HomeMy WebLinkAbout7/15/2009 - STAFF REPORTS - 2.T. o� PLI M SA4
iy
u' �n
rto,.
°4`,F°R`'�P City Council Staff Report
DATE: July 15, 2009 Consent
SUBJECT: Memorandum of Understanding — Palm Springs Police Officers
Association (PSPOA)
FROM: David H. Ready, City Manager
BY: Human Resources
SUMMARY
The City has reached a tentative agreement with the Palm Springs Police Officers
Association (PSPOA). The City Council will consider adopting a Resolution approving a
contract or Memorandum of Understanding between the City and PSPOA.
Recommendation:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM
OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS
AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS POLICE OFFICERS ASSOCIATION (PSPOA), FOR THE PERIOD
JULY 1, 2009 THROUGH JUNE 30, 2010, SUBJECT TO UNIT'S RATIFICATION
AND EXECUTING THE MEMORANDUM OF UNDERSTANDING.
2. Authorize the City Manager to execute the Memorandum of Understanding in a
form approved by the City Attorney.
STAFF ANALYSIS:
The City, through its Municipal Employee Relations Representative (MERR), and
representatives of the Palm Springs Police Officers Association (PSPOA) have met and
conferred in good faith with the Municipal Employee Relations Representative (MERR)
and have reach agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within the
Police Safety Unit for the period July 1, 2009 through June 30, 2010.
ITEM NO. c'
City Council Staff Report
July 15, 2009 -- Page 2
Memorandum of Understanding - PSPOA
The PSPOA and the MERR jointly recommend adoption of such MOU by the City
Council.
FISCAL IMPACT-
There is no fiscal impact.
Susan Mills, Directo of-Human Resources David H. Ready anager
n
0 ¢:C
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS APPROVING A
MEMORANDUM OF UNDERSTANDING RELATIVE
TO WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN THE PALM SPRINGS POLICE
OFFICERS ASSOCIATION (PSPOA), FOR THE
PERIOD JULY 1, 2009 THROUGH JUNE 30, 2010,
SUBJECT TO UNIT'S RATIFICATION AND
EXECUTING THE MEMORANDUM OF
UNDERSTANDING.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or
through a delegee) as the Municipal Employee Relations Representative (MERR)
who shall be the City's principal representative on all matters of employer-
employee relations, with authority to meet and confer in good faith on matters
within the scope of representation, including wages, hours, and other terms and
conditions of employment; and
WHEREAS, the City, through its Municipal Employee Relations Representative
(MERR), has met and conferred in good faith on wages, hours, terms and other
conditions of employment with the Palm Springs Police Officers Association
(PSPOA) representing the Police Safety Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and PSPOA
have reached agreement on the terms and conditions of a Memorandum of
Understanding (MOU) governing employees of the City of Palm Springs within
such Police Safety Unit, subject to ratification by the Unit; and
WHEREAS, PSPOA and the MERR jointly recommend adoption of such MOU by
the City Council.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the Memorandum of Understanding between PSPOA and
MERR, for the period July 1, 2009 through June 30, 2010, on file with the City
Clerk and incorporated herein by this reference, is hereby approved upon
ratification and execution of said Memorandum of Understanding in a form
approved by the City Attorney.
Resolution No.
Page 2
ADOPTED THIS 15th day of July, 2009.
David H. Ready, City Manager
ATTEST.
James Thompson, City Clerk
604
Resolution No
Page 3
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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
• t�Qv
MEMORANDUM OF UNDERSTANDING ("MOU") BETWEEN THE MUNICIPAL
EMPLOYEE RELATIONS REPRESENTATIVE (MERR) REPRESENTING THE CITY OF
PALM SPRINGS AND THE PALM SPRINGS POLICE OFFICERS' ASSOCIATION
(PSPOA) REPRESENTING THE POLICE SAFETY UNIT
JULY 1, 2009 —JUNE 30, 2010
This Memorandum of Understanding ("MOU") is entered into with reference to the
fallowing facts:
ARTICLE 1 - RECOGNITION
Pursuant to the provisions of the Meyer-Milias-Brown Act., Government Code
Section 3500, et. Seq., the City of Palm Springs (hereinafter called the "City")
continues to be recognized the Palm Springs Police Officers' Association (herein
called the "Association") as the exclusive recognized employee organization for the
employee unit of representation known as the Police Safety Unit, which is
comprised of all employees in the Police Department who are sworn police officers
below the rank of Police Lieutenant (see Resolution No. 17793).
ARTICLE 2 - CITY RESPONSIBILITIES AND RIGHTS
In order to insure that the City is able to carry out its functions and responsibilities
imposed by law, the City of Palm Springs has and will retain the exclusive right to
manage and direct the performance of City services and the work force performing
such services and therefore the following matters shall be within the exclusive
discretion of the City:
2.1
To determine issues of public policy;
2.2
To determine the merits, necessity, or organization of any service or activity
conducted by the City;
2.3
To determine and change the facilities, methods, means, and personnel by which
City operations are to be conducted;
2.4
To expand or diminish services;
i
- GUS
2.5
To determine and change the number of locations, relocations, and types of
operations and the processes and materials to be employed in carrying out all City
functions, including but not limited to, the right to subcontract any work or
operations;
2-6
To determine the size and composition of the work force, to assign work to
employees in accordance with requirements as determined by the City and to
establish and change work schedules and assignments, and to determine the days
and hours when employees shall work;
2.7
To relieve employees from duty because of lack of work or other non-disciplinary
reasons;
2.8
To discharge, suspend, or otherwise discipline employees for proper cause in
accordance with established personnel rules;
2.9
To determine job classifications;
2-10
To hire, transfer, promote, and demote employees for non-disciplinary reasons;
2-11
To determine policies, procedures and standards for selecting, training and
promotion of employees;
2.12
To establish employee performance standards including but not limited to, quality
and quantity standards;
2
2,13
To establish reasonable work and safety rules.
