MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF EMERYVILLE
And
EMERYVILLE POLICE OFFICERS ASSOCIATION
July 1, 2023 through June 30, 2026
EPOA July 1, 2023 through June 30, 2026
2 Table of Contents (to be updated once changes are finalized and accepted) PREAMBLE................................................................................................................................3 Section 1. Association Recognition .............................................................................................3 Section 2. Management Rights ....................................................................................................3 Section 3. Discrimination Prohibited ...........................................................................................4 Section 4. Health & Welfare ........................................................................................................4 Section 5. Uniform Allowance ..................................................................................................10 Section 6. Pay for Acting Assignment to Higher Classification ................................................10 Section 7. Field Training Officer ...............................................................................................10 Section 8. Canine Handler .........................................................................................................10 Section 9. Shift Differential ....................................................................................................... 11 Section10. Deferred Compensation Plan ................................................................................... 11 Section 11. Vacation Leave ........................................................................................................ 11 Section 12. Sick Leave ..............................................................................................................13 Section 13. Bereavement Leave ................................................................................................14 Section 14. Holidays ..................................................................................................................15 Section 15. Release Time for Association Officials ..................................................................16 Section 16. Shift Schedule and Selection ..................................................................................16 Section 17. Public Employees' Retirement System ...................................................................20 Section 18. Salaries ....................................................................................................................22 Section 19. Probationary Period ................................................................................................24 Section 20. Sick Leave ..............................................................................................................24 Section 21. Strikes and Lockouts ...............................................................................................28 Section 22. Layoff Procedures ...................................................................................................29 Section 23.Off Duty Employment .............................................................................................30 Section 24.Grievance Procedure................................................................................................31 Section 25. Joint Labor Management Committee .................................................................... 36 Section 26. Health and Safety ....................................................................................................36 Section 27. Savings Clause ........................................................................................................37 Section 28. Term of Agreement .................................................................................................37 Appendix A Wage Schedule ...........................................................................................................
Appendix B CALGOVEBA
EPOA July 1, 2023 through June 30, 2026
3 PREAMBLE
This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (California Government Code Sections 3500, et. seq.) as amended. It has been jointly prepared and is the result of meeting and conferring in good faith and represents the complete understanding between the parties as to all matters upon which the parties reached agreement.
Nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent.
The City of Emeryville (hereinafter, "City") and the Emeryville Police Officers' Association (hereinafter, "EPOA") hereby restate their joint commitment to the achievement and maintenance of a relationship built on open communication which fosters the equitable resolution of the concerns of each part regarding hours, wages, and other applicable conditions of employment.
Section 1. Association Recognition
The EPOA is the recognized and exclusive representative of the bargaining unit consisting of the classifications of Police Officer and Sergeant of Police and has concluded this Memorandum through its authorized representatives.
Section 2. Management Rights
Except as otherwise provided, the management rights of the City shall include, but are not limited to:
the exclusive right to determine the mission of the Department; to determine work and performance standards; to plan, direct, and control all police operations and set departmental policy, goals, and objectives; to determine staffing levels; to determine work schedules, tours of duty and daily assignments; to determine the procedures and standards of selection for employment and promotion, and to hire and promote according to established City procedures; to determine standards of on duty conduct of employees; to discipline and fire employees under established procedures; to maintain the efficiency of Department operations; to determine the number, location, and nature of its facilities; to determine the methods, means and personnel by which the Department operations are to be conducted; to determine and revise the content ofjob classifications; to determine transfer policy; to take any and all necessary actions to carry out its mission in emergencies; to educate and train employees and determine criteria and procedures; to contract or subcontract out for goods and services; and to exercise complete control and discretion over its organization and technology of performing its work.
The City shall not be required to meet and confer on any subject preempted by federal or state law nor shall it be required to meet and confer in good faith on management rights as defined in this section unless the exercise of those management rights affects any matter within the scope of representation under Government Code Section 3504.
EPOA July 1, 2023 through June 30, 2026
4 Section 3. Discrimination Prohibited
The City and EPOA agree that they shall not discriminate in any way on account of race, creed, religion, sex, national origin, political affiliation, handicap, age, or sexual orientation. City agrees that no employee shall be discriminated against because of EPOA membership or activity.
Section 4. Health and Welfare
4.1 Medical Insurance
The City shall continue to contract with the Public Employees' Retirement System (PERS) for the purpose of providing medical insurance benefits for active employees, eligible retired employees and eligible survivors of retired employees.
The City shall pay the following amounts each month on behalf of each eligible full-time active employee who subscribes for coverage; except, however, the City will only pay up to 100% of the appropriate premium for the medical plan in which such eligible employee is enrolled:
Employee Only 182.75
Employee + One Dependent 352.75
Employee + Two or more Dependents 463.25
For the purpose of this section, a dependent is defined as a person who satisfies the definition of dependent in the PERS medical insurance plan in which the employee is enrolled. Such dependents must also be enrolled in and covered by the plan.
4.2 Flexible Benefits
The City shall establish a Flexible Benefits Account for each full-time active employee in regular or probationary status enrolled in one of the PERS medical insurance plans offered by the City.
City Contribution: In the event the above listed amounts are insufficient to pay 100% of the premiums required of the medical insurance plan in which the employee is enrolled, the City shall make such supplemental payment into the employee's Flexible Benefit Account as is necessary to equal one hundred percent (100%) of the premium of the medical insurance in which the employee is enrolled up to a maximum monthly premium of:
Effective January 1, 2019
Employee Only $698.99
Employee + One Dependent $1397.99
Employee + Two or more Dependents $1817.41
EPOA July 1, 2023 through June 30, 2026
5 The City and EPOA will continue to follow the pre-existing 80/20 cost share formula for increases in the Kaiser Bay Area medical insurance rates at the respective levels of participation for the duration of this MOU.
The monies in an employee's Flexible Benefits Account shall be used for one of the following purposes only: a) payment of premium charges for the PERS medical insurance program in which the employee is enrolled; b) payments on the employee's behalf to the City of Emeryville/ICMA Deferred Compensation Program; or c) payments to an established Dependent Care Allowance Plan.
The City will not treat these monies under the Flexible Benefits plan as compensation subject to income tax withholding unless the Internal Revenue Service or the Franchise Tax Board indicates that such contributions are taxable income subject to withholding.
Each employee shall be solely and personally responsible for any federal, state or local tax liability of the employee that may arise out of the implementation of this section or any penalty that may be imposed therefore.
In the event an employee enrolls in a medical plan for which the premium exceeds the City's contribution for medical insurance and Flexible Benefits as provided herein, such additional sum shall be withheld from the employee's salary by the City.
Unless the individual employee notifies the Human Resources Director in writing prior to May 30 each year, that they elect to have their Flexible Benefits paid into the Deferred Compensation Program, it will automatically be used to pay premium changes for the elected medical insurance program.
Each employee shall be responsible for providing immediate written notification to the Human Resources Director of any change to the number of their dependents which affects the amount of the City's payment to the Flexible Benefits Account. Changes to Flexible Benefit payments required because of a change in an employee's number of dependents shall take effect at the start of the first pay period in the month next following the month in which advice from the employee is received by the Human Resources Director. No retroactive increases to the City's payment shall be allowed.
The City reserves the right to provide medical insurance benefits under a program other than that offered through the PERS medical insurance program at any time during the term of this Memorandum of Understanding. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing medical insurance benefits for employees; or through a program of selfinsurance. If the City exercises this option, the alternate coverage shall be substantially equivalent to the level of benefits in effect on July 1, 2019.
The City shall offer to meet and confer with the Union regarding such alternate coverage prior to the effective date of such alternate coverage.
EPOA July 1, 2023 through June 30, 2026
6 4.3 Alternate Benefit
Employees shall be allowed an opportunity to select certain options as alternatives to those benefits listed in Section 4.1 and 4.2 of this Memorandum of Understanding.
A. Eligibility_. Eligibility for receipt of alternative benefits is restricted to those employees for whom no City contribution is made towards premiums for group insurance because of coverage said employees have
from a source other than the City. Proof of said coverage is required by the City.
B. City Contribution. The City shall contribute one-half (h) of the City-paid Kaiser Bay Area two-party premium cap per month for alternate benefits for eligible employees who select alternate benefits.
C. Available Benefits. Contributions made by the City may be applied by the employee to one or both of the following options:
1. A supplement to the employee's monthly salary. State and Federal taxes will be withheld on any monies applied to this option.
2. Contribution to the Deferred Compensation Plan currently in effect for City employees.
4.4 Dental Insurance
The City shall purchase dental insurance coverage for employees and their eligible dependents. The City's contribution towards the purchase of this insurance shall not exceed the following amounts per employee per month, nor shall the City's contribution towards the purchase of this insurance exceed 100% of the appropriate premium for the dental plan in which such eligible employee is enrolled:
Employee Only $57.32.
