HomeMy WebLinkAbout04996 - PALM SPRINGS POLICE OFFICERS' ASSOCIATION PSPOA MEMORANDUM OF UNDERSTANDING MOU PSPOA
• • MOU
MOU
AGREEMENT#4996
R21137, 11-17-04
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, 2004—JUNE 30, 2005
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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).
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In order to insure that the City is able to carry out its functions and responsibilities
imposed by law, the City of Palm Springs has and will retain the exclusive right to
manage and direct the performance of City services and the work force performing
such services and therefore the following matters shall be within the exclusive
discretion of the City:
2.1
To determine issues of public policy;
2.2
To determine the merits, necessity, or organization of any service or activity
conducted by the City;
2.3
To determine and change the facilities, methods, means, and personnel by
which City operations are to be conducted;
2.4
To expand or diminish services;
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2.5
To determine and change the number of locations, relocations, and types of
operations and the processes and materials to be employed in carrying out
all City functions, including but not limited to, the right to subcontract any
work or operations;
2.6
To determine the size and composition of the work force, to assign work to
employees in accordance with requirements as determined by the City and
to establish and change work schedules and assignments, and to determine
the days and hours when employees shall work;
2.7
To relieve employees from duty because of lack of work or other non-
disciplinary reasons;
2.8
To discharge, suspend, or otherwise discipline employees for proper cause
in accordance with established personnel rules;
2.9
To determine job classifications;
2.10
To hire, transfer, promote, and demote employees for non-disciplinary
reasons;
2.11
To determine policies, procedures and standards for selecting, training and
promotion of employees;
2.12
To establish employee performance standards including but not limited to,
quality and quantity standards;
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2.13
To establish reasonable work and safety rules.
2.14
The City, in exercising these rights and functions, will not discriminate
against any employee because of membership or non-membership in any
employee organization.
2.15
Except in emergencies, or where the City is required to make changes in its
operations because of the requirements of law, whenever the contemplated
exercise of Managements 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.
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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 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 Commutinq
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.
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There shall be no cost of living adjustment to wages and/or salary for Police Safety
Unit members under this MOU.
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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 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.
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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.
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 Usinq 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
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in which they were received. The Police Chief or his/her designee may
authorize overtime to fill shift vacancies created by comp time off requests.
There shall be no obligation to grant all requests for time off should
numerous requests be received simultaneously. The Department will hire
back up to two employees per shift as long as replacement officers can be
hired. No officer shall be compelled to work in order to grant another
employee compensatory time off.
7.5 Maximum Accumulation
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 Usinq 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 members who are subpoenaed to appear in court during
non-working hours regarding official City business, shall be paid for actual
court time with a minimum of four(4) hours pay for each day's appearance at
one and one-half (1-1/2) times the officer's regular hourly rate of pay,
effective 7-1-1999.
9.2
If a subpoena of the type referred to in section 8.1, above, is cancelled
twenty-four (24) hours or more before the employee is scheduled to appear
or by the end of the employee's last shift prior to the scheduled appearance
time, whichever is later, no payment shall be due to the employee. If the
subpoena is cancelled less than twenty-four hours prior to the scheduled
appearance or later than the end of the employee's last shift prior to the
scheduled appearance time, whichever is later, the employee shall be paid a
cancellation fee of Fifty Dollars ($50.00). Employees are required to call in to
the court liaison officer or his/her backup to determine whether or not the
subpoena has been cancelled. If an employee fails to call in sufficient time to
avoid a cancellation fee, no fee shall be paid if the subpoena had in fact been
cancelled and the information was available from the liaison officer or his/her
backup. Similarly, no court pay shall be paid under section employee failed to
call in and the subpoena had in fact been cancelled.
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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.
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 purposes
only, eligible reinstated employees shall receive service credit for the most
recent prior regular employment and shall accrue annual leave commencing
with the effective date of such reinstatement at the current accrual rate
applicable to the service credit they received.
11.4 Annual Leave General Provisions
The time when annual leave may be taken will be at the discretion of the
Police Chief. For purposes of computing annual leave usage, regularly
assigned days off shall not be counted as "working days." Annual leave
shall be paid at the employee's straight time hourly rate of pay in effect
during the leave period.
