R 1963
I 17
RESOLUTION NO. 1963
RESOLUTION OF TIffi 01Y COUNCIL OF TIffi CITY OF ARROYO
GRANDE ADOPTING A MEMORANDUM OF UNDERSI'ANDING
WIlli TIffi ARROYO GRANDE POLICE OFFICERS ASSOOATION
WHICH CONTAINS A SALARY SCHEDULE, POSITION
CLASSIFICATIONS AND SALARY srEPS WITI-IIN lliE
RESPECTIVE RANGES OF TIffi SALARY SCHEDULE FOR 1986/87,
1987/88 AND 1988/89 AND REPEALING RESOLUTION 1776
TIffi CI1Y COUNCIL OF TIffi CI1Y OF ARROYO GRANDE DOES RESOLVE AS
FOLLOWS:
WHEREAS, this Council deems it to be in the best interests of the City of Arroyo Grande and
its various employees that minimum and maximum compensation be fixed for various classifications of
employment in the various departments of the City of Arroyo Grande as hereinafter provided.
NOW, TIffiREFORE, BE IT RESOLVED that a Memorandum of Understanding is agreed upon
with Arroyo Grande Police Officers Association and adopted for fiscal years 1986/87, 1987/88 and
1988/89. Team contained within such Memorandum of Understanding are effective July I, 1986.
BE IT FURTIffiR RESOLVED, this resolution shall supersede and repeal Resolution No. 1776
on July 1, 1986 and all other resolutions which are required by law to be addressed through the meet and
confer process which previously established salary schedules, position classifications and working
conditions.
BE IT FURTHER RESOLVED, that the minimun compensation as of date of employment and
the intermediate and maximum compensation for such employment shall be as hereinafter enumerated,
effective July 1, 1986 and that saU:! employees shall be assigned to salary steps within the respective
pay range of the position classification as set fotthin the attached Memorandum of Understanding, and,
further, that the Memorandun of Understanding attached hereto is made a part hereof by reference, all
of which arc hereby adopted.
On trotion of CounciJmember Gallaghet, seconded by Councilmember Jolmson, and on the
following roll call to wit:
AYES: Mayor Smith and CounciJmembers Gallagher, Johnson, Moots and Potter
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 27th day of May, 1986.
J}y~~
.
MAYOR
ATIESI': l1r1Mftj 0, ~
CI1Y CLE
I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify that the
foregoing Resolution No. 1963 is a true, full and correct copy of said
Resolution passed and adopted at a regular meeting of said Council on
the 27th day of May, 1986.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 28th day of May, 1986.
CITY 1]~ (l. ~
,
.' . . . .
1986/87, 1987/88 AND 1988/89
A.GJ'.O.A./CITY OF ARROYO GRANDE
MEMORANDUM OF UNDERSTANDING
TABLE OF CON1ENTS
ARTICLE SUB JECI' PAGH
R esolution 1
1 TeJmS of M.O.U.
2 Salary Schedules
3 Application of Salary Steps
4 Advancement In Pay 2
5 Medical1nsurance Premiums 3
6 Vacation Leave 3
7 Holiday Leave 4
8 Sick Leave 4
9 Bereavement Leave 4
10 Family Leave 4
11 Military Leave 5
12 Educational Pay 5
13 Medical Leave 5
14 Emergency Leave 6
15 Jury Duty 6
16 Hours of Work and Overtime 6
17 Call Back Pay 7
18 UnifoDn and Equipnent Allowance 7
19 Paychecks 7
20 Payroll Deductions 7
21 )uoniversary Dates 8
22 Use of Private VehidejMileage Rate 8
23 Personnd Files - 8
24 Probationary Period 8
25 Resignation 9
26 Transfers 9
27 Promotion 9
28 Temporary Promotions 10
29 Demotion 10
30 Layoff 10
31 Grievance Procedure 11
32 Management Rights 13
33 Physical Examinations 14
34 Education 14
35 Night Differential Pay 15
36 Standby Status 15
37 Association Activities 15
38 Association Access to Work Locations 15
39 Association Use of City Facilities 16
40 Association Meet and Confer Representation 16
41 No StrikefNo Lockout 16
42 Non-discrimination 17
43 Outside Employment 17
44 Retirement 17
45 Retirement Cost Sharing 17
46 M.O.U. Implementation 18
MEMORANDUM OF UNDERSI'ANDING BETWEEN THE
REPRESENTATIVES OF THE CITY OF ARROYO GRANDE AND
THE ARROYO GRANDE POLICE OFFICERS ASSOCATION
ARTICLE 1. TERMS OF MEMORANDUM OF UNDERSI'ANDING
'The tenn of the Memorandum of Understanding shall be from July 1, 1986, through June 30,