2.14
The City, in exercising these rights and functions, will not discriminate against any
employee because of membership or non-membership in any employee
organization.
2.15
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a significant number of members
of the Police Safety Unit, the City and the Association agree to meet and confer in
good faith with representatives of the Association regarding the impact of the
contemplated exercise of such rights prior to exercising such rights, unless the
matter of the exercise of such rights is provided for in this Agreement.
ARTICLE 3 - ASSOCIATION RIGHTS
3.1
Deduction of dues and/or Association sponsored programs.
3.2
The Association shall have the right to use a Police Department bulletin board for
communications with its members. Any communication shall be in accordance with
applicable ordinances, statutes and laws.
3.3
The Association shall have the right and responsibility to use and maintain the
"Officer/Employee of the Year Photo Display."
ARTICLE 4 - HOURS OF WORK
4.1 Work Week
The normal work week for full-time employees is forty (40) hours consisting of five
(5) eight (8) hour or four(4) ten (10) hour work days during the seven (7) day period
starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
3
4.2 Schedule- Specified, Non-Patrol Safety Unit Members
For the term of this MOU, Police Safety unit positions assigned to patrol duty,
motorcycle duty or detective duty, the Personnel & Training Sergeant, the Traffic
Sergeant, and Canine patrol officers, but excluding the School Campus Officer,
shall be allowed to work on a four(4) ten (10) schedule, with the understanding that
such schedule can include weekends at the discretion of the Police Chief. It is also
agreed that the Personnel & Training Sergeant, and the Traffic Sergeant shall be
subject to a "flex schedule", in that their time worked would be adjusted to minimize
overtime and provide flexibility in performing their duties, attending official events
and functions at which their attendance is necessary, in such a manner that their
(3) days off per week may not be contiguous nor would their hours of work always
be on a rigid schedule.
4.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee of
hours of work per day or per work week or of days of work per work week in the
event that the City has a fiscal budget crisis declared by the City Manager.
4.4 Shift Assiqnments
For shift selection purposes, the early and late day shifts shall be considered
separate, as it pertains to the four (4) ten (10) Plan. Police Safety Unit employees
agree to mutually develop a shift selection procedure with the Chief of Police to be
incorporated into this MOU.
4.5 Work Commuting
Any Police Safety Unit member hired after July 1, 2000 shall live within an hour's
distance of the Police Department so that the officer is able to report to work within
an hour.
ARTICLE 5 - WAGES
07-01-09 (0%) No increase to base salaries for the term of the contract.
ARTICLE 6 - PROBATIONARY PERIOD FOR POLICE OFFICERS
This MOU includes and incorporates by reference herein Section 11.2 of the City's
Personnel Rules which have been amended as follows:
4
Section 11.2 establishes a modification in the probationary period for the position of
Police Officer from twelve to eighteen months. However, such probationary
employee may be eligible for a merit increase at the sole discretion of the Chief of
Police upon completion of twelve (12) months service. After completion of the
eighteen-month probationary period, if the Police Officer becomes "regular status",
then the City will, if the employee was not granted a merit increase upon twelve
(12) months of initial service as provided above, pay the Police Officer six months
retro pay. The employee's anniversary date for future merit increases shall be the
twelve month anniversary of the employee's hire date.
ARTICLE 7 - OVERTIME
7.1 Policy
Police Safety Unit members are eligible to receive overtime pay or compensatory
time, but they shall not work overtime unless authorized in advance to do so by the
Police Chief or an appropriate authorized supervisor. The Police Chief shall be
responsible for keeping accurate records of all overtime worked by employees. The
City agrees to increase the minimum hourly requirements for contract overtime from
three (3) to four(4) hours.
7.2 Police Safety Unit
Members of the Police Safety Unit shall be compensated for overtime worked at a
rate of fifty percent (50%) above the employee's regular hourly rate of pay for the
time worked in excess of forty (40) hours per work week. For overtime computation,
the forty hours worked are to include any leave of absence with pay.
7.3 Eligible Employees
At the Police Chiefs discretion, employees eligible to receive overtime pay may be
granted compensatory time in lieu of overtime pay in accordance with the rates and
provisions provided in this MOU for overtime.
7.4 Using Compensatory Time
The Police Chief or the Police Chiefs Designee shall approve compensatory time
off as soon as operationally practical. Requests received with reasonable advance
notice shall be approved as long as there is adequate staffing for that shift.
Requests for time off will be considered in priority order in which they were
received. The Police Chief or his/her designee may authorize overtime to fill shift
vacancies created by comp time off requests. There shall be no obligation to grant
all requests for time off should numerous requests be received simultaneously. The
Department will hire back up to two employees per shift as long as replacement
5
officers can be hired. No officer shall be compelled to work in order to grant
another employee compensatory time off.
7.5 Maximum Accumulation
No Police Safety Unit employee shall accumulate compensatory time in excess of
one hundred and sixty (160) hours. An employee who has accumulated the
maximum amount of compensatory time shall not work overtime on a
compensatory time basis until the accumulation has been reduced to less than the
maximum accumulation allowed under this MOU.
