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30 RESOLUTION NO. 2022-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CULVER CITY, CALIFORNIA, APPROVING AND
ADOPTING A MASTER MEMORANDUM OF
UNDERSTANDING WITH THE CULVER CITY POLICE
OFFICERS’ ASSOCIATION
WHEREAS, the Culver City Police Officers’ Association employee representatives and City representatives have met and conferred and executed a revised Master Memorandum of Understanding.
NOW, THEREFORE, the City Council of the City of Culver City, DOES HEREBY RESOLVE AS FOLLOWS:
1. The revised Master Memorandum of Understanding, a copy of which is attached hereto and made a part hereof, is hereby approved for the period July 1, 2022 through June 30, 2025.
2. The City Manager and Chief Financial Officer are hereby authorized to adjust the budget and the records of employees necessary to pay the salaries and costs related to the terms of the approved revised Master Memorandum of Understanding.
APPROVED and ADOPTED this 19th day of September 2022.
DR. DANIEL LEE, Mayor
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
JEREMY BOCCHINO, City Clerk HEATHER S. BAKER, City Attorney
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
THE CULVER CITY POLICE OFFICERS ASSOCIATION
JULY 1, 2022 through JUNE 30, 2025
POA MOU 2022-2025 Page 1
TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights ........................................2
ARTICLE TWO Salaries and Compensation ..............................................7
ARTICLE THREE Work Periods, Schedules and Overtime ......................... 20
ARTICLE FOUR Supplemental Benefits .................................................... 27
ARTICLE FIVE Leaves of Absence .......................................................... 41
ARTICLE SIX Working Conditions ......................................................... 59
ARTICLE SEVEN General Provisions .......................................................... 61
PARTIES TO THE AGREEMENT ................................................................... 64
POA MOU 2022-2025 Page 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
THE CULVER CITY POLICE OFFICERS ASSOCIATION
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I. PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, here inafter called the "MOU” is made by and between the City of Culver City, California, hereinafter called the "City", and The Culver City Police Officers Association, representing Police Officers and Police Sergeants, hereinafter called the " Association". This MOU is made pursuant to the California Government Code Section 3500, et seq.
II. RECOGNITION
The City hereby recognizes the Association as the exclusive representative of Police Officers and Sergeants in the Police Safety Service, hereinafter called "Unit Employees".
III. BARGAINING UNIT CHANGES
Any change in the classes which compose the Police Safety Employees Unit shall be in accordance with the provisions of the City's Resolution No. 2008- R009, as amended.
IV. NONDISCRIMINATION
A. POLICY
No emplo yee shall be subject to discrimination which is prohibited by applicable federal, state or local law. In accordance with this policy, the City agrees that no employee shall be interfered with, intimidated, restrained, coerced, employed, promoted, d emoted, discharged or in any way favored or discriminated against because of his or her political opinions or affiliations, race, religious belief, age, sex, sexual orientation,
ARTICLE ONE
POA MOU 2022-2025 Page 3
gender orientation, physical or mental disability, or because of the exercise of his/her rights under this MOU.
B. UNION AGREES NOT TO DISCRIMINATE
In accordance with the above policy, the Association agrees not to discriminate against an employee because of the exercise of his or her rights granted under this MOU or with respect to admission to membership and the rights of membership in the Association for any of the above enumerated reasons.
V. DEDUCTIONS
A. MAINTENANCE OF MEMBERSHIP AND DUES DEDUCTIONS
1. During the term of this MOU and upon compliance with such rules and reg ulations as the City may establish, Association dues and insurance plan fees (uniform in dollar amount for all unit employees) shall be deducted by the City bi -weekly from the salary of each employee who has filed a written authorization with the POA, that such deduction be made.
2. A fee of ten ($.10) cents for the processing of each deduction taken will be assessed by the City and deducted bi -weekly. The aggregate amount of such deductions, less the aggregate amount of the charges assessed, shall be remitted to the Association.
3. A unit employee may cancel a dues deduction at any time by filing a written authorization with the POA that such deduction be discontinued.
4. Changes in the amount to be deducted for dues/insurance plans may only be made twice a year during the first payroll period beginning in January and the first payroll period beginning in July or as required by law.
B. INDEMNIFICATION
The Association agrees to indemnify and hold harmless the City against all claims, including costs of suit and reasonable attorney fees and/or other forms of liability arising from the implementation of the provisions of this Section.
ARTICLE ONE
POA MOU 2022-2025 Page 4
VII. RIGHTS
A. EMPLOYEE RIGHTS
Unit employees of the City shall have the right to form, join, and participate in the act ivities of employee organizations of their own choosing for the purpose of representation on all matters of employer -employee relations including but not limited to wages, hours, and other terms and conditions of employment. Unit employees also shall have the right to refuse to join or participate in the activities of employee organizations. No employee shall be interfered with, intimidated, restrained, coerced, or discriminated against by the City or by any employee organization because of the exercise of these rights.
B. CITY'S RIGHTS
The City reserves the right to make the final determination as to all matters which are necessary to manage, control and administer the City's operations including, but not limited to:
1. Determining the mission o f the C ity's constituent departments, commissions and boards;
2. Setting standards of service;
3. Determining the procedures and standards of selection for employment and promotions, directing employees, and taking disciplinary action;
4. Relieving employees from d uty because of lack of work or other legitimate reasons, maintaining the efficiency of governmental operations;
5. Determining the methods, means and personnel by which governmental operations are to be conducted;
6. Determining content of job classifications;
7. Taking all necessary actions to carry out the City's mission in emergencies;
8. Exercising control and discretion over the City's organization and the technology of performing its work;
9. Regulating the use of all equipment and other property of the City;
ARTICLE ONE
POA MOU 2022-2025 Page 5
10. Establishing, altering or disposing of operations, departments, commissions or boards;
11. Determining the work to be contracted out;
12. Determining the complement of employees needed or assigned to a particular function or work location;
13. Establishing and m odifying employee staffing levels including any impacts resulting from changes to staffing levels;
14. Establishing, changing and/or modifying work schedules for employees as set forth in this MOU; and
15. Performing all other functions not specifically d elegated to employees elsewhere in this MOU; and
C. IMPACT OF MANAGEMENT RIGHTS
1. The City agrees to meet and confer with the POA over the exercise of these City rights which significantly impact terms and conditions of employment.
2. If any provision of Subsection “B” above is found to be inapplicable and/or in conflict with final court decision or decree or state law affecting Culver City, the remainder of this subsection shall continue in effect.
VIII. PAID TIME OFF FOR ASSOCIATION REPRESENTATIVES
A. RELEASE TIME
1. Leave of Absence with pay is authorized for representatives of the Association to attend conferences, meetings, institutes, or similar affairs. Use of Association release time is not necessary for on-duty meet and confer sessions with the City.
2. The total leave granted for the calendar year for the bargaining unit shall not exceed two hundred twenty (220) hours per calendar year.
3. “Police Officer of the Year” selected annually by the Association, may receive up to forty (40) hours of Association Release Time, to
ARTICLE ONE
POA MOU 2022-2025 Page 6 be deducted from the two hundred twenty (220) hours of Association Release Time, in recognition of this award.
4. Such leave is subject to the prior approval of Police Chief or designee, and may be denied if approval requires overtime expenditures for operational coverage.
5. In using this leave for such purpose, the Association agrees that said release time shall not constitute hours worked for computation of overtime in the respective work period.
B. USE OF OTHER LEAVES
1. This sp ecial l eave of absence will not prohibit employees from requesting and being granted Va cation Leave, Leave of Absence without Pay, or the use of Accumulated Compensatory Time off within governing rules and department policies.
2. Arrangements for the in dividual unit employee(s) involved will be made in advance with Police Management , and a "Request for Leave of Absence" form shall be submitted to Police Management.
C. RELEASE TIME CERTIFICATION
An officer of the Association will certify that the Associ ation is authorizing the unit employee to use the release time as set forth in Article One, Section VIII. This certification shall be on or attached to the "Request for Leave of Absence" form.
ARTICLE TWO
POA MOU 2022-2025 Page 7
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
A. SALARY INITIATIVE ORDINANCE
It is the City’s desire to continue the intent of the Police Salary Initiative Ordinance to set Police Officers’ salaries at an amount not less than the average of the base monthly salaries of City of Los Angeles Police Department and Los Angeles County Sheriff Department.
During the term of this MOU, should the City of Los Angeles Police Department or the County of Los Angeles Sheriff Department receive an adjustment in base monthly salary, Culver City Police Officers shall receive one-half of any such increases. For example, if LAPD obtains an increase of two percent, Culver City Police officers would receive a one percent increase.
Only the City Council has the right and the final authority to pay salaries above the av erage of LA City and LA County, unless otherwise required by this MOU, if they so desire.
Section 1. SHORT TITLE. This ordinance shall be known as "The Salary Ordinance for Police Officers and Fire Fighters of the City of Culver City."
Section 2. DEFINITIONS. The words and terms defined in this section shall have the following meanings in this ordinance:
a. Base Monthly Salary - the compensation attached to the positions occupied by employees of the Police Department or the Fire Department, in the job cl assifications listed in this ordinance.
Overtime pay, bonuses, longevity, retirement, assignment pay, or other special pays are excluded.
b. Salary Steps - specific salary levels for the classifications of Police Officer and Fire Fighter. The number of steps and time intervals of their occurrence is determined by the City and County of Los Angeles' salary steps and time intervals for comparable positions.
c. Salary Rate - each hourly salary listed in the Schedule of Salary Ranges adopted by Resolution CS-7714, as amended.”
ARTICLE TWO
POA MOU 2022-2025 Page 8 Section 3. SALARIES
a. The salary steps for the classification of Police Officer in the Police Department of the City of Culver City shall be set at an amount not less than the average of Base Monthly Salaries for comparable steps in classifications in the Police Department of the City of Los Angeles and the Sheriff's Department of the County of Los Angeles.
b. The salary steps for the classification of Fire Fighter in the Fire Department of the City of Culver City shall be set at an a mount not less than the average of Base Monthly Salaries for comparable steps in classifications in the Fire Department of the City of Los Angeles and the Fire Department of the County of Los Angeles.
c. The salary for all other classifications in the Police Department shall be set at an amount not less than the percentages listed below:
Police Classification Salary not less than:
Police Sergeant Top Step Police Officer + 15%
Police Lieutenant Police Sergeant + 19%
Police Captain Police Lieutenant + 15%
Assistant Chief of Police Police Captain + 10%
Chief of Police Police Captain + 20%
d. The salary for all other classifications in the Fire Department shall be set at an amount not less than the percentages listed below:
Fire Classification Salary not less than:
Fire Engineer Top Step Firefighter + 15%
Fire Captain Fire Engineer + 15%
Battalion Chief Fire Captain + 19%
Battalion Chief/Fire Marshal Battalion Chief + 15%
Battalion Chief/Assistant Chief Battalion Chief + 15%
Fire Chief Assistant Chief + 15%
e. Notwithstanding subsections 3a. through 3d., each salary step for Culver City Police Officers and Fire Fighters shall be set at the Salary Rate nearest the amount described in subsections 3a. through 3d.
f. Whenever Base Monthly Salaries for Police Officers or Fire Fighters are approved for adjustment by the elected governing body of the City of Los Angeles or the County of Los Angeles, or both, the City Council of the City of Culver City within thirty days shall adjust salaries of Culver City Police Officers or Fire Fighters, or both, in accordance with this ordinance. Said salary adjustments
ARTICLE TWO
POA MOU 2022-2025 Page 9 shall be effective the first pay period following the effective date in the City of Los Angeles or the County of Los Angeles including any retroactive adjustment of the Base Monthly Salary”.
B. Section 4. APPLICABLE LAWS
a. Conditions of employment, except the setting of salaries as herein above stated, are based upon and pursuant to applicable law.
b. If any section of this Ordinance or part thereof shall b e declared unconstitutional or illegal for any purpose, then the illegal section shall not affect the validity or legality of the remaining portion or portions of this Ordinance.
