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HomeMy WebLinkAbout10/17/2007 - STAFF REPORTS - 2.O. ;DF F A LM sp4 iy c / N + w CqZAFDRa`P City Council Staff Report DATE: October 17, 2007 Consent Agenda SUBJECT: MEMORANDUM OF UNDERSTANDING — PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA) FROM: David H. Ready, City Manager BY: Human Resources SUMMARY The City has reached a tentative agreement with the Palm Springs Police Management Association (PSPMA) representing the Police Management Unit. The City Council will consider adopting a Resolution approving a Memorandum of Understanding between the City and the Police Management Unit. RECOMMENDATION: 1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA) REPRESENTING THE POLICE MANAGEMENT UNIT, FOR THE PERIOD JULY 1, 2007 THROUGH JUNE 30, 2010, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING. 2. Authorize the City Manager to execute the Memorandum of Understanding in a form acceptable to the City Attorney. 3. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING THE FISCAL YEAR 2007-08 BUDGET." STAFF ANALYSIS: The City, through its Municipal Employee Relations Representative (MERR), and representatives of the Palm Springs Police Management Association representing the Police Management Unit have met and conferred in good faith with the Municipal ITEM NO. City Council Staff Report October 17, 2007-- Page 2 Police Management Unit STAFF ANALYSIS: Employee Relations Representative (MERR) and have reached agreement on the terms and conditions of a Memorandum of Understanding (MOU) governing employees of the City of Palm Springs within the Police Management Unit for the period July 1, 2007 through June 30, 2010. At the Council's request, the Unit has agreed to cap both the Sick Leave and Annual Leave banks to the same levels as agreed by the Palm Springs Police Officers Association (PSPOA). The Police Management Unit and the MERR jointly recommend adoption of such MOU by the City Council. FISCAL IMPACT: The estimated General Fund costs for the median adjustments and future COLAS will be $158,835. The General Fund cost for FY 07/08 is $98,829.00. Susan Mills, Direct Human Resources David H. Ready, Ci -11 ty Attachments: Resolutions �o�Q �n RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA), FOR THE PERIOD JULY 1, 2007 THROUGH JUNE 30, 2010, SUBJECT TO UNIT'S RATIFICATION AND EXECUTING THE MEMORANDUM OF UNDERSTANDING. WHEREAS, Resolution 16438 designates the City Manager (acting personally or through a delegee) as the Municipal Employee Relations Representative (MERR) who shall be the City's principal representative on all matters of employer- employee relations, with authority to meet and confer in good faith on matters within the scope of representation, including wages, hours, and other terms and conditions of employment; and WHEREAS, the City, through its Municipal Employee Relations Representative (MERR), has met and conferred in good faith on wages, hours, terms and other conditions of employment with the Palm Springs Police 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. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the Memorandum of Understanding between PSPMA and MERR, for the period July 1, 2007 through June 30, 2010, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon ratification and execution of said Memorandum of Understanding in a farm approved by the City Attorney. SECTION 2. The salary tables consistent with this Resolution attached and incorporated herein supersede and amend the Allocation Positions and Compensation Plan adopted by Resolution 21907. 000003 Resolution No, Page 2 ADOPTED THIS 17th day of October, 2007, David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 0000G�. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BUDGET FOR THE 2007-08 FISCAL YEAR. WHEREAS Resolution 21901 approving the budget forthe fiscal year 2007-08 was adopted on June 6,2007; and WHEREAS the City Manager has recommended, and the City Council desires to approve, certain amendments to said budget; NOW THEREFORE BE IT RESOLVED that the Director of Finance is authorized to record inter-fund cash transfers as required in accordance with this Resolution, and that Resolution 21901, adopting the budget for the 2007-08 fiscal year is hereby amended as follows' SECTION 1. ADDITIONS Fund Activity Account Amount 40000 001 3010 Regular $ 98,829 General Police Employees Purpose To fund a new MOU with Police Management SECTION 2. SOURCE. Fund Activity Account Amount 001 29301 $98,829 General ADOPTED THIS day of , 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk �0®QUy� CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 00000- CITY OF PALM SPRINGS FY 2007-08 POLICE LIEUTENANT- POLICE MANAGEMENT SALARY SCHEDULE (LT-PMX) 2.5% Between Ranges; 5% Between Steps RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 66 Hourly $ 44.82 $ 47,09 $ 49.48 $ 51.99 $ 54.61 Bi-weekly $ 3 58523 $ 3,767.08 $ 3 958.15 $ 4,158.92 $ 4,368.92 Monthly $ 7,768 $ 8,162 S 8,576 $ 9,011 $ 9,466 Annual $ 93,216 $ 97,944 $ 102 912 $ 108 139 $ 113 592 67 Hourly $ 45.93 $ 48,27 $ 50-711 $ 53.281 S 55.98 Bi-weeklyS 3,674.77 $ 3,861.691 $ 4,056.461 $ 4,262.31 $ 4,478.31 Monthly $ 7 962 $ 8,3671 $ 8,7891 $ 9,2351 $ 9,703 Annual $ 95,544 $ 100,4041 $ 105 468 $ 110 820 $ 116,436 68 Hourl $ 47.09 $ 49A $ 51.99 $ 54.61 S 57.36 Bi-weekl $ 3 767.08 $ 3,958.15 S 4,15892 $ 4,368.921 S 4 589,08 Monthl $ 8 162 $ 8,576 $ 9,011 $ 9 466 $ 9 943 Annual $ 97.944 $ 102.912 $ 108 132 $ 119 592 $ 119 316 69 Hourl $ 48.27 $ 50.71 $ 53.28 S 55,98 $ 58.81 Bi-weekl $ 3 861.69 S 4,056.46 $ 4 262.31 $ 41478.31 $ 4 704.92 Mont $ 8 367 $ 8,789 $ 9,235 $ 9,703 $ 10,194 Annual $ 100 404 $ 105,468 $ 110 820 $ 116.436 $ 122,328 70 hog! $ 49.48 $ 51.9-91 $ 54.61 S 57.361 $ 60.27 Bi-weekly $ 3,958.15 $ 415892 $ 4,368.921 $ 4,589,081 $ 4,821.23 Monthl $ 8,576 $ 9,011 $ 9,4661 $ 9 943 S 10 446 Annual $ 102,912 $ 108,1321 $ 113,5921 $ 119,3161 $ 125 352 71 Hourly $ 50.71 S 53.28 $ 55.98 $ 58.81 $ 61.78 Bi-weekly $ 4,056.46 $ 4,262,31 $ 4,47831 $ 4,7049 2 $ 4 942.15 Monthly $ 8,789 $ 9,235 $ 9,703 $ 10 194 $ 10 708 Annual $ 105.468 $ 110.820 $ 116 436 $ 122 328 $ 128 496 72 Hourly $ 51.99 $ 54.61 $ 57,36 $ 60.27 $ 63.32 Bi-weeklyS 4,158,92 $ 4 368.92 $ 4,589.08 $ 4 82123 $ 5,065.85 Monthl $ 9,011 $ 9 466 $ 9,943 $ 10,4461 $ 10 976 Annual $ 108,132 S 113 592 $ 119 316 $ 125 352 $ 131 712 73 Hourly $ 53,28 $ 55.98 $ 58.81 $ 61-781 $ 64.91 Bi-weekly $ 4,262,31 $ 4,478.31 $ 4,704.92 S 4,942.151 $ 5,192.77 Monthly $ 9,235 $ 9 703 $ 10,194 $ 10,7081 $ 11.251 Annual $ 110,820 $ 116,436 $ 122.328 $ 128 496 $ 135 012 74 HOurly S 54,61 $ 57.36 S 60.27 S 63.321 $ 66.53 BLweekl $ 4,368.92 $ 4,589.08 S 4,821,23 $ 5,065.85 $ 5,322.46 Monthly $ 9,466 $ 9,943 S 10 446 $ 10,976 $ 11,532 Annual $ 113,592 $ 119,316 $ 125,352 $ 131,7121 $ 138,384 Current Ranges for LT-PMX-POLICE LIEUTENANT as of July 1,2007 0600C, i Median adjustment approved by Council Ocicbur 17 2007 CITY OF PALM SPRINGS FY 2007-08 POLICE LIEUTENANT- POLICE MANAGEMENT SALARY SCHEDULE (LT-PMX) 2.5% Between Ranges; 5% Between Steps RANGE I WAGE RATE. STEP 1 STEP 2 STEP 3 1 STEP 4 STEP 5 75 Hourly $ 55.98 $ 58,81 $ 61.78 $ 64.91 $ 68,19 Bi-weekly $ 4,478.31 $ 4,704,92 $ 4,942.15 $ 5 192.77 $ 5454.92 Monthly $ 9,703 $ 10,194 $ 10,708 $ 11,251 $ 11 819 Annual $ 116,436 $ 122,328 $ 128,496 $ 135,012 $ 141 828 76 Hourly $ 57.36 $ 60.271 63.321 $ 66.531 $ 69.90 Bi-weekly $ 4,589.08 $ 4,821.23 $ 5 065.85 $ 5,322.461 $ 5 592.00 Monthly $ 9,943 $ 10,446 $ 10 976 $ 11 532 $ 12 116 Annual $ 119,316 $ 125,352 $ 131 712 $ 138,3841 $ 145,392 77 Hourly $ 58.81 $ 61.78 $ 64.91 $ 68.19 $ 71.64 Bi-weekly $ 4 704.92 $ 4 942.15 $ 5,192,77 $ 5,454.9 $ 5,731.38 Monthly $ 10 194 $ 10 708 $ 11,251 $ 11,819 $ 12,418 Annual $ 122,328 $ 128,496 $ 135,012 $ 141.828 $ 149.016 78 Hourly $ 60.2 $$ 63.32 $ 66.53 $ 69.90 $ 73,43 Bi-weekly $ 7223 $ 5,065.85 $ 5,322.46 $ 5,592.00 $ 5,874,00 Monthly $ 46 $ 10 976 $ 11532 $ 12116 $ 12 727 Annual $ 52 $ 131.712 $ 138.384 $ 145.392 $ 152.724 79 Hourly $ 61.78 $ 64.91 $ 68.19 $ 71.64 $ 75,27 Bi-weekl $ 4 942.15 $ 5,19 2.77 $ 5 454.92 $ 5 731.38 $ 6 021.69 Monthl $ 10 708 $ 11 251 $ 11 819 $ 12 418 $ 13 047 Annual $ 128 496 $ 135 012 $ 141,828 $ 149 016 $ 156 564 Current Ranges for LT-PMX-POUCE LIEUTENANT as of July 1,2007 Median adjustment approved