7.6 Using Compensatory Time for Paid Sick Leave
Compensatory time may be used for paid sick leave purposes only if an employee
has exhausted all accrued paid sick leave, has requested the use of compensatory
time, has received the approval of the Police Chief, and has such compensatory
time available.
ARTICLE 8 - CALL BACK
8.1 Call Back Pay
When an employee is called back to work, the employee shall receive a minimum
of four (4) hours pay or four (4) hours of compensatory time. The Police Chief shall
determine whether the employee receives pay or time. An employee who is called
in less than four(4) hours early for his regularly scheduled shift shall receive pay for
the time actually worked but shall not be entitled to a minimum guarantee of four(4)
hours pay or four(4) hours of compensatory time_
8.2
Police Safety Unit employees called out or called back shall be paid for actual travel
time not exceeding one-half (1/2) hour which is included in the four (4) hour
minimum.
ARTICLE 9 - COURT APPEARANCES
9.1 Compensation for Safety Police Unit Employees' Court Appearances
Police Safety Unit members who are subpoenaed to appear in court during non-
working hours regarding official City business, shall be paid for actual court time
with a minimum of four (4) hours pay for each day's appearance at one and one-
half(1-1/2) times the officer's regular hourly rate of pay, effective 7-1-1999.
6
9.2
If a subpoena of the type referred to in section 8.1, above, is cancelled twenty-four
(24) hours or more before the employee is scheduled to appear or by the end of the
employee's last shift prior to the scheduled appearance time, whichever is later, no
payment shall be due to the employee- If the subpoena is cancelled less than
twenty-four hours prior to the scheduled appearance or later than the end of the
employee's last shift prior to the scheduled appearance time, whichever is later, the
employee shall be paid a cancellation fee of Fifty Dollars ($50.00). Employees are
required to call in to the court liaison officer or his/her backup to determine whether
or not the subpoena has been cancelled- If an employee fails to call in sufficient
time to avoid a cancellation fee, no fee shall be paid if the subpoena had in fact
been cancelled and the information was available from the liaison officer or his/her
backup. Similarly, no court pay shall be paid under section employee failed to call in
and the subpoena had in fact been cancelled-
ARTICLE 10 - PAYMENT IN LIEU OF HOLIDAYS
Police Safety Unit members, in lieu of all City recognized holidays, shall be paid
4.0 hours per pay period at their straight time hourly rate.
ARTICLE 11 - ANNUAL LEAVE
11.1 Definition
Annual leave is the period of approved absence with pay from regularly scheduled
work that is not properly chargeable to some other category of leave-
11.2 Annual Leave Accrued While on Sick Leave
Annual leave shall accrue while an employee is on approved sick leave or
occupational sick leave as provided in this MOU up to the maximum of four
hundred (400) hours-
11.3 Annual Leave for Reinstated Employees
Notwithstanding other provisions of this MOU, for annual leave purposes only,
eligible reinstated employees shall receive service credit for the most recent prior
regular employment and shall accrue annual leave commencing with the effective
date of such reinstatement at the current accrual rate applicable to the service
credit they received.
7
- UJ G
11.4 Annual Leave General Provisions
The time when annual leave may be taken will be at the discretion of the Police
Chief. For purposes of computing annual leave usage, regularly assigned days off
shall not be counted as "working days." Annual leave shall be paid at the
employee's straight time hourly rate of pay in effect during the leave period.
11.5 Accrual Rates
For members the Police Safety Unit, annual leave shall accrue and vest on the
basis of each full month worked in accordance with the following schedule:
YEARS OF SERVICE HOURS ACCRUED
& VESTED FOR EACH
FULL MONTH WORKED
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
8
shall be permitted twice per year on the last pay day of July, and the first pay day of
December.
11.0 Disposition of Annual Leave Upon Separation
Upon termination, all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
ARTICLE 12 - SICK LEAVE
12.1
Police Safety Unit member covered by the provisions of Labor Code Section 4850
who are compelled to be absent from duty because of illness or injury covered by
State of California Worker's Compensation Insurance & Safety Act shall, in lieu of
temporary disability compensation payable under the aforementioned Act, continue
to be paid his/her normal salary and accrue other benefits in accordance with the
provisions of Labor Code Section 4850.
12.2
Any period of time during which an employee is required to be absent from his/her
her position by reason of an industrial injury or industrial illness for which he/she is
entitled to receive compensation, shall not be considered a break in continuous
service for the purpose of his/or her right to salary adjustment or to the accrual of
vacation/sick leave and seniority.
12.3 Sick Leave Maximum Accrual
Sick leave shall accrue to a maximum of three (3) months or five hundred and
twenty (520) hours. As of January 1, 2010, employees who accumulate over 520
sick leave hours will have an opportunity to cash out the excess hours over the
520 sick leave hours twice per year on the last pay day of July and the first pay
day of December. Employees will have the option of depositing the excess hours
to Deferred Camp or convert the excess hours to cash.
Commencing January 1, 2007, PSPOA Members with accrued unused sick leave
in excess of the new 520 hour annual sick leave accrual cap will have all hours in
excess of 520 placed into a special excess sick leave bank that will exist for four
years. During the four years employees can draw against or cash out on a semi-
annual basis as set forth below from this special excess sick leave bank until all
hours are exhausted. If the special excess sick leave bank is not exhausted by the
9
u ?
end of four years, then the City will cash out and eliminate the special leave bank
effective December 30, 2010.