Police Officers employed by the City of Culver City prior to November 3, 1982, shall progress through the salary steps in accordance with the formula in effect as of August 2, 1982. All other terms of the Initiative Ordinance shall apply to these employees."
C. CLARIFICATION OF PROCESS
It is agreed that these interpr etive provisions shall not be construed by either party to be an effort to negotiate changes to the Salary Initiative Ordinance, but are clarifications of processes authorized or directed by the Ordinance.
II. EQUIVALENT BIWEEKLY, MONTHLY AND ANNUAL RATE
1. Equivalent biweekly pay rate shall be determined by multiplying the hourly rate by eighty (80) hours.
2. Equivalent annual pay rate shall be determined by multiplying the hourly rate by two thousand and eighty (2080) hours.
3. Equivalent monthly pay rate s hall be determined by dividing the annual rate by twelve (12) months.
III. FREQUENCY OF PAYCHECK ISSUANCE
1. Employees shall be paid once every two (2) weeks, either by paycheck or by direct deposit, as elected by the employee.
ARTICLE TWO
POA MOU 2022-2025 Page 10
2. The City will , upon request, mail payroll checks for those employees who expect to be away at the regular disbursing time.
IV. INITIAL PAY RATE DETERMINATION
A. INITIAL PAY RATES FOR POLICE OFFICERS
1. The initial pay rate for entry level Police Officers shall be a minimum of salary Step 1 for the classification of Police Officer.
2. The initial pay rate for Police Officers shall be based upon the knowledge, skills and experience of the Police Officer as approved by Police Management.
B. INITIAL PAY RATE FOR POLICE RECRUIT
1. The initial pay rate for Police Recruit shall be equal to Police Officer Step 1 as set forth in City Council Resolution No. 84 -R068 as amended.
2. Police Recruits:
• Are not represented by any bargaining unit,
• Are non-sworn;
• Shall be a limited-term appointment not to exceed one year; • Do not have Civil Service status; and
• Receive benefits granted to employees by classifications in the General Service Bargaining unit.
3. Upon appointment to Police Officer, Police Recruits shall receive a one-time bonus of two hundred and twenty five dollars ($225).
4. The purpose of referencing Police Recruits in this MOU is to clarify their relationship to the Police Officers Association and identify how their initial pay rate is determined. Their referenc e here does not imply they have any other rights of any unit employees as set forth in this MOU.
V. VOLUNTARY DEFERRED COMPENSATION
1. Unit employees covered herein may voluntarily participate in City - sponsored deferred compensation plans.
ARTICLE TWO
POA MOU 2022-2025 Page 11
2. The Ci ty does not warrant that amounts deposited in the deferred compensation plans are "qualified" for tax deferral and is not to be held liable for such tax payments as may be determined assessable.
VI. ACTING PAY
1. Any permanent or probationary unit employee who is required to, and does act and perform duties included within a higher classification and which are broader than the specifications governing such employee's position shall be paid in accordance with the step and salary range appropriate for such hi gher classification. An acting employee will be assigned to work in the acting classification in increments of pay periods and his or her acting compensation shall be effective on the first day of the pay period so assigned.
2. During that period of acting service unit employee off on a paid leave shall be paid at the acting pay rate for such period of paid leave. Unit employees shall not be paid at the acting pay rate for bi-weekly leave payoffs and/or cash-outs.
3. The unit employee’s Department shall s ubmit a Personnel Action Form to start the Acting Pay effective the beginning of the first full pay period in which the employee is acting. The Department shall submit another Personnel Action Form to stop the Acting Pay. Unit employees receiving acting pay as set forth above shall continue to receive the benefits associated with his/her permanent position and not the benefits associated with the acting position.
4. An employee working overtime during such acting service shall be paid at the acting pay rate for such time.
5. Pursuant to the California Code of Regulations (CCR) Section 571, Acting Pay shall be reported to CalPERS as special compensation under the category of Premium Pay – Temporary Upgrade Pay.
VII. SPECIAL ASSIGNMENT PAYS
A. PURPOSE
The purpose of Special Assignment Pay is to recognize and compensate unit employees who regularly and routinely work assignments as set forth in the following Section “B.”
ARTICLE TWO
POA MOU 2022-2025 Page 12 B. COMPENSATION
1. Unit employees assigned to the following assignments shall rece ive Special Assignment Pay of eight percent ( 8%) above their base rate of pay plus POST:
Administration/Investigations
Bureau
Operations Bureau
Traffic Bureau
Adult Detectives
Court Liaison
Crime Impact Team
Juvenile Detectives
School Resource Officers
Victim’s Assistance Unit
Personnel & Training
K-9 Assignment
Patrol Section
Computer Services
Unit
Accident Investigator
Vehicle Impounds /
Reserve Coordinator
Commercial
Enforcement
Motor Unit
Parking
Enforcement
Communications
Photo Enforcement
2. Pursuant to the California Code of Regulations (CCR) Section 571, Special Assignment Pay shall be reported to CalPERS as special compensation.
3. In addition to Special Assignment Pay, unit employees assigned to the K -9 Assignment shall receive three (3) hours of overtime per week for time spent caring for and exercising their K-9 partner.
4. In addition to Special Assignment Pay , unit employees assigned to the Motor Unit shall receive two (2) hours of overtime per week for time spent maintaining and cle aning their motorcycles, on and off duty.
5. ADDITIONAL SPECIAL INCENTIVE PAY INCREASE: In the event LAPD or LASD provides a base salary increase to employees above the known 4.5% or 12%, respectively, between July 1, 2022 and June 30, 2025 (i.e., the term of this agreement), members of this unit shall receive 50% of such additional base salary increases pursuant to the SIO. To the extent that such additional salary increases awarded to LAPD or LASD prior to June 30, 2025, total less than 8.75% (4.375% due to CCPO A per the SIO), the City shall increase the CCPOA’s Special Assignment Pay by the difference between the SIO increase and 4.375% effective July 1, 2024.
ARTICLE TWO
POA MOU 2022-2025 Page 13 Example 1: I f LAPD negotiates a 6% base salary increase (in addition to the already known 4. 5%) in July 2023, the SIO provides that 3% of that increase will inure to the CCPOA and the City shall increase the Special Assignment Pay by an additional 1.375% (bringing that benefit to 9.375% effective July 1, 2024. If, however, the LAPD negotiated an additional 10% base pay increase in July 2023, then CCPOA members will receive 5% due to the SIO and there shall be no additional increase to the Special Assignment Pay (above the contracted 8%) because the additional SIO exceeded
4.375%.
Example 2: If there were no additional SIO increases prior to July 1, 2024, and CCPOA received a 4.375% increase to the Special Assignment Pay, then LAPD provides a 6% base salary increase in October 2024 that is retroactive to July 1, 2023, the City shall increase the salary of CCPOA members by 3% (1/2 of LAPD’s raise) retroactively to July 1, 2023, and shall prospectively decrease the Special Assignment Pay by 3%.
C. TIME FOR SPECIAL DUTIES
Unit employees assigned to K -9 Ass ignment and Motor Unit shall be entitled to up to three (3) hours of administrative leave per calendar week as a result of duties performed in time spent caring for and exercising their K-9 partner, or maintaining and cleaning their motorcycle.
VIII. FIELD TRAINING OFFICER PAY
A. PURPOSE
The purpose of Field Training Officer Pay is to recognize and compensate unit employees who are assigned as Field Training Officers by Police Management to train probationary Police Officers and/or Reserve Police Officers as part of their assigned duties.
B. COMPENSATION
1. Unit employees assigned as Field Training Officers who train , as their primary duty, probationary Police Officers shall receive extra compensation of eight percent ( 8%) above their base rate of pay plus POST.
2. Unit employees shall be assign ed as F ield Training Officers for a minimum of six months. The Chief of Police or designee shall
ARTICLE TWO
POA MOU 2022-2025 Page 14 determine the number of Field Training Officers assigned based upon the needs of the department.
3. The unit employee’s department shall submit a Personnel Acti on Form to start the Acting Pay effective the beginning of the first full pay period in which the employee is acting. The department shall submit another Personnel Action Form to stop the Acting Pay at the end of the pay period in which the acting assignment ceases.
4. Unit employees assigned as Field Training Officers to train Reserve Police Officers or a probationary Police Officer not routinely assigned to them, shall receive one hour of overtime pay for each work shift that they train Reserve Police O fficers or probationary Police Officers not regularly assigned to them. In the event an officer performs as an FTO six (6) or more consecutive shifts, he/she shall be automatically assigned as an FTO for a minimum of six months.
5. Pursuant to CCR Section 571, Field Training Officer Pay shall be reported to CalPERS as special compensation under the cate gory of Special Assignment Pay – Training Premium.
IX. RANGEMASTER PAY
A. PURPOSE
The purpose of the Rangemaster Pay is to recognize and compensate unit employees who are assigned to supervise target range facilities and all related activities as part of their assigned duties.
B. COMPENSATION
1. Unit employees assigned as Rangemasters shall receive extra compensation of seven percent (7%) above their base rate of pay plus POST.
2. Unit employees who perform Rangemaster duties, but are not regularly assigned as a Rangemaster, shall receive one (1) hour of overtime pay for each shift worked.
3. Pursuant to CCR Section 571, Rangemaster Pay shall be reported to CalPERS as special compensation under the category of Special Assignment Pay – Rangemaster Premium.
ARTICLE TWO
POA MOU 2022-2025 Page 15 X. CHANGE OF ASSIGNMENT
A. REGULAR ASSIGNMENTS
1. Regular assignments of unit employees to specialized functions or operations (investigations, juvenile, motors, canine, SES, etc .) and scheduled watch rotations, whether or not Special Assignment Pay is involved, may be made with specific duration as provided by Police Department policy.
2. Changes to regular assignments or scheduled watch rotations shall not be made without fourteen (14) calendar days’ notice.
3. The Chief of Police retains the exclusive right to make reassignments, transfers or modifications to such assignments as he/she deems necessary to respond to operational necessities, emergencies or for the welfare of an employee.
4. The intent of this provision is not to affect assignments to task forces, hire -back, order -back, or mobilization to various degrees.
This does not preclude Police Management from changing the hours of assignment to address operational needs.
5a. All regular assignments are of temporary duration, not a separate job classification, does not have civil service status, and is not subject to civil service selection procedures, appeals, or seniority; it is not a property right and may be revoked by police management at any time for job related reasons or operational necessity.
5b. If a unit employee is transferred pri or to the end of their regular rotation, the unit employee may appeal this action to the Police Chief whose decision shall be final.
XI. POST CERTIFICATE PAY
A. Unit employees shall receive the following POST Certificate Pay:
1. Basic POST Certificate
Police Officers possessing a Basic POST Certificate shall be paid nine percent (9%) over base hourly rate for their classification.
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POA MOU 2022-2025 Page 16
2. Intermediate POST Certificate
Police Officers and Police Sergeants possessing an Intermediate POST Certificate shall be paid fourteen and one -half percent (14.5%) over the base hourly rate for their classification.
3. Advanced POST Certificate
Police Officers and Police Sergeants possessing an Advanced POST Certificate shall be paid seventeen and one -half percent (17.5%) over the base hourly rate for their classification.
4. Supervisory POST Certificate
Police Ser geants promoted to that rank prior to July 1, 2017, possessing a Supervisory POST Certificate shall be paid twenty and one -half percent (20.5%) over the base hourly rate for their classification. Police Sergeants promoted to that rank on or after to July 1 , 2017, possessing a Supervisory POST Certificate shall be paid twenty-five and one-half percent (25.5%) over the base hourly rate for their classification. The increase by 5% for the POST Supervisory Certificate in this section was added for employ ees promoted to Sergeant on or after July 1, 2017 in conjunction with the elimination of a 5% Longevity pay for Sergeants promoted on or after July 1, 2017 i n Article Two, Section XII(D) of this MOU. The intent is that no Sergeant shall qualify for both t he addi tional 5% POST Certificate pay and the 5% Sergeant Longevity pay.
