Beverly Hills City Council
May 24, 2022

AGENDA REPORT
Meeting Date: May 24, 2022
Item Number:

To: Honorable Mayor & City Council
From: Mark G. Stainbrook, Chief of Police
Subject: ADOPTION OF NEW MEMORANDA OF UNDERSTANDING FOR SWORN POLICE EMPLOYEES OF THE POLICE OFFICERS’

ASSOCIATION AND POLICE MANAGEMENT ASSOCIATION
Attachments: 1. Tracked Changes Police Officers’ Association Memorandum of Understanding: May 24, 2022 – June 30, 2025

2. Police Officers’ Association Memorandum of Understanding: May 24, 2022 – June 30, 2025

3. Tracked Changes Police Management Association Memorandum of Understanding: May 24, 2022 – June 30, 2025

4. Police Management Association Memorandum of Understanding:

May 24, 2022 – June 30, 2025

5. Costing Summary and Independent Fiscal Analysis

RECOMMENDATION
It is recommended that the attached Memoranda of Understanding (MOUs) between the City of Beverly Hills and the Police Officers’ Association (POA) and Police Management Association (PMA) be approved.

INTRODUCTION
The City’s Memoranda of Understanding (MOU) with the POA, which includes sworn Police Officers and Police Sergeants, and the PMA, which includes sworn Police Captains and Police Lieutenants, both expire on April 7, 2023. As part of these MOU’s, the last compensation increase was a 2% salary increase effective the pay period including October 1, 2021. There are no other compensation increases scheduled through the end of the current term of these MOU’s.

Per the request of Mayor Bosse, the compensation of the City’s sworn police employees was discussed during the formal Council meeting on May 10, 2022. The public had an opportunity to provide feedback to the Council regarding the compensation of our sworn police employees and my recommendation which included establishing new MOU’s with a three year term and a 14% base salary increase over that three year term.

G-1
Meeting Date: May 24, 2022

DISCUSSION
In light of the current priorities related to public safety, the compensation of our sworn Police employees is an important factor to achieving the goals set forth by the City Council. An area of particular and critical focus is the recruitment of Police Officers, which is an industry challenge faced by many agencies at this time. All agencies are competing for the same limited pool of candidates, which requires the City to be more competitive and set itself apart to attract top talent. While the City of Beverly Hills currently offers competitive compensation, it does not rank the highest in base salary within the Southern California labor market. The City of Beverly Hills ranks third out of 14 agencies in Police Officer base salary, with the Orange County Sheriffs ranking number one and the City of Santa Monica at number two. Base salary is a significant factor for candidates as they are exploring the many options currently available in law enforcement. When offering less base salary than other agencies, Beverly Hills may not be as appealing, negatively impacting our ability to compete for top candidates. With the number of Police Officer positions currently vacant, and in order to ensure we retain those we hire, a salary increase to improve our position in the market is anticipated to have a positive impact on our ability to recruit and retain the top talent in law enforcement.

Considering the current MOU’s do not expire until April of next year, and do not include any salary increases for the remainder of the current term, the City’s position in the market will be further weakened as other agencies with negotiated salary increases improve their position. Providing salary increases now is critical to address the immediate needs related to the recruitment and retention of sworn Police Officers.

In addition to the external market, another consideration is internal parity with the City’s sworn Firefighters. Currently, a City of Beverly Hills Police Officer earns approximately 10% less in base salary than a City of Beverly Hills Firefighter. The City’s Firefighters are scheduled to receive a 2% increase this October and another 2% increase in October 2023 (the Fire MOU expires May 30, 2025), furthering the disparity in the base salary of our sworn Police and Fire employees. Generally, in most agencies, Police Officers earn the same if not more than Firefighters.

With the above factors in mind, I recommended at the formal Council meeting on May 10, 2022 that the City Council approve establishing new MOU’s with both the POA and PMA that would include a three year term and a 14% base salary increase over that three year term. This recommendation would achieve (1) internal parity with the City’s sworn police and fire employees and (2) a number one market ranking in base salary for recruitment and retention purposes. Based on Council’s direction, the City and the POA and PMA engaged in discussions that resulted in agreement on the following terms for new MOU’s:

Term: Three years (May 24, 2022 – June 30, 2025)
Salary Increases: 14% over the three years as follows:
8% effective the pay period that includes May 24, 2022
3% effective the pay period that includes October 1, 2022 3% effective the pay period that includes June 1, 2024
In consideration for these terms, the POA and PMA agreed to changes in their MOU’s that will provide the Chief greater flexibility to address operational issues that will improve the utilization of department resources resulting in more Officers on patrol. For the POA, this includes the elimination of special assignment rotations and civilianizing (having work performed by non-sworn employees) three special assignments currently performed by sworn Police Officers (Special Projects Detail, Red Light Photo Meeting Date: May 24, 2022

Enforcement and Range Master). This will allow the Officers currently assigned to these special assignments to focus on work that can only be performed by sworn personnel.

Additionally, modifications were agreed upon related to the scheduling and pay associated with heavy haul escort operations as well as the establishment of a civilian (non-sworn) position that will be established in another bargaining unit to provide additional support to the Detective Bureau. The PMA agreed to additional language related to work schedules and to modifications related to the compensation of Special Jobs. Both MOU’s also reflect general updates and the removal of language that is no longer applicable or out of date, as well as the addition of new language based upon current laws or regulations.

The proposed Memoranda of Understanding are available on the City’s website at https://www.beverlyhills.org/negotiations/
Information regarding the compensation of all City employees, including our sworn Police and Fire employees, is available on the City website at https://www.beverlyhills.org/departments/humanresources/employeecompensation/

FISCAL IMPACT
In compliance with the Beverly Hills Municipal Code, Article 5 Section 2-5-505:

Economic Analysis, a fiscal impact analysis of the proposed Memoranda of Understanding was conducted by the outside firm, MGO Certified Public Accountants (Attachment 5). All calculations for the MOUs were found to be correct. The estimated ongoing cost for both proposed MOU changes total $4.5 million, with a total cost over the three year term of $11.2 million.

Year 1 Year 2 Year 3
Three Year
Total

INCREASE IN TOTAL SALARY COSTS (INCLUDING OVERTIME, BONUSES, MEDICARE, DEFFERRED COMPENSATION) $ 2.7 $ 3.0 $ 3.8 $ 9.5 INCREASE IN TOTAL PERS NORMAL COST (holding constant) 0.5 0.5 0.6 1.6 CUMULATIVE TOTAL COST INCREASE 3.2 3.5 4.5 11.2
Year 1 3.2 3.2 3.2 9.6
Year 2 - 0.3 0.3 0.6
Year 3 - - 1.0 1.0
TOTAL $ 3.2 $ 3.5 $ 4.5 $ 11.2
POA/PMA TOTAL COST INCREASE SUMMARY - 8%, 3%, 3% (in Millions) Mark G. Stainbrook,
Chief of Police
Approved By
Attachment 1

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND

BEVERLY HILLS
POLICE OFFICERS’ ASSOCIATION
October 1, 2019 - April 7, 2023
May 24, 2022 - June 30, 2025
i

TABLE OF CONTENTS
Article Page
A. Integration .................................................................................................. 1 B. Term............................................................................................................ 1

1. SALARIES................................................................................................................. 1

2. OVERPAYMENT....................................................................................................... 2

3. APPOINTMENT AND ADVANCEMENT ................................................................... 2 A. Probationary Period for Police Personnel .................................................. 2 B. Pre-Service Police Officers.......................................................................... 2 C. Salary Placement Upon Initial Hire ............................................................. 3 D. Advancement Through Salary Range.......................................................... 3 E. Step Placement Upon Promotion ............................................................... 3 F. Special Merit Advancement........................................................................ 4 G. Acting Assignments..................................................................................... 4 H. Y-Rating....................................................................................................... 4

4. SPECIAL ASSIGNMENTS.......................................................................................... 5 A. Selection of Employees for Special Assignments ....................................... 5 B. Rotation of Assignments............................................................................. 5 C. Special Assignment Types and Pay ............................................................. 6

5. CERTIFICATION AND EDUCATIONAL INCENTIVE PAY............................................ 9 A. Education Pay Eligibility .............................................................................. 9 B. Certification and Education Incentive Pay Types ..................................... 10 C. Payment for Educational Expenses........................................................... 11

6. HEALTH BENEFITS................................................................................................. 11 A. Cafeteria Plan and Benefits....................................................................... 11 B. Flexible Spending Accounts ...................................................................... 13

7. RETIREE MEDICAL INSURANCE ............................................................................ 14 A. Tier 1: Retirees Hired Prior to July 1, 2012 ............................................... 14 B. Tier 2: Retirees Hired On or After July 1, 2012......................................... 14 C. Retiree Medical Insurance for Employees Who Disability Retire............. 14

8. LIFE INSURANCE ................................................................................................... 14 A. City-Provided Life Insurance ..................................................................... 14 B. Supplemental Term Life Insurance ........................................................... 15

9. DEFERRED COMPENSATION................................................................................. 15 A. City Contribution to Deferred Compensation .......................................... 15 B. Employee Contribution to Deferred Compensation................................. 16 C. Conversion of Sick Leave to Deferred Compensation .............................. 16

10. CALPERS RETIREMENT BENEFITS ......................................................................... 16 A. For “Classic Member” Employees............................................................. 17 B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA) ....................................................... 17 C. Additional Optional Benefits for All Employees ....................................... 18 ii

11. HOLIDAYS.............................................................................................................. 18 A. Holidays..................................................................................................... 18 B. Personal Holiday ....................................................................................... 19

12. VACATION............................................................................................................. 19 A. Authorization for Taking Vacation............................................................ 19 B. Holidays During Vacations........................................................................ 20 C. Vacation Accumulation............................................................................. 20 D. Vacation Cash-Out .................................................................................... 20 E. Briefing Preparation Time......................................................................... 21

13. SICK LEAVE............................................................................................................ 21 A. Accrual ...................................................................................................... 21 B. New Employment ..................................................................................... 22 C. Use of Sick Leave....................................................................................... 22 D. Sick Leave Incentive .................................................................................. 22

14. BEREAVEMENT LEAVE .......................................................................................... 22

14. WITNESS LEAVE .................................................................................................... 23

16. LEAVE WITHOUT PAY ........................................................................................... 23

17. LEAVE PAYOFFS UPON SEPARATION FROM CITY SERVICE ................................. 23 A. Sick Leave Pay-Off..................................................................................... 23 B. Vacation Pay-Off ....................................................................................... 24

18. UNIFORM ALLOWANCE........................................................................................ 24

19. OVERTIME/WORK HOURS ................................................................................... 24 A. Accurately Reporting Time Worked.......................................................... 25 B. Court Time ................................................................................................ 25 C. Call Back .................................................................................................... 25 D. Standby/On-Call........................................................................................ 25 E. Special Jobs............................................................................................... 26 F. Shift Trading.............................................................................................. 27 G. Rest and Recovery..................................................................................... 27

20. WORK SCHEDULE.................................................................................................. 28

21. ASSOCIATION TIME – BOARD MEMBERS ............................................................ 28

22. DISCIPLINE ............................................................................................................ 29 A. Disciplinary Procedures for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion or Dismissal................ 29 B. Administrative Appeal for Employees Subject to Discipline Other than Disciplinary Transfer, Step Reduction, Suspension, Demotion or Dismissal.............................................................................. 32

23. NON-DISCRIMINATION ........................................................................................ 35

24. SAVINGS CLAUSE .................................................................................................. 35

25. MANAGEMENT RIGHTS........................................................................................ 35

26. GRIEVANCE PROCEDURE...................................................................................... 36 A. Definition of a Grievance .......................................................................... 36 B. Timeliness of a Grievance ......................................................................... 36 C. Grievance Procedure ................................................................................ 36 iii
Exhibits
EXHIBIT “A”: SALARY SCHEDULES.................................................................................... 40 EXHIBIT “B”: SPECIAL ASSIGNMENT TERMS AND ROTATIONAL POSITIONS ................. 44 EXHIBIT “C”: DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA).. 46 A. Integration ......................................................................................................................... 1 B. Term................................................................................................................................... 1

1. SALARIES......................................................................................................................... 1

2. OVERPAYMENT ............................................................................................................... 2

3. APPOINTMENT AND ADVANCEMENT............................................................................... 2 A. Probationary Period for Police Personnel.......................................................................... 2 B. Pre-Service Police Officers................................................................................................. 2 C. Salary Placement upon Initial Hire..................................................................................... 4 D. Advancement Through Salary Range................................................................................. 4 E. Step Placement Upon Promotion ...................................................................................... 4 F. Special Merit Advancement............................................................................................... 6 G. Acting Assignments............................................................................................................ 6 H. Y-Rating .............................................................................................................................. 6

4. SPECIAL ASSIGNMENTS ................................................................................................... 7 A. Selection of Employees for Special Assignments............................................................... 7 B. Special Assignment Types and Pay .................................................................................... 8

5. CERTIFICATION AND EDUCATIONAL INCENTIVE.............................................................. 12 A. Education Pay Eligibility ................................................................................................... 13 B. Certification and Education Incentive Pay Types............................................................. 13 C. Payment for Educational Expenses.................................................................................. 14

6. HEALTH BENEFITS.......................................................................................................... 15 A. Cafeteria Plan and Benefits.............................................................................................. 15 B. Flexible Spending Accounts ............................................................................................. 18

7. RETIREE MEDICAL INSURANCE....................................................................................... 18 A. Tier 1: Retirees Hired Prior to July 1, 2012 ...................................................................... 18 B. Tier 2: Retirees Hired On or After July 1, 2012 ................................................................ 18 C. Retiree Medical Insurance for Employees Who Disability Retire.................................... 20

8. LIFE INSURANCE ............................................................................................................ 20 A. City-Provided Life Insurance ............................................................................................ 20 B. Supplemental Term Life Insurance .................................................................................. 21

9. DEFERRED COMPENSATION........................................................................................... 21 A. City Contribution to Deferred Compensation.................................................................. 21 B. Employee Contribution to Deferred Compensation........................................................ 22 C. Conversion of Sick Leave to Deferred Compensation ..................................................... 22

10. CALPERS RETIREMENT BENEFITS.................................................................................. 23 A. For “Classic Member” Employees.................................................................................... 24 iv
B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)............................................................................................................................. 24 C. Additional Optional Benefits For All Employees.............................................................. 25

11. HOLIDAYS.................................................................................................................... 25 A. Holidays............................................................................................................................ 25 B. Personal Holiday .............................................................................................................. 27

12. VACATION................................................................................................................... 28 A. Authorization For Taking Vacation .................................................................................. 28 B. Holidays During Vacations............................................................................................... 28 C. Vacation Accumulation.................................................................................................... 28 D. Vacation Cash-Out ........................................................................................................... 29 E. Briefing Preparation Time................................................................................................ 29

13. SICK LEAVE .................................................................................................................. 29 A. Accrual.............................................................................................................................. 31 B. New Employment............................................................................................................. 32 C. Use of Sick Leave.............................................................................................................. 32 D. Sick Leave Incentive ......................................................................................................... 32

14. BEREAVEMENT LEAVE.................................................................................................. 32

15. WITNESS LEAVE........................................................................................................... 33

16. LEAVE WITHOUT PAY................................................................................................... 33

17. LEAVE PAYOFFS UPON SEPARATION FROM CITY SERVICE............................................. 33 A. Sick Leave Pay-Off............................................................................................................ 33 B. Vacation Pay-Off .............................................................................................................. 34

18. UNIFORM ALLOWANCE ............................................................................................... 34

19. OVERTIME/WORK HOURS ........................................................................................... 34 A. Accurately Reporting Time Worked................................................................................. 35 B. Court Time........................................................................................................................ 35 C. Call Back ........................................................................................................................... 35 E. Special Jobs...................................................................................................................... 36 F. Shift Trading..................................................................................................................... 37 G. Rest and Recovery............................................................................................................ 37

20. WORK SCHEDULE......................................................................................................... 38

21. ASSOCIATION TIME - BOARD MEMBERS....................................................................... 40

22. DISCIPLINE................................................................................................................... 40 A. Disciplinary Procedure for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal................................................................................ 40 B. Administrative Appeal for Employees Subject to Discipline Other Than Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal...................................... 44

23. NON-DISCRIMINATION................................................................................................ 47

24. SAVINGS CLAUSE ......................................................................................................... 47

25. MANAGEMENT RIGHTS ............................................................................................... 48

26. GRIEVANCE PROCEDURE.............................................................................................. 48 A. Definition of a Grievance ................................................................................................. 48 B. Timeliness of a Grievance ................................................................................................ 48 C. Grievance Procedure ....................................................................................................... 48 v
EXHIBIT A........................................................................................................................... 52 SALARY SCHEDULES ........................................................................................................... 52 EXHIBIT B........................................................................................................................... 61 DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA. ..................................................................... 63 New Member......................................................................................................................... 63 Classic Member...................................................................................................................... 63

BEVERLY HILLS POLICE OFFICERS’ ASSOCIATION

MEMORANDUM OF UNDERSTANDING
The Beverly Hills Police Officers' Association, (hereinafter “Association”) a formally recognized employee organization, representing all Police Sergeants and Police Officers (hereinafter "police personnel"), and Pre-Service Police Officers (who are non-sworn employees) and authorized representatives of the management of the City of Beverly Hills (hereinafter "City"), have met and conferred in good faith and have reached this Memorandum of Understanding (hereinafter “MOU”).

Now, therefore, the parties agree and mutually recommend to the City Council of the City of Beverly Hills (hereinafter "City Council") the following for its determination:

A. Integration
This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code Section 3505.1 and supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

The City recognizes that certain past practices may be identified during the term of this MOU which should have been included in this document but, due to inadvertent omission, are not set forth herein. Mutual agreement between the parties shall be necessary to implement change to such past practices. All other practices, policies and procedures affecting wages, hours and working conditions may be changed only after a meet and confer process has been conducted between the parties. However, the parties agree neither party may compel the other party to negotiate regarding proposed changes to any matter within the lawful scope of bargaining (wages, hours and other terms and conditions of employment) during the term of this MOU. This is known as a “zipper clause.” The parties agree that during the term of this MOU, either side may request to reopen negotiations on modifications to performance evaluations.

B. Term
Unless otherwise specified herein, this MOU shall be effective beginning October 1, 2019May 24, 2022 and shall expire April 7, 2023June 30, 2025.

1. SALARIES
All employees who are in the bargaining unit on March 31, 2020 will receive a lump sum payment of one thousand four hundred and ninety dollars ($1,490.00) which will be paid on the second pay day in the month of April, 2020. This lump sum payment is non-pensionable as it is provided in the same fiscal year as a base salary increase.

Effective, the pay period including March 31, 2020 (which is March 28, 2020 to April 10, 2020),May 24, 2022 employees will receive a base salary increase of twoeight percent (28.0%).

Effective the pay period including October 1, 20202022 employees will receive a base salary increase of three percent (3.0%).

Effective the pay period including June 1, 2024, employees will receive a base salary increase of twothree percent (23.0%).

Effective the pay period including October 1, 2021, employees will receive a base salary increase of two percent (2.0%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “A”.

2. OVERPAYMENT
If an employee receives more compensation (whether in the form of salary, overtime or any other form of compensation contained in this MOU), than he/she is entitled to receive (i.e., is overpaid), the City will inform the employee. The City will work with the employee to reconcile the overpayment and if overpaid will work to try to create a repayment schedule.

3. APPOINTMENT AND ADVANCEMENT
A. Probationary Period for Police Personnel
The probationary period for sworn positions (Police Officer and Police Sergeant, including laterals) shall be twelve (12) months. The probationary period shall not include any time served in a non-sworn capacity (e.g., as a Pre-Service Police Officer).

The City has the right to extend an employee’s probation as follows:

1. For the length of any leave of absence or time on modified duty while on probation in excess of one calendar week; and/or

2. At the discretion of the Chief of Police up to six months.

B. Pre-Service Police Officers
Each newly hired Pre-Service Police Officer (excluding individuals hired as lateral Police Officers) shall serve as a non-sworn civilian employee until such time as he/she successfully graduates from the Police Academy and is sworn in as a Police Officer. These Pre-Service Police Officers shall receive similar benefits as a sworn Police Officer with the exception of retirement and workers’ compensation benefits. Because Pre-Service Police Officers are not sworn, they are considered miscellaneous employees under the Public Employees’ Retirement Law and are not eligible for workers’ compensation benefits pursuant to Labor Code section 4850.

An employee hired as a Pre-Service Police Officer shall be an at-will employee and cannot attain permanency as a Pre-Service Police Officer. Rather, such an employee will either be sworn in and appointed as a Police Officer upon graduation from the academy, or will be separated from employment as a Pre-Service Police Officer. Time served in the classification of Pre-Service Police Officer shall not count towards departmental seniority (e.g., shift bidding and vacation requests) but will count towards total City service.

C. Salary Placement upon Initial Hire
Employees may be appointed at Step 1 or above in their allocated salary range. Upon the recommendation of the Chief of Police Chief or designee, the Human Resources Director or designee may approve placement above Step 1 based upon the employee’s qualifications and performance justifying such placement.

D. Advancement Through Salary Range
Employees shall move through the steps on the salary range as follows:

1. An employee shall be eligible for a salary step increase after the completion of one year of service, and annually thereafter (i.e., the anniversary date), provided he/she has received an overall rating of “satisfactory” on his/her performance evaluation. The effective date of the step increase shall be his/her anniversary date. Employees hired prior to the date of City Council approval of this 2019-2023 MOU, who were at Step 1 or 2 at the time of approval, shall receive a salary step increase to the next step after six (6) months of satisfactory service. They shall then be eligible for salary step increases to the next step after one (1) year of satisfactory service and each year thereafter.

2. All step increases will be made in accordance with the following a. Increases are recommended by the employee's supervisor and Chief of Police Chief (or designee) and are approved by the Human Resources Director or designee.
b. An employee’s step increase may be withheld or delayed only if his/her overall performance is less than “meets standards” and his/her evaluation is given timely (i.e., within one calendar week of his/her anniversary date). c. For step increases, the City will ensure they are paid within six months of Human Resources receiving the personnel action form.

E. Step Placement Upon Promotion
A Police Officer who is promoted to Police Sergeant shall be appointed to the first step of the salary range for Police Sergeant or the step that provides at least a 5.5% increase, whichever is higher. Special assignment pay shall be added to base salary for the purpose of establishing the initial salary step placement of a promoted employee. Benefits and leave rights shall be available to employees on probation as a result of accepting a promotion. The effective date of the promotion shall be the first day of the pay period following the promotion date. The employee’s anniversary date for the position into which the employee is promoted (which determines step increases for that position) shall be the effective date of the promotion.

For promotions, the City will ensure they are paid within six months of Human Resources receiving the personnel action form.

F. Special Merit Advancement
The City Manager may authorize the advancement of an employee to any step within the prescribed schedule earlier than he/she would normally be eligible. Special merit increases shall require a written recommendation of the Chief of Police Chief or his/her designee, as submitted to the Human Resources Director. Such salary increases shall be effective on the first day of the pay period following the approval of the City Manager, unless a different effective date is specified by the City Manager. An employee will be eligible for his/her next scheduled increase one year after the date of the special merit advancement, and annually thereafter.

G. Acting Assignments
Police Personnel temporarily assigned to a classification higher than his/her regularly assigned classification shall receive acting assignment pay while so assigned.

While acting, the employee’s base monthly salary shall be 5.5% above his/her present base monthly salary, provided that this additional amount shall not exceed the fifth step nor be lower than the first step of the higher classification. Acting assignments shall be recommended by the Chief of Police Chief or his/her designee and approved by the Human Resources Director or designee.

To be eligible for acting pay, the employee has to meet the minimum qualifications for the higher classification and be capable of performing the essential functions of the higher classification.

Police Personnel assigned to an acting assignment shall not acquire status or credit for service in the higher classification and may be returned to their regular position at any time.

H. Y-Rating
In the event an employee in a position is Y-rated, the employee's monthly base salary shall not be increased until the monthly base salary of the position held by that employee meets or exceeds the monthly salary paid to that employee.

4. SPECIAL ASSIGNMENTS
Police Personnel are eligible for Special Assignments as provided in this Article. Assignment Pay is included in the regular rate of pay (as described by the Fair Labor Standards Act) for purposes of calculating overtime and will be included in the rate used to cash out leaves of absence.

A. Selection of Employees for Special Assignments
It is the policy of the Beverly Hills Police Department that selection of employees for special assignments will be made by following the procedure indicated below.

