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HomeMy WebLinkAboutResolution No. 6415 (Police Dept Compensation Working Conditions)RESOLUTION NO. 6415 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NO. 6078 and 5929 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL WHEREAS, the City of San Rafael and the Police Association have met and conferred with regard to wages, hours and working conditions in accordance with the provisions of the Meyers-Milias- Brown Act; and WHEREAS, a Memorandum of Understanding dated October 4, 1982 and consisting of 7 pages and Exhibits A, B, C, and D has been executed by duly authorized representatives for both parties. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: Section 1. From and after the date of adoption of this Resolution, the City of San Rafael and the San Rafael Police Assoc- iation shall utilize the Memorandum of Understanding dated October 4, 1982, as the official document of reference respecting compensa- tion and working conditions for Police Department personnel, Section 2. The schedules describing classes of posi- tions and salary ranges attached in Exhibits A, B, C, and D, to said Memorandum of Understanding, together with the Memorandum of Understanding itself are hereby adopted and both shall be attached hereto and incorporated in full. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City of San Rafael, the 4th day of October lowing vote, to wit: , 1982, by the fol - AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen & Mayor Mulryan NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None ABSTAINED:COUNCILMEMBERS:Frugoli JE M. LEONCINI, City Clerk MEMORANDUM OF UNDERSTANDING WHEREAS, authorized representatives of the CITY OF SAN RAFAEL, a chartered city (hereinafter referred to as "City"), and authorized representatives of the SAN RAFAEL POLICE ASSOCI- ATION, the recognized employee organization representing various employees of the San Rafael Police Department (hereinafter referred to as "Association"), have met and conferred concerning wages, hours, and working conditions; NOW, THEREFORE, IT IS AGREED that, pursuant to the provisions of the Meyers-Milias-Brown Act, the matters set forth in this Memorandum and attached exhibits constitute the written Memoran- dum of Agreement between the City and the Association and shall apply to all employees represented by the Association, to wit: all employees of the Police Department, except the Police Chief, captains, lieutenants, and the secretary to the Police Chief. IT IS FURTHER AGREED that this Memorandum of Understanding is subject to the approval of the San Rafael City Council. Dated: October 4, 1982 SAN RAFAEL POLICE ASSOCIATION By Preside By - CiL63��� Association Attorney CITY OF SAN RAFAEL hianti sel Robert' F . F y fr City Manager IIV1 C.� MEMORANDUM OF UNDERSTANDING SAN RAFAEL POLICE ASSOCIATION I. TERM This Agreement shall be in effect from July 1, 1982, through June 30, 1983. II. LAWSUIT The City and the Police Association agree to effect settlement of the lawsuit filed by the Police Officers Association on the following basis: - City to make a lump sum payment in an amount not to exceed an average of $2,238 per person, based upon a Patrolman's top pay and prorated on dates of employment and actual salary base; - Lump sum payment by City to recognize overtime and holiday pay for each member of the Association, as appropriate, for the periods specified in the lawsuit; - Lump sum payment to be made in two equal install- ments, October 1, 1982, and January 1, 1983, by City; - Lump sum payment to be made to all persons represented by the Police Officers Association bargaining unit who were employed at any time during the period July 1, 1979, through June 30, 1982; - Settlement of lawsuit by lump sum payments will occur concurrently with adjustment in base salary effective when payment made as set forth in Exhibits B and C; - Police Officers Association hereby dismisses their lawsuit with prejudice upon execution of this M.O.U., each side to bear its own fees and costs incurred in connection with lawsuit. �i � Y_�f III. SALARIES A five percent (5%) across-the-board salary adjustment for all classifications shall be paid to all employees covered by this resolution effective July 1, 1982. A three percent (3%) across-the-board salary adjustment for