AGENDA
ITEM
10 AGENDA
CALEXICO California ITEM
WHERE CALIFORNIA AND MEXICO MEET
10 CITY COUNCIL
AGENDA STAFF REPORT
DATE: September 6, 2023
TO: Mayor and City Council
APPROVED BY: Esperanza Colio Warren, Cly Managar Cal Nara PREPARED BY: Denise Garcia, H.R./R.M. Manager S.
REVIEWED BY: Sandy Fonseca, Interim Finance Director §F SUBJECT: Approve a Resolution to Adopt and Ratify the Memorandum of Understanding (M.O.U.) between the City of Calexico and the Calexico Police Officers Association (C.P.O.A.) for the Term Beginning July 1, 2023 to June 30, 2024. ===========================================
Recommendation by Mayor Ureña and Mayor Pro Tem Romo
Approve a Resolution to adopt and ratify the Memorandum of Understanding (M.O.U.) between the City of Calexico and the Calexico Police Officers Association (C.P.O.A.) for the term beginning July 1, 2023 to June 30, 2024.
Background:
The Calexico Police Officers Association (C.P.O.A.) represents four total classifications within the Police Department consisting of Police Officers, Police Sergeants, Public Safety Dispatchers and Public Safety Dispatch Supervisor. In 2020, the Public Safety Dispatcher and Public Safety Dispatcher Supervisor classifications joined the C.P.O.A. bargaining unit. Since that time, these two classifications have not been formally recognized or represented in any of the C.P.O.A. M.O.U.'s, Side Letters, or Letters of Understanding (L.O.U.).
Negotiations were initiated by the C.P.O.A. in April of 2023 to discuss the expiration of their existing L.O.U. and the integration of the Public Safety Dispatcher and Public Safety Dispatch Supervisor's rights and benefits into one complete M.O.U. City negotiators met and conferred in good faith with representatives of the C.P.O.A. concerning the terms and conditions of employment addressed in all previous agreements and have agreed to the terms of this comprehensive agreement on August 31, 2023.
Discussion and Analysis:
The attached Memorandum of Understanding is for a one-year term effective July 1, 2023, and expires June 30, 2024.
Fiscal Impact:
The fiscal impact for 2023/24 is $4,400.
Coordinated With:
C.P.O.A. Bargaining Unit
City Administration
Attachments):
1. 2023-24 C.P.O.A. M.O.U.
2. Resolution approving the 2023-24 M.O.U. between the City of Calexico and the C.P.O.A. 2 RESOLUTION NO. 2023-—
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALEXICO, CALIFORNIA, APPROVING AND
ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CALEXICO AND THE
CALEXICO POLICE OFFICERS' ASSOCIATION
WHEREAS, Employer-Employee Relations for the City of Calexico ("City") are governed by California Government Code section 3500 through 3511, known as the Meyers-Milias-Brown Act, and Calexico City Council Resolution No. 2204, entitled: "Resolution of the City Council of the City of Calexico Pertaining to Employer-Employee Relations for the City of Calexico," dated July 7, 1970, which is also referred to as the "Employer-Employee Relations Resolution of the City of Calexico"; and WHEREAS, the Memorandum of Understanding ("MOU") between the City and Calexico Police Officers' Association ("POA") expired on June 30, 2023; and
WHEREAS, the parties held "meet and confer" sessions in an effort to reach an agreement on a new MOU; WHEREAS, the City and the POA reached agreement for a new MOU for the Period of July 1, 2023 through June 30, 2024; and
WHEREAS, the Memorandum of Understanding has been approved by the membership of the POA; WHEREAS, upon approval of this Resolution by the City Council, the Memorandum of Understanding shall reflect the sole agreement of the parties and supersede all prior agreements whether written or oral; and WHEREAS, the provisions in the Memorandum of Understanding shall not apply retroactively, except where specifically stated; and
NOW, THEREFORE, be it resolved, determined, and ordered by the City Council of the City of Calexico:
Section 1. The above recitals are true and correct and are deemed to be findings by the City Council.
Section 2. The Memorandum of Understanding between the City and the POA referenced herein is hereby approved and adopted.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Calexico at the regular meeting this 6th day of September 2023.
Raul Ureña, Mayor
ATTEST:
Veronica L. Alvarado, Interim City Clerk
APPROVED AS TO FORM
Carlos Campos, City Attorney
STATE OF CALIFORNIA)
CITY OF CALEXICO ss,
COUNTY OF IMPERIAL
1, Veronica L. Alvarado, Interim City Clerk of the City of Calexico, do hereby certify under the penalty of perjury, that the foregoing Resolution No. 2023-_ → was duly adopted by the City Council at a meeting of said City Council held on the 6th day of September 2023, and that it was so adopted by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Veronica L. Alvarado, Interim City Clerk
City of Calexico
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF CALEXICO
AND THE
CALEXICO POLICE OFFICERS' ASSOCIATION
Term:
July 1, 2023 to June 30, 2024
This Memorandum of Understanding (MOU) is entered into by and between the Calexico Police Officers' Association (Association) and the City of Calexico (City).
ARTICLE 1 - RECOGNITION AND STATUS OF AGREEMENT
Section 1 - Recognition: The City formally recognizes the Association as the exclusive bargaining agent for the bargaining unit composed of all persons employed full time in the following classifications: Police Officer, Police Sergeant, Public Safety Dispatcher and Public Safety Dispatcher Supervisor.
Section 2 - Ratification: This MOU is of no force or effect until ratified and approved by the Association membership and by the City Council through a duly adopted Resolution.
Upon ratification, this MOU reflects the sole agreement of the parties thereto and supersedes all prior agreements whether written or oral. Prior to ratification of this MOU by both parties, the MOU previously in place will govern any matters.
