HomeMy WebLinkAbout11/17/2004 - STAFF REPORTS (4) Date: November 17, 2004
To: City Council
From: City Manager
MEMORANDUM OF UNDERSTANDING—PALM SPRINGS POLICE OFFICERS
ASSOCIATION (PSPOA)
RECOMMENDATION:
It is recommended that City Council adopt a resolution approving a Memorandum of
Understanding with the Palm Springs Police Officers Association (PSPOA) for a one-year
period, July 1, 2004, through June 30, 2005.
BACKGROUND:
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 reached agreement for the period July 1, 2004, through June 30, 2005.
DAVID H. READY
City Manager
ATTACHMENTS:
1. Resolution —Approving Palm Springs Police Officers Association (PSPOA)
Memorandum of Understanding
d`I
A
MEMORANDUM OF UNDERSTANDING
TO BE PROVIDED
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MUNICIPAL EMPLOYEE
RELATIONS REPRESENTATIVE (MERR) AND THE PALM SPRINGS POLICE OFFICERS'
ASSOCIATION (PSPOA) REPRESENTING THE POLICE SAFETY UNIT
JULY 1 , 2004 —JUNE 30, 2005
• •
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") has
recognized the Palm Springs Police Officers' Association (herein called the
"Association") as the recognized representative of all sworn police officers in the
Police Department except the following executive, management and supervisory
classifications: Police Chief and Police Commander.
. •
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;
2.5
To determine and change the number of locations, relocations, and types of
operations and the processes and materials to be employed in carrying out
all City functions, including but not limited to, the right to subcontract any
work or operations;
2.6
To determine the size and composition of the work force, to assign work to
employees in accordance with requirements as determined by the City and
to establish and change work schedules and assignments, and to
determine the days and hours when employees shall work;
2.7
To relieve employees from duty because of lack of work or other non-
disciplinary reasons;
2.8
To discharge, suspend, or otherwise discipline employees for proper cause
in accordance with established personnel rules;
2.9
To determine job classifications;
2.10
To hire, transfer, promote, and demote employees for non-disciplinary
reasons;
2.11
To determine policies, procedures and standards for selecting, training and
promotion of employees;
2.12
To establish employee performance standards including but not limited to,
quality and quantity standards;
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2.13
To establish reasonable work and safety rules.
2.14
The City, in exercising these rights and functions, will not discriminate
against any employee because of membership or non-membership in any
employee organization.
2.15
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Management's rights shall impact on a significant number of
employees of the bargaining 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.
3.1
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."
4.1 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
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(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
For the term of this contract police safety unit positions assigned to
motorcycle duty or detective duty, the Personnel & Training Sergeant, the
Traffic Sergeant, Patrol officers, and Canine patrol officers, but excluding
the School Campus Officer, shall be allowed to work on a four (4) ten (10)
schedule, with the understanding that such schedule can include
weekends at the discretion of the Police Chief. It is also agreed that the
Personnel & Training Sergeant, and the Traffic Sergeant shall be subject to
a "flex schedule", in that their time worked would be adjusted to minimize
overtime and provide flexibility in performing their duties, attending official
events and functions at which their attendance is necessary, in such a
manner that their (3) days off per week may not be contiguous nor would
their hours of work always be on a rigid schedule.
4.3 No Guarantee of Hours
Nothing contained in this MOU shall be construed to constitute a guarantee
of hours of work per day or per work week or of days of work per work week
in the event that the City has a fiscal budget crisis declared by the City
Manager.
4.4 Shift Assignments
For shift selection purposes, the early and late day shifts shall be
considered separate, as it pertains to the four (4) ten (10) Plan. Police
Safety Unit employees agree to mutually develop a shift selection
procedure with the Chief of Police to be incorporated into this MOU.
4.5 Work Commuting
Any officer 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.'