1989. Meeting and conferring or 1989/90 shall coamence no later than April 15, 1989.
ARTICLE 2. SALARY SCHEDULES
The City and the Association agree that all classifications represented by the Association
shall receive salaries as represented in Exhibit A, attached to this MoO.U.
SCHEDULE OF POLICE CLASSIFICATIONS AND SALARY RANGES
, . . . , - .' ,
CLASSIFICATIONS SALARY RANGE
Lieutenant 38
Police Sergeant H
Investigator 31
Police Officer II 30
Police Officer I' 27
Cerk Typist II' 14
Dispatcher 12
ARTICLE 3. APPLICATION OF SALARY S'IEPS
All employees entering the permanent, fuJI-time employ of the City shall be paid at the first
step of the salary range unless otherwise determined by the anef of Police and City Manager
established for bisjher 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 bis/her salary range in the following manner:
Non-swom Police employees may qualify for advancement to the second, or next step, after
completion of samanths service, upon the recomnendation of the Police anef and approval of the City
Manager. For swom police officers, a one year period of service is requited.
Employees may qualify for advancement to the third or next step, after the completion of
one year of service in bisjher second step upon recomnendation of the Police anef and approval by the
AGPOA MOU 1986/87-1988/89 1
City Manager.
Employees may qualify for advancement to the fourth, or next step, after the completion of
one year of service at his,lher third step, upon recorrmendation of the Police anef 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,lher third step, upon recorrmendation of the Police anef 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,lher fourth step upon recomnmdation of the Police chief and approval by the City
Manager.
A penoaoance report on each eJq,1loyee rec()ll'f1)~nded for advancement shall be submitted
to the City Manager by the Police QUef prior to final action on such recomnendation.
ARTICLE .. 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 min1rtnm 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 six (6) or twdve (12) (depending upon swom status) fuU 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 anef 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) fuJl additional year from granting of previous step increase, only if
granted by the Police anef 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) fuJl additional year by the Police anef and with the approval of the City Manager.
E. The fifth step shall be granted to an employee who has given satisfactory service for
one (1) fuJl additional year by the Police QUef and with the approval of the City Manager.
AGPOA MOV 1986/87-1988/89 2
An. employee must always continue to maintain an acceptable level of performance and shall
be evaluated by the Police OUef ,nn\la1Jy.
ARTICLE 5. MEDICAL INSURANCE PREMIUMS
The City shall pay the monthly medical plan premium costa for each employee electing to
participate in the medical plan's coverage. The City shall pay up to '75 monthly of the medical plan
pranUm costa for ~yee dependent coverage when such dependenta are eligible and elect such
coverage.
ARTICLE 6. VACATION LEA VB
A. The purpose of annual vacation leave is to enable each eligible employee to annually
return to bisjher work mentally and physically refreshed. EmpJoyees shall take a minionn of ten (10)
vacation days' leave per year after the first year of service.
B. Each eligible employee shall be required to have served the equivalent of one 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, she/he may, after six continuous months of service, take
vacation leave not to exceed five (5) working days with his/her supervisor's approval.
C. EmpJoyees who terminate employment shall be pakl at termination and upon return of all
City-owned property, if any, a b.mp S\m 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:
I yr. 10 days 6.67 ms. per mo.
