HomeMy WebLinkAbout7385 RESOLUTION NO. 7378
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 ("APOA") FOR JULY
1, 2021 THROUGH JUNE 30, 2024
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 dated effective as of July 1, 2021, 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.
[SIGNATURES ON NEXT PAGE]
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Passed, approved and adopted this 20th day of July 2021.
Mayor of the ity of Arcadia
ATTEST:
q 1"erk
APPROVED AS TO FORM:
'tkirlANA 1W4AS4
Stephen P. Deitsch
City Attorney
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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. 7378 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 20th day of July, 2021 and that said Resolution was adopted by the
following vote, to wit:
AYES: Beck, Chandler, Verlato, Cheng, and Tay
NOES: None
ABSENT: None
• • Clerk of t ity of Arcadia
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CITY OF ARCADIA
AND
ARCADIA POLICE OFFICERS' ASSOCIATIONtrt
MEMORANDUM OF UNDERSTANDING
JULY 1 , 2021 - JUNE 30, 2024
Table of Contents Page
ARTICLE I 1
Section A. PARTIES AND RECOGNITION 1
Section B. APPROPRIATE UNIT 1
Section C. MUTUAL RECOMMENDATION 1
ARTICLE II 1
Section A. TERM 1
Section B. SAVINGS CLAUSE 1
ARTICLE III ASSOCIATION RIGHTS 2
Section A. RIGHT TO JOIN 2
Section B. USE OF BULLETIN BOARDS 2
Section C. NEW EMPLOYEE ORIENTATION AND DUES 2
Section D. REASONABLE NOTICE 3
Section E. AWARDS AND SAFETY COMMITTEES 3
ARTICLE IV 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
Section D. BILINGUAL PAY 5
Section E. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 5
Section F. EDUCATIONAL INCENTIVE COMPENSATION 5
Section G. NEGOTIATING TEAM 6
Section H. CANINE HANDLER STIPEND 6
ARTICLE VII OVERTIME 7
Section A. 7
Section B. PREMIUM OVERTIME COMPENSATION 7
Section C. STRAIGHT OR COMPENSATORY TIME OFF 7
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Section D. COURT TIME 8
Section E. MOVIE DETAIL 9
ARTICLE VIII LONGEVITY PAY 9
ARTICLE IX RETIREMENT 9
Section A. EMPLOYEES HIRED PRIOR TO JULY 1, 2011 9
Section B. EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 BUT BEFORE OCTOBER
9, 2011 11
Section C. EMPLOYEES HIRED ON OR AFTER OCTOBER 9, 2011 OTHER THAN NEW
CALPERS MEMBERS 12
Section D. NEW CaIPERS MEMBERS HIRED AFTER JANUARY 1, 2013 14
Section E. 457 DEFERRED COMPENSATION PLAN 15
ARTICLE X RETIREE MEDICAL BENEFITS 15
Section A. RETIREE HEALTH FOR EMPLOYEES HIRED BEFORE JULY 1, 2011 15
Section B. RETIREE HEALTH FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2011 16
ARTICLE XI HEALTH, DENTAL AND LIFE INSURANCE CONTRIBUTIONS 17
ARTICLE XII DISABILITY INCOME INSURANCE 18
ARTICLE XIII EMPLOYEE PHYSICALS 18
ARTICLE XIV UNIFORMS 19
Section A. 19
Section B. 19
Section C. 19
Section D. 19
ARTICLE XV TUITION REIMBURSEMENT 20
ARTICLE XVI LEAVES 21
Section A. 21
Section B. POWER TO GRANT LEAVES 21
Section C. MILITARY LEAVE 22
Section D. VACATION LEAVE 22
Section E. SICK LEAVE 23
Section F. BEREAVEMENT LEAVE 25
Section G. WORKERS' COMPENSATION 25
Section H. HOLIDAYS 26
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Section I. JURY LEAVE 26
Section J. WITNESS LEAVE 26
Section K. UNAUTHORIZED ABSENCE 26
ARTICLE XVII PROBATIONARY PERIOD 26
Section A. 26
Section B. 27
Section C. 27
ARTICLE XVIII RESPONSE TIME 27
ARTICLE XIX PATROL WORK SCHEDULE AND TRAINING SCHEDULE 27
ARTICLE XX UTILIZATION OF RESERVE POLICE OFFICERS 27
ARTICLE XXI EMPLOYEE GRIEVANCES 28
Section A. DEFINITIONS 28
Section B. TIMELINESS 29
Section C. EMPLOYEE REPRESENTATION 29
Section D. INFORMAL GRIEVANCE PROCEDURE 29
Section E. FORMAL GRIEVANCE PROCEDURE 29
Section F. APPEAL TO HUMAN RESOURCES COMMISSION 31
Section G. DISCIPLINARY APPEAL TO HUMAN RESOURCES COMMISSION 35
ARTICLE XXII FULL UNDERSTANDING 42
Section A. 42
Section B. 42
2021-2024 BARGAINING TEAMS 43
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ARTICLE I
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 July 1, 2021, through June 30, 2024.
