HomeMy WebLinkAboutA5340 - PALM SPRINGS POLICE OFFICERS' ASSOCIATION (PSPOA) MOU PALM SPRINGS POLICE
OFFICERS' ASSOCIATION
( PSPOA)
MEMORANDUM OF
UNDERSTANDING
DECEMBER 16, 2018 - JUNE 30v 2020
The Palm Springs Police Officers' Association
Memorandum of Understanding
December 16, 2018-June 30, 2020
GENERALPROVISIONS..........................................................................................................................................3
ARTICLE1, TERM........................................................................................................................................ 3
ARTICLE2, RECOGNITION........................................................................................................................ 3
ARTICLE 3, FEDERAL AND STATE LAWS.................................................................................................3
ARTICLE 4, SOLE AND ENTIRE AGREEMENT......................................................................................... 3
ARTICLE 5, COMPLETION OF MEET AND CONFER PROCESS............................................................. 3
ARTICLE 6, SEPARABILITY PROVISIONS.................................................................................................4
COMPENSATIONSAND OTHER PAY....................................................................................................................5
ARTICLE7,WAGES..................................................................:................................................................. 5
ARTICLE 8, SPECIAL COMPENSATION.................................................................................................... 5
ARTICLE9, OVERTIME...............................................................................................................................7
ARTICLE10, CALL BACK............................................................................................................................ 8
ARTICLE 11, UNIFORM ALLOWANCE....................................................................................................... 8
ARTICLE 12, MILEAGE REIMBURSEMENT............................................................................................... 8
ARTICLE 13, PROBATIONARY PERIOD FOR POLICE OFFICERS.......................................................... 9
ARTICLE 14, CELL PHONE ALLOWANCE................................................................................................. 9
ARTICLE 15, COURT APPEARANCES....................................................................................................... 9
BENEFITS...............................................................................................................................................................10
ARTICLE 16, HEALTH, DENTAL,VISION AND OTHER INSURANCE.................................................... 10
ARTICLE 17, RETIREE HEALTH INSURANCE......................................................................................... 11
ARTICLE18, RETIREMENT...................................................................................................................... 12
ARTICLE 19, EDUCATIONAL REIMBURSEMENT................................................................................... 13
WORKHOURS/LEAVE...........................................................................................................................................14
ARTICLE20, HOURS OF WORK.............................................................................................................. 14
ARTICLE21,ANNUAL LEAVE .................................................................................................................. 15
ARTICLE 22, PAYMENT IN LIEU OF HOLIDAYS..................................................................................... 16
ARTICLE 23, SICK LEAVE AND LEAVE PURSUANT TO A WORKERS' COMPENSATION INJURY
ORILLNESS............................................................................................................................................... 17
ARTICLE 24, REINSTATED EMPLOYEES................................................................................................ 18
ARTICLE 25,ADVANCED OFFICER TRAINING SCHEDULE.................................................................. 18
ARTICLE 26, DETECTIVES AND DETECTIVE SERGEANTS.................................................................. 18
ARTICLE 27, LIGHT DUTY ASSIGNMENTS............................................................................................. 18
EMPLOYER/EMPLOYEE RELATIONS..................................................................................................................19
ARTICLE 28, DRUG POLICY/DRUG SCREENING................................................................................... 19
ARTICLE29,ANTI-NEPOTISM POLICY................................................................................................... 19
ARTICLE 30, PROMOTIONAL PROCESS................................................................................................ 19
ARTICLE 31, WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS.........................................20
ARTICLE32,WRITTEN REPORTS...........................................................................................................20
ARTICLE33, GRIEVANCE PROCEDURE................................................................................................20
ARTICLE 34, DISCIPLINARY APPEALS PROCESS ................................................................................22
ARTICLE35,ASSOCIATION TIME ...........................................................................................................26
ARTICLE 36, STRIKES AND WORK STOPPAGES..................................................................................26
ARTICLE37, LAYOFF AND RECALL........................................................................................................27
ARTICLE 38, CITY RESPONSIBILITIES AND RIGHTS............................................................................27
ARTICLE 39,ASSOCIATION RIGHTS......................................................................................................28
ARTICLE 40, MISCELLANEOUS PROVISIONS .......................................................................................28
EXHIBITA-700.00 TAKE HOME VEHICLES...........................................................................................29
EXHIBIT B-DRUG POLICY/DRUG SCREENING ....................................................................................31
EXHIBIT C-SENIOR POLICE OFFICER, MASTER POLICE OFFICER AND SERGEANT II AND
IIIQUALIFICATIONS..................................................................................................................................33
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MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN
THE CITY OF PALM SPRINGS
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR)
AND THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION (PSPOA)
DECEMBER 16, 2018 —JUNE 30, 2020
GENERAL PROVISIONS
ARTICLE 1, TERM
The term of this MOU shall be from December 16, 2018 through June 30, 2020.
ARTICLE 2, RECOGNITION
Pursuant to the provisions of the Meyers-Milias-Brown Act., Government Code Section 3500, et
seq., the City of Palm Springs (hereinafter called the "City") continues to recognize the Palm
Springs Police Officers' Association (herein called the "Association") as the exclusively
recognized employee organization for the employee unit of representation known as the Police
Safety Unit, which is comprised of all employees in the Police Department in the following
classifications: Police Officer, Senior Police Officer, Master Police Officer, Police Sergeant,
Police Sergeant II and Police Sergeant III. (See Resolution No. 17793)
ARTICLE 3, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal
and State laws and regulations. If any part of this MOU is in conflict or inconsistent with such
applicable provisions of Federal or State laws or regulations, and has been held to be invalid or
unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be
suspended and superseded by such applicable laws and regulations and the remainder of this
MOU shall not be affected thereby and shall remain in full force and effect.
ARTICLE 4, SOLE AND ENTIRE AGREEMENT
It is the intent of the parties hereto that the provisions of this MOU shall supersede all prior
agreements and memoranda of agreement, or memoranda of understanding, or contrary salary
and/or personnel rules and regulations or administrative codes, provisions of the City, oral and
written, expressed or implied, between the parties, and shall govern the entire relationship and
shall be the sole source of any and all rights which may be asserted hereunder. This MOU is not
intended to conflict with Federal or State law or the City's Municipal Code. The Association and
the City agree that all personnel rules not specifically included in the MOU shall be incorporated
by reference herein. City reserves the right to add to, modify or delete from the Personnel Rules
subject to its obligations under the Meyers-Milias-Brown Act.
ARTICLE 5, COMPLETION OF MEET AND CONFER PROCESS
The Association and the City agree that they had a full and unrestricted right to make, advance,
and discuss all matters properly within the scope of meet-and-confer in accordance with State
laws and local ordinances and regulations. Except as otherwise provided herein, during the term
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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.
Notwithstanding Article 5, the parties agree that immediately following City Council approval of
this MOU, they will continue with their negotiations over their respective proposals on body-worn
cameras. If those negotiations are not completed by the beginning of the pay period which
includes July 1, 2019, the salary increase to which the parties have agreed would go into effect
on that date will not go into effect until those negotiations are completed.
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 December 16, 2018, members of the Unit shall receive a six and eighty-eight one-
hundredths percent (6.88%) salary increase.
Effective the pay period which includes July 1, 2019, members of the Unit shall receive a three
percent (3.0%) salary increase.
For each classification represented by the Association, there is one range on the salary
schedule.
ARTICLE 8, SPECIAL COMPENSATION
8.1 Motor Officer
Officers shall receive compensation of five percent (5%) while assigned as Motor Officers. The
Police Department shall provide each Motor Officer with a helmet and jacket. The parties agree
that to the extent permitted by law, Motor Officer pay is special compensation and shall be
reported as such pursuant to Title 2 CCR, Section 571(a)(4) Motor Officer Pay.
In addition, Motor Officers will receive three (3) hours of pay per month at the rate of fifteen
dollars ($15) per hour for the off-duty responsibilities related to caring for their Motor Unit. The
parties acknowledge that the FLSA, which governs the entitlement to compensation for off-duty
motor duties, entitles the parties to agree to a reasonable number of hours per month for the
performance of off duty motor duties. The parties agree that the officers assigned to the Motor
Program may work up to three (3) hours per month on off duty activities related to their motor.
The hours derived at in this MOU were determined after an actual inquiry of the Officers
assigned as Motor Officers as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th
Cir. 2004). The parties also acknowledge that this pay is not compensation earnable and will
not be reported to CalPERS.
8.2 Canine Officer
Officers assigned to the Canine Program shall receive compensation of five percent (5%) while
assigned as Canine Officers. The City and Association understand and agree that the five
percent (5%) compensation paid to Canine Officers is intended to compensate Canine Officers
for their time on duty as Canine Officers. The parties agree that to the extent permitted by law,
Canine Officer pay is special compensation and shall be reported as such pursuant to Title 2
CCR, Section 571(a)(4) Canine Officer/Animal Premium.
In addition, Canine Officers will receive fifteen (15) hours of pay per month at the rate of fifteen
dollars ($15) per hour at time and one half for all off duty hours spent caring, grooming, feeding,
and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases
and rulings. The parties acknowledge that the FLSA, which governs the entitlement to
compensation for canine duties, entitles the parties to agree to a reasonable number of hours
per month for the performance of off duty canine duties. The parties agree that the officers
assigned to the Canine Program may work up to fifteen (15) hours per month in off duty
activities related to their Canine. The hours derived at in this MOU were determined after an
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actual inquiry of the Officers assigned in the Canine Program as addressed by Leever v. City of
Carson City, 360 F.3d 1014 (9th Cir. 2004). The parties also acknowledge that this pay is not
compensation earnable and will not be reported to CaIPERS.
It is the intent of the parties through the provisions of this article to fully comply with the
requirements of the FLSA. In addition, both parties believe that this article of the MOU does
comply with the requirements of the FLSA.
8.3 Field Training Officers
Field Training Officers (FTO) designated as such by the Chief of Police shall hold that position
for a period of four years. Officers designated FTO shall receive compensation of an additional
5% pay while assigned as Field Training Officers. Normally a FTO completing their four-year
period will not be eligible for reassignment as an FTO until they has been out of the program
for two years. Time requirements may be waived by the Chief of Police. Service time as an
FTO may be extended by the Chief of Police. Eligibility for reassignment as an FTO may be
waived. The Chief of Police shall determine the number of officers to be assigned as FTOs at
any given time, but not less than eight FTOs. The Police Chief may remove with cause an
officer from the duties of FTO.
The parties agree that to the extent permitted by law, Field Training Officer pay is special
compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4)
Training Premium.
8.4 Bilingual Pa
The parties agree that a minimum of twenty-one (21) officers shall be entitled to premium pay
of five percent (5%) over their regular base salary for their services as bilingual officers. The
City agrees that it will not bump out any of the employees receiving bilingual pay at the time of
approval of this 2018-2020 MOU for employees who are certified to receive bilingual pay in the
future by passing the examination to become eligible for bilingual pay.
In order to be eligible for bilingual pay, an officer must pass an examination to be developed
and administered by the City demonstrating fluency in reading, writing, and speaking the
desired second language. All employees receiving bilingual pay must pass the prescribed
examination every two years to continue to receive bilingual pay. An employee receiving the
pay who does not pass a recertification examination may be replaced by another employee
who has passed the examination. If there are no other employees who are certified to receive
bilingual pay, the employee may take another recertification examination after waiting at least
three (3) months after taking the recertification examination to which the employee did not
pass. The Human Resources Department will coordinate the recertification examination for
each employee receiving bilingual pay. 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.
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Any employees hired after July 1, 2018 who become eligible for bilingual pay shall receive two
hundred and fifty dollars ($250) per month for Bilingual Pay.
For any employees in the bargaining unit who receive bilingual pay, they must sign up to be
present at, and prepared to use their bilingual skills at one City Council meeting per year. On the
day of the Council meeting for which the employee signs up, they shall adjust their work schedule
that day by starting four hours later than their regular start time so that they can be present at the
Council meeting to utilize their bilingual skills.
The parties agree that to the extent permitted by law, Bilingual pay is special compensation and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.
ARTICLE 9, OVERTIME
9.1 Policy
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. Notwithstanding the work schedule utilized by the Department, the City has adopted the
28 day work period in accordance with Section 7(k) of the Fair Labor Standards Act. The City will
pay overtime as it has historically paid in excess of the requirements of the FLSA.
9.2 Right to Receive Overtime Pay or Compensatory Time Off
At the Police Chiefs discretion, employees eligible to receive overtime pay may be granted
compensatory time (off earned at time and one half) in lieu of overtime pay.
9.3 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 their designee may authorize overtime to
fill shift vacancies created by comp time off requests. There shall be no obligation to grant all
requests for time off should numerous requests be received simultaneously. The Department will
hire back up to two employees per shift as long as replacement officers can be hired. No officer
shall be compelled to work in order to grant another employee compensatory time off. The parties
agree that the policies set forth in this article are consistent with the law on use of compensatory
time off as set forth by the FLSA, its regulations and case law decided on this issue.
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9.4 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.
9.5 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 10, 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. Employees who are called in to work less than four (4) hours
prior to the start time of their regularly scheduled shift shall receive pay for the time actually
worked but shall not be entitled to the minimum guarantee of four(4) hours provided in this article.
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 11, 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 who is a classic member employee
per the Public Employees' Pension Reform Act of 2013 (PEPRA) "New members" as defined by
the PEPRA will not have the value of the uniforms reported as special compensation.
ARTICLE 12, MILEAGE REIMBURSEMENT
Members of the Police Safety Unit shall receive mileage reimbursement in accordance with
existing City policy, at the prevailing IRS rate.
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ARTICLE 13, PROBATIONARY PERIOD FOR POLICE OFFICERS
The parties agree that Section 11.2 of the City's Personnel Rules is incorporated herein. It
states:
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.
Effective July 1, 2018, the probationary period for the position of Police Officer if hired as a
lateral Police Officer as opposed to a new Police Officer whose first job as a Police Officer is
with the City of Palm Springs is twelve (12) months.
ARTICLE 14, CELL PHONE ALLOWANCE
Employees shall be provided a cell phone allowance of $50 per month. It is the policy of the
Department that each 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 15, COURT APPEARANCES
15.1 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.
15.2 Cancelled Subpoenas
If a subpoena of the type referred to in section 15.1, above, is cancelled twenty-four (24) hours or
more before the employee is scheduled to appear or by the end of the employee's last shift prior
to the scheduled appearance time, whichever is later, no payment shall be due to the employee.
If the subpoena is cancelled less than twenty-four hours prior to the scheduled appearance or
later than the end of the employee's last shift prior to the scheduled appearance time, whichever
is later, the employee shall be paid a cancellation fee of Fifty Dollars ($50.00). Employees are
required to call in to the court liaison officer or their backup to determine whether or not the
subpoena has been cancelled. If an employee fails to call in sufficient time to avoid a cancellation
fee, no fee shall be paid if the subpoena had in fact been cancelled and the information was
available from the liaison officer or their backup. Similarly, no court pay shall be paid under this
article if the employee failed to call in and the subpoena had in fact been cancelled.
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BENEFITS
ARTICLE 16, HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to Unit members. The amounts
provided by the City for health, dental and vision insurance for 2018 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 2016-2018 rates:
A. In 2016, the Blue Shield single party rate was $927.80.
B. In 2017, the rate increased by 4.75% to $971.87.
C. In 2017, the City paid the first 4% of the 4.75% increase = $37.11 of the $44.07increase
and the employee paid the remainder (the difference between 4% and 4.75% _ .75% of
the increase or $6.96). Thus, in 2017, the premium rate was $971.87and the City paid
$843.07+ $37.11 = $880.18and the employee paid $91.69.
D. In 2018, that same rate went up to $1,010.74. This was a 4.0% increase over the 2017
rate. The parties agree that it was the City's responsibility to pay the first 4% of the 2018
increase on top of the 2017 premium. Since the 2017 rate was $971.87, and 4% of that
amount $38.87, the City's additional increase for 2018 is $38.87 which is added to what it
was paying in 2017. $880.18+ $38.87= $919.05. The employee pays no increase for
2018 as the premium amount did not exceed the 4% that the City contributes.
Vision and Dental Insurance are calculated exactly the same way as described above for health
insurance.
16.1 Health, Dental and Vision Insurance
The City agrees to contribute up to the amounts below for calendar years 2018 and 2019 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, 2018
Type of Coverage Health Dental Vision
Single Party $919.05 $35.67 $13.42
Two-Party $1,764.10 $50.54 $13.42
Family $1,869.38 $74.33 $13.42
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City Contribution for 2019
Type of Coverage Health Dental Vision
Single Party $959.48 $35.67 $13.42
Two-Party $1,841.70 $50.54 $13.42
Family $1,951.62 $74.33 $13.42
The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and
vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership,
Proof of Domestic Partner Relationship as issued by a governmental agency, Statement of
Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner
Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City. The
City will use the same enrollment policies for domestic partnerships as are currently used for
traditional marriages or as provided by the requirements of the insurance carrier.
For medical coverage, if an employee elects to opt out of coverage offered by the City, they must
provide proof of "minimum essential coverage" (as defined by the Affordable Care Act) through
another source (other than coverage in the individual market, whether or not obtained through
Covered California).
16.2 Term Life Insurance
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to the employee.
16.3 IRS 125 Plan
The City agrees to provide an IRS 125 health reimbursement 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 17, 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 their own cost in the Association's health, hospitalization and drug coverage
plan. All employees who become eligible to receive Medicare must enroll in Medicare Part A
and B to remain eligible to receive the above contributions.
For all employees hired after October 20, 2005, there will be no City contribution for retiree
health benefits. The City will, however, make a $100.00 per month contribution to an employee
Retiree Health Savings Plan and the associated fixed dollar cost of administration.
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ARTICLE 18, RETIREMENT
18.1 Retirement Formula
Unit members (and not "new members as defined by the Public Employees' Pension Reform Act
of 2013 - PEPRA) hired prior to June 17, 2011 are covered by the 3% @ 50 formula provided for
by the Public Employees' Retirement Law at Government Code section 21362.2. These
employees' retirement will be calculated pursuant to the option-al 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 option-al benefit (in the City's contract
with CalPERS) of single highest twelve month period.
Unit members who are defined as "new members" under the PEPRA, are covered by the 2.7%
@ 57 formula provided for by the PEPRA at Government Code section 7522.25(d). These
employees' retirement will be calculated per the three year average final compensation as
provided for by the PEPRA.
18.2 Employee Contributions to the Retirement System
A. Employees subject to the 3%@50 and 3%@55 formula:
Employees in the Unit shall pay their nine percent (9%) member contribution.
These employees also pay an additional three percent (3%) of 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 2.7%@57 Formula— "New Members" as defined by PEPRA
Unit members who are defined as "new members" under the PEPRA, are covered by the
2.7%@ 57 formula provided for by the PEPRA at Government Code section 7522.25(d).
These employees' retirement will be calculated per the three year average final
compensation as provided for by the PEPRA per Government Code section 7522.32(a).
These employees shall pay the statutorily mandated employee contribution rate of one
half of the total normal cost as determined each year by CaIPERS.
18.3 Adoption of IRS Code Section 414(h)(2) Resolution
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The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code
section 414(h)(2) to ensure that the employees' payment (i.e., "pick up" as that term is used in
section 414(h)(2)) of their employee contribution is made on a pre-tax basis.
18.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:
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. 1959 Survivor Benefit Level 4— Government Code section 21574
E. Military Relocation Credit- Government Code section 21024
F. Final Compensation Period One Year - Government Code section 20042 for classic
members
G. 2% Cost of Living Allowance - Government Code section 21329
H. Prior Service - Government Code section 20055
ARTICLE 19, EDUCATIONAL REIMBURSEMENT
A member of the Unit shall receive educational reimbursement for courses either approved
through the Tuition Reimbursement Program as set forth in Personnel Rule 18.2 or for other
work-related courses approved in advance at the discretion of the Police Chief and the Human
Resources Director. The maximum reimbursement shall be as follows: No 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.
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WORK HOURS/LEAVE
ARTICLE 20, HOURS OF WORK
20.1 Work Week
The normal work week for full-time employees is forty (40) hours during the seven (7) day period
starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
20.2 Schedule - Specified, Non-Patrol 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. However, the regular scheduled hours of these employee will include
three (3) contiguous days off per week.