2 12 8.00
3 13 8.67
... 14 9.34
5 15 10.00
6 15 10.00
7 16 10.67
8 16 10.67
9 17 11.34
10 17 11.34
11 18 12.00
12 18 12.00
13 19 12.67
14 19 12.67
15 20 13.34
E. Employees may accrue vacation leave up to the mnionn hours listed below dependent
AGPOA MOU 1986/87-1988/89 3
upon years of service as a regular full-time empJoyee:
Years of Service M:nrinnn Vacation Hours Which
On I anuary 1st Can be Accrued on I anuary 1st
1 - 5 80
5+ - 10 120
10+ - 15 160
15+ 200
F. In the event an eoPoyee's accrued vacation leave exceeds the mn1mum allowable in
Paragraph E, the empJoyee shall be paid at bisjher I anuary 1st hourly wage rate for those hours accrued
in escess of the mn1mum allowable. Exception to this paragraph may be approved by the Police QUef
and City Manager upon empJoyee request.
ARTICLE 7. HOLIDAY LEA VB
A. Employees will be provided one day's pay per month in lieu of holiday leave or shall be
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granted one day per calendar month for a holiday. Such monthly holiday shall be designated on the
aqUoyee's work schedule.
B. Employees shall also receive an additional one and one-half (1-1/2) days leave per
year which may be granted as time off or as straight-time pay during December.
ARTICLE 8. SICK LEAVE
All full-time, peananent employees shall accrue one (1) working day of sick leave with pay
for each month of service with unlimi.ted acCU&D.Jlation. Upon retirement, an employee may choose to
be paid for 50% of \DlUSed sick leave to a mnimum of 360 hours at bis/her current rate of pay. On
December 1st of each year an employee has the option of being paid straight time for 25% of bisjher
unused sick leave for the preceding twdve months, transferring the 25% credit to vacation or leaving
the 25% credit in sick leave.
ARTICLE 9. BEREAVEMENT LEA VB
A three (3) day leave with pay shall be available to employees who suffer the death of a
r~rive (defined as : spouse, parent, child, sister, brother, grandparent or grandcbild, and the
corresponding r~rive by marriage) for the pupose of attending the funeral and making other
arrangements at the time the loss occurs. 'This leave is not chargeable against accrued sick leave.
ARTICLE 10. FAMILY LEA VB
AGPOA MOU 1986/87-1988/89 4
An c:mp1oyee may take sick leave if required to be away from the job, to personally care for
a member of hisjher :iomediate family as defined in Article 9, Bereavement Leave, subject to approval of
the iomediate supervisor and the department head's verification of need.
ARTICLE 11. MILITARY LEA VB
Fmployees taking military leave with the National Guard or Reserves shall be entided to
fun City pay and benefits as required by State statute.
All Military Leave in excess of thirty (30) days per year, if granted by the City, shall be
without City payor Gty-paid benefits, and for a period not to exceed forty-eight (48) working days per
calendar year. 'The ~yer may retain hisjher Gty benefits, such as medical insurance, by paying all
premiums. 'The Gty may dect to replace the employee in hisJher position in the event employee takes
IIIOre than forty-eight (48) working days per calendar year.
ARTICLE 12. EDUCA110NAL PAY
A. Swom officers may qualify for a two and one-haH percent (2-1/2%) salary increase
above their position classified range upon receipt of an Associated Arts Degree in a fidd relative to
their police job r1assification, from an accredited Junior College or College or inteanediate P.O"s.T.
degree, upon approval of the Police onef and Gty Manager.
B. Swom officers may qualify for a five percent (5%) salary increase above their position
classified range upon receipt of a Bachelor of Arts/Science Degree in a fidd relative to their police job
('1assification, from an accredited College or advanced P.O"S.T. Degree upon approval of the Police
QU.ef and Gty Manager.
e. 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.AJB"S. Degrees will be requested by the City for current positions represented
by A.GJ'.O.A. unless otherwise agreed through the meet and confer process.