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.
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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. NEW EMPLOYEE ORIENTATION AND DUES
In accordance with AB 119, the City shall notify the Board when a new
employee is hired in the bargaining unit, including during new employee
onboarding and when a new employee orientation occurs. The City will
provide reasonable paid release time of 30 minutes for the Board to meet
with the new employee for the purposes of discussing membership in the
Association. A Board representative will notify the City when a new
employee has signed a membership card authorizing membership dues
deduction and when such deductions shall begin.
The City shall rely on the representations made by the association regarding
the authorization to make, revoke, cancel, or change deductions for
employees represented by the APOA. The City shall deduct dues on a
regular payroll basis for employees represented by the APOA following
receipt of written notice from APOA that written authorization has been
provided to the Association by the employee.
If an APOA represented employee desires to revoke, cancel, or change
prior dues deduction, such requests shall be directed in writing to the
Association, which shall promptly provide written notice to the City.
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Section D. REASONABLE NOTICE
It is mutually understood and agreed that a copy of the City Council and/or
Human Resources Commission agenda for each meeting emailed 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, vaping, chewing, or otherwise using
tobacco products such as, but not limited to, cigarettes, cigars, pipe
tobacco, chewing tobacco, hookah, or snuff. Employees will refrain from
smoking marijuana or smoking products that contain marijuana while
employed with the City of Arcadia.
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
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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
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 COMPENSATION
Section A. GENERAL COMPENSATION
The City agrees to increase base salaries of classifications covered by this
MOU in the amount of 3% effective July 1, 2021, 4% effective July 1, 2022,
and 5% effective July 1, 2023. The salary schedules for classifications
covered by this MOU are set forth on Exhibit A and incorporated herein.
Each APOA member on City payrolls in the pay period that includes July 1,
2021, shall receive a one-time Non-PERSable bonus of $964.28.
Additionally, those non-PEPRA members who are not on the family plan of
medical insurance will receive an additional one-time Non-PERSable bonus
of$2,100 following ratification of the MOU contract.
Section B. ASSIGNMENT PAY
During the term of this contract, both parties agree to meet and confer on
the issue of eliminating individual assignment pays and special assignment
stipends and building all into single position/class ranges.
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 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,
Personnel and Training, and Canine Handler shall receive 5% in addition to
base salary during the period of assignment.
Section C. 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
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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.
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 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
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.
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 2.5 % 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 2.5% 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
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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
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 5% of their regular salary. Employees who
have earned an Advanced P.O.S.T. Certificate shall receive an
additional 11% of their regular salary. The P.O.S.T. Certification pay
may not be combined with educational incentive compensation provided
in Article VI, Section F. 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 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 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 16 hours of comp time (at straight time) credited to each
employee's account.
Section H. CANINE HANDLER STIPEND
Officers assigned as Canine Handlers will be paid 30 hours per month at
the reasonable rate of $11.11 per hour then paid at time and one-half
($16.67) for the off-duty care, grooming, feeding, and otherwise maintaining
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their assigned canine. Said rate shall be for all time expended in addition to
the Canine Handler's regularly scheduled duty hours.
The parties acknowledge that the Fair Labor Standards Act (FLSA), which
governs the entitlement to compensation for canine duties, entitles the
parties to agree to a reasonable number of hours per month for the
performance of off duty canine duties. The hours derived at in this
agreement were determined after an actual inquiry of the Officer(s)
assigned in the canine special assignment. It is the intent of the parties
through the provisions of this section to fully comply with the requirements
of the FLSA. In addition, both parties believe that this section of the MOU
does comply with the requirements of the FLSA.
For ease of computation and payment by the City's payroll system, the
parties agree that compensation for the care and maintenance of assigned
canines shall be paid at the rate of $6,000.00 per year, or $500.00 per
month, equally divided according to regular pay periods.
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.
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 their regularly
scheduled workday 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.
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An employee may accumulate up to a maximum of 100 hours in their
compensatory time off bank. Employees may cash out up to 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 4 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 3 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 2 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.