The parties also agree that employees in the unit assigned as Community Policing Officer patrol
duty may be assigned to work a 3/12 work schedule. A 3/12 work schedule is illustrated by
example as follows:
Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
Officer 1 12 12 12 8 Off Off Off 12 12 12 Off Off Off Off
Officer Off Off Off Off 12 12 12 Off Off Off 8 12 12 12
In this example, the unit member working the 3/12 work schedule shall not receive overtime
compensation for working their regularly scheduled hours because the workweek for purposes
of receiving MOU overtime shall begin exactly four hours after the start time of the eight hour
shift for each employee assigned that work schedule. Thus, the employee will be scheduled to
work 40 hours in that workweek.
If the City desires to modify an employee's 4/10 work schedule to a 3/12 work schedule (and
vice versa) the City shall provide the Association with at least 14 days' advanced notice. The
Association shall have the right to request to meet with the City to discuss any impacts it
believes the change in work schedule will have on any members of the unit.
The Police Chief has the discretion to have Police Officers (any of the three classifications of Police
Officers) assigned to the Palm Springs Airport and scheduled to work a schedule consisting of
three 12-hour shifts per week with an additional eight(8) hour shift every other week.
20.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee of hours of work per
day or per 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.
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20.4 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.
20.5 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.
ARTICLE 21, ANNUAL LEAVE
21.1 Definition
Annual leave is the period of approved absence with pay from regularly scheduled work that is
not properly chargeable to some other category of leave.
21.2 Annual Leave Accrued While on Sick Leave
Annual leave shall accrue while an employee is on approved sick leave or occupational sick
leave as provided in this MOU up to the maximum of four hundred (400) hours.
21.3 Annual Leave for Reinstated Employees (Employees Previously Employed by the City)
Notwithstanding other provisions of this MOU, for annual leave purposes only, reinstated
employees shall receive service credit for their prior regular (non-temporary) employment and
shall accrue annual leave commencing with the effective date of such reinstatement at the
current accrual rate applicable to the service credit they received.
21.4 Annual Leave General Provisions
Employees may utilize their annual leave at the discretion of the Police Chief. Annual leave
need only be used to cover shifts on regularly assigned days, not additional shifts. Annual leave
shall be paid at the employee's straight time hourly rate of pay in effect during the leave period.
21.5 Accrual Rates
Annual leave shall accrue and vest (and is thus, subject to cash out) on the basis of each full
month worked in accordance with the following schedule:
Years Of Service ours Accruedn Vested or
Each Full Month Worked
0 Through 5 8
6 Through 10 10
11 12.67
12 13.34
13 14
14 14.67
15 15.34
16 16
17 16.67
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Annual leave shall begin to accrue on the first day of the month following employment with the City.
21.6 Maximum Accrual
Annual leave shall accrue to a maximum of four hundred (400) hours. An employee whose
accrual is at 400 hours shall not accrue additional annual leave unless and until they use such
leave bringing his balance below 400 hours or cashes in such leave per article 21.7 of this MOU.
21.7 Annual Leave Cash-In
Until December 31, 2019, 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.
Effective for calendar year 2020 and every year thereafter: By December 15 (the first year
being 2019) of each year, employees may make an irrevocable election to cash out up to the
maximum number of hours of annual leave which they can accrue per year which will be earned
in the following calendar year (with a maximum of 160 hours) at the employee's base rate of
pay. In the following year, the employee can receive the cash for the annual leave they
irrevocably elected to cash out in either two (2) separate increments of up to half their annual
accrual cap (i.e., for those who accrue 13.34 hours per month - 160 hours per year, 80 hours
each) or one (1) increment of up the maximum they can accrue in a year.
The employee would be paid one half of what they irrevocably elect to cash out hours on both
the second pay day in July and the first pay day in December or the employee can elect to be
paid their full amount they elected to cash out on the first pay day in December. However, if the
employee's annual leave balance is less than the amount the employee elected to cash out (in
the prior calendar year) the employee will receive cash for the amount of leave the employee
has accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out annual leave in the following calendar
year and uses annual leave in that subsequent year, the annual leave used will come from
annual leave the employee had earned prior to January 1 of the year the employee has elected
to cash out annual leave. This is to ensure that assuming an employee had an annual leave
balance prior to January 1, the annual leave used will not result in a reduction in the amount of
annual leave the employee will be eligible to cash out.
21.8 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 22, 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.
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The parties agree that to the extent permitted by law, the compensation in this section is special
compensation for those employees who are normally required to work on an approved holiday
because they work in positions that require scheduled staffing without regard to holidays and
shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) holiday pay.
ARTICLE 23, SICK LEAVE AND LEAVE PURSUANT TO A WORKERS' COMPENSATION
INJURY OR ILLNESS
23.1 Industrial Leave
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 their normal salary and accrue other benefits in accordance with the provisions of Labor
Code Section 4850 and court interpretations of that law.
Any period of time during which an employee is required to be absent from their position by
reason of an industrial injury or industrial illness for which they are entitled to receive
compensation, shall not be considered a break in continuous service for the purpose of his/or
her right to salary adjustment or to the accrual of annual/sick leave and seniority.
23.2 Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or five hundred and twenty (520)
hours. Sick leave shall begin to accrue on the first day of the month following employment with
the City. Employees who accumulate over 520 sick leave hours will have an opportunity to cash
out the excess hours over the 520 sick leave hours twice per year on the last pay day of July
and the first pay day of December. Employees will have the option of depositing the excess
hours into their deferred compensation account or converting the excess hours to taxable cash
(as income). If an employee does not exercise the option to deposit the excess hours into their
deferred compensation account or convert it to taxable cash, the hours will be converted to cash
by the City. Thus, following the final pay day in December, unit members shall not have more
than 520 hours of accrued sick leave in their sick leave account.
23.3 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.
23.4 Disposition of Sick Leave Upon Retirement
Unless converted to service credit, unit members shall be paid for accrued, vested and unused
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sick leave and excess sick leave (having been accrued at that time of the year) upon a public
safety service or disability retirement. All unpaid accrued and vested sick leave of deceased
employees shall be paid to the estate of said deceased except as otherwise provided by law.
ARTICLE 24, REINSTATED EMPLOYEES
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.
ARTICLE 25, ADVANCED OFFICER TRAINING SCHEDULE
The Association agrees that City can change schedule three (3) times a year to accommodate
Advanced Officer Training Schedule. Each schedule change not to exceed fourteen (14) days.
If training occurs during Spring Break schedule, it will be considered Advanced Officer Training.
ARTICLE 26, DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief shall determine the number of officers to be assigned as detectives at any
given time and shall determine whether or not there is a continuing need to have any given
officer work as a detective.
ARTICLE 27, LIGHT DUTY ASSIGNMENTS
The City and the Association agree that the Police Chief shall have complete discretion to decide
whether or not light duty work can be made available to a Police Safety Unit member employee
who is unable to perform their regular duties due to a non-work related illness or injury.
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EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 28, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Exhibit B. The
parties acknowledge and agree that this topic is subject to meet and confer per the Meyers
Milias Brown Act.
ARTICLE 29, ANTI-NEPOTISM POLICY -
29.1
The PSPOA and the City agree that no persons related by blood may be employed in the Palm
Springs Police Department at the same time. Consistent with the definition for non-spouse
relatives in City Personnel Rule 9.4, related by blood shall include an employee's child, parent,
grandparent, brother, sister, grandchild, uncle, nephew, niece and first cousin. This Article does
not apply to sibling relationships or parent/child relationships if the sibling, parent or child is
within 24 months of normal retirement. Employees of the Palm Springs Police Department
employed prior to July 1, 1998 and related by blood to another employee of the Palm Springs
Police Department employee who was also employed prior to July 1, 1998, are exempted from
the above, but in no case shall any employee be supervised by a person related by blood.
29.2
Consistent with City Personnel Rule 9.4, the initial employment of persons related by marriage
to City employees will not be permitted within the Palm Springs Police Department unless
specifically approved by the City Manager.
A. They shall not work the same patrol hours. For purposes of this regulation, motors will be
viewed as a patrol assignment.
B. They shall not work on the same shift or any shift that overlaps with a shift that the other
spouse works.
C. They shall not work any overtime or contract overtime at the same time.
D. They shall not work any special assignments at the same time, including task forces.
E. They shall not supervise one another at any time.
F. They shall not be assigned to investigate one another or in any manner participate in an
investigation of an incident that involves a spouse, including but not limited to incidents
where the spouse is an investigator, subject, victim or witness in the incident.
Supervisors may make exceptions to A. through D. only in emergency situations.
ARTICLE 30, PROMOTIONAL PROCESS
Whenever there is a promotion to the position of Police Sergeant, a Rule of 5, i.e., the top five
candidates (assuming there are at least five) on the eligibility list in ranked order, shall be
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presented to the Police Chief for 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 31, WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS
All Police Safety Unit members, 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 32, WRITTEN REPORTS
A unit member has the right to have an attorney present when preparing a written incident report
for an officer-involved shooting. Such reports must be submitted to the watch commander or
designated supervisor within three working days of the incident.
The attorney must be present when the report is submitted, in the event that the reviewing
official needs further information.
ARTICLE 33, GRIEVANCE PROCEDURE
33.1 Definition of Grievance
A. A "Grievance" is a dispute of one or more employees or a dispute between one or more
employees involving the interpretation, application or enforcement of the provisions of the
MOU, or of the Personnel Rules and Regulations that are within the statutory scope of
representation, and for which there is no specific method of review provided by federal,
State or local law.
B. Personnel rules 4.3.3 or 7.7 are excluded from the grievance procedure as well as any
other rules as specified and complaints involving harassment shall be handled by a
separate procedure.
C. Release or lay-off of employees during an initial probationary period after hire,
reinstatement, or reemployment is not subject to the grievance procedure.
33.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, working days, further referred
to as "days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days,
currently Monday-Thursday, excluding holidays.
B. Initiation - A Unit employee must initiate the grievance within fifteen (15) days of the
occurrence of the event giving rise to the grievance or within fifteen (15) days after the
grievant should, with reasonable diligence, have had knowledge of such occurrence,
whichever is later.
C. Management Reply - Failure by management to reply to the employee's grievance within
the time limits specified under the grievance procedure shall automatically grant the
employee the right to process the grievance to the next level of review.
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D. Failure to Submit to Next Level - If a Unit employee fails to submit from one level to the
next level within the time limits and in the manner provided under the grievance
procedure, the grievance shall not be subject to further consideration and will be deemed
resolved.
E. Waiver by Mutual Agreement - Any level of review or any time limits established in the
procedure may be waived or extended by mutual agreement between the Unit employee
and management, which must be confirmed in writing.
F. Outside of Authority - If the supervisor, manager, or department head designated by the
grievance procedure below to receive the grievance determines that they do not have the
authority to resolve it, that supervisor, manager, or department head, shall so inform the
grievant and forward the grievance to the next higher level of supervision with authority to
resolve it, if applicable, or advise the grievant in writing they may continue to the next
level in the process.
33.3 Informal Resolution
A. The responsibility of a Unit employee with a bona fide grievance concerning terms and
conditions of employment is to promptly inform and discuss the grievance with the
department supervisor or designee in order to, in good faith, endeavor to resolve the
matter expeditiously and informally.
B. If such informal discussion does not resolve the grievance to the Unit employee's
satisfaction, such employee may file a formal grievance in accordance with the procedure
set forth in this section.
33.4 Procedure
A. The Unit employee shall provide the grievance in writing, with signature and date, and
submit it to their immediate supervisor within fifteen (15) days of the initial
commencement of the occurrence being grieved. The supervisor shall further consider
and discuss the grievance with the Unit employee and such employee's designated
representative as deemed appropriate, and shall, within fifteen (15) days of having
received the written grievance, submit a response thereto in writing to the employee and
the employee's representative, if applicable.
B. If the written response of the immediate supervisor does not result in a resolution of the
grievance, the Unit employee may further submit the grievance, by presenting a written
request, with date and signature, to the Unit employee's department head within seven
(7) days of the Unit employee's receipt of the supervisor's response. The department
head may investigate the grievance and may set a meeting with the Unit employee,
employee's designated representative, and other persons as deemed appropriate to
consider the grievance. Within thirty (30) days of receipt of the grievance by the
department head, the department head shall submit a response to the grievance to the
Unit employee and employee's representative, if applicable.
C. If the response by the department head, does not result in a resolution of the grievance,
the Unit employee may further submit the grievance, by presenting a written request, with
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date and signature to the Human Resources Director, for submission to the Office of the
City Manager, within seven (7) days of the unit employee's receipt of the department
head's response. The City Manager or designated representative, may set a meeting with
the Unit employee, employee's designated representative, and other persons as deemed
appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance
the City Manager or designated representative shall submit a response to the Unit
employee and employee's representative, if applicable.. The decision of the City Manager
Office is final and binding.
D. This grievance procedure is the sole and exclusive method for alleging a violation,
misinterpretation or misapplication of any provision of this MOU.
ARTICLE 34, DISCIPLINARY APPEALS PROCESS
Effective July 1, 2018, the parties agree that if an employee subject to discipline is entitled to
appeal that discipline per Personnel Rules 14 and 15, the appeal process provided by the
Personnel Rules (the Personnel Board) will no longer apply. Rather, the parties agree that
effective July 1, 2018, discipline which is subject to appeal may be appealed to a hearing
officer selected by the parties. The disciplinary appeals process is as follows:
34.1 Property Interest Discipline
A. Appeals Procedure
1. If an appeal of a dismissal, suspension, demotion or reduction in salary is filed with
the Director of Human Resources within ten (10) days of receipt of a written notice of
discipline, this process will be used which includes the use of a hearing officer.
2. The City and the employee or their representative may agree on the hearing officer. If
they cannot agree, the hearing officer shall be chosen from a panel of seven (7) hearing
officers from a list provided State Mediation and Conciliation Service. The parties shall
alternately strike names until one hearing officer remains. The parties shall flip a coin
with the winner of the coin flip getting to choose whether to strike the first name or the
second name. Names will be struck until the hearing officer is selected.
3. The hearing officer shall submit an advisory decision setting forth findings,
conclusions, and recommendations to the City Council.
B. Hearings
1. The hearing shall commence no more than ninety (90) calendar days from the date
the hearing officer is selected provided that the parties may agree to a longer period
to commence the hearing.
2. All disciplinary hearings shall be closed to the public unless the affected employee
requests that the hearing be open to the public.
3. The hearing need not be conducted in accordance with technical rules relating to
evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of
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evidence on which reasonable persons are accustomed to rely in the conduct of
serious affairs, regardless of the existence of any common law or statutory rule, which
might make improper admission of such evidence over objection in civil actions.
Hearsay evidence may be used for the purpose of supplementing or explaining any
direct evidence but shall not be sufficient in itself to support a finding unless it would
be admissible over objection in civil actions. The rules of privilege shall be effective to
the same extent that they are now or hereafter may be recognized in civil and criminal
actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing
officer shall not be bound by technical rules of evidence. The hearing officer shall rule
on the admission and exclusion of evidence.
4. Each party shall have these rights: to be represented by legal counsel or other
person of their choice; to call and examine witnesses; to introduce evidence; to cross-
examine opposing witnesses; to impeach any witness regardless of which party first
called the witness to testify; and to rebut the evidence against them. If the employee
appealing the discipline does not testify on their own behalf, they may be called and
examined as if under cross-examination. Oral evidence shall be taken only on oath or
affirmation. A court reporter will be engaged to record the hearing. The cost of the
reporter will be paid for by the City. However, if the employee wants to order a
transcript the City will not pay for the cost of that transcript. The cost of the hearing
officer will be paid for by the City.
5. The hearing shall proceed in the following order, unless the hearing otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed first in the hearing. If witnesses are called, the opposing
party shall have the right to cross-examine the witnesses on any matter relevant to
the issues, even though that matter was not covered on direct examination.
c. The parties may then, in order, respectively offer rebutting evidence only, unless
the hearing officer for good reason permits them to offer evidence upon their
original case.
d. Closing arguments and written briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of
testimony and evidence. The hearing officer shall base findings on the
preponderance of evidence. During the examination of a witness, all other
witnesses, except the parties, shall be excluded from the hearing unless the
hearing officer, for good cause, otherwise directs. The hearing officer, prior to or
during a hearing, may grant a continuance for any reason believed to be important
to reaching a fair and proper decision.
f. The hearing officer may recommend sustaining, rejecting or modifying the
disciplinary action but not increasing the proposed discipline.
6. The hearing officer's findings, conclusion and recommendations shall be filed with the
Director of Human Resources, who will forward them to the City Manager who then
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forward to the City Council. The City Council, in its sole discretion, may hear limited oral
arguments and/or request written statements from either party on the hearing officer's
advisory decision. The City Council shall inform the employee appealing the discipline of
its decision regarding the appeal within sixty (60) calendar days of the receipt of the
hearing officer's report. The City Council may sustain, reject or modify the findings of
the hearing officer but cannot increase the discipline proposed by the City. However,
the City Council may extend the time to issue its decision beyond the sixty (60) calendar
day period if it believes it is necessary. The decision of the City Council regarding the
appeal shall be the final step in the administrative appeal process. However, any
disciplinary action is deemed final as of the effective date. Copies of the City Council's
decision, including the hearing officer's report shall be filed where appropriate, including
the employee's personnel file. The City Council's decision is subject to review by a
superior court pursuant to Code of Civil Procedure Section 1094.6.
7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at
the request of either party, not less than ten (10) calendar days prior to the
commencement of the hearing; after commencement, subpoenas shall be issued only
at the discretion of the hearing officer.
8. The time limits specified at any step in this procedure may be extended or reduced by
written agreement of the employee or representative and the representative for the City.
34.2 Appeals Procedures for Punitive Action For Which There Is No Property Interest
A. Appeals Procedure:
In accordance with Government Code section 3304.5, the following procedure shall be
used if an employee is subject to punitive action which does not implicate a property
interest as defined by the Public Safety Officers Procedural Bill of Rights Act that does
not involve termination from employment, demotion, suspension or a reduction of pay.
1. Appeal to the Police Chief or Designee
a. An employee who receives notice of a punitive action shall be entitled to appeal the
action to the Police Chief prior to the effective date of the punitive action. The
appeal is an opportunity for the employee to present written material and arguments
why a punitive action should not occur or offer alternatives to the action.
b. Notice of Appeal: Within fourteen (14) calendar days of receipt by an employee of
notification of a punitive action, the employee shall notify the Police Chief in writing
of the intent to appeal the punitive action. The notice of appeal shall specify the
action being appealed and the substantive and procedural grounds for the appeal.
Nothing in this section shall limit the right of the Department to institute disciplinary
action, notwithstanding that an appeal may be pending.
2. Hearing
a. Hearing Officer: The Police Chief or designee shall act as the hearing officer. The
Police Chief shall have twenty (20) days from receipt of the request to schedule an
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appeal hearing. The hearing shall take place within ninety (90) calendar days of
the date the employee appealed the punitive action or such other time as may be
agreeable by the parties.
b. Burden of Proof:
(1) If the action being appealed does not involve allegations of misconduct (i.e.,
allegations that the officer has violated one or more federal, state, or local laws,
and/or City or Police Department regulations, procedures, or rules) the limited
purpose of the hearing shall be to provide the employee the opportunity to
establish a record of the circumstances surrounding the action. The City's
burden shall be satisfied if the City establishes that the action was reasonable,
even though reasonable persons might disagree about whether the action was
the best one under the circumstances.
For example, if the Police Department affected a non-disciplinary transfer of an
employee out of a premium pay assignment with the intent of affording other
employees the opportunity to work in the assignment, the decision would not
be subject to being overturned as long as it was reasonable, even if one or
more persons might disagree with the decision.
(2) If the punitive action involves charges of misconduct, (i.e., allegations that the
employee has violated one or more laws, regulations, procedures, or rules), the
City shall have the burden of proving by a preponderance of the evidence the
facts which form the basis for the charge of misconduct and the burden of
persuasion that the punitive action was reasonable under the circumstances.