11.5 Accrual Rates
For members the Police Safety Unit, annual leave shall accrue and vest on
the basis of each full month worked in accordance with the following
schedule:
YEARS OF 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 Vestinq 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
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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 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.
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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 Unlimited Accrual
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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 Eliqible 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 Pavout
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 (114) 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,
10
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.
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13.1 Uniform and Safety Equipment
The City agrees to continue paying a uniform and safety equipment
allowance to each Police Safety Unit member as a reimbursement for
expenses incurred for acquisition and maintenance of uniforms and safety
equipment in an amount of one hundred and thirty-five dollars ($135) per
month. Motor officers shall receive one hundred and sixty dollars ($160) per
month. The parties expressly agree that the payment each month of said
allowance will cover the expenses of acquisition and replacement of all
uniforms and safety equipment required for the various assignments of police
officers and police sergeants, and that said allowance will meet any and all
obligations the City has by law to provide, furnish, use, or provide for the said
uniforms and safety equipment. Employees shall be required to buy their
own required uniforms and safety equipment and to maintain and replace,
when necessary, any of the said items, from moneys received from the afore
stated allowance. In consideration of the City's agreement to pay said
allowance, the PSPOA agrees not to commence during the effective period
of this MOU, any litigation or other proceeding in which it is contended the
City is failing to comply with a legal obligation to provide safety equipment.
13.2 Master, Senior Police Officer and Serqeant Pav 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 an accredited college or
university. 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 an accredited college or university.
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
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a current ("within the last 6 months") copy of their last performance
evaluation in which they were rated overall satisfactory or higher.
Police SeFpeant 11: To qualify for this additional title and a 5% pay increment,
Police Safety Unit members must have a Bachelors Degree from an
accredited college or university 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 rvSergeant:`Ill:j 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
Nlo &Office ' Officers assigned to Motors will be allowed to report two (2)
hours of comp time per week (which computes to six (6) hours regular pay
per pay period). The Police Department to provide the helmet and leather
jacket.
Gaii'neOfficei`: Officers assigned to the Canine Program will be allowed to
report 2.67 hours of comp time per pay period (which computes to four (4)
hours regular pay per pay period).
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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.
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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.
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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.
Effective December 1, 2004, the City agrees to provide ($50,000) Term Life
Insurance coverage at no cost to the employee.
Effective August 1, 2004, the City's maximum contribution to health
insurance premiums for all currently active members of the Police Safety Unit
are as follows:
Single Party $522.30
Two-Party $1002.50
Family $1062.33
The 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:
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Single Party $522.30
Two-Party $1002.50
Family $1062.33
16.2
The City's maximum contribution for Police Safety Unit member 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 for a
Police Safety Unit member 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 MOU, the amount of the excess shall be paid by the Police Safety Unit
member 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.
14
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16.5
Insurance carriers providing health, hospitalization, life, vision care, drug
coverage, cost care and dental benefits to Police Safety Unit members 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
member, single, single + one or family coverage.
16.6
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 January 1, 1998, any Police Officer
who retires after 20 years of City service will be eligible for retirees coverage
as referenced in 16.1.
16.7
Police Safety Unit members shall remain in the Association-sponsored health
plan and shall not be eligible for any other City insurance plan for the
duration of this MOU .
16.8 Domestic Partner Coveraqe
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. [It is probably illegal to require paperwork of domestic partners that is
not equally required of"traditional married couples".]
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This MOU includes and incorporates by reference herein Rules 14, 15 and 16 of the
City's Personnel Rules.
15
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.
h1:i1[o11:aE:L/A JIa14010J:WQ001
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.
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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 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.
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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.
16
10
rl:11111r[014:1111841MV:1101.`yr-11A viol 99NA0.1161
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.
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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
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 9912000, bringing the total minimum to ten (10) officers.
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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.
i al[ymm-ElDialle li]1[H7/p]nNIC16-101vElmoIIk1[e1
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."
17
• •
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.
25.2
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.
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 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.
25.4
18
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.
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 best result.