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 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 and 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 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 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 their
off-duty time, reports to court in the morning and is issued an "on-call"
subpoena for the afternoon, the officer shall receive 2 hours of straight time
pay for that afternoon session in addition to the 4 hours at straight time pay
they receive for reporting in the morning. In the event the officer is called to
report to court that afternoon, the officer shall receive 4 hours pay at straight
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time or overtime pay for the actual time in court, whichever is greater, in lieu
of the 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, they shall
be paid at time and one half the regular rate for the actual time worked or
for 6 hours at straight time, whichever is greater.
When scheduling overtime duty for this purpose, no shift shall be scheduled
for less than 6 hours unless the total filming day schedule is less than a 6-
hour day.
ARTICLE VIII LONGEVITY PAY
Longevity Pay benefit will be implemented based on the following formula:
Completed Years of Continuous Service Amount/Pay Period
5-9 Years $42.02
10-14 Years $63.04
15-19 Years $84.06
20+ Years $230.77
The Longevity Pay benefit is effective the pay period an employee
completes 5, 10, 15, or 20 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 $0.93 per
pay period.
6. Third level 1959 Survivors Benefit increased allowance (Government
Code §21573).
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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 CaIPERS 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 below.
12.Employees will continue to pay 9% of PERSable compensation for
CaIPERS retirement.
13.Employees will contribute an additional 1% cost share to CaIPERS
retirement in each year of the contract, as listed below. The cost share
amount will be processed through a CaIPERS contract amendment,
pursuant to Government Code Section 20516(a) and 20516(b).
i. As soon as practical following the contract amendment with
CaIPERS, each Classic Member employee shall contribute a cost
share amount equal to 1% of compensation earnable towards the
employer PERS contribution.
ii. Effective July 1, 2022, each Classic Member employee shall
contribute an amount equal to 1% of compensation earnable
towards the employer PERS contribution, for a total additional cost
share amount of 2%.
iii. Effective July 1, 2023, each Classic Member employee shall
contribute an amount equal to 1%, of compensation earnable
towards the employer PERS contribution, for a total additional cost
share amount of 3%.
14.The City shall continue to pay the full cost of the employees' normal
member contribution to CaIPERS 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.
15.The Pre-Retirement Option 2W Death Benefit (Government Code
§21548). Pursuant to §20516(f) (Employee Sharing Cost of Additional
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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 0.220%. The cost-
sharing arrangement will be implemented as follows:
Employees will pay 0.110% of PERSable compensation to
CaIPERS retirement via payroll deduction; and the City will
pay0.110% of PERSable compensation to CaIPERS
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.
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
CaIPERS on a pre-tax basis via payroll deduction.
9. Employees will contribute an additional 1% cost share to CaIPERS
retirement in each year of the contract, as listed below. The cost share
amount will be processed through a CaIPERS contract amendment,
pursuant to Government Code Section 20516(a) and 20516(b).
i. As soon as practical following the contract amendment with
CaIPERS, each Classic Member employee shall contribute a cost
share amount equal to 1c1/0 of compensation earnable towards the
employer PERS contribution.
ii. Effective July 1, 2022, each Classic Member employee shall
contribute an amount equal to 1% of compensation earnable
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towards the employer PERS contribution, for a total additional
cost share amount of 2%.
iii. Effective July 1, 2023, each Classic Member employee shall
contribute an amount equal to 1%, of compensation earnable
towards the employer PERS contribution, for a total additional
cost share amount of 3%.
10.The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service credit purchases.
11.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.
12.Special compensation items shall be reported to CaIPERS in
accordance with applicable law; and
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 CaIPERS retirement via payroll
deduction; and the City will pay one and ten hundredths of a percent
(.110%) of PERSable compensation to CaIPERS 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. 3-year final compensation (Government Code §20037).
3. Post Retirement Survivor Continuance.
4. Credit for unused sick leave (Government Code §20965).
5. 1959 Survivors Benefit for which each employee contributes $0.93 per
pay period.
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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
CaIPERS on a pre-tax basis via payroll deduction.
9. Employees will contribute an additional 1% cost share to CaIPERS
retirement in each year of the contract, as listed below. The cost share
amount will be processed through a CaIPERS contract amendment,
pursuant to Government Code Section 20516(a) and 20516(b).
i. As soon as practical following the contract amendment with
CaIPERS, each Classic Member employee shall contribute a
cost share amount equal to 1% of compensation earnable
towards the employer PERS contribution.
ii. Effective July 1, 2022, each Classic Member employee shall
contribute an amount equal to 1°/0 of compensation earnable
towards the employer PERS contribution, for a total additional
cost share amount of 2%.
iii. Effective July 1, 2023, each Classic Member employee shall
contribute an amount equal to 1%, of compensation earnable
towards the employer PERS contribution, for a total additional
cost share amount of 3%.
