Police Management 2022-2025
005528.00040
39072570.1
MASTER MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY
AND
CULVER CITY POLICE MANAGEMENT GROUP
July 1, 2022 through June 30, 2025
Police Management 2022-2025
005528.00040
39072570.1
TABLE OF CONTENTS
ARTICLE ONE Employee and Employer Rights .......................... 2
ARTICLE TWO Salaries and Compensation ................................ 7
ARTICLE THREE Work Periods, Schedules and Overtime ......... 19
ARTICLE FOUR Supplemental Benefits ..................................... 22
ARTICLE FIVE Leaves of Absence ........................................... 37
ARTICLE SIX Working Conditions .......................................... 56
ARTICLE SEVEN General Provisions ......................................... 57
PARTIES TO THE AGREEMENT................................................ 60
ARTICLE ONE
Police Management 2022-2025
2 005528.00040
39072570.1
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CULVER CITY, CALIFORNIA
AND
THE CULVER CITY POLICE MANAGEMENT GROUP
ARTICLE ONE
EMPLOYEE AND EMPLOYER RIGHTS
I. PARTIES TO THE MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding, hereinafter called the "MOU", is made by and between the City of Culver City, California, hereinafter called the "City" and the Culver City Police Management Group (“PMG”), representing the City's sworn police management employee classifications of Chief of Police, Police Captain/Assistant Chief of Police, Police Captai n, and Police Lieutenant, hereinafter called the "Unit Employees." This MOU is made pursuant to the California Government Code Section 3500 et seq.
II. RECOGNITION
The City hereby recognizes the Culver City Police Management Group as the exclusive representative of Chief of Police, Assistant Chief of Police, Police Captain, and Police Lieutenant, hereinafter called the "Unit Employees." III. BARGAINING UNIT CHANGES
Any change in the classes which compose the Police Safety Management Group Employee Unit shall be in accordance with the provisions of the City's Resolution No. 2008-R009, as amended.
ARTICLE ONE
Police Management 2022-2025
3 005528.00040
39072570.1
IV. NONDISCRIMINATION
A. POLICY
No unit employee 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 unit employee shall be interfered with, intimidated, restrained, coerced, employed, promoted, demoted, discharged or in a ny way favored or discriminated against because of the exercise of his or her rights under this MOU or because of political opinions or affiliations, race, religious belief, age, sex, gender orientation, physical or mental disability, color, national origin, ancestry, medical condition, marital status and sexual orientation.
B. GROUP AGREES NOT TO DISCRIMINATE
In accordance with the above policy, the Police Management Group agrees not to discriminate against a unit 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 Police Management Group for any of the above enumerated reasons.
V. DUES DEDUCTIONS
A. DUES / INSURANCE CHECK OFF
1. During the term of this MOU and upo n compliance with such rules and regulations as the City may establish, the Police Management Group 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 unit employee who has filed a written authorization with the Association, that such deduction be made.
2. A fee of ten ($0.10) 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 Police Management Group.
3. A unit employee may cancel a deduction at any time by filing a written authorization - with the Association , that such deduction be discontinued.
ARTICLE ONE
Police Management 2022-2025
4 005528.00040
39072570.1
4. Changes i n 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.
B. INDEMNIFICATION
The Police Management Group agrees to indemnify and hol d 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 Article One, Section V of this MOU.
VI. RIGHTS
A. EMPLOYEE RIGHTS
1. Unit employees of the City shall have the right to form, join, and participate in the activities 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.
2. Unit employees also shall have the right to refuse to join or participate in the activities of employee organizations.
3. No unit employee shall be interfered with, intimidated, restrained, coerced, or disc riminated 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 as to all matters which are necessary to manage, control, and administer the City's operations including, but n ot limited to:
1. Determining the mission of the City'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, taking
disciplinary action;
ARTICLE ONE
Police Management 2022-2025
5 005528.00040
39072570.1
4. Relieving employees from duty 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 works;
9. Regulating the use of all equipment and other property of the City;
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 modifying employee staffing levels including any impacts resulting from changes to staffing levels;
14. Establishing, changing and/or modifying work schedules for employees; and
15. Performing all other functions not specifically de legated to employees elsewhere in this MOU.
C. IMPACT OF MANAGEMENT RIGHTS
1. The City agrees to meet and confer with the Police Management Group over the exercise of these City rights which significantly impact the terms and conditions of employment.
2. If any provision of Subsection “B” above is found to be inapplicable and/or in conflict with a final decision or decree from a court of competent jurisdiction, or State law affecting Culver City, the remainder of this subsection shall continue in effect.
ARTICLE ONE
Police Management 2022-2025
6 005528.00040
39072570.1
VII. PAID TIME OFF FOR POLICE MANAGEMENT GROUP REPRESENTATIVES A. RELEASE TIME
1. Leave of Absence with pay is authorized for representatives of the Police Management Group to attend conferences, meetings, institutes, or similar affairs (in addition to meet and confer sessio ns with City representatives).
2. Such leave is subject to the prior approval of the Police Chief and may be denied if approval impacts police operational coverage.
3. Police Management Group business shall not be conducted by on - duty employee s unless approved by the Police Chief.
ARTICLE TWO
Police Management 2022 – 2025
7 005528.00040
39072570.1
ARTICLE TWO
SALARIES AND COMPENSATION
I. SALARIES
A. SALARY INITIATIVE
1. The parties agree that salary adjustments for unit employees covered herein shall be as provided for by the Police and Fire Initiative Ordinance.
B. SHORT TITLE. This ordinance shall be known as "The Salary Ordinance for Police Officers and Fire Fighters of the City of Culver City." C. DEFINITIONS. The words and terms defined in this section shall have the following meanings in this ordinance:
1. Base Monthly Salary - the compensation attached to the positions occupied by employees of the Police Department or the Fire Department, in the job classifications listed in this ordinance.
Overtime pay, bonuses, longevity, retirement, assignment pay, o r other special pays are excluded.
2. 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.
3. Salary Rate - each hourly salary listed in the Schedule of Salary Ranges adopted by Resolution CS-7714, as amended.
D. SALARIES
1. 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.
2. The salary steps for the classification of Fire Fighter in the Fire Department of the City of Culver City shall be set at an amount not
ARTICLE TWO
Police Management 2022-2025
8 005528.00040
39072570.1
less than the average of Base Monthly Salaries for comparable steps in classifications in the Fire Department of the Cit y of Los Angeles and the Fire Department of the County of Los Angeles.
3. The base monthly 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%
4. The base monthly 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%
5. Notwithstanding subsections 3a. through 3d. of the Salary Initiative Ordinance, 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.
ARTICLE TWO
Police Management 2022-2025
9 005528.00040
39072570.1
6. Whenever Base Monthly Salaries for Police Officers or Fire Fighters are approved for a djustment 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 acco rdance with this ordinance. Said salary adjustments 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.”
E. APPLICABLE LAWS
1. Conditions of employment, except the setting of salaries as herein above stated, are based upon and pursuant to applicable law.
2. If any section of this Ordinance or part thereof shall be declared unconstitutional or illegal for any purpose, then the ill egal section shall not affect the validity or legality of the remaining portion or portions of this Ordinance.