12.4 Accrual Rates
Full-time employees shall for the first twelve (12) months of continuous service
accrue sick leave at the rate of five (5) hours for each full month of service, and
park-time employees normally working not less than twenty (20) hours per week
shall accrue sick leave at the rate of two and a half (2.5) hours for each full month
of service.
After completion of twelve (12) months of continuous service, full-time employees
shall earn sick leave at the rate of ten (10) hours for each full month of service and
part-time employees normally working not less than twenty (20) hours per week
shall accrue sick leave at the rate of five (5) hours for each full month of service.
12.5 Eligible to Use
Police Safety Unit employees are eligible to use accrued sick leave upon
completion of six(6) continuous months of service with the City of Palm Springs.
12.6 Disposition of Sick Leave Upon Separation
Police safety employees shall be paid for accrued, vested and unused sick leave
and excess sick leave upon a public safety service or disability retirement. All
unpaid accrued and vested sick leave of deceased employees shall be paid to the
estate of said deceased except as otherwise provided by law.
ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1 Uniform and Safety Equipment
The City agrees to continue paying a uniform and safety equipment allowance to
each Police Safety Unit member as a reimbursement for expenses incurred for
acquisition and maintenance of uniforms and safety equipment in an amount of one
hundred and thirty-five dollars ($135) per month. Motor officers shall receive one
hundred and sixty dollars ($160) per month. The parties expressly agree that the
payment each month of said allowance will cover the expenses of acquisition and
replacement of all uniforms and safety equipment required for the various
assignments of police officers and police sergeants, and that said allowance will
meet any and all obligations the City has by law to provide, furnish, use, or provide
for the said uniforms and safety equipment. Employees shall be required to buy
their own required uniforms and safety equipment and to maintain and replace,.
io
when necessary, any of the said items, from moneys received from the afore stated
allowance. In consideration of the City's agreement to pay said allowance, the
PSPOA agrees not to commence during the effective period of this MOU, any
litigation or other proceeding in which it is contended the City is failing to comply
with a legal obligation to provide safety equipment.
13.2 Cell Phone Allowance
Effective January 1, 2007, the City agrees to pay a cell phone allowance to each
Police Safety Unit member as a reimbursement for expenses incurred for
acquisition and maintenance of a personal cell phone in an amount of fifty dollars
($50) per month. Each Police Safety Unit member will be required to turn in their
City furnished cell phone on or before January 31, 2007. Commencement of the
Cell Phone Allowance for each Police Safety Unit member is contingent upon
receipt of their City furnished cell phone.
It is the policy of the Palm Springs Police Department that each Police Safety Unit
member will be required to have a cellular telephone for official Department
business use. These eligible employees shall provide the Department with their
cell phone number and immediately report any changes to this number to the Office
of the Chief of Police. The requirement to possess and use the cell phone in no
way assumes a condition of "on call status" while off duty. Except in times of
declared emergency and court, employees are not required to use the cell phone
while off duty.
13.2 Master Senior Police Officer and Sergeant Pay Provision
Senior Police Officer: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have an Intermediate P.O.S.T. Certificate or an
Associate of Arts Degree from a college or university accredited by either the
Council for Higher Education Accreditation ("CHEA") or the U.S. Department of
Education ("USI7E'). They must also have at least two (2) years of experience as a
Police Officer with the Palm Springs Police Department; and must provide a copy of
a current ("within the last 6 months") copy of their last performance evaluation in
which they were rated overall satisfactory or higher.
Master Police Officer: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have an Advanced P.O.S.T. Certificate or a
Bachelor's Degree from a college or university accredited by either the Council for
Higher Education Accreditation ("CHEA") or the U-S. Department of Education
("USDE"). They must also have at least three (3) years of experience as a Police
Officer with the Palm Springs Police Department; and must provide a copy of a
current ("within the last 6 months") copy of their last performance evaluation in
which they were rated overall satisfactory or higher.
11
Police Sergeant 11: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have a Bachelors Degree from a college or
university accredited by either the Council for Higher Education Accreditation
("CHEA") or the U.S. Department of Education ("USDE"), or an Advanced P.O.S.T.
Certificate and shall have at least one (1) year experience as a Police Sergeant
with the Palm Springs Police Department; and must provide a copy of a current
("within the last 6 months") copy of their last performance evaluation in which they
were rated overall satisfactory or higher_
Police Sergeant III: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have a supervisory certificate and shall have at
least two (2) years experience as a Police Sergeant with the Palm Springs Police
Department; and must provide a copy of a current ("within the last 6 months") copy
of their last performance evaluation in which they were rated overall satisfactory or
higher.
13.3 Motor Officer and Canine Officer Pay Provision
Motor Officer: Officers assigned to Motors shall receive compensation of an
additional five percent (5%) while assigned as Motor Officers. The Police
Department to provide the helmet and leather jacket.
Canine Officer: Officers assigned to the Canine Program shall receive
compensation of an additional five percent (5%) while assigned as Canine Officers,
as well as a $50.00/month K 9 allowance.
ARTICLE 14 - FIELD TRAINING OFFICER
Beginning 1/1/97, Field Training Officers (FTO) designated as such by the Chief of
Police shall hold that position for a period of four years. Officers designated FTO
shall receive compensation of an additional 5% pay while assigned as Field
Training Officers. Normally a FTO completing his/her four-year period will not be
eligible for reassignment as an FTO until he/she has been out of the program for
two years. Time requirements may be waived by the Chief of Police. Service time
as an FTO may be extended by the Chief of Police. Eligibility for reassignment as
an FTO may be waived. The Chief of Police shall determine the number of officers
to be assigned as FTOs at any given time, but not less than eight FTOs. The
Police Chief may remove with cause an officer from the duties of FTO.
