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DATE: December 3, 2014 Consent
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS
POLICE OFFICERS' 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 Officers' Association (PSPOA). 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 OFFICERS' 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 THE 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.
fT�M NO. ��L
Council Staff Report
December 3, 2014 -- Page 2
Police Safety MOU
STAFF ANALYSIS:
The City, through its Municipal Employee Relations Representative (MERR), and
representatives of the PSPOA 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 PSPOA 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 $1 million. In exchange for employees paying their
CalPERS retirement contributions they will receive an equal pay increase. In addition to
the retirement offset, two new entry level salary steps will be added to PSPOA, each at
5% below the current steps for a total of 10%, this action will result in an estimated
annual savings of$66,000.
The agreement was reached through negotiations and the PSPOA and the MERR
jointly recommend City Council adoption of such:
• Resolution of MOU for PSPOA; and
• Resolution of CalPERS Employer Paid Member Contributions for PSPOA
FISCAL IMPACT
The agreement provides for future savings on retirement costs as well as new entry
level salary steps. During the term of agreement the estimated cost is $416,000.
Perry M d' on mes Thompson
Director Human Resources Chief of Staff/City Clerk
David H. Ready, City M
Attachments: Resolutions
Memorandum of Understanding
012
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 OFFICERS'
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 Officers' Association (PSPOA);
and
WHEREAS, as a result of such good faith negotiations the MERR and the
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
Association; and
WHEREAS, PSPOA 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 PSPOA 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.
03
Resolution No.
Page 2
ADOPTED THIS 3rd DAY OF DECEMBER 2014
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
04
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PAYING THE
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 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;
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 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 Officer's Association (PSPOA)
• This benefit shall consist of paying 0% of the normal member contributions
as EPMC.
• The effective date of this Resolution shall be December 7, 2014.
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
EPMC, as set forth above.
ADOPTED THIS 3rd DAY OF DECEMBER 2014
David H. Ready, City Manager
05
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
06
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The Palm Springs Police Safety Association
Memorandum of Understanding
July 1, 2014 - June 30, 2018
GENERALPROVISIONS..............................................................................................................................2
ARTICLE1, TERM...........................................................................................................................2
ARTICLE 2, RECOGNITION............................................................................................................2
ARTICLE 3, FEDERAL AND STATE LAWS................ .............................. ..............................2
ARTICLE 4, SOLE AND ENTIRE AGREEMENT......... .............................................................2
ARTICLE 5, COMPLETION OF MEET AND CONFER PROCESS........................ ........................3
ARTICLE 6, SEPARABILITY PROVISIONS....................................................................................3
COMPENSATIONS AND OTHER PAY........................................................................................................4
ARTICLE7, WAGES........................................................................................................................4
ARTICLE8, SPECIAL PAY..............................................................................................................4
ARTICLE 9, FIELD TRAINING OFFICER........................................................................................6
ARTICLE10, OVERTIME ................................................................................................................6
ARTICLE11, CALL BACK ...............................................................................................................7
ARTICLE12, BILINGUAL PAY........................................................................................................7
ARTICLE 13, UNIFORM ALLOWANCE...........................................................................................8
ARTICLE 14, MILEAGE REIMBURSEMENT..................................................................................8
ARTICLE 15, PROBATIONARY PERIOD FOR POLICE OFFICERS .............................................8
ARTICLE 16, CELL PHONE ALLOWANCE.....................................................................................9
ARTICLE 17, COURT APPEARANCES ..........................................................................................9
BENEFITS...................................................................................................................................................10
ARTICLE 18, HEALTH, DENTAL, VISION AND OTHER INSURANCE........................................10
ARTICLE 19, RETIREE HEALTH INSURANCE............................................................................11
ARTICLE 20. RETIREMENT..........................................................................................................12
ARTICLE 21, EDUCATIONAL REIMBURSEMENT.......................................................................14
WORKHOURS/LEAVE..............................................................................................................................15
ARTICLE22, HOURS OF WORK..................................................................................................15
ARTICLE23, ANNUAL LEAVE......................................................................................................16
ARTICLE 24, PAYMENT IN LIEU OF HOLIDAYS.........................................................................17
ARTICLE 25, SICK LEAVE AND LEAVE PURSUANT TO A W.C. INJURY OR ILLNESS...........17
ARTICLE 26, REINSTATED EMPLOYEES...................................................................................18
ARTICLE 27, MCCANN PLAN TRAINING SCHEDULE................................................................19
ARTICLE 28, DETECTIVES AND DETECTIVE SERGEANTS .....................................................19
ARTICLE 29, LIGHT DUTY ASSIGNMENTS ................................................................................19
EMPLOYER/EMPLOYEE RELATIONS .....................................................................................................20
ARTICLE 30, DRUG POLICY/DRUG SCREENING......................................................................20
ARTICLE 31, ANTI-NEPOTISM POLICY.......................................................................................20
ARTICLE 32, PROMOTIONAL PROCESS....................................................................................21
ARTICLE 33, WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS.............................21
ARTICLE 34, WRITTEN REPORTS ..............................................................................................21
ARTICLE 35, DISCIPLINARY ACTION/GRIEVANCE PROCEDURE...........................................21
ARTICLE 36, ASSOCIATION TIME...............................................................................................21
ARTICLE 37, STRIKES AND WORK STOPPAGES......................................................................22
ARTICLE 38, AGENCY SHOP.......................................................................................................22
ARTICLE 39, LAYOFF AND RECALL............................................................................................23
ARTICLE 40, CITY RESPONSIBILITIES AND RIGHTS................................................................23
ARTICLE 41, ASSOCIATION RIGHTS..........................................................................................25
ARTICLE 42, MISCELLANEOUS PROVISIONS...........................................................................25
EXHIBIT A- 700.00 TAKE HOME VEHICLES...............................................................................26
EXHIBIT B- DRUG POLICY/DRUG SCREENING........................................................................28
1 08
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF PALM SPRINGS
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE AND
THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION
(July 1, 2014—June 30, 2018)
GENERAL PROVISIONS
ARTICLE 1, TERM
The term of this MOU shall be from July 1, 2014 through June 30, 2018.
