APPENDIX 1
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Agenda Item No: 19.
AGENDA REPORT
DATE:May 3, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022102 of the City Council of the City of Fairfield Adopting a Successor Memorandum of Understanding Between the City and the Fairfield Police Management Association
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Adopt resolution for the new successor memorandum of understanding between the City and Fairfield Police Management Association (FPMA) to reflect the amendments made to the agreement as a result of successful bargaining between the parties.
DISCUSSION
Bargaining was postponed for the memorandum of understanding (MOU) between the City and FPMA in the summer of 2021. The parties agreed that negotiations would be difficult because of the disruptions caused by the Covid19 pandemic. The parties agreed to extend the expiration date of the MOU from June 30, 2021 to June 30, 2022.
In September of 2021, City and FPMA representatives began negotiating a successor MOU. The parties came to a negotiated settlement for the successor MOU and the members of FPMA have voted to ratify this new agreement. Therefore, staff recommends the City Council adopt the resolution for the new successor MOU with FPMA. This report provides a summary of the amendments made to the successor MOU:
The new term of this successor MOU will begin in July 1, 2022 and expire on June 30, 2025.
Effective the first pay period of each fiscal year, the cost of living adjustments agreed to are the following:
July 2022: 5%
July 2023: 3%
July 2024: 5.5%
Enhancements and clarifications were made to the following contract provisions:
Subpoena Time for Sergeants
Preparatory/Briefing Time for Lieutenants
Vacation/Sick Leave Reciprocity
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Agenda Item No: 19.AGENDA REPORTDATE:May 3, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022102 of the City Council of the City of Fairfield Adopting a SuccessorMemorandum of Understanding Between the City and the Fairfield Police ManagementAssociationRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdopt resolution for the new successor memorandum of understanding between the City and FairfieldPolice Management Association (FPMA) to reflect the amendments made to the agreement as a resultof successful bargaining between the parties.DISCUSSIONBargaining was postponed for the memorandum of understanding (MOU) between the City and FPMAin the summer of 2021. The parties agreed that negotiations would be difficult because of thedisruptions caused by the Covid19 pandemic. The parties agreed to extend the expiration date of theMOU from June 30, 2021 to June 30, 2022.In September of 2021, City and FPMA representatives began negotiating a successor MOU. Theparties came to a negotiated settlement for the successor MOU and the members of FPMA have votedto ratify this new agreement. Therefore, staff recommends the City Council adopt the resolution for thenew successor MOU with FPMA. This report provides a summary of the amendments made to thesuccessor MOU:The new term of this successor MOU will begin in July 1, 2022 and expire on June 30, 2025.Effective the first pay period of each fiscal year, the cost of living adjustments agreed to are thefollowing:July 2022: 5%July 2023: 3%July 2024: 5.5%Enhancements and clarifications were made to the following contract provisions:
Subpoena Time for Sergeants
Preparatory/Briefing Time for Lieutenants
Vacation/Sick Leave Reciprocity
Personal Leave for Captains
Holidays (Adding Juneteenth as an official holiday)
Sick Leave Calculations and Deferred Compensation
Training and Tuition Reimbursement
The redlined successor MOU is attached to this report.
FINANCIAL IMPACT
The total cost over three years of the amendments made to the successor MOU between the City and FPMA is $2,179,068 mainly paid from fund 011 (General Fund).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may not approve the new successor MOU between the City and FPMA and direct City staff to negotiate different terms than stated above.
STAFF CONTACT
Farbod Pirouzmand, Director of Human Resources
(707) 4287397
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Finance Department ATTACHMENTS:
Description
Proposed Resolution
Redlined FPMA MOU
REVIEWERS:
Reviewer Action Date
Pirouzmand, Farbod Approved 4/19/2022 10:29 PM
Pirouzmand, Farbod Approved 4/19/2022 10:30 PM
Pirouzmand, Farbod Approved 4/19/2022 10:30 PM
Alexander, Amber Approved 4/25/2022 1:41 PM
Alexander, Amber Approved 4/25/2022 1:41 PM
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CITY OF FAIRFIELD
RESOLUTION NO. 2022-102
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD
AMENDING THE TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE FAIRFIELD POLICE MANAGEMENT ASSOCIATION
WHEREAS, the City Council of the City of Fairfield enacted the Employer-Employee Relations Resolution No. 2001-185, pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500, et. Seq, and representatives of the city manager have met an d conferred in good faith with representatives of the Fairfield Police Management Association, the recognized employee organization for certain employees; and
WHEREAS, the Fairfield Police Management Association has held a successful ratification vote.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. That it approves the Memorandum of Understanding as outlined in Exhibit A for the Fairfield Police Management Association.
Section 2. The city manager is authorized and directed to do all things necessary to implement this resolution.
PASSED AND ADOPTED this 3rd day of May 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
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CITY OF FAIRFIELD
&
FAIRFIELD POLICE
MANAGEMENT
ASSOCIATION
July 01, 2022 - June 30, 2025
MEMORANDUM OF UNDERSTANDING
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Table of Contents
Title Page Number
Article 1 Recognition 1
Article 2 MOU Controlling 1
Article 3 Term of MOU 1
Article 4 No Discrimination 1
Article 5 Dues Checkoff 2
Article 6 Employee and Association Rights 2
Article 7 Management Rights 4
Article 8 Compensation/Wages 4
A. Wage Increases 4
B. Salary Compaction 5
C. Bilingual Pay 5
D. Incentive Pay 5
E. Overtime for Police Sergeants 6
F. Compensation for Lieutenants 8
G. Definitions 8
Article 9 Probationary Period and Merit Review 9
A. Probationary Period 9
B. Merit/Review 9
C. Promotion and Demotion 9
Article 10 Work Hours 10
A. Fixed Schedule 10
B. Flexible Schedule 10
C. Shift Bidding 10
Article 11 Light Duty 11
Article 12 Leave/Time Off 11
A. Holidays 11
B. Vacation 13
C. Personal Leave – Captains 14
D. Sick Leave 14
E. Bereavement Leave 16
Article 13 Health, Life Insurance, and Other Benefits 16 A. Medical and Dental Program 16
B. Unreimbursed Medical Expenses and Childcare Expenses 18 C. Vision Care 18
D. Retiree Medical 18
E. Life Insurance 18
F. Short Term Disability (STD) 19
G. Long Term Disability (LTD) 19
H. Employees’ Deferred Savings Account 19
I. Car Allowance 19
J. Direct Deposit 20
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K. Financial Consulting Service 20
L. Retiree Medical Expense Program 20
Article 14 Uniform Allowance, and Safety Equipment Issuance 20 A. Uniform allowance 20
B. Ballistic Vests 20
Article 15 Tuition Reimbursement 21
Article 16 P.O.S.T. Reimbursement 21
Article 17 Retirement 21
A. PERS 21
B. Employee PERS Contribution 22
Article 18 Employee Assistance Program (EAP) 22
Article 19 Internal Affairs Panel 22
Article 20 Grievance Procedure 23
A. Definition of Grievance 23
B. Purpose 23
C. Process 23
D. General Provisions 24
Article 21 Discipline Procedure 25
A. Written Reprimand 25
B. Suspensions, Demotions, and Terminations 26
Article 22 Layoff Procedure 27
A. Statement of Intent 27
B. Notification 27
C. Vacancy and Demotion 27
D. Seniority 28
E. Employment Status 28
F. Re‐employment Status 28
G. Duration of Re‐employment Status 29
Article 23 No Strike 29
Article 24 Residency Requirement 29
Article 25 Drug and Alcohol Testing 29
Article 26 Special Assignments 30
Article 27 Severability and Integration 30
Article 28 Continuation of Labor and Management Meetings 30 Signature Page 31
Appendix 1 Light Duty Policy and Procedure 32
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MEMORANDUM OF UNDERSTANDING
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1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
FAIRFIELD AND
THE FAIRFIELD POLICE MANAGEMENT ASSOCIATION
Whereas, the Fairfield Police Management Association ("FPMA" or the "Association") represents all sworn police officers holding the rank of Sergeant or above, excluding the Chief of Police; and
Whereas, the authorized representatives of the City and the authorized representatives of the Association have met and conferred pursuant to California Government Code Section 3500 et seq., and the City's Resolutions No. 2001‐185, in order to reach an agreement concerning wages, hours, and working conditions within the scope of representation; and
Whereas, the Association and the City hereby acknowledge that the provisions of this agreement are not intended to abrogate the authority and responsibility of the City Government provided for under the laws of the State of California or the ordinances and resolutions of the City Council; and
Now, therefore, the City of Fairfield and the Association agree to this Memorandum of Understanding (MOU), as follows:
ARTICLE 1. RECOGNITION
The Association is recognized by the City as the exclusive representative of sworn officers at or above the rank of Sergeant, excluding the Chief of Police, in the Fairfield Police Department. As such, the Association has the exclusive right to serve as the negotiating representative for all such employees, on matter within the scope of representation as defined by California Government Code section 3504.
ARTICLE 2. MOU CONTROLLING
The City's Employee Relations Resolution shall govern City employment, unless the MOU conflicts, in which case the MOU shall control.
ARTICLE 3. TERM OF MOU
The terms of this MOU shall commence from July 1, 2017 2022 through June 30, 20212025.
Article 4. NO DISCRIMINATION
In the administration of this MOU, no person covered by this MOU shall be discriminated against on the basis of membership or non‐membership in the Association, or participation in the activities of the Association.
The City reserves the right to administer and interpret the MOU to ensure compliance with anti‐discrimination laws.
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2 This MOU provision shall not be interpreted to grant rights in addition to those conferred by federal, state, and local laws.
ARTICLE 5. DUES CHECKOFF
The City and the Association acknowledge that a dues checkoff procedure has been adopted pursuant to City Resolution No. 2001‐185, which procedure shall continue during the term of this MOU.
ARTICLE 6. EMPLOYEE AND ASSOCIATION RIGHTS
A. The Association and covered employees shall have those rights conferred by the Meyers‐Milias‐Brown Act, Government Code section 3500, et seq.
B. Employees shall not have any formal punitive personnel action taken which will result in any loss of pay or benefits, unless the employee is notified in writing as to the reason or reasons thereof and given reasonable opportunity to respond. Nothing in this clause shall prevent the City from rejecting, without cause, an employee during probationary status.
C. The City shall abide by the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.) and such is hereby incorporated into this agreement.
D. Formally recognized employee organizations may select not more than two (2) employee members of such organizations to attend scheduled meetings with the Director of Human Resources or other management officials on subjects within the scope or representation during regular work hours without loss of compensation.
Where circumstances warrant, the Director of Human Resources may approve the attendance of additional employee representatives with or without the loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the Director of Human Resources at least three (3) calendar days in advance of such meetings. Provided further:
1. That no organization representative, who is a City employee, shall leave his or
her duty or work station without specific approval of the Chief of Police or other authorized City Management official.
2. That any such meeting is subject to scheduling by City management in a manner consistent with operation and work schedule.
3. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. No compensation shall be paid City employees for any meetings or related work conducted out of the normal working hours.
E. Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose Packet Page 251 of 338Attachment 2 Page 6 of 40
3 of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location during normal duty hours without the consent of the Chief of Police or the Director of Human Resources. Such consent shall not be unreasonably withheld. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.
F. Recognized employee organizations may, with prior approval of the Director of Human Resources, be granted use of the City facilities during off‐duty hours for meetings of City employees provided such space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.
The use of City equipment, other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited, the presence of such other equipment in approved City facilities notwithstanding.
G. Recognized employee organizations may use portions of City bulletin boards under the following conditions:
Prior to posting, all materials must receive the approval of the Department or Division Head in charge of the departmental bulletin board. Should the Department Head not approve any item for posting and, if after discussing the matter with the employee organization representative a disagreement still remains, then the matter shall be referred to the Director of Human Resources for determination.
1. All materials posted shall not constitute harassment, discrimination, or retaliation based on a legally protected status.
2. All materials must be dated and must identify the organization that published them.
3. Unless special arrangements are made, materials posted must be removed thirty‐one (31) days after publication date.
4. The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' material.
5. An employee organization that does not abide by these rules shall forfeit its right to have materials posted on City bulletin boards.
H. The parties recognize that a substantial body of statutory and case law has developed relative to the rights and obligations of an employer and the employees pursuant to the Meyers‐Milias‐Brown Act. It is agreed by both parties that each will be bound by applicable statutory and case law. It is also agreed in the interest of maintaining Packet Page 252 of 338Attachment 2 Page 7 of 40
4 improved employer/employee relations, that each party will make a good faith effort to respect the rights of the other party at all times during the life of the MOU.
ARTICLE 7. MANAGEMENT RIGHTS
A. The Association recognizes that the City retains, whether exercised or not, solely and exclusively, all express and inherent rights and authority pursuant to law with respect to determining the level of and the manner in which the City's law enforcement activities are conducted, managed, and administered, and the Association recognizes the exclusive rights of the City to establish and maintain Departmental rules and procedures for the administration of the Police Department during the term of this MOU provided that such rules and procedures do not violate any of the specified express provisions herein.
B. The City retains the exclusive right and authority to schedule work and/or overtime work as required in the manner most advantageous to the City.
C. It is understood by the parties that every incidental duty connected with operations enumerated in job descriptions is not always specifically described, nevertheless, it is intended that all such duties shall be performed by the employee.
D. The City reserves the right to discipline or discharge employees for cause, subject to the City's and/or Police Department's discipline procedures.
E. The City reserves the right to lay off personnel in accordance with the City's procedures, and as established in the MOU.
F. The City shall determine work assignments, and establish methods and processes by which assignments are performed.
G. The City shall have the right to transfer or reassign employees within the Police Department in a manner most advantageous to the City.
H. Except as otherwise specifically provided in this MOU, the City retains unqualifiedly all rights and authority to which, by law, the City is entitled.
I. The City shall have the authority to affect reorganization of the Police Department.
J. The Association recognizes that the City has rights and obligations in contracting for matters related to municipal operations. The right of contracting or subcontracting is vested exclusively in the City.
K. The Association pledges cooperation to the increasing of Departmental efficiency and effectiveness. Any and all rights concerning the management, organization, and direction of the Police Department and the police force shall be exclusively the right of the city unless otherwise provided by the express terms of this MOU as permitted by law.