3. Police Unit Employees 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.
F. SALARY CALCULATIONS
1. Continue the intent of the Police Salary Initiative Ordinance to set Police Officer’s salaries at an amount not less than the average of the base monthly salaries of LA City Police Officers and LA County Deputy Sheriff.
2. Only the City Council has the right and the final authority to pay salaries above the average of LA City and LA County if they so desire.
3. Therefore, if the salaries of the Culver City Police Officer are higher than the average of L.A. City Police Officers and L.A.
County Sheriffs, no salary adjustments are required until such time
ARTICLE TWO
Police Management 2022-2025
10 005528.00040
39072570.1
that the Culver City Police Officer salaries fall below the average of L.A. City Police Officers and L.A. County Sheriffs.
4. Then, the salary of the Culver City Police Officers would be raised to the average of the L.A. City Police Officers and L.A. County Sheriffs.
5. In accordance with the Salary Initia tive Ordinance, should the Culver City Police Officers’ salaries fall below the average of LA City Police Officers and LA County Sheriffs, the City Council shall adjust Culver City Police Officers’ salaries within thirty (30) days of the increase from either agency.
G. CLARIFICATION OF PROCESS
It is agreed that these interpretive 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
A. EQUIVALENCY
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 shall be determined by dividing the annual rate by twelve (12) months.
III. FREQUENCY OF PAYCHECK ISSUANCE
A. PAYCHECK ISSUANCE
Unit employees shall be paid bi -weekly, once every two (2) wee ks, either by paycheck or by direct deposit, as elected by the unit employee.
B. MAIL UPON REQUEST
ARTICLE TWO
Police Management 2022-2025
11 005528.00040
39072570.1
The City will, upon request, mail payroll checks for those employees who expect to be away at the regular disbursing time.
IV. RATES OF PAY
The salaried rates of p ay for unit employees shall be based on an hourly rate calculated to the nearest cent.
V. VOLUNTARY 457 DEFERRED COMPENSATION PLAN
A. VOLUNTARY 457 DEFERRED COMPENSATION PLAN
City agrees to provide a 457 deferred compensation plan as a benefit to Police Management employees. The City shall also provide a 401(a) deferred compensation plan to the Police Chief.
1. Plan specifications and details are determined pursuant to IRS Code Section s 457 and 401 (a) and the organizations providing the investment and savin gs program for such deferred
compensation.
2. Plan documents and participation rules are maintained by and available from the Human Resources Department.
B. CITY CONTRIBUTION TO DEFERRED COMPENSATION
1. The City's maximum contribution to deferred compensation shal l be one hundred twenty five dollars ($125.00) per pay period.
2. The maximum City contribution shall only be paid to unit employees contributing a minimum of seventy six dollars and twenty five cents ($76.25) per pay period.
3. The City will contribute a dollar per dollar match for unit employees that contribute less than seventy six dollars and twenty five cents ($76.25) per pay period.
4. The deferred compensation plan is a benefit, and as such the contribution by the City on behalf of the unit employee shall no t change the employee's salary classification range.
ARTICLE TWO
Police Management 2022-2025
12 005528.00040
39072570.1
5. Unit employees may, at their option, contribute in excess of the City's matching contribution per pay period to the plan.
C. CONVERSION OF VACATION HOURS
1. The City will permit unit employees to convert the d ollar value of excess accruals of vacation time, which would otherwise be paid to the employee in his/her paycheck, and prospectively defer the dollar value of such excess accruals to his/her deferred compensation account.
2. The Human Resources Department wi ll assist employees in calculating and arranging such deferrals.
D. CHANGING CONTRIBUTION
1. Unit employees may reduce the amount of their bi -weekly deferred compensation contribution at any time with a minimum of two (2) weeks advance written notice on the appropriate form to the Human Resources Department.
2. Unit employees may increase the amount of their bi -weekly deferred compensation contribution only during quarterly open enrollment.
E. LIMITATIONS
1. The City 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.
2. The City retains the right to change plan administrators and investment vehicles to preserve the integrity of deposited assets, but will discuss proposed changes with affected unit employee organizations prior to making the change.
VI. ACTING PAY
A. ELIGIBILITY
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
ARTICLE TWO
Police Management 2022-2025
13 005528.00040
39072570.1
governing such employe e's position shall be paid in accordance with the step and salary range appropriate for such higher classification. An acting employee will be assigned to work in the acting classification in increments of pay periods and his or her acting compensation sha ll be effective on the first day of the pay period so assigned.
2. During that period of acting service unit employee off on any form of paid leave shall be paid at the acting pay rate for such period of paid leave. Unit employees shall not be paid at the ac ting pay rate for bi-weekly leave payoffs and/or cash-outs.
3. The unit employee’s Department shall submit 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.
VII. POST CERTIFICATE PAY
A. MANAGEMENT POST CERTIFICATE
In accordance with POST requirements Police Lieutenant s, Police Captains, Assistant Chief of Police and Chief of Police who meet the minimum qualifications to possess a Management POST certificate, as approved by the Chief of P olice, shall be eligible to receive twenty percent (20%) over the base hourly rate of their classification.
B. LIMITATIONS
The minimum specified standards shall be at least those prescribed by POST as of the effective date of this agreement.
C. TRANSFER OF POST CERTIFICATE PAY UPON PROMOTION TO
POLICE MANAGEMENT (PERSABLE)
All sworn Police employees who are already or will be promoted to a Police Management Classification (Police Lieutenant, Police Captain, Assistant Police Chief or Police Chief) will receive POST Certificate Pay for
ARTICLE TWO
Police Management 2022-2025
14 005528.00040
39072570.1
the POST Certificate they possess (Advanced or Supervisor) not to exceed the value of the Management POST Certificate Pay as set forth above.
VIII. MANAGEMENT INCENTIVE PAY
A. Unit employees shall receive Management Incentive Pay of twelve percent (12%). This benefit provides eligible unit employees with extra pay in recognition of the unique nature of their jobs and the special skills, knowledge and abilities that are required. The compensation is paid as earned for normally required duties performed during normal work hours.
It is not compensation in lieu of overtime or in lieu of other benefits that are excluded from consideration under the statutes and regulations of the Public Employees’ Retirement System.
B. Management Incentive Pay shall be calculated based upon the unit employee’s base hourly rate plus POST certificate pay.
C. ADDITIONAL MANAGEMENT INCENTIVE PAY INCREASE : In the event LAPD or LASD provides a base salary in crease 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 th at such additional salary increases awarded to LAPD or LASD prior to June 30, 2025, total less than 8.75% (4.375% due to CCPMG per the SIO), the City shall increase the CCPMG’s Management Incentive Pay by the difference between the SIO increase and 4.375% effective July 1, 2024.
Example 1: If 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 CCPMG and the City shall increase the Management Incentive Pay by an additional 1.375% (bringing that benefit to 13.375% effective July 1, 2024 ). If, however, the LAPD negotiated an additional 10% base pay increase in July 2023, then CCPMG members will receive 5% due to the SIO and there shall be no additional increase to the Management Incentive Pay (above the contracted 12%) because the additional SIO exceeded 4.375%.
