HomeMy WebLinkAbout12/5/2012 - STAFF REPORTS - 2.I. 0,P A LM sp9
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c441F01t City Council Staff Report
DATE: December 5, 2012 Consent
SUBJECT: MEMORANDUMS OF UNDERSTANDING — PALM SPRINGS POLICE
OFFICERS ASSOCIATION, PALM SPRINGS POLICE MANAGEMENT
ASSOCIATION, PALM SPRINGS FIRE MANAGEMENT ASSOCIATION
FROM: David H. Ready, City Manager
BY: Human Resources
SUMMARY
The City has reached tentative agreements with the Palm Springs Police Officers'
Association, the Palm Springs Police Management Association and the Palm Springs
Fire Management Association. The City Council will consider adopting a Resolution
approving a contract or Memorandum of Understanding (MOU) between the City and
the associations.
RECOMMENDATION:
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUMS OF
UNDERSTANDING (MOU's) RELATIVE TO WAGES, HOURS, AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE
PALM SPRINGS POLICE OFFICERS' ASSOCIATON, THE PALM SPRINGS
POLICE MANAGEMENT ASSOCIATON AND THE PALM SPRINGS FIRE
MANAGEMENT ASSOCATION, FOR THE PERIOD JULY 1, 2012 THROUGH
JUNE 30, 2014, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE
MEMORANDUMS OF UNDERSTANDING.
2. Authorize the City Manager to execute the Memorandums of Understanding
(MOU's) in a form acceptable to the City Attorney.
STAFF ANALYSIS:
The City, through its Municipal Employee Relations Representative (MERR), and
representatives of the Palm Springs Police Officers' Association, the Palm Springs
rrEM NO. l
Council Staff Report
December 5, 2012 --Page 2
Police Safety, Police Management and Fire Management MOU's
Police Management Association and the Palm Springs Fire Management Association
have met and conferred in good faith with the Municipal Employee Relations City
STAFF ANALYSIS CONT:
Representative (MERR) and have reached a agreement on the terms and conditions of
the MOU's governing employees of the City of Palm Springs within the Palm Springs
Police Officers' Association, the Palm Springs Police Management Association and the
Palm Springs Fire Management Association for the period July 1, 2012 through June
30, 2014.
This agreement was reached through negotiations, subject to ratification by the Palm
Springs Police Officers' Association, the Palm Springs Police Management Association
and the Palm Springs Fire Management Association and City Council.
The Palm Springs Police Officers' Association, the Palm Springs Police Management
Association and the Palm Springs Fire Management Association and the MERR jointly
recommend adoption of such MOU's by the City Council.
FISCAL IMPACT
The MOU's all provide for future savings on retirement cost savings through tiered
retirement programs as well as reduced medical liability. During the term of MOU's the
estimated total two year fiscal impact for each association is:
Palm Springs Police Officers' Association — $184,000
Palm Springs Police Management Association — $23,000
Palm Springs Fire Management Association —$12,000
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Perry adi n, Director of Human Resources David H. Ready, City er
Attachments: Resolution
Memorandums of Understanding
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS APPROVING A MEMORANDUMS OF UNDERSTANDING
RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS POLICE OFFICERS' ASSOCIATION, THE PALM SPRINGS
POLICE MANAGEMENT ASSOCIATION AND THE PALM SPRINGS
FIRE MANAGEMENT ASSOCIATION FOR THE PERIOD JULY 1, 2012
THROUGH JUNE 30, 2014, SUBJECT TO UNIT'S RATIFICATION AND
EXECUTING THE MEMORANDUMS OF UNDERSTANDING.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR) who
shall be the City's principal representative on all matters of employer-employee relations,
with authority to meet and confer in good faith on matters within the scope of
representation, including wages, hours, and other terms and conditions of employment;
and
WHEREAS, the City, through its Municipal Employee Relations Representative
(MERR), has met and conferred in good faith on wages, hours, terms and other
conditions of employment with the Palm Springs Police Officers' Association (PSPMA),
the Palm Springs Police Management Association (PSPMA) and the Palm Springs Fire
Management Association (PSFMA); and
WHEREAS, as a result of such good faith negotiations the MERR and PSPOA,
PSPMA and PSFMA have reached agreement on the terms and conditions of
Memorandums of Understanding (MOU's) governing employees of the City of Palm
Springs within such Association's, subject to ratification by the Unit; and
WHEREAS, PSPOA, PSPMA and PSFMA and the MERR jointly recommend
adoption of such MOU's by the City Council;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandums of Understanding between PSPMA, PSFMA,
PSFMA and MERR, for the period July 1, 2012 through June 30, 2014, on file with the
City Clerk and incorporated herein by this reference, is hereby approved upon
ratification and execution of said Memorandums of Understanding in a form approved
by the City Attorney.
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Resolution No.
