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HomeMy WebLinkAboutCC Resolution 8111 (Police Department Personnel MOU)RESOLUTION NO. Rjjj A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING RESOLUTION NOS. 5929, 6078, 6415, 6689, 7206 AND 7656, PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR POLICE DEPARTMENT PERSONNEL (2 -YEAR AGREEMENT - 7/1/89 - 6/30/91) WHEREAS, the City of San Rafael 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 February 2, 1990 consisting of twelve pages and Exhibits A, B, C, D, and E 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 Association shall utilize the Memorandum of Understanding dated February 2, 1990, as the official document of reference respecting compensation and working conditions for Police Department personnel. Agreement shall be in effect from July 1, 1989 through and including June 30, 1991. Section 2. The schedules describing classes of positions 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 the Stn day of February 1990 by the following vot-e . to w_j t: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE 'E -M.. LEONCINI, City Clerk OMGINn $9/// MEMORANDUM OF UNDERSTANDING (M.O.U.) BETWEEN THE CITY OF SAN RAFAEL AND THE SAN RAFAEL POLICE ASSOCIATION I. TERMS This agreement shall be in effect from July 1, 1989 through and including June 30, 1991. II. SALARY A. Effective July 1, 1989, a four percent (4%) salary increase for all represented classifications. (See Exhibit A.) B. Effective January 1, 1990, a two percent (2%) salary increase for all represented classifications. (See Exhibit B.) C. Effective April 1, 1990, a two percent salary equity increase to all sworn classi.fications. (See Exhibit C.) D. Effective July 1, 1990, a four percent (4%) salary increase to all represented classifications. (See Exhibit D.) III. INSURANCES A. Accident, Health, Life and Long Term Disability 1. A maximum of $255 per month will be contributed by the City toward the cost of each eligible employee's health, accident, life and long term disability (City or P.O.R.A.C. Plan) insurance package. Selection of coverage must include the employee's basic health plan and the $5,000 basic life insurance program offered by the City. Effective July 1, 1989 through January 14, 1990, the City agrees to pay the actual cost of medical insurance premiums only incurred by any member that exceeds $255 per month, subject to a dollar amount equivalent to the average premium increase for the family plan option for the health maintenance organization (H.M.O.) groups, up to a maximum additional dollar contribution by the City of $10.00 per month. (See Exhibit E for examples of how to calculate City contribution.) 2. Effective January 15, 1990, a maximum of $240 per month will be paid by the City toward the cost of each eligible active or retired employee's health insurance premium. Active employees shall have an additional $75 per month flexible benefits spending account which they may apply towards the cost of health accident and life insurance and long-term disability insurance (City or PORAC Plan) or to receive back through the payback program. (See Item C of this section.) It is understood that the flexible benefits spending account does not apply to retired employees. 3. Effective July 15 1990, the flexible benefits spending account (see item two of this section) will be increased by $50 per month to $125 per month. B. PERS HEALTH INSURANCE BENEFITS The City will continue to contract with the Public Employees Retirement System (PERS), Health Benefits Division, in compliance with all applicable PERS rules and regulations during the term of this M.O.U. for the purposes of providing health insurance. C. PAYBACK The difference between the total allotted amount for active employees and the cost of health, accident, life and long- term disability insurances will be paid back to the employee up to a maximum of $100 per month. IV. RETIREMENT CONTRIBUTION A. The City shall pay one half of the employee's contribution or seven percent (7%) of the employee's salary, whichever is less, to the Marin County Retirement System. B. Effective April 1, 1990, the City will pay the full share of the employee's contribution, not to exceed seven percent (7%) of salary, to the Marin County Retirement System. If the full amount of the employee's contribution is less than seven percent ( 7%) of salary, then only the full share shall be paid. C. It is agreed that the San Rafael Police Association will dismiss with prejudice any pending claims or lawsuits it has relating to the employee's retirement contribution paid by the City, (as defined in the grievance of Harold Hutchinson individually and on behalf of all members dated July 28, 1989), and will not file a grievance claim or lawsuit on this specific issue. Both parties recognize that the Police Association has fulfilled its collective and/or individual fair representation obligations to its members on this subject through the individual and Class Grievance