For example, if an employee received a written reprimand for unauthorized
absence from work then the City would bear the burden of proving that the
employee was absent from work without authorization and that a written
reprimand was reasonable under the circumstances.
c. Conduct of Hearing:
The formal rules of evidence do not apply, although the Hearing Officer shall have
discretion to exclude evidence which is incompetent, not relevant or cumulative, or
the presentation of which will otherwise consume undue time. The rules of
privilege shall be observed.
(1) The parties may present arguments through documents and statements.
(2) If the punitive action being appealed is a written reprimand, the parties will not
be entitled to confront and cross-examine witnesses.
(3) Following the presentation of written material and statements, the involved
parties may submit closing arguments orally or in writing for consideration by
the hearing officer.
(4) Representation: The employee may be represented by an association
representative or attorney of their choice.
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d. Decision:
After the hearing, a decision will be submitted in writing within forty-five (45)
calendar days. The decision shall be served by first class mail, postage pre-paid,
upon the employee as well as any attorney or representative, shall be
accompanied by an affidavit or certificate of mailing, and shall advise the
employee that the time within which judicial review of the decision may be sought
is governed by Code of Civil Procedure § 1094.5.
ARTICLE 35, ASSOCIATION TIME
The Police Chief has the authority to grant the Association President, or their de-signee, time off
with pay to attend conferences or other events not to exceed forty (40) hours in a calendar year
(except as shall otherwise be provided by the Chief of Police).
The Association shall be provided with seven hundred and fifty (750) hours of paid release time
annually to be used by Association Board members to conduct union business. Board members
wishing to use this release time must seek approval from their supervisor in advance. Approval
will be granted if reasonable notice is provided to address the work load or any operations issues
caused by the Board member's absence. However, the Department, through its supervisors,
retains the discretion to deny a request to use such time for operational reasons but cannot and
will not act unreasonably in granting a request to use such time. This release time does not
accrue. Each January 1st there will be seven hundred and fifty (750) hours to be used for the
calendar year. If any of the 750 hours are not used, they do not carry over to the next year. The
POA President is responsible for keeping track of the hours used by the Association and will
inform the Human Resources Director each quarter of the hours used by the Board members.
ARTICLE 36, STRIKES AND WORK STOPPAGES
36.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that during the term of
this MOU, they will not cause or condone any strike, sympathy strike, walkout, slowdown, sick-out,
or any other unlawful job action or concerted activity by withholding or refusing to perform services.
Any employee who participates in any conduct prohibited in Article 36.1(A) above, may be
subject to suspension, demotion or dismissal by the City.
In addition to any other lawful remedies or disciplinary actions available to the City, if the
Association fails, in good faith, to perform all responsibilities listed below in Article 36.2,
Association Responsibility, the City may suspend any and all rights and privileges accorded to
the Association in this MOU, including but not limited to suspension of the Grievance Review
Procedure and dues deduction.
36.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in
any of the conduct prohibited in Article 36.1(A), Prohibited Conduct, the Association shall
immediately instruct any persons engaging in such conduct that their conduct is in violation of
this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited
in said Article 36.1(A) and return to work.
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ARTICLE 37, LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except that if a Police
Sergeant bumps to Police Officer as a result of layoffs, the "Classification Seniority" in the
position of Police Officer will be defined as the time in the classification of Police Officer plus the
time in classification of Police Sergeant. Where Personnel Rule 13.3 indicates that job
performance shall be considered, for members of the Police Safety Unit, an employee's final
ranking of the eligibility list for the position will be considered instead.
ARTICLE 38, CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities imposed by
law, the City of Palm Springs has and will retain the exclusive right to manage and direct the
performance of City services and the work force performing such services and therefore the
following matters shall be within the exclusive discretion of the City:
A. To determine issues of public policy;
B. To determine the merits, necessity, or organization of any service or activity conducted
by the City;
C. To determine and change the facilities, methods, means, and personnel by which City
operations are to be conducted;
D. To expand or diminish services;
E. To determine and change the number of locations, relocations, and types of operations
and the processes and materials to be employed in carrying out all City functions,
including but not limited to, the right to subcontract any work or operations;
F. To determine the size and composition of the work force, to assign work to employees in
accordance with requirements as determined by the City and to establish and change
work schedules and assignments, and to determine the days and hours when employees
shall work;
G. To relieve employees from duty because of lack of work or other non-disciplinary
reasons;
H. To discharge, suspend, or otherwise discipline employees for proper cause in
accordance with established personnel rules;
I. To determine job classifications;
J. To hire, transfer, promote, and demote employees for non-disciplinary reasons;
K. To determine policies, procedures and standards for selecting, training and promotion of
employees;
L. To establish employee performance standards including but not limited to, quality and
quantity standards;
M. To establish reasonable work and safety rules.
27
The City, in exercising these rights and functions, will not discriminate against any
employee because of membership or non-membership in any employee organization.
Except in emergencies, or where the City is required to make changes in its operations because
of the requirements of law, whenever the contemplated exercise of Management's rights shall
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.
ARTICLE 39, ASSOCIATION RIGHTS
A. Deduction of dues and/or Association sponsored programs.
B. The Association shall have the right to use a Police Department bulletin board for
communications with its members. Any communication shall be in accordance with
applicable ordinances, statutes and laws.
C. The Association shall have the right and responsibility to use and maintain the
"Officer/Employee of the Year Photo Display."
ARTICLE 40, MISCELLANEOUS PROVISIONS
The parties will try to work cooperatively when handling claims against police officers and the
City for the purpose having consistent positions to better handle such claims.
40.1 Joint Draftinq
Each party has cooperated in the drafting and preparation of this MOU. Hence, in any
construction to be made of this MOU, the same shall not be construed against any party.
40.2 Modification
This MOU may only be modified or amended by written agreement between the parties and
must be subsequently approved by resolution of City Council.
40.3 City Council Approval
The MERR and the Association have met and conferred in good faith on wages, hours, and
other terms and conditions of employment for the employees represented by the Association
and have reached agreements which are set forth in this MOU. This MOU constitutes a joint
recommendation by the MERR and the Association, after ratification of the Association's
membership, to be submitted to the City Council for its determination and approval by one or
more resolutions, as the City Council may deem fit and proper. This MOU is of no force or
effect unless or until ratified and approved by the City Council of the City.
40.4 Police Department Policy 700.00—Take Home Vehicles
This policy is attached and incorporated by reference into this Agreement as Exhibit A.
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EXHIBIT A - 700.00 TAKE HOME VEHICLES
POLICY
The City Manager shall authorize take home vehicles for patrol officers living within either the
Palm Springs city limits, or in certain instances, within 33 miles of the Palm Springs city limits as
determined by Google Maps or another map software agreeable to both parties. Motor Officers
will be eligible for a take home motorcycle.
Marked police vehicles will be assigned as take home vehicles by the Police Chief to sworn
officers who reside within the city limits of Palm Springs based upon vehicle availability and
seniority of the officer.
Marked vehicles may also be assigned to officers in critical assignments requiring an immediate
response. Critical assignments are described as sergeants, SRT, K-9 and Traffic. Unmarked
police vehicles will be assigned to sworn officers in Detective, Traffic (except Motor officers) and
administrative positions.
No officer will be eligible to participate in the take home program until they have successfully
completed their FTO training.
Notwithstanding any provision of this policy, the City of Palm Springs is only obligated to
purchase a maximum of five (5) new vehicles per year pursuant to this policy. This means that
if a unit member is unable to be provided a vehicle (because there are an insufficient number of
operable vehicles to provide a take home vehicle to every member of the unit who would qualify
for a vehicle) they will not be provided as such. In such case, the determination as to who will
qualify for a take home vehicle will be based on seniority.
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 of
Palm Springs city limits. A unit member who is assigned a take home car may use the car to
commute back and forth to work, including stopping on the normal route for personal purposes.
However, the take home car is not to be used as the unit member's personal car when not
commuting to or from work. This includes, but is not limited to, that the unit member is not to
use the car on days when they are not working as well as on work days if not commuting to or
from work. For unmarked vehicles, the unit member may transport members of their immediate
family in the unit if doing so during their normal commute to or from work.
Officers, who are assigned to attend training classes, responding to a City of Palm Springs job-
related court subpoena, or attending any other Department sanctioned event outside the city of
Palm Springs, may use their assigned vehicle to attend the event.
Officers who are not assigned a take home vehicle shall park their assigned vehicle at the police
department. Those officers have the option of responding to court or other department
sanctioned events outside the city of Palm Springs either from the department in their assigned
vehicle, or from their home, using their own vehicles and putting in for mileage reimbursement.
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DUTY TO RESPOND
Officers driving a take home vehicle may not ignore stranded or disabled motorists, traffic
collisions, or any hazardous conditions they observe. The officer must have the equipment
necessary to respond and shall activate the radio, notify Dispatch of the situation and take
action if deemed appropriate.
PARKING
Officers who are not assigned a take home vehicle shall park their assigned vehicle at the police
department or other City of Palm Springs facility as directed by the Chief of Police.
MAINTENANCE
It is the responsibility of the employees to keep their vehicles clean. The City's contract car wash
may be used as often as necessary to keep vehicles in a presentable condition.
It is the employee's responsibility to make their assigned vehicle available to the City Shop for
scheduled maintenance or when notified that additional service is required.
SUSPENSION OF PRIVILEGE
The take home privilege may be suspended if the officer has two or more preventable accidents
within a three-year period, or if they fail to follow the guidelines set forth in this policy.
30
EXHIBIT B - DRUG POLICY/DRUG SCREENING
The City of Palm Springs and the Association have a vital interest in maintaining safe, healthful
and efficient working conditions. Being under the influence of a drug or alcohol on the job may
pose serious safety and health risks not only to the user, but also to co- workers and the citizens
of Palm Springs. The possession, use or sale of an illegal drug or of alcohol on the job also poses
unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City
premises, at work locations, or while on duty or being compensated on an "on call status."
The City of Palm Springs and the Association recognize that their future is dependent on the
physical and psychological well-being of all employees. The City and the Association mutually
acknowledge that a drug and alcohol-free work environment benefits employees and citizens.
The purpose of this Article is to define the City's drug and alcohol policy as well as the possible
consequences of policy violation.
Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly
prohibited. This prohibition shall not apply to legitimate undercover activities of Police Officers
that are undertaken in accordance with the direction of the Police Department. Being under the
influence of drugs or alcohol shall mean having a blood alcohol content of .04% or higher and
having any residue or metabolite of illegal drugs in the body.
Section 2
When the City has a reasonable suspicion that an employee is, or may be, impaired or affected
on the job by alcohol or illegal drugs, or that alcohol or illegal drugs are, or may be, present in
an employee's body in violation of the rules set forth in this policy, the employee shall be
required to submit to an blood alcohol/drug screen test immediately upon demand by the City.
Reasonable suspicion of controlled substance or alcohol use may be based on
appropriate factors, including excessive absenteeism or attendance problems, poor work
performance or erratic, threatening or violent behavior coupled with other conditions, including
but no limited to the following: bloodshot or watery eyes, very large or very small pupils, runny
nose, excessive perspiration, nausea and vomiting, lack of coordination, slurred speech or
unpredictable responses to ordinary requests.
Refusal to submit to such a test amounts to insubordination and shall be sufficient grounds for
dismissal. Any employee failing such a test, or who tampers with the test specimen, shall be
subject to dismissal from the City.
Section 3
Any manager or supervisor requesting an employee to submit to a substance screening shall
document in writing the fact constituting reasonable suspicion and shall give the employee a
copy. This report must advise the employee of his right to representation. The employee shall
be given an opportunity to provide additional facts. An employee who is then ordered to submit
to a substance abuse screening may request to be represented. Because time is of the essence
in drug and alcohol screening, there shall be no delay in the testing process based on an
employee's request to be represented.
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Section 4
The supervisor, or designee, shall transport the suspected employee to the testing facility for a
blood test. Testing shall occur on City time and be paid for by the City.
Section 5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method. An
employee who tests positive on a confirmatory test will be given the opportunity to discuss the
results with a physician to be designated by the City. The employee should be prepared at that
time to show proof of any valid medical prescription for any detected substance or to otherwise
explain, if they so choose, a positive test result.
Section 6
While use of medically prescribed medications and drugs is not per se a violation of this policy,
this policy shall establish that no employee shall operate a City vehicle or dangerous machinery
or equipment while taking any kind of medication or drugs which are clearly marked that they
may cause significant drowsiness or impair an employee's performance. An employee shall
notify their supervisor, before beginning work, when taking such medications or drugs. In the
event there is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician designated
by the City may be required. The City reserves the right to send an employee home on sick
leave under these circumstances.
Section 7
Employees with substance abuse problems are encouraged to participate voluntarily in the City-
sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought
by an employee with complete confidentiality and without adverse consequences to their
employment. Employees should be aware, however, that a request for assistance through the
EAP would not insulate the employee from disciplinary action already contemplated based on
the employee's violation of this policy.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations, the City
may refer an employee to the EAP. Such referral could, at the discretion of the City, be made
available to the employee as an alternative to disciplinary action. Referral would be subject to
agreement by the employee to enroll, participate in and successfully complete a rehabilitation
and/or counseling program and other terms and conditions in a "Last Chance Agreement".
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EXHIBIT C — SENIOR POLICE OFFICER, MASTER POLICE OFFICER AND SERGEANT II
AND III QUALIFICATIONS
A Police Officer can be reclassified to the classifications of Senior Police Officer and Master
Officer and a Sergeant can be reclassified to the classifications of Sergeant II and Sergeant III
once the City certifies that the employee meets the minimum qualifications of the higher-level
classification.
The minimum qualifications for each classification are as follows:
Senior Police Officer
A. Current or previous service of a minimum of two (2) years of experience within the past
four (4) years as a Police Officer with a California law enforcement agency and have
successfully completed a POST approved patrol field-training program.
B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory
driving record
C. Possession of a California Intermediate P.O.S.T. Certificate or an approved California
Intermediate P.O.S.T certificate application verified by the Administrative Services
Sergeant of the Palm Springs Police Department
D. Possession of, or ability to obtain, an appropriate, valid C.P.R. Certificate.
Master Police Officer
A. Current or previous service of a minimum of three (3) years of experience within the past
five (5) years as a Police Officer with a California law enforcement agency and have
successfully completed a POST approved patrol field-training program.
B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory
driving record.
C. Possession of a California Advanced P.O.S.T. Certificate or an approved California
Advanced P.O.S.T certificate application verified by the Administrative Services Sergeant
of the Palm Springs Police Department.
D. Possession of, or ability to obtain, an appropriate, valid C.P.R. Certificate.
Police Sergeant II
A. A minimum of one (1) year of experience as a Police Sergeant with the City of Palm
Springs and currently on non-probationary status with the City of Palm Springs.
B. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory
driving record.
33
Police Sergeant III
A. A minimum of two (2)years of experience as a Police Sergeant with the City of Palm Springs.
B. A current performance evaluation in which the employee was rated overall satisfactory
or higher.
C. Possession of, or ability to obtain, an appropriate, valid driver license with a satisfactory
driving record.
D. Possession of a California Supervisory P.O.S.T. Certificate or an approved California
Supervisory P.O.S.T certificate application verified by the Administrative Services
Sergeant of the Palm Springs Police Department.
To request reclassification to the next classification level, an employee must be actively at work,
complete a Reclassification Request form (including supporting documentation of required
education or P.O.S.T Certification) and submit it for approval via the chain of command. If all
qualifications are met, the Police Chief will authorize the Professional Standards Unit to
generate a Personnel Action Form to initiate the reclassification.
The effective date of the reclassification is the beginning of the pay period after the Human
Resources Department receives and certifies the employee has met all of the eligibility
requirements. Upon reclassification, the employee will be placed at the same salary step as
they are currently (i.e. upon reclassification, a Police Officer at Step 4 will be placed at Senior
Police Officer Step 4). A reclassified employee will not be required to serve a new probationary
period and the employee's dates for performance evaluations and merit increases will remain on
the same schedule.
1
34
PALM SPRINGS POLICE OFFICERS' ASSOCIATION REPRESENTATIVE
Date:
By: wW)'10
Lead Negotiator, Wendell Phillips Signature
By: 5e- P P\ (2 <-- oel
POA President, Joseph Cook Signatur
By: c.lc,� �•,uLo^� i rs
POA Vice President, Michael Casavan Signatu
By:
Team Member, Lembit Kulbin Sig e
Team Membe , Jeffrey Burton ignature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date: �� �/
By: By:
City Manager Labor Attorney
Att t:
B : -ti By:
CI Director f Human Resources
Approved to form: Council Approval:
S. D ., yla`t°1
By: /,-,D ��� 5q.S A531W
Ci y A orney
35
t `\11 ;�
F,�,, -,-1 � .�
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t '�.:
PALM SPRINGS POLICE
OFFICERS' ASSOCIATION
( PSPOA)
PALM
A
H�APOk A�EO`
c'�ciFORN�P,.
MEMORANDUM OF
UNDERSTANDING
JULY 11 2014 - JUNE 30, 2018
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-Milias-Brown Act., Government Code Section
3500, et. seq., the City of Palm Springs (hereinafter called the "City") continues to
recognize the Palm Springs Police Officers' Association (herein called the "Association")
as the exclusively recognized employee organization for the employee unit of
representation known as the Police Safety Unit, which is comprised of all employees in
the Police Department 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
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
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 deter-
mine 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.
6
The number of officers may be increased upon request of the Chief of Police and
approval of the City Manager. In order to be eligible for such premium pay, an officer
must pass an examination to be developed and administered by the City
demonstrating fluency in reading and speaking the desired second language. The
Police Chief shall determine the language needs at time of reopening of position. In the
event that there are more qualified officers who apply for bilingual pay than the
maximum number of bilingual positions available, the selection of the officers receiving
such positions shall be based upon seniority. Any officer who accepts a bilingual
position shall be subject to scheduling at the discretion of the Police Chief and shall not
be entitled to remain a part of the regular shift rotation, but such bilingual officers shall
have a separate shift rotation by seniority among the bilingual officers.
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.
8
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
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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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 option-
al 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 option-
al 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
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.
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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
CItV)
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:
e a
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
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.
16
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.
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.
18
EMPLOYERIEMPLOYEE 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 parent/child
relationships if the sibling, parent or child is within 24 months of normal retirement.
Employees of the Palm Springs Police Department employed prior to July 1, 1998 and
related by blood to another employee of the Palm Springs Police Department employee
who was also employed prior to July 1, 1998, are exempted from the above, but in no
case shall any employee be supervised by a person related by blood.
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
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 Officers' Memorial Foundation.
22
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
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
33-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.
26
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.
28
PALM SPRINGS POLICE OFFICERS' ASSOCIATION REPRESENTATIVE
Date: Z—
By:
Lead Negotiator, Wendell Phillips Signature
By:
POA President, William Hutchinson Signature
By:
POA Vice President, Steven Grissom Signature
By: i,AZ c('
Team Member, Paul Abshire Signature
By: c �
Team Member, Eric Goya ignatur .
By: I+
Team Member, Lembit Kulbin Signa
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date:
City Manager Labor Attor ey
Attest:
By: By:
ity Clerk Dire: o of Human Resources
Approved 1��d
Council pproval:
APPROVED BY C"Y C01 MCIl.