B. EFFECTIVE DATE
Employees will receive the above pay rate(s) effective the first pay period following the date awarded as stated on the POST Certificate.
C. LIMITATIONS
1. This ext ra comp ensation shall be awarded only for the highest achieved POST Certificate as specified in the above section.
2. The minimum specified standards shall be at least those prescribed by POST as of the effective date of this agreement.
ARTICLE TWO
POA MOU 2022-2025 Page 17 XII. LONGEVITY PAY
A. PURPOSE
In recognition of continuous full -time employment as a sworn officer , excluding unpaid breaks in service, the City shall provide Longevity Pay in certain on-going compensation amounts and service time as follows:
B. COMPENSATION
Years of
Continuous
Service
Annual Amount
Bi-weekly Amount
5 $3,000 per year $115.38 per pay period
10 $7,000 per year $269.23 per pay period
15 $10,000 per year $384.62per pay period
20 $17,000 per year $653.85 per pay period
25 $19,000 per year $730.77 per pay period
Pursuant to the California Code of Regulations (CCR) Section 571, Longevity Pay shall be reported to CalPERS as special compensation.
C. LIMITATIONS
Longevity Pay is not cumulative and shall only be awarded for the highest level of service achieved as specified in the above section.
D. SERGEANT LONGEVITY
Sergeants promoted prior to July 1, 2017, who have been employed by the City as a full -time Sergeant (including time as an Acting Sergeant within the 12 -months immediately prio r to promotion or continuous acting time if longer than one-year) for a minimum of five years, excluding unpaid breaks in service, shall receive five percent (5%) longevity pay. This sergeant longevity pay will be in addition to the Longevity compensation in Article Two, Section XII.B. The elimination of the Sergeant longevity pay in this section for employees promoted to Sergeant on or after July 1, 2017 was done in conjunction with the increase by 5% of the POST Supervisory premium for Sergeants promoted on or after July 1, 2017 in Article Two, Section XI(A) of this MOU. The intent is that no Sergeant shall qualify for both the additional 5% POST Certificate pay and the 5% Sergeant Longevity pay.
Pursuant to the California Code of Regulations (CCR) Section 571, Longevity Pay shall be reported to CalPERS as special compensation.
ARTICLE TWO
POA MOU 2022-2025 Page 18
XIII. BILINGUAL PAY
A. PURPOSE
1. The purpose of bilingual pay is to compensate unit employees who provide linguistic assistance for non -English speaking person(s) who represent a large se gment o f the community. The current languages are Arabic, Farsi and Spanish.
2. This service is provided through unit employees who have been certified as proficient in a designated foreign language which is regularly utilized in providing services to the community. The level of proficiency shall be “conversational” in the applicable language.
B. QUALIFICATION
1. The Human Resources Department will conduct proficiency tests, as needed, in designated language(s) as described in “A” above.
2. The Human Resources Department will then certify an eligible list of qualified translators so certified to speak in a designated foreign language.
C. COMPENSATION
Employees certified to the eligible list of qualified translators for speaking in a designated fore ign lan guage shall receive special compensation of five perce nt (5%) above their base hourly rate plus POST . Eligible u nit employees on a paid leave of absence shall continue to receive said special compensation during such leave.
Pursuant to the Californ ia Code of Regulations (CCR) Section 571, Bilingual Pay shall be reported to CalPERS as special compensation under the category of Special Assignment Pay – Bilingual Premium.
XIV. SUPERVISOR PREMIUM PAY
A. PURPOSE
This pay is to recognize the duties and res ponsibilities of employees who are routinely and consistently assigned to a supervisory position over other employees and subordinate classifications.
ARTICLE TWO
POA MOU 2022-2025 Page 19 B. COMPENSATION
All unit employees in the classification of Police Sergeant, including emplo yees assigned by the Chief of Police as an Acting Sergeant, shall be paid a supervisor premium of three percent (3%) of their base rate plus POST.
Pursuant to the California Code of Regulations (CCR) Section s 571 and 571.1, Supervisor Premium Pay shall be reported to CalPERS as compensation earnable or pensionable compensation , respectively, to the extent permitted by law.
XIV. EDUCATIONAL PAY
A. PURPOSE
This pay is to motivate employees and recognize the achievement of employees who have obtained h igher e ducation degrees, which enhance career development, increase professional standards of the department and increase the level of service to the community.
B. COMPENSATION
Unit employees who possess a college degree from a college or university accredited by an organization recognized by the United States Department of Education or the Council for Higher Education shall be eligible for the following compensation:
Degree Yearly Amount Biweekly Amount
Associates $1200 $46.15
Bachelors $2400 $92.31
Masters $4800 $184.62
All compensation for Education Pay shall be awarded only for the highest level of degree achieved – compensation is not cumulative.
Unit employees must provide proof of accredited degrees to the City to be eligible for the Education Pay, which shall be effective at the beginning of the pay period that includes the date that proof of eligibility was submitted.
Pursuant to CCR Section 571 and 571.1, Education al Pay shall be reported to CalPERS as compensation earnable or pensionabl e compensation, respectively, as Educational Pay, to the extent permitted by law.
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POA MOU 2022-2025 Page 20
ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. SCHEDULES/BRIEFING TIME
A. WORK SCHEDULES
1. The City shall establish work schedules for employees. The work schedule shall specify the days of the week and the daily starting and quitting times.
2. Work schedules shall be posted by the City in such a manner so all employees may be aware of the work schedule.
B. HOURS OF WORK
1. The City establishes a twenty -eight (28) day wor k period for the purposes of calculating FLSA overtime pursuant to the Section 7 (k) exemptions of the Fair Labor Standards Act.
2. Employees shall be compensated in such manner as required by the FLSA for hours worked which exceed one hundred and seventy one hours (171) of work in the twenty-eight (28) day cycle.
3. The Chief of Police, or his/her designee, shall assign all sworn personnel a work schedule consisting of four ten -hour days (4/10) or three twelve and one -half hour days (3/12.5) in a seven-day period, inclusive of mandatory briefing and/or dressing period and thirty-minute meal period.
4a. The City and POA have agreed to implement a 3/12.5 work schedule for unit employees assigned to the Patrol division, except those working Motor assignments. It is the intent that the 3/12.5 work schedule will provide benefits to the City and the Police Department without risking the safety of employees and/or increasing costs.
4b. The City may modify the 3/12.5 schedule in the Operations Bureau to provide for combined 4/10 and 3/12.5 schedules as set forth in Appendix “ A”. In order to implement and maintain the combined 4/10-3/12.5 schedule, t he parties agree there must be a minimum of 35 officers assigned to Patrol.
ARTICLE THREE
POA MOU 2022-2025 Page 21 II. SHIFT TRADE AGREEMENT
A. TRADE SHIFTS
Eligible employees may trade shifts subject to the approval of the Chief of Police and subject to the City not incurring any additional costs as a result of the shift trade.
B. TRANSFER VESTED HOURS
Employees shall be allowed to transfer ves ted hou rs upon mutual agreement of both employees.
III. TIME RECORDS
The City shall provide for the maintenance of records of time worked including overtime, time docked, and time on leave of absence.
IV. OVERTIME
A. DEFINITION AND ELIGIBILITY
Whenever a unit employee is required to work beyond the established work schedule, the City shall pay overtime for the overtime worked at time and one -half. All overtime must receive prior approval of an authorized supervisor before such time can be credited.
B. EXTENSION OF DUTY
When a unit employee is required to continue working overtime beyond the regular duty day, overtime shall be credited at one and one -half times the straight hourly rate to the nearest one -half (1/2 ) hour after the first fifteen (15) minutes of overtime worked.
C. ON-CALL – (NON PERSABLE):
1. Unit employees assigned to the Investigations or Traffic Bureau who are required to be on -call shall be compensated with a bonus equivalent to eight (8) hours pay for each 7-day work week assigned.
2. Unit employees , other than those receiving compensation under paragraph C1 above, who are required to be on -call shall be compensated with a bonus equivalent to four (4) hours of base
ARTICLE THREE
POA MOU 2022-2025 Page 22 hourly pay for each twenty -four hour period, or fraction thereof.
Unit employees shall not be compensated in the event the on -call directive is cancelled and the employee is notified of the cancellation at least 48 hours in advance of t he scheduled on -call assignment.
3. This is not pay for time worked, but pay for time waiting to be called, and shall not count as hours worked for overtime.
4. Any actual time worked responding to a call will be paid as overtime, subject to the recall language below, in addition to the 8- hour on-call pay.
D. RECALL
1. When a unit employee is called to duty (including meetings, community events, training) during their off -duty time, overtime shall be credited at one and one -half times (1½) the unit employee’s straight hourly rate for such emergency recall, commencing at the time of reporting for duty, with a guarantee of a minimum of four (4) hours of overtime credit.
2. Limitations: If the recall occurs within two (2) hours of the start of the employee’s regular assigned shift, the unit employee shall be compensated in t he mann er as set forth in Extension of Duty , Section B above.
E. COURT DUTY
1. On Duty : When a unit employee is required to appear in court during scheduled work hours, and the combination of court duty and scheduled on -duty work is in excess of the reg ular scheduled working day, such employee will be credited overtime for hours in excess of the regular scheduled working day in the manner provided for Extension of Duty.
2. Off Duty Time:
a. When a unit employee is required to appear in court on behalf of t he City during a time which is scheduled off -duty, the unit employee shall be credited overtime for all hours in court at one and one -half (1½) times the unit employee’s straight hourly rate.
ARTICLE THREE
POA MOU 2022-2025 Page 23 b. A unit employee who is off duty shall receive a minimum of four (4) hours at time -and-one-half (1½) credited for any one (1) such court day.
c. This minimum guarantee is intended to compensate the employee inclusively for:
• Disruption of off-duty time,
• Travel time, and
• Preparation for the court appearan ce as w ell as actual court time.
d. The unit employee shall receive the greater of:
• Overtime pay for all actual hours worked (if the court appearance exceeds four (4)hours); or
• The four (4) hour minimum.
F. COURT “ON-CALL” SUBPOENA
1. When a unit employee receives an "on -call" subpoena, the employee may elect to:
• Report for duty at the Culver City Poli ce station for watch assignment; or
• Remain at home and be available for call by the court.
2. If a unit employee is on an “on -call” subpoena, and c hooses to report for duty, all hours worked shall be paid at one and one -half (1½) times the straight -time hourly rate with a minimum of four (4) hours at time -and-one-half (1 ½ ) credited for any one such court "on call" day.
3. Police Management , or is suing a uthority (court, district attorney, DMV, etc.), shall determine when the employee may be released from their “court on-call” without further limitation or compensation.
4. If the unit employee elects to remain at home on "court on-call," the unit employee shall notify the Watch Commander or designee, and the court, and shall be paid an “court on-call” bonus equivalent to two (2) hours at the unit employee’s straight-time hourly rate for each three (3) hour period (9:00 a.m. to Noon, or 1:00 p. m. to 4:00 p.m.).
ARTICLE THREE
POA MOU 2022-2025 Page 24 Such compensation shall not be considered pay for hours worked.
The employee must notify the Watch Commander or designee, when he/she is held over from a morning " court on-call" to and including an afternoon "court on-call."
5. The maximum compensation for any one (1) "court on-call at home" day shall be equivalent to four (4) hours at the unit employee’s straight-time hourly rate.
6. Limitations: A c ourt order resulting in "court on-call" st atus is subject to verification by the City. It shall be the employee's responsibility to respond to and maintain contact with the court while at home " court on-call." Failure to be available or to report when called will cause forfeiture of any "on call" bonus.
7. If such voluntary "on call at home" elections are determined by the Department of Labor or court of competent jurisdiction to be "hours worked" within the definitions of the Fair Labor Standards Act (FLSA) and, therefore, subject to ov ertime compensation, the voluntary election provision shall become null and void and employees shall report to work at the station when subject to an "court on call" subpoena.