Employee + One Dependent $90.26
Employee + Two or more Dependents $132.59
If premiums for dental benefits exceed the amounts listed above during the term of this Memorandum of Understanding, the parties will re-open negotiations for the sole purpose of determining the amount of the increase, if any, to be paid by the City.
The City reserves the right to provide dental care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing dental care benefits for employees; or through a program of self-insurance. In the event the City exercises this option the alternate coverage shall be substantially equivalent to the coverage in effect on July 1, 2019. The City shall offer to meet and confer with the Union regarding such alternate coverage prior to the effective date of such alternate coverage.
EPOA July 1, 2023 through June 30, 2026
7 4.5 Vision Care
The City shall continue to provide vision care for employees and their eligible dependents only under Vision Service Plan (VSP), with a Twenty-five Dollar ($25.00) deductible. The City's contribution towards the purchase of this insurance shall not exceed the following amounts per employee per month, nor shall the City's contribution toward the purchase of this insurance exceed 100% of the appropriate premium:
Employee Only $ 22.90
Employee + One Dependent $ 22.90
Employee + Two or more Dependents $ 22.90
If premium rates for vision benefits exceed the amounts listed above during the term of this Memorandum of Understanding, the parties will re-open negotiations for the purpose of determining the amount of such increase, if any, to be paid by the City.
The City reserves the right to provide vision care benefits under a plan or through a carrier of its choice. Alternate coverage may be provided through a consortium of public agencies or private employers which may be formed for the purpose of providing vision care benefits for employees; or through a program of self-insurance. In the event the City exercises this option the alternate coverage shall be substantially equivalent to the coverage in effect on July 1, 2019. The City shall offer to meet and confer with the Union regarding such alternate coverage prior to the effective date of such alternate coverage.
4.6 Life Insurance
The City shall pay the entire cost of providing each regular and probationary full-time employee with group term life insurance equal to the individual employee's annual salary, to a maximum of Fifty Thousand Dollars ($50,000). Such policy to include accidental death and dismemberment coverage, and the right to conversion at the time of termination of employment to a form of permanent coverage without medical restrictions to the extent allowable by the insurance carrier and the law. The payment for such converted coverage shall be the responsibility of the individual electing such coverage. Should the IRS increase the non-taxable insurance amount beyond $50,000, then maximum level of insurance coverage may be increased to that limit which is non-taxable under the IRS codes and regulations. In any event the City will not provide life insurance beyond the amount of the employee's annual salary.
4.7 Federal or State Health Plan
If, pursuant to any federal or state law which may become effective subsequent to the effective date of this Memorandum of Understanding, the City is required to pay contributions or taxes for hospital-medical, dental care, prescription drug or other health benefits to be provided employees under such Federal or State Act, the City's obligation to furnish the same benefits under the Hospital-Medical-Surgical-Dental Care and Prescription Drug Plans shall be suspended and the contributions agreed to be paid monthly hereunder by the City under Sections 4.1, 4.2 and 4.3 of this Memorandum of EPOA July 1, 2023 through June 30, 2026
8 Understanding shall be reduced each month by the amounts which the City is required to expend during any such month in the form of contributions or taxes to support said federal or state health plan.
If, as a result of such a law, the level of benefits provided by such law for any group of employees, or their dependents, is lower in certain categories of services than that provided under Sections 4.1 and 4.2, the City shall, to the extent practicable, provide a plan of benefits supplementary to the federal or state benefits so as to make benefits in each category of coverage as nearly comparable as possible to the benefits provided under said Sections 4.1 and 4.2. The City need only expend for this purpose the actual amount required to achieve parity between the benefits agreed to be provided under Sections 4.1 and 4.2 and the benefits provided under any federal or state plan as supplemented in the manner hereinabove described.
If the benefits provided under the Federal or State Act exceeds the benefits provided hereunder in each category of coverage, the City shall be under no further obligation to make any contribution in pursuance of this Section.
If the federal or state government enacts a health care program requiring contributions by employees, such employee contribution shall be reimbursed by the City to the amount by which said employee contribution reduces the City contribution required under this Section of the Memorandum of Understanding.
4.8 Retired Employees
The City shall contribute the following amounts each month on behalf of each eligible retired employee (employees who retired prior to January 1, 1981 are eligible for medical benefits only. Employees who retired between January 1, 1981 and January 1, 1984 inclusive are eligible for Medical and Dental benefits only. Employees who retire subsequent to January 1, 1984 are eligible for medical, dental and vision care benefits) for the purpose of providing medical insurance benefits, dental benefits, and vision care benefits for said retired employees and their eligible dependents:
Medical Dental Vision
Retiree $182.75 $21.57 $5.00
Retiree + One Dependent 352.75 40.15 8.68
Retiree + Two or more Dependents 463.25 56.69 8.68
Retired employees who qualify for the Federal Government Medicare Benefits are eligible for Medicare Supplemental coverage only and may not elect any other medical insurance benefit. They remain eligible for dental and vision care benefits as provided herein.
Eligible employees are those who have passed probation who retire from the City of Emeryville for service or disability and who have a minimum of five (5) years PERS service credit. Additionally, in order to be eligible for this benefit, the employee's effective date of retirement must occur within one hundred twenty (120) days of the EPOA July 1, 2023 through June 30, 2026
9 effective date of his separation from employment with the City of Emeryville and they must be enrolled in a medical, dental and vision care plan offered by the City of Emeryville. The surviving spouse of a retired employee who qualifies to receive these benefits is also entitled to receive the benefits in the event a) they were designated by the employee prior to the employee's retirement, to receive a survivor benefit under the Public Employees' Retirement System (PERS) plan, and b) they are receiving said survivor benefit, and c) they are a member of a medical, dental and vision plan offered by the City of Emeryville. In the event a retired employee has designated more than one survivor who satisfies the above criteria, benefit payments made pursuant to this Section shall not exceed the monthly amount recited above for all such eligible survivors of the employee.
4.9 Psychological Services Plan
The City agrees to pay the annual cost of providing psychological counseling services to employees and/or dependents. The City reserves the right to define the extent of coverage, and that such psychological services are private and confidential. Consistent with applicable statutory and decisional law, the service provider shall maintain the confidentiality of medical records, and doctor-patient privilege.
4.10 Chiropractic Care
The City shall maintain a self-insured chiropractic benefit of two hundred fifty dollars ($250.00) per year, per family for verified chiropractic services.
4.11 Participation in the California Government Voluntary Employee Benefits Association (CALGOVEBA)
All bargaining unit members participate in the CalGOVEBA ("VEBA") 501(C)9 Trust pursuant to the agreement attached as Exhibit B and may be amended from time to time pursuant to the requirements of such agreement. Participation will be subject to and governed by all IRS requirements applicable to the VEBA and POA employees will be subject to the provisions of such agreement as may be revised.
Section 5. Uniform Allowance
5.1 Initial Uniform Allowance
A new employee shall receive the total annual uniform allowance, payable at the time of employment; that is, payment shall not be in two equal installments.
5.2 Annual Uniform Allowance
The annual uniform allowance will be One Thousand Four Hundred Dollars ($ 1 ,400) per year. The uniform allowance is payable in equal installments on the first payroll check in the months of October and March of each year.
EPOA July 1, 2023 through June 30, 2026
10 5.3 If an employee separates from City Service, for whatever reason (except death), during the year for which the annual uniform allowance has been paid, such payment shall be adjusted on a prorated basis in relationship to the period of service for that year.
5.4 Damaged Uniform/Personal Property
An employee's uniform damaged in the course of duty beyond repair or collected and secured for evidentiary purposes related to the performance of the employee's duty shall be replaced at no cost to the employee by the City's designated vendor. Other personal property damaged in the course of duty or collected and secured for evidentiary purposes shall be repaired, replaced, or compensated for at fair market value as determined by the Chief of Police. Replacement or compensation as provided in this subsection 5.4 will not apply to property secured for evidentiary purposes but returned to the employee within fourteen (14) days from the date it is secured.
Section 6. Pay_ for Acting Assignment to Higher Classification
6.1 Work in a Higher Classification Pay.
An employee assigned by the Chief of Police, or the Chiefs designee, to work in a higher classification shall be paid according to Step C of the pay schedule for the next higher rank, provided that the increase shall not be less than five percent (5%).
The Chief of Police or the Chiefs designee shall determine acting assignments. An employee in an acting assignment must meet the minimum qualifications for the classification in which he/she is assigned to act.
6.2 Posting & Filling of Vacancies
The City shall post notices of testing processes for a minimum of two weeks. Such notice shall include the requisite requirements for the position as well as the dates and times of test elements and recommended study materials. Upon the conclusion of the testing process for promotion, specialty assignment or collateral assignments, the City shall within (10) calendar days post the results of such testing.
Section 7. Field Training Officer
An employee who has a valid POST Field Training Officer certificate, is in good standing within the police department and is assigned to the Field Training Program shall receive six percent (6%), in addition to their base rate of pay.