25.6
While use of medically prescribed medications and drugs is not per se a violation of
this policy, this policy shall establish that no employee shall operate a City vehicle or
dangerous machinery or equipment while taking any kind of medication or drugs
which are clearly marked that they may cause significant drowsiness or impair an
employee's performance. An employee shall notify his/her supervisor, before
beginning work, when taking such medications or drugs. In the event there is a
question regarding an employee's ability to safely and effectively perform assigned
duties while using such medications or drugs, clearance from a physician
designated by the City may be required. The City reserves the right to send an
employee home on sick leave under these circumstances.
25.7
Employees with substance abuse problems are encouraged to participate
voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance
through the EAP may be sought by an employee with complete confidentiality and
without adverse consequences to his/her employment. Employees should be
aware, however, that a request for assistance through the EAP would not insulate
the employee from disciplinary action already contemplated.
19
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".
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).
ga.]a:f:w:J►1.>r.�r:vl�r:A►aJ 9
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.
I:1:i1[.]�:f�.F:t�`)f 1:�IC1�.`R1►1.DO1�l:1Cl.`lr�l:�:k�el�.`1
28.1 Prohibited Conduct
28.1.1
The Association, its officers, agents, representatives and/or members agree
that during the term of this MOU, they will not cause or condone any strike,
sympathy strike, walkout, slowdown, sick-out, or any other unlawful job
action or concerted activity by withholding or refusing to perform services.
20
28.1.2
Any employee who participates in any conduct prohibited in Sub-Section
29.1.1 above, shall be subject to suspension, demotion or dismissal by the
City.
28.1.3
In addition to any other lawful remedies or disciplinary actions available to
the City, if the Association fails, in good faith, to perform all responsibilities
listed below in Section 29.2, Association Responsibility, the City may
suspend any and all rights and privileges accorded to the Association in this
MOU, including but not limited to suspension of the Grievance Review
Procedure and dues deduction.
28.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members
engage in any of the conduct prohibited in Section 29.1 of this Article, Prohibited
Conduct, the Association shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Agreement and unlawful, and they
must immediately cease engaging in conduct prohibited in said Section 29.1 and
return to work.
I_nil[N[�F�YN[N/_1►1r1�►��1:»e�H:���r�ila►��
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.
I_1:�1[N[N<d�aK�lt�il�[�l[�7►Nl�r�il��r_1i•I�IK�7i,I��:i�:t�IN�.'1;`1
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
21
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.
/d1:i�[N[N(c;�.9N�:1:7_1:{I[I\'��:1.1,��[.9[•7►E.`1
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.
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.
Iqi�[N[N<cfc��q:���i[•]yG\H:��gr�iIN►11
The term of this MOU shall be from July 1, 2004 through June 30, 2005.
34.1 Public Employees' Retirement System
The City shall pay each Police Safety Unit member's contribution to the Public
Employees' Retirement System (PERS). Said payment made by the City shall be
for the employee's contributions, not to exceed nine percent(9%).
Such payments are made in accordance with the provisions of the Internal Revenue
Code, Section 414 (h) (2), and pursuant to California Government Code Section
20615.
The City will contract with PERS for the Improved 1959 Level 4 Survivors Benefit at
no additional cost to the employee,
22
Effective June 2003, 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.
34.2 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 Police Safety Unit members
effective January 1, 1993, and the Association agrees that member employees who
subscribe to the plan shall pay the Plan Administrator's fees.
/G1:i:[y��d:�r�iC��IG1�1►�,Iq►■�:7.11�11►[eLYyaq�]Il�q
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.
I,,1:i�[y��draGh LE�I�1�1�6`1��i1:l�l�[y1
37.1
The PSPOA and the City agree that no persons related by blood or marriage may
be employed in the Palm Springs Police Department at the same time.
Employee(s) of the Police Department who marry another employee of the Police
Department should request a transfer to another City department prior to the date of
marriage if they wish to continue employment with the City. The transfer will be
granted provided they qualify and there is an opening to be filled. If no opening
exists or the employee does not wish to continue employment with the City in
another department they must leave the employment of the City. 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
23
0
or parent/child relationships if the sibling, parent or child is within 24 months of
normal retirement. Employees of the Palm Springs Police Department employed as
a Palm Springs Police Department employee prior to July 1, 1998 and related by
blood or marriage to another employee of the Palm Springs Police Department
employee who was also employed prior to July 1, 1998, is 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. The PSPOA and the
City agree that having married couples working together in the Palm Springs Police
Department involves potential conflicts of interest or other hazards greater for
married couples than for other persons and that for business reasons of
supervision, security and morale the City may impose the following reasonable
regulations on the employment of such married couples in the event that the City
Manager approves the hiring of a spouse or in the event that two employees
already working together in the Palm Springs Police Department marry:
37.2.1
They shall not work the same patrol hours. For purposes of this regulation,
motors will be viewed as a patrol assignment.
