HomeMy WebLinkAbout6999RESOLUTION NO. 6999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING A MEMORANDUM OF
UNDERSTANDING ESTABLISHING COMPENSATION AND
RELATED BENEFITS FOR EMPLOYEES REPRESENTED BY THE
ARCADIA POLICE OFFICERS' ASSOCIATION ( "APDX) FOR APRIL
1, 2014 THROUGH JUNE 30, 2018
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Memorandum of
Understanding ( "MOU ") by and between the City of Arcadia and the Arcadia Police
Officers' Association ( "APOA ") dated effective as of April 1, 2014, a copy of which is
attached hereto. The City Manager is hereby authorized and directed to execute this
Memorandum of Understanding on behalf of the City. The salary and benefits for
employees represented by APOA shall be those set forth in the Memorandum of
Understanding.
SECTION 2. The City Clerk shall certify to the adoption of this Resolution.
Pa sed, approved and adopted this 19th
ATTEST:
t,�t ,lerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
day of November , 2013.
Mayor of e Ci of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Resolution No. 6999 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 19th day of November, 2013 and that said Resolution was adopted by
the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Kovacic, Wuo and Segal
NOES: None
ABSENT: None
Clerk of thVCity of Arcadia
CITY OF ARCADIA
AND
ARCADIA POLICE OFFICERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
APRIL 1, 2014 - JUNE 30, 2018
Table of Contents Pane
ARTICLE1 ...................................................................................................................... ..............................1
Section A.
PARTIES AND RECOGNITION ...............................................:..... ..............................1
Section B.
APPROPRIATE UNIT ...................................................................... ..............................1
Section C.
MUTUAL RECOMMENDATION ..................................................... ..............................1
ARTICLE11 .....................................................................................................................
..............................1
SectionA.
TERM .................................................................................................. ..............................1
SectionB.
SAVINGS CLAUSE .......................................................................... ..............................1
ARTICLE III
ASSOCIATION RIGHTS ................................................................ ..............................2
SectionA.
RIGHT TO JOIN ................................................................................ ..............................2
Section B.
USE OF BULLETIN BOARDS ........................................................ ..............................2
Section C.
PAYROLL DEDUCTION .................................................................. ..............................2
Section D.
REASONABLE NOTICE .................................................................. ..............................3
Section E.
AWARDS AND SAFETY COMMITTEES ...................................... ..............................3
ARTICLEIV
TOBACCO USE ............................................................................... ..............................3
ARTICLE V
MANAGEMENT RIGHTS ............................................................... ..............................3
ARTICLE VI
COMPENSATION ........................................................................... ..............................4
Section A.
GENERAL COMPENSATION ........................................................ ..............................4
Section B.
ASSIGNMENT PAY ......................................................................... ..............................4
Section C.
SPECIAL ASSIGNMENT STIPEND .............................................. ..............................4
SectionD.
BILINGUAL PAY ............................................................................... ..............................5
Section E.
PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION ...................5
Section F.
EDUCATIONAL INCENTIVE COMPENSATION ......................... ..............................5
SectionG.
NEGOTIATING TEAM ..................................................................... ..............................6
ARTICLEVII
OVERTIME ....................................................................................... ..............................6
SectionA .................................................................................................................... ..............................6
Section B.
PREMIUM OVERTIME COMPENSATION ................................... ..............................7
Section C.
STRAIGHT OR COMPENSATORY TIME OFF ........................... ..............................7
SectionD.
COURT TIME ..................................................................................... ..............................8
SectionE.
MOVIE DETAIL ................................................................................. ..............................8
ARTICLEVIII LONGEVITY PAY ......................................................................... ..............................9
ARTICLEIX RETIREMENT .................................................................................. ..............................9
Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 ......................... ..............................9
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE
OCTOBER9, 2011 ........................................ ............................................................... 10
Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW
CALPERSMEMBERS ...................................................................... .............................11
Section D. NEW CalPERS MEMBERS HIRED AFTER JANUARY 1, 2013 ........................... 12
ARTICLE X RETIREE MEDICAL BENEFITS .................................................. .............................14
Section A. RETIREE HEALTH - EMPLOYEES HIRED BEFORE JULY 1, 2011 ..................14
Section B. RETIREE HEALTH - EMPLOYEES HIRED ON OR AFTER. JULY 1, 2011........15
ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE CONTRIBUTIONS ........................15
ARTICLE XII DISABILITY INCOME INSURANCE ............................................ .............................18
ARTICLEXIII EMPLOYEE PHYSICALS ........................................................... .............................18
ARTICLEXIV UNIFORMS ................................................................................... .............................18
SectionA ................................................................................................................... .............................18
SectionB ................................................................................................................... .............................18
SectionC .................................................................................................................. .............................18
SectionD .................................................................................................................. .............................19
ARTICLE XV TUITION REIMBURSEMENT ....................................................... .............................19
ARTICLEXVI LEAVES ........................................................................................ .............................20
SectionA ................................................................................................................... .............................20
Section B. POWER TO GRANT LEAVES ...................................................... .............................20
SectionC. MILITARY LEAVE ............................................................................ .............................21
SectionD. VACATION LEAVE .......................................................................... .............................22
SectionE. SICK LEAVE ..................................................................................... .............................23
Section F. WORKERS' COMPENSATION ..................................................... .............................25
SectionG. HOLIDAYS ........................................................................................ .............................25
SectionH. JURY LEAVE .................................................................................... .............................25
SectionI. WITNESS LEAVE ............................................................................ .............................26
Section J. UNAUTHORIZED ABSENCE ........................................................ .............................26
ARTICLE XVII PROBATIONARY PERIOD ........................................................ .............................26
SectionA ................................................................................................................... .............................26
SectionB ...................................................................................................................
.............................26
SectionC ..................................................................................................................
.............................26
ARTICLE XVIII
RESPONSE TIME ....................................................................... .............................26
ARTICLE XIX
PATROL WORK SCHEDULE AND TRAINING SCHEDULE ............................27
ARTICLE XX
UTILIZATION OF RESERVE POLICE OFFICERS ................ .............................27
ARTICLE XXI
EMPLOYEE GRIEVANCES ....................................................... .............................27
SectionA.
DEFINITIONS ................................................................................... .............................27
SectionB.
TIMELINESS .................................................................................... .............................28
Section C.
EMPLOYEE REPRESENTATION ................................................ .............................28
Section D.
INFORMAL GRIEVANCE PROCEDURE .................................... .............................29
Section E.
FORMAL GRIEVANCE PROCEDURE ........................................ .............................29
Section F.
APPEAL TO HUMAN RESOURCES COMMISSION ................ .............................30
Section G.
DISCIPLINARY APPEAL TO HUMAN RESOURCES COMMISSION .................35
ARTICLE XXII
FULL UNDERSTANDING .......................................................... .............................42
SectionA ...................................................................................................................
.............................42
SectionB ...................................................................................................................
.............................42
2014 -2018 BARGAINING TEAMS ............................................................................ .............................43
ARTICLE 1
Section A. PARTIES AND RECOGNITION
The Memorandum of Understanding is made and entered into between
the management representatives of the City of Arcadia, hereinafter
referred to as the "City" and representatives of the Arcadia Police Officers'
Association, a formally recognized employee organization, hereinafter
referred to as the "Association ", pursuant to the provisions of the
Meyers - Milias -Brown Act (Government Code § §3500 et.seq.).
Section B. APPROPRIATE UNIT
The classifications covered by this agreement are:
Police Officer
Police Sergeant
Section C. MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual
recommendation to be presented to the City Council, City of Arcadia, for
determination.
ARTICLE II
Section A. TERM
The parties have met and conferred in good faith regarding wages, hours
and other terms and conditions of employment and it is mutually agreed
that this Memorandum of Understanding shall be effective for the period
beginning April 1, 2014 and ending June 30, 2018.
Section B. SAVINGS CLAUSE
If any provision or the application of any provision of this agreement as
implemented should be rendered or declared invalid by any final court
action or decree or by preemptive legislation, that provision shall be
deemed stricken from the agreement and any right, benefit or obligation
conferred by that provision shall be discontinued. The remaining sections
of the Agreement shall remain in full force and effect.
ARTICLE III ASSOCIATION RIGHTS
Section A. RIGHT TO JOIN
The City and the Association recognize the right of the employees to form,
join and participate in lawful activities of employee organizations and the
equal alternative right of employees to refuse to join or participate in
employee organization activities.
Section B. USE OF BULLETIN BOARDS
The City shall provide for the Association's use designated bulletin board
where employees in the bargaining unit have access during regular
business hours subject to the following conditions:
1. All postings for bulletin boards must contain the date of posting and the
identification of the organization; and
2. The Association will not post information which is defamatory or
obscene subject to the immediate removal of the right to post for a
period not to exceed 90 days.
Section C. PAYROLL DEDUCTION
The City will deduct from the pay of Association members the normal and
regular monthly Association membership dues as voluntarily authorized in
writing by the employee on the City form subject to the following
conditions:
1. Such deduction shall be made only upon submission of the City form to
the designated City representative. Said form shall be duly completed
and signed by the employee.
2. The City shall not be obligated to put into effect any new, changed or
discontinued deduction until the pay period commencing fifteen days or
longer after such submission.
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Section D. REASONABLE NOTICE
It is mutually understood and agreed that a copy (via the United States
Postal Service) of the City Council and /or Human Resources Commission
agenda for each meeting mailed to two authorized representatives of the
Association shall constitute reasonable written notice of any opportunity to
meet with such agencies, on all matters within the scope of representation
upon which the City Council or Human Resources Commission may act.
The Association shall provide the Human Resources Commission with the
name and addresses of the two authorized representatives within five
days of the effective date of this agreement.
Section E. AWARDS AND SAFETY COMMITTEES
The Association shall be entitled to appoint a member to both the
Employee Awards and Safety Committees.
ARTICLE IV TOBACCO USE
In recognition of the health hazards arising from the use of tobacco products, the parties
agree that as a condition of employment, all unit members hired after July 1, 2001 shall
sign individual agreements that the employee shall refrain from smoking, chewing or
otherwise using tobacco products such as, but not limited to, cigarettes, cigars, pipe
tobacco, chewing tobacco or snuff.
An employee who fails to comply with the agreement shall receive a written warning for
the first offense, a suspension of 40 hours for the second offense and shall be
discharged for the third offense.
De Minimis off duty cigar smoking is permitted.
ARTICLE V MANAGEMENT RIGHTS
Except as limited by the specific and express terms of this agreement, the City hereby
retains and reserves unto itself all rights, powers, authority, duty and responsibilities
confirmed on and vested in it by the laws and the constitution of the State of California,
the Charter of the City of Arcadia and /or the laws and Constitution of the United States
of America.
The management and the direction of the work force of the City is vested exclusively in
the City, and nothing in this agreement is intended to circumscribe or modify the existing
rights of the City to direct the work of its employees; hire, promote, demote, transfer,
assign and retain employees in positions within the City, subject to the Personnel Rules
and Regulations of the City; suspend or discharge employees for proper cause;
maintain the efficiency of governmental operations; relieve employees from duties for
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lack of work or other good reason; take action as may be necessary to carry out the
City's mission and services in emergencies; and to determine the methods, means and
personnel by which the operations are to be carried out.