In accordance with POST standards, the Field Training Officer certificate must be renewed every three years to be valid. .
Section 8. Canine Handler
8.1 An employee who is regularly assigned the responsibility for the care, shelter and feeding of a Police Service Dog shall be indemnified by the City for all such costs.
EPOA July 1, 2023 through June 30, 2026
11 8.2 Expenses related to the care, shelter and feeding of a Police Service Dog include the following: medical costs, veterinarian costs, food, construction and maintenance of a shelter, and kennel costs during the handler’s vacation.
8.3 Officers assigned as Canine Handlers shall be compensated for overtime as provided in this Memorandum for attendance at monthly training sessions related to their assigned canine.
8.4 All expenses provided for by the City under Section 8 shall be pre-approved by the Chief of Police or designee before such reimbursement will be granted to the handler, and the handler shall furnish proof to the satisfaction of the City for such expenditure.
8.5 Canine Officers shall receive 5% over base pay as compensation for commute and other time related to canine care.
Section 9. Shift Differential
The City shall pay all employees a shift differential of four percent (4%) of the employee’s base wage rate for all hours actually worked between 1800 and 0600 hours.
Section 10. Detective Pay
189. Detective/Investigations Premium
1. Employees assigned to the Criminal Investigative Section (CIS) shall receive a three percent (3%) investigations premium for the term of their assignment.
The CIS Sergeant shall respond in a timely manner to call outs twenty-four (24) hours per day unless the CIS Sergeant has provided prior notification, they will be unavailable.
Section11. Deferred Compensation Plan
Employees may, at their election and at their own expense, participate in a deferred compensation plan available to Emeryville City employees. Payments into such plan may be made by payroll deduction.
Section 12. Vacation Leave
12.1 Eligibility_
An employee may use any portion of accrued vacation subject to approval of the employee’s immediate supervisor and Division Commander.
EPOA July 1, 2023 through June 30, 2026
12 12.2 Accrual
A. Each eligible employee shall be entitled to an annual vacation on the following basis:
Employees Hired Prior To 7/1/00
I – end of 10 years: 120 hours I l — end of
20 years: 160 hours 21 years and
over: 200 hours
Employees Hired Beginning 7/1/00
0 — end of 4 years: 80 hours 5 —
end of 9 years: 120 hours
10 — end of 20 years: 160 hours
21 plus years: 200 hours
B. An employee may accumulate unused vacation up to a maximum of two times the employee’s annual accrual rate. If the employee’s balance reaches that maximum, the employee will cease to accrue additional vacation until the employee draws down their balance at which time they will resume accrual.
12.3 Use of Accrued Vacation
An employee with at least one year of City service must take at least forty (40) hours of accrued vacation off each calendar year. The employee may also elect to take as time off all or part of the remaining earned vacation as approved by the Chief (or the Chief’s designee). In lieu of use as time off the employee may carry over the remaining accumulated vacation to the next service year
12.4 Vacation Scheduling
Annual vacation sign up shall begin on October 1 and conclude no later than December 15 of each year.
12.5 Holiday within Vacation Leave
Holidays which occur during a scheduled vacation period shall be counted as a holiday.
Employees may request in advance that they extend their vacation leave by the number of holidays occurring within their scheduled leave, or they may request fewer vacation hours which, together with the holiday(s), will comprise the total time period of their scheduled leave, or the employee has the option to be paid in cash for the holiday(s) which occur during a scheduled vacation period.
12.6 Called Back to Work
In the event it becomes necessary to call an employee back to work from a scheduled vacation, the employee shall be credited with the unused vacation hours and shall have the opportunity to take such remaining vacation leave at a time of the employee’s choosing with the Department head’s approval; or may be compensated as provided by Departmental rules, policies, or this Memorandum of Understanding.
EPOA July 1, 2023 through June 30, 2026
13 12.7 If an employee leaves the City’s employment and has unused accrued vacation time, the employee shall be compensated for the unused vacation time, at their regular hourly rate.
Section 13. Sick Leave
13.1 Employees may accrue unused sick leave without limit on accrual, and further agrees to continue the option available through the Public Employees’ Retirement System (PERS) which provides for the conversion of accrued unused sick leave into retirement benefits.
13.2 Employees shall be provided and have the right to accrue unused sick leave at the rate of one and one-quarter (1-1/4) days per month.
13.3 To qualify for paid sick leave, the employee must notify dispatch at least two (2) hours prior to the start of the day’s/shiffs work, except in cases of emergency.
13.4 When sickness or injury exceeds two (2) consecutive working days or shifts the Department Head may require written medical verification.
13.5 When such medical certificate is requested, the Department Head shall specify whether it is intended to verify the employee’s illness or to release the employee to return to full duty, or both.
13.6 Serious Illness/lnjury_
An employee who suffers a serious non-job-related illness or injury may be required to undergo a medical examination to determine fitness for employment before returning to work. The necessity for such medical examinations will be determined by the Chief of Police theirdesignee and/or Human Resources Director on a case-by-case basis. Such medical examinations shall be used to determine fitness for duty following a serious illness or injury that results from off-duty activities. Such medical examinations shall be conducted by a physician selected by the City. The City shall pay the cost of such medical examinations.
If the opinions of the City-selected physician and the personal physician of the employee seeking to return to work conflict, the City and employee shall select a neutral physician to determine the ability of the employee to return to their regular employment activities. During the resolution of the conflict, the employee shall be placed on paid administrative leave. If the employee is unable to return to work, as determined by the neutral physician, the entire period of paid administrative leave shall revert back to sick leave.
All other provisions of sick leave including “Sick Leave Abuse” shall be in accordance with the Sick Leave provisions contained in the City Personnel Rules, Section 1.12.070.
EPOA July 1, 2023 through June 30, 2026
14 13.7 Catastrophic Iniury/lllness Time Bank
EPOA members will be covered by the City wide Catastrophic Injury/lllness Leave policy, as outlined in Administrative Instruction 1129 — Catastrophic Injury/lllness Leave. The implementation and administration of the Catastrophic Injury/lllness Leave policy is not grievable or arbitrable under the Section 24 — Grievance Procedure of this Memorandum of Understanding.
13.8 Payment for Unused Sick Leave
For employees hired before July 1, 2014, if the employee has completed the probationary period, voluntarily resigns from the City with at least two (2) weeks’ notice of intent, is separated by the City from non-probationary status, or retires from City service, the City shall pay a portion of sick leave accrued but unused at the rate of sixty percent (60%) of up to nine hundred sixty (960) hours. The payment shall be calculated by multiplying the employee’s eligible number of unused sick leave hours times the employee’s hourly salary (at time of separation) less the employee’s 9% PERS contribution.
For employees hired on or after July 1, 2014, if the employee has at least five (5) years of continuous service, voluntarily resigns from the City with at least two (2) weeks’ notice of intent, is separated by the City from non-probationary status, or retires from City service, the City shall pay a portion of sick leave accrued but unused at the rate of sixty percent (60%) of up to nine hundred sixty (960) hours. The payment shall be calculated by multiplying the employee’s eligible number of unused sick leave hours times the employee’s hourly salary (at time of separation) less the employee’s 9% PERS contribution.
13.9 Family Sick Leave
1) Definition of Immediate Family. Immediate family is defined as employee’s parents, spouse, domestic partner, children, brother, sister, foster child, ward of the court, grandparents, legal guardian, grandchildren, parents of employee’s spouse, any person living in employee’s household as a family member.
2) Entitlement. An employee may use accrued sick leave to attend to or care for an immediate family member with a serious health condition as defined by Californian Family Rights Act. At the Employer’s request, the employee will provide satisfactory evidence of the facts justifying such absence.
Section 14. Bereavement Leave
14.1 Time off for a death in the immediate family will be granted at straight-time pay for up to three (3) days. Bereavement leave is not deducted from accrued sick leave.
14.2 Immediate family is defined as the employee’s parents, grandparents, legal guardian, spouse, brother, sister, children, grandchildren, or parents of the employee’s spouse.
EPOA July 1, 2023 through June 30, 2026
15 Reasonable proof of death may be required to qualify an employee for bereavement leave.
14.3 Up to an additional two (2) days for travel to attend funeral services otherwise covered under this section may be authorized by the Department Head upon showing of good cause by the affected represented employee. Any disputes arising out of the denial of a request for travel time may be appealed under the grievance procedure contained in this Memorandum of Understanding, provided that the appeal may be only to the step in the procedure above the official who denied the request.
14.4 Funeral leave is not compensable when the employee is on leave of absence, vacation, bona fide lay-off, or for days falling outside the employee’s regular work schedule.