10.The City agrees to allow members to participate in a pre-tax payroll
deduction plan for service credit purchases.
11.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.
12.Special compensation items shall be reported to CaIPERS in accordance
with applicable law, and
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 0.220%. The cost-sharing
arrangement will be implemented as follows:
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Employees will pay 0.110% of PERSable compensation to CaIPERS
retirement via payroll deduction; and the City will pay 0.110% of
PERSable compensation to CaIPERS retirement.
Section D. NEW CaIPERS 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. 3-year average final compensation period (Government Code §20037).
3. Post Retirement Survivor Continuance.
4. Credit for unused sick leave (Government Code §20965).
5. 1959 Survivors Benefit for which each employee contributes $0.93 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 12% member
contribution to CaIPERS 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 CaIPERS 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 0.220%. The cost-
sharing arrangement will be implemented as follows:
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Employees will pay0.110% of PERSable compensation to
CaIPERS retirement via payroll deduction; and the City will pay
0.110% of PERSable compensation to CaIPERS retirement.
Section E. 457 DEFERRED COMPENSATION PLAN
1. The City will provide contributions for each employee working in the
bargaining unit represented by the Association, toward a 457 Deferred
Compensation Plan (DCP) as described in this Section.
a. The City agrees to match dollar for dollar, an employee's
contribution, up to a maximum of $100.00 per month for 4 years
with an ending date of December 31, 2024.
b. This contribution will be made on a bi-weekly basis (24 times per
year).
c. Employees' contribution will be adjusted if annual compensation
limits have been reached, based on the Internal Revenue
Services (IRS) established limits for the year.
d. Contributions to the DCP are 100% vested.
e. Contributions and earnings on the contributions to the DCP are
subject to all provisions as detailed in the plan document
agreement with the City and the plan provider.
f. The Association agrees to indemnify and hold harmless from any
liabilities of any nature which may arise as of the operating of the
DCP.
ARTICLE X RETIREE MEDICAL BENEFITS
Section A. RETIREE HEALTH FOR EMPLOYEES HIRED BEFORE JULY 1, 2011
1. 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 CaIPERS
for the Tier II Retiree and their 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 CaIPERS, and (2) a
reimbursement to the Tier II 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, they will be responsible for payment
of any premium in excess of the capped amount. The reimbursement
shall cease for the Tier II Retiree upon eligibility for Medicare coverage,
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and the reimbursement shall cease for the spouse upon eligibility for
Medicare coverage, or after 15 years, whichever occurs first.
Tier II 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 1,000 hours of
accumulated sick leave at the date of retirement. An employee who has
fewer than 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 their daily pay rate at the time of retirement times the number of days
needed to meet the 1,000 hours of accumulated sick leave requirement.
In addition, the eligible employee must apply prior to retirement for such
coverage through Human Resources. The Association shall notify
Human Resources in the event of the death of a retired member. There
are 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
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 Human Resources. The Association shall notify
Human Resources in the event of the death of a retired member.
Section B. RETIREE HEALTH FOR EMPLOYEES HIRED ON OR AFTER JULY 1,
2011
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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.
ARTICLE XI 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. CaIPERS 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.
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:
Beginning July 1, 2021, the benefit allowance rates shall be:
(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 $861/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 $1,096/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 $1,700/month.
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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 up to the cost of the family plan. The
vision plan will be Vision Service Plan, Option B.
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
All unit members who choose to receive a comprehensive physical
examination shall receive one at no cost to them 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. 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.
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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 $1,000 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. Safety equipment is not reported as special compensation to
CaIPERS.
Additionally, of the $1,000 provided $646.88 annually shall be reported to
CaIPERS as special compensation for Uniform Allowance to the extent
permitted by law. "New members" as defined under the Public Employees'
Pension Reform Act of 2013 will not have the value of the uniforms reported
as special compensation.
Section D. Officers assigned to 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 and
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will not have the value of the reimbursement reported as special
compensation to CaIPERS.
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 Advancement/Reimbursement Form must be submitted and pre-
approved by the employee's Department Head and Human Resources
Administrator before the course(s) begin.