ARTICLE VI
Section A.
Section B
Section C.
COMPENSATION
GENERAL COMPENSATION
The City agrees to increase base salaries of classifications covered by this
MOU in the amount of 2% effective April 1, 2014, 2% July 1, 2015, 2%
July 1, 2016, and 2.5% July 1, 2017. The salary schedules for
classifications covered by this MOU are set forth on Exhibit A and
incorporated herein.
ASSIGNMENT PAY
During the term of this agreement, a Police Officer and supervising
Sergeant assigned by the Police Chief or his designee to perform the
extra duty and responsibility of training new Police Officers shall receive
an additional five percent (5 %) per pay period, in addition to base salary
during the period of the assignment.
An employee assigned by the Police Chief to perform the duties and
responsibilities of Detective, School Resource Officer, Traffic Officer and
Personnel and Training shall receive five percent (5 %), in addition to base
salary during the period of assignment.
SPECIAL ASSIGNMENT STIPEND
Employees assigned to Major Accident Investigations Team (MATT),
Special Weapons and Tactics (SWAT), Foothill Air Support Team (FAST),
Force Training Unit (FTU), Arcadia Mounted Patrol Team (AMET),
Explorer Advisor (2), Reserve Coordinator (1) and other assignments
approved by the Police Chief shall receive a stipend of $28.85 per pay
period, in addition to base salary, and any regular special assignment pay,
during the period of assignment. An employee assigned to two or more of
these assignments at the same time, and who is not receiving assignment
pay pursuant to Section B., above, shall receive $57.70 per pay period, in
addition to base salary, during the period of the assignment.
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Section D. BILINGUAL PAY
During the term of this agreement, the City will offer a bilingual bonus
program. To qualify, bargaining unit members must pass the test
developed or utilized by the City for languages specified by the City. No
more than twelve (12) members will be eligible to qualify for the bonus,
unless an increase in the number of eligible employees is recommended
by the Police Chief and approved by the City Manager. A member
designated to receive a bilingual bonus shall receive $49.07 per pay
period in addition to his base salary.
Section E. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION
1. When an employee is promoted, the pay shall advance to the lowest
step in such higher range that will provide not less than one step
increase in compensation unless the top step in such range provides
less than one step increase. Such one step shall be measured by the
range from which the employee is promoted.
2. When an employee is promoted to a higher classification, the date of
promotion shall be used in determining the date of future step
increases.
Section F. EDUCATIONAL INCENTIVE COMPENSATION
1. During the term of this agreement, for the classifications listed above,
the City shall provide an education incentive program. Qualified
employees who possess an Associate of Arts degree shall receive an
additional 2 Yz % as their regular salary. Employees who possess a
Bachelor of Arts or Sciences degree shall receive an additional 5% as
their regular salary.
Employees shall not receive in excess of 5% for any educational
incentive.
Employees shall qualify for the 2 Yz % education bonus when they
have satisfied the basic education and training requirements by one of
the following methods:
a. The sworn employee shall have been awarded an Associate of
Arts or Associate in Science degree in Police Science, Police
Administration or related degree by an institution accredited by
the California Department of Education.
b. The sworn employee shall have 60 or more college units
acceptable to a college or university which is accredited by the
California Department of Education towards a Baccalaureate
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degree and have completed a minimum of 20 units in police
related courses acceptable to an accredited California Junior
College towards an Associate in Arts Degree in Police Science,
Police Administration or related degree.
2. Employees shall qualify for the 5% education bonus upon receiving a
Bachelor of Arts or Bachelor of Science degree from an institution
accredited by the California Department of Education.
3. Each employee who has earned an Intermediate P.O.S.T. Certificate
shall receive an additional five percent (5 %) of their regular salary.
Employees who have earned an Advanced P.O.S.T. Certificate shall
receive an additional eleven percent (11 %) of their regular salary. The
P.O.S.T. Certification pay may not be combined with educational
incentive compensation provided in Article V, Section E. 1. By way of
example, and not limitation, an eligible employee with a B.A. degree
and an Advanced P.O.S.T. Certificate would receive the Certificate pay
of eleven percent (11 %), but would not receive the B.A. degree pay of
5 %. An eligible employee with a B.A. degree and an Intermediate
P.O.S.T. Certificate would receive the B.A. degree pay of 5 %, but
would not, receive the Certificate pay of five percent (5 %).
4. Members who qualify for any step advancement based on education
shall provide to the Police Chief a copy of their transcript, which shows
attainment of the qualifying education. The copy of the transcript shall
then be placed in their personnel file. Additionally, members who
qualify for the P.O.S.T. Certification bonus pay shall provide to the
Police Chief a copy of the Intermediate or Advanced Certificate. The
copy of the Certificate shall then be placed in their personnel file.
Section G. NEGOTIATING TEAM
In lieu of adjustment of shift assignments and /or additional compensation,
the five members of the Arcadia Police Officers' Association negotiating
team shall receive sixteen (16) hours of comp time (at straight time)
credited to each employee's account.
ARTICLE VII OVERTIME
Section A. The Police Chief may require employees in the Police Department to work
at any time other than during regular working hours until such work is
accomplished.
C:
Section B. PREMIUM OVERTIME COMPENSATION
The work period for sworn personnel who work a 5 day on -2 day off work
week and /or a 3/12 work schedule, and /or a 4/10 work schedule, and /or a
9/80 work schedule is 28 days. The work period for sworn personnel who
work a 4 day on -2 day off work week is 24 days.
Any such employee who is required to work in excess of his or her
regularly scheduled work day or work period, as defined above, shall be
compensated at the rate of time and one -half the employee's regular rate
of pay. Computation of overtime and payment for overtime shall comply
with the Department of Labor regulations.
For purposes of overtime calculation, paid leaves of absence shall be
regarded as hours worked. No overtime credit shall be allowed for any
period less than one - quarter hour.
Section C. STRAIGHT OR COMPENSATORY TIME OFF
Overtime compensation shall be in cash or compensatory time off at the
employee's option, subject to the provisions herein below.
An employee may accumulate up to a maximum of 100 hours in his /her
compensatory time off bank. Employees may cash out up to eighty (80)
hours of compensatory time off accrual once per fiscal year, at the regular
rate of pay in effect at which time the employee requests cash out.
Compensatory time off may be taken at the option of the employee subject
to the approval of the Department's designated representative. Outside
reimbursable overtime shall be administered in accordance with the
Manual of the Arcadia Police Department and shall be compensated only
in cash.
Notwithstanding the above, employees who work traffic control
assignments at Santa Anita Race Track related to horse racing shall be
compensated four hours at the rate of time and one -half the employee's
regular rate of pay. An employee who is cancelled from working a traffic
assignment at Santa Anita Race Track with less than 24 hours prior notice
shall receive three hours of straight time at the employee's regular rate of
pay.
An employee who is recalled to the work site after completing a day's
work, including any overtime, shall receive a minimum of two hours of
straight time or time and one -half of the hours actually worked, whatever is
greater. A recalled officer must arrive at the station or the scene of the
event in order to be compensated.
VA
Section D. COURT TIME
When an officer is required by the City to report to court to testify during
the officer's off -duty time, the officer shall receive a minimum of four (4)
hours of straight time or the actual time in court at the appropriate rate,
whichever is greater. If the officer reports during the morning session, is
released by the court but ordered to return after a significant break in time
to testify during the court's afternoon session, the off -duty officer shall be
entitled to receive an additional four (4) hours at straight time or the actual
time in court, whichever is greater. The Court's lunch break shall not
constitute a significant break in time. Lunch breaks are unpaid.
Whenever an officer is placed "on- call" pursuant to a court subpoena while
otherwise off -duty, he shall receive compensation for being "on -call" at the
rate of two (2) hours of straight time pay for each day spent in that status.
However, except as described below, this pay shall not be provided on
any day the officer is called to appear in court and is compensated for that
appearance pursuant to the above paragraph. When an officer, during the
officer's off -duty time, reports to court in the morning and is issued an
"on- call" subpoena for the afternoon, in addition to the four (4) hours at
straight time pay the officer receives for reporting in the morning, the
officer shall receive two (2) hours of straight time pay for that afternoon
session. In the event the officer is called to report to court that afternoon,
the officer shall receive four (4) hours pay at straight time or overtime pay
for the actual time in court, whichever is greater, in lieu of the two (2)
hours of "on- call" pay.
Section E. MOVIE DETAIL
When a full -time sworn member performs overtime duty for movie or other
commercial filming projects for which the City will be reimbursed, he/she
shall be paid at time and one half the regular rate for the actual time
worked or for six (6) hours at straight time, whichever is greater.
When scheduling overtime duty for this purpose, no shift shall be
scheduled for less than six (6) hours unless the total filming day schedule
is less than a six -hour day.
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ARTICLE VIII LONGEVITY PAY
Longevity Pay benefit will be implemented based on the following formula:
Completed Yrs Continuous Service Amount Per Pay Period
5 — 9 Years $ 42.02
10 —14 Years $ 63.04
15 + Years $ 84.06
The Longevity Pay benefit is effective the pay period an employee completes 5, 10 or
15 years of continuous employment with the City. The foregoing amounts shall be
subject to applicable payroll deductions.
ARTICLE IX RETIREMENT
Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011
The City contracts with the State of California Public Employees
Retirement System (PERS) for the classifications of Police Officer and
Police Sergeant. The plan shall include the following options:
1. 3% at age 50 retirement formula (Government Code §21362.2);
2. Single highest year final compensation (Government Code §20042);
3. Post Retirement Survivor Continuance;
4. Credit for unused sick leave (Government Code §20965);
5. 1959 Survivors Benefit for which each employee contributes
ninety -three cents ($.93) per pay period;
6. Third level 1959 Survivors Benefit increased allowance (Government
Code §21573);
7. Military service credit as public service option (Government Code
§21024). It is agreed and understood that the employee is responsible
for paying for this benefit;
8. The City agrees to allow members to participate in a pre -tax payroll
deduction plan for service credit purchases;
9. Provided the employee signs a waiver releasing and holding the City
harmless, from any liability, whatsoever, the City agrees to allow
members to use funds from their deferred compensation (457 plan)
towards the pre -tax payroll deduction plan for service credit purchases;
10. Special compensation items shall be reported to CalPERS in
accordance with applicable law;
11. Employees agree to make contributions to offset a portion of the City's
costs related to CaIPERS retirement benefits. The employee cost -
sharing will be accomplished through pre -tax deductions in the manner
contemplated by Government Code Section 20516(f). The parties
recognize that the IRS has yet to take a position on the pre -tax status
of deductions made under Section 20516(f) and in the event that,
subsequent to the effective date of this provision, the IRS determines
that such deductions do not qualify for pre -tax status, the parties agree
to meet and discuss the effects thereof. The cost - sharing arrangement
will be implemented as follows:
Employees will pay 9% of PERSable compensation to CalPERS
retirement.
12.The City shall continue to pay the full cost of the employees' normal
member contribution to CalPERS of 9% (EPMC) and shall continue to
report that as additional compensation pursuant to Government Code
Section 20636(c)(4). Further, said amount will be allocated to the
employee's retirement account.
