CC 2014-09-23_08.j. Resolution Approving MOU with AGPOATO:
FROM:
MEMORANDUM
CITY COUNCIL
DEBBIE MALICOAT, DIRECTOR OF ADMINISTRATIVE SERVICES ~
KAREN SISKO, HUMAN RESOURCES MANAGER
SUBJECT: CONSIDERATION OF A RESOLUTION APPROVING A
DATE:
MEMORANDUM OF UNDERSTANDING WITH THE ARROYO GRANDE
POLICE OFFICERS' ASSOCIATION
SEPTEMBER 23, 2014
RECOMMENDATION:
It is recommended the City Council adopt a Resolution approving a Memorandum of
Understanding (MOU) with the Arroyo Grande Police Officers' Association (POA) for FY
2014-15 and FY 2015-16.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
Total costs in FY 2014-15 are projected to be approximately $68,900. The budget will
be amended to reflect the change during the mid-year budget review. A sufficient
amount of revenue over expenditures was included in the approved budget to cover this
additional cost and maintain a balanced budget. Approval of the two-year agreement
will result in savings in staff time and contract labor negotiations.
BACKGROUND:
The Arroyo Grande Police Officers' Association (POA) Memorandum of Understanding
(MOU) expired on June 30, 2014. Negotiations have been under way for the past several
months for a successor MOU. The terms of the proposed MOU were voted on and
approved by the POA's membership on September 15, 2014. Salary adjustments will
become effective on September 26, 2014, the first day of the first full pay period following
POA ratification and Council approval of the MOU.
ANALYSIS OF ISSUES:
Changes to the POA salary and benefits recommended in the successor MOU include
the following:
• Employees will receive salary increases of 2.5% in FY 2014-15 (not retroactive)
and 2% in 2015-16.
• The City will adjust the cafeteria plan amount to pay 50% of the increase in the
cost of the lowest cost HMO medical plan available to the City for 2015 and 50%
of the increase up to a maximum of 5% in 2016.
Item 8.j. - Page 1
CITY COUNCIL
CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE ARROYO
GRANDE POLICE OFFICERS' ASSOCIATION
SEPTEMBER 23, 2014
PAGE2
In order to help accomplish the goal of ensuring salaries remain competitive, the MOU
also includes a provision to reopen negotiations regarding consideration of equity
adjustments for positions which are identified as 5% below the median of the City's
salary survey of comparable cities within San Luis Obispo County.
ALTERNATIVES:
The following alternatives are provided for City Council consideration:
-Adopt the Resolution approving the proposed MOU;
-Modify as appropriate and adopt the Resolution;
-Do not adopt the Resolution;
-Provide direction to staff.
ADVANTAGES:
Approval of the proposed MOU will help address POA compensation needs and
inequities to maintain competitive compensation amounts, maintain compensation costs
within levels that can be funded in a responsible manner on both a short-term and long-
term basis, and will establish a two-year agreement to help create stable labor relations.
DISADVANTAGES:
The recommendations will increase costs to current and future budgets.
ENVIRONMENTAL REVIEW:
No environmental review is required for this item.
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted in front of City Hall on Thursday, September 18, 2014. The
agenda and report were posted on the City's website on Friday, September 19, 2014.
No public comments were received.
Item 8.j. - Page 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING A MEMORANDUM OF
UNDERSTANDING FOR EMPLOYEES REPRESENTED
BY THE ARROYO GRANDE POLICE OFFICERS'
ASSOCIATION AND REPEALING RESOLUTION NO. 4541
WHEREAS, the City Council deems it to be in the best interest of the City of
Arroyo Grande and its employees represented by the Arroyo Grande Police
Officers' Association that compensation be fixed for all full-time non-management
employees as herein provided; and
WHEREAS, the City has established compensation and working conditions
through the meet and confer process with the designated employee
representatives as set forth in Exhibit "A"; entitled Memorandum of
Understanding between the City of Arroyo Grande and the Arroyo Grande Police
Officers' Association ("POA MOU"), a copy of which is attached hereto and
incorporated herein by this reference.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the POA MOU is hereby approved. This Resolution shall be
effective as of July 1, 2014.
BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of
Resolution No. 4541, which established salary and benefits for full-time
employees represented by the Arroyo Grande Police Officers' Association.
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this
2014.
day of
Item 8.j. - Page 3
RESOLUTION NO.
PAGE2
TONY FERRARA, MAYOR
ATTEST:
KELLY WETMORE, CITY CLERK
APPROVED AS TO CONTENT:
STEVEN ADAMS, CITY MANAGER
APPROVED TO AS FORM:
TIMOTHY J. CARMEL, CITY ATTORNEY
Item 8.j. - Page 4
2014/2016
(Two Year)
MEMORANDUM OF UNDERSTANDING
BETWEEN
Exhibit "A"
ARROYO GRANDE POLICE OFFICERS' ASSOCIATION
AND
CITY OF ARROYO GRANDE
Item 8.j. - Page 5
ARTICLE 1:
ARTICLE 2:
ARTICLE 3:
ARTICLE 4:
ARTICLE 5:
ARTICLE 6:
ARTICLE 7:
ARTICLE 8:
ARTICLE 9:
ARTICLE 10:
ARTICLE 11:
ARTICLE 12:
ARTICLE 13:
ARTICLE 14:
ARTICLE 15:
ARTICLE 16:
ARTICLE 17:
ARTICLE 18:
2014/2016
AGPOA I CITY OF ARROYO GRANDE
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
TERM OF MEMORANDUM ............................................................. 1
SALARY SCHEDULES ................................................................... 1
APPLICATION OF SALARY STEPS .............................................. 2
ADVANCEMENT IN PAY ................................................................ 2
SPECIALTY PAY ............................................................................ 3
VACATION LEAVE ......................................................................... 4
HOLIDAY LEAVE ............................................................................ 5
SICK LEAVE ................................................................................... 7
BEREAVEMENT LEAVE ................................................................ 7
FAMILY LEAVE ............................................................................... 8
MILITARY LEAVE ........................................................................... 8
EDUCATIONAL PAY ....................................................................... 9
MEDICAL LEAVE ............................................................................ 9
EMERGENCY LEAVE ..................................................................... 9
JURY DUTY .................................................................................. 10
HOURS OF WORK AND OVERTIME ........................................... 10
CALLBACK PAY ........................................................................... 11
UNIFORMS AND EQUIPMENT ..................................................... 11
Item 8.j. - Page 6
ARTICLE 19:
ARTICLE 20:
ARTICLE 21:
ARTICLE 22:
ARTICLE 23:
ARTICLE 24:
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ARTICLE 35:
ARTICLE 36:
2014/2016
AGPOA I CITY OF ARROYO GRANDE
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
{continued)
MEDICAL INSURANCE ...............•............•................................... 11
CAFETERIA PLAN .......................................................•................ 12
DENTAL PLAN .........•................................................................••.. 13
LIFE INSURANCE .....•••................................................................. 13
VISION INSURANCE .................................................................... 13
DISABILITY INSURANCE ............................................................. 13
RETIREMENT ............................................................................... 13
RETIREMENT BENEFITS ............................................................. 14
EDUCATION ................................................................................. 16
NIGHT DIFFERENTIAL PAY ..........................•.••........................... 16
STANDBY STATUS .........................................•............................ 17
PAYCHECKS ................................................................................ 17
PAYROLL DEDUCTIONS ............................................................. 17
ANNIVERSARY DATES ................................................................ 17
USE OF PRIVATE VEHICLE/ MILEAGE RATE ............................ 18
PERSONNEL FILES ..................................................................... 18
PROBATIONARY PERIOD ..........................................................• 18
RESIGNATION ........•..........•.......................................................... 18
Item 8.j. - Page 7
ARTICLE 37:
ARTICLE 38:
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2014/2016
AGPOA I CITY OF ARROYO GRANDE
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
(continued)
TRANSFERS ................................................................................. 18
PROMOTION ................................................................................ 19
TEMPORARY POSITIONS ........................................................... 19
DEMOTION ................................................................................... 19
LAYOFF ........................................................................................ 19
GRIEVANCE PROCEDURE .......................................................... 20
MANAGEMENT RIGHTS .............................................................. 23
ASSOCIATION ACTIVITIES ......................................................... 24
ASSOCIATION ACCESS TO WORK LOCATIONS ...................... 25
ASSOCIATION USE OF CITY VEHICLES .................................... 25
ASSOCIATION MEET AND CONFER REPRESENTATION ........ 25
NO STRIKE/ LOCKOUT ............................................................... 25
NONDISCRIMINATION ................................................................. 26
MOU IMPLEMENTATION ............................................................. 26
MAINTENANCE OF BENEFITS .................................................... 26
POLICY CONFLICTS .................................................................... 26
Item 8.j. - Page 8
2014/2016
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF THE
CITY OF ARROYO GRANDE AND THE
ARROYO GRANDE POLICE OFFICERS' ASSOCIATION
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of the Memorandum of Understanding shall be from July 1, 2014, through June 30,
2016 (two year). Meet and confer sessions for Fiscal Year 2016-2017 shall commence no
later than March 15, 2016.