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5 ARTICLE 8. COMPENSATION WAGES
A. Wage Increase
Effective the first pay period which fully occurs in July, 2017 or the first full pay period following City
Council adoption of the successor MOU, whichever occurs later, the City will increase base wages for
all represented classifications in the bargaining unit by 4.0%.
Wage increase for the term of this MOU are as follows:
Effective the first full pay period in July, 2018, the City will increase base wages for all represented
classifications in the bargaining unit by 4.0%.
Effective the first full pay period in July, 2019, the City will increase base wages for all represented classifications in the bargaining unit by 4.0%.
Effective the first full pay period in July, 2020, the City will increase base wages for all represented classifications in the bargaining unit by 4.0%. 5% increase in base wage the first full pay period in July of 2022 3% increase in base wage the first full pay period in July 2023 5.5% increase in base wage the first full pay period in July 2024
Hourly base wages following implementation of the 2017 4.0% wage increase are as follows:
Police Sergeant
(AA) Step 1 Step 2 Step 3 Step 4 Step 5_
$56.890 $59.734 $62.721 $65.857 $69.150
Police Sergeant
(BA) Step 1 Step 2 Step 3 Step 4 Step 5_
$58.312 $61.227 $64.289 $67.503 $70.878
Police Lieutenant
Step 1 Step 2 Step 3 Step 4 Step 5_
$67.059 $70.411 $73.932 $77.629 $81.510
Police Captain
Step 1 Step 2 Step 3 Step 4 Step 5_
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6 $77.117 $80.973 $85.022 $89.273 $93.737
B. Salary Compaction
The top step base wage for a Police Sergeant with a Bachelor’s Degree is no less than
17.5% above a top step Police Officer with a Bachelor’s Degree, Advanced POST, FTO, Proficient officer and maximum Longevity incentives. The top step base wage for a Police Sergeant with an Associate’s Degree or 60 accredited college units is 2.5% below the top step Police Sergeant with a Bachelor’s Degree. The top step base wage for a Police Lieutenant is no less than 15.0% above a top step Sergeant with a Bachelor’s Degree. The top step base wage for a Police Captain is no less than 15.0% above a top step Police Lieutenant.
C. Bilingual Pay
Each employee who meets the City's certification and eligibility requirements shall be compensated an additional $75.00 per month, beginning the pay period following testing and certification. The City will choose the languages qualifying for bilingual pay.
D. Incentive Pay
Police Sergeants with a P.O.S.T. Supervisory Certificate, which requires an A.A. degree or 60 semester credits, 11 of years of experience as a Police Officer (with two or more years as a supervisor) and completion of 900 hours of P.O.S.T. training, shall be paid at the same level as a Sergeant with a B.A. degree.
E. Overtime for Police Sergeants
Police Sergeants shall receive overtime, at the rate of 1‐1/2 times the regular rate of pay, to the closest quarter of an hour as follows:
1. FPMA acknowledges the City’s intention to declare a 7K work period, 171 hours/28 days. Thus, for purposes of the FLSA, the City shall pay overtime at the rate of 1‐1/2 times the regular rate of pay, for hours worked beyond 171 in a 28‐day.
2. The City will pay overtime based on this MOU, as follows:
a. For all sergeants, overtime shall be paid for all hours in excess of 165.42 in a 28‐day period.
b. Police Sergeants assigned to a fixed work schedule (i.e., patrol sergeants) shall be paid at an overtime rate for hours worked as an extension of a regularly scheduled work shift. If an employee has already worked the normally scheduled workday and is subsequently called back to duty before the next normally scheduled workday, the employee shall receive compensation at the overtime rate to the closest quarter of hour.
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7 3. In addition to overtime compensation pursuant to the FLSA and paragraph 2 above, the City will pay MOU overtime benefits for unscheduled work time as follows:
a. Court: 1‐1/2 pay or Compensatory Time Off (CTO), with four‐hour minimum.
Exception: 1‐1/2 pay or CTO for court appearances, which occur prior to, or extend beyond, employees' scheduled work periods shall be hour‐for‐hour, with no minimum.
b.
c. Multiple court appearances in the same day shall be paid straight through from the start of the initial appearance through the last appearance when the employee is relieved. In such instances, there shall not be multiple four‐hour minimums. a. Employees who have been subpoenaed to appear in Court on a regularly scheduled day off and are subsequently cancelled less than 48 hours prior to the Court appearance will be eligible to receive two (2) hours of pay at time and one‐half of the employee’s base wage.
If an employee is subpoenaed for a Court appearance on a Monday and this is
the employee’s regularly scheduled day off, the employee will be eligible to receive two (2) hours of pay at time and one‐half of the employee’s base wage unless the subpoena is cancelled at least 48 hours prior to the beginning of the employee’s regularly scheduled weekend.
If the employee has multiple subpoenas on the same day, the employee may be eligible for an additional two (2) hours of pay if the second subpoena is scheduled more than two (2) hours after the first. Example: if the first subpoena is for 8:00 a.m. and the appearance is cancelled after the 48‐hour limit, and the second subpoena is for 10:30 a.m. and the appearance is cancelled for that appearance, the employee will be eligible to receive four (4) hours of pay at time and one‐half of the employee's base wage. For purposes of this section, no employee will be eligible for more than four (4) hours of additional in any one day.
Employees may be noticed by the City or District Attorney’s Office of Court cancellation.
Should the employee receive two subpoenas and one is cancelled while the other still requires the employee to attend, the employee will only be compensated for the scheduled appearance. In this instance the employee will not be entitled to the two (2) hours of time and one‐half pay.
a.b. Call Outs: 1‐1/2 pay or CTO, with four‐hour minimum.
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8 Exceptions:
1. If call out begins less than four hours before the start of an employee's reporting to duty, there will be no four‐hour minimum.
2. Multiple call outs on the same day shall be paid straight through from the start of the initial appearance through the last appearance when the employee is relieved. In such
instances, there shall not be multiple four‐hour minimums.
c. Special Services Assignments
1‐1/2 pay or CTO. There will be no minimum number of hours.
d. Preparatory/Briefing Time Premium Pay
Based upon the parties' good faith estimates of the time necessary to prepare for and conduct daily briefings, each Police Sergeant shall be paid
5.42 hours of Preparatory/Briefing Time each 28‐day work period.
e. Preparatory/Briefing Time will be paid at the straight time rate of pay and will be paid during periods of paid leave.
f. Preparatory/Briefing Time will be reported to PERS as compensation and is subject to confirmation by PERS.
4. CTO: In lieu of pay, upon request of the employee, the City will pay for overtime in the form of Compensatory Time Off (CTO). CTO balances may not exceed 240 hours. CTO is earned at the rate of 1‐1/2, as described above. The City may cash out CTO balances at any time, upon notice to the affected employee. Employees may cash out Compensatory Time Off upon reasonable advance notice to the City. Employees may, with approval of their supervisors, take Compensatory Time Off. Requests for taking CTO shall not be unreasonably denied. With reasonable notice to payroll, all Compensatory Time may be cashed out upon employee request.
F. Compensation for Lieutenants
Lieutenants will be paid a salary for scheduled hours worked during each pay period.
1. Work Hours In Excess of Regular Schedule
For all Police Lieutenants, overtime shall be paid at a rate of 1‐1/2 times the employee’s hourly rate of pay for all paid hours in excess of 160 hours in each 28 day FLSA work period.
2. Compensation for Particular Duties
Overtime for additional duties shall be paid as follows:
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9 a. Court Appearances ‐ 1‐1/2 pay or CTO with four‐hour minimum:
Exception: 1‐1/2 pay or CTO for court appearances, which occur prior to, or extend beyond, employees' scheduled work periods shall be hour‐for‐ hour, with no minimum.
b. Extra Shifts ‐ 1‐1/2 pay or CTO.
c. Meetings ‐ 1‐1/2 pay or CTO with four‐hour minimum.
d. Call outs ‐ 1‐1/2 pay or CTO with a four‐hour minimum.
e. Shift Extensions ‐ 1‐1/2 pay when employees are required to work more than two hours past the end of their normally scheduled work day.
f. Travel/TDY Time ‐ To be handled by shift adjustment or 1‐1/2 pay or CTO.
g. Special Services Assignments: ‐ 1‐1/2 pay or CTO. There will be no minimum number of hours.
3. Preparatory/Briefing Time Premium Pay
Based upon the parties’ good faith estimates of the time necessary to prepare for and conduct daily briefings, each Police Lieutenant will be paid
3.84 hours of Preparatory/Briefing Time each 28‐day work period.
a. Preparatory/Briefing Time will be paid at the straight time rate of pay and will be paid during of periods of paid leave.
b. Preparatory/Briefing Time will be reported to PERS as compensation and is subject to confirmation by PERS.
G. Definitions:
1. Call outs — A call out occurs when the City instructs an employee to report to work on City business during off‐duty hours. Employees must receive prior approval from their supervisor before responding to call outs.
2. Meetings — Employees who are required to attend a meeting on their day off shall be eligible for the additional compensation. Employees who are required to attend a meeting which occurs more than two hours prior to the start of their shift, or which occurs and concludes more than two hours after the end of their shift, shall be eligible for the additional compensation.
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10 3. Shift extensions — Employees who are required to work into the next shift shall be eligible and will receive the additional compensation upon approval of their supervisor.
ARTICLE 9. PROBATIONARY PERIOD AND MERIT REVIEW
A. Probationary Period
Police Management shall serve a probationary period of 12 months.
B. Merit/Review
If appointed at (or promoted to) Step 1, employee are eligible for a merit review six (6) months after the date the action becomes effective. If appointed above Step 1, the merit review will be 12 months from effective date.
C. Promotion and Demotion
1. Promotion
Upon promotion to Sergeant, the promoting Officer will receive the Sergeant wage step no less than 5.0% above the monthly wage of the highest paid Police Officer, inclusive of Field Training Officer pay. In the event the Field Training Officer program is eliminated, upon promotion to Sergeant, the promoting Officer will receive the Sergeant wage step no less than 5.0% above the monthly wage with incentives of the highest paid Police Officer. All other classifications will receive the wage step of the new classification closest to 5.0% without going under 5.0%.
A promotion is defined as moving from one classification to another classification where the top step salary of the new classification exceeds the top step wage of the previous classification. Employees who are promoted will serve a 12‐month probationary period.
2. Demotion
Upon rejection during secondary probation employees will go to the same step and seniority as they had in their previous classification prior to the promotion.
3. Merit Date
The annual review date will change to correspond to the effective date of the promotion or rejection during secondary probation.
ARTICLE 10. WORK HOURS
A. Fixed Schedule
Police Sergeants assigned to a fixed work schedule shall have specified starting times and ending times to their work shifts. The employees shall have a fixed number of hours per shift, though they may not have the same starting and ending times every day. Hours worked in excess of the scheduled shift shall be paid in accordance with the overtime policy.
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11 5 days work / 2 days off
8 hours per workday
4 days work / 3 days off
10 hours per workday
4 days work / 3 days off / 5 days work / 2 days off
9 hours per workday
4 days work / 2 days off / 5 days work / 3 days off
9 hours per workday
3 days work / 4 days off / 4 days work / 3 days off
One additional day off to be assigned per 28‐day FLSA work period
12.31 hours per workday
NOTE: On schedules listed above, workdays indicated are not exact and would be adjusted to total 165.42 hours per 28‐day work period.
B. Flexible Schedule
Police Sergeants assigned to a flexible work schedule shall have the responsibility for working a minimum of 165.42 hours per 28‐day FLSA work period. Employees on a flexible schedule shall have a general understanding or agreement regarding when the employee will routinely report to work (e.g., Monday‐Friday, 2:00 p.m. to 10:00 p.m.).
That normally scheduled workday may be flexed at any time to accommodate Department operations.
If the Department directs an employee at the end of the work period to flex hours to avoid exceeding 165.42 hours worked, it must provide at least 48 hours written or verbal notice.
If flexible schedule employees are assigned to schedules with other than weekends off, to the extent possible, consistent with Department needs, days off shall be selected by seniority.
When employees assigned to a flexible schedule are required to work more than two hours past the end of their normally scheduled workday, they shall be compensated in accordance with the overtime policy and the compensated time shall be excluded from counting towards the minimum work required of 165.42 hours minimum within the 28‐ day FLSA work period.
Employees assigned to a flexible work schedule shall be notified by Personnel Action Form.
C. Shift Bidding
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12 Sergeants and Lieutenants assigned to a patrol shift will bid for their shift based on seniority within their classification. Shift bids will take place during the regular shift rotations, normally every six (6) months.
ARTICLE 11. LIGHT DUTY
Light duty may be provided for employees who are unable to work due to injury or illness from either industrial or non‐industrial causation. Further, workers' compensation law and disability plans provide that an employee is not entitled to temporary disability benefits if suitable light duty work is available.
The basic principles are as follows:
The employee is temporarily not able to resume full duty, but is capable of performing some work duties.
The employer may develop a light duty work assignment commensurate with the employee's temporary work restriction.
If the employer is unable to offer light duty work, the employee is entitled to continued temporary disability benefits until the employee is able to resume normal duties, or is permanent and stationary, whichever is earlier.
If the employee declines suitable light duty work, the employee is no longer entitled to temporary disability benefits.
The City’s policy and procedure for light duty is available in Appendix 1.
ARTICLE 12. LEAVE/TIME OFF
A. Holidays
1. Paid Holidays
Employees are eligible for paid holidays beginning the first date of hire.
Employees who are required to work on holidays accrue holidays as cash payment. The accrual rate is 40 48 hours per year (1.54 1.846 hours/pay period).
2.2. Vacation
In‐Lieu of
Holiday
Employees are eligible to take vacation in lieu of holidays beginning the first date of hire as they are accrued. Police classifications required to report to work on holidays accrue vacation in‐lieu of holiday at an accrual rate of 56 64 hours per year (2.16 2.462 hours /pay period). The maximum accrual rate is 56 64 hours per year.