1. When an opening for a special assignment is available or imminent, the Chief of Police Chief or designee shall request interested police personnel to submit a memorandum requesting appointment to the special assignment.

2. Police personnel submitting requests shall indicate their reasons and qualifications for the special assignment in memorandum form to their immediate supervisor.

3. Supervisors shall review requests after which they shall attach a memorandum of their own, which includes any comments they have and a recommendation of the employee for the special assignment.

4. After reviewing all requests for a special assignment the Chief of Police Chief or designee will have the option of (a) making the selection based on the information submitted or (b) establishing an oral board for the purpose of interviewing all candidates and receiving recommendations from the oral board and then making a selection.

5. Notwithstanding the above, the Chief of Police Chief shall retain the right to assign employees to special assignments without following the above procedures when the Chief of Police Chief feels such action is in the best interest of the Department.

6. Within 10 days after an employee is informed that he/she was not chosen for a special assignment, the employee may ask the superior officer who effectively made the selection, for the reason the employee was not selected. The superior officer shall respond within 10 working days.

A. Rotation of Assignments

1. Certain special assignments are subject to rotation and others are non-rotational.

Each rotational assignment will have a specified duration and maximum term. At the Chief’s discretion, assignments may be extended for one year terms, up to the specified maximum. The parties’ agreement on the specific assignments is set forth in Exhibit B to this MOU.

2. Following the identified tenure of his/her assignment, employees vacating a rotational assignment will return to a patrol capacity. Any employee vacating his/her assignment prior to the identified duration will serve a minimum of one year in patrol before assignment to a new special assignment. If the employee has served the minimum time duration commitment to his/her special assignment, he/she will be eligible for a new special assignment upon completion of his/her assignment without serving a minimum of one year in a patrol capacity.

3. Police personnel in authorized permanent special assignments as of January 1, 2017 will be grandfathered into their current assignment. These employees will remain in their special assignment subject to removal only in accordance with the Discipline Article of this MOU. Police personnel grandfathered into their current assignment will not be subject to serving a one year period in a patrol capacity, as specified above in subparagraph 2, should they choose to leave their permanent special assignment for another special assignment. Once they have commenced serving in the new special assignment, they then would be subject to the rotation of assignments as described herein.

4. If an employee is in a rotational assignment position, and a non-rotational position in the same area of assignment becomes available, the employee will be eligible to apply for the non-rotational position per section A above.

C. B. Special Assignment Types and Pay
Employees cannot earn more than 8.25% in assignment pay as set forth below. An employee who becomes eligible for a pay described below, will receive that pay effective on the first day of the pay period following assignment to the particular assignment. An employee is not eligible for any form of special assignment pay/bonus unless explicitly included in the list of assignments/bonuses described herein. With the exception of Field Training Officers (which provides for a minimum of six (6)), the Chief of Police has discretion to determine the number of employees assigned to any special assignment.

Employees in a special assignment which will be civilianized (Range Master, Photo Red Light Enforcement and Special Projects Officer) will be addressed as follows:

Employee will remain in their assignment until the successor has been selected and assigned to the position. Once the position has been civilianized, if available, the affected employee will be assigned to another special assignment with a comparable bonus. If no comparable special assignments are available, the employee will be assigned to Patrol and their bonus grandfathered.

The following are the available assignments and associated pays:

1. Detective Assignment

Employees assigned to the Detective Bureau shall receive assignment pay equal to 8.25% of their base salary.

2. Field Training Officer (FTO)
There shall be a minimum of 6 Field Training Officers. When assigned as an FTO, a Police Officer shall receive assignment pay equal to 5.5% of his or her base salary.

3. Motor Officer Pay
Employees assigned as Motor Officers shall receive assignment pay equal to 8.25% of their base salary. In addition, police personnel assigned as Motor Officers shall receive four (4) hours of compensatory time off per month (accrued at 1.85 hours per pay period) for off-duty time spent maintaining the assigned motorcycle.

4. D.U.I. Team
Police Officers assigned to the Traffic Bureau – DUI Team shall receive assignment pay equal to 5.5% of their base salary.

5. Personnel & Training Bureau
The Sergeant(s) assigned to the Personnel & Training Bureau shall receive assignment pay equal to 5.5% of their base salary.

Police Officers assigned as Background Investigators shall receive assignment pay equal to 5.5% of their base salary. Police Officers assigned to the Personnel & Training Bureau as an Administrative Training Officer shall receive assignment pay equal to 5.5% of their base salary.

6. Office of the Chief
a. Professional Standards Unit – The Sergeant(s) assigned to the Professional Standards Unit shall receive assignment pay equal to 8.25% of their base salary. b. Intelligence Unit – The one Sergeant(s) and/or the one Police Officer(s) assigned to the Intelligence Unit shall receive assignment pay equal to 8.25% of his/her base salary.

7. Traffic/Accident Investigation & Commercial Investigation and Enforcement a. Traffic/Accident Investigation
Police Officers assigned to the traffic and accident investigation function shall receive assignment pay equal to 5.5% of their base salary. The Sergeants assigned to the traffic and accident investigation function shall receive assignment pay equal to 8.25% of their base salary.
b. Commercial Investigation and Enforcement
Police Officers assigned to Commercial Investigation and Enforcement shall receive assignment pay equal to 5.5% of base salary.

A Police Officer may only be eligible for one of the pays in this Section 7.

8. Canine Handlers
a. Police Officers assigned in the canine special assignment shall receive the following compensation, in addition to their regular base pay:
b. Assignment pay equal to 5.5% of monthly base salary per month. c. 5.5 hours of compensatory time off per 28 day work period. Employees shall accrue 2.75 hours per pay period.

The City and officers understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings. In addition, to ensure that there can be no expectation that canine officers are spending any additional time on offduty hours related to their canine or unit as described above (other than for those hours for which the parties agree they are compensated), the parties agree that the canine officers are not permitted to work in excess of 5.5 hours per 28-day work period on such off-duty hours.

The parties acknowledge that the 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 officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). 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.

9. Desk Officers
Police Officers assigned as Desk Officers shall receive $435.11 per month as assignment pay.

10. Crime Impact Team
Employees assigned to the Crime Impact Team shall receive assignment pay equal to 8.25% of their base salary.
1110. Special Projects Detail
Police Officer(s) assigned to the Special Projects Detail shall receive assignment pay equal to 5.5% of base salary.

12. Crime Prevention Bureau

11. Community Relations
Police Sergeants and Police Officers assigned to Crime PreventionCommunity Relations shall receive assignment pay equal to 5.5% of his/her base salary.

Police Officers assigned as a Crime Prevention Officer shall receive $435.11 per month as assignment pay.
13 12. School Resource Officer
Police Officer(s) assigned as a School Resource Officer shall receive assignment pay equal to 8.25% of base salary.
1413. Red Light Photo Enforcement Officer
Police Officers assigned as the Red Light Photo Enforcement Officer shall receive $435.11 per month as assignment pay. This pay is not special compensation under the CalPERS regulations.
15 14. Range Master
The Police Officer assigned as the Range Master shall receive assignment pay equal to 8.25% of base salary.

5. CERTIFICATION AND EDUCATIONAL INCENTIVE
Certification and Education Pay is included in the regular rate of pay (as described by the Fair Labor Standards Act) for purposes of calculating overtime and will be included in the rate used to cash out leaves of absence. Certification and Education Pay shall not be paid to Pre-service Police Officers and shall not be paid to a probationary Police Officers until he/she passes probation.

The percentage an employee receives for education/certification pay outlined in this article will be calculated by taking the applicable percentage of base salary plus any special assignment bonuses he/she is receiving.

A. Education Pay Eligibility
The maximum an employee can earn for certification and education pays set forth in this article is thirteen and three quarters’ percent (13.75%), regardless of the level of education or certification achieved.

1. Employees who were receiving the Continuing Education Pay or who had begun coursework towards the first year of Continuing Education Pay (must have been pre-approved for the first year of coursework prior to February 22, 2017) are grandfathered to receive this pay, and are therefore eligible for the following types of pay:
(a) 2.75% for earning an Advanced P.O.S.T. Certificate
(b) 5.5% for earning a Bachelor’s Degree.
(c) 5.5% for earning a Master’s Degree, a Juris Doctorate Degree, or a PhD (d) 5.5% for Continuing Education Pay
These employees are eligible to receive either (c) or (d), but not both pays, so as not to exceed the maximum of 13.75% indicated above.

2. Employees who were not receiving the Continuing Education Pay and had not begun coursework towards the attainment of the Continuing Education Pay prior to the date of City Council approval of this MOUMarch 31, 2020 are eligible for the following types of pay:
(a) 2.75% for earning an Intermediate P.O.S.T. Certificate (b) 2.75% for earning an Advanced P.O.S.T. Certificate
(c) 5.5% for earning a Bachelor’s Degree
(d) 5.5% for earning a Master’s Degree, Juris Doctorate Degree or PhD If an employee achieves (a) – (d) above, he/she will no longer receive pay for the Intermediate P.O.S.T. certificate, so as not to exceed the maximum of 13.75%.

B. Certification and Education Incentive Pay Types
The following certification and education pays are available to members of this unit who meet the eligibility criteria.

1. Intermediate P.O.S.T. Certificate: Police Personnel who have earned an Intermediate P.O.S.T Certificate shall receive pay equal to 2.75% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

2. Advanced P.O.S.T. Certificate: Police Personnel who have earned an Advanced P.O.S.T. Certificate shall receive pay equal to 2.75% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

3. Bachelor’s Degree: Police Personnel who have earned a Bachelor’s Degree from an accredited college or university recognized by the Council for Higher Education Accreditation and/or its regional accrediting organizations, or any other college or university approved in advance by the Chief of Police Chief and Human Resources Director shall receive pay equal to 5.5% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

4. Master’s or Juris Doctorate or PhD Degree: Police personnel who have earned a Master’s or Juris Doctorate or PhD Degree from an accredited college or university recognized by Council for Higher Education Accreditation and/or its regional accrediting organizations, or any other college or university approved in advance by the Chief of Police Chief and Human Resources Director shall receive pay equal to 5.5% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

5. Continuing Education Pay: An employee eligible for Continuing Education Pay based on the criteria outlined in section “A” above shall receive 5.5% of an amount equal to the employee’s base salary plus any special assignment pays he/she is receiving when either of the following conditions are met:
a. Following completion of eighty (80) hours of pre-approved coursework within the prior fiscal year, employees will be eligible for the Continuing Education Pay for the following fiscal year. Courses must be pre-approved and successfully completed (Grade “C” or higher) in order for the employee to qualify.
b. Following attainment of the Continuing Education Pay for 6 consecutive fiscal years by way of the requirements in (a), employees will be eligible to receive Continuing Education Pay on a prospective basis without needing to take additional coursework under this section.

In order to qualify as continuing Education Pay, courses must be pre-approved and taken at an accredited college or university recognized by the Council for Higher Education Accreditation and/or its regional accrediting organizations or any other college or university approved in advance by the Chief of Police Chief and Human Resources Director.

C. Payment for Educational Expenses
Travel expense or per diem will not be reimbursed for educational courses taken by an employee where that employee will subsequently receive an education bonus for such education, Applications for reimbursement shall be submitted and processed in accordance with the Education and Training Administrative Regulation 3A.2.

6. HEALTH BENEFITS
A. Cafeteria Plan and Benefits
New hires are eligible for Cafeteria Plan benefits and health insurance beginning on the first day of the month following their start date.

The following insurance benefits are provided through a cafeteria plan adopted in accordance with the provisions of Internal Revenue Code § 125: medical insurance, dental insurance, and optical insurance.

1. City Contribution to the Cafeteria Plan
The City will contribute to the cafeteria plan on behalf of each employee an amount (which includes the PERS statutory minimum) determined annually by the method established herein. The total City contribution amount for each year will be determined by adding to the prior year’s contribution amount an amount equal to 80% of the net increase, if any, in the total cost of the monthly premiums for the following plans: (a) the employee plus family category of the PORAC medical insurance plan available through PERS, (b) the employee plus family category of the “Safety Standard” Guardian dental plan and (c) the employee plus family category of the “Safety Standard” optical VSP. The cafeteria plan contribution is used to purchase the optional benefits of medical insurance, dental insurance and optical insurance. Should the total premium cost of these three benefits decrease from one year to the next, the contribution amount from the City will remain the same for the following year.

For contributions effective January 1, 2020, the City has determined the City’s contribution using the 2019 actual contribution and 2020 premium rates, which are used in the following example to describe the City’s contribution:

The City’s 20192022 Cafeteria Plan contribution is $2,108.39. For 2020, the premium cost of the three plans described above decreased. Therefore, the City’s cafeteria plan contribution remains at $2,108.39. For 2021 and 2022For 2023, 2024 and 2025, assuming the cost of the plans increase, the City will increase its contribution by an amount equal to 80% of each year’s increase. The same methodology will be used each year of the MOU to determine increases in the City’s contribution.

2. Medical Insurance
The City contracts with the California Public Employees’ Retirement System (“PERS”) for medical insurance. The City will contribute the PERS statutory minimum on behalf of each participant in the program. Eligible employees may select any of the medical insurance plans offered by CalPERS.

An employee who elects to opt out of medical coverage offered by the City must be able to provide proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California).

If at any time during the term of the MOU, the City is subject to penalties under the ACA, the parties agree to reopen negotiations on that provision of the cafeteria plan subjecting the City to such penalties for the limited purpose of making changes to ensure that such penalties are avoided, provided that no changes can be made without mutual agreement of the parties.

3. Dental Insurance
Employees may select a dental insurance plan available from the City’s provider, Guardian. The City reserves the right to change dental insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider and, if the amount of the new monthly premium for family coverage shall exceed that due under the former plan, the City’s monthly cafeteria plan contribution shall be increased by the amount of the premium increase.

Employees do not have to choose any dental insurance and need not provide proof of dental insurance from another source in order to make that choice.

4. Optical Insurance
Employees may select an optical insurance plan available from the City’s provider, Vision Service Plan (VSP). The City reserves the right to change optical insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider and, if the amount of the new monthly premium for family coverage shall exceed that due under the former plan, the City’s monthly cafeteria plan contribution shall be increased by the amount of the premium increase.

Employees do not have to choose any optical insurance and need not provide proof of optical insurance from another source in order to make that choice.

5. Employee Contributions for Benefit Options
If an employee chooses optional benefits whose aggregate cost exceeds the total City contribution to the Cafeteria Plan, the City will automatically deduct the excess amount on a pre-tax basis from the employee’s bi-weekly payroll.

6. The Receipt of Cash Through the Cafeteria Plan
Employees will be eligible to receive cash up to a maximum of $475 per month (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan.

B. Flexible Spending Accounts
Employees have the opportunity to participate in both a health care and dependent care flexible spending account (each an FSA) whereby employees will be able to defer up to the maximum permitted by law) to pay for any eligible out of pocket expenses related to health care or dependent care on a pre-tax basis. The provisions of both of these FSA’s will be provided in a plan document. The plan document will be available to each eligible employee upon request. Before January 1 of every year, employees will be able to elect to have their compensation for the upcoming year deducted biweekly and contributed on a pre-tax basis to the FSA. During the year (and for a short grace period thereafter), an employee can receive reimbursements under the FSA for covered expenses incurred during the year, up to the amount of the employee’s elected contributions for the year.

The FSA deductions will be withheld from employees’ regular payroll. Any amount allocated but not used within the prescribed time limits shall be forfeited.

7. RETIREE MEDICAL INSURANCE
Each employee retiring from City service is eligible to continue coverage as a retiree through the group medical insurance plans offered through the California Public Employees’ Retirement System (“PERS”). The City shall pay the PERS statutory minimum on behalf of each retiree.

A. Tier 1: Retirees Hired Prior to July 1, 2012
For employees (in the bargaining unit as of the date of approval of this MOU) hired prior to July 1, 2012 who retire from the City (service retirement only), through age 70 the City shall pay the difference between the PERS statutory minimum and the actual cost of the medical insurance premium up to the two-party rate of the PERS PORAC Plan.

B. Tier 2: Retirees Hired On or After July 1, 2012
Employees hired by the City on or after July 1, 2012 who retire from the City will receive the PERS statutory minimum, which will be paid directly to PERS by the City should the retiree select a medical plan through PERS. In addition, for any employee hired into the unit as a new employee on or after July 1, 2012, in lieu of additional retiree medical insurance benefits, the City shall, while the employee is working for the City, contribute the sum of $275.00 per month ($126.92 per pay period) (effective the pay period including March 28, 2020 the amount will increase to $388.00 per month ($194.00 per pay period))) for twenty-four (24) pay periods – there will be no contribution in the third pay period of any month which has three pay periods) to a retirement health savings account on behalf of each employee. For employees who promote into the unit after July 1, 2012 who were City employees as of June 30, 2012, they will receive retiree medical benefits in accordance with the benefits of this MOU as though they were a member of the bargaining unit prior to July 1, 2012.

C. Retiree Medical Insurance for Employees Who Disability Retire:

An employee in Tier 1 (as described in paragraph A) who receives a disability retirement from the City is eligible for the benefits described in paragraph A above if the employee has 20 years of service with the Beverly Hills Police Department (which can include both sworn and non-sworn service in the Department) or is over 45 years of age at the time of his or her retirement.

8. LIFE INSURANCE
A. City-Provided Life Insurance
Employees shall be entitled to a $50,000 term life insurance policy. The full premium for such policy shall be paid for by the City under a life insurance program of its choosing.

B. Supplemental Term Life Insurance
Employees may also purchase supplemental term life insurance, if available, with deductions from their bi-weekly compensation as designated by each employee.

Employees cannot allocate cash contributions made to the cafeteria plan to pay the premiums for this supplemental term life insurance. However, they may, on a post-tax basis, allocate any cash back they receive from the cafeteria plan for that purpose, as a deduction from their paycheck.

9. DEFERRED COMPENSATION
A. City Contribution to Deferred Compensation
The City shall contribute $320.00 per month on behalf of each Police Officer to a deferred compensation account.

The City shall contribute $475.00 per month on behalf of each Police Sergeant to a deferred compensation account.

In addition to the above amounts, the City shall pay make an additional contribution to the deferred compensation accounts of Police Officers and Police Sergeants as follows:

Effective the pay period including March 31, 2020 (which is March 28, 2020 to April 10, 2020), the
The City shall make a contribution to employees in the classification of Police Officer in the amount of one three percent (13%) of step 5 for the classification of Police Officer.

Effective the pay period including March 31, 2020 (which is March 28, 2020 to April 10, 2020), the City shall make a contribution to employees in the classification of Police Sergeant in the amount of one percent (1%) of step 6 for the classification of Police Sergeant.

Effective the pay period including October 1, 2020, the City shall make a contribution to employees in the classification of Police Officer in the amount of two percent (2%), the one percent (1%) initially provided on March 28, 2020, and an additional one percent (1%) for a total of two percent 2%) of step 5 for the classification of Police Officer.

Effective the pay period including October 1, 2020, the City shall make a contribution to employees in the classification of Police Sergeant in the amount of two percent (2%), the one percent (1%) initially provided on March 28, 2020, and an additional one percent (1%) for a total of two percent (2%) of step 6 for the classification of Police Sergeant.

Effective the pay period including October 1, 2021, the City shall make a contribution to employees in the classification of Police Officer in the amount of three percent (3%), the two percent (2%) initially provided effective with the pay period including October 1, 2020, and an additional one percent (1%) for a total of three percent (3%) of step 5 for the classification of Police Officer.

Effective the pay period including October 1, 2021, the The City shall make a contribution to employees in the classification of Police Sergeant in the amount of three percent (3%), the two percent (2%) initially provided effective with the pay period including October 1, 2020, and an additional one percent (1%) for a total of three percent (3%) of step 6 for the classification of Police Sergeant.

As addressed in paragraph B below, the parties acknowledge that there is a statutory maximum amount which may be contributed into an employee’s deferred compensation account. Given the above contributions from the City, employees are responsible for ensuring that any individual contributions employees elect to make to their own deferred compensation accounts do not cause the account to exceed the maximum permitted by law. If the maximum permitted by law is reached prior to the end of a calendar year, there will no additional City contributions for the remainder of that calendar year.

B. Employee Contribution to Deferred Compensation
Employees may elect to contribute from their regular wages to deferred compensation accounts up to the IRS-established limits. In accordance with the tax laws, any cash that an employee may receive through the cafeteria plan may not be deferred to the employee’s deferred compensation accounts directly from the cafeteria plan.

C. Conversion of Sick Leave to Deferred Compensation
Employees may elect to convert accumulated sick leave to deferred compensation. The extra pay may only be used to fund IRS designated “catch-up” contributions (which may include the pre-retirement catch-up or age 50 catch-up) to deferred compensation. The following restrictions apply to this program:

1. The employee shall have a minimum of 15 years of service with the City of Beverly Hills.

2. The individual’s sick leave accrual balance cannot be reduced below 500 hours.

3. Contribution amounts and deferral limits will be governed by IRS Code restrictions and the deferred compensation plan rules related to “catch-up” contributions.

4. An employee may only convert the amount of sick leave he/she would be eligible to receive if he/she separated from service at the time of the sick leave conversion to deferred compensation.

10. CALPERS RETIREMENT BENEFITS
The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth in Exhibit “C” to this MOU.

A.

A. For “Classic Member” Employees

1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula for all employees hired before July 1, 2012 as set forth in California Government Code Section 21362.2. For employees hired after July 1, 2012 who are classic members, the City contracts with CalPERS to provide the 3% at 55 retirement formula as set forth in California Government Code Section 21363.1

2. Retirement Benefit Calculation Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for which “classic member” employees hired prior to July 1, 2012 in the unit are included per Government Code section 20042. For employees hired after July 1, 2012 who are classic members, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 20037.

3. Payment of Employee/Member Contribution: Classic members shall pay their entire Member Contribution equal to nine percent (9%) of compensation earnable and the City shall pay and report zero percent (0%) of compensation earnable as Employer Paid Member Contribution (EPMC). The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

B. B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7%@ 57 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.25(d).

2. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA, each such employee’s final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

3. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount is currently determined by CalPERS and will continue to be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pretax basis.

C. C. Additional Optional Benefits For All Employees

1. 1. 1959 Survivor's Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor's Benefit per Government Code section 21574.

2. Military Service Credit: The City’s contract with CalPERS provides the Military Service Credit option set forth in Government Code section 21024.

3. Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551.

4. Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.

5. Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620.

6. Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

7. Post Retirement Survivor Allowance as set forth in Government Code section 21635, 21624/21626.

11. HOLIDAYS
A. A. Holidays
Employees on patrol or who otherwise work a 3/12.5 hour schedule shall be entitled to holiday in lieu pay of 12.5 hours for the nine holidays listed below if they were in paid status for the entire day the day before and the day after the holiday (i.e., either the employee worked or was absent using paid leave for the entire day on such workdays).

Employees who are not on patrol or who otherwise work the 4/10 work schedule shall receive ten hours off from work with pay for the ten holidays listed below. If the holiday falls on an employee’s regularly scheduled day off, the employee shall receive holiday in lieu pay of 10 hours.

Pre-Service Police Officers assigned to a 5/40 work schedule will generally receive 8 hours off from attendance at the academy for any of the holidays for non-patrol employees as described below. If a Pre-Service Police Officer is required to work a holiday, he/she will receive 8 hours of holiday pay in lieu of receiving the holiday off.

PATROL or on a 3/12.5 Work Schedule
New Year's Day January 1
Martin Luther King Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25
NON-PATROL or on a 4/10 Work Schedule
New Year's Day January 1
Martin Luther King Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25
If an employee who works a 3/12.5 is assigned a 4/10 work schedule because he/she is working a modified duty assignment, he/she will be provided the day off for the holiday and paid ten (10) hours for the holiday.

B. B. Personal Holiday
Employees shall be entitled to one personal paid holiday each fiscal year; for employees assigned to patrol or otherwise on a 3/12.5 schedule this shall be a 12.5 hour holiday, for all employees on a 4/10 schedule it shall be a 10 hour holiday. This holiday may be taken at the employee's discretion subject to his/her supervisor's and the Chief of Police Chief or designee’s approval. The employee shall request this holiday in writing. This holiday is non-accruable from one year to the next and shall not be paid for if not taken.

Employees hired between April 1 and June 30 will not be credited with a personal holiday until the following fiscal year.