ARTICLE 2. SALARY SCHEDULES
CLASSIFICATION
Police Sergeant
Senior Police Officer
Police Officer
Support Services Supervisor
Support Services Technician
SALARY RANGE
41
35
31
29
21
The City and the Police Officers' Association agree that all position classifications represented
by the Association shall receive salaries as represented in Exhibit "A" for sworn employees
and Exhibit "B" for non-sworn employees as of July 1, 2014.
A. FISCAL YEAR 2014/2015
The salaries contained in Exhibit "C" and "D" shall reflect a 2.5% COLA effective on a go
forward basis (no retroactivity) the first pay period following ratification by AGPOA
membership and approval by the City Council of a successor MOU.
B. FISCAL YEAR 2015/2016
The salaries contained in Exhibit "E" and "F" shall reflect a 2% COLA effective the first
full pay period after July 1, 2015.
C. EQUITY ADJUSTMENTS
During the second year of this agreement, the City agrees to reopen negotiations regarding
consideration of equity adjustments for positions which are identified as 5% below the
median of the City's salary survey of comparable cities within San Luis Obispo County.
Item 8.j. - Page 9
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE2
ARTICLE 3. APPLICATION OF SALARY STEPS
All employees entering the permanent, full-time employ of the City shall be paid at the first
step of the salary range, unless otherwise determined by the Police Chief and City Manager,
established for his/her position classification. Salary step increases, as provided herein, are
not automatic but are based on performance and merit. Employees shall be placed on the
step designated by the City Manager for initial full-time permanent employment and qualify for
increase in compensation or advancement to the next higher step of his/her salary range in
the following manner:
Police employees may qualify for advancement to the second or next step, after completion of
12 months service, upon the recommendation of the Police Chief and approval of the City
Manager.
Employees may qualify for advancement to the third or next step, after the completion of one
year of service at his/her third step, upon recommendation of the Police Chief and approval
by the City Manager.
Employees may qualify for adyancement to the fourth or next step, after the completion of
one year of service at his/her third step, upon recommendation of the Police Chief and
approval by the City Manager.
Employees may qualify for advancement to the fifth or next step, after completion of one
year of service in his/her fourth step, upon recommendation of the Police Chief and
approval by the City Manager.
A performance report on each employee recommended for advancement shall be
submitted to the City Manager by the Police Chief prior to final action on such
recommendation.
Merit increases will go effective the first day of the next full pay period following the
evaluation date.
ARTICLE 4. ADVANCEMENT IN PAY
The salary range as set forth for each classification is divided into five (5) steps, which shall
be interpreted and applied as follows:
A. The first step is the minimum rate and normally shall be the hiring rate.
8. The second step is granted to employees who are eligible for this adjustment
after completion of twelve (12) full calendar months of satisfactory service in
a classification and not prior to the completion of a probationary period. The
adjustment shall be made only if granted by the Police Chief and subject to
the approval of the City Manager.
Item 8.j. - Page 10
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE3
ARTICLE4. ADVANCEMENT IN PAY (continued)
C. The third step shall be granted to an employee who has given satisfactory
service in a given classification for one (1) full additional year from granting
, of previous step increase only if granted by the Police Chief and subject to
the approval of the City Manager.
D. The fourth step shall be granted to an employee who has given satisfactory
service for one (1) full additional year by the Police Chief and subject to the
approval of the City Manager.
E. The fifth step shall be granted to an employee who has given satisfactory
service for one (1) full additional year by the Police Chief and subject to the
approval of the City Manager.
An employee must always continue to maintain an acceptable level of performance and
shall be evaluated by the Police Chief annually.
ARTICLE 5. SPECIAL TY PAY
A. In addition to the base rate of pay, determined under this MOU, employees
engaged in specialty assignments shall receive Specialty Pay as herein
defined. The Specialty Pay is to be included in all computation of overtime or
other benefits.
B. FTO Pay shall be defined as "an employee who is designated to train
another employee pursuant to a P.O.S.T. -approved entry/promotional on-
site training program (commonly referred to as a Field Training Program)."
The designated trainer shall be paid a Specialty Pay of an additional five per
cent (5%) of base salary when assigned to and working with a trainee.
C. Emergency Medical Dispatch (EMO) Pay. In addition to the base rate of pay
determined under this MOU, employees in the classifications of full-time
Support Services Supervisor and full-time Support Services Technician shall
receive an additional 2.5% of base salary as Emergency Medical
Dispatchers, provided those employees possess current EMD certification.
Specialty pay on this status is to be included in all computation of overtime or
other benefits.
D. Motor Officer Pay: Officers assigned to motor service on a full-time basis
shall receive an' additional 2.5% of base salary. Officers assigned to motor
service on a part-time basis shall receive an additional 2.5% of base salary
while assigned to, and working in, the Traffic Enforcement Motorcycle
Program.
Item 8.j. - Page 11
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE4
ARTICLE 5. SPECIAL TY PAY (continued)
E. Bilingual Pay. An employee who is functional in Spanish, other language, or
American Sign Language (ASL), the use of which has been determined by
the Police Chief, with the concurrence of the City Manager, to be of benefit to
the City shall be paid $50.00 per month. The employee must be able to
verbally communicate basic information relevant to the routine tasks fortheir
classification. An employee who is fluent and can conduct detailed interviews
and interrogation, effectively and accurately record statements, and translate
spoken and written communications effectively shall be paid $100.00 per
month. Fluency shall be certified by a test administered through the City
Manager's Office. An employee shall request bilingual pay on a form
approved by the City Manager.
The Police Chief, with the approval of the City Manager, shall determine
which employees, what mix of languages, and which job functions may be
eligible for bilingual pay based upon accessibility of the employee to the
public, or other factors that could affect the use of these skills for public
benefit. Nothing in this section shall preclude the use by an employee of
foreign language skills in the work place for the public benefit even if the
employee is not receiving bilingual pay.
F. Officers assigned to the canine assignment shall be scheduled seventy-two
(72) regular hours of their eighty (80) hour bi-weekly schedule. The
remaining eight (8) hours of their schedule shall be compensated at straight
time in exchange for the proper care and maintenance of the animal.
ARTICLE 6. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible employee to
annually return to his/her work mentally and physically refreshed.
Employees shall take a minimum of eighty (80) vacation hours' leave per
year after the first year of service.
