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R 3777 RESOLUTION NO. 3777 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING A MEMORANDUM OF UNDERSTANDING FOR EMPLOYEES REPRESENTED BY THE ARROYO GRANDE POLICE OFFICERS' ASSOCIATION WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande and its employees represented by the Arroyo Grande Police Officers' Association that compensation and benefits 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 the Memorandum of Understanding between the City of Arroyo Grande and the Arroyo Grande Police Officers' Association, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo Grande to change the name of the "Community Services Officer" position to "Community Services Coordinator". NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo Grande that this Resolution shall become effective as of July 1, 2004. BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of Resolution No. 3613 which established salary and benefits for full-time employees represented by the Arroyo Grande Police Officers' Association. BE IT FURTHER RESOLVED that the "Community Services Officer" position be ren~med the "Community Services Coordinator". On motion of Council Member Costello, seconded by Council Member Lubin, and on the following roll.call vote, to wit: AYES: Council Members Costello, Lubin, Runels, Dickens and Mayor Ferrara NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 14th day of September, 2004. --_. -~ -.._" -.._~.._- RESOLUTION NO. 3777 PAGE 2 ~~ ATTEST: ~t1/ j;1JIp tf/UQ/lfL- KELLY WETjVlORE, DIRECTOR OF ADMINISTRATIVE SERVICES DEPUTY CITY CLERK APPROVED AS TO CONTENT: S~~i.CITY MANAGER . APPROVED AS TO FORM: ~~ / Q - TIM( THY J. CMMEL, CITY ATTORNEY --- ~---"- ----~,--- ...- - RESOLUTION NO. 3777 OFFICIAL CERTIFICATION I, KELLY WETMORE, Director of Administrative Services/Deputy City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury, that Resolution No. 3777 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 14th day of September, 2004. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 1 ih day of September, 2004. .~ ,1 1 / ". /' . 1 ,/ ,I .' 11 ,", ;; J if/(, /1 p/ (/{'/>/'( ~ -......; .' ,-' .... .. r ',/.......r F,. / I.. .-t./ -' KELL Y W~TMdRE, DIRECTOR OF ADMINISTRATIVE SERVICESI DEPUTY CITY CLERK --- --,-----,,,--~ EXHIBIT "Au . .~. '-1"" ~~ . ~;". l r~CALlFOR~.I --~~ .,.f.- 2004/2005 .. 2005/2006 (Two Years) MEMORANDUM OF UNDERSTANDING Between ARROYO GRANDE POLICE OFFICERS' ASSOCIATION And CITY OF ARROYO GRANDE ~..._-- ---~---'-"''''-''_.''''''- 2004/2005 . 2005/2006 AGPOA / CITY OF ARROYO GRANDE MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE 1: TERM OF MEMORANDUM ............................................................1 ARTICLE 2: SALARY SCHEDU LES ....................................................... ............1 ARTICLE 3: APPLICATION OF SALARY STEPS ..............................................2 ARTICLE 4: ADVANCEMENT IN PAY ................................................................2 ARTICLE 5: SPECIALTY PAY ......................~.....................................................3 ARTICLE 6: MEDICAL INSURANCE PREMIUMS ................. ................ ............. 4 ARTICLE 7: V ACA TION LEA VE ..........................................................................5 ARTICLE 8: HOLJDA Y LEAVE................ .........." ..................""" ..... .....""""" .............. 7 ARTICLE 9: SICK LEA VE ........................................................... .... .... ................8 ARTICLE 10: BEREAVEMENT LEAVE ..................................."" ................ ...........8 ARTICLE 11 : F AMIL Y LEA VE ..............................................................................8 ARTICLE 12: MILITARY LEAVE .............................................. ............................. 9 ARTICLE 13: EDUCATIONAL LEAVE ..................................... ........ .....................9 ARTICLE 14: MEDICAL LEA VE .........................................................................10 ARTICLE 15: EMERGENCY LEA VE ..................................................................10 ARTICLE 16: JURY DUTY ............................................"......... ............... ..............10 ARTICLE 17: HOURS OF WORK AND OVERTIME........................................... 10 ARTICLE 18: CALLBACK PAY ................................................... ......... .......:......~ 11 ARTICLE 19: UNIFORM AND EQUIPMENT ALLOWANCE ...............................11 --------~.- ,.-..- MEMORANDUM OF UNDE~ST ANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE TABLE OF CONTENTS (continued) ARTICLE 20: PAYCHECKS ................................................ ........ ........................12 ARTICLE 21: PAYROLL DEDUCTIONS .............................................................12 ARTICLE 22: ANNIVERSARY DATES......................................... ............ ...... .....12 ARTICLE 23: USE OF PRIVATE VEHICLE/MilEAGE RATE ............................13 ARTICLE 24: PERSONNEL FILES ........................................... ........... ............... 13 ARTICLE 25: PROBATIONARY PERIOD ...........................................................13 ARTICLE 26: RESIGNA TION .."................................................... ........... ............. 13 ARTICLE 27: TRAN S FERS ................ ................ .............. ill.....................:....... ..... 14 ARTICLE 28: PROMOTION ...................................................... ......... .................14 ARTICLE 29: TEMPORARY POSITIONS ...........................................................14 ARTICLE 30: DEMOTION .................................... ...................... ........ ... ...~.......... 14 ARTICLE 31: LAYOFF ........... ......... .......... ................................................ .... ...... 15 ARTICLE 32: GRIEVANCE, PROCEDURE .........................................................15 . ARTICLE 33: MANAGEMENT RIGHTS .............................................~................18 ARTICLE 34: EDU CA TI ON ......... ..... ....... ... ... .......... ............. ...-.... ........... ............. 19 ARTICLE 35: NIGHT DIFFERENTIAL PAY ........................................................19 ARTICLE 36: 51 ANDBY 51 A TUS ...................................................................;..19 ARTICLE 37: ASSOCIATION ACTIVITIES ............................. ............... ............. 20 ARTICLE 38: ASSOCIATION ACCESS TO WORK LOCATIONS ...................... 20 _~_..._m MEMORANDUM OF UNDERSTANDING -2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE TABLE OF CONTENTS (continued) ARTICLE 39: ASSOCIATION USE OF CITY FACILlTIES..................................21 ARTICLE 40: ASSOCIATION MEET AND CONFER REPRESENTATION ........21 ARTICLE 41: NO STRIKE/NO LOCKOUT ..........................................................21 ARTICLE 42: NONDISCRIMINATION ............ ........... ................... .......................21 ARTICLE 43: RETI REM ENT .....".. ...".."..".."".."""....".."......"..".. ....." ......"..""..".."""""""""""".. ....."" 21 ARTICLE 44: RETIREMENT BENEFITS ................................. ....... .... ... .............22 ARTICLE 45: DENTAL PLAN ..........~............... ............................. ............ ............ 22 ARTICLE 46: LIFE IN SURANCE ................. ............. .................... ....." ................" 23 ARTICLE 47: VI S ION PLAN".."" ...".. .... ......."""".."..""""..""""..".. .....".."""".."""...."""" ....""""..".." 23 ARTICLE 48: DISABILITY INSURANCE .... ......... ................~............ .... .............. 23 ARTICLE 49: MOU IMPLEMENTATION .................~.............................. .............23 ARTICLE 50: REOPENING OF NEGOTIATIONS ........................,....................... 24 ARTICLE 51 MAINTENANCE OF BENEFITS.............................. ......... .....24 ---- -----_..- 2004/2005 - 2005/2006 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 Except as provided below. the term of the Memorandum of UnderstandinQ shall be from July 1. 2004. through June 30. 2006 (two years). Meet and confer sessions for Fiscal Year 2006/2007 shall commence no later than March 15. 2006. A. This Memorandum' of Understanding (MOU) is continQent upon the passaQe of either proposition 1A or Proposition 65 in the November. 2004 Qeneral election. Should neither proposition be ratified. this MOU shall only be effective for fiscal year 2004/2005 and only those provisions effective in that fiscal year will be implemented unless otherwise specified. Should such occur. Meet and Confer sessions for Fiscal Year 2005/2006 shall commence no later than March 15. 2005. ARTICLE 2. SALARY SCHEDULES CLASSIFICATION SALARY RANGE Police Sergeant 41 Senior Police Officer 35 Police Officer 31 Support Services Supervisor 29 Community Services Coordinator 25 Support Services Technician 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 07/01/04 3.0% (Exhibit A) .01/01/05 2.0% (Exhibit B) .07/01/05 3.0% (Exhibit C) .01/01/06 2.0% (Exhibit D) Non-Sworn 07/01/04 3.0% (Exhibit E) ~ .01/01/05 2.0% (Exhibit F) .07/01/05 3.0%' , (Exhibit G) .01/01/06 2.0% (Exhibit H) · The increases for 01/01105.07/01/05. and 01/01/06 are continQent upon either Proposition 1A or Proposition 65 passinQ in the November. 2004 Qeneral election. --~--,-_..,,_.,- MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 2 ARTICLE 3. APPLICATION OF SALARY STEPS All employees entering the permanent, full-time employ of the City shall be paid at the first step of the salary range, unless otherwise determined by the Police Chief and City Manager, established for his/her position classification. Salary step increases, as provided herein, are not automatic but are based on performance and merit. Employees shall be placed on the step designated by the City Manager for initial full-time permanent employment and qualify. for increase in compensation or advancement to the next higher step of his/her salary range in the following manner: Police employees may qualify for advancement to the second or next step, after completion of 12 months service, upon the recommendation of the Police Chief and approval of the City Manager. Employees may qualify for advancement to the third or next step, after the completion of one year of service at his/her third step, upon recommendation of the Police Chief and approval by the City Manager. Employees may qualify for 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. S. 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. -,...,-----,_.~...._,- ~..~......_..- MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 3 ARTICLE 4. ADVANCEMENT IN PAY (continued) C. The third step shall be granted to an employee who has given satisfactory service in a given classification for one (1) full additional year from granting of previous step increase only if granted by the Police Chief and subject to the approval of the City Manager. D. The fourth step shall be granted to an employee who has given satisfactory service for one (1) full additional year by the Police Chief and subject to the approval of the City Manager. E. The fifth step shall be granted to an employee who has given satisfactory service for one (1) full additional year by the Police Chief and subject to the approval of the City Manager. An employee must always continue to maintain an acceptable level of performance and shall be evaluated by the Police Chief annually. ARTICLE 5. 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 Proqram)." 