ARTICLE 2, RECOGNITION
Pursuant to the provisions of the Meyers-M il ias-Brown Act., Government Code Section
3500, et. seq., the City of Palm Springs (hereinafter called the "City") continues to
recognize the Palm Springs Police Officers' Association (herein called the "Association")
as the exclusively recognized employee organization for the employee unit of
representation known as the Police Safety Unit, which is comprised of all employees in
the Police Department who are sworn police officers below the rank of Police Lieutenant
(see Resolution No. 17793).
ARTICLE 3, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations. If any part of this MOU is in conflict or
inconsistent with such applicable provisions of Federal or State laws or regulations, and
has been held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provisions shall be suspended and superseded by such
applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
ARTICLE 4, SOLE AND ENTIRE AGREEMENT
It is the intent of the parties hereto that the provisions of this MOU shall supersede all
prior agreements and memoranda of agreement, or memoranda of understanding, or
contrary salary and/or personnel rules and regulations or administrative codes,
provisions of the City, oral and written, expressed or implied, between the parties, and
shall govern the entire relationship and shall be the sole source of any and all rights
which may be asserted hereunder. This MOU is not intended to conflict with federal or
state law or the City's Municipal Code. The Association and the City agree that all
personnel rules not specifically included in the MOU shall be incorporated by reference
herein. City reserves the right to add to, modify or delete from the Personnel Rules
subject to its obligations under the Meyers-Milias-Brown Act.
2 09
ARTICLE 5, COMPLETION OF MEET AND CONFER PROCESS
The Association and the City agree that they had a full and unrestricted right to make,
advance, and discuss all matters properly within the scope of meet-and-confer in
accordance with State laws and local ordinances and regulations. Except as otherwise
provided herein, during the term of this MOU, 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
MOU 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 MOU, and even though subjects or matters were
proposed and later withdrawn. Except as expressly changed by this MOU, nothing
contained herein shall be deemed to have changed any past practices in so far as
known to either party.
ARTICLE 6, SEPARABILITY PROVISIONS
Should any provision of this MOU be found to be inoperative, void, or invalid by a court
of competent jurisdiction, all other provisions of this MOU shall remain in full force and
effect for the duration of this MOU, provided that if any such affected provisions
invalidate or void any benefits of employees covered hereunder, the parties shall
forthwith commence negotiations to replace the invalidated benefits with benefits of
comparable value.
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COMPENSATIONS AND OTHER PAY
ARTICLE 7, WAGES
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 one percent (1.0%) salary increase.
Effective last pay period which begins in June 2018, members of the Unit shall receive a
one percent (1.0%) salary increase.
Following City Council approval of this MOU, two new steps will be added to the salary
schedule as entry level steps for each classification. Employees hired prior to City
Council approval of this MOU will not be impacted by this modification to the salary
schedule as their salary will not be impacted except as provided above (with the salary
increases provided). Employees hired prior to City Council approval of the MOU will
move on the salary schedule as follows: Those employees at step 1 will move to step
3, employees at step 2 will move to step 4, employees at step 3 will move to step 5;
employees at step 4 will move to step 6 and employees at step 5 will move to step 7.
Employees hired after City Council approval of the MOU, will be hired as in the past,
typically at step 1 of the new salary schedule.
ARTICLE 8, SPECIAL PAY
8.1 Senior, Master Police Officer and Sergeant Pay Provision
A. Senior Police Officer
To qualify for this additional title and a 5% pay increment, Police Safety Unit
members must have an Intermediate P.O.S.T. Certificate or an Associate of Arts
Degree from a college or university accredited by either the Council for Higher
Education Accreditation ("CHEA") or the U.S. Department of Education ("USDE").
They must also have at least two (2) years of experience as a Police Officer with
the Palm Springs Police Department; and must provide a copy of a current
("within the last 6 months") copy of their last performance evaluation in which
they were rated overall satisfactory or higher.
B. Master Police Officer
To qualify for this additional title and a 5% pay increment, Police Safety Unit
members must have an Advanced P.O.S.T. Certificate or a Bachelor'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"). They
must also have at least three (3) years of experience as a Police Officer with the
Palm Springs Police Department; and must provide a copy of a current ("within
the last 6 months') copy of their last performance evaluation in which they were
rated overall satisfactory or higher.
4 � 1
C. Police Sergeant II
To qualify for this additional title and a 5% pay increment, Police Safety Unit
members must have a Bachelor'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 an Advanced P.O.S.T. Certificate and
shall have at least one (1) year of experience as a Police Sergeant with the Palm
Springs Police Department; and must provide a copy of a current ("within the last
6 months') copy of their last performance evaluation in which they were rated
overall satisfactory or higher.