filed on July 28, 1989. V. DENTAL INSURANCE A. The City will provide a dental insurance program providing 100% coverage for diagnostic and preventative care, $25 deductible on corrective care (80/20) per patient per calendar year and orthodontic coverage (50/50). The City shall continue the current or comparable program and shall pay any - 2 - increased premium rate increases from the date of the increase for the term of this M.O.U. B. Effective February 15, 1990, the dental plan coverage will be enhanced to provide for an 80/20 cost sharing for casts, crowns and restorations. VI. ADDITIONAL PAY A. Overtime. All represented employees who are required to work in excess of their basic work week during any one week shall accrue compensatory time (C.T.) at the rate of time and one-half. Upon accrual of forty (40) hours of C.T., employees shall be paid at the rate of time and one-half of their regular established hourly rate for all overtime hours worked. Both parties agree that any changes in the overtime provisions of this M.O.U. are subject to the meet and confer process. Compensatory days off are guaranteed when submitted ten (10) days in advance and approved seven (7) days or more in advance at the discretion of the Police Chief or his designee. Requests not submitted ten days in advance may be granted at the discretion of the department. Compensatory time off can be cancelled during the seven day period in the event of an emergency situation. Department minimum staffing levels should be used as one of the guidelines to be considered in determining approval of compensatory time requests. Compensatory time requests shall not be approved if the time off brings the shift below minimum staffing levels as set by the department, unless approved by the Police Chief or his designee. B. Court Pay Police employees 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 three (3) hours pay at overtime rate. If such appearance is required to be made by a member of the Department on a day off, he/she shall receive a minimum of four (4) hours pay at overtime rate. The Police Department will provide appearance information for Police employees. The Department will be responsible for having such information available, when known, by 6:00 PM on the last court day preceding the scheduled appearance date of employee. Police employees will be responsible for calling the Department after 6:00 PM. If the trial is not cancelled by 6:00 PM on the day preceding the appearance date, an employee shall receive a minimum of three ( 3 ) hours pay at the - 3 - C. F91P E. F. overtime rate. If an employee is subpoenaed to make such appearance on a day off, he shall receive a minimum of four (4) hours pay at the overtime rate. Call -Back Pay Call-back pay shall be provided at one and one-half times the regular rate with a two-hour minimum whenever required by the Department and with the expectation that the full two (2) hours will be worked. Stand By The Chief of Police or his/her designee shall have the authority to place members on standby status. Standby shall be used for special events when actual staffing needs cannot be adequately determined beforehand. The order for standby shall be in written form. Any standby order may be cancelled within 24 hours notice. Any order not cancelled within 24 hours of the beginning time will remain in effect as defined below. Employees on standby status shall remain fit for duty and within a maximum forty five (45) minute response time of the San Rafael Police Department during the time they are on standby. Employees shall be compensated at one half (1/2) pay for the hours they are on standby. Police Matron Female employees who are requested to perform the duties of Police Matron shall receive a minimum of one hour of pay, in addition to their regular hourly rate of pay, for actual time served in this capacity during a tour of duty or special duty. Shift Differential 1. A three percent (3%) shift differential shall be paid for all represented employees working the swing shift (3:00 PM to 11:00 PM). 2. A five percent (5%) shift differential shall be paid for all represented employees working the graveyard shift (11:00 PM to 7:00 AM). 3. To receive the shift differential pay, the employee must be regularly scheduled and work fifty percent (50%) or more of their shift between the hours of 5:00 PM and 7:00 AM. 4. Employees assigned to work the swing or graveyard shift time periods on overtime or in accordance with Section - 4 - X, Shift Changes, are excluded from shift differential pay for those time periods. 