G. FILMING AND SPECIAL EVENT ASSIGNMENTS
Unit employees shall be required to work overtime assignments to provide public safety for filming and other special events taking place within the Culver City boundaries in accordance with Culver City Municipal Code §
11.14.035 and § 17.520.0 30 (Filming and Special Event Overtime Assignments).
When needed, Filming and Special Event Overtime Assignments shall be assigned by the Chief of Police or designee. Said overtime assignments shall be offered, assigned, and distributed in an equitable and impartial manner to the extent possible . Unit employees shall be selected consecutively following a list established by the Film Permits Sergeant. If there are an insufficient number of unit employees available to work the overtime assignment, the Chief of Police or designee may order unit employees t o work said assignment and/or contract with outside law enforcement agencies to fill this need.
1. Compensation
Unit employees assigned to work Filming and Special Event Overtime Assignments shall receive overtime compensation as follows:
ARTICLE THREE
POA MOU 2022-2025 Page 25
Filming Assignments Special Event Assignments
Monday –
Friday
1.5 x regular rate
of pay
Monday – Friday 1.5 x regular
rate of pay
Saturday –
Sunday,
recognized
holidays and
weekday
assignments
beyond 12
hours
2 x regular rate
of pay
Saturday – Sunday,
recognized holidays and
weekday assignments
beyond 12 hours
2 x regular
rate of pay
8-hours minimum per assignment
6-hours minimum per assignment
For assignments cancelled within
24-hours, unit employee shall
receive 4 hours
For assignments cancelled within 24-hours,
unit employee shall receive 4 hours
2. Limitations
a. Unit employees are prohibited from being considered for any Filming or Special Event Overtime Assignment while on any Leave of Absence from the City.
b. All hours worked on Filmi ng and Special Event Overtime Assignments shall not be counted for the purposes of
establishing further overtime eligibility.
H. TIME INCREMENTS – OVERTIME
All authorized time worked which is in excess of the unit employee’s regular assigned shift shall be compensated as set forth below:
Time Increments Overtime Credit
0-15 minutes No overtime credit
16-45 minutes One-half (1/2) hour overtime credit
46-75 minutes One (1) hour overtime credit
I. COMPENSATORY TIME
A. MAXIMUM ACCUMULATION
Unit employees may accumulate c ompensatory time to a maximum of three hundred (300) hours which shall be paid at the unit employee’s regular rate of pay.
ARTICLE THREE
POA MOU 2022-2025 Page 26
B. EXCESS COMPENSATORY TIME
Unit employees that have reached three hundred (300) hours of accumulated compensatory time shall be paid on a bi -weekly basis for all excess accumulated hours, known as “comp time payoff” at the employee’s regular rate of pay.
C. SEPARATION FROM SERVICE
In the event of separation from service, the employee shall be entitled to cash payment of one-hundred percent (100%) accumulated compensatory time paid at the unit employee’s regular rate of pay.
ARTICLE FOUR
POA MOU 2022-2025 Page 27
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. PERS RETIREMENT BENEFITS
As of the effective date of th is M.O. U. the City agrees to provide retirement benefits under the California Public Employees' Retirement System as follows.
GGOOVVEERRNNMMEENNTT
CCOODDEE SSEECCTTIIOONN
BBEENNEEFFIITT
7522.25 (d)
“New” Members, as defined by the Public
Employees’ Pension Reform Act (PEPRA)
A base retirement plan of 2.7% at age 57 for all unit
employees defined as “new” members by AB 340.
20037
For unit employees
hired on or after July 1, 2011:
Three-year Final Compensation : Final
compensation is the average full -time monthly pay
rate for t he highest thirty -six (36) consecutive
months.
20042
For unit employees
hired prior to July 1, 2011:
One-Year Final Compensation: Final compensation
is the average full -time monthly pay rate for the
highest twelve (12) consecutive months.
20055
Prior Service Credit : Unit employees may be
eligible to purchase prior service credit.
20996
Military Service Credit: Unit employees may elect to
purchase up to four (4) years of service credit.
ARTICLE FOUR
POA MOU 2022-2025 Page 28
GGOOVVEERRNNMMEENNTT
CCOODDEE SSEECCTTIIOONN
BBEENNEEFFIITT
21329
Two p ercent (2%) Annual COLA – Limitations on
Adjustments, per CalPERS regulations.
21363.1
3% at Age 55: Base retirement plan of t hree
percent (3 %) at age 55 for all “Classic” unit
employees hired on or after July 1, 2011.
21362.2
3% at Age 5 0: Base r etirement plan of three
percent (3%) at age 50 for all unit employees hired
prior to July 1, 2011.
21548
Pre-retirement Option 2 : Upon the death of a
member who was eligible to retire, the spouse may
receive an allowance equal to the amount the
member would have received if the member had
retired for service retirement on the date of death
and elected Option 2W.
21574
Fourth Level of 1959 Survivor Benefits
21624 – 21626
Post-Retirement Survivor Allowance
II. CALPERS EMPLOYEE CONTRIBUTION FOR “CLASSIC” MEMBERS A. PERS EMPLOYEE RETIREMENT CONTRIBUTIONS
The PERS employee contribution rate of nine percent (9 %) for the 3% @ 50 and 3% @ 55 retirement plans is established by State legislation. Unit employees shall be r esponsible for payment of the nine percent ( 9%) PERS employee contribution rate. Said member contributions paid by the employee shall be pre-tax in accordance with IRS Code Section 414(h) (2).
B. CALPERS EMPLOYEE CONTRIBUTION FOR “NEW MEMBER”
EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 AND DEFINED AS SUCH IN ACCORDANCE WITH AB 340
ARTICLE FOUR
POA MOU 2022-2025 Page 29
1. Unit employees defined as new members by PEPRA are covered under the 2.7% at age 57 retirement formula . New members shall be responsible for paying the employee contribution rate of one-half of the total normal cost of the plan as determined by CalPERS.
2. Unit employees shall be responsible for the full CalPERS employee contribution payment which is currently 12.25%.
3. The City has adopted the CalPERS resolution in accorda nce with Internal Revenue Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
III. CalPERS COST SHARING
The employer contribution rate is established and adjusted annually by the CalPERS Board. In FY 19-20, the Culver City employer safety contribution rate is
59.33%. The City and POA have agreed that unit employees shall pay half of the employer contribution rate in excess of 50%, up to a maximum of 5% of the employer contribution (i.e. for FY 19-20, Classic employees will pay 4.66% of the employer rate). Effective in the first pay period following Council adoption of this MOU, the maximum contribution for all unit employees, shall be fourteen percent (14%). For New Members only, if the required one-half of the total normal cost of the plan as determined by CalPERS exceeds fourteen percent (14%) , the New Member shall make the required one -half of the total normal cost contribution , as referenced in Section B. above.
This Cost Sharing arrangement shall be made in accord ance wi th California Government Code Section 20156 (f). Contributions made by unit employees shall be on a pre-tax basis. It is expressly understood and agreed that the City has no authority or jurisdiction by which to bind CalPERS, the Internal Revenue Se rvice (IRS), the Franchise Tax Board or any other agency (collective “Entities) to a determination that such contributions are indeed pre -tax. Thus the parties acknowledge and agree that the City shall have no liability to any individual unit employee or t he coll ective bargaining unit should any of the aforementioned Entities reject treatment of said contributions as pre-tax.
ARTICLE FOUR
POA MOU 2022-2025 Page 30 IV. MEDICAL INSURANCE
A. MEDICAL INSURANCE – PERS MEDICAL PLANS
The City contracts with the California Public Employees’ Retiremen t System (PERS) for medical insurance coverage. Eligible new hires are covered under the program on the first day of the month following enrollment. The City will contribute the Public Employees’ Medical and Hospital Care Act (PEMHCA) statutory minimum on behalf of each participant in the program. A participant is defined as 1) an enrolled employee and eligible dependents 2) an enrolled retiree and eligible dependents and 3) a surviving annuitant. The PEMHCA statutory minimum for 2022 is $149 per month Incl usive of the statutory minimum, flexible benefits shall be provided as follows.
The City and POA must mutually agree in writing to change from PERS Health Care to another health care plan.
B. CAFETERIA PLAN
The City shall implement a full flex cafeteria p lan in accordance with IRS Code Section 125 for all active employees. Unit employees participating in the City’s full flex cafeteria plan shall receive a monthly flex dollar allowance to purchase benefits offered under the full flex cafeteria plan.
The fol lowing health care benefits shall be offered through the cafeteria plan: medical, dental, vision and life. The monthly dollar allowance, which is inclusive of the statutory PEMHCA minimum, shall be:
Employee only: $ 765.00
Employee + 1: $ 1,339.00
Family: $ 1,673.00
The monthly flex dollar allowance may be used in accordance with the terms of the cafeteria plan to purchase benefits offered under the cafeteria plan and other supplementary products . A fter the mandatory insurance has be en purc hased, the employee has the option to waive the other benefits and have the excess flex dollars converted to taxable income or purchase other supplementary products.
In the event that premiums and/or costs for the selected benefits exceed the mont hly fle x dollar allowance, the balance will be paid by the employee through automatic pre-tax payroll deduction, as permitted under IRS Code Section 125.
The City will contribute up to an additional 4% towards the increased cost of medical premiums in a calendar year. The average increase in PERS monthly health care premiums for active employees shall be calculated by
ARTICLE FOUR
POA MOU 2022-2025 Page 31 subtracting the average cost of Los Angeles area Basic premiums for all available City-offered CalPERS health-care plans for the current year from the average cost of Los Angeles area Basic premiums for all available City-offered CalPERS health-care plans for the upcoming year. If this percentage is less than 4%, then the City allowances shall be increased only by that percentage. If this percentage equals or exceeds 4%, the City allowances shall be increased by 4%. If there is a year where the average premium increase is 0%, or there is an overall decrease, the City contribution shall not be adjusted. In addition, the City shall continu e to provide flex dollars to cover 100% of HMO dental, vision and life insurance premiums.
C. MEDICAL INSURANCE PREMIUMS – OPT-OUT/CASH OUT OPTION (NON-PERSABLE)
Unit employees may elect to discontinue participation in the PERS Health Plan medical insurance coverage (“Opt Out”). The intent of this provision is to share premium savings that the City will incur as a result of a unit employee canceling City coverage.
D. PROOF OF COVERAGE / WAIVE CITY LIABILITY
Unit employees electing to waive City m edical insurance coverage for themselves and all eligible family members must provide proof of coverage through another (non-City) benefit plan (e.g., spouse's coverage through another employer), and must waive any liability to the City for their decision to cease coverage under the City’s medical insurance plan.
E. OPT-OUT
Upon proof of other coverage that meets ACA requirements , unit employees may elect to waive the City’s medical insurance and use the above allotted single -party flex dol lars to ward other items in the full flex cafeteria plan or convert it to taxable income.
F. EMPLOYEE SPOUSES / DEPENDENTS NOT ELIGIBLE FOR OPT
OUT
For medical insurance plans, when a unit employee is the spouse of another benefited City employ ee, the affected employees shall have the option of:
• Each employee have a flex dollar amount of a single
employee; or
• One (1) employee may select a plan and list the spouse as a dependent under the two -party or family coverage, as
ARTICLE FOUR
POA MOU 2022-2025 Page 32 applicable and the rema ining e mployee may opt -out as outlined above.
G. RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
1. After electing this provision, a unit employee who later requests to re-enroll under the City plan can only do so during the open enrollment period or after a qualifying event as permitted by the insurance carrier and Cafeteria Plan regulations . Employees shall be re -enrolled per the Cafeteria Plan as provided in Article Four Section IV(B).
2. A qualifying event shall be defined as set forth in the PERS medical Plan and the City’s Cafeteria Plan document, a copy of which is available to unit employees in the Human Resources Department.