D. Police Sergeant III
To qualify for this additional title and a 5% pay increment, Police Safety Unit
members must have a supervisory certificate and shall have at least two (2)
years of experience as a Police Sergeant with the Palm Springs Police
Department; and must provide a copy of a current ("within the last 6 months")
copy of their last performance evaluation in which they were rated overall
satisfactory or higher.
The parties agree that to the extent permitted by law, the pays in this sub-article are
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(2) Educational Pay.
8.2 Motor Officer
Officers assigned to Motors shall receive five percent (5%) while assigned as Motor
Officers. The Police Department shall provide each Motor Officer with a helmet and
jacket. The additional five percent (5%) compensation is intended to compensate the
employees for any off duty time spent caring for the Motor Unit.
The parties agree that to the extent permitted by law, Motor Officer pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Motor Officer Pay.
8.3 Canine Officer
Officers assigned to the Canine Program shall receive compensation of an additional
five percent (5%) while assigned as Canine Officers, as well as a $50.00/month
K-9 allowance. The City and Association understand and agree that the five percent
plus additional $50.00 per month compensation paid to Canine Officers is intended to
compensate Canine Officers for all off duty hours spent caring, grooming, feeding and
otherwise maintaining their canine unit, in compliance with the FLSA and interpretive
cases and rulings. The parties acknowledge that the FLSA, which governs the
entitlement to compensation for canine duties, entitles the parties to agree to a
reasonable number of hours per month for the performance of off duty canine duties.
The parties agree that the officers assigned to the Canine Program may work up to 20
hours per month in off duty activities related to their Canine. The hours derived at in
this MOU were determined after an actual inquiry of the Officers assigned in the Canine
Program as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004).
5 12
It is the intent of the parties through the provisions of this article to fully comply with the
requirements of the FLSA. In addition, both parties believe that this article of the MOU
does comply with the requirements of the FLSA.
The parties agree that to the extent permitted by law, Canine Officer pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Canine Officer/Animal Premium.
ARTICLE 9, FIELD TRAINING OFFICER
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 FTOs at any given time, but not less
than eight FTOs. The Police Chief may remove with cause an officer from the duties of
FTO.
The parties agree that to the extent permitted by law, Field Training Officer pay is
special compensation and shall be reported as such pursuant to Title 2 CCR, Section
571(a)(4) Training Premium.
ARTICLE 10, OVERTIME
10.1 Policy
Police Safety Unit members are eligible to receive overtime pay or compensatory time
off, but they shall not work overtime unless authorized in advance to do so by the Police
Chief or an appropriate authorized supervisor. The Police Chief shall be responsible for
keeping accurate records of all overtime worked by employees. The minimum amount
of contract overtime (i.e., special detail overtime work performed for a third party who is
paying for the work as provided for in the Department of Labor regulations implementing
the FLSA at 29 C.F.R. Section 553.227) is four (4) hours.
Members of the Police Safety Unit shall be compensated for overtime worked at one
and one half (1.5) times their 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 paid leaves of absence.
10.2 Right to Receive Overtime Pay or Compensatory Time Off
At the Police Chiefs discretion, employees eligible to receive overtime pay may be
granted compensatory time (off earned at time and one half) in lieu of overtime pay.
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10.3 Using Compensatory Time Off
The Police Chief or the Police Chiefs 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 per shift as long as replacement officers can be hired. No officer shall be
compelled to work in order to grant another employee compensatory time off. The
parties agree that the policies set forth in this article are consistent with the law on use
of compensatory time off as set forth by the FLSA, its regulations and case law decided
on this issue.
10.4 Maximum Accumulation Of Compensatory Time Off
No Police Safety Unit employee shall accumulate compensatory time off in excess of
one hundred and sixty (160) hours. An employee who has accumulated the maximum
amount of compensatory time shall not accumulate additional compensatory time when
working overtime until the employee's accumulation has been reduced below 160
hours.
10.5 Using Compensatory Time Off for Paid Sick Leave
Compensatory time off may be used for paid sick leave purposes only if an employee
has exhausted all accrued paid sick leave, has requested the use of compensatory time
off, has received the approval of the Police Chief, and has such compensatory time off
available for use.
ARTICLE 11, CALL BACK
When an employee is called back to work, the employee shall receive a minimum of
four (4) hours pay or four (4) hours of compensatory time. The Police Chief shall
determine whether the employee receives pay or time. An employee who is called in to
work less than four (4) hours prior to the start time of for his/her regularly scheduled
shift shall receive pay for the time actually worked but shall not be entitled to the
minimum guarantee of four (4) hours provided in this article.
Police Safety Unit employees called back to work shall be paid for actual travel time not
exceeding one-half (1/2) hour which is included in the four (4) hour minimum.
ARTICLE 12, BILINGUAL PAY
The parties agree that a minimum of ten (10) 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
7 14
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.
The parties agree that to the extent permitted by law, Bilingual pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Bilingual Premium.
ARTICLE 13, UNIFORM ALLOWANCE
The City agrees to pay a uniform and safety equipment allowance to each Unit member
as a reimbursement for expenses incurred for acquisition and maintenance of uniforms
and safety equipment in an amount of one hundred and 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
allowance. In consideration of the City's agreement to pay said allowance, the PSPOA
agrees not to commence any litigation or other proceeding in which it is contended the
City is failing to comply with a legal obligation to provide safety equipment.