3. 3. Holiday credits
Holiday credits shall be accrued on the following basis:
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13 Sergeants
In Lieu Holidays 58 64 hours per year – 2.23 2.462 hours per pay period Paid Holidays 41.3 49.63 hours per year – 1.59 1.909 hours per pay period
Lieutenants
In Lieu Holidays 64 hours per year – 2.462 hours per pay period Paid Holidays 49.15 hours per year – 1.89 hours per pay period
All Other members
In Lieu Holidays 56 64 hours per year – 2.16 2.462 per pay period Paid Holidays 40 48 hours per year – 1.54 1.846 per pay period
4. 4. Holidays for 40‐Hour Workweek
Those scheduled for a 40‐hour workweek receive the following paid holidays:
1. January 1 – New Year’s Day
2. January (Third Monday) – Martin Luther King Jr’s Day
3. February (Third Monday) – President’s Day
4. May (Last Monday) – Memorial Day
June 19 ‐ Juneteenth
July 4 – Independence Day
September (First Monday) – Labor Day
October ‐ Columbus Day
November 11 – Veterans Day
November – Thanksgiving
November – Friday after Thanksgiving
December 24 – Christmas Eve
December 25 – Christmas Day
New Year’s Eve
Holidays that fall on Saturday shall be observed on the previous Friday and holidays that fall on Sunday shall be observed on a succeeding Monday.
Sequential holidays falling on a Friday/Saturday or a Sunday/Monday shall be celebrated on a Friday and Monday.
5. Floating Holiday
Employees will have one 8‐hour floating holiday placed into a floating holiday bank annually. The hours in
this bank are not cashable and must be used in the year they are accrued.
This bank is capped at a total of 8 hours.
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14 B. Vacation
During the first six (6) months of employment, new hires shall not be eligible to take vacation. Upon completion of six (6) months of continuous full‐time service, vacation accrued during the previous six (6) month period may be taken. Vacation credits are earned during each anniversary year at the rate indicated below.
1. Vacation Accrual
Vacation leave with pay shall accrue on the following basis:
Sergeants – Years of Service Number of Vacation Days Per Year Date of Hire through year 3 3.18 hours per pay period (10 days per year)
Beginning year 4 through 10 4.78 hours per pay period (15 days per year)
Beginning year 11 through 15 6.36 hours per pay period (20 days per year)
Beginning year 16 through 20 7.32 hours per pay period (23 days per year)
Beginning year 21 and over 7.95 hours per pay period (25 days per year)
All Other Members – Years of Service Number of Vacation Days Per Year Date of Hire through year 3 3.08 hours per pay period (10 days per year)
Beginning year 4 through 10 4.62 hours per pay period (15 days per year)
Beginning year 11 through 15 6.15 hours per pay period (20 days per year)
Beginning year 16 through 20 7.08 hours per pay period (23 days per year)
Beginning year 21 and over 7.69 hours per pay period (25 days per year)
The maximum vacation hours that may be accrued are 2.0 times the employee's current annual rate.
Upon ratification of the successor MOU between the parties, the City will adhere to the following criteria for lateral hires and current employees in the bargaining unit that were hired prior to 2017:
a. Lateral Hires will be credited with years of service for each year of full‐ time peace officer service with another agency for the purposes of determining vacation and sick leave accrual rates. For example, a Lateral Hire with five years of full‐time service as a peace officer with another agency is eligible for City vacation accrual at the five years of service rate.
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15 b. Laterals hired prior to 2017 will also be credited with the years of service for each year of full‐time peace officer service with another agency for the purposes of determining vacation accrual rate. The years of service credit will become effective for qualified employees the first full pay period of July 2023
c. Upon hire, Lateral Hires will be immediately provided one year’s worth of sick leave and vacation, at the rate of accrual as determined in 1 above, in their leave banks.
2. Vacation Cash Out
Employees may cash out up to 100 hours of their vacation balance each calendar year; provided, however, that employees exercising their option to cash out must maintain a minimum balance of 80 hours of vacation (includes vacation‐in‐lieu) after the cash out.
FPMA and the City agree to explore legal and appropriate methods to render the vacation cash outs reportable to PERS. Upon separation from the City, employees shall be paid for any unused vacation credit, at the rate applicable on their date of separation.
C. Personal Leave ‐ Captains
The annual amount of personal leave is 144.86 164.86 hours (accrues at 5.57 hours per pay period). Employees are eligible to use as it is accrued, subject to the Police Chief’s discretion. Employees may cash out up to 100% of their personal leave bank with advance notice to payroll.
D. Sick Leave
1. Accrual and Use
Sergeants shall receive 12 working days of sick leave with pay for each full year, accrued biweekly at a rate of 3.83 hours per pay period.
All other members shall receive 12 working days of sick leave with pay for each full year, accrued biweekly at a rate of 3.70 hours per pay period.
Employees are eligible to use sick leave as it is accrued. There shall be no limit on the amount of accumulated sick leave.
Sick leave shall be allowed and used solely for cases of actual personal sickness or disability, medical or dental treatment, or as authorized for other necessary health reasons and may be used by the employee for attendance upon a member of his/her immediate family who is seriously ill and is requiring the care and attention of the employee. An employee intending to use sick leave for medical/dental appointments shall notify his/her immediate supervisor in advance of the appointment.
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16 For purposes of this section, immediate family is defined as mother, father, spouse, domestic partner, son, daughter, step child, brother, sister, grandparent, grandchild, foster parent, foster child, or a child for whom the employee is a legal guardian.
2. Yearly Payoff
Except as herein provided, all employees may be paid annually on the first regular paycheck in December, 25% of the unused sick leave earned during the previous 12 month period, ending the last pay period in November.
Employees leaving City service at their own request shall be compensated for twenty‐five percent (25%) of unused sick leave earned between the end of the past pay period the previous November and the date of termination.
If an employee dies while in City service, his beneficiary shall be entitled to the same.
Employees terminated or who resign in lieu of termination from City service shall not be eligible for benefits as outlined in this paragraph.
32.. Payoff with Death
If an employee dies after completing five (5) full years of employment, his/her beneficiary shall be entitled to reimbursement for 50% of his accumulated sick leave.
43. Payoff with Duties Related to Death
If an employee dies due to a duty‐related death, his/her beneficiary shall be entitled to reimbursement for 100% of accumulated unused sick leave.
5.4. Separation PayoffSick Leave Distribution
i. The cash‐out formula for Police managers who retire or terminate their employment with the City after 15 years' continuous service shall receive a cash out of 75% of their unused sick leave.
ii.
iii. An employee is eligible for an additional incentive payment of ten percent (10%) if he or she has accrued a minimum of 8.1 days of sick leave for each year of service. In no event will the maximum cash out exceed (85%). This calculation shall not be affected by "early distribution" sick leave credits made pursuant to section 12.D.6.
iv.
v. Any sick leave hours not eligible for payoff will be applied to PERS service for retirement purposes.
Annual Distribution
In December of each year, for sick leave hours accrued above 500, employees must elect to receive a distribution of sick leave hours in cash or make a contribution to a qualifying 457 deferred compensation account or a Retiree Health Savings account (RHS).
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17 If employees elect to receive cash for hours in excess of 500, they will receive 50% of the value of those hours at their corresponding hourly base rate of pay.
If employees elect to contribute hours in excess of 500 to a qualifying deferred compensation or RHS account, they will receive 100% of the value of those hours at their corresponding hourly base rate of pay. Deposits must be compliant with IRS and plan document requirements.
Distribution at Retirement
At the time of retirement from the City, employees have the following options for their final sick leave balance:
1. Employees may elect to receive 100% of their sick leave balance in CalPERS service credit
1.2. Employees who have reached maximum service credit may elect to receive 75% of their sick leave balance in cash.
Distribution Upon Resignation
Employees who resign from the City may receive cash for 50% of their current sick leave balance. Employees terminated or who resign in lieu of termination are not eligible for this benefit.
6. Early Distribution
Notwithstanding any other provision of this section, an employee with over five hundred (500) hours of sick leave as of the first regular paycheck in December, shall receive a sick leave credit equal to the product of the hours over five hundred (500) and the pay rate then in effect, and such amount shall be contributed by the City to the Retiree Medical Expense Program established pursuant to Section 12.L. The FPMA may change the threshold number of hours of sick leave upon implementation of the program and in future years, by notifying the Human Resources Department by December 1.
At the time the employee's separation payoff is computed pursuant to section 12.D.5., the difference between one hundred percent (100%) and the computed separation payoff percent shall be multiplied by the number of the "early distribution" sick leave hours that such employee received in previous years, and the product of the resulting numbers of hours and pay rate in effect upon separation shall be subtracted from the sick leave separation payoff computed pursuant to section 12.D.5. If insufficient sick leave hours remain at separation, resulting in an overpayment of sick leave hours previously transferred, the employee's RHS account balance will be debited to reimburse the City of the overpayment.
At the time the employee’s retirement payoff is computed pursuant to section 12.D.5, any early distribution hours shall be combined with the current sick leave bank balance for the calculation of available leave hours.
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18 At the time of the employee’s resignation or termination, if, as a result of the calculation pursuant to Article 11.D.5., the City has over contributed to the employee’s ICMA Vantage Care account, resulting in an overpayment of sick leave, an employee with less than 15 years of continuous employment will have their RHS account debited using the average hourly rate for all hours previously transferred to reimburse the City for the over payment.
75. Pursuant to PERS Law Section 21163, employees covered by this MOU shall not be entitled to delay the effective date of their disability retirement until the expiration of their accumulated sick leave.
86. Subject to the following conditions, when an employee is injured in the line of duty and thereby permanently disabled from performing police duties, and retires with an industrial disability from PERS, the 75% of accrued unused sick leave shall be transferred to the ICMA Retirement Health Savings Program at the time of retirement regardless, of City tenure.
After fifteen (15) years of continuous service, if an employee has accrued at least 8.1 days of sick leave for each year of service, the City will pay an additional ten percent (10%) of unused sick leave under paragraph 12.D.5.
a. The employee is required to have filed for industrial retirement with PERS prior to his/her separation date with the City: and,
b. The City must agree that the disability is industrial, or there must be a final legal decision that the disability is industrial; and,
c. The retirement date is in compliance with subsection 7 above.
9. Employees who do not qualify for sick leave separation payoff shall have their sick leave hours applied to PERS service for retirement purposes.
E. Bereavement Leave
The Police Chief may grant his/her employees up to a maximum of five (5) days of bereavement leave in the event of death or serious traumatic injury to the employee's immediate family. For purposes of this section, immediate family is defined as mother, step‐mother, mother‐in‐law, father, step‐father, father‐in‐law, spouse, domestic partner, son, daughter, step‐child, brother, sister, grandparent, grandchild, foster parent, foster child, or a child for whom the employee is a legal guardian. The Director of Human Resources may grant City employees up to a total of ten (10) days of bereavement leave. The number of authorizations may be made to any employee are not limited.
For purposes of this section, a "serious traumatic injury or illness" is defined as a sudden and unexpected event which requires prompt and immediate attention from the Packet Page 267 of 338Attachment 2 Page 22 of 40
19 employee without delay. It may also include attending to the need of an immediate family member who is expected to die in the immediate future. Bereavement leave shall be taken immediately in conjunction with the event or death or serious traumatic injury or illness.
ARTICLErticle 13. HEALTH, LIFE INSURANCE, AND OTHER BENEFITS A. Medical and Dental Program
Full‐time employees are eligible for health and dental coverage beginning the first day of the month after the date of hire.
Effective July 1, 2017 or the first full pay period following City Council adoption of the successor MOU, whichever occurs later, the City contribution to medical insurance premium for the 2017 benefit plan year will be based on 50% of the increase of premium between the 2016 and 2017 Kaiser $35 copay plan.
Effective the first full pay period in July 1, 2018, the City contribution to the medical insurance premium for the 2018 benefit plan year will increase, if any, by 50% of the difference between the 2017 and 2018 Kaiser $35 copay plan.
Effective the first full pay period in July 1, 2019, the City contribution to the medical insurance premium for the 2019 benefit plan year will increase, if any, by 50% of the difference between the 2018 and 2019 Kaiser $35 copay plan.
Effective the first full pay period in July 1, 2020, the City contribution to the medical insurance premium for the 2020 benefit plan year will increase, if any, by 50% of the difference between the 2019 and 2020 Kaiser $35 copay plan.
The City will base its increase in its contribution to the dental benefit based on 50% of the increase of premium for the Cigna Dental HMO plan each fiscal year of the MOU.
If, during the term of the Agreement, Kaiser no longer offers the medical plan described and/or the Delta Care PMI is no longer offered, the City will adjust its medical/dental plan contribution for employees to the Kaiser plan with the lowest premium at the applicable rate, and the Dental Health Maintenance Organization (DHMO) plan with the lowest premium at the applicable rate.
The City shall not automatically assume responsibility for the increase in employee medical and dental premiums after the expiration of this Agreement.
Health Insurance Opt‐Out
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20 Employees providing proof of other coverage may drop health/dental coverage and receive taxable income of $518 per month subject to the following requirements.
Employees electing dental only receive $518 per month less the cost of the premium for the dental plan in which they have enrolled. Employees electing medical only do not receive any payments.
1. Effective the first full pay period in July 1, 2018, the City contribution to the medical insurance The employee opting‐out of City health coverage must certify that the employee, and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a Federal marketplace, a State exchange, or an individual policy.
2. During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan.
The City is legally required to immediately stop conditional opt‐out payments if medical insurance premiums increase from one year to the next by an amount greater than allowed by applicable law.
3. 3. The employee understands that the City is legally required to immediately stop conditional opt‐out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.
B. Unreimbursed Medical Expenses and Childcare Expenses The City's cafeteria plan provides health/dental premiums. Medical and dependent care expenses are to be paid on a non‐taxable basis. Allocation amounts must be determined at the beginning of the plan period. Services must be received during the plan period and any unused allocation will be lost. Coverage is extended to IRS approved medical and/or dependent care expenses.
C. Vision Care
The City will pay the premium for basic vision coverage, unless negotiated otherwise by the City's insurance broker.
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21 The City will not contribute toward the cost of any plan other than those specifically sponsored by the City.
D. Retiree Medical
Employees may continue enrollment in City retiree health plans at their option, and at their cost, upon retirement. Employees will be allowed a one‐time irrevocable election at the time of retirement to elect retiree coverage. Retirees may be enrolled in either the health or dental plans, or both. Retirement shall mean employees who retired from the City of Fairfield with a PERS retirement at the time of separation and who remain continuously retired under PERS.
Retirees are responsible for paying the full cost of the premium by the due date set by the City. If payment is not timely received, the retiree and any spouse or dependent shall be terminated from the program without right to re‐enroll at a later date.