B. Each eligible employee shall be required to have served the equivalent of
one (1) year of continuous service with the City in order to be eligible for
his/her full annual vacation leave. However, in the event an employee so
chooses, he/she may, after six (6) continuous months of service, take
vacation leave not to exceed forty (40) working hours with his/her
supervisor's approval.
C. Employees who terminate employment shall be paid at termination; and
upon return of all City-owned property, if any, a lump sum for all accrued
vacation leave earned prior to the date of termination.
D. Vacation leave with pay shall be earned in accordance with the following
schedule:
Item 8.j. - Page 12
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGES
ARTICLE 6. VACATION LEAVE (continued)
1 year 80 hours
2 years 96 II
3 years 104 II
4 years 112 II
5 years 120 II
6 years 120 II
7 years 128 II
8 years 128 II
9 years 136 II
10 years 136 II
11 years 144 II
12 years 144 II
13 years 152 II
14 years 152 II
15 years 160 II
6.67 hours per month
8.00 II II II
8.67 II II II
9.34 II II II
10.00 II II II
10.00 II II II
10.67 II II II
10.67 II II II
11.34 II II II
11.34 II II II
12.00 II II II
12.00 II II II
12.67 II II II
12.67 II II II
13.34 II II II
E. Employees may accrue vacation leave up to the maximum hours listed
below, dependent upon years of service as a regular full-time employee:
Years of Service
On January 1
1 -5
5+ -10
10+ -15
15+
Maximum Vacation Hours That
Can Be Accrued on January 1
80
120
160
200
F. In the event an employee's accrued vacation leave exceeds the maximum
allowed, the employee shall be paid at his/her January 1st hourly wage rate
for those hours accrued in excess of the maximum allowable. Exception to
this paragraph may be approved by the Police Chief upon employee request.
ARTICLE 7. HOLIDAY LEAVE
A. Shift/Operations Employees:
1. Employees will be provided eight (8) hours of pay per month in lieu of
holiday leave or shall be granted one (1) eight (8) hour work day per
calendar month for a holiday. Such monthly holiday shall be
designated on the employee's work schedule.
Item 8.j. - Page 13
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGES
ARTICLE 7.
2.
HOLIDAY LEAVE (continued)
Employees shall also receive an additional twelve (12) hours of leave
per year, which may be granted as time off or as straight-time pay
during December. Such pay shall be paid on the first payday in
December.
B. Administrative Employees:
The following days shall be paid holidays for Police Department employees
assigned to non-shift administrative support duties:
1. Independence Day
2. Labor Day
3. Veterans' Day
4. Thanksgiving
5. Day following Thanksgiving
6. Christmas Eve, half day
7. Christmas
8. New Year's Eve, half day
9. New Year's Day
10. Martin Luther King Day
11. Lincoln's Birthday
12. President's Day
13. Memorial Day
14. One and one-half days per Fiscal Year of the employee's
choice with Supervisor approval (Floating Holiday)
When any of the above-listed holidays fall on Saturday, it will be recognized
on Friday. If it falls on Sunday, it will be recognized on Monday. For all
employees who regularly worked on Saturday and/or Sunday, the holiday will
be specified by the above-listed dates. In case a holiday falls on an
employee's regularly scheduled day off, he/she shall have the option to take
such a holiday on an alternate day, as selected by the employee and
approved by the Police Chief.
C. Special Holidays:
Every day designated by the President, Governor, or Mayor for public
observance as a special, nonrecurring single event, such as the death of a
national leader or end of a war shall be a City-paid holiday.
Item 8.j. - Page 14
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE7
ARTICLE 8. SICK LEAVE
All full-time, permanent employees shall accrue eight (8) hours of sick leave, with pay, for
each month of service, with unlimited accumulation. Effective September 1, 2013, the
maximum accumulation of earned sick leave shall be 1,000 hours. An employee will not
accumulate any additional sick leave until such time that his/her accumulated balance falls
below 1,000 hours. Upon retirement an employee may choose to be paid for 50% of
unused sick leave, to a maximum of 450 hours at his/her current rate of pay. The
remainder of unused accumulated sick leave will be forwarded to CalPERS to be used
towards retirement credit per the City's contract with Cal PERS. On December 1st of each
year, an employee has the option of being paid straight time for 25% of his/her unused sick
leave for the preceding twelve (12) months, transferring the 25% credit to vacation or
leaving the 25% credit in sick leave.
Employees may transfer sick leave on a voluntary basis to a fellow employee who has
exhausted all his/her sick leave and vacation leave due to an extended illness or injury.
The transfer shall be based on each employee's hourly rate of pay and shall not exceed
twenty-four (24) hours of sick leave based on the hourly rate of pay of the receiving
employee. The transfer shall be requested on a form provided by the City, be completed
by both employees who mutually request such transfer, and submitted for approval to their
Department Directors and the City Manager for final approval. The requesting employee
must indicate how many hours they will need for their leave. The receiving employee shall
not be obligated to repay any transferred leave to the contributing employee, and
contributing employee understands that such transfer shall be deemed as if used and will
be subject to all other provisions applicable. Under no circumstances may the requesting
employee receive more donated hours in their sick bank than actually used for their leave.
ARTICLE 9. BEREAVEMENT LEAVE
A five (5) day leave to a maximum of forty (40) working hours with pay shall be available to
employees who suffer the death of a relative (defined as: spouse, parent, child, sister,
brother, grandparent or grandchild, aunt, uncle, the corresponding relative by marriage, or
any other person residing in the same household) for the purpose of attending the funeral
and making other arrangements at the time the loss occurs. This leave is not chargeable
against accrued sick or vacation leave.
In order to receive this benefit, domestic partners must be registered with the Secretary of
State.
Item 8.j. - Page 15
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGES
ARTICLE 10. FAMILY LEAVE
Pursuant to the State and Federal Leave Acts, the following is provided for all employees
who have been employed a minimum of twelve (12) months and have worked at least
1,250 hours during the 12-month period preceding leave:
1. Up to twelve (12) weeks (60 workdays) unpaid leave in a twelve (12) month
period. Intermittent leave is allowed.
2. Leave may be taken for: 1) birth of and care of newborn child; 2) placement
of child with employee for adoption or foster care; 3) to care for spouse,
child, or parent having serious health condition; 4) employee's own serious
health condition.
3. The employee's insurance including medical, dental, vision, and life insurance
will be maintained under the same conditions as if the employee were still
working.
4. Request for leave must be made 30 days prior to leave, if foreseeable.
5. Employee may use accrued vacation, holiday, or personal leave during family
leave. Sick leave may be used for employee and/or immediate family illness
or disability.
6. Upon return to work, employee will be restored to same or equivalent position
with equivalent benefits.
All other provisions of the State CFRA and Federal FMLA apply.
ARTICLE 11. MILITARY LEAVE
Employees taking military leave with the National Guard or Reserves shall be entitled to full
City pay and benefits as required by State statute.
All military leave in excess of thirty (30) calendar days per year, if granted by the City, shall
be without City pay or City-paid benefits and shall be for a period not to exceed forty-eight
(48) working days per calendar year. The employer may retain his/her City benefits, such as
medical insurance, by paying all premiums. The City may elect to replace the employee in
his/her position in the event employee takes more than forty-eight (48) working days per
calendar year.
Item 8.j. - Page 16
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE9
ARTICLE 12. EDUCATIONAL PAY
A. All unit employees may qualify for a two and one-half percent (2%%) salary
increase above their position classified range upon receipt of a two-year
degree, in a field relative to their police job classification, from an accredited
junior college or college or Intermediate P.O.S.T. Certificate, upon approval of
the Police Chief and City Manager.
B. All unit employees may qualify for a five percent (5%) salary increase above
their position classified range upon receipt of a four-year degree, in a field
relative to their police job classification, from an accredited college or
Advanced P.O.S.T. Certificate, upon approval of the Police Chief and City
Manager.
