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City Council Staff Report
DATE: February 4, 2015 Consent
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS
POLICE MANAGEMENT ASSOCIATION
FROM: David H. Ready, City Manager
BY: Department of Human Resources
SUMMARY
The City has reached a tentative Memorandum of Understanding (MOU) agreement
with the Palm Springs Police Management Association (PSPMA). The City Council will
consider adopting Resolutions approving the Memorandum of Understanding (MOU)
between the City and the association.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS POLICE MANAGEMENT ASSOCIATION, FOR THE PERIOD JULY 1,
2014 THROUGH JUNE 30, 2018, SUBJECT TO ASSOCIATION EXECUTING
THE MEMORANDUM OF UNDERSTANDING."
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYING AND
REPORTING THE VALUE OF EMPLOYER PAID MEMBER CONTRIBUTIONS
FOR THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS)."
3. Authorize the City Manager to execute the Memorandum of Understanding
(MOU) and all documents necessary to effectuate the above actions and actions
during the term of the MOU, including the allocation and compensation plan, side
letters of agreement and non-substantial MOU language changes.
ITEM NO. Ay%�-
Council Staff Report
February 4, 2015 — Page 2
Police Management MOU
STAFF ANALYSIS:
The City, through its Municipal Employee Relations Representative (MERR), and
representatives of the PSPMA have met and conferred in good faith and have reached
an agreement on the terms and conditions of the MOU governing employees of the City
of the PSPMA for the period July 1, 2014 through June 30, 2018.
Under the agreement employees will pay their CalPERS retirement contribution of 9%,
plus an additional 3% of the employer rate and this action will result in an estimated
annual retirement cost savings of $100,000. In exchange for employees paying their
CalPERS retirement contributions they will receive an equal pay increase.
The agreement was reached through negotiations and the PSPMA and the MERR
jointly recommend City Council adoption of such:
• Resolution of MOU for PSPMA; and
• Resolution of CalPERS Employer Paid Member Contributions for PSPMA
FISCAL IMPACT
The agreement provides for future savings on retirement through the elimination of
Employer Paid Member Contributions. During the term of agreement the estimated cost
is $50,000.
Perry M dison mes Thompson
Directo of Human Resources Chief of Staff/City Clerk
David H. Ready, City Ma
Attachments: Resolutions
Memorandum of Understanding
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS POLICE
MANAGEMENT ASSOCIATION, FOR THE PERIOD JULY 1,
2014 THROUGH JUNE 30, 2018, SUBJECT TO
ASSOCIATION EXECUTING THE MEMORANDUM OF
UNDERSTANDING.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR) who
shall be the City's principal representative on all matters of employer-employee relations,
with authority to meet and confer in good faith on matters within the scope of
representation, including wages, hours, and other terms and conditions of employment;
and
WHEREAS, the City, through its 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 Management Association
(PSPMA); and
WHEREAS, as a result of such good faith negotiations the MERR and the
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
Association; 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 the PSPMA and
MERR, for the period July 1, 2014 through June 30, 2018, on file with the City Clerk and
incorporated herein by this reference, is hereby approved upon execution of said
Memorandum of Understanding and authorize the City Manager to execute documents
necessary to effectuate the above action and actions during the term of the MOU,
including the allocation and compensation plan, side letters of agreement, and non-
substantial MOU language changes in a form acceptable to the City Attorney.
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Resolution No.
Page 2
ADOPTED THIS 4th DAY OF FEBRUARY 2015
David H. Ready, City Manager
ATTEST:
James Thompson, 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. 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 this 17th day of December
2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYING
AND REPORTING THE VALUE OF EMPLOYER PAID
MEMBER CONTRIBUTIONS FOR THE PUBLIC
EMPLOYEES RETIREMENT SYSTEM (PERS)
WHEREAS, the governing body of the City of Palm Springs has the authority to
implement Government Code Section 20636(c) (4) pursuant to Section 20691;
WHEREAS, the governing body of the City of Palm Springs has a written labor
policy or agreement which specifically provides for the normal member contributions to
be paid by the employer, and reported as additional compensation;
WHEREAS, one of the steps in the procedures to implement Section 20691 is
the adoption by the governing body of the City of Palm Springs of a Resolution to
commence paying and reporting the value of said Employer Paid Member Contributions
(EPMC);
WHEREAS, the governing body of the City of Palm Springs has identified the
following conditions for the purpose of its election to pay EPMC;
• This benefit shall apply to all employees of:
o Palm Springs Police Management Association (PSPMA)
• This benefit shall consist of paying 0% of the normal contributions as
EPMC, and reporting the same percent (value) of compensation earnable**
{excluding Government Code Section 20636(c)(4)1 as additional
compensation.
• The effective date of this Resolution shall be February 15, 2015.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
RESOLVED, that the governing body of the City of Palm Springs elects to pay
and report the value of EPMC, as set forth above.