12
ARTICLE 15 - DETECTIVES AND DETECTIVE SERGEANTS
The Police Chief may remove with cause an officer from the duties of detective.
The Police Chief shall determine the number of officers to be assigned as
detectives at any given time and shall determine whether or not there is a
continuing need to have any given officer work as a detective.
ARTICLE 16 HEALTH AND DENTAL INSURANCE
16.1
The City agrees to contribute up to the following amounts for Police Safety Unit
members toward Health, hospitalization, drug coverage, cost care, through such
program(s) as shall be designated by the Association and approved by the City
Council. In addition, the City agrees to provide Vision Care for Police Safety Unit
members and their immediate families. Unit members will sign verification of
dependent eligibility annually at open enrollment.
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to
the employee.
The City's maximum contribution to health insurance premiums for all currently
active members of the Police Safety Unit are as follows:
Single Party $646.66*
Two-Party $1245.04*
ramify $1329.31*
*Rates as of August 1, 2009
16.2 Retiree Health Coverage
All employees hired prior to October 25, 2006, or who had already received a
written offer of employment:
The City's maximum contribution for its retired employees will be 75% of insurance
premium for retirees coverage upon completion of 20 years of City service, and
100% payment for retirees coverage upon completion of 25 years of City service.
In the event of the employee's death, the City's contribution will end. The surviving
spouse may remain on the plan as a retiree without a City contribution to the
13
_ �G1U
premium. Retired employees who have not completed 20 years of City service
shall be entitled to participate at his/her own cost in the Association's health,
hospitalization and drug coverage plan.
For all new employees hired after October 25, 2006, there will be no City
contribution for retiree health benefits. The City will, however, make a $100.00 per
month contribution to an employee Retiree Health Savings Plan and the associated
fixed dollar cost of administration.
16.3
The City's maximum contribution for Police Safety Unit member dental insurance
(currently Aetna) shall be as follows-
Single Pa $33.03*
Two-Part $45.01*
Family $64.54*
*Rates as of August 1, 2009
In the event that the premium charges for the health or dental program for a Police
Safety Unit member exceed the City's maximum rate of contribution, (as described
in 16.1 and 16.3) by 10% annually at any time during the term of this MOU, the
amount of the excess shall be paid by the Police Safety Unit member through a
payroll deduction.
16.4
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost to
the employee.
16.5
The Association agrees that effective August 1, 1984, any police officer who retires
as of that date, or thereafter, shall not be entitled to participate in any City health,
hospitalization, drug coverage and/or cost care plan and instead shall be entitled to
participate at his/her own cost in the Association - sponsored health, hospitalization,
drug coverage and cost care plan.
16.6
Police Safety Unit members shall remain in the Association-sponsored health plan,
which is currently Blue Shield, and shall not be eligible for any other City insurance
plan for the duration of this MOU.
14
16.7 Domestic Partner Coverage
The City of Palm Springs agrees to add Domestic Partner Coverage to the current
health, dental and vision insurance in accordance with City of Palm Springs
Ordinance No. 1578. In addition to the requirements of Ordinance 1578, the
enrollee must provide a copy of the Declaration of Domestic Partnership,
Statement of Financial Liability for Domestic Partnership, Statement of Financial
Liability for Domestic Partner Health Benefits, and Affidavit of Eligibility for
Economically Dependent Children to the City. The City will use the same
enrollment policies for domestic partnerships as are currently used for traditional
marriages.
ARTICLE 17 - DISCIPLINARY ACTION/GRIEVANCE PROCEDURE
This MOU includes and incorporates by reference herein Rules 14, 15 and 16 of
the City's Personnel Rules.
Personnel Rule 16.6.7 shall continue to read:
Effective August 1, 1992, a Police Safety Unit Employee grieving a Letter of
Reprimand shall, before the City Manager issues a final determination, have a
grievance on a Letter of Reprimand heard before a hearing officer or a committee,
as provided for above, unless the officer waives his or her right to said hearing.
ARTICLE 18 - WRITTEN REPORTS
An officer has the right to have an attorney present when preparing a written
incident report for an officer-involved shooting. Such reports must be submitted to
the watch commander or designated supervisor within three working days of the
incident.
The attorney must be present when the report is submitted, in the event that the
reviewing official needs further information.
This policy is subject to current review by the parties, and the parties agree to
reopen the MOU to discuss modification or deletion of same.
ARTICLE 19 - MILEAGE REIMBURSEMENT
Members of the Police Safety Unit shall receive mileage reimbursement in
accordance with existing City policy, at the prevailing IRS rate.
15
bl'2 0,
ARTICLE 20 - EDUCATIONAL REIMBURSEMENT
The course that will be considered job-related for purposes of Personnel Rule
18.2.1(1) for members in the Police Safety Unit are limited to any course required
as part of a degree program in Public Administration, Police Management, one of
the Social Sciences or Business Administration. Any other courses may be
approved in the discretion of the Department Head and the Personnel Officer.
No Police Safety Unit member shall receive more than $3,000 per fiscal year in
educational reimbursement, subject to a $20,000 cap per fiscal year for all
employees in the Police Safety Unit.
ARTICLE 21 - WEAPON REQUIREMENTS FOR NEWLY HIRED OFFICERS
All Police Safety Unit members hired on or after July 26, 1987, shall be precluded
from carrying any weapon other than a weapon of the type or types prescribed by
the Police Department and heretofore agreed upon with the Association.