all classifications shall be paid to all employees covered by this resolution effective April 1, 1983. The settlement of the lawsuit and the across-the-board salary changes reflects an adjustment in the base salary as follows: Date a. July 1, 1982 (5%) Exhibit A b. October 1, 1982 1/2 payment for lawsuit Exhibit B C. January 1, 1983 final payment for lawsuit Exhibit C d. April 1, 1983 (3%) Exhibit D Step increases shall be effective on the anniversary date of employment and shall be paid pro rata on each payday. IV. MEDICAL INSURANCE Effective October 1, 1982, as'an added fringe benefit, a maximum amount of $150.00 per month will be contributed towards the cost of each eligible employee's health, accident, life and disability insurance package. Selection of coverage must include the employee's basic health plan and $5,000 life insurance program offered by the City. The difference between the allotted amount and the cost of the individual's health and insurance plan costs will be paid to the employee. V. RETIREMENT CONTRIBUTION City agrees to payment of employees' contribution to Marin County Retirement System, up to a maximum of four percent (4%) of the employee's salary. VI. LONG-TERM DISABILITY INSURANCE City agrees to cooperate with and permit Police Bargain- ing Unit to withdraw from City's long-term disability plan to PORAC Plan so long as, and only if, such withdrawal is at no cost to City, either in additional cost of premiums to PORAC, or change in experience rating to City. - 2 - VII. SICK LEAVE ACCUMULATION AND ELIMINATION FOR NEW EMPLOYEES ' Upon termination of employment, by resignation, retire- ment or death, an employee who leaves the municipal service in good standing shall receive compensation for all accumulated unused sick leave based upon the rate of three percent (3%) for each year of service, to a maximum of fifty percent (50%). After July 1, 1979, no new employee of the Police Depart- ment shall be entitled to payment for accrued sick leave benefits as set forth hereinabove. VIII. VACATION RELIEF Vacation sign-up procedure is to remain as it is at the present time. After the second circulation of the vacation roster, there will be a voluntary sign-up period. If there is a vacancy, then an employee will be allowed to coordinate his/her vacation schedule to follow the employee's last day off. IX. EDUCATIONAL INCENTIVE The educational incentive program now in existence for employees of the Police Department shall continue; payment for POST Intermediate Certificate and for Advanced Certificate shall be fixed at the following maximum amounts: Intermediate Certificate Advanced Certificate Sergeant $103.00 $149.00 Corporal 95.00 134,.00 Officer 89.00 129.00 X. LONGEVITY PAY A jointly sponsored City/Association task force shall continue to analyze the subject of longevity pay and report back with its recommendations prior to the termination of this Memorandum of Understanding. XI. SHIFT CHANGES The parties hereto agree that changes in the days or hours of the regular work schedule of an employee shall entitle such employee to overtime compensation at the rate of time and one-half for any hours worked outside the employee's regular work - 3 - 1 schedule, unless City shall have given employee seven (7) days notice of such change; provided, however, that no advance -notice to employees by City of shift change shall be required and no overtime shall be required to be paid by City when shift changes occur as the result of work related emergencies, multiple sick- nesses, disabilities or injury, or at the specific request of an employee. If a shift change is due to work-related illness or accident, it shall be considered an emergency and no overtime to be paid. If sickness or injury is non -work related, then time and one-half is to be paid for hours spent outside employee's regular assigned shift. XII. PERSONNEL RULES The City will continue to meet and confer with repre- sentatives of the Police Officers Association concerning modifi- cations to the Personnel Rules. XIII. UNIFORM ALLOWANCE Uniformed members of the Police Department shall receive a uniform allowance in the amount of $175.00 at the completion of each six (6) months of service ending June 30 and December 31; a proration at the rate of $29.00 per month may be given for a portion of the first and last six (6) months of service,upon recommendation of the Department Head and approval of the City Manager. Administrative and Investigative personnel who occasion- ally wear a uniform shall receive $100.00 at the completion of each six (6) months of service ending June 30 and December 31. XIV. DENTAL INSURANCE Effective July 1, 1982, the City will contribute a maximum amount of $29.48 per month towards the cost of each eli- gible employee's dental insurance. An insurance plan may be designated by the City which more fully covers the employee for preventative dental care and orthodontia. XV. ADDITIONAL PAY FOR POLICE DEPARTMENT a. Overtime. All represented employees who are required to work in excess of their basic work week during any one week =I= shall accrue compensatory time off at the rate of time and one-half. Upon accrual of five (5) days or forty (40) hours of overtime, members of the Police Department shall be paid at the rate of time and one-half of their established hourly rate. Notification by the Officer in Charge proposing that compensatory time be taken, or by the employee's requesting time off, on any specific date must be submitted not less than five (5) days in advance for the mutual agreement of both parties. Overtime shall be mandatory, but shall be administered in a non-discriminatory way. (b) Court Pay. Police officers who are required in the course and scope of their official employment to appear in Court or other official hearings other than during their regular tour of duty or shift of hours shall receive a minimum of two (2) hours pay at overtime rate; if such appearance is required to be made by a member of the Department on a day off, he shall receive a minimum of three (3) hours pay at overtime rate. (c) Call -Back Pay. Call-back.pay shall be provided at 1 1/2 times the regular rate with a two-hour minimum whenever required by the department and with the expectation that the full two hours will be worked. (d) Police Matron. Female employees who are requested to perform the duties of Police Matron shall receive $2.50 per hour in addition to their regular hourly rate of pay for only actual time served in this capacity. (e) Holidays. The shift personnel in the Police Depart- ment, namely the Police Sergeant, Police Corporal, Police Officer, Communications Dispatcher and Police Cadet, are entitled to straight time compensation for every holiday in each given year which all other City employees received as time off. Said com- pensation shall be paid twice each year on the first pay period of December and the first pay period of June. XVI. UNION RELEASE TIME Eighty hours per year shall be provided for union release time, apart from MMB activity, with ten days' advance notice and approval of the department head. XVII. EXISTING LAWS, REGULATIONS AND POLICIES This Memorandum is subject to all applicable laws. XVII. STRIKES AND LOCKOUTS During the term of this Memorandum, the City agrees that it will not lock out employees, and the Association agrees that it will not encourage or approve any strike or slowdown r"M growing out of any dispute relating to the terms of this Agreement. The Association will take whatever lawful steps are necessary to prevent any interruption of work in violation of this Agreement, recognizing with the City that all matters of controversy within the scope of this Agreement shall be settled by established procedures set forth.in the City's charter, ordinances, and regulations, as may be amended from time to time. XVIII. FULL UNDERSTANDING, MODIFICATION, WAIVER (a) The parties jointly represent to the City Council that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding the matters set forth herein. (b) Except as specifically otherwise provided'herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, to meet and confer with respect to any subject or matter covered herein, nor as to wages or fringe benefits during the period of the term of this Memorandum. The foregoing shall not preclude the parties hereto from meeting and conferring at any time during the term of this agreement with respect to any subject matter within the scope of meeting and conferring for a proposed Memorandum of Understanding between the parties to be effective on or after July 1, 1983. XIX. PREVAILING RIGHTS All matters within the scope of meeting and conferring