by Council October 17 2007 CITY OF PALM SPRINGS FY 2007-08 POLICE CAPTAIN - POLICE MANAGEMENT SALARY SCHEDULE (PMX) 2.5% Between Ranges; 5% Between Steps RANGE WAGE RATE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 73 Hourly $ 53.00 $ 55.68 $ 58.50 $ 61.45 $ 64.57 Bi-weekly $ 4,240,15 $ 4,454.77 $ 4,680,00 $ 4,916.31 $ 5,165.54 Police Monthly $ 9187 $ 9,652 $ 10,140 $ 10,652 $ 11,192 Captain Annual $ 110,244 $ 115,824 $ 121,680 $ 127 824 $ 134,304 74 Hourly $ 54.32 $ 57.06 $ 59.95 $ 62.99 $ 66.18 Bi-weekl $ 4,345,85 $ 4,565.08 $ 4,796,31 $ 5,039.54 $ 5,294.77 Monthl $ 9,416 $ 9,891 $ 10,392 $ 10,919 $ 11, 172 Annual $ 112,992 $ 118,692 $ 124,704 $ 131,028 $ 137,664 75 Hourl $ 55.68 $ 58.50 $ 61.45 $ 64.57 $ 67.83 Bi-weekl $ 4,454.77 $ 4,680.00 $ 4,916.31 $ 5,165.54 $ 5,426.31 Monthl $ 9,652 $ 10,140 $ 10652 $ 11,192 $ 11,757 Annual $ 115.824 $ 121,680 $ 127,824 $ 134,304 $ 141,084 76 Hourly $ 57.06 $ 59.95 $ 62,99 $ 66.18 $ 69.54 Bi-weekly $ 4,565.08 $ 4,796.31 $ 5,039.54 $ 5,294,77 $ 5,562.92 Monthly $ 9,891 $ 10,392 $ 10,919 $ 11472 $ 12,053 Annual $ 118,692 $ 124,704 $ 131,028 $ 13, 664 $ 144,636 17 Hourly $ 58.50 $ 61.45 $ 64.57 $ 67.83 $ 71.27 Bi-weekly $ 4,680.00 $ 4,916.31 $ 6,165,54 $ 5,426.31 $ 5,701.38 ,Monthly $ 10,140 $ 10,652 $ 11 192 $ 11,757 $ 12 353 Annual $ 121,680 $ 127.824 $ 134.304 $ 141,084 $ 148,236 78 Hourly $ 59.95 $ 62.99 $ 66.18 $ 69.54 $ 73.04 Bi-weekly $ 4,796.31 $ 5,039,54 $ 5,294.77 $ 5 562.92 $ 5,843.54 .Monthly $ 10,392 $ 10,919 $ 11472 $ 12,0531 $ 12,661 Annual $ 124 704 $ 131,028 $ 137,664 $ 144,6361 $ 151,932 79 Hourly $ 61.45 $ 64.57 $ 67.83 $ 71-271 $ 74.88 Bi-weekly $ 4,916.31 $ 5,165.541 $ 5,426.31 $ 5,701.381 $ 5,990.31 Monthly $ 10,652 $ 11,1921 $ 11,757 $ 12,3531 $ 12,979 Annual $ 127,824 $ 134,3041 $ 141,084 $ 148,2361 $ 155,748 Current Ranges for PMX-POLICE CAPTAIN as of July 1,2007 OG0001� Median adjusiment approved by C04nCll October 17,2007 �O pALM Spy iy c G N k Hro ee0�ni Y C`,q<I FO PALM SPRINGS POLICE MANAGEMENT ASSOCIATION ( PSPMA) MEMORANDUM OF UNDERSTANDING J U LY 11 2007 - J U N E 30, 2010 N&lof 14 l PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA) MEMORANDUM OF UNDERSTANDING JULY 1, 2007 -JUNE 30, 2010 ALPHABETICAL Page Article Annual Leave 9-10 20 Cell Phone Allowance 12 19A Disposition of Sick Leave Upon Separation 5-6 11 Drug Policy/Drug Screening 7-9 17 Educational Incentive Pay 9 18 Federal and State Laws 5 10 Holidays 6 14 Insurance (Health, Dental, Life & Vision Benefits) 7 Insurance for Retirees 4 8 Longevity Pay 11 23 Maintenance of Benefits 2 5 Mileage Reimbursement 6 13 Overtime 6 16 Payroll Deduction 1 3 Personal Days 10 22 Practices 2 4 Recommendation 1 1 Retirement 4-5 9 Salaries 6 12 Sick Leave 10 21 Strikes and Work Stoppages 2-3 6 Term 1 2 Uniform Allowance 9 19 Work Schedule 6 15 2 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, 2007 - JUNE 30, 2010 This Memorandum of Understanding is entered into with reference to the following facts. A. The Palm Springs Police Management Association, hereinafter referred to as the Association, is the exclusive recognized employee organization for members it represents employed by the City in the Police Management Unit as defined in Section 8.1.4 of the Employer-Employee Relations Resolution, Resolution 16438, as amended by Resolution 17793. B. The Association and the Municipal Employee Relations Representative, hereinafter referred to as the MERR, have met and conferred in good faith on wages, hours and other terms and conditions of employment for the employees represented by the Association in the aforesaid group and have reached agreements which are set forth in this Memorandum of Understanding, hereinafter referred to as the MOU. THE ASSOCIATION AND MERR agree as follows: 1. 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, 2007, and terminating at midnight, June 30, 2010; 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. 