ARTICLE 13. MEDICAL LEA VB.
Medical leave without pay may be granted for the putpoSe of recovery from prolonged illness
AGPOA MOlJ 1986/87-1988/89 5
or injury or to restore health or for pregnancy, upon employee's written request to the Police anef and
City Manager, subject to subnission 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 anef and aty Manager, demonstrates that the leave is necessary for personal
reasons beyond hisjher control or will serve to ilq>rove hisjher ability as an employee of the aty.
Emergency leaves may be granted up to a mnimnm of one (1) year. Upon expiration of an approved
Emergency Leave, the employee shall be reinstated in the position held at the rime leave was granted.
Failure on the part of the employee on leave to report prompdy upon leave expiration shall be cause for
discharge.
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 aty any and all jury fees for such jury duty. It is understood that
the employee may retain any travd pay granted by the court. The employee shall be responsible for
notifying hisjher supervisor as soon as possible upon receiving notice to appear for jury duty, make
every reasonable effort to keep hisjher supervisor advised as to the anticipated length of service, and
return to work inmediatdy following the end of jury duty service.
ARTICLE 16. HOURS OF WORK AND OVERTIME
The normal working schedule for full-time employees shan be eight (8) hours per day or forty
(40) hours per week. All authorized rime worked in e%cess of forty (40) burs per week shall be
coq>>ensated for at the rate of one and one-half (1-1/2) times the employee's regular base hourly rate
-
of pay. Tune worked, for computation of overtime, shall include holidays, sick leave, bereavement
leave and paid vacation and compensatory time off for purposes of this paragraph, and shall be
calculated at a ma~mnm of eight (8) hours per day. Overtime shall be computed at the nearest quarter
(1/4) hour. At the request of any employee eligible for overtime pay, his/her supervisor will provide
AGPOA MOU 1986/87-1988/89 6
. .
that, in lieu of cash pa}'IDeDt for any overtime, he/she may have the choice of time off with pay at the
rate of one and one-half (l-1/2) hours for each hour of overtime worked. Compensatory time off shall
be taken at the option of the employee with the consent of the iomediate supervisor and Police CUef.
ARTICLE 17. CALL BACK PAY
Call back is defined as that cUC\lDStance which requires an eqioyee to unexpectedly retum
to work after the employee has left work at the end of the employee's work day or work week. An
employee called in eady to start his/her work shift without prior reasonable notice will also receive time
and one-half (1-1/2) overtime pay for all extra hours worked, with a mimnun call out of two (2) hours.
ARTICLE 18. UNIFORM AND EQUIPMENT ALLOWANCE
The City shall provide cash allowances of _555 ,nm1ally to the employees required by the
Police QU.ef to wear a unifoun selected by the City. One-half of such allowance shall be paid in July of
each year for the period July through December of the same calendar year. The r"""~1ning half of such
allowance shall be provided by the City during January for the period January through June of the same
calendar year.
Such allowances shall be used by the employee to initially purchase, replace, maintain, repair,
clean all designated unifODD garments, hats, caps, shoes, leatherwear, omamentation and inclement
weather clothing.
Upon determination by the Police aief, any employee required to unifoun for the first time
during the teDD of this Memorandum. of Understanding may be advanced up to one year's allowance to
initially purchase required unifODD items and unifoun incidentals.
ARTICLE 19. PAYCHECKS
The City will pay regular checks on a hi-weekly basis.
ARTICLE 20. PAYROLL DEDUCI'IONS
Requests for changes in and cancellations of Association dues shall be prompdy 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
AGPOA MOU 1986/87-1988/89 7
,
shall be made on City-approved authorization cards.
The Association agrees to indemnify and bold the City harmless from any liabilities which may
arise as a result of the application of this Article.
ARTICLE 21. ANNIVERSARY DA1ES
All current employee anniversary dates shall be as contained in the current City records. All
employees hired after this date shall have an anniversary date the same as date of hire.