13.The Pre - Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), Employees agree to cost —share this benefit with the City
through pre -tax deductions in. the manner contemplated by §20516(f)
of the Government Code. The parties recognize that the IRS has yet
to take a position on the pre -tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not qualify for
pre -tax status, the parties agree to meet and discuss the effects
thereof. It is agreed and understood that both parties shall split the
cost of this optional benefit which was determined to be a total of
.220 %. The cost - sharing arrangement will be implemented as follows:
Employees will pay one and ten hundredths of a percent (.110 %) of
PERSable compensation to CalPERS retirement via payroll
deduction; and the City will pay one and ten hundredths of a
percent (.110 %) of PERSable compensation to CalPERS
retirement.
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE
OCTOBER 9.2011
The City contracts with the State of California Public Employees
Retirement System (PERS) for the classifications of Police Officer and
Police Sergeant. The plan shall include the following options:
1. 3% at age 50 retirement formula (Government Code §21362.2);
2. Single highest year final compensation (Government Code §20042);
3. Post Retirement Survivor Continuance;
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4. Credit for unused sick leave (Government Code §20965);
5. 1959 Survivors Benefit for which each employee contributes
ninety -three cents ($.93) per pay period;
6. Third level 1959 Survivors Benefit increased allowance (Government
Code § 21573);
7. Military service credit as public service option (Government Code
§21024). It is agreed and understood that the employee is responsible
for paying for this benefit;
8. Employee will pay the full nine percent (9 %) member contribution to
CalPERS on a pre -tax basis via payroll deduction;
9. The City agrees to allow members to participate in a pre -tax payroll
deduction plan for service credit purchases;
10. Provided the employee signs a waiver releasing and holding the City
harmless, from any liability, whatsoever, the City agrees to allow
members to use funds from their deferred compensation (457 plan)
towards the pre -tax payroll deduction plan for service credit purchases;
11. Special compensation items shall be reported to CalPERS in
accordance with applicable law; and
12. The Pre - Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), Employees agree to cost —share this benefit with the City
through pre -tax deductions in the manner contemplated by §20516(f)
of the Government Code. The parties recognize that the IRS has yet
to take a position on the pre -tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not qualify for
pre -tax status, the parties agree to meet and discuss the effects
thereof. It is agreed and understood that both parties shall split the
cost of this optional benefit which was determined to be a total of
.220 %. The cost - sharing arrangement will be implemented as follows:
Employees will pay one and ten hundredths of a percent (.110 %) of
PERSable compensation to CalPERS retirement via payroll
deduction; and the City will pay one and ten hundredths of a
percent (.110 %) of PERSable compensation to CalPERS
retirement.
Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9 2011 OTHER THAN
NEW CALPERS MEMBERS
The City contracts with the State of California Public Employees
Retirement System (PERS) for the classifications of Police Officer and
Police Sergeant. The plan shall include the following options:
1. 3% at age 55 retirement formula (Government Code §21363.1);
2. Three (3) year final compensation (Government Code §20037);
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3. Post Retirement Survivor Continuance;
4. Credit for unused sick leave (Government Code §20965);
5. 1959 Survivors Benefit for which each employee contributes
ninety -three cents ($.93) per pay period;
6. Third level 1959 Survivors Benefit increased allowance (Government
Code §21573);
7. Military service credit as public service option (Government Code
§21024). It is agreed and understood that the employee is responsible
for paying for this benefit;
8. Employee will pay the full nine percent (9 %) member contribution to
CalPERS on a pre -tax basis via payroll deduction;
9. The City agrees to allow members to participate in a pre -tax payroll
deduction plan for service credit purchases;
10. Provided the employee signs a waiver releasing and holding the City
harmless, from any liability, whatsoever, the City agrees to allow
members to use funds from their deferred compensation (457 plan)
towards the pre -tax payroll deduction plan for service credit purchases;
11. Special compensation items shall be reported to CalPERS in
accordance with applicable law; and
12. The Pre - Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), Employees agree to cost —share this benefit with the City
through pre -tax deductions in the manner contemplated by §20516(f)
of the Government Code. The parties recognize that the IRS has yet
to take a position on the pre -tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not qualify for
pre -tax status, the parties agree to meet and discuss the effects
thereof. It is agreed and understood that both parties shall split the
cost of this optional benefit which was determined to be a total of
.220 %. The cost - sharing arrangement will be implemented as follows:
Employees will pay one and ten hundredths of a percent (.110 %) of
PERSable compensation to CalPERS retirement via payroll
deduction; and the City will pay one and ten hundredths of a
percent (.110 %) of PERSable compensation to CalPERS
retirement.
Section D. NEW CalPERS MEMBERS HIRED AFTER JANUARY 1, 2013
The City contracts with the State of California Public Employees
Retirement System (PERS) for the classifications of Police Officer and
Police Sergeant. The plan shall include the following options:
1. 2.7% at age 57 retirement formula (Government Code § 7522.25(d));
2. Three (3) year average final compensation period (Government Code
§20037);
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3. Post Retirement Survivor Continuance;
4. Credit for unused sick leave (Government Code §20965);
5. 1959 Survivors Benefit for which each employee contributes
ninety -three cents ($.93) per pay period;
6. Third level 1959 Survivors Benefit increased allowance (Government
Code § 21573);
7. Military service credit as public service option (Government Code
§21024). It is agreed and understood that the employee is responsible
for paying for this benefit;
8. Employee will pay 50% of the normal cost, currently twelve percent
(12 %) member contribution to CalPERS on a pre -tax basis via payroll
deduction (Government Code §7522.30);
9. The City agrees to allow members to participate in a pre -tax payroll
deduction plan for service credit purchases;
10. Provided the employee signs a waiver releasing and holding the City
harmless, from any liability, whatsoever, the City agrees to allow
members to use funds from their deferred compensation (457 plan)
towards the pre -tax payroll deduction plan for service credit purchases;
11. Special compensation items shall be reported to CalPERS in
accordance with applicable law; and
12. The Pre - Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
Benefits), Employees agree to cost —share this benefit with the City
through pre -tax deductions in the manner contemplated by §20516(f)
of the Government Code. The parties recognize that the IRS has yet
to take a position on the pre -tax status of deductions made under
§20516(f) and in the event that, subsequent to the effective date of this
provision, the IRS determines that such deductions do not qualify for
pre -tax status, the parties agree to meet and discuss the effects
thereof. It is agreed and understood that both parties shall split the
cost of this optional benefit which was determined to be a total of
.220 %. The cost - sharing arrangement will be implemented as follows:
Employees will pay one and ten hundredths of a percent (.110 %) of
PERSable compensation to CalPERS retirement via payroll deduction;
and the City will pay one and ten hundredths of a percent (.110 %) of
PERSable compensation to CalPERS retirement.
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ARTICLE X RETIREE MEDICAL BENEFITS
Section A. RETIREE HEALTH - EMPLOYEES HIRED BEFORE JULY 1, 2011
Tier II Retirees. During the term of this Agreement, for employees
hired before July 1, 2011 and retiring from the City on or after
January 1, 2012 ( "Tier II Retirees "), the City agrees to provide a
premium reimbursement to the retiree for the purpose of purchasing
health coverage through CalPERS for the Tier 11 Retiree and his /her
spouse, in an amount not to exceed the following rates: Single - $656;
Employee +Spouse - $1,141 for eligible retirees from the classifications
represented by this Agreement. The Premium Payment shall be
payable in the following form: (1) PEMHCA Minimum contribution
payable directly to CalPERS, and (2) a reimbursement to the Tier 11
Retiree equal to difference between the cost of plan in which the Tier II
Retiree enrolls, subject to the foregoing cap, and the Retiree Minimum
Contribution ( "Reimbursement "). If a retiree enrolls in a more
expensive plan, he /she will be responsible for payment of any premium
in excess of the capped amount. The Reimbursement shall cease for
the Tier .11 Retiree upon eligibility for Medicare coverage, and the
Reimbursement shall cease for the spouse upon eligibility for Medicare
coverage, or after 15 years, whichever occurs first.
Tier 11 Retirees must be "eligible retirees" in order to receive the
benefits described in this paragraph.
2. An "eligible retiree" is a sworn unit member who retires on a service,
disability, or industrial disability retirement and has one thousand
(1,000) hours of accumulated sick leave at the date of retirement. An
employee who has fewer than one thousand (1,000) hours of
accumulated sick leave at the date of retirement may become eligible
for coverage for the employee and spouse health insurance premium
by paying the City an amount equal to his /her daily pay rate at the time
of retirement times the number of days needed to meet the one
thousand (1,000) hours of accumulated sick leave requirement. In
addition, the eligible employee must apply prior to retirement for such
coverage through the City's Human Resources Division. The
Association shall notify the City's Human Resources Division in the
event of the death of a retired member. There are three (3) conditions
for employees to be eligible to exercise this buyback provision.
a. The employee must be at least 50 years old;
b. The employee must have worked full -time continuously for the
City of Arcadia for a minimum of 15 years; and
c. The employee is limited to purchasing a maximum of 350 hours
of sick leave; provided, however, upon verification of information
Section B
ARTICLE XI
from a qualified medical provider that an employee has
substantially depleted the employee's sick leave accrual due to
a an absence or absences caused by a serious illness or injury
suffered by the employee or a family dependent living in the
employee's household, this purchase limitation of 350 hours will
be excused.
3. In order to be eligible for retiree health coverage, the employee, and if
applicable, the employee's spouse, must be enrolled in a
City- sponsored health plan as of the retiree's last day of work and
maintain eligibility to continue in the CaIPERS Health Program as
stipulated by the Health Program.
4. In addition, the eligible employee must apply prior to retirement for
such coverage through the City's Human Resources Division. The
Association shall notify the City's Human Resources Division in the
event of the death of a retired member.
RETIREE HEALTH - EMPLOYEES HIRED ON OR AFTER JULY 1, 2011
Tier III Retirees. For employees hired on or after July 1, 2011 that retire
from the City and who remain enrolled in a CaIPERS health plan after
retirement ( "Tier III Retiree "), the City will pay no more than the PEHMCA
Minimum contribution. Tier III Retirees shall not be reimbursed or
otherwise receive payment from the City for health insurance premiums in
excess of the PEHMCA Minimum contribution.
HEALTH, DENTAL AND LIFE INSURANCE CONTRIBUTIONS
The City shall provide regular full -time employees in a classification
represented by this Agreement with the following contributions:
1. CalPERS Health Program: The City will contribute the minimum
employer contribution required pursuant to Government Code
§22892(b) ( "Minimum Contribution ") per month per employee for
health insurance.
2. Dental Insurance: Mandatory enrollment: The City will contribute the
employee only cost for Delta Care USA insurance per month ( "Dental
Contribution ") toward one of two dental plans. Additional coverage may
be purchased through the Optional Benefits allocation.
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3. Optional Benefits: Subject to the limits set forth herein, the City shall
contribute the remaining amount of employee's health and dental
insurance benefit allowance through a contribution to an Internal
Revenue Code §125 Cafeteria Plan as follows:
(a) Single employees without dependents, hereinafter
referred to as "Employee Only," shall receive a
contribution from the City, inclusive of the Minimum
Contribution and Dental Contribution, toward the cost of
premiums not to exceed $662 /month.