3. PAYROLL. DEDUCTION The City will provide payroll deduction on request of the Association for dues, assessments, and other deductions authorized by the Association. Remittance will be bi-weekly to the Association's treasurer. Pip).rl j 3 000v" ": 4. PRACTICES It is understood that existing ordinances, resolutions, and policies of the City cover matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies, including Sections 4,5,6,7 and 13 only of the Employer-Employee Relations Resolution 16438 are hereby incorporated by this reference and made a part hereof as though set forth in full and except as provided herein shall remain in full force and effect during the term hereof. The City and its employees shall continue to have the rights and prerogatives as set forth in Sections 4,5,6,7 and 13 of Resolution 16438, and nothing in this MOU shall be deemed in any manner to abridge, restrict or modify the same except as limited by the Strikes and Work stoppages section of this MOU- S. MAINTENANCE OF BENEFITS The status of all existing benefits and conditions of employment now enjoyed by the members represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof. 6. STRIKES AND WORK STOPPAGES 6.1 Prohibited Conduct The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or refusing to perform services. Any employee who participates in any prohibited conduct listed above shall be subject to suspension, demotion, or dismissal by the City. In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below as Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and Dues Deduction. N,,Cif IC 4 00013 6.2 Association Responsibility In the event that the Association, its officers, agents, representatives, or members engage in any Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in said Section 6.1 and return to work. 7. INSURANCE — Health, Hospitalization, Drug, Vision and Life For members of PSPMA, the City agrees to contribute up to the following amounts toward health, hospitalization, drug coverage, through such program(s) as shall be designated by the PSPOA 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 and $20,000 AD&D coverage at no cost to the employee. Parties to agree: Effective August 1, 2007, the City's maximum contribution to health insurance premiums for all currently active members of PSPMA are as follows: Single $588.21/month; Two Party $1129.01/month; Family $1196.35/month. In the event the premium charges for the current Blue Shield health, hospitalization program exceed the City's maximum contribution by 10% 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. 7.1 Dental 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 Aetna for all members. Effective August 1, 2007, the City's maximum contribution for dental insurance shall be as follows for all members: Single $33.35/month; Two Party $45.70/month, Family $65.76/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. Pudc 5 of IJ 5 7.2 Domestic Partner Coverage In accordance with City of Palm Springs Ordinance No. 1578, Domestic Partner coverage has been added to the current health, dental and vision coverage. 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 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. 8. HEALTH INSURANCE FOR RETIREES Tier I: In service employees hired prior to (or received a written offer of employment) prior to October 20, 2005 shall receive health insurance for retirees as follows: A. After 20 years of continuous full time service, 75% of the premium for retirees health insurance coverage will be paid by the City. B. After 25 years of continuous full-time service, 100% of the premium for retirees health insurance coverage will be paid by the City. The City's contribution as described above will be based on the coverage type (single, two-party or family) in effect at the time of retirement. In the event of the employee's death, the City's contribution will end. The surviving spouse may remain on the plan as a retiree without a City contribution to the premium. Retired employees who have not completed 20 years of City service, shall be entitled to participate at his/her own cost in the Association's health, hospitalization and drug coverage plan. P Ge Lofl4 6 Tier Il: For all new employees initially hired by the City after October 20, 2005, there will be no City contribution for retiree health benefits. The City will, however, make a $50.00 per month contribution to an employee Retiree Health Savings Plan and the associated fixed dollar cost of administration. 