ARTICLE 22. USE OF PRIVA1E VEmCLEjMILEAGE RA1E
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 withhisjher City employment. The City shall
reimburse employees at a rate of 25 (twenty-five) cents per mile 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 23. PERSONNEL FILES
An eoP.oyee or his designee may inspect hisjher personnel file and obtain copies of any and all
itmes in that file at employee ezpense. A copy of all materia1s placed in an employee's personnd file
shall be provided to the employee upon the employee's request. The employee may have placed in
his/her personnd file any signed and dated statement of clarification or disagreement to any item or
article contained within hisjher personnd file.
ARTICLE 24. PROBATIONARY PERIOD
All appointments shall be tentative and subject to a probationary period of sa (6) months for
non-swom employees and twdve (12) months for swom employees. The Police anef, with consent of
the City Manager, may e:rtend the probationary period for specified cause (s) which shall be provided in
writing to the employee.
The probationary period shall be regarded as a part of a continuing testing process and shall
be utilized for closdy observing the employee's work, for securing the most effective adjustment of a
new eq>>loyee to his or her position and for rejecting any pmbatinary employee whose performance does
AGPOA MOU 1986/87-1988/89 8
- .
not meet the required standards of work. The Police OUef, with the consent of the City Manager, may
rdease the probationary employee from City emplo~t without cause at any time during the
probationary period.
ARTICLE 25. RESIGNATION
An eq>loyee Whing to leave hiajher employment with the City in good standing shall file with
hisjher supervisor a written resignation stating the effective date of hisjher resignation and the reason
for leaving.
The resigning individual shall file such written resignation at least two (2) weeks in advance of
the effective teanination date and participate in an ent interview conducted by the City prior to
issuance of the final pay check.
ARTICLE 26. TRANSFERS
Transfer of an employee to a position within the employee's current range shall not affect the
employee's salary rate. 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 27. PROMOTION
. .. . .
Transfer of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed in the identical step in the higher range which the employee enjoyed in
the class from which the employee was promoted. Promotion of an employee may be made by the Police
O1ief 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 of all non-employees. All
current employees shall be given consideration for a position opening which will be filled by promotion.
An employee promoted to a new position shall serve a six-month probationary period in that position.
The Police O1id, with consent of the City Manager, may eztend the probationary period for specified
cause(s) which shall be provided the employee in writing. In the event the promoted party is removed
during the probationary period from the position to which promoted, the employee shall DOt be
considered demoted, but shall be retumed to the range from which promoted. No changes in step shall
AGPOA MOU 1986/87-1988/89 9
occur as a result of an employee passing the promoted position probationary period. A promoted
employee shall retain his or her anniversary date he1d prior to promotion.
ARTICLE 28. TEMPORARY PROMOTIONS
The Police and may temporarily promote an employee only after entering into a written
agreement of the terms of such temporary promotion with the employee.
ARTICLE 29. 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 which the employee enjoyed in the class
from which demotion was made.
Demotion can be made for cause which shall be provided the employee, in writing, by the Police
O1i.ef prior to any action taking place. Demotion for discipl1nary reasons may be appealed through the
grievance procedure by the demoted employee. Demotion for other reasons is not appealable.
ARTICLE 30. LAYOFF
.. .
Whenever, in the judgement of the City, it becomes necessary to make a reduction in force,
whenever possible, said reduction shall be acc~I;shed through attrition.
Workers subject to a reduction in force shall be given at least thirty (30) working days' notice
prior to the effective date of the layoff. The Association shall receive concurrent notice, and may be
granted an opporumity to meet and consult with the City to discuss proposed altematives to a reduction
in force.
When one or more workers pedoD:Ding in the same class in the Police Department are to face a
reduction in force, the Police onef and an A.G l' .O.A. representative shall confer on the basis on which
personnd shall be sdected 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) toonths of layoff, said former employee shall be
recalled. If the job in a lower ('lassification 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.
AGPOA MOU 1986/87-1988/89 10
.
ARTICLE 31. GRIEVANCE PROCEDURE
Purpose:
.