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ADOPTED THIS 4TH DAY OF FEBRUARY 2015
David H. Ready, City Manager
ATTEST:
James Thompson, 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. 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 this 3rd day of December
2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
** Note: Payment of EPMC and reporting the value of EPMC on compensation
earnable is on pay rate and special compensation except special compensation
delineated in Government Code Section 20636(c)(4) which is the monetary
value of EPMC on compensation earnable.
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PALM SPRINGS
POLICE MANAGEMENT
ASSOCIATION ( PSPMA)
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Q9(IF0IRL
MEMORANDUM OF
UNDERSTANDING
JULY 11 2014 - JUNE 309 2018
07
The Palm Springs Police Officers' Association
Memorandum of Understanding
July 1, 2014—June 30, 2018
GENERALPROVISIONS.......................................................................................................... 3
ARTICLE 1, TERM......................................................................................................... 3
ARTICLE 2, RECOGNITION .......................................................................................... 3
ARTICLE 3, PRACTICES............................................................................................... 3
ARTICLE 4, FEDERAL AND STATE LAWS................................................................... 4
ARTICLE 5, MAINTENANCE OF BENEFITS ................................................................. 4
COMPENSATION/OTHER PAY................................................................................................ 5
ARTICLE 6, SALARIES.................................................................................................. 5
ARTICLE 7, OVERTIME................................................................................................. 5
ARTICLE 8, EDUCATIONAL INCENTIVE PAY.............................................................. 5
ARTICLE 9, UNIFORM AND CELL PHONE ALLOWANCE............................................ 6
ARTICLE 10, MILEAGE ................................................................................................. 6
BENEFITS................................................................................................................................. 7
ARTICLE 11, HEALTH, DENTAL, VISION, AND OTHER INSURANCE......................... 7
ARTICLE 12, HEALTH INSURANCE FOR RETIREES .................................................. 8
ARTICLE 13, RETIREMENT.......................................................................................... 9
WORK HOURS/LEAVE............................................................................................................12
ARTICLE 14, WORK SCHEDULE.................................................................................12
ARTICLE 15, ANNUAL LEAVE .....................................................................................12
ARTICLE 16, HOLIDAYS ..............................................................................................13
ARTICLE 17, SICK LEAVE............................................................................................13
ARTICLE 18, DISPOSITION OF SICK AND EXCESS SICK LEAVE UPON
RETIREMENT...............................................................................................................13
EMPLOYER/EMPLOYEE RELATIONS....................................................................................14
ARTICLE 19, DRUG POLICY/DRUG SCREENING.......................................................14
ARTICLE 20, PAYROLL DEDUCTION..........................................................................14
ARTICLE 21, STRIKES AND WORK STOPPAGES......................................................14
ARTICLE 22, TAKE HOME VEHICLE PROGRAM........................................................14
APPENDIX A. TAKE HOME VEHICLES........................................................................15
APPENDIX B- DRUG POLICY/DRUG SCREENING.....................................................17
2 08
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND
THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA)
REPRESENTING THE POLICE MANAGEMENT ASSOCIATION
JULY 1, 2014— JUNE 30, 2018
GENERAL PROVISIONS
ARTICLE 1, TERM
This MOU recommended to the City Council shall be for the period commencing July 1,
2014, and terminating at midnight, June 30, 2018; 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 Memorandum of Understanding 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.
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.
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.
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ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of
this MOU is in conflict or inconsistent with such applicable provisions of Federal or State
laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be
affected thereby and shall remain in full force and effect.
ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members represented by the Association shall not be deemed affected by this MOU,
except as specifically modified by provisions hereof or by actions taken in
implementation hereof.
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COMPENSATION/OTHER PAY
ARTICLE 6, SALARIES
Effective in the pay period following Council approval of this MOU, members of the Unit
shall receive a thirteen percent(13.0%) salary increase.
Effective in the pay period which includes July 1, 2016, members of the Unit shall
receive a two percent(2.0%) salary increase.
Effective the last pay period which begins in June 2018, members of the Unit shall
receive a one percent(1.0%) salary increase.
ARTICLE 7, OVERTIME
Overtime shall be earned by members of the Association who work more than eighty
(80) hours over the two-week pay period. For overtime computation, hours worked
include any leave of absence with pay. 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 include any leave or 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, EDUCATIONAL INCENTIVE PAY
8.1
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).
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.
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8.2
PSPMA members may be eligible to receive an additional 5% in compensation for their
bilingual services. The City Manager shall determine the language needs as well as the
number of employees eligible for such premium pay.
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 CELL PHONE ALLOWANCE
The City agrees to continue paying a uniform and safety equipment allowance to each
sworn member, and uniformed non-sworn members of this Unit 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. The City will pay each
Unit member fifty dollars a month ($50) Cell Phone Allowance in lieu of a City provided
cell phone.
The parties agree that to the extent permitted by law, uniform allowance shall be
reported to CaIPERS 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 employed on or
before December 31, 2012. "New members' as defined under the Public Employees'
Pension Reform Act of 2013 will not have the value of the uniforms reported as special
compensation.
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.