Section 3 - Scope of Recognition: The scope of representation is as set forth in City Council Resolution No. 2204, entitled: "Resolution of the City Council of the City of Calexico Pertaining to Employer-Employee Relations for the City of Calexico," dated 7/7/70, as amended.
Section 4 - Rules and Regulations: All bargaining unit members shall be subject to the General Orders governing the Police Department, which includes special orders, Policy and Procedures, Operations Plans and the City's Personnel Rules and Regulations. No amendment to the Personnel Rules and Regulations shall amend or modify any provision found in this MOU.
ARTICLE 2 - MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State law, and expressly and exclusively retains its management rights, which include, but are not limited to: The exclusive right to determine the mission of its constituent departments, commissions, boards: set standards and levels of service; determine the procedures and standards of selection for employment and promotions; direct its employees; discharge, suspend, demote, reprimand, withhold salary increases and benefits for disciplinary reasons, or otherwise discipline employees in accordance with applicable law; establish and modify employee performance and productivity standards including, but not limited to quality and quantity standards, and to require compliance therewith; determine style and/or types of City-issued wearing apparel, equipment or technology to be used; relieve its employees from duty because of lack of work, lack of funds, or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine whether goods or services should be made, purchased, or contracted for; determine the content and intent of job classifications; determine methods of financing; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force; determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions; assign work to employees; take all necessary actions in carrying out its mission in emergencies; and exercise complete control and discretion over its organization and the technology or performing its work.
The City's exercise, through its City Council and management representatives, of its rights shall not in any way, directly or indirectly, be subject to the grievance procedure. The Association retains the right to grieve whether any particular action constitutes a "management right" as defined here. The Association retains its rights under the Meyers- Milias-Brown Act (MMBA) to request to meet and confer to the extent that the City's exercise of any of these management rights has a significant impact upon the scope of bargaining.
ARTICLE 3 - EMPLOYEE AND ASSOCIATION RIGHTS
Section 1 - Negotiation Team: A maximum of three Association representatives shall be allowed time off for all scheduled meetings mutually set between City and Association.
Section 2 - Bulletin Board: The Association shall have sole and exclusive use of bulletin board space, clearly marked, and identified as such, of roughly square dimensions, in the area of the Police Department known as the Squad Room. Material placed on said bulletin board shall be at the discretion of the Association and shall be removed by Management only in the event the material is obviously offensive to good taste and only on prior notification to an Association representative. Such bulletin board space shall be at least 12 feet in area and shall remain in plain view at all times and shall be that portion nearest the door.
Section 3 - Personnel Files: A separate personnel file will be maintained in the personnel office of the City. These files will be made available only to authorized personnel with the Personnel Officer. An employee will be shown his/her personnel folder upon written request. In addition to the employee's personal and vital statistical data, resume, and/or application the file will contain a copy of the supervisor's evaluation, copies of letters of commendation or complaint, grievance filing results, reports of disciplinary action or reprimand, reports of training, achievement awards for special recognition, etc.
2 Section 4 - Meetings: The City or the Association may call for a meeting at a reasonable time, date and place regarding any matter of concern in the interest of maintaining good employer-employee relations.
Section 5 - Discrimination: The City and the Association agree not to discriminate against any employee because of his/her activity, membership, or lack thereof in the Association. The City and the Association agree that there shall be no discrimination against any employe on the basis of race, color, religion, national origin, sex, age, sexual orientation, or disability.
Section 6 - Safety Equipment: The City agrees to provide any and all safety equipment to sworn bargaining unit members including, but not limited to; equipment bags, riot helmet with face shield, baton, raincoats, gas masks, guns, ammunition, handcuffs and flashlights, and Sam Browne belt; and for motorcycle jacket and leather gloves, DOT safety helmet, suitable eye protective glasses, and two pair of riding breeches a year.
ARTICLE 4 - WORK SCHEDULES
Section 1 - Work Schedule: All members shall work a 3/12 work schedule. The Chief of Police will be in charge of reviewing and approving all work schedules.
Section 2 - Rest Period: A 15-minute rest period is permitted in the morning and in the afternoon. When there is a need to maintain continuous service or to answer telephones, employees will develop a coordinated schedule to provide the necessary service without interruption.
ARTICLE 5 - COMPENSATION AND OVERTIME PAY
Section 1 - MOU Overtime: All bargaining unit members receive MOU overtime after working their regularly-scheduled workday (i.e.: 8, 10, or 12 schedule). Any work on a scheduled day off is also MOU overtime. Paid leave will count as hours worked for purposes of calculating overtime.
Section 2 - Compensatory Time Off: All bargaining unit members will be given the choice of either receiving overtime pay or receiving compensatory time off (CTO), in lieu of cash overtime, at a rate of 1.5 hours for each hour worked. Once a unit member accrues 240 hours of CTO, the City shall pay overtime compensation in cash. Time off will be scheduled with sufficient notice and then only with approval of the appropriate department head.
Section 3 - Call - back Pay: Sworn bargaining unit members who have been released from duty and have left the work premises shall, if he/she is called back to duty (in other words, the officer physically returns to the work premises), be paid a minimum of 2 hours.
If the actual time traveling to and working a callback to duty exceeds 2 hours by one minute or more, the employee receives pay for actual time. Call-back pay is paid at 1.5 time. Travel time shall be compensated accordingly only if travel time is within County of Imperial.
Non-sworn bargaining unit members who have been released from duty and have left the work premises shall, if he/she is called back to duty, be paid a minimum of 2 hours. If the actual time traveling to and working a callback to duty exceeds 2 hours the employee is entitled to receive 4 hours pay. If the actual time traveling to and working a call-back to duty exceeds 4 hours, the employee is entitled to 6 hours pay. Call-back pay is paid at
1.5 times. Travel time shall be compensated accordingly only if travel time is within County of Imperial. The employee shall be released from duty when he/she completes the given assignment.