(b) Employees with one qualified dependent, hereinafter
referred to as "Employee + 1," shall receive a contribution
from the City, inclusive of the Minimum Contribution and
Dental Contribution, toward the cost of premiums not to
exceed $897 /month.
(c) Employees with two or more qualified dependents,
hereinafter referred to as "Family," shall receive a
contribution from the City, inclusive of the Minimum
Contribution and Dental Contribution, toward the cost of
premiums not to exceed $1,041 /month.
Beginning July 1, 2015 the benefit allowance rates shall be
improved to the following amounts:
(a) Single employees without dependents, hereinafter
referred to as "Employee Only," shall receive a
contribution from the City, inclusive of the Minimum
Contribution and Dental Contribution, toward the cost of
premiums not to exceed $695 /month.
(b) Employees with one qualified dependent, hereinafter
referred to as "Employee + 1," shall receive a contribution
from the City, inclusive of the Minimum Contribution and
Dental Contribution, toward the cost of premiums not to
exceed $930 /month.
(c) Employees with two or more qualified dependents,
hereinafter referred to as "Family," shall receive a
contribution from the City, inclusive of the Minimum
Contribution and Dental Contribution, toward the cost of
premiums not to exceed $1,074 /month.
Beginning July 1, 2016 the benefit allowance rates shall be
improved to the following amounts:
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(a) Single employees without dependents, hereinafter
referred to as "Employee Only," shall receive a
contribution from the City, inclusive of the . Minimum
Contribution and Dental Contribution, toward the cost of
premiums not to exceed $761 /month.
(b) Employees with one qualified dependent, hereinafter
referred to as "Employee + 1," shall receive a contribution
from the City, inclusive of the Minimum Contribution and
Dental Contribution, toward the cost of premiums not to
exceed $996 /month.
(c) Employees with two or more qualified dependents,
hereinafter referred to as "Family," shall receive a
contribution from the City, inclusive of the Minimum
Contribution and Dental Contribution, toward the cost of
premiums not to exceed $1,140 /month.
If the premium cost of the health and dental plans in which an
employee enrolls exceeds the City's benefit contribution, the employee
shall pay through payroll deduction the difference between the monthly
premium and the amount contributed by the City. The employee shall
forfeit any balance should the City's contribution exceed the cost of the
premiums.
The employee's exercise of the option to use the difference toward
dependent health coverage is subject to the conditions controlling
enrollment periods and eligibility established by the respective plans or
carriers.
Dependent enrollment will require proof of eligibility for dependent
status including social security number, marriage, birth and /or adoption
certificates.
4. Life Insurance: The City shall provide a $25,000 Life & AD &D benefit
for eligible employees.
5. Vision Plan: The City shall provide each employee with a vision plan,
with the City paying the premium in fiscal years FY 14 -15, FY 15 -16,
FY 16 -17, and FY17 -18. The vision plan will be Vision Service Plan,
Option B. The City will pay the premium up to the cost of the family
plan.
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ARTICLE XII DISABILITY INCOME INSURANCE
The City shall provide disability income insurance up to a maximum total monthly
payment of $14.18 per employee, covered by this agreement during the life of the
agreement.
ARTICLE XIII EMPLOYEE PHYSICALS
Unit members shall receive a comprehensive physical examination during the term of
this agreement.
The City shall establish the terms of the physical examinations. Examinations shall be
on an annual basis for sworn members of classifications represented by this agreement
who are 40 years of age or over. Examinations shall be on a biennial basis for sworn
members of classifications represented by this agreement who are under 40 years of
age. Once those terms have been established by the City, neither party shall be
prevented from seeking, through the meet and confer process, changes to become
effective at the expiration of this agreement.
ARTICLE XIV UNIFORMS
Section A. For the classifications of Police Officer and Police Sergeant, in addition to
the City's initial uniform issue, there shall be a Uniform Replacement
Program for the following items: shirts, trousers, and shoes.
Section B. The program shall be administered by, and at the direction of the City, for
the purpose of providing replacement of worn items and items damaged in
the line of duty only.
Section C. The Police Chief or designee shall meet with APOA representatives for
the purpose of identifying uniform and safety related equipment that may
be purchased through the Department's Uniform Replacement Program. A
list of optional items will be developed that represented employees may
purchase.
Each Police Officer and Police Sergeant shall be provided a $750.00
check at the beginning of each fiscal year to spend on optional safety
equipment, shoes and boots. Any safety equipment reimbursement made
during the year shall be deducted from this allowance. New employees
who start mid -year shall have this allowance pro -rated quarterly based on
their date of hire.
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Section D. Detectives, Community and Youth Services Personnel and the individual
assigned to Personnel and Training may be reimbursed up to a maximum
of $300 during the first consecutive 12 months of the assignment and
during each successive 12 months of the assignment each for the
purchase of sports coat, slacks, dress 'shirts, ties and suits in lieu of the
shirt and trousers uniform replacement program referred to in Section A
above. Reimbursement shall be provided after the employee provides the
Department with original proof of purchase receipts. All employees shall
maintain a regular uniform in the event that duties require it.
The reimbursement(s) shall not be considered as salary or compensation
and shall not be taken into consideration in computing overtime, or
payment for leave of any kind or for the computation of any supplemental
benefit.
ARTICLE XV TUITION REIMBURSEMENT
Employees shall be eligible for tuition advancement or reimbursement who have
completed at least one probationary period in the Classified Service, or one year of
continuous service if employment is "at- will," subject to the conditions below. To qualify
for tuition advancement/reimbursement, a Tuition Loan/ Reimbursement Form must. be
submitted and pre- approved by the employee's Department Head and Human
Resources Administrator, before the course(s) begin.
Tuition loan or reimbursement shall only be for courses, specialized training, or degree
programs "job- related" that are directly related to the employee's position as determined
by the City Manager or designee.
The Tuition Loan /Reimbursement Program will operate on a fiscal year basis (July 1
through June 30) and shall be subject to the availability of funds as determined by the
City. The maximum loan or reimbursement amount shall be $4,126 for undergraduate
courses and $5,062 for graduate courses. Eligible fees include tuition, on campus
parking fees and textbooks. All other fees are subject to approval by the City. School
supplies are not reimbursable. Permanent part-time employees shall receive one -half
of the benefit.
All course work must be completed while employed by the City of Arcadia with a
passing grade of "C" or equivalent when numerical score or pass /fail grade is given. If
the employee either does not receive a "C" or better or for any reason does not finish
the class, the advance is due and payable.
Any employee who shall voluntarily retire or terminate employment or be terminated for
disciplinary cause within one year from the completion of a class or classes shall refund
all tuition paid under this provision for those specific classes unless they were required
to attend by the appointing power. An employee who separates employment and who
received tuition advancement and did not complete a class or classes within
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one (1) year from the advancement, shall refund all tuition advanced and be subject to
the provisions outlined in the Advanced Tuition Participation and Loan Agreement.
Employees who retire on a Disability or Industrial Disability Retirement, or are laid off
shall not be required to refund tuition fees.
The City reserves the right to investigate any school and approve or disapprove it for
advancement or reimbursement if such action appears warranted. Courses must be
taken at an accredited education institution, which is defined as any college or university
which has been accredited by a recognized government or professional accrediting
body (as determined by the City). Additionally, the City reserves the right to deny any
course(s), specialized training or degree programs determined by the City Manager to
be non job related.
ARTICLE XVI LEAVES
Section A. In accordance with the current Personnel Rules and Regulations of the
City of Arcadia, all leaves for classifications represented by this agreement
shall be provided for as follows:
Section B. POWER TO GRANT LEAVES
Upon the written request of an employee stating the reasons therefore, the
appointing power with the approval of the City Manager shall have power
to grant leaves of absence with or without pay subject to the following
restrictions:
1. Length — leave of absence without pay may be granted for a period not
to exceed one year with the exception that military leaves may be
granted for the duration of a war or national emergency or as required
by the Military and Veterans' code.
2. Reason — a leave of absence may be granted an employee, provided
he meets all other requirements set forth in this rule, who desires to
attend school or college or to enter training to improve the quality of his
service, who enters military service of the United States, who is
temporarily incapacitated by illness, or who presents some other
reasons equally satisfactory.
3. Right to Return — the granting of a leave of absence without pay
confers upon the employee the right to return to his classification
before or at the expiration of his leave of absence. Therefore, a leave
of absence shall be granted only to an employee who intends to return
to his classification with the City.
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4. Service Record — no request for leave of absence will be considered
unless the employee presenting the request has a satisfactory service
record.
5. An employee granted a leave of absence may be required by the
appointing power or the City Manager to successfully pass a medical
examination prior to being allowed to return to work.
6. The granting of a leave of absence of thirty days or less, with or
without pay, shall not constitute an interruption of service within the
meaning of this subsection. The granting of a leave of absence with or
without pay of more than thirty days shall constitute an interruption of
service unless, in the action granting such leave of absence, it is
provided that such leave of absence shall not constitute an interruption
of service.
Section C. MILITARY LEAVE
Any employee who is a member of the reserve corps of the armed forces
of the United States or of the National Guard or the Navy Militia shall be
entitled to a temporary military leave of absence as provided by applicable
Federal law and applicable California State law.
To be eligible for paid leave for thirty (30) calendar days of active military
training, an employee must have been employed by the City for a period
of not less than one (1) year immediately prior to the day on which the
leave of absence begins. If the employee has not been employed for a
period of one year, the leave shall be granted without pay. Pay shall not
exceed thirty (30) calendar days in any one (1) fiscal year.
An employee on paid military leave shall continue to accrue vacation, sick
leave, seniority and /or holiday in the same manner as the employee would
have, had the employee been in a work status.
To be eligible to receive the leave, an employee must submit a request in
writing with a copy of his /her military orders to his /her immediate
supervisor for processing.
Military and Veteran's Code § §395, 395.01(a), 564 and 566 set forth
provisions for state military reserve personnel employed by public
employers are statutorily entitled to up to 180 days of temporary military
leave for active duty activities with up to 30 days of paid military leave
each fiscal year. When placed on state active duty this is ordered active
duty, which entitles the employee to paid military leave.
State military reserve personnel also generally have a right to extended
leaves of absence and a right to re- employment after lengthy periods of
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ordered duty when called to active duty in certain emergency
circumstances and public employees are entitled to receive their pay from
their public employer for the first thirty (30) days of that period of active
military and veteran's code § §143, 146, 395, 395.05, 395.06 and 566.
Before leaving for an extended leave (181 days or more), the employee
must notify the city of his or her intention to return to work upon the
completion of the active duty service. Employees will have ninety (90)
days from completion of extended active service to report back to work to
resume their duties, must submit to the City a copy of the honorable
discharge papers, and pass a medical exam.
Additional military leave provisions were adopted by Council on
November 20, 2001, in Resolution 6268. For military leave covered by this
Resolution, the City will maintain the difference between the employee's
City salary and benefits of the employee while on active military duty.
Although a military leave of absence is not considered a break in service
in relation to seniority, if the employee wishes to have their extended
military service time credited toward CalPERS, the employee may buy
back credit for their leave of absence for active military service through
CalPERS as CalPERS has determined that payments while on such
service are not reportable for retirement purposes.