ARTICLE 22 - REINSTATED OFFICERS
An officer who leaves employment with the City and returns to work the Police
Safety Unit within one (1) year thereafter shall be treated in all respects as a new
employee with respect to shift assignments, scheduling of vacations and days off
and with respect to promotions. Benefit accruals for such reinstated officers shall be
governed by the existing benefit accrual rules.
ARTICLE 23 - BILINGUAL PAY FOR SPANISH-SPEAKING OFFICERS
The City shall implement a bilingual pay program under which a minimum of ten
(10) officers shall be entitled to premium pay of five percent (5%) over their regular
base salary for their services as bilingual officers. The number of officers may be
increased upon request of the Chief of Police and approval of the City Manager. In
order to be eligible for such premium pay, an officer must pass an examination to
be developed and administered by the City demonstrating fluency in reading and
speaking the desired second language. The Police Chief shall determine the
language needs at time of reopening of position. In the event that there are more
qualified officers who apply for bilingual pay than the maximum number of bilingual
positions available, the selection of the officers receiving such positions shall be
based upon seniority. Any officer who accepts a bilingual position shall be subject
to scheduling at the discretion of the Police Chief and shall not be entitled to remain
a part of the regular shift rotation, but such bilingual officers shall have a separate
shift rotation by seniority among the bilingual officers.
16
6'21
ARTICLE 24 - LIGHT DUTY ASSIGNMENTS
The City and the Association agree that the Police Chief shall have complete
discretion to decide whether or not-light duty work can be made available to a
Police Safety Unit member employee who is unable to perform his/her regular
duties due to a non-work related illness or injury.
ARTICLE 25 - DRUG POLICY/DRUG SCREENING
The City of Palm Springs and the Association have a vital interest in maintaining
safe, healthful and efficient working conditions. Being under the influence of a drug
or alcohol on the job may pose serious safety and health risks not only to the user,
but also to co-workers and the citizens of Palm Springs. The possession, use or
sale of an illegal drug or of alcohol on the job also poses unacceptable risks for
safe, healthful and efficient operations.- "On the job" means while on City premises,
at work locations, or while on duty or being compensated on an "on call status."
The City of Palm Springs and the Association recognize that their future is
dependent on the physical and psychological well being of all employees. The City
and the Association mutually acknowledge that a drug and alcohol-free work
environment benefits employees and citizens. The purpose of this Article is to
define the City's drug and alcohol policy as well as the possible consequences of
policy violation.
25.1
Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited. This prohibition shall not apply to legitimate undercover
activities of Police Officers that are undertaken in accordance with the direction of
the Police Department. Being under the influence of drugs or alcohol shall mean
having a blood alcohol content of .04% or higher and having any residue or
metabolite of illegal drugs in the body.
25.2
When the City has a reasonable suspicion that an employee is, or may be,
impaired or affected on the job by alcohol or illegal drugs, or that alcohol or illegal
drugs are, or may be, present in an employee's body in violation of the rules set
forth in this policy, the employee shall be required to submit to an blood
alcohol/drug screen 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
17
t 22
conditions, including but no limited to the following: bloodshot or watery eyes, very
large or very small pupils, runny nose, excessive perspiration, nausea and
vomiting, lack of coordination, slurred speech or unpredictable responses to
ordinary requests.
Refusal to submit to such a test amounts to insubordination and shall be sufficient
grounds for dismissal. Any employee failing such a test, or who tampers with the
test specimen, shall be subject to dismissal from the City.
25.3
Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the fact constituting reasonable suspicion and
shall give the employee a copy. This report must advise the employee of his right
to representation. The employee shall be given an opportunity to provide additional
facts. An employee who is then ordered to submit to a substance abuse screening
may request to be represented. Because time is of the essence in drug and alcohol
screening, there shall be no delay in the testing process based on an employee's
request to be represented.
25.4
The supervisor, or designee, shall transport the suspected employee to the testing
facility for a blood test. Testing shall occur on City time and be paid for by the City.
25.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the
opportunity to discuss the results with a physician to be designated by the City. The
employee should be prepared at that time to show proof of any valid medical
prescription for any detected substance or to otherwise explain, if he or she so
chooses, a positive test result.
25.6
While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle
or dangerous machinery or equipment while taking any kind of medication or drugs
which are clearly marked that they may cause significant drowsiness or impair an
employee's performance. An employee shall notify his/her supervisor, before
beginning work, when taking such medications or drugs. In the event there is a
question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from a physician
18
designated by the City may be required. The City reserves the right to send an
employee home on sick leave under these circumstances.
25.7
Employees with substance abuse problems are encouraged to participate
voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance
through the EAP may be sought by an employee with complete confidentiality and
without adverse consequences to his/her employment. Employees should be
aware, however, that a request for assistance through the EAP would not insulate
the employee from disciplinary action already contemplated based on the
employee's violation of this policy.
Depending upon the facts surrounding the reasonable suspicion determination,
positive test result, and/or other violation of this policy or other City/department
rules and regulations, the City may refer an employee to the EAP. Such
referral could, at the discretion of the City, be made available to the employee as an
alternative to disciplinary action. Referral would be subject to agreement by the
employee to enroll, participate in and successfully complete a rehabilitation and/or
counseling program and other terms and conditions in a "Last Chance Agreement",
an exemplar copy of which is attached hereto as Exhibit"A".