H. RETIREE MEDICAL INSURANCE
1. The City’s monthly contribution for medical insurance provided through the PERS Health plan, for employees that r etire on or before December 31, 2011, shall be as follows:
All plans except PERSCare:
City shall pay ninety -five percent
(95%) of the monthly medical pla n
premium; and Employees and retirees
shall pay five percent (5%) of the
monthly medical plan premium.
PERSCare Plan:
City shall pay seventy percent
(70%) of the monthly PERSCare
premium; and Employee and
retirees shall pay thirty percent
(30%) of the mon thly PERSCare
premium.
2. The City’s monthly contribution (inclusive of the PEMHCA required minimums) for retiree medical insurance provided through the PERS Health plan for employees hired prior to July 1, 2011, shall be as follows:
Effective 201 9, u pon retirement with a minimum of five ( 5) years City service, employees who were hired prior to July 1, 2011 shall be eligible to receive up to $ 624.37/mo based on plan enrollment for retiree only; and pre -65 spousal/dependent coverage shall be provided up to an additional $545.00/mo subject to vesting. Vesting for pre -65 spousal/dependent coverage is contingent upon the employees’ years of City service. Employees who retire with 6 years of City service shall be eligible to receive 20% of the maximum pr e-65 sp ousal/dependent allowance, and another 20%
ARTICLE FOUR
POA MOU 2022-2025 Page 33 for each additional year of City service up to 100% of the maximum dependent allowance after 10 years of City service (i.e. 6 years = 20%, 7 years = 40%, 8 years = 60%, 9 years = 80%, 10 years = 100%).
The City’s contribution towards retiree medical insurance shall not increase by more than 4% annually based on the CalPERS rates in effect as of January 1, 2012 . If the average premium increase of CalPERS Los Angeles area Basic (non -Medicare) medical
insurance plans exceeds 4%, any additional amount shall be borne by the annuitant. The average increase in PERS monthly health care premiums shall be calculated by subtracting the average cost of Los Angeles area Basic (non -Medicare) premiums for all available Ci ty-offered CalPERS health-care plans for the current year from the average cost of Los Angeles area Basic (non - Medicare) premiums for all available City -offered CalPERS health- care plans for the upcoming year. If this percentage is less than 4%, then the City al lowances shall be increased only by that percentage. If this percentage equals or exceeds 4%, the City allowances shall be increased by 4%. If there is a year where the average premium increase is 0%, or there is an overall decrease, the City contribution shall not be adjusted. Employees shall only be eligible to receive the City contribution towards retiree medical insurance based on his or her family status at the time of retirement. This amount shall only be increased by up to 4% of the average cost of CalPERS Los Angeles area Basic (non -Medicare) premiums as described above.
3. The City’s monthly contribution for medical insurance provided through the PERS Health plan, for employees hired on or after July 1, 2011 shall be as follows:
Upon ret irement, employees shall be eligible to receive a City contribution for retiree medical in accordance with Government Code 22892. The City shall contribute an amount not to exceed the California Public Employees’ Medical and Hospital Care Act (PEMHCA) contribution, as determined by CalPERS on an annual basis. The statutory minimum amount for 2022 is $149/mo.
The City shall make available a retiree health care trust (RHS) for unit employees hired after July 1, 2011 to enable employees to prefund retiree he alth ca re expenses while employed by the City.
Mandatory participation is required. The City shall pay $25 per pay period of the employee contribution to the RHS. The individual accounts can be utilized after separation of service for reimbursement of all qualified medical expenses, including
ARTICLE FOUR
POA MOU 2022-2025 Page 34 insurance premiums, in accordance with IRS Section 213.
Employees who separate from City service for any reason shall be eligible to receive the full amounts in the RHS at the time of separation. The Retiree Health Sav ings Tr ust shall reimburse expenses in accordance with the Internal Revenue Code. POA understands that changes to contributions and/or disbursements from the RHS can change at any time pursuant to federal laws and regulations. Effective July 1, 2022, the C ity sha ll increase by fifty dollars ($ 50) per pay period the payment of the employee contribution to the RHS. Accordingly, employees will contribute $25 per pay period and the City shall pay $75 , for a total contribution of $100 to the RHS per pay period.
Effective as soon as practical, the POA shall enroll in the PORAC Retiree Medical Trust (RMT). At that time, the City shall no longer contribute to the employee’s RHS and instead shall contribute seventy five dollars ($75) per pay period to the RMT on be half of each unit employee. Accordingly, employees will contribute $25 per pay period and the City shall pay $75, for a total contribution amount of $100 to the RMT per pay period. Any funds in
employees’ RHS accounts shall remain in those accounts.
4. Longevity Retiree Medical Stipend
Unit employees hired prior to July 1, 2011 that retire with twenty (20) or more years of City service that also carry more than one (1) dependent, shall be eligible to receive a $300 monthly stipend towards their retiree medi cal pre mium until the dependent is no longer eligible to be carried.
I. JOINT LABOR / MANAGEMENT HEALTH BENEFITS STUDY
COMMITTEE
1. PURPOSE OF COMMITTEE AND STUDY
The City and the Association agree to continue utilizing the Joint Labor/Management Health Benefit Committee for ongoing review of benefit programs, cost containment and cost savings options. It i s understood that this Committee does not have the authority to alter terms of this MOU or meet and confer with the City on behalf of the Association.
ARTICLE FOUR
POA MOU 2022-2025 Page 35
2. MUTUAL AGREEMENT IN WRITING
The City and the Association must mutually agree in writing to make any amendments to the existing health care programs.
V. DENTAL INSURANCE
1. The City shall continue contracting for the current or comparable p rogram.
All unit employees shall be eligible to enroll qualified dependents and will pay the premium costs for such enrollment through the full flex cafeteria plan.
2. For dental insurance plans, when a unit employee is the spouse of another benefited C ity employee, the affected employees shall have the option of:
• individual coverage; or
• one (1) employee may select a plan and list the spouse as a dependent.
VI. VISION CARE INSURANCE
1. The City shall continue contracting for the current or comparable p rogram.
All unit employees shall be eligible to enroll qualified dependents and will pay the premium costs for such enrollment through the full flex cafeteria plan.
2. For vision insurance plans, when a unit employee is the spouse of another benefited City employee, the affected employees shall have the option of:
• individual coverage; or
• one (1) employee may select a plan and list the spouse as a dependent.
VII. LIFE INSURANCE
The City shall continue contracting for the current or comparable program for Term Life Insurance Group coverage of $50,000.
VIII. IRS SECTION 125 FLEXIBLE SPENDING ACCOUNT
The City provides a flexible spending account for medical expenses and dependent care, pursuant to Section 125 of the Internal Revenue Service Code
ARTICLE FOUR
POA MOU 2022-2025 Page 36 (Section 125), as amended. Under Section 125, the maximum annual amount an employee may contribute on a pre -tax basis for future dependent care expenses reimbursement is two thousand five hundred dollars ($ 2,500). Pursuant to Section 125, employees may contribute pre-tax earnings into these accounts.
The medical expense contribution may be used for reimbursement of medical expenses such as deductibles, co -pays and expenses in excess of what insurance covers. Dependent care expenses may not be reimbursed until after they are actually incurred - i.e., after the care has been provided, and not when the participant is formally billed. Reimbursable dependent care expenses are non-health care expenses that include insuring a qualified dependent’s well - being and prot ection. Qualified dependents are children under age 13 , disabled spouses and other dependents who are physically or mentally incapable of self - care, and who regularly spend at least eight hours each day in the taxpayer's household.
Pursuant to Section 125 , eligible reimbursable expenses must be incurred within the calendar year, January 1st through December 31st, and must be submitted for reimbursement no later than March 31 st of the following calendar year. Receipts submitted after March 31st in the following calendar year shall be forfeited.
There are other limitations and restrictions set forth by the Internal Revenue Service.
IX. CITY RIGHTS – CONTENT AND CONTRACTORS
1. The City retains the exclusive right to determine the content and contractor(s) for d ental, vision and life insurance plans, and any other employee benefits except as otherwise provided for in this MOU.
2. The City agrees to consult with representatives of POA over any City - proposed change in the benefit levels of dental, life or vi sion ca re insurance during the term of this agreement.
3. It is understood that no significant changes in benefit levels will occur without the agreement of POA.
X. ON-DUTY DEATH/ FUNERAL BENEFIT
A. BENEFIT
1. In recognition of services rendered, should any unit employee die in the line of duty, the City will provide the beneficiary or estate of the unit employee a funeral benefit payment of $15,000.
ARTICLE FOUR
POA MOU 2022-2025 Page 37
2. This benefit shall be payable over and above any benefits payable through PERS or Labor Code provisions.
B. DEFINITION
"In the Line of Duty" shall include optional work assignments as described in this MOU.
C. PAYMENT
Payment to the unit employee’s beneficiary or estate shall be made as soon as possible, but in no event later than fifteen (15) workin g days following the death.
XI. UNIFORM ALLOWANCE
A. INITIAL UNIFORM ALLOWANCE – PERMANENT APPOINTMENT
Unit employees required to wear uniforms during the performance of their duties will be reimbursed, upon receiving permanent appointment, an amount not to exc eed two hundred and sixty dollars ($260) for the t otal cost of the initial supply of uniform articles the employees are required to purchase.
B. ANNUAL UNIFORM ALLOWANCE – UNIFORM AND EQUIPMENT
REPLACEMENT/MAINTENANCE
The City will provide all uni t employees an annual lump -sum payment of one thousand six hundred dollars ($1,600) in the first paycheck in January each year for uniform and equipment replacement/maintenance for the upcoming calendar year.
Pursuant to CCR Section 571, this amount sh all be reported to CalPERS as special compensation under the category of Statutory Items – Uniform Allowance.
C. LIMITATIONS
1. Uniform items purchased by the City remain the property of the City.
2. The parties agree and understand that employees may use th ese annual lump-sum payments to pay vendors for maintenance tasks if they so choose (e.g., dry cleaners, shoe shine, etc.)
ARTICLE FOUR
POA MOU 2022-2025 Page 38
XII. SAFETY EQUIPMENT
A. SUPPLY AND REPLACEMENT
1. The City will supply and replace for use by the unit employee the following items of safety equipment:
• Ammunition
• Baton
• Flashlight
• Handcuffs
• Handgun w/ Tac light
• One off-duty holster
• Ballistic vest
• Raincoat
• Ballistic helmet
• High visibility vest
• Gas mask w/ filter
• Sam Brown Leather:
o Baton ring holder
o Magazine case
o Handcuff case
o Duty belt
o Four belt keepers
o Key holder
o Holster
o Trouser belt
o OC Spray and case
o Tourniquet and case
o Taser holster
2. Unit employees shall provide flashlight batteries and bulbs.
B. MOTOR DUTY ASSIGNMENT
The City will provide and replace for unit employees assigned to mot or duty, departmentally approved:
• Black Tourmaster Flex LE
approved or equivalent
motorcycle jacket
• Motorcycle boots
• DOT approved modular full face
helmet.
• Kevlar Riding pants
• Riding breeches
• Reimburse purchase of
suitable eye protective glasses
for day and night duty, $150
annually.
• Reimburse purchase of leather
gloves, $100 annually.
C. LIMITATIONS
1. No equipment provided by the City pursuant to this section shall be taken from the annual uniform allowance provided in this section; and
2. All equip ment provided by the City pursuant to this section shall remain the property of the City; and
ARTICLE FOUR
POA MOU 2022-2025 Page 39
3. All equipment provided by the City pursuant to this section shall be returned to the City whenever a unit employee terminates their employment with the Police Department.
XIII. TUITION REIMBURSEMENT
The City agrees to reimburse unit employees up to three hundred dollars ($300) per applicable accredited college unit, plus the actual costs of books, registration fees and parking permit fees, pur suant to Administrative Policy II - 08, as amended.