Page 2
ADOPTED THIS 5T" DAY OF DECEMBER, 2012
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on this 5"' day of December,
2012, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
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PALM SPRINGS
FIRE MANAGEMENT
ASSOCIATION
OF eA�M de
PORw1E0
Cq1/FORN�P
MEMORANDUM OF
UNDERSTANDING
JULY 11 2012 - JUNE 305 2014
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2. BOARD OF DIRECTORS.........................................................................................................................................1
3. PAYROLL DEDUCTION...........................................................................................................................................2
4. PRACTICES...............................................................................................................................................................2
S. MAINTENANCE OF BENEFITS...............................................................................................................................2
6. STRIKES AND WORK STOPPAGES......................................................................................................................2
7. FEDERAL AND STATE LAWS................................................................................................................................3
8. EDUCATIONAL REIMBURSEMENT.......................................................................................................................3
9. HEALTH, DENTAL,VISION AND OTHER INSURANCE......................................................................................3
10. INSURANCE FOR RETIREES................................................................................................................................4
11. RETIREMENT..........................................................................................................................................................5
12. SICK LEAVE............................................................................................................................................................6
13. EDUCATIONAL INCENTIVE PAY..........................................................................................................................7
14. PARAMEDIC PAY...................................................................................................................................................7
15. BILINGUAL PAY.....................................................................................................................................................7
16.SALARIES................................................................................................................................................................7
17. ANNUAL LEAVE.....................................................................................................................................................7
18. PAYMENT IN LIEU OF HOLIDAYS ......................................................................................................................9
19. COMPENSATORY TIME ACCUMULATION........................................................................................................9
20. DRUG POLICY/DRUG SCREENING....................................................................................................................9
21.ACTING ASSIGNMENTS.......................................................................................................................................11
22. OVERTIME..............................................................................................................................................................12
23. FORTY HOUR CONVERSION...............................................................................................................................12
24.WORK SCHEDULES..............................................................................................................................................12
25. TIME EXCHANGES................................................................................................................................................13
26. EMERGENCY RECALL.........................................................................................................................................13
27. BOMB SEARCH.....................................................................................................................................................13
28.JURY DUTY............................................................................................................................................................13
29. MILEAGE.................................................................................................................................................................13
30. UNIFORM ALLOWANCE.......................................................................................................................................13
31. BODY PIERCING...................................................................................................................................................13
32. TATTOOS...............................................................................................................................................................13
33. NON-SMOKING REQUIREMENT.........................................................................................................................14
34. SIDA BADGES.......................................................................................................................................................14
35. IRS 125 PLAN........................................................................................................................................................14
36. FILLING VACANCIES...........................................................................................................................................14
37. CHANGES DURING TERM AND REOPENERS..................................................................................................14
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MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE
RELATIONS REPRESENTATIVE (MERR)AND THE PALM SPRINGS FIRE
MANAGEMENT ASSOCIATION (PSFMA)
REPRESENTING THE FIRE MANAGEMENT UNIT
JULY 1, 2012 —JUNE 30, 2014
This Memorandum of Understanding is entered into with reference to the following
facts:
A. The Palm Springs Fire Management Association, hereinafter referred to as the
Association, is the exclusive recognized employee organization for members it represents
employed by the City in the Fire Management Unit as defined in Section 8.1.2 of the
Employer-Employee Relations Resolution, Resolution 16438, as amended by Resolution
17793.
B. The Association and the Municipal Employee Relations Representative, hereinafter
referred to as the MERR, have met and conferred in good faith on wages, hours and other
terms and conditions of employment for the employees represented by the Association and
have reached agreements which are set forth in this Memorandum of Understanding,
hereinafter referred to as the MOU.
THE ASSOCIATION AND MERR agree as follows:
1. This MOU constitutes a joint recommendation by the Association and the MERR, to be
submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
This MOU recommended to the City Council shall be for the period commencing July 1,
2012, and terminating at midnight, June 30, 2014; provided, however, that specific
sections of this MOU shall have later effective dates as specified herein.
2. BOARD OF DIRECTORS
The Association may conduct a Board of Directors meeting once each month at a City
facility and during the workday, not to exceed two hours.
The City will provide a bank of one hundred twenty (120) hours per year to be
allocated by ASSOCIATION AS DIRECTED BY Association Board of Directors for use by
Association Officers or members. The Board of Directors shall be responsible for notifying
the City's Director of Human Resources of the use of such hours.
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3. PAYROLL DEDUCTION
The City will provide payroll deduction on request of the Association for dues, assessments,
and other deductions authorized by the Association. Remittance will be biweekly to the
Association's treasurer.
4. PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters
pertaining to employer-employee relations including, but not limited to, wages, salaries,
benefits, hours and other terms and conditions of employment. Therefore, it is agreed that
all such ordinances, resolutions and policies, including Sections 4, 5, 6, 7 and 13 only of the
Employer-Employee Relations Resolution 16438 are hereby incorporated by this reference
and made a part hereof as though set forth in full and except as provided herein shall remain
in full force and effect during the term hereof. The City and its employees shall continue to
have the rights and prerogatives as set forth in Sections 4, 5, 6, 7 and 13 of Resolution
16438, and nothing in this MOU shall be deemed in any manner to abridge, restrict or
modify the same except as limited by the Strikes and Work stoppages section of this MOU.
5. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members represented by the Association shall not be deemed affected by this MOU, except
as specifically modified by provisions hereof or by actions taken in implementation hereof.
6. STRIKES AND WORK STOPPAGES
6.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that, they will
not cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job
action by withholding or refusing to perform services.
Any employee who participates in any prohibited conduct listed above shall be subject to
suspension, demotion, or dismissal by the City.
In addition to any other lawful remedies or disciplinary actions available to the City, if the
Association fails, in good faith, to perform all responsibilities listed below as Association
Responsibility, the City may suspend any and all rights and privileges accorded to the
Association in this Agreement, including but not limited to suspension of the Grievance
Review Procedure and Dues Deduction.
6.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in
any Prohibited Conduct, the Association shall immediately instruct any persons engaging in
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such conduct that their conduct is in violation of this Agreement and unlawful, and they must
immediately cease engaging in conduct prohibited in said Section 6.1 and return to work.
7. FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or
regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent
jurisdiction, such part or provisions shall be suspended and superseded by such applicable
laws and regulations and the remainder of this MOU shall not be affected thereby and shall
remain in full force and effect.
8. EDUCATIONAL REIMBURSEMENT
No Fire Management Unit employee shall receive more than $1,500/fiscal year through the
educational reimbursement program.
9. HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to PSFMA 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 five percent (5%) or more the
amount of the excess shall be paid by the PSFMA 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 5%. For calendar year 2014, in the
event that the premium charges for the health, dental or vision benefits exceed the total
premium costs (for 2013) by four percent (4%) or more the amount of the excess shall be
paid by the PSFMA Unit member through a payroll deduction. The maximum contribution
rate for these benefits paid for by the City for 2014 will be the 2013 rates (as set forth below
for each benefit) plus 4%. Each calendar year thereafter, the maximum contribution rate for
that year will be calculated in the same manner.
