R 4099RESOLUTION N0.4099
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 OFFICER'S ASSOCIATION
WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo
Grande and its employees represented by 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 depicted in
Exhibit "A"; entitled Memorandum of Understanding between the City of Arroyo Grande
and the Arroyo Grande Police Officers' Association, 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 terms of this Resolution as contained in Exhibit "A" attached hereto and
incorporated herein shall become effective July 1, 2008.
BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of
Resolution No. 3777 and Resolution 3904 which established salary and benefits for full-
time employees represented by the Arroyo Grande Police Officers' Association.
On motion of Council Member Costello, seconded by Council Member Guthrie, and on
the following roll call vote, to wit:
AYES: Council Members Costello, Guthrie, Arnold, Fellows, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 24th day of June 2008.
RESOLUTION NO. '~~~
PAGE 2
TONY RRA AYOR
ATTEST:
KELLY 1N,~TM~¢RE, CITY CLERK
APPROVED AS TO CONTENT:
~S7~EV~N ADA ,CITY MANAGER
APPROVED TO AS FORM:
~~Il~--- /' ~~
TI~THY J. C EL, CITY ATTORNEY
2008-2009 - 2009-2010
(Two Years)
MEMORANDUM OF UNDERSTANDING
Between
ARROYO GRANDE POLICE OFFICERS' ASSOCIATION
And
CITY OF ARROYO GRANDE
2008/2008 - 2009/2010
AGPOA /CITY OF ARROYO GRANDE
MEMORANDUM OF UNDERSTANDING
TABLE OF CONTENTS
ARTICLE 1: TERM OF MEMORANDUM ............................................................1
ARTICLE 2: SALARY SCHEDULES ................................................................. ..1
ARTICLE 3: APPLICATION OF SALARY STEPS ............................................ ..1
ARTICLE 4: ADVANCEMENT IN PAY .............................................................. ..2
ARTICLE 5: SPECIALTY PAY .......................................................................... ..3
ARTICLE 6: VACATION LEAVE ....................................................................... ..4
ARTICLE 7: HOLIDAY LEAVE .......................................................................... ..5
ARTICLE 8: SICK LEAVE ................................................................................. ..7
ARTICLE 9: BEREAVEMENT LEAVE .............................................................. ..7
ARTICLE 10: FAMILY LEAVE ............................................................................ ..7
ARTICLE 11: MILITARY LEAVE ......................................................................... ..8
ARTICLE 12: EDUCATIONAL PAY .................................................................... ..8
ARTICLE 13: MEDICAL LEAVE ......................................................................... ..9
ARTICLE 14: EMERGENCY LEAVE ................................................................... ..9
ARTICLE 15: JURY DUTY .................................................................................. ..9
ARTICLE 16: HOURS OF WORK AND OVERTIME ........................................... 10
ARTICLE 17: CALLBACK PAY .......................................................................... 11
ARTICLE 18: UNIFORMS AND EQUIPMENT ..................................................... 11
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
TABLE OF CONTENTS
(continued)
ARTICLE 19: MEDICAL INSURANCE ................................................................ 11
ARTICLE 20: CAFETERIA PLAN ....................................................................... 12
ARTICLE 21: DENTAL PLAN ............................................................................. 13
ARTICLE 22: LIFE INSURANCE ......................................................................... 13
ARTICLE 23: VISION INSURANCE .................................................................... 13
ARTICLE 24: DISABILITY INSURANCE ............................................................ 14
ARTICLE 25: RETIREMENT ............................................................................... 14
ARTICLE 26: RETIREMENT BENEFITS ............................................................. 14
ARTICLE 27: EDUCATION ................................................................................. 16
ARTICLE 28: NIGHT DIFFERENTIAL PAY ........................................................ 16
ARTICLE 29: STANDBY STATUS ...................................................................... 17
ARTICLE 30: PAYCHECKS ................................................................................ 17
ARTICLE 31: PAYROLL DEDUCTIONS ............................................................. 17
ARTICLE 32: ANNIVERSARY DATES ............................................................... 18
ARTICLE 33: USE OF PRIVATE VEHICLE/ MILEAGE RATE ........................... 18
ARTICLE 34: PERSONNEL FILES ..................................................................... 18
ARTICLE 35: PROBATIONARY PERIOD ........................................................... 18
ARTICLE 36: RESIGNATION .............................................................................. 19
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
TABLE OF CONTENTS