Section 15 Holidays
All employees shall be compensated eight (8) hours for the following holidays:
New Year’s Day
Third Monday in January, known as “Martin Luther King, Jr. Birthday” Lincoln’s Birthday
Washington’s Birthday
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran'’ Day
Thanksgiving Day
Day after Thanksgiving Day
Christmas Day
Employee'’ Birthday
The holiday above designated as the employee'’ birthday shall be a floating holiday, to be taken on the employee'’ birthday, or within the calendar month of the actual birthday. If scheduling requirements cannot be met, the City may postpone the holiday beyond the calendar month, and it shall be rescheduled to a date mutually agreeable to the employees and the City.
All holidays are recognized on the City observed days. For those employees who are assigned to work on Independence Day, Christmas and New Year'’ Day, the holidays are observed on the actual date of the holiday.
Notwithstanding the foregoing, an employee who, at the time of the holiday, is assigned to the Professional Services unit and is scheduled off duty for the holiday will be compensated for their entire shift as holiday pay without charge to their vacation or other accumulated paid leave.
EPOA July 1, 2023 through June 30, 2026
16 Section 16. Release Time for Association Officials
Association officials may collectively take an aggregate total of eighty (80) hours of time off each year to attend conferences and seminars of interest and benefit to the Association and its membership and at no expense to the City. The City shall provide up to forty (40) hours of paid Association leave time per calendar year for such purposes.
Release time for such attendance shall be subject to the approval of the Chief of Police, and the denial of any request for release time shall not be subject to review under the grievance procedure contained in this agreement.
Section 17. Shift Schedule and Selection
17.1 Shift selection by employees who are assigned to their respective Sections, or who are in specialty assignment, shall be governed by the seniority of each individual so assigned. It is the intent of the parties that the Chief of Police shall retain the authority to assign personnel, for good cause, to a shift other than that selected by the employee on the basis of his or her seniority.
Sign-ups for shift selection will occur at least 60 days in advance of the effective start date of the next shift duration. For example, sign-ups will be posted by May 1st for shift duration that starts July 1st. The Department shall notify all EPOA members by written memorandum or electronic mail of the date, time and place of the shift selection posting no less than three (3) days in advance.
On the date selected for shift selection, each member based on seniority, shall have up to 72 hours to select their preferred shift once the more senior member has made their respective selection. The on-duty watch commander shall contact the member eligible for shift selection to notify them. Notification shall be documented on the shift selection form noting the date and time the member was notified. The member’s selection time will start based on the date and time notification was made by the on-duty watch commander.
Members who fail to select a shift within the 72-hour allotted time will be skipped so the next member may select. The skipped member may rejoin the selection process at any point, but must select based on the seniority rank of the remaining members.
Members may in advance nominate an individual member of the EPOA as their proxy to select their shift.
Employees who are on medical leave and not expected to return to full duty within 90 days of the start of the next shift duration will forego shift selection and be placed in their prior shift upon return to full duty.
17.2 The seniority of Police Officers shall be determined by the date of original appointment to the position of Police Officer; however, any periods of absence from employment due to EPOA July 1, 2023 through June 30, 2026
17 resignation or leave of absence shall be deducted from the total amount of service and the officer'’seniority date adjusted accordingly.
17.3 Seniority for officers in the rank of Sergeant of Police shall be determined by the date of their original regular appointment to the rank of Sergeant on a continuing basis. The provisions of the preceding paragraph for determination of seniority dates shall apply to Sergeants, as well as determine their seniority in rank.
17.4 Seniority for officers in a specialty assignment shall be determined by the date of original appointment to the position of Police Officer, however, any periods of absence from employment due to resignation or leave of absence shall be deducted from the total amount of service and the officer'’seniority date adjusted accordingly.
17.5 The Chief of Police shall determine the number of positions necessary to staff each Section with Police Officers and Sergeants. The allocation of such positions shall also include the days off assigned to each such position.
17.6 Sworn personnel in the ranks of Sergeant and Police Officer shall select the position to which they wish assignment in their respective Sections from the positions allocated by the Chief of Police. The selection shall be made by Sergeants and Police Officers in the order of their seniority as determined by the process set forth above.
17.7 The duration of each Patrol Section shift selection shall be for a period of six (6) months.
This procedure may be evaluated at any time by the parties to this Agreement, and it may be modified by mutual agreement.
17.8 For the Patrol and Traffic Sections, the current shift schedules shall remain in place.
If the City desires to modify either shift schedule on or after that date the following will apply:
A. The City must submit a written notice of its desires to the Association President (or in the President'’ absence a member of the Association Executive Board) at least one hundred twenty (120) days in advance of the tentative effective date of the change; i.e. the next semi-annual shift bid.
The City'’ notice must contain the tentative effective date of the change, and the City'’specific desired structure of regular days of work and starting and quitting times.
B. During the first ten (10) days following delivery of the notice to the Association as specified above, the Association may request in writing to meet with the Police Chief to discuss the City'’ desired changes. Such request shall be timely submitted to the Police Chief and the Director of Human Resources. Absent delivery of such timely request, the City may implement the desired changes on the shift bid date specified in its notice to the Association described above.
c. If the Association timely submits a request to meet the City as described in subsection B above, the \Association shall initially meet to discuss the EPOA July 1, 2023 through June 30, 2026
18 change(s) not later than ten (10) days after the Association submits its request to meet, and shall continue to meet and discuss the changes at mutually convenient times during the next thirty (30) days as long as differences remain over any Association objections to the changes. The Parties shall engage such discussions in good faith. If all Association objections are resolved, the Parties shall memorialize the resolution in writing, and the terms of resolution shall be effectuated when the changes are implemented and shall remain in effect through the next shift bid or until such later shift bid date on which the Chief desires to again change the shift schedule.
D. If after the time period for discussions initiated under subsection C above has been exhausted, and if the Association continues to maintain objections to the proposed changes, the Association or City may request expedited arbitration by a neutral third-party arbitrator by delivering written notice to the other. Such notice shall be delivered to the Police Chief and Human Resources Director (for the City) and to the Association President (or an Executive Board member in the President'’ absence.) In the absence of such timely request, the City may proceed to implement the proposed change on the effective date specified in the notice given pursuant to subsection A above.
E. If either party requests arbitration as provided in subsection D above, the City shall promptly submit a written request to the State Mediation and Conciliation Service for a list of the names of seven neutral (7) arbitrators.
Within five (5) business days after the Parties receive the list they shall meet and alternately strike names, the order of striking determined by lot, until only one name remains on the list. Either Party shall contact the remaining arbitrator by letter (cc the other Party), identifying the Parties'’respective representatives in the matter, and asking to promptly schedule the hearing on the dispute. Nothing herein shall preclude the Parties from selecting an arbitrator by mutual agreement in lieu of the foregoing procedure.
In an arbitration pursuant to this subsection, the arbitrator shall hear and decide any procedural dispute over whether either Party has failed to adhere to one or more of the time limits, good faith, or notice requirements set forth in this subsection. If the arbitrator determines that the City has breached any such requirement, the arbitrator shall bar the City from moving forward with its desired change. Such order may not bar the City from reproposing its desired changes with a new tentative effective date (i.e. at a later semi-annual shift bid), and following the steps set forth in this subsection, as necessary, to satisfy its obligations. If the arbitrator determines that the Association has breached any time limit or notice requirement set forth above, such breach shall bar the Association'’ objections and the City shall be entitled to proceed with implementation of the desired change at the next semi-annual shift bid.
EPOA July 1, 2023 through June 30, 2026
19 G. If neither Party asserts a breach of time limits or notice requirements, or if the arbitrator determines that all such assertions are without merit, the sole question before the arbitrator shall be whether the City'’ desired changes, taken as a whole, are unreasonable, in light of the operational conditions addressed by the proposed change and the impact of such change on affected employees in the bargaining unit.
The burden shall be on the Association to demonstrate that such changes are not reasonable, taken as a whole.
17.9 For operations other than the Patrol and Traffic Sections, the following shall apply:
A. The Police Chief (or designee) may determine and implement any reasonable shift schedule (regular days of work and rest, starting and quitting times) or reasonable change thereto after giving ten (10) days advance written notice to the Association President (or an Executive Board member in the President'’ absence) and an opportunity to meet to discuss the schedule in good faith.
B. If the Association believes that the schedule implemented pursuant to subsection A above is not reasonable, the Association may request arbitration within five (5) days by written notice to the Police Chief and Human Resources Director. If the Association timely requests arbitration as provided in subsection D above, the City shall promptly submit a written request to the State Mediation and Conciliation Service for a list of the names of seven neutral (7) arbitrators. Within five (5) business days after the Parties receive the list they shall meet and alternately strike names, the order of striking determined by lot, until only one name remains on the list. The Parties shall jointly contact the remaining arbitrator on the list to arrange to hear the dispute. Nothing herein shall preclude the Parties from selecting an arbitrator by mutual agreement in lieu of the foregoing procedure. The arbitrator initially shall hear and decide procedural issues and on determining any breach make the nonbreaching party whole. Once procedural issues are resolved, and unless the arbitrator'’ ruling on procedural issues has the effect of terminating the proceeding, the sole remaining question before the arbitrator shall be whether the schedule implemented by the City is unreasonable based on the relevant evidence submitted at hearing and, if so, the remedy that will make the affected members whole.