9.1 Health. Dental and Vision Insurance— Current Employees
The City agrees to contribute up to the amounts below for calendar year 2012 for PSFMA
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.
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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.
9.2 Term Life Insurance
The City agrees to provide ($35,000) Term Life Insurance coverage at no cost to employees
in the unit.
10. INSURANCE FOR RETIREES
Retiree Health Coverage—"Tier I"— Effective 7/1/2000:
A represented UNIT employee who leaves active service as a Palm Springs employee
after 20 years of continuous service, the City shall pay 75% of the cost of "retirees" health
premium plan being covered at the time one leaves active service.
A represented UNIT employee who leaves active service as a Palm Springs employee
after 25 years of continuous service, the City shall pay 100% of the cost of"retirees" health
premium plan being covered at the time one leaves active service.
A represented UNIT employee who retires from active service as a Palm Springs employee
who has not completed 20 years of City service shall be entitled to participate at his/her own
cost in the Association's medical, hospitalization and prescription drug coverage plan.
All employees eligible for retiree medical benefits who become eligible to receive Medicare
must enroll in Medicare Part A and B to remain eligible to receive the above contributions.
Retiree Health Coverage—"Tier It"—Effective 7/1/2006:
For all new employees with an initial hire date which is after July 1, 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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A represented UNIT employee who retires from active service as a Palm Springs employee
who has not completed 20 years of City service shall be entitled to participate at his/her own
cost in the Association's medical, hospitalization and prescription drug coverage plan.
11. RETIREMENT
11.1 CalPERS Formula
For employees with an initial hire date prior to December 17, 2011, the City will continue to
contract with CalPERS for the 3% at 50 Formula at no additional cost to the employee for
the term of this MOU.
For Unit employees hired between December 17, 2011 , and December 31, 2012, they will
receive the 3%@ 55 retirement formula provided by the Public Employees' Retirement
System.
11.2 Employer Paid Member Contribution
For employees hired by the City prior to approval of this MOU by the City Council, the City
shall pay each unit member's contribution to the California Public Employees' Retirement
System (CaIPERS). Said payment made by the City shall be for the employee's
contributions, not to exceed nine percent(9%).
City agrees that, pursuant to Government Code Section 20636 (c) (4) pursuant to Section
20691, normal member contributions (EMPC) Employer-Paid Member contributions will be
paid by the employer, City of Palm Springs, and reported to PERS as additional
compensation eamable for all members of Unit hired by the City prior to approval of this
MOU by the City Council. City will continue to make all PERS mandated Employer-Paid
Employer Contributions ("EPEC") including any increase in such contributions occasioned
by the conversion agreed to herein.
For employees hired after approval of this MOU by the City Council who are new
employees to the City but who are not new members (as defined by the Public Employee
Pension Reform Act of 2013) to PERS, they shall pay their 9% employee PERS
contributions for five years or as otherwise provided by agreement.
11.3 Level 4 Survivors Benefit.
The City will continue to contract with CalPERS for the Improved 1959 Level 4 Survivors
Benefit at no additional cost to the employee.
11.4 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
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that legislation which automatically goes into effect, it shall do so without impairing the
parties' MOU. Either party may request to negotiate over the impact of such subsequent
legislation.
For "new members" (as defined by the Act) who are employees initially 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
earnable 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.
12. SICK LEAVE
Members of the Fire Management Unit on a 40-hour work week shall accrue sick leave at
the rate of 8.57 hours for each full month of service. Members assigned to shift duty shall
accrue sick leave at the rate of one-half (1/2) shift or 12 hours for each full month of
service, to be earned and reported in shift hours.
New members shall be eligible to use accrued sick leave upon completion of one month of
employment.
Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or seven hundred and twenty(720)
hours. After the sick leave accrual in December of any year, employees who have
accumulated more than 720 hours during the preceding twelve (12) month period, unused
sick leave above 720 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 April 1, 2007, PSFMA members with accrued unused sick leave in excess of
the new 720 hour annual sick leave accrual cap will have all hours in excess of 720 placed
into a special excess sick leave bank. 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. Accrued unused sick leave in the excess sick leave bank shall be paid upon
retirement from the city service.
All accrued unused sick leave shall be paid upon retirement from the city service.
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13. EDUCATIONAL INCENTIVE PAY
Fire Management Unit employees can receive an additional 5% pay for an Associate's
Degree, 7.5% for a Bachelor's Degree or 10% for a Master's Degree from a college or
university accredited by either or both the Council for Higher Education Accreditation
("CHEA") and/or the U.S. Department of Education ("USDE").
City agrees to compensate Unit employee's over base pay, an additional 2.5% for a State
Fire Officer or Chief Officer Certificate.
14. PARAMEDIC PAY
Fire Captains shall be eligible to receive an additional 5.0% for obtaining and maintaining a
Paramedic Certificate.
15. BILINGUAL PAY
The City agrees to compensate Unit employees who are bilingual in Spanish an additional
five (5%) percent, but limited to one (1) person/shift. The City shall establish testing
procedures and employees are required to pass the test.
16. SALARIES
Effective January 1, 2014 — unit members shall receive a two and one half percent (2.5%)
salary increase.
17. ANNUAL LEAVE
Employees in the Fire Management Unit assigned a fifty-six (56) hour shift workweek shall
not accrue annual leave hours beyond the maximum of four hundred fifty-six (456) hours.
Unit employees assigned to a forty (40) hour workweek shall not accrue annual leave
hours beyond the maximum of three hundred twenty-five and seventy-one hundredths
(325.71) hours.
PSFMA members with accrued unused annual leave in excess of the new annual leave
accrual cap described above will have all hours in excess of 336 for 56 hour employees and
240 for 40 hour employees placed into a special excess annual leave bank. Employees can
draw against or cash out on a semi-annual basis as set forth below from this special excess
annual leave bank until all hours are exhausted. Accrued unused annual leave in the excess
annual leave bank shall be paid upon separation from the city service.