Example 2: If there were no additional SIO increases prior to July 1, 2024, and CCPMG received a 4.375% increase to the Management In centive
ARTICLE TWO
Police Management 2022-2025
15 005528.00040
39072570.1
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 CCPMG members by 3% (1/2 of LAPD’s raise) retroactively to July 1, 2023, and shall prospectively decrease the Management Incentive Pay by 3%.
IX. PATROL PREMIUM PAY – POLICE LIEUTENANTS
All unit employees within the Police Lieutenant classification who is assigned to Patrol shall receive additional compensation of three percent (3%) above their base hourly rate of pay inclusive of POST pay.
X. LONGEVITY PAY
A. PURPOSE
In recognition of continuous full -time employment as a sworn Culver City Police Department employee, 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
10 $7,000 per year $269.23 per pay period
15 $10,000 per year $384.62 per pay period
20 $18,000 per year $692.31 per pay period
25 $20,000 per year $769.23 per pay period
C. LIMITATIONS
Longevity Pay is not cumulative and shall only be awarded for the highest level of continuous service achieved as specified in the above section.
ARTICLE TWO
Police Management 2022-2025
16 005528.00040
39072570.1
XI. BILINGUAL PAY - LIEUTENANTS
A. PURPOSE
1. The purpose of bilingual pay is to compensate unit employees within the Police Lieutenant classification who provide Arabic and Spanish translation assistance to members of the community.
2. This service is provided through unit employees who have been certified as proficient in the 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 foreign language shall receive special compensation of five percent (5%) above their base hourly rate.
D. LIMITATIONS
1. Qualified unit employees off on an official City holiday or sick leave shall be paid at their regular hourly rate plus bilingual assignment pay for such time taken.
2. Qualified unit employees off on vacation, administrative leave or compensatory time shall not be paid bilingual assignment pay for such time taken.
XII. ASSISTANT POLICE CHIEF/POLICE CHIEF COMPENSATION
The Assistant Police Chief classification shall be compensated fifteen percent (15%) higher than the base hourly rate for Police Captain.
ARTICLE TWO
Police Management 2022-2025
17 005528.00040
39072570.1
The Police Chief classification shall be compensated fifteen percent (15%) higher than the base hourly rate for Assistant Police Chief.
XIII. EDUCATION INCENTIVE PAY
A. PURPOSE
The purpose of Educational Incentive Pay is to:
1. Motivate unit employees to achieve higher education;
2. Enhance career development;
3. Increase the professional standards of the department; and
4. Increase the level of service to the community.
B. COMPENSATION
Unit employees who possess an accredited college degree or accredited college units shall be eligible to receive the following compensation:
Accredited Degree Bi-Weekly Amount
BA / BS $200
MA / MS $400
All compensation for Educational Incentive Pay shall be awarded only for the highest level of degree or educational units achieved – compensation is non-cumulative.
ACCREDITED COLLEGE UNITS
1. College or university units must be from a college or universit y accredited by an organization recognized by the United States Department of Education (USED) or the Council for Higher Education Accreditation (CHEA).
2. Unit employees must provide proof of accredited college units to the City to be eligible to receive Education Incentive Pay.
Education Incentive Pay shall be effective at the beginning of the pay period that includes the date that proof of eligibility was submitted.
ARTICLE TWO
Police Management 2022-2025
18 005528.00040
39072570.1
XIV. TUITION REIMBURSEMENT
The City agrees to reimburse unit employees up to two hundred fifty dollars ($250) per applicable accredited college unit, plus the actual costs of books, registration fees and parking permit fees, pursuant to Administrative Policy II -08, as amended. For reimbursement requests after ratification of this agre ement by City Council, the per unit rate of reimbursement shall increase to three -hundred dollars ($300) per applicable accredited college unit , plus the actual costs of books, registration fees and parking permit fees.
ARTICLE THREE
Police Management 2022 – 2025
19 005528.00040
39072570.1
ARTICLE THREE
WORK PERIODS, SCHEDULES AND OVERTIME
I. EXEMPT FROM OVERTIME
A. EXEMPT
All Police Management positions covered herein are considered exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
B. UNDERSTANDING
The Police Management Group understands and agrees it is the nature of Management work assignments that some incidental overtime may be periodically required to accomplish City functions.
II. WORK SCHEDULES
A. CITY WORK SCHEDULES
The work schedule for unit employees shall be defined as follows:
4/10 Work Schedule
The 4/10 work schedule shall consist of a forty (40) hour week schedule consisting of four (4) consecutive days of ten (10) consecutive paid work hours each in a seven (7) consecutive calendar day period. Each work shift shall be inclusive of paid breaks and one paid 30-minute meal period.
MODIFYING WORK SCHEDULES
Modification to work schedules may be made by meeting and conferring with the City and Police Management Group representatives.
B. ADJUSTING WORK SCHEDULES
Police Management employees may adjust t heir work schedule as approved by the Police Chief or designee.
ARTICLE THREE
Police Management 2022-2025
20 005528.00040
39072570.1
III. SUPPLEMENTAL COMPENSATION
A. FILMING AND SPECIAL EVENT ASSIGNMENTS
As specified in Article Three Section I. A., Police Management are exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
Notwithstanding, unit employees that hold the permanent classification of Police Lieutenant, as of the effective date of the side letter agreement adopted by Resolution No. 2016-R022, shall be assigned to provide public safety for filming and other special events taking place within the Culver City boundaries in accordance with Culver City Municipal Codes §
11.14.035 and § 17.520.030 (Filming and Special Event Assignments).
When needed, Filming and Special Event Assignments shall be assigned by the Chief of Police or designee. Said 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 assignment, the Chief of Police or designee may order unit employees to 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 Assignments shall receive overtime compensation as follows:
Filming Assignments Special Event Assignments
Monday – Friday 1.5 x Hourly
Rate*
Monday – Friday 1.5 x Hourly Rate*
Saturday – Sunday, recognized
holidays and weekday
assignments beyond 12 hours
2 x Hourly Rate* Saturday – Sunday, recognized
holidays and weekday
assignments beyond 12 hours
2 x Hourly Rate*
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
* Hourly Rate shall be defined as the base hourly pay rate of Police Sergeant plus the Supervisory POST Certificate rate and the Special Assignment Pay rate.
ARTICLE THREE
Police Management 2022-2025
21 005528.00040
39072570.1
2. LIMITATIONS
a. Police Lieutenants are prohibited from being considered for any Filming or Special Event Assignment while on any Leave of Absence from the City.
b. Police Lieutenants shall receive overtime compensation when assigned to work Filming and Special Event Assignments.
Nonetheless, overtime compensation for said assignments shall not change the unit employee’s exempt status under the FLSA. c. Unit employees promoted to a probationary or permanent Police Lieutenant classification after the effective date of the side letter agreement adopted by Resolution No. 2016-R022, shall be precluded from receiving overtime compensation for working any Filming and Special Event Assignment. He/she may be assigned Filming and Special Event Assignments as part of his/her regular duties at the discretion of the Chief of Police or designee.