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 assiQned to motor service shall receive an additional , ~150 per month while assianed to the Traffic Enforcement Motorcvcle Proaram. MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 4 ARTICLE 5. SPECIALTY PAY (continued) E. Bilinqual Pay. An employee who is functional in Spanish, other lanQuaqe. or American Siqn Lanquaqe (ASL), the use of which has been determined bv the Chief of Police. with the concurrence of the City Manaqer, to be of benefit to the City shall be paid $50.00 per month. The emplovee must be able to verbally communicate basic information relevant to the routine tasks for their classification. An emplovee who is fluent and can conduct detailed interviews and interrogation. effective Iv and accuratelv record statements, and translate spoken and written communications effectivelv shall be paid $100.00 per month. Fluencv shall be certified bva test administered throuah the City Manaqer's Office. An emplovee shall reauest bilinqual pavon a form approved bv the City Manaqer. The Chief of Police, with the approval of the City Manaqer, shall determine which emplovees. what mix of lanquaqes. and which iob functions may be eliqible for bilinqual pay based upon accessibilitv of the employee to the public, or other factors that could affect the use of these skills for public benefit. Nothinq in this section shall preclude the use bvan emplovee of foreian lanquaqe skills in the work place for the public benefit even if the emplovee is not receivinq bilinqual pay. F. In addition to the base rate of pay determined bv this MOU, a Support Services Technician who is reqularlv assiqned the responsibilitv of processinq crime reports and the compilinq and reportinq of criminal statistics shall receive an additional 2.5% of base salary provided the emplovee possesses a P.O.S.T. issued Records Supervisor Certificate: Specialtv Pavon this status is to be included in all computation of overtime or other benefits. ARTICLE 6. MEDICAL INSURANCE PREMIUMS - A. The base medical plan shall be d,efined as the Health Maintenance Organization (HMO) program available to the City. If availability of an HM.o 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. S. For the' period of Julv 1 , 2004 throuqh December 31 , 2004. the City shall pay the monthly medical plan insurance premiums for each emplovee and all of his/her eliqible dependents participatinq in the plan to a maximum of $303.22 with respect . to an emplovee enrolled for self alone. $606.45 for an employee enrolled for self and one family member. and $788.39 for an emplovee enrolled for self and two or . more familv members. C. For the period of Januarv 1. 2005 through December 31. 2005, the City shalf pay the amount in effect on December 31.2004. plus 75% of any increase to the premium for the base plan available to the City. MEMORANDUM OF UNDERSTANDING - 2004/2005 -2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 5 ARTICLE 6. MEDICAL INSURANCE PREMIUMS (continued) D. For the period of January 1. 2006 throuQh June 30. 2006. the City shall pay the amount in effect on December 31.2005. plus 75% of any increase to the premium for the base plan available to the City. E. In no event shall the amount of the.City's contribution to medical care premiums exceed 100% of the cost of providing the insurance coverage. F. Should the base HMO plan dissolve in 2006. the City shall then increase the rates paid to the basic PPO level rates. G. Upon providing the City written proof that medical insurance coverage is in force through coverage provided by another source, an employee may opt out of the City's medical insurance plan and receive payment at the employee only level consistent with any rules or restrictions on the City by the medical plan provider. H. In the event either a new employee or an existing employee is unable to obtain coverage in the City's designated base (HMO) plan, the City shall increase the rate paid for the affected employee to the basic PPO level. This will not impact the rates paid to other employees. \. Medical insurance is available for retirees through the City at the retiree's own expense until the retiree is eligible for Medicare. J. The City will maintain health benefits throuQh CalPERS for calendar year 2005. K. The provisions of Section C and 0 will be held in abeyance for the duration of the current Memorandum of Understanding. and members of the Arroyo Grande Police Officers' Association will continue to pay the same employee contribution . currently in effect (as of June 30. 2004) for the remainder of this contract period. ARTICLE 7. 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. MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 6 ARTICLE 7. VACATION LEAVE (continued) C. Employees who terminate employment shall be paid at termination; and upon return of all City-owned property, if any, a lump sum for all accrued vacation leave earned prior to the date of termination. D. Vacation leave with pay shall be earned in accordance with the following schedule: 1 year 80 hours 6.67 hours per month 2 years 96 II 8.00 to II II 3 years 104 II 8.67 to II II 4 years 112 II 9.34 to II II 5 years 120 " 10.00 to II II 6 years 120 " 10.00 to to II 7 years 128 II 10.67 to II II 8 . years 128 " 10.67 II II II 9 years 136 " 11.34 to to II 10 years 136 II 11.34 to II II 11 years 144 " 12.00 to to II 12 years 144 " 12.00 to II " 13 years 152 II 12.67 II II " 14 years 152 II 12.67 II " " 15 years 160 II 13.34 II II " E. Employees may accrue vacation leave up to the maximum hours listed below, dependent upon years of service as a regular full-time employee: Years of Service Maximum Vacation Hours That On Januarv 1 Can Be Accrued on January 1 1 - 5 80 5+ - 10 120 10+ - 15 160 15+ 200 F. In the event an employee's accrued vacation leave exceeds the maximum allowed, the employee shall be paid at his/her January 1 st hourly wage rate for those hours accrued in excess of the maximum allowable. Exception to this paragraph may be approved by the Police Chief upon employee request. MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 7 ARTICLE 8. HOLIDAY LEAVE A. ShifUOperations Employees: 1. Employees will be provided eight (8) hours of pay per month in lieu of holiday leave or shall be granted one (1) work day per calendar month for a holiday. Such monthly holiday shall b~ designated on the employee's work schedule. 