17.10 In the event of a bona fide operational police emergency, the Chief may temporarily alter the shift schedule then in place until the emergency abates. The City shall return employees to the pre-existing schedule no later than but as soon as the emergency abates.
17.11 The responsibility for the arbitrator'’ fees and for representation in connection with an arbitration under the foregoing subsections 17.8 and 17.9 shall be the same as for an arbitration conducted under the Grievance Procedure under this MOU.
EPOA July 1, 2023 through June 30, 2026
20 17.12 The procedures set forth in subsections 16.8 and 16.9 above are the exclusive procedure through which disputes over on-going changes in the regular shift schedule may be processed.
Section 18. Public Employees'’Retirement System
18.1 For employees hired before the implementation of the 3 at 55 formula, as stated below and for the duration of this agreement, the City shall implement and maintain a contract with the Public Employees'’Retirement System (PERS) providing members of the EPOA with a 3% @ 55 retirement plan with 1959 Survivor benefits, effective July 1, 2001. The Parties acknowledge that this formula, as adopted by the City, provides that "“inal compensation"”for purposes of determining the employee'’ pension benefit is based on the highest single year of compensation earnable pursuant to Government Code Section 20042. Additionally, the City shall pay the rate prescribed by the Public Employees'’Retirement System (PERS) for employer contributions to the public Employees'’Retirement System in accordance with the rules and regulations governing such employer contributions.
On or after January 1, 2011, as the date is determined by the Employer to accommodate legal and administrative requirements, the City will contract for and implement a second pension tier providing the PERS "“% at age 55"”formula for employees hired on or after the date the Employer adopts that formula. The formula will provide that "“inal compensation"”for purposes of determining the employee'’ pension benefit is based on the highest average annual compensation earnable by the member during three consecutive years of service pursuant to Government Code section 20037.
The City contract with the Public Employees Retirement System will continue to provide for Military Service Credit buy back. Military Service credit may only be purchased at the time of application for service retirement.
18.2 For purposes of withholding, the City shall deduct that portion of the employee'’ contribution paid to PERS toward the PERS employee contribution on a tax deferred basis pursuant to section 414 (h) (2) of the Internal Revenue Code, adopted pursuant to City of Emeryville resolution. The tax deferral does not apply to FICA/Social Security.
Each employee shall be solely and personally responsible for any federal, state, or local tax liability of the employee that may arise out of the implementation of this section or any penalty that may be imposed therefore.
18.3 Mandatory Employee Partial Payment of Employer Contribution.
In recognition of additional pension benefits previously granted to members of the bargaining unit, employees will pay four (4%) percent of their "“ompensation earnable"”or pensionable compensation, as applicable, as defined by Government Code Sections 20636 and 7522.34(a) respectively, toward the Employer'’ CalPERS contribution.
Effective on January 1, 2018 or as soon as practicable after the City Council ratifies this Agreement, the employees will pay an additional one percent (1 %) of their compensation earnable or pensionable compensation, whichever applies based on their pension tier EPOA July 1, 2023 through June 30, 2026
21 membership, toward the Employer'’ CalPERS contribution. These employee payments are mandatory and will be deemed employee contributions, as provided below. To the extent allowable by applicable law, the payments made by employees pursuant to this subsection 18.3, Mandatory Employee Partial Payment of Employer Contribution, will be deducted from their paychecks on a pre-tax basis pursuant to section 414(h)(2) of the Internal Revenue Code, as described above. The City will amend its CALPERS contract so that these contributions made by the employee will be attributed to the employee's CalPERS account to the extent permissible by the California Public Employee
Retirement Law. The City has adopted a resolution specifically providing a section 414(h) (2) of the Internal Revenue Code mechanism for employee payments made under this subsection 18.3.
18.4 Public Employees'’Pension Reform Act
Effective January 1, 2013, newly hired employees that are considered "“ew members"”in accordance with the Public Employees'’Pension Reform Act (PEPRA) shall be enrolled in the PEPRA 2.7% at age 57 Safety benefit formula (average of highest three years compensation earnable and Level Ill Survivor Benefits plan), in accordance with applicable law and PEPRA. Employees enrolled in the 2.7% @ 57 shall contribute to the PERS each pay period twelve and one quarter percent (12.25%) of pensionable compensation toward the PERS employee contribution rate.
18.5 Public Agency Retirement System.
1) The City will maintain a contract with the Public Agency Retirement System ("“ARS"” whereby retiring employees, hired before the effective date of the second tier PERS formula the City adopts pursuant to section 17.1 above, will be eligible for a supplemental pension benefit that, in combination with their CalPERS "“% @ 55"”benefit will provide them with a total lifetime benefit that equals three percent (3%) of their highest year'’ PERS-able wages at age 50 (up to a maximum benefit equal to 90% of those wages). The PARS supplemental pension benefit includes a two percent (2%) compounding annual cost of living increase on the anniversary date of the employee'’ retirement. Subject to any modification that the City and Union may hereafter negotiate, vesting in and eligibility to receive this supplemental benefit will not occur until and unless the employee simultaneously retires from the City through CalPERS and PARS with at least fifteen (15) years of City service at or after age 50. The PARS benefit provided under this section shall only be payable for periods that the employee remains simultaneously retired under CalPERS.
2) The City shall determine the investment mix for its PARS benefit fund, within the range of options offered through PARS.
3) An updated actuarial study of the cost of the PARS benefit shall be performed each year, with adjustments to occur the following July 1. PARS shall select the actuary to perform such studies. All documents transmitted between PARS and the City pertaining to such study shall be copied to the EPOA. The actuarial methodology employed shall be substantially the same as that used in the study EPOA July 1, 2023 through June 30, 2026
22 performed prior to the final agreement reached between the parties to provide this benefit. The parties acknowledge that the assumptions included a seven percent (7%) rate or return on investment, a twenty (20) year amortization period for unfunded liability, and a payroll growth rate of 3.25% per year.
However, pursuant to the recommendations of the actuary retained by PARS, reasonable variations or changes in methods and assumptions may be implemented by the City to reflect the recommended actuarial practices, changes in actual and expected rates of return on investment, salary growth rate, retirement behavior, unit demographics, etc. The City shall promptly notify the EPOA of any recommended changes in assumptions or methodology and, on request within seven (7) days of such notice, meet with the EPOA to discuss the changes before they take effect.
4) If the actuarially determined contribution necessary to fully fund the PARS benefit provided herein exceeds four and one-half percent (4.5%) of PERS-able pay, the excess shall be offset by a uniform reduction of the wage schedule until the excess no longer exists.
Section 19. Salaries
19.1 Cost of Living Adjustments
Effective the first full pay period following City Council approval of this agreement, all classifications in the bargaining unit shall receive a salary increase of three and a half percent (3.5%). In addition to the salary increase, the City will provide a one-time lump sum payment equivalent to the value of a three and a half percent (3.5%) salary increase (including all premium pays and overtime) for the period of July 1, 2023 through the implementation of the three and a half percent (3.5%) salary increase referenced above.
Effective the first full pay period in July 2024 all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).
Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive salary increase of three and a half percent (3.5%).
Recruitment and Retention Adjustments
Effective the first full pay period following City Council approval of this agreement, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment increase of one and a half percent (1.5%). In addition to the increase, the City will provide a one-time lump sum payment equivalent to the value of a one and a half percent (1.5%) salary increase (including all premium pays and overtime) for the period of July 1, 2023 through the implementation of the one and a half percent (1.5%) recruitment/retention market adjustment increase referenced above.
Effective the first full pay period in July 2024 all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).
EPOA July 1, 2023 through June 30, 2026
23 Effective the first full pay period in July 2025, all classifications in the bargaining unit shall receive a recruitment/retention market adjustment of one and a half percent (1.5%).
Step F of the Sergeant wage range shall be set at one hundred two percent (102%) of the Step E rate (i.e. 2% above step E). To move to step F a Sergeant must have completed four (4) years with the City at that rank. Step F of the Police Officer wage range shall be set at one hundred four percent (104%) of the step E rate (i.e. 4% above step E). To move to step F an Officer must have completed eight (8) years with the City at that rank.
19.2 Education Incentive Rate: 2-1/2% over base salary for A.A. Degree or an Intermediate P.O.S.T. Certificate; 5% over base salary for B.A. or B.S. Degree or an Advanced P.O.S.T. Certificate. Eligibility for Educational Incentive pay shall be determined by the date on the P.O.S.T. certificate, the date on the college diploma, or the date on which the employee has delivered documentation of attainment of the applicable certificate or degree to the Police Department Training unit, whichever is later.