ARTICLE FOUR
Police Management 2022 – 2025
22 005528.00040
39072570.1
ARTICLE FOUR
SUPPLEMENTAL BENEFITS
I. RETIREMENT
A. PERS RETIRMENT BENEFITS
As of the effective date of this M.O.U. the City agrees to provide retirement benefits under the California Public Employees' Retirement System as follows:
GOVERNMENT
CODE SECTION
BENEFIT
20037
For unit employees
hired on or after January 1, 2012:
Three Year Final Compensation : Final
compensation is the average full -time monthly pay
rate for the highest thirty -six (36) consecutive
months.
20042
For unit employees
hired prior to January 1, 2012:
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.
21042
Military Service Credit: Unit employees may elect to
purchase up to four (4) years of service credit.
21329
Two percent (2%) Annual COLA – Limitations on
Adjustments, per CalPERS regulations
ARTICLE FOUR
Police Management 2022-2025
23 005528.00040
39072570.1
GOVERNMENT
CODE SECTION
BENEFIT
21363.1
3% at Age 55 : Base retirement plan of three
percent (3%) at age 55 for all unit employees hired
on or after January 1, 2012.
21362.2
3% at Age 50 : Base retirement plan of three
percent (3%) at age 50 for all unit employees hired
prior to January 1, 2012.
7522.25(d)
2.7% at Age 57: Base retirement plan of 2.7% at
age 57 for all u nit employees hired on or after
January 1, 2013 who are new members as defined
in Government Code Section 7522.04(f).
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. CITY PAID NINE PERCENT (9%) PERS EMPLOYEE RETIREMENT
CONTRIBUTION
A. PERS EMPLOYEE RETIREMENT CONTRIBUTIONS
Except as may be provided for herein, the City shall pay to the Public Employees' Retirement System (PERS) for the account of each employee covered by this MOU the amount of the employee's retirement contribution as required by Government Code Section 20678, which is currently nine percent (9%) of eligible compensation.
ARTICLE FOUR
Police Management 2022-2025
24 005528.00040
39072570.1
B. PERS BENEFIT PROVIDED BY GOVERNMNET CODE SECT ION 20636 (c) (4)
Effective January 1, 2012, pursuant to Government Code section 20636 (c) (4), the City shall continue to pay and begin reporting to CalPERS as compensation earnable the monetary value of contributions, known as “employer-paid member contr ibutions”, paid by the City on behalf of each unit employee.
In the event that legislation prohibits public agencies from paying any portion of the employees’ required CalPERS member contribution and/or reporting as compensation earnable to CalPERS the mo netary value of employer-paid member contributions such that members’ final compensation is augmented by the value of the employer -paid member contributions, the parties agree to concomitantly increase Supervisory and Management POST certificate pays by 3% in lieu of City paying for such contributions and thus participating in Government Code section 20636 (c) (4), terminating any cost sharing pursuant to subparagraph D, below, and having all unit employees pay their share of employees’ required CalPERS member contributions .
Unit employees hired after January 1, 2012 shall be responsible for the 9% payment of the PERS member contribution rate and shall not be subject to Government Code section 20636 (c) (4).
The City hereby adopts the provisions of IRC Se ction 414(h)(2). Any payment or pick up of required member contributions set forth in this Section shall be regarded as “pre-tax” in accordance therewith.
C. CALPERS EMPLOYEE CONTRIBUTION FOR “NEW MEMBER”
EMPLOYEES HIRED ON OR AFTER JANUARY 1, 2013 AND DEFINED
AS SUCH IN ACCORDANCE WITH GOVERNMENT CODE SECTION
7522.04(f)
1. Unit employees defined as new members by PEPRA are covered under the 2.7% at age 57 ret irement 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 was 11.75% per the CalPERS 2020 Safety Actuarial Valuation Report.
ARTICLE FOUR
Police Management 2022-2025
25 005528.00040
39072570.1
3. The City has adopted the CalPERS resolution in accordance with Internal Revenue Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis.
D. SOCIAL SECURITY EXCLUDED
This does not include Social Security nor any special or additional contribution to PERS contracted for by the employee.
E. COST SHARING
In accordance with Government Code §20516(f), “Classic Member” unit employees hired prior to January 1, 2012 shall share the costs of optional benefits. Said unit employees shall pay a total of 9% of the PERS employer contribution rate. Participation in Cost Sharing shall be mandatory and said contributions shall be designated as employee contributions.
F. ADDITIONAL COST SHARING
Employer contribution requirements are calculated and adjusted annually by CalPERS. The total employer contribution requirement is comprised of the Employer Normal Cost Rate (a percentage) and the Employer Payment of Unfunded Liability (a fixed dollar amo unt). The Employer Payment of Unfunded Liability is converted to a percentage by dividing by CalPERS projected payroll. Adding the Employer Normal Cost Rate to the percentage equivalent of the Employer Payment of Unfunded Liability results in the Total E mployer Contribution Rate. The Total Employer Contribution Rate for FY 22-23 is 69.13%. In the event that the employer contribution rate exceeds 50%, the City and PMG have agreed that unit employees shall pay 50% of the increase up to a maximum of 5%. For example, should the employer contribution rate increase to 62% of pensionable income, the employees shall pay 5% of pensionable income (their cap) and the City shall pay the remaining 57% of pensionable income.
G. TAX LIMITATIONS
Cost Sharing contributions shall be made on a pre -tax basis unless and until a Private Letter Ruling (PLR) by the Internal Revenue Service is issued to the City by the Internal Revenue Service designating that the payments must be post-tax.
ARTICLE FOUR
Police Management 2022-2025
26 005528.00040
39072570.1
The City does not warrant that this contribution is "qualified" for tax deferral and is not to be held liable for such tax payments as may be determined assessable.
The City has retained specialized legal counsel in order to render a written opinion as to whether or not said employee contributions to the employer contribution rate can be considered on a “pre -tax” basis. The rendered legal opinion is supportive of City treatment of said contributions as “pre - tax”; therefore, the City shall take the steps necessary, includ ing adoption of appropriate City Council resolution(s), to allow the Payroll Section to treat these distributions as “pre-tax”. It is expressly understood and agreed to by the parties that the City has no authority or jurisdiction by which to bind CalPERS, the Internal Revenue Service (IRS), the Franchise Tax Board or any other agency (collective “Entities”) to a determination that such contributions are indeed “pre -tax”. Thus, the parties agree and acknowledge that the City shall have no liability to any i ndividual unit employee or collective bargaining unit, should any of the aforementioned Entities reject treatment of said contributions as “pre-tax”.
III. PRE-RETIREMENT DISTRIBUTION OF LEAVE ACCRUALS – NON-
PERSABLE
A. IRREVOCABLE NOTICE
A unit employee giving ir revocable 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.
B. DISTRIBUTIONS
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.
C. NON-PERSABLE
Such distributions are not reportable to PERS as compensation and will not affect PERS retirement benefits.
ARTICLE FOUR
Police Management 2022-2025
27 005528.00040
39072570.1
IV. MEDICAL INSURANCE
A. MEDICAL INSURANCE – PERS MEDICAL PLANS
The City contracts with the Public Employees’ Retirement 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’ Medic al 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. Inclusive of the statutory minimum, flexible benefits shall be provided as follows.
The City and PMG must mutually agree in writing to change from PERS Health Care to another health care plan.