This leave provision does not apply to employees who are drafted or
receive orders to military duty for periods longer than 180 calendar days.
Employee's rights to return to vacant positions after an absence that
exceeds 180 calendar days shall be governed by the applicable federal
and state law.
Section D. VACATION LEAVE
Employees in the classifications of Police Officer and Police Sergeant,
with the exception of temporary appointments, shall accumulate vacation:
beginning with the first full pay period of employment at the rate of
4.61 hours per pay period during the first five years of continuous full time
employment with the City; at the rate of 6.15 hours per pay period after the
completion of five years of continuous full time employment with the City;
at the rate of 6.77 hours per pay period after the completion of ten years of
continuous full time employment with the City; and at the rate of 7.69
hours per pay period after the completion of fifteen years of continuous full
time employment with the City.
Vacation may not be accumulated beyond the amount accumulable for a
sixty -five (65) pay period basis. Once an employee has accumulated this
amount, no more vacation will be accrued by the employee until the
employee's accrual has been reduced below this maximum amount.
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When through work circumstances and needs of the job, an employee has
been unable to utilize vacation time and this has not been a pattern or
past practice for that employee, the City Manager for good cause may
approve excess accumulated vacation, provided the employee reduces
the total below the allowable maximum within six (6) months.
An employee who has previously requested and was granted approval of
vacation leave for use during the last three (3) months of the calendar
year and is unable to utilize such leave because of the City's cancellation
of leave shall be allowed to carry over the excess leave time into the next
three (3) months of the new calendar year, if rescheduling of the vacation
leave is not possible.
Upon termination, vacation used shall be pro -rated against vacation
earned. Every City employee who leaves the City employ for any reason
shall be granted all accumulated vacation or shall be paid therefore at
his /her rate of compensation applicable at the time he /she leaves the City
employ. If an employee works fifty percent (50 %) of the final pay period,
the employee shall receive credit for that pay period's vacation. If an
employee works less than fifty percent (50 %) of the pay period, the
employee accrues nothing.
Employees may elect to sell back vacation during a calendar year equal to
the amount of vacation taken during the year, by the date of the request,
not to exceed a maximum of 80 hours in the calendar year, at the regular
rate of pay used for purposes of the Fair Labor Standards Act at the time
the employee request.
Section E. SICK LEAVE
All employees in classifications represented by this agreement with the
exception of temporary appointments, shall accrue sick leave beginning
with the first full pay period of employment on the basis of 3.69 hours for
each pay period of service completed with the City. Sworn employees may
accumulate up to a-maximum of 1,600 hours sick leave.
Sick leave means authorized absence from duty of an employee who is
temporarily disabled and unable to work due to a medical condition or due
to a scheduled medical or dental appointment during regular working
hours. Every effort shall be made to schedule appointments during non-
working hours.
Sick leave may be used by an employee when their attendance upon a
member of the employee's family dependent who is seriously ill and
requiring the care and attendance of such employee. Sick leave may also
be used when the employee's family dependent requires the employee's
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presence at the dependents medical or dental appointment during regular
working hours. Every effort shall be made to schedule appointments
during non - working hours.
Family dependents shall include only dependents currently residing in the
employee's household or the employee's minor children.
Sick leave may be used by an employee in accordance with paragraph 2
and 3 above. Any employee when off -duty as a result of personal or family
illness shall report the fact immediately to his supervisor, or to the officer
then in charge at the department, giving the nature of the illness or
circumstances relative to his absence.
While absent from duty because of sickness or disability, the Officer shall
remain at their residence or place of confinement unless otherwise
authorized by a physician or his supervisor.
The term "immediately" means that the employee or someone acting for
the employee shall notify the department as soon as it becomes apparent
that the employee will not be able to report for duty.
An employee represented by this agreement, with the exception of
temporary appointments, may be granted a leave of absence with pay
upon approval of the Police Chief and the City Manager at the time of
death, or where death appears imminent, in the immediate family, defined
as the spouse, the employee's or employee's spouse's mother,
stepmother or father, stepfather, brother or sister, child or stepchild,
grandparents, grandchildren, or any relative of the employee or
employee's spouse residing in the same household. Such leave, up to a
maximum of three (3) working days at one time, shall not be charged
against sick or other leave. If over three (3) working days of such leave is
granted, at one time, that amount over three (3) days shall be charged
against sick or other leave.
The Police Chief and the City Manager may require evidence of the
reason for any employee's absence during the time for which sick leave is
requested. If the employee fails to provide such evidence as required by
the Police Department and within the time limit specified by the
Department, the absence will be charged to leave without pay.
The Police Chief and City Manager may deny or revoke sick leave if the
illness or injury for which it is taken is caused or substantially aggravated
by compensated outside employment.
If an employee works fifty percent (50 %) of the final pay period, the
employee shall receive credit for that pay period's sick leave. If an
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employee works less than fifty percent (50 %) of the pay period, the
employee accrues nothing.
Section F. WORKERS' COMPENSATION
In those instances where an employee of the City of Arcadia is injured on
duty and the injury is so recognized by the Workers' Compensation Act by
the City of Arcadia or the Workers' Compensation Appeals Board, such
employee shall be paid a combination of salary and Workers'
Compensation equal to his regular salary rate for such time as he is
absent from duty because of such injury up to a maximum of one year
from and after date of such injury. Lost time due to an injury on duty shall
not be charged against an employee's accumulated sick leave.
Section G. HOLIDAYS
Employees in the classifications of Police Officer and Police Sergeant
shall receive eight (8) hours of "Holiday -In- Lieu -Pay" for the following
holidays:
New Year's Day
Labor Day
Martin Luther King Jr. Day
Admission Day
Washington's Birthday
Veteran's Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
The 80 hours of annual Holiday -In -Lieu Pay must be cashed out (not to be
used for time off) prior to the end of each fiscal year, and is intended as
additional compensation for employees. The cashed out holiday pay shall
be paid out at the employee's regular rate of pay used for the purposes of
the Fair Labor Standards Act at the time of the employee's request.
Section H. JURY LEAVE
When a City employee is called or required to serve as a juror, attendance
shall be deemed a leave of absence with full pay not to exceed 10 days
per year. The employee shall remit to the City all fees received except
mileage.
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Section I. WITNESS LEAVE
An employee who is subpoenaed or required to appear in Court as a
witness shall be deemed to be on a leave of absence. With approval of the
appointing power and City Manager, the employee may be granted leave
with pay during the required absence. The employee shall remit to the City
fees received except mileage.
A paid leave of absence shall not be granted for time spent in Court on
personal cases.
Section J. UNAUTHORIZED ABSENCE
Unauthorized leaves of absence are cause for immediate dismissal.
ARTICLE XVII PROBATIONARY PERIOD
Section A. The probationary period is part of the examination process. It is a work -
test period during which the employee's performance and conduct on the
job are evaluated to determine whether or not the employee is fully
qualified for permanent appointment.
During the probationary period, a probationer may be released, or
demoted if permanent status is held in a lower classification, without the
right of appeal, if the appointing power deems the probationer unfit or
unsatisfactory for service.
When a provisional appointment is made to a probationary position and
subsequently the appointee is appointed to the position as a probationary
employee, with no time interval between the provisional and probationary
appointment, the "employment date" as herein defined, shall be the date
first appointed on a provisional basis.
Section B. All eligible candidates appointed to a position from an open competitive
examination and who are not currently employed in a permanent position
shall be on probation for eighteen months before attaining permanent
status.
Section C. Eligible candidates appointed from a promotional list shall be on probation
for twelve months before attaining permanent status.
ARTICLE XVIII RESPONSE TIME
Due to the emergency requirements of prompt response time, all sworn members of the
unit must live within a fifty (50) mile radius of the Police Station.
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ARTICLE XIX PATROL WORK SCHEDULE AND TRAINING SCHEDULE
Officers in patrol will be assigned a 3/12 work schedule. Police management and APOA
representatives shall meet as needed to review and make adjustments to ensure
efficient and effective patrol operations. Final approval of all adjustments to the 3/12
work schedule rests with the Police Chief.
ARTICLE XX UTILIZATION OF RESERVE POLICE OFFICERS
The City of Arcadia and the Arcadia Police Officers' Association (APOA) agree to the
utilization of reserve police officers in specified circumstances to augment staffing
needs. The assignment of single - person reserve officers to patrol, detective, race track
posts, movie details, or outside reimbursable assignments would only be made once
regular officers have had an opportunity per department practice to voluntarily sign -up
for these details. Prior to a force -hire situation, a qualified reserve officer may be called
to work the detail. Should a reserve officer not be available, the normal force hire
situation would apply to regular officers.
ARTICLE XXI EMPLOYEE GRIEVANCES
Section A. DEFINITIONS
a. Grievance
A grievance is an allegation by an employee(s) of a misinterpretation
or misapplication of any express provision of the applicable
Memorandum of Understanding or City and /or Department Personnel
Rules and Regulations where there is no other specific method of
review provided by City law.
b. Grievant
An employee or group of employees in the classified service adversely
affected by an act or omission by the City allegedly in violation of an
express provision of the Memorandum of Understanding or City and /or
Department Personnel Rules and Regulations.
c. Department Head
The department head or designee.
d. Workday
A work day is any day the City offices are regularly open for business.
e. Exclusions from the Grievance Procedure:
1. The procedure is not to be used for the purpose of changing
wages, hours and working conditions. Allegations involving
wages, hours and working conditions may thus be grieved only
27
Section B
Section C
if the grievance involves a misapplication or misinterpretation of
an express provision of the MOU or a City /Department
Personnel Rules and Regulations.
2. The procedure is not intended to be used to challenge the
content of employee evaluations or performance reviews.
Allegations that the City has failed to comply with an evaluation
procedure set forth in a specific provision of the MOU and /or
City /Department Personnel Rules and Regulations are
grievable.
3. The procedure is not intended to be used to challenge a
reclassification, layoff, transfer, denial of reinstatement, or
denial of a step or merit increase. Notwithstanding the above, if
the process used to reach the foregoing decisions is not in
compliance with an express provision of the MOU and /or
City /Department Personnel Rules and Regulations, a grievance
may be filed.
4. The procedure is not intended to be used in cases of oral or
written reprimand, demotion, suspension, removal or other
disciplinary action. Appeals of disciplinary actions are covered
by the City's Personnel Rules and Regulations.
5. The procedure is not to be used to challenge examinations or
appointment to positions. Notwithstanding the above, if the
process used to reach the foregoing decisions is not in
compliance with an express provision of the MOU and /or
City /Department Personnel Rules and Regulations, a grievance
may be filed.
TIMELINESS
The grievance must be filed by the employee within the timelines set forth
herein. Failure of the employee to file the initial grievance or process the
grievance from one level to another in a timely manner is a forfeiture of the
grievance and the grievance will not be processed further.
If the City fails to respond in a timely manner, the employee may proceed
to the next level.
EMPLOYEE REPRESENTATION
The employee may be represented by a person of his or her choice to
prepare and present the grievance. The employee may use a reasonable
amount of released time to process the grievance. The release time must
be approved by the Department Head.