Cost of living salary increases as follows:
7-1-04 No wage increase
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This MOU includes and incorporates by reference herein Section 11.2 of the City's
Personnel Rules which have been amended as follows:
Section 11.2 establishes a modification in the probationary period for the position
of Police Officer from twelve to eighteen months. However, such probationary
employee may be eligible for a merit increase at the sole discretion of the Chief of
Police upon completion of twelve (12) months service. After completion of the
eighteen-month probationary period, if the Police Officer becomes "regular status",
then the City will, if the employee was not granted a merit increase upon twelve
(12) months of initial service as provided above, pay him six months retro pay.
The employee's anniversary date for future merit increases shall be the twelve
month anniversary of his hire date.
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 appropriate authorized supervisor.
The Police Chief shall be responsible for keeping accurate records of all
overtime worked by employees.
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 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
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fill shift vacancies created by comp time off requests. There shall be no
obligation to grant all requests for time off should numerous requests be
received simultaneously. The Department will hire back up to two
employees per shift as long as replacement officers can be hired. No
officer shall be compelled to work in order to grant another employee
compensatory time off.
7.5 Maximum Accumulation
Effective July 1, 2004, 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.
8.1 Call Back Pay
When an employee is called back to work, the employee shall receive a
minimum of two (2) hours pay or two (2) hours of compensatory time. The
Police Chief shall determine whether the employee receives pay or time.
An employee who is called in less than two (2) 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 two (2) hours pay or two (2) 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
two (2) hour minimum.
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9.1 Compensation for Safety Police Unit Employees' Court Appearances
Police Safety Unit Employees who are subpoenaed to appear in court
during non-working hours regarding official City business, shall be paid for
actual court time with a minimum of four (4) hours pay for each day's
appearance at one and one-half (1-1/2) times the officer's regular hourly
rate of pay, effective 7-1-1999
9.2
If a subpoena of the type referred to in section 8.1, above, is cancelled
twenty-four (24) hours or more before the employee is scheduled to appear
or by the end of the employee's last shift prior to the scheduled appearance
time, whichever is later, no payment shall be due to the employee. If the
subpoena is cancelled less than twenty-four hours prior to the scheduled
appearance or later than the end of the employee's last shift prior to the
scheduled appearance time, whichever is later, the employee shall be paid
a cancellation fee of Fifty Dollars ($50.00). Employees are required to call
in to the court liaison officer or his/her backup to determine whether or not
the subpoena has been cancelled. If an employee fails to call in sufficient
time to avoid a cancellation fee, no fee shall be paid if the subpoena had in
fact been cancelled and the information was available from the liaison
officer or his/her backup. Similarly, no court pay shall be paid under section
employee failed to call in and the subpoena had in fact been cancelled.
U1"W411 Mrs]US e • •
Police Safety Unit employees, in lieu of all City recognized holidays, shall be paid
4.0 hours per pay period at their straight time hourly rate.
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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.
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11.3 Annual Leave for Reinstated Employees
Notwithstanding other provisions of this MOU, for annual leave (vacation)
purposes only, eligible reinstated employees shall receive service credit for
the most recent prior regular employment and shall accrue annual leave
(vacation) commencing with the effective date of such reinstatement at the
current accrual rate applicable to the service credit they received.
11.4 Annual Leave (Vacation) General Provisions
The time when annual leave (vacation) may be taken will be at the
discretion of the Police Chief. For purposes of computing annual leave
(vacation) usage, regularly assigned days off shall not be counted as
"working days." Annual leave (vacation) shall be paid at the employee's
straight time hourly rate of pay in effect during the leave period.
11.5 Accrual Rates
For employees in 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 HOURS ACCRUED
SERVICE & VESTED FOR
EACH FULL
MONTH WORKED
O through 5 8
6 through 10 10
11 12.67
12 13.34
13 14
14 14.67
15 15.34
16 16
17 16.67
11.6 Vesting of Annual Leave for Employees Hired After July 1 1979
An employee hired on or after July 1, 1979, shall accrue the first year's
annual leave on the anniversary of the individual's most recent hire date
and there shall be no pro-ration whatsoever of annual leave accrual for that
year. After the first anniversary of the individual's most recent hire date,
annual leave shall be accrued on the basis of each full month worked. No
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annual leave shall vest for these employees until it is accrued as provided
for in this Subsection.