Tuition advancement or reimbursement shall only be for the first degree in
each education level that an employee seeks to obtain, and 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 Advancement/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 voluntarily retires, terminates employment, or is
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 one (1) year
from the advancement, shall refund all tuition advanced and be subject to
the provisions outlined in the Advanced Tuition Participation and
Advancement Agreement. Employees who retire on a Disability or
Industrial Disability Retirement or are laid off shall not be required to refund
tuition fees.
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The City reserves the right to investigate any school and approve or deny 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.
4. Service Record — no request for leave of absence will be considered
unless the employee presenting the request has a satisfactory service
record.
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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.
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 CaIPERS, the employee may buy back credit
for their leave of absence for active military service through CaIPERS as
CaIPERS has determined that payments while on such service are not
reportable for retirement purposes.
Section D. VACATION LEAVE
During the term of this agreement, both parties agree to meet and confer
on the issue of eliminating the vacation and sick leave accrual banks and
creating a single leave bank of Paid Time Off.
Employees in the classifications of Police Officer and Police Sergeant, with
the exception of temporary appointments, shall accumulate vacation as
follows:
Max
Years of Accrual Rate Hours in a Year Accrual
Service (hours/pay period) Accrued (hours)
0-5 years 4.61 119.86 300.04
6-10 years 6.15 159.9 400.01
11-15 years 6.77 176.02 440.05
16+ years 7.69 199.94 499.98
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Vacation may not be accumulated beyond the amount accumulable for a 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.
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 6 months.
An employee who has previously requested and was granted approval of
vacation leave for use during the last 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 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 50% of the final pay period, the employee shall receive
credit for that pay period's vacation. If an employee works less than 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 or 1 hour for every 30
hours worked, whichever is greater. The maximum accrual per year is 96
hours.
Paid sick leave will carry over each year of employment. Sworn employees
may accumulate up to a maximum of 1,600 hours sick leave.
Sick leave means authorized absence from duty of an employee due to one
of the following:
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• Diagnosis, care, or treatment of an existing health condition of, or
preventative care for, an employee's family member which includes
parent (biological, adoptive, foster parent, step parent, legal
guardian, or a person who stood loco parentis when employee was
a child), child (biological, adoptive, foster child, step child, legal
ward, or a child to whom the employee stands loco parentis
regardless of age or dependency status), spouse, registered
domestic partner, parent-in-law, sibling, grandchild, or parent, or
• For an employee who is a victim of domestic violence, sexual
assault, or stalking for the purposes described in Labor Code
sections 230(c) or 230.1(a).
An employee will make a reasonable effort to schedule medical
appointments during non-working hours.
Kin Care Leave: In addition to the prescribed purposes of paid sick leave in
paragraph 3, an employee may use up to one-half of their annual accrual of
sick leave to care for and attend to a family member who is ill. Every effort
shall be made to schedule medical appointments for an ill family member
during non-working hours. Family members for purposes of Kin Care Leave
shall include parent (biological, adoptive, foster parent, step parent, or legal
guardian), child (biological, adoptive, foster parent, step child, legal ward, a
child of a registered domestic partner, or a child to whom the employee
stands loco parentis regardless of age or dependency), spouse, or
registered domestic partner.
Sick leave may be used by an employee in accordance with paragraph 3
and 4 above. The minimum increment of use of paid sick leave shall be 30
minutes Any employee when off-duty as a result of personal or family illness
shall report the fact immediately to their supervisor, or to the officer then in
charge at the department, giving the nature of the illness or circumstances
relative to his absence.
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.
If paid sick leave is taken for the diagnosis, care, or treatment of an existing
health condition of, or preventative care for, an employee or an employee's
family member, the Police Chief and the City Manager may require an
employee provide medical certification or evidence of the reason for a sick
leave absence that occurs after the employee has used the first 24 hours or
3 days, whichever is greater depending on the employee's regular
scheduled work day, of paid sick leave in a year of employment. If the
employee fails to provide such evidence as required by the Police
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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 discipline an employee if sick leave
is used for an inappropriate purpose.
If an employee works their final pay period, the employee shall receive
credit for that pay period's sick leave based on the following:
0-29 hours: No Accrual
30-39 hours: 1 hour
40 and above: 3.693 hours
Unused sick leave is not cashed out upon termination, resignation,
retirement, or other separation from employment. Unused sick leave may
be converted to retirement service credits, as may be permitted under
applicable retirement system laws and regulations.
If an employee separates from employment with the City and is rehired
within one year from separation, up to 48 hours or 6 days, whichever is
greater depending on the employee's regular scheduled workday, of
accrued and unused sick leave will be reinstated.