The parties agree that to the extent permitted by law, uniform allowance shall be
reported to CalPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report
as special compensation, the value of the uniforms for a unit member 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 14, MILEAGE REIMBURSEMENT
Members of the Police Safety Unit shall receive mileage reimbursement in accordance
with existing City policy, at the prevailing IRS rate.
ARTICLE 15, PROBATIONARY PERIOD FOR POLICE OFFICERS
The parties agree that Section 11.2 of the City's Personnel Rules is incorporated herein.
It states:
8 15
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 the Police Officer six months retro pay. The employee's
anniversary date for future merit increases shall be the twelve month anniversary of the
employee's hire date.
ARTICLE 16, CELL PHONE ALLOWANCE
Employees shall be provided a cell phone allowance of $50 per month. It is the policy of
the Department that each Police Safety Unit member will be required to have a cellular
telephone with text capabilities which are active for official Department business use.
These eligible employees shall provide the Department with their cell phone number
and immediately report any changes to this number to the Office of the Chief of Police.
The requirement to possess and use the cell phone in no way assumes a condition of
"on call status" while off duty. Except in times of declared emergency and court,
employees are not required to use the cell phone while off duty.
ARTICLE 17, COURT APPEARANCES
17.1 Compensation for Safety Police Unit Employees' Court Appearances
Police Safety Unit members who are subpoenaed to appear in court during non-working
hours regarding official City business, shall be paid for actual court time with a minimum
of four (4) hours pay for each day's appearance at one and one-half (1-1/2) times the
officer's regular hourly rate of pay.
17.2 Cancelled Subpoenas
If a subpoena of the type referred to in section 17.1, above, is cancelled twenty-four (24)
hours or more before the employee is scheduled to appear or by the end of the
employee's last shift prior to the scheduled appearance time, whichever is later, no
payment shall be due to the employee. If the subpoena is cancelled less than twenty-
four hours prior to the scheduled appearance or later than the end of the employee's
last shift prior to the scheduled appearance time, whichever is later, the employee shall
be paid a cancellation fee of Fifty Dollars ($50.00). Employees are required to call in to
the court liaison officer or 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 this article if the employee failed to call in and the subpoena had in fact been
cancelled.
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BENEFITS
ARTICLE 18, 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.
18.1 Health. Dental and Vision Insurance
The City agrees to contribute up to the amounts below for calendar years 2014 and
2015 for Police Safety 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
Ti FS'1 .W j�T ilaJ+.F y
77
✓C i5 «aY
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
10 17
January 1, 2015
a W jY3 hC51 4 .�. ✓ / . £.'.' 1 1 ..
,� SX AN CC
Single Party $814.10 $34.30 $13.17
Two-Party $1,562.65 $47.66 $13.17
Family $1,655.91 $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, Proof of Domestic Partner Relationship as issued by a
governmental agency, Statement of Financial Liability for Domestic Partnership,
Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of
Eligibility for Economically Dependent Children to the City. The City will use the same
enrollment policies for domestic partnerships as are currently used for traditional
marriages or as provided by the requirements of the insurance carrier.
18.2 Term Life Insurance
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to the
employee.
18.3 IRS 125 Plan
The City agrees to provide an IRS 125 Plan for Police Safety Unit members. The
Association agrees that member employees who subscribe to the plan shall pay the
Plan Administrator's fees. Any IRS 125 supplemental plan benefit not being offered by
the Plan Administrator during the enrollment period for the new plan year will become
the responsibility of the employee to pay via direct billing.
ARTICLE 19, RETIREE HEALTH INSURANCE
For all employees hired prior to October 25, 2006, or who had already received a written
offer of employment by that date, the City's maximum contribution for its retired
employees will be 75% of insurance premium for retirees coverage upon completion of
20 continuous years of City service, and 100% payment for retirees coverage upon
completion of 25 continuous years of City service. In the event of the employee's death,
the City's contribution will end. The surviving spouse may remain on the plan as a
retiree without a City contribution to the premium. Retired employees who have not
completed 20 continuous years of City service shall be entitled to participate at his/her
own cost in the Association's health, hospitalization and drug coverage plan.
For all employees hired after October 25, 2006, there will be no City contribution for
retiree health benefits. The City will, however, make a $100.00 per month contribution
to an employee Retiree Health Savings Plan and the associated fixed dollar cost of
administration.
11 18
ARTICLE 20, RETIREMENT
20.1 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.
20.2 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.
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 on or after
December 5, 2012
These employees currently pay their nine percent (9%) member contribution and
will continue to do so.
12 19
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.
20.3 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.
20.4 Optional Benefits
The City contracts with CaIPERS 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 21624/26/28
and 21635
D. Death Benefits — Government Code section 21574
E. Military Reallocation Credit - Government Code section 21024
F. Sick Leave Credit - Government Code section 20965
G. Final Compensation Period One Year - Government Code section 20042 for
classic members
H. 2% Cost of Living Allowance - Government Code section 21329
I. Prior Service - Government Code section 20055
13 20
ARTICLE 21, EDUCATIONAL REIMBURSEMENT
A member of the Unit shall receive educational reimbursement as follows: The course
that will be considered job-related for purposes of Personnel Rule 18.2.1(1) for
members 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 at the
discretion of the Police Chief and the Human Resources Director.
No Police Safety Unit member shall receive more than $3,000 per fiscal year in
educational reimbursement, subject to a $20,000 cap per fiscal year for all employees in
the Police Safety Unit.