Retirees must enroll in a Medicare‐supplement plan when they become eligible for Medicare, presently age 65. Failure to enroll in a Medicare‐supplement plan will result in termination from the program. The Medicare premium is the responsibility of the retiree.
In the event of the death of a retired employee, the surviving spouse and dependents who are participating in the City plan at the time of death of the retired employee may continue on the City health insurance plan at his/her own cost under COBRA regulations only, subject to plan restrictions and conditions.
For all retirees, once health and dental coverage is terminated, it cannot be later reinstated.
E. Life Insurance
For basic life insurance, employees covered by this MOU will be eligible the first day of the first month after date of hire. The city will pay in full an amount equal to 1.5 times the annual salary rounded to the next $1,000 for a Life and Accidental Death/Dismemberment insurance policy to a maximum of $150,000.
For supplemental life insurance, employees covered by this MOU will be able to purchase coverage equal to two times their annual salary. Health questionnaires are may be required for the purchase of the supplemental life insurance.
F. Short Term Disability (STD)
The City administers the self‐funded STD plan. The STD benefit schedule shall match the State Disability Insurance (SDI) benefit schedule. The benefit commences after a 7‐day waiting period, or immediately if hospitalized. Coverage is for non‐industrial injuries for a maximum of 180 days. An employee is eligible the first of the month after three (3) months of continuous employment. STD payments received are non‐taxable, as permitted by law. The employee will pay the monthly premium, which may be adjusted annually based on an actuarial study.
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22 G. Long Term Disability (LTD)
Employees will be eligible the first day of the first month after the date of hire. There will be a 180‐day waiting period after the date of the nonindustrial injury or illness causing the disability before employees are eligible for benefits. The maximum benefit will be equal to 60% of salary, subject to the benefit maximum. The City reserves to right to change insurers at its sole discretion.
H. Employees' Deferred Savings Accounts
1. 401(a)
Employees will be eligible effective on their date of hire. Total contributions are limited to the amount specified by Federal Law. If an employee elects to enroll in the 401(a) plan, the City contribution is 4.75%, and the employee mandatory contribution is 4.75%.
Enrollment in the 401(a) plan is irrevocable.
The FPMA should notify the Human Resources Department:
a. Upon initial meeting with the Director of Finance, and, b. In the future, by November 1 of each year, if it wishes to change the City's contribution for the deferred percentage allocation between plans.
Employees will be eligible effective on their date of hire. Total contributions are limited to the amount specified by federal law and plan documents. If an employee elects to enroll in the 401(a) plan, the City contribution is 6.00%, and the employee mandatory contribution is 6.00%
Enrollment in the 401 (a) plan is irrevocable.
In the first pay period containing July 1st, 2022, all bargaining unit members represented by FPMA shall enroll in the 401(a) plan. Newly hired employees in or after that pay period shall have a one‐time irrevocable option of enrolling in the 401(a)
2. 457
Employees will be eligible effective on their date of hire. The City's contribution to the 457 will be 1.25%; the employee contribution will be optional. Total contributions are limited to the amount specified by Federal Law. Changes in employee's deferred savings account may be authorized on a monthly basis.
However, if an employee chooses not to participate in the 401(a), the City's 4.75% contribution to a 401(a) will be added to the 457 contribution, but only if the employee contributes at least 4.75%.
The FPMA should notify the Human Resources Department:
a. Upon an initial meeting with the Director of Finance, and
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23 b. In the future, by November 1 of each year, if it wishes to change the City's contribution for the deferred percentage allocation between plans.
Enrollment in a 457 deferred compensation plan is optional. The City does not provide any contribution to the 457 plan. Total contributions are limited to the amount specified by federal law. Changes in contributions are permissible and contributions may be stopped at employee’s option. There will be no employer matching to the 457 deferred compensation plan.
I. Car Allowance
Lieutenants and other positions designated by the Chief of Police shall receive a $200 per month automobile allowance unless a take‐home vehicle is provided by the City.
J. Direct Deposit
: Upon written request from an employee, an employee's paycheck shall be directly deposited in an approved bank, savings and loan, or credit union.
K. Financial Consulting Service
Optional enrollment; enrollment irrevocable while employed with the City; current services provided through the Association with Benefits Communication Network (BCN); employee pays $24/year.
L. Retiree Medical Expense Program
The City provides a Retiree Medical Expense Program via ICMA VantageCare. The Retiree Medical Expense Program shall have the following attributes: tax‐free treatment of health benefits, tax‐deferred treatment of earnings and payments, ability to charge any health premiums and unreimbursed health costs (not just for City health plans), assets remaining after employee’s death go to spouse/dependents. During the term of this agreement, the City shall contribute $50.00 per month per employee toward this program.
ARTICLEArticle 14. UNIFORM ALLOWANCE, AND SAFETY EQUIPMENT INSURANCEUniform Allowance, and Safety Equipment
Issuance
A. Uniform Allowance
The annual uniform allowance is $1,250.
The uniform allowance will be paid on a prorated basis each pay period effective pay period 1 2018. The uniform allowance shall be reported to PERS as part of salary for Classic members.
Uniforms damaged in the line of duty shall be replaced or repaired in accordance with existing policy.
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24 B. Ballistic Vests
The City will replace each ballistic vest issued to each employee at the expiration of the current certification of the vest and each time thereafter. It shall be the responsibility of each employee to notify the City at the expiration of the vest's certification. The City will replace the old vest with a new level, threat level III (A), ballistic vest. It shall be the responsibility of each employee to replace the fabric carrier if it wears out prior to the vest.
Equipment which is damaged or lost will be replaced or repaired in accordance with existing Police Department policy.
Any interest that the City acquires through the issuance or payment of maintenance allowance for safety equipment shall vest in the employee after seven (7) years of continuous service with the Department as a sworn officer.
ARTICLE rticle 15. TUITION REIMBURSEMENT Tuition Reimbursement The City will provide a tuition, fees, and books reimbursement program for educational activities which are directly job‐related and approved in advance by the Chief of Police, subject to reimbursement guidelines established by the City's Director of Human Resources.
With the Chief of Police prior approval, employees shall be entitled to tuition reimbursement for undergraduate courses in pursuit of a B.A. or B.S. degree and graduate courses in pursuit of a Master's Degree.
The maximum calendar year tuition reimbursement is $4,000. $5000.
ARTICLErticle 16. . P.O.S.T. REIMBURSEMENTeimbursement Employees in P.O.S.T training will receive the P.O.S.T. City per diem per day for meals. The per diem amount will be adjusted according to P.O.S.T. guidelines for meals. The department will submit to P.O.S.T. for partial reimbursement of the City per diem.
ARTICLErticle 17. RETIREMENT Retirement
A. The City's contract with the Public Employees' Retirement System (PERS) provides for the following benefits:
1. 1. Classic Member Tier – Retirement benefits for Classic members hired prior to 1/1/13 or new hires hired after 12/31/12 who are not defined as "New Members" in Government Code Section 7522.04 include:
• 3.0% @ age 50 retirement formula (GC 21362.2)
• Single highest year compensation (GC 20042)
• Death Benefits — Basic Level (GC 21532)
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25 • 1959 Survivor's Benefits (Level IV) (GC 21574)
• Continuation of Pre‐Retirement Death Benefits After Remarriage of Survivor (GC21551)
• PERS unused sick leave credit option (GC 20965)
• Military service credit as public service (GC 21024)
• Employee Sharing Cost of Additional Benefits (GC 20516)
2. 2. New Member Tier – New members, as defined by PERS, hired on or after January 1,
2013, shall receive the following PERS benefits.
• 2.7% @ age 57 retirement formula (GC 21362.2)
• Three year average of final compensation (GC Section 20042) • Other benefits as defined by PEPRA 2013
B. Employee PERS Contribution
1. Classic Members
The employee contribution rate shall be is 11.25%.
Effective the first full pay period following City Council adoption of this MOU, each Classic employee shall pay 2.25% of the Employee contribution and 6.0% of the Employer contribution. The City shall pay 9.0% as an Employer Paid Member Contribution.
Effective the pay period including July 1, 2018, each Classic employee shall pay 2.25% of the employee contribution and 7.25% of the Employer contribution.
The City shall pay 9.0% as an employer Paid Member Contribution.
Effective the pay period including July 1, 2019, each Classic employee shall pay 2.25% of the employee contribution and 8.5% of the Employer contribution.
The City shall pay 9.0% as an employer Paid Member Contribution.
Effective the pay period including July 1, 2020, each Classic employee shall pay 2.25% of the employee contribution and 9.75% of the Employer contribution.
The City shall pay 9.0% as an employer Paid Member Contribution.
Employer paid member contributions (EPMC) are reported to PERS as salary for PERS retirement purposes only.
2. New MembersNew Members
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26 The employee contribution shall be half the total normal cost of the retirement plan as defined by
CalPERS.
Administration: Employee retirement contributions will be on a pre‐tax basis pursuant to IRS Section 414(h)(2).
Article ARTICLE 18. EMPLOYEE ASSISTANCE PROGRAM (EAP) Employee Assistance Program (EAP)
The City will provide an EAP that employees may utilize at any time.
The Chief of Police and department managers may require employees covered by the Association to attend an EAP counseling session(s) during working hours for work related matters. The purpose of the session(s) is to assist the employee in receiving advice about workplace issues.
ARTICLErticle 19. INTERNAL AFFAIRS PANEL Internal Affairs Panel The Internal Affairs Panel is a group of three (3) members representing the Police Department and the bargaining unit whose responsibility is to objectively examine the facts of administrative internal investigations. . The Internal Affairs Panel shall consist of two (2) managers selected by the Chief of Police and one (1) manager selected by the Association.
Whenever a complaint is filed, either externally or internally, against any member of the Association, and, after the investigation is completed, the manager of the internal affairs process will review the investigation. If it appears the complaint's disposition may be sustained or partially sustained then, at the request of the accused officer, the Internal Affairs Panel shall be convened. The panel makes appropriate, unbiased recommendations on any punitive action that may be taken against a member of the bargaining unit
The Internal Affairs Panel shall:
1. Review the facts of the investigation;
2. Attempt to reach consensus on the disposition (not sustained, sustained, partially sustained, exonerated, unfounded);
3. Recommend further action to be taken, if any, to the Chief of Police.
The findings of the panel shall be advisory in nature and written in memorandum to the Chief of Police. If consensus cannot be reached, a minority and majority opinion may be forwarded to the
Chief of Police. The findings of the panel shall be reviewed by the manager of the internal affairs process who may concur or write a separate recommendation to the Chief of Police.
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27 In any investigation where the Internal Affairs Panel has reviewed the investigation and made a recommendation of disciplinary action, the appeal of the disciplinary action will be directed to the Chief of Police who shall meet with the affected parties and render a decision within ten (10) working days. For written reprimands, there shall be no appeal of the Chiefs decision. For suspensions of one (1) or more days, the employee may choose to use the discipline procedure.
ARTICLEArticle 20. GRIEVANCE PROCEDURErievance Procedure A. Definition of Grievance
A grievance is defined as an allegation by the Association or an individual covered by the MOU that the City has violated:
1. An express term of the MOU;
2. A written personnel rule or regulation in the City; or
3. An established City policy governing personnel practices or working conditions.
B. Purpose
It is the intent of the parties to deal with and settle grievances informally, promptly, and fairly, and at the nearest practical organizational level.
C. Process
In any instance of a grievance, the employee or employees concerned shall first make efforts to resolve such grievance informally with their immediate supervisor within 20 calendar days following the occurrence of the events on which the grievance is based.
1. First Step
If a mutually satisfactory solution of a grievance is not reached after informal discussion with the immediate supervisor, then the aggrieved party shall submit a formal written grievance to the immediate supervisor within 14 calendar days. The immediate supervisor must submit a written response within 14 calendar days.
2. Second Step
If the grievant is not satisfied with the supervisor's response, the grievant(s) may advance the grievance to the second level supervisor within 14 calendar days. The second level supervisor shall consider the matter and submit a written response within 14 calendar days after receiving the grievance.
1.3. 3. Third Step
If the grievant is not satisfied with the second level supervisor's response, the grievant may advance to the Chief of Police within 14 calendar days after receiving the second level supervisor's response. The Chief of Police shall consider the matter and submit a written response within 14 calendar days after receiving the grievance.
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28 4. Fourth Step
If the grievant is not satisfied with the Chief of Police’s response, the grievant may advance the grievance to the City Manager within 14 calendar days after receiving the Chief of Police’s response. The City Manager or designee shall consider the matter, and may hold a hearing at his/her discretion and submit a written response within 14 calendar days after receiving the grievance. The decision of the City Manager shall be final.
D. General Provisions
1. Consolidation of Grievances
Iin order to avoid the necessity of processing numerous similar grievances, a single "class grievance" may be filed by employees who are within a single department. The City also reserves the right to consolidate responses to such grievances.
2. Requirements for Written Grievances
Grievances must contain the following information in order to be considered:
a. The grievant's name, signature, and classification; b. A list of those specific policies or MOU provisions alleged to have been violated;
c. A statement of the facts and circumstances supporting the grievances;
d. A description of all relief requested; and
e. The address where the grievant wishes the grievance to be postmarked.
3. Receipt of Grievance
A grievance shall be considered "received" within five (5) days of being postmarked to the address specified by the grievant.
2.4. Time Limitations
If a grievant fails to advance the grievance to the next step, as specified by this procedure, the grievance shall be considered withdrawn. If the City fails to respond within the time specified within this procedure, the grievance shall be considered advanced to the next step. Notwithstanding any provision in this section, any time limit or stage of procedure specified in this section may be waived or modified upon the written consent of all parties involved.
3.5. Scheduling
During the determination of a grievance herein, there shall be no interruption of scheduled work relating to the grievance. Whenever Packet Page 277 of 338Attachment 2 Page 32 of 40
29 reasonably feasible, grievances shall be handled during the regularly scheduled working day hours of the parties involved, and at a mutually convenient time for all affected parties.
6. Advances
With the written consent of the City, grievances may be submitted directly at Step 3 or 4 of the grievance procedure.