ARTICLE 26 - ASSOCIATION SPECIAL EVENT TIME
The Police Chief has the authority to grant the Association President, or his/her
designee, time off with pay to attend conferences or other events not to exceed
forty (40) hours in a calendar year (except as shall otherwise be provided by the
Chief of Police).
ARTICLE 27 - FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future
applicable Federal and State laws and regulations. If any part of this MOU is in
conflict or inconsistent with such applicable provisions of Federal or State laws or
regulations, and has been held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provisions shall be suspended and superseded
by such applicable laws and regulations and the remainder of this MOU shall not be
affected thereby and shall remain in full force and effect. The parties to this MOU
agree to comply with the provisions of the Americans with Disabilities Act and the
Family Rights Act.
ARTICLE 28 - STRIKES AND WORK STOPPAGES
28.1 Prohibited Conduct
19
2s.1.1
The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU, they will not cause or condone any strike,
sympathy strike, walkout, slowdown, sick-out, or any other unlawful job
action or concerted activity by withholding or refusing to perform services.
28.1.2
Any employee who participates in any conduct prohibited in Sub-Section
29.1.1 above, shall be subject to suspension, demotion or dismissal by the
City.
v
28.1.3
In addition to any other lawful remedies or disciplinary actions available to
the City, if the Association fails, in good faith, to perform all responsibilities
listed below in Section 29.2, Association Responsibility, the City may
suspend any and all rights and privileges accorded to the Association in this
MOU, including but not limited to suspension of the Grievance Review
Procedure and dues deduction.
28.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in Section 29.1 of this Article, Prohibited
Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Agreement and unlawful, and they
must immediately cease engaging in conduct prohibited in said Section 29.1 and
return to work.
ARTICLE 29 - SOLE AND ENTIRE AGREEMENT
It is the intent of the parties hereto that the provisions of this MOU shall supersede
all prior agreements and memoranda of agreement, or memoranda of
understanding, or contrary salary and/or personnel rules and regulations or
administrative codes, provisions of the City, oral and written, expressed or implied,
between the parties, and shall govern the entire relationship and shall be the sole
source of any and all rights which may be asserted hereunder. This MOU is not
intended to conflict with federal or state law or the City's Municipal Code. The
Association and the City agree that all personnel rules not specifically included in
the MOU shall be incorporated by reference herein. City reserves the right to add
to, modify or delete from the Personnel Rules subject to its obligations under the
Meyer-Milias-Brown Act.
20
ARTICLE 30 - COMPLETION OF MEET AND CONFER PROCESS
The Association and the City agree that they had a full and unrestricted right to
make, advance, and discuss all matters properly within the scope of meet-and-
confer in accordance with State laws and local ordinances and regulations. Except
as otherwise provided herein, during the term of this MOU , the Association and the
City expressly waive and relinquish the right to meet and confer except upon
mutual consent of the parties with respect to any subject or matter, whether
referred to or covered by this MOU or not, even though each subject or matter may
not have been within the knowledge or contemplation or either or both the City and
Association at the time they met and conferred or executed this MOU , and even
though subjects or matters were proposed and later withdrawn. Except as
expressly changed by this MOU , nothing contained herein shall be deemed to
have changed any past practices in so far as known to either party.
ARTICLE 31 - SEPARABILITY PROVISIONS
Should any provision of this MOU be found to be inoperative, void, or invalid by a
court of competent jurisdiction, all other provisions of this MOU shall remain in full
force and effect for the duration of this MOU , provided that if any such affected
provisions invalidate or void any benefits of employees covered hereunder, the
parties shall forthwith commence negotiations to replace the invalidated benefits
with benefits of comparable value.
ARTICLE 32 - LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except that if a
Police Sergeant bumps to Police Officer as a result of layoffs, the "Classification
Seniority" in the position of Police Officer will be defined as the time in the
classification of Police Officer plus the time in classification of Police Sergeant.
Where Personnel Rule 13.3 indicates that job performance shall be considered, for
members of the Police Safety Unit, an employee's final ranking of the eligibility list
for the position will be considered instead.
ARTICLE 33 TERM OF AGREEMENT
The term of this MOU shall be from July 1, 2009 through June 30, 2010.
ARTICLE 34 - RETIREMENT
34.1 Public Employees' Retirement System
21
The City shall pay each Police Safety Unit member's contribution to the Public
Employees' Retirement System (PERS). Said payment made by the City shall be
for the employee's contributions, not to exceed nine percent (9%).
Such payments are made in accordance with the provisions of the Internal
Revenue Code, Section 414 (h) (2), and pursuant to California Government Code
Section 20615.
The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at
no additional cost to the employee.
The City agrees to contract with PERS for the 3% @ 50 Safety formula for
members of the Police Safety Unit.
City agrees to meet and confer with the Association over the PERS DROP
Program, should it become available after January 2001.
ARTICLE 35 - IRS 125 PLAN
The City agrees to provide an IRS 125 Plan for Police Safety Unit members. The
Association agrees that member employees who subscribe to the plan shall pay the
Plan Administrator's fees. Any IRS 125 supplemental plan benefit not being offered
by the Plan Administrator during the enrollment period for the new plan year will
become the responsibility of the employee to pay via direct billing.
ARTICLE 36 - MCCANN PLAN TRAINING SCHEDULE
The Association agrees that City can change schedule two (2) times a year to
accommodate McCann Plan Training Schedule. Each schedule change not to
exceed fourteen (14) days. If training occurs during Spring Break schedule, it will
be considered McCann Plan Training.
