 20.67 20.2 Accrual Rates for Unit Members Hired After July 5 1981 PSPMA Unit members hired on or after July 5, 1981 shall accrue and vest annual leave on a monthly basis in accordance with the following schedule: HOURS ACCRUED& YEARS OF SERVICE VESTED MONTHLY O through 5 12 6 through 10 14 11 and after 16 PSPMA Unit members may request payment for up to a total of one hundred sixty hours (160) hours of vacation leave per year in lieu of time off. Such cash-ins of vacation leave will be permitted twice per year on the second pay-day in July and on one on the first pay-day in December. PSPMA employees shall accrue ten (10) hours of paid sick leave upon each full month of service. In December, PSPMA employees who have accumulated in excess of 720 hours of sick leave may cash-out or deposit to deferred compensation up to 200 hours annually. Effective February 17, 2005, Police Captains will be given six (6) personal days per year at the beginning of each calendar year. Time must be used within the calendar year deposited, and any unused time will not roll forward but will be lost. PSe 10 of I I rn Effective July 2, 2006, Police Management Unit employees who have completed fifteen (15) years continuous years of service with the City of Palm Springs will be eligible to receive an additional 5% in compensation as longevity pay. a Date: Date: O C �ntr''�.� ! BY: BY:WIC e h cc r c CITY MANAG ASSOCIATION PRESIDENT BY:- DIRECTOR OF H AN ESOUR S APPROVED BY CITY COUNCIL 4ty 2+��� to•��•o� Rh�1g ATTEST: y Clerk gPPRO", 'u RM: By. Title: "l ORIGINAL PaPF 11 of 11