City Atto ney
30
wo
PALM SPRINGS POLICE
OFFICERS' ASSOCIATION
( PSPOA)
OF ?ALM S,e
Z
PORAiEO
C'ql/FORN�P
MEMORANDUM OF
UNDERSTANDING
JULY 11 2012- JUNE 30, 2014
c Pw AC+
Palm Springs Police Officers Association (PSPOA)
Memorandum of Understanding
Table of Contents
By Article Number
3. ASSOCIATION RIGHTS................................................................................................................................3
4. HOURS OF WORK.........................................................................................................................................3
5. WAGES............................................................................................................................................................4
6. PROBATIONARY PERIOD FOR POLICE OFFICERS...............................................................................4
7. OVERTIME......................................................................................................................................................5
8. CALL BACK....................................................................................................................................................6
9. COURT APPEARANCES..............................................................................................................................6
10. PAYMENT IN LIEU OF HOLIDAYS............................................................................................................7
11. ANNUAL LEAVE..........................................................................................................................................7
12. SICK LEAVE.................................................................................................................................................9
13. MISCELLANEOUS PROVISIONS............................................................................................................10
14. FIELD TRAINING OFFICER......................................................................................................................12
15. DETECTIVES AND DETECTIVE SERGEANTS......................................................................................12
16. HEALTH, DENTAL,VISION AND OTHER INSURANCE.......................................................................12
16.4 IRS 125 PLAN..........................................................................................................................................14
17. DISCIPLINARY ACTION/GRIEVANCE PROCEDURE...........................................................................14
18. WRITTEN REPORTS.................................................................................................................................14
19. MILEAGE REIMBURSEMENT..................................................................................................................14
20. EDUCATIONAL REIMBURSEMENT........................................................................................................15
21.WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS............................................................15
22. REINSTATED OFFICERS.........................................................................................................................15
23. BILINGUAL PAY FOR SPANISH-SPEAKING OFFICERS....................................................................15
24. LIGHT DUTY ASSIGNMENTS..................................................................................................................16
25. DRUG POLICY/DRUG SCREENING........................................................................................................16
26.ASSOCIATION SPECIAL EVENT TIME..................................................................................................Is
27. FEDERAL AND STATE LAWS.................................................................................................................Is
28. STRIKES AND WORK STOPPAGES......................................................................................................18
29. SOLE AND ENTIRE AGREEMENT..........................................................................................................19
30. COMPLETION OF MEET AND CONFER PROCESS.............................................................................19
31. SEPARABILITY PROVISIONS.................................................................................................................20
32. LAYOFF AND RECALL.............................................................................................................................20
33.TERM OF AGREEMENT...........................................................................................................................20
34. RETIREMENT.............................................................................................................................................20
35. MCCANN PLAN TRAINING SCHEDULE................................................................................................21
36.ANTI-NEPOTISM POLICY.........................................................................................................................21
37. MISCELLANEOUS PROVISIONS............................................................................................................23
38. PROMOTIONAL PROCESS.......................................................................................................................23
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE MUNICIPAL
EMPLOYEE RELATIONS REPRESENTATIVE (MERR) REPRESENTING THE CITY OF
PALM SPRINGS AND THE PALM SPRINGS POLICE OFFICERS'ASSOCIATION
(PSPOA) REPRESENTING THE POLICE SAFETY UNIT
JULY 1, 2012 —JUNE 30, 2014
This Memorandum of Understanding ("MOU") is entered into with reference to the
following facts:
1. RECOGNITION
Pursuant to the provisions of the Meyers-Milias-Brown Act., Government Code Section
3500, et. seq., the City of Palm Springs (hereinafter called the "City") continues to
recognize the Palm Springs Police Officers' Association (herein called the "Association")
as the exclusive 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).
2. CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities imposed
by law, the City of Palm Springs has and will retain the exclusive right to manage and
direct the performance of City services and the work force performing such services and
therefore the following matters shall be within the exclusive discretion of the City:
2.1
To determine issues of public policy;
2.2
To determine the merits, necessity, or organization of any service or activity conducted by
the City;
2.3
To determine and change the facilities, methods, means, and personnel by which City
operations are to be conducted;
2.4
To expand or diminish services;
1
2.5
To determine and change the number of locations, relocations, and types of operations
and the processes and materials to be employed in carrying out all City functions,
including but not limited to, the right to subcontract any work or operations;
2.6
To determine the size and composition of the work force, to assign work to employees in
accordance with requirements as determined by the City and to establish and change
work schedules and assignments, and to determine the days and hours when employees
shall work;
2.7
To relieve employees from duty because of lack of work or other non-disciplinary reasons;
2.8
To discharge, suspend, or otherwise discipline employees for proper cause in accordance
with established personnel rules;
2.9
To determine job classifications;
2.10
To hire, transfer, promote, and demote employees for non-disciplinary reasons;
2.11
To determine policies, procedures and standards for selecting, training and promotion of
employees;
2.12
To establish employee performance standards including but not limited to, quality and
quantity standards;
2.13
To establish reasonable work and safety rules.
2
2.14
The City, in exercising these rights and functions, will not discriminate against any
employee because of membership or non-membership in any employee organization.
2.15
Except in emergencies, or where the City is required to make changes in its operations
because of the requirements of law, whenever the contemplated exercise of
Management's rights shall impact on a significant number of 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.
3. ASSOCIATION RIGHTS
3.1
Deduction of dues and/or Association sponsored programs.
3.2
The Association shall have the right to use a Police Department bulletin board for
communications with its members. Any communication shall be in accordance with
applicable ordinances, statutes and laws.
3.3
The Association shall have the right and responsibility to use and maintain the
"Officer/Employee of the Year Photo Display."
4. HOURS OF WORK
4.1 Work Week
The normal work week for full-time employees is forty(40) hours consisting of five (5) eight
(8) hour or four(4) ten (10) hour work days during the seven (7) day period starting 12:01
a.m. Sunday and ending 12:00 midnight of the following Saturday.
4.2 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)
3
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.
4.3 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.
4.4 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. Police Safety Unit employees agree to mutually
develop a shift selection procedure with the Chief of Police to be incorporated into this
MOU.
4.5 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.
5. WAGES
Effective January 1, 2013 - employees shall receive a two and one half percent(2.5%)
salary increase.
6. PROBATIONARY PERIOD FOR POLICE OFFICERS
This MOU includes and incorporates by reference herein Section 11.2 of the City's
Personnel Rules which states :
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
4
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.
7. OVERTIME
7.1 Policy
Police Safety Unit members are eligible to receive overtime pay or compensatory time, but
they shall not work overtime unless authorized in advance to do so by the Police Chief or
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 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.
7.2 Eligible Emplovees
At the Police Chiefs discretion, employees eligible to receive overtime pay may be granted
compensatory time in lieu of overtime pay up to the maximum accrual of 160 hours of
compensatory time off.
7.3 Using Compensatory Time
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 section 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,
7.4 Maximum Accumulation
No Police Safety Unit employee shall accumulate compensatory time 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 work overtime until the employee's accumulation has been reduced below 160
hours.
5
7.5 Using Compensatory Time for Paid Sick Leave
Compensatory time may be used for paid sick leave purposes only if an employee has
exhausted all accrued paid sick leave, has requested the use of compensatory time, has
received the approval of the Police Chief, and has such compensatory time available for
use .
8. CALL BACK
8.1 Call Back Pav
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 less than four
(4) hours early for his regularly scheduled shift shall receive pay for the time actually
worked but shall not be entitled to a minimum guarantee of four (4) hours pay or four (4)
hours of compensatory time.
8.2
Police Safety Unit employees called out or called back shall be paid for actual travel time
not exceeding one-half(1/2) hour which is included in the four(4) hour minimum.
9. COURT APPEARANCES
9.1 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 days appearance at one and one-half(1-1/2) times the officer's
regular hourly rate of pay.
9.2
If a subpoena of the type referred to in section 9.1, 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
6
from the liaison officer or his/her backup. Similarly, no court pay shall be paid under
section employee failed to call in and the subpoena had in fact been cancelled.
10. 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.
11. ANNUAL LEAVE
11.1 Definition
Annual leave is the period of approved absence with pay from regularly scheduled work
that is not properly chargeable to some other category of leave.
11.2 Annual Leave Accrued While on Sick Leave
Annual leave shall accrue while an employee is on approved sick leave or occupational
sick leave as provided in this MOU up to the maximum of four hundred (400) hours.
11.3 Annual Leave for Reinstated Employees
Notwithstanding other provisions of this MOU, for annual leave purposes only, eligible
reinstated employees shall receive service credit for the most recent prior regular
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.
11.4 Annual Leave General Provisions
The time when annual leave may be taken will be at the discretion of the Police Chief. For
purposes of computing annual leave usage, regularly assigned days off shall not be
counted as "working days." Annual leave shall be paid at the employee's straight time
hourly rate of pay in effect during the leave period.
11.5 Accrual Rates
For members the Police Safety Unit, annual leave shall accrue and vest on the basis of
each full month worked in accordance with the following schedule:
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MONOMMONIM HIMINNERWOM
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
11.6 Vesting of Annual Leave for Employees Hired After July 1 1979
An employee hired on or after July 1, 1979, shall accrue the first year's annual leave on
the anniversary of the individual's most recent hire date and there shall be no pro-ration
whatsoever of annual leave accrual for that year. After the first anniversary of the
individual's most recent hire date, annual leave shall be accrued on the basis of each full
month worked. No annual leave shall vest for these employees until it is accrued as
provided for in this Subsection.
11.7 Maximum Accrual
Annual leave shall accrue to a maximum of four hundred (400) hours.
11.8 Annual Leave Cash-In
Employees in the Police Safety unit who use at least eighty(80) hours of annual leave per
year may request payment for up to a total of 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.
11.9 Disposition of Annual Leave Upon Separation
Upon termination, all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of deceased
employees shall be paid to the estate of said deceased except as otherwise provided by
law.
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12. SICK LEAVE AND LEAVE PURSUANT TO A WORKERS' COMPENSATION
INJURY OR ILLNESS
12.1
Police Safety Unit member covered by the provisions of Labor Code Section 4850 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.
12.2
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 vacation/sick leave and
seniority.
12.3 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 to Deferred Comp or convert the excess hours to
cash.
Commencing January 1, 2007, PSPOA Members with accrued unused sick leave in
excess of the new 520 hour annual sick leave accrual cap will have all hours in excess of
520 placed into a special excess sick leave bank that will exist for four years. During the
four years employees can draw against or cash out on a semi-annual basis as set forth
below from this special excess sick leave bank until all hours are exhausted. If the
special excess sick leave bank is not exhausted by December 20, 2012, the City will cash
out and eliminate the special leave bank
12.4 Accrual Rates
Full-time employees shall for the first twelve (12) months of continuous service 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.
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After completion of twelve (12) months of continuous service, full-time employees shall
earn 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.
12.5 Eligible to Use
Police Safety Unit employees are eligible to use accrued sick leave upon completion of six
(6) continuous months of service with the City of Palm Springs.
12.6 Disposition of Sick Leave Upon Separation
Police safety employees shall be paid for accrued, vested and unused sick leave and
excess sick leave 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.
13. MISCELLANEOUS PROVISIONS
13.1 Uniform and Safety Equipment
The City agrees to continue paying a uniform and safety equipment allowance to each
Police Safety 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 afore-
stated allowance. In consideration of the City's agreement to pay said allowance, the
PSPOA agrees not to commence during the effective period of this MOU, any litigation or
other proceeding in which it is contended the City is failing to comply with a legal obligation
to provide safety equipment.
13.2 Cell Phone Allowance
Effective July 1, 2013 employees shall be provided a cell phone allowance of $50 per
month.
It is the policy of the Palm Springs Police Department that each Police Safety Unit
member will be required to have a cellular telephone for official Department business
use. These eligible employees shall provide the Department with their cell phone
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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.
13.3 Master, Senior Police Officer and Sergeant Pay Provision
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.
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.
Police Sergeant II: To qualify for this additional title and a 5% pay increment, Police
Safety Unit members must have a Bachelors 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 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.
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 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.
13.4 Motor Officer and Canine Officer Pay Provision
Motor Officer: Officers assigned to Motors shall receive compensation of an additional
five percent (5%) while assigned as Motor Officers. The Police Department to provide the
helmet and jacket. The 5% compensation is intended to compensate the employees for
any off duty time spent caring for the Motor Unit.
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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 (9" Cir. 2004).
It is the intent of the parties through the provisions of this section to fully comply with the
requirements of the FLSA In addition, both parties believe that this section of the MOU
does comply with the requirements of the FLSA.
14. FIELD TRAINING OFFICER
Beginning 1/1/97, Field Training Officers (FTO) designated as such by the Chief of Police
shall hold that position for a period of four years. Officers designated FTO shall receive
compensation of an additional 5% pay while assigned as Field Training Officers. Normally
a FTO completing his/her four-year period will not be eligible for reassignment as an FTO
until he/she has been out of the program for two years. Time requirements may be waived
by the Chief of Police. Service time as an FTO may be extended by the Chief of Police.
Eligibility for reassignment as an FTO may be waived. The Chief of Police shall determine
the number of officers to be assigned as 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.
15. DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief may remove with cause an officer from the duties of detective. The
Police Chief shall determine the number of officers to be assigned as detectives at any
given time and shall determine whether or not there is a continuing need to have any given
officer work as a detective.
16. HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to Police Safety unit members.
The amounts provided by the City for health, dental and vision insurance for 2012 are set
forth below. For calendar year 2013, in the event that the premium charges for the health,
dental or vision benefits exceed the total premium costs (for 2012) by 4% or more the
amount of the excess shall be paid by the Police Safety Unit member through a payroll
deduction. The maximum contribution rate for these benefits paid for by the City for 2013
will be the 2012 rates (as set forth below for each benefit) plus 4%. For calendar year
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2014, the City will pay up to a 4% increase above the 2013 premium rates. Each
calendar year thereafter, the maximum contribution rate for that year will be calculated in
the same manner.
16.1 Health. Dental and Vision Insurance—Current Employees
The City agrees to contribute up to the amounts below for calendar year 2012 for Police
Safety Unit members toward Health (including hospitalization, drug coverage through such
program(s) as shall be designated by the Association and approved by the City Council),
Dental and Vision insurance. Unit members will sign verification of dependent eligibility
annually at open enrollment.
January 1, 2012
Single Party $720.26 $33.43 $12.41
Two-Party $1382.52 $45.84 $12.41
Family $1465.02 $66.01 $12.41
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.
16.2 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 years of
City service, and 100% payment for retirees coverage upon completion of 25 years of City
service. In the event of the employee's death, the City's contribution will end. The
surviving spouse may remain on the plan as a retiree without a City contribution to the
premium. Retired employees who have not completed 20 years of City service shall be
entitled to participate at his/her own cost in the Association's health, hospitalization and
drug coverage plan.
For all new 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.
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16.3 Term Life Insurance
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to the
employee.
16.4 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
17. 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:
Effective August 1, 1992, a Police Safety Unit Employee grieving a Letter of Reprimand
shall, before the City Manager issues a final determination, have a grievance on a Letter of
Reprimand heard before a hearing officer or a committee, as provided for above, unless
the officer waives his or her right to said hearing.
18. WRITTEN REPORTS
An officer has the right to have an attorney present when preparing a written incident
report for an officer-involved shooting. Such reports must be submitted to the watch
commander or designated supervisor within three working days of the incident.
The attorney must be present when the report is submitted, in the event that the reviewing
official needs further information.
This policy is subject to current review by the parties, and the parties agree to reopen the
MOU to discuss modification or deletion of same.
19. MILEAGE REIMBURSEMENT
Members of the Police Safety Unit shall receive mileage reimbursement in accordance
with existing City policy, at the prevailing IRS rate.
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20. EDUCATIONAL REIMBURSEMENT
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 in the discretion of the
Department Head and the Personnel Officer.
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.
21. 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.
22. REINSTATED OFFICERS
An officer who leaves employment with the City and returns to work the Police Safety Unit
within one (1) year thereafter shall be treated in all respects as a new employee with
respect to shift assignments, scheduling of vacations and days off and with respect to
promotions. Benefit accruals for such reinstated officers shall be governed by the existing
benefit accrual rules.
23. BILINGUAL PAY FOR SPANISH-SPEAKING OFFICERS
The City shall implement a bilingual pay program under which 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 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.
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24. 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.
25. 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 Citys drug and alcohol policy as
well as the possible consequences of policy violation.
25.1
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.
25.2
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
16
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.
25.3
Any manager or supervisor requesting an employee to submit to a substance screening
shall document in writing the fact constituting reasonable suspicion and shall give the
employee a copy. This report must advise the employee of his right to representation. The
employee shall be given an opportunity to provide additional facts. An employee who is
then ordered to submit to a substance abuse screening may request to be represented.
Because time is of the essence in drug and alcohol screening, there shall be no delay in
the testing process based on an employee's request to be represented.
25.4
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.
25.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should be
prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if he or she so chooses, a positive test result.
25.6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or
dangerous machinery or equipment while taking any kind of medication or drugs which are
clearly marked that they may cause significant drowsiness or impair an employee's
performance. An employee shall notify his/her supervisor, before beginning work, when
taking such medications or drugs. In the event there is a question regarding an employee's
ability to safely and effectively perform assigned duties while using such medications or
drugs, clearance from a physician designated by the City may be required. The City
reserves the right to send an employee home on sick leave under these circumstances.
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25.7
Employees with substance abuse problems are encouraged to participate voluntarily in the
City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may
be sought by an employee with complete confidentiality and without adverse
consequences to his/her employment. Employees should be aware, however, that a
request for assistance through the EAP would not insulate the employee from disciplinary
action already contemplated 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", an exemplar copy of which is attached hereto
as Exhibit"A".
26. ASSOCIATION SPECIAL EVENT 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).
27. 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. The parties to this MOU agree to comply with the provisions of the
Americans with Disabilities Act and the Family Rights Act.
28. STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
28.1.1
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.
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28.1.2
Any employee who participates in any conduct prohibited in Sub-Section 28.1.1 above,
shall be subject to suspension, demotion or dismissal by the City.
28.1.3
In addition to any other lawful remedies or disciplinary actions available to the City, if the
Association fails, in good faith, to perform all responsibilities listed below in Section 28.2,
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.
28.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage
in any of the conduct prohibited in Section 28.1 of this Article, Prohibited Conduct, the
Association shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this Agreement and unlawful, and they must immediately cease
engaging in conduct prohibited in said Section 28.1 and return to work.
29. 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.
30. 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
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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 parry.
31. 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.
32. 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.
33. TERM OF AGREEMENT
The term of this MOU shall be from July 1, 2012 through June 30, 2014.
34. RETIREMENT
34.1 Public Employees' Retirement System
For employees hired prior to approval of this MOU by the City Council he City shall pay
each Police Safety Unit member's contribution to the Public Employees' Retirement
System (PERS). Said payment made by the City shall be for the employee's contributions,
not to exceed nine percent (9%).
Such payments are made in accordance with the provisions of the Internal Revenue Code,
Section 414 (h) (2), and pursuant to California Government Code Section 20615.
The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at no
additional cost to the employee.
The City agrees to contract with PERS for the 3% @ 50 Safety formula for members of the
Police Safety Unit hired prior to June 17, 2011.
For Unit employees hired after June 17, 2011, such employees will be provided with the
3% @ 55 benefit under the Public Employees' Retirement System.
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For employees hired after approval of this agreement by the City Council who are new
employees to the City but who are not new members (as defined by the Pension
Reform Act of 2013)to PERS, they shall pay their 9% employee PERS contributions for
five years or as otherwise provided by agreement.
34.2 Pension Reform Act— Effective January 1, 2013
The parties agree that the provisions of AB 340 (The California Pension Reform Act of
2013) will go into effect on January 1, 2013. If there is any other clean up or other
retirement legislation which goes into effect during this MOU and if there are provisions
of that legislation which automatically goes into effect during the term of an MOU it will
go into effect. Either party may request to negotiate over the impact of such
subsequent legislation.
For "new members" (as defined by the Act) who are employees hired after January 1,
2013, they will be hired pursuant to the 2.7% @ 57 retirement formula.
For "new members" (as defined by the Act) who are employees hired after January 1,
2013, final compensation will be based on the highest annual average compensation
eamable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement.
Employer Paid Member Contribution - Effective January 1, 2013, unit members defined
as "new members" (as defined by the Act) hired after January 1, 2013 will pay the
higher of nine percent (9%) or one half the total normal cost (up to a maximum of twelve
percent (12%) as determined by CalPERS as their employee retirement contribution.
35. 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.
36. ANTI-NEPOTISM POLICY
36.1
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 section does not apply to sibling relationships or parent/child relationships if
the sibling, parent or child is within 24 months of normal retirement. Employees of the
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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.
36.2
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.
36.2.1
They shall not work the same patrol hours. For purposes of this regulation, motors will be
Viewed as a patrol assignment.