It is understood that no significant changes in benefit levels will occur without meeting and conferring with PMG.
B. CAFETERIA PLAN
The City shall implement a full flex cafeteria plan in accordance with IRS Code Section 125 for all active employees. Unit employee s 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 following health care benefits shall be offered through the cafeteria plan: medical, d ental, vision and life. The monthly dollar allowance for 2022, which is inclusive of the statutory PEMHCA minimum of $149/month, shall be:
Employee only: $825.00
Employee + 1: $1,452.00
Family: $1,817.00
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. After the mandatory insurance has been purchased, the employee has the option to waive the other
ARTICLE FOUR
Police Management 2022-2025
28 005528.00040
39072570.1
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 monthly flex dollar allowance, the balan ce will be paid by the employee through automatic pre-tax payroll deduction, as permitted under IRS Code Section 125.
Effective each January 1 st the City will contribute up to an additional 4% towards the increased cost of medical premiums in a calendar year to employees’ flex cafeteria plans. The average percentage 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 City -offered CalPERS heal th-care plans for the current year from the average cost of Los Angeles area Basic (non -Medicare) premiums for all available City -offered CalPERS h ealth-care plans for the upcoming year. If this percentage is less than 4%, then the City allowances shall b e increased by that actual 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 continue 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)
1. Unit employees may elect to not participate in the City’s medical insurance program (i.e., “Opt Out”). The intent of this provision is to share premium savings that the City will derive as a result of a unit employee canceling City coverage.
2. Upon proof of other coverage, unit employees who “Opt -Out” shall be allotted the value of single -party flex dollars toward other items in the full flex cafeteria plan or convert it to taxable income.
D. PROOF OF COVERAGE / WAIVE CITY LIABILITY
Unit employees electing to waive City medical insurance coverage for themselves and any eligible family members must provide proof of coverage that meets ACA requirements through another benefit plan (e.g.,
ARTICLE FOUR
Police Management 2022-2025
29 005528.00040
39072570.1
spouse's coverage), and must waive any liability to the City for their decision to cease coverage under the City’s medical insurance plan.
E. EMPLOYEE SPOUSES/ REGISTERED DOMESTIC PARTNERS/
DEPENDENTS
1. For medical insurance plans, when a unit employee is the spouse of another ben efited City employee, 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
applicable and the remaining employee may opt -out as
outlined above.
2. Dependents of City employees, that are also employed by the City, may not participate in opt out unless he/she is able to provide proof of coverage through another (non-City) benefit plan.
F. RE-ENROLLMENT IN CITY MEDICAL INSURANCE PLAN
1. After electing to opt out, 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 V.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.
G. RETIREE MEDICAL INSURANCE
1. The City’s monthly contribution for medical insurance provided through the PERS Health plan, “Grandfathered” employees , shall be as follows:
All plans except PERSCare:
• City shall pay ninety-five percent
(95%) of the monthly medical
PERSCare Plan:
• City shall pay seventy
percent (70%) of the
ARTICLE FOUR
Police Management 2022-2025
30 005528.00040
39072570.1
plan premium; and
• Retirees shall pay five percent
(5%) of the monthly medical
plan premium.
monthly PERSCare
premium; and
• Retirees shall pay thirty
percent (30%) of the
monthly PERSCare
premium.
“Grandfathered employees” is defined as unit employees that, as of December 31, 2011, have twenty (20) or more years of CalPERS service (excluding “Air Time”) or, unit employees that retire on or before January 1, 2022 with twenty -five (25) years or more of Culver City service.
All other unit e mployees that promote into the Police Management Group (PMG) from the Culver City Police Officers’ Association (CCPOA) after December 31, 2011 shall continue to be eligible to receive the Longevity Retiree Medical Stipend as indicated in Article Four, Sect ion IV. G. 2 below. 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 medical premi um until the dependent is no longer eligible to be carried.
2. The City’s monthly contribution for medical insurance provided through the PERS Health plan, for employees hired prior to July 1, 2011 that retire on or after January 1, 2012, shall be as follows:
Upon retirement with a minimum of 5 years City service, emp loyees who were hired prior to July 1, 2011 shall be eligible to receive, inclusive of the PEMHCA minimum, up to $ 675.32/mo based on plan enrollment for retiree only; and pre -65 spousal/dependent coverage shall be provided up to an additional $ 589.47/mo su bject to vesting.
Vesting for pre-65 spousal/dependent coverage is contingent upon the employees’ years of City service at retirement such that the additional amount for pre -65 spousal/dependent coverage vests as follows: 6 years = 20%, 7 years = 40%, 8 ye ars = 60%, 9 years = 80%, 10 years
ARTICLE FOUR
Police Management 2022-2025
31 005528.00040
39072570.1
= 100%). Upon retirement with 10 or more years of service, 100% of the pre -65 spousal/dependent coverage is vested. Entitlement to spouse/dependent coverage is dependent upon that coverage having been selected at the time of retirement.
Each January 1st, the City’s contribution towards retiree medical insurance shall increase by up to 4% annually, based on the average percentage increase of CalPERS rates. If the average percentage 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 percentage 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 City -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 ye ar and dividing the difference by the current year average cost, as defined above. If this percentage is less than 4%, then the City allowances shall be increased by that actual percentage. If this percentage equals or exceeds 4%, the City allowances shal l 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 insu rance 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 retirement, employees shall be eligible to receive a City contribution for retiree medical in accordance with the minimum established by Government Code 22892. The statutory minimum amount for 2022 is $149/mo.
4. The City shall make available a retiree health care trust (RHS) to enable employees to prefund retiree health care expenses while employed by the City. Mandatory employee participation of $25 per pay period is required.
ARTICLE FOUR
Police Management 2022-2025
32 005528.00040
39072570.1
The City shall match the first $25 per pay period of the employee contribution to the RHS. The individual accounts can be utilized after separation of service for rei mbursement of all qualified medical expenses, including 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 Savings Trust shall reimburse expenses in accordance with the Internal Revenue Code. PMG understands that changes to contributions and/or disbursements from the RHS can change at any time pursuant to federal laws and regulations.
V. DENTAL INSURANCE
1. The City shall continue contracting for the current dental insurance program. Any alternate program must provide substantially identical benefits, unless otherwise agreed by the parties during the meet and confer process. 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 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.
VI. VISION CARE INSURANCE
1. The City shall continue contracting for the current vision insurance program. Any alternate program must provide substantially identical benefits, unless otherwise agreed by the parties in the meet and confer process. 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
ARTICLE FOUR
Police Management 2022-2025
33 005528.00040
39072570.1
• 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 program for Term Life Insurance Group coverage of $50,000. Any alternate program must provide substantially identical benefits, unless otherwise agreed by the parties in the meet and confer process.
VIII. CITY RIGHTS – CONTENT AND CONTRACTORS
1. The City retains the exclusive right to determine the content and contractor(s) for dental, vision and life insurance plans, and any other employee benefits except as otherwise provided for in this MOU.
2. The Ci ty agrees to consult with representatives of PMG over any City - proposed change in the benefit levels of dental, life or vision care insurance during the term of this agreement.