C. Exceptions: When position classifications require an Associated Arts or
Bachelor of Science/Bachelor of Arts Degree, no educational pay shall be paid
to an employee holding such a position. No A.A. or B.A./B.S. degrees will be
requested by the City for current positions represented by AGPOA unless
otherwise agreed through the meet and confer process.
D. A five percent (5%) increase in salary is the maximum increase permitted
under Educational Pay.
ARTICLE 13. MEDICAL LEAVE
Medical Leave without pay may be granted for the purpose of recovery from prolonged
illness or injury, to restore health, or for pregnancy, upon employee's written request to the
Police Chief and City Manager, subject to submission of medical evidence satisfactory to
establishing the employee's medical need.
ARTICLE 14. EMERGENCY LEAVE
Emergency leave without pay may be granted to any permanent employee who, upon
written request to the Police Chief and City Manager, demonstrates that the leave is
necessary for personal reasons or will serve to improve his/her abilities. Emergency leaves
may be granted up to a maximum of one (1) year. Upon expiration of an approved
emergency leave, the employee shall be reinstated in the position held at the time leave was
granted. Failure on the part of the employee on leave to report promptly upon leave
expiration shall be cause for discharge. In the event that a disagreement arises as to
whether or not such emergency leave will be granted, the matter will be moved to expedited
hearings under the grievance procedure. During the period that an employee is on
emergency leave, he/she shall be entitled to continue his/her insurance coverage with the
City, as if pursuant to the provisions of COBRA, at his/her own expense.
Item 8.j. - Page 17
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE10
ARTICLE 15. JURY DUTY
Employees shall be granted leave with full pay and no loss in benefits, when called for jury
duty, if the employee remits to the City any and all jury fees for such jury duty. It is
understood that the employee may retain any travel pay granted by the court. The
employee shall be responsible for notifying his/her supervisor as soon as possible upon
receiving notice to appear for jury duty, make every reasonable effort to keep his/her
supervisor advised as to the anticipated length of service, and return to work immediately
following the end of jury duty service.
ARTICLE 16. HOURS OF WORK AND OVERTIME
A. The normal work schedule for full-time employees shall be eight (8) hours
per day or forty (40) hours per week. However, upon written agreement
between the City and the Association, an alternative work schedule may be
implemented to meet the work requirements of the Police Department. Any
such alternative work schedule must include eighty (80) scheduled work
hours per two (2) week period (biweekly). The City reserves the right to
revert to the normal work schedule described herein should working
conditions, staffing, and/or workload so require (as determined by the Police
Chief).
B. Overtime shall be paid at the rate of one and one-half (1 and%) times the
employee's regular base hourly rate of pay for: 1) authorized time worked on
the day of an assigned shift that is in excess of the designated number of
hours for that workshift, or 2) authorized time worked beyond forty (40) hours
per week or, in the event of an alternative work schedule, eighty (80) hours
biweekly. Time worked for purposes of computing the standard work period
for purposes of this paragraph shall include holidays, sick leave, paid
vacation, bereavement leave, and compensatory time-off, and shall be
calculated at a maximum of eight (8) hours per day or, in the event of an
alternative work schedule, the maximum time designated for a workday for
that work schedule. Unpaid time-off shall not be used for computing time
worked. Overtime shall be computed at the nearest quarter (%) hour.
Unless otherwise stated in this Memorandum of Understanding, overtime
shall be paid only for actual time worked.
C. At the request of any employee eligible for overtime pay, his/her supervisor
will provide that, in lieu of cash payment for any overtime, he/she may have
the choice of time off with pay at the rate of one and one-half (1 and %)
hours for each hour of overtime worked. Compensatory time off shall be
taken at the option of the employee with the consent of the immediate
supervisor and Police Chief. The limit for accrued compensatory time off is
160 hours. Effective September 1, 2013, the limit for accrued compensatory
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ARTICLE 16.
ARTICLE 17.
HOURS OF WORK AND OVERTIME (continued)
time off shall be reduced to 150 hours. Employees with current accruals
above 150 hours will not lose those hours, but they shall not accrue any
additional compensatory time off until their balance falls below 150 hours.
Upon separation from employment, an employee is entitled to receive cash
compensation for any unused compensatory time.
CALLBACK PAY
Callback is defined as that circumstance requiring an employee to unexpectedly return to
work after the employee has left work at the end of the employee's work day or work week.
An employee called in early to start his/her work shift, without prior reasonable notice, will
also receive time and one-half (1 %) overtime pay for all extra hours worked, with a
minimum call-out of two (2) hours. If an employee receives a second callback within the
two hour window of their first call, then the employee shall only receive additional pay for
the time worked beyond the two hours.
ARTICLE 18. UNIFORMS AND EQUIPMENT
A. The City shall provide appropriate uniforms, safety equipment and
maintenance of said items for employees required to wear a uniform as part
of their duties. The type and style of the uniforms and equipment, along with
the frequency of the maintenance, shall be determined by the Police Chief.
B. The City shall provide annual cash allowances of $150 for ancillary uniforms
and equipment items to the employees required by the Police Chief to wear a
uniform in the course of their duties. The allowance shall be paid in July of
each year. The uniform allowance will be paid on the first Friday afterthe first
regular pay date in July.
ARTICLE 19. MEDICAL INSURANCE
A. The base medical plan shall be defined as the Health Maintenance
Organization (HMO) program available to the City. If availability of an HMO
to the City is discontinued by the medical plan provider, the base plan will
become the basic PPO plan available to the City by the existing medical plan
provider.
B. The City will maintain health benefits through CalPERS for calendar year
2014 and 2015.
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ARTICLE 20. CAFETERIA PLAN
A. Effective January 1, 2009, the City shall contribute an equal amount towards
the cost of medical coverage under the Public Employee's Medical and
Hospital Care Act (PEMHCA) for both active employees and retirees. The
City's contribution toward coverage under PEMHCA shall be the minimum
contribution amount established by Cal PERS on an annual basis. Effective
January 1, 2014 the City's contribution under PEMHCA shall be $119.
Effective January 1, 2015, the City's contribution under PEMHCA shall be
$122.
B. Effective January 1, 2009, employees participating in the City's full flex
cafeteria plan shall receive a flex dollar allowance to purchase group health
coverage for medical, dental, and vision under the City's Cafeteria Plan.
C. For the period of July 1, 2014 through November 30, 2014, the flex dollar
shall be $557.52 with respect to an employee enrolled for self alone,
$1,018.99 for an employee enrolled for self and one family member, and
$1,304.52 for any employee enrolled for self and two or more family
members, plus any increase in costs for dental and vision plans effective
January 1, 2014.
D. Effective December 2014, for the January 2015 premium, the City's total
Cafeteria Plan contribution for the plan shall be modified by an amount equal
to one-half of the increase for the lowest cost HMO plan offered by PERS.
E. Effective December 2015, for the January 2016 premium, the City's total
Cafeteria Plan contribution for the plan shall be modified by an amount equal
to one-half of the increase for the lowest cost HMO plan offered by PERS, up
to a maximum of 5% increase in the City's contribution. Any increase in
premiums above this amount will be the full responsibility of the employee.
F. A portion of the flex dollar allowance ($119 for 2014 and $122 for 2015) is
identified as the City's contribution towards PEMHCA. This amount will be
adjusted on an annual basis as the PEMHCA minimum contribution
increases. Remaining flex dollars must be used by employees to participate
in the City's health plans. Employees who waive medical coverage under the
Cafeteria Plan because he/she provided the City with written proof that
medical insurance coverage is in force through coverage provided by another
source, consistent with any rules or restrictions on the City by the medical
plan provider, can take flex dollars for the amount provided to employees
enrolled for self alone (taxable income), deposit it into their457 plan, or use it
to purchase voluntary products. No remaining flex dollars may be redeemed.