5. Shift differential shall not be considered an additional percentage on salary for personnel involved, but shall apply only to hours actually worked; e.g., differential does not apply to sick leave, vacation or compensatory time, but does include overtime for employees regularly assigned to the swing or graveyard shifts. The current operational policies and provisions for shift rotation and assignment remain in effect. G. Career Incentive Plan The City agrees to develop a Career Incentive Plan for all members of the bargaining unit and to present it to the Association for meet and confer purposes. The Plan will be developed no later than July 31, 1990, with a target implementation date of January 1, 1991. The plan shall take the form of merit pay cash incentives of five percent (5%) each. Employees will become eligible for the first incentive two (2) years after attaining E Step in their respective pay grade and the following minimum requirements: Incentive Minimum Requirements 1 (5%) Step E for 2 Years 2 (5%) Step E for 5 Years 3 (5%) Step E for 7 Years 4 (5%) Step E for 10 Years In all cases, merit increases will be based on recommendation of supervisor, documented in an evaluation and with the concurrence of the Chief of Police. The incentive(s) will be awarded for a period of one (1) year and will be subject to review at each anniversary date. Incentives will be paid in a separate check quarterly on March 15, June 15, September 15, and December 15. Both parties agree that if such agreement is not attained, neither party will have the right to any claim against the other because of failure to reach agreement. It is further agreed that discussions (meet and confer) will concern criteria only for this program and will not impact the previously agreed dollar value of the incentives. H. Holidays All represented employees in the Police Department shall receive straight time compensation for every holiday worked or which falls on a regularly scheduled day off in each given year which all other employees receive as time off. Said - 5 - compensation shall be paid twice each year on the first pay period of December and the first pay period of June. I. Bilingual Pay 1. Full Fluency Program A five percent (5%) bilingual pay incentive shall be paid to up to ten (10) designated bilingual employees (sworn or non -sworn). 2. Conversational Fluency Program Effective January 1, 1990, a Conversational Fluency Bilingual Program is established which will entitle up to thirty five (35) designated employees (sworn or non - sworn) to a conversational bilingual incentive cf $25 per month. The City will pay, in advance, any authorized training or educational costs as needed to maintain a complement of up to thirty five employees up to amount equal to the cost of the One Twelve USA Program. Employees enrolled in such bilingual training are obligated to reimburse the City through payroll deductions over a period of three (3) years for one half the cost of any such education after the completion of such course. The employee is obligated to reimburse the City for the full amount of such education costs if he/she drops out of education program or does not successfully pass the certification test. In the event an employee must reimburse the full amount, reimbursement shall be through payroll deductions over the course of three (3) years or in full upon separation. 3. Effective July 1, 1990, the pay incentive for the Conversational Program will be increased to $35 per month. All other conditions as outlined in this section remain the same. 4. Within the limits established in items 1 and 2 of this section, to qualify for either the Full or Conversational programs, employees must be certified as proficient in a language deemed to be of work related value to the Police Department as determined by the Police Chief and approved by the City Manager by established standards. It is agreed that full fluency or conversational proficiency certification may be obtained by passing a standardized depart -mental test (to be developed by the department) or fluency certification issued by an agency approved by the Police Chief. Conversational proficiency certification may be obtained by an employee achieving a Certificate of Completion from One Twelve USA, or passing a departmental conversational test, or a - 5 conversational certification issued by an agency approved by the Police Chief. Fluency in more than one foreign language does not entitle an employee to more than the 5% bilingual pay differential. Both parties agree to annual recertification of proficiency to continue eligibility for the bilingual differential. 5. Shift assignments and distribution of bilingual employees shall be at the discretion of the Police Chief. J. Special Response Team Effective July 1, 1989, the City will pay $100 per emergency call -out to S.W.A.T. members of the Special Response Team (S.R.T.). The City will pay for the equipment for S.R.T. members, provided members obtain prior approval of the Police Chief. VII. SICK LEAVE ISSUES A. Upon termination of employment, by resignation, retirement or death, an employee hired prior to June 30, 1979 who leaves the City in good standing shall receive compensation for all accrued, unused sick leave based upon the rate of three percent ( 3%) for each year of service up to a maximum of fifty percent (50%). B. C. Sick Leave Incentive Plan (Post - July 1, 1979 Employees) Effective