9. RETIREMENT 9.1 PERS Contributions - Public Em to ees' 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 O (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 continue to contract with PERS for the Improved 1959 Level 4 Survivors Benefit at no additional cost to the employee. The City will continue 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. 10. FEDERAL AND STATE LAWS It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or Pa,7 mr IC 7 600026 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. 11. DISPOSITION OF SICK AND EXCESS SICK LEAVE UPON SEPARATION Accrued sick and excess sick leave shall be paid upon retirement from the City service. Upon separation all unpaid accrued and vested annual leave will be paid at the employee's current salary rate. All unpaid accrued and vested annual leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law. 12, SALARIES 07-01-2007 11.32% median adjustment to the classification of Police Lieutenant. 10.74% median adjustment to the classification of Police Captain. 06-29-2008 COLA equal to the CPI from April 1, 2007 to April 1, 2008 but not less than 3% and no more than 5%. 06-28-2009 COLA equal to the CPI from April 1, 2008 to April 1, 2009 but not less than 3% and no more than 5%. 13. MILEAGE Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive vehicle travel is required, a City vehicle should be provided and the auto allowance will not be removed until the issue is reconciled. 14. HOLIDAYS 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 8.4.3.1 will be incorporated into base pay. PoYc A d W S 7WORKLE s will be allowed to work a 4/10 or three (3) twelve and a half (12 'Y2) flex workweek at the discretion of the Chief of Police. 16. OVERTIME Police Lieutenants shall be compensated for overtime worked at a rate of fifty percent (50%) above the employee's regular hourly rate for the time worked in excess of forty (40) hours per work week. For the purpose of overtime computation, the forty (40) hours are to include any leave or absence with pay. Police Lieutenants must be authorized by the Chief of Police or Police Captains to work overtime. 17. DRUG POLICY/DRUG SCREENING The City of Palm Springs and the Association have a vital interest in maintaining safe, healthful and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but also to co-workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means while on City premises, at work locations, or while on duty or being compensated on an "on call status PSPMA and the City recognize that their future is dependent on the physical and psychological well being of all employees. PSPMA and the City mutually acknowledge that a drug and alcohol-free work environment benefits employees and citizens, and members agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place. The purpose of this article is to define the City's drug and alcohol policy as well as the possible consequences of policy violation. 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 N'.9 d 11 9 0000181 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 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. Pulp 10 f IC to d0o�®? 17.6 While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs which are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify his/her supervisor, before beginning work, when taking such medications or drugs. In the event there' is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these circumstances. 17.7 Employees with substance abuse problems are encouraged to participate voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete confidentiality and without adverse consequences to his/her employment. Employees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated. Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City will refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll, participate in and successfully complete a rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement." 