A. this grievance. procedure shall be the exclusive process to resolve grievances as
the tenD is defined herein below.
B. 11:le purposes of this procedute are:
1. To resolve grievances infonna1ly at the lowest level.
2. To provide an orderly procedure for reviewing and resolving grievances
pranpdy.
Definitions:
A. Grievance means a comp1aint 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 camplaint has not been resolved satisfactorily in an informal manner between the
employee and bisJher imnediate supervisor.
B. As used in this procedute, the tenD "imnediate supervisor" means the individual so
designated by the Police anef who assigns, reviews and directs the work of an employee.
Tae Limits:
Each party involved in a grievance shall act quickly so that the grievance may be
resolved promptly. Every effort should be made to camplete action within the time limits contained in
the grievance procedute, but with the written consent of all parties, the time limitation for any step may
be extended.
B. As used in this procedure, the tenD "imnediate supervisor" means the individual so
designated by the Police anef who assigns, reviews and directs the work of an employee.
T'ae I..imi.ts:
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
AGPOA MOU 1986/87-1988/89 11
~ . .'
be extended.
Step 1
The grievance initially shall be personally c:liscussed between the employee and hisjher
inmediate supervisor. Within seven (7) days, the inmediate supervisor shall give hisjher 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:
1. 1birty (30) days after the event of ciralDStances occasioning the grievance;
or
2. Within seven (7) calendar days of the Step 1 decision rendered in the informal
grievance procedure, whichever is latter.
B. However, if the Step 1 infoanal grievance procedure is not initiated within the
period specified in sub-section (1) above, the period in which to bring the grievance shall not be
extended by sub-section (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 hisjher choice.
D. The grievant shall cite the specific provision(s) of the then currendy effective
Memorandun of Understanding, ordinance, resolution or written rule claimed to have been violated, set
forth the facts that purportedly constitute such violation, and the specific remedy sought.
E. Within seven (7) days after the initiation of the Step 2 grievance, the first level of
appeal person shall investigate the grievance, and give hisjher 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 seven (7) days to the Police OUef or hisjher designated
AGPOA MC>U 1986/87-1988/89 12
representative. The employee may be represented by a representative of his/her choice.
B. The Police Olief or his designated representative shall respond in writing within
seven (7) days to the grievant. If the Police anef or his/her designated representative determines it
is desirable. he/she shall hold conference(s) or otherwise investigate the matter.
Step 4.
A. If the grievant is not satisfied with the decision rendered pursuant to Step 3.
he/she may appeal the decision within seven (7) days to the City Manager. The employee may be
represented by a represenative of his/her choice.
B. The determination of the City Manager shall be the final and binding step of the
grievance procedure.
ARTICLE 32. MANAGEMENT RIGHfS
. .
The City retains aU its exclusive rights and authority under State law and City ordinances. and
expressly and exclusively retains its management right. which include. but are not limited to:
--the exclusive right to determine the mission of its constituent departments. coomissions.
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 eo:Poyees from duty because of lack of work
or other lawful reasons;
--maintain the efficiency of govemnental operations;
--determine the methods. means and mmbers and kinds of persons by which govemnent
operations are to be conducted;
--determine methods of financing;
--determine style and/or types of City-issued equipDent to be used;
--determine and/or change the facilities. methods. technology. means organizational
AGPOA MOU 1986/87-1988/89 13
strucnue and C'nI11J?Osition of the work force and allocate and assign work by which the City operations
are to be conducted;
--determine and change the number of Jocations, 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;
--to assign work to and schedule empJoyees 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 pedoDDance programs and standards;
--discharge, suspend, demote, reprimand, witbhold salary increases and benefits, or otherwise
discipline empJoyees 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, acbinister, and manage its municipal services and
work force pedorming those services in all respects, subject to this Memorand\D1 of Understanding;
provided, however, that the exercise of such rights does not preclude empJoyees or their
representatives from conferring or raising grievance about the practical consequences that decisions
on these matters may have on wages, hours and other teDIIS and conditions of employment.