July 1, 1989, a Sick Leave Incentive Plan for all classifications represented by the Police Association is established. The Incentive Plan applies only to employees who have successfully completed their initial probationary period and were hired after July 1, 1979. Incentive pay will be based upon annual sick leave usage with the employee's anniversary date as the beginning point of any given year. Incentive pay is as follows: Yearlv Sick Leave Usaae None 1-16 hours 17-24 hours Sick Leave Accrual Incentive Pav (Straight Time) 8 hours of pay 6 hours of pay 4 hours of pay Effective July 1, 1989, accrual of Sick Leave will be unlimited for usage purposes. A maximum of 1200 hours of Sick Leave will continue to apply for cash -out purposes at time of separation for those hired before July 1, 1979. (See Item A of this section.) MM VIII.VACATION SIGN-UP Vacation sign-up procedure, established in General Order 80-55, 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 A. The Educational Incentive Program for sworn employees of the Police Department offers monthly payment for POST Intermediate and Advanced Certificates as follows: Intermediate Advanced Classification Certificate Certificate Police Sergeant $130.00 $180.00 Police Officer and $110.00 $155.00 Police Corporal B. Effective January 1, 1990, the Educational Incentive Program for sworn employees of the Police Department offers monthly payment for POST Intermediate and Advanced Certificates as follows: A. 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 schedule unless the City has given the employee a minimum of seven (7) days advance notice of such a change. No advance notice to employees by the City of shift change shall be required and no overtime shall be paid when shift changes occur as a result of work related emergencies; multiple sicknesses, disabilities or injuries; 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 will be paid. If an employee is called in early to cover shortages due to non -work related sicknesses or injury, then time and one-half shall be paid for hours spent outside the regularly assigned shift. =:= Intermediate Advanced Classification Certificate Certificate Police Sergeant $140.00 $190.00 Police Corporal $130.00 $177.50 Police Officer $120.00 $165.00 X. SHIFT CHANGES A. 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 schedule unless the City has given the employee a minimum of seven (7) days advance notice of such a change. No advance notice to employees by the City of shift change shall be required and no overtime shall be paid when shift changes occur as a result of work related emergencies; multiple sicknesses, disabilities or injuries; 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 will be paid. If an employee is called in early to cover shortages due to non -work related sicknesses or injury, then time and one-half shall be paid for hours spent outside the regularly assigned shift. =:= XI. ALTERNATIVE WORK SCHEDULES Both parties agree that at the discretion of the Police Chief, alternative work schedules which include a total of 2080 annual working hours if mutually agreed to may be implemented for designated periods of time for all represented employees for the lifetime of this M.O.U. XII. UNIFORM ALLOWANCE Each of the following represented classifications will receive a uniform allowance for each six ( 6 ) months of service ending June 30 and December 31 as follows: A. Uniformed, sworn employees, Police Service Aide II's and Parking Enforcement Officers: 1. July 1, 1989 through December 31, 1989: $225 ($450/year) 2. January 1, 1990 through June 30, 1990: $250 ($500/year) 3. July 1, 1990 through June 30, 1991: $275 ($550/year) B. Administrative/Service and Investigation employees: 1. July 1, 1989 through December 31, 1989: $150 ($300/year) 2. January 1, 1990 through June 30, 1990: $175 ($350/year) 3. July 1, 1990 through June 30, 1991: $200 ($400/year) C. All other represented employees: 1. July 1, 1989 through December 31, 1989: $200 ($400/year) 2. January 1, 1990 through June 30, 1990: $225 ($450/year) 3. July 1, 1990 through June 30, 1991: $250 ($500/year) D. A pro -rated portion of the allowance may be given for the first and last six (6) months of service upon recommendation of the Police Chief and approval of the City Manager or their designees. XIII. PATROL BRIEFING PERIODS A. Effective within thirty (30) days of ratification of this M.O.U. or sooner, if mutually agreed, Patrol briefing periods will be conducted within Patrol employees designated eight (8) hour shifts. B. It is agreed that the San Rafael Police Association will dismiss with prejudice any pending claims or lawsuits it has relating to the Patrol briefing periods (as outlined in the grievance of Richard Knuth and President Hutchinson on behalf of all members dated July 31, 1989), nor will the Association file a grievance, claim or lawsuit on this specific issue. Both parties recognize that the Police Association has fulfilled its collective