3. It is understood that no significant changes in benefit levels will occur without meeting and conferring with PMG.
IX. 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 (Section 125), as amended. Under Section 125, the maximum annual amount an employee may contribute on a pre-tax basis is statutorily set.
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 protection. Qualified dependents are children under age 13, disabled spouses and other dependen ts who are physically or mentally incapable of self - care, and who regularly spend at least eight hours each day in the taxpayer's household.
ARTICLE FOUR
Police Management 2022-2025
34 005528.00040
39072570.1
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 for th by the Internal Revenue Service.
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.
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 approved by the Chief of Police or designee.
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) working days following the death.
XI. PHYSICAL WELL-BEING
A. PURPOSE
The parties agree that the physical well -being of an employee is a mutual benefit to the City and the employee.
B. ALLOWANCE
Police Management employees, as conditions of their employment, may be required to undergo an annual physical examinations at the City's expense.
ARTICLE FOUR
Police Management 2022-2025
35 005528.00040
39072570.1
If the Human Resources Director and the P olice Chief agree that the annual physical examination is optional, the Police Management unit employee may elect to waive the annual physical examination appointment and receive an annual allowance of $550 effective on the first full pay period after July 1st.
The Physical Well -being benefit is recommended to be used for one (1) or more of the following purposes:
a. Medical examination by the health provider of the
employee's choice.
b. Membership in a health club or fitness center.
c. Other formal wellness programs provided by professionals (smoking cessation, weight control, nutrition, or similar programs).
d. Reimbursement for employee or eligible dependent medical expenses (deductibles or co -payments) not covered by the employee’s health, dental or vision insurance.
XII. UNIFORM ALLOWANCE
A. ANNUAL UNIFORM ALLOWANCE
The City will provide all unit employees an annual lump -sum payment of one thousand and sixty dollars ($1,060.00) in the first paycheck in January each year for uniform replacement and maintenance for the upcoming calendar year. Effective at the start of the pay period containing J uly, 1, 2022, the City agrees to increase the annual uniform allowance to sixteen hundred dollars ($1,600).
Since unit employees already received the lump-sum payment of $1 ,060.00 in January 2022, unit employees shall receive 1/26 th of the difference between $1,060.00 and $1,600.00 (i.e., $540.00), or $20.77 per pay period , between July 1, 2022, and December 31, 2022. Effective beginning January 1, 2023, employees shall begin to receive $61.54 per pay period.
B. NEWLY PROMOTED POLICE MANAGEMENT EMPLOYEE
An employee newly promoted on or after the effective date of this Agreement shall be eligible for reimbursement up to three hundred twenty-five dollars ($325) to provide one dress uniform (those items determined by the Police Chief which are not part of the uniform required prior to promotion). Such
ARTICLE FOUR
Police Management 2022-2025
36 005528.00040
39072570.1
reimbursement shall be made at the successful completion of the probationary period.
C. PERSABLE – UNIFORM ALLOWANCE
The value of uniform allowances shall be reported to PERS as compensation as required by law.
XIII. SAFETY EQUIPMENT
The City will furnish and replace, as needed, all items of safety equipment required under the applicable sections of the Government Code. Safety equipment items purchased by the City pursuant to this section are and at all
times shall remain City property and shall be returned to the City upon termination of employment with the Culver City Police Department.
ARTICLE FIVE
37 005528.00040
39072570.1
ARTICLE FIVE
LEAVES OF ABSENCE
I. POLICY
A. It shall 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 LEAVES
A. ACCUMULATION OF LEAVE
1. The unit employee's anniversary date (date of original benefited employment, adjusted for breaks in service) shall determine the category of leave accumulation.
2. Unit employees shall continue to accrue leave benefits when on any authorized leave with pay.
B. USE OF LEAVE
1. Leave shall be taken in multiples of one half (½) hour.
2. Upon approval, unit employees can take up to the total amount of accumulated leave credit.
3. Charges against vacation, holiday in lieu or sick leave credit accrual shall be made for only regularly scheduled work day hours.
C. ADVANCE OF VACATION OR SICK LEAVE
A request for one (1) year's advance of vacation or sick leave accrual may be approved for use by the Police Chief and City Manager.
ARTICLE FIVE
38 Police Management 2022-2025
005528.00040
39072570.1
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. Wherever 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.
3. When conditions prevent a prior request, the unit 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 LEAVE REQUEST
Failure to file a prior request, in the absence of extenuating conditions, shall be grounds for disciplinary action.
III. 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 co mpletion of the twelve (12) month period of employment with the City, the unit employee shall be
credited with vacation leave earned during the prior twelve (12) month period, including time spent on provisional 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
granted by the City Manager or his/her designee, to meet exceptional departmental staffing needs.
ARTICLE FIVE
39 Police Management 2022-2025
005528.00040
39072570.1
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 hours per year to which a unit employee is entitled as a vacation leave benefit.
2. The benefit shown in each category shall commence upon entering the first day of the new category as follows:
1st thru
4th Year
5th thru
14th Year
15th thru 19th
Year
20th Year and
thereafter
80 hours
120 hours
160 hours
192 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.
E. LIMITATIONS
Vacation shall not be used in lieu of accumulated sick leave or when sick leave request is disapproved.
ARTICLE FIVE
40 Police Management 2022-2025
005528.00040
39072570.1
F. BI-WEEKLY PAYOFF OF EXCESS VACATION ACCRUALS –
NON-PERSABLE
Vacation time which accumulates in excess of the maximum allowed each unit employ ee, shall be paid in cash (non - PERSable) on the next regular bi -weekly paycheck, thereby bringing the employee's vacation balance to no more than the maximum allowable (except as provided in this Article).
G. VACATION PAYOFF UPON TERMINATION – NON-PERSABLE
Any unit employee who terminates employment shall be paid (non-PERSable) for such vacation time accrued but unused as of the date of the termination.
It shall not be necessary to carry such unit employee on the payroll for the vacation period.
IV. IN-LIEU OF HOLIDAYS
A. BI-WEEKLY ACCRUAL RATE
Effective the start of the pay period containing July 1, 2022, unit employees 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
ARTICLE FIVE
41 Police Management 2022-2025
005528.00040
39072570.1
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 , at the
employee's base hourly rate plus the employee’s Peace
Officer Standards and Training (“POST”) pay at the time of the cash-out.
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 plus the employee’s Peace
Officer Standards and Training (“POST”) pay at the time of the cash-out (non-PERSable).
2. CASH-OUT OPTION
Effective January 1, 2023, in order to comply with IRS rules regarding Constructive Receipt, eligible unit employees requesting to cash out Holiday In -Lieu time must provide a written request 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, and must identify the pay period in the written request subm itted by December 15 th of the prior year. 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
ARTICLE FIVE
42 Police Management 2022-2025
005528.00040
39072570.1
during a quarterly open enrollment period for Deferred
Compensation.
4. LIMITATION
At no time shall a unit employee be permitted to receiv e, 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.
V. PAYOFF UPON SEPARATION FROM EMPLOYMENT
Upon separation from employment, all unused accrued i n-lieu holidays time, up to the maximum, shall be paid to the unit employee at regular rate of pay.