Section 4 - Working Out of Classification: A sworn bargaining unit member who is on special assignment and is assigned, in writing, duties of a lower job classification on a temporary basis will be paid at his or her normal rate of pay. A bargaining unit member who is assigned duties of a higher job classification or who is placed in an acting status shall be paid at the rate of the higher classification or rank. The higher rate of pay shall be defined as one (1) step increase in pay or the 1st step of the higher classification, whichever is higher.
Non-sworn bargaining unit members shall be compensated an additional $25 per day for each day he/she is assigned to work out of class, beginning following the fifteenth day in such assignment.
Section 5 - Night Differential: The City agrees to pay sworn patrol officers the following night differential pay: 7% per month for officers working from 7:00 p.m. through 7:00 a.m.; and 3% per month for officers working from 7:00 a.m. through 7:00 p.m.
Non-sworn bargaining unit members that work between 6:00 p.m. and 7:00 a.m., are entitled to a 7% per hour differential pay for every non-overtime hour worked between these hours. Differential Pay is not available if the employee is being paid an overtime rate for the hours in question. The 7% will be calculated on the employee's current hourly rate.
Section 6 - Court Time: A sworn bargaining unit member who is required to appear in court on off-duty time will receive pay at a 1.5 rate for actual hours worked for minimum of 2 hours. If the bargaining unit member is relieved within 15 minutes, he/she shall be required to work for 2 hours.
Section 7 - Uniforms: The City shall provide sworn bargaining unit members a uniform allowance of $1,500 at the beginning of each fiscal year. The City shall issue uniform allowance payments to the individual sworn law officers in lieu of any type of vouchers.
Any employee on an extended leave of 30 days or more will be issued their uniform allowance payment with the first full pay period following the employee's return to work. 4 Section 8 - Longevity Pay: Each sworn bargaining unit member receives longevity pay of $20.00 per month for each 5 years of continuous City service. This benefit is not available to employees hired on or after January 1, 2003. All employees first employed prior to that date shall be entitled to receive longevity pay until their employment with the City of Calexico is terminated.
Non-sworn bargaining unit members hired before January 1, 2002, are entitled to longevity pay according to the following schedule: $20.00 per month for 5 years of continuous service; an additional $30.00 per month for 10 years of continuous service; an additional $40.00 per month 15 years of continuous service; an additional $50.00 per month for 20 years of continuous service; an additional $60.00 per month for 25 years of continuous service.
Section 9 - Merit Increases: All bargaining unit member shall be hired at Step 1 of the salary schedule and move to a higher step based upon merit in the following manner:
FROM TO POLICE OFFICERS SERGEANTS DISPATCHERS
Step 1 Step 2 6 Months 1 Year 9 months
Step 2 Step 3 6 Months 1 Year 1 Year
Step 3 Step 4 1 Year 1 Year 1 Year
Step 4 Step 5 1 Year 1 Year 1 Year
Step 5 Step 6 1 Year
Step 6 Step 7 1 Year
Step 7 Step 8 1 Year (SR. P.O:'s) Automat.@6thYr.
Effective July 1, 2023, any sworn bargaining unit members hired after July 1, 2017, will be advanced two pay steps from their current base salary step. This will be based on years of service only and not on any current performance rating or merit. However, any sworn member hired after July 1, 2023, will start at Step 1 of the Salary Schedule and will not advance two pay steps.
NEW POA PROPOSA
All sworn police officers completing six consecutive years of service shall automatically be advanced to Step 8 and designated as a Senior Police Officer.
All salary advancements shall not be automatic, but shall be based on merit and fitness, except that failure of the City to issue a timely merit evaluation on a form, prior to the anniversary date, mutually agreed too between the City and the Association shall be treated as a "Standard" evaluation and shall cause the employee to be awarded the appropriate step increase. Employment at higher than minimum or advancement at a rate faster than above stated may be allowed through Step 3, upon written request of the Chief of Police stating reasons therefore with the additional approval of the City Manager.
Section 10 - Professional Development Program:
For sworn bargaining unit members who were hired prior to January 1, 2006, not on initial hire probation, shall be paid for all college degrees earned from an accredited institution 5 of higher education and POST certificates earned from an accredited institution, pursuant to the following non-cumulative education incentive pay (an employee transferring from another City department shall be considered an initial hire for the purposes of this section):
A. A salary increase of 5% upon completion of an AA or AS degree with a grade of "C" or better or an Intermediate Post Certificate (but no sworn unit member will receive more than one salary increase under this provision); B. A salary increase of 10% upon completion of a BA or BS degree or an Advanced Post Certificate (but no sworn unit member will receive more than one salary increase under this provision).
This provision will apply only to sworn unit members hired prior to January 1, 2006.
However, any sworn unit member receiving a stipend for college units (either 2.5, 5 or 7.5 percent), under an MOU effective prior to October 1, 2002, will continue to receive that stipend during his/her employment in the bargaining unit, until he/she qualifies for a higher stipend under this provision. A sworn unit member receiving 5% stipend for units under a former MOU will, upon qualifying for an AA or AS degree stipend, receive only one such stipend, as all stipends are non-cumulative, and based upon base salary.
Sworn unit members shall be eligible to receive educational incentive pay upon hire without regard to probationary status effective July 1, 2023. Members hired on or after July 1, 2022 are also eligible for educational incentive pay and will receive retroactive pay to July 1, 2023. Members hired after the ratification of this MOU will not receive retroactive pay to July 1, 2023.
Non-sworn bargaining unit members who were hired prior to January 1, 2006, the member not on initial hire probation shall be paid for all college degrees earned from an accredited institution of higher education, pursuant to the following non-cumulative education incentive pay (an employee transferring from another City department shall be considered an initial hire for the purposes of this section).
Tuition reimbursement will be available to non-sworn bargaining unit members hired prior to January 1, 2006, providing that the tuition reimbursement procedure is followed in accordance with the policy, and the department can sustain the expense.