11.7 Maximum Accrual
Annual leave (vacation) 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 eighty (80)
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.
12.1
Each `safety member' employee covered by the provisions of Labor Code
Section 4850 who is 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 or 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 or her position by reason of an industrial injury or industrial illness for
which he or 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.
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12.3 Unlimited Accrual
Unused sick leave shall accrue without limitation.
12.4 Accrual Rates
Full-time employees shall for the first twelve (12) months of continuous
service accrue sick leave at the rate of four (4) 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 (2) 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 eight (8)
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 four (4) hours for each full month of service.
12.5 Eligible to Use
Police Safety Unit employees are eligible to use accrued sick leave upon
completion of six (6) continuous months of service with the City of Palm
Springs.
12.6 Sick Leave Payout
As of December 1st of any year, employees who have accumulated during
the preceding twelve (12) month period, at least sixty-six (66) hours of
unused paid sick leave shall be compensated by a cash payment during the
first full pay period in December in an amount equal to the employee's
straight time hourly rate of pay for one-fourth (1/4) of those unused
accumulated sick leave hours. The remaining three-fourths (3/4) of those
unused accumulated sick leave hours shall remain credited to the
employee's paid sick leave account.
12.7 Disposition of Sick Leave Upon Separation
Regular employees who separate shall receive compensation for one-fourth
(1/4) of any unused sick leave accrued and vested to and including the date
of November 30, 1973, (referred to as old sick leave). The unused sick
leave will be paid at the employee's current salary rate. Should an
employee use sick leave so as to reduce the accrued total below that
existing as of November 30, 1973, then the said one-fourth compensation
shall be paid only with respect to the lowest amount of accumulated sick
leave which remained credited to such employee's account at any time after
November 30, 1973.
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Police safety employees shall be paid for accrued, vested and unused sick
leave (including old sick leave bank) 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.
. . •
13.1 Uniform and Safety Equipment
The City agrees to continue paying a uniform and safety equipment
allowance to each Police Safety Unit employee 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 Master, Senior Police Officer and Sergeant Pay Provision
Senior Police Officer: To qualify for this additional title and a 5% pay
increment, you must have an Intermediate P.O.S.T. Certificate or an
Associate of Arts Degree from an accredited college or university. You
must also have at least 2 years of experience as a Police Officer with the
Palm Springs Police Department; and you must provide a copy of a current
"within the last 6 months" copy of your last performance evaluation in which
you were rated satisfactory or higher.
Master Police Officer: To qualify for this additional title and a 5% pay
increment, you must have an Advanced P.O.S.T. Certificate or a Bachelor's
Degree from an accredited college or university. You must also have at
least 3 years of experience as a Police Officer with the Palm Springs Police
Department; and you must provide a copy of a current "within the last 6
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months" copy of your last performance evaluation in which you were rated
satisfactory or higher.
Police Ser eant It: To qualify for this additional title and a 5% pay
increment, you must have a Bachelors Degree from an accredited college
or university or an Advanced P.O.S.T. Certificate and shall have at least 1
year experience as a Police Sergeant with the Palm Springs Police
Department; and you must provide a copy of a current "within the last 6
months" copy of your last performance evaluation in which you were rated
satisfactory or higher.
Police Sergeant All: To qualify for this additional title and a 5% pay
increment, you must have a supervisory certificate and shall have at least 2
years experience as a Police Sergeant with the Palm Springs Police
Department; and you must provide a copy of a current "within the last 6
months" copy of your last performance evaluation in which you were rated
satisfactory or higher.
13.3 Motor Officer and Canine Officer Pay Provision
Motor Officer, Officers assigned to Motors will be allowed to report 2 hours
of comp time per week (which computes to 6 hours regular pay per pay
period). The Police Department to provide the helmet and leatherjacket.
Canine Officer: Officers assigned to the Canine Program will be allowed to
report 2.67 hours of comp time per pay period (which computes to 4 hours
regular pay per pay period).
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 FTO's at any given time but not less than eight FTO's.
The Police Chief may remove with cause an officer from the duties of FTO.
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
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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.
16.1
The City agrees to contribute up to the following amounts 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 employee and family.