(continued)
ARTICLE 37: TRANSFERS ................................................................................ 19
ARTICLE 38: PROMOTION ................................................................................ 19
ARTICLE 39: TEMPORARY POSITIONS ........................................................... 19
ARTICLE 40: DEMOTION ................................................................................... 20
ARTICLE 41: LAYOFF ........................................................................................ 20
ARTICLE 42: GRIEVANCE PROCEDURE ......................................................... 21
ARTICLE 43: MANAGEMENT RIGHTS .............................................................. 24
ARTICLE 44: ASSOCIATION ACTIVITIES ......................................................... 25
ARTICLE 45: ASSOCIATION ACCESS TO WORK LOCATIONS ..................... 25
ARTICLE 46: ASSOCIATION USE OF CITY VEHICLES ................................... 26
ARTICLE 47: ASSOCIATION MEET AND CONFER REPRESENTATION........ 26
ARTICLE 48: NO STRIKE/ LOCKOUT ............................................................... 26
ARTICLE 49: NONDISCRIMINATION ................................................................ 27
ARTICLE 50: MOU IMPLEMENTATION ............................................................. 27
ARTICLE 51: MAINTENANCE OF BENEFITS ................................................... 27
2008/2009 - 2009/2010
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, 2008, through June 30,
2010 (two years). Meet and confer sessions for Fiscal Year 2010-11 shall commence no later
than March 15, 2010.
ARTICLE 2.
CLASSIFICATION
Police Sergeant
Senior Police Officer
Police Officer
Support Services Supervisor
Support Services Technician
41
35
31
29
21
The City and the Police Officers' Association agree that all position classifications represented
by the Association shall receive salary increases as listed below:
Sworn
06/27/08 2.5% (Exhibit A)
12/26/08 3.5% (Exhibit B)
12/25/09 5.5% (Exhibit C)
Non-Sworn
06/27/08 2.5% (Exhibit D)
12/26/08 3.5% (Exhibit E)
12/25/09 6.5% (Exhibit F)
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:
SALARY SCHEDULES
SALARY RANGE
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 2
ARTICLE 3. APPLICATION OF SALARY STEPS (continued)
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 advancement 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.
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.
B. 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.
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 3
ARTICLE 4. ADVANCEMENT IN PAY (continued)
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. SPECIALTY 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 (EMD) 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 shall receive an
additional $150 per month while assigned to the Traffic Enforcement
Motorcycle Program.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 4
ARTICLE 5. SPECIALTY 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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 5
ARTICLE 6. VACATION LEAVE (continued)
D. Vacation le ave with pay shall be earned in accordance with the following
schedule:
1 year 80 hours 6.67 hours per month
2 years 96 8.00 "
3 years 104 8.67 "
4 years 112 9.34 "
5 years 120 10.00 "
6 years 120 10.00 "
7 years 128 10.67 "
8 years 128 10.67 "
9 years 136 11.34 "
10 years 136 11.34 "
11 years 144 12.00 "
12 years 144 12.00 "
13 years 152 12.67 "
14 years 152 12.67 "
15 years 160 13.34 "
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
Maximum Vacation Hours That
Can Be Accrued on January 1
1 - 5
5+ - 10
10+ - 15
15+
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 maybe 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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 6
ARTICLE 7. HOLIDAY LEAVE (continued)
2. 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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 7
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. Upon retirement an employee may
choose to be paid for 50% of unused sick leave, to a maximum of 480 hours at his/her
current rate of pay. The remainder of unused accumulated sick leave will be forwarded to
PERS to be used towards retirement credit per the City's contract with 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.
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.
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:
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 8
ARTICLE 10. FAMILY LEAVE (continued)
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 electto replace the employee
in his/her position in the event employee takes more than forty-eight (48) working days per
calendar year.
ARTICLE 12. EDUCATIONAL PAY
A. All unit employees may qualify for a two and one-half percent (2'/z%) 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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 9
ARTICLE 12. EDUCATIONAL PAY (continued)
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, orfor 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 underthe 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.