which have previously been adopted through rules, regulations, ordinance or resolution, which are not specifically superseded by this Memorandum of Understanding shall remain in full force and P� effect throughout the term of this Agreement. XX. SEVERABILITY If any article, paragraph or section of this Memorandum shall be held to be invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or any enforcement of any provision hereof be restrained by such tribunal, the remainder of this Memorandum shall not be affected thereby, and the parties shall enter into meeting -and -confer sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. Dated: October 4, 1982 SAN RAFAEL POLICE ASSOCIATION CITY OF §AN RAFAEL By President By A an Davis, Association Attorney 99. 2 A/22 as G ragghian S ecial Counsel arc EXHIBIT "A" (A) Effective July 1, 1982, the following classes of positions and salary ranges are hereby created for Police Department Personnel: Sal ary Range No. Title A B C D E P-17 Police Sergeant 2028 2122 2231 P-17 Police Inspector 2028 2122 2231 P -15a Police Corporal 1813 1901 1998 P -14a Police Officer 1581 1654 1731 1813 1901 P -14a Park Ranger 1581 1654 1731 1813 1901 P-10 Communications Dispatcher 1284 1344 1407 1469 1538 P-10 Property Clerk 1284 1344 1407 1469 1538 P -7a Police Secretary 1152 1202 1261 1314 1372 P-7 Parking Enforcement Officer 1125 1175 1229 1284 1344 P -6a Police Stenographer 1100 1152 1202 1261 1314 P -6a Police Records Clerk 1100 1152 1202 1261 1314 P -5a Police Typing Clerk II 1054 1100 1152 1202 1261 P -4a Police Clerk 1007 1054 1100 1152 1202 P -3a Police Typing Clerk I 965 1007 1054 1100 1152 Py Cadet 847 887 930 969 1014 111 A/21 EXHIBIT "B" (A) Effective October 1, 1982, the following classes of positions and salary ranges are hereby created for Police Department Personnel: Sal ary Range No. Title P-17 Police Sergeant P-17 Police Inspector P -15a Police Corporal P -14a Police Officer P -14a Park Ranger P-10 Communications Dispatcher P-10 Property Clerk P -7a Police Secretary P-7 Parking Enforcement Officer P -6a Police Stenographer P -6a Police Records Clerk P -5a Police Typing Clerk II P -4a Police Clerk P -3a Police Typing Clerk I Py Cadet 111 A/22 A B C D E 2133 2232 2346 2133 2232 2346 1907 1999 2102 1663 1740 1820 1907 1999 1663 1740 1820 1907 1999 1350 1413 1480 1545 1618 1350 1413 1480 1545 1618 1212 1264 1326 1382 1443 1183 1236 1293 1350 1413 1157 1212 1264 1326 1382 1157 1212 1264 1326 1382 1108 1157 1212 1264 1326 1059 1108 1157 1212 1264 1015 1059 1108 1157 1212 891 933 978 1019 1066 E X H I B I T C (A) Effective January 1, 1983, the following classes of positions and salary ranges are hereby created for Police Department Personnel: Sal ary Range No. Title A B C D E P-17 Police Sergeant 2243 2347 2467 P-17 Police Inspector 2243 2347 2467 P -15a Police Corporal 2006 2102 2211 P -14a Police Officer 1749 1830 1914 2006 2102 P -14a Park Ranger 1749 1830 1914 2006 2102 P-10 Communications Dispatcher 1420 1486 1557 1625 1702 P-10 Property Clerk 1420 1486 1557 1625 1702 P -7a Police Secretary 1275 1329 1395 1453 1518 P-7 Parking Enforcement Officer 1244 1300 1360 1420 1486 P -6a Police Stenographer 1217 1275 1329 1395 1453 P -6a Police Records Clerk 1217 1275 1329 1395 1453 P -5a Police Typing Clerk II 1165 1217 1275 1329 1395 P -4a Police Clerk 1114 1165 1217 1275 1329 P -3a Police Typing Clerk I 1067 1114 1165 1217 1275 Py Police Cadet 937 981 1029 1072 1121 111 A/23 E X H I B I T "D" (A) Effective April 1, 1983, the following classes of positions and salary ranges are hereby created for Police Department Personnel: Sal ary Range No. Title A B C D E P-17 Police Sergeant 2310 2417 2541 P-17 Police Inspector 2310 2417 2541 P -15a Police Corporal 2066 2165 2277 P -14a Police Officer 1801 1885 1971 2066 2165 P -14a Park Ranger 1801 1885 1971 2066 2165 P-10 Communications Dispatcher 1463 1531 1604 1674 1753 P-10 Property Clerk 1463 1531 1604 1674 1753 P -7a Police Secretary 1313 1369 1437 1497 1564 P-7 Parking Enforcement Officer 1281 1339 1401 1463 1531 P -6a Police Stenographer 1254 1313 1369 1437 1497 P -6a Police Records Clerk 1254 1313 1369 1437 1497 P -5a Police Typing Clerk II 1200 1254 1313 1369 1437 P -4a Police Clerk 1147 1200 1254 1313 1369 P -3a Police Typing Clerk I 1099 1147 1200 1254 1313 Py Police Cadet 965 1010 1060 1104 1155 111 A/24