Effective December 1, 2004, the City agrees to provide ($50,000) Term Life
Insurance coverage at no cost to the employee.
Parties to agree: Effective August 1, 2004, the City's maximum contribution
to health insurance premiums for all currently active members of PSPOA
are as follows:
Single Party $522.30
Two-Party $1002.50
Family $1062.33
Parties to agree: City's maximum contribution 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; August 1, 2004 rates are as follows:
Single Party $522.30
Two-Party $1002.50
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Family $1062.33
16.2 The City's maximum contribution for dental insurance shall be as follows:
Single Party $31.29
Two-Party $65.59
Family $116.18
16.3
In the event that the premium charges for the health or dental program
exceed the City's maximum rate of contribution, (as described in 16.1 and
16.2) by 15% annually at any time during the term of this Agreement, the
amount of the excess shall be paid by the employee through a payroll
deduction.
16.4
The Association shall be solely responsible for the administration of any
Association designated insurance programs, including, but not limited to,
enrollments and reconciliation of billings from insurance carriers. The
Association shall provide to the City such evidence of enrollment and
coverage as is requested by the City.
16.5
Insurance carriers providing health, hospitalization, life, vision care, drug
coverage, cost care and dental benefits to Police Safety Unit employees
shall provide billings to the Association's insurance broker, who will forward
them to the City, which specify the coverage received by each Police Safety
Unit employee, single, single + one or family coverage.
16.6
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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.
The Association agrees that effective 1-1-98, any Police Officer who retires
after 20 years of City service will be eligible for retirees coverage as
referenced in 16.1.
The parties agree that they will continue discussion concerning a physical
fitness incentive program and may reopen this MOU to include such
language when agreement is reached by the end of this contract.
16.7
Members of the Association shall remain in the Association-sponsored
health plan and shall not be eligible for any other City insurance plan for the
duration of this Memorandum of Understanding.
16.8 Domestic Partner Coverage
The City of Palm Springs agrees to add Domestic Partner Coverage to the current
health, dental and vision coverages 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.
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
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a committee, as provided for above, unless the officer waives his or her
right to said hearing.
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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The course that will be considered job-related for purposes of Personnel Rule
18.2.1(1) for employees 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 employee 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
• • • • • - • som
All Police Safety Unit employees 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.
�
An officer who leaves employment with the City and returns to work within the
bargaining unit covered by this Agreement 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.
Effective January 1, 1988, the City shall implement a bilingual pay program under
which a minimum of eight 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
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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. City agrees to add one additional bilingual officer during FY 98/99
and one during FY 99/2000, bringing the total minimum to ten (10) officers.
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 employee who is unable to perform his regular duties due to a
non-work related illness or injury.
The City of Palm Springs and the Palm Springs Police Safety Unit 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 Palm Springs Police Safety Unit recognize that
their future is dependent on the physical and psychological well being of all
employees. The City and the Palm Springs Police Safety Unit 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.
24.1
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.
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24.2
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 that the employee has at any time used,
consumed or ingested in any manner any illegal drug or any otherwise legal
drug (i.e., prescription medication) in an unlawful manner or so that the
employee's ability to perform his/her job safely is reduced.
24.3
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 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.
24.4
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.
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24.5
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 best
result.
24.6
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.
24.7
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.
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".
19
. - .
The Police Chief has the authority to grant the Association President, or designee,
time off with pay to attend conferences or other events not to exceed 40 hours in a
calendar year(except as shall otherwise be provided by the Chief of Police).
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.
27.1 Prohibited Conduct.
27.1.1
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.
27.1.2
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.
27.1.3
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 Agreement, including but not
20
limited to suspension of the Grievance Review Procedure and dues
deduction,
27.2 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.
It is the intent of the parties hereto that the provisions of this Agreement 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 Agreement 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
MMB.
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 Memorandum of
Understanding, 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 Memorandum of
Understanding 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 Memorandum of Understanding,
and even though subjects or matters were proposed and later withdrawn. Except
as expressly changed by this M.O.U., nothing contained herein shall be deemed to
have changed any Past Practices in so far as known to either party.