36.2.2
They shall not work on the same shift or any shift that overlaps with a shift that the other
spouse works.
36.2.3
They shall not work any overtime or contract overtime at the same time.
36.2.4
They shall not work any special assignments at the same time, including task forces.
36.2.5
They shall not supervise one another at any time.
36.2.6
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.
36.2.7
Supervisors may make exceptions to 36.2.1 through 36.2.4 only in emergency situations.
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37. MISCELLANEOUS PROVISIONS
37.1 Claims Against Police Officers
The parties agree that they will continue discussion and reach agreement before the end
of this agreement concerning the procedures to be utilized between the City's attorneys
and the Association's attorney when handling claims against police officers and the City for
the purpose of having consistent positions to better handle such claims.
37.2 Joint Drafting
Each parry 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.
37.3 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.
37.4 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.
37.5 Police Department Policy 700.00—Take Home Vehicles
This policy is attached and incorporated by reference into this Agreement.
38. 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.
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PALM SPRINGS POLICE OFFICERS' ASSOCIATION REPRESENTATIVE
Date:
By: L—
PSPOA President Signature
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
Date:
7By:By: City Manager
By:
City Labo rney Director f f Human Resources
Attest:
By: Council Approval:
Clerk
APPROVED BY CITY COUNCIL
Approve t m:
By:
City orney
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TAKE HOME VEHICLES
POLICY
The City Manager shall authorize take home vehicles for patrol officers living within
either the Palm Springs city limits, or in certain instances, within 30 miles of the Palm
Springs city limits. The policy in effect on October 27, 2010, shall remain in effect until
June 30, 2014. This means that the City has no obligation to purchase new cars for
purposes of providing a car pursuant to this policy. However, effective July 1, 2014,
only the following employees will be eligible for a take home car. Officers living within
the Palm Springs City limits and K-9 Officers. Motor Officers will be eligible for a take
home motorcycle.
Marked police vehicles will be assigned as take home vehicles to sworn officers who
reside within the city_limits_of Palm-Springs based upon vehicle availability and seniority
of the officer.
Marked vehicles may also be assigned to officers in critical assignments requiring an
immediate response. Critical assignments are described as sergeants, SRT, K-9 and
Motors. Unmarked police vehicles will be assigned to swom officers in Detective, Traffic
(except Motor officers) and administrative positions.
No officer will be eligible to participate in the take home program until they have
successfully completed their FTO training.
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 30-mile radius of the
city limits of the City of Palm Springs. Effective July 1, 2014, such vehicles shall be
restricted to the city limits of Palm Springs, except for Canine Officers who reside
outside of the City limits (for cars) and Motor Officers who live outside the City limits (for
motorcycles).
Officers, who are assigned to attend training classes, responding to a City of Palm
Springs job-related court subpoena, or attending any other Department sanctioned
event outside the city of Palm Springs, may use their assigned vehicle to attend the
event.
Officers who are not assigned a take home vehicle shall park their assigned vehicle at
the police department. Those officers have the option of responding to court or other
department sanctioned events outside the city of Palm Springs either from the
department in their assigned vehicle, or from their home, using their own vehicles and
putting in for mileage reimbursement.
DUTY TO RESPOND
Officers driving a take home vehicle may not ignore stranded or disabled motorists,
traffic collisions, or any hazardous conditions they observe. The officer must have the
equipment necessary to respond and shall activate the radio, notify Dispatch of the
situation and take action if deemed appropriate.
PARKING
Officers who are not assigned a take home vehicle shall park their assigned vehicle at
the police department or other City of Palm Springs facility as directed by the Chief of
Police.
MAINTENANCE
It is the responsibility of the employees to keep their vehicles clean. The Citys contract
car wash may be used as often as necessary to keep vehicles in a presentable
condition.
It is the employee's responsibility to make their assigned vehicle available to the City
Shop for scheduled maintenance or when notified that additional service is required.
SUSPENSION OF PRIVILEGE
The take home privilege may be suspended if the officer has two or more preventable
accidents within a three-year period, or if they fail to follow the guidelines set forth in
this policy.
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE MUNICIPAL
EMPLOYEE RELATIONS REPRESENTATIVE (MERR) REPRESENTING THE CITY OF
PALM SPRINGS AND THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION
(PSPOA) REPRESENTING THE POLICE SAFETY UNIT
JULY 1, 2010—JUNE 30, 2012
This Memorandum of Understanding ("MOU") is entered into with reference to the
following facts:
ARTICLE 1 - RECOGNITION
Pursuant to the provisions of the Meyers-Milias-Brown Act., Government Code
Section 3500, et. seq., the City of Palm Springs (hereinafter called the "City")
continues to recognize the Palm Springs Police Officers' Association (herein called
the "Association") as the exclusive 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 2 - CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities
imposed by law, the City of Palm Springs has and will retain the exclusive right to
manage and direct the performance of City services and the work force performing
such services and therefore the following matters shall be within the exclusive
discretion of the City:
2.1
To determine issues of public policy;
2.2
To determine the merits, necessity, or organization of any service or activity
conducted by the City;
2.3
To determine and change the facilities, methods, means, and personnel by which
City operations are to be conducted;
2.4
To expand or diminish services;
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2.5
To determine and change the number of locations, relocations, and types of
operations and the processes and materials to be employed in carrying out all City
functions, including but not limited to, the right to subcontract any work or
operations;
2.6
To determine the size and composition of the work force, to assign work to
employees in accordance with requirements as determined by the City and to
establish and change work schedules and assignments, and to determine the days
and hours when employees shall work;
2.7
To relieve employees from duty because of lack of work or other non-disciplinary
reasons;
2.8
To discharge, suspend, or otherwise discipline employees for proper cause in
accordance with established personnel rules;
2.9
To determine job classifications;
2.10
To hire, transfer, promote, and demote employees for non-disciplinary reasons;
2.11
To determine policies, procedures and standards for selecting, training and
promotion of employees;
2.12
To establish employee performance standards including but not limited to, quality
and quantity standards;
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2.13
To establish reasonable work and safety rules.
2.14
The City, in exercising these rights and functions, will not discriminate against any
employee because of membership or non-membership in any employee
organization.
2.15
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a significant number of 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.
ARTICLE 3 -ASSOCIATION RIGHTS
3.1
Deduction of dues and/or Association sponsored programs.
3.2
The Association shall have the right to use a Police Department bulletin board for
communications with its members. Any communication shall be in accordance with
applicable ordinances, statutes and laws.
3.3
The Association shall have the right and responsibility to use and maintain the
"Officer/Employee of the Year Photo Display."
ARTICLE 4 - HOURS OF WORK
4.1 Furloughs
Notwithstanding any other provision in this Article and Article 7 effective November
28, 2010, until the last day of a pay period which ends in June 2012, June 23, 2012,
employees shall work 76 hours during the two week pay period. This five percent
(5%) reduction in the number of hours worked is a furlough to reduce labor costs to
3
the City. Work schedules during the furloughs will be determined by the Police
Chief in consultation with the Association.
During the term of the furlough, the City Council may eliminate or reduce the
furlough by giving the POA advance notice of at least one pay period.
4.2 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.
4.3 Schedule - Specified. Non-Patrol Safety Unit Members
For the term of this MOU, 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.
4.4 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.
4.5 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. Police Safety Unit employees
agree to mutually develop a shift selection procedure with the Chief of Police to be
incorporated into this MOU.
4
4.6 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.
ARTICLE 5 -WAGES
07-01-10 (0%) No increase to base salaries for the term of the contract.
ARTICLE 6 - PROBATIONARY PERIOD FOR POLICE OFFICERS
This MOU includes and incorporates by reference herein Section 11.2 of the City's
Personnel Rules which have been amended as follows:
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 7 - OVERTIME
7.1 Policy
Police Safety Unit members are eligible to receive overtime pay or compensatory
time, but they shall not work overtime unless authorized in advance to do so by the
Police Chief or an appropriate authorized supervisor. The Police Chief shall be
responsible for keeping accurate records of all overtime worked by employees. The
City agrees to increase the minimum hourly requirements for contract overtime from
three (3) to four (4) hours.
7.2 Police Safety Unit
During the term of this MOU, while the furlough work schedule described in Article
4.1 is in effect, overtime shall be earned by members of the Police Safety Unit who
work more than eighty (80) hours over the two-week pay period. For overtime
computation, hours worked are to include any leave of absence with pay.
5
When furloughs are not in effect, members of the Police Safety Unit shall be
compensated for overtime worked at a rate of fifty percent (50%) above the
employee's regular hourly rate of pay for the time worked in excess of forty (40)
hours per work week. For overtime computation, the forty hours worked are to
include any leave of absence with pay.
7.3 Eligible Employees
At the Police Chiefs discretion, employees eligible to receive overtime pay may be
granted compensatory time in lieu of overtime pay in accordance with the rates and
provisions provided in this MOU for overtime.
7.4 Using Compensatory Time
The Police Chief or 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 section 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,
7.5 Maximum Accumulation
No Police Safety Unit employee shall accumulate compensatory time in excess of
one hundred and sixty (160) hours. An employee who has accumulated the
maximum amount of compensatory time shall not work overtime on a
compensatory time basis until the accumulation has been reduced to less than the
maximum accumulation allowed under this MOU.
7.6 Using Compensatory Time for Paid Sick Leave
Compensatory time may be used for paid sick leave purposes only if an employee
has exhausted all accrued paid sick leave, has requested the use of compensatory
time, has received the approval of the Police Chief, and has such compensatory
time available.
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ARTICLE 8 - CALL BACK
8.1 Call Back Pay
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 less than four(4) hours early for his regularly scheduled shift shall receive pay for
the time actually worked but shall not be entitled to a minimum guarantee of four(4)
hours pay or four(4) hours of compensatory time.
8.2
Police Safety Unit employees called out or called back shall be paid for actual travel
time not exceeding one-half (1/2) hour which is included in the four (4) hour
minimum.
ARTICLE 9 - COURT APPEARANCES
9.1 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.
9.2
If a subpoena of the type referred to in section 9.1, 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 section employee failed to call in
and the subpoena had in fact been cancelled.
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ARTICLE 10 - PAYMENT IN LIEU OF HOLIDAYS
Effective November 28, 2010, 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.
ARTICLE 11 -ANNUAL LEAVE
11.1 Definition
Annual leave is the period of approved absence with pay from regularly scheduled
work that is not properly chargeable to some other category of leave.
11.2 Annual Leave Accrued While on Sick Leave
Annual leave shall accrue while an employee is on approved sick leave or
occupational sick leave as provided in this MOU up to the maximum of four
hundred (400) hours.
11.3 Annual Leave for Reinstated Employees
Notwithstanding other provisions of this MOU, for annual leave purposes only,
eligible reinstated employees shall receive service credit for the most recent prior
regular 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.
11.4 Annual Leave General Provisions
The time when annual leave may be taken will be at the discretion of the Police
Chief. For purposes of computing annual leave usage, regularly assigned days off
shall not be counted as "working days." Annual leave shall be paid at the
employee's straight time hourly rate of pay in effect during the leave period.
11.5 Accrual Rates
For members the Police Safety Unit, annual leave shall accrue and vest on the
basis of each full month worked in accordance with the following schedule:
8
YEARS OF SERVICE HOURS ACCRUED
& VESTED FOR EACH
FULL MONTH WORKED
O through 5 8
6 through 10 10
11 12.67
12 13.34
13 14
14 14.67
15 15.34
16 16
17 16.67
11.6 Vesting of Annual Leave for Employees Hired After July 1 1979
An employee hired on or after July 1, 1979, shall accrue the first year's annual
leave on the anniversary of the individual's most recent hire date and there shall be
no pro-ration whatsoever of annual leave accrual for that year. After the first
anniversary of the individual's most recent hire date, annual leave shall be accrued
on the basis of each full month worked. No annual leave shall vest for these
employees until it is accrued as provided for in this Subsection.
11.7 Maximum Accrual
Annual leave shall accrue to a maximum of four hundred (400) hours.
11.8 Annual Leave Cash-In
Employees in the Police Safety unit who use at least eighty (80) hours of annual
leave per year may request payment for up to a total of 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.
11.9 Disposition of Annual Leave Upon Separation
Upon termination, all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
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ARTICLE 12 - SICK LEAVE
12.1
Police Safety Unit member covered by the provisions of Labor Code Section 4850
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.
12.2
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
vacation/sick leave and seniority.
12.3 Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or five hundred and
twenty (520) hours. As of January 1, 2010, 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
to Deferred Comp or convert the excess hours to cash.
Commencing January 1, 2007, PSPOA Members with accrued unused sick leave
in excess of the new 520 hour annual sick leave accrual cap will have all hours in
excess of 520 placed into a special excess sick leave bank that will exist for four
years. During the four years employees can draw against or cash out on a semi-
annual basis as set forth below from this special excess sick leave bank until all
hours are exhausted. If the special excess sick leave bank is not exhausted by the
end of four years, then the City will cash out and eliminate the special leave bank
effective December 30, 2010.
12.4 Accrual Rates
Full-time employees shall for the first twelve (12) months of continuous service
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.
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After completion of twelve (12) months of continuous service, full-time employees
shall earn 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.
12.5 Eligible to Use
Police Safety Unit employees are eligible to use accrued sick leave upon
completion of six (6) continuous months of service with the City of Palm Springs.
12.6 Disposition of Sick Leave Upon Separation
Police safety employees shall be paid for accrued, vested and unused sick leave
and excess sick leave 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 13 - MISCELLANEOUS PROVISIONS
13.1 Uniform and Safety Equipment
The City agrees to continue paying a uniform and safety equipment allowance to
each Police Safety 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 afore-stated
allowance. In consideration of the City's agreement to pay said allowance, the
PSPOA agrees not to commence during the effective period of this MOU, any
litigation or other proceeding in which it is contended the City is failing to comply
with a legal obligation to provide safety equipment.
13.2 Cell Phone Allowance
Effective after the November 5, 2010 payment, the previously provided cell phone
allowance of $50 per month shall be suspended until June 30, 2012 or whenever
the labor negotiations process reaches completion for a successor MOU which, if
the parties are at impasse, will be the date the impasse is resolved by an
agreement or the date the matter is submitted to the City Council for its
11
determination (the date the matter will be submitted to the City Council will be no
later then the end of the pay period following the pay period during which the
mediation occurs) whichever is later, the cell phone allowance will be reinstituted
unless the parties agree not to do so or elimination of the allowance is imposed by
the City Council.
It is the policy of the Palm Springs Police Department that each Police Safety Unit
member will be required to have a cellular telephone 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.
13.3 Master Senior Police Officer and Sergeant Pay Provision
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.
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.
Police Sergeant II: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have a Bachelors 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 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.
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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 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.
13.4 Motor Officer and Canine Officer Pay Provision
Motor Officer: Officers assigned to Motors shall receive compensation of an
additional five percent (5%) while assigned as Motor Officers. The Police
Department to provide the helmet and leather jacket.
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.
ARTICLE 14 - FIELD TRAINING OFFICER
Beginning 1/1/97, Field Training Officers (FTO) designated as such by the Chief of
Police shall hold that position for a period of four years. Officers designated FTO
shall receive compensation of an additional 5% pay while assigned as Field
Training Officers. Normally a FTO completing his/her four-year period will not be
eligible for reassignment as an FTO until he/she has been out of the program for
two years. Time requirements may be waived by the Chief of Police. Service time
as an FTO may be extended by the Chief of Police. Eligibility for reassignment as
an FTO may be waived. The Chief of Police shall determine the number of officers
to be assigned as 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.
ARTICLE 15 - DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief may remove with cause an officer from the duties of detective.
The Police Chief shall determine the number of officers to be assigned as
detectives at any given time and shall determine whether or not there is a
continuing need to have any given officer work as a detective.
ARTICLE 16 - HEALTH AND DENTAL INSURANCE
16.1
The City agrees to contribute up to the following amounts for Police Safety Unit
members toward Health, hospitalization, drug coverage, cost care, through such
program(s) as shall be designated by the Association and approved by the City
Council. In addition, the City agrees to provide Vision Care for Police Safety Unit
13
members and their immediate families. Unit members will sign verification of
dependent eligibility annually at open enrollment.
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to
the employee.
The City's maximum contribution to health insurance premiums for all currently
active members of the Police Safety Unit are as follows:
Single Party $648.66*
Two-Party $1245.04*
Family $1319.31*
*Rates as of January 1, 2010
16.2 Retiree Health Coverage
All employees hired prior to October 25, 2006, or who had already received a
written offer of employment:
The City's maximum contribution for its retired employees will be 75% of insurance
premium for retirees coverage upon completion of 20 years of City service, and
100% payment for retirees coverage upon completion of 25 years of City service.
In the event of the employee's death, the City's contribution will end. The surviving
spouse may remain on the plan as a retiree without a City contribution to the
premium. Retired employees who have not completed 20 years of City service
shall be entitled to participate at his/her own cost in the Association's health,
hospitalization and drug coverage plan.
For all new 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.
16.3
The City's maximum contribution for Police Safety Unit member dental insurance
(currently Aetna) shall be as follows:
14
Single Party__ $33.03*
Two-Party $45.01*
Family $64.54*
*Rates as of January 1, 2010
In the event that the premium charges for the health or dental program for a Police
Safety Unit member exceed the City's maximum rate of contribution, (as described
in 16.1 and 16.3) by 10% and (5% for calendar year 2012) annually at any time
during the term of this MOU, the amount of the excess shall be paid by the Police
Safety Unit member through a payroll deduction. To clarify, effective June 30,
2012, (for plan year starting in calendar year 2013) or whenever the labor
negotiations process reaches completion for a successor MOU (which, if the parties
are at impasse, will be the date the impasse is resolved by an agreement or the
date the matter is submitted to the City Council for its determination (the date the
matter will be submitted to the City Council will be no later then the end of the pay
period following the pay period during which the mediation occurs which is later, If
the premium charges for the health or dental program for a Police Safety Unit
member exceed the City's maximum rate of contribution, (as described in 16.1 and
16.3) by 10% annually at any time during the term of this MOU, the amount of the
excess shall be paid by the Police Safety Unit member through a payroll deduction
unless the parties agree not to do so or elimination of the allowance is imposed by
the City Council.
16.4
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to
the employee.
16.5
The Association agrees that effective August 1, 1984, any police officer who retires
as of that date, or thereafter, shall not be entitled to participate in any City health,
hospitalization, drug coverage and/or cost care plan and instead shall be entitled to
participate at his/her own cost in the Association -sponsored health, hospitalization,
drug coverage and cost care plan.
16.6
Police Safety Unit members shall remain in the Association-sponsored health plan,
which is currently Blue Shield, and shall not be eligible for any other City insurance
plan for the duration of this MOU.
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16.7 Domestic Partner Coverage
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.
ARTICLE 17 - 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:
Effective August 1, 1992, a Police Safety Unit Employee grieving a Letter of
Reprimand shall, before the City Manager issues a final determination, have a
grievance on a Letter of Reprimand heard before a hearing officer or a committee,
as provided for above, unless the officer waives his or her right to said hearing.
ARTICLE 18 -WRITTEN REPORTS
An officer has the right to have an attorney present when preparing a written
incident report for an officer-involved shooting. Such reports must be submitted to
the watch commander or designated supervisor within three working days of the
incident.
The attorney must be present when the report is submitted, in the event that the
reviewing official needs further information.
This policy is subject to current review by the parties, and the parties agree to
reopen the MOU to discuss modification or deletion of same.
ARTICLE 19 - MILEAGE REIMBURSEMENT
Members of the Police Safety Unit shall receive mileage reimbursement in
accordance with existing City policy, at the prevailing IRS rate.
ARTICLE 20 - EDUCATIONAL REIMBURSEMENT
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
16
as part of a degree program in Public Administration, Police Management, one of
the Social Sciences or Business Administration. Any other courses may be
approved in the discretion of the Department Head and the Personnel Officer.
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.
ARTICLE 21 -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 22 - REINSTATED OFFICERS
An officer who leaves employment with the City and returns to work the Police
Safety Unit within one (1) year thereafter shall be treated in all respects as a new
employee with respect to shift assignments, scheduling of vacations and days off
and with respect to promotions. Benefit accruals for such reinstated officers shall be
governed by the existing benefit accrual rules.