Section F. BEREAVEMENT LEAVE
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 3 working
days at one time, shall not be charged against sick or other leave. If over 3
working days of such leave is granted, at one time, that amount over 3 days
shall be charged against sick or other leave.
Section G. 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
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such injury. Lost time due to an injury on duty shall not be charged against
an employee's accumulated sick leave.
Section H. 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
President's Day 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. The
regular rate of pay calculation includes Longevity Pay.
Section I. 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.
Section J. 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 K. 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
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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 50-mile radius of the Police Station.
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 this schedule to ensure efficient and effective patrol
operations. The Police Chief shall give final approval of all adjustments to
the 3/12 work schedule.
ARTICLE XX UTILIZATION OF RESERVE POLICE OFFICERS
The City of Arcadia and the 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
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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 workday 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 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.
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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.
Section B. 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.
Section C. 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.
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.
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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.
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
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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 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.
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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.
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
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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.
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?"
j. 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
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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.
I. 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.
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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.
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.
1. Request for Hearing: Within 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 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
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Upon receipt of the request for an appeal, the City Clerk shall, within 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 20 working days nor more than 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 10 working days prior to the hearing.
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 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 10 working days before the date of
the hearing.
b. Exhibits and Witness Lists: 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 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.
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c. Statement of Issues: 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.
5. Submission to the Human Resources Commission