18. EDUCATIONAL INCENTIVE PAY 1. PSPMA members will be eligible to receive an additional 5% in compensation for a Master's Degree from a college or university accredited by either the Council for Higher Education Accreditation ("CHEA") or the U.S. Department of Education ("USDE"); or upon possession of a Management Certification issued by Peace Officers Standards and Training (POST). 2. 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. Pew 11 nn 1 11 19. UNIFORM AND CELL PHONE ALLOWANCE 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. Effective February 1, 2007, the City will pay each Unit member fifty dollars a month ($50) Cell Phone Allowance in lieu of a City provided cell phone. 20. ANNUAL LEAVE PSPMA Unit members shall be eligible to use annual leave as it is accrued. Effective January 1, 2008 annual leave shall accrue to a maximum of four hundred (400) hours. PSPMA Unit members may request payment of vacation leave in lieu of time off. Such cash-ins of vacation leave will be permitted twice per year on the second pay-day in July and on one on the first pay-day in December. Effective January 1, 2008, all accrued and unused Annual Leave shall be placed in a special excess annual leave bank. Unit members can draw against this special excess annual leave bank at any time; or may cash out hours on a semi-annual basis until all hours are exhausted. Accrued unused annual leave in the excess annual leave bank shall be paid upon separation from City service. 20.1 Accrual Rates for Employees Hired Before July 51 1981 PSPMA members hired before July 5, 1981 shall accrue and vest annual leave on a monthly basis in accordance with the fallowing schedule: YEARS OF SERVICE HOURS ACCRUED& VESTED MONTHLY O through-6- 12 6 throw h 10 16 11 16.67 12 1734 13 18 14 1867 15 19.34 16 20 17 and afor 20 67 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: ry iz orn 12 HOURS ACCRUED& YEARS OF SERVICE VESTED MONTHLY 0 through 5 12 6 through 10 14 11 and after 16 21. SICK LEAVE PSPMA employees shall accrue ten (10) hours of paid sick leave upon each full month of service. In December 2007, PSPMA employees who have accumulated in excess of 720 hours of sick leave may cash-out or deposit to deferred compensation up to 550 hours. This provision applies to the calendar year 2007 only. Effective January 1, 2008 sick leave will be subject to the provisions below. Effective January 1, 2008 sick leave shall accrue to a maximum of three (3) months or five hundred and twenty (520) hours. After the sick leave accrual in December of any year, employees who have accumulated more than 520 hours during the preceding twelve (12) month period, unused sick leave above 520 hours shall be compensated by a cash payment in the last pay date of the calendar tax year, in an amount equal to the employee's straight time hourly rate of pay for those unused accumulated sick leave hours. Effective January 1, 2008, Unit members with accrued unused sick leave in excess of the new 520 hour annual sick leave accrual cap will have all hours in excess of 520 placed into a special excess sick leave bank that will exist for three years. During the three years employees can draw against or cash out on a semi-annual basis as set forth below from this special excess sick leave bank until all hours are exhausted. If the special excess sick leave bank is not exhausted by the end of three years, then the City will cash out and eliminate the special leave bank effective December 30, 2010. 22. PERSONAL DAYS Effective February 17, 2005, Police Captains will be given six (6) personal days per year at the beginning of each calendar year. Time must be used within the calendar year deposited, and any unused time will not roll forward but will be lost. cup.U,,r 14 13 23. LONGEVITY PAY Effective July 2, 2006, Police Management Unit employees who have completed fifteen (15) years continuous years of service with the City of Palm Springs will be eligible to receive an additional 5% in compensation as longevity pay. MUNICIPAL EMPLOYEE RELATIONS PALM SPRINGS POLICE REPRESENTATIVE MANAGEMENT ASSOCIATION Date: Date: Q G n -QA- P -z00,1 BY: BY: �1n1_i c _ I .cc�_ 1�1 CITY MANAGER ASSOCIATION PRESIDENT BY: DIRECTOR OF HUMAN RESOURCES Attest: CITY CLERK APPROVEDASTO FORM: air Title: �� rL✓_, Pad¢a nr Il 14