ARTICLE 23 - BILINGUAL PAY FOR SPANISH-SPEAKING OFFICERS
The City shall implement a bilingual pay program under which 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 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.
ARTICLE 24 - 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.
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ARTICLE 25 - 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.
25.1
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.
25.2
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.
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25.3
Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the fact constituting reasonable suspicion and
shall give the employee a copy. This report must advise the employee of his right
to representation. The employee shall be given an opportunity to provide additional
facts. An employee who is then ordered to submit to a substance abuse screening
may request to be represented. Because time is of the essence in drug and alcohol
screening, there shall be no delay in the testing process based on an employee's
request to be represented.
25.4
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.
25.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the
opportunity to discuss the results with a physician to be designated by the City. The
employee should be prepared at that time to show proof of any valid medical
prescription for any detected substance or to otherwise explain, if he or she so
chooses, a positive test result.
25.6
While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle
or dangerous machinery or equipment while taking any kind of medication or drugs
which are clearly marked that they may cause significant drowsiness or impair an
employee's performance. An employee shall notify his/her supervisor, before
beginning work, when taking such medications or drugs. In the event there is a
question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from a physician
designated by the City may be required. The City reserves the right to send an
employee home on sick leave under these circumstances.
25.7
Employees with substance abuse problems are encouraged to participate
voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance
through the EAP may be sought by an employee with complete confidentiality and
without adverse consequences to his/her employment. Employees should be
aware, however, that a request for assistance through the EAP would not insulate
19
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",
an exemplar copy of which is attached hereto as Exhibit"A".
ARTICLE 26 -ASSOCIATION SPECIAL EVENT 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).
ARTICLE 27 - 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. The parties to this MOU
agree to comply with the provisions of the Americans with Disabilities Act and the
Family Rights Act.
ARTICLE 28 - STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
28.1.1
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.
20
28.1.2
Any employee who participates in any conduct prohibited in Sub-Section
29.1.1 above, shall be subject to suspension, demotion or dismissal by the
City.
28.1.3
In addition to any other lawful remedies or disciplinary actions available to
the City, if the Association fails, in good faith, to perform all responsibilities
listed below in Section 29.2, Association Responsibility, the City may
suspend any and all rights and privileges accorded to the Association in this
MOU, including but not limited to suspension of the Grievance Review
Procedure and dues deduction.
28.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in Section 29.1 of this Article, Prohibited
Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Agreement and unlawful, and they
must immediately cease engaging in conduct prohibited in said Section 29.1 and
return to work.
ARTICLE 29 - SOLE AND ENTIRE AGREEMENT
It is the intent of the parties hereto that the provisions of this MOU shall supersede
all prior agreements and memoranda of agreement, or memoranda of
understanding, or contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral and written, expressed or implied,
between the parties, and shall govern the entire relationship and shall be the sole
source of any and all rights which may be asserted hereunder. This MOU is not
intended to conflict with federal or state law or the City's Municipal Code. The
Association and the City agree that all personnel rules not specifically included in
the MOU shall be incorporated by reference herein. City reserves the right to add
to, modify or delete from the Personnel Rules subject to its obligations under the
Meyers-Milias-Brown Act.
ARTICLE 30 - 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
21
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 31 - 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.
ARTICLE 32 - 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 33 -TERM OF AGREEMENT
The term of this MOU shall be from July 1, 2010 through June 30, 2012.
ARTICLE 34 - RETIREMENT
34.1 Public Employees' Retirement System
The City shall pay each Police Safety Unit member's contribution to the Public
Employees' Retirement System (PERS). Said payment made by the City shall be
for the employee's contributions, not to exceed nine percent (9%).
Such payments are made in accordance with the provisions of the Internal
Revenue Code, Section 414 (h) (2), and pursuant to California Government Code
Section 20615.
The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at
no additional cost to the employee.
22
The City agrees to contract with PERS for the 3% @ 50 Safety formula for
members of the Police Safety Unit hired prior to January 1, 2011.
For Unit employees hired after January 1, 2011, (or as soon as approved by
PERS if later) the parties agree that the City will take all necessary steps so that
such employees will be provided with the 3% @ 55 benefit under the Public
Employees' Retirement System. These steps will not be taken until the City
reaches an agreement with the Police Management Association or implements
this benefit with that Association.
ARTICLE 35 - 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 36 - 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 37 —ANTI-NEPOTISM POLICY
37.1
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 section does not apply to sibling relationships
or parent/child relationships if the sibling, parent or child is within 24 months of
normal retirement. Employees of the Palm Springs Police Department employed
prior to July 1, 1998 and related by blood to another employee of the Palm Springs
Police Department employee who was also employed prior to July 1, 1998, are
exempted from the above, but in no case shall any employee be supervised by a
person related by blood.
23
37.2
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.
37.2.1
They shall not work the same patrol hours. For purposes of this regulation,
motors will be viewed as a patrol assignment.
37.2.2
They shall not work on the same shift or any shift that overlaps with a shift
that the other spouse works.
37.2.3
They shall not work any overtime or contract overtime at the same time.
37.2.4
They shall not work any special assignments at the same time, including
task forces.
37.2.5
They shall not supervise one another at any time.
37.2.6
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.
37.2.7
Supervisors may make exceptions to 37.2.1 through 37.2.4 only in
emergency situations.
ARTICLE 38 - MISCELLANEOUS PROVISIONS
38.1 Claims Against Police Officers
The parties agree that they will continue discussion and reach agreement before
the end of this agreement concerning the procedures to be utilized between the
24
City's attorneys and the Association's attorney when handling claims against police
officers and the City for the purpose of having consistent positions to better handle
such claims.
38.2 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.
38.3 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.
38.4 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.
38.5 Police Department Policy 700.00—Take Home Vehicles
This policy is attached and incorporated by reference into this Agreement.
ARTICLE 39— 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.
25
MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS POLICE OFFICERS'
REPRESENTATIVE ASSOCIATION
sl
Date /r Date
By By
CITY MAN GER PRES EN , PSPOA
By ,, By
HUM ESOURCES DIRECTOR E-P SIDti-
T, PSPOA
By ``. &- L-
OA ER
ATT By
CITY CLERK 1( r AR R
By
ARD MEMBER
APPROVED AS TO FORM:
l 140- APPROVED BY CITY COUNCIL
ITY ATTO NNEY 0 \-- `— -��----� r
PSPOA MOU 2010/12
26
TO: Employee's Name
FROM: Division Manager or Department Head
SUBJECT: LAST CHANCE AGREEMENT - REFERRAL TO EMPLOYEE ASSISTANCE
PROGRAM
IT IS UNDERSTOOD THAT:
1. You are hereby referred to enroll, participate and successfully complete a
rehabilitation and counseling program as prescribed by the City's Employee Assistance
Program counselor and approved by the City. Successful completion of your Employee
Assistance Program shall be determined by the City and your Employee Assistance
Program counselor.
2. You shall not report for work or perform the duties of your job under the influence
of any alcoholic beverage, illegal substance, or controlled substance. Nor shall you
consume or be under the influence of any alcoholic beverage, illegal substance, or abuse
any controlled substances at any time during the work day.
3. You will freely and voluntarily submit, at any time during the work day, upon
request by department head) or his designated representative, to any examination
and/or tests, including, but not limited to, blood, urine and breath-a-lizer to determine if
you are complying with or have violated the terms and conditions of your Employee
Assistance Program.
4. Any required participation in the Employee Assistance Program activities or related
programs shall be done on your own personal time, and shall not interfere with you City
work schedule.
5. You shall not be compensated, monetarily or otherwise, by the City for any of your
participation in the Employee Assistance Program activities or related programs.
6. All monetary costs incurred for Employee Assistance Program services, beyond
initial counseling and diagnosis, are your personal responsibility.
7. Further terms and conditions may be established by_ (department head) _ or his
designated representative after consultation with the Employee Assistance Program
counselor, once the counselor has met with the employee. Any additional terms and
conditions will be reviewed with the employee and attached as an addendum to this
memo.
Department Head
27
I hereby authorize the release of any information relating to my attendance and
compliance with the terms and conditions of my Employee Assistance Program to
(department head) or his designated representative.
I understand and agree to the preceding terms and conditions as set forth. I further
understand that my failure to comply with any of these terms and conditions may lead to
my dismissal from employment with the City of Palms Springs. Failure to comply with the
terms and conditions shall included @ny non-attendance at any required Employee
Assistance Program activity or program, unless approval has been granted by
(department head) or his designated representative or the City's Employee Assistance
Program counselor.
Employee's Signature Date Witness's Signature Date
EXHIBIT A (see ARTICLE 20)
28
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 30 miles of the Palm Springs city limits.
The policy in effect on October 27, 2010, shall remain in effect
until June 30, 2014. This means that the City has no obligation
to purchase new cars for purposes of providing a car pursuant
to this policy. However, effective July 1, 2014, only the following
employees will be eligible for a take home car: Officers living
within the Palm Springs City limits and K-9 Officers. Motor
Officers will be eligible for a take home motorcycle.
2. Marked police vehicles will be assigned as take home vehicles
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.
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 of the city limits of the
City of Palm Springs. Effective July 1, 2014, such vehicles shall
be restricted to the city limits of Palm Springs, except for Canine
Officers who reside outside of the City limits (for cars) and Motor
Officers who live outside the City limits (for motorcycles).
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,
A5340
07-01-2209thru 06-30-2010
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE MUNICIPAL
EMPLOYEE RELATIONS REPRESENTATIVE (MERR) REPRESENTING THE CITY OF
PALM SPRINGS AND THE PALM SPRINGS POLICE OFFICERS"ASSOCIATION
(PSPOA) REPRESENTING THE POLICE SAFETY UNIT
JULY 1, 2009 —JUNE 30, 2010
This Memorandum of Understanding ("MOU") is entered into with reference to the
following facts:
ARTICLE 1 - RECOGNITION
Pursuant to the provisions of the Meyer-Milias-Brown Act., Government Code
Section 3500, et. seq., the City of Palm Springs (hereinafter called the "City")
continues to be recognized the Palm Springs Police Officers' Association (herein
called the "Association") as the exclusive 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 2 - CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities
imposed by law, the City of Palm Springs has and will retain the exclusive right to
manage and direct the performance of City services and the work force performing
such services and therefore the following matters shall be within the exclusive
discretion of the City:
2.1
To determine issues of public policy;
2.2
To determine the merits, necessity, or organization of any service or activity
conducted by the City;
2.3
To determine and change the facilities, methods, means, and personnel by which
City operations are to be conducted;
2A
To expand or diminish services;
L
2.5
To determine and change the number of locations, relocations, and types of
operations and the processes and materials to be employed in carrying out all City
functions, including but not limited to, the right to subcontract any work or
operations;
2.6
To determine the size and composition of the work force, to assign work to
employees in accordance with requirements as determined by the City and to
establish and change work schedules and assignments, and to determine the days
and hours when employees shall work;
2.7
To relieve employees from duty because of lack of work or other non-disciplinary
reasons;
2.8
To discharge, suspend, or otherwise discipline employees for proper cause in
accordance with established personnel rules;
2.9
To determine job classifications;
2.10
To hire, transfer, promote, and demote employees for non-disciplinary reasons;
2.11
To determine policies, procedures and standards for selecting, training and
promotion of employees;
2.12
To establish employee performance standards including but not limited to, quality
and quantity standards;
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2.13
To establish reasonable work and safety rules.
2.14
The City, in exercising these rights and functions, will not discriminate against any
employee because of membership or non-membership in any employee
organization.
2.15
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a significant number of 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.
ARTICLE 3 - ASSOCIATION RIGHTS
3.1
Deduction of dues and/or Association sponsored programs.
3.2
The Association shall have the right to use a Police Department bulletin board for
communications with its members. Any communication shall be in accordance with
applicable ordinances, statutes and laws.
3.3
The Association shall have the right and responsibility to use and maintain the
"Officer/Employee of the Year Photo Display."
ARTICLE 4- HOURS OF WORK
4.1 Work Week
The normal work week for full-time employees is forty (40) hours consisting of five
(5) eight(8) hour or four(4) ten (10) hour work days during the seven (7) day period
starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
3
4.2 Schedule- Specified, Non-Patrol Safety Unit Members
For the term of this MOU, 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.
4.3 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.
4.4 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. Police Safety Unit employees
agree to mutually develop a shift selection procedure with the Chief of Police to be
incorporated into this MOU.
4.5 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.
ARTICLE 5 - WAGES
07-01-09 (0%) No increase to base salaries for the term of the contract.
ARTICLE 6 - PROBATIONARY PERIOD FOR POLICE OFFICERS
This MOU includes and incorporates by reference herein Section 11.2 of the City's
Personnel Rules which have been amended as follows:
4
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 7 - OVERTIME
7.1 Policv
Police Safety Unit members are eligible to receive overtime pay or compensatory
time, but they shall not work overtime unless authorized In advance to do so by the
Police Chief or an appropriate authorized supervisor. The Police Chief shall be
responsible for keeping accurate records of all overtime worked by employees. The
City agrees to increase the minimum hourly requirements for contract overtime from
three (3) to four(4) hours.
7.2 Police Safety Unit
Members of the Police Safety Unit shall be compensated for overtime worked at a
rate of fifty percent (50%) above the employee's regular hourly rate of pay for the
time worked in excess of forty (40) hours per work week. For overtime computation,
the forty hours worked are to include any leave of absence with pay.
7.3_Eligible Employees,
At the Police Chiefs discretion, employees eligible to receive overtime pay may be
granted compensatory time in lieu of overtime pay in accordance with the rates and
provisions provided in this MOU for overtime.
74 Using Compensatory Time
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
5
officers can be hired. No officer shall be compelled to work in order to grant
another employee compensatory time off.
7.5 Maximum Accumulation
No Police Safety Unit employee shall accumulate compensatory time In excess of
one hundred and sixty (160) hours. An employee who has accumulated the
maximum amount of compensatory time shall not work overtime on a
compensatory time basis until the accumulation has been reduced to less than the
maximum accumulation allowed under this MOU.
7.6 Using Compensatory Time for Paid Sick Leave
Compensatory time may be used for paid sick leave purposes only if an employee
has exhausted all accrued paid sick leave, has requested the use of compensatory
time, has received the approval of the Police Chief, and has such compensatory
lime available.
ARTICLE S - CALL BACK
8.1 Cali Back Pav
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 less than four(4) hours early for his regularly scheduled shift shall receive pay for
the time actually worked but shall not be entitled to a minimum guarantee of four(4)
hours pay or four(4) hours of compensatory time.
8.2
Police Safety Unit employees called out or called back shall be paid for actual travel
Lime not exceeding one-half (1/2) hour which is included in the four (4) hour
minimum.
ARTICLE 9 - COURT APPEARANCES
9.1 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, effective 7-1-1999.
6
9.2
If a subpoena of the type referred to in section 8.1, above, is cancelled twenty-four
(24) hours or more before the employee is scheduled to appear or by the end of the
employee's.last shift prior to the scheduled appearance time, whichever is later, no
payment shall be due to the employee. If the subpoena is cancelled less than
twenty-four hours prior to the scheduled appearance or later than the end of the
employee's last shift prior to the scheduled appearance time, whichever is later, the
employee shall be paid a cancellation fee of 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 section employee failed to call In
and the subpoena had in fact been cancelled.
ARTICLE 10 - PAYMENT IN LIEU OF HOLIDAYS
Police Safety Unit members, in lieu of all City recognized holidays, shall be paid
4.0 hours per pay period at their straight time hourly rate.
ARTICLE 11 - ANNUAL LEAVE
11.1 Definition
Annual leave is the period of approved absence with pay from regularly scheduled
work that is not properly chargeable to some other category of leave.
11.2 Annual Leave Accrued While on Sick Leave
Annual leave shall accrue while an employee is on approved sick leave or
occupational sick leave as provided in this MOU up to the maximum of four
hundred (400) hours.
11.3 Annual Leave for Reinstated Employees
Notwithstanding other provisions of this MOU, for annual leave purposes only,
eligible reinstated employees shall receive service credit for the most recent prior
regular 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.
7
11.4 Annual Leave General Provisions
The time when annual leave may be taken will be at the discretion of the Police
Chief. For purposes of computing annual leave usage, regularly assigned days off
shall not be counted as "working days." Annual leave shall be paid at the
employee's straight time hourly rate of pay in effect during the leave period.
11.5 Accrual Rates
For members the Police Safety Unit, annual leave shall accrue and vest on the
basis of each full month worked in accordance with the following schedule:
YEARS OF SERVICE HOURS ACCRUED
& VESTED FOR EACH
FULL MONTH WORKED
O through 5 8
6 through 10 10
11 12.67
12 13.34
13 14
14 14.67
15 15.34
16 16
17 16.67
11.6 Vesting of Annual Leave for Employees Hired After July 1 1979
An employee hired on or after July 1, 1979, shall accrue the first year's annual
leave on the anniversary of the individual's most recent hire date and there shall be
no pro-ration whatsoever of annual leave accrual for that year. After the first
anniversary of the individual's most recent hire date, annual leave shall be accrued
on the basis of each full month worked. No annual leave shall vest for these
employees until it is accrued as provided for in this Subsection.
11.7 Maximum Accrual
Annual leave shall accrue to a maximum of four hundred (400) hours.
11.8 Annual Leave Cash-In
Employees in the Police Safety unit who use at least eighty (80) hours of annual
leave per year may request payment for up to a total of one hundred sixty (160)
hours of annual leave per year in lieu of time off. Such cash-ins of annual leave
g
shall be permitted twice per year on the last pay day of July, and the first pay day of
December.
11.9 Disposition of Annual Leave Upon Separation
Upon termination, all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
ARTICLE 12 - SICK LEAVE
12.1
Police Safety Unit member covered by the provisions of Labor Code Section 4850
who are compelled to-be absent from duty because of illness or injury covered by
State of California Worker's Compensation Insurance & Safety Act shall, in lieu of
temporary disability compensation payable under the aforementioned Act, continue
to be paid his/her normal salary and accrue other benefits in accordance with the
provisions of Labor Code Section 4850.
12.2
Any period of time during which an employee is required to be absent from his/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
vacation/sick leave and seniority.
12.3 Sick Leave Maximum Accrual
Sick leave shall accrue io a maximum of three (3) months or five hundred and
twenty (520) hours. As of January 1, 2010, 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
to Deferred Camp or convert the excess hours to cash.
Commencing January 1, 2007, PSPOA Members with accrued unused sick leave
in excess of the new 520 hour annual sick leave accrual cap will have all hours in
excess of 520 placed into a special excess sick leave bank that will exist for four
years. During the four years employees can draw against or cash out on a semi-
annual basis as set forth below from this special excess sick leave bank until all
hours are exhausted. If the special excess sick leave bank is not exhausted by the
9
end of four years, then the City will cash out and eliminate the special leave bank
effective December 30, 2010.
12.4 Accrual Rates
Full-time employees shall for the first twelve (12) months of continuous service
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 earn 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.
12.5 Eligible to Use
Police Safety Unit employees are eligible to use accrued sick leave upon
completion of six (6) continuous months of service with the City of Palm Springs.
12.6 Disposition of Sick Leave Upon Separation
Police safety employees shall be paid for accrued, vested and unused sick leave
and excess sick leave 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 13 - MISCELLANEOUS PROVISIONS
13.1 Uniform and_Safety Equipment
The City agrees to continue paying a uniform and safety equipment allowance to
each Police Safety 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,
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when necessary, any of the said items, from moneys received from the afore stated
allowance. In consideration of the City's agreement to pay said allowance, the
PSPOA agrees not to commence during the effective period of this MOU, any
litigation or other proceeding in which it is contended the City is failing to comply
with a legal obligation to provide safety equipment.
13.2 Cell Phone Allowance
Effective January 1, 2007, the City agrees to pay a cell phone allowance to each
Police Safety Unit member as a reimbursement for expenses incurred for
acquisition and maintenance of a personal cell phone in an amount of fifty dollars
($50) per month. Each Police Safety Unit member will be required to turn in their
City furnished cell phone on or before January 31, 2007. Commencement of the
Cell Phone Allowance for each Police Safety Unit member is contingent upon
receipt of their City furnished cell phone.