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 Proceedings 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.
d. The party imposing disciplinary action (department) shall produce
their evidence.
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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 10working
days, and with the agreement of both the Commission and the appealing
party (employee), the deliberation period may be extended for up to an
additional 10 working days.
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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 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
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 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 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, 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.
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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 90th calendar day following the date on
which the City Manager gives written notice of the final decision.
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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 day of , 2021
ARCADIA POLICE OFFICERS' CITY OF ARCADIA
ASSOCIATION
Jeremy Lachenmyer Dominic Lazzaretto
APOA President City Manager
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2021-2024 BARGAINING TEAMS
APOA NEGOTIATING TEAM CITY REPRESENTATIVES
Officer Joshua Foulks Jason Kruckeberg,
Assistant City Manager/
Officer Idania Guerrero Development Services Director
Officer Jose Robles Hue Quach,
Administrative Services Director
Officer Danny Daryaie
Shama Curian,
Human Resources Administrator
Cecilia Todd
Sr. Human Resources Analyst
43
EXHIBIT A
CITY OF ARCADIA SALARY RANGE
JULY 1,2021 -JUNE 30,2022
APOA-3.0%COLA
Range Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J
Number
680 Police Officer $ 6,666 $ 6,834 $ 7,004 $ 7,179 $ 7,359 $ 7,545 $ 7,731 $ 7,925 $ 8,123 $ 8,326
690 Police Officer AA $ 6,834 $ 7,004 $ 7,179 $ 7,359 $ 7,545 $ 7,731 $ 7,925 $ 8,123 $ 8,326 $ 8,532
700 Police Officer BA $ 7,004 $ 7,179 $ 7,359 $ 7,545 $ 7,731 $ 7,925 $ 8,123 $ 8,326 $ 8,532 $ 8,747
710 $ 7,179 $ 7,359 $ 7,545 $ 7,731 $ 7,925 $ 8,123 $ 8,326 $ 8,532 $ 8,747 $ 8,967
720 $ 7,359 $ 7,545 $ 7,731 $ 7,925 $ 8,123 $ 8,326 $ 8,532 $ 8,747 $ 8,967 $ 9,192
730 $ 7,545 $ 7,731 $ 7,925 $ 8,123 $ 8,326 $ 8,532 $ 8,747 $ 8,967 $ 9,192 $ 9,421
740 $ 7,731 $ 7,925 $ 8,123 $ 8,326 $ 8,532 $ 8,747 $ 8,967 $ 9,192 $ 9,421 $ 9,655
750 $ 7,925 $ 8,123 $ 8,326 $ 8,532 $ 8,747 $ 8,967 $ 9,192 $ 9,421 $ 9,655 $ 9,897
760 $ 8,123 $ 8326 $ 8,532 $ 8,747 $ 8,967 $ 9,192 $ 9,421 $ 9,655 $ 9,897 $ 10,144
770 $ 8,326 $ 8,532 $ 8,747 $ 8,967 $ 9,192 $ 9,421 $ 9,655 $ 9,897 $ 10,144 $ 10,398
780 $ 8,532 $ 8,747 $ 8,967 $ 9,192 $ 9,421 $ 9,655 $ 9,897 $ 10,144 $ 10,398 $ 10,658
790 Police Sergeant $ 8,747 $ 8,967 $ 9,192 $ 9,421 $ 9,655 $ 9,897 $ 10,144 $ 10,398 $ 10,658 $ 10,926
800 Police Sergeant AA $ 8,967 $ 9,192 $ 9,421 $ 9,655 $ 9,897 $ 10,144 $ 10,398 $ 10,658 $ 10,926 $ 11,200
810 Police Sergeant BA $ 9,192 $ 9,421 $ 9,655 $ 9,897 $ 10,144 $ 10,398 $ 10,658 $ 10,926 $ 11,200 $ 11,479
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
641 Police Off POST Intermediate $ 6,998 $ 7,174 $ 7,352 $ 7,538 $ 7,725 $ 7,918 $ 8,116 $ 8,320 $ 8,527 $ 8,740
64A Police Off POST Advanced $ 7,397 $ 7,583 $ 7,773 $ 7,967 $ 8,166 $ 8,371 $ 8,578 $ 8,795 $ 9,015 $ 9,240
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
751 Police Sergeant POST Int $ 9,185 $ 9,413 $ 9,650 $ 9,891 $ 10,137 $ 10,393 $ 10,650 $ 10,917 $ 11,191 $ 11,470
75A Police Sergeant POST Adv $ 9,711 $ 9,952 $ 10,200 $ 10,456 $ 10,717 $ 10,983 $ 11,258 $ 11,540 $ 11,830 $ 12,124
EXHIBIT A
CITY OF ARCADIA SALARY RANGE
JULY 1,2022-JUNE 30,2023
APOA-4.0%COLA
Range Title Step A Step B Step C Step D Step E Step F Step G Step H Step I Step J
Number