33. PHYSICAL EXAMINATIONS
Sworn officers may dect to have a physical exAmination by a physician agreeable to both
parties. Examination costs and results will be shared equally between the empJoyee and City.
Eligibility frequency shall be based on officer's age:
OFFICER AGE FREQUENCY OF CI1Y-SHARED EXAMINATION
..- . . - . . . .
20-30 years 1 exam every 36 months ~nnlJm
31-39 years 1 exam every 30 months mnttmm
40+ years 1 exam every 24 months mnin..n
ARTIa.E 34. EDUCATION
The City shall pay tuition and book fees for all classes leading to an Associate of Science
AGPOA MOU 1986/87-1988/89 14
. .
.
Degree in a job-related field at a local junior college for swom officer.. Payments must be approved
by the Police O1ief in advance.
ARTICLE 35. NIGHT DIFFERENTIAL PAY
The City shall pay '.10 (10 cents) per how: additional wages for the graveyard shift.
The City shall pay '.20 (20 cents) per how: additional wages for the 11:00 PM to 7:00 AM
shift.
ARTICLE 36. STANDBY STA1US
Police officers and dispatchers will. be granted two (2) hours stand-by for court regardless of
the time period and require the prior approval of the Odef of Police. Additionally. police officers and
dispatchers are granted a three (3) how: stand-by for each 2+-how: period when placed on emergency
stand-by and would again require prior approval of the Odef of Police. Fow: (4) how: miniuun for
moming appearance and eight (8) how: mini.rnn for fu]J. day appearance shall be paid by City.
ARTICLE 37. ASSOCIATION ACI1VITIES
. ." . - -' . . -'
A. The Association shall provide the Police O1ief and City Manager with a list of all
authorized A.GJ' .O.A. representatives and the list shall be kept current.
B. An eqdoyee and/or hisjher A.GJ' .O.A. representative may. when, and to the
eztent 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 M.O.U.. upon notification and
approval of the iDmediate supervisor or his/her designee.
C. The Police Odef and City Manager will. approve one enployee. and/or A.G~.O.A.
representative to take official City time to investigate and process a grievance. when, and to the
eztent necessary. and only if it will. in no event adversdy affect the operational, security or safety
requirements of the City. It is understood that the employee. and/or A.GJ'.O.A. representative. shall
. .
make every reasonable effort to pedoDD any of the above activities on off-duty time.
ARTICLE 38. ASSOCIATION ACCESS TO WORK LOCATIONS
.' - . .-. . .-' .
The City agrees that the authorized A.GJ'.O.A. representative shall be granted access to
. -
AGPOA MOU 1986/87-1988/89 15
,
work Iocation(s) to participate in investigation and processing of grievances per the grievance
procedure of this M.O.U., or to observe working conditions upon approval of the Police aief and City
Manager when and to the extent necessary.
B. The Association shall provide the Police aud and City Manager with a list of all
authorized A.G2.O.A. representatives and the list shall be kept current by the Association.
C. Upon notification and approval of the City Manager of his,lher designee, an
authorized A.G2.O.A. staff member is permitted to Cnrnnnn1cate with empJoyee(s), and/or A.G2.O.A.
representatives on official city time without said ~yee(s)', and/or A.G2.O.A. representatives' ,loss
.
of c<XIlpensation. 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 perfoDll the above
activities on off-duty time.
ARTICLE 39. ASSOCIATION USE OF CITY FACILITIES
. ,'. . . . - .... .- - -' . ,_.
A. The Association may, with prior approval of the City Manager, be granted the use
of City facilities ftommeetings of Association members, provided space is available. No use fee will be
charged.
B. The City agrees to fumiah bulletin board space of reasonable size for posting of
A.G2.O.A. materials.
ARTICLE 40. ASSOCIATION MEET AND OONFER REPRESENTATION
. ~,.. _ A . . . . . .-. .
lhree (3) A.G2.O.A. representatives shall constitute the tnJY1mnm mmber 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 payor any benefits.
