HomeMy WebLinkAbout11/17/2004 - STAFF REPORTS (3) Date: November 17, 2004
To: City Council
From: City Manager
MEMORANDUM OF UNDERSTANDING— PALM SPRINGS POLICE MANAGEMENT
ASSOCIATION (PSPMA)
RECOMMENDATION:
It is recommended that City Council adopt a resolution approving a Memorandum of
Understanding with the Palm Springs Police Management Association (PSPMA)for a one-
year period, July 1, 2004, through June 30, 2005.
BACKGROUND:
Representatives of the Palm Springs Police Management Association (PSPMA) 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 Management Association (PSPMA)
Memorandum of Understanding
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE (MERR) AND THE
PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA) REPRESENTING
THE POLICE MANAGEMENT UNIT
JULY 1 , 2004 - JUNE 30, 2005
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A. The Palm Springs Police Management Association, hereinafter referred to as
the Association, is the exclusive recognized employee organization for members it
represents employed by the City in the Police Management Unit as defined in Section
8.1.4 of the Employer-Employee Relations Resolution, Resolution 16438, as amended by
Resolution 17793.
B. The Association and the Municipal Employee Relations Representative,
hereinafter referred to as the MERR, have met and conferred in good faith on wages,
hours and other terms and conditions of employment for the employees represented by
the Association in the aforesaid group and have reached agreements which are set forth
in this Memorandum of Understanding, hereinafter referred to as the MOU.
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1. This MOU constitutes a joint recommendation by the Association and the MERR, to be
submitted to the City Council of the City of Palm Springs for its determination and
approval by one or more resolutions, as the City Council may deem fit and proper.
2. This MOU recommended to the City Council shall be for the period commencing July
1, 2004, and terminating at midnight, June 30, 2005; provided, however, that specific
sections of this MOU shall have later effective dates as specified herein. Unless mutually
agreed upon, no request for changes during the term of the contract will be undertaken.
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The City will provide payroll deduction on request of the Association for dues,
assessments, and other deductions authorized by the Association. Remittance will
be bi-weekly to the Association's treasurer.
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It is understood that existing ordinances, resolutions, and policies of the City cover
matters pertaining to employer-employee relations including, but not limited to,
wages, salaries, benefits, hours and other terms and conditions of employment.
Therefore, it is agreed that all such ordinances, resolutions and policies, including
Sections 4,5,6,7 and 13 only of the Employer-Employee Relations Resolution
16438 are hereby incorporated by this reference and made a part hereof as
though set forth in full and except as provided herein shall remain in full force and
effect during the term hereof. The City and its employees shall continue to have
the rights and prerogatives as set forth in Sections 4,5,6,7 and 13 of Resolution
16438, and nothing in this MOU shall be deemed in any manner to abridge, restrict
or modify the same except as limited by the Strikes and Work stoppages section of
this MOU.
The status of all existing benefits and conditions of employment now enjoyed by
the members represented by the Association shall not be deemed affected by this
MOU, except as specifically modified by provisions hereof or by actions taken in
implementation hereof.
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6.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that
during the term of this Agreement, they will not cause or condone any strike,
walkout, slowdown, sick out, or any other unlawful job action by withholding or
refusing to perform services.
Any employee who participates in any prohibited conduct listed above shall be
subject to suspension, demotion, or dismissal by the City.
In addition to any other lawful remedies or disciplinary actions available to the City,
if the Association fails, in good faith, to perform all responsibilities listed below as
Association Responsibility, the City may suspend any and all rights and privileges
accorded to the Association in this Agreement, including but not limited to
suspension of the Grievance Review Procedure and Dues Deduction.
6.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members
engage in any Prohibited Conduct, the Association shall immediately instruct any
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persons engaging in such conduct that their conduct is in violation of this
Agreement and unlawful, and they must immediately cease engaging in conduct
prohibited in said Section 6.1 and return to work.
For members of PSPMA, 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 PSPMA and approved by the City Council. In
addition, the City agrees to provide Vision Care for employee and family and
$20,000 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 PSPMA is as
follows:
Single $522.30/month; Two Party $1002.50/month; Family$1062.33/month.
7.1 Dental, Life and Vision Benefits
For the term of this Agreement, City agrees to continue dental benefits at level(s)
existing as of the date this Agreement is executed under Prudential for all
members.
Effective August 1, 2004, the City's maximum contribution for dental insurance
shall be as follows for all members:
Single $31.29/month; Two Party $65.59/month; Family $116.18/month.
In the event the premium charges for the dental program exceed the City's
maximum contribution 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.
For the term of this Agreement, City contributions to the existing Life Insurance
Plan will be continued at the benefit level(s) existing as of the date this Agreement
is executed.
For the term of this Agreement, City agrees to continue Vision Coverage at the
benefit level(s) existing as of the date this Agreement is executed.
7.2 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
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enrollee must provide a copy of The Declaration of 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.
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For members of the Police Management Unit, 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, as follows:
Single Party$522.30/month; Two Party $1002.50/month; Family $1062.33/month.