ARTICLErticle 21. Discipline ProcedureDISCLIPLINE PROCEDURE For employees exempt from FLSA overtime regulations, the City will follow Department of Labor regulations pertaining to disciplinary deductions. As used in this section, working day shall refer to the working day of the party involved (supervisor, division commander, Chief of Police, City Manager and/or their designees), depending upon whose response of action is pending.
A. Written Reprimand
For written reprimands, steps 1‐6 shall be followed:
1. 1. The immediate supervisor may meet with an employee to discuss proposed discipline action after notifying the employee in writing that such a meeting is being held for the purpose of ascertaining whether disciplinary action is appropriate.
2. 2. After any meeting or meetings held under paragraph A.1, the supervisor shall
notify the employee of the proposed discipline action by written notice containing the following information:
a. a. A description of the action taken and its effective dates.
b. b. A clear and concise statement of the reasons for such action,
including the acts or omissions on which the disciplinary action is based.
c. c. A statement advising the employee of the right to respond, either verbally or in writing, to the authority proposing the action prior to its effective date.
b.d. d. A statement that a copy of the materials upon which the action is based is attached or available for inspection upon request.
e.e. A statement advising the employee of the method and right to appeal and the time within which the appeal must be made.
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30 2.3. 3. If the employee disagrees with the proposed disciplinary action, he or she shall within 14 calendar days of the written notice request a meeting with the supervisor recommending discipline to attempt to resolve the issue.
3.4. 4. The supervisor shall confirm the results of the meeting in a memorandum to the employee.
4.5. 5. If a satisfactory solution has not been reached under paragraph 3) within 14 calendar days, the employee may submit the matter to the employee's division commander for discussion.
5.6. 6. If, after thorough discussion, the division commander has not been able to satisfactorily resolve the issue within 14 calendar days it shall be referred to the Chief of Police. The division commander shall prepare a written memorandum setting forth the recommended disciplinary action. The Chief of Police shall meet with the affected parties and render his/her final decision with ten (10) working days.
B. Suspensions, Demotions, and Terminations
For suspensions of one (1) or more days, demotions, or terminations, steps 1‐6 under paragraph A shall be followed. However, an employee may be placed on administrative leave with pay when exigent circumstances exist that requires immediate removal from duty.
In addition to steps 1‐6 under paragraph A, the additional steps below shall be followed for suspensions of one (1) or more days, demotions, or terminations:
1. 1. An employee who has been suspended for one (1) or more days, demoted,
or terminated, may appeal the decision of the Chief of Police concerning the action, within 14 calendar days of receiving the Chief's decision. The City Manager shall appoint a hearing officer who shall conduct an administrative hearing. The City Manager or designee, shall consult with the employee's representative prior to making the appointment. The hearing officer shall be a neutral party from outside the organization.
2. 2. The fees and expenses of the hearing officer and court reporter shall be shared equally among the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of witnesses called by the other.
3. A party requesting a transcript to the hearing shall bear the cost thereof. The hearing officer shall make a recommendation to the City Manager to sustain, modify, or reverse the disciplinary decision. A copy of the recommendation will be given to the employee.
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31 The City Manager will issue a final decision with 14 calendar days of receiving the recommendation, and may, but is not required to, accept the hearing officer's recommendation.
4. This procedure does not constitute a waiver of the employee's rights to request a review of the City's decision in a court of law pursuant to Code of Civil Procedures Section 1094.5.
ARTICLE 22rticle 22. LAYOFF PROCEDURE Layoff Procedure
A. A. Statement of Intent
Whenever, in the judgment of the City Council, due to lack of funds or lack of work, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off or demoted. Such layoffs shall not be considered disciplinary actions for appeal purposes.
B. Notification
Employee to be laid off or demoted shall be given, whenever possible, at least thirty (30) calendar days' prior notice. The City may choose to give the employee who shall be laid off up to thirty (30) days' severance pay in lieu of the thirty (30) days' written notice.
C. Vacancy and Demotion
Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee is qualified. All persons so demoted shall have their names placed on the re‐ employment list.
When the Director of Human Resources believes that the best interest of the City requires the retention of employees with special qualifications, characteristics, skills and fitness for the work, the Director of Human Resources may prepare a written request to the City Manager to grant an exception to the order of layoff after consultation with representative of the recognized employee association.
An employee affected by the layoff shall have retreat rights to displace an employee in the same department who has less seniority in a lower class, in the same class series, or in a lower classification in which the affected employee once had a permanent status. For the purpose of this section, seniority includes all periods of full‐time service at or above the classification level where the layoff is to occur. Employees who are bumped back in rank within the bargaining unit will maintain the time worked in the higher rank for purposes of seniority in the new lower rank.
D. Seniority
In order to retreat to a lower class, an employee must request displacement action in writing to the
Human Resources Department within five (5) working days of receipt of the notice of layoff.
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32 Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off. Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class.
E. Employment Status
In each of the positions, employees shall be laid off according to employment status in the following order:
a. Temporary,
b. Provisional,
c. Probationary, and
d. Permanent
Temporary, provisional, and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority.
In cases where there are two or more permanent employees in the class from which the layoff is to be made, such employees in the class from which the layoff is to be made, shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) calendar days prior to layoff, as follows:
First, all employees with performance evaluations of unsatisfactory or improvement needed; Second, all employees with performance evaluations of competent or meets job standards, or above;
Employees within each category shall be laid off in inverse order of seniority in City service.
F. Re‐employment List
The list of persons laid off or demoted in accordance with these rules shall be entered upon a re‐employment list. Such list shall be used by the appointing authority when a vacancy arises in the same or lower class position before certification is made from the eligible list.
G. Duration of Re‐employment List
Names of persons laid off shall be carried on a reemployment list for two (2) years, except that persons appointed to permanent position of the same level as that which laid off, shall, upon such appointments, be dropped from the list. Persons who refuse re‐ employment shall be dropped from the list. Persons reemployed in a lower class shall be continued on the list for higher positions for two (2) years. All persons re‐employed after one (1) year shall be required to serve a new probationary period.
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33 ARTICLErticle 23. NO STRIKENo Strike
The Association, on its own behalf and on behalf of the unit employees it represents, agrees that during the term of this MOU, and throughout all periods when there is any effort or procedure underway to arrive at a successor Agreement, and during any period when the law prohibits strike activity, there will be no strike, work stoppage, concerted unauthorized absences, slow‐down, or refusal to cross picket lines of any sort, and that the Association will not directly or indirectly encourage or condone such actions by unit employees.
Any bargaining unit member violating this provision shall be subject to disciplinary action, up to and including termination of employment.
This provision may be specifically enforced in any court of competent jurisdiction.
ARTICLE rticle 24. RESIDENCY REQUIREMENTesidency Requirement Every sworn officer shall maintain a residence within 60 minutes from the City of Fairfield Civic Center.
ARTICLErticle 25. DRUG AND ALCOHOL TESTING Drug and Alcohol Testing The parties will follow the City of Fairfield Reasonable Suspicion Drug and Alcohol Testing Policy and
Procedure as specified for the FPMA and City of Fairfield Administrative Policy, Chapter 200, Section 41 Drug and Alcohol Testing for City Employees. As a part of the City's commitment to the health and safety of employees, the City provides a drug free work place in accord with the Drug Free Work Place Act of 1988. It is understood that the unlawful manufacture, distribution, dispensing, possession or use of drugs and/or alcohol is prohibited in the work place and that violation of this provisions would subject the employee to disciplinary action. The City has a zero tolerance standard for employees being under the influence of or in possession of alcohol and/or drugs while at work.
ARTICLErticle 26. SPECIAL ASSIGNMENTSSpecial Assignments
The City will provide a competitive process for selection to special assignments. However, the Chief maintains the right to select, appoint, or remove the candidate.
ARTICLErticle 27. SEVERABILITY AND INTEGRATION Severability and Integration
Except as specifically provided herein, if any article or provision of this MOU, or any portion thereof, is in conflict or inconsistent with applicable laws, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such article or provisions, or portion thereof, shall be suspended and superseded by such applicable law and the remainder of such article, provision, or portion thereof, of the MOU shall not be affected thereby.
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34 ARTICLErticle 28. CONTINUATION OF LABOR AND MANAGEMENT MEETINGS Continuation of Labor and Management
Meetings
During the term of the Agreement, the Association and the City agree that the Parties will continue to meet to negotiate language revisions for the MOU for the purpose of intent clarity.
No changes will be made without mutual agreement.
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35 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING
REACHED BETWEEN
THE REPRESENTATIVES OF THE CITY AND
THE FAIRFIELD POLICE MANAGERS’ ASSOCIATION
City of Fairfield: Fairfield Police Managers’
Association:
__
David J. Gassaway John Divineerry Camous
Interim City Manager Labor Relations RepresentativeFPMA President
__
Date Date
Packet Page 284 of 338Attachment 2 Page 39 of 40
36 Appendix 1.
Light Duty Policy and Procedure
It is the City’s policy to temporarily provide light or modified duty work assignment to all injured employees to all injured employees until they can return to full work status. However, the City is under no obligation to provide light or modified duty if there is none available.
A physician may return an injured employee to duty with work restrictions prior to releasing the employee to his/her regular full work duties. It is important that the treating physician understand the physical job demands of the injured worker in order to prescribe the proper work restrictions. The City must communicate to the treating physician the essential functions of the job classification is so that necessary work restrictions may be determined. Risk Management consults with the physicians to provide this information on an as needed basis.
A “light duty” assignment is made when an employee’s work restriction (s) can be temporarily accommodated within his/her normal duties. A “modified duty” assignment is made when an employee’s work restriction(s) is considered to be permanent and their position duties are accommodated to allow for the work restriction.
Under this policy, Supervisors have the added responsibility to ensure that any and all work restrictions specified by the treating physician are rigidly adhered to and enforced during the period of light or modified duty assignment, and employees are required to adhere to the work restrictions. Additionally, employees are responsible for self‐monitoring to ensure they are adhering to the restrictions identified by their treating physician.
While on light or modified duty, employees will receive their regular base rate of pay in most circumstances.
Light and/or modified duty assignments shall be considered flexible and adaptable to meeting the particular needs of both the disabled employee and the department. This may include assignments of less than eight (8) hours a day, frequent breaks, the use of modified work stations, and so forth. Each situation will be evaluated on an as‐needed basis. The assignment of a light or modified duty position shall not be considered a permanent job placement.
If an employee is released by his or her treating physician to light or modified duty, Risk Management follows up with the department to determine whether the employee can be returned to work in a light duty mode. If the department or the City does not have a light or modified duty assignment for the employee, the employee receives temporary disability payments for industrial injury or illness, and may be eligible for short term disability benefits for non‐industrial injury. The City may assign employees to light duty work in other departments or divisions provided that the work duties are appropriate for the skills of the employee and the work restrictions.
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Agenda Item No: 20.
AGENDA REPORT
DATE:May 3, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Resolution 2022103 of the City Council of the City of Fairfield Adopting a Successor Memorandum of Understanding Between the City and the Fairfield Police Officers’ Association
RECOMMENDED ACTION
Adopt resolution.
STATEMENT OF ISSUE
Adopt resolution for the new successor memorandum of understanding between the City and Fairfield Police Officers’ Association (FPOA) to reflect the amendments made to the agreement as a result of successful bargaining between the parties.
DISCUSSION
Bargaining was postponed for the Memorandum of Understanding (MOU) between the City and FPOA in the summer of 2021. The parties agreed that negotiations would be difficult because of the disruptions caused by the Covid19 pandemic. The parties agreed to extend the expiration date of the MOU from June 30, 2021 to June 30, 2022.
In September of 2021, City and FPOA representatives began negotiating a successor MOU. The parties came to a negotiated settlement for the successor MOU and the members of FPOA have voted to ratify this new agreement. Therefore, staff recommends the City Council adopt the resolution for the new successor MOU with FPOA. This report provides a summary of the amendments made to the successor MOU:
The new term of this successor MOU will begin in July 1, 2022 and expire on June 30, 2025.
Effective the first pay period of each fiscal year, the cost of living adjustments agreed to are the following:
July 2022: 5%
July 2023: 2%
July 2024: 6.5%
Enhancements and clarifications were made to the following contract provisions:
Bilingual
Telephone Callback
FTO: Motor Training Officers
Packet Page 286 of 338
Agenda Item No: 20.AGENDA REPORTDATE:May 3, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Resolution 2022103 of the City Council of the City of Fairfield Adopting a SuccessorMemorandum of Understanding Between the City and the Fairfield Police Officers’AssociationRECOMMENDED ACTIONAdopt resolution.STATEMENT OF ISSUEAdopt resolution for the new successor memorandum of understanding between the City and FairfieldPolice Officers’ Association (FPOA) to reflect the amendments made to the agreement as a result ofsuccessful bargaining between the parties. DISCUSSIONBargaining was postponed for the Memorandum of Understanding (MOU) between the City and FPOAin the summer of 2021. The parties agreed that negotiations would be difficult because of thedisruptions caused by the Covid19 pandemic. The parties agreed to extend the expiration date of theMOU from June 30, 2021 to June 30, 2022.In September of 2021, City and FPOA representatives began negotiating a successor MOU. Theparties came to a negotiated settlement for the successor MOU and the members of FPOA have votedto ratify this new agreement. Therefore, staff recommends the City Council adopt the resolution for thenew successor MOU with FPOA. This report provides a summary of the amendments made to thesuccessor MOU:The new term of this successor MOU will begin in July 1, 2022 and expire on June 30, 2025.Effective the first pay period of each fiscal year, the cost of living adjustments agreed to are thefollowing:July 2022: 5%July 2023: 2%July 2024: 6.5%Enhancements and clarifications were made to the following contract provisions:
Bilingual
Telephone Callback
FTO: Motor Training Officers
Holidays (Adding Juneteenth as an Official Holiday)
Deferred Compensation: 401A
Work Hours/Overtime
Personal Leave
Retiree Healthcare Savings
The redlined successor MOU is attached to this report.
FINANCIAL IMPACT
The total cost over three years for the amendments made to the successor MOU between the City and FPOA is $4,842,539 mainly paid from fund 011 (General Fund).
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
City Council may not approve the new successor MOU between the City and FPOA and direct for City staff to negotiate different terms than stated above.