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 - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 8 ARTICLE 9. 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 1 st 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 10. BEREAVEMENT LEAVE A five (5) day leave 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 11. FAMILY LEAVE Pursuant to the State and Federal Leave Acts, the following is provided for all employees who have been employed a minimum of twelve (12) months and have worked at least 1,250 hours during the 12-month period preceding leave: 1. Up to twelve (12) weeks (60 workdays) unpaid leave in a twelve (12) month period. Intermittent leave is allowed. 2. Leave may be taken for: 1) birth of and care of newborn child; 2) placement of child with employee for adoption or foster care; 3) to care for 'spouse, child, or parent having serious health condition; 4) employee's own serious health condition. 3. The employee's insurance including medical, dental, vision, and life insurance will be maintained u'nder the same conditions as if the employee were still working. 4. Request for leave must be made 30 days prior to leave, if foreseeable. 5. Employee may use accrued vacation, holiday, or personal leave during family leave. Sick leave may be used for employee and/or immediate family illness or disability. __..___n_ .._ MEMORANDUM OF UNDERSTANDING - 2005/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 9 ARTICLE 11. FAMILY LEAVE (continued) 6. Upon return to work, employee will be restored to same or equivalent position with equivalent benefits. All other provisions of the State FCLA and Federal FMLA apply. ARTICLE 12. 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 payor City-paid benefits and shall be for a period not to exceed forty-eight (48) working days per calendar year. The employer may retain his/her City benefits, such as medical insurance, by paying all premiums. The City may elect to replace the employee in his/her position in the event employee takes more than forty-eight (48) working days per calendar year. ARTICLE 13. EDUCATIONAL PAY A. All unit employees may qualify for a two and one-half percent (2%%) salary increase above their position classified range upon receipt of a two-year degree, in a field relative to their police job classification, from an accredited junior college or college or Intermediate P.O.S.T. Certificate, upon approval ofthe 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.lB.S. degrees will be requested by the City for current positions represented by AGPOA unless otherwise agreed through the meet and confer process. D. A five percent (5%) increase in salary is the maximum increase permitted under Educational Pay. _.~~,- ---..__._.._.....M.< MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 10 ARTICLE 14. MEDICAL LEAVE Medical Leave without pay may be granted for the purpose of recovery from prolonged illness or injury, to restore health, or for pregnancy, upon employee's written request to the Police Chief and City Manager, subject to submission of medical evidence satisfactory to establishing the employee's medical need. ARTICLE 15. EMERGENCY LEAVE Emergency leave without pay may be granted to any permanent employee who, upon written request to the Police Chief and City Manager, demonstrates that the leave is necessary for personal reasons or will serve to improve his/her abilities. Emergency leaves may be granted up to a maximum of one (1) year. Upon expiration of an approved emergency leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly upon leave expiration shall be cause for discharge. In the event that a disagreement arises as to whether or not such emergency leave will be granted, the matter will be moved to expedited hearings under the grievance procedure. During the period that an employee is on emergency leave, he/she shall be entitled to continue his/her insurance coverage with the City, as if pursuant to the provisions of COBRA, at his/her own expense. ARTICLE 16. JURY DUTY Employees shall be granted leave with full pay and no loss in benefits, when called for jury duty, if the employee remits to the City any and all jury fees for such jury duty. It is understood that the employee may retain any travel pay granted by the court. The employee shall be responsible for notifying his/her supervisor as soon as possible upon receiving notice to appear for jury duty, make every reasonable effort to keep his/her supervisor advised as to the anticipated length of service, and return to work immediately following the end of jury duty service. ARTICLE 17. HOURS OF WORK AND OVERTIME A. The normal work schedule for full-time employees shall be eight (8) hours per day or forty (40) hours per week. However, upon written agreement between the City and the Association, an alternative work schedule may be implemented to meet the work requirements of the Police Department. Any such alternative work schedule must include eighty (80) scheduled work hours per two (2) week period (biweekly). The City reserves the right to revert to the normal work schedule described herein should working conditions, staffing, and/or workload so require (as determined by the Police Chief). - -...-.----"..- MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 11 ARTICLE 17. HOURS OF WORK AND OVERTIME (continued) 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 oftimeoffwith 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. Upo'n separation from employment, an employee is entitled to receive cash compensation for any unused compensatory time. ARTICLE 18. 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 19. UNIFORM AND EQUIPMENT ALLOWANCE The City shall provide cash allowances of $800 annually ~o the employees required by the Police Chief to wear a uniform 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 remaining half of such allowance shall be provided by the City during January for the period January through June of the same calendar year. The uniform allowance will be paid on the first Friday after the first regular pay date of the month due. ---- MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 12 ARTICLE 19. UNIFORM AND EQUIPMENT ALLOWANCE (continued) Such allowances shall be used by the employee to replace, maintain, repair, and clean all designated uniform garments, hats, caps, shoes, leatherwear, and ornamentation. Upon the hiring of a Police Department employee, the City will provide applicable safety equipment and initial uniforms and ancillary equipment as specified by Police Department policy. The City will provide replacement safety equipment as necessary, including, but not limited to: firearms, impact weapons, chemical irritants, restraining devices, ballistic vests, helmets, and inclement weather clothing. ARTICLE 20. 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 21. PAYROLL DEDUCTIONS Requests for changes in and cancellation of Association dues shall be promptly processed by the Association and put into effect by the City at the employee's request. Deductions for dues shall be made twice monthly by the City and remitted to the Association monthly. Requests for deductions shall be made on City-approved authorization cards. The Association agrees to indemnify and hold the City harmless from any liabilities that may arise as a result of the application of this article. ARTICLE 22. 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. ------- MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 13 ARTICLE 23. 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 24. 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 25. PROBATIONARY PERIOD All appointments shall be tentative and subject to a probationary period of twelve (12) months. The Police Chief, with the consent of the City Manager, may extend the probationary period for specified cause(s) that shall be provided in writing to an employee. All probationary employees who are being placed on an extended probationary period shall be given written notice of the extension prior to the expiration of their probationary period. In the event no such notice is given, the employee shall be considered to have successfully completed his/her probationary period. An employee who is in a position that is reclassified shall not be required to complete an additional probationary period. The probationary period shall be regarded as a part of a continuing testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to his or her position, and for rejecting any probationary employee whose performance does not meet the required standards of work. The Police Chief, with the consent of the City Manager, may release the probationary employee from City employment without cause at any time during the probationary period. ARTICLE 26. 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. MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 14 ARTICLE 27. 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 28. 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 in step 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 29. TEMPORARY POSITIONS The Police Chief may temporarily promote an employee only after entering into a written agreement of the terms of such temporary promotion with the employee. ARTICLE 30. 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. -------"_..."-- MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 15 ARTICLE 31. 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) working days' notice prior to the effective date of the layoff. The Association shall receive concurrent notice and may be granted an opportunity to meet and consult with the City to discuss the proposed alternatives to a reduction in force. When one or more workers performing in the same class in the Police Department are to face a reduction in force, the Police Chief and an AGPOA representative shall confer on the basis on which personnel shall be selected for layoff. If a laid-off employee's position, or a similar position to which the City determines the former employee is suited, becomes available within nine (9) months of layoff, said former employee. shall be recalled. If the job in a lower classification becomes available and a former employee is qualified in the judgement of the City, he/she may be rehired in the lower classification's position opening. ARTICLE 32. 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: 1. 