9.1 PERS Contributions - Public Employees' Retirement System
The City shall pay each Police Management 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%). City
Agrees that, pursuant to Government Code Section 20636 @ (4) pursuant to
Section 20691, normal member contributions (EPMC) Employer-Paid Member
Contributions will be paid by the employer, City of Palm Springs, and reported to
PERS as additional compensation for all members of Unit. City will continue to
make all PERS mandated Employer-Paid Contributions ("EPEC"). Said payment
made by the City shall be for the employee's contributions, not to exceed nine
percent (9%).
9.2 PERS Safety Plan
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 PSPMA.
City agrees to meet and confer with PSPMA over PERS DROP Program, should it
become available.
9.3 Vacation Conversion to Salary- Service Retirement
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Effective July 1, 1991, Police Management 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.
It is understood and agreed that this MOU is subject to all present and future
applicable Federal and State laws and regulations and the provisions hereof shall
be effective and implemented only to the extent permitted by such laws and
regulations. If any part of this MOU is in conflict or inconsistent with such
applicable provisions of Federal or State laws or regulations, or otherwise held to
be invalid or unenforceable by any tribunal of competent jurisdiction, such part or
provisions shall be suspended and superseded by such applicable laws and
regulations and the remainder of this MOU shall not be affected thereby and shall
remain in full force and effect. The parties to this MOU agree to comply with the
provisions of the Americans with Disabilities Act and the Family Rights Act.
Personnel Rules regarding Military Leave will be revised to reflect state law.
Accrued sick leave shall be paid upon retirement from the City service.
Upon separation all unpaid accrued and vested annual leave will be paid at the
employee's current salary rate. All unpaid accrued and vested annual leave of
deceased employees shall be paid to the estate of said deceased except as
otherwise provided by law.
Association members 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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Cost of living salary increases as follows:
7-1-2004 No wage increase
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Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where
extensive vehicle travel is required, a City vehicle should be provided and the auto
allowance will not be removed until the issue is reconciled.
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Police Management Unit personnel not in a constant manning position shall be
allowed recognized holidays off in accordance with the City Personnel Rules.
Personnel in constant manning positions will be allowed either the recognized
holiday off or another day. Holiday pay described in Personnel Rule 6.4.3.1 will be
incorporated into base pay.
Patrol Commanders will be allowed to work a 4/10 or three (3) twelve and a half
(12 '/2)flex workweek at the discretion of the Chief of Police.
Police Commanders will, upon the Police Chiefs approval, receive overtime pay at
1 1/2 times their regular rate of pay for special or emergency events, such as
Easter week or major emergencies. The Chief of Police may authorize overtime
for other emergency situations at his discretion. For the purposes of this section, a
qualifying incident would be one that required the Police Chief to use 50% more
manning than required for normal circumstances.
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The City of Palm Springs, and the Association have a vital interest in maintaining
safe, healthful and efficient working conditions. Being under the influence of a
drug or alcohol on the job may pose serious safety and health risks not only to the
user but also to co-workers and the citizens of Palm Springs. The possession, use
or sale of an illegal drug or of alcohol on the job also poses unacceptable risks for
safe, healthful and efficient operations. "On the job" means while on City
premises, at work locations, or while on duty or being compensated on an "on call
status".
PSPMA and the City recognize that their future is dependent on the physical and
psychological well being of all employees. PSPMA and the City mutually
acknowledge that a drug and alcohol-free work environment benefits employees
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and citizens, and members agree to comply with this policy at such time as a
mutually agreed upon employee assistance program is in place.
The purpose of this article is to define the City's drug and alcohol policy as well as
the possible consequences of policy violation.
17.1
Possession, sale, use or being under the influence of drugs or alcohol while on the
job is strictly prohibited.
17.2
When reasonable suspicion exists, the City may require an employee to submit to
a substance screening. The employee will be given the option to select a blood
test or urinalysis.
Reasonable suspicion is cause based upon objective facts sufficient to lead a
reasonably prudent supervisor to suspect that an employee is under the influence
of drugs or alcohol so that the employee's ability to perform the functions of the job
is impaired or so that the employee's ability to perform his/her job safely is
reduced.
17.3
Any manager or supervisor requesting an employee to submit to a substance
screening shall document in writing the facts constituting reasonable suspicion and
shall give the employee a copy. This report must advise the employee of his right
to representation. The employee shall be given an opportunity to provide
additional facts. An employee who is then ordered to submit to a substance abuse
screening may request to be represented. Because time is of the essence in drug
screening, a representative must be available within a reasonable time or the
employee will then be ordered to submit to a substance screening. Any employee
who refuses to submit to a substance screening may be considered insubordinate
and shall be subject to disciplinary action up to and including termination.