14 21
WORK HOURS/LEAVE
ARTICLE 22, HOURS OF WORK
22.1 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) day period
starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
22.2 Schedule - Specified, Non-Patrol Safety Unit Members
Police Safety unit positions assigned to patrol duty, motorcycle duty or detective duty,
the Personnel & Training Sergeant, the Traffic Sergeant, and Canine patrol officers, but
excluding the School Campus Officer, shall be allowed to work on a four (4) ten (10)
schedule, with the understanding that such schedule can include weekends at the
discretion of the Police Chief. It is also agreed that the Personnel & Training Sergeant,
and the Traffic Sergeant shall be subject to a "flex schedule", in that their time worked
would be adjusted to minimize overtime and provide flexibility in performing their duties,
attending official events and functions at which their attendance is necessary, 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. Notwithstanding the work schedule utilized by the
Department, the City has adopted the 28 day work period in accordance with Section
7(k) of the Fair Labor Standards Act. The City will pay overtime as it has historically
paid in excess of the requirements of the FLSA.
22.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee of hours of
work per day or per 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.
22.4 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. If the Association wishes to address issues
of shift selection, it may make such requests to the Police Chief.
22.5 Work Commuting
Any Police Safety Unit member hired after July 1, 2000 shall live within an hour's
distance of the Police Department so that the officer is able to report to work within an
hour.
15 22
ARTICLE 23, ANNUAL LEAVE
23.1 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.
23.2 Annual Leave Accrued While on Sick Leave
Annual leave shall accrue while an employee is on approved sick leave or occupational
sick leave as provided in this MOU up to the maximum of four hundred (400) hours.
23.3 Annual Leave for Reinstated Employees (Employees Previously Employed by the
Cit
Notwithstanding other provisions of this MOU, for annual leave purposes only,
reinstated employees shall receive service credit for their prior regular (non-temporary)
employment and shall accrue annual leave commencing with the effective date of such
reinstatement at the current accrual rate applicable to the service credit they received.
23.4 Annual Leave General Provisions
Employees may utilize their annual leave at the discretion of the Police Chief. Annual
leave need only be used to cover shifts on regularly assigned days, not additional shifts.
Annual leave shall be paid at the employee's straight time hourly rate of pay in effect
during the leave period.
23.5 Accrual Rates
Annual leave shall accrue and vest (and is thus, subject to cash out) on the basis of
each full month worked in accordance with the following schedule:
„� m• i
0 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
16 23
23.6 Maximum Accrual
Annual leave shall accrue to a maximum of four hundred (400) hours. An employee
whose accrual is at 400 hours shall not accrue additional annual leave unless and until
he/she uses such leave bringing his balance below 400 hours or cashes in such leave
per article 23.7 of this MOU.
23.7 Annual Leave Cash-In
Employees in the Police Safety unit may request payment for up to a total of one
hundred sixty (160) 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.
23.8 Payment of Annual Leave At Separation From City Employment
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.
ARTICLE 24, PAYMENT IN LIEU OF HOLIDAYS
Police Safety Unit members, in lieu of all City recognized holidays, shall be paid 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 25, SICK LEAVE AND LEAVE PURSUANT TO A WORKER'S
COMPENSATION INJURY OR ILLNESS
25.1 Industrial Leave
Police Safety Unit members who are compelled to be absent from duty because of
illness or injury covered by State of California Workers' Compensation Insurance &
Safety Act shall, in lieu of temporary disability compensation payable under the
aforementioned Act, continue to be paid his/her normal salary and accrue other benefits
in accordance with the provisions of Labor Code Section 4850 and court interpretations
of that law.
Any period of time during which an employee is required to be absent from his/her her
position by reason of an industrial injury or industrial illness for which he/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 annual/sick leave
and seniority.
17 24
25.2 Sick Leave Maximum Accrual
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.
25.3 Accrual Rates
For the first twelve (12) months of continuous service full-time employees shall accrue
sick leave at the rate of five (5) 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 and a half (2.5) hours for each full month of service.
After completion of twelve (12) months of continuous service, full-time employees shall
accrue sick leave at the rate of ten (10) 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 five (5) hours for each full month of service.
25.4 Eligible to Use
Police Safety Unit members are eligible to use accrued sick leave after completion of six
(6) continuous months of service with the City of Palm Springs.
25.5 Disposition of Sick Leave Upon Retirement
Unless converted to service credit, unit members shall be paid for accrued, vested and
unused sick leave and excess sick leave (having been accrued at that time of the year)
upon a public safety service or disability retirement. All unpaid accrued and vested sick
leave of deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
ARTICLE 26, REINSTATED EMPLOYEES
A Unit member who leaves employment (i.e., not an employee on a leave of absence,
but who is no longer a City employee) with the City and returns to work the Unit within
one (1) year thereafter shall be treated in all respects as a new employee regarding shift
assignments, scheduling of vacations and days off and with respect to promotions.
Benefit accruals for such reinstated officers shall be governed by the existing benefit
accrual rules.
18 25
ARTICLE 27, MCCANN PLAN TRAINING SCHEDULE
The Association agrees that City can change schedule two (2) times a year to
accommodate McCann Plan Training Schedule. Each schedule change not to exceed
fourteen (14) days. If training occurs during Spring Break schedule, it will be considered
McCann Plan Training.
ARTICLE 28, DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief shall determine the number of officers to be assigned as detectives at
any given time and shall determine whether or not there is a continuing need to have
any given officer work as a detective.