Effective January 1, 2018 the Education Incentive Rate for employees with an A.A.
Degree or Intermediate P.O.S.T certificate will be increased by one percent (1 %) to a total of three and one-half percent (3.5%). Effective January 1, 2018 the Education Incentive Rate for employees with a B.A. or B.S. Degree or an Advanced P.O.S.T certificate will be increased by one percent (1 %) to a total of six percent (6%).
Effective July 1, 2020 the Education Incentive Rate for employees with an A.A. Degree or Intermediate P.O.S.T. certificate will be increased by one and one-half percent (1.5%) to a total of five percent (5.0%). Effective July 1, 2020 the Education Incentive Rate for employees with a B.A. or B.S. Degree or an Advanced P.O.S.T. certificate will be increased by one and one-half percent (1.5%) to a total of seven and one-half percent (7.5%).
As a condition of employment, and within one (l) year of the effective date of this Agreement, employees will make the necessary arrangements to have all sums paid pursuant to this agreement direct deposited into one or more bank accounts as designated by the employee.
19.3 Longevity Pay
Effective the first full pay period following City Council approval of this agreement, the City will compensate each bargaining unit member an additional three percent (3%) longevity pay of their base salary upon completion of their fifth year of regular full-time California sworn law enforcement service. The longevity pay will begin with the first full pay period following completion of the fifth year. The City will compensate each bargaining unit member who has completed fifteen (15) years of regular full-time California sworn law enforcement service an additional three percent (3%) longevity pay for a total of six percent (6%) of their base salary. The longevity pay will begin with the first full pay period following completion of the fifteenth year.
EPOA July 1, 2023 through June 30, 2026
24 All credited time must be as a regular full time California sworn law enforcement service. Non-Emeryville service will be verified at time of hire.
Section 20. Probationary Period
Police officers shall serve a probationary period during the first eighteen (18) months of employment. During the probationary period, an employee may be discharged at any time without cause by the City without appeal through Section 24, Grievance Procedure. The Police Chief shall have the authority to extend the probationary period an additional six (6) months.
Employees promoted to the Police Sergeant classification shall serve a six (6) month probationary period. The Police Chief shall have the authority to extend the probationary period an additional six (6) months.
Section 21. Overtime
21.1 Definitions
1) "Overtime" is any work performed in excess of forty (40) hours in a work week, or in excess of an employee's regularly scheduled work day, or on a regularly scheduled day off.
2) "Extension of the work day" means an extension of a regular work day, either before or after the shift.
3) "Standby overtime" occurs when any employee is required while off duty to be in an on-call status and available for immediate call back or is otherwise required to stand by or report his or her whereabouts during off duty hours. 4) "Call back time" is that time, exclusive of training or court overtime, which any employee spends at work when called back to duty on the employee's day off or during off duty hours on a regular work day other than time worked as an extension of the work day.
5) "Court Overtime" is time worked off duty for the purpose of conferring with members of the District Attorney's Office or appearing in court when subpoenaed as a witness in a criminal case or a civil case related to events perceived or investigated in the course of the employee's duty.
The parties agree to address the interests of the Department as articulated during negotiations for twelve (12) months following the execution of the MOU. At the end of the twelve-month period, should the Department desire to address the issues underlying the proposal, then the City / Department may reopen the MOU for the limited purpose of addressing members calling in sick when the member has previously been scheduled to work an overtime shift. The reopener must be exercised no later than thirteen (13) months after the execution of the MOU.
21.2 Rate of Compensation
Any authorized overtime worked shall be compensated at the rate of one and one-half (1-1/2) times the employee's regular straight-time rate of pay as defined in the Fair Labor Standards Act (FLSA). Overtime compensation shall be earned/compensated in increments of six (6) minutes.
Except as otherwise provided herein, overtime shall commence at the time an employee reaches the place where he or she is directed to report and shall continue until he or she is released or the work is completed, whichever is the earlier.
Compensation for an overtime shift will be based on the same method as for regular shifts, modified by the overtime rate.
21.3 Overtime Approval
All overtime credit must be approved by the Watch Supervisor or Division Commander.
21.4 Standby Time
If an employee is placed in an on call status, known as standby, by the Department or the District Attorney's Office, such employee shall be credited with one-half (h) their regular hourly salary rate during the period that they are on standby, provided that the employee shall be available at a telephone number supplied to the Department or District Attorney's Office during the standby period, and must report for duty if called at the time specified by the Department or the District Attorney's Office and that an employee will not be on standby for more than twelve (12) consecutive hours.
When the District Attorney's Office places an employee on standby, the employee must notify the on-duty Patrol Sergeant, who will complete the necessary Department records.
At the completion of the standby period, the employee will complete the necessary EPOA July 1, 2023 through June 30, 2026
26 Department form in person or by telephoning the dispatcher with the ending time. The form shall be verified by the on-duty Watch Supervisor.
21.5 Court Overtime
1) Employees who are required to testify in court or attend an attorney conference in any employment related civil or criminal matter immediately before or after his/her tour of duty that is an extension of their work day shall be compensated at the time and one-half (1-1/2) rate for actual time worked. 2) Employees who are off duty and who are required to testify in court or attend an attorney's conference in any employment related civil or criminal matter will receive a minimum four (4) hours overtime computed at time and one-half (1- 1/2). Overtime worked in excess of the minimum four (4) hours will be computed at time and one-half (1-1/2) for actual time worked.
3) Employees who are on a scheduled day off and are required to testify in court or attend an attorney's conference in any employment related civil or criminal matter will receive a minimum of four (4) hours overtime computed at the time and one-half (1-1/2) rate. Overtime worked in excess of the minimum will be computed at time and one-half (1-1/2) for actual time worked. 4) To be eligible for compensation under the provisions of paragraphs one through three (1-3) above, employees shall verify with the Department Court Liaison Clerk that their appearance at an attorney's conference is required before making such response.
5) Employees shall be reimbursed for expenses necessarily incurred in connection with court appearances and attorney conferences, and must receive the on-duty watch commander's prior approval for use of City vehicles for transportation while on duty.
6) When an employee is on vacation and the vacation is interrupted by a required court appearance or attorney conference, the employee shall be given an additional vacation day for each day of court appearance or attorney conference, and, subject to the approval of the Chief of Police, for travel time when the return from vacation is outside the immediate area.
21.6 Call Back Time
If an employee is called back to work, they shall, upon reporting, receive a minimum of four (4) hours work, or if four (4) hours work is not furnished, a minimum of four (4) hours pay at time and one-half (1-1/2). This provision does not apply to instances in which the employee is called to report before their regular starting time and performs the work as an extension of the regular work day.
EPOA July 1, 2023 through June 30, 2026
27 An employee affected by this provision may be assigned to perform any duties in his or her job classification in lieu of being sent home.
If, during off-duty hours, an employee assigned to the Crime Investigation Section (CIS) receives and participates in a phone or text communication related to a specific investigation during off-duty hours, they shall be compensated a minimum of one quarter (
1 /4) hour of pay at the overtime rate (1.5 times regular rate of pay). If the call lasts longer than a quarter hour, additional compensation will be paid in six minute increments in the same manner as overtime pay. If there are multiple phone and/or text communications during the same one quarter (1
/4) hour period, an employee is only entitled to one quarter (
1 /4) hour of pay at the overtime rate for the multiple phone or text communications.
Before communicating in the above manner, an employee must obtain approval from an on-duty supervisor. To be compensated for the one quarter (1/4) hour of pay at the overtime rate, the employee assigned to CIS is required to note the relevant police report, incident or case number on his/her timesheet for the pay period in which the call was taken.
21.7 Extension of Work Day Overtime
Overtime performed as an extension of the work day is computed at time and one-half (1-1/2) for the actual time worked. If an employee is required to report for duty early as an extension of the employee's work day, every effort shall be made to permit the employee to terminate work after an employee's regularly scheduled work shift if requested by the employee.
21.8 Overtime for Training
1) If an employee is required by the Department or by state law to attend a training class on a regular day off or on a regular work day, but not as an extension of the work day, the employee shall be guaranteed a minimum of four (4) hours overtime at the overtime rate of pay which shall be paid. 2) If an employee is required by the Department to attend a training class as an extension of the regular work day, the employee shall be guaranteed a minimum of one (1) hour overtime at the overtime rate of pay, with the understanding that there may be, at the Department's discretion, a break of less than fifteen (15) minutes between the end of the work day and the beginning or end of the one (1) hour training period.
3) Compensable training under this section may include, but is not limited to education, compulsory firearms training, meetings, conferences, and emergency care procedures, i.e., first aid and CPR.
EPOA July 1, 2023 through June 30, 2026
28 21.9 Commuter Training
Travel time to a training venue shall be pre-approved, assessed and authorized by the Chief of Police or their designee. All off-duty approved travel time will be compensated at a rate of time and-half (1 h) the regular hourly rate of pay.