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." MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 16 ARTICLE 32. GRIEVANCE PROCEDURE (continued) 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 seven (7) 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: 1. Thirty (30) days after the event of circumstances occasioning the grievance; or 2. Within seven (7) 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, or written rule claimed to have been violated, set forth the .facts that purportedly constitute such violation, and the specific remedy sought. MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 17 ARTICLE 32. GRIEVANCE PROCEDURE (continued) 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 his/her decision in writing to the grievant. . STEP 3 A. If the grievant is not satisfied with t~e decision rendered pursuant to Step 2, he/she may appeal the decision within seven (7) 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 seven (7) days to the grievant. If the Police Chief or his/her designated representative determines it is desirable, he/she shall hold a 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 representative of his/her choice. STEP 5 A. If the grievant is not satisfied with the decision rendered pursuant to Step 4, he/she may, within seven (7) 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 Assocjation 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 after the notice, and the decision of the arbitrator shall be final and binding on all concerned parties. MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 18 ARTICLE 33. 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 beeause of lack of work or other lawful reasons; ++ maintain the efficiency of governmental operations; ++ determine the methods, means, and numbers and kinds of persons by which government operations are to be conducted; ++ determine methods of financing; ++ determine style and/or types of City-issued equipment to be used; ++ determine and/or change the facilities, .methods, technology, means, organizational structure and composition of the work force, and allocate and assign work by which the City operations are to be conducted; ++ determine and/or change the number of locations, relocations, and types of operations, processes, and materials to be used in carrying out all City functions, including, but not limited to, the right to contract for or subcontract any work, labor, services, or operations of the .City; ++ assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; ++ establish and modify productivity and performance programs and standards; ++ discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable law. -.---"-...-.-... -^ MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 19 ARTICLE 33. MANAGEMENT RIGHTS (continued) The Association recognizes that the City has, and will continue to retain whether exercised or not, the unilateral and exclusive right to operate, administer, and manage its municipal services and work force performing those services in all respects, subject to this Memorandum of Understanding; provided, however, that the exercise of such rights does not preclude employees or their representatives from conferring or raising grievance about the practical consequences that decisions on these matters may have on wages, hours, and other terms and conditions of employment. Nothing in this Management Rights clause modifies the scope of representation defined on the Meyers-Milias-Brown Act. ARTICLE 34. EDUCATION The City shall pay tuition and book fees for all classes leading to an undergraduate or graduate degree in a job-related field at an accredited school/college for all unit employees. Upon approval of the Police Chief, reimbursement for educational costs may be granted for employees participating in non-collegiate job-related continuing education/training courses/programs. Payments must be approved by the Police Chief in advance. Reimbursement shall be limited to $1,200 per fiscal year for all new participants beginning in FY 2001 ~2002. ARTICLE 35. 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. ARTICLE 36. 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. ~- ------"-----._--._- - MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 20 ARTICLE 37. 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 38. ASSOCIATION ACCESS TO WORK LOCATIONS A. The City agrees that the authorized AGPOA representative shall be granted access to work location(s) to participate in investigation and processing of grievances per the grievance procedure of the MOU or to observe working conditions, upon approval of the Police Chief and City Manager, when to the extent necessary. B. The Association shall provide the Police Chief and City Manager with a list of all authorized AGPOA representatives, and the list shall be kept current by the Association. C. Upon notification and approval of the City Manager or his/her designee, an authorized AGPOA staff member is permitted to communicate with the employee(s) and/or AGPOA representatives on official City time without said employee(s) and/or AGPOA representatives' loss of compensation. It is not the intent of this section to allow general Association meetings on City time but, rather, to allow investigation and discussion of working conditions, grievances, and safety issues. D. It is understood that every reasonable effort shall be made to perform the above activities on off-duty time. .. _._-~_. ---..-..-...---" MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 21 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 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 40. 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 payor any benefits. ARTICLE 41. 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 I,ockout any of its employees during the term of this Memorandum of Understanding. ARTICLE 42. 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 43. 