28
Section D. INFORMAL GRIEVANCE PROCEDURE
Within fifteen (15) working days following the event, or within fifteen (15)
working days after the employee should reasonably have known of the
event, the employee should attempt to resolve the grievance on an
informal basis by discussion with his or her immediate supervisor.
Section E. FORMAL GRIEVANCE PROCEDURE
a. First Level of Review: Next Level Supervisor
If the employee is not able to resolve the grievance after discussion
with his or her immediate supervisor, within ten (10) working days after
the informal discussion with the immediate supervisor, the employee
shall present the grievance in writing to the next level supervisor on the
official City grievance form setting forth the following information:
1. The specific section of the rules or MOU allegedly violated.
2. The specific act or omission which gave rise to the alleged
violation.
3. The date or dates on which the violation occurred.
4. Documents, witnesses or evidence in support of the
grievance.
5. The resolution of the grievance at the informal stage.
6. The remedy requested.
A copy of the grievance shall be provided to the Human Resources
Division of the Administrative Services Department concurrently with
presentation to the immediate supervisor.
The next level supervisor shall render a decision in writing, on the
grievance form, within ten (10) working days after receiving the grievance.
b. Department Head Review
If the employee does not agree with the decision of the next level
supervisor, within ten (10) working days after receiving the next level
supervisor's decision or twenty (20) days from the date the next level
supervisor received the grievance but failed to issue a decision, the
employee shall present the grievance in writing, on the grievance form,
to the department head.
The department head may require the employee and the immediate
supervisor to attend a grievance meeting. The department head shall
communicate a decision in writing within ten (10) working days of
receiving the grievance or within ten (10) working days of holding a
grievance meeting whichever is longer.
29
c. Human Resources Administrator
If the employee is not in agreement with the decision reached by the
department head, within ten (10) working days after receiving the
department head's decision or twenty (20) days from the date the
department administrator received the grievance but failed to issue a
decision, the employee shall present the grievance in writing to the
Human Resources Administrator on the official City grievance form.
The Human Resources Administrator may require the employee and
the immediate supervisor to attend a grievance meeting. The Human
Resources Administrator shall communicate a decision in writing within
ten (10) working days of receiving the grievance or the holding of a
grievance meeting whichever is longer.
d. Human Resources Commission
If the employee is not in agreement with the decision of the Human
Resources Administrator or if the Human Resources Administrator has
failed to respond, the employee shall present the grievance to the
Human Resources Commission within ten (10) working days from the
date of receipt of the Human Resources Administrator's decision or
twenty (20) working days from the date the Human Resources
Administrator received the grievance but failed to issue a decision.
Section F. APPEAL TO HUMAN RESOURCES COMMISSION
a. Scheduling of Hearing
Upon receipt of the request for an appeal, the City shall, within thirty
(30) working days, transmit the appeal to the Human Resources
Commission. The Commission shall schedule a hearing. The appeal
hearing shall be set not less than twenty (20) working days nor more
than sixty (60) working days from the date of the filing of the appeal. All
interested parties shall be notified in writing of the date, time, and place
of the hearing at least ten (10) working days prior to the hearing.
b. Public Hearings
All hearings shall be open to the public.
c. Pre - Hearing Procedure:
1. Subpoenas
The Human Resources Commission is authorized to issue
subpoenas at the request of either party prior to the
commencement of the hearing. After the commencement of the
hearing, subpoenas shall be issued by the Commission only for
good cause. Each party will prepare their own subpoenas and
present them to the Human Resources Division of the
Administrative Services Department and the other party. The
30
Human Resources Division of the Administrative Services
Department will issue the subpoenas. The Human Resources
Division of the Administrative Services Department will serve
subpoenas for current City employees. It will be the responsibility of
the employee or the City to serve subpoenas on individuals who
are not currently employed by the City. It will be the responsibility of
the employee and the City to submit the written request for
subpoenas at least ten (10) working days before the date of the
hearing.
2. Exhibits and Witness Lists
Five (5) working days prior to the date set for the hearing, each
party shall serve upon the other party and submit to the Human
Resources Division of the Administrative Services Department a list
of all witnesses and a list and copy of all exhibits. An original and
nine (9) copies of the exhibits shall be presented to the Human
Resources Division of the Administrative Services Department in 3
hole notebooks which are tabbed down the side with the exhibit
numbers. The employer's exhibits shall be designated by number.
The employee's exhibits shall be designated by alphabetical letter.
Neither party will be permitted to call during the hearing, a witness
not identified pursuant to this section nor use any exhibit not
provided pursuant to this section unless that party can show that
they could not reasonably have anticipated the prior need for such
witness or such exhibit.
3. Statement of Issues
Five (5) working days prior to the date set for the hearing, each
party shall submit to the Human Resources Division of the
Administrative Services Department a Statement of Issues.
d. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human
Resources Division of the Administrative Services Department shall
present each member of the Human Resources Commission with a
copy of the jurisdictional documents. Those documents include the
grievance documents at each level and the responses to the
grievance.
e. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during working
hours will be released with pay to appear at the hearing. The
Commission may direct that these employees remain on call until
called to testify. Employees who are subpoenaed to testify during non-
working hours will be compensated for the time they actually testify,
unless the City agrees to a different arrangement.
31
f. Conduct of the Hearing
1. The hearing need not be conducted in accordance with technical
rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the
truth.
2. Any relevant evidence may be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common law or statutory rules which might make improper the
admission of such evidence over objection in civil actions.
3. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence that shall not be sufficient in itself
to support a finding unless it would be admissible over objection in
civil actions.
4. The rules dealing with privileges shall be effective to the same
extent that they are now or hereafter may be recognized in civil
actions.
5. Irrelevant and unduly repetitious evidence may be excluded.
6. The Human Resources Commission shall determine relevancy,
weight and credibility of testimony and evidence. Decisions made
by the Commission shall not be invalidated by any informality in the
proceedings.
7. During examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either
party.
8. The Human Resources Commission may conduct the hearing or
delegate evidentiary and /or procedural rulings to its legal counsel.
g. Burden of Proof
In a grievance appeal the grievant has the burden of proof by
preponderance of the evidence.
h. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is not
ready and wishes a continuance, good cause must be stated. Any
request for a continuance must be made in writing and submitted prior
to the hearing to all parties. Before requesting a continuance, the
moving party shall contact all parties to determine if there is any
opposition to the continuance and shall state in its request if there is
opposition.
32
i. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering testimony
at the hearing. The chairperson will request the witnesses to raise their
right hand and respond to the following:
"Do you swear that the testimony you are about to give at this hearing
is the truth, the whole truth and nothing but the truth ?"
Presentation of the Case
The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise:
1. The Human Resources Commission Chair shall announce the
issues after a review of the statement of issues presented by each
party.
2. The grievant (employee) shall be permitted to make an opening
statement.
3. The respondent (City) shall be permitted to make an opening
statement, or reserve an opening statement until presentation of its
case.
4. The grievant shall produce his /her evidence.
5. The respondent may then offer its evidence.
6. The grievant followed by the respondent may offer rebutting
evidence.
7. Closing arguments shall be permitted at the discretion of the
Human Resources Commission. The party with the burden of proof,
shall have the right to go first and to close the hearing by making
the last argument. The Commission may place a time limit on
closing arguments. The Commission or the parties may request the
submission of written briefs. After the request for submittal of
written briefs, the Commission will determine whether to allow the
parties to submit written briefs and determine the number of pages
of said briefs.
k. Procedure for the Parties: The party representing the department and
the party representing the employee will address their remarks,
including objections, to the Chair of the Human Resources
Commission. Objections may be ruled upon summarily or argument
may be permitted. The Chair reserves the right to terminate argument
at any time and issue a ruling regarding an objection or any other
matter, and thereafter the representatives shall continue with the
presentation of their case.
33
Right to Control Proceedings: While the parties are generally free to
present their case in the order that they prefer, the Chair reserves the
right to control the proceedings, including, but not limited to, altering
the order of witnesses, limiting redundant or irrelevant testimony, or by
the direct questioning of witnesses.
m. Hearing Demeanor and Behavior: All parties and their attorneys or
representatives shall not, by written submission or oral presentation,
disparage the intelligence, ethics, morals, integrity or personal
behavior of their adversaries or members of the Commission.
n. Deliberation Upon the Case: The Commission will consider all oral and
documentary evidence, the credibility of witnesses, and other
appropriate factors in reaching their decision. The Commission may
deliberate at the close of the hearing in closed session or at a later
fixed date and time not to exceed ten (10) working days.
o. Recommended Decision: The Human Resources Commission shall
render its recommendations as soon after the conclusion of the
hearing as possible, and no event, later than ten (10) working days
after concluding the hearing, unless otherwise stipulated to by the
parties. The recommended decision shall include an explanation of the
basis for the decision.
The Human Resources Commission shall not be polled as to their
decision by the grievant or the grievant's counsel.
p. Recommendation to the City Manager. The decision of the Human
Resources Commission is advisory to the City Manager. The proposed
decision shall be provided to the grievant and the City Manager.
Either the employee or the department may file a written appeal to the
proposed decision, by filing exceptions thereto with the Human
Resources Administrator within ten (10) working days of receipt of the
Commission's recommended decision.
The party desiring to contest the recommended decision of the
Commission may also request a transcript for review by the City
Manager within ten (10) working days of the Commission's decision. If
the appealing party requests a transcript, that party shall pay the cost
of the transcript.
34
q. Final Action by City Manager. Within ten (10) working days of the filing
of exceptions, or within ten (10) working days of receipt of the
transcript, the City Manager shall review the decision of the
Commission, any exceptions filed, and a record, if one is requested.
The decision of the City Manager shall be final. The decision shall be
transmitted to the employee and to the department head.
Section G. DISCIPLINARY APPEAL TO HUMAN RESOURCES COMMISSION
The appeal procedure described herein shall apply only to cases of
disciplinary written reprimands, reductions in pay, transfers for purpose of
punishment, suspensions, demotions and removal affecting permanent
employees within the classified service.
Request for Hearing: Within ten (10) working days after final notice of
written reprimand, reduction in pay, transfer for purpose of punishment,
suspension, demotion or removal, the employee or the employee's
representative may file an appeal in writing with the City Clerk. If,
within the ten (10) day appeal period, the employee does not file said
appeal, unless good cause for the failure is shown, the action of the
City shall be considered conclusive and shall take effect as prescribed.
The appeal shall include the following:
a. An admission or denial of each charge set forth in the final notice,
with an explanation why the charge is admitted or denied.
b. A statement of any affirmative defenses
c. A statement that the employee disagrees with the penalty with an
explanation of the employee's position.
d. The employee's current address
e. A request for a hearing
Failure to provide this information may result in the appeal not being
processed.
2. Scheduling of Hearing
Upon receipt of the request for an appeal, the City Clerk shall, within
thirty (30) working days, transmit the appeal to the Human Resources
Commission. The Commission shall schedule a hearing. The appeal
hearing shall be set not less than twenty (20) working days nor more
than sixty (60) working days from the date of the filing of the appeal. All
interested parties shall be notified in writing of the date, time, and place
of the hearing at least ten (10) working days prior to the hearing.