A. A salary adjustment of 5% upon completion of an AA or AS degree with a grade of "C" or better (but no non-sworn unit member will receive more than one salary increase under this provision).
B. If the non-sworn unit member previously received a salary increase of 5% upon completion of an AA or AS degree, the non-sworn unit member shall receive a salary adjustment of 5% upon completion of a BA or BS degree (but no unit member will receive more than one salary increase under this provision). If the 6 unit member did not previously receive a salary increase upon completion of an AA or AS degree, the unit member shall receive a salary increase of 10% upon completion of a BA or BS degree (but no unit member will receive more than one salary increase under this provision).
C. No non-sworn unit member shall receive more than a total salary adjustment of ten percent (10%) under this section during the member's employment with the City. This provision will apply only to unit members hired prior to January 1, 2006.
D. Under this Professional Development Program, eligibility for the above-described salary adjustment is subject to the following conditions: (1) The non-sworn employees interested in career advancement shall submit a request describing the educational opportunities to their department heads for review and consideration.
The request must be job related and specific to the employee's position and department. (2) If the Police Chief finds that the educational opportunity or degree obtained is specific to the employee's position with the City, then the department head will grant the applicable salary adjustments.
Section 11 - Bilingual Dispatcher Pay: Those dispatchers and dispatch supervisors who are bilingual receive an additional 3%. Dispatchers and dispatch supervisors who receive bilingual dispatcher pay pursuant to this section are not entitled to any other bilingual pay differential. The dispatch supervisor shall be paid bilingual pay retroactive to July 1, 2022.
Section 12 - F.T.O. Assignments: The City agrees to pay $50 per pay period to sworn bargaining unit members below the rank of sergeant who complete Field Training Officer School.
Section 13 - C.T.O. Assignments: The City agrees to pay $50 per pay period to qualified non-sworn bargaining unit members certified and trained according to department protocols for the designation of Communication Training Officers.
Section 14 - Special Assignment: Sworn officers assigned to specialized assignments for more than 30 days shall receive 5% incentive increase above base salary.
Assignments shall be rotational. Specialized assignments shall include the following:
A. Detective
B. Traffic Officers
C. School Resource Officer
D. K-9
Detective Sergeant
F. Traffic Sergeant
G. Task Force Officer
7 Section 15 - Automobile Allowance: All bargaining unit members shall comply and be subject to the City's Travel and Vehicle Policy.
Section 16 - Per Diem: All bargaining unit members will be reimbursed for reasonable expenses in compliance with adopted City policies.
Section 17 - Cost of Living Increases: Effective July 1, 2023, there will be a cost of living adjustment (COLA) as follows:
A. Sworn Members:
1. Effective July 1, 2023, members hired before July 1, 2017 will receive a 3% COLA increase.
B. Non-Sworn Members:
1. Effective July 1, 2023, members will receive a 10% COLA increase.
Section 18 - K-9 Pay - Any bargaining unit member who is assigned as a K-9 officer shall receive care and maintenance time of 2.5 hours per week.
Section 19 - Temporary Retention Stipend - The City agreed to pay a $350 temporary monthly retention stipend for the months of February, March, April, May, and June 2023 to non-sworn Public Safety Dispatchers and Dispatch Supervisor hired prior to January 1, 2022.
Section 20 - Bilingual Dispatcher Pay - Dispatchers and Dispatch Supervisors who are bilingual receive an additional 3%. Dispatchers who receive bilingual dispatcher pay pursuant to this section are not entitled to any other bilingual pay differential.
ARTICLE 6 - RESIGNATION AND DISCIPLINE
Section 1 - Resignation: A non-sworn member may voluntarily separate from employment with the City. A month's notice of intended separation is desired so that management may have sufficient time to obtain a necessary replacement, and a minimum of 2 full weeks is strongly recommended.
Section 2 - Just Cause: Discipline shall be imposed on permanent non-sworn employees only in accordance with the terms of this Article and Section and for just cause, consistent with and subject to applicable law.
A. Non-Sworn probationary employees may be dismissed at any time during the probationary period and without just cause and such action shall not be subject to this or the grievance procedure or any other appeal process so long as the dismissal notice indicates only that the dismissal is a "probationary release." 8 B. Progressive discipline shall be used regarding matters such as: unsatisfactory job performance; infraction of procedures, tardiness, abuse of leave time, or excessive absences. Progressive discipline shall consist of the following 4 steps: 1) verbal, 2) written warning, 3) suspension not to exceed 5 days, and 4) suspension of more than 5 days and/or dismissal.
A supervisor's report shall contain a description of the events requiring the disciplinary action, and a remedial plan outlining steps for the employee to correct the situation. Such reports shall be placed in the employee's personnel file for each step taken.
Section 3 - Disciplinary Action: The Chief of Police may discipline sworn bargaining unit members, in accordance with current Department Policy, for just and valid cause.
However, due and careful consideration will be given to all facts surrounding the reason for discipline before the final action is taken. A permanent, non-probationary sworn bargaining unit member shall receive written pre-disciplinary notice of the facts and charges in any proposed disciplinary action that involves a loss of pay.
Section 4 - Appeal of Disciplinary Action: All permanent, non-probationary, bargaining unit members have the right to appeal discipline that involves a loss of pay or a transfer for purposes of punishment to the Personnel Commission pursuant to Municipal Code Chapter 2.20. A final, written notice of discipline will inform or remind the bargaining unit member of this right.
Section 5 - Exit Interview: The Chief of Police, or his/her designee, will schedule an exit interview, with adequate lead-time, with any bargaining unit member who is separating from City service. Any bargaining unit member leaving City employment under any circumstances must clear his or her records through out-processing with the Finance Officer. Bargaining unit member shall submit all equipment issued by the Police Department and/or City of Calexico before the final paycheck will be issued.