In July and December of each year, employees in the Fire Management Unit shall have the
option of converting accrued and vested annual leave into cash. Such conversion may be
for any amount of accrued and vested annual leave hours. Employees in the Fire
Management Unit shall be eligible to use annual leave as it is accrued. This option will be
13
made available on the last paydate of July and the first paydate of December as advised
by payroll.
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.
Accrual Rates for
yEmployees Hired Before July 5, 1981
-qu�1R5:O 3� 3'1NOA1 _ CIFONT
m: RerlvLav Deco
0 through 5 12 16.8
6 through 10 14 19.6
11 16.67 23.34
12 17.34 24.28
13 18 25.2
14 18.67 26.14
15 19.34 27.08
16 20 28
17 and after 20.67 28.94
Accrual Rates for Employees Hired After July 5, 1981
AOCR # GCRU
y�'p y�
1 4'i. F i
0 through 5 12 16.8
6 through 10 14 19.6
11 and after 16 22.5
A maximum of two Fire Management shift employee and one Fire Management
administration employee will be permitted to be on scheduled vacation at the same time.
The practice of allowing two Unit shift employees and two Fire Management shift employees
per shift to be on scheduled vacation simultaneously is to be continued, but in the event that
one Management employee schedules a given day for vacation, one additional Fire Safety
Unit employee (3 total) will be allowed to schedule that day off provided that no more than
four shift employees are scheduled off. If no Fire Management employees are scheduled
off, two additional Fire Safety Unit employees will be allowed to schedule that day off (4
total) provided no more than four shift employees are scheduled off.
Furthermore, in the event that one Fire Safety Unit shift employee schedules a given day for
vacation, one additional Fire Management shift employee (3 total) will be allowed to
schedule that day off provided no more than four shift employees are scheduled off. If no
Fire Safety employees are scheduled off, two additional Fire Management employees will be
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allowed to schedule that day off (4 total) provided no more than four shift employees are
scheduled off.
18. PAYMENT IN LIEU OF HOLIDAYS
In lieu of all City recognized holidays, Unit Members shall be paid 5.14 hours (for employees
working the suppression shift of an average of 56 hours per week) and 3.67 (for employees
working a 40 hour per week assignment) per pay period (the 24 pay periods when holiday in
lieu pay is paid to employees) at their straight time hourly rate.
19. COMPENSATORY TIME ACCUMULATION
The maximum accumulation cap is two hundred and forty (240) hours. Unit members with
compensatory time accumulation will have all hours placed into a special bank.
Employees can draw against or cash out on a semi-annual basis from this special bank
until all hours are exhausted. Upon separation, all unpaid accrued and vested
compensatory time will be paid at the employee's current salary rate.
20. DRUG POLICY/DRUG SCREENING
The City of Palm Springs, the Association and Fire Management Unit employees 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 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, the Association and Fire Management Unit employees recognize
that their future is dependent on the physical and psychological well-being of all employees.
The City and the Palm Springs Fire Management Association mutually acknowledge that a
drug and alcohol-free work environment benefits employees and citizens, and members
agree to comply with this policy at such time as a mutually agreed upon employee
assistance program is in place. The purpose of this article is to define the City's drug and
alcohol policy as well as the possible consequences of policy violation.
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
20.1
When reasonable suspicion exists, the City may require an employee to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis.
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Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably
prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so
that the employee's ability to perform the functions of the job is impaired or so that the
employee's ability to perform his/her job safely is reduced.
20.2
Any manager or supervisor requesting an employee to submit to a substance screening
shall document in writing the facts constituting reasonable suspicion and shall give the
employee a copy. This report must advise the employee of his right to representation. The
employee shall be given an opportunity to provide additional facts. An employee who is
then ordered to submit to a substance abuse screening may request to be represented.
Because time is of the essence in drug screening, a representative must be available within
a reasonable time or the employee will then be ordered to submit to a substance screening.
An employee who refuses to submit to a substance screening may be considered
insubordinate and shall be subject to disciplinary action up to and including termination.
20.3
The supervisor, or designee, shall transport the suspected employee to the testing facility or
shall call to the Police Station a licensed phlebotomist who will draw blood samples, when a
blood test is selected. Urine samples shall be taken at the Police Station under supervision
of the supervisor. Testing shall occur on City time and be paid for by the City. Employee
urine samples, or other body fluids, will be collected in a DOX Security Container System or
other system which includes methods or mechanisms designed to assure the integrity of the
sample. The facility used for testing shall be certified by the National Institute of Drug Abuse
and comply with established guidelines for "chain of custody" to insure that identity and
integrity of the sample is preserved throughout the collecting, shipping, testing and storage
process.
20.4
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.
20.5
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
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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.
20.6
Employees with substance abuse problems are encouraged to participate voluntarily in the
City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may be
sought by an employee with complete confidentiality and without adverse consequences to
his/her employment. Employees should be aware, however, that a request for assistance
through the EAP will not insulate the employee from disciplinary action already
contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive test
result, and/or other violation of this policy or other City/department rules and regulations, the
City will refer an employee to the EAP. Such referral could, at the discretion of the City, be
made available to the employee as an alternative to disciplinary action. Referral would be
subject to agreement by the employee to enroll, participate in and successfully complete a
rehabilitation and/or counseling program and other terms and conditions in a "Last Chance
Agreement", an exemplar copy of which is attached hereto as Exhibit "A".
21. ACTING ASSIGNMENTS
The Fire Management Unit employees who are required to work out of their existing
classification any time during any workday shall receive acting pay as follows:
21.1
For fire shift employees; if the employee works one tenth (1) through twelve (12) hours out
of classification, the employee shall receive an additional six-tenths (6) of an hour pay at his
regular hourly rate.
If the employee works more than twelve (12) and up to twenty-four (24) hours out of
classification, he shall receive 1.2 hours of pay at his regular hourly rate.