37.2.2
They shall not work on the same shift or any shift that overlaps with a shift
that the other spouse works.
37.2.3
They shall not work any overtime or contract overtime at the same time.
37.2.4
They shall not work any special assignments at the same time, including task
forces.
37.2.5
They shall not supervise one another at any time.
24
37.2.6
They shall not be assigned to investigate one another or in any manner
participate in an investigation of an incident that involves a spouse, including
but not limited to incidents where the spouse is an investigator, subject,
victim or witness in the incident.
37.2.7
Supervisors may make exceptions to 37.2.1 through 37.2.4 only in
emergency situations.
�G1:i1N]��c}:�pilf``Iy��A_1►1X�11�`��;i�Dl�9[�]n t,'1
38.1 Claims Against Police Officers
The parties agree that they will continue discussion 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, and may reopen this MOU to include such
language when agreement is reached."
38.2 Joint Draftinq
Each party has cooperated in the drafting and preparation of this MOU. Hence, in
any construction to be made of this MOU, the same shall not be construed against
any party.
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.
25
MUNICIPAL;,EMPLOYEI,RELATIQNS PALM SPRINGS POLICE OFFICERS'' j
REPRESENTATIVE RSSQCIATION
Date U6-03-0t Date
By By oN�
C� M�4NAGER RE ID NT, PS A
BY r/�/' �r BY
UM AK SOU - ES DI"OR / } OARD MEMBER
BY
J �IB,OAAR,D' MBER
APPROVED AS 10 FORM BY
�✓� l).P/VYvkA,
�_ BOARD MEMBER
City Attor�.ay
)ate . i 6+`111 BY
BOARD MEMBER
PSPOA MOU 2004105
APPROVED BY THE CM COurvCIt
A � 99�
26
TO: Employee's Name
FROM: Division Manager or Department Head
SUBJECT: LAST CHANCE AGREEMENT - REFERRAL TO EMPLOYEE ASSISTANCE
PROGRAM
IT IS UNDERSTOOD THAT:
1. You are hereby referred to enroll, participate and successfully complete a
rehabilitation and counseling program as prescribed by the City's Employee Assistance
Program counselor and approved by the City. Successful completion of your Employee
Assistance Program shall be determined by the City and your Employee Assistance
Program counselor.
2. You shall not report for work or perform the duties of your job under the influence
of any alcoholic beverage, illegal substance, or controlled substance. Nor shall you
consume or be under the influence of any alcoholic beverage, illegal substance, or abuse
any controlled substances at any time during the work day.
3. You will freely and voluntarily submit, at any time during the work day, upon
request by (department head) or his designated representative, to any examination
and/or tests, including, but not limited to, blood, urine and breath-a-lizer to determine if
you are complying with or have violated the terms and conditions of your Employee
Assistance Program.
4. Any required participation in the Employee Assistance Program activities or related
programs shall be done on your own personal time, and shall not interfere with you City
work schedule.
5. You shall not be compensated, monetarily or otherwise, by the City for any of your
participation in the Employee Assistance Program activities or related programs.
& All monetary costs incurred for Employee Assistance Program services, beyond
initial counseling and diagnosis, are your personal responsibility.
7. Further terms and conditions may be established by (department head) or his
designated representative after consultation with the Employee Assistance Program
counselor, once the counselor has met with the employee. Any additional terms and
conditions will be reviewed with the employee and attached as an addendum to this
memo.
Department Head
27
I hereby authorize the release of any information relating to my attendance and
compliance with the terms and conditions of my Employee Assistance Program to
(department head) or his designated representative.
I understand and agree to the preceding terms and conditions as set forth. I further
understand that my failure to comply with any of these terms and conditions may lead to
my dismissal from employment with the City of Palms Springs. Failure to comply with the
terms and conditions shall included 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 Wiitness's Signature Date
EXHIBIT A (see ARTICLE 20)
28