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)
8.66 hours
104 hours
C. PROCEDURE, USE AND VERIFICATION OF SICK LEAVE
1. Sick leave may be taken in increments of one (1) hour or more.
2. With proper verification, sick leave may be allowed for:
• Personal illness or injury of the unit employee;
ARTICLE FIVE
43 Police Management 2022-2025
005528.00040
39072570.1
• Authorized Emergency Leave;
• Serious illness of the employee's spouse, State
registered domestic partner, or child;
• Medical or dental appointments;
• Cases of quarantine; or
• Where exposure to contagious diseases would
endanger the health of other employees.
3. Vacation time may not be used for disapproved sick leave.
4. The responsibility for proving the validity of a request for sick leave shall be upon the unit employee.
5. The unit employee shall notify his immediate supervisor within one (1) day of the beginning of sick leave, or
pursuant to the rules of the Police Department.
6. At the end of the second day of sick leave, the Police Chief or designee may request a medical certificate from a
qualified physician, chiropractor or practitioner.
7. Upon return to duty, the unit employee shall present evidence of the necessity of sick leave, if so requested by the Police Chief or designee.
D. BI-WEEKLY PAYOFF PLAN: UNUSED SICK LEAVE ACCRUAL
(NON-PERSABLE)
1. When a unit employee has accumulated three hundred and eighty-four hours (384) hours of unused sick leave credit, the unit employee will, thereafter, be eligible for payment in each pay period for a portion of the unused sick leave
accrued during the preceding pay period, subject to the following conditions:
ARTICLE FIVE
44 Police Management 2022-2025
005528.00040
39072570.1
TIER 1:
SICK LEAVE PAYOFF AT THREE HUNDRED AND EIGHTY FOUR
(384) HOURS
Bi-
weekly
Accrual
Rate
Tier 1
Maximum
Accumulati
on
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 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 his/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. 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.
a. The remaining unused sick leave in each period
shall be added to the unit employee’s accruals up to
the seven hundred and twenty (720) hour maximum.
b. Unit employees at the maximum accrual of seven
hundred and twenty (720 ) hours, or who reach a
ARTICLE FIVE
45 Police Management 2022-2025
005528.00040
39072570.1
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:
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%
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 hour
E. SICK LEAVE CONVERSION PAYOFF UPON RETIREMENT OR
FAVORABLE RESIGNATION – (NON PERSABLE)
1. Unit employees who retire or terminate are eligible to convert unused accumulated sick leave accrual to their
vacation accrual bank (non -PERSable) on the following
basis.
2. With retirement or favorable resignation after 10 years (120 months) or more years of City service, all accumulated sick leave accruals will be converted to the unit employee’s vacation leave 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.
ARTICLE FIVE
46 Police Management 2022-2025
005528.00040
39072570.1
2. Any payoff under this benefit is non-PERSable.
VII. WORKERS' COMPENSATION
A. ELIGIBILITY – LABOR CODE SECTION 4850
When a unit employee covered herein is injured in the course of employment and unable to work, he/she may be placed on a paid leave of absence pursuant to the Worker's Compensation laws of the State of California and Labor Code Section 4850 (“4850 time”).
B. EXPIRATION OF 4850 TIME
If a unit employee is medically unable to return to work after expiration of their 4850 time, the unit employee may supplement temporary disability payments with their accrued sick leave, holiday in-lieu time, and accrued vacation leave, if any, to continue on paid leave.
C. EXPIRATION OF TEMPORARY DISABILITY PAYMENTS
When a disabled unit employee's temporary disability payments stop, the unit employee may elect to utilize accrued accumulated sick leave, holiday in -lieu time, or accrued vacation leave, if any, credits to continue on paid leave, subject to normal deductions.
D. DISABILITY RETIREMENT APPLICATION
The City or affected unit employee may initiate a disability retirement application subject to PERS law.
VIII. MISCELLANEOUS LEAVES WITH PAY
A. ADMINISTRATIVE LEAVE
Unit employees shall receive 60 hours of administrative leave each fiscal year, effective the first full pay period after July 1st. Administrative leave shall be used at the employee’s discretion. Administrative leave time is not accrued and has no cash value.
ARTICLE FIVE
47 Police Management 2022-2025
005528.00040
39072570.1
B. BEREAVEMENT LEAVE
1. Any unit employee who is compelled to be absent from duty because of a death in the immediate family shall be allowed time necessary to be absent with pay for the
equivalent of the employee’s regular work schedule, not to exceed 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. If additional leave time is required, the unit employee may request sick leave, or vacation time.
4. 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.
5. 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 de ath (e.g., newspaper obituary notice, mortuary leaflet or card, etc.).
6. 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
ARTICLE FIVE
48 Police Management 2022-2025
005528.00040
39072570.1
special circumstance with the Human Resources
Department in writing in advance in order to qualify for the bereavement leave.
C. EMERGENCY LEAVE
1. An emergency leave of absence with pay may be granted by Police Chief or designee to any unit employee because of family illness, legal matters, non -work-related court appearances, home emergencies (e.g., burst water heater, or sudden structural damage, etc.), providing the employee may have such leave charged to his/h er sick leave, in -lieu (holiday), compensatory time, service award leave or
vacation leave accounts.
2. All emergency leaves of absence shall be limited to twenty - four (24) working hours within any calendar year.
3. Verification of all emergency leaves may be re quired by Police Chief or designee.
D. JURY DUTY LEAVE
1. A unit employee called to active jury service during scheduled work days shall receive his/her regular
compensation 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 employees working other than a Monday through
Friday daytime schedule may be reassigned to such a
schedule during jury duty service if possible, or to another schedule compatible with employee and department
interests.
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 employees whose work schedule cannot be modified, whose regular work day may include Saturday or Sunday,
and/or who serve jury duty and then work some portion of
ARTICLE FIVE
49 Police Management 2022-2025
005528.00040
39072570.1
the same day, shall receive their regular compensation for the scheduled work day and may 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.
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 a nd 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 C ity
Administrative Policy.
E. 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.
F. RELIGIOUS SERVICES
1. Unit employees 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 Chief or designee 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.
G. 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.
ARTICLE FIVE
50 Police Management 2022-2025
005528.00040
39072570.1
H. VOTING LEAVE
1. Employees shall be permitted leave to vote as required by California Elections Code Section 14350 -14352, if the
employee 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.
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.
I. SCHOOL ACTIVITY LEAVE
1. Pursuant to California Labor Code Sections 230.7 and 230.8, parents of school -age children shall be allowed 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 pursuant to a
request from the school administration pertaining to
disciplinary action.
4. Unit employees must give reasonable advance notice to the Police Chief or designee to permit work coverage, and may be required to provide documentation from the school that the unit employee participated in the activity on the specific date and time.
5. Leave properly requested in advance shall not be denied.
6. Unit employees may take accrued leave with pay (vacation, compensatory time, in-lieu holiday, or service award leave) for School Activity Leave purposes.
ARTICLE FIVE
51 Police Management 2022-2025
005528.00040
39072570.1
J. PAYOFF OF ACCRUALS UPON DEATH OF AN EMPLOYEE –
NON-PERSABLE
When separation is caused by the death of a un it employee, separation pay and other accrued moneys owed shall be paid (non-PERSable) to the designated beneficiary, or the estate if no beneficiary, of such employee as filed with the Human Resources Director.