ARTICLE 41. NO 5fRIKE/NO LOCKOur
The Association agrees that during the teDll of this Memorandum of Understanding, neither
the Association or the empJoyees it represents will engage in, encourage, sanction, support or suggest
any strikes. The ~yer agrees that it will not lockout any of its ~yees during the teDll of this
AGPOA MOU 1986/87-1988/89 16
Memorandum of Understanding.
ARTICLE 42. NON-DISCRIMINATION
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 poIitic~ religious, union or non-union
affiliation of belief, race, color, age, sex, national origin, handicap, marital or military status, or sema!
preference, nor shall any members of the Association discriminate against any employee or official of
the City based upon the foregoing reasons.
ARTICLE 43. OlTrSIDE EMPLOYMENT
No full time anpIoyee shall engage in outside employment or an enterprise that the Police
anef may find unsuitable and in conflict with municipal duties or responsibilities, or which lessens their
effectiveness as a City employee.
ARTICLE ..... RETIREMENT
The City is a contracting agency with the Public Employees' Retirement System of the State of
..
Califomia, to which the City and the employee both contribute. This is carried on in conjunction with
Social Security. Participation is mandatory for all full-time City anpIoyee(s). Retirement at age 70
is required of all anpIoyees.
ARTICLE 45. mREE YEAR BENEFIT PROGRAM
. "
In lieu of all other econooic and non-econooic matter not specified in this Memorandwn of
Understanding, the City shall provide the benefiu to employees as follows:
A. Conwnt-"cing July 1, 1986, the City shall pay on behalf of each employee an amount equal
to five percent (5%) of that employee's wages currendy paid by the employee to his/her PeE.R.s.
retirement program.
B. Comnencing July 1, 1987, the City shall pay on behalf of each anpIoyee an amount equal
to two percent (2%) of that employee's wages currendy paid by the employee to his/her PeE.R.s.
AGPOA MOU 1986/87-1988/89 17
,
retirement program. In addition, the City shall increase an employee wages, as represented on Exhibit
A, by two and one-half percent (2 1/2%).
C. Coomencing July 1, 1988, the City shall convert the cw:rent peace officer's P .E.R.8. "2%
at 55% retirement program to the peace officer's P.E.R.s. "2% at 50" retirement program. Such
retirement program conversion is cuaendy recognized to increase peace officer employee and
empJoyer contributions; however, such contributions and cost increase shall DOt be known \Dltil after
January, 1988.
The increased employee's contribution share resulting from conversion to the "2% at 50"
program shall be paid by the employee. The increased empJoyer's contribution share resulting from
conversion to the "2% at 50" program shall be paid by the City, except that an required employer's
contributions exceeding seven percent (7%) of gross wages for any and each employee shall be paid by
the employee.
D. Cnrmw-l1cing July 1, 1988, the City shall increase an non-peace officer wages by five
percent (5%) in lieu of benefits DOt accorded in Paragraph D above.
ARTICLE 46. M.O.U. IMPLEMENTATION
- . -. .
Both parties agree that the terms of this Memorand\Dl of Understanding supercede provWons
of an other practices, Memorandum of Understanding, resolutions and rules of the City which conflict
with provisions of this Agreement.
Exhibit A is attached and incorporated as part of this MeO.U.
r ~ -42. ~
CITY NAGER PRESIDENT
REPRESENTATIVE OF THE CIlY OF REPRESENTATIVE OF ARROYO GRANDE
THE 'CITY OF- ARROYO GRANDE' . POLICE OFFICERS ASSOCIATION
. . . . . . - .. " . . . --.
f~~&', /14 5- /5-~~
Date Date
AGPOA MOU 1986/87-1988/89 18
. .
tXH\ &\T A CITY OF ARROYO GRANDE
, . 5/06/86 SCHEDULE OF SALARY RANGES PAGE ,
LJ
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E'X14J eJT A
CITY OF ARROYO GRANDE
.J 5/06/86 SCHEDULE OF SALARY RANGES PAGE %J
RANGE ....A B C. D E
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-,
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