35
3. Private or Public Hearings
All hearings shall be private; provided that the employee may request a
hearing open to the public. Any request for an open hearing shall be
submitted five (5) working days prior to the hearing date or the hearing
will be closed.
4. Pre - Hearing Procedure
a. Subpoenas
The Human Resources Commission is authorized to issue
subpoenas at the request of either party prior to the
commencement of the hearing. After the commencement of the
hearing, subpoenas shall be issued by the Commission only for
good cause. Each party will prepare their own subpoenas and
present them to the Human Resources Division of the
Administrative Services Department and the other party. The
Human Resources Division of the Administrative Services
Department will issue the subpoenas. The Human Resources
Division of the Administrative Services Department will serve
subpoenas for current city employees. It will be the responsibility of
the employee or the City to serve subpoenas on individuals who
are not currently employed by the city. It will be the responsibility of
the employee and the city to submit the written request for
subpoenas at least ten (10) working days before the date of the
hearing.
b. Exhibits and Witness Lists: Five (5) working days prior to the date
set for the hearing, each party shall serve upon the other party and
submit to the Human Resources Division of the Administrative
Services Department a list of all witnesses and a list and copy of all
exhibits. An original and nine (9) copies of the exhibits shall be
presented to the Human Resources Division of the Administrative
Services Department in 3 hole notebooks which are tabbed down
the side with the exhibit numbers. The employer's exhibits shall be
designated by number. The employee's exhibits shall be
designated by alphabetical letter. Neither party will be permitted to
call during the hearing, a witness not identified pursuant to this
section nor use any exhibit not provided pursuant to this section
unless that party can show that they could not reasonably have
anticipated the prior need for such witness or such exhibit.
c. Statement of Issues: Five (5) working days prior to the date set for
the hearing, each party shall submit to the Human Resources
Division of the Administrative Services Department a Statement of
Issues.
OV
5. Submission to the Human Resources Commission
Five (5) working days prior to the date set for the hearing, the Human
Resources Division of the Administrative Services Department shall
present each member of the Human Resources Commission with a
copy of the jurisdictional documents. Those documents include the
notice of intent to take disciplinary action, the final notice of disciplinary
action and any response from the employee to these documents as
well as the statement of issues submitted by both parties. The
Commission shall not be provided with copies of the exhibits.
6. Record of Proceedinqs and Costs:
a. Court Reporter
All disciplinary appeal hearings may, at the discretion of either party
or the Commission, be recorded by a court reporter. Any hearing
which does not utilize a court reporter shall be recorded by audio
tapes. If a court reporter is requested by either party, that party
shall pay the cost of the court reporter. If both parties request a
court reporter the cost will be split equally. If the Commission
requests the court reporter, the City shall pay the cost of the
reporter.
b. Payment of Employee Witnesses
Employees of the City who are subpoenaed to testify during
working hours will be released with pay to appear at the hearing.
The Commission may direct that these employees remain on call
until called to testify. Employees who are subpoenaed to testify
during non - working hours will be compensated for the time they
actually testify, unless the City agrees to a different arrangement.
7. Conduct of the Hearing
a. The hearing need not be conducted in accordance with technical
rules relating to evidence and witnesses but hearings shall be
conducted in a manner most conducive to determination of the
truth.
b. Any relevant evidence may be admitted if it is the type of evidence
on which responsible persons are accustomed to rely in the
conduct of serious affairs, regardless of the existence of any
common -law or statutory rules which might make improper the
admission of such evidence over objection in civil actions.
c. Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence that shall not be sufficient in itself
to support a finding unless it would be admissible over objection in
civil actions.
37
d. The rules dealing with privileges shall be effective to the same
extent that they are now or hereafter may be recognized in civil
actions.
e. Irrelevant and unduly repetitious evidence may be excluded.
f. The Human Resources Commission shall determine relevancy,
weight and credibility of testimony and evidence. Decisions made
by the Commission shall not be invalidated by any informality in the
proceedings.
g. During examination of a witness, all other witnesses, except the
parties, shall be excluded from the hearing upon motion of either
party.
h. The Human Resources Commission may conduct the hearing or
delegate evidentiary and /or procedural rulings to its legal counsel.
8. Burden of Proof
In a disciplinary appeal the employer has the burden of proof by
preponderance of the evidence.
9. Proceed with Hearing or Request for Continuance
Each side should be asked if it is ready to proceed. If either side is not
ready and wishes a continuance, good cause must be stated. Any
request for a continuance must be made in writing and submitted prior
to the hearing to- all parties. Before requesting a continuance, the
moving party shall contact all parties to determine if there is any
opposition to the continuance and shall state in its request if there is
opposition.
10. Testimony under Oath
All witnesses shall be sworn in for the record prior to offering testimony
at the hearing. The chairperson will request the witnesses to raise their
right hand and respond to the following:
"Do you swear that the testimony you are about to give at this hearing
is the truth, the whole truth and nothing but the truth ?"
11. Presentation of the Case
The hearing shall proceed in the following order unless the Human
Resources Commission for special reason, directs otherwise:
a. The Chair shall announce the issues after a review of the statement
of issues presented by each party.
b. The party imposing discipline (department) shall be permitted to
make an opening statement.
c. The appealing party (employee) shall be permitted to make an
opening statement, or reserve an opening statement until
presentation of their case.
RN
d. The party imposing disciplinary action (department) shall produce
their evidence.
e. The party appealing from such disciplinary action (employee) may
then offer their evidence.
f. The party imposing discipline (department) followed by the
appealing party (employee) may offer rebutting evidence.
g. Closing arguments shall be permitted at the discretion of the
Human Resources Commission. The party with the burden of proof,
shall have the right to go first and to close the hearing by making
the last argument. The Commission may place a time limit on
closing arguments. The Commission or the parties may request the
submission of written briefs. After the request for submittal of
written briefs, the Commission will determine whether to allow the
parties to submit written briefs and determine the number of pages
of said briefs
12. Procedure for the Parties
The party representing the department and the party representing the
employee will address their remarks, including objections, to the Chair
of the Human Resources Commission. Objections may be ruled upon
summarily or argument may be permitted. The Chair reserves the right
to terminate argument at any time and issue a ruling regarding an
objection or any other matter, and thereafter the representative shall
continue with the presentation of their case.
13. Right to Control Proceedings
While the parties are generally free to present their case in the order
that they prefer, the Chair reserves the right to control the proceedings,
including, but not limited to, altering the order of witnesses, limiting
redundant or irrelevant testimony, or by the direct questioning of
witnesses.
14. Hearing Demeanor and Behavior
All parties and their attorneys or representatives shall not, by written
submission or oral presentation, disparage the intelligence, ethics,
morals, integrity or personal behavior of their adversaries or members
of the Commission.
15. Deliberation Upon the Case
The Human Resources Commission may choose to either deliberate
the case in public or adjourn to closed session to deliberate. The
Commission will consider all oral and documentary evidence, the
credibility of witnesses, and other appropriate factors in reaching their
decision. The Commission may deliberate at the close of the hearing in
closed session or at a later fixed date and time not to exceed ten (10)
working days, and with the agreement of both the Commission and the
39
appealing party (employee), the deliberation period may be extended
for up to an additional ten (10) working days.
16. Written Findings and Recommended Decision
The Human Resources Commission shall render their findings and
recommendations as soon after the conclusion of the hearing as
possible, and no event, later than ten (10) working days after
concluding the hearing, unless otherwise stipulated to by the parties. A
finding must be made by the Commission on each charge.
The Human Resources Commission may recommend the sustaining or
rejecting of any or all of the charges filed against the employee. The
Commission may recommend sustaining, rejecting or modifying the
disciplinary action invoked against the employee. If the Commission
recommends reinstatement of the terminated employee, the employee
is only entitled to back pay minus the sum the employee has earned
during the period of absence.
The Human Resources Commission shall not be polled as to their
decision by the grievant or the grievant's counsel.
17. Recommendation to the City Manager
The decision of the Human Resources Commission is advisory to the
City Manager. The proposed decision shall be filed with the charged
employee, the department head and the City Manager, and shall set
forth all findings and conclusions. If a dismissal is not sustained, the
proposed decision shall set forth a recommended effective date the
employee is to be reinstated.
Either the employee or the department may file a written appeal to the
proposed decision, findings and conclusions of the Commission within
ten (10) working days of the decision by filing exceptions thereto with
the Human Resources Administrator.
The party desiring to contest the recommended decision of the
Commission may request a transcript for review by the City Manager
within ten (10) working days of the Commission's decision. If the
appealing party requests a transcript, that party shall pay the cost of
the transcript.
18. Final Action by City Manager
Within ten (10) working days of the filing of exceptions, the City
Manager shall review the decision of the Commission, any exceptions
filed, and a record, if one is requested. The City Manager may ratify,
modify, or reverse the proposed decision of the Commission. If the City
Manager seeks to modify or reverse the decision of the Commission,
40
the City Manager shall review the transcript. The decision of the City
Manager shall be final. The decision shall be transmitted to the
employee appealing disciplinary action and to the department head.
19. Judicial Review
a. Petition for Writ of Mandate
Judicial review of any decision of the City Manager may be had
pursuant to Section 1094.5 of the California Code of Civil
Procedure only if the petition for writ of mandate pursuant to such
section is filed within the time limits specified in this section.
b. 90 Day from Final Decision
Pursuant to Code of Civil Procedure 1094.6 any such petition shall
be filed not later than the ninetieth (90th) calendar day following the
date on which the City Manager gives written notice of the final
decision.
41
ARTICLE XXII FULL UNDERSTANDING
Section A. This Memorandum of Understanding contains all the covenants,
stipulations and provisions agreed upon by the parties and any other prior
existing understanding or agreements by the parties, whether formal or
informal, regarding any such matters are hereby superseded or terminated
in their entirety.
It is the intent of the parties that this agreement be administered in its
entirety in good faith during its full term. The Association recognizes that
during such term it may be necessary for Management to make changes
in rules or procedures affecting the employees in the unit. This in no way
affects the conditions of the Meyers - Milias -Brown Act.
For the life of this Agreement it is agreed and understood that the
Association and the City hereto voluntarily and unqualifiedly waive their
rights and agree that neither the Association nor the City shall be required
to meet and confer with respect to any subject or matter whether referred
to or covered in this agreement or not during the term of this Agreement.
Section B. The parties hereto have caused this Memorandum of Understanding to be
executed this 19th day of November , 2013.