ARTICLE 15. JURY DUTY
Employees shall be granted leave with full pay and no loss in benefits, when called forjury
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 10
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/orworkload 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
175 hours. Upon separation from employment, an employee is entitled to
receive cash compensation for any unused compensatory time.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 11
ARTICLE 17. CALLBACK PAY
Callback is defined as, "the circumstances that requires 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 back to work will receive a minimum two (2) hours
overtime pay. An employee called in early to start his/her work shift without prior
reasonable notice will receive a minimum two (2) hours overtime pay. Reasonable notice
shall be defined as, "the number of hours in the employee's standard shift."
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 $300 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 after the first regular pay date in
July.
ARTICLE 19. MEDICAL INSURANCE
A. For the period of July 1, 2008 through December 31, 2008, the City shall pay
the monthly premium to a maximum of $413.29 with respect to an employee
enrolled for self alone, $826.81 for an employee enrolled for self and one
family member, and $1,074.84 for an employee enrolled for self and two or
more family members.
B. 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.
C. The City will maintain health benefits through CaIPERS for calendar year
2009.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 12
ARTICLE 17. MEDICAL INSURANCE (continued)
D. Employees who waive medical coverage under 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 receive the dollar
amount provided to employees enrolled for self alone in the base plan
(taxable income), deposit it into their457 plan, or use itto purchase voluntary
products.
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 CaIPERS on an annual basis. Effective
January 1, 2009, the City's contribution under PEMHCA shall be $101.00.
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 under the City's Cafeteria Plan. For the period of January 1, 2009
through December 31, 2009, the flex dollar allowance shall be equal to the
maximum amount paid by the City for medical, dental and vision insurance
premiums for the period of July 1, 2008 through December 31, 2008, based
on the employee's status of coverage for self alone, employee plus one, or
family coverage, plus 75% of any increase to the medical premiums for the
base plan and 100% of any increase to the dental and vision insurance
premiums.
C. For the period of January 1, 2010 through June 30, 2010, the flex dollar
allowance shall be the amount in effect on December 31, 2009 plus 75% of
any increase to the medical premiums for the base plan and 100% of any
increase to the dental and vision insurance premiums.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 13
ARTICLE 20. CAFETERIA PLAN (continued)
D. A portion of the flex dollar allowance ($101.00) 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 their 457 plan, or use it to purchase voluntary
products. No remaining flex dollars may be redeemed.
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 leasttwenty-one (21) days advanced notice of plan changes are provided to
the POA.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 14
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 Ciry 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.
ARTICLE 26. RETIREMENT BENEFITS
A. PERS Retirement Contributions
G.C. Section 21362.2. Effective July 1, 2008, the PERS Public Safety
Officer 3% at Age 50 Retirement Plan shall be provided for sworn
personnel, with the City paying back to each sworn employee an amount
equal to the 6.5% deduction from the sworn employee's paycheck for PERS
retirement.
2. G.C. Section 21354.4. Effective July 1, 2008, the PERS 2.5% at Age 55
Retirement Plan is provided for non-sworn personnel, with the City paying
back to each non-sworn employee an amount equal to the 5.5% deduction
from the non-sworn employee's paycheck for PERS retirement.
3. G.C. Section 20636 (c)(4) pursuant to Section 20691. The employee portion
of the PERS contribution, made by the City, shall be reported to PERS as
income. The City will be responsible forthe increased PERS contribution as
a result of the reporting change.
4. G.C. Section 21024 and 21027. Employees may buy back, attheir expense,
retirement service credit for prior military service as permitted by PERS.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 15
ARTICLE 26. RETIREMENT BENEFITS (continued)
GC Section 20042. Retirement benefits are based on the highest single year
compensation.
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. This provision will go
effective January 1, 2005 for non-sworn employees and July 1, 2005 for
sworn employees.
B. Retirement Defined
Retirement is defined as the termination of employment at an age when the
employee would qualify for an allowance under the Public Employees Retirement
System (PERS) and the City's Personnel Regulations.
C. Retiree Medical
Employees who retire from City service will be allowed to purchase medical
insurance coverage through the City.
2. For the period of July 1, 2008 through December 31, 2008, the City shall
participate in the PERS unequal contribution option.
3. 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 CaIPERS on an annual basis.
During calendar year 2009, that amount shall be $101 per month.