ARTICLE 29, LIGHT DUTY ASSIGNMENTS
The City and the Association agree that the Police Chief shall have complete discretion
to decide whether or not light duty work can be made available to a Police Safety Unit
member employee who is unable to perform his/her regular duties due to a non-work
related illness or injury.
19 26
EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 30, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Exhibit B.
The parties acknowledge and agree that this topic is subject to meet and confer per the
Meyers Milias Brown Act.
ARTICLE 31, ANTI-NEPOTISM POLICY
31.1
The PSPOA and the City agree that no persons related by blood may be employed in
the Palm Springs Police Department at the same time. Consistent with the definition for
non- spouse relatives in City Personnel Rule 9.4, related by blood shall include an
employee's child, parent, grandparent, brother, sister, grandchild, uncle, nephew, niece
and first cousin. This Article does not apply to sibling relationships or parentichild
relationships if the sibling, parent or child is within 24 months of normal retirement.
Employees of the Palm Springs Police Department employed prior to July 1, 1998 and
related by blood to another employee of the Palm Springs Police Department employee
who was also employed prior to July 1, 1998, are exempted from the above, but in no
case shall any employee be supervised by a person related by blood.
31.2
Consistent with City Personnel Rule 9.4, the initial employment of persons related by
marriage to City employees will not be permitted within the Palm Springs Police
Department unless specifically approved by the City Manager.
A. They shall not work the same patrol hours. For purposes of this regulation,
motors will be viewed as a patrol assignment.
B. They shall not work on the same shift or any shift that overlaps with a shift that
the other spouse works.
C. They shall not work any overtime or contract overtime at the same time.
D. They shall not work any special assignments at the same time, including task
forces.
E. They shall not supervise one another at any time.
F. They shall not be assigned to investigate one another or in any manner
participate in an investigation of an incident that involves a spouse, including but
not limited to incidents where the spouse is an investigator, subject, victim or
witness in the incident.
Supervisors may make exceptions to A. through D. only in emergency situations.
20 27
ARTICLE 32, PROMOTIONAL PROCESS
Whenever there is a promotion to the position of Police Sergeant, a Rule of 5, i.e., the
top five candidates on the eligibility list in ranked order, shall be presented to the Police
Chief for his/her consideration. If any of the candidates chosen for promotion to Police
Sergeant are passed over by the Police Chief, i.e., the Police Chief does not pick the
highest ranking person remaining on the list, the Chief will provide an explanation (orally
or in writing) to the person passed over as to why another candidate was chosen for the
promotion.
ARTICLE 33, WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS
All Police Safety Unit members 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.
ARTICLE 34, WRITTEN REPORTS
A unit member has the right to have an attorney present when preparing a written
incident report for an officer-involved shooting. Such reports must be submitted to the
watch commander or designated supervisor within three working days of the incident.
The attorney must be present when the report is submitted, in the event that the
reviewing official needs further information.
ARTICLE 35, DISCIPLINARY ACTION/GRIEVANCE PROCEDURE
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:
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.
ARTICLE 36, ASSOCIATION TIME
The Police Chief has the authority to grant the Association President, or his/her
designee, time off with pay to attend conferences or other events not to exceed forty
(40) hours in a calendar year (except as shall otherwise be provided by the Chief of
Police).
Effective January 1, 2015, the Association shall be provided with seven hundred and
fifty (750) hours of paid release time annually to be used by Association Board
members to conduct union business. Board members wishing to use this release time
21 28
must seek approval from their supervisor in advance. Approval will be granted if
reasonable notice is provided to address the work load or any operations issues caused
by the Board member's absence. However, the Department, through its supervisors,
retains the discretion to deny a request to use such time for operational reasons but
cannot and will not act unreasonably in granting a request to use such time. This
release time does not accrue. Each January 1st there will be seven hundred and fifty
(750) hours to be used for the calendar year. If any of the 750 hours are not used, they
do not carry over to the next year. The POA President is responsible for keeping track
of the hours used by the Association and will inform the Human Resources Director
each quarter of the hours used by the Board members.
ARTICLE 37, STRIKES AND WORK STOPPAGES
37.1 Prohibited Conduct
A. The Association, its officers, agents, representatives and/or members agree that
during the term of this MOU, they will not cause or condone any strike, sympathy
strike, walkout, slowdown, sick-out, or any other unlawful job action or concerted
activity by withholding or refusing to perform services.
B. Any employee who participates in any conduct prohibited in Article 37.1(A)
above, shall be subject to suspension, demotion or dismissal by the City.
C. In addition to any other lawful remedies or disciplinary actions available to the
City, if the Association fails, in good faith, to perform all responsibilities listed
below in Article 37.2, Association Responsibility, the City may suspend any and
all rights and privileges accorded to the Association in this MOU, including but
not limited to suspension of the Grievance Review Procedure and dues
deduction.
37.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in Article 37.1(A), Prohibited Conduct, the
Association shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this Agreement and unlawful, and they must immediately cease
engaging in conduct prohibited in said Article 37.1(A) and return to work.
ARTICLE 38, AGENCY SHOP
Every employee in the bargaining unit is represented by the Association and shall, as a
condition of continued employment, either join the Association paying the appropriate
Association dues, or pay an agency shop fee. Employees who are members of a bona
fide religion, body or sect that have historically held conscientious objection to joining or
financially support public employee organizations, may, as an alternative pay a sum
equal to the agency shop fee to a non-religious and non-labor charitable fund, exempt
from taxation under Section 501(c)(3) of the Internal Revenue Code. Such an employee
will be required to fill out the appropriate form provided by the City and donate the fee to
the Palm Springs Police Officer Memorial Fund.