ARCADIA POLICE OFFICERS' CITY OF ARCADIA
ASSOCIATION
Steve Tui
President
42
Dominic Lazza
City Manager
2014 -2018 BARGAINING TEAMS
APOA NEGOTIATING TEAM
Officer Steve Crawford
Officer Joshua Foulks
Officer Michael Hale
Officer Troy Hernandez
Officer Jeff Stark
Officer Steve Turner
43
CITY REPRESENTATIVES
Jason Kruckeberg,
Assistant City Manager/
Development Services Director
Hue Quach,
Administrative Services Director
Paul Foley,
Police Captain
Jeannette Flores,
Sr, Human Resources Analyst
EXHIBIT A
CITY OF ARCADIA SALARY RANGE
APRIL 1, 2014 TO JUNE 30, 2015
APOA - 2.0% COLA
Range
Number
Title
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Step H
Step I
Step J
680
Police Officer
$5,833
$5,979
$6,129
$6,282
$6,440
$6,602
$6,766
$6,935
$7,108
$7,285
690
Police Officer AA
$5,979
$6,129
$6,282
$6,440
$6,602
$6,766
$6,935
$7,108
$7,285
$7,467
700
Police Officer BA
$6,129
$6,282
$6,440
$6,602
$6,766
$6,935
$7,108
$7,285
$7,467
$7,655
710
$6,282
$6,4401
6,602
1 6,7661
$6,935
$7,108
$7,2851
$7,467
7,6551
$7,847
720
$6,440
$6,602
$6,766
$6,9351
$7,108
$7,285
$7,467
$7,655
$7,847
$8,043
730
$6,602
$6,766
$6,935
$7,108
$7,285
$7,467
$7,655
$7,847
$8,043
$8,244
740
$6,766
$6,935
$7,108
$7,285
$7,467
$7,655
$7,847
$8,043
$8,244
$8,449
750
$6,935
$7,108
$7,285
$7,467
7,6551
$7,847
$8,043
$8,244
$8,449
$8,660
760
$7,108
$7,285
$7,467
$7,655
$7,847
$8,0431
$8,244
$8,449
$8,660i
8,876
770
$7,285
$7,467
$7,655
$7,847
$8,043
$8,2441
$8,449
$8,660
$8,876
$9,098
780
$7,467
$7,655
$7,847
$8,0431
$8,244
$8,449
$8,660
$8,876
$9,098
$9,326
790
Police Sergeant
$7,655
$7,847
$8,043
$8,244
$8,449
$8,660
$8,876
$9,098
$9,326
$9,561
800
Police Sergeant AA
$7,847
$8,043
$8,244
$8,449
$8,660
$8,876
$9,098
$9,326
$9,561
$9,801
810
Police Sergeant BA
$8,043
$8,2441
$8,449
$8,660
$8,876
$9,098
$9,326
$9,561
$9,801
$10,045
641
Police Off POST Intermediate
$6,124
$6,277
$6,434
$6,595
$6,760
$6,929
$7,102
$7,280
$7,462
$7,648
64A
Police Off POST Advanced
$6,474
$6,635
$6,802
$6,972
$7,146
$7,325
$7,507
$7,696
$7,889
$8,086
751
Police Sergeant POST Int
1 $8,0381
$8,2371
$8,444
$8,655
$8,871
$9,093
$9,3201
$9,5531
$9,792
$10,037
75A
Police Sergeant POST Adv
1 $8,4981
$8,7081
$8,926
$9,149
$9,378
$9,611
$9,8521
$10,0981
$10,3521
$10,610
EXHIBIT A
CITY OF ARCADIA SALARY RANGE
JULY 1, 2015 TO JUNE 30, 2016
APOA - 2.0% COLA
Range
Number
Title
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Step H
Step I
Step J
680
Police Officer
$5,950
$6,099
$6,252
$6,408
$6,569
$6,734
$6,901
$7,074
$7,250
$7,431
690
Police Officer AA
$6,099
$6,252
$6,408
$6,569
$6,734
$6,901
$7,074
$7,250
$7,431
$7,616
700
Police Officer BA
$6,252
$6,408
$6,569
$6,734
$6,901
$7,074
$7,250
$7,431
$7,616
$7,808
710
$6,408
$6,5691
6,734
$6,901
7,0741
$7,250
$7,431
$7,616
$7,808
$8,004
720
$6,569
$6,734
$6,901
$7,0741
$7,250
$7,431
$7,616
$7,808
$8,004
$8,204
730
$6,734
$6,901
$7,074
$7,250
$7,431
$7,616
$7,808
$8,004
$8,204
$8,409
740
$6,901
$7,074
$7,250
$7,431
$7,616
$7,808
$8,004
$8,204
$8,409
$8,618
750
$7,074
$7,250
$7,431
$7,616
$7,808
$8,004
$8,204
$8,409
$8,618
$8,833
760
$7,250
$7,431
$7,616
$7,808
• $8,004
8,2041
$8,409
$8,618
$8,8331
$9,054
770
$7,431
$7,616
$7,808
$8,004
8,2041
$8,409
$8,618
$8,833
$9,054
$9,280
780
$7,616
$7,808
$8,004
$8,2041
$8,409
$8,618
$8,833
$9,054
$9,280
$9,513
790
Police Sergeant
$7,808
$8,004
$8,204
$8,409
$8,618
$8,833
$9,054
$9,280
$9,513
$9,752
800
Police Sergeant AA
$8,004
$8,204
$8,409
$8,618
$8,833
$9,054
$9,280
$9,513
$9,752
$9,997
810
Police Sergeant BA
$8,204
$8,409
$8,618
$8,833
$9,054
$9,280
$92513
$9,752
$9,997
$10,246
641
Police Off POST Intermediate
$6,246
$6,403
$6,563
$6,727
$6,895
$7,068
$7,244
$7,426
$7,611
$7,801
64A
Police Off POST Advanced
$6,603
$6,768
$6,938
$7,111
$7,289
$7,472
$7,657
$7,850
$8,047
$8,248
751
Police Serge nt POST Int
$8,1991
$8,402
$8,613
$8,828
$9,048
$9,275
$9,506
$9,744
$9,988
$10,238
75A
Police Sergeant POST Adv
1 $8,6681
$8,882
$9,105
$9,332
$9,566
$9,8031
$10,0491
$10,300
$10,5591
$10,822
EXHIBIT A
CITY OF ARCADIA SALARY RANGE
JULY 1, 2016 TO JUNE 30, 2017
APOA - 2.0% COLA
Range
Number
Title
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Step H
Step I
Step J
680
Police Officer
$6,069
$6,221
$6,377
$6,536
$6,700
$6,869
$7,039
$7,215
$7,395
$7,580
690
Police Officer AA
$6,221
$6,377
$6,536
$6,700
$6,869
$7,039
$7,215
$7,395
$7,580
$7,768
700
Police Officer BA
$6,377
$6,536
$6,700
$6,869
$7,039
$7,215
$7,395
$7,580
$7,768
$7,964
710
$6,536
$6,700
$6,869
$7,039
7,2151
$7,395
$7,580
$7,768
$7,964
$8,164
720
$6,700
$6,869
$7,039
$7,215
$7,395
$7,580
$7,768
$7,964
$8,164
$8,368
730
$6,869
$7,039
$7,215
$7,395
$7,580
$7,768
$7,964
$8,164
$8,368
$8,577
740
$7,039
$7,215
$7,395
$7,580
$7,768
$7,964
$8,164
$8,368
$8,577
$8,790
750
$7,215
$7,395
$7,580
$7,768
$7,964
$8,164
$8,368
$8,577
$8,790
$9,010
760
$7,395
$7,580
$7,768
7,9641
$8,164
$8,368
$8,577
$8,790
$9,010
$9,235
770
$7,580
$7,768
$7,964
$8,164
$8,368
$8,577
$8,790
$9,010
$9,235
$9,466
780
$7,768
$7,964
$8,164
$8,368
$8,577
$8,790
$9,010
$9,235
$9,466
$9,703
790
Police Sergeant
$7,964
$8,164
$8,368
$8,577
$8,790
$9,010
$9,235
$9,466
$9,703
$9,947
800
Police Sergeant AA
$8,164
$8,368
$8,577
$8,790
$9,010
$9,235
$9,466
$9,703
$9,9471
$10,197
810
Police Sergeant BA
$8,368
$8,5771
$8,790
$9,010
$9,235
$9,466
$9,703
$9,947
$10,1971
$10,451
641
Police Off POST Intermediate
$6,371
$6,531
$6,694
$6,862
$7,033
$7,209
$7,389
$7,575
$7,763
$7,957
64A
Police Off POST Advanced
$6,735
$6,903
$7,077
$7,253
$7,435
$7,621
$7,810
$8,007
$8,208
$8,413
751
Police Sergeant POST Int
$8,3631
$8,570
$8,785
$9,005
$9,229
$9,461
$9,696
$9,939
$10,188
$10,443
75A
Police Sergeant POST Adv
$8,841
$9,060
$9,287
$9,519
$9,757
$9,999
$10,250
$10,506
$10,770
$11,038
EXHIBIT A
CITY OF ARCADIA SALARY RANGE
JULY 1, 2017 TO JUNE 30, 2018
APOA - 2.5% COLA
Range
Number
Title
Step A
Step B
Step C
Step D
Step E
Step F
Step G
Step H
Step 1
Step J
680
Police Officer
$6,221
$6,377
$6,536
$6,699
$6,868
$7,041
$7,215
$7,395
$7,580
$7,770
690
Police Officer AA
$6,377
$6,536
$6,699
$6,868
$7,041
$7,215
$7,395
$7,580
$7,770
$7,962
700
Police Officer BA
$6,536
$6,699
$6,868
$7,041
$7,215
$7,395
$7,580
$7,770
$7,962
$8,163
710
$6,699
$6,868
$7,041
$7,2151
7,395
$7,580
$7,770
$7,962
$8,163
$8,368
720
$6,868
$7,041
$7,215
$7,395
$7,580
$7,770
$7,962
$8,163
$8,3681
$8,577
730
$7,041
$7,215
$7,395
$7,580
$7,770
$7,962
$8,163
$8,368
$8,577
$8,791
740
$7,215
$7,395
$7,580
$7,770
$7,962
$8,163
$8,368
$8,577
$8,791
$9,010
750
$7,395
$7,580
$7,770
$7,962
$8,163
$8,368
$8,577
$8,791
$9,010
$9,235
760
$7,580
$7,770
$7,962
$8,1631
$8,368
$8,577
$8,791
$9,010
$9,235
$9,466
770
$7,770
$7,962
$8,163
$8,368
8,5771
$8,791
$9,010
$9,2351
$9,466
$9,703
780
$7,962
$8,163
$8,368
$8,577
$8,791
$9,010
$9,235
$9,466
$9,703
$9,946
790
Police Sergeant
$8,163
$8,368
$8,577
$8,791
$9,010
$9,235
$9,466
$9,703
$9,946
$10,196
800
Police Sergeant AA
$8,368
$8,577
$8,791
$9,010
$9,235
$9,466
$9,703
$9,946
$10,196
$10,452
810
Police Sergeant BA
$8,577
$8,791
$9,010
$9,235
$9,466
$9,703
$9,946
$10,196
$10,452
$10,712
641
Police Off POST Intermediate
$6,530
$6,694
$6,861
$7,034
$7,209
$7,389
$7,574
$7,764
$7,957
$8,156
64A
Police Off POST Advanced
$6,903
$7,076
$7,254
$7,434
$7,621
$7,812
$8,005
$8,207
$8,413
$8,623
751
Police Sergeant POST Int
$8,572
$8,784
$9,005
$9,230
$9,460
$9,6981
$9,938
$10,1871-Tl-O,4431
$10,704
75A
Police Sergeant POST Adv
1 $9,062
$9,2871
$9,5191
$9,7571
$10,001
$10,2491
$10,506
$10,7691
$11,0391
$11,314