STAFF CONTACT
Farbod Pirouzmand, Director of Department of Human Resources (707) 4287397
[email protected]
COORDINATED WITH
City Attorney's Office, City Manager's Office, Finance Department ATTACHMENTS:
Description
Proposed Resolution
Redlined FPOA MOU
REVIEWERS:
Reviewer Action Date
Pirouzmand, Farbod Approved 4/19/2022 10:38 PM
Pirouzmand, Farbod Approved 4/19/2022 10:40 PM
Pirouzmand, Farbod Approved 4/19/2022 10:40 PM
Alexander, Amber Approved 4/25/2022 2:07 PM
Alexander, Amber Approved 4/25/2022 2:10 PM
Packet Page 287 of 338
CITY OF FAIRFIELD
RESOLUTION NO. 2022-103
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FAIRFIELD
AMENDING THE TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING (MOU) FOR THE FAIRFIELD POLICE OFFICERS’ ASSOCIATION
WHEREAS, the City Council of the City of Fairfield enacted the Employer-Employee Relations Resolution No. 2001-185, pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500, et. Seq, and representatives of the city manager have met and conferred in good faith with representatives of the Fairfield Police Officers’ Association, the recognized employee organization for certain employees; and
WHEREAS, the Fairfield Police Officers’ Association has held a successful ratification vote.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF FAIRFIELD HEREBY RESOLVES:
Section 1. That it approves the Memorandum of Understanding as outlined in Exhibit A for the Fairfield Police Officers’ Association.
Section 2. The city manager is authorized and directed to do all things necessary to implement this resolution.
PASSED AND ADOPTED this 3rd day of May 2022, by the following vote:
AYES: COUNCILMEMBERS: PRICE / BERTANI / MOY / PANDURO / TIMM / TONNESEN / VACCARO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
MAYOR
ATTEST:
____________________________
CITY CLERK
Packet Page 288 of 338Attachment 1 Page 1 of 1
CITY OF FAIRFIELD
&
FAIRFIELD POLICE
OFFICERS’
ASSOCIATION
July 01, 2022 - June 30, 2025
MEMORANDUM OF UNDERSTANDING
Packet Page 289 of 338Attachment 2 Page 1 of 42
TABLE OF CONTENTS
Title Page Number
Article 1 Recognition 1
Article 2 MOU Controlling 1
Article 3 No Discrimination 1
Article 4 Dues Checkoff 1
Article 5 Employee and Association Rights 1
A. Employee Right 1
B. Association Rights 2
Article 6 Management Rights 4
Article 7 Compensation 5
A. Wage Increases 5
B. Proficient Officers Incentive Pay 5
C. Education Incentive Pays 5
D. Off‐Duty Canine Work 6
E. Bilingual Pay 7
F. Overtime 7
G. Longevity Pay 10
H. Field Training Officer Pay 10
Article 8 Probationary Period and Merit 10
A. Beginning Step and Merit Increases 10
B. Promotion, Rejection During Secondary Probation, 11 and Flexible Staffing
C. Hiring and Promotions 11
Article 9 Work Hours 12
A. Fixed Schedule 12
B. Changes in Fixed Schedule 12
C. Seniority List 13
D. Flexible Schedule 13
E. Rest Periods 14
F. Breaks 15
Article 10 Light Duty 15
Article 11 Leave/Time Off 15
A. Holidays 15
B. Floating Holiday 15
C. Vacation 16
D. Sick Leave 16
E. Bereavement Leave 20
F. Personal Leave 21
Article 12 Health, Life Insurance, Other Benefits 21 A. Medical and Dental Insurance 21
B. Retiree Medical Program 22
C. Vision Care 23
D. Life Insurance 23
E. Funeral Benefit 23
F. Short Term Disability 23
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G. Long Term Disability 24
H. Retirement Savings 24
Article 13 Uniform Allowance, and Uniform and Safety Equipment 25 A. Uniform Allowance 25
B. Uniform Issuance 25
C. Safety Equipment Issuance 26
D. Ballistic Vest 26
E. Safety Equipment Vesting 26
Article 14 Tuition Reimbursement 26
Article 15 POST Trainings Meal Reimbursements 27
Article 16 Retirement/PERS 27
A. Retirement Benefits 27
B. Employee PERS Contribution 27
Article 17 Employee Assistance Program (EAP) 28
Article 18 Internal Affairs Panel 28
Article 19 Grievance Procedure 29
Article 20 Discipline Procedure 30
A. Written Reprimand 30
B. Suspensions, Demotions, and Terminations 31
C. Documented Oral Counseling 32
Article 21 No Strike 32
Article 22 Layoff 33
A. Policy 33
B. Definition 33
C. Notice of Layoff 33
D. Order of Layoff 33
E. Layoff Procedure 33
F. Rehire List 34
G. Miscellaneous 35
Article 23 Residency Requirement 35
Article 24 Drug and Alcohol Testing 35
Article 25 Call Out Lists 35
Article 26 Separability 35
Article 27 Maintenance of Membership 35
Article 28 Issues of Mutual Concern 36
Article 29 Continuance of Labor and Management Meetings 36 Article 30 Conclusions of Agreement 36
Signature Page 37
Appendix 1 – Light Duty Policy and Procedure 38
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1 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF FAIRFIELD AND THE
FAIRFIELD POLICE OFFICERS' ASSOCIATION
THIS MEMORANDUM OF UNDERSTANDING (hereinafter MOU) made and entered into at Fairfield, California, by and between the CITY OF FAIRFIELD, a municipal corporation, hereinafter referred to as the "City", and the FAIRFIELD POLICE OFFICERS' ASSOCIATION, a California corporation, hereinafter referred to as the "Association," is intended to define the wages, hours and working conditions of that group of employees hereinafter identified during the term hereof and upon ratification and approval the City Council of the City of Fairfield.
RATIFICATION. This Memorandum of Understanding (MOU) is entered into pursuant to the Meyers‐Milias‐Brown Act (Government Code sections 3500‐3510), and has been jointly prepared by the parties. The term of this agreement shall be from July 1, 202217 through June 30, 202521, and it shall become of full force effect upon adoption of the City Council. Nothing herein shall be applied on a retroactive basis unless specifically indicated in writing within the agreement. This MOU cancels all previous MOUs and side letters.
ARTICLE 1. RECOGNITION
The City recognizes the Fairfield Police Officers' Association (Association) as the exclusive representative for the classifications of Police Officer and Corporal in matters pertaining to wages, hours, and other conditions of employment.
ARTICLE 2. MOU CONTROLLING
The City and the Association agree and understand that if any section of this MOU in any way conflicts with terms and conditions of employment stated in other authorities, such as personnel rules, City resolutions or City ordinances, the MOU shall be controlling.
ARTICLE 3. NO DISCRIMINATION
There shall be no discrimination by the City or by the Association in employment conditions or treatment of employees on the basis of membership or non‐membership in the Association, or participation in the activities of the Association.
ARTICLE 4. DUES CHECKOFF
The City and the Association acknowledge that a dues checkoff procedure has been adopted pursuant to Section 16 of Resolution 2001‐185, which shall continue during the term of this MOU.
ARTICLE 5. EMPLOYEE AND ASSOCIATION RIGHTS
A. Employee Rights
1. Employees shall have the right to fair and equal treatment in all aspects of employment conditions.
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2 2. Employees shall not have any formal punitive personnel action taken which will result in any loss of pay or benefits, unless the employee is notified in writing as to the reason or reasons thereof and is given reasonable opportunity to respond.
Nothing in this clause shall prevent the City from rejecting without cause an employee during probationary status.
3. The City shall abide by the Public Safety Officers Procedural Bill of Rights (Government Code Section 3300 et seq.), and such is hereby incorporated into this MOU.
4. At the option of the employee, payroll deductions may be made for payments of Association dues and for approved programs.
B. Association Rights
1. Attendance at Meetings
Formally recognized employee organizations may select not more than two (2) employee members of such organizations to attend scheduled meetings with the Director of Human Resources or management officials on subjects within the scope of representation during regular work hours without loss of compensation. Where circumstances warrant, the Director of Human Resources may approve the attendance at such meetings of additional employee representatives with or without loss of compensation. The employee organization shall, whenever practicable, submit the names of all such employee representatives to the Director of Human Resources at least three (3) calendar days in advance of such meetings. Provided, further:
a. No organization representative, who is a City employee, shall leave his or her duty or work station or assignment without specific approval of the Department Head or designee;
b. Any such meeting is subject to scheduling by City management in a manner consistent with operating needs and work schedule.
Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours under appropriate circumstances. No compensation shall be paid City employees for any meetings or related work conducted outside of the employees’ normal working hours.
2. Access to Work Location
Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or Packet Page 293 of 338Attachment 2 Page 5 of 42
3 representatives shall not enter any work location during normal duty hours without the consent of the Department Head or designee. Such consent shall not be unreasonably withheld. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during normal duty hours.
Recognized employee organizations may, with the prior approval of the Director of Human Resources, be granted the use of City facilities during off‐duty hours for meetings of City employees provided space is available. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.
The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited, the presence of such other equipment in approved City facilities notwithstanding.
3. Use of City Bulletin Boards
Recognized employee organizations may use portions of City bulletin boards under the following conditions:
a. All materials posted shall not constitute harassment, discrimination, or retaliation based on a legally protected status.
b. Prior to posting, all materials must receive the approval of the Department or Division Head in charge of the departmental bulletin board. Should the department head not approve any item for posting, and if after discussing the matter with the employee organization representative a disagreement still remains, then the matter shall be referred to Director of Human Resources for determination.
c. All materials must be dated and must identify the organization that published same.
d. Unless special arrangements are made, materials posted must be removed 31 days after publication date.
e. The City reserves the right to determine where bulletin boards shall be placed and what portion o ['them are to be allocated to employee organizations' materials.
f. An employee organization that does not abide by these rules shall forfeit its right to have materials posted on City bulletin boards.
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4 ARTICLE 6. MANAGEMENT RIGHTS
The City shall retain the sole right and authority at its discretion to maintain the order and efficiency of the public service entrusted to it, and to operate and manage the affairs of the Fairfield Police Department in all aspects, including, but not limited to all rights and authority held by the City prior to the signing of this MOU, except where abridged by a provision of this MOU.
Except where limited by other provisions contained in this MOU, the Association agrees that the City may act unilaterally in the following areas of activities without any further need to meet and confer on these actions:
1. To direct employees of the City.
2. To make contracts and subcontracts for matters relating to municipal operations. If the City contracts or subcontracts enforcement powers provided by sworn officers under Penal Code Section 830.1, the City agrees to meet and confer at the request of the Association over the impact of such contract or subcontract on employees represented by the Association.
3. To determine the mission, budget, organization, number of employees, number, type, and grade of employees assigned, the work project, tour of duty, methods and processes by which work is performed, technology needed, internal security practices and relocation of facilities.
4. To relieve employees for lack of work or other legitimate reasons and to establish job classifications and reclassifications commensurate with duties to be performed or being performed.
5. To hire, promote, transfer, assign and retain employees in positions within the department.
6. To suspend, demote, discharge, grant or deny step increases, and take such other disciplinary actions with respect to permanent employees as appropriate for just cause.
7. To take any action necessary to carry out the mission of the department, schedule operations, determine the type and scope of work performed by City employees unless prohibited by law, and to alter, rearrange, change, extend, limit or curtail its operations, or any part thereof.
8. To determine the qualifications of employees for appointment, promotion, step increases, etc., and to set standards of performance, appearance and conduct.
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5 9. To formulate, change or modify Department rules, regulations and procedures except that no rule, regulation, or procedure shall be formulated, changed or modified in a manner contrary to the provisions of this MOU.
ARTICLE 7. COMPENSATION/WAGES
A. Wage Increase
Following City Council adoption of the successor MOU, the City will increase base wages for all represented classifications in the bargaining unit as follows:
Effective the first full pay period of July 2022, employees will receive a 5.0% base wage increase.
Effective the first full pay period of July 2023, employees will receive a 2.0% base wage increase.
Effective the first full pay of July 2024, employees will receive a 6.5% base wage increase.
Effective the first pay period following City Council adoption of the successor MOU, the City will increase base wages for all represented classifications in the bargaining unit by
4.0%.
Effective the first full pay period in July, 2018, the City will increase base wages for all represented classifications in the bargaining unit by 4.0%.
Effective the first full pay period in July, 2019, the City will increase base wages for all represented classifications in the bargaining unit by 4.0%.
Effective the first full pay period in July, 2020, the City will increase base wages for all represented classifications in the bargaining unit by 4.0%.
B. Proficient Officers Incentive Pay
Once the 9 step wage range has collapsed to 5 steps wage range, employees who are at step 5 plus one year of service with the City of Fairfield will be eligible to test for and receive Proficient Officer pay at 5% of base wage.
The City will pay the 5% proficiency incentive at one and one half times an employee’s base wage worked over 28‐day FLSA work period.
Eligibility certifications/examinations will be conducted twice a year. Employees who have met the eligibility requirements, if otherwise qualified to compete in the Police Sergeant promotional examination, will not be required to take the written examination portion of the promotional process. Police Officers shall be required to test only once during their career in order to receive proficiency pay; provided, Packet Page 296 of 338Attachment 2 Page 8 of 42
6 however, that the Chief of Police may require additional recertification in the event an officer's overall performance is not rated at least standard or better.
C. Education Incentive Pays
Employees in this unit will be eligible for the following education incentive pays, with appropriate verification of certificates and education. Degrees must be from an accredited institution approved by the Director of Human Resources or designee. Incentive pay is PERS reportable as Special Compensation.
1. POST Intermediate certificate 2.0%
‐‐OR‐‐
POST Advanced certificate 3.5%
2. Associate’s Degree 2.5%
‐‐OR‐‐
Bachelor’s Degree 5.0%
Amounts are not cumulative. Maximum incentive is 8.5% of base rate of wage.
D. Off‐Duty Canine Work
1. Agreement on Hours Worked
The amount of off‐duty compensable working time attributable to all ordinary aspects of canine care (including without limitation handling, caring, feeding, exercising, grooming, kennel cleaning, cleaning of City vehicles and ordinary transport to the veterinarian) by employees assigned to canine duty amounts to thirty (30) minutes per day, 3 1/2 hours per week. This amount is a good faith estimate, intended to be comprehensive, accurate and inclusive of all pertinent facts.