680 Police Officer $ 6,933 $ 7,108 $ 7,285 $ 7,466 $ 7,654 $ 7,847 $ 8,041 $ 8,242 $ 8,448 $ 8,659
690 Police Officer AA $ 7,108 $ 7,285 $ 7,466 $ 7,654 $ 7,847 $ 8,041 $ 8,242 $ 8,448 $ 8,659 $ 8,873
700 Police Officer BA $ 7,285 $ 7,466 $ 7,654 $ 7,847 $ 8,041 $ 8,242 $ 8,448 $ 8,659 $ 8,873 $ 9,097
710 $ 7,466 $ 7,654 $ 7,847 $ 8,041 $ 8,242 $ 8,448 $ 8,659 $ 8,873 $ 9,097 $ 9,326
720 $ 7,654 $ 7,847 $ 8,041 $ 8,242 $ 8,448 $ 8,659 $ 8,873 $ 9,097 $ 9,326 $ 9,559
730 $ 7,847 $ 8,041 $ 8,242 $ 8,448 $ 8,659 $ 8,873 $ 9,097 $ 9,326 $ 9,559 $ 9,798
740 $ 8,041 $ 8,242 $ 8,448 $ 8,659 $ 8,873 $ 9,097 $ 9,326 $ 9,559 $ 9,798 $ 10,041
750 $ 8,242 $ 8,448 $ 8,659 $ 8,873 $ 9,097 $ 9,326 $ 9,559 $ 9,798 $ 10,041 $ 10,293
760 $ 8,448 $ 8,659 $ 8,873 $ 9,097 $ 9,326 $ 9,559 $ 9,798 $ 10,041 $ 10,293 $ 10,549
770 $ 8,659 $ 8,873 $ 9,097 $ 9,326 $ 9,559 $ 9,798 $ 10,041 $ 10,293 $ 10,549 $ 10,814
780 $ 8,873 $ 9,097 $ 9,326 $ 9,559 $ 9,798 $ 10,041 $ 10,293 $ 10,549 $ 10,814 $ 11,085
790 Police Sergeant $ 9,097 $ 9,326 $ 9,559 $ 9,798 $ 10,041 $ 10,293 $ 10,549 $ 10,814 $ 11,085 $ 11,363
800 Police Sergeant AA $ 9,326 $ 9,559 $ 9,798 $ 10,041 $ 10,293 $ 10,549 $ 10,814 $ 11,085 $ 11,363 $ 11,648
810 Police Sergeant BA $ 9,559 $ 9,798 $ 10,041 $ 10,293 $ 10,549 $ 10,814 $ 11,085 $ 11,363 $ 11,648 $ 11,938
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
641 Police Off POST Intermediate $ 7,278 $ 7,460 $ 7,646 $ 7,840 $ 8,034 $ 8,235 $ 8,441 $ 8,652 $ 8,868 $ 9,090
64A Police Off POST Advanced $ 7,693 $ 7,887 $ 8,084 $ 8,285 $ 8,493 $ 8,706 $ 8,921 $ 9,146 $ 9,376 $ 9,610
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
751 Police Sergeant POST Int $ 9,553 $ 9,790 $ 10,036 $ 10,287 $ 10,543 $ 10,808 $ 11,076 $ 11,353 $ 11,639 $ 11,929
75A Police SergeantPOSTAdv $ 10,099 $ 10,350 $ 10,608 $ 10,874 $ 11,146 $ 11,422 $ 11,709 $ 12,001 $ 12,303 $ 12,609
EXHIBIT A
CITY OF ARCADIA SALARY RANGE
JULY 1,2023-JUNE 30,2024
APOA-5.0%COLA
Range Title Step A Step B Step C Step 0 Step E Step F Step G Step H Step I Step J
Number
680 Police Officer $ 7,279 $ 7,463 $ 7,649 $ 7,839 $ 8,037 $ 8,240 $ 8,443_$ 8,654 $ 8,871 $ 9,092
690 Police Officer AA $ 7,463 $ 7,649 $ 7,839 $ 8,037 $ 8,240 $ 8,443 $ 8,654 $ 8,871 $ 9,092 $ 9,317
700 Police Officer BA $ 7,649 $ 7,839 $ 8,037 $ 8,240 $ 8,443 $ 8,654 $ 8,871 $ 9,092 $ 9,317 $ 9,552
710 $ 7,839 $ 8,037 $ 8,240 $ 8,443 $ 8,654 $ 8,871 $ 9,092 $ 9,317 $ 9,552 $ 9,792
720 $ 8,037 $ 8,240 $ 8,443 $ 8,654 $ 8,871 $ 9,092 $ 9,317 $ 9,552 $ 9,792 $ 10,037
730 $ 8,240 $ 8,443 $ 8,654_$ 8,871 $ 9,092 $ 9,317 $ 9,552 $ 9,792 $ 10,037 $ 10,287
740 $ 8,443 $ 8,654 $ 8,871 _$ 9,092 $ 9,317 $ 9,552 $ 9,792 $ 10,037 $ 10,287 $ 10,543
750 $ 8,654 $ 8,871 $ 9,092 $ 9,317 $ 9,552 $ 9,792 $ 10,037 $ 10,287 $ 10,543 $ 10,807
760 $ 8,871 $ 9,092 $ 9,317 $ 9,552 $ 9,792_$ 10,037 $ 10,287 $ 10,543 $ 10,807 $ 11,077
770 $ 9,092 $ 9,317 $ 9,552 $ 9,792 $ 10,037 $ 10,287 $ 10,543 $ 10,807 $ 11,077 $ 11,354
780 $ 9,317 $ 9,552 $ 9,792 $ 10,037 $ 10,287_$ 10,543 $ 10,807 $ 11,077 $ 11,354 $ 11,639
790 Police Sergeant $ 9,552 $ 9,792 $ 10,037 $ 10,287 $ 10,543 $ 10,807 $ 11,077 $ 11,354 $ 11,639 $ 11,931
800 Police Sergeant AA $ 9,792 $ 10,037 $ 10,287 $ 10,543 $ 10,807 $ 11,077 $ 11,354 $ 11,639 $ 11,931 $ 12,231
810 Police Sergeant BA $ 10,037 $ 10,287 $ 10,543_$ 10,807 $ 11,077_$ 11,354 $ 11,639 $ 11,931 $ 12,231 $ 12,535
$ - $ - $ - $ - $ - $ - $ _$ $ - $ -
641 Police Off POST Intermediate $ 7,642 $ 7,833 $ 8,028 $ 8,232 $ 8,436 $ 8,647 $ 8,863 $ 9,085 $ 9,311 $ 9,544
64A Police Off POST Advanced $ 8,078 $ 8,281 $ 8,489 $ 8,700 $ 8,918 $ 9,141 $ 9,367 $ 9,604 $ 9,845 $ 10,090
$ - $ - $ - $ - $ - $ - $ - $ - $ - $ -
751 Police Sergeant POST Int $ 10,030 $ 10,279 $ 10,538 $ 10,801 $ 11,070 $ 11,349 $ 11,630 _$ 11,921 $ 12,221 $ 12,526
75A Police Sergeant POST Adv $ 10,604 $ 10,868 $ 11,139 $ 11,417 $ 11,703 $ 11,993 $ 12,294 $ 12,601 $ 12,918 $ 13,239