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ARTICLE 21. DENTAL PLAN
The City shall provide for all employees in classifications represented in this Memorandum
of Understanding a dental plan of the City's choice. The City shall pay up to the full family
premium. The City may select an alternate dental insurance plan provider during the term
of this M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and
B. At least twenty-one (21) days advanced notice of plan changes are provided to
the POA.
ARTICLE 22. LIFE INSURANCE
The City shall provide a $40,000 Term Life Insurance Policy to each employee, full cost for
said policy to be paid by the City.
ARTICLE 23. VISION INSURANCE
The City shall provide a Vision Care Plan for bargaining unit members. The City shall
contribute the full family premium. The City may select an alternate vision care provider
during the term of the M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and
B. At least twenty-one (21) days advanced notice of plan changes are provided to
the POA.
ARTICLE 24. DISABLITY INSURANCE
The City shall pay for California State Disability Insurance for non-sworn personnel.
Benefits are payable by the State of California after a seven (7) day waiting period
following the onset of the illness or date of injury.
Effective January 1, 2004, the City will pay the premiums for the new Family Temporary
Disability Insurance for non-sworn personnel. Should there be any future rate increases to
State Disability Insurance and/or Family Temporary Disability Insurance plans after July 1,
2004, the City and the POA agree to meet and confer to discuss responsibility for payment
of such increases.
ARTICLE 25. RETIREMENT
The City is a contracting agency with the Public Employees' Retirement System of the
State of California, to which the City and the employees both contribute. This is carried on
in conjunction with Social Security. Participation is mandatory for all full-time City
employees.
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ARTICLE 26. RETIREMENT BENEFITS
A. CalPERS Retirement Contributions
1. A) G.C. Section 21362.2. The CalPERS Public Safety Officer 3%@ 50
Retirement Plan shall be provided for sworn personnel hired prior to
December 9, 2011. Sworn employees under this plan shall pay the full nine
percent of the employee share of Cal PERS.
B) G.C. Section 21363.1. The CalPERS Public Safety Officer 3% @ 55
Retirement Plan shall be provided for sworn employees hired between
December 9, 2011 and December 31, 2012, CalPERS "Classic" members
hired on or after January 1, 2013, and those eligible for reciprocity hired on
or after January 1, 2013. Sworn employees under this plan shall pay the full
nine percent (9%) of the employee share of CalPERS.
C) G.C. Section 7522.25. The CalPERS Public Safety Officer 2.7%@ 57
Retirement Plan shall be provided for new sworn employees hired on or after
January 1, 2013 who are not CalPERS "Classic" employees and are not
eligible for reciprocity. Sworn employees under this plan shall pay at least
50% of the total normal cost rate (currently 11.5%) of the employee share of
CalPERS.
2. A) G.C. Section 21354.4. The CalPERS 2.5% at Age 55 Retirement Plan
shall be provided for non-sworn employees hired prior to December 21,
2012. Effective July 22, 2011, all non-sworn employees will pay seven of the
eight percent employee share of the CalPERS retirement benefit costs. The
City will pay the remaining one percent. Upon City Council adoption of the
agreement and the completion of the contract amendment with Cal PERS, all
non-sworn employees shall pay the full eight percent (8%) of the employee
share of CalPERS.
B) G.C. Section 21354. The CalPERS 2.0% at Age 55 Retirement Plan
shall be provided for non-sworn employees hired between December 21,
2012 and December31, 2012, CalPERS "Classic" members hired on or after
January 1, 2013, and those eligible for reciprocity hired on or after January 1,
2013. Non-sworn employees under this plan shall pay the full seven percent
(7%) of the employee share of CalPERS.
C) G.C. Section 7522.20. The CalPERS 2%@ 62 Retirement Plan shall be
provided for new non-sworn employees hired on or after January 1, 2013
who are not CalPERS "Classic" employees and are not eligible for
reciprocity. Non-sworn employees under this plan shall pay at least 50% of
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ARTICLE 26. RETIREMENT BENEFITS (continued)
the total normal cost rate (currently 6.25%) of the employee share of
CalPERS.
3. G.C. Section 20636 (c)(4) pursuantto Section 20691. The employee portion
of the CalPERS contribution, made by the City, shall be reported to CalPERS
as income. The City will be responsible for the increased CalPERS
contribution as a result of the reporl:ing change.
4. G.C. Section 21024 and 21027. Employees may buy back, at their expense,
retirement service credit for prior military service as permitted by CalPERS.
5. A) GC Section 20042. Retirement benefits are based on the highest single
year compensation.
B) GC Section 20037. For employees hired on or after December 9, 2011,
retirement benefits are based on the highest average annual compensation
earnable by a member during three consecutive years of employment.
6. GC Section 20965. Employees will receive credit for unused sick leave.
7. GC Section 21548. The spouse of a deceased member, who was eligible to
retire for service at the time of death, may elect to receive the Pre-
Retirement Optional Settlement 2 Death Benefit.
8. Effective January 1, 2013, the Public Employee's Pension Reform Act of
2013 (PEPRA) will apply to all sworn and non-sworn employees, as well as
for employees transferring from other CalPERS or reciprocal agencies.
B. Retirement Defined
Retirement is defined as the termination of employment at an age when the
employee would qualify for an allowance under the California Public Employees
Retirement System (CalPERS) and the City's Personnel Regulations.
C. Retiree Medical
1. Employees who retire from City service will be allowed to purchase medical
insurance coverage through the City.
2. GC Section 22892. Effective January 1, 2009, the City's contribution shall be
an equal amount for both employees and annuitants, which shall be the
minimum contribution amount established by CalPERS on an annual basis.
During calendar year 2014, the amount shall be $119 per month, and
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ARTICLE 26. RETIREMENT BENEFITS (continued)
calendar year 2015 shall be $122 per month. The City's contribution shall be
adjusted annually by the CalPERS Board to reflect any change in the
medical care component of the Consumer Price Index, provided that the City
is participating in the CalPERS Health Plan.
3. Effective January 1, 2009, the City shall provide a supplemental contribution
to employees that are: 1) employed on a full-time basis as of June 30, 2008
and who have been employed with the City on a full-time basis for five (5)
years or more at the time of retirement; or 2) employed on a full-time basis
after June 30, 2008 and who have been employed by the City on a full-time
basis for ten (10) years or more at the time of retirement.
ARTICLE 27.
The supplemental contribution shall be equal to the difference between the
minimum contribution amount established by Cal PERS as set forth above in
Article 26, Section C.3 and the following amounts:
For single annuitant coverage:
For annuitant + 1 dependent:
For annuitant + 2 or more dependents:
EDUCATION
$165.36
$300.81
$361.86
The City shall pay tuition and book fees for all classes leading to an undergraduate or
graduate degree in a job-related field at an accredited school/college for all unit employees,
upon approval of the Police Chief. Reimbursement for educational costs may be granted
for employees participating in non-collegiate job-related continuing education/training
courses/programs. Payments for all classes must be approved by the Police Chief in
advance. Payments to employees will be made after the employee provides evidence of
completion of the course/program with a grade C or better or the course/program is passed
when a pass/fail grading system is utilized. Reimbursement shall be limited to $1,200 per
fiscal year and shall apply only to expenses for classes completed during the fiscal year in
which the reimbursement is being requested. No carryovers are allowed.
ARTICLE 28. NIGHT DIFFERENTIAL PAY
The City shall pay $.50 (50 cents) per hour additional wages for each hour worked in a shift
that begins at or after 2:00 p.m. Shifts beginning at or after 5:00 a.m. shall be considered -
day shifts and will not be subject to the differential.