21.2
For 40-hour employees, if the employee is assigned to act out of classification for any time
during an eight (8) hour day, he shall receive .86 of an hour of pay at their regular hourly
rate. The Fire Chief will designate acting assignments for 40-hour employees.
21.3
When an employee works out of classification for a consecutive two (2) week period, a
Personnel Action Form shall be submitted designating that employee as acting in the
position he is holding. The employee's salary shall be raised to the lowest step on the range
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of the higher classification which will provide an increase in pay of at least five percent, but
not to exceed the top step of the new range.
22. OVERTIME
Fire Management employees, including the Fire Suppression Captains, Fire Prevention
Captains, Battalion Chiefs and the Deputy Chief shall be compensated for overtime
worked at a rate of fifty percent above the employee's regular hourly rate of pay for work
performed in excess of two hundred and four(204) hours per twenty seven (27) day work
period or in excess of forty (40) hours a week for those assigned positions. In addition to
the foregoing, when an employee is required to work outside the City per the City's
agreement to provide mutual aid in the City's California Fire Assistance Agreement with
the California Emergency Management Agency, the employee will paid at the rate of time
and one half for such shifts.
23. FORTY HOUR CONVERSION
Where appropriate, the benefits accorded members of the Fire Management Unit shall be
converted to accommodate the 40-hour/week-work schedule (shift hours/1.4 = 40 hour
conversion).
Employees who convert from a 56 hour per week suppression shift assignment to a 40
hour per week assignment shall have their leave accruals divided by 1.4 when entering
that assignment. Employees who convert from a 40 hour per week assignment to a 56
hour per week suppression shift assignment shall have their leave accruals multiplied by
1.4 when entering that assignment.
Conversion from shift scheduling to a 40-hour/week work schedule shall occur only at the
beginning of a pay period. Conversion from 40-hour/week schedule to shift scheduling shall
occur only at the beginning of a pay period. If an exception is deemed necessary, all hours
worked over 40 in either week of the pay period shall be compensated at fifty percent (50%)
above the employee's regular 40-hour hourly rate. Personnel on the 40-hr/week work
schedule shall have holiday pay incorporated into base pay and shall be allowed the
recognized holiday off.
24. WORK SCHEDULES
Fire Management Unit positions assigned to the classification of Fire Prevention Captain and
Deputy Chief shall be allowed to work on either a 4/10 schedule, or a 9/80 schedule, with the
understanding that such schedule is at the discretion of the Fire Chief.
City reserves the right to schedule hours of work. City and Association agree to meet and
confer on the impacts of any significant work schedule changes made to the work schedules
of members of Fire Management Unit, other than the 4/10 or 9/80 schedule described
above.
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25. TIME EXCHANGES
Unlimited time exchanges will be permitted between Fire Management Unit employees in
accordance with Fire Department policy and procedure.
26. EMERGENCY RECALL
When a Fire Management Unit employee is off-duty, and is called back to work, the
employee shall receive a minimum of four (4) hours pay or (4) hours compensatory time at
the department head's discretion, at overtime rate.
27. BOMB SEARCH
Fire Management Unit employees are not required to perform bomb searches. Upon receipt
of a bomb threat, Fire Management Unit employees shall be asked to stand by should
rescue or suppression become necessary.
28. JURY DUTY
Fire Management Unit employees who are called for and serve on jury duty, or to honor a
subpoena, will be given time off from work with pay. Compensation shall be the difference
between the employee's straight-time hourly rate for the straight-time hours normally worked
and the amount of compensation received for serving as a juror other than meal or
transportation reimbursement.
29. MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate.
30. UNIFORM ALLOWANCE
City agrees to pay a uniform allowance of $125.00/month to each Fire Management Unit
employee as a reimbursement for expenses incurred in the acquisition and maintenance of
uniforms.
A black shirt with PSFD patch for Fire Prevention Captains is permitted.
31. BODY PIERCING
No body piercing jewelry will be worn or displayed on any part of the body while on duty.
32. TATTOOS
Tattoos or temporary tattoos shall not be visible on the head, face, and neck or below the
elbow. Current employees whose tattoos were previously exempted from the policy shall
maintain the exemption.
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33. NON-SMOKING REQUIREMENT
Employees hired after July 1, 2011 must be non-tobacco users and must remain non-
tobacco users throughout the term of their employment. Employee in the association prior
to July 1, 2011 may not use tobacco products during working hours or at any City
sponsored event unless during break periods in outside designated areas only.
34. SIDA BADGES
All new employees shall obtain a SIDA Badge within first three months of employment, at
no cost to the employee.
35. IRS 125 PLAN
The City agrees to provide an IRS 125 Plan for 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.
36. FILLING VACANCIES
The City recognizes the value of promotion through the ranks in the Fire Department and
acknowledges its desire to offer promotional opportunities to members of the bargaining
unit. To that end, all vacancies will be open to internal candidates and their years of
service, qualifications and service to the City will be factors considered in making a final
decision. However, the City reserves the right to open such recruitments externally if it
determines it is necessary to do so based on the particular vacancy.
37. CHANGES DURING TERM AND REOPENERS
Waiver of Further Bargaining on Terms Within the MOU - The terms agreed upon by the
MOU shall take effect at the time specified herein upon approval by Resolution of the City
Council of the City of Palm Springs and shall remain in full force and effect until midnight,
June 30, 2014.