12. VACATION
A. A. Authorization For Taking Vacation
Upon completion of 12 months of service and approval of the Chief of Police Chief or designee, employees may take accrued vacation leave.

An employee entitled to vacation leave shall make a written request to use vacation in the manner and within the time directed by the Chief of Police Chief or his/her designee.

The Chief of Police Chief or his/her designee shall establish a vacation schedule for each calendar year based as much as possible upon application and seniority of the employees concerned. Vacation schedules are subject to the Chief of Police Chief or designee’s right to plan work under his/her control. He/she shall notify every employee requesting vacation whether his/her request is approved within a reasonable time.

B. B. Holidays During Vacations
When a holiday falls within an employee's vacation leave, for employees on patrol or who otherwise work a 3/12.5 work schedule who receive holiday-in-lieu pay, the day will still count against vacation since the employee will be receiving holiday in lieu pay as well.

For employees who are being paid for not working on the holiday (i.e., those who work a 4/10 work schedule) the day will not count against the employee’s vacation as the employee is already off of work for the holiday.

C. C. Vacation Accumulation
Vacation credit shall be accrued bi-weekly to employees at the following rates:

AFTER 4 YEARS
FIRST 4 YEARS THROUGH 14 YEARS AFTER 14 YEARS

OF SERVICE OF SERVICE OF SERVICE

3.07 Hours 5.54 Hours 7.39 Hours
Bi-weekly Bi-weekly Bi-weekly
80 Hours/Year 144 Hours/Year 192 Hours/Year
Employees with fourteen years of service or less may not accumulate more than 432 hours of vacation and will not continue to accrue vacation until their balance falls below 432 hours.

Employees with more than fourteen (14) years of service may not accumulate more than 480 hours of vacation at any time and will not continue to accrue vacation until their balance falls below 480 hours.

D. Vacation Cash-Out
Effective for calendar year 2021 and every year thereafter: By December 15 (the first year being 2020)By December 15 of each year, employees may make an irrevocable election to cash out up to forty (40) hours of vacation leave which will be earned in the following calendar year, provided that at the time of the cash out, the employee has minimum of 240 hours of accrued vacation leave.

The employee will be paid for the vacation hours (up to a maximum of forty (40) hours) they irrevocably elected to cash out on the first pay day in January (the first year being 2022)..

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

In addition to the above, starting in calendar year 2021, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued vacation. The amount of vacation which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency is limited to forty (40) hours. These forty (40) hours would be the same forty (40) hours the employee elected to cash out, not an additional forty (40) hours.

E. E. Briefing Preparation Time
Sergeants receive briefing preparation time of 50 hours per calendar year which shall accrue as 1.92 hours of compensatory time off each pay period. The accrual of this compensatory time off is intended to compensate the Sergeants in accordance with the Fair Labor Standards Act. The parties acknowledge that keeping track of pre-briefing hours is difficult and this agreement to pay for briefing preparation time is intended to comply with 29 CFR section 785.23 of the Department of Labor regulations implementing the FLSA. An employee who is at the maximum accrual for compensatory time as provided by this MOU during any pay period shall receive pay for the 1.92 hours for prebriefing time.

13. SICK LEAVE
Except as is otherwise provided, employees shall accrue, use and be compensated for sick leave as follows:

A. Accrual
Employees shall accrue sick leave at the rate of 3.69 hours for each complete biweekly period of employment. During years in which there are 27 pay dates, there will be no sick leave accrual during the 27th pay date. Payroll division records are the final authority for settling disputes regarding accrued sick leave and vacation.

B. New Employment
During the first six (6) months of employment, a new employee may use up to three (3) days of sick leave. After six (6) months, an employee may use any approved sick leave he/she has accrued.

C. Use of Sick Leave
Accumulated sick leave may be used by an employee during any period of illness of the employee, spouse, child, or registered domestic partner if the illness requires the presence of the employee. In addition, an employee may use up to one half of one year’s annual accrued sick leave (48 hours per calendar year) for his/her parent, sibling, parentin-law, grandchild or grandparent.

D. Sick Leave Incentive
After completion of one full year of service, police personnel who use twenty four (24) (twenty five (25) effective in 2021) hours or less of sick leave each payroll year (defined as the year that ends at the end of the last full pay period in December where the pay day is also in December) may elect to receive cash payment for up to 24 (25 in 2021 and thereafter)25 hours of the accumulated unused sick leave during the month of January of the following year. Accrued unused sick leave shall be cashed out at separation as provided for in paragraph 16A of this MOU. Eligible sick leave for 2020 will be paid as provided in this paragraph (which will be paid in January 2021).

Effective for sick leave accrued in calendar year 2021 and every year thereafter, if If an employee wants to cash out sick leave (because he/she has used twenty-five (25) hours of sick leave or less), he/she must comply with the following: By December 15 (the first year being 2020) of each year, employees may make an irrevocable election to cash out up twenty-five (25) hours of sick leave which will be earned in the following calendar year. If the irrevocable election is not made, the employee will not have any of his/her sick leave cashed out in January of the year after it was accrued.

14. BEREAVEMENT LEAVE
Bereavement leave is an absence occasioned by the death of a family member, herein defined as a spouse, parent, brother, sister, child, step-child, grandparent, in-law or registered domestic partner of the employee
Forty (40) hours of bereavement leave, per calendar year, may be used in the event of the death of a family member. In the event an employee needs additional time off for this leave, he/she may use up to 40 hours of sick leave per calendar year.

Requests for bereavement leave shall be made in writing, when feasible and shall be approved by the Chief of Police Chief or designee and the Human Resources Director or designee.

15. WITNESS LEAVE
Employees who are required to serve as a witness pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding in a matter other than one to which the employee is a party, or who are required to serve as a juror, shall be allowed time off without loss of pay to perform such duties. All fees to which the employee is entitled by law for such service shall be paid (less transportation allowance, if any) to the City. This Article is not applicable to those employees participating in judicial or quasi-judicial proceedings that are within the scope of their employment.

16. LEAVE WITHOUT PAY
Requests for leaves of absence without pay must be submitted through the chain of command and approved by the Chief of Police or designee and shall be used only if all appropriate accrued leaves have been exhausted. Employees on leaves of absence without pay shall not accrue vacation, leave rights, nor shall the City pay for any fringe benefits. Decisions whether to grant such a leave will be made based on operational needs of the Department.

17. LEAVE PAYOFFS UPON SEPARATION FROM CITY SERVICE
A. Sick Leave Pay-Off
All accrued, unused sick leave at the date of separation from City service shall be the basis for determining the amount to be paid to each employee who qualified to receive sick leave pay off.

1. Employees who have achieved ten (10) or more continuous years of service shall be eligible for sick leave pay upon separation of employment with the City at the rate of three percent (3%) of accrued, unused sick leave per full year of service.

Sick leave shall be calculated at the rate of pay, including all education and assignment pays, received by the employee at the time of his/her separation.

2. Police personnel who have achieved twenty (20) or more continuous years of service shall be eligible for sick leave pay upon separation of employment with the City at the rate of four percent (4%) of accrued, unused sick leave per full year of service. Sick leave shall be calculated at the rate of pay, including all education and assignment pays, received by the employee at the time of his/her separation.

Police personnel eligible to receive sick leave pay shall receive the pay at the time of termination. At no time can the percentage of sick leave payoff exceed 100%.

B. Vacation Pay-Off
Employees who terminate from City service shall receive an amount equal to accrued unused vacation at the time of termination. The rate of payoff shall be based on the rate of pay at the time of separation.

18. UNIFORM ALLOWANCE
The City shall furnish the initial uniform and necessary equipment to each sworn Police employee. The administration of this program is contained in Administrative Regulation 3.B.7.

The City shall provide $700 per year for uniformed personnel and $800 per year for nonuniformed personnel as a uniform and equipment allowance. Effective January 1, 2021, all members of the bargaining unit shall be provided $800 for uniform allowance. The uniform allowance, which shall begin to be paid in the first pay period after being hired as a Police Officer shall be paid 1/26th of the annual amount each pay period. In addition to these amounts, the City will replace or repair the uniforms of uniformed personnel whose uniforms are damaged or destroyed in the course of performing their duties. In calendar years in which there are 27 pay periods, employees shall not receive the uniform allowance payment for the 27th pay period.

19. OVERTIME/WORK HOURS
Police personnel shall earn overtime when required to work holidays, normally scheduled days off, in excess of their normal daily work hours, or in excess of their prescribed work period.

Whether an employee shall be paid overtime compensation or accrue compensatory time off shall be determined by the Chief of Police Chief or his/her designee.

The maximum amount of compensatory time off an employee can accrue is 160 hours (i.e., 106.66 hours of overtime accrued as compensatory time off at time and one half is 160 hours).

An employee may use his/her accrued compensatory time off by providing reasonable notice. A request to use compensatory time off which was requested with reasonable notice will not be denied unless the request would be unduly disruptive to the department. The parties agree that having to pay overtime to another employee who works the shift does not constitute undue disruption to the City.

An employee will be cashed out of accrued compensatory time off if they are promoted into a bargaining unit which does not have compensatory time off for employees in the unit (e.g., a promotion to the Police Management Association).

All MOU overtime pay (non-statutory overtime) shall be paid at one and one half times the regular rate of pay, as defined in the FLSA, except that cash received by employees who either opt out of health insurance or receive cash back for using less than the amount provided by the City shall not be included in those calculations.

A. Accurately Reporting Time Worked
Employees are required to accurately report all time worked on their time sheets and submit all timesheets by the deadline established by the Payroll Division of the Finance Department.

Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time. This is illustrated by the following:
0-3 Minutes – No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour
The parties agree that if the makes any timekeeping system upgrades during the term of this MOU, if there are any meet and confer/consult obligations (either impacts or any decisions which may require meet and confer) the Association and/or the City agree to promptly meet and confer/consult if requested by the other party.

B. Court Time
Employees called to appear in court shall receive a minimum of four (4) hours of overtime compensation (as defined above); except, that if the court appearance time is contiguous, either before or after, to the employee's assigned shift, the employee will be paid overtime for a minimum of one (1) hour or for the actual time spent in court, whichever is greater. If the court time occurs during the employee’s regular shift, he/she will receive his/her regular wages.

C. Call Back
Employees who are called back to work shall receive a minimum of four hours paid at the employee’s base rate of pay even if the call back is less than four hours. Employees called back for more than four hours will be paid at time and one half for all hours worked beyond four hours.

D. Standby/On-Call
If an employee is required to be on standby/on-call by the Department or in any proceeding arising from the employee’s official duties in which standby is specifically approved by the Department , the employee shall receive an amount equal to three hours (at the straight time rate) compensation per day. This compensation will be paid or earned as compensatory time off at the employee’s discretion. If employees are requested to be on standby/on-call by any supervisor other than their immediate supervisor, the employee shall advise their immediate supervisor or the subpoena supervisor (as designated) for court stand by. If an employee is requested to be on standby/on-call by the District Attorney or other agency or entity, the employee shall contact a representative from the issuing entity (e.g., the District Attorney’s Office) and log the date, time, person spoken to, and title in the on call court time overtime request form to ensure approval for payment of standby/on-call pay. The hourly rate shall be computed by using the employee’s base rate of pay. Employees are not eligible for court stand by time, when the stand by time is during their work hours.

The employee shall provide the department with a telephone number at which he/she can be reached. The employee must be able to respond to the proceeding within the amount of time he/she would be able to return if traveling from his/her residence. An employee on standby/on-call shall remain fit for duty and be at a location where they can receive phone calls.

E. E. Special Jobs
An employee as defined in the Beverly Hills Police Department Manual working a “Special Job”, as defined in the Beverly Hills Police Department Manual, shall receive a minimum of four (4) hours of pay at the overtime rate (as defined above). An employee is not permitted to work on a special job during the work hours of his/her regular work schedule. As such, an employee cannot be paid for his/her regular hours (by use of leave) and work on a special job during the same hours except as provided below.

If a special job is not filled within 48 hours of its start time (by employees signing up to work the special job) and must be filled due to safety and/or it is determined to be in the best interest of the Department that the special job be filled (as determined by the employee’s direct supervisor and the supervisor in charge of special jobs) an employee may work the special job during his/her regular work hours. As such, an employee can be paid for his/her regular hours (by use of his/her accrued leave) and work on a special job during his/her regular work hours. Employees working a special job under this provision shall receive pay for a minimum of four (4) hours or the actual hours worked (whichever is greater) at time and one half of their regular rate of pay.

Notwithstanding the above, the parties agree if an employee is requested/directedassigned to provide police services related to a heavy haul or escort, that work is not a special job. If this occurs during an employee’s regular work hours, he/she shall receive time and one half pay for the actual time spent providing such police services on the heavyHeavy haul and/or escort. An employee shall record his/her hours as regular work hours but receive the additional half time (.5) (as straight overtime) for the time worked on the heavy haul or escort. Employees do not use leave time during the time spent on the escort and/or heavy haul since it is during regular work hours.

Under this provision, an employee working heavy hauls or escorts on theirwill be performed as part of a regularly scheduled shift shall not receive a minimum amount of hours and will be paid on an hour for hour basis at the aforementioned time and one half their regularemployee’s base rate of pay. Employees working heavy hauls or escorts under this provision on days other than on non-regularly scheduled shifts, shall receive pay for a minimum of four (4) hours or the actual hours worked (whichever is greater) at time and one half of their regular rate of pay.

An employee on modified duty is not permitted to work a special job.

The parties agree that their agreed upon modifications to this section E in the 2019-2023 MOU, go into effect on March 28, 2020.

F. Shift Trading
The parties agree the provisions below are compliant with the Fair Labor Standards Act.

Unit members have the right to trade shifts with their colleagues within the same classification subject to the following conditions:
a. Both employees agree to the shift trade voluntarily. b. The employees trading the shifts shall request supervisor approval prior to the first affected shift. Supervisors will not unreasonably deny a trade. c. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet.
d. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. However, the parties agree shift trades will be accomplished by the employees who trade within the same pay period. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back. e. If an employee who agrees to work a shift trade calls in sick, that employee’s sick leave will be reduced, not the employee who was regularly assigned the shift.

G. Rest and Recovery

When employees’ work hours in addition to those of their regular work schedule, and are scheduled to work the next day, the possibility exists that the employee will not have at least eight (8) hours off between shifts. If that occurs, an employee is permitted to either 1) utilize accrued leave (except for sick leave) to ensure at least eight hours off between the end of their work shift and the start time of their next shift, or 2) start their next shift eight (8) hours after the end of their work on the prior shift. If this option is chosen, employees will start working after the regularly scheduled start time and work the same number of hours as their regularly scheduled shift so that they will not need to use accrued leave. Regardless of which of these two options is chosen, employees shall let their supervisor know which of these two options will be used to ensure eight hours off (i.e., appropriate rest and recovery) between shifts.

The parties agree that this section G goes into effect on March 28, 2020.

20. WORK SCHEDULE
The workweek for Pre-Service Police Officers shall be 168 regularly recurring hours. Most PreService Police Officers will work a 5/40 schedule, but other schedules may be assigned at the discretion of the Chief of Police Chief. For employees working a 5/40 or 4/10 work schedule, it shall begin on Saturday at 12:00 a.m. and end at 11:59 p.m. the following Friday. For employees working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four hours after the start time of his/her eight hour shift on the day of the week that corresponds with the employee's alternating regular day off.

Police Personnel will work a 4/10 or 3/12.5 work schedule. Those employees assigned to the Patrol Division shall work the 3/12.5 work schedule. Police personnel assigned to Motors shall work a 4/10 or a 3/12.5 work schedule. Those employees assigned to a 4/10 work schedule shall work 4 days per week, 10 hours per day.

Flexible scheduling on the use of two-person patrol vehicles in the early morning hours shall be the decision of the Watch Commander. There shall be no automatic doubling up of employees and such assignments may be made based upon available employees and the ability to provide adequate patrol coverage throughout the City.

Police Personnel assigned to a 3/12.5 work schedule shall work three 12.5 hour shifts during each of the four weeks of a 28-day FLSA work period. In addition, the employee shall work one additional ten (10) hour shift during the same work period. For those employees assigned to the 3/12.5 work schedule, overtime shall be defined as all time worked and/or regarded as having been worked because of use of a paid leave of absence in excess of the scheduled daily work shift and/or 160 hours in a 28-day work period. The ten (10) hour make-up shift for employees scheduled to work the 3/12.5 work schedule can occur at any time during the 28-day work period.

The date will be assigned based on the operational needs of the department.

For those employees assigned to a 4/10 work schedule, overtime shall be defined as all time worked and/or regarded as having been worked because of use of a paid leave of absence in excess of the regularly scheduled work day or 40 hours in a seven day workweek.

Pursuant to Section 7(k) of the FLSA, the City has adopted a 28-day work period for all sworn police personnel.

21. ASSOCIATION TIME - BOARD MEMBERS
Beverly Hills Police Officers’ Association Board members, subject to the approval of the Chief of Police Chief or designee, shall be allowed a reasonable period of time without loss of compensation for the sole and exclusive purpose of conducting transactions of the Beverly Hills Police Officers’ Association. The amount of time shall not exceed one (1) hour per day for each Board member and an aggregate not to exceed five hundred (500) hours per calendar year for all such Board members provided every reasonable effort is made to conduct Association meetings and/or business on nonduty time. Permission to attend Association meetings on duty must be obtained 48 hours in advance from Chief of Police Chief or designee. Permission to conduct Association business on duty must be obtained in advance from the Chief of Police Chief or designee. Approval to conduct Association business or attend Association meetings is conditioned upon field and/or assignment conditions.

As part of the five hundred (500) hours per year paid release time for Association Board members, up to a total maximum of six (6) days may be used to attend police related conferences, seminars or conventions. Permission to attend such conferences or conventions must be obtained two (2) weeks in advance from the Chief of Police Chief or designee. Employees must track their use of the five hundred (500) hours in the City’s timekeeping system by using appropriate payroll codes so that the City’s payroll staff can keep accurate, ongoing records of the amount of leave used for the year at any time.

The Association must notify the Human Resources Director in writing of changes in its Association Board.

22. DISCIPLINE
This Article applies to sworn police personnel only and is not applicable to pre-service Police Officers, who do not attain permanency and are not covered under the Peace Officers’ Procedural Bill of Rights Act. Where the term “employee” appears in this article it is referring to sworn police personnel – a Police Officer or Police Sergeant.

A. Disciplinary Procedure for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal

1. Pre-Action Due Process for Disciplinary Transfer, Step Reduction, Suspension, Demotion and Dismissal
Prior to being subject to disciplinary transfer, step reduction, suspension, demotion or dismissal, an employee will first be served with a notice of intent to discipline. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence to which the employee is entitled by law.

The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed.

If the employee chooses to respond in writing, he/she must insure his/her response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the oral response (in accordance with Skelly vs. the State Personnel Board) will take place.

At the Skelly response (assuming the employee wants to respond orally), the employee has the right to be represented per Government Code section 3303(i).

The Skelly response is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline.

The City representative who will hear the response (Skelly Officer) may or may not be the person who issued the notice of intent to discipline. If the Skelly officer is not the person who recommended the discipline, he/she will be at or above the rank of the individual issuing the discipline. The Skelly Officer’s decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed.

If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a notice of discipline. Like the notice of intent, the notice of discipline shall set forth the grounds, and facts supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The notice of discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a notice of appeal to the Human Resources Director within seven (7) calendar days.

The Notice of Discipline will set forth the effective date of the discipline.

2. Appeal Rights For Employees Subjected to Disciplinary Transfer, Step Reduction, Suspension, Demotion and Dismissal
The following sets forth the appeal rights for employees subjected to a disciplinary transfer, step reduction, suspension, demotion and dismissal. a. Hearing Officer Selection
i. The parties, through their respective representatives, shall mutually agree upon a hearing officer.

ii. In the event the parties are unable to agree on a hearing officer:
a) The City will request a list of seven (7) neutral hearing officers from the California State Mediation and Conciliation Service ("SMCS"). The request will be sent by email and the employee’s representative will be cc’d on the request.
b) Once a list is received from the SMCS, the parties shall toss a coin to determine striking order, with the winner selecting between the options of striking first or striking second. The parties shall then alternately strike names from the list until only one name remains. The remaining name shall be the
hearing officer unless the parties mutually agree to request a new list or mutually agree on a different hearing officer. b. Hearing Officer's Authority
i. The hearing officer shall have full authority to decide the appeal, including questions of fact and conclusions of law, but shall be bound by all applicable codes, rules, policies, procedures, and regulations. The hearing officer shall also be bound by the terms of this MOU.
ii. The hearing officer shall preside over a hearing at which evidence and arguments of the parties may be presented. Except as otherwise mutually agreed by the parties, the hearing officer shall determine the procedures to be followed for the hearing, with due regard for the rights of the parties.
iii. The hearing officer shall rule on all evidentiary matters and need not follow the strict rules of evidence.
iv. The burden is on the moving party to prove any charge by a preponderance of the evidence.
v. The hearing officer shall administer oaths, as authorized by law. vi. The hearing officer shall issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of evidence, as authorized by law.
vii. The hearing officer shall issue a written decision within 30 (thirty) calendar days of the close of the hearing. However, failure of the hearing officer to issue a timely decision shall not constitute grounds for challenging the decision as being beyond the hearing officer's authority.

c. Final Decision, Judicial Review
i. The written decision of the hearing officer shall be the final decision within the City's administrative process.
ii. Either party may appeal the decision of the hearing officer to the Superior Court according to the procedures and subject to the standards provided in Code of Civil Procedure § 1094.5 by filing a writ of administrative mandamus.
d. Expenses
i. Each party shall bear its own costs and attorney fees in connection with processing of a covered appeal and the hearing.
ii. Both the City and the Association shall each pay one-half of the mutually incurred costs of the hearing. The mutually incurred costs of the hearing will be limited to the reasonable fee and expenses of the hearing officer and court reporter. Except as otherwise mutually agreed, the City will provide a meeting room at Beverly Hills City Hall, or another City facility, suitable for conducting the hearing.

B. Administrative Appeal for Employees Subject to Discipline Other Than Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal The following administrative appeal process is established pursuant to Government Code § 3304.5. This procedure shall not apply to disciplinary actions for which employees already are entitled to receive an appeal hearing for disciplinary transfer, step reduction, suspension, demotion and dismissal (outlined in Section “A” above).

1. Right to Administrative Appeal Under this Procedure
a. Any employee who is subjected to punitive action (within the meaning of Government Code § 3303) other than dismissal, demotion, step reduction, suspension or disciplinary transfer, shall be entitled to receive an administrative appeal under this procedure. The employee shall not be entitled to appeal the action prior to its imposition, i.e., an employee shall not be entitled to receive a hearing akin to a Skelly hearing or other predisciplinary appeal hearing prior to imposition of the punitive action.

2. Notice of Appeal
a. Within five (5) calendar days of receipt by an employee of notification of punitive action as set forth above, the employee shall notify the Human Resources Director in writing of his/her intent to appeal the punitive action.
b. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

3. Hearing Officer
a. The City Manager shall have twenty-one (21) calendar days from receipt of the notice of appeal to designate himself/herself as the hearing officer or appoint a neutral hearing officer who is not embroiled in the controversy, i.e., a person who did not initiate or authorize the action in question. b. The hearing officer appointed by the City Manager shall serve in an advisory capacity and shall be responsible for making recommended findings of fact and issuing an advisory decision to the City Manager. The City Manager may adopt, modify, or reject the hearing officer’s recommendations and advisory decision and the City Manager’s decision shall be final and binding.

4. Burden of Proof/Persuasion
a. If the action being appealed does not involve allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, and/or City or Police Department regulations, procedures, or rules) the limited purpose of the hearing shall be to provide the employee the opportunity to establish a record of the circumstances surrounding the action. The City’s burden shall be satisfied if the City establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances.

For example, if the Police Department effected a non-disciplinary transfer of an employee out of a premium pay assignment with the intent of affording other employees the opportunity to work in the assignment, the decision would not be subject to being overturned as long as it was reasonable, even if one or more persons might disagree with the decision.

b. If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances.

For example, if an employee received a written reprimand for unauthorized absence from work then the City would bear the burden of proving that the employee was absent from work without authorization and that a written reprimand was reasonable under the circumstances.

5. Conduct of Hearing
a. The formal rules of evidence do not apply, although the hearing officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative.
b. The parties may present opening statements.
c. The parties may present evidence through documents and testimony. i. Witnesses shall testify under oath.
ii. The hearing officer shall issue subpoenas for documents or testimony upon reasonable request of the parties.
d. The parties shall be entitled to confront and cross-examine witnesses. e. Following the presentation of evidence, if any, the parties may submit oral and/or written closing argument for consideration by the hearing officer.