IX. LEAVES OF ABSENCE WITHOUT PAY
A. VOLUNTARY LEAVE WITHOUT PAY
1. Any unit employee is entitled to present to Police Chief or designee 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 absences
exceeding pregnancy disability leave, special education, special duty for another governmental agency, extension of vacation time, seeking political office or any other r eason which is deemed to be in the best interests of City
government.
3. Verification of such requests shall be required by Police Chief or designee who shall attach the evidence of
verification to the proper form (Personnel Action).
4. Any leave without pay mus t be approved by the City
Manager.
B. CITY INITIATED LEAVE WITHOUT PAY
The 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 or has a break in
ARTICLE FIVE
52 Police Management 2022-2025
005528.00040
39072570.1
service of more than sixty five percent (65%) of the working hours in the biweekly period.
2. A unit employee on unpaid leave of absence under this section shall be responsible for the payment of insurance premiums in any month when there is insufficient paid
leave available or authorized to maintain benefited status.
X. FAMILY MEDICAL LEAVE ACT (FMLA) AND CALIFORNIA FAMILY
RIGHTS ACT (CFRA)
A. GENERAL INTENT
1. This section does not purport to provide all the provisions of law, but summarizes the general intent at t he 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.
3. Unit employees and department management must contact the Human Resources Department to verify current
provisions and requirements.
4. Failure to do so could result in a misunderstanding of rights and obligations, and could cause loss of leave benefits or loss of insurance coverage.
B. ELIGIBILITY FOR FMLA AND CFRA
1. Pursuant to State and Federal laws, empl oyees 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;
ARTICLE FIVE
53 Police Management 2022-2025
005528.00040
39072570.1
• The care of a spouse, registered domestic partner, or parent with a serious health condition;
• The employee's own serious health condition; or
• Any qualifying exigency arising out o f a spouse, child or parent called to active military duty
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.
C. EMPLOYEE RIGHTS UNDER FMLA
1. The maximum amount of leave 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 as provided for under the FMLA policy.
5. During the 12 -work week FMLA period, the City shall maintain the employee's medical, dental, life and vision care insurance in the same manner that was applied before the FMLA leave was taken.
D. APPROVAL PROCESS FOR FMLA
1. Unit employees must 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 t he attending physician or health care provider will be required for absences relating to the unit employee’s or eligible family member's serious health
condition.
3. The Human Resources Department shall determine if the leave qualifies under the Family and M edical leave laws, and may determine the commencement date.
ARTICLE FIVE
54 Police Management 2022-2025
005528.00040
39072570.1
E. PRIVACY UNDER FMLA
For privacy reasons, the City may not require specific medical diagnosis of any unit employee or eligible and qualified family member's health condition.
F. USE OF ACCRUALS WHILE ON FMLA
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.
G. 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.
XI. PREGNANCY DISABILITY LEAVE (PDL)
A. PROVISIONS
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.
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.
5. FMLA shall run concurrently with Pregnancy Disability Leave.
ARTICLE FIVE
55 Police Management 2022-2025
005528.00040
39072570.1
XII. UNAUTHORIZED LEAVE / ABANDONMENT OF POSITION
A. PROVISIONS
1. A unit employee absent without authorization for three (3) or more consecutive work shifts, and who fails to contact the Police Chief or designee to provide justification for the absence, shall be considered to have abandoned his/her
position and resigned from City employment as of the third shift of absence.
2. The unit employee shall be notified by Police Chief or designee 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 notification of intent to discipline as provided in 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 Chief or designee prior to the end of the notification period.
ARTICLE SIX
56 Police Management 2022-2025
005528.00040
39072570.1
ARTICLE SIX
WORKING CONDITIONS
I. GRIEVANCE
A unit employee grievance shall be processed as provided for in the City’s Civil Service Rules.
II. DISCIPLINE
Disciplining of unit employees shall be as provided for in the City’s Civil Service Rules.
III. SAFETY RULES
A. PURPOSE
1. It is of mutual benefit to the City and to the Police Management employees 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 of all unit 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 Ci vil Service Rules.
ARTICLE SEVEN
57 Police Management 2022-2025 005528.00040
39072570.1
ARTICLE SEVEN
GENERAL PROVISIONS
I. TERM
This MOU shall be effective July 1, 2022 , except as otherwise provided herein, and together with all the terms, conditions and effects thereof, shall expire at midnight June 30, 2025.
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, as determined by the City, the 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 City Police Management Group shall 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, subsection, 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 Mem orandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of such invalidation, the City and the Police Management Group agree to meet and confer in good faith to determine an alternat ive equivalent article, section, subsection, subdivision, sentence, clause, phrase, or provision.
IV. CIVIL SERVICE RULES / CITY POLICY
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, Ordinances, Resolutions, Departmental Rules and Regulations, or Policy Statements in effect prior
ARTICLE SEVEN
58 Police Management 2022-2025 005528.00040
39072570.1
to the date of this MOU unless specifically provided for to the contrary in this MOU shall re main in force and effect during the term of this MOU.
Any conflicts with 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.
V. FULL AGREEMENT AND IMPLEMENTATION
A. FULL AGREEMENT – WAIVER OF MEET AND CONFER
1. The intent and purpose of this Master MOU is to identify and incorporate all the covenants, stipulations and provisions previously agreed upon by the parties.
2. Therefore, for purposes of the MOU, neither party shall be compelled to meet and confer with the other concerning any issue, whether specifically discussed prior to the execution of this MOU or which may have been omitted in the meet
and confer process leading up to the executio n of the MOU, except by mutual agreement of the parties.
3. If either party feels that a relevant provision was
inadvertently omitted from the Master MOU, during the
terms of this Master MOU, both parties agree to meet and confer in good faith on the alleged omission and, if
necessary, amend the Master MOU to include the omission.
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 o f 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.
ARTICLE SEVEN
59 Police Management 2022-2025 005528.00040
39072570.1
C. OBLIGATION TO SUPPORT
The parties 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 Police Management Group nor the City nor their authorized representatives will ap pear 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, no r meeting with individual members of the City Council to advocate or urge the adoption and approval of this MOU.
VI. RATIFICATION AND IMPLEMENTATION
A. ACKNOWLEDGEMENT
The City and the Culver City Police Management Group
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 Management Group 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 Management Group.
C. RATIFICATION
Subject to the foregoi ng, this Memorandum of Understanding is hereby ratified and agreed to be recommended for approval by the authorized representatives of the City and Culver City Police Management Group, and entered into this.
ARTICLE SEVEN
60 Police Management 2022-2025 005528.00040
39072570.1
PARTIES TO THE AGREEMENT
CULVER CITY POLICE MANAGEMENT CITY OF CULVER CITY
GROUP
_____
Robert Wexler, Attorney John H. Bakhit, Attorney
Sorai Estrada Onyx Jones
Culver City Police Management Group Assistant City Manager
Luis Martinez Dana Anderson
Culver City Police Management Group Director of Human Resources
Leon Lopez Lisa Soghor
Culver City Police Management Group Chief Financial Officer
Pete Hernandez
Culver City Police Management Group