It is the policy of the Palm Springs Police Department that each Police Safety Unit
member will be required to have a cellular telephone 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.
132 Master, Senior Police Officer and Sergeant Pay Provision
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.
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.
11
Police Sergeant II: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have a Bachelors 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 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.
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 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.
13.3 Motor Officer and Canine Officer Pay Provision
Motor Officer: Officers assigned to Motors shall receive compensation of an
additional five percent (5%) while assigned as Motor Officers. The Police
Department to provide the helmet and leatherjacket.
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.
ARTICLE 14 - FIELD TRAINING OFFICER
Beginning 1/1/97, Field Training Officers (FTO) designated as such by the Chief of
Police shall hold that position for a period of four years. Officers designated FTO
shall receive compensation of an additional 5% pay while assigned as Field
Training Officers. Normally a FTO completing his/her four-year period will not be
eligible for reassignment as an FTO until he/she has been out of the program for
two years. Time requirements may be waived by the Chief of Police. Service time
as an FTO may be extended by the Chief of Police. Eligibility for reassignment as
an FTO may be waived. The Chief of Police shall determine the number of officers
to be assigned as 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.
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ARTICLE 15 - DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief may remove with cause an officer from the duties of detective.
The Police Chief shall determine the number of officers to be assigned as
detectives at any given time and shall determine whether or not there is a
continuing need to have any given officer work as a detective.
ARTICLE 16 - HEALTH AND DENTAL INSURANCE
16.1
The City agrees to contribute up to the following amounts for Police Safety Unit
members toward Health, hospitalization, drug coverage, cost care, through such
program(s) as shall be designated by the Association and approved by the City
Council. In addition, the City agrees to provide Vision Care for Police Safety Unit
members and their immediate families. Unit members will sign verification of
dependent eligibility annually at open enrollment.
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to
the employee.
The City's maximum contribution to health insurance premiums for all currently
active members of the Police Safety Unit are as follows:
Single Party $646.66*
Two-Party $1245.04*
Family $i329.31*
*Rates as of August 1, 2009
162 Retiree Health Coverage
All employees hired prior to October 25, 2006, or who had already received a
written offer of employment:
The City's maximum contribution for its retired employees will be 75% of insurance
premium for retirees coverage upon completion of 20 years of City service, and
100% payment for retirees coverage upon completion of 25 years of City service.
In the event of the employee's death, the City's contribution will end. The surviving
spouse may remain on the plan as a retiree without a City contribution to the
13
premium. Retired employees who have not completed 20 years of City service
shall be entitled to participate at his/her own cost in the Association's health,
hospitalization and drug coverage plan-
For all new 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.
16.3
The City's maximum contribution for Police Safety Unit member dental insurance
(currently Aetna) shall be as follows:
Sin le part $33.03*
Two-part $45.01*
Family $64.54*
*Rates as of August 1, 2009
In the event that the premium charges for the health or dental program for a Police
Safety Unit member exceed the City's maximum rate of contribution, (as described
in 16.1 and 16.3) by 10% annually at any time during the term of this MOU, the
amount of the excess shall be paid by the Police Safety Unit member through a
payroll deduction.
16A
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to
the employee.
16.5 _m
The Association agrees that effective August 1, 1984, any police officer who retires
as of-that date, or thereafter, shall not be entitled to participate in any City health,
hospitalization, drug coverage and/or cost care plan and instead shall be entitled to
participate at his/her own cost in the Association - sponsored health, hospitalization,
drug coverage and cost care plan-
16.6
Police Safety Unit members shall remain in the Association-sponsored health plan,
which is currently Blue Shield, and shall not be eligible for any other City Insurance
plan for the duration of this MOU.
14
16.7 Domestic Partner Coveracie
The City or Palm Springs agrees to add Domestic Partner Coverage to the current
health, dental and vision insurance in accordance with City of Palm Springs
Ordinance No. 1578. In addition to the requirements of Ordinance 1578, the
enrollee must provide a copy of the Declaration of Domestic Partnership,
Statement of Financial Liability for Domestic 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.
ARTICLE 17 - 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:
Effective August 1, 1992, a Police Safety Unit Employee grieving a Letter or
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 18 - WRITTEN REPORTS
An officer has the right to have an attorney present when preparing a written
incident report for an officer-involved shooting. Such reports must be submitted to
the watch commander or designated supervisor within three working days of the
incident.
The attorney must be present when the report is submitted, in the event that the
reviewing official needs further information.
This policy is subject to current review by the parties, and the parties agree to
reopen the MOU to discuss modification or deletion of same.
ARTICLE 19 - MILEAGE REIMBURSEMENT
Members of the Police Safety Unit shall receive mileage reimbursement In
accordance with existing City policy, at the prevailing IRS rate.
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ARTICLE 20 - EDUCATIONAL REIMBURSEMENT
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 in the discretion of the Department Head and the Personnel Officer.
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.
ARTICLE 21 -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 22 - REINSTATED OFFICERS
An officer who leaves employment with the City and returns to work the Police
Safety Unit within one (1) year thereafter shall be treated in all respects as a new
employee with respect to shift assignments, scheduling of vacations and days off
and with respect to promotions. Benefit accruals for such reinstated officers shall be
governed by the existing benefit accrual rules.
ARTICLE 23 - BILINGUAL PAY FOR SPANISH-SPEAKING OFFICERS
The City shall implement a bilingual pay program under which 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 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.
7.6
ARTICLE 24 - 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.
ARTICLE 25 - 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.
25.1
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.
25.2
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 Lest 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
17
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_
25.3
Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the fact constituting reasonable suspicion and
shall give the employee a copy. This report must advise the employee of his right
to representation. The employee shall be given an opportunity to provide additional
facts. An employee who is then ordered to submit to a substance abuse screening
may request to be represented. Because time is of the essence in drug and alcohol
screening, there shall be no delay in the testing process based on an employee's
request to be represented.
25.4
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.
25.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the
opportunity to discuss the results with a physician to be designated by the City. The
employee should be prepared at that time to show proof of any valid medical
prescription for any detected substance or to otherwise explain, if he or she so
chooses, a positive test result.
25.6
While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle
or dangerous machinery or equipment while taking any kind of medication or drugs
which are clearly marked that they may cause significant drowsiness or impair an
employee's performance. An employee shall notify his/her supervisor, before
beginning work, when taking such medications or drugs. In the event there is a
question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from a physician
18
designated by the City may be required. The City reserves the right to send an
employee home on sick leave under these circumstances.
25.7
Employees with substance abuse problems are encouraged to participate
voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance
through the EAP may be sought by an employee with complete confidentiality and
without adverse consequences to his/her employment. Employees should be
aware, however, that a request for assistance through the EAP would not insulate
the employee from disciplinary action already contemplated 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",
an exemplar copy of which is attached hereto as Exhibit"A".
ARTICLE 26 - ASSOCIATION SPECIAL EVENT 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).
ARTICLE 27 - 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. The parties to this MOU
agree to comply with the provisions of the Americans with Disabilities Act and the
Family Rights Act.
ARTICLE 28 - STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
19
28.1.1
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.
28.1.2
Any employee who participates in any conduct prohibited in Sub-Section
29.1.1 above, shall be subject to suspension, demotion or dismissal by the
City.
28.1.3
In addition to any other lawful remedies or disciplinary actions available to
the City, if the Association fails, in good faith, to perform all responsibilities
listed below in Section 29.2, Association Responsibility, the City may
suspend any and all rights and privileges accorded to the Association in this
MOU, including but not limited to suspension of the Grievance Review
Procedure and dues deduction.
28.2 Association Res onsibilit
In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in Section 29.1 of this Article, Prohibited
Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Agreement and unlawful, and they
must immediately cease engaging in conduct prohibited in said Section 29.1 and
return to work.
ARTICLE 29 - 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
Meyer-Milias-Brown Act.
20
ARTICLE 30 - 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 31 - 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.
ARTICLE 32 - 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 33 - TERM OF AGREEMENT
The term of this MOU shall be from July 1, 2009 through June 30, 2010.
ARTICLE 34 - RETIREMENT
34.1 Public Employees' Retirement System
21
The City shall pay each Police Safety Unit member's contribution to the Public
Employees' Retirement System (PERS). Said payment made by the City shall be
for the employee's contributions, not to exceed nine percent (9%).
•- Such payments are made in accordance with the provisions of the Internal
Revenue Code, Section 414 (h) (2), and pursuant to California Government Code
Section 20615.
The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at
no additional cost to the employee.
The City agrees to contract with PERS for the 3% @ 50 Safety formula for
members of the Police Safety Unit.
City agrees to meet and confer with the Association over the PERS DROP
Program, should it become available after January 2001.
ARTICLE 35 - 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 36 - 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 37 —ANTI-NEPOTISM POLICY
37.1
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 section does not apply to sibling relationships
or parent/child relationships if the sibling, parent or child is within 24 months of
22
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.
37.2
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
❑epartment unless specifically approved by the City Manager.
37.2.1
They shall not work the same patrol hours. For purposes of this regulation,
motors will be viewed as a patrol assignment.
37.2.2
They shall not work on the same shift or any shift that overlaps with a shift
that the other spouse works.
37.2.3
They shall not work any overtime or contract overtime at the same time.
37.2.4
They shall not work any special assignments at the same time, including
task forces.
37.2.5
They shall not supervise one another at any time.
372.6
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.
23
372.7
Supervisors may make exceptions to 37.2.1 through 37.2.4 only in
emergency situations.
ARTICLE 38 - MISCELLANEOUS PROVISIONS
38.1 Claims Against Police Officers
The parties agree that they will continue discussion and reach agreement before
the end of this agreement concerning the procedures to be utilized between the
City's attorneys and the Association's attorney when handling claims against police
officers and the City for the purpose of having consistent positions to better handle
such claims.
38.2 Joint Draftina
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.
38.3 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,
38.4 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.
24
TO: Employee's Name
FROM: Division Manager or Department Head
SUBJECT: LAST CHANCE AGREEMENT - REFERRAL TO EMPLOYEE ASSISTANCE
PROGRAM
IT IS UNDERSTOOD THAT.
1. You are hereby referred to enroll, participate and successfully complete a
rehabilitation and counseling program as prescribed by the City's Employee Assistance
Program counselor and approved by the City. Successful completion of your Employee
Assistance Program shall be determined by the City and your Employee Assistance
Program counselor.
Z You shall not report for work or perform the duties of your job under the influence
of any alcoholic beverage, illegal substance, or controlled substance. Nor shall you
consume or be under the influence of any alcoholic beverage, Illegal substance, or abuse
any controlled substances at any time during the work day.
3. You will freely and voluntarily submit, at any time during the work day, upon
request by (department head) or his designated representative, to any examination
and/or tests, including, but not limited to, blood, urine and breath-a-lizer to determine if
you are complying with or have violated the terms and conditions of your Employee
Assistance Program,
4. Any required participation in the Employee Assistance Program activities or related
programs shall be done on your own personal time, and shall not interfere with you City
work schedule.
5. You shall not be compensated, monetarily or otherwise, by the City for any of your
participation in the Employee Assistance Program activities or related programs.
6. All monetary costs incurred for Employee Assistance Program services, beyond
Initial counseling and diagnosis, are your personal responsibility.
7. Further terms and conditions may be established by (department head) or his
designated representative after consultation with the Employee Assistance Program
counselor, once the counselor has met with the employee. Any additional terms and
conditions will be reviewed with the employee and attached as an addendum to this
memo.
Department Head
26
I hereby authorize the release of any information relating to my attendance and
compliance with the terms and conditions of my Employee Assistance Program to _
(department head) or his designated representative.
I understand and agree to the preceding terms and conditions as set Forth. I further
understand that my failure to comply with any of these terms and conditions may lead to
my dismissal from employment with the City of Palms Springs. Failure to comply with the
terms and conditions shall included any non-attendance at any required Employee
Assistance Program activity or program, unless approval has been granted by
(department head) or his designated representative or the City's Employee Assistance
Program counselor.
Employee's Signature Date Witness's Signature Date
EXHIBIT A (see ARTICLE 20)
27
,MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS POLICE OFFICERS'
REPRESENTATIVE ASSOCIATION
Date � /9 DateBy
f
CIT~`YMANAG PRJE�S/IIDEN,T/PSPOA
By f By �fi/� Aw r//14 fl
HUMAN R OU ES DIR TOR VI'(j PF E' fDEV, PSPOA
By
EMBER
ATTE� By t';
CITY CLERK BQ MBER
By
1 09 MEMBER
APPROV AS TO FORM:
CITY ATTORNEY
PSPOA MOU 2009/10
APPROVED BY CITY COUNCIL
07/15 ZOC°i
25
IT'r�. ,.,r,�,,��....,...�.
SIDE LETTER OF AGREEMENT OF THE JULY 1, 2006 TO JUNE 30,
2009 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR)
AND THE PALM SPRINGS POLICE OFFICERS ASSOCIATION OF
PALM SPRINGS (PSPOA) REPRESENTING THE POLICE SAFETY
UNIT
1. The City of Palm Springs (hereinafter the "City") and the Palm Springs
Police Officers Association (hereinafter "PSPOA") previously entered into
an agreement entitled Memorandum of Understanding (MOU) between
the Municipal Employee Relations Representative (MERR) and the Palm
Springs Police Officers Association (PSPOA) representing the Police
Safety Unit which was approved by City Council on October 25 , 2006.
2. The City's representatives and PSPOA representatives have reached
agreement wherein the Sergeant assigned to Traffic will receive a flat
$100 a month Motor Stipend in lieu of the 5% Motor Officer Premium as
provided for in Article 13.3 of the current MOU. The City will continue to
provide an issued motorcycle helmet and leather jacket as required safety
equipment.
3. Therefore, the parties have met and conferred in good faith and have
jointly prepared this Side Letter of Agreement.
4. The City's representatives and the PSPOA representatives have reached
the understanding reflected by this Side Letter and agreed to recommend
same to their respective representative bodies. The parties jointly urge
City Council to adopt this Side Letter by Minute Order which will provide
for the MOU changes contained herein. The parties hereto acknowledge
that this Side Letter shall not be in full force and effect until adoption by
the City Council.
0F,"' i i Ir4R_01D
P,o'*D(Cu-3 t-'.SuBEIt13,*,1`'
Side Letter of Agreement PSPOA MOT]
Page 2 of 2
Subject to the foregoing, this Side Letter is hereby executed by the authorized
representatives of the City and PSPOA and entered into this twenty-first day of
March, 2007,
MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS POLICE OFFICERS
REPRESENTATIVE ASSOCIATION
Date: y a Date:
By:
CITY MANAG YPRE'SIDENT, PSPOA
By:
By' VICE-PRESIDENT PSPOA
UMA RRESOURC ECTO
BOARD MEMBER
= A
CITY CLERK
APPROVED BY CITY COUNCIL
mo 160Lr-�; al I Ah3�o
�i'R � A: TO FQ a
s y Attomay�
)ate �3
r
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE MUNICIPAL
EMPLOYEE RELATIONS REPRESENTATIVE (MERR) REPRESENTING THE CITY OF
PALM SPRINGS AND THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION
(PSPOA) REPRESENTING THE POLICE SAFETY UNIT
JULY 1, 2006—JUNE 30, 2009
This Memorandum of Understanding ("MOU") is entered into with reference to the
following facts:
ARTICLE 1 - RECOGNITION
Pursuant to the provisions of the Meyer-Milias-Brown Act., Government Code
Section 3600, et. seq., the City of Palm Springs (hereinafter called the "City")
continues to be recognized the Palm Springs Police Officers' Association (herein
called the "Association") as the exclusive 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 2 - CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities
imposed by law, the City of Palm Springs has and will retain the exclusive right to
manage and direct the performance of City services and the work force performing
such services and therefore the following matters shall be within the exclusive
discretion of the City:
2.1
To determine issues of public policy;
2.2
To determine the merits, necessity, or organization of any service or activity
conducted by the City;
2.3
To determine and change the facilities, methods, means, and personnel by which
City operations are to be conducted;
2.4
To expand or diminish services;
1
2.5
To determine and change the number of locations, relocations, and types of
operations and the processes and materials to be employed in carrying out all City
functions, including but not limited to, the right to subcontract any work or
operations;
2.6
To determine the size and composition of the work force, to assign work to
employees in accordance with requirements as determined by the City and to
establish and change work schedules and assignments, and to determine the days
and hours when employees shall work;
2.7
To relieve employees from duty because of lack of work or other non-disciplinary
reasons;
2.8
To discharge, suspend, or otherwise discipline employees for proper cause in
accordance with established personnel rules;
2.9
To determine job classifications;
2.10
To hire, transfer, promote, and demote employees for non-disciplinary reasons;
2.11
To determine policies, procedures and standards for selecting, training and
promotion of employees;
2.12
To establish employee performance standards including but not limited to, quality
and quantity standards;
2
2.13
To establish reasonable work and safety rules.
2.14
The City, in exercising these rights and functions, will not discriminate against any
employee because of membership or non-membership in any employee
organization.
2.15
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a significant number of 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.
ARTICLE 3 - ASSOCIATION RIGHTS
3.1
Deduction of dues and/or Association sponsored programs.
3.2
The Association shall have the right to use a Police Department bulletin board for
communications with its members. Any communication shall be in accordance with
applicable ordinances, statutes and laws.
3.3
The Association shall have the right and responsibility to use and maintain the
"Officer/Employee of the Year Photo Display."
ARTICLE 4 - HOURS OF WORK
4.1 Work Week
The normal work week for full-time employees is forty (40) hours consisting of five
(5) eight (8) hour or four(4) ten (10) hour work days during the seven (7) day period
starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
3
i
4.2 Schedule -Specified, Non-Patrol Safety Unit Members
For the term of this MOU, 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.
4.3 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.
4.4 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, Police Safety Unit employees
agree to mutually develop a shift selection procedure with the Chief of Police to be
incorporated into this MOU.
4.5 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.
ARTICLE 5 - WAGES
07-02-06 Seven percent (7%) median adjustment to the classifications of Police
Officer and Police Sergeant.
07-01-07 Cost of living adjustment(Not less than 3% nor more than 6%)tied to the
highest CPI (all urban consumers), April to April, among U.S., West
and/or Los Angeles, Riverside, Orange.
4
06-29-08 Median adjustment to the classifications of Police Officer and Police
Sergeant based on the benchmark agencies in effect as of July 1, 2006
(the 19 benchmark cities agreed upon in Andersen Study). The City and
the Association will conduct a salary survey of said cities by March 28,
2008. For the purposes of this salary survey, the City and the
Association shall use the top step base salaries of the comparison
agencies that are or will be in effect as of July 1, 2008. The City and
Association agree to meet and confer over the results of the survey.
The results must be agreed to by both parties prior to implementation of
salary increase based on the median salary of the agencies described
above. The City and Association agree to meet and confer to discuss
salary comparisons no later than 90 days prior to the expiration of this
MOU.
ARTICLE 6 - PROBATIONARY PERIOD FOR POLICE OFFICERS
This MOU includes and incorporates by reference herein Section 11.2 of the City's
Personnel Rules which have been amended as follows:
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 sale 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 7 - OVERTIME
71 PolicV
Police Safety Unit members are eligible to receive overtime pay or compensatory
time, but they shall not work overtime unless authorized in advance to do so by the
Police Chief or an appropriate authorized supervisor. The Police Chief shall be
responsible for keeping accurate records of all overtime worked by employees. The
City agrees to increase the minimum hourly requirements for contract overtime from
three (3) to four(4) hours.
7.2 Police Safety Unit
Members of the Police Safety Unit shall be compensated for overtime worked at a
rate of fifty percent (50%) above the employee's regular hourly rate of pay for the
5
time worked in excess of forty(40) hours per work week. For overtime computation,
the forty hours worked are to include any leave of absence with pay.
7.3 Eligible Employees
At the Police Chiefs discretion, employees eligible to receive overtime pay may be
granted compensatory time in lieu of overtime pay in accordance with the rates and
provisions provided in this MOU for overtime.