6. Recording of the Hearing
If the punitive action involves an allegation of misconduct, then the hearing shall be stenographically recorded by a certified court reporter. Otherwise, the hearing may be tape recorded. The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript.

7. Representation
The employee may be represented by an association representative or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the employee.

The City shall also be entitled to representation at all stages of the proceedings.

8. Decision
a. If a hearing officer is appointed by the City Manager, the hearing officer shall issue his/her advisory decision in writing within sixty (60) calendar days of the submission of the case by the parties for decision. The written decision shall set forth proposed findings of fact and a proposed decision. b. Within ten (10) calendar days of receipt of the advisory decision, the City Manager shall serve the parties with written notice of his/her decision adopting, modifying, or rejecting the hearing officer’s recommendations and decision. If the City Manager modifies, or rejects the hearing officer’s decision, then he or she shall review the entire record prior to making a decision.
c. If the City Manager hears the appeal him/herself, he/she will issue his/her decision within sixty (60) calendar days of the submission of the case by the parties for decision. The written decision shall set forth his/her findings of fact and final decision.
d. The decision shall be served by first class mail, postage pre-paid, upon the employee as well as his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the police personnel that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6.

23. NON-DISCRIMINATION
The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religion, sexual orientation, medical condition, gender, gender identity, gender expression, color, sex, age, disability, national origin, ancestry, or any other protected classification recognized by the law.

24. SAVINGS CLAUSE
If any benefit or provision of this MOU is deemed by a court of competent jurisdiction to be illegal or otherwise unenforceable, the remaining benefits or provisions of this MOU shall remain in full force and effect. In the event of such invalidation, the City and the Association shall meet and confer in good faith concerning such invalidation.

25. MANAGEMENT RIGHTS
The management and the direction of the work force of the City are vested exclusively in the City, and nothing in the MOU is intended to circumscribe or modify the existing rights of the City including but not limited to the direction of the work of its employees; the right to hire, promote, demote, transfer, assign, schedule and retain employees in positions within the City; subject to the rules and regulations of the City; suspend or discharge employees for just and proper cause; to maintain and improve the efficiency of governmental operations; to relieve employees from duties because of lack of work or funds; to take action as may be necessary to carry out the City's mission and services in emergencies; to determine the methods, means and appropriate job classifications, organizational structure and personnel by which the operations are to be carried out; and to establish reasonable performance standards for personnel, including but not limited to qualifications and quantity standards. In addition to the foregoing, the parties agree that the City may demand to meet and confer over the subject of furloughs.

26. GRIEVANCE PROCEDURE
The City and the Association recognize that disputes related to this MOU will occur from time to time. It is both parties’ intent and desire that any such disputes be resolved quickly and amicably.

However, the parties recognize that occasionally disputes will need to be resolved by a neutral.

It is for that reason that the parties agree to the following provisions of their grievance procedure.

A. Definition of a Grievance:

An allegation by an employee or the Association that there has been a violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice(s) of the City and/or Department. This grievance procedure is the sole and exclusive method for either an employee or the Association to allege a violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice of the City or the Department .

B. Timeliness of a Grievance:

A grievance must be filed within 30 days of the occurrence giving rise to the grievance or the time within which the grievant (either the employee or Association) knew or should have known of the occurrence.

C. Grievance Procedure:

The parties acknowledge that a grievance procedure is beneficial to resolve MOU disputes.

1. Step 1 – If the Association is the grievant – Communication with the Human Resources Department: Whenever the Association believes that there has been a violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice of the City or the Department, the Association shall inform the Human Resources Director in writing of the alleged violation, misinterpretation or misapplication. The Human Resources Director shall either promptly schedule a meeting with the designated Association representative to discuss the grievance or may respond in writing within thirty (30) calendar days. If a meeting is scheduled, the Human Resources Director shall present his/her determination in writing within thirty (30) calendar days of the meeting. The response will be sent by e-mail to the designated Association representative.

2. Step 1 – If an employee is the grievant - Communication with department head or Designee: The employee must present, in writing, to the employee’s department head (or the department head’s designee if one is established) a document setting forth the alleged violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice of the City or the Department. The department head or designee shall either promptly schedule a meeting with the grievant (the employee (who may be represented if he/she wishes)) to discuss the grievance or may respond in writing within thirty (30) calendar days. If a meeting is scheduled, the department head or designee shall present his/her determination in writing within thirty (30) calendar days of the meeting. The response will be sent by e-mail to the employee or designated the Association representative.

3. Step 2 –Advisory Arbitration: If the employee or the Association is not satisfied with the results of Step 1 the employee or the Association may move the grievance to advisory arbitration. To do so, the employee or the Association must present, in writing, to the Human Resources Director a document setting forth the alleged violation, misinterpretation or misapplication of the terms of this MOU rules and regulations, policies and/or any past practice of the City or the Department and requesting that the grievance be submitted to advisory arbitration. This document must be presented within ten (10) calendar days of the date the Step 1 response was e-mailed to the employee.

If the Human Resources Director or department head does not respond within the time limits for a response, the matter shall automatically be submitted to advisory arbitration or the Association representative or within ten (10) calendar days from the last date the response was due if no response is given.

4. Once moved to advisory arbitration, the Human Resources Director shall promptly send a letter to the grievant (either the employee or the Association) advising the grievant as to who the City’s representative will be. The grievant shall then contact the City’s representative for the purpose of determining whether the parties can agree on an arbitrator to hear the grievance. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing.

5. During the hearing, the formal rules of evidence do not apply. The cost of the arbitrator, a court reporter (if the parties agree on the use of a court reporter) shall be split between the City and the grievant. If the employee is pursuing a grievance without the support of the Association, the employee shall be responsible for one-half of the costs of the arbitration.

6. Once the arbitrator issues his/her advisory recommendation, it will be submitted to the City Manager.

7. The arbitrator shall provide copies of his/her recommendation to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, the Association (or the employee if proceeding on his/her own) and the applicable department head may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why.

Within thirty (30) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue a written decision and send such decision to the Human Resources Department. The Human Resources Department shall provide copies of the decision to the grievant and the applicable department head. If the City Manager fails to accept, reject or modify the arbitrator’s opinion and award within thirty-five (35) calendar days of receipt by the City Manager, it shall be considered accepted.

8. The City Manager may accept, reject or modify the advisory arbitrator's opinion or any part thereof. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statements (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator.

FOR THE CITY OF BEVERLY HILLS
_________________________ __________________________
Shelley OvromGeorge Chavez Date
_________________________ __________________________
Kirsten Rowe Date
_________________________ __________________________
Peter Brown Date
FOR THE BEVERLY HILLS POLICE OFFICERS’ ASSOCIATION
_________________________ __________________________
David Leber Date
_________________________ __________________________
Joshua Cudworth Date
_________________________ __________________________
William FairDavid Leber Date
_________________________ __________________________
Stuart Adams

APPROVED AS TO FORM
_________________________ __________________________
Peter J. Brown Date

EXHIBIT A

SALARY SCHEDULES
Effective 9/29/201805/21/2022

POLICE OFFICER SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-39 1
$ 42.57
$ 48.79
$ $ 3,405.64
903.22
$ 7,378.88 $
8,456.97
$ 88,546.53 $
101,483.59
P-39 2
$ 44.94 $

51.51 $ 3,595.53 $
4,120.86
$ 7,790.32 $
8,928.53
$ 93,483.89 $
107,142.32
P-39 3
$ 47.45 $

54.38 $ 3,796.02 $
4,350.64
$ 8,224.71 $
9,426.38
$ 98,696.55 $
113,116.58
P-39 4
$ 50.10 $

57.42 $ $ 4,007.69
593.23
$ 8,683.32 $
9,952.00
$ 104,199.88 $
119,423.97
P-39 5
$ 52.89 $

60.62 $ $ 4,231.16
849.35
$ 9,167.51 $
10,506.92
$ 110,010.06 $
126,083.04

POLICE SERGEANT SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-46 1
$ 51.47 $

58.99 $ $ 4,117.85
719.49
$ 8,922.02 $
10,225.57
$ 107,064.21 $
122,706.78
P-46 2
$ 54.34 $

62.28 $ $ 4,347.47
982.65
$ 9,419.51 $
10,795.74
$ 113,034.10 $
129,548.91
P-46 3
$ 57.37 $

65.76 $ 4,589.88 $
5,260.48
$ 9,944.74 $
11,397.72
$ 119,336.92 $
136,772.59
P-46 4
$ 60.57 $

69.42 $ 4,845$
5,553.81
$ 10,499.26 $
12,033.25
$ 125,991.14 $
144,399.02
P-46 5
$ 63.95 $

73.29 $ $ 5,116.02
863.49
$ 11,084.70 $
12,704.23
$ 133,016.40
$152,450.72
P-46 6
$ 67.52 $

77.38 $ 5,401.28 $
6,190.44
$ 11,702.78 $
13,412.61
$ 140,433.39 $
160,951.36

PRE-SERVICE ENTRY LEVELPOLICE OFFICER

SALARY RATES
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY

$ 40.11
$ 45.97
$ $ 3,208.63
677.42
$ 6,952.03 $
7,967.75
$ 83,424.36 $
95,613.05

EXHIBIT A

SALARY SCHEDULES
Effective 3/28/202009/24/2022

POLICE OFFICER SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-39 1
$ 43.42
$ 50.25
$ 3,473.75$
4,020.31
$ 7,526.46$
8,710.68
$ 90,317.46$
104,528.10
P-39 2
$ 45.84$

53.06 $ 3,667.44$
4,244.48
$ 7,946.13$
9,196.38
$ 95,353.57$
110,356.59
P-39 3
$ 48.40 $

56.01 $ 3,871.94 $
4,481.16
$ 8,389.21 $
9,709.17
$ 100,670.48 $
116,510.08
P-39 4
$ 51.10 $

59.14 $ $
4,087.84731.03
$ 8,856.99 $
10,250.56
$ 106,283.88 $
123,006.69
P-39 5
$ 53.95 $

62.44 $ $ 4,315.78
994.83
$ 9,350.86 $
10,822.13
$ 112,210.26 $
129,865.53

POLICE SERGEANT SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-46 1
$ 52.50 $

60.76 $ $ 4,200.21
861.08
$ 9,100.46 $
10,532.33
$ 109,205.49 $
126,387.98
P-46 2
$ 55.43 $

64.15 $ 4,434.41 $
5,132.13
$ 9,607.90 $
11,119.62
$ 115,294.78 $
133,435.38
P-46 3
$ 58.52 $

67.73 $ 4,681.68 $
5,418.30
$ 10,143.64$
11,739.65
$ 121,723.66 $
140,875.77
P-46 4
$ 61.78 $

71.51 $ 4,942.73 $
5,720.42
$ 10,709$
12,394.25
$ 128,510.96 $
148,730.99
P-46 5
$ 65.23 $

75.49 $ 5,218.34 $
6,039.39
$ 11,306.39 $
13,085.35
$ 135,676.73 $
157,024.24
P-46 6
$ 68.87 $

79.70 $ 5,509.31 $
6,376.15
$ 11,936.84$
13,814.99
$ 143,242.06 $
165,779.90

PRE-SERVICE ENTRY LEVELPOLICE OFFICER

SALARY RATES
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY

$ 40.91
$ 47.35
$ $ 3,272.80
787.75
$ 7,091.07 $
8,206.79
$ 85,092.85 $
98,481.44

EXHIBIT A

SALARY SCHEDULES
Effective 9/26/202006/01/2024

POLICE OFFICER SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-39 1
$ 44.29 $

51.76 $ 3,543.22 $
4,140.92
$ 7,676.98 $
8,972.00
$ 92,123.81 $
107,663.94
P-39 2
$ 46.76 $

54.65 $ 3,740.79 $
4,371.82
$ 8,105.05 $
9,472.27
$ 97,260.64 $
113,667.29
P-39 3
$ 49.37 $

57.69 $ 3,949.38 $
4,615.59
$ 8,556.99 $
10,000.45
$ 102,683.89 $
120,005.38
P-39 4
$ 52.12 $

60.91 $ $ 4,169.60
872.96
$ 9,034.13 $
10,558.07
$ 108,409.56 $
126,696.89
P-39 5
$ 55.03 $

64.31 $ 4,402.09 $
5,144.67
$ 9,537.87 $
11,146.79
$ 114,454.47 $
133,761.50

POLICE SERGEANT SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-46 1
$ 53.55 $

62.59 $ 4,284.22 $
5,006.91
$ 9,282.47 $
10,848.30
$ 111,389.60 $
130,179.62
P-46 2
$ 56.54 $

66.08 $ 4,523.10 $
5,286.09
$ 9,800.06 $
11,453.20
$ 117,600.68 $
137,438.44
P-46 3
$ 59.$ 69
.76
$ 4,775.31 $
5,580.85
$ 10,346.51 $
12,091.84
$ 124,158.13 $
145,102.04
P-46 4
$ 63.02 $

73.65 $ $
5,041.58892.04
$ 10,923.43 $
12,766.08
$ 131,081.18 $
153,192.92
P-46 5
$ 66.53 $

77.76 $ 5,322.70 $
6,220.58
$ 11,532.52 $
13,477.91
$ 138,390.26 $
161,734.97
P-46 6
$ 70.24 $

82.09 $ 5,619.50 $
6,567.43
$ 12,175.58 $
14,229.44
$ 146,106.90 $
170,753.30

PRE-SERVICE ENTRY LEVELPOLICE OFFICER

SALARY RATES
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY

$ 41.73
$ 48.77
$ $ 3,338.26
901.38
$ 7,232.89 $
8,452.99
$ 86,794.71 $
101,435.88

Effective 9/25/2021

POLICE OFFICER SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-39 1 $ 45.18 $ 3,614.09 $ 7,830.52 $ 93,966.29
P-39 2 $ 47.70 $ 3,815.61 $ 8,267.15 $ 99,205.85
P-39 3 $ 50.35 $ 4,028.37 $ 8,728.13 $ 104,737.57
P-39 4 $ 53.16 $ 4,252.99 $ 9,214.81 $ 110,577.75
P-39 5 $ 56.13 $ 4,490.14 $ 9,728.63 $ 116,743.56

POLICE SERGEANT SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-46 1 $ 54.62 $ 4,369.90 $ 9,468.12 $ 113,617.39
P-46 2 $ 57.67 $ 4,613.57 $ 9,996.06 $ 119,952.69
P-46 3 $ 60.89 $ 4,870.82 $ 10,553.44 $ 126,641.29
P-46 4 $ 64.28 $ 5,142.42 $ 11,141.90 $ 133,702.80
P-46 5 $ 67.86 $ 5,429.16 $ 11,763.17 $ 141,158.07
P-46 6 $ 71.65 $ 5,731.89 $ 12,419.09 $ 149,029.04

PRE-SERVICE ENTRY LEVEL RATES
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
$ 42.56 $ 3,405.02 $ 7,377.55 $ 88,530.60

EXHIBIT B

SPECIAL ASSIGNMENT TERMS AND ROTATIONAL POSITIONS
Assignment Assignment Term Agreed Rotation of Special Assignment Positions

1. Detectives 3 year assignment;
maximum of 7 years
 Four Officer positions and one Sergeant
position will be rotational; remaining
positions will be non-rotational.
 All positions added after January 1, 2017
will be rotational.

2. Field Training
Officer
3 year assignment;
maximum of 5 years
 6 Officer positions are non-rotational; 3
are rotational.
 All positions added after January 1, 2017
will be rotational.

3. Motor Pay 5 year assignment;
maximum of 7 years
 3 of the current officer positions
rotational; remaining 7 positions nonrotational.
 2 Sergeant positions are non-rotational
 All positions added after January 1, 2017
will be rotational

4. DUI Team 2 year assignment;
maximum of 3 years
 All positions are rotational.

5. Personnel &
Training
3 year assignment;
maximum of 5 years
 All positions are rotational.

6. a. Office of the
Chief – PSU
3 year assignment;
maximum of 5 years
 All positions are rotational.
b. Office of the Chief
– Intelligence Unit
3 year assignment;
maximum of 7 years
 All positions are rotational.

7. a.Traffic/Accident
Investigation
3 year assignment;
maximum of 5 years
 One position rotational; one is nonrotational
 All positions added in the future will be
rotational.
b. Commercial
Investigation and
Enforcement
3 year assignment;
maximum of 5 years
 One half of the positions are rotational

8. Canine 5 year assignment;
maximum of 7 years (or
life of dog)
 All positions are rotational.

9. Desk Officer 3 year assignment;
maximum of 5 years
 All positions are rotational.

10. Crime Impact Team 3 year assignment;
maximum of 7 years
 1 Sergeant position will be nonrotational, 1 Sergeant position will be rotational
 Any additional Sergeant positions added
in the future will be rotational.
 4 Officers will be non-rotational; all other
Officers will be rotational

11. Special Projects
Detail
3 year assignment;
maximum of 5 years
 All positions are rotational.

12. Crime Prevention
Bureau
3 year assignment;
maximum of 5 years
 All positions are rotational.

13. School Resource
Officer
3 year assignment,
maximum of 5 years
 All positions are rotational.

14. Red Light photo
enforcement
3 year assignment;
maximum of 5 years
 All positions are rotational.

15. Range Master 3 year assignment;
maximum of 4 years
 The position is rotational.

EXHIBIT C
DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA.

The parties acknowledge that the PEPRA controls over definitions such as “new member” and “classic member” and put their understanding of the definitions in their MOU for informational purposes so that employees understand their retirement benefits.

New Member
Government Code section 7522.04(f) defines “new member” as follows:
(f) "New member" means any of the following:
(1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02.
(3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer.

Classic Member
CalPERS refers to all members who do not fit the definition of new member as a classic member.

Attachment 2

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND

BEVERLY HILLS
POLICE OFFICERS’ ASSOCIATION
May 24, 2022 - June 30, 2025
i

TABLE OF CONTENTS
Article Page
A. Integration ......................................................................................................................... 1 B. Term................................................................................................................................... 1

1. SALARIES......................................................................................................................... 1

2. OVERPAYMENT ............................................................................................................... 2

3. APPOINTMENT AND ADVANCEMENT............................................................................... 2 A. Probationary Period for Police Personnel.......................................................................... 2 B. Pre-Service Police Officers................................................................................................. 2 C. Salary Placement upon Initial Hire..................................................................................... 3 D. Advancement Through Salary Range................................................................................. 3 E. Step Placement Upon Promotion ...................................................................................... 3 F. Special Merit Advancement............................................................................................... 4 G. Acting Assignments............................................................................................................ 4 H. Y-Rating .............................................................................................................................. 4

4. SPECIAL ASSIGNMENTS ................................................................................................... 4 A. Selection of Employees for Special Assignments............................................................... 4 B. Special Assignment Types and Pay .................................................................................... 5

5. CERTIFICATION AND EDUCATIONAL INCENTIVE................................................................ 8 A. Education Pay Eligibility ..................................................................................................... 9 B. Certification and Education Incentive Pay Types............................................................... 9 C. Payment for Educational Expenses.................................................................................. 10

6. HEALTH BENEFITS.......................................................................................................... 11 A. Cafeteria Plan and Benefits.............................................................................................. 11 B. Flexible Spending Accounts ............................................................................................. 13

7. RETIREE MEDICAL INSURANCE....................................................................................... 13 A. Tier 1: Retirees Hired Prior to July 1, 2012 ...................................................................... 13 B. Tier 2: Retirees Hired On or After July 1, 2012 ................................................................ 13 C. Retiree Medical Insurance for Employees Who Disability Retire.................................... 14

8. LIFE INSURANCE ............................................................................................................ 14 A. City-Provided Life Insurance ............................................................................................ 14 B. Supplemental Term Life Insurance .................................................................................. 14

9. DEFERRED COMPENSATION........................................................................................... 14 A. City Contribution to Deferred Compensation.................................................................. 14 B. Employee Contribution to Deferred Compensation........................................................ 15 C. Conversion of Sick Leave to Deferred Compensation ..................................................... 15

10. CALPERS RETIREMENT BENEFITS.................................................................................. 15 A. For “Classic Member” Employees.................................................................................... 16 B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)............................................................................................................................. 16 C. Additional Optional Benefits For All Employees.............................................................. 17

11. HOLIDAYS.................................................................................................................... 17 A. Holidays............................................................................................................................ 17 ii
B. Personal Holiday .............................................................................................................. 18

12. VACATION................................................................................................................... 19 A. Authorization For Taking Vacation .................................................................................. 19 B. Holidays During Vacations............................................................................................... 19 C. Vacation Accumulation.................................................................................................... 19 D. Vacation Cash-Out ........................................................................................................... 20 E. Briefing Preparation Time................................................................................................ 20

13. SICK LEAVE .................................................................................................................. 20 A. Accrual.............................................................................................................................. 21 B. New Employment............................................................................................................. 21 C. Use of Sick Leave.............................................................................................................. 21 D. Sick Leave Incentive ......................................................................................................... 21

14. BEREAVEMENT LEAVE.................................................................................................. 21

15. WITNESS LEAVE........................................................................................................... 22

16. LEAVE WITHOUT PAY................................................................................................... 22

17. LEAVE PAYOFFS UPON SEPARATION FROM CITY SERVICE............................................. 22 A. Sick Leave Pay-Off............................................................................................................ 22 B. Vacation Pay-Off .............................................................................................................. 23

18. UNIFORM ALLOWANCE ............................................................................................... 23

19. OVERTIME/WORK HOURS ........................................................................................... 23 A. Accurately Reporting Time Worked................................................................................. 24 B. Court Time........................................................................................................................ 24 C. Call Back ........................................................................................................................... 24 E. Special Jobs...................................................................................................................... 25 F. Shift Trading..................................................................................................................... 26 G. Rest and Recovery............................................................................................................ 26

20. WORK SCHEDULE......................................................................................................... 27

21. ASSOCIATION TIME - BOARD MEMBERS....................................................................... 28

22. DISCIPLINE................................................................................................................... 28 A. Disciplinary Procedure for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal................................................................................ 28 B. Administrative Appeal for Employees Subject to Discipline Other Than Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal...................................... 31

23. NON-DISCRIMINATION................................................................................................ 34

24. SAVINGS CLAUSE ......................................................................................................... 34

25. MANAGEMENT RIGHTS ............................................................................................... 35

26. GRIEVANCE PROCEDURE.............................................................................................. 35 A. Definition of a Grievance ................................................................................................. 35 B. Timeliness of a Grievance ................................................................................................ 35 C. Grievance Procedure ....................................................................................................... 35 EXHIBIT A........................................................................................................................... 39 SALARY SCHEDULES ........................................................................................................... 39 EXHIBIT B........................................................................................................................... 42 DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA. ..................................................................... 42 iii
New Member......................................................................................................................... 42 Classic Member...................................................................................................................... 42

BEVERLY HILLS POLICE OFFICERS’ ASSOCIATION

MEMORANDUM OF UNDERSTANDING
The Beverly Hills Police Officers' Association, (hereinafter “Association”) a formally recognized employee organization, representing all Police Sergeants and Police Officers (hereinafter "police personnel"), and Pre-Service Police Officers (who are non-sworn employees) and authorized representatives of the management of the City of Beverly Hills (hereinafter "City"), have met and conferred in good faith and have reached this Memorandum of Understanding (hereinafter “MOU”).

Now, therefore, the parties agree and mutually recommend to the City Council of the City of Beverly Hills (hereinafter "City Council") the following for its determination:

A. Integration
This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code Section 3505.1 and supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

The City recognizes that certain past practices may be identified during the term of this MOU which should have been included in this document but, due to inadvertent omission, are not set forth herein. Mutual agreement between the parties shall be necessary to implement change to such past practices. All other practices, policies and procedures affecting wages, hours and working conditions may be changed only after a meet and confer process has been conducted between the parties. However, the parties agree neither party may compel the other party to negotiate regarding proposed changes to any matter within the lawful scope of bargaining (wages, hours and other terms and conditions of employment) during the term of this MOU. This is known as a “zipper clause.” The parties agree that during the term of this MOU, either side may request to reopen negotiations on modifications to performance evaluations.

B. Term
Unless otherwise specified herein, this MOU shall be effective beginning May 24, 2022 and shall expire June 30, 2025.