XIV. PRACTICE AMMUNITION
A. CITY PROVIDED AMMUNITION
1. The City will continue to provide ammunition on a monthly basis for qualification and proficiency purposes.
2. In addition, the City will provide fifty (50) rounds of lead free practice ammunition for service weapons, of a type determined by the Police Department, every other month upon the employee's request.
3. Unit employees must be actively at work during the month for which the ammunition is requested.
B. LIMITATIONS
1. Unit employees on long-term IOD or other leave of absence for one (1) month or more will be ineligible for the practice ammunition benefit.
2. The parties understand and agree that provision of practice ammunition is not an authorization o r agree ment to provide for compensable (on-duty) practice time.
XV. PHYSICAL WELL-BEING
A. PURPOSE
The parties agree th at the physical well -being of unit employees is a mutual benefit to the City and the employee.
ARTICLE FOUR
POA MOU 2022-2025 Page 40 B. ALLOWANCE
Each July 1, the City agrees to provide an annual allowance of $450 to each unit employee for the use towards physical well-being programs, equipment, memberships, expenses, dues and fees.
ARTICLE FIVE
POA MOU 2022-2025 Page 41
ARTICLE FIVE
LEAVES OF ABSENCE
I. POLICY
It shal l be the policy of the City to grant leaves of absence to permanent and probationary employees for the purpose of rest and relaxation, and for recuperation from illness, based on each employee’s total length of service with the City. Employees are expected to take advantage of the vacation provisions afforded them in order to maintain their mental and physical health.
II. ACCUMULATION, USE AND REQUESTS FOR LEAVE
A. ACCUMULATION OF LEAVE
1. The unit employee's anniversary date (date of original bene fited employment adjusted for breaks in service) shall determine the category of leave accumulation.
2. Unit employees shall continue to accumulate sick, holiday in -lieu and vacation leave when on authorized leave with pay of any kind.
B. USE OF LEAVE
1. Leave shall be taken in multiples of one (1) hour.
2. Unit e mployees can take up to the total amount of accumulated leave credit.
3. Charges against sick leave or vacation leave accruals shall be made for only those days on which regularly assigned work would be performed.
C. ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave credit may be approved for use by the City Manager.
D. REQUESTING LEAVE
1. Except as otherwise provided, no leave of absence with pay shall be granted to any unit employee without the approval of the Police Chief or designee.
2. ARTICLE FIVE
POA MOU 2022-2025 Page 42
3. Whenever possible, unit employees shall file a request for a leave of absence on a form provided by the appointing authority, and shall receive written approval before taking such leave period.
3. When conditions prevent a prior request, the employee, upon return from said leave, may be required to file a report explaining the conditions which prevented a prior request.
E. FAILURE TO FILE A PRIOR REQUEST
Failure to file a pr ior leave request, in the absence of extenuating conditions, shall be grounds for disciplinary action.
III. IN-LIEU OF HOLIDAYS
A. BI-WEEKLY ACCRUAL RATE
Unit e mployees shall be credited with leave in -lieu of holidays, to be accrued each bi-weekly pay period on a pro-rata annual basis, as follows:
Bi-weekly
accrual rate
Annual
accrual rate
Maximum
accrual rate
4.31 hours
(112 hours / 26 pay
periods)
112 hours
(26 pay periods X 4.31
hours)
112hours
B. ACCRUAL BALANCE NOT TO EXCEED MAXIMUM ANNUAL IN -LIEU
OF HOLIDAYS
1. A balance not to exceed the maximum annual accrual of one hundred and twelve (112) hours of in -lieu holidays may be maintained by the unit employee.
2. Accruals which would exceed this maximum balance will be paid to the affected employee as accrued.
C. ONE-TIME ANNUAL ELECTION – 112 HOURS (NON-PERSABLE)
1. ELIGIBILITY
The City will permit unit employees a one-time annual election each fiscal year to cash out up to one hundred and twelve (112) hours of Holiday In-lieu time at each unit employee's base hourly rate (non- PERSable).
ARTICLE FIVE
POA MOU 2022-2025 Page 43
2. CASH-OUT OPTION
Effective January 1, 2020, in order to comply with IRS rules regarding Constructive Receipt, e ligible unit employees requesting to cash out Holiday In -Lieu time must provide a written requ est to Human Resources by December 15 th of the prior year designating the amount of Holiday In -Lieu leave the employee will cash out in the subsequent year. An employee may elect to receive the cash out in any pay period, but the request must be submitted prior to the HR payroll deadline for the pay period in which the payout is being requested . An employee who fails to submit their annual election form is deemed to have requested the maximum cash -out of 112 hours in the first pay period in December.
3. CONVERSION TO DEFERRED COMPENSATION
Eligible unit employees requesting to convert Holiday In -Lieu time to their deferred compensation plan must do so during a quarterly open enrollment period for Deferred Compensation.
4. LIMITATION
At no time shall a unit employee be permitted to receive, in any fiscal year, an excess of one hundred and twelve (112) hours of Holiday In -lieu time through bi -weekly payoff, leave time and/or annual cash out option.
IV. PAYOFF UPON SEPARATION FROM EMPLOYMENT
Upon sep aration from employment, all u nused accrued in -lieu holidays time, up to the maximum, shall be paid to the unit employee at regular rate of pay.
V. VACATION LEAVE
A. ELIGIBILITY FOR VACATION LEAVE
1. All unit employees shall be eligible for vacation leave after serving twelve (12) months of employment with the City.
2. At the comp letion of the twelve (12) month period , the unit employee shall be credited with vacation leave earned during the
ARTICLE FIVE
POA MOU 2022-2025 Page 44 prior twelve (12) month period , including time spent on provisiona l or temporary appointments.
B. ACCRUAL OF VACATION LEAVE
1. Vacation hours shall accrue each pay period at one twenty -sixth (1/26) of the annual rate (i.e., annual accrual rate divided by 26).
2. Exceptions to the maximum allowable accruals may be g ranted by the City Manager or his/her designee, to meet exceptional departmental staffing needs.
3. No vacation shall be authorized, for leave or payment, unless accrued prior to the time for use or payment, except as authorized by the City Manager.
C. TABLE OF VACATION LEAVE BENEFITS
1. The Table of Vacation Leave Benefits shown below sets forth the number of working hou rs per year to which a unit employee is entitled as a vacation leave benefit.
2. The benefit shown in each category shall commence u pon entering the first day of the new category as follows:
TABLE OF VACATION LEAVE BENEFITS
1st
Year
2nd thru 4th
Year
5th thru 14th
Year
15th thru 20th
Year
21st Year and thereafter
40 hours
80 hours
120 hours
160 hours
160 hours, plus 8 hours
per year of service
over twenty (20) years
D. ACCUMULATION OF VACATION LEAVE
1. Vacation time may be accumulated by unit employees to a maximum of twice the annual accumulation of vacation hours for which the unit employee is eligible.
2. Once a unit employee has accrued the maximum amount of vacation leave, no further vacation leave shall be accrued until the unit employee’s level of accrued vacation has been reduced to less than the maximum. At that time, the unit employee shall again begin accruing vacation but at no time may he/she accrue more than the maximum allowed pursuant to this section.
ARTICLE FIVE
POA MOU 2022-2025 Page 45
E. LIMITATIONS
Vacation shall not be used in lieu of accumulated sick leave or when sick leave request is disapproved.
F. BI-WEEKLY PAYOFF OF EXCE SS VACA TION ACCRUALS – NON-
PERSABLE
Vacation time which accumulates in excess of the maximum allowed each employee, shall be paid in cash (non -PERSable) at regular rate of pay on the next regular bi -weekly paycheck, thereby bringing the employee's vacation balan ce to no more than the maximum allowable (except as provided in this Article).
G. VACATION PAYOFF UPON TERMINATION – NON-PERSABLE
1. Any unit employee who terminates employment shall be paid (non - PERSable) for such vacation time accrued at regular rate of pay but unused as of the date of the termination.
2. It shall not be necessary to carry such employee on the payroll for the vacation period.
VI. SICK LEAVE
A. ELIGIBILITY FOR SICK LEAVE
No sick leave shall be granted until the unit employee has completed three (3) full months of service, including time spent on provisional or temporary appointment.
B. ACCRUAL OF SICK LEAVE
Sick leave credit accrues each bi -weekly pay period pro -rated on an annual basis and shall be credited as follows:
Bi-weekly
accrual rate
Monthly
accrual rate
Annual
accrual rate
4 hours
(104 hrs / 26 pay
periods)
8.67 hours 104 hours
C. PROCEDURE, USE AND VERIFICATION OF SICK LEAVE
ARTICLE FIVE
POA MOU 2022-2025 Page 46
1. Sick leave may be taken in increments of one (1) hour or more.
2. Sick leave may be allowed for:
• Personal illness or injury of the employee;
• Serious illness of the employee's spouse , registered domestic partner, or child;
• Medical or dental appointments;
• Cases of quarantine; or
• Where exposure to contagious disease s would endanger the health of other employees.
3. The responsibility for proving the validity of a request for sick leave shall be upon the unit employee.
4. The unit employee shall notify hi s immediate supervisor within one (1) day of the beginning of sick leave, or pursuant to the rules of the Police Department.
5. At the end of the second day of sick leave, Police Management or a supervisor may request verification to be made by a qualified person.
6. For absences of over two (2) days, a medical certificate from a qualified physician, chiropractor or practitioner may be required.
7. Upon return to duty, the unit employee shall present evidence of the necessity of sick leave, if so requested by the Police Management or a supervisor.
D. BI-WEEKLY PAYOFF PLAN: UNUSED SICK LEAVE ACCRUAL (NON-
PERSABLE)
1. When an employee shall have accumulated three hundred and eighty-four hours ( 384) hours of unused sick leave credit, the employee will, thereafter, be eligible for payment in each pay period of a portion of the unused sick leave accrued during the preceding pay period, subject to the following conditions:
ARTICLE FIVE
POA MOU 2022-2025 Page 47
TIER 1:
SICK LEAVE PAYOFF AT THREE HUNDRED AND EIGHTY FOUR (384) HOURS
Bi-weekly
Accrual
Rate
Tier 1
Maximum
Accumulation
Amount of Bi-weekly
Sick Leave Payoff
@ 50%
(Non-PERSable)
Amount of Bi-weekly
Sick Leave Accrued
@ 50%
4 hours
384 hours
2 hrs X hourly rate
(1/2 [50%] of bi-weekly
accrual rate of 4 4 hours)
2 hours
• The unit employee must maintain at least three hundred and eighty four (384) hours of sick leave accruals.
• If the sick leave accrual balance falls below three hundred and eighty four (384) hours at any time, the unit employee will become ineligible for any unused sick leave payment until such time as her/her sick leave accruals again exceed three hundred and eighty four (384) hours.
2. An eligible unit employee may elect on or before December 1 of each year not to participate in the bi -weekly payoff plan and will then accrue unused sick leave for the ensuing calendar year (January through December). However, eligible employees may only accrue to a maximum of seven hundred and twenty (720) hours.
3 a. Unit employees with at least three hundred and eighty four (384) hours but less than seven hundred and twenty ( 720) hours of accrued sick leave may be paid for one -half (50%) of sick leave accrued and unused in each pay period as set forth in the Tier 1 table above.
3b. The remaining unused sick leave in each pay period shall be added to the unit employee’s accruals up to the seven hundred and twenty (720) hour maximum.