2. Compensation
For all off‐duty canine work performed by employees assigned to canine duty, employees shall be paid as follows:
a. $300.00/month, payable on a bi‐weekly basis (i.e., $138.47 per pay period), and
b. Employees shall earn four hours of canine leave time per 28 day FLSA work period (up to a maximum of 52 hours per calendar year, with a cap of 52 hours at any one time.) Employees shall cease to accrue canine leave time after reaching the 52 hours cap.
c. Such canine leave time may be banked and taken off at the request of the officer, subject to the operating needs of the Police Department. Request to use such leave time shall be made in Packet Page 297 of 338Attachment 2 Page 9 of 42
7 advance of the leave date requested and shall not be unreasonably denied.
3. Dog Food Reimbursement
The Police Department will reimburse canine officers for dog food up to a maximum of $50.00 per month.
Receipts are to be submitted for reimbursement per the City’s process.
Reimbursement will be paid by a separate check and are not subject to payroll taxes.
4. Miscellaneous
Compensation paid for off‐duty canine related work under this MOU fully satisfies the City's obligations to pay premium overtime under the FLSA. In the event that any person makes a future claim, contrary to the intent of the parties, that this MOU provides canine compensation less than the minimum required under the FLSA, the City may in its discretion rescind Article 7.D.2.; however, prior to rescinding Article 7.D.2., the City will meet and confer with the Association to attempt resolve any dispute. In the event that an officer performs any unusual or extraordinary work related to the canine assignment, which work should be accounted for outside of this MOU, the officer shall immediately report such occurrence in writing to his or her supervisor.
E. Bilingual Pay
Each employee who meets the City's certification and eligibility requirements shall be compensated an additional $75.00 per month $62.50 per pay period, beginning the pay period following testing and certification. The City will choose the languages qualifying for bilingual pay.
F. Overtime
The following overtime policy shall be applicable to employees represented by this Agreement.
1. Hours worked
Police Officers will be paid at base wage for regularly scheduled hours actually worked during each work period.
2. Shift Extension
Hours worked as an extension of a scheduled tour of duty or as an additional shift will be paid at the rate of one and one‐half times the employee’s regular rate to the closest quarter of an hour to the extent required by the FLSA.
3. Scheduled Appearance and Callout
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8 Duty required scheduled appearances (i.e. trials, hearings, meetings and special assignments) and callouts for unplanned events that occur during a time when an employee is not scheduled for duty will be compensated at the rate of one and one‐half times the employee’s regular rate to the closest quarter of an hour to the extent required by the FLSA, utilizing the guidelines outlined below.
Scheduled appearance overtime will start at the time the employee is required to appear. (Exception: When such appearance is outside the City of Fairfield, round trip travel time to and from the appearance location, or the actual time traveled, whichever is less, shall be considered compensable time.) Callouts begin at the time of notice to the employee, however, personal functions not essential for response shall not be considered compensable time.
a. When a scheduled appearance or callout begins less than four (4) hours before the start of the employee's next scheduled shift, overtime compensation will begin as specified in Article 7.F.3. and continue until the start of the employee's next scheduled shift, including any lunch recess that may be involved.
b. When a scheduled appearance or callout begins four (4) hours or more before the start of an employee's next scheduled shift and continues up to or beyond the start of the employee's next scheduled shift, overtime compensation will begin as specified in Section Article 7.F.3. and continue until the start of the employee's next scheduled shift, including any lunch recess that may be involved.
c. When a scheduled appearance or callout begins four (4) hours or more before the start of an employee's next scheduled shift and ends prior to the start of the employee's next scheduled shift, overtime compensation will begin as specified in Article 7.F.3.. and continue until the employee is released from duty, including any lunch recess that may be involved. If the time between the start of the scheduled appearance or callout and the employee being released from duty amounts to less than four (4) hours the employee will receive four (4) hours of overtime compensation.
d. Multiple scheduled court appearances on the same day shall be paid straight through from the start of the initial appearance through the last appearance when the employee is released. In such instances there shall not be multiple four (4) hour minimums. For the purposes of this section, this does not include special assignments that are voluntary such as DUI detail, mall detail, crime suppression details, sporting events, dances, etc.
e. In a situation where there is one or more scheduled appearances in a day, where the employee is finally released or the four (4) hour minimum has expired, (whichever is greater), and the employee is subsequently Packet Page 299 of 338Attachment 2 Page 11 of 42
9 called out, an additional four (4) hour minimum shall apply for such callout.
f. In the case of a DMV Hearing, if an employee has the option of conducting the hearing by phone, he/she may do so from a location other than the Police Department and receive a two‐hour (2) minimum.
Both parties recognize that the City has no intention of altering any past practice with respect to use of an employee's time between his/her release from any scheduled appearance and the end of the four (4) hour minimum period.
The City shall continue to work with the POA and the District Attorney's Office on subpoenas and the impact those subpoenas have on scheduled days off.
4. Cancellation of a Subpoena
Employees who have been subpoenaed to appear in Court on a regularly scheduled day off and are subsequently cancelled less than 48 hours prior to the Court appearance will be eligible to receive two (2) hours of pay at time and one‐half of the employee’s base wage. This shall include employees on “Night Shift 2”, for whom the first day of the workweek falls midweek.
If an employee is subpoenaed for a Court appearance on a Monday, or following a Court‐observed holiday, and this is the employee's regularly scheduled day off, the employee will be eligible to receive two (2) hours of pay at time and one‐half of the employee’s base wage unless the subpoena is cancelled at least 48 hours prior to the beginning of the employee's regularly scheduled weekend.
If the employee has multiple subpoenas on the same day, the employee may be eligible for an additional two (2) hours of pay if the second subpoena is scheduled more than two (2) hours after the first. Example: If the first subpoena is for 8:00 am and the appearance is cancelled after the 48 hour limit, and the second subpoena is for 10:30 am and the appearance is cancelled for that appearance, the Officer will be eligible to receive four (4) hours of pay at time and one‐half of the employee’s base wage.
For purposes of this section, no Officer will be eligible for more than four (4) hours of additional pay in any one day. Officers may be noticed by the City or District Attorney's Office of Court cancellation.
Should the employee receive two subpoenas and one is cancelled while the other still requires the employee to attend, the employee will only be compensated for the scheduled appearance pursuant to Article 7.F.3, Schedule Packet Page 300 of 338Attachment 2 Page 12 of 42
10 Appearance and Callout. In this instance the employee will not be entitled to the two (2) hours of time and one‐half pay.
5. Overtime Pay Rate
The overtime pay rate will be time and one‐half the employee's regular rate.
Employees have the option to be compensated in cash or by compensatory time off.
6. Compensatory Time Off (CTO)
Total CTO may not exceed 240 hours. Employees may cash‐out CTO upon reasonable advance written notice to the City.
Employees may, with approval of their supervisors, take CTO. Requests for taking compensatory time off shall not be unreasonably denied. Supervisory approval for CTO requests may not be withheld except under those circumstances permitted under the Fair Labor Standards Act (FLSA). In the event of an employee grievance from denial of CTO, this section shall be interpreted in a manner consistent with the requirements of FLSA Section 7(o)(5).
7. Overtime for Motor Officers
Motor Officers shall only spend off‐duty time cleaning and maintaining motor equipment with the advance written approval of their supervisor.
8. Overtime/Telephone Callback
Employees required to conduct departmental business by telephone while off duty shall be eligible to receive two (2) hours of pay at time and one ‐half of the employee’s base salary.
G. Longevity Pay
Officers will be eligible for additional increases of 2.5% based on their consecutive years of service as a Fairfield Police Officer. Officers may include up to three (3) years of service credit as a sworn law enforcement officer from another law enforcement agency. The longevity increase shall be as follows:
9 years ‐ 2.5%
12 years – 5%
15 years – 7.5%
H. Field Training Officer Pay
Employees in this unit who are designated as Field Training Officers or certified Motor Training Officers, shall receive a 5.0% increase when assigned to an officer‐in‐training, CSO‐in‐training, motorcycle pre‐training, motorcycle FTO and any time the FTO is asked by Administration to monitor the performance of an officer in order to provide evaluation or feedback. A Field Training Officer shall receive FTO Compensation for the Packet Page 301 of 338Attachment 2 Page 13 of 42
11 duration of their assignment to an officer on for the pay period for which they may be temporarily assigned an officer.
ARTICLE 8. PROBATIONARY PERIOD AND MERIT INCREASES
A. Beginning Step and Merit Increases
All Police Officer trainees will be hired at the lowest step of the wage scale. Upon successful completion of the Police Academy these officers will be moved to the next adjacent step. An employee who moves from a Police Officer Trainee to a Police Officer position, will receive the step of the new classification’s wage scale closest to 5% without going under 5% and may not exceed the top step base wage of pay.
Police Officers other than trainees, depending on their experience and education background will be hired at a level higher than Step 1; the decision as to which level is to be made by the Chief of Police.
Employees at Step 2 or above shall be eligible for merit increases after completing 12‐ months of continuous satisfactory service.
B. Promotion, Rejection During Secondary Probation, and Flexible Staffing
1. Promotion
Upon promotion the employee will receive the step of the new classification’s wage scale closest to 5% without going under 5% and may not exceed the top step base rate of wage.
A promotion is defined as moving from one classification to another classification where the top step base rate of wage of the new classification exceeds the top step salary base rate of wage of the previous classification. Employees who are promoted will serve a 12‐month probationary period.
2. Rejection During Secondary Probation
An employee who has been promoted and who fails to satisfactorily complete his or her probation period will be returned to their prior job classification. Upon return to the previously held classification, the employee will have the same base rate of wage that they had prior to the promotion.
3. Merit Date
An employee’s annual review date will change to correspond to the effective date of a promotion or demotion.
C. Hiring and Promotions
1. Vacancies
Appointments to vacant positions shall be based on merit and fitness as determined by a competitive selection process established by the Police Department and the Packet Page 302 of 338Attachment 2 Page 14 of 42
12 Human Resources Department. Vacancies in positions above the entry level may be filled by promotion whenever one or more qualified candidates are available.
2. Promotions
Promotions shall be based on merit and fitness as determined by a competitive process established by the Police Department and the Human Resources Department. The minimum qualifications and the specific promotional process shall be published at least ten (10) days prior to the sign‐up for the process.
3. Selection
Examinations for appointments and promotions shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed.
Selection shall include an oral interview by a panel of persons selected for their objectivity and familiarity with municipal and public safety operations.
4. Eligibility Lists
Candidates who qualify for employment or promotion shall be placed on an eligibility list for the appropriate job class.
5. The City and the Association agree to meet upon the request of either party to discuss changes in the testing process, but nothing in this requirement shall be construed as requiring a formal meet and confer process as defined by State Law or by the Employee Relations Resolution.
ARTICLE 9. WORK HOURS
The FLSA work period is one hundred sixty (160) hours every 28‐days.
A. Fixed Schedule
Employees assigned to a fixed work schedule shall have specified starting times and ending times to their work shifts. These employees shall have a fixed number of hours per shift, though they may not have the same starting and ending times every day. Hours worked in excess of the scheduled shift shall be paid in accordance with the over‐time policy.
1. 5 days work / 2 days off 4 days work/3 days off
8 hours per work day 10 hours per work day
2. 4 days work / 3 days off 3 days work/4 days off // 4 days work/3 days off one additional day off to be
assigned per 28‐day FLSA work
10 hours per work day 12.31 hours per work day
NOTE: On schedules c, d and e2 listed above, work days indicated are not exact and would be adjusted to total 160 hours per 28 day FLSA work period.
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13 B. Changes in Fixed Schedule
Employees on a fixed work schedule shall be given as much notice as possible, and in no case less than 7 days, before any change in their regularly assigned shift duty days or days off. Starting and ending times of their regularly assigned shift may be adjusted upon mutual agreement between the employee and the Department.
This clause shall not apply to officers who are injured on or off duty and need to be assigned to the personnel manager for the purpose of arranging medical treatment or a light duty assignment.
This clause shall also not apply in the case of emergency needs of the department caused by natural disaster or a large scale crime incident.
If less than 7 days notice is provided and the employee's regularly scheduled shift is changed, the employee shall receive compensation at the overtime rate for the first rescheduled duty day.
C. C. Seniority List
The Association shall establish a seniority roster for all Police Officer personnel below the rank of sergeant. Seniority of police officers hired, rehired or reinstated after establishment of the seniority roster will be determined in accordance with Departmental guidelines.
Following adoption of the seniority roster when a rotation of patrol and/or traffic shifts occur a roster of available days off will be posted for each shift, officers assigned to a shift will then be allowed to select days off based on seniority. Rotation of shifts shall occur on an approximately four (4) month cycle.
The department shall maintain a seniority listing for all Police Officer personnel below the rank of Sergeant hired, rehired or reinstated.
When multiple employees are appointed to the classification of Police Officer with the City of Fairfield on the same date, the order of seniority shall be awarded as follows:
1. Existing Fairfield Police Department employees, including employees originally hired as Police Officer Trainee.
2. Lateral Police Officers;
3. Academy Graduates who do not have prior service with the Fairfield Police Department
Employees appointed to the classification of Police Officer who have been employed previously as a full‐time peace officer shall have their seniority adjusted for the length of prior full‐time peace officer status.
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14 Academy Graduates who do not have prior service with the Fairfield Police Department, shall have their seniority determined by Academy ranking, with seniority given to the employee with the higher Academy ranking. In the event that the two or more Academy Graduates tie in ranking, the employee with the lowest last four (4) digits of their Social Security Number shall have the higher seniority.
Following adoption of the seniority roster when a rotation of patrol and/ or traffic shifts occur a roster of available days off will be posted for each shift, officers assigned to a shift will then be allowed to select days off based on seniority. Rotation of shifts shall occur on an approximately six (6) month cycle.
D. Flexible Schedule
Employees assigned to a flexible work schedule shall have the responsibility for working a minimum of 160 hours per 28‐day FLSA work period. Employees assigned to a flexible work schedule shall be notified by personnel action form.
Employees on a flexible schedule shall have a general understanding or agreement regarding when the employee will routinely report to work (e.g. Monday‐Friday 2:00‐10:00 p.m.). That normally scheduled work day may be flexed at any time to accommodate Department operations.
If an employee has already worked the normally scheduled work day and is subsequently called back to duty before the next normally scheduled work day, the employee shall receive compensation at the overtime rate to the closest quarter of an hour in accordance with Article 7.F. Overtime.