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ARTICLE 29. STANDBY STATUS
A. When placed on "emergency standby" by the Police Chief, or his designee,
police employees will be granted one-eighth ( 1 /8) of an hour overtime pay for
each hour while on "emergency standby." An employee will be given a
minimum of one-half (1/2) hour overtime when placed on "emergency
standby." "Emergency standby" is the condition in which the employee is
immediately available by telephone or pager to respond to the station for
duty.
B. Police employees subpoenaed to appear in court outside their regularly
scheduled working hours will be granted four (4) hours minimum overtime for
a morning or afternoon appearance, or actual overtime beyond the four (4)
hour minimum if their appearance is required in both the morning and
afternoon of the same day. If subpoenaed to appear on off-duty hours and
notice of cancellation of the subpoena is received prior to twenty-four (24)
hours of the time for appearance, no overtime will apply; however, if notice of
the cancellation is received within the twenty-four (24) hours prior to the time
for appearance, the employee will be granted two (2) hours minimum of
overtime.
ARTICLE 30. PAYCHECKS
The City will pay regular checks on a biweekly basis. The paychecks will be provided to
the Police Department for distribution to employees by 3:00 p.m. the day prior to the
designated payday unless technical difficulties occur which are beyond the control of the
City. In any event, paychecks will be provided no later than 5:00 p.m. on the City's
designated payday. However, no check may be deposited into a financial institution to be
recorded by the issuing bank prior to the date of the designated payday.
ARTICLE 31. PAYROLL DEDUCTIONS
Requests for changes in and cancellation of Association dues shall be promptly processed
by the Association and put into effect by the City at the employee's request. Deductions for
dues shall be made twice monthly by the City and remitted to the Association monthly.
Requests for deductions shall be made on City-approved authorization cards.
The Association agrees to indemnify and hold the City harmless from any liabilities that
may arise as a result of the application of this article.
ARTICLE 32. ANNIVERSARY DATES
All current employee anniversary dates shall be as contained in the current City records.
All employees hired after July 1, 1986 shall have an anniversary date the same as date of
hire.
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ARTICLE 33. USE OF PRIVATE VEHICLE I MILEAGE RATE
No worker shall be required as a condition of obtaining or continuing City employment, to
possess or provide a private vehicle for use in connection with his/her City employment.
The City shall reimburse employees at the rate established by the City Council for use of
personal vehicles when such employees agree to such use upon stated request of the City.
Transportation to and from work shall not be reimbursed.
ARTICLE 34. PERSONNEL FILES
An employee or his/her designee may inspect his/her personnel file and obtain copies of
any and all items in that file at employee expense. A copy of all materials placed in an
employee's personnel file shall be provided to the employee upon the employee's request.
The employee may have plpced in his/her personnel file any signed and dated statement
of clarification or disagreement to any item or article contained within his/her personnel file.
ARTICLE 35. PROBATIONARY PERIOD
All appointments shall be tentative and subject to a probationary period of twelve (12)
months. The Police Chief, with the consent of the City Manager, may extend the
probationary period for specified cause(s) that shall be provided in writing to an employee.
All probationary employees who are being placed on an extended probationary period shall
be given written notice of the extension prior to the expiration of their probationary period.
In the event no such notice is given, the employee shall be considered to have successfully
completed his/her probationary period. An employee who is in a position that is
reclassified shall not be required to complete an additional probationary period. The
probationary period shall be regarded as a part of a continuing testing process and shall be
utilized for closely observing the employee's work, for securing the most effective
adjustment of a new employee to his or her position, and for rejecting any probationary
employee whose performance does not meet the required standards of work. The Police
Chief, with the consent of the City Manager, may release the probationary employee from
City employment without cause at any time during the probationary period.
ARTICLE 36. RESIGNATION
An employee wishing to leave his/her employment with the City in good standing shall file
with his/her supervisor a written resignation stating the effective date of his/her resignation
and the reason for leaving. The resigning individual shall file such written resignation at
least two (2) weeks in advance of the effective termination date and participate in an exit
interview conducted by the City prior to issuance of the final paycheck.
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ARTICLE 37. TRANSFERS
Transfer of an employee to a position within the employee's current range shall not affect
the employee's salary range. Transfer of an employee to a position within a higher range
shall be considered a promotion. Transfer of an employee to a lower range shall be
considered a demotion.
ARTICLE 38. PROMOTION
Promotion of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed in the salary range of the new position which would
result in at least a five percent (5%) increase in salary compared to the employee's existing
salary position. Promotion of the employee may be made with the consent of the City
Manager without testing or opening the position for consideration of all non-employees.
All current employees shall be given consideration for a position opening that will be filled
by promotion. An employee promoted to a new position shall serve a twelve (12) month
probationary period in that position. In the event the promoted party is removed from the
position to which promoted, the employee shall be considered demoted but shall be
returned to the range from which promoted. No change in step shall occur as a result of an
employee passing the promoted position probationary period. An employee's promotion
date will become their anniversary date for the purposes of performance evaluations and
step increases.
ARTICLE 39. TEMPORARY POSITIONS
The Police Chief may temporarily promote an employee only after entering into a written
agreement of the terms of such temporary promotion with the employee.
ARTICLE 40. DEMOTION
Transfer of an employee to a lower class shall result in reduction of salary. The
employee's salary shall be placed in the identical step in the lower class that the employee
enjoyed in the class from which demotion was made.
Demotion can be made for cause, which shall be provided to the employee in writing by the
Police Chief prior to any action taking place. Demotion for disciplinary reasons may be
appealed through the grievance procedure by the demoted employee. Demotion for other
reasons is not appealable.
ARTICLE 41. LAYOFF
Whenever, in the judgement of the City, it becomes necessary to make a reduction in
force, said reduction whenever possible shall be accomplished through attrition.
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ARTICLE 41. LAYOFF (continued)
Workers subject to a reduction in force shall be given at least thirty (30) calendar days'
notice prior to the effective date of the layoff. The Association shall receive concurrent
notice and may be granted an opportunity to meet and consult with the City to discuss the
proposed alternatives to a reduction in force.
When one or more workers performing in the same class in the Police Department are to
face a reduction in force, the Police Chief and an AGPOA representative shall confer on
the basis on which personnel shall be selected for layoff.
If a laid-off employee's position, or a similar position to which the City determines the
former employee is suited, becomes available within nine (9) months of layoff, said former
employee shall be recalled. If the job in a lower classification becomes available and a
former employee is qualified in the judgement of the City, he/she may be rehired in the
lower classification's position opening.
ARTICLE 42. GRIEVANCE PROCEDURE
Purpose:
A. This grievance procedure shall be the exclusive process to resolve
grievances as the term is defined herein below:
B. The purposes of this procedure are:
Definitions:
1. To resolve grievances informally at the lowest level; and
2. To provide an orderly procedure for reviewing and resolving
grievances promptly.
A. Grievance means "a complaint by an employee concerning the interpretation
or application of the provisions of this Agreement or of rules or regulations
governing personnel practices or conditions, which complaint has not been
resolved satisfactorily in an informal manner between the employee and
his/her immediate supervisor."
B. As used in this procedure, the term immediate supervisor means "the
individual so designated by the Police Chief who assigns, reviews, and
directs the work of an employee."
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ARTICLE 42. GRIEVANCE PROCEDURE (continued)
Time Limits:
Each party involved in a grievance shall act quickly so that the grievance may be resolved
promptly. Every effort should be made to complete action within the time limits contained
in the grievance procedure; but with the written consent of all parties, the time limitation for
any step may be extended.
STEP 1
The grievance initially shall be personally discussed between the employee and
his/her immediate supervisor. Within ten (10) calendar days, the immediate
supervisor shall give his/her decision or response.