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PALM SPRINGS
POLICE MANAGEMENT
ASSOCIATION ( PSPMA)
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MEMORANDUM OF
UNDERSTANDING
JULY 11 2012 - JUNE 30, 2014
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The Palm Springs Police Management Association (PSPMA)
Memorandum of Understanding
July 1, 2012 — June 30, 2014
By Article Number
3. PAYROLL DEDUCTION...........................................................................................................................1
4. PRACTICES..............................................................................................................................................2
5. MAINTENANCE OF BENEFITS...............................................................................................................2
6. STRIKES AND WORK STOPPAGES......................................................................................................2
7. HEALTH, DENTAL,VISION AND OTHER INSURANCE ........................................................................3
8. HEALTH INSURANCE FOR RETIREES..................................................................................................4
9. RETIREMENT...........................................................................................................................................4
11. DISPOSITION OF SICK AND EXCESS SICK LEAVE UPON SEPARATION.......................................6
12. SALARIES ..............................................................................................................................................6
13. MILEAGE................................................................................................................................................6
14. HOLIDAYS..............................................................................................................................................6
15.WORK SCHEDULE................................................................................................................................7
16. OVERTIME .............................................................................................................................................7
17. DRUG POLICY/DRUG SCREENING.....................................................................................................7
18. EDUCATIONAL INCENTIVE PAY..........................................................................................................9
19. UNIFORM AND CELL PHONE ALLOWANCE....................................................................................10
20. ANNUAL LEAVE...................................................................................................................................10
21. SICK LEAVE.........................................................................................................................................10
22. PERSONAL DAYS................................................................................................................................11
23. LONGEVITY PAY.................................................................................................................................11
24. TAKE HOME VEHICLE PROGRAM....................................................................................................11
TAKE HOME VEHICLES............................................................................................................................12
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MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND
THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA)
REPRESENTING THE POLICE MANAGEMENT ASSOCIATION
JULY 1, 2012 - JUNE 30, 2014
This Memorandum of Understanding is entered into with reference to the following
facts.
A. The Palm Springs Police Management Association, hereinafter referred to as the
Association, is the exclusive recognized employee organization for members it represents
employed by the City in the Police Management Unit as defined in Section 8.1.4 of the
Employer-Employee Relations Resolution, Resolution 16438, as amended by Resolution
17793.
B. The Association and the Municipal Employee Relations Representative, hereinafter
referred to as the MERR, have met and conferred in good faith on wages, hours and
other terms and conditions of employment for the employees represented by the
Association in the aforesaid group and have reached agreements which are set forth in
this Memorandum of Understanding, hereinafter referred to as the MOU.
THE ASSOCIATION AND MERR agree as follows:
1. JOINT RECOMMENDATION
This MOU constitutes a joint recommendation by the Association and the MERR, to be
submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
2. TERM
This MOU recommended to the City Council shall be for the period commencing July 1,
2012, and terminating at midnight, June 30, 2014; provided, however, that specific
sections of this MOU shall have later effective dates as specified herein.
3. PAYROLL DEDUCTION
The City will provide payroll deduction on request of the Association for dues,
assessments, and other deductions authorized by the Association. Remittance will be bi-
weekly to the Association's treasurer.
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4. PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover
matters pertaining to employer-employee relations including, but not limited to, wages,
salaries, benefits, hours and other terms and conditions of employment. Therefore, it is
agreed that all such ordinances, resolutions and policies, including Sections 4,5,6,7 and
13 only of the Employer-Employee Relations Resolution 16438 are hereby incorporated
by this reference and made a part hereof as though set forth in full and except as
provided herein shall remain in full force and effect during the term hereof. The City and
its employees shall continue to have the rights and prerogatives as set forth in Sections
4,5,6,7 and 13 of Resolution 16438, and nothing in this MOU shall be deemed in any
manner to abridge, restrict or modify the same except as limited by the Strikes and Work
stoppages section of this MOU.
5. MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the
members represented by the Association shall not be deemed affected by this MOU,
except as specifically modified by provisions hereof or by actions taken in implementation
hereof.
6. STRIKES AND WORK STOPPAGES
6.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that during
the term of this Agreement, they will not cause or condone any strike, walkout, slowdown,
sick out, or any other unlawful job action by withholding or refusing to perform services.
Any employee who participates in any prohibited conduct listed above shall be subject to
suspension, demotion, or dismissal by the City.
In addition to any other lawful remedies or disciplinary actions available to the City, if the
Association fails, in good faith, to perform all responsibilities listed below as Association
Responsibility, the City may suspend any and all rights and privileges accorded to the
Association in this Agreement, including but not limited to suspension of the Grievance
Review Procedure and Dues Deduction.
6.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage
in any Prohibited Conduct, the Association shall immediately instruct any persons
engaging in such conduct that their conduct is in violation of this Agreement and unlawful,
and they must immediately cease engaging in conduct prohibited in said Section 6.1 and
return to work.
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7. HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to PSPMA 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 PSPMA 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
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.
7.1 Health. Dental and Vision Insurance—Current Employees
The City agrees to contribute up to the amounts below for calendar year 2012 for PSPMA
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 Parry $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.
7.2 Term Life Insurance
The City agrees to provide ($20,000) Term Life Insurance coverage at no cost to
employees in the unit.
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7.3 AD&D Coverage
The City agrees to provide coverage of $20,000 for Accidental Death and
Dismemberment (AD&D).
8. HEALTH INSURANCE FOR RETIREES
Tier I:
In service employees hired prior to (or received a written offer of employment) prior to
October 20, 2005 shall receive health insurance for retirees as follows:
A. After 20 years of continuous full time service, 75% of the premium for retirees health
insurance coverage will be paid by the City.
B. After 25 years of continuous full-time service, 100% of the premium for retirees health
insurance coverage will be paid by the City.
The City's contribution as described above will be based on the coverage type (single,
two-party or family) in effect at the time of retirement.
In the event of the employee's death, the City's contribution will end. The surviving
spouse may remain on the plan as a retiree without a City contribution to the premium.
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.
All Employees who become eligible to receive Medicare must enroll in Medicare Part A
and B to remain eligible to receive the above contributions.
Tier II:
For all employees initially hired by the City after October 20, 2005, there will be no
City contribution for retiree health benefits. The City will, however, make a $50.00
per month contribution to an employee Retiree Health Savings Plan and the
associated fixed dollar cost of administration.