ARTICLE 7 - GRIEVANCE
Section 1 - Purposes: To provide the means for employees, recognized employee organizations, and management to resolve grievances in an orderly manner within a reasonable time period. To administer employer-employee relations through uniform and orderly methods or communication between employees and management.
Section 2 - Policy:
A. Any bargaining unit member has the right to file a grievance without fear, intimidation, or coercion from any party;
B. Any bargaining unit member may represent him/herself or select whomever he/she wishes to represent him/her at any or all steps in the grievance procedure;
C. Grievances may be initiated by the employee, or the association on the employee's behalf or on behalf of the Association;
D. The bargaining unit member's or Association's first contact regarding job and working conditions are with the immediate supervisor and the supervisor shall attempt to settle grievances informally at that level; E. The immediate supervisor is responsible for informing employees about job requirements, personnel policies, and the work unit's relationship to the division, department, and the City as a whole;
F. A grievant may attend a grievance meeting with a supervisor on his/her own behalf without loss of pay. One representative, who the grievant selects, may represent him/her at such grievance meeting without loss of pay.
Section 3 - Definition: A grievance is a claim, charge or dispute involving the following:
A. The interpretation or application of any City rules, regulations, ordinances, resolution affecting and employee's wages, hours or conditions of work; or
B. The interpretation or application of the provisions of this MOU.
C. Notwithstanding any of the above, a grievance does not include any challenge to a disciplinary action.
Section 4 - Informal Grievance Procedure: The informal complaint procedure must be used before the formal grievance procedure. The grievant shall discuss his/her complaint with his/her immediate supervisor no later than 10 days after the occurrence of the incident causing the grievance.
A. Sworn Members - If the immediate supervisor fails to reply within five (5) working days, or the grievant determines he/she is not satisfied with any decision within ten (10) days after receiving it, the grievant may utilize the formal grievance procedure.
B. Non-Sworn Members - If the immediate supervisor fails to reply within five (5) working days, or the grievant determines he/she is not satisfied with any decision within five (5) days after receiving it, the grievant may utilize the formal grievance procedure.
10 Section 5 - Formal Grievance Procedure:
A. The formal grievance procedure for all sworn bargaining unit members shall be initiated not later than ten (10) business days after the discussion with the immediate supervisor in the informal procedure.
B. The formal grievance procedure for all non-sworn bargaining unit members shall be initiated no later than thirty (30) days after the discussion with the immediate supervisor in the informal procedure.
C. The formal grievance shall be initiated by the filing of a written grievance, within the time period set forth above, on a form provided for this purpose. The form shall contain:
1. Name of Grievant
2. Class Title
3. Department
4. Grievant's mailing address
5. A clear statement of the nature of the grievance citing applicable ordinance, rules, regulations or action
6. The date upon which such grievance occurred
7. The action taken as a result of the informal complaint procedure
8. A proposed solution to the grievance
9. Date of execution of the grievance form
10. Signature of grievant
11. The name of the organization or individual, if any, representing the grievant, followed by the signature of said organization or individual.
D. The following steps are to be used to resolve the formal grievance:
Step 1. The written grievance shall be filed and presented to the second level supervisor, who shall investigate the grievance and shall confer with the grievant, his/her representative, and any other employee or employees in an attempt to resolve the grievance. Within ten (10) working days after the written grievance is first submitted to second-level supervisor, said second- level supervisor shall make and file a decision in writing with the grievant, his representative, and the Human Resources Department.
Step 2. Sworn Members: If the issue is not solved in Step 1, said written grievance shall be filed, in writing, with the Chief of Police, and grievant, his/her representative, and any other employee or employees involved, in an attempt to resolve the grievance. Such request shall be submitted within not more than 5 business days from the receipt of the supervisor's response. A copy of such request shall be sent to the Human Resources Department. 11 Within 10 business days after the written grievance is first submitted to the Chief of Police, the Chief of Police shall make and file a decision in writing with the grievant, his/her representative, and the Human Resources Department.
Non-Sworn Members: if the issue is not resolved in Step 1, said written grievance shall be filed, with the department head, within not more than ten (10) working days from the receipt of the supervisor's response. A copy of such request shall be delivered to the Human Resources Department.
Within ten (10) business days after the written grievance is first submitted to the department head, the department head shall make and file a decision in writing with the grievant, his/her representative, and the Human Resources Department.
Step 3. Sworn Members: If the Chief of Police does not resolve the grievance to the satisfaction of the grievant, the grievant may, within not more than five (5) business days from receipt of the department head's decision, request in writing that the City Manager or his/her designee consider the grievance.
A copy of the request filed by the grievant shall be submitted to the Human Resources Department.
(a) Within 10 business days after such request, the City Manager or designee shall investigate the grievance, confer with the persons affected and the grievant's representative, and the Human Resources Department.
(b) The City Manager or designee's decision shall be final and shall not be appealed.
Non- Sworn Members: If the Chief of Police does not resolve the grievance to the satisfaction of the grievant, the grievant may, within not more than ten (10) business days from receipt of the department's decision, request in writing that the City Manager or his/her designee consider the grievance. A copy of the request filed by the grievant shall be submitted to the Human Resources Department.
(a) Within 10 business days after such request, the City Manager or designee shall investigate the grievance, confer with the persons affected and the grievant's representative and seek through a meeting of the parties to resolve the matter by agreement between the parties.
Section 6 - Time Limits:
A. The time limits of each step may be extended by mutual consent of the parties. The duration of the extension shall be in writing and signed by both parties involved at the step to be extended.
12 B. If any grievance is not appealed within the stated time limits, or extensions of any of the above steps, the grievance shall be considered conclusively settled on the basis at the last disposition by appropriate authority. No further City appeal or review is available.