21
- - • •
Should any provision of this Agreement be found to be inoperative, void, or invalid
by a court of competent jurisdiction, all other provisions of this Agreement shall
remain in full force and effect for the duration of this Agreement, 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.
- , • M
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, his "Classification
Seniority" in the position of Police Officer will be defined as his time in the
classification of Police Officer plus his 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.
•
The term of this Agreement shall be from July 1, 2004 through June 30, 2005.
33.1 Public Employees' Retirement System
The City shall pay each Police Safety Unit employee'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.
Effective June 2003, City agrees to contract with PERS for the 3% @ 50
Safety formula for members of the PSPOA.
City agrees to meet and confer with PSPOA over PERS DROP Program,
should it become available after January 2001.
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33.2 Vacation Conversion to Salary- Service Retirement
Effective July 1, 1991, Police Safety employees shall be allowed, for PERS
purposes, to convert up to one hundred eighty (180) hours of accrued
annual leave to compensation, subject to PERS, during the twelve (12)
month period prior to a service (non-disability) retirement. Employees who
decide to convert annual leave time to compensation subject to PERS shall
request such conversion in writing to the Personnel Officer no less than one
year(1) in advance of the service retirement.
The City agrees to implement an IRS 125 Plan for the Police Safety Unit effective
January 1, 1993, and the Association agrees that member employees who
subscribe to the plan shall pay the Plan Administrator's fees.
Association agrees that City can change schedule two (2) times a year to
accommodate McCann Plan Training Schedule. Each schedule change not to
exceed 14 days. If training occurs during Spring Break schedule, it will be
considered McCann Plan Training.
• M]rielvi gs raw
36.1
The PSPOA and the City agree that no person 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 relations if the sibling, parent or child is within 24
months of normal retirement. Employees of the Palm Springs Police Department
employed prior to July 1, 1998 and related by blood to another employee of the
Palm Springs Police Department 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.
23
MUNICIPAL EMPLOYEE RELATIONS- PALM SPRINGS POLICE OFFICERS'
REPRESENTATIVE ASSOCIATION
Date Date
By By
CITY MANAGER PRESIDENT, PSPOA
By By
HUMAN RESOURCES DIRECTOR BOARD MEMBER
By
BOARD MEMBER
By
BOARD MEMBER
By
BOARD MEMBER
PSPOA MOU 2004105
24
TO: Employee's Name
FROM: Division Manager or Department Head
SUBJECT: LAST CHANCE AGREEMENT - REFERRAL TO EMPLOYEE ASSISTANCE
PROGRAM
IT IS UNDERSTOOD THAT:
1. You are hereby referred to enroll, participate and successfully complete a
rehabilitation and counseling program as prescribed by the City's Employee Assistance
Program counselor and approved by the City. Successful completion of your Employee
Assistance Program shall be determined by the City and your Employee Assistance
Program counselor.
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
25
I hereby authorize the release of any information relating to my attendance and
compliance with the terms and conditions of my Employee Assistance Program to
(department head) or his designated representative.
I understand and agree to the preceding terms and conditions as set forth. I further
understand that my failure to comply with any of these terms and conditions may lead to
my dismissal from employment with the City of Palms Springs. Failure to comply with the
terms and conditions shall included any non-attendance at any required Employee
Assistance Program activity or program, unless approval has been granted by
(department head) or his designated representative or the City's Employee Assistance
Program counselor.
Employee's Signature Date Witness's Signature Date
EXHIBIT A (see ARTICLE 20)
26
RESOLUTION NO. L' I+� 7
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 OF JULY 1,
2004 THROUGH JUNE 30, 2005, SUBJECT
TO UNIT'S RATIFICATION AND SIGNING
OF PROPOSED 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.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs,
California that the Memorandum of Understanding between PSPOA and MERR, for the
period July 1, 2004 through June 30, 2005, on file with the City Clerk and incorporated
herein by this reference, is hereby approved upon ratification and execution of said
Memorandum of Understanding.
ADOPTED this day of 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
CITY CLERK CITY MANAGER
REVIEWED&APPROVED: F9
� ,l