22 29
38.1 Rescission
It is mutually agreed by the parties that the agency shop provisions of this MOU may be
rescinded by a majority vote of all employees represented by this Unit as set forth in
California Government Code section 3502.5(d). There can be only one election during
the term of this MOU.
38.2 Maintenance of Membership
Unit employees who are members of the Association on the effective date of this MOU
and those who voluntarily join thereafter during the term of this MOU may elect to
withdraw their membership in the Association in last week of August of each year. If
they do so, they will be required to pay the agency fee per this Article on September 1
following their withdrawal. Once an employee withdraws from membership and
becomes an agency fee payer, that employee may not be re-admitted to the association
without specific written authorization from the Association.
38.3 Payroll Deductions
The City shall, without charge to the Association, deduct dues and agency shop fee
payments (as specifically identified by the Association) from each employee's direct
deposit payments or pay checks for the first two pay periods each month. The
Association agrees to hold the City harmless from any claims of the employees in the
Unit related to such payroll deductions.
38.4 Reauirement to Comply with Record of Financial Transactions
In accordance with Government Code Section 3502.5(f), the Association is required to
keep an adequate record of its financial transactions and shall make available annually
to the City and the City employees who are members of the Association, within 60 days
after the end of the fiscal year, financial records as specifically identified in Government
Code section 3505.2(f). The Association agrees to comply with Government Code
section 3502.5(f).
ARTICLE 39, LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except that if a Police
Sergeant bumps to Police Officer as a result of layoffs, the "Classification Seniority" in
the position of Police Officer will be defined as the time in the classification of Police
Officer plus the time in classification of Police Sergeant. Where Personnel Rule 13.3
indicates that job performance shall be considered, for members of the Police Safety
Unit, an employee's final ranking of the eligibility list for the position will be considered
instead.
ARTICLE 40, CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities
imposed by law, the City of Palm Springs has and will retain the exclusive right to
23 30
manage and direct the performance of City services and the work force performing such
services and therefore the following matters shall be within the exclusive discretion of
the City:
A. To determine issues of public policy;
B. To determine the merits, necessity, or organization of any service or activity
conducted by the City;
C. To determine and change the facilities, methods, means, and personnel by
which City operations are to be conducted;
D. To expand or diminish services;
E. To determine and change the number of locations, relocations, and types of
operations and the processes and materials to be employed in carrying out
all City functions, including but not limited to, the right to subcontract any work or
operations;
F. To determine the size and composition of the work force, to assign work to
employees in accordance with requirements as determined by the City and to
establish and change work schedules and assignments, and to determine the
days and hours when employees shall work;
G. To relieve employees from duty because of lack of work or other non-disciplinary
reasons;
H. To discharge, suspend, or otherwise discipline employees for proper cause in
accordance with established personnel rules;
I. To determine job classifications;
J. To hire, transfer, promote, and demote employees for non-disciplinary reasons;
K. To determine policies, procedures and standards for selecting, training and
promotion of employees;
L. To establish employee performance standards including but not limited to, quality
and quantity standards;
M. To establish reasonable work and safety rules.
N. The City, in exercising these rights and functions, will not discriminate
against any employee because of membership or non-membership in any
employee organization.
O. 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
members of the Police Safety 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.
24 31
ARTICLE 41, ASSOCIATION RIGHTS
A. Deduction of dues and/or Association sponsored programs.
B. The Association shall have the right to use a Police Department bulletin board for
communications with its members. Any communication shall be in accordance
with applicable ordinances, statutes and laws.
C. The Association shall have the right and responsibility to use and maintain
the "Officer/Employee of the Year Photo Display."
ARTICLE 42, MISCELLANEOUS PROVISIONS
The parties will try to work cooperatively when handling claims against police officers
and the City for the purpose having consistent positions to better handle such claims.
42.1 Joint Drafting
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any
construction to be made of this MOU, the same shall not be construed against any
party.
42.2 Modification
This MOU may only be modified or amended by written agreement between the parties
and must be subsequently approved by resolution of City Council.
42.4 City Council Approval
The MERR and the Association have met and conferred in good faith on wages, hours
and other terms and conditions of employment for the employees represented by the
Association and have reached agreements which are set forth in this MOU. This MOU
constitutes a joint recommendation by the MERR and the Association, after ratification
of the Association's membership, to be submitted to the City Council for its
determination and approval by one or more resolutions, as the City Council may deem
fit and proper. This MOU is of no force or effect unless or until ratified and approved by
the City Council of the City.
42.5 Police Department Policy 700.00 — Take Home Vehicles
This policy is attached and incorporated by reference into this Agreement as Exhibit A.
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EXHIBIT A - 700.00 TAKE HOME VEHICLES
A. POLICY
1. The City Manager shall authorize take home vehicles for patrol officers living
within either the Palm Springs city limits, or in certain instances, within 33
miles of the Palm Springs Police Department as determined by Google Maps
or another map software agreeable to both parties. Motor Officers will be
eligible for a take home motorcycle.
2. Marked police vehicles will be assigned as take home vehicles by the Police
Chief to sworn officers who reside within the city limits of Palm Springs based
upon vehicle availability and seniority of the officer.
3. Marked vehicles may also be assigned to officers in critical assignments
requiring an immediate response. Critical assignments are described as
sergeants, SRT, K-9 and Motors. Unmarked police vehicles will be assigned
to sworn officers in Detective, Traffic (except Motor officers) and
administrative positions.