3c. Unit e mployees at the maximum accrual of seven hundred and twenty (720) hours, or who reach maximum accrual thereafter, will be paid for three -fourths (75%) of accrued unused sick leave in each pay period and shall forfeit the remaining accruals as set forth in the following Tier 2 table:
ARTICLE FIVE
POA MOU 2022-2025 Page 48
TIER 2:
SICK LEAVE PAYOFF AT SEVEN HUNDRED AND TWENTY (720) HOURS
Bi-weekly
Accrual
Rate
Tier 2
Maximum
Accumulation
Amount of Bi-weekly
Sick Leave Payoff @
75%
(Non-PERSable)
Amount of Bi-weekly Sick
Leave Forfeited
@ 25%
4 hours
720 hours
3 hrs X hourly rate
(3/4 [75%] of bi-weekly
accrual rate of 4 hours)
1 hours
E. SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
FAVORABLE RESIGNATION – (NON PERSABLE)
Unit e mployees who retire or terminate are eligible to convert unused accumulated sick leave accrual to their vacation accrual bank (non- PERSable) on the following basis:
1. With favorable resignation after ten (10) or more years of satisfactory service, one -half (1 /2) of the accumulated sick leave accrual will be converted to the unit employee’s vacation accrual bank.
2. With retirement after ten (10) or more years of satisfactory service, three-fourths (3/4) of the accumulated sick leave accrual will be converted to the unit employee’s vacation accrual bank.
3. With retirement after fifteen (15) or more years of service, one hundred percent (100%) of the accumulated sick leave accrual will be converted to the unit employee’s vacation accrual bank.
F. SICK LEAVE PAYOFF UPON THE DEATH OF AN EMPLOYEE – NON-
PERSABLE
1. Upon a unit employee’s death, his/her beneficiaries or estate shall be entitled to receive the same accumulation and conversion benefit payoff as the unit employee would have received were he/she alive and had favorably resigned or retired.
2. Any payoff under this benefit is non-PERSable.
ARTICLE FIVE
POA MOU 2022-2025 Page 49 VII. PRE-RETIREMENT DISTRIBUTION OF LEAVE ACCRUALS – NON-
PERSABLE
A unit employee giving irrevocable notice of his/her intent to retire within three (3 ) years (36 calendar months) may have accrued leaves (which are otherwise payable upon retirement) distributed in equal installments to his/her paychecks over the months preceding retirement, with a minimum duration of six (6) months and a maximum duration of thirty-six (36) months.
Such distributions may be taken as taxable earnings, or may be used for deposit in the deferred compensation account under the terms of the Section 457 Catch - up provisions.
VIII. MISCELLANEOUS LEAVES WITH PAY
A. BEREAVEMENT LEAVE
1. Any unit employee who is absent from duty because of a death in the immediate family shall be allowed time necessary to be absent with pay for not more than forty (40) hours per incident without deduction from accrued sick leave or vacation.
2. Immediate family is defined as follows:
• Brothers • Sisters
• Children • Spouse
• Child’s Spouse • Spouse’s Brothers
• Grandchildren • Spouse’s Grandparents
• Grandparents
• Parents
• Registered Domestic Partner
• Siblings’ Spouse
• Spouse’s Parents
• Spouse’s Sisters
• Stepchildren
• Stepparents
3. Should the list of specified family members be increased in any other Culver City bargaining unit MOU, the additional provisions shall apply to this unit.
4. The City may require verification of the death of a member of the immediate family. Verification may include any printed record or notice of the death (e.g., newspaper obituary notice, mortuary leaflet or card, etc.).
5. If special circumstance exists wherein a unit employee believes another person reasonably substitutes for one of the foregoing, (i.e., foster parent, legal guardian, foster child, legal ward, etc.) the unit employee must register that special circumstance with the
ARTICLE FIVE
POA MOU 2022-2025 Page 50 Human Resources Department in writing in advance in order to qualify for the bereavement leave.
B. EMERGENCY LEAVE
1. An emergency leave of absence with pay may be granted by Police Management or designee to any unit employee because of family illness, legal matters, non-work-related court appearances, home emergencies (e.g., burst water heat er, or su dden structural damage, etc.), providing the employee may have such leave charged to his/her sick leave, in -lieu (holiday), compensatory time, service award leave or vacation leave accounts.
2. All emergency leaves of absence shall be limited to f orty (4 0) working hours within any calendar year.
3. Verification of all emergency leaves may be required by Police Management.
C. JURY DUTY LEAVE
1. A unit employee called to active jury service during scheduled work days shall receive his/her reg ular co mpensation for such time served to a maximum of ten (10) working days for each jury summons.
2. The unit employee will forfeit jury fees to the City, but shall retain any mileage compensation provided.
3. Unit e mployees working other than a Mon day thr ough Friday daytime schedule may be reassigned to such a schedule during jury duty service if possible.
4. Jury service required on an employee's off -duty day is not compensable by the City, and the unit employee may retain jury compensation for such days.
5. Unit e mployees whose work schedule cannot be modified, whose regular work day may be Saturday or Sunday, and/or who serve jury duty and then work some portion of the same day, shall receive their regular compensation for the scheduled work day and ma y retain jury pay.
6. Jury duty time shall not be considered work time and does not count toward hours worked for the calculation of overtime.
ARTICLE FIVE
POA MOU 2022-2025 Page 51
7. In the event the unit employee is required to serve in excess of ten (10) compensated work days, he /she may use accrued leave and retain excess jury fees for that period.
8. The unit employee shall be responsible for providing proof of jury service upon his/her return to work.
9. Specific procedures for jury duty leave with pay, consistent with this provision, shall be established in City Administrative Policy.
D. OUTSTANDING PERFORMANCE LEAVE
The City may grant up to three (3) days off with pay to unit employees rewarded for outstanding performance, or provide other forms of recognition pursuant to Civil Service Rules.
E. RELIGIOUS SERVICES
1. Unit e mployees shall be permitted to attend or observe religious services, or holidays of major theological importance, which occur during work hours, provided that:
• The work load of the organization so permits; and
• Police Management authorized the absence.
2. Time taken shall be charged to the unit employee's accumulated vacation, in -lieu (holiday), compensatory leave or service award leave time.
F. MILITARY LEAVES OF ABSENCE
Military leave with pay shall be granted in accordance with applicable state law, federal law and municipal law, and applicable City policies.
G. VOTING LEAVE
1. Employees shall be permitted leave to vote as required by California Elections Code Section 14350 -14352, if the em ployee cannot otherwise get to the polling place during non-working hours.
2. Leave may be provided at the beginning or end of the normal work shift, whichever permits the opportunity to vote with minimal interruption of work responsibilities.
ARTICLE FIVE
POA MOU 2022-2025 Page 52
3. Employees shall be required to give a minimum three (3) day notice of the need for leave, obtain advance approval, and submit proof of voting.
4. Voting leave properly requested in advance shall not be denied.
H. SCHOOL ACTIVITY LEAVE
1. Pursuant to California Lab or Code Sections 230.7 and 230.8, parents of school -age children shall be allowed voting leave from their jobs, with or without pay, as may be necessary to participate in school activities such as parent -teacher conferences, disciplinary matters, school programs and related events with their children.
2. Such leave is limited to forty (40) hours per school year, at a maximum of eight (8) hours per month.
3. This limit shall not apply when a unit employee is required to appear in the school of his/her child purs uant to a request from the school administration pertaining to disciplinary action.
4. Unit employees must give reasonable advance notice to the Police Management or designee, to permit work coverage, and may be required to provide documentation from the sch ool tha t the unit employee participated in the activity on the specific date and time.
5. Unit e mployees may take accrued leave with pay (vacation, compensatory time, in -lieu holiday, or service award leave) for School Activity Leave purposes.
I. PAYOFF OF ACCRUALS UPON DEATH OF AN EMPLOYEE – NON-
PERSABLE
1. When separation is ca used by the death of a unit emplo yee, separation pay and other accrued moneys owed shall be paid (non- PERSable) to the designated beneficiary of such employee as filed with the Human Resources Director.
2. If there is no beneficiary, the accruals shall be paid to the deceased employee’s estate.
ARTICLE FIVE
POA MOU 2022-2025 Page 53 IX. LEAVES OF ABSENCE WITHOUT PAY
A. VOLUNTARY LEAVE WITHOUT PAY
1. Any unit employee is entitled to present to Police Management a request for leave of absence without pay not to exceed one (1) year. The unit employee shall indicate the basis of the leave in his/her request.
2. Leaves of absence without pay may be granted for illness exceeding accumulated sick leave, child care ab sences exceeding pregnancy disability leave, special education, special duty for another governmental agency, extension of vacation time, seeking political office or any other reason which is deemed to be in the best interests of City government.
3. Verification of such requests shall be required by Police Management or designee, who shall attach the evidence of verification to the proper form (Personnel Action).
4. Any leave without pay must be approved by the City Manager or designee.
B. CITY INITIATED LEAVE WITHOUT PAY
When the unit employee’s accrued leave time has been exhausted, t he City may place a unit employee on leave without pay for non -disciplinary reasons when the status of the employee, due to injury or other involuntary circumstances, cannot be covered by paid leave time.
C. BENEFIT ELIGIBILITY WHILE ON LEAVE WITHOUT PAY
1. No biweekly period shall be counted for eligibility periods or for the accumulation of vacation or sick leave when the employee is absent on leave without pay including suspension from duty without pay, except when on protected leave, or has a break in service of more than sixty five percent (65%) of the working hours in the biweekly period.
2. An employee on unpa id leave of absence under this s ection shall be res ponsible for the payment of insurance premiums in any month when there is insufficient paid leave available or authorized to maintain benefited status.
ARTICLE FIVE
POA MOU 2022-2025 Page 54 D. LEAVE OF ABSENCE WITHOUT PAY IN EXCESS OF THIRTY (30) DAYS
1. NOTIFICATION TO DEPARTMENT
For an y leave of absence without pay in excess of thirty (30) calendar days, the unit employee shall notify Police Management where he/she can be reached if not at his/her residence of record, and how long the employee will be absent.
2. CORRESPONDENCE
In the abs ence of such written notification, any notice or correspondence to the unit employee shall be mailed or delivered to the unit employee’s residence of record.
3. DURATION OF LEAVE
Unit employees shall be advised of the duration of the approved leave of absen ce with out pay, and that such approval may be cancelled at any time by Police Management and the City Manager if he/she determines that the unit employee:
• is not expected to return by the conclusion of the scheduled leave of absence without pay; or
• the unit employee’s conduct is not consistent with the approved leave of absence without pay; or
• the basis of the leave is no longer valid.
4. CANCELLATION OF LEAVE OF ABSENCE WITHOUT PAY
If the City intends to cancel an approved leave of absence without pay in e xcess of thirty (30) calendar days, the unit employee shall be notified of the City’s intent, and shall be given the opportunity to provide additional information in support of the leave of absence without pay or to return to work, within five (5) working days after receipt of such notice. If the unit employee fails to respond or return to work, he/she shall be deemed to have resigned his/her position.
E. RETURN FROM LEAVE OF ABSENCE WITHOUT PAY EXCEEDING
THIRTY (30) DAYS
1. Upon returning from a leave of abse nce without pay exceeding thirty (30) calendar days, except when on protected leave, the unit employee’s anniversary date shall be adjusted to exclude such
ARTICLE FIVE
POA MOU 2022-2025 Page 55 leave time for the purpose of performance evaluation dates, step increase dates, seniority fo r promotional examinations and benefit accrual calculations.
2. Upon returning from a leave of absence without pay exceeding thirty (30) calendar days, except when on protected leave, due to illness or disability of the employee, the unit employee may be required to provide medical information upon the request of the City’s physician in order to determine the employee’s fitness -for- duty.
3. Failure or refusal to provide medical information, pursuant to this section, may delay the unit employee’s return t o work and constitute grounds for disciplinary action.
X. UNAUTHORIZED LEAVE / ABANDONMENT OF POSITION
1. A unit employee absent without authorization for three (3) or more consecutive work shifts, and who fails to contact Police Management to provide j ustification for the absence, shall be considered to have abandoned his/her position and resigned from City employment as of the end of the third shift of absence.
2. The unit employee shall be notified by Police Management (after Police Management has at tempted to contact/locate the unit employee) that the City considers him/her to be absent without leave, and that, under this section, a separation (resignation) will be processed.
3. Such notification shall be made pursuant to the procedures for notifi cation of intent to discipline as provided in the Civil Service Rules.