C. If a supervisor or other appropriate authority fails to furnish a response within the required time limits, or extensions, of any of the above steps, the employee or Association may proceed with the grievance at the next appropriate step.
ARTICLE 8 - HOLIDAYS
Section 1 - Authorized Holidays: Authorized holidays are as follows and, except where the best interests of the City so require, municipal offices shall be closed on such days:
New Year's Day Floating Holiday (2)
Martin Luther King Day Washington's Birthday
Cesar Chavez Day Memorial Day
Juneteenth Independence Day
Admission's Day Labor Day
Veteran's Day Thanksgiving Day
Friday after Thanksgiving Christmas Day
Section 2 - Additional Holidays: Any day declared by the President or Congress of the United States, or the Governor or Legislature of this State as a public fast, thanksgiving or holiday shall be considered a paid holiday and subject to the provisions of this MOU.
Section 3 - Weekend Holidays: When a holiday herein falls on a Sunday, the following Monday shall be deemed to be the holiday. When a holiday herein falls on a Saturday, the preceding workday shall be deemed to be the holiday.
Section 4 - Holiday Pay: Bargaining unit members who are not scheduled to work on a holiday listed above will receive 8 hours of straight time pay. Every bargaining unit member who is scheduled to work on a holiday listed above will receive 1.5 times his/her regular pay.
ARTICLE 9 - SICK LEAVE
Section 1 - Sick Leave Regulations:
A. Sworn bargaining unit members who have been continuously employed by the City for 180 days, except temporary, seasonal or part-time employees, shall receive 8 hours of sick leave with pay for each full month of employment or major portion thereof.
13 Non-sworn full time bargaining unit members who will be employed in a regular position for at least thirty (30) days per AB1522, except temporary, seasonal, or part-time employees, shall receive 8 hours of sick leave with pay for each full month of employment or major portion thereof. Said regular employees may use their accrued sick leave as early as the 90t day of employment.
B. Sick leave credit may be accumulated without limitation.
C. All bargaining unit member may use: 1) sick leave for his or her own illness or injury: 2) 48 hours of sick leave per year to attend to the illness of the employee's child, spouse or parent;
a. Sworn bargaining unit members only may use up to 50 hours of sick leave in the event of death of any relative of the first degree by blood or marriage.
If the sworn bargaining unit member's immediate family has a traumatic injury, or illness, the employee shall use accumulated sick leave first, and once sick leave is exhausted, CTO or vacation may be used. The use of sick leave within the limits established here shall not be used as part of the merit or yearly evaluation.
D. If sick leave for illness or injury exceeds 3 consecutive working days, the employee, prior to returning to work, shall submit a statement from a physician, surgeon or other person practicing a recognized healing art that has been certified by the State of California. The statement shall certify that the employee's physical or mental condition prevented him/her from performing the duties of his/her position during the period of absence. The physician statement requirement described here also applies to a bargaining unit member who takes sick leave for more than three consecutive days to attend to the illness of the member's child, spouse or parent.
E. The Chief of Police shall approve the use of all sick leave.
F. Bargaining unit members employed on a permanent part-time basis shall receive sick leave benefits at one half the regular rate.
G. If an employee sustains an illness or injury in the course of City employment, he/she shall receive full pay for the waiting period following such disability as defined by state law. Such compensation shall not be deducted from the employee's sick leave credit.
H. The City established a "Catastrophic Sick Leave" Policy on a citywide basis in which members are able to submit a request for donated leave per policy guidelines. If a bargaining unit member has a traumatic injury or illness that is not work-related and has exhausted all sick and vacation leave and CTO, employees 14 may donate sick leave, vacation, or comp time to the bargaining unit member in need. A bargaining unit member may use a maximum of 40 donated hours in a 12- month period for this purpose.
Section 2 - Sick Leave - Cash Compensation for OJI Disability: When a non-sworn employee incurs an on-the-job disability, he/she may request and receive cash compensation in lieu of sick leave to make up the difference between the employee's net salary and the amount he/she receives in state workers' compensation insurance benefits while disabled.
Section 3 - Sick Leave Cash Compensation upon Separation from Employment:
Upon separation from City employment, cash compensation shall be paid for accumulated sick leave as follows:
A. Every bargaining unit member who has 20 to 39 days of accumulated sick leave shall receive ½ of his/her regular monthly pay.
B. Every bargaining unit member who has 40 or more days of accumulated sick leave shall receive one-month full pay.
Section 4 - Additional Sick Leave: After exhaustion of paid sick leave, all employees who are ill or injured may, upon written request, use accumulated vacation or other credited paid leaves to avoid leave without pay. If, during the period covered by Additional Sick Leave or Medical Leave, an employee is physically able to return to work full duty, he/she shall be immediately returned to the position and classification held prior to the leave, without loss of benefits or seniority, within the guidelines of the City's Leave Policy and Family Medical Leave Act (FMLA).
Section 5 - Light Duty: A bargaining unit member requesting temporary light duty must provide the Chief of Police a written statement from a physician stating the work limitations and the length of time the work limitations are to be in effect. The Chief of Police will assess each request in light of the limitations at issue pursuant to the City's Return to Work Policy, and confer with the Human Resources Director, to review the needs of the department, and state and federal laws.
Section 6- Sick Leave Buy-Back Option: Every bargaining unit member who has 200 or more hours of accumulated sick leave shall be eligible once per fiscal year to sell up to 48 hours of sick leave at the employee's current hourly pay rate.
ARTICLE 10 - VACATION
Section 1 - Accrual: Until capped as described in this Article, vacation shall accrue at the following annual rate for all full-time bargaining unit members:
15 Length of Continuous Employment Accrual
6 months 8 hours
1 year to 4 years 96 hours
5 years to 9 years 128 hours
10 years to 14 years 144 hours
15 years or more 176 hours
Section 2 - Scheduling: The Chief of Police schedules and approves vacation leave.