and/or individual fair representation obligations to its members on this subject through the individual and Class Grievance filed on July 31, 1989. Mos XIV. EMPLOYEE BREAK AND MEAL PERIODS Police Employee break and meal periods are as follows: A. Patrol employees: One 15 minute break in first half of shift and one 45 minute meal period as scheduled and approved by the designated supervisor. B. All other employees: One 15 minute break to be taken in the first half of the shift, one fifteen minute break to be taken in the second half of the shift, and one 30 minute meal period as scheduled and approved by the designated supervisor. Combination of meal and break periods must have prior supervisory approval. C. No changes will be made in break and meal periods that would alter an employee's regularly scheduled working time without the advance approval from the employee's supervisor. D. Break and meal periods are paid time and, as such, departmental needs will take priority. In the event that work demands preclude an employee from taking his or her break and/or meal period, the employee will not be eligible for overtime compensation. XV. PERSONNEL RULES Both parties agree to meet and confer over the Personnel Rules and Regulations revision project currently underway. XVI. DRUG AND ALCOHOL POLICY The City and the Association both support a drug and alcohol free work place and agree to continue to meet and confer over a comprehensive Drug Policy. XVII.MEDICAL STANDARDS Both parties agree to meet and confer over Medical Standards as they may relate to non -placement issues. XVIIILIGHT DUTY POLICY STATEMENT Both parties agree to meet and confer over a departmental Light Duty Policy. XIX. UNION RELEASE TIME One hundred (100) 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. Any additional hours shall be granted only with 10 days advance notice and approval of the Department Head. - 10 - XX. EXISTING LAWS, REGULATIONS AND POLICIES This M.O.U. is subject to all applicable laws. XXI. STRIKES AND LOCKOUTS During the term of this M.O.U., 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 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 procedu-'es set forth in the City's charter, ordinances, and regulations, as may be amended from time to time. XXII.FULL UNDERSTANDING, MODIFICATION, WAIVER A. The parties jointly represent to the City Council that this M.O.U. 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 M.O.U. 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 M.O.U. between the parties to be effective on or after July 1, 1989. XXIIIPREVAILING 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 M.O.U., shall remain in full force and effect throughout the term of this Agreement. XXIV.SEVERABILITY If any article, paragraph or section of this M.O.U. 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 M.O.U. shall not be affected thereby, and the parties shall enter into meet and confer 11 - sessions for the sole purpose of arriving at a mutually satisfactory replacement for such article, paragraph or section. XXV. July 1, 1991 M.O.U. NEGOTIATIONS Both parties agree to begin the meet and confer process no later than April 1, 1991, regarding the terms and conditions applicable to a M.O.U. effective July 1, 1991. The process will be initiated by the San Rafael Police Association through the submittal of upcoming contract requests it wishes to be considered. 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"S ChOlO1 'Ch W W 01--'OOUl0000001-'1 ' rD NNN V C) 4:�- Lr, •P4�%ID?-PNrl-3M `1-' Q' Ch Ch1 -'CT W 002,1 D 1-CnlD��N W W l< 1-'--mWOCnCnCn VNNChCnwNNW V �! 0001--4.'b4�:-4AN Ow W ON V Ln Ln V4: --P I n Z W W�-'I--NNNNNNNI-'NNW W W W W CD OOOt0O1-'h-N 1--�-C-%IDNOF''►- N3MM w Ch Ch LnNNNI- Ch 0000h -'1-+W O00 V CnCn c++ OOI.D_p• V 101DO V OOM000) I -' O CD . . . . . . . . . . . . . . . . . . Q_ Ch Ch1 -'CT W 002,1 D 1-CnlD��N W W Ln Ln V 01-+4:-- 4::--}:•P-P3k-Ph -AI--'NNCnIOIO O "D O W W 1-•+NNNNN NNNI--NNw W W W W -' N N l0 O 1- N N W N Cn CTI lO W l0 N N .? O O �• O O -P N N 1.- h -A I-- 0) ko k0 l0 1-' Ch V V F W W n V V .P V Lo O 00 V O 00 Co M V .Ca I --A I--' I--+ lD \0 m rD 1-'--mWOCnCnCn VNNChCnwNNW V �! 0001--4.'b4�:-4AN Ow W ON V Ln Ln V4: --P I EXHIBIT "E" '.Example of Calculating Average H.M.O. Increase (Example uses a sample increase of 10%. These plans and rates may or may not be applicable when actual average is calculated.) Impact for Plan/Rates 10% Increase 1. Kaiser (w/prescription) Single $ 75.20 $ 7.52 2 -Party 150.40 15.04 Family 207.63 20.76 $43.32 divided by 3= $14.44 average increase 2. Take Care , Single $ 88.95 $ 8.90 2 -Party 176.60 17.66 Family 235.40 23.54 $50.10 divided by 3= $16.70 average increase 3. Health Plan of the Redwoods Single $ 89.00 $ 8.90 2 -Party 185.00 18.50 Family 245.00 24.50_ $51.90 divided by 3= $17.30 average increase 4. Overall Average of Individual Plan Averages: Kaiser $14.44 Take Care 16.70 Health Plan of the Redwoods 17.30 $48.44 divided by 3= $16.15 overall average