4. The unit employee may be reinstated, subject to disciplinary action for other causes, if adequate justification for the absence is provided to Police Management prior to the end of the notification period.
XI. FAMILY MEDICAL LEAVE ACT (FMLA) AND CALIFORNIA FAMILY RIGHTS
ACT (CFRA)
1. This section does not purport to provide all the provisions of law, but summarizes the general intent at the time this MOU was adopted.
2. Specific details of the State and Federal laws relating to FMLA and CFRA are available in the Human Resources Department.
ARTICLE FIVE
POA MOU 2022-2025 Page 56
3. Unit e mployees and department management must contact Human Resources Department to verify current provisions and requirements.
4. Failure to d o so could result in a misunderstanding of rights and obligations, and could cause loss of leave benefits or loss of insurance coverage.
A. ELIGIBILITY FOR FMLA AND CFRA
1. Pursuant to State and Federal laws, employees shall be eligible for Family and Medical Leave of absence (FMLA) for:
• The birth of a child of the employee;
• Disability due to pregnancy – FMLA only;
• The placement of a child with an employee in connection with the adoption or foster care of that employee;
• The care of the employee’s child with a serious health condition; • The care of a spouse or parent with a serious health condition; • The employee's own serious health condition; or
• Any qualifying exigency arising out of a spouse, child or parent called to active military duty.
2. Such leave rights apply to all employees with twelve (12) months or more service with the City prior to the leave request who have worked a minimum of 1,250 hours in the preceding twelve (12) months.
B. EMPLOYEE RIGHTS UNDER FMLA
1. The maximum amoun t of le ave shall be twelve (12) weeks in a twelve (12) month period.
2. The twelve-month period is rolling, and is measured backward from the date leave is used.
3. Leave may be taken as days off, or intermittent or modified work schedules.
4. The unit employee is guaranteed a return to his/her position at the end of approved leave.
5. During the 12 -work week FMLA period, the City shall maintain the employee's medical, dental, life and vision care insurance.
ARTICLE FIVE
POA MOU 2022-2025 Page 57 C. APPROVAL PROCESS FOR FMLA
1. Unit employees mu st give thirty (30) days advance written notice, on a form provided by the City, of the need for such leave, unless the absence could not be anticipated. In such cases, the employee must give notice as soon as possible.
2. Verification by the attending physician or health care provider will be required for absences relating to the unit employee’s or family member's serious health condition.
3. The Human Resources Department shall determine if the leave qualifies under the Family and Medical leave laws, and ma y determine the commencement date.
D. PRIVACY UNDER FMLA
For privacy reasons, the City may not require specific medical diagnosis of a unit employee or family member's health condition.
E. USE OF ACCRUALS WHILE ON FMLA
1. The unit employee shall be required to use sick leave for any FMLA illness or medical -related absence, and may use vacation or other accrued leaves if sick leave has been exhausted.
2. FMLA shall run concurrently with Pregnancy Disability Leave.
F. EXPIRATION OF FMLA
Upon expiration of FMLA, if the unit employee remains on leave, he/she shall be responsible for maintaining his/her insurance benefits, either by use of sufficient accrued paid leave or by payment of the required premiums.
XII. PREGNANCY DISABILITY LEAVE (PDL)
1. Pregnancy Disability Leave of up to four (4) months, with or without pay, shall be provided to unit employees covered herein pursuant to the Fair Employment Housing Act (FEHA).
2. Such leave shall be granted for disability of the unit employee, determined by a physician, for the duration of such disability, provided, however, that the cumulative unpaid leave for disability and non -disability reasons shall not exceed one year.
ARTICLE FIVE
POA MOU 2022-2025 Page 58
3. Pregnancy Disability Leave without pay shall not be granted until accrued sick leave has been exhausted.
4. Unit employees may voluntarily use accrued vacation or other paid leave before commencing unpaid leave.
XIII. PAYOFF OF ACCRUALS UPON CHANGE OF BARGAINING UNIT
1. When a unit employee covered by the terms of this MOU becomes a member of another bargaining unit under a different MOU, he/she shall be paid off at his/her POA base hourly rate for any accrued leave benefit unique to this bargaining unit and shall cease participation in any special pay or other benefit plan of the POA unit.
2. Vacation and sick leave accumulations shall carry over.
3. Thereafter, the employee shall immediately be eligible to accrue such benefits as provided by their new bargaining unit MOU.
ARTICLE SIX
POA MOU 2022-2025 Page 59
ARTICLE SIX
WORKING CONDITIONS
I. SENIORITY
A. SENIORITY LISTS
1. When necessary, t he City shall establish seniority lists and , in certain situations, shall inform each unit employee of their seniority status. Seniority status shall give a unit employee priority preference in work schedules (i.e. days off) and le ave schedules where the City is able to offer employees a choice.
2. Seniority preference shall only apply to leave requests made a minimum of thirty (30) days in advance. Leave requests submitted less than thirty (30) days shall be consid ered in the date and time order in which they were received.
B. SENIORITY WITHIN CURRENT CLASSIFICATION
1. Seniority, as used herein, is determined by the length of service a unit employee has in the position of the current appointment and is applicable for the two purposes stated, in addition to those provided in the City’s Civil Service Rules.
2. When two (2) or more officers are hired on the same date, seniority among those officers shall be based upon the rank order of those officers on the eligible list fro m which they were appointed, with the highest ranking officer being considered the most senior.
II. GRIEVANCE
A unit employee grievance shall be processed as provided for in the City's Civil Service Rules.
III. DISCIPLINE
Disciplining of unit employees shall be as provided for in the City's Civil Service Rules and in accordance with Appendix “B” to this Agreement.
ARTICLE SIX
POA MOU 2022-2025 Page 60 IV. SAFETY RULES
A. PURPOSE
1. It is of mutual benefit to the City and to the unit employees represented in this MOU to be fully aware of all safety rules and regulations regarding employment duties.
2. The intent of this clause is to work towards preventing job -related injuries to unit employees and damage to both public and private property.
B. RESPONSIBILITY
It is the responsibility o f all u nit employees as a condition of employment with the City, to be aware of, to follow and to enforce the City's safety rules, regulations, policies and procedures or be subject to disciplinary action in accordance with the Civil Service Rules.
V. SERGEANT PROMOTIONS
The City agrees to consider Association input regarding the qualifications and procedures for Sergeant promotional examinations.
VI. DRUGS AND ALCOHOL IN THE WORKPLACE
City agrees to amend City Council Policy 4004, "Drugs and Alcoho l in th e Workplace," to define the specific and articulable behaviors which constitute "reasonable suspicion" for drug and alcohol testing, and POA agrees that the policy, as amended, applies to its members, but that random testing will not apply to Association members.
VII. LEGAL DEFENSE
1. CONSULT WITH UNIT EMPLOYEE
In the event a unit employee is named as a defendant in litigation involving conduct in his/her official capacity as an agent for the City, the City Attorney may, at his or her sole discr etion, prior to recommending any settlement of the litigation to the City Council, consult with the employee concerning the proposed settlement and present the employee's oral or written comments concerning the proposed settlement to the City Council at any session at which the settlement is to be discussed.
ARTICLE SEVEN
POA MOU 2022-2025 Page 61
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM OF MEMORANDUM OF UNDERSTANDING
This MOU shall be effective July 1, 2019, except as otherwise provided herein, and together with all the terms, conditio ns and effects thereof, shall expire as of midnight on June 30, 2022.
II. EMERGENCY WAIVER
In the event of circumstances beyond the control of the City, such as acts of God, fire, flood, insurrection, civil disorder, national emergency, or similar circumstances, a s determined by the City, the non-economic provisions of this Memorandum of Understanding which restrict the City’s ability to respond to these emergencies shall be suspended for the duration of such emergencies.
After the emergency is over, the Culver Ci ty Police Officers Association s hall have the right to meet with the City regarding the impact on employees of this suspension of these provisions in this Memorandum of Understanding.
III. SEVERABILITY PROVISION
Should any article, section, subse ction, subdivision, sentence, clause, phrase, or provision of this Memorandum of Understanding be found to be inoperative, void, or invalid by a court of competent jurisdiction, all other provisions of this Memorandum of Understanding shall remain in full force a nd effect for the duration of this Memorandum of Understanding. In the event of such invalidation, the City and the Union agree to meet and confer in good faith to determine an alternative equivalent article, section, subsection, subdivision, senten ce, clause, phrase, or provision.
IV. CIVIL SERVICE RULES/CITY POLICIES
The parties agree that all conditions of employment, as they pertain to unit employees covered by this MOU, subject to meet and confer provided for by the City's Civil Service Rules , Ordin ances, Resolutions, Departmental Rules and Regulations or Policy Statements in effect prior to the date of this MOU, unless specifically provided for to the contrary in this MOU, shall remain in force and effect during the term of this MOU . Any conf licts w ith the City's Civil Service Rules, Ordinances, Resolutions, Departmental Rules and Regulations or Policy Statements shall be considered to have been superseded by this MOU.
ARTICLE SEVEN
POA MOU 2022-2025 Page 62 V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT - WAIVER OF MEET AND CONFER
1. This MOU contains all of the covenants, stipulations, and provisions, agreed upon by the parties.
2. Therefore, during the term of this agreement, except as provided herein, all other compensation and benefits not modified in this agreement shall remain in full force and effect.
3. For the purpose of the MOU neither party shall be compelled to meet and confer with the other concerning any issues, whether specifically discussed prior to the execution of this MOU or which may have been omit ted in the meet and confer process leading up to the execution of the MOU, except by mutual agreement of the parties.
4. Each party acknowledges that it had the full and unlimited opportunity to meet and confer over any issue it either did raise or could have raised and hereby waives the right to meet and confer further during the term of this MOU except as specifically provided herein.
B. COMPLIANCE
If the effective date or the implementation of any benefit in this MOU cannot be adhered to as the result of law, regulation, or policy outside the control of the City, the City will take action on the first date on which it has authority to take action in compliance with such law, regulation, or policy to effectuate the benefit.
C. OBLIGATION TO SUPPORT
The p arties agree that upon tentative agreement being reached on a successor MOU and prior to the implementation of this successor MOU and during the time of its being considered by the City Council for action, neither the Association nor the City nor th eir aut horized representatives will appear before the City Council, nor meet with the City Council members individually to advocate any addition or deletion to the terms and conditions to this MOU. However, this section shall not preclude the parties from appearing before the City Council, nor meeting with individual members of the City Council to advocate or urge the adoption and approval of this MOU.
ARTICLE SEVEN
POA MOU 2022-2025 Page 63 VI. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and the Culver City Police Officers Association acknowledge that this Memorandum of Understanding shall not be in force and effect until ratified by a simple majority vote of unit employees voting who are in classifications represented by the Culver City Police Officers Association set forth in this agreement and adopted in the form of a resolution of the City Council.
B. MUTUAL RECOMMENDATION – APPROVAL OF MOU
This agreement constitutes a mutual recommendation of this new MOU by the parties hereto, to the City Council, that one or more ordinances and/or resolutions be adopted and implemented accepting its provisions and effecting the changes enumerated herein relating to wages, hours, benefits and other terms and conditions of employment for unit employees represented by the Culver City Police Officers Association.
POA MOU 2022-2025 Page 64
PARTIES TO THE AGREEMENT
CULVER CITY POLICE OFFICERS CITY OF CULVER CITY, CA
ASSOCIATION
Rob Wexler, Chief Negotiator John H. Bakhit, Chief Negotiator Labor Attorney Labor Attorney
Stephen Locke, President Onyx Jones
Culver City Police Officers Association Assistant City Manager
John Benjamin Lisa Soghor
Culver City Police Officers Association Chief Financial Officer
________________________________
Brandon Simon Jason Sims
Culver City Police Officers Association Assistant Police Chief
________________________________
Mark Umutyan Dana Anderson
Culver City Police Officers Association Director of Human Resources
Ed Baskaron
Culver City Police Officers Association