1. SALARIES
Effective, the pay period including May 24, 2022 employees will receive a base salary increase of eight percent (8.0%).

Effective the pay period including October 1, 2022 employees will receive a base salary increase of three percent (3.0%).

Effective the pay period including June 1, 2024, employees will receive a base salary increase of three percent (3.0%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “A”.

2. OVERPAYMENT
If an employee receives more compensation (whether in the form of salary, overtime or any other form of compensation contained in this MOU), than he/she is entitled to receive (i.e., is overpaid), the City will inform the employee. The City will work with the employee to reconcile the overpayment and if overpaid will work to try to create a repayment schedule.

3. APPOINTMENT AND ADVANCEMENT
A. Probationary Period for Police Personnel
The probationary period for sworn positions (Police Officer and Police Sergeant, including laterals) shall be twelve (12) months. The probationary period shall not include any time served in a non-sworn capacity (e.g., as a Pre-Service Police Officer).

The City has the right to extend an employee’s probation as follows:

1. For the length of any leave of absence or time on modified duty while on probation in excess of one calendar week; and/or

2. At the discretion of the Chief of Police up to six months.

B. Pre-Service Police Officers
Each newly hired Pre-Service Police Officer (excluding individuals hired as lateral Police Officers) shall serve as a non-sworn civilian employee until such time as he/she successfully graduates from the Police Academy and is sworn in as a Police Officer. These Pre-Service Police Officers shall receive similar benefits as a sworn Police Officer with the exception of retirement and workers’ compensation benefits. Because Pre-Service Police Officers are not sworn, they are considered miscellaneous employees under the Public Employees’ Retirement Law and are not eligible for workers’ compensation benefits pursuant to Labor Code section 4850.

An employee hired as a Pre-Service Police Officer shall be an at-will employee and cannot attain permanency as a Pre-Service Police Officer. Rather, such an employee will either be sworn in and appointed as a Police Officer upon graduation from the academy, or will be separated from employment as a Pre-Service Police Officer. Time served in the classification of Pre-Service Police Officer shall not count towards departmental seniority (e.g., shift bidding and vacation requests) but will count towards total City service.

C. Salary Placement upon Initial Hire
Employees may be appointed at Step 1 or above in their allocated salary range. Upon the recommendation of the Chief of Police or designee, the Human Resources Director or designee may approve placement above Step 1 based upon the employee’s qualifications and performance justifying such placement.

D. Advancement Through Salary Range
Employees shall move through the steps on the salary range as follows:

1. An employee shall be eligible for a salary step increase after the completion of one year of service, and annually thereafter (i.e., the anniversary date), provided he/she has received an overall rating of “satisfactory” on his/her performance evaluation. The effective date of the step increase shall be his/her anniversary date.

2. All step increases will be made in accordance with the following a. Increases are recommended by the employee's supervisor and Chief of Police (or designee) and are approved by the Human Resources Director or designee. b. An employee’s step increase may be withheld or delayed only if his/her overall performance is less than “meets standards” and his/her evaluation is given timely (i.e., within one calendar week of his/her anniversary date).

E. Step Placement Upon Promotion
A Police Officer who is promoted to Police Sergeant shall be appointed to the first step of the salary range for Police Sergeant or the step that provides at least a 5.5% increase, whichever is higher. Special assignment pay shall be added to base salary for the purpose of establishing the initial salary step placement of a promoted employee. Benefits and leave rights shall be available to employees on probation as a result of accepting a promotion. The effective date of the promotion shall be the first day of the pay period following the promotion date. The employee’s anniversary date for the position into which the employee is promoted (which determines step increases for that position) shall be the effective date of the promotion.

For promotions, the City will ensure they are paid within six months of Human Resources receiving the personnel action form.

F. Special Merit Advancement
The City Manager may authorize the advancement of an employee to any step within the prescribed schedule earlier than he/she would normally be eligible. Special merit increases shall require a written recommendation of the Chief of Police or his/her designee, as submitted to the Human Resources Director. Such salary increases shall be effective on the first day of the pay period following the approval of the City Manager, unless a different effective date is specified by the City Manager. An employee will be eligible for his/her next scheduled increase one year after the date of the special merit advancement, and annually thereafter.

G. Acting Assignments
Police Personnel temporarily assigned to a classification higher than his/her regularly assigned classification shall receive acting assignment pay while so assigned.

While acting, the employee’s base monthly salary shall be 5.5% above his/her present base monthly salary, provided that this additional amount shall not exceed the fifth step nor be lower than the first step of the higher classification. Acting assignments shall be recommended by the Chief of Police or his/her designee and approved by the Human Resources Director or designee.

To be eligible for acting pay, the employee has to meet the minimum qualifications for the higher classification and be capable of performing the essential functions of the higher classification.

Police Personnel assigned to an acting assignment shall not acquire status or credit for service in the higher classification and may be returned to their regular position at any time.

H. Y-Rating
In the event an employee in a position is Y-rated, the employee's monthly base salary shall not be increased until the monthly base salary of the position held by that employee meets or exceeds the monthly salary paid to that employee.

4. SPECIAL ASSIGNMENTS
Police Personnel are eligible for Special Assignments as provided in this Article. Assignment Pay is included in the regular rate of pay (as described by the Fair Labor Standards Act) for purposes of calculating overtime and will be included in the rate used to cash out leaves of absence.

A. Selection of Employees for Special Assignments
It is the policy of the Beverly Hills Police Department that selection of employees for special assignments will be made by following the procedure indicated below.

1. When an opening for a special assignment is available or imminent, the Chief of Police or designee shall request interested police personnel to submit a memorandum requesting appointment to the special assignment.

2. Police personnel submitting requests shall indicate their reasons and qualifications for the special assignment in memorandum form to their immediate supervisor.

3. Supervisors shall review requests after which they shall attach a memorandum of their own, which includes any comments they have and a recommendation of the employee for the special assignment.

4. After reviewing all requests for a special assignment the Chief of Police or designee will have the option of (a) making the selection based on the information submitted or (b) establishing an oral board for the purpose of interviewing all candidates and receiving recommendations from the oral board and then making a selection.

5. Notwithstanding the above, the Chief of Police shall retain the right to assign employees to special assignments without following the above procedures when the Chief of Police feels such action is in the best interest of the Department.

6. Within 10 days after an employee is informed that he/she was not chosen for a special assignment, the employee may ask the superior officer who effectively made the selection, for the reason the employee was not selected. The superior officer shall respond within 10 working days.

B. Special Assignment Types and Pay
Employees cannot earn more than 8.25% in assignment pay as set forth below. An employee who becomes eligible for a pay described below, will receive that pay effective on the first day of the pay period following assignment to the particular assignment. An employee is not eligible for any form of special assignment pay/bonus unless explicitly included in the list of assignments/bonuses described herein. With the exception of Field Training Officers (which provides for a minimum of six (6)), the Chief of Police has discretion to determine the number of employees assigned to any special assignment.

Employees in a special assignment which will be civilianized (Range Master, Photo Red Light Enforcement and Special Projects Officer) will be addressed as follows:

Employee will remain in their assignment until the successor has been selected and assigned to the position. Once the position has been civilianized, if available, the affected employee will be assigned to another special assignment with a comparable bonus. If no comparable special assignments are available, the employee will be assigned to Patrol and their bonus grandfathered.

The following are the available assignments and associated pays:

1. Detective Assignment
Employees assigned to the Detective Bureau shall receive assignment pay equal to 8.25% of their base salary.

2. Field Training Officer (FTO)
There shall be a minimum of 6 Field Training Officers. When assigned as an FTO, a Police Officer shall receive assignment pay equal to 5.5% of his or her base salary.

3. Motor Officer Pay
Employees assigned as Motor Officers shall receive assignment pay equal to 8.25% of their base salary. In addition, police personnel assigned as Motor Officers shall receive four (4) hours of compensatory time off per month (accrued at 1.85 hours per pay period) for off-duty time spent maintaining the assigned motorcycle.

4. D.U.I. Team
Police Officers assigned to the Traffic Bureau – DUI Team shall receive assignment pay equal to 5.5% of their base salary.

5. Personnel & Training Bureau
The Sergeant(s) assigned to the Personnel & Training Bureau shall receive assignment pay equal to 5.5% of their base salary.

Police Officers assigned as Background Investigators shall receive assignment pay equal to 5.5% of their base salary. Police Officers assigned to the Personnel & Training Bureau as an Administrative Training Officer shall receive assignment pay equal to 5.5% of their base salary.

6. Office of the Chief
a. Professional Standards Unit – The Sergeant(s) assigned to the Professional Standards Unit shall receive assignment pay equal to 8.25% of their base salary. b. Intelligence Unit – The Sergeant(s) and/or the Police Officer(s) assigned to the Intelligence Unit shall receive assignment pay equal to 8.25% of his/her base salary.

7. Traffic/Accident Investigation & Commercial Investigation and Enforcement a. Traffic/Accident Investigation
Police Officers assigned to the traffic and accident investigation function shall receive assignment pay equal to 5.5% of their base salary. The Sergeants assigned to the traffic and accident investigation function shall receive assignment pay equal to 8.25% of their base salary.
b. Commercial Investigation and Enforcement
Police Officers assigned to Commercial Investigation and Enforcement shall receive assignment pay equal to 5.5% of base salary.

A Police Officer may only be eligible for one of the pays in this Section 7.

8. Canine Handlers
a. Police Officers assigned in the canine special assignment shall receive the following compensation, in addition to their regular base pay:
b. Assignment pay equal to 5.5% of monthly base salary per month. c. 5.5 hours of compensatory time off per 28 day work period. Employees shall accrue 2.75 hours per pay period.

The City and officers understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings. In addition, to ensure that there can be no expectation that canine officers are spending any additional time on offduty hours related to their canine or unit as described above (other than for those hours for which the parties agree they are compensated), the parties agree that the canine officers are not permitted to work in excess of 5.5 hours per 28-day work period on such off-duty hours.

The parties acknowledge that the 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 officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). 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.

9. Crime Impact Team
Employees assigned to the Crime Impact Team shall receive assignment pay equal to 8.25% of their base salary.

10. Special Projects Detail
Police Officer(s) assigned to the Special Projects Detail shall receive assignment pay equal to 5.5% of base salary.

11. Community Relations
Police Sergeants and Police Officers assigned to Community Relations shall receive assignment pay equal to 5.5% of his/her base salary.

12. School Resource Officer
Police Officer(s) assigned as a School Resource Officer shall receive assignment pay equal to 8.25% of base salary.

13. Red Light Photo Enforcement Officer
Police Officers assigned as the Red Light Photo Enforcement Officer shall receive $435.11 per month as assignment pay. This pay is not special compensation under the CalPERS regulations.

14. Range Master
The Police Officer assigned as the Range Master shall receive assignment pay equal to 8.25% of base salary.

5. CERTIFICATION AND EDUCATIONAL INCENTIVE
Certification and Education Pay is included in the regular rate of pay (as described by the Fair Labor Standards Act) for purposes of calculating overtime and will be included in the rate used to cash out leaves of absence. Certification and Education Pay shall not be paid to Pre-service Police Officers and shall not be paid to a probationary Police Officers until he/she passes probation.

The percentage an employee receives for education/certification pay outlined in this article will be calculated by taking the applicable percentage of base salary plus any special assignment bonuses he/she is receiving.

A. Education Pay Eligibility
The maximum an employee can earn for certification and education pays set forth in this article is thirteen and three quarters’ percent (13.75%), regardless of the level of education or certification achieved.

1. Employees who were receiving the Continuing Education Pay or who had begun coursework towards the first year of Continuing Education Pay (must have been pre-approved for the first year of coursework prior to February 22, 2017) are grandfathered to receive this pay, and are therefore eligible for the following types of pay:
(a) 2.75% for earning an Advanced P.O.S.T. Certificate
(b) 5.5% for earning a Bachelor’s Degree.
(c) 5.5% for earning a Master’s Degree, a Juris Doctorate Degree, or a PhD (d) 5.5% for Continuing Education Pay
These employees are eligible to receive either (c) or (d), but not both pays, so as not to exceed the maximum of 13.75% indicated above.

2. Employees who were not receiving the Continuing Education Pay and had not begun coursework towards the attainment of the Continuing Education Pay prior to March 31, 2020 are eligible for the following types of pay:
(a) 2.75% for earning an Intermediate P.O.S.T. Certificate (b) 2.75% for earning an Advanced P.O.S.T. Certificate
(c) 5.5% for earning a Bachelor’s Degree
(d) 5.5% for earning a Master’s Degree, Juris Doctorate Degree or PhD If an employee achieves (a) – (d) above, he/she will no longer receive pay for the Intermediate P.O.S.T. certificate, so as not to exceed the maximum of 13.75%.

B. Certification and Education Incentive Pay Types
The following certification and education pays are available to members of this unit who meet the eligibility criteria.

1. Intermediate P.O.S.T. Certificate: Police Personnel who have earned an Intermediate P.O.S.T Certificate shall receive pay equal to 2.75% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

2. Advanced P.O.S.T. Certificate: Police Personnel who have earned an Advanced P.O.S.T. Certificate shall receive pay equal to 2.75% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

3. Bachelor’s Degree: Police Personnel who have earned a Bachelor’s Degree from an accredited college or university recognized by the Council for Higher Education Accreditation and/or its regional accrediting organizations, or any other college or university approved in advance by the Chief of Police and Human Resources Director shall receive pay equal to 5.5% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

4. Master’s or Juris Doctorate or PhD Degree: Police personnel who have earned a Master’s or Juris Doctorate or PhD Degree from an accredited college or university recognized by Council for Higher Education Accreditation and/or its regional accrediting organizations, or any other college or university approved in advance by the Chief of Police and Human Resources Director shall receive pay equal to

5.5% of an amount equal to the employee’s base salary plus any special assignment pay he/she is receiving.

5. Continuing Education Pay: An employee eligible for Continuing Education Pay based on the criteria outlined in section “A” above shall receive 5.5% of an amount equal to the employee’s base salary plus any special assignment pays he/she is receiving when either of the following conditions are met:
a. Following completion of eighty (80) hours of pre-approved coursework within the prior fiscal year, employees will be eligible for the Continuing Education Pay for the following fiscal year. Courses must be pre-approved and successfully completed (Grade “C” or higher) in order for the employee to qualify.
b. Following attainment of the Continuing Education Pay for 6 consecutive fiscal years by way of the requirements in (a), employees will be eligible to receive Continuing Education Pay on a prospective basis without needing to take additional coursework under this section.

In order to qualify as continuing Education Pay, courses must be pre-approved and taken at an accredited college or university recognized by the Council for Higher Education Accreditation and/or its regional accrediting organizations or any other college or university approved in advance by the Chief of Police and Human Resources Director.

C. Payment for Educational Expenses
Travel expense or per diem will not be reimbursed for educational courses taken by an employee where that employee will subsequently receive an education bonus for such education, Applications for reimbursement shall be submitted and processed in accordance with the Education and Training Administrative Regulation 3A.2.

6. HEALTH BENEFITS
A. Cafeteria Plan and Benefits
New hires are eligible for Cafeteria Plan benefits and health insurance beginning on the first day of the month following their start date.

The following insurance benefits are provided through a cafeteria plan adopted in accordance with the provisions of Internal Revenue Code § 125: medical insurance, dental insurance, and optical insurance.

1. City Contribution to the Cafeteria Plan
The City will contribute to the cafeteria plan on behalf of each employee an amount (which includes the PERS statutory minimum) determined annually by the method established herein. The total City contribution amount for each year will be determined by adding to the prior year’s contribution amount an amount equal to 80% of the net increase, if any, in the total cost of the monthly premiums for the following plans: (a) the employee plus family category of the PORAC medical insurance plan available through PERS, (b) the employee plus family category of the “Safety Standard” Guardian dental plan and (c) the employee plus family category of the “Safety Standard” optical VSP. The cafeteria plan contribution is used to purchase the optional benefits of medical insurance, dental insurance and optical insurance. Should the total premium cost of these three benefits decrease from one year to the next, the contribution amount from the City will remain the same for the following year.

The City’s 2022 Cafeteria Plan contribution is $2,108.39. For 2023, 2024 and 2025, assuming the cost of the plans increase, the City will increase its contribution by an amount equal to 80% of each year’s increase. The same methodology will be used each year of the MOU to determine increases in the City’s contribution.

2. Medical Insurance
The City contracts with the California Public Employees’ Retirement System (“PERS”) for medical insurance. The City will contribute the PERS statutory minimum on behalf of each participant in the program. Eligible employees may select any of the medical insurance plans offered by CalPERS.

An employee who elects to opt out of medical coverage offered by the City must be able to provide proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California).

If at any time during the term of the MOU, the City is subject to penalties under the ACA, the parties agree to reopen negotiations on that provision of the cafeteria plan subjecting the City to such penalties for the limited purpose of making changes to ensure that such penalties are avoided, provided that no changes can be made without mutual agreement of the parties.

3. Dental Insurance
Employees may select a dental insurance plan available from the City’s provider, Guardian. The City reserves the right to change dental insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider and, if the amount of the new monthly premium for family coverage shall exceed that due under the former plan, the City’s monthly cafeteria plan contribution shall be increased by the amount of the premium increase.

Employees do not have to choose any dental insurance and need not provide proof of dental insurance from another source in order to make that choice.

4. Optical Insurance
Employees may select an optical insurance plan available from the City’s provider, Vision Service Plan (VSP). The City reserves the right to change optical insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider and, if the amount of the new monthly premium for family coverage shall exceed that due under the former plan, the City’s monthly cafeteria plan contribution shall be increased by the amount of the premium increase.

Employees do not have to choose any optical insurance and need not provide proof of optical insurance from another source in order to make that choice.

5. Employee Contributions for Benefit Options
If an employee chooses optional benefits whose aggregate cost exceeds the total City contribution to the Cafeteria Plan, the City will automatically deduct the excess amount on a pre-tax basis from the employee’s bi-weekly payroll.

6. The Receipt of Cash Through the Cafeteria Plan
Employees will be eligible to receive cash up to a maximum of $475 per month (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan.

B. Flexible Spending Accounts
Employees have the opportunity to participate in both a health care and dependent care flexible spending account (each an FSA) whereby employees will be able to defer up to the maximum permitted by law) to pay for any eligible out of pocket expenses related to health care or dependent care on a pre-tax basis. The provisions of both of these FSA’s will be provided in a plan document. The plan document will be available to each eligible employee upon request. Before January 1 of every year, employees will be able to elect to have their compensation for the upcoming year deducted biweekly and contributed on a pre-tax basis to the FSA. During the year (and for a short grace period thereafter), an employee can receive reimbursements under the FSA for covered expenses incurred during the year, up to the amount of the employee’s elected contributions for the year.

The FSA deductions will be withheld from employees’ regular payroll. Any amount allocated but not used within the prescribed time limits shall be forfeited.

7. RETIREE MEDICAL INSURANCE
Each employee retiring from City service is eligible to continue coverage as a retiree through the group medical insurance plans offered through the California Public Employees’ Retirement System (“PERS”). The City shall pay the PERS statutory minimum on behalf of each retiree.

A. Tier 1: Retirees Hired Prior to July 1, 2012
For employees (in the bargaining unit as of the date of approval of this MOU) hired prior to July 1, 2012 who retire from the City (service retirement only), through age 70 the City shall pay the difference between the PERS statutory minimum and the actual cost of the medical insurance premium up to the two-party rate of the PERS PORAC Plan.

B. Tier 2: Retirees Hired On or After July 1, 2012
Employees hired by the City on or after July 1, 2012 who retire from the City will receive the PERS statutory minimum, which will be paid directly to PERS by the City should the retiree select a medical plan through PERS. In addition, for any employee hired into the unit as a new employee on or after July 1, 2012, in lieu of additional retiree medical insurance benefits, the City shall, while the employee is working for the City, contribute the sum of $388.00 per month ($194.00 per pay period) for twenty-four (24) pay periods – there will be no contribution in the third pay period of any month which has three pay periods) to a retirement health savings account on behalf of each employee. For employees who promote into the unit after July 1, 2012 who were City employees as of June 30, 2012, they will receive retiree medical benefits in accordance with the benefits of this MOU as though they were a member of the bargaining unit prior to July 1, 2012.

C. Retiree Medical Insurance for Employees Who Disability Retire An employee in Tier 1 (as described in paragraph A) who receives a disability retirement from the City is eligible for the benefits described in paragraph A above if the employee has 20 years of service with the Beverly Hills Police Department (which can include both sworn and non-sworn service in the Department) or is over 45 years of age at the time of his or her retirement.

8. LIFE INSURANCE
A. City-Provided Life Insurance
Employees shall be entitled to a $50,000 term life insurance policy. The full premium for such policy shall be paid for by the City under a life insurance program of its choosing.

B. Supplemental Term Life Insurance
Employees may also purchase supplemental term life insurance, if available, with deductions from their bi-weekly compensation as designated by each employee.

Employees cannot allocate cash contributions made to the cafeteria plan to pay the premiums for this supplemental term life insurance. However, they may, on a post-tax basis, allocate any cash back they receive from the cafeteria plan for that purpose, as a deduction from their paycheck.

9. DEFERRED COMPENSATION
A. City Contribution to Deferred Compensation
The City shall contribute $320.00 per month on behalf of each Police Officer to a deferred compensation account.

The City shall contribute $475.00 per month on behalf of each Police Sergeant to a deferred compensation account.

In addition to the above amounts, the City shall pay make an additional contribution to the deferred compensation accounts of Police Officers and Police Sergeants as follows:

The City shall make a contribution to employees in the classification of Police Officer in the amount of three percent (3%) of step 5 for the classification of Police Officer.

The City shall make a contribution to employees in the classification of Police Sergeant in the amount of three percent (3%) of step 6 for the classification of Police Sergeant.

As addressed in paragraph B below, the parties acknowledge that there is a statutory maximum amount which may be contributed into an employee’s deferred compensation account. Given the above contributions from the City, employees are responsible for ensuring that any individual contributions employees elect to make to their own deferred compensation accounts do not cause the account to exceed the maximum permitted by law. If the maximum permitted by law is reached prior to the end of a calendar year, there will no additional City contributions for the remainder of that calendar year.

B. Employee Contribution to Deferred Compensation
Employees may elect to contribute from their regular wages to deferred compensation accounts up to the IRS-established limits. In accordance with the tax laws, any cash that an employee may receive through the cafeteria plan may not be deferred to the employee’s deferred compensation accounts directly from the cafeteria plan.

C. Conversion of Sick Leave to Deferred Compensation
Employees may elect to convert accumulated sick leave to deferred compensation. The extra pay may only be used to fund IRS designated “catch-up” contributions (which may include the pre-retirement catch-up or age 50 catch-up) to deferred compensation. The following restrictions apply to this program:

1. The employee shall have a minimum of 15 years of service with the City of Beverly Hills.

2. The individual’s sick leave accrual balance cannot be reduced below 500 hours.

3. Contribution amounts and deferral limits will be governed by IRS Code restrictions and the deferred compensation plan rules related to “catch-up” contributions.

4. An employee may only convert the amount of sick leave he/she would be eligible to receive if he/she separated from service at the time of the sick leave conversion to deferred compensation.

10. CALPERS RETIREMENT BENEFITS
The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth in Exhibit “C” to this MOU.

A. For “Classic Member” Employees

1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula for all employees hired before July 1, 2012 as set forth in California Government Code Section 21362.2. For employees hired after July 1, 2012 who are classic members, the City contracts with CalPERS to provide the 3% at 55 retirement formula as set forth in California Government Code Section 21363.1

2. Retirement Benefit Calculation Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for which “classic member” employees hired prior to July 1, 2012 in the unit are included per Government Code section 20042. For employees hired after July 1, 2012 who are classic members, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 20037.

3. Payment of Employee/Member Contribution: Classic members shall pay their entire Member Contribution equal to nine percent (9%) of compensation earnable and the City shall pay and report zero percent (0%) of compensation earnable as Employer Paid Member Contribution (EPMC). The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7%@ 57 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.25(d).

2. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA, each such employee’s final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

3. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount is currently determined by CalPERS and will continue to be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pretax basis.

C. Additional Optional Benefits For All Employees

1. 1959 Survivor's Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor's Benefit per Government Code section 21574.

2. Military Service Credit: The City’s contract with CalPERS provides the Military Service Credit option set forth in Government Code section 21024.

3. Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551.

4. Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.

5. Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620.

6. Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

7. Post Retirement Survivor Allowance as set forth in Government Code section 21635, 21624/21626.

11. HOLIDAYS
A. Holidays
Employees on patrol or who otherwise work a 3/12.5 hour schedule shall be entitled to holiday in lieu pay of 12.5 hours for the nine holidays listed below if they were in paid status for the entire day the day before and the day after the holiday (i.e., either the employee worked or was absent using paid leave for the entire day on such workdays).

Employees who are not on patrol or who otherwise work the 4/10 work schedule shall receive ten hours off from work with pay for the ten holidays listed below. If the holiday falls on an employee’s regularly scheduled day off, the employee shall receive holiday in lieu pay of 10 hours.

Pre-Service Police Officers assigned to a 5/40 work schedule will generally receive 8 hours off from attendance at the academy for any of the holidays for non-patrol employees as described below. If a Pre-Service Police Officer is required to work a holiday, he/she will receive 8 hours of holiday pay in lieu of receiving the holiday off.

PATROL or on a 3/12.5 Work Schedule
New Year's Day January 1
Martin Luther King Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25
NON-PATROL or on a 4/10 Work Schedule
New Year's Day January 1
Martin Luther King Jr. Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25
If an employee who works a 3/12.5 is assigned a 4/10 work schedule because he/she is working a modified duty assignment, he/she will be provided the day off for the holiday and paid ten (10) hours for the holiday.

B. Personal Holiday
Employees shall be entitled to one personal paid holiday each fiscal year; for employees assigned to patrol or otherwise on a 3/12.5 schedule this shall be a 12.5 hour holiday, for all employees on a 4/10 schedule it shall be a 10 hour holiday. This holiday may be taken at the employee's discretion subject to his/her supervisor's and the Chief of Police or designee’s approval. The employee shall request this holiday in writing. This holiday is non-accruable from one year to the next and shall not be paid for if not taken. Employees hired between April 1 and June 30 will not be credited with a personal holiday until the following fiscal year.

12. VACATION
A. Authorization For Taking Vacation
Upon completion of 12 months of service and approval of the Chief of Police or designee, employees may take accrued vacation leave.

An employee entitled to vacation leave shall make a written request to use vacation in the manner and within the time directed by the Chief of Police or his/her designee. The Chief of Police or his/her designee shall establish a vacation schedule for each calendar year based as much as possible upon application and seniority of the employees concerned. Vacation schedules are subject to the Chief of Police or designee’s right to plan work under his/her control. He/she shall notify every employee requesting vacation whether his/her request is approved within a reasonable time.

B. Holidays During Vacations
When a holiday falls within an employee's vacation leave, for employees on patrol or who otherwise work a 3/12.5 work schedule who receive holiday-in-lieu pay, the day will still count against vacation since the employee will be receiving holiday in lieu pay as well.

For employees who are being paid for not working on the holiday (i.e., those who work a 4/10 work schedule) the day will not count against the employee’s vacation as the employee is already off of work for the holiday.

C. Vacation Accumulation
Vacation credit shall be accrued bi-weekly to employees at the following rates:

AFTER 4 YEARS
FIRST 4 YEARS THROUGH 14 YEARS AFTER 14 YEARS

OF SERVICE OF SERVICE OF SERVICE

3.07 Hours 5.54 Hours 7.39 Hours
Bi-weekly Bi-weekly Bi-weekly
80 Hours/Year 144 Hours/Year 192 Hours/Year
Employees with fourteen years of service or less may not accumulate more than 432 hours of vacation and will not continue to accrue vacation until their balance falls below 432 hours.

Employees with more than fourteen (14) years of service may not accumulate more than 480 hours of vacation at any time and will not continue to accrue vacation until their balance falls below 480 hours.

D. Vacation Cash-Out
By December 15 of each year, employees may make an irrevocable election to cash out up to forty (40) hours of vacation leave which will be earned in the following calendar year, provided that at the time of the cash out, the employee has minimum of 240 hours of accrued vacation leave.

The employee will be paid for the vacation hours (up to a maximum of forty (40) hours) they irrevocably elected to cash out on the first pay day in January.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

In addition to the above, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued vacation. The amount of vacation which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency is limited to forty (40) hours. These forty (40) hours would be the same forty (40) hours the employee elected to cash out, not an additional forty (40) hours.

E. Briefing Preparation Time
Sergeants receive briefing preparation time of 50 hours per calendar year which shall accrue as 1.92 hours of compensatory time off each pay period. The accrual of this compensatory time off is intended to compensate the Sergeants in accordance with the Fair Labor Standards Act. The parties acknowledge that keeping track of pre-briefing hours is difficult and this agreement to pay for briefing preparation time is intended to comply with 29 CFR section 785.23 of the Department of Labor regulations implementing the FLSA. An employee who is at the maximum accrual for compensatory time as provided by this MOU during any pay period shall receive pay for the 1.92 hours for prebriefing time.

13. SICK LEAVE
Except as is otherwise provided, employees shall accrue, use and be compensated for sick leave as follows:

A. Accrual
Employees shall accrue sick leave at the rate of 3.69 hours for each complete biweekly period of employment. During years in which there are 27 pay dates, there will be no sick leave accrual during the 27th pay date. Payroll division records are the final authority for settling disputes regarding accrued sick leave and vacation.

B. New Employment
During the first six (6) months of employment, a new employee may use up to three (3) days of sick leave. After six (6) months, an employee may use any approved sick leave he/she has accrued.

C. Use of Sick Leave
Accumulated sick leave may be used by an employee during any period of illness of the employee, spouse, child, or registered domestic partner if the illness requires the presence of the employee. In addition, an employee may use up to one half of one year’s annual accrued sick leave (48 hours per calendar year) for his/her parent, sibling, parentin-law, grandchild or grandparent.

D. Sick Leave Incentive
After completion of one full year of service, police personnel who use twenty five (25) hours or less of sick leave each payroll year (defined as the year that ends at the end of the last full pay period in December where the pay day is also in December) may elect to receive cash payment for up to 25 hours of the accumulated unused sick leave during the month of January of the following year. Accrued unused sick leave shall be cashed out at separation as provided for in paragraph 16A of this MOU.

If an employee wants to cash out sick leave (because he/she has used twenty-five (25) hours of sick leave or less), he/she must comply with the following: By December 15 of each year, employees may make an irrevocable election to cash out up twenty-five (25) hours of sick leave which will be earned in the following calendar year. If the irrevocable election is not made, the employee will not have any of his/her sick leave cashed out in January of the year after it was accrued.

14. BEREAVEMENT LEAVE
Bereavement leave is an absence occasioned by the death of a family member, herein defined as a spouse, parent, brother, sister, child, step-child, grandparent, in-law or registered domestic partner of the employee
Forty (40) hours of bereavement leave, per calendar year, may be used in the event of the death of a family member. In the event an employee needs additional time off for this leave, he/she may use up to 40 hours of sick leave per calendar year.

Requests for bereavement leave shall be made in writing, when feasible and shall be approved by the Chief of Police or designee and the Human Resources Director or designee.

15. WITNESS LEAVE
Employees who are required to serve as a witness pursuant to a lawful subpoena in any judicial or quasi-judicial proceeding in a matter other than one to which the employee is a party, or who are required to serve as a juror, shall be allowed time off without loss of pay to perform such duties. All fees to which the employee is entitled by law for such service shall be paid (less transportation allowance, if any) to the City. This Article is not applicable to those employees participating in judicial or quasi-judicial proceedings that are within the scope of their employment.

16. LEAVE WITHOUT PAY
Requests for leaves of absence without pay must be submitted through the chain of command and approved by the Chief of Police or designee and shall be used only if all appropriate accrued leaves have been exhausted. Employees on leaves of absence without pay shall not accrue vacation, leave rights, nor shall the City pay for any fringe benefits. Decisions whether to grant such a leave will be made based on operational needs of the Department.

17. LEAVE PAYOFFS UPON SEPARATION FROM CITY SERVICE
A. Sick Leave Pay-Off
All accrued, unused sick leave at the date of separation from City service shall be the basis for determining the amount to be paid to each employee who qualified to receive sick leave pay off.

1. Employees who have achieved ten (10) or more continuous years of service shall be eligible for sick leave pay upon separation of employment with the City at the rate of three percent (3%) of accrued, unused sick leave per full year of service.

Sick leave shall be calculated at the rate of pay, including all education and assignment pays, received by the employee at the time of his/her separation.

2. Police personnel who have achieved twenty (20) or more continuous years of service shall be eligible for sick leave pay upon separation of employment with the City at the rate of four percent (4%) of accrued, unused sick leave per full year of service. Sick leave shall be calculated at the rate of pay, including all education and assignment pays, received by the employee at the time of his/her separation.

Police personnel eligible to receive sick leave pay shall receive the pay at the time of termination. At no time can the percentage of sick leave payoff exceed 100%.

B. Vacation Pay-Off
Employees who terminate from City service shall receive an amount equal to accrued unused vacation at the time of termination. The rate of payoff shall be based on the rate of pay at the time of separation.

18. UNIFORM ALLOWANCE
The City shall furnish the initial uniform and necessary equipment to each sworn Police employee. The administration of this program is contained in Administrative Regulation 3.B.7.

The City shall provide $800 per year as a uniform and equipment allowance. The uniform allowance, which shall begin to be paid in the first pay period after being hired as a Police Officer shall be paid 1/26th of the annual amount each pay period. In addition to these amounts, the City will replace or repair the uniforms of uniformed personnel whose uniforms are damaged or destroyed in the course of performing their duties. In calendar years in which there are 27 pay periods, employees shall not receive the uniform allowance payment for the 27th pay period.

19. OVERTIME/WORK HOURS
Police personnel shall earn overtime when required to work holidays, normally scheduled days off, in excess of their normal daily work hours, or in excess of their prescribed work period.

Whether an employee shall be paid overtime compensation or accrue compensatory time off shall be determined by the Chief of Police or his/her designee.

The maximum amount of compensatory time off an employee can accrue is 160 hours (i.e., 106.66 hours of overtime accrued as compensatory time off at time and one half is 160 hours).

An employee may use his/her accrued compensatory time off by providing reasonable notice. A request to use compensatory time off which was requested with reasonable notice will not be denied unless the request would be unduly disruptive to the department. The parties agree that having to pay overtime to another employee who works the shift does not constitute undue disruption to the City.

An employee will be cashed out of accrued compensatory time off if they are promoted into a bargaining unit which does not have compensatory time off for employees in the unit (e.g., a promotion to the Police Management Association).

All MOU overtime pay (non-statutory overtime) shall be paid at one and one half times the regular rate of pay, as defined in the FLSA, except that cash received by employees who either opt out of health insurance or receive cash back for using less than the amount provided by the City shall not be included in those calculations.

A. Accurately Reporting Time Worked
Employees are required to accurately report all time worked on their time sheets and submit all timesheets by the deadline established by the Payroll Division of the Finance Department.

Unit members shall record hours worked in one-tenth (1/10) of an hour increments of time. This is illustrated by the following:
0-3 Minutes – No additional time should be recorded
4-9 Minutes = .1 of an hour
10-15 Minutes = .2 of an hour
16-21 Minutes = .3 of an hour
22-27 Minutes = .4 of an hour
28-33 Minutes = .5 of an hour
34-39 Minutes = .6 of an hour
40-45 Minutes = .7 of an hour
46-51 Minutes = .8 of an hour
52-57 Minutes = .9 of an hour
58-60 Minutes = 1.0 full hour
The parties agree that if the makes any timekeeping system upgrades during the term of this MOU, if there are any meet and confer/consult obligations (either impacts or any decisions which may require meet and confer) the Association and/or the City agree to promptly meet and confer/consult if requested by the other party.

B. Court Time
Employees called to appear in court shall receive a minimum of four (4) hours of overtime compensation (as defined above); except, that if the court appearance time is contiguous, either before or after, to the employee's assigned shift, the employee will be paid overtime for a minimum of one (1) hour or for the actual time spent in court, whichever is greater. If the court time occurs during the employee’s regular shift, he/she will receive his/her regular wages.

C. Call Back
Employees who are called back to work shall receive a minimum of four hours paid at the employee’s base rate of pay even if the call back is less than four hours. Employees called back for more than four hours will be paid at time and one half for all hours worked beyond four hours.

D. Standby/On-Call
If an employee is required to be on standby/on-call by the Department or in any proceeding arising from the employee’s official duties in which standby is specifically approved by the Department , the employee shall receive an amount equal to three hours (at the straight time rate) compensation per day. This compensation will be paid or earned as compensatory time off at the employee’s discretion. If employees are requested to be on standby/on-call by any supervisor other than their immediate supervisor, the employee shall advise their immediate supervisor or the subpoena supervisor (as designated) for court stand by. If an employee is requested to be on standby/on-call by the District Attorney or other agency or entity, the employee shall contact a representative from the issuing entity (e.g., the District Attorney’s Office) and log the date, time, person spoken to, and title in the on call court time overtime request form to ensure approval for payment of standby/on-call pay. The hourly rate shall be computed by using the employee’s base rate of pay. Employees are not eligible for court stand by time, when the stand by time is during their work hours.

The employee shall provide the department with a telephone number at which he/she can be reached. The employee must be able to respond to the proceeding within the amount of time he/she would be able to return if traveling from his/her residence. An employee on standby/on-call shall remain fit for duty and be at a location where they can receive phone calls.

E. Special Jobs
An employee as defined in the Beverly Hills Police Department Manual working a “Special Job”, as defined in the Beverly Hills Police Department Manual, shall receive a minimum of four (4) hours of pay at the overtime rate (as defined above). An employee is not permitted to work on a special job during the work hours of his/her regular work schedule. As such, an employee cannot be paid for his/her regular hours (by use of leave) and work on a special job during the same hours except as provided below.

If a special job is not filled within 48 hours of its start time (by employees signing up to work the special job) and must be filled due to safety and/or it is determined to be in the best interest of the Department that the special job be filled (as determined by the employee’s direct supervisor and the supervisor in charge of special jobs) an employee may work the special job during his/her regular work hours. As such, an employee can be paid for his/her regular hours (by use of his/her accrued leave) and work on a special job during his/her regular work hours. Employees working a special job under this provision shall receive pay for a minimum of four (4) hours or the actual hours worked (whichever is greater) at time and one half of their regular rate of pay.

Notwithstanding the above, the parties agree if an employee is assigned to provide police services related to a heavy haul or escort, that work is not a special job. Heavy haul escorts will be performed as part of a regularly scheduled shift at the employee’s base rate of pay. Employees working heavy hauls or escorts on non-regularly scheduled shifts, shall receive pay for a minimum of four (4) hours or the actual hours worked (whichever is greater) at time and one half of their regular rate of pay.

An employee on modified duty is not permitted to work a special job.

F. Shift Trading
The parties agree the provisions below are compliant with the Fair Labor Standards Act.

Unit members have the right to trade shifts with their colleagues within the same classification subject to the following conditions:
a. Both employees agree to the shift trade voluntarily. b. The employees trading the shifts shall request supervisor approval prior to the first affected shift. Supervisors will not unreasonably deny a trade. c. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet.
d. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. However, the parties agree shift trades will be accomplished by the employees who trade within the same pay period. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back. e. If an employee who agrees to work a shift trade calls in sick, that employee’s sick leave will be reduced, not the employee who was regularly assigned the shift.

G. Rest and Recovery
When employees’ work hours in addition to those of their regular work schedule, and are scheduled to work the next day, the possibility exists that the employee will not have at least eight (8) hours off between shifts. If that occurs, an employee is permitted to either 1) utilize accrued leave (except for sick leave) to ensure at least eight hours off between the end of their work shift and the start time of their next shift, or 2) start their next shift eight (8) hours after the end of their work on the prior shift. If this option is chosen, employees will start working after the regularly scheduled start time and work the same number of hours as their regularly scheduled shift so that they will not need to use accrued leave. Regardless of which of these two options is chosen, employees shall let their supervisor know which of these two options will be used to ensure eight hours off (i.e., appropriate rest and recovery) between shifts.

20. WORK SCHEDULE
The workweek for Pre-Service Police Officers shall be 168 regularly recurring hours. Most PreService Police Officers will work a 5/40 schedule, but other schedules may be assigned at the discretion of the Chief of Police. For employees working a 5/40 or 4/10 work schedule, it shall begin on Saturday at 12:00 a.m. and end at 11:59 p.m. the following Friday. For employees working the 9/80 work schedule, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four hours after the start time of his/her eight hour shift on the day of the week that corresponds with the employee's alternating regular day off.

Police Personnel will work a 4/10 or 3/12.5 work schedule. Those employees assigned to the Patrol Division shall work the 3/12.5 work schedule. Police personnel assigned to Motors shall work a 4/10 or a 3/12.5 work schedule. Those employees assigned to a 4/10 work schedule shall work 4 days per week, 10 hours per day.

Flexible scheduling on the use of two-person patrol vehicles in the early morning hours shall be the decision of the Watch Commander. There shall be no automatic doubling up of employees and such assignments may be made based upon available employees and the ability to provide adequate patrol coverage throughout the City.

Police Personnel assigned to a 3/12.5 work schedule shall work three 12.5 hour shifts during each of the four weeks of a 28-day FLSA work period. In addition, the employee shall work one additional ten (10) hour shift during the same work period. For those employees assigned to the 3/12.5 work schedule, overtime shall be defined as all time worked and/or regarded as having been worked because of use of a paid leave of absence in excess of the scheduled daily work shift and/or 160 hours in a 28-day work period. The ten (10) hour make-up shift for employees scheduled to work the 3/12.5 work schedule can occur at any time during the 28-day work period.

The date will be assigned based on the operational needs of the department.

For those employees assigned to a 4/10 work schedule, overtime shall be defined as all time worked and/or regarded as having been worked because of use of a paid leave of absence in excess of the regularly scheduled work day or 40 hours in a seven day workweek.

Pursuant to Section 7(k) of the FLSA, the City has adopted a 28-day work period for all sworn police personnel.

21. ASSOCIATION TIME - BOARD MEMBERS
Beverly Hills Police Officers’ Association Board members, subject to the approval of the Chief of Police or designee, shall be allowed a reasonable period of time without loss of compensation for the sole and exclusive purpose of conducting transactions of the Beverly Hills Police Officers’ Association. The amount of time shall not exceed one (1) hour per day for each Board member and an aggregate not to exceed five hundred (500) hours per calendar year for all such Board members provided every reasonable effort is made to conduct Association meetings and/or business on nonduty time. Permission to attend Association meetings on duty must be obtained 48 hours in advance from Chief of Police or designee. Permission to conduct Association business on duty must be obtained in advance from the Chief of Police or designee. Approval to conduct Association business or attend Association meetings is conditioned upon field and/or assignment conditions.

As part of the five hundred (500) hours per year paid release time for Association Board members, up to a total maximum of six (6) days may be used to attend police related conferences, seminars or conventions. Permission to attend such conferences or conventions must be obtained two (2) weeks in advance from the Chief of Police or designee. Employees must track their use of the five hundred (500) hours in the City’s timekeeping system by using appropriate payroll codes so that the City’s payroll staff can keep accurate, ongoing records of the amount of leave used for the year at any time.

The Association must notify the Human Resources Director in writing of changes in its Association Board.

22. DISCIPLINE
This Article applies to sworn police personnel only and is not applicable to pre-service Police Officers, who do not attain permanency and are not covered under the Peace Officers’ Procedural Bill of Rights Act. Where the term “employee” appears in this article it is referring to sworn police personnel – a Police Officer or Police Sergeant.

A. Disciplinary Procedure for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal

1. Pre-Action Due Process for Disciplinary Transfer, Step Reduction, Suspension, Demotion and Dismissal
Prior to being subject to disciplinary transfer, step reduction, suspension, demotion or dismissal, an employee will first be served with a notice of intent to discipline. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence to which the employee is entitled by law.

The notice of intent to discipline will also advise the employee of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the employee of his/her right to respond to the proposed discipline either in writing or orally at a meeting. If the employee does not respond within the time limits, the discipline will be imposed.

If the employee chooses to respond in writing, he/she must insure his/her response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee wishes to respond orally, he/she must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that he/she wishes to have an oral response. The City representative will advise the employee when the oral response (in accordance with Skelly vs. the State Personnel Board) will take place.

At the Skelly response (assuming the employee wants to respond orally), the employee has the right to be represented per Government Code section 3303(i).

The Skelly response is an opportunity for the employee and/or his/her representative to respond to the notice of intent to discipline.

The City representative who will hear the response (Skelly Officer) may or may not be the person who issued the notice of intent to discipline. If the Skelly officer is not the person who recommended the discipline, he/she will be at or above the rank of the individual issuing the discipline. The Skelly Officer’s decision will either be to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed.

If the discipline is imposed or if it is reduced but there is still discipline imposed which is covered by this procedure, the City representative shall issue a notice of discipline. Like the notice of intent, the notice of discipline shall set forth the grounds, and facts supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The notice of discipline will also set forth the employee’s appeal rights advising the employee that if he/she wishes to appeal the discipline, he/she must do so in writing by serving a notice of appeal to the Human Resources Director within seven (7) calendar days.

The Notice of Discipline will set forth the effective date of the discipline.

2. Appeal Rights For Employees Subjected to Disciplinary Transfer, Step Reduction, Suspension, Demotion and Dismissal
The following sets forth the appeal rights for employees subjected to a disciplinary transfer, step reduction, suspension, demotion and dismissal. a. Hearing Officer Selection
i. The parties, through their respective representatives, shall mutually agree upon a hearing officer.
ii. In the event the parties are unable to agree on a hearing officer:

a) The City will request a list of seven (7) neutral hearing officers from the California State Mediation and Conciliation Service ("SMCS"). The request will be sent by email and the employee’s representative will be cc’d on the request.
b) Once a list is received from the SMCS, the parties shall toss a coin to determine striking order, with the winner selecting between the options of striking first or striking second. The parties shall then alternately strike names from the list until only one name remains. The remaining name shall be the
hearing officer unless the parties mutually agree to request a new list or mutually agree on a different hearing officer. b. Hearing Officer's Authority
i. The hearing officer shall have full authority to decide the appeal, including questions of fact and conclusions of law, but shall be bound by all applicable codes, rules, policies, procedures, and regulations. The hearing officer shall also be bound by the terms of this MOU.
ii. The hearing officer shall preside over a hearing at which evidence and arguments of the parties may be presented. Except as otherwise mutually agreed by the parties, the hearing officer shall determine the procedures to be followed for the hearing, with due regard for the rights of the parties.
iii. The hearing officer shall rule on all evidentiary matters and need not follow the strict rules of evidence.
iv. The burden is on the moving party to prove any charge by a preponderance of the evidence.
v. The hearing officer shall administer oaths, as authorized by law. vi. The hearing officer shall issue subpoenas and subpoenas duces tecum to compel the attendance of witnesses and the production of evidence, as authorized by law.
vii. The hearing officer shall issue a written decision within 30 (thirty) calendar days of the close of the hearing. However, failure of the hearing officer to issue a timely decision shall not constitute grounds for challenging the decision as being beyond the hearing officer's authority.

c. Final Decision, Judicial Review
i. The written decision of the hearing officer shall be the final decision within the City's administrative process.
ii. Either party may appeal the decision of the hearing officer to the Superior Court according to the procedures and subject to the standards provided in Code of Civil Procedure § 1094.5 by filing a writ of administrative mandamus.
d. Expenses
i. Each party shall bear its own costs and attorney fees in connection with processing of a covered appeal and the hearing.
ii. Both the City and the Association shall each pay one-half of the mutually incurred costs of the hearing. The mutually incurred costs of the hearing will be limited to the reasonable fee and expenses of the hearing officer and court reporter. Except as otherwise mutually agreed, the City will provide a meeting room at Beverly Hills City Hall, or another City facility, suitable for conducting the hearing.

B. Administrative Appeal for Employees Subject to Discipline Other Than Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal The following administrative appeal process is established pursuant to Government Code § 3304.5. This procedure shall not apply to disciplinary actions for which employees already are entitled to receive an appeal hearing for disciplinary transfer, step reduction, suspension, demotion and dismissal (outlined in Section “A” above).

1. Right to Administrative Appeal Under this Procedure
a. Any employee who is subjected to punitive action (within the meaning of Government Code § 3303) other than dismissal, demotion, step reduction, suspension or disciplinary transfer, shall be entitled to receive an administrative appeal under this procedure. The employee shall not be entitled to appeal the action prior to its imposition, i.e., an employee shall not be entitled to receive a hearing akin to a Skelly hearing or other predisciplinary appeal hearing prior to imposition of the punitive action.