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. - MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 22 ARTICLE 44. RETIREMENT BENEFITS A. G.C. Section 21363.1. The PERS Public Safety Officer 3% at Age 55 Retirement Plan is provided for sworn personnel, with the City paying back to each sworn employee an amount equal to the 9% deduction from the sworn employee's paycheck for PERS retirement. B. G.C. Section 21354. The PERS 2% 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 7% deduction from the non-sworn employee's paycheck for PERS retirement. C. G.C. Section 20636 (c)(4) pursuant to Section 20691. Beginning in FY 2001-2002 the City agrees that the employee portion of the PERS contribution, made by the City, shall be reported to PERS as income. The City will be responsible for the increased PERS contribution as a result of the reporting change. D. G.C. Section 21024 and 21027. Employees may buy back, at their expense, retirement service credit for prior military service as permitted by PERS. E. GC Section 20042. Retirement benefits are. based on the highest single year compensation. F. GC Section 20965. Employees will receive credit for unused sick leave. G. GC Section 21548. The spouse of a deceased member. who was elioible to retire for service at the time of death. may elect to receive the Pre-Retirement Optional Settlement 2 Death Benefit. This provision will 00 effective January 1. 2005 for non-sworn employees and July 1. 2005 for sworn employees. ARTICLE 45. DENTAL PLAN The City shall provide for all employees in classifications represented in this Memorandum of Understandino 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 durino the term of this M.O.U. providino that: 1. Any new plan maintains equivalent benefits to the employees: and 2. At least twenty-orie (21) days advanced notice of plan chanoes are provided to the POA. MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 23 ARTICLE 46. 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 47. VISION INSURANCE The City shall provide a Vision Care Plan for barQaininQ unit members. The City shall contribute the full family premium. The City may select an alternate vision care provider durinQ the term of the M.O.U. providinQ that: 1. Any new plan maintains eauivalent benefits to the employees: and 2. At least twenty-one (21) days advanced notice of plan chanaes are provided to the POA. ARTICLE 48. DISABLlL TY 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 waitinQ period followinQ the onset of the illness or date of iniurv. Effective Januarv 1. 2004. the City will pay the premiums for the new Family Temporarv Disability Insurance for non-sworn personnel. Should there be any future rate increases to State . Disability I nsurance and/or Family T emporarv Disability Insurance plans after July 1. 2004. the City and the POA aQree to meet and confer to discuss responsibility for payment of such increases. ARTICLE 49. 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. '"'--- MEMORANDUM OF UNDERSTANDING - 2004/2005 - 2005/2006 AGPOA AND CITY OF ARROYO GRANDE PAGE 24 ARTICLE 50. REOPENING OF NEGOTIATIONS A. The City aQrees to order the 3% ca>. 50 Safety Plan actuarial in February of 2005. and in February of 2006. for informational pUrPoses only. B. This article in no way limits the rights of the City or the AGPOA to meet and confer on any other issues upon mutual agreement. ARTICLE 51. MAINTENANCE OF BENEFITS All benefits enioyed by unit employees as of July 1. 2004. and any side letter aQreements currently in effect or reached after that date. shall remain in full force and effect unless modified by a subseauent Memorandum of UnderstandinQ or by mutual aQreement. in writinQ. of the parties. Exhibit "A" throuQh Exhibit "HI! are attached and incorporated as part of this Memorandum of Understandina. REPRESENTATIVES OF REPRESENTATIVES OF ARROYO CITY OF ARROYO GRANDE GRANDE POLICE OFFICERS' ASSOCIATION q Of tJ- ItJ,rt DATE: - /,0 - DATE: ~ ~. STEVEN ADAMS JAM. E HNSON CITY MANAGER PRESIDENT, AGP. iJanJ ~ DAN HERNANDEZ DAVE SAN HEZ CITY NEGOTIATOR NEGOTIATpR, AGPOA ~~~ -~~ KAREN SISKO MARK LACOUAGUE CITY NEGOTIATOR NEGOTIATOR, AGPOA EXHIBIT A CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE SWORN -7/1/04 INCREASE 3.0% 3.0% 3.0% 3.0% 3.0% RANGE A B C D E 31 3561 3739 3927 4123 4330 New 3668 3851 4045 4247 4460 Police Officer 32 3651 3834 4024 4225 4437 New 3761 3949 4145 4352 4570 33 3741 3929 4125 4332 4547 New 3853 4047 4249 4462 4683 34 3837 4027 4227 4439 4662 New 3952 4148 4354 4572 4802 35 3932 4128 4334 4549 4778 New 4050 4252 4464 4685 4921 S R. Police Officer 36 4030 4230 4441 4666 4898 New 4151 4357 4574 4806 5045 37 4130 4337 4552 4780 5020 New 4254 4467 4689 4923 5171 38 4232 4445 4668 4900 5146 New 4359 4578 4808 5047 5300 39 4339 4555 4782 5022 5274 New 4469 4692 4925 5173 5432 40 4446 4669 4902 5148 5405 New 4579 4809 5049 5302 5567 41 4558 4785 5025 5277 5540 New 4695 4929 5176 5435 5706 Police Sergeant 42 4672 4905 5151 5408 5679 New 4812 5052 5306 5570 5849 43 4789 5028 5280 5544 5822 New 4933 5179 5438 5710 5997 44 4909 5154 5413 5684 5968 New 5056 5309 5575 5855 6147 -...---.-.... EXHIBIT B CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE SWORN -1/1/05 INCREASE 2.0% 2.0% 2.0% 2.0% 2.0% RANGE A B C D E' 31 3668 3851 4045 4247 4460 New 3741 3928 4126 4332 4549 Police Officer 32 3761 3949 4145 4352 4570 New 3836 4028 4228 4439 4662 33 3853 4047 4249 4462 4683 New 3930 4128 4334 4551 4777 34 3952 4148 4354 4572 4802 New 4031 4231 4441 4664 4898 35 4050 4252 4464 4685 4921 New 4131 4337 4553 4779 5020 SR. Police Officer 36 4151 4357 4574 4806 5045 New 4234 4444 4666 4902 5146 37 4254 4467 4689 4923 5171. New 4339 4556 4782 5022 5274 38 4359 4578 4808 5047 5300 New 4446 4670 4904 5148 5406 39 4469 4692 4925 5173 5432 New 4559 4785 5024 5276 5541 40 4579 4809 5049 5302 5567 New 4671 4905 5150 5408 5678 41 4695 4929 5176 5435 5706 New 4789 5027 5279 5544 5820 Police Sergeant 42 4812 5052 5306 5570 5849 .. New 4908 5153 5412 5682 5966 43' 4933 5179 5438 5710 5997 New 5031 5282 5547 5825 6117 44 5056 5309 5575 5855 6147 New 5157 5415 5687 5972 6270 ~_._~._.,."_._....