21.10 Compensatory Time Off
An employee may elect to accumulate compensatory time off in lieu of payment for overtime worked. Compensatory time off shall accumulate at the rate of one and one-half (1-1/2) hours for each hour of overtime worked, to a maximum accumulation of one hundred (100) hours. The City shall buy-back compensatory time off accumulated in excess of eighty (80) hours annually during the month of November.
21.11 Use of Compensatory Time
Employees wishing to take compensatory time off must submit the necessary Department forms to their direct supervisor, giving reasonable advance notice. 1) If the request will not cause a team to fall below minimum staffing at the time of the request, the request should immediately be approved unless exigent circumstances prevent the approval . If the request will cause a team to go below minimum staffing, absent exigent circumstances, the following should occur: Within two (2) calendar days of receipt of the request, the direct supervisor should post the requested days for soliciting voluntary sign-ups for the overtime shift(s). In the event the voluntary sign up is not filled within 72 hours prior to the requested time off and minimum staffing is not met, the direct supervisor has the ability to deny the compensation time request.
2) For the purpose of this subsection, the number of compensatory hours an employee is required to use to be off on their scheduled work day and/or work week, will be a function of the employee's regular work schedule. 3) Compensatory time off may be requested and scheduled in advance to allow an employee to be off work on a combined vacation leave/compensatory time off period of one (1) week.
Section 22. Strikes and Lockouts
Employees represented by the EPOA shall not engage in any illegal strike, walkout, work stoppage, slow down or other interference with the conduct of City operation. Any employee engaged in such activity which is illegal may be subject to disciplinary action. The City shall not engage in any illegal lockout of employees covered by this agreement.
EPOA July 1, 2023 through June 30, 2026
29 Section 23. Layoff Procedures
23.1 Purpose:
This article provides the procedure to be followed when an employee is displaced/laid off from his/her position due to a reduction in the work force.
23.2 Definitions:
1) Layoff: Dismissal of at least one employee due to the lack of work, lack of funds, or abolishment of position.
2) Downgrade: A change in job classification of which the top salary is less than the top salary of the employee's present classification due to the layoff. 3) Salary: The monthly salary range and respective step for the affected classification.
23.3 Notification:
1) Whenever the Department Head anticipates a reduction in the work force, immediate notification to the City Manager shall be made. The notification shall include the anticipated number and classifications of employees to be laid off and plan for conducting an orderly layoff to reduce the adverse effect on employees to be laid off.
2) Whenever possible the City Personnel Officer shall notify affected employees, in writing, of the impending layoff at least thirty (30) days in advance of the layoff.
Service of notice to an employee absent from work for any reason shall be made by certified or registered United States mail or personal service. 3) The Notice of Layoff shall include an explanation of an employee's right to accept layoff in lieu of downgrade pursuant to Section 23.4(5) of this article.
23.4 Layoff Policy
1) The City agrees to meet and confer with the Association prior to any action taken on a proposal to reduce the work force.
2) During the first two (2) years following a layoff, laid off employees shall have the right to reinstatement to any vacancies in the classification from which they were laid off. 3) Laid off employees shall be eligible to take promotional examinations if they meet the minimum qualifications for the position in question. This eligibility shall not exceed two (2) years.
EPOA July 1, 2023 through June 30, 2026
30 4) An employee scheduled for lay off shall have the right to downgrade to a former classification in which the employee held probationary or permanent status. An employee who is downgraded pursuant to this article shall be paid in the new classification the salary range step closest to the monthly pay rate received immediately prior to downgrade. An employee who accepts downgrade in lieu of layoff shall retain the right to his or her former classification for a period of four (4) years.
5) Any employee downgraded pursuant to Section 23.4 of this article shall assume the seniority position that he or she would have been entitled to had he or she been serving continuously in the position that he or she has downgraded to.
23.5 Order of Layoff
l) Layoff shall be by classification unless the Department Head, with the approval of the City Manager, deems it in the best interest of the Department to make reductions in classification first and thereby cause separation from the service only in the lower ranks.
2) Employees who have held probationary or permanent status in non-affected classifications shall have the right to downgrade pursuant to Section 21.4(4) of this article.
3) The services of all temporary, part-time and probationary employees in the classification affected shall be terminated, in that order, before any reduction in the regular work force.
4) Layoff amongst full-time employees in the affected classification shall be made on the basis of classification seniority.
23.6 Exception to Order of Layoff
1) Whenever the Department Head believes that the best interests of the Department require the retention of employees with special qualifications, characteristics, and fitness for the work, the Department Head may request an exception to the order of layoff. Such request shall be made to the City Manager in writing. 2) If the Association disagrees with a request for an exception to the order of layoff, the Association may request that the matter be studied by a review committee. The review committee shall be comprised of an Association representative, a management representative, and a third party to be mutually agreed upon by the first two representatives. The review committee shall rule upon the appropriateness of an exception to the order of layoff. The finding of the review EPOA July 1, 2023 through June 30, 2026
31 committee shall be advisory to the City Manager. The review of an exception to the order of layoff shall be the only role of this committee.
23.7 Fringe Benefits
l) Employees being laid off shall be paid vacation, holiday accrual, overtime accrual and similar benefits per applicable ordinances and agreements. 2) Employees hired before July 1, 2014, upon being laid off may elect to receive compensation for sixty percent (60%) of the employee's accumulated and unused sick leave at the date of layoff, with a maximum payment equivalent to five hundred and seventy-six (576) hours sick leave pay. Such pay out shall be at the hourly rate of pay at separation less the 9% PERS contribution.
3) Employees with at least five (5) years of continuous service hired on or after July 1, 2014, upon being laid off may elect to receive compensation for sixty percent (60%) of the employee's accumulated and unused sick leave at the date of layoff, with a maximum payment equivalent to five hundred and seventy-six (576) hours sick leave pay. Such pay out shall be at the hourly rate of pay at separation less the 9% PERS contribution.
23.8 Assistance to Affected Employees
Assistance with unemployment benefits and the availability of retirement benefits or refunds shall be provided by the Personnel Officer at the request of laid off employees.
23.9 Recall
1) Employees in layoff status shall retain recall rights for a period of two (2) years following layoff and shall have preference to work over applicants on eligibility lists.
2) Recall shall be made by written notice to the affected employee made by personal service or certified or registered United States mail to the employee's last known address in the City personnel file. Recalled employees must signify their intent to return to work within ten (10) calendar days of receipt of the recall notice. Response to recalls shall be made to the City Personnel Officer.
3) Recall shall be offered to laid off employees, provided that meet standards set by the California Commission on Peace Officer Standards and Training. 4) Recall from layoff shall be by classification in the reverse order of layoff. 5) An employee recalled within two (2) years of layoff shall keep the same department and classification seniority dates as existed prior to layoff.
EPOA July 1, 2023 through June 30, 2026
32 6) Employees who return to a job classification covered by this agreement from a management status shall receive that rate of pay which is closest to that rate of pay in the classification that they were receiving prior to return.
Section 24. Off Duty Employment
24.1 Purpose
The purpose of this article is to provide for authorization of off duty employment of employees covered by this agreement and to set forth steps which must be taken when an employee seeks outside employment during his or her off duty hours.
24.2 Policy
It is the policy of the City of Emeryville and Emeryville Police Department that no employee shall seek or obtain outside employment which is inconsistent with, incompatible to, or in conflict with the employee's duties with the Department. This includes any and all off duty work whether in or out of uniform. Outside employment not otherwise prohibited herein shall not be obtained without prior written authorization from the Chief of Police.
24.3 Rule
No employee of the Department shall enter any employment outside of regular duties or establish any business that will in either case require them to work more than four (4) hours on any scheduled workday. All outside business or work for others is subject to authorization of the Chief of Police and will be allowed only under provision that:
1) Such outside work or business does not interfere with the employee's efficiency in performing regular duties.
2) Such outside work or business does not prevent the employee from responding to orders from the Chief of Police or their designee, to perform overtime work. 3) Such outside work does not involve the use for private gain of Department time, facilities, equipment, supplies, badge, uniform, prestige, or influence of the employee's departmental position or authority.
4) Such outside work does not involve receipt or acceptance by any employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such act, would be required or expected to render in the regular course or hours of his or her Department employment or as a part of their duties as a Department employee. 5) Such outside work does not involve the performance of an act in other than their capacity as a Department employee which act may later be subject directly or EPOA July 1, 2023 through June 30, 2026
33 indirectly to the control, inspection, review, audit, or enforcement of any other employee of the Department.
6) An employee who sustains a disabling injury or illness during the course of selfemployment or off duty employment, not related to employment in the City of Emeryville, is not entitled to receive workers' compensation benefits provided by the City.
24.4 Procedure
Every employee desiring to seek or accept outside employment shall submit a "Request for Outside Work Approval" to the Chief of Police, who shall investigate the request for outside employment and make a final decision and shall be responsible for proper notification to the applicant.