9. RETIREMENT
9.1 PERS Contributions - Public Emolovees' Retirement System
For employees hired by the City prior to approval of this MOU by the City Council the City
shall pay each 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%). City Agrees that, pursuant to Government Code Section
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20636(c)(4) pursuant to Section 20691, normal member contributions (EPMC) Employer-
Paid Member Contributions will be paid by the employer, City of Palm Springs, and
reported to PERS as additional compensation for all members of Association hired by the
City prior to approval of this MOU by the City Council. City will continue to make all PERS
mandated Employer-Paid Contributions ("EPEC"). Said payment made by the City shall
be for the employee's contributions, not to exceed nine percent (9%).
For employees hired after approval of this MOU by the City Council who are new
employees to the City but who are not new members (as defined by the Public
Employee Pension Reform Act of 2013) to PERS, they shall pay their 9% employee
PERS contributions for five years or as otherwise provided by agreement.
9.2 PERS Safety Plan
The City will continue to contract with PERS for the Improved 1959 Level 4 Survivors
Benefit at no additional cost to the employee.
The City agrees to contract with PERS for the 3% @ 50 Safety formula for members of
the PSPMA hired prior to June 17, 2011. Employees who were members of the
Association prior to June 17, 2011 or who are promoted or transferred into the
Association after June 17, 2011, but who were employed by the City as a CalPERS
Safety member prior to June 17, 2011 shall also continue to receive the 3% @ 50
retirement formula.
For Association members initially hired between June 17, 2011, and December 31, 2012
they will receive the 3%@ 55 retirement formula provided by the Public Employees'
Retirement System.
9.3 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 initially 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
earnable during the three consecutive years of employment immediately preceding the
effective date of his or her retirement.
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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.
10. FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable
Federal and State laws and regulations and the provisions hereof shall be effective and
implemented only to the extent permitted by such laws and regulations. If any part of this
MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws
or regulations, or otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded by
such applicable laws and regulations and the remainder of this MOU shall not be affected
thereby and shall remain in full force and effect.
11. DISPOSITION OF SICK AND EXCESS SICK LEAVE UPON SEPARATION
Accrued sick and excess sick leave shall be paid upon retirement from the City service.
Upon separation all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of deceased
employees shall be paid to the estate of said deceased except as otherwise provided by
law. Employees in the Association may designate who shall receive their final paycheck,
including the cash out of accrued leave.
12. SALARIES
Effective January 1, 2013 — unit members shall receive a two and one half percent
(2.5%) salary increase
13. MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive
vehicle travel is required, a City vehicle should be provided and the auto allowance will
not be removed until the issue is reconciled.
14. HOLIDAYS
For Police Management Association personnel who became members of the Association
before July 1, 2010 they shall receive: 1) 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; and 2)the
holidays provided in personnel rule 6.4.2. For employees hired after July 1, 2010, the
parties agreed to modify personnel rule 6.4.2 as applicable to this Association which
provides the holiday schedule by deleting Lincoln's Birthday and modifying the title of
Washington's Birthday to President's Day.
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For Police Management Association personnel who became members of the Association
after July 1, 2010 they shall receive in lieu of all City recognized holidays, 3.67 hours per
pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their
straight time hourly rate.
15. WORK SCHEDULE
Association members are ordinarily allowed to work a 4/10 or three (3) twelve and a half
(12 'Y2)flex workweek at the discretion of the Chief of Police
16. OVERTIME
Overtime shall be earned by members of the Association who work more than eighty (80)
hours over the two-week pay period. For overtime computation, hours worked include
any leave of absence with pay. Police Lieutenants shall be compensated for overtime
worked at a rate of fifty percent (50%) above the employee's regular hourly rate for the
time worked in excess of forty (40) hours per work week. For the purpose of overtime
computation, the forty (40) hours are to include any leave or absence with pay. Police
Lieutenants must be authorized by the Chief of Police or Police Captains to work
overtime. Notwithstanding the work schedule utilized by the Department, the City has
adopted the 28 day work period in accordance with Section 7(k) of the Fair Labor
Standards Act. The City will pay overtime as described above in excess of the
requirements of the law. Both Police Captains and Police Lieutenants qualify as overtime
exempt per the FLSA as managers who qualify for the Executive Exemption of the FLSA.
Thus, the overtime provided herein is provided per this MOU and not per the
requirements of the FLSA.
17. 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".
PSPMA and the City recognize that their future is dependent on the physical and
psychological well-being of all employees. PSPMA and the City mutually acknowledge
that a drug and alcohol-free work environment benefits employees and citizens, and
members agree to comply with this policy at such time as a mutually agreed upon
employee assistance program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as the
possible consequences of policy violation.
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17.1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is
strictly prohibited.
17.2
When reasonable suspicion exists, the City may require an employee to submit to a
substance screening. The employee will be given the option to select a blood test or
urinalysis. Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the influence of
drugs or alcohol so that the employee's ability to perform the functions of the job is
impaired or so that the employee's ability to perform his/herjob safely is reduced.
17.3
Any manager or supervisor requesting an employee to submit to a substance screening
shall document in writing the facts constituting reasonable suspicion and shall give the
employee a copy. This report must advise the employee of his right to representation.
The employee shall be given an opportunity to provide additional facts. An employee
who is then ordered to submit to a substance abuse screening may request to be
represented. Because time is of the essence in drug screening, a representative must be
available within a reasonable time or the employee will then be ordered to submit to a
substance screening. Any employee who refuses to submit to a substance screening
may be considered insubordinate and shall be subject to disciplinary action up to and
including termination.
17.4
The supervisor, or designee, shall transport the suspected employee to the testing facility
or shall call to the Police Station a licensed phlebotomist who will draw blood samples,
when a blood test is selected. Urine samples shall be taken at the Police Station under
supervision of the supervisor. Testing shall occur on City time and be paid for by the City.
Employee urine samples, or other body fluids, will be collected in a DOX Security
Container System or other system that includes methods or mechanisms designed to
assure the integrity of the sample. The facility used for testing shall be certified by the
National Institute of Drug Abuse and comply with established guidelines for "chain of
custody" to insure that identity and integrity of the sample is preserved throughout the
collecting, shipping, testing and storage process.