STEP2
A. If the grievance is not informally resolved to the satisfaction of the grievant in
Step 1, a formal grievance may be initiated. A formal grievance must be
initiated no later than:
1. Thirty (30) calendar days after the event of circumstances
occasioning the grievance; or
2. Within ten (10) calendar days of the Step 1 decision rendered in the
informal grievance procedure, whichever is the latter.
B. However, ifthe Step 1 informal grievance procedure is not initiated within the
period specified in subsection (1) above, the period in which to bring the
grievance shall not be extended by subsection (2) above.
C. A Step 2 grievance shall be initiated in writing on a form prescribed by the
City and shall be filed with the person designated by the Police Chief as the
first level of appeal. The employee may be represented by a representative
of his/her choice.
D. The grievant shall cite the specific provision(s) of the then currently effective
Memorandum of Understanding, ordinance, resolution, Department General
Order or written rule claimed to have been violated, set forth the facts that
purportedly constitute such violation, and the specific remedy sought.
E. Within ten (10) calendar days afterthe initiation of the Step 2 grievance, the
first level of appeal person shall investigate the grievance and give his/her
decision in writing to the grievant.
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ARTICLE42. GRIEVANCE PROCEDURE (continued)
STEP3
A. If the grievant is not satisfied with the decision rendered pursuant to Step 2,
he/she may appeal the decision within ten (10) calendar days to the Police
Chief or his/her designated representative. The employee may be
represented by a representative of his/her choice.
B. The Police Chief or his designated representative shall respond in writing
within ten (10) calendar days to the grievant. If the Police Chief or his/her
designated representative determines it is desirable, he/she may hold a
meeting with the grievant and/or his/her representative or otherwise
investigate the matter with the objective of resolving the grievance at the
lowest possible level. The grievant may decline to participate in the meeting.
STEP4
A. If the grievant is not satisfied with the decision rendered pursuant to Step 3,
he/she may appeal the decision within ten (10) calendar days to the City
Manager. The employee may be represented by a representative of his/her
choice.
B. The City Manager shall respond in writing within twenty-eight (28) calendar
days to the grievant. If the City Manager or his/her designated
representative determines it is desirable, he/she may hold a meeting with the
grievant and/or his/her representative or otherwise investigate the matter with
the objective of resolving the grievance at the lowest possible level. The
grievant may decline to participate in the meeting.
STEPS
A. If the grievant is not satisfied with the decision rendered pursuant to Step 4,
he/she may, within ten (10) calendar days, invoke the right to have the
grievance resolved by binding arbitration. ·
B. If the notice from the employee requesting arbitration is endorsed by an
authorized Association representative, the Association will bear fifty percent
(50%) of the cost of the services of the arbitrator. If the notice is not so
endorsed by the Association's representative, then the employee must bear
half of the cost of the arbitrator. The City shall be responsible for the
remaining fifty percent (50%) of the cost for the services of the arbitrator.
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ARTICLE 42. GRIEVANCE PROCEDURE (continued)
C. The Association's representative and the City Manager, or his representative,
shall meet to select a single, qualified, impartial, local arbitrator; but they may
agree to use the services of a state agency or arbitration service if a mutually
acceptable local arbitrator is unavailable or if both parties are unable to
agree upon an acceptable local arbitrator.
D. The arbitration shall be convened as soon as is possible after the notice, and
the decision of the arbitrator shall be final and binding on all concerned
parties.
ARTICLE 43. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State law and City ordinances
and expressly and exclusively retains its management rights, which include but are not
limited to:
• + the exclusive right to determine the mission of its constituent departments,
commissions, boards;
• • set standards and levels of services;
• • determine the procedures and standards of selection for employment and
promotions;
• • direct its employees;
+ + determine the methods and means to relieve its employees from duty
because of lack of work or other lawful reasons;
• • maintain the efficiency of governmental operations;
• • determine the methods, means, and numbers and kinds of persons by which
government operations are to be conducted;
• • determine methods of financing;
• • determine style and/or types of City-issued equipment to be used;
• + determine and/or change the facilities, methods, technology, means,
organizational structure and composition of the work force, and allocate and
assign work by which the City operations are to be conducted;
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ARTICLE 43. MANAGEMENT RIGHTS (continued)
+ + determine and/or change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City
functions, including, but not limited to, the right to contract for or subcontract
any work, labor, services, or operations of the City;
+ + assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice;
+ + establish and modify productivity and performance programs and standards;
+ + discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise c;jiscipline employees in accordance with applicable
law.
The Association recognizes that the City has, and will continue to retain whether exercised
or not, the unilateral and exclusive right to operate, administer, and manage its municipal
services and work force performing those services in all respects, subject to this
Memorandum of Understanding; provided, however, that the exercise of such rights does
not preclude employees or their representatives from conferring or raising grievance about
the practical consequences that decisions on these matters may have on wages, hours,
and other terms and conditions of employment. Nothing in this Management Rights clause
modifies the scope of representation defined on the Meyers-Milias-Brown Act.
ARTICLE 44. ASSOCIATION ACTIVITIES
A. The Association shall provide the Police Chief and City Manager with a list of
all authorized AGPOA representatives and the list shall be kept current.
B. An employee and/or his/her AGPOA representative may, when and to the
extent necessary, take official City time without loss of compensation in order
to participate in the investigation and processing of a grievance, as provided
for in this MOU, upon notification and approval of the immediate supervisor
or his/her designee.
C. The Police Chief and City Manager will approve one employee and/or
AGPOA representative to take official City time to investigate and process a
grievance, when and to the extent necessary, and only if it will in no event
adversely affect the operational, security, or safety requirements of the City.
It is understood that the employee and/or AGPOA representative shall make
every reasonable effort to perform any of the above activities on off-duty
time.
Item 8.j. - Page 32
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE 25
ARTICLE 45. ASSOCIATION ACCESS TO WORK LOCATIONS
A. The City agrees that the authorized AGPOA representative shall be granted
access to work location(s) to participate in investigation and processing of
grievances per the grievance procedure of the MOU or to observe working
conditions, upon approval of the Police Chief and City Manager, when to the
extent necessary.
B. The Association shall provide the Police Chief and City Manager with a list of
all authorized AGPOA representatives, and the list shall be kept current by
the Association.
C. Upon notification and approval of the City Manager or his/her designee, an
authorized AGPOA staff member is permitted to communicate with the
employee(s) and/or AGPOA representatives on official City time without said
employee(s) and/or AGPOA representatives' loss of compensation. It is not
the intent of this section to allow general Association meetings on City time
but, rather, to allow investigation and discussion of working conditions,
grievances, and safety issues.
D. It is understood that every reasonable effort shall be made to perform the
above activities on off-duty time.
ARTICLE 46. ASSOCIATION USE OF CITY FACILITIES
A. The Association may, with prior approval of the City Manager, be granted the
use of City facilities for meetings of Association members, provided space is
available. No use fee will be charges.
B. The City agrees to furnish bulletin board space of reasonable size for posting
of AGPOA materials.
ARTICLE 47. ASSOCIATION MEET AND CONFER REPRESENTATION
Three (3) AGPOA representatives shall constitute the maximum number of employees for
meet and confer sessions with City representatives on City time during representatives
working hours for the purpose of meeting and conferring in good faith without loss of pay or
any benefits.
ARTICLE 48. NO STRIKE/NO LOCKOUT
The Association agrees that during the term of the Memorandum of Understanding, neither
the Association or the employees it represents will engage in, encourage, sanction,
support, or suggest any strikes. The employer agrees that it will not lockout any of its
employees during the term of this Memorandum of Understanding.