ARTICLE 37 —ANTI-NEPOTISM POLICY
37.1
The PSPOA and the City agree that no persons related by blood may be employed
in the Palm Springs Police Department at the same time. Consistent with the
definition for non-spouse relatives in City Personnel Rule 9.4, related by blood shall
include an employee's child, parent, grandparent, brother, sister, grandchild, uncle,
nephew, niece and first cousin. This section does not apply to sibling relationships
or parent/child relationships if the sibling, parent or child is within 24 months of
22
(;27
normal retirement. Employees of the Palm Springs Police Department employed
prior to July 1, 1998 and related by blood to another employee of the Palm Springs
Police Department employee who was also employed prior to July 1, 1998, are
exempted from the above, but in no case shall any employee be supervised by a
person related by blood.
372
Consistent with City Personnel Rule 9.4, the initial employment of persons related
by marriage to City employees will not be permitted within the Palm Springs Police
Department unless specifically approved by the City Manager.
37.2.1
They shall not work the same patrol hours. For purposes of this regulation,
motors will be viewed as a patrol assignment.
37.2.2
They shall not work on the same shift or any shift that overlaps with a shift
that the other spouse works.
372.3
They shall not work any overtime or contract overtime at the same time.
37.2.4
They shall not work any special assignments at the same time, including
task forces.
37.2.5
They shall not supervise one another at any time.
37.2.6
They shall not be assigned to investigate one another or in any manner
participate in an investigation of an incident that involves a spouse, including
but not limited to incidents where the spouse is an investigator, subject,
victim or witness in the incident.
23
n
• t�F�L
37.2.7
Supervisors may make exceptions to 372.1 through 372.4 only in
emergency situations.
ARTICLE 38 - MISCELLANEOUS PROVISIONS
38.1 Claims Against Police Officers
The parties agree that they will continue discussion and reach agreement before
the end of this agreement concerning the procedures to be utilized between the
City's attorneys and the Association's attorney when handling claims against police
officers and the City for the purpose of having consistent positions to better handle
such claims.
38.2 Joint Drafting
Each party has cooperated in the drafting and preparation of this MOU. Hence, in
any construction to be made of this MOU, the same shall not be construed against
any party.
38.3 Modification
This MOU may only be modified or amended by written agreement between the
parties and must be subsequently approved by resolution of City Council.
38.4 City Council Approval
The MERR and the Association have met and conferred in good faith on wages,
hours and other terms and conditions of employment for the employees
represented by the Association and have reached agreements which are set forth
in this MOU. This MOU constitutes a joint recommendation by the MERR and the
Association, after ratification of the Association's membership, to be submitted to
the City Council for its determination and approval by one or more resolutions, as
the City Council may deem fit and proper. This MOU is of no force or effect unless
or until ratified and approved by the City Council of the City.
24
L[��
MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS POLICE OFFICERS'
REPRESENTATIVE ASSOCIATION
Date Date
By By
CITY MANAGER PRESIDENT, PSPOA
By By
HUMAN RESOURCES DIRECTOR VICE-PRESIDENT, PSPOA
By
BOARD MEMBER
ATTEST By
CITY CLERK BOARD MEMBER
By
BOARD MEMBER
APPROVED AS TO FORM:
CITY ATTORNEY
PSPOA MOU 2009110
25
020
TO: Employee's Name
FROM: Division Manager or Department Head
SUBJECT: LAST CHANCE AGREEMENT - REFERRAL TO EMPLOYEE ASSISTANCE
PROGRAM
IT IS UNDERSTOOD THAT:
1. You are hereby referred to enroll, participate and successfully complete a
rehabilitation and counseling program as prescribed by the City's Employee Assistance
Program counselor and approved by the City. Successful completion of your Employee
Assistance Program shall be determined by the City and your Employee Assistance
Program counselor.
2. You shall not report for work or perform the duties of your job under the influence
of any alcoholic beverage, illegal substance, or controlled substance. Nor shall you
consume or be under the influence of any alcoholic beverage, illegal substance, or abuse
any controlled substances at any time during the work day.
3. You will freely and voluntarily submit, at any time during the work day, upon
request by (department head) or his designated representative, to any examination
and/or tests, including, but not limited to, blood, urine and breath-a-lizer to determine if
you are complying with or have violated the terms and conditions of your Employee
Assistance Program.
4. Any required participation in the Employee Assistance Program activities or related
programs shall be done on your own personal time, and shall not interfere with you City
work schedule.
5. You shall not be compensated, monetarily or otherwise, by the City for any of your
participation in the Employee Assistance Program activities or related programs.
6. All monetary costs incurred for Employee Assistance Program services, beyond
initial counseling and diagnosis, are your personal responsibility.
7. Further terms and conditions may be established by (department head) or his
designated representative after consultation with the Employee Assistance Program
counselor, once the counselor has met with the employee. Any additional terms and
conditions will be reviewed with the employee and attached as an addendum to this
memo.
Department Head
26
U v
I hereby authorize the release of any information relating to my attendance and
compliance with the terms and conditions of my Employee Assistance Program to
(department head) or his designated representative.
I understand and agree to the preceding terms and conditions as set forth. I further
understand that my failure to comply with any of these terms and conditions may lead to
my dismissal from employment with the City of Palms Springs. Failure to comply with the
terms and conditions shall included gny non-attendance at any required Employee
Assistance Program activity or program, unless approval has been granted by
(department head) or his designated representative or the City's Employee Assistance
Program counselor.
Employee's Signature Date Witness's Signature Date
EXHIBIT A (see ARTICLE 20)
27