4. No officer will be eligible to participate in the take home program until they
have successfully completed their FTO training.
5. Notwithstanding any provision of this policy, the City of Palm Springs is only
obligated to purchase a maximum of five (5) new vehicles per year pursuant
to this policy. This means that if a unit member is unable to be provided a
vehicle (because there are an insufficient number of operable vehicles to
provide a take home vehicle to every member of the unit who would qualify
for a vehicle) he/she will not be provided as such. In such case, the
determination as to who will qualify for a take home vehicle will be based on
seniority.
B. USE OF CAR
1. 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
30-mile radius from the City of Palm Springs Police Department. A unit
member who is assigned a take home car may use the car to commute back
and forth to work, including stopping on the normal route for personal
purposes. However, the take home car is not to be used as the unit
member's personal car when not commuting to or from work. This includes,
but is not limited to, that the unit member is not to use the car on days when
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.
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2. Officers, who are assigned to attend training classes, responding to a City of
Palm Springs job-related court subpoena, or attending any other Department
sanctioned event outside the city of Palm Springs, may use their assigned
vehicle to attend the event.
a. Officers who are not assigned a take home vehicle shall park their
assigned vehicle at the police department. Those officers have the option
of responding to court or other department sanctioned events outside the
city of Palm Springs either from the department in their assigned vehicle,
or from their home, using their own vehicles and putting in for mileage
reimbursement.
C. DUTY TO RESPOND
1. Officers driving a take home vehicle may not ignore stranded or disabled
motorists, traffic collisions, or any hazardous conditions they observe. The
officer must have the equipment necessary to respond and shall activate the
radio, notify Dispatch of the situation and take action if deemed appropriate.
D. PARKING
1. Officers who are not assigned a take home vehicle shall park their assigned
vehicle at the police department or other City of Palm Springs facility as
directed by the Chief of Police.
E. MAINTENANCE
1. 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.
2. 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.
F. SUSPENSION OF PRIVILEGE
1. The take home privilege may be suspended if the officer has two or more
preventable accidents within a three-year period, or if they fail to follow the
guidelines set forth in this policy.
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EXHIBIT B - DRUG POLICY/DRUG SCREENING
The City of Palm Springs and the Association have a vital interest in maintaining safe,
healthful and efficient working conditions. Being under the influence of a drug or alcohol
on the job may pose serious safety and health risks not only to the user, but also to co-
workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug
or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient
operations. "On the job" means while on City premises, at work locations, or while on
duty or being compensated on an "on call status."
The City of Palm Springs and the Association recognize that their future is dependent
on the physical and psychological well-being of all employees. The City and the
Association mutually acknowledge that a drug and alcohol-free work environment
benefits employees and citizens. The purpose of this Article is to define the City's drug
and alcohol policy as well as the possible consequences of policy violation.
Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job
is strictly prohibited. This prohibition shall not apply to legitimate undercover activities of
Police Officers that are undertaken in accordance with the direction of the Police
Department. Being under the influence of drugs or alcohol shall mean having a blood
alcohol content of .04% or higher and having any residue or metabolite of illegal drugs
in the body.
Section 2
When the City has a reasonable suspicion that an employee is, or may be, impaired or
affected on the job by alcohol or illegal drugs, or that alcohol or illegal drugs are, or may
be, present in an employee's body in violation of the rules set forth in this policy, the
employee shall be required to submit to an blood alcohol/drug screen test immediately
upon demand by the City.
Reasonable suspicion of controlled substance or alcohol use may be based on
appropriate factors, including excessive absenteeism or attendance problems, poor
work performance or erratic, threatening or violent behavior coupled with other
conditions, including but no limited to the following: bloodshot or watery eyes, very large
or very small pupils, runny nose, excessive perspiration, nausea and vomiting, lack of
coordination, slurred speech or unpredictable responses to ordinary requests.
Refusal to submit to such a test amounts to insubordination and shall be sufficient
grounds for dismissal. Any employee failing such a test, or who tampers with the test
specimen, shall be subject to dismissal from the City.
Section 3
Any manager or supervisor requesting an employee to submit to a substance screening
shall document in writing the fact constituting reasonable suspicion and shall give the
employee a copy. This report must advise the employee of his right to representation.
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The employee shall be given an opportunity to provide additional facts. An employee
who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in drug and alcohol screening, there shall
be no delay in the testing process based on an employee's request to be represented.
Section 4
The supervisor, or designee, shall transport the suspected employee to the testing
facility for a blood test. Testing shall occur on City time and be paid for by the City.
Section 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should
be prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if 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 would not insulate the employee from
disciplinary action already contemplated based on the employee's violation of this
policy.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, the City may refer an employee to the EAP. Such referral could, at the
discretion of the City, be made available to the employee as an alternative to
disciplinary action. Referral would be subject to agreement by the employee to enroll,
participate in and successfully complete a rehabilitation and/or counseling program and
other terms and conditions in a "Last Chance Agreement".
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PALM SPRINGS POLICE SAFETY ASSOCIATION REPRESENTATIVE
Date:
By: Labor Representative Signature
By:
PSFSA President Signature
By:
Board Member Signature
By:
Board Member Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date:
By: By:
City Manager Labor Attorney
Attest:
By: By:
City Clerk Director of Human Resources
Approved to form: Council Approval:
By:
City Attorney
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