Should the Department direct an employee to flex their schedule in the next work week, the Department will provide the employee 48 hours notice prior to the last worked day of the week. If the Department directs an employee at the end of the work period to flex hours to avoid exceeding 160 hours worked, it must provide at least 48 hours written or verbal notice. Employees working in excess of 160 hours per 28‐day FLSA work period shall be compensated in accordance with the overtime policy.
If flexible schedule employees are assigned to schedules with other than weekends off, to the extent possible, consistent with department needs, days off shall be selected by seniority.
When employees assigned to flexible schedule are required to work more than two hours past the end of their normally scheduled work day, they shall be compensated in accordance with the overtime policy and the compensated time shall be excluded from counting towards the minimum work required of 160 hours minimum within the 28‐day FLSA work period.
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15 E. Rest Periods
Whenever an employee is assigned to a fixed schedule shift of more than 10 hours, there shall be a mandatory minimum rest period of seven (7) consecutive hours between the end of one scheduled work shift and the start of the next scheduled work shift.
Example:
1. If an employee completes a regular work shift at 6 a.m. and has a scheduled court appearance at 1 p.m. the same day, the 7 consecutive hours occurs between 6 a.m. and 1 p.m. and there is no mandatory rest period after the court appearance is completed.
2. If an employee completes a regular work shift at 6 a.m. and has a scheduled court appearance at 10 a.m. the same day, and the court appearance is over by 10:42 a.m., the 7 consecutive hours occurs between 10:42 a.m. and 5:42 p.m., the beginning of the next work shift. Therefore, there is no mandatory rest period after the court appearance is completed.
3. If an employee completes a regular work shift at 6 a.m. and has a court appearance at 8:30 a.m., and the court appearance is completed at 12 noon, and the employee is scheduled to come back to work for a regular work shift that day, the employee may not come to work for the next regular work shift that day until at least 7 p.m. An employee requiring a mandatory rest period shall immediately coordinate that absence with the on duty supervisor.
F. Breaks
Employees working fixed schedules on eight (8) or nine (9) hour shifts shall be entitled to one 30‐ minute lunch break and two 15‐minute breaks per shift.
Employees working a fixed schedule on a ten (10) hour shift shall be entitled to one 30‐ minute lunch break and three 15‐minute breaks.
Employees working a fixed schedule on a 12‐hour shift shall be entitled to one 45‐ minute lunch break and three 15‐minute breaks. Employees working a fixed schedule on a 12‐hour shift may combine any two (2) break periods once during each shift.
Employees are subject to callout at any time during breaks.
ARTICLE 10. LIGHT DUTY
Light duty may be provided for employees who are unable to work due to injury or illness from either industrial or non‐industrial causation. Further, workers' compensation law and disability plans provide that an employee is not entitled to temporary disability benefits if suitable light duty work is available. The basic principles are as follows:
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16 a. The employee is temporarily not able to resume full duty, but is capable of performing some work duties.
b. The employer may develop a light duty work assignment commensurate with the employee's temporary work restriction.
c. If the employer is unable to offer light duty work, the employee is entitled to continued temporary disability benefits until the employee is able to resume normal duties, or is permanent and stationary, whichever is earlier.
d. If the employee declines suitable light duty work, the employee is no longer entitled to temporary disability benefits.
The City's policy and procedure for light duty is available in Appendix 1.
ARTICLE 11. LEAVE/TIME OFF
A. Holidays
Holiday credit shall be accrued on the following basis:
In Lieu Holidays 8 9 days/year 2.462 2.770 hours/pay period Paid Holidays 5 days/year 1.54 hours/pay period
In‐Lieu holidays earned shall show on the check stub as "vacation in‐lieu".
B. Floating Holiday
Employees shall receive eight (8) hours of floating holiday time per year. This time will be credited in pay period 01 of each year. This bank has no cash value, may not be cashed at separation, and must be used in the year that it is provided.
Newly hired employees hired after pay period 01 but before pay period 13, shall be entitled to four (4) hours of floating holiday time in their first year of employment. This time will be credited in pay period 13 of the new employee’s first year. The maximum accrual of floating holiday hours is eight (8) hours per calendar year.
C. Vacation
1. Vacation Accrual
Vacation leave with pay shall be accrued on the following basis:
Years of Service Accrual Rate
From date of hire through year 3 3.08 hours per pay period (10 days per year)
Beginning of year 4 through 10 4.62 hours per pay period (15 days per year)
Beginning of year 11 and over 6.16 hours per pay period (20 days per year) The maximum vacation hours that may be accrued is two (2) times the employee's annual accrual rate.
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17 Vacation credit is earned on a biweekly basis and expressed in terms of hours available on the biweekly check stub.
During the first 12 months of employment no vacation may be taken. Upon completion of 12 months of continuous full‐time service, vacation accrued during the previous 12‐month period may be taken. Vacation credits earned during each anniversary year at the rate indicated above.
Upon separation from the City, employees shall be paid for any unused vacation credit, providing they have been employed full‐time for at least one full year.
1.2. Vacation Cash Out
POA represented employees may cash out up to 80 hours of their vacation balance each calendar year provided that employees exercising this option to cash out vacation must maintain a minimum balance of 160 hours of vacation after the cash out.
D. Sick Leave
1. Sick Leave Accrual and Use
Employees shall receive 12 working days of sick leave with pay for each full year, accrued biweekly at a rate of 3.70 hours per pay period. At the time of hire, employees are eligible for sick leave. There shall be no limit on the amount of accumulated sick leave.
Sick leave shall be allowed and used solely for cases of actual personal sickness or disability, medical or dental treatment or as authorized for other necessary health reasons and may be used by the employee for attendance upon a member of his/her immediate family who is seriously ill and requiring the care and attention by the employee. An employee intending to use sick leave for medical/dental appointments shall notify his/her immediate supervisor in advance of the appointment.
For purposes of this section immediate family is defined as mother, mother‐in‐law, step‐mother, father, father‐in‐law, step‐father, spouse, domestic partner, son, daughter, step child, brother, sister, grandparent, grandchild, foster parent, or a child for whom the employee is legal guardian.
2. Sick Leave Cash Out
Except as herein provided, all employees may be paid annually on the first regular paycheck in December, 25% of the unused sick leave earned during the previous 12 month period, ending the last pay period in November.
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18 Employees leaving City service at their own request shall be compensated for 25% of unused sick leave earned between the end of the last pay period the previous November and the date of termination.
Employees terminated or who resign in lieu of termination from City service shall not be eligible for benefits as outlined in this paragraph.
If an employee dies while in City service, his beneficiary shall be entitled to the same.
3. Sick Leave Cash Out with Death
If any employee dies after completing five (5) full years of employment, his beneficiary shall be entitled to reimbursement for 50% of accumulated unused sick leave.
4. Sick Leave Cash Out with Duties Related to Death
If an employee dies due to a duty‐related death, his beneficiary shall be entitled to reimbursement for 100% of accumulated unused sick leave.
5. Separation Sick Leave Cash Out After 15 Years of Continuous Service Computation would begin after 15 years at a base rate of 30% and increase two percent (2%) each year thereafter until a maximum of 50% is reached.
6. Regular Retirement and Sick Leave Cash Out
Upon regular PERS retirement, with at least 15 years of City service, the City will pay 75% of unused sick leave. Mutually exclusive with Article 11.C.7. Disability Retirement and Sick Leave.
7. Disability Retirement and Sick Leave
Pursuant to Government Code Section 21025.2, employees covered by this MOU shall not be entitled to delay the effective date of their disability or industrial disability retirement until the expiration of their accumulated sick leave.
8. Industrial Disability Retirement Sick Leave Cash Out When an officer with at least 15 years of City service is injured in the line of duty and thereby permanently disabled from performing police duties, and retires with an industrial disability from PERS, the officers shall be entitled to cash out 75% of accrued unused sick leave at the time of separation from the City, regardless of City tenure:
a. The officer is required to have filed for industrial retirement with PERS prior to his/her separation date with the City; and
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19 b. The City must agree that the disability is industrial, as defined by PERS, or there must be a final legal decision that the disability is industrial.
9. Continuous Service and Additional Sick Leave Cash Out After fifteen (15) years of continuous service, if an employee has accrued at least 8.1 days of sick leave for each year of service, the City will pay an additional 10% of unused sick leave under paragraphs Article 11.C.5. Separation Payoff After 15 Years of Continuous Service and 11.C.6. Regular Retirement and Sick Leave Cash Out. This calculation shall not be affected by "early distribution" sick leave credits made pursuant to Article 11.C.8. Early Distribution.
10. Early Distributions
Notwithstanding any other provision of this section, an employee with over 640 hours of sick leave as of the first regular paycheck in December, shall receive a sick leave credit equal to the product of the hours over 640 and the pay rate then in effect, and such amount shall be contributed by the City to the Retiree Medical Expense Program established pursuant to Article 12.H. Retirement Savings. The POA may change the threshold number of hours of sick leave in future years by notifying the Human Resources Department by December 1 of each year.
At the time the employee's separation payoff is computed pursuant to Article 11. D.
Sick Leave, 5, 6, 7, and 8, the difference between 100% and the computed separation payoff percent shall be multiplied by the number of "early distribution" sick leave hours that such employee received in previous years, and the product of the resulting numbers of hours and pay rate in effect upon separation shall be subtracted from the sick leave separation payoff computed pursuant to Article 11. D. Sick Leave, 5, 6, 7, and 8. If insufficient sick leave hours remain at separation, resulting in an overpayment of sick leave hours previously transferred, the employee's RHS account balance will be debited to reimburse the City for the over payment.
At the time the employee’s retirement payoff is computed pursuant to Article 11. D.
Sick Leave, any “Early Distribution Hours” shall be combined with the current sick leave bank balance for the calculation of available leave hours.
At the time of the employee’s resignation or termination if, as a result of the calculation pursuant to Article 11.D. Sick Leave, the City has over contributed to the employee’s ICMA Vantage Care account, resulting in an overpayment of sick leave, an employee with less than 15 years of continuous employment will have their RHS account debited using the average hourly rate for all hours previously transferred to reimburse the City for the over payment.
Starting in July 2022, the following provision will replace Section D (Sick Leave) provision above.
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20 D. Sick Leave (Starting in July 2022)
1. Sick Leave Accrual and Use
Employees shall receive 12 working days of sick leave with pay for each full year, accrued biweekly at a rate of 3.70 hours per pay period. At the time of hire, employees are eligible for sick leave. There shall be no limit on the amount of accumulated sick leave.
Sick leave shall be allowed and used solely for cases of actual personal sickness or disability, medical or dental treatment or as authorized for other necessary health reasons and may be used by the employee for attendance upon a member of his/her immediate family who is seriously ill and requiring the care and attention by the employee. An employee intending to use sick leave for medical/dental appointments shall notify his/her supervisor in advance of the appointment.
For purposes of this section immediate family is defined as mother, mother‐in‐law, step‐mother, father, father‐in‐law, step‐father, spouse, domestic partner, son, daughter, step child, brother, sister, grandparent, grandchild, foster parent, or a child for whom the employee is legal guardian.
2. Yearly Distribution
On an annual basis, for hours accrued above 500, employees must elect to receive a distribution of sick leave hours in cash or make a contribution to a qualifying deferred compensation account or a Retiree Health Savings account (RHS), determined by employee.
If employees elect to receive cash for their excess hours, they will receive 50% of the value of those hours at their corresponding hourly base rate of pay.
If employees elect to contribute excess hours to a qualifying deferred compensation or RHS account, they will receive 75% of the value of those hours at their corresponding hourly base rate of pay.
3. Sick Leave Cash Out upon Retirement
Employees who retire from City service have the following options for their sick leave balance upon retirement:
a. Employees may elect to receive cash for 50% of their current sick leave balance. The remaining 50% of their bank will be credited to their CalPERS pension account for service credit.
b. Employees may elect to receive 75% of their sick leave balance in CalPERS service credit and receive the remaining 25% in cash.
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21 c. Retiring employees who have reached maximum service credit will be eligible to receive 75% of their sick leave balance in cash.
4. Sick Leave Cash Out upon Separation
Employees who separate from City service for any reason other than retirement shall receive 50% of their sick leave balance upon separation in cash.
5. Sick Leave Cash Out with Death
If any employee dies after completing one (1) full year of employment, his beneficiary shall be entitled to reimbursement for 50% of accumulated unused sick leave.
6. Sick Leave Cash Out with Duties Related to Death
If an employee dies due to a duty‐related death, his beneficiary shall be entitled to reimbursement for 100% of accumulated unused sick leave.
E. Bereavement Leave
Leave of absence with pay up to ten (10) days may be authorized for an employee solely by the Police Chief in the event of death or serious traumatic injury in the employee's immediate family. For the purposes of this section, immediate family is defined as mother, mother‐in‐law, step‐mother, father, father‐in‐law, step‐father, spouse, domestic partner, son, daughter, step child, brother, sister, grandparent, grandchild, foster parent, or a child for whom the employee is legal guardian. Bereavement leave shall not accrue to any employee as vested leave. The number of authorizations that may be made to an employee are not limited.
For the purpose of this section, a "serious traumatic injury or illness" is defined as a sudden and unexpected event which requires prompt and immediate attention from the employee without delay. It may also include attending to the need of an immediate family member who is expected to die in the immediate future. Bereavement leave shall be taken immediately in conjunction with the event of death or serious traumatic injury or illness.
F. Personal Leave
Employees will be eligible to accrue hours of personal leave as follows:
Year 1 (fiscal year 2022‐2023): 8 hours (accrued 0.308 hours per pay period) Year 2 (fiscal year 2023‐2024): 12 hours (accrued 0.462 hours per pay period) Year 3 (fiscal year 2024‐2025) and forward: 16 hours (accrued 0.616 hours per pay period)
Employees may cash out up to 100% of their personal leave bank with advance notice to payroll. Upon separation from the City, employees will be paid for any unused personal leave.
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22 ARTICLE 12. HEALTH, LIFE INSURANCE, AND OTHER BENEFITS
A. Medical and Dental Insurance
Full‐time employees are eligible for health and dental coverage beginning the first day, of the first month, after date of hire. Effective July 1, 2017, the City contribution to medical insurance premium for the 2017 benefit plan year will be based on 50% of the increase of premium between the 2016