2. Notice of Appeal
a. Within five (5) calendar days of receipt by an employee of notification of punitive action as set forth above, the employee shall notify the Human Resources Director in writing of his/her intent to appeal the punitive action.
b. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

3. Hearing Officer
a. The City Manager shall have twenty-one (21) calendar days from receipt of the notice of appeal to designate himself/herself as the hearing officer or appoint a neutral hearing officer who is not embroiled in the controversy, i.e., a person who did not initiate or authorize the action in question. b. The hearing officer appointed by the City Manager shall serve in an advisory capacity and shall be responsible for making recommended findings of fact and issuing an advisory decision to the City Manager. The City Manager may adopt, modify, or reject the hearing officer’s recommendations and advisory decision and the City Manager’s decision shall be final and binding.

4. Burden of Proof/Persuasion
a. If the action being appealed does not involve allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, and/or City or Police Department regulations, procedures, or rules) the limited purpose of the hearing shall be to provide the employee the opportunity to establish a record of the circumstances surrounding the action. The City’s burden shall be satisfied if the City establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances.

For example, if the Police Department effected a non-disciplinary transfer of an employee out of a premium pay assignment with the intent of affording other employees the opportunity to work in the assignment, the decision would not be subject to being overturned as long as it was reasonable, even if one or more persons might disagree with the decision.

b. If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances.

For example, if an employee received a written reprimand for unauthorized absence from work then the City would bear the burden of proving that the employee was absent from work without authorization and that a written reprimand was reasonable under the circumstances.

5. Conduct of Hearing
a. The formal rules of evidence do not apply, although the hearing officer shall have discretion to exclude evidence which is incompetent, irrelevant or cumulative.
b. The parties may present opening statements.
c. The parties may present evidence through documents and testimony. i. Witnesses shall testify under oath.
ii. The hearing officer shall issue subpoenas for documents or testimony upon reasonable request of the parties.
d. The parties shall be entitled to confront and cross-examine witnesses. e. Following the presentation of evidence, if any, the parties may submit oral and/or written closing argument for consideration by the hearing officer.

6. Recording of the Hearing
If the punitive action involves an allegation of misconduct, then the hearing shall be stenographically recorded by a certified court reporter. Otherwise, the hearing may be tape recorded. The per diem cost of the court reporter shall be equally borne by the parties. The cost to receive a transcript of the hearing shall be borne by the party requesting the transcript.

7. Representation
The employee may be represented by an association representative or attorney of his or her choice at all stages of the proceedings. All costs associated with such representation shall be borne by the employee.

The City shall also be entitled to representation at all stages of the proceedings.

8. Decision
a. If a hearing officer is appointed by the City Manager, the hearing officer shall issue his/her advisory decision in writing within sixty (60) calendar days of the submission of the case by the parties for decision. The written decision shall set forth proposed findings of fact and a proposed decision. b. Within ten (10) calendar days of receipt of the advisory decision, the City Manager shall serve the parties with written notice of his/her decision adopting, modifying, or rejecting the hearing officer’s recommendations and decision. If the City Manager modifies, or rejects the hearing officer’s decision, then he or she shall review the entire record prior to making a decision.
c. If the City Manager hears the appeal him/herself, he/she will issue his/her decision within sixty (60) calendar days of the submission of the case by the parties for decision. The written decision shall set forth his/her findings of fact and final decision.
d. The decision shall be served by first class mail, postage pre-paid, upon the employee as well as his/her attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the police personnel that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.6.

23. NON-DISCRIMINATION
The parties mutually reaffirm their respective policies of non-discrimination in the treatment of any employee because of race, religion, sexual orientation, medical condition, gender, gender identity, gender expression, color, sex, age, disability, national origin, ancestry, or any other protected classification recognized by the law.

24. SAVINGS CLAUSE
If any benefit or provision of this MOU is deemed by a court of competent jurisdiction to be illegal or otherwise unenforceable, the remaining benefits or provisions of this MOU shall remain in full force and effect. In the event of such invalidation, the City and the Association shall meet and confer in good faith concerning such invalidation.

25. MANAGEMENT RIGHTS
The management and the direction of the work force of the City are vested exclusively in the City, and nothing in the MOU is intended to circumscribe or modify the existing rights of the City including but not limited to the direction of the work of its employees; the right to hire, promote, demote, transfer, assign, schedule and retain employees in positions within the City; subject to the rules and regulations of the City; suspend or discharge employees for just and proper cause; to maintain and improve the efficiency of governmental operations; to relieve employees from duties because of lack of work or funds; to take action as may be necessary to carry out the City's mission and services in emergencies; to determine the methods, means and appropriate job classifications, organizational structure and personnel by which the operations are to be carried out; and to establish reasonable performance standards for personnel, including but not limited to qualifications and quantity standards. In addition to the foregoing, the parties agree that the City may demand to meet and confer over the subject of furloughs.

26. GRIEVANCE PROCEDURE
The City and the Association recognize that disputes related to this MOU will occur from time to time. It is both parties’ intent and desire that any such disputes be resolved quickly and amicably.

However, the parties recognize that occasionally disputes will need to be resolved by a neutral.

It is for that reason that the parties agree to the following provisions of their grievance procedure.

A. Definition of a Grievance
An allegation by an employee or the Association that there has been a violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice(s) of the City and/or Department. This grievance procedure is the sole and exclusive method for either an employee or the Association to allege a violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice of the City or the Department.

B. Timeliness of a Grievance
A grievance must be filed within 30 days of the occurrence giving rise to the grievance or the time within which the grievant (either the employee or Association) knew or should have known of the occurrence.

C. Grievance Procedure
The parties acknowledge that a grievance procedure is beneficial to resolve MOU disputes.

1. Step 1 – If the Association is the grievant – Communication with the Human Resources Department: Whenever the Association believes that there has been a violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice of the City or the Department, the Association shall inform the Human Resources Director in writing of the alleged violation, misinterpretation or misapplication. The Human Resources Director shall either promptly schedule a meeting with the designated Association representative to discuss the grievance or may respond in writing within thirty (30) calendar days. If a meeting is scheduled, the Human Resources Director shall present his/her determination in writing within thirty (30) calendar days of the meeting. The response will be sent by e-mail to the designated Association representative.

2. Step 1 – If an employee is the grievant - Communication with department head or Designee: The employee must present, in writing, to the employee’s department head (or the department head’s designee if one is established) a document setting forth the alleged violation, misinterpretation or misapplication of the terms of this MOU, rules and regulations, policies and/or any past practice of the City or the Department. The department head or designee shall either promptly schedule a meeting with the grievant (the employee (who may be represented if he/she wishes)) to discuss the grievance or may respond in writing within thirty (30) calendar days. If a meeting is scheduled, the department head or designee shall present his/her determination in writing within thirty (30) calendar days of the meeting. The response will be sent by e-mail to the employee or designated the Association representative.

3. Step 2 –Advisory Arbitration: If the employee or the Association is not satisfied with the results of Step 1 the employee or the Association may move the grievance to advisory arbitration. To do so, the employee or the Association must present, in writing, to the Human Resources Director a document setting forth the alleged violation, misinterpretation or misapplication of the terms of this MOU rules and regulations, policies and/or any past practice of the City or the Department and requesting that the grievance be submitted to advisory arbitration. This document must be presented within ten (10) calendar days of the date the Step 1 response was e-mailed to the employee.

If the Human Resources Director or department head does not respond within the time limits for a response, the matter shall automatically be submitted to advisory arbitration or the Association representative or within ten (10) calendar days from the last date the response was due if no response is given.

4. Once moved to advisory arbitration, the Human Resources Director shall promptly send a letter to the grievant (either the employee or the Association) advising the grievant as to who the City’s representative will be. The grievant shall then contact the City’s representative for the purpose of determining whether the parties can agree on an arbitrator to hear the grievance. If the parties can agree, the representative for the City shall contact the agreed upon arbitrator to determine his/her availability for the hearing. If the parties cannot reach agreement on an arbitrator, the Human Resources Director or designee will send a letter to the State Mediation and Conciliation Service requesting a list of seven (7) arbitrators. Once the list is received, the representatives of the parties shall strike names until an arbitrator is chosen. The parties shall toss a coin to determine who shall strike the first name. Once the arbitrator is chosen, the parties will contact the arbitrator to schedule a hearing.

5. During the hearing, the formal rules of evidence do not apply. The cost of the arbitrator, a court reporter (if the parties agree on the use of a court reporter) shall be split between the City and the grievant. If the employee is pursuing a grievance without the support of the Association, the employee shall be responsible for one-half of the costs of the arbitration.

6. Once the arbitrator issues his/her advisory recommendation, it will be submitted to the City Manager.

7. The arbitrator shall provide copies of his/her recommendation to both parties’ representatives. Within ten (10) calendar days from the receipt of the advisory arbitration's recommendation, the Association (or the employee if proceeding on his/her own) and the applicable department head may submit to the City Manager a brief statement, not exceeding three (3) double-spaced pages, stating whether they believe the advisory arbitrator's recommendation is correct or not and why.

Within thirty (30) calendar days of receipt of the advisory arbitrator's recommendation, the City Manager shall issue a written decision and send such decision to the Human Resources Department. The Human Resources Department shall provide copies of the decision to the grievant and the applicable department head. If the City Manager fails to accept, reject or modify the arbitrator’s opinion and award within thirty-five (35) calendar days of receipt by the City Manager, it shall be considered accepted.

8. The City Manager may accept, reject or modify the advisory arbitrator's opinion or any part thereof. The City Manager's decision shall be final and binding. In reaching his/her decision, the City Manager shall review the advisory arbitrator's recommendation, the brief statements (if any) on the advisory arbitrator's recommendation submitted by the parties to the City Manager, and the evidence, both documentary and testimonial, and arguments presented to the advisory arbitrator.

FOR THE CITY OF BEVERLY HILLS
_________________________ __________________________
George Chavez Date
FOR THE BEVERLY HILLS POLICE OFFICERS’ ASSOCIATION
_________________________ __________________________
Joshua Cudworth Date
_________________________ __________________________
David Leber Date

APPROVED AS TO FORM
_________________________ __________________________
Peter J. Brown Date

EXHIBIT A

SALARY SCHEDULES
Effective 05/21/2022

POLICE OFFICER SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-39 1 $ 48.79 $ 3,903.22 $ 8,456.97 $ 101,483.59
P-39 2 $ 51.51 $ 4,120.86 $ 8,928.53 $ 107,142.32
P-39 3 $ 54.38 $ 4,350.64 $ 9,426.38 $ 113,116.58
P-39 4 $ 57.42 $ 4,593.23 $ 9,952.00 $ 119,423.97
P-39 5 $ 60.62 $ 4,849.35 $ 10,506.92 $ 126,083.04

POLICE SERGEANT SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-46 1 $ 58.99 $ 4,719.49 $ 10,225.57 $ 122,706.78
P-46 2 $ 62.28 $ 4,982.65 $ 10,795.74 $ 129,548.91
P-46 3 $ 65.76 $ 5,260.48 $ 11,397.72 $ 136,772.59
P-46 4 $ 69.42 $ 5,553.81 $ 12,033.25 $ 144,399.02
P-46 5 $ 73.29 $ 5,863.49 $ 12,704.23 $152,450.72
P-46 6 $ 77.38 $ 6,190.44 $ 13,412.61 $ 160,951.36

PRE-SERVICE POLICE OFFICER SALARY RATES
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
$ 45.97 $ 3,677.42 $ 7,967.75 $ 95,613.05

EXHIBIT A

SALARY SCHEDULES
Effective 09/24/2022

POLICE OFFICER SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-39 1 $ 50.25 $ 4,020.31 $ 8,710.68 $ 104,528.10
P-39 2 $ 53.06 $ 4,244.48 $ 9,196.38 $ 110,356.59
P-39 3 $ 56.01 $ 4,481.16 $ 9,709.17 $ 116,510.08
P-39 4 $ 59.14 $ 4,731.03 $ 10,250.56 $ 123,006.69
P-39 5 $ 62.44 $ 4,994.83 $ 10,822.13 $ 129,865.53

POLICE SERGEANT SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-46 1 $ 60.76 $ 4,861.08 $ 10,532.33 $ 126,387.98
P-46 2 $ 64.15 $ 5,132.13 $ 11,119.62 $ 133,435.38
P-46 3 $ 67.73 $ 5,418.30 $ 11,739.65 $ 140,875.77
P-46 4 $ 71.51 $ 5,720.42 $ 12,394.25 $ 148,730.99
P-46 5 $ 75.49 $ 6,039.39 $ 13,085.35 $ 157,024.24
P-46 6 $ 79.70 $ 6,376.15 $ 13,814.99 $ 165,779.90

PRE-SERVICE POLICE OFFICER SALARY RATES
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
$ 47.35 $ 3,787.75 $ 8,206.79 $ 98,481.44

EXHIBIT A

SALARY SCHEDULES
Effective 06/01/2024

POLICE OFFICER SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-39 1 $ 51.76 $ 4,140.92 $ 8,972.00 $ 107,663.94
P-39 2 $ 54.65 $ 4,371.82 $ 9,472.27 $ 113,667.29
P-39 3 $ 57.69 $ 4,615.59 $ 10,000.45 $ 120,005.38
P-39 4 $ 60.91 $ 4,872.96 $ 10,558.07 $ 126,696.89
P-39 5 $ 64.31 $ 5,144.67 $ 11,146.79 $ 133,761.50

POLICE SERGEANT SALARY RATES

GRADE STEP
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
P-46 1 $ 62.59 $ 5,006.91 $ 10,848.30 $ 130,179.62
P-46 2 $ 66.08 $ 5,286.09 $ 11,453.20 $ 137,438.44
P-46 3 $ 69.76 $ 5,580.85 $ 12,091.84 $ 145,102.04
P-46 4 $ 73.65 $ 5,892.04 $ 12,766.08 $ 153,192.92
P-46 5 $ 77.76 $ 6,220.58 $ 13,477.91 $ 161,734.97
P-46 6 $ 82.09 $ 6,567.43 $ 14,229.44 $ 170,753.30

PRE-SERVICE POLICE OFFICER SALARY RATES
HOURLY

RATE BIWEEKLY

MONTHLY
SALARY
ANNUAL
SALARY
$ 48.77 $ 3,901.38 $ 8,452.99 $ 101,435.88

EXHIBIT B
DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA.

The parties acknowledge that the PEPRA controls over definitions such as “new member” and “classic member” and put their understanding of the definitions in their MOU for informational purposes so that employees understand their retirement benefits.

New Member
Government Code section 7522.04(f) defines “new member” as follows:
(f) "New member" means any of the following:
(1) An individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who was not a member of any other public retirement system prior to that date.
(2) An individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date, but who was not subject to reciprocity under subdivision (c) of Section 7522.02.
(3) An individual who was an active member in a retirement system and who, after a break in service of more than six months, returned to active membership in that system with a new employer.

Classic Member
CalPERS refers to all members who do not fit the definition of new member as a classic member.

Attachment 3

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF BEVERLY HILLS
AND

BEVERLY HILLS

POLICE MANAGEMENT ASSOCIATION
October 1, 2019 - April 7, 2023
May 24, 2022 – June 30, 2025
i

TABLE OF CONTENTS

1. SALARIES.......................................................................................................................... 1

2. OVERPAYMENT ................................................................................................................ 2

3. APPOINTMENT & ADVANCEMENT .................................................................................... 2 A. Placement and Movement on the Salary Schedule .............................................................2 B. Probationary Period .............................................................................................................3 C. Separation of Rank ...............................................................................................................3 D. Special Merit Advancement.................................................................................................3 E. Acting Assignments..............................................................................................................3 F. Y-Rating ................................................................................................................................4

4. POLICE LIEUTENANT ASSIGNMENT PAY............................................................................. 4

5. HEALTH BENEFITS............................................................................................................. 4 A. Cafeteria Plan and Benefits..................................................................................................4

1. City Contribution to the Cafeteria Plan .................................................................. 4

2. Medical Insurance................................................................................................. 5

3. Dental Insurance.................................................................................................... 5

4. Optical Insurance .................................................................................................. 6

5. Employee Contributions for Benefit Options.......................................................... 6

6. The Receipt of Cash Through the Cafeteria Plan..................................................... 6 B. Flexible Spending Accounts..................................................................................................6

6. RETIREE MEDICAL INSURANCE.......................................................................................... 7 A. Tier 1: Retirees Hired Prior to July 1, 2012...........................................................................7 B. Tier 2: Retirees Hired On or After July 1, 2012.....................................................................7

7. LIFE INSURANCE ............................................................................................................... 7 A. City-Provided Life Insurance.................................................................................................7 B. Supplemental Term Life Insurance.......................................................................................8

8. DEFERRED COMPENSATION...............................................................................................8 A. City Contribution to Deferred Compensation......................................................................8 B. Employee Contribution to Deferred Compensation ............................................................9 C. Conversion of Sick Leave to Deferred Compensation ...........................................................9

9. CALPERS RETIREMENT BENEFITS ......................................................................................10 A. For “Classic Member” Employees.......................................................................................10 B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA).........................................................................................................10 C. Additional Optional Benefits For All Employees................................................................11

10. HOLIDAYS .......................................................................................................................11 A. Holiday Pay.........................................................................................................................11 B. Personal Holiday.................................................................................................................13

11. VACATION.......................................................................................................................13 A. Authorization For Taking Vacation.....................................................................................13 B. Holidays During Vacations..................................................................................................13 C. Vacation Accumulation ......................................................................................................13

12. SICK LEAVE......................................................................................................................15 ii
A. Accrual................................................................................................................................15 B. Use of Sick Leave................................................................................................................15 C. New Employment...............................................................................................................15 D. Sick Leave Incentive............................................................................................................15

13. BEREAVEMENT LEAVE .....................................................................................................16

14. WITNESS LEAVE...............................................................................................................16

15. LEAVE WITHOUT PAY ......................................................................................................16

16. LEAVE PAYOFFS UPON SEPARATION FROM CITY SERVICE.................................................16 A. Sick Leave Pay-Off ..............................................................................................................16 B. Vacation Pay-Off.................................................................................................................17

17. PROFESSIONAL DEVELOPMENT PROGRAM ......................................................................17 A. Sabbatical Leave.................................................................................................................17 B. Management Training........................................................................................................18

18. ADMINISTRATIVE LEAVE..................................................................................................18

19. OVERTIME.......................................................................................................................19 A. Accurately Reporting Time Worked...................................................................................19

20. UNIFORM ALLOWANCE ....................................................................................................20

21. RESIGNATION..................................................................................................................20

22. VEHICLES.........................................................................................................................20

23. ADMINISTRATIVE APPEAL PROCESS.................................................................................21 A. Disciplinary Procedure for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal .........................................................21 a. Hearing Officer Selection ................................................................................22 b. Hearing Officer's Authority .............................................................................23 c. Final Decision, Judicial Review ........................................................................23 d. Expenses........................................................................................................24 B. Administrative Appeal for Employees Subject to Discipline Other Than Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal.................24

24. NON-DISCRIMINATION....................................................................................................27

25. SAVINGS CLAUSE.............................................................................................................27

26. MANAGEMENT RIGHTS ...................................................................................................27

27. GRIEVANCE PROCEDURE .................................................................................................28 A. Definition of a Grievance....................................................................................................28 B. Timeliness of a Grievance: .................................................................................................28 C. Grievance Procedure..........................................................................................................28 Exhibits
EXHIBIT “A”: SALARY SCHEDULES .................................................................................................32 EXHIBIT “B”: DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 (PEPRA) ...............35 i
Article Page

1. SALARIES............................................................................................................................ 1

2. OVERPAYMENT .................................................................................................................. 2

3. APPOINTMENT AND ADVANCEMENT.................................................................................. 2 A. Placement and Movement on the Salary Schedule .............................................................. 2 B. Probationary Period ............................................................................................................ 43 C. Separation of Rank .............................................................................................................. 43 D. Special Merit Advancement................................................................................................ 43 E. Acting Assignments............................................................................................................. 43 F. Y-Rating ............................................................................................................................... 54

4. POLICE LIEUTENANT ASSIGNMENT PAY ............................................................................ 54

5. HEALTH BENEFITS............................................................................................................. 54 A. Cafeteria Plan and Benefits................................................................................................. 54 B. Flexible Spending Accounts................................................................................................. 76

6. RETIREE MEDICAL INSURANCE.......................................................................................... 86 A. Tier 1: Retirees Hired Prior to July 1, 2012.......................................................................... 86 B. Tier 2: Retirees Hired On or After July 1, 2012.................................................................... 97

7. LIFE INSURANCE ............................................................................................................... 97 A. City-Provided Life Insurance................................................................................................ 97 B. Supplemental Term Life Insurance .................................................................................... 107

8. DEFERRED COMPENSATION............................................................................................ 107 A. City Contribution to Deferred Compensation ................................................................... 107 B. Employee Contribution to Deferred Compensation ........................................................... 18 C. Conversion of Sick Leave to Deferred Compensation ......................................................... 18

9. CALPERS RETIREMENT BENEFITS....................................................................................... 29 A. For “Classic Member” Employees....................................................................................... 29 B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)................................................................................................................................ 29 C. Additional Optional Benefits For All Employees ............................................................... 410

10. HOLIDAYS ...................................................................................................................... 410 A. Holiday Pay........................................................................................................................ 410 B. Personal Holiday................................................................................................................ 611

11. VACATION...................................................................................................................... 612 A. Authorization For Taking Vacation .................................................................................... 612 B. Holidays During Vacations................................................................................................. 612 C. Vacation Accumulation...................................................................................................... 612

12. SICK LEAVE..................................................................................................................... 813 A. Accrual............................................................................................................................... 813 B. Use of Sick Leave............................................................................................................... 813 C. New Employment.............................................................................................................. 914 D. Sick Leave Incentive........................................................................................................... 914

13. BEREAVEMENT LEAVE................................................................................................... 1014

14. WITNESS LEAVE............................................................................................................ 1115 ii

15. LEAVE WITHOUT PAY.................................................................................................... 1115

16. LEAVE PAYOFFS UPON SEPARATION FROM CITY SERVICE ............................................... 1115 A. Sick Leave Pay-Off............................................................................................................ 1115 B. Vacation Pay-Off.............................................................................................................. 1215

17. PROFESSIONAL DEVELOPMENT PROGRAM ................................................................... 1216 A. Sabbatical Leave.............................................................................................................. 1216 B. Management Training:.................................................................................................... 1316

18. ADMINISTRATIVE LEAVE............................................................................................... 1317

19. OVERTIME.................................................................................................................... 1518 A. Accurately Reporting Time Worked ................................................................................ 1518

20. WORK SCHEDULES ....................................................................................................... 1619

21. UNIFORM ALLOWANCE ................................................................................................ 1619

22. RESIGNATION............................................................................................................... 1619

23. VEHICLES...................................................................................................................... 1619

24. ADMINISTRATIVE APPEAL PROCESS .............................................................................. 1920 A. Disciplinary Procedure for Employees Subject to Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal............................................................................... 1920 B. Administrative Appeal for Employees Subject to Discipline Other Than Disciplinary Transfer, Step Reduction, Suspension, Demotion, or Dismissal......................................... 23

25. NON-DISCRIMINATION................................................................................................. 2826

26. SAVINGS CLAUSE.......................................................................................................... 2826

27. MANAGEMENT RIGHTS ................................................................................................ 2826

28. GRIEVANCE PROCEDURE............................................................................................... 2926 A. Definition of a Grievance:................................................................................................ 2926 B. Timeliness of a Grievance: .............................................................................................. 2927 C. Grievance Procedure:...................................................................................................... 2927 EXHIBIT A .......................................................................................................................... 3631 SALARY SCHEDULES ........................................................................................................... 3631 EXHIBIT B........................................................................................................................... 4334 DEFINITIONS OF “NEW MEMBER” AND “CLASSIC MEMBER” PER THE PUBLIC EMPLOYEES’ PENSION REFORM ACT OF 2013 – PEPRA...................................................................... 4334 New Member ........................................................................................................................ 4334 Classic Member..................................................................................................................... 4334 1 BEVERLY HILLS POLICE MANAGEMENT ASSOCIATION

MEMORANDUM OF UNDERSTANDING
The Beverly Hills Police Management Association, a formally recognized employee organization, representing all Police Captains and Police Lieutenants (hereinafter “employees"), and duly authorized representative of the management of the City of Beverly Hills, (hereinafter "City") have met and conferred in good faith and have reached this Memorandum of Understanding (hereinafter “MOU”).