Commencing January 1, 2010, the City's contribution shall be adjusted
annually by the CaIPERS Board to reflect any change in the medical care
component of the Consumer Price Index, provided that the City is
participating in the CaIPERS Health Plan.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 16
ARTICLE 26. RETIREMENT BENEFITS (continued)
4. 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 afull-time
basis for ten (10) years or more at the time of retirement.
The supplemental contribution shall be equal to the difference between the
minimum contribution amount established by CaIPERS asset forth above in
Article 26, Section C.3 and the following amounts:
For single annuitant coverage: $165.36
For annuitant + 1 dependent: $300.81
For annuitant + 2 or more dependents: $361.86
5. If employee retirement medical benefits based on a different methodology
that arrive at amounts greater than those in effect on July 1, 2008 are
provided to management or any other City employee bargaining unit during
the term of this MOU, then the City and Association shall reopen negotiations
to meet and confer on providing employee retiree medical benefit amounts
consistent with the methodology used to calculate the retiree medical benefit
amounts for management orthe bargaining unit receiving the greater amount
of retiree medical benefits.
ARTICLE 27. EDUCATION
The City shall pay tuition and book fees for all classes leading to an undergraduate or
graduate degree in ajob-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 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.
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 17
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 18
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.
ARTICLE 33. USE OF PRIVATE VEHICLE /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 placed 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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 19
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.
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
Transfer of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed on the salary step of the new range which would result in
at least a five percent (5%) increase in salary compared to the employee's existing salary.
Promotion of an employee may be made by the Police Chief, 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 over all non-employees. All current
employees shall be given consideration for a position opening that will be filled by
promotion. Employees may only apply for promotion, if they meet the minimum
requirements for the position to which they wish to be promoted, on the date the
announcement closes. In the event the promoted party is removed during the probationary
period from the position to which promoted, the employee shall not be considered demoted
but shall be returned to the range from which promoted. No changes instep shall occur as
a result of an employee passing the promoted position probationary period. A promoted
employee shall retain his or her anniversary date held prior to promotion.
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 20
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.
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 21
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:
To resolve grievances informally at the lowest level; and
2. To provide an orderly procedure for reviewing and resolving
grievances promptly.
Definitions:
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."
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.
STEP 2
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:
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 22
ARTICLE 42. GRIEVANCE PROCEDURE (continued)
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, if the 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 after the 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.
STEP 3
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 23
ARTICLE 42. GRIEVANCE PROCEDURE (continued)
STEP 4
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.
STEP 5
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.
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 afterthe notice, and
the decision of the arbitrator shall be final and binding on all concerned
parties.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 24
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 bywhich
government operations are to be conducted;
• • determine methods of financing;
• • determine style and/or types of City-issued equipment to be used;
• • determine andlor change the facilities, methods, technology, means,
organizational structure and composition of the work force, and allocate and
assign work bywhich the City operations are to be conducted;
• • 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;
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 25
ARTICLE 43. MANAGEMENT RIGHTS (continued)
• • discharge, suspend, demote, reprimand, withhold salary increases and
benefits, or otherwise discipline employees in accordance with applicable
law.
The Association recognizes that the City has, and will continue to retain whetherexercised
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.
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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 26
ARTICLE 45. ASSOCIATION ACCESS TO WORK LOCATIONS (continued)
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 orhis/her designee, an
authorized AGPOA staff member is permitted to communicate with the
employee(s) and/orAGPOA representatives on official Citytime 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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 27
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, 2008, 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.