7.4 Using Compensatory Time
The Police Chief or 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.
7.5 Maximum Accumulation
No Police Safety Unit employee shall accumulate compensatory time in excess of
one hundred and sixty (160) hours. An employee who has accumulated the
maximum amount of compensatory time shall not work overtime on a
compensatory time basis until the accumulation has been reduced to less than the
maximum accumulation allowed under this MOU.
7.6 Using Compensatory Time for Paid Sick Leave
Compensatory time may be used For paid sick leave purposes only if an employee
has exhausted all accrued paid sick leave, has requested the use of compensatory
time, has received the approval of the Police Chief, and has such compensatory
time available.
ARTICLE 8 - CALL BACK
8.1 Call Back Pav
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
6
determine whether the employee receives pay or time. An employee who is called
in less than four(4) hours early for his regularly scheduled shift shall receive pay for
the time actually worked but shall not be entitled to a minimum guarantee of four(4)
hours pay or four(4) hours of compensatory time.
8.2
Police Safety Unit employees called out or called back shall be paid for actual travel
time not exceeding one-half (1/2) hour which is included in the four (4) hour
minimum.
ARTICLE 9 - COURT APPEARANCES
9.1 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, effective 7-1-1999.
9.2
If a subpoena of the type referred to in section 8.1, above, is cancelled twenty-four
(24) hours or more before the employee is scheduled to appear or by the end of the
employee's last shift prior to the scheduled appearance time, whichever is later, no
payment shall be due to the employee. If the subpoena is cancelled less than
twenty-four hours prior to the scheduled appearance or later than the end of the
employee's last shift prior to the scheduled appearance time, whichever is later, the
employee shall be paid a cancellation fee of 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 section employee failed to call in
and the subpoena had in fact been cancelled.
ARTICLE 10 - PAYMENT IN LIEU OF HOLIDAYS
Police Safety Unit members, in lieu of all City recognized holidays, shall be paid
4.0 hours per pay period at their straight time hourly rate.
ARTICLE 11 - ANNUAL LEAVE
11.1 Definition
Annual leave is the period of approved absence with pay from regularly scheduled
work that is not properly chargeable to some other category of leave.
112 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.
11.3 Annual Leave for Reinstated Employee
Notwithstanding other provisions of this MOU, for annual leave purposes only,
eligible reinstated employees shall receive service credit for the most recent prior
regular 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.
11.4 Annual Leave General Provisions
The time when annual leave may be taken will be at the discretion of the Police
Chief. For purposes of computing annual leave usage, regularly assigned days off
shall not be counted as "working days." Annual leave shall be paid at the
employee's straight time hourly rate of pay in effect during the leave period.
11.5 Accrual Rates
For members the Police Safety Unit, annual leave shall accrue and vest on the
basis of each full month worked in accordance with the following schedule:
YEARS OF SERVICE HOURS ACCRUED
&VESTED FOR EACH
FULL MONTH WORKED
O through 5 8
6 through 10 10
11 12.67
12 13.34
13 14
14 14.67
15 15.34
16 16
17 16.67
8
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11.6 Vesting of Annual Leave for Employees Mired After July 1, 1979
An employee hired on or after July 1, 1979, shall accrue the first year's annual
leave on the anniversary of the individual's most recent hire date and there shall be
no pro-ration whatsoever of annual leave accrual for that year. After the first
anniversary of the individual's most recent hire date, annual leave shall be accrued
on the basis of each full month worked. No annual leave shall vest for these
employees until it is accrued as provided for in this Subsection.
11.7 Maximum Accrual
Annual leave shall accrue to a maximum of four hundred (400) hours.
11.8 Annual Leave Cash-In
Employees in the Police Safety unit who use at least eighty (80) hours of annual
leave per year may request payment for up to a total of 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.
1_1_.9_Disposition of Annual Leave Upon Separation
Upon termination, all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
ARTICLE 12 SICK LEAVE
12.1
Police Safety Unit member covered by the provisions of Labor Code Section 4850
who are compelled to be absent from duty because of illness or injury covered by
State of California Worker's Compensation Insurance & Safety Act shall, in lieu of
temporary disability compensation payable under the aforementioned Act, continue
to be paid his/her normal salary and accrue other benefits in accordance with the
provisions of Labor Code Section 4850.
12.2
Any period of time during which an employee is required to be absent from his/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
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service for the purpose of his/or her right to salary adjustment or to the accrual of
vacation/sick leave and seniority.
12.3 Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or five hundred and
twenty (520) hours. After the sick leave accrual in December of any year,
employees who have accumulated more than 520 hours during the preceding
twelve (12) month period, unused sick leave above 520 hours shall be
compensated by a cash payment in the last pay date of the calendar tax year, in an
amount equal to the employee's straight time hourly rate of pay for those unused
accumulated sick leave hours.
Commencing January 1, 2007, PSPOA members with accrued unused sick leave
in excess of the new 520 hour annual sick leave accrual cap will have all hours in
excess of 520 placed into a special excess sick leave bank that will exist for three
years. Dudng the three years employees can draw against or cash out on a semi-
annual basis as set forth below from this special excess sick leave bank until all
hours are exhausted. If the special excess sick leave bank is not exhausted by the
end of three years, then the City will cash out and eliminate the special leave bank
effective December 30, 2009.
12.4 Accrual Rates
Full-time employees shall for the first twelve (12) months of continuous service
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 earn 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 (6) hours for each full month of service.
12.5 Eligible to Use
Police Safety Unit employees are eligible to use accrued sick leave upon
completion of six (6) continuous months of service with the City of Palm Springs.
12.6 Sick Leave Payout
As of December 1, 2006, employees who have accumulated during the preceding
twelve (12) month period, at least sixty-six (66) hours of unused paid sick leave
shall be compensated by a cash payment during the first full pay period in
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December in an amount equal to the employee's straight time hourly rate of pay for
one-fourth (1/4) of those unused accumulated sick leave hours. The remaining
three-fourths (3/4) of those unused accumulated sick leave hours shall remain
credited to the employee's paid sick leave account. This provision applies to the
calendar year of 2006 only. Article 12.6 will be null and void thereafter. The Sick
Leave Payout will be subject to Article 12.3 effective January 1, 2007
12.7 Disposition of Sick Leave U on Separation
Police safety employees shall be paid for accrued, vested and unused sick leave
and excess sick leave 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 13 - MISCELLANEOUS PROVISIONS
13.1 Uniform and Safety Equipment
The City agrees to continue paying a uniform and safety equipment allowance to
each Police Safety 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 afore stated
allowance. In consideration of the City's agreement to pay said allowance, the
PSPOA agrees not to commence during the effective period of this MOU, any
litigation or other proceeding in which it is contended the City is failing to comply
with a legal obligation to provide safety equipment.
132 Cell Phone Allowance
Effective January 1, 2007, the City agrees to pay a cell phone allowance to each
Police Safety Unit member as a reimbursement for expenses incurred for
acquisition and maintenance of a personal cell phone in an amount of fifty dollars
($50) per month. Each Police Safety Unit member will be required to turn in their
City furnished cell phone on or before January 31, 2007. Commencement of the
' Cell Phone Allowance for each Police Safety Unit member is contingent upon
receipt of their City furnished cell phone.
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It is the policy of the Palm Springs Police Department that each Police Safety Unit
member will be required to have a cellular telephone 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.
13.2 Master, Senior Police Officer and Sergeant Pay Provision
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.
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.
Police Sergeant II: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have a Bachelors 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 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.
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 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.
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13.3 Motor Officer and Canine Officer Pay Provision
Motor Officer: Officers assigned to Motors shall receive compensation of an
additional five percent (5%) while assigned as Motor Officers. The Police
Department to provide the helmet and leather jacket.
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.
ARTICLE 14 FIELD TRAINING OFFICER
Beginning 1/1/97, Field Training Officers (FTO) designated as such by the Chief of
Police shall hold that position for a period of four years. Officers designated FTO
shall receive compensation of an additional 5% pay while assigned as Field
Training Officers. Normally a FTO completing his/her four-year period will not be
eligible for reassignment as an FTO until he/she has been out of the program for
two years. Time requirements may be waived by the Chief of Police. Service time
as an FTO may be extended by the Chief of Police. Eligibility for reassignment as
an FTO may be waived. The Chief of Police shall determine the number of officers
to be assigned as 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.
ARTICLE 15 - DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief may remove with cause an officer from the duties of detective.
The Police Chief shall determine the number of officers to be assigned as
detectives at any given time and shall determine whether or not there is a
continuing need to have any given officer work as a detective.
ARTICLE 16 - HEALTH AND DENTAL INSURANCE
16.1
The City agrees to contribute up to the following amounts for Police Safety Unit
members toward Health, hospitalization, drug coverage, cost care, through such
program(s) as shall be designated by the Association and approved by the City
Council. In addition, the City agrees to provide Vision Care for Police Safety Unit
members and their immediate families. Unit members will sign verification of
dependent eligibility annually at open enrollment.
The City agrees to provide ($50,000) Tenn Life Insurance coverage at no cost to
the employee.
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The City's maximum contribution to health insurance premiums for all currently
active members of the Police Safety Unit are as follows:
Single Party $573.85*
Two-Party $1101.45*
Family $1167.18*
*Rates as of August 1, 2006
162 Retiree Health Coverage
That effective 11-1-97, all employees hired prior to the ratification of this agreement
or who have already received a written offer of employment:
The City's maximum contribution for its retired employees will be 75% of insurance
premium for retirees coverage upon completion of 20 years of City service, and
100% payment for retirees coverage upon completion of 25 years of City service.
In the event of the employee's death, the City's contribution will end. The surviving
spouse may remain on the plan as a retiree without a City contribution to the
premium. Retired employees who have not completed 20 years of City service
shall be entitled to participate at his/her own cost in the Association's health,
hospitalization and drug coverage plan.
For all new employees hired after ratification of this agreement, there will be no City
contribution for retiree health benefits. The City will, however, make a $100.00 per
month contribution to an employee Retiree Health Savings Plan and the associated
fixed dollar cost of administration.
16.3
The City's maximum contribution for Police Safety Unit member dental insurance
shall be as follows:
Single Pa $32.54
Two-Party $43.99
Family $62.74
In the event that the premium charges for the health or dental program for a Police
Safety Unit member exceed the City's maximum rate of contribution, (as described
in 16.1 and 16.2) by 10% annually at any time during the term of this MOU, the
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amount of the excess shall be paid by the Police Safety Unit member through a
payroll deduction.
16.4
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to
the employee.
16.5
The Association agrees that effective August 1, 1984, any police officer who retires
as of that date, or thereafter, shall not be entitled to participate in any City health,
hospitalization, drug coverage and/or cost care plan and instead shall be entitled to
participate at his/her own cost in the Association - sponsored health, hospitalization,
drug coverage and cost care plan.
16.6
Police Safety Unit members shall remain in the Association-sponsored health plan
and shall not be eligible for any other City insurance plan for the duration of this
MOU.
16.7 Domestic Partner Coverage
The City of Palm Springs agrees to add Domestic Partner Coverage to the current
health, dental and vision insurance in accordance with City of Palm Springs
Ordinance No. 1578. In addition to the requirements of Ordinance 1578, the
enrollee must provide a copy of the Declaration of Domestic Partnership,
Statement of Financial Liability for Domestic 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.
ARTICLE 17 - 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:
Effective August 1, 1992, a Police Safety Unit Employee grieving a Letter of
Reprimand shall, before the City Manager issues a final determination, have a
grievance on a Letter of Reprimand heard before a hearing officer or a committee,
as provided for above, unless the officer waives his or her right to said hearing.
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ARTICLE 1S - WRITTEN REPORTS
An officer has the right to have an attorney present when preparing a written
incident report for an officer-involved shooting. Such reports must be submitted to
the watch commander or designated supervisor within three working days of the
incident.
The attorney must be present when the report is submitted, in the event that the
reviewing official needs further information.
This policy is subject to current review by the parties, and the parties agree to
reopen the MOU to discuss modification or deletion of same.
ARTICLE 19 - MILEAGE REIMBURSEMENT
Members of the Police Safety Unit shall receive mileage reimbursement in
accordance with existing City policy, at the prevailing IRS rate.
ARTICLE 20 - EDUCATIONAL REIMBURSEMENT
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 in the discretion of the Department Head and the Personnel Officer.
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.
ARTICLE 21 - 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 22 - REINSTATED OFFICERS
An officer who leaves employment with the City and returns to work the Police
Safety Unit within one (1) year thereafter shall be treated in all respects as a new
employee with respect to shift assignments, scheduling of vacations and days off
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and with respect to promotions. Benefit accruals for such reinstated officers shall be
governed by the existing benefit accrual rules.
ARTICLE 23 - BILINGUAL PAY FOR SPANISH-SPEAKING OFFICERS
The City shall implement a bilingual pay program under which 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 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.
ARTICLE 24 - 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.
ARTICLE 25 - 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.
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25.1
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.
25.2
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.
25.3
Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the fact constituting reasonable suspicion and
shall give the employee a copy. This report must advise the employee of his right
to representation. The employee shall be given an opportunity to provide additional
facts. An employee who is then ordered to submit to a substance abuse screening
may request to be represented. Because time is of the essence in drug and alcohol
screening, there shall be no delay in the testing process based on an employee's
request to be represented.
25A
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.
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25.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the
opportunity to discuss the results with a physician to be designated by the City. The
employee should be prepared at that time to show proof of any valid medical
prescription for any detected substance or to otherwise explain, if he or she so
chooses, a positive test result.
25.6
While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle
or dangerous machinery or equipment while faking any kind of medication or drugs
which are clearly marked that they may cause significant drowsiness or impair an
employee's performance. An employee shall notify his/her supervisor, before
beginning work, when taking such medications or drugs. In the event there is a
question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from a physician
designated by the City may be required. The City reserves the right to send an
employee home on sick leave under these circumstances.
25.7
Employees with substance abuse problems are encouraged to participate
voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance
through the EAP may be sought by an employee with complete confidentiality and
without adverse consequences to his/her employment. Employees should be
aware, however, that a request for assistance through the EAP would not insulate
the employee from disciplinary action already contemplated 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",
an exemplar copy of which is attached hereto as Exhibit"A".
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ARTICLE 26 - ASSOCIATION SPECIAL EVENT 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).
ARTICLE 27 - 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. The parties to this MOU
agree to comply with the provisions of the Americans with Disabilities Act and the
Family Rights Act.
ARTICLE 28 - STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
28.1.1
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.
28.1.2
Any employee who participates in any conduct prohibited in Sub-Section
29.1.1 above, shall be subject to suspension, demotion or dismissal by the
City.
28.1.3
In addition to any other lawful remedies or disciplinary actions available to
the City, if the Association fails, in goad faith, to perform all responsibilities
listed below in Section 29.2, Association Responsibility, the City may
suspend any and all rights and privileges accorded to the Association in this
MOU, including but not limited to suspension of the Grievance Review
Procedure and dues deduction.
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28.2 Association Responsibility_
In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in Section 29.1 of this Article, Prohibited
Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Agreement and unlawful, and they
must immediately cease engaging in conduct prohibited in said Section 29.1 and
return to work.
ARTICLE 29 - 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
Meyer-Milias-Brown Act.
ARTICLE 30 - 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 31 - 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
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parties shall forthwith commence negotiations to replace the invalidated benefits
with benefits of comparable value.
ARTICLE 32 - 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 33 - TERM OF AGREEMENT
The term of this MOU shall be from July 1, 2006 through June 30, 2009.
ARTICLE 34 - RETIREMENT
34.1 Public Employees' Retirement System
The City shall pay each Police Safety Unit member's contribution to the Public
Employees' Retirement System (PERS). Said payment made by the City shall be
for the employee's contributions, not to exceed nine percent (9%).
Such payments are made in accordance with the provisions of the Internal
Revenue Code, Section 414 (h) (2), and pursuant to California Government Code
Section 20615.
The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at
no additional cost to the employee.
The City agrees to contract with PERS for the 3% @ 50 Safety formula for
members of the Police Safety Unit.
City agrees to meet and confer with the Association over the PERS DROP
Program, should it become available after January 2001.
ARTICLE 35 - IRS 125 PLAN
The City agrees to provide an IRS 126 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
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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 36 - 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 37 —ANTI-NEPOTISM POLICY
37.1
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 section 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.
37.2
Consistent with City Personnel Rule 9.4, the initial employment of persons related
by marriage to City employees will not be pen-nitted within the Palm Springs Police
Department unless specifically approved by the City Manager.
372.1
They shall not work the same patrol hours. For purposes of this regulation,
motors will be viewed as a patrol assignment_
37.2.2
They shall not work on the same shift or any shift that overlaps with a shift
that the other spouse works.
372.3
They shall not work any overtime or contract overtime at the same time.
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37.2.4
They shall not work any special assignments at the same time, including
task forces.
37.2.5
They shall not supervise one another at any time.
37.2.6
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.
37.2.7
Supervisors may make exceptions to 37.2.1 through 37.2.4 only in
emergency situations.
ARTICLE 38 MISCELLANEOUS PROVISIONS
38.1 Claims Against Police Officers
The parties agree that they will continue discussion and reach agreement before
the end of this agreement concerning the procedures to be utilized between the
City's attorneys and the Association's attorney when handling claims against police
officers and the City for the purpose of having consistent positions to better handle
such claims.
38.2 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.
38.3 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.
38.4 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
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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.
MUNICITAL EMPLOYEE
.
LOY RELATIONS PALM SPRING POL- IC FFICERS'
PRESENTATIVE. -ASPPIPIN 10
Date November 8 2006 Date 111201
By _ By
CITY MANAGER PRESID OA
B By
HUMAN RESO DI CTOR VICE-PR SIDENT PSPOA
ATTEST- By
BOA D MEMBER
y
�i y Clerk OARD MEN4BER
. - _APPROVED BY CRY COUNCIL By !.1,
"6OARD MEMBER
PSPOA MOu 2006/09
APPROAS TO FORM:
Syr!
25
TO: Employee's Name
FROM: Division Manager or Department Head
' SUBJECT: LAST CHANCE AGREEMENT - REFERRAL TO EMPLOYEE ASSISTANCE
PROGRAM
IT IS UNDERSTOOD THAT:
1. You are hereby referred to enroll, participate and successfully complete a
rehabilitation and counseling program as prescribed by the City's Employee Assistance
Program counselor and approved by the City. Successful completion of your Employee
Assistance Program shall be determined by the City and your Employee Assistance
Program counselor.
2. You shall not report for work or perform the duties of your job under the influence
of any alcoholic beverage, illegal substance, or controlled substance. Nor shall you
consume or be under the influence of any alcoholic beverage, illegal substance, or abuse
any controlled substances at any time during the work day.
3. You will freely and voluntarily submit, at any time during the work day, upon
request by department head) or his designated representative, to any examination
and/or tests, including, but not limited to, blood, urine and breath-a-lizer to determine if
you are complying with or have violated the terms and conditions of your Employee
Assistance Program.
4. Any required participation in the Employee Assistance Program activities or related
programs shall be done on your own personal time, and shall not interfere with you City
work schedule.
5. You shall not be compensated, monetarily or otherwise, by the City for any of your
participation in the Employee Assistance Program activities or related programs.
6. All monetary costs incurred for Employee Assistance Program services, beyond
initial counseling and diagnosis, are your personal responsibility.
7. Further terms and conditions may be established by (department head) or his
designated representative after consultation with the Employee Assistance Program
counselor, once the counselor has met with the employee. Any additional terms and
conditions will be reviewed with the employee and attached as an addendum to this
memo.
Department Head
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I hereby authorize the release of any information relating to my attendance and
compliance with the terms and conditions of my Employee Assistance Program to
(department head) or his designated representative.
I understand and agree to the preceding terms and conditions as set forth. I further
understand that my failure to comply with any of these terms and conditions may lead to
my dismissal from employment with the City of Palms Springs. Failure to comply with the
terms and conditions shall included any non-attendance at any required Employee
Assistance Program activity or program, unless approval has been granted by
(department head) or his designated representative or the City's Employee Assistance
Program counselor.
Employee's Signature Date Witness's Signature Date
EXHIBIT A (see ARTICLE 20)
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