Now, therefore, the parties agree and mutually recommend to the City Council of the City of Beverly Hills (hereinafter "City Council") the following for its determination:

1. Integration: This document embodies a written memorandum of the entire understanding and mutual agreement of the parties as required by Government Code Section 3505.1 and supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto.

The City recognizes that certain past practices may be identified during the term of this MOU which should have been included in this document but, due to inadvertent omission, are not set forth herein. Mutual agreement between the parties shall be necessary to implement change to such past practices. All other practices, policies and procedures affecting wages, hours and working conditions may be changed only after a meet and confer process has been conducted between the parties. However, the parties agree neither party may compel the other party to negotiate regarding proposed changes to any matter within the lawful scope of bargaining (wages, hours and other terms and conditions of employment) during the term of this MOU. This is known as a “zipper clause.” The parties agree that during the term of this MOU, either side may request to reopen negotiations on the subject of modifications to performance evaluations.

2. Term: Unless otherwise specified herein, this MOU shall be effective beginning October 1, 2019May 24, 2022 and shall expire April 7, 2023June 30, 2025.

1. SALARIES
All employees who are in the bargaining unit on March 31, 2020 will receive a lump sum payment of two thousand three hundred and ninety one dollars ($2,391.00) which will be paid on the second pay day following City Council approval of this 2019-2023 MOU. This lump sum payment is non-pensionable as it is provided in the same fiscal year as a base salary increase.

Effective the pay period including City Council approval of this 2019-2023 MOU,May 24, 2022 employees will receive a base salary increase of twoeight percent (28.0%). 2 Effective the pay period including October 1, 20202022, employees will receive a base salary increase of twothree percent (23.0%).

Effective the pay period including OctoberJune 1, 20212024, employees will receive a base salary increase of twothree percent (23.0%).

The salary schedules for the duration of the MOU are attached hereto as Exhibit “A”.

2. OVERPAYMENT
If an employee receives more compensation (whether in the form ofsalary, overtime or any other form of compensation contained in this MOU), than he/she is entitled to receive (i.e., is overpaid), the City will inform the employee. The City will work with the employee to reconcile the overpayment and if overpaid will work to try to create a repayment schedule.

3. APPOINTMENT &AND ADVANCEMENT
A. Placement and Movement on the Salary Schedule
All employees will have initial salary placement at and advance through the steps on the salary schedule (Attached hereto as Exhibit “A“). In no event will salary placement be outside a step on the established salary schedule.

Employees promoted to Lieutenant shall be placed at Step 3 on the Lieutenant salary range. Annually thereafter (i.e., the anniversary date), upon receipt of a performance evaluation of “meetsstandards” or better, the Lieutenant shall be eligible to receive a pay step increase until the Lieutenant reaches the top step of the salary range. The effective date of the step increase shall be the first day of the pay period following his/her anniversary date.

A Lieutenant promoted to Captain who is at the top step of the Lieutenant salary range, shall be placed at the top step of the Captain salary range. A Lieutenant who is not at the top step of the Lieutenant salary and who is promoted to Captain shall be placed on the step of the Captain salary range which is at least 5.5% higher than the step to which the employee is at on the Lieutenant salary range at the time of promotion. Annually thereafter (i.e., the anniversary date), upon receipt of a performance evaluation of “meets standards”, the Captain will receive a pay step increase until he/she reaches the top step on the salary range. The effective date of the step increase shall be the first day of the pay period following his/her anniversary date.

An employee’s step increase may be withheld or delayed only if his/her overall performance is less than “meets standards” and his/her evaluation is given timely (i.e., within one calendar week of the first day of the pay period following his/her anniversary date).
3 within one calendar week of the first day of the pay period following his/her anniversary date).
4 B. Probationary Period
Every employee shall serve a probationary period of twelve (12) months. Benefits and leave rights shall be available to employees on probation as a result of accepting a promotion.

The City has the right to extend an employee’s probation as follows:

1. For the length of any leave of absence or time on modified duty while on probation in excess of one calendar week; and/or

2. At the discretion of the Chief of Police up to six months.

C. Separation of Rank
The parties agree that the top step of the Captain salary range shall be at least twelve percent (12%) higher than top step of the Lieutenant salary range.

The parties agree that the top step of the Lieutenant salary range plus the monthly amount of deferred compensation paid to a Lieutenant shall be at least 19% higher than the top step for Police Sergeant plus the amount of deferred compensation paid to a Sergeant.

D. Special Merit Advancement
The City Manager may authorize the advancement of an employee to any step within the prescribed schedule earlier than he/she would normally be eligible. Special merit increases shall require a written recommendation of the Chief of Police or his/her designee, as submitted to the Human Resources Director. Such salary increases shall be effective on the first day of the pay period following the approval of the City Manager, unless a different effective date is specified by the City Manager. An employee will be eligible for his/her next scheduled increase one year after the date of the special merit advancement, and annually thereafter.

E. Acting Assignments
Every employee temporarily assigned to a classification higher than his/her regularly assigned classification shall receive acting assignment pay while so assigned.

While acting, the employee’s base monthly salary shall be 5.5% above his/her present base monthly salary, provided that this additional amount shall not exceed the top step 5 nor be lower than the first step of the higher classification. Acting assignments shall be recommended by the Chief of Police or his/her designee and approved by the Human Resources Director or designee.

To be eligible for acting pay, the employee has to meet the minimum qualifications for the higher classification and be capable of performing the essential functions of the higher classification.

Employees assigned to an acting assignment shall not acquire status or credit for service in the higher classification and may be returned to their regular classification at any time.

F. Y-Rating
In the event an employee in a position is Y-rated the employee's monthly salary shall not be increased until the monthly salary of the position held by that employee meets or exceeds the monthly salary paid to that employee.

4. POLICE LIEUTENANT ASSIGNMENT PAY
Police Lieutenants regularly assigned as a Detective Lieutenant shall receive a monthly payment of $410.36. This pay shall not become effective until an official personnel action form authorizing the pay is approved by the Human Resources Director or designee.

5. HEALTH BENEFITS
A. Cafeteria Plan and Benefits
New hires are eligible for Cafeteria Plan benefits and health insurance beginning on the first day of the month following their start date.

The following insurance benefits are provided through a cafeteria plan adopted in accordance with the provisions of Internal Revenue Code § 125: medical insurance, dental insurance, and optical insurance.

1. City Contribution to the Cafeteria Plan
The City will contribute to the cafeteria plan on behalf of each employee an amount (which includesthe PERS statutory minimum) determined annually by the method established herein. The total City contribution amount for each year will be determined by adding to the prior year’s contribution amount an amount equal to 80% of the net increase, if any, in the total cost of the monthly premiums for the following plans: (a) the employee plus family category of the PORAC medical insurance plan available through PERS, (b) the employee plus family category of the “Safety Standard” Guardian dental plan and (c) the employee plus family category of the “Safety Standard” optical VSP plan. The cafeteria plan 6 contribution is used to purchase the optional benefits of medical insurance, dental insurance and optical insurance. Should the total premium cost of these three benefits decrease from one year to the next, the contribution amount from the City will remain the same for the following year.

For contributions effective January 1, 2020, the City has determined the City’s contribution using the 2019 actual contribution and 2020 premium rates, which are used in the following example to describe the City’s contribution:

The City’s 20192022 Cafeteria Plan contribution is $2,108.39. For 2020, the premium cost of the three plans described above decreased. Therefore, the City’s cafeteria plan contribution remains at $2,108.39. For 2021 and 2022For 2023 2024 and 2025, assuming the cost of the plans increase, the City will increase its contribution by an amount equal to 80% of each year’s increase. The same methodology will be used each year of the MOU to determine increases in the City’s contribution.

For 2021, the City’s contribution will be based on the formula described above (i.e., the City will pay 80% of the net increases).

2. Medical Insurance
The City contracts with the California Public Employees’ Retirement System (“PERS”) for medical insurance. The City will contribute the PERS statutory minimum on behalf of each participant in the program, which is included in the City’s Contribution to the Cafeteria Plan described above. Eligible employees may select any of the medical insurance plans offered by CalPERS.

An employee who elects to opt out of medical coverage offered by the City must be able to provide proof of minimum essential coverage ("MEC") through another source (other than coverage in the individual market, whether or not obtained through Covered California).

If at any time during the term of the MOU, the City is subject to penalties under the ACA, the parties agree to reopen negotiations on that provision of the cafeteria plan subjecting the City to such penalties for the limited purpose of making changes to ensure that such penalties are avoided, provided that no changes can be made without mutual agreement of the parties.

3. Dental Insurance
Employees may select a dental insurance plan available from the City’s provider, Guardian. The City reserves the right to change dental insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider and, if the amount of the new monthly premium for family coverage 7 shall exceed that due under the former plan, the City’s monthly cafeteria plan contribution shall be increased by the amount of the premium increase.

Employees do not have to choose any dental insurance and need not provide proof of dental insurance from another source in order to make that choice.

4. Optical Insurance
Employees may select an optical insurance plan available from the City’s provider, Vision Service Plan (VSP). The City reserves the right to change optical insurance providers if necessary. If it does, employees will be provided with similar benefits with the new provider and, if the amount of the new monthly premium for family coverage shall exceed that due under the former plan, the City’s monthly cafeteria plan contribution shall be increased by the amount of the premium increase.

Employees do not have to choose any optical insurance and need not provide proof of optical insurance from another source in order to make that choice.

5. Employee Contributionsfor Benefit Options
If an employee chooses optional benefits whose aggregate cost exceeds the total City contribution to the Cafeteria Plan, the City will automatically deduct the excess amount on a pre-tax basis from the employee’s bi-weekly payroll.

6. The Receipt of Cash Through the Cafeteria Plan
Employees will be eligible to receive cash up to a maximum of $475 per month (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving one of the optional benefits provided through the plan or if they choose optional benefits that do not cost as much as the maximum dollar amount they receive through the plan.

B. Flexible Spending Accounts
Employees have the opportunity to participate in both a health care and dependent care flexible spending account (each an FSA) whereby employees will be able to defer up to the maximum permitted by law to pay for any eligible out of pocket expenses related to health care or dependent care on a pre-tax basis. The provisions of both of these FSA’s will be provided in a plan document. The plan document will be available to each eligible employee upon request. Before January 1 of every year, employees will be able to elect to have their compensation for the upcoming year deducted biweekly and contributed on a pre-tax basis to the FSA. During the year (and for a short grace period thereafter), an employee can receive reimbursements under the FSA for covered expenses incurred during the year, up to the amount of the employee’s elected contributions for the year.

The FSA deductions will be withheld from employees’ regular payroll. Any amount allocated but not used within the prescribed time limits shall be forfeited. 8 6. RETIREE MEDICAL INSURANCE
Each employee retiring from City service is eligible to continue coverage as a retiree through the group medical insurance plans offered through the California Public Employees’ Retirement System (“PERS”).

The City shall pay the PERS statutory minimum on behalf of each retiree.

A. Tier 1: Retirees Hired Prior to July 1, 2012

1. For employees(in the bargaining unit as of the date of approval of this MOU) hired prior to July 1, 2012 who retire from the City after July 1, 1989, the City shall pay the difference between the PERS statutory minimum and the actual cost of the medical insurance premium up to the two-party rate of the PERS PORAC Plan. 9 2. In the event of the death of an employee who retired from the City who was hired prior to July 1, 2012, the City shall continue to pay the actual cost of single party coverage for the spouse.

B. Tier 2: Retirees Hired On or After July 1, 2012
Police Management employees hired by the City on or after July 1, 2012 who retire from the City will receive the PERS statutory minimum which will be paid directly to PERS by the City should the retiree select a medical plan through PERS. In addition, for any employee hired into the unit as a new employee of the City on or after July 1, 2012, in lieu of additional retiree medical insurance benefits, the City shall, while the employee is working for the City, contribute the sum of $275.00 per month ($126.92 per pay period) (effective the pay period including City Council approval of this 2019-2023 MOU, the amount will increase to $388.00 per month ($194.00 per pay period)) for twenty-four (24) pay periods – there will be no contribution in the third pay period of any month which has three pay periods) to a retirement health savings account on behalf of each employee. For employees who promote into the unit on or after July 1, 2012 who were City employees as of June 30, 2012, they will receive retiree medical benefits in accordance with the benefits of this MOU asthough they were a member of the bargaining unit prior to July 1, 2012.

7. LIFE INSURANCE
A. City-Provided Life Insurance
Employees shall be entitled to a one hundred thousand dollar ($100,000) term life insurance policy. The full premium for such policy shall be paid for by the City under the life insurance program of its choosing.
10 B. Supplemental Term Life Insurance
Employees may also purchase supplemental term life insurance, if available, with deductions from their bi-weekly compensation as designated by each employee.

Employees cannot allocate cash contributions made to the cafeteria plan to pay the premiums for this supplemental term life insurance. However, they may, on a post-tax basis, allocate any cash back they receive from the cafeteria plan for that purpose as a deduction from their paycheck.

8. DEFERRED COMPENSATION
A. City Contribution to Deferred Compensation
The City shall contribute $30.00 per month on behalf of each employee to a deferred compensation account.

In addition to the above amount, the City shall pay make an additional contribution to the deferred compensation accounts of Police Lieutenants and Police Captains as follows:

Effective the pay period including City Council approval of this 2019-2023 MOU, the City shall make a contribution to employees in the classification of Police Lieutenant in the amount of one percent (1%) of step 6 for the classification of Police Lieutenant.

Effective the pay period including City Council approval of this 2019-2023 MOU, the City shall make a contribution to employees in the classification of Police Captain in the amount of one percent (1%) of step 6 for the classification of Police Captain.

Effective the pay period including October 1, 2020, the City shall make a contribution to employees in the classification of Police Lieutenant in the amount of two percent (2%), the one percent (1%) initially provided on March 28, 2020, and an additional one percent (1%) for a total of two percent 2%) of step 6 for the classification of Police Lieutenant.

Effective the pay period including October 1, 2020, the City shall make a contribution to employees in the classification of Police Captain in the amount of two percent (2%), the one percent (1%) initially provided on March 28, 2020, and an additional one percent (1%) for a total of two percent (2%) of step 6 for the classification of Police Captain.

Effective the pay period including October 1, 2021, theThe City shall make a contribution to employees in the classification of Police Lieutenant in the amount of three percent (3%), the two percent (2%) initially provided effective with the%) of step 6 for the classification of Police Lieutenant.

pay period including October 1, 2020, and an additional one percent (1%) for a total of three percent (3%) of step 6 for the classification of Police Lieutenant.

Effective the pay period including October 1, 2021, the The City shall make a contribution to employees in the classification of Police Captain in the amount of three percent (3%), the two percent (2%) initially provided effective with the pay period including October 1, 2020, and an additional one percent (1%) for a total of three percent (3%) of step 6 for the classification of Police Captain.

As addressed in paragraph B below, the parties acknowledge that there is a statutory maximum amount that may be contributed into an employee’s deferred compensation account. Given the above contributions from the City, employees are responsible for ensuring that any individual contributions employees elect to make to their own deferred compensation accounts do not cause the account to exceed the maximum permitted by law. If the maximum permitted by law is reached prior to the end of a calendar year, there will no additional City contributions for the remainder of that calendar year.

B. Employee Contribution to Deferred Compensation
Employees may elect to contribute from their regular wages to deferred compensation accounts up to the IRS-established limits. In accordance with the tax laws, any cash that an employee may receive through the cafeteria plan may not be deferred to the employee’s deferred compensation accounts directly from the cafeteria plan.

C. Conversion of Sick Leave to Deferred Compensation
Employees may elect to convert accumulated sick leave to deferred compensation. The extra pay may only be used to fund IRS designated “catch-up” contributions (which may include the pre-retirement catch-up or age 50 catch-up) to deferred compensation. The following restrictions apply to this program:

1. The employee shall have a minimum of 15 years of service with the City of Beverly Hills.

2. The individual’s sick leave balance cannot be reduced below 500 hours.

3. Contribution amounts and deferral limits will be governed by IRS Code restrictions and the deferred compensation plan rules related to “catch-up” contributions.

4. An employee may only convert the amount of sick leave he/she would be eligible to receive (per Article 15) if he/she separated from service at the time of the sick leave conversion to deferred compensation.

9. 9. CALPERS RETIREMENT BENEFITS
The City contracts with CalPERS for retirement benefits. The definitions of “new member” and “classic member” are set forth in Exhibit “B” to this MOU.

A. For “Classic Member” Employees

1. Retirement Formula: The City contracts with CalPERS to provide the 3% at 50 retirement formula for all employees hired before July 1, 2012 as set forth in California Government Code Section 21362.2. For employees hired after July 1, 2012 who are classic members, the City contracts with CalPERS to provide the 3% at 55 retirement formula as set forth in California Government Code Section 21363.1

2. Retirement Benefit Calculation Period: The City's contract with CalPERS provides for the "Single Highest Year" retirement benefit for which “classic member” employees hired prior to July 1, 2012 in the unit are included per Government Code section 20042. For employees hired after July 1, 2012 who are classic members, final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 20037.

3. Payment of Employee/Member Contribution: Classic members shall pay their entire Member Contribution equal to nine percent (9%) of compensation earnable and the City shall pay and report zero percent (0%) of compensation earnable as Employer Paid Member Contribution (EPMC). The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.

B. For “New Members” As Defined By the Public Employees’ Pension Reform Act of 2013 (PEPRA)

1. Retirement Formula: Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7%@ 57 formula provided for by the Public Employees’ Retirement Law at Government Code section 7522.25(d).

2. Retirement Benefit Calculation Period: For unit members defined as “new members” under the PEPRA, each such employee’s final compensation will be based on the highest annual average compensation earnable during the three consecutive years of employment immediately preceding the effective date of his

2. or her retirement or any other three consecutive year period chosen by the employee as set forth in Government Code section 7522.32(a).

3. Payment of Employee/Member Contribution: New member employees are responsible for paying the employee contribution of one-half of the normal cost of the plan, as defined by CalPERS, through a payroll deduction. This amount is currently determined by CalPERS and will continue to be determined by CalPERS in the future. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pretax basis.

C. Additional Optional Benefits For All Employees

1. 1959 Survivor's Benefit: The City’s contract with CalPERS provides Level 4 coverage under the 1959 Survivor's Benefit per Government Code section 21574.

2. Military Service Credit: The City’s contract with CalPERS provides the Military Service Credit option set forth in Government Code section 21024.

3. Pre-Retirement Death Benefits: The City’s contract with CalPERS provides the benefit known as the pre-retirement death benefits to continue after remarriage of survivor as set forth in Government Code section 21551.

4. Cost of Living Allowance: The City’s contract with CalPERS provides the benefit known as the 2% Cost of Living Allowance Increase as set forth in Government Code section 21329.

5. Retired Death Benefit: The City’s contract with CalPERS provides the $500 Retired Death benefit as set forth in Government Code section 21620.

6. Prior Service: The City’s contract with CalPERS provides the prior service benefit as set forth in Government Code section 20055.

7. Post Retirement Survivor Allowance as set forth in Government Code section 21635, 21624/21626.

10. HOLIDAYS
A. Holiday Pay
Employees in the bargaining unit work either a 4/10 or 3/12.5 work schedule subject to the discretion of the Chief of Police.

An employee assigned to Patrol is required to work on holidays if his/her work schedule falls on one of the holidays provided below. Such an employee will receive holiday-in-lieu pay for the number of hours corresponding with his/her regular work schedule (e.g. an employee on a 4/10 work schedule will receive 10 hours of holiday-in-lieu pay).

Employees are not precluded from requesting to use earned leave time on a holiday that falls on a regularly scheduled workday.

Employees in an administrative assignment (non-patrol) shall receive time off with pay for any holiday which falls during his/her regular work schedule.

For all employees (employees on patrol and employees in an administrative assignment), if a holiday falls on one of their days off, they shall be paid for the holiday.

Employees who are assigned to work a 4/10 work schedule shall receive holiday pay for the following holidays if they were in paid status for the entire day the day before and the day after the holiday (i.e., either the employee worked or was absent using paid leave for the entire day on such workdays):

New Year's Day January 1
Martin Luther King Day Third Monday in January
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25
An employee who is assigned to work a 3/12.5 work schedule shall receive holiday pay for the following holidays if he/she worked his/her regularly assigned work schedule or was absent on authorized paid leave the day before and the day after the holiday:

New Year's Day January 1
President's Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Fourth Friday in November
Christmas Day December 25

If an employee who works a 3/12.5 is assigned a 4/10 work schedule because he/she is working a modified duty assignment, he/she will be provided the day off for the holiday and paid ten (10) hours for the holiday.

B. Personal Holiday
Employees shall be entitled to one additional paid holiday each fiscal year. This holiday may be taken at the employee's discretion subject to his/her supervisors and the Chief of Police or designee’s approval. The employee shall request the holiday in writing. If an employee does not use his/her personal holiday earned within the fiscal year, he/she will not earn an additional personal holiday in the next fiscal year. Employees hired between April 1 and June 30 will not be credited with a personal holiday until the following fiscal year.

11. VACATION
A. Authorization For Taking Vacation
An employee entitled to vacation leave shall make a written request to use vacation in the manner and within the time directed by the Chief of Police or his/her designee. The Chief of Police or his/her designee shall establish a vacation schedule for each calendar year based as much as possible upon application and seniority of the employees concerned and subject to the Chief of Police's right to plan work under his/her control.

He/she shall notify an employee requesting vacation whether his/her request is approved within a reasonable time.

B. Holidays During Vacations
For employees not assigned to patrol, when a holiday falls within an employee's vacation leave, the day will count as a holiday not vacation, unless the employee elects to be compensated for the holiday in the form of a cash payment. An employee on vacation during a holiday may elect to be compensated for up to five (5) holidays per year by using vacation on the same day.

C. Vacation Accumulation
Vacation credit shall be accrued bi-weekly to employees at the following rates:

FIRST 4 YEARS

OF SERVICE
AFTER 4 YEARS
THROUGH 14 YEARS

OF SERVICE
AFTER 14 YEARS

OF SERVICE

3.07/Hours 5.54/Hours 7.39/Hours
Bi-weekly Bi-weekly Bi-weekly

80 Hours/year 144/Hours/year 192 Hours/year
Employees with fourteen years of service or less may not accumulate more than 432 hours of vacation and will not continue to accrue vacation until their balance falls below 432 hours
Employees with more than fourteen (14) years of service may not accumulate more than 480 hours of vacation at any time and will not continue to accrue vacation until their balance falls below 480 hours.

Until December 31, 2020, upon the employee's request, an employee with 240 hours or more of accumulated vacation, can request to receive cash payment in the following calendar year (which will be paid in the following January) for up to 80 vacation hours earned but not taken during that calendar year.

Effective for calendar year 2021 and every year thereafter: By December 15 (the first year being 2020)By December 15 of each year, employees may make an irrevocable election to cash out up to eighty (80) hours of vacation leave which will be earned in the following calendar year, provided that at the time of the cash out, the employee has minimum of 240 hours of accrued vacation leave.

The employee will be paid for the vacation hours (up to a maximum of eighty (80) hours) they irrevocably elected to cash out on the first pay day in January (the first year being 2022)..

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

In addition to the above, starting in calendar year 2021, an employee who has an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted) shall be entitled to make a request to the Director of Human Resources for a payoff of accrued vacation. The amount of vacation which may be paid off is limited to the amount necessary to meet the emergency. The maximum payoff the employee can receive for an emergency is limited to forty (40) hours. These forty (40) hours would be the same forty (40) hours the employee elected to cash out, not an additional forty (40) hours.

Payroll division records are the final authority for settling disputes regarding accrued and accumulated vacation.

12. SICK LEAVE
Except as is otherwise provided, employees shall accrue, use and be compensated for sick leave as follows:

A. Accrual
Each employee shall accrue sick leave at the rate of 3.69 hoursfor each complete biweekly period of employment. During years in which there are 27 pay dates, there will be no sick leave accrual during the 27th pay date. Payroll division records are the final authority for settling disputes regarding accrued and accumulated sick leave.

B. Use of Sick Leave
Accumulated sick leave may be used by an employee during any period of illness of the employee, spouse, child, or registered domestic partner if the illness requires the presence of the employee. In addition, an employee may use up to one half of one year’s annual accrued sick leave (48 hours per calendar year) for his/her parent, sibling, parentin-law, grandchild or grandparent.