- < EXHIBIT C CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE SWORN -7/1/05 INCREASE 3.0% 3.0% 3.0% 3.0% 3.0% RANGE A B C D E 31 3741 3928 4126 4332 4549 New 3853 4046 4249 4462 4686 Police Officer 32 3836 4028 4228 4439 4662 New 3951 4149 4354 4572 4801 33 3930 4128 4334 4551 4777 New 4048 4252 4464 4688 4920 34 4031 4231 4441 4664 4898 New 4152 4358 4574 4804 5045 35 4131 4337 4553 4779 5020 New 4255 4467 4690 4923 5170 SR. Police Officer 36 4234 4444 4666 4902 5146 New 4361 4577 4806 5049 5300 37 4339 4556 4782 5022 5274 New 4469 4693 4926 5173 5432 38 4446 4670 4904 5148 5406 New 4580 4810 5051 5302 5569 39 4559 4785 5024 5276 5541 New 4695 4929 5175 5434 5707 40 .4671 4905 5150 5408 5678 New 4811 5052 5305 5571 5849 41 4789 5027 5279 5544 5820 New 4932 5178 5438 5710 5995 Police Sergeant 42 4908 5153 5412 5682 5966 New 5056 5308 5574 5852 6145 43 5031 5282 5547 5825 6117 New 5182 5441 5714 5999 6300 44 5157 5415 5687 5972 6270 New 5312 5577 5858 6151 6458 ---_._.~-_.,- EXHIBIT D CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE SWORN -1/1/06 INCREASE 2.0% 2.0% 2.0% 2.0% 2.0% RANGE A 8 C D E 31 3853 .4046 4249 4462 4686 New 3930 4127 4334 4551 4779 Police Officer 32 3951 4149 . 4354 4572 4801 New 4030 4232 4442 4663 4897 33 4048 4252 4464 4688 4920 New 4129 4337 4553 4781 5019 34 4152 4358 4574 4804 5045 New 4235 4445 4666 4900 5146 35 '4255 4467 4690 4923 5170 New 4340 4556 4784 5021 5274 SR. Police Officer 36 4361 4577 4806 5049 5300 New 4448 4669 4902 5150 5406 37 4469 4693 4926 5173 5432 New 4559 4787 5024 5276 5541 38 4580 4810 5051 5302 5569 New 4671 4906 5152 5408 5680 39 4695 4929 5175 5434 5707 New 4789 5028 5278 5543 5821 40 4811 5052 5305 5571 5849 New 4907 5153 5411 5682 5966 41 4932 5178 5438 5710 5995 New 5031 5281 5546. 5825 6115 Police Sergeant 42 5056 5308 5574 5852 6145 New 5157 5414 5685 5969 6268 43 5182 5441 5714 5999 6300 New 5286 5550 5828 6119 6426 44 5312 5577 5858 6151 6458 New 5418 5689 5975 6274 6587 ---.. -- - ~-_.._.,~ EXHIBIT E CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE NON-SWORN -7/1/04 INCREASE ~ 3.0% 3.0% 3.0% 3.0% 3.0% RANGE A B C D E 20 2660 2793 2933 3080 3235 New 2740 2877 3021 3172 3332 21 2727 2864 3009 3158 3315 New 2809 2950 3099 3253 3414 Support Svc. Tech. 22 2797 2935 3083 3237 3398 New 2881 3023 3175 3334 3500 23 2867 3011 3160 3318 3484 New 2953 3101 3255 3418 3589 24 2940 3087 3240 3400 3572 New 3028 3180 ~337 3502 3679 25 3012 3161 3319 3487 3660 New 3102 3256 .3419 3592 3770 Comm.Svc. Officer 26 3088 3241 3401 3573 37,53 New 3181 3338 3503 3680 3866 27 3164 3322 3489 3664 3847 . New 3259 3422 3594 3774 3962 28 3243 3404 3575 3756 3942 New 3340 3506 3682 3869 4060 29 3325 3491 3666 3849 4041 Support Services Supv. New 3425 3596 3776 3964 4162 30 3406 3577 3758 394'5 4141 New 3508 3684 3871 4063 4265 31 3492 3667 3851 4044 4246 New 3597 3771 3967 4165 4373 32 3581 3760 3947 4144 4351 New 3688 3873 4065 4268 4482 33 3670 3854 4046 4249 4460 New 3780 3970 4167 4376 4594 EXHIBIT F CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE NON-SWORN -1/1/05 INCREASE 2.0% 2.0% 2.0% 2.0% 2.0% RANGE A B C D E 20 2740 2877 3021 3172 3332 New 2795 2934 3081 3236 3399 21 2809 2950 3099 3253 3414 New 2865 3009 3161 3318 3483 Support Svc. Tech. 22 2881 3023 3175 3334 3500 New 2939 3084 3239 3401 3570 23 2953 3101 3255 3418 3589 New 3012 3163 3320 3486 3660 24 3028 3180 3337 3502 3679 New 3089 3243 3404 3572 3753 25 3102 3256 3419 3592 3770 New 3164 3321 3487 3663 3845 Comm.Svc. Officer 26 3181 3338 3503 3680 3866 New 3244 3405 3573 3754 3943 27 3259 3422 3594 3774 3962 New 3324 3490 3666 3849 4042 28 3340. 3506 3682 3869 4060 New 3407 3576 3756 3946 4141 29 3425 3596 3776 3964 4162 Support Services Supv. New 3493 3668 3851 4044 4245 30 3508 3684 3871 4063 4265 New 3578 3758 3948 4145 4351 31 3597 3777 3967 4165 4373 New 3669 3853 4046 4249 4461 32 3688 3873 4065 4268 4482 New 3762 3950 4147 4354 4571 33 3780 3970 4167 4376 4594 New 3856 4049 4251 4464 4686 - EXHIBIT G CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE NON-SWORN -7/1/05 INCREASE 3.0% 3.0% 3.0% 3.0% 3.0% RANGE A B C D E 20 2795 2934 3081 3236 3399 New 2878 3022 3174 3333 3501 21 2865 3009 3161 3318 3483 New 2951 3099 3256 3417 3587 Support Svc. Tech. 22 2939 3084 3239 3401 3570 New 3027 3176 3336 3503 3677 23 3012 3163 3320 3486 3660 New 3102 3258 3419 3590 3770 24 3089 3243 3404 3572 3753 New 3181 3340 3506 3679 3865 25 3164 3321 3487 3663 3845 New 3259 3421 3592 3773 3961 Comm.Svc. Officer 26 3244 3405 3573 3754 3943 New 3342 3507 . 3680 3866 4061 27 3324 3490 3666 3849 4042 New 3424 3595 3776 3965 4163 28 3407 3576 3756 3946 4141 New 3509 3684 3869 4064 4266 29 3493 3668 3851 4044 4245 Support Services Supv. New 3598 3778 3967 4165 4373 30 3578 3758 3948 4145 4351 New 3686 3871 4067 4269 4481 31 3669 3853 4046 4249 4461 New 3779 3968 4167 4376 4595 32 3762 3950 4147 4354 4571 New 3875 4069 4271 4484 4708 33 3856 4049 4251 4464 4686 New 3971 4170 4378 4598 4826 -~--_.~".-- EXHIBIT H CITY OF ARROYO GRANDE SCHEDULE OF SALARY RANGES-POLICE NON-SWORN -1/1/06 INCREASE 2.0% 2.0% 2.0% 2.0% 2.0% RANGE A B C D E 20 2878 3022 3174 3333 3501 New 2936 3083 3237 3400 3571 21 2951 3099 3256 3417 3587 New 3010 3161 3321 3486 3659 Support Svc. Tech. 22 3027 3176 3336 3503 3677 New 3087 3240 3403 3573 3751 23 3102 3258 3419 3590 3770 New 3164 3323 3488 3662 3846 24 3181 3340 3506 3679 3865 New 3245 3407 3576 3753 3943 25 3259 3421 3592 3773 3961 New 3325 3489 3663 3849 4040 Comm.Svc. Officer 26 3342 3501' 3680 3866 4061 New 3408 3577 3754 3944 4142 27 3424 3595 3776 3965 4163 New 3492 3667 3851 4044 4246 28 3509 3684 3869 4064 4266 New 3579 3757 3946 4146 4351 29 3598 3778 3967 4165 4373 Support Services Supv. New 3670 3853 4046 4248 4460 30 3686 3871 4067 4269 4481 New 3759 3948 4148 4354 4571 31 3779 3968 4167 4376 4595 New 3854 4047 4251 4464 4687 32 3875 4069 4271 4484 4708 New 3953 4150 4357 4574 4802 33 3971 4170 4378 4598 4826 New 4051 4254 4466 4690 4923 - --"'-~"~--'--"'-"~" -