MEMORANDUM OF UNDERSTANDING - 2008/2009 - 2009/2010
AGPOA AND CITY OF ARROYO GRANDE
PAGE 28
REPRESENTATIVES OF REPRESENTATIVESOFARROYO
CITY OF ARROYO GRANDE GRANDE POLICE OFFICERS'
DATE:
STEVEN ADAMS
CITY MANAGER
KAREN SISKO
CITY NEGOTIATOR
ASSOCIATION
DATE:
DAN LANGSTAFF
PRESIDENT, AGPOA
JOHN ALLEN
NEGOTIATOR, AGPOA
MIKE SMILEY
NEGOTIATOR, AGPOA
ALBERT BEATTIE
NEGOTIATOR, AGPOA
EXHIBIT A
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES-POLICE
SWORN -6/27/08 INCREASE
2.5% 2.5% 2.5% 2.5% 2.5%
RANGE A B C D E
31 4336 4552 4782 5020 5272
New 4444 4666 4902 5146 5404 Police Officer
32 4446 4669 4900 5144 5402
New 4557 4786 5023 5273 5537
33 4554 4785 5022 5274 5537
New 4668 4905 5148 5406 5675
34 4672 4903 5147 5405 5676
New 4789 5026 5276 5540 5818
35 4788 5027 5277 5539 5818
New 4908 5153 5409 5677 5963 SR. Police Officer
36 4906 5150 5407 5681 5963
New 5029 5279 5542 5823 6112
37 5030 5281 5542 5820 6113
New 5156 5413 5681 5966 6266
38 5153 5412 5683 5965 6266
New 5282 5547 5825 6114 6423
39 5283 5546 5822 6115 6421
New 5415 5685 5968 6268 6582
40 5413 5684 5969 6268 6581
New 5548 5826 6118 6425 6746
41 5550 5825 6118 6425 6746
New 5689 5971 6271 6586 6915 Police Sergeant
42 5689 5973 6271 6584 6914
New 5831 6122 6428 6749 7087
43 5831 6123 6429 6750 7088
New 5977 6276 6590 6919 7265
44 5977 6275 6591 6922 7265
New 6126 6432 6756 7095 7447
EXHIBIT B
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES-POLICE
SWORN -12/26/08 INCREASE
3.5% 3.5% 3.5% 3.5% 3.5%
RANGE A B C D E
31 4444 4666 4902 5146 5404
New 4600 4829 5074 5326 5593 Police Officer
32 4557 4786 5023 5273 5537
New 4716 4954 5199 5458 5731
33 4668 4905 5148 5406 5675
New 4831 5077 5328 5595 5874
34 4789 5026 5276 5540 5818
New 4957 5202 5461 5734 6022
35 4908 5153 5409 5677 5963
New 5080 5333 5598 5876 6172 SR. Police Officer
36 5029 5279 5542 5823 6112
New 5205 5464 5736 6027 6326
37 5156 5413 5681 5966 6266
New 5336 5602 5880 6175 6485
38 5282 5547 5825 6114 6423
New 5467 5741 6029 6328 6648
39 5415 5685 5968 6268 6582
New 5605 5884 6177 6487 6812
40 5548 5826 6118 6425 6746
New 5742 6030 6332 6650 6982
41 5689 5971 6271 6586 6915
New 5888 6180 6490 6817 7157 Police Sergeant
42 5831 6122 6428 6749 7087
New 6035 6336 6653 6985 7335
43 5977 6276 6590 6919 7265
New 6186 6496 6821 7161 7519
44 6126 6432 6756 7095 7447
New 6340 6657 6992 7343 7708
EXHIBIT C
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES-POLICE
SWORN -12/25/09 INCREASE .
5.5% 5.5% 5.5% 5.5% 5.5%
RANGE A B C D E
31 4600 4829 5074 5326 5593
New 4853 5095 5353 5619 5901 Police Officer
32 4716 4954 5199 5458 5731
New 4975 5226 5485 5758 6046
33 4831 5077 5328 5595 5874
New 5097 5356 5621 5903 6197
34 4957 5202 5461 5734 6022
New 5230 5488 5761 6049 6353
35 5080 5333 5598 5876 6172
New 5359 5626 5906 6199 6511 SR. Police Officer
36 5205 5464 5736 6027 6326
New 5491 5765 6051 6358 6674
37 5336 5602 5880 6175 6485
New 5629 5910 6203 6515 6842
38 5467 5741 6029 6328 6648
New 5768 6057 6361 6676 7014
39 5605 5884 6177 6487 6812
New 5913 6208 6517 6844 7187
40 5742 6030 6332 6650 6982
New 6058 6362 6680 7016 7366
41 5888 6180 6490 6817 7157
New 6212 6520 6847 7192 7551 Police Sergeant
42 6035 6336 6653 6985 7335
New 6367 6684 7019 7369 7738
43 6186 6496 6821 7161 7519
New 6526 6853 7196 7555 7933
44 6340 6657 6992 7343 7708
New 6689 7023 7377 7747 8132
EXHIBIT D
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES-POLICE
NON-SWORN -6/27/08 INCREAS E
2.5% 2.5% 2.5% 2.5% 2.5%
RANGE A B C D E
20 3239 3401 3571 3751 3940
New 3320 3486 3660 3845 4039
21 3321 3487 3664 3845 4036
New 3404 3574 3756 3941 4137 Support Svc. Tech.