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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 2014 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 2012-2014 rates:
A. In 2012, the Blue Shield single party rate was $720.26.
B. In 2013, the rate increased by 7.50% to $774.28.
C. In 2013, the City paid the first 4% of the 7.5% increase = $28.81 of the $54.02
increase and the employee paid the remainder (the difference between 4% and
7.5% = 3.5% of the increase or $25.21). Thus, in 2013, the premium rate was
$774.28 and the City paid $720.26 + $28.81 = $749.07 and the employee paid
$25.21.
D. In 2014, that same rate went up to $851.58. This was a 9.98% increase over the
2013 rate. The parties agree that it was the City's responsibility to pay the first
4% of the 2014 increase on top of the 2013 premium. Since the 2013 rate was
$774.28, and 4% of that amount $30.97, the City's additional increase for 2014 is
$30.97 which is added to what it was paying in 2013. $749.07 + $30.97 =
$780.04. The employee pays $71.54 for 2014.
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 year 2014 and 2015
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, 2014
City Provided Health Care Health Dental Vision
Benefit Plan Contribution
Single Party $780.04 $34.30 $13.17
Two-Party $1,497.27 $47.66 $13.17
Family $1,586.62 $69.24 $13.17
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January 1, 2015
City Provided Health Care Health Dental Vision
Benefit Plan Contribution
Single Party $807.89 $34.30 $13.17
Two-Party $1,550.73 $47.66 $13.17
Family $1,643.29 $69.24 $13.17
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.
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:
In service employees hired prior to (or received a written offer of employment)
prior to 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
retirees health insurance coverage will be paid by the City.
2. After 25 years of continuous full-time service, 100% of the premium for
retirees 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.
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Retired employees who have not completed 20 years of continuous City service,
shall be entitled to participate at his/her 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.
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
$50.00 per month contribution (which will increase to $100.00 per month effective
on the first day of the pay period following City Council approval of this MOU) 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 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.
13.2 Employee Contributions to the Retirement System
A. Employees subject to the 3%@50 and 3%@55 formula hired prior to December
5, 2012:
Effective at the beginning of the pay period following City Council approval of this
MOU, employees in the Unit shall pay their nine percent (9%) member
contribution.
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Effective at the beginning of the pay period following City Council approval of this
MOU, employees in the Unit shall pay an additional three percent (3%) of
pensionable income 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 3%@50 and 3%@55 formula hired after December 5,
2012:
These employees currently pay their nine percent (9%) member contribution and
will continue to do so.
Effective at the beginning of the pay period following City Council approval of this
MOU, employees in the Unit shall pay an additional three percent (3%) of
pensionable income 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.
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.
Employees subject to the 2.7% @ 57 Formula — "New Members' as defined by PEPRA:
Effective January 1, 2013, these employees shall pay the statutorily mandated
employee contribution rate of one half of the total normal cost.
10 is
13.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:
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 2 1 624/26/2 8
and 21635
D. Death Benefits— Government Code section 21574
E. Military Reallocation 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
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WORK HOURS/LEAVE
ARTICLE 14, WORK SCHEDULE
Association members are ordinarily allowed to work a 4/10 or three (3) twelve and a half
(12 '/2)flex workweek at the discretion of the Chief of Police.
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. Unit members may
request payment of annual leave in lieu of time off. Such cash-ins of annual leave will
be permitted twice per year on the second pay-day in July and on the first pay-day in
December. An employee whose accrual is at 400 hours shall not accrue additional
annual leave unless and until he/she uses such leave bringing his balance below 400
hours or cashes in such leave as permitted herein.
On January 1, 2008, all accrued and unused Annual Leave was placed in a special
excess annual leave bank. Association members can draw against this special excess
annual leave bank at any time; or may cash out hours on a semi-annual basis until all
hours are exhausted. Accrued unused annual leave in the excess annual leave bank
shall be paid upon separation from City service.
PSPMA Association 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
The parties agree that the increase in accrual of annual leave from 16 to 16.67 hours
per month will begin effective February 1, 2015.
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.
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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, this is special compensation 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 to a maximum of three (3) months or 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 his/her 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 AND EXCESS SICK 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 ig
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 STOPPAGES
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 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.
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 said
Article 6.1 and return to work.
ARTICLE 22, TAKE HOME VEHICLE PROGRAM
This policy is attached and incorporated by reference into this Agreement as Exhibit A.
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APPENDIX A. TAKE HOME VEHICLES
POLICY
The City Manager shall authorize take home vehicles for members of the bargaining
unit living within either the Palm Springs city limits, or in certain instances, within 33
miles of Palm Springs city limits as determined by Google Maps or another map
software agreeable to both parties.
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 33-mile radius from the
City Palm Springs city limits. 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 he/she 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 his/her immediate family in the
unit if doing so during his/her 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.
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It is the employee's responsibility to make their assigned vehicle available to the City
Shop for scheduled maintenance or when notified that additional service is required.
SUSPENSION OF PRIVILEGE
The take home vehicle privilege may be suspended if the unit member has two or more
preventable accidents within a three-year period, or if they fail to follow the guidelines
set forth in this policy.
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APPENDIX B - DRUG POLICYIDRUG 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 his/her 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 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. 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
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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.
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 he or she 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 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.
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 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"
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