Item 8.j. - Page 33
MEMORANDUM OF UNDERSTANDING -2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE26
ARTICLE 49. NONDISCRIMINATION
The City shall pursue a policy of affirmative action, equal opportunity, and equal
promotional opportunity for all workers in accordance with applicable law.
No Association member shall be discriminated against by the City because of his/her
efforts in carrying out this Memorandum of Understanding or because of political, religious,
union or nonunion affiliation of belief, race, color, age, sex, national origin, handicap,
marital or military status, or sexual preference; nor shall any members of the Association
discriminate against any employee or official of the City based upon the foregoing reasons.
ARTICLE 50. MOU IMPLEMENTATION
Both parties agree that the terms of this Memorandum of Understanding supersede
provisions of all other practices, Memorandum of Understanding, resolution, and rules of
the City that conflict with provisions of this Agreement.
ARTICLE 51. MAINTENANCE OF BENEFITS
All benefits enjoyed by unit employees as of July 1, 2014, and any side letter agreements
currently in effect or reached after that date, shall remain in full force and effect unless
modified by a subsequent Memorandum of Understanding or by mutual agreement, in
writing, of the parties.
Exhibit "A" through Exhibit "F" are attached and incorporated as part of this Memorandum
of Understanding.
ARTICLE 52. POLICY CONFLICTS
The policies and provisions contained herein shall supersede, in all material respects, all
conflicting or inconsistent policies and provisions contained in the City of Arroyo Grande
Personnel Regulations and the City of Arroyo Grande Administrative Policies and
Procedures.
Item 8.j. - Page 34
MEMORANDUM OF UNDERSTANDING • 2014/2016
AGPOA AND CITY OF ARROYO GRANDE
PAGE27
REPRESENTATIVES OF
CITY OF ARROYO GRANDE
DATE: ______ _
SHELLINE BENNETT
CHIEF NEGOTIATOR
KAREN SISKO
CITY NEGOTIATOR
REPRESENTATIVES OF ARROYO
GRANDE POLICE OFFICERS'
ASSOCIATION
DATE: 4/;s Jvf
MICHd I--'
CHIEF NEGOTIATOR
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Item 8.j. - Page 35
RANGE A B
31 4855 5096
32 4977 5229
33 5099 5359
34 5232 5490
35 5362 5628
36 5494 5767
37 5632 5913
38 5770 6059
39 5916 6210
40 6060 6364
41 6215 6523
42 6369 6687
43 6529 6856
44 6691 7027
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES-POLICE
SWORN 07 /01/2014
c D E
5356 5621 5903
5487 5761 6048
5623 5905 6200
5764 6052 6356
5908 6202 6515
6054 6361 6677
6206 6518 6845
6363 6679 7016
6520 6847 7190
6683 7019 7369
6850 7195 7554
7022 7372 7741
7199 7558 7936
7380 7750 8135
Exhibit "A"
Positions
Police Officer
SR. Police Officer
Police Sergeant
Item 8.j. - Page 36
RANGE A B
21 3716 3902
22 3811 4000
23 3906 4104
24 4005 4206
25 4106 4307
26 4208 4417
27 4311 4526
28 4419 4638
29 4531 4755
30 4640 4873
31 4756 4996
32 4881 5124
33 5001 5252
CITY OF ARROYO GRANDE
NON-SWORN 07 /01/14
SCHEDULE OF SALARY RANGES-POLICE
c D E
4101 4304 4517
4202 4411 4630
4306 4520 4747
4416 4634 4867
4521 4750 4987
4635 4868 5112
4753 4992 5242
4870 5119 5372
4995 5244 5504
5121 5375 5644
5248 5511 5786
5378 5647 5927
5513 5791 6078
Exhibit "B"
Positions
Support Svc. Tech.
Support Services Supv.
Item 8.j. - Page 37
RANGE A
31 4,~76
32 5,101
33 5,226
34 5,363
35 5,496
36 5,631
37 5,773
38 5,914
39 6,064
40 6,212
41 6,370
42 6,528
43 6,692
44 6,858
CITY OF ARROYO GRANDE
SWORN 09/26/14
SCHEDULE OF SALARY RANGES-POLICE
B c D E
5,223 5,490 5,762 6,051
5,360 5,624 5,905 6,199
5,493 5,764 6,053 6,355
5,627 5,908 6,203 6,515
5,769 6,056 6,357 6,678
5,911 6,205 6,520 6,844
6,061 6,361 6,681 7,016
6,210 6,522 6,846 7,191
6,365 6,683 7,018 7,370
6,523 6,850 7,194 7,553
6,686 7,021 7,375 7,743
6,854 7,198 7,556 7,935
7,027 7,379 7,747 8,134
7,203 7,565 7,944 8,338
Exhibit "C"
Positions
Police Officer
SR. Police Officer
Police Sergeant
Item 8.j. - Page 38
RANGE A
21 3,809
22 . 3,906
23 4,004
24 4,105
25 4,209
26 4,313
27 4,419
28 4,529
29 4,644
30 4,756
31 4,875
32 5,003
33 5,126
CITY OF ARROYO GRANDE
NON-SWORN 09/26/14
SCHEDULE OF SALARY RANGES-POLICE
B c D E
4,000 4,204 4,412 4,630
4,100 4,307 4,521 4,746
4,207 4,414 4,633 4,866
4,311 4,526 4,750 4,989
4,415 4,634 4,869 5,112
4,527 4,751 4,990 5,240
4,639 4,872 5,117 5,373
4,754 4,992 5,247 5,506
4,874 5,120 5,375 5,642
4,995 5,249 5,509 5,785
5,121 5,379 5,649 5,931
5,252 5,512 5,788 6,075
5,383 5,651 5,936 6,230
Exhibit "D"
Positions
Support Services Techician
Support Services Supervisor
Item 8.j. - Page 39
RANGE A
31 5,076
32 5,203
33 5,331
34 5,470
35 5,606
36 5,744
37 5,888
38 6,032
39 6,185
40 6,336
41 6,497
42 6,659
43 6,826
44 6,995
CITY OF ARROYO GRANDE
SWORN 07 /03/15
SCHEDULE OF SALARY RANGES-POLICE
B c D E
5,327 5,600 5,877 6,172
5,467 5,736 6,023 6,323
5,603 5,879 6,174 6,482
5,740 6,026 6,327 6,645
5,884 6,177 6,484 6,812
6,029 6,329 6,650 6,981
6,182 6,488 6,815 7,156
6,334 6,652 6,983 7,335
6,492 6,817 7,158 7,517
6,653 6,987 7,338 7,704
6,820 7,161 7,523 7,898
6,991 7,342 7,707 8,094
7,168 7,527 7,902 8,297
7,347 7,716 8,103 8,505
Exhibit "E"
Positions
Police Officer
SR. Police Officer
Police Sergeant
Item 8.j. - Page 40
RANGE A
21 3,885
22 3,984
23 4,084
24 4,187
25 4,293
26 4,399
27 4,507
28 4,620
29 4,737
30 4,851
31 4,973
32 5,103
33 5,229
CITY OF ARROYO GRANDE
NON-SWORN 07 /03/15
SCHEDULE OF SALARY RANGES-POLICE
B c D E
4,080 4,288 4,500 4,723
4,182 4,393 4,611 4,841
4,291 4,502 4,726 4,963
4,397 4,617 4,845 5,089
4,503 4,727 4,966 5,214
4,618 4,846 5,090 5,345
4,732 4,969 5,219 5,480
4,849 5,092 5,352 5,616
4,971 5,222 5,483 5,755
5,095 5,354 5,619 5,901
5,223 5,487 5,762 6,050
5,357 5,622 5,904 6,197
5,491 5,764 6,055 6,355
Exhibit "F"
Positions
Support Services Techician
Support Services Supervisor
Item 8.j. - Page 41
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Item 8.j. - Page 42