17.4
The supervisor, or designee, shall transport the suspected employee to the testing
facility or shall call to the Police Station a licensed phlebotomist who will draw
blood samples, when a blood test is selected. Urine samples shall be taken at the
Police Station under supervision of the supervisor. Testing shall occur on City time
and be paid for by the City. Employee urine samples, or other body fluids, will be
collected in a DOX Security Container System or other system that includes
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methods or mechanisms designed to assure the integrity of the sample. The
facility used for testing shall be certified by the National Institute of Drug Abuse
and comply with established guidelines for "chain of custody" to insure that identity
and integrity of the sample is preserved throughout the collecting, shipping, testing
and storage process.
17.5
Any positive test for alcohol or drugs will be confirmed by a scientifically sound
method. An employee who tests positive on a confirmatory test will be given the
opportunity to discuss the results with a physician to be designated by the City.
The employee should be prepared at that time to show proof of any valid medical
prescription for any detected substance or to otherwise explain, if he or she so
chooses, a positive test result.
17.6
While use of medically prescribed medications and drugs is not per se a violation
of this policy, this policy shall establish that no employee shall operate a City
vehicle or dangerous machinery or equipment while taking any kind of medication
or drugs which are clearly marked that they may cause significant drowsiness or
impair an employee's performance. An employee shall notify his/her supervisor,
before beginning work, when taking such medications or drugs. In the event there
is a question regarding an employee's ability to safely and effectively perform
assigned duties while using such medications or drugs, clearance from a physician
designated by the City may be required. The City reserves the right to send an
employee home on sick leave under these circumstances.
17.7
Employees with substance abuse problems are encouraged to participate
voluntarily in the City-sponsored Employee Assistance Program (EAP).
Assistance through the EAP may be sought by an employee with complete
confidentiality and without adverse consequences to his/her employment.
Employees should be aware, however, that a request for assistance through the
EAP will not insulate the employee from disciplinary action already contemplated.
Depending upon the facts surrounding the reasonable suspicion determination,
positive test result, and/or other violation of this policy or other City/department
rules and regulations, the City will refer an employee to the EAP. Such referral
could, at the discretion of the City, be made available to the employee as an
alternative to disciplinary action. Referral would be subject to agreement by the
employee to enroll, participate in and successfully complete a rehabilitation and/or
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counseling program and other terms and conditions in a "Last Chance
Agreement", an exemplar copy of which is attached hereto as Exhibit "A".
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1. Effective December 1, 2000, PSPMA members will be eligible to receive an
additional 5% in compensation for a Master's Degree from an accredited
college or university, or equivalent college units. In order to qualify for this
educational incentive, any Commander hired after January 1, 2001, must
possess a Master's Degree.
2. The City agrees to compensate members of the PSPMA an additional 5% over
base pay for members who possess a Management Certification issued by
POST.
3. Effective January 1, 2004, PSPMA members may be eligible to receive an
additional 5% in compensation for their services as a bilingual. The City
Manager shall determine the language needs as well as the number of
employees eligible for such premium pay.
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The City agrees to continue paying a uniform and safety equipment allowance to
each sworn member, and uniformed non-sworn members as a reimbursement for
expenses incurred for acquisition and maintenance of uniforms and safety
equipment in an amount of one hundred thirty five dollars ($135) per month.
PSPMA Unit members shall be eligible to use annual leave as it is accrued.
20.1 Accrual Rates for Employees Hired Before July 5 1981
PSPMA members hired before July 5, 1981 shall accrue and vest annual leave on
a monthly basis in accordance with the following schedule:
YEARS OF SERVICE HOURS ACCRUED&
VESTED MONTHLY
O thrau h 5 12
6 through 10 14
11 16.67
12 17.34
13 18
14 18.67
15 19.34
16 20
17 and after 20.67
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20.2 Accrual Rates for Unit Members Hired After July 5 1981
PSPMA Unit members hired on or after July 5, 1981 shall accrue and vest annual
leave on a monthly basis in accordance with the following schedule:
HOURS ACCRUED 8
YEARS OF SERVICE VESTED MONTHLY
O through 5 12
6 through 10 14
11 and after 16
PSPMA Unit members may request payment for up to a total of one hundred sixty
hours (160) hours of vacation leave per year in lieu of time off. Such cash-ins of
vacation leave will be permitted twice per year on the second pay-day in July and
on one on the first pay-day in December.
PSPMA employees shall accrue four (4) hours of paid sick leave upon each full
month of service. In December, PSPMA employees who have accumulated in
excess of 720 hours of sick leave may cash-out or deposit to deferred
compensation up to 200 hours annually.
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Date: Date:_
BY: BY:_ -^�
CITY MANAGER ASSOCIATION PRESIDENT
BY:
DIRECTOR O'HUMAN RESOURCES
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RESOLUTION NO. 1,r
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 MANAGEMENT ASSOCIATION
(PSPMA), 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 Management Association (PSPMA)
representing the Police Management Unit; and
WHEREAS, as a result of such good faith negotiations the MERR and PSPMA 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 Management
Unit, subject to ratification by the Unit; and
WHEREAS, PSPMA 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 PSPMA 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: .�
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