Section 3 - Accumulation: Effective July 1, 2000, and forward, a sworn bargaining unit member ceases earning vacation once he/she accumulates the total number of hours that can be earned in his or her prior three (3) years of service. A non-sworn bargaining unit member ceases earning vacation once he or she accumulates the total number of hours that can be earned in his or her prior two (2) years of service. The total number of hours that can be earned by any member is based on each member's length of continuous employment with the City.
Section 4 - Separation from City: Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken.
ARTICLE 11 - OTHER LEAVES
Section 1 - Unpaid Leave of Absence: A bargaining unit member may be allowed a leave of absence without pay upon the recommendation of the Police Chief and the approval of the City Manager for a period not to exceed 90 days. While on unpaid leave, a bargaining unit member does not earn vacation, holiday, sick leave, or other benefits or continuous service.
Section 2 - Military Leave: Military leave shall be granted in accordance with the provisions of state law. Every employee entitled to receive the benefits of military leave shall notify the Police Chief of the need to leave 30 to 60 days prior to the start of the non- emergency military duty assignment.
Section 3 - Non-Sworn Bereavement Leave: Whenever a non-sworn employee is absent from work because of death in the immediate family, he/she shall be entitled to 3 paid working days, and up to 5 total working days for out of County travel, with the additional days) taken from accrued time.
A. The immediate family includes any of the following: Father; Father-in-law; Mother; Mother-in-law; Sister; Sister-in-law; Brother; Brother-in-law; Wife; Husband; Registered Domestic Partner; Son; (includes step-son); Daughter (includes step- daughter); Grandfather; Grandmother; Son-in-Law; Daughter-in-Law; Grandchildren; Uncle; Aunt; Niece; Nephew; Cousin.
16 B. The granting of this leave shall not affect the employees' vacation.
C. All bereavement leave must be reported on payroll time sheets, with an indication of the relationship of the deceased family member.
Section 4 - Jury Duty: City employees are not excused from jury duty. Leave for jury duty will be granted with pay.
Section 5 - Union Release Time: On January 1, of each year, the City agrees to deduct from each Association member's vacation or compensatory time bank six (6) hours, which are then to be contributed to an Association Release Time bank. The City shall create and manage this bank and allow the Association, with reasonable notice, paid time off to conduct union business, matters, and training. The City agrees that the Association is vested in the bank time contributed. The City agrees that it shall prior to January 1, provide the Association member notice of this provision and the option to decide whether the banked time should be removed from the member's vacation bank or comp time bank.
Members who do not respond shall have the bank time removed from either bank at the City's option. Banked time used by each member will be paid at their current hourly rate.
ARTICLE 12 - HEALTH BENEFITS
Section 1 - Life Insurance: The City shall provide $50, 000 in life insurance coverage and $50, 000 for accidental death and dismemberment for each bargaining unit member.
The City will also provide life insurance in the amount of $2,500 for each of each bargaining unit member's dependents.
Section 2 - Group Medical/Dental/Vision Insurance:
A. Non-Sworn Members: Members will be responsible for 20% of any health insurance benefit premium and the City shall contribute 80% of the health insurance benefit premium for the employee and eligible dependents under the employee's current health benefit package as of July 1, 2023. Effective July 1, 2017, 100% of the medical premium increases shall be paid by the City.
B. Sworn Members: Effective July 1, 2018, all Members will be responsible for 20% of any health insurance benefit premium and the City shall contribute 80% of the health insurance benefit premium for the employee and eligible dependents under the employee's existing health benefit package as of July 1, 2023, and 100% of the medical premium increases shall be paid by the employee.
The City and the Union agree that the City's Health Plan will no longer cover lifestyle (not medically necessary) prescription drugs.
17 The Permanent Part Time Employee Medical Plan is a capitated medical plan made available to permanent part-time employees limited to medical services provided in Mexicali, B.C., Mexico, Mexico by Almater Hospital and containing a maximum yearly benefit amount of $15,000.00. The premium of $75 per month for this medical plan will be paid ½ by the permanent part-time employee and ½ by the City.
Section 3 - Waived Health Insurance Benefit: The City provides a health allowance for those employees who opt out of the health insurance coverage for the following reasons:
1) employee's spouse has a more attractive benefit package through the spouse's employer; and/or 2) employee is married to another City employee. The monthly health allowance is $385.10 for family (Employee+1) and $182.24 for single (Employee Only).
Employees may use the health allowance to enhance their dental program or to purchase additional supplemental coverage through contracted medical providers with the City.
Employees will have an opportunity to change their coverage only during open enrollment.
Section 4 - Disability Insurance: Effective July 1, 2006, the City made State Disability Insurance ("SDI"), a partial wage-replacement insurance plan, available to non-sworn city employees. SDI is funded through employee payroll deductions. SDI provides benefits to non-sworn city employees who suffer a loss of wages when they are unable to work due to a NON-WORK-RELATED illness or injury, or a medically disabling condition from pregnancy or childbirth.
Section 5 - Employee Cafeteria Plan: The City will offer a flexible benefit plan also known as a "cafeteria" plan available to employees based on the concept of employee choice. Under this plan, employees have the opportunity to individually select the types of benefits and the level of coverage desired from a menu of options offered by the City during the annual open enrollment period.
The City's cafeteria plan will offer pre-tax and after-tax options and is not subject to ERI1SA.
The only permitted choices of benefits for employees authorized under the Employees Cafeteria Plan are benefits from those providers which have a contractual relationship with the City.
Open Enrollment Period: The City will allow an annual open enrollment period of not less than 30 days for employees prior to the start of the plan year for the next fiscal year, so that employees can choose benefits from the cafeteria plan.
Section 5 - Retiree Health Plan:
A. The Retiree Health Plan Policy adopted by the City Council on May 18, 1993, outlines the criteria for the retiree health for those hired on or after May 18, 1993.