22 3405 3574 3754 3942 4138
New 3490 3663 3848 4041 4241
23 3490 3666 3847 4039 4242
New 3577 3758 3943 4140 4348
24 3579 3758 3945 4140 4349
New 3668 3852 4044 4244 4458
25 3668 3848 4040 4245 4456
New 3760 3944 4141 4351 4567
26 3759 3946 4141 4350 4569
New 3853 4045 4245 4459 4683
27 3853 4045 4248 4460 4684
New 3949 4146 4354 4572 4801
28 3948 4144 4352 4574 4800
New 4047 4248 4461 4688 4920
29 4049 4250 4463 4686 4919 Support Services Supv.
New 4150 4356 4575 4803 5042
30 4146 4354 4576 4803 5043
New 4250 4463 4690 4923 5169
31 4251 4464 4690 4925 5170
New 4357 4576 4807 5048 5299
32 4362 4579 4806 5046 5297
New 4471 4693 4926 5172 5429
33 4470 4693 4927 5174 5430
New 4582 4810 5050 5303 5566
EXHIBIT E
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES-POLICE
NON-SWORN -12/26/0 8 INCREASE
3.5% 3.5% 3.5% 3.5% 3.5%
RANGE A B C D E
20 3320 3486 3660 3845 4039
New 3436 3608 3788 3980 4180
21 3404 3574 3756 3941 4137
New 3523 3699 3887 4079 4282 Support Svc. Tech.
22 3490 3663 3848 404'1 4241
New 3612 3791 3983 4182 4389
23 3577 3758 3943 4140 4348
New 3702 3890 4081 4285 4500
24 3668 3852 4044 4244 4458
New 3796 3987 4186 4393 4614
25 3760 3944 4141 4351 4567
New 3892 4082 4286 4503 4727
26 3853 4045 4245 4459 4683
New 3988 4187 4394 4615 4847
27 3949 4146 4354 4572 4801
New 4087 4291 4506 4732 4969
28 4047 4248 4461 4688 4920
New 4189 4397 4617 4852 5092
29 4150 4356 4575 4803 5042 Support Services Supv.
New 4295 4508 4735 4971 5218
30 4250 4463 4690 4923 5169
New 4399 4619 4854 5095 5350
31 4357 4576 4807 5048 5299
New 4509 4736 4975 5225 5484
32 4471 4693 4926 5172 5429
New 4627 4857 5098 5353 5619
33 4582 4810 5050 5303 5566
New 4742 4978 5227 5489 5761
EXHIBIT F
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES-POLICE
NON-SWORN -12/25/09 INCREASE
6.5% 6.5% 6.5% 6.5°/a 6.5%
RANGE A B C D E
20 3436 3608 3788 3980 4180
New 3659 3843 4034 4239 4452
21 3523 3699 3887 4079 4282
New 3752 3939 4140 4344 4560 Support Svc. Tech.
22 3612 3791 3983 4182 4389
New 3847 4037 4242 4454 4674
23 3702 3890 4081 4285 4500
New 3943 4143 4346 4564 4793
24 3796 3987 4186 4393 4614
New 4043 4246 4458 4679 4914
25 3892 4082 4286 4503 4727
New 4145 4347 4565 4796 5034
26 3988 4187 4394 4615 4847
New 4247 4459 4680 4915 5162
27 4087 4291 4506 4732 4969
New 4353 4570 4799 5040 5292
28 4189 4397 4617 4852 5092
New 4461 4683 4917 5167 5423
29 4295 4508 4735 4971 5218 Support Services Supv.
New 4574 4801 5043 5294 5557
30 4399 4619 4854 5095 5350
New 4685 4919 5170 5426 5698
31 4509 4736 4975 5225 5484
New 4802 5044 5298 5565 5840
32 4627 4857 5098 5353 5619
New 4928 5173 5429 5701 5984
33 4742 4978 5227 5489 5761
New 5050 5302 5567 5846 6135
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4099 is a true, full, and correct ,copy of said Resolution passed and
adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 24~'
day of June 2008.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 25`h day of
June 2008.
~~~1~--
KELLY ET ORE, CITY CLERK