Section 25. Grievance Procedure
25.1 A grievance is any dispute which involves the interpretation or application of any provisions of this Memorandum of Understanding disciplinary actions, City Personnel Rules & Regulations, or Department General Orders.
25.2 Grievances shall be processed in the following manner:
1) The grievance shall be presented in writing either by the employee or by an authorized Association representative to the Chief of Police or their designated representative within fourteen (14) calendar days after the cause of such grievance occurs, or within fourteen (14) calendar days from the date the employee first had reason to know of the cause of such grievance. 2) The Chief of Police or their designated representative shall have ten (10) calendar days from date of receipt of the grievance in which to respond. If the grievance is not satisfactorily adjusted within this period, the grievance may be presented in writing either by the employee or by an authorized Association representative to the City Manager or to such representative as they may designate.
3) If, within ten (10) calendar days after the City Manager or his or her designee receives the grievance, the grievance remains unresolved either party may refer the grievance to arbitration. Such referral must be made within thirty (30) calendar days after expiration of the period set forth herein for the City Manager or his/her designee to consider the grievance.
Referral of a grievance to arbitration shall be in writing and deemed timely if it is postmarked or hand delivered to the other party within the thirty (30) calendar day period. In the event the Association and the City Manager or their designee are unable to select an impartial arbitrator by mutual agreement, the parties shall EPOA July 1, 2023 through June 30, 2026
34 jointly request that the State Mediation and Conciliation Service provide the parties with a list of the names of seven (7) impartial arbitrators. Each party shall alternately strike a name from the list until only one name remains. The party to strike first shall be chosen by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. Each party, however, shall bear its own costs, fees and expenses, including attorney's fees, duplication costs, witness fees and expert witness fees, if any, in pursuing or defending a grievance at every stage of the proceeding, including but not limited to, the hearing before the arbitrator, or before a court of competent jurisdiction. 5) Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto.
25.3 The arbitrator shall not entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Association and unless such dispute falls within the definition of a grievance as set forth in subsection
25.1, and is properly advanced through the chain of steps contained in this grievance procedure. Further, the arbitrator may not waive the rights of either party to the full enforcement of the grievance procedure or other provisions of this Memorandum of Understanding.
25.4 Proposals to add to or change this Memorandum of Understanding or written agreement or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator shall have any power or authority to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
25.5 No grievance involving disciplinary action taken against an employee will be entertained unless it is filed in writing with the City Manager within seven (7) calendar days of the time at which the affected employee was notified of such action.
All complaints involving or concerning the payment of compensation shall be _initially filed in writing with the City Manager or their designee. Only claims that employees have been compensated in a manner that violates one or more provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters concerning compensation shall be deemed beyond the scope of the grievance procedure.
25.7 General Conditions
1) The Police Chief shall be responsible for maintaining all grievance records, provided, however, the Association shall be entitled to copies of documents related to grievances filed by employees it represents and may maintain its own independent files of such documents.
EPOA July 1, 2023 through June 30, 2026
35 2) Both parties may agree in writing to shorten or lengthen the time limits between steps in the grievance procedure. Similarly, both parties may agree in writing to bypass steps in the grievance procedure in the interest of effecting a speedy resolution.
3) When possible, meetings required by the grievance procedure shall be scheduled during regular work hours. The grievant shall be entitled to reasonable time off without loss of pay for attending the meetings and/or hearings specifically set forth in the grievance procedure.
4) Time spent by the grievant outside the regular hours of work in the pursuit of resolution to the grievance is not compensable.
5) An aggrieved employee may be represented by any person or organization of his/her choice at any stage of the grievance procedure. A representative of the Association is entitled to be present at all meetings, conferences and hearings required by the grievance procedure in connection with the grievances filed by members of the unit represented by the Association.
6) Employees shall be assured freedom from reprisal for using the grievance procedure.
7) Failure of the grievant to proceed to any subsequent step of the grievance procedure shall be deemed a withdrawal of the grievance. 8) The City shall have the right to consolidate grievances where it deems consolidation appropriate.
9) The authority of an arbitrator to award damages is expressly limited to salary and benefits, with interest thereon, which an employee would otherwise be entitled under this Memorandum of Understanding.
10) Nothing in this section shall be construed to preclude an employee's right to separately pursue legal remedies which may be available under state and/or federal law.
25.8 Personnel Files
The official personnel file and the official grievance file shall be maintained separately. 1) Employees shall be provided with copies of any derogatory written material before it is placed in the employee's personnel file. The employee shall have an opportunity to respond, within thirty (30) days, in writing to such derogatory material and have their written response attached thereto.
EPOA July 1, 2023 through June 30, 2026
36 2) Material in personnel files of employees which may serve as a basis for affecting the status of their employment are to be made available for the inspection of the employee involved.
3) An employee, upon reasonable notice to his/her supervisor, shall have the right without loss of pay to examine and/or obtain copies of any material from their personnel file with the exception of material that includes ratings, reports, or records which were obtained prior to the employment of the employee involved.
The employee's personnel file shall be available for examination by the Union Field Representative as authorized by the employee. Employees covered by this Agreement wishing to review their personnel file shall call the Personnel Office in advance and schedule an appointment to inspect their personnel files. This right will be exercised reasonably.
4) All personnel files shall be kept confidential.
5) Formal letters of reprimand and/or formal counseling memoranda may, by mutual agreement between the City and the Union, include a specific date by which the letter or memorandum will be removed from the employee's personnel file provided that no further reprimands, memoranda, or other disciplinary actions have occurred with the employee during the intervening time period.
Employees or their designated representative may request a review of material contained in their personnel files for possible deletion. Any deletion of documents from any employee's personnel file requires the mutual agreement of the City and the employee.
Section 26. Joint Labor Management Committee
The Parties agree to continue the Joint Labor Management Committee ("JLMC") meetings to discuss topics currently of interest to the Parties, including but not limited to topics which emerge during any grievance proceeding. The Chief of Police, Human Resources Director and the Association will meet as needed to discuss the JLMC framework. Discussion of topical areas by_ the JLMC does not replace the meet and confer process nor does it modify agreements set forth in the MOU and does not replace the grievance process contained in this Agreement.
Section 27. Health and Safety
A Safety and Training Committee consisting of five (5) persons (consisting of one representative from each City Bargaining Unit) will meet at regularly scheduled intervals and shall hold safety meetings and inspections to recommend improvements consistent with OSHA and to recommend training programs to City Management. The Human Resources Director shall serve as staff to the Committee. Each bargaining unit shall designate one alternate member.
EPOA July 1, 2023 through June 30, 2026
37 Section 28. Savings Clause
If any provision of this Agreement should be held invalid, or restrained by law, or nullified by any court of competent jurisdiction, the remainder of this agreement shall not be affected thereby. Further, the parties to this Agreement shall meet and confer in good faith for the sole purpose of negotiating a mutually agreed upon substitute provision.
Section 29. Term of Agreement
This Memorandum of Understanding shall be effective on the date that it is signed by both parties hereto and shall remain in effect through June 30, 2026. [Continued on next page]
EPOA July 1, 2023 through June 30, 2026
38 SIGNATURE PAGE PLACE HOLDER
For the EPOA: For the City:
___________________________ ___________________________ Lance Goodfellow, President Paul Buddenhagen
Negotiating Team Member City Manager
___________________________ ___________________________ Warren Williams, Vice-President Lilybell Nakamura
Negotiating Team Member Human Resources Director
Negotiating Team Member
___________________________ ___________________________ Arnold Salaiz, Secretary Robert Alton, Police Lieutenant Negotiating Team Member Negotiating Team Member
___________________________ ___________________________ Pablo Rojas, Treasurer Pedro Jimenez
Negotiating Team Member Assistant City Manager
Negotiating Team Member
NEGOTIATED:
___________________________ ___________________________ Rocky A. Lucia, Jr. Gregory C. Ramirez
Attorney At Lawa - Chief Negotiator Labor Relations Consultant -Chief Negotiator Raines, Lucia & Stern, P.C. Industrial Employers and Distributors Association (IEDA)
Approved as to Form:
___________________________
John Kennedy
City Attorney
EPOA July 1, 2023 through June 30, 2026
39 APPENDIX A - WAGE SCHEDULE
Effective August 1, 2023
Monthly Step A B C D E F
Police Officer 10,304 10,662 11,036 11,422 11,824 12,296 Police Sergeant - - 12,889 13,531 14,208 14,493
Effective first full pay period in July 2024
Monthly Step A B C D E F
Police Officer 10,819 11,195 11,588 11,993 12,415 12,910 Police Sergeant - - 13,533 14,208 14,918 15,218
Effective first full pay period in July 2025
Monthly Step A B C D E F
Police Officer 11,360 11,755 12,167 12,593 13,036 13,556 Police Sergeant - - 14,210 14,918 15,664 15,979