17.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound method.
An employee who tests positive on a confirmatory test will be given the opportunity to
discuss the results with a physician to be designated by the City. The employee should
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be prepared at that time to show proof of any valid medical prescription for any detected
substance or to otherwise explain, if he or she so chooses, a positive test result.
17.6
While use of medically prescribed medications and drugs is not per se a violation of this
policy, this policy shall establish that no employee shall operate a City vehicle or
dangerous machinery or equipment while taking any kind of medication or drugs which
are clearly marked that they may cause significant drowsiness or impair an employee's
performance. An employee shall notify his/her supervisor, before beginning work, when
taking such medications or drugs. In the event there is a question regarding an
employee's ability to safely and effectively perform assigned duties while using such
medications or drugs, clearance from a physician designated by the City may be required.
The City reserves the right to send an employee home on sick leave under these
circumstances.
17.7
Employees with substance abuse problems are encouraged to participate voluntarily in
the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP
may be sought by an employee with complete confidentiality and without adverse
consequences to his/her employment. Employees should be aware, however, that a
request for assistance through the EAP will not insulate the employee from disciplinary
action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination, positive
test result, and/or other violation of this policy or other City/department rules and
regulations, the City will refer an employee to the EAP. Such referral could, at the
discretion of the City, be made available to the employee as an alternative to disciplinary
action. Referral would be subject to agreement by the employee to enroll, participate in
and successfully complete a rehabilitation and/or counseling program and other terms
and conditions in a "Last Chance Agreement."
18. EDUCATIONAL INCENTIVE PAY
1. PSPMA members will be eligible to receive an additional 5% in compensation for a
Master's Degree from a college or university accredited by either the Council for Higher
Education Accreditation ("CHEA") or the U.S. Department of Education ("USDE"); or
upon possession of a Management Certification issued by Peace Officers Standards
and Training (POST).
2. PSPMA members may be eligible to receive an additional 5% in compensation for their
bilingual services. The City Manager shall determine the language needs as well as
the number of employees eligible for such premium pay.
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19. UNIFORM AND CELL PHONE ALLOWANCE
The City agrees to continue paying a uniform and safety equipment allowance to each
swom member, and uniformed non-swom members of this Unit as a reimbursement for
expenses incurred for acquisition and maintenance of uniforms and safety equipment in
an amount of one hundred thirty five dollars ($135) per month. The City will pay each
Unit member fifty dollars a month ($50) Cell Phone Allowance in lieu of a City provided
cell phone.
20. ANNUAL LEAVE
PSPMA Association members shall be eligible to use annual leave as it is accrued.
Annual leave shall accrue to a maximum of four hundred (400) hours. PSPMA
Association members may request payment of vacation leave in lieu of time off. Such
cash-ins of vacation leave will be permitted twice per year on the second pay-day in July
and on one on the first pay-day in December.
Effective January 1, 2008, all accrued and unused Annual Leave was placed in a special
excess annual leave bank. Association members can draw against this special excess
annual leave bank at any time; or may cash out hours on a semi-annual basis until all
hours are exhausted. Accrued unused annual leave in the excess annual leave bank
shall be paid upon separation from City service.
PSPMA members hired before July 5, 1981 shall accrue 20.67 hours of annual leave per
month.
PSPMA Association members hired on or after July 5, 1981 shall accrue annual leave on
a monthly basis in accordance with the following schedule:
0 Through 5 12
6 Through 10 14
11 and after 16
Annual leave is vested. This means that once earned, it cannot be taken away by the
City. Association members can either use the annual leave or cash it out as described in
this Article.
21. SICK LEAVE
PSPMA employees shall accrue ten (10) hours of paid sick leave each month they remain
in paid status for the entire month.
At the beginning of each calendar year, an employee may only have a maximum of 520
hours of sick leave on the books. If, prior to the issuance of the last paycheck of the
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calendar year in December, an employee has in excess of 520 hours of sick leave on the
books, he/she will be cashed out of all such sick leave (the hours in excess of 520 hours)
at the employee's straight time hourly rate of pay.
22. PERSONAL DAYS
Employees who entered the Association prior to July 1, 2010 who either are Police
Captains or who attain the rank of Police Captain in the future will be permitted to use up
to six (6) personal days per year The personal days do not accrue and have no cash
value. Thus, if eligible employees do not use the personal days within the calendar year
they will not be permitted to use them in the future or cash them out at any time.
Employees who entered this Association after June 30, 2010, are not eligible to use
personal days when they become a Police Captain.
23. LONGEVITY PAY
Police Management Association employees who have completed fifteen (15) years
continuous years of service with the City of Palm Springs receive an additional 5% in
compensation as longevity pay. Effective July 1, 2010, any employee who was not
receiving longevity pay as of that date, is not eligible to receive it.
24. TAKE HOME VEHICLE PROGRAM
This policy is attached and incorporated by reference into this Agreement.
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11
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 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.
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.
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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.
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13
PALM SPRINGS POLICE
OFFICERS' ASSOCIATION
( PSPOA)
O� 2ALM sA
4 :
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PORAS4O
C'41/FORN�P
MEMORANDUM OF
UNDERSTANDING
JULY 11 2012- DUNE 30, 2014
36
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 SPAN ISH-SPEAKING OFFICERS....................................................................15
24. LIGHT DUTY ASSIGNMENTS..................................................................................................................16
25. DRUG POLICY/DRUG SCREENING........................................................................................................16
26. ASSOCIATION SPECIAL EVENT TIME..................................................................................................18
27. FEDERAL AND STATE LAWS.................................................................................................................18
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
37
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
38
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 swom 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;
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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;
2.13
To establish reasonable work and safety rules.
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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)
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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
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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 Employees
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.
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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 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.
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
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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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.. e .. ,.... . .y ,.am
. .
h
P.
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 (91h 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 Emolovees
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.
Janua 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 City's drag 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
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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 govem 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 party.
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
earnable 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 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.
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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