18 B. Post-1993 Retiree Health Coverage: Any employee hired on or after May 18, 1993, shall pay a medical contribution which is calculated by a formula using the current cost of the City's health plan and current years of City service upon the date of retirement from City service. Medical coverage will cap at age 65.
C. Pre-1993 Retiree Health Coverage; For those employees who were hired before May 18, 1993, and who elect to continue coverage with the City's health plan upon their retirement from City service, they shall be entitled to lifetime medical coverage. Cost of the coverage shall be $120.00 a month. At age 65, the City's health plan shall become secondary, and Medicare shall be primary, and all claims shall be adjudicated accordingly. Any eligible employee, hired before May 18, 1993, who retires from City service after July 1, 2008, shall have the option of either selecting Pre-1993 Retiree Health Coverage, as described herein, or, in the alternative, if the employee chooses, the employe may elect the Post-1993 Retiree Health Coverage.
D. Non-Sworn employees who are hired after July 1, 2008, shall not be entitled to medical insurance coverage when they retire from City service.
E. Any employee who separates from City service shall be provided with COBRA notification by the City's Third-Party Administrator. The City's Third-Party Administrator shall handle the processing and collecting of retiree health contributions.
F. Any retiree who is three (3) months delinquent from paying retiree health contributions shall be removed from the retiree medical coverage. Any retiree removed from the health plan for non-payment shall not be allowed to re-enroll in the health program. Any retiree who is removed from the health plan for non-payment shall be provided with COBRA notification by the City's third-party administrator.
ARTICLE 13 - RETIREMENT
Section 1 - Retirement: The City shall continue its contract with the California Public Employee Retirement System (CalPERS). The City shall continue to pay its portion of the cost except as provided for in this section.
A. Sworn Members:
PEPRA Members retirement formula is 2.7% at 57 with Members paying an Employee contribution of 13%. CLASSIC Members retirement formula is 2.0% @ 50 formula with 19 Members paying an Employee contribution of 13.75%. City pays 100% of Employer share.
B. Non-Sworn Members:
All unit members other than "new members" as defined by California Government Code section 7522.04(f) shall individually pay the full member contribution required by CaPERS. Unit members who are "new members" as defined by California Government Code section 7522.04(f), shall be required to pay a PERS contribution in an amount equal to 100% of the normal cost rate, up to a maximum of 7.75%, for the Defined Benefit Plan provided for by PEPRA, in which the new member is enrolled, rounded to the nearest quarter of 1% or the current contribution rate of similarly situated employees, whichever is greater, pursuant to the Government Code section 7522.32(a).
All non-sworn employees shall be responsible for payment of the employee's full share of the Federal Insurance Contribution Act (FICA) tax, which includes Social Security and Medicare, at the contribution limits established by federal law.
ARTICLE 14 - DUES
Section 1 - Payroll Deduction: The City agrees to deduct Association dues each pay period during the term of this MOU from the pay of those Association members who individually request in writing that such deductions be made. The City shall remit the money deducted each pay period to the Treasurer of the Association.
ARTICLE 15 - PROBATION AND TRAINING
Section 1 - Probationary Period: Probationary periods permit both the supervisor and the employee to become acquainted and to determine the adaptability and fitness of the employee to the assigned work.
A. All sworn members upon initial hire shall be subject to an eighteen (18 month) probationary period. The probationary periods for all promotions to sergeant will be one year.
B. All non-sworn members upon initial hire shall be subject to a nine (9) month probationary period. Probationary periods for all promotions to dispatch supervisor will be one year.
C. The Probationary period may be extended for a period no longer than one year for sworn members and six months for non-sworn members upon the recommendation of the Chief of Police.
20 D. Employees transferring from one department to another will be subject to the probationary period stated in paragraph C above.
E. All probation periods will be inventoried every 30 days for the first 90 days, at the end of six months, and annually thereafter.
F. An evaluation assessment will be completed on an as needed basis to try and assist a probationary employee who is not performing to the expected standard.
A probationary employee may be terminated after the second inventory assessment if he/she continues to fail to perform at the expected standard.
Section 2 - Training: The Chief of Police shall assume responsibility for developing training programs. Such training programs shall include lecture courses, demonstrations, assignments of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. An accredited training academy may also be used from time to time for present and newly hired employees, at the discretion of the Chief of Police.
Section 3 - Job Classification Requirement - 2006: Effective January 1, 2006, any police sergeant hired on or after such date shall be subject to the following minimum job qualifications:
Associates Degree from an accredited college or university in criminal justice or related field and four years of law enforcement experience in a POST certified agency. Possession of a valid POST Intermediate Certificate shall be required ARTICLE 16 - SAVINGS, ZIPPER, DURATION
Section 1 - Savings Clause: If any provision of this MOU or the application of such provision should be rendered invalid by existing or subsequently enacted legislation, the remaining portion shall remain in full force and effect, and the City and the Association shall meet and confer to address any impact the legislation has on the terms and conditions of employment.
Section 2 - Zipper Clause: This MOU sets forth the full and entire understanding of the parties regarding matters set forth herein, and any and all prior or existing MOUS understandings, or agreements that conflict with the matters set forth herein, whether formal or informal, are hereby superseded and terminated in their entirety. Existing policies, rules, ordinances, and resolutions that do not conflict with the matters set forth herein remain in effect. Each party agrees that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or addressed in this MOU during the term of this MOU. It is the intent of the parties that this MOU be administered and observed in good faith.
21 Section 3 - Term of MOU: The term of this MOU shall be July 1, 2023, through June 30, 2024. No economic provisions approved by the City Council on the date this MOU is adopted by City Council Resolution shall apply retroactively, except where specifically stated herein.
CALEXICO POLICE OFFICERS' ASSOCIATION
President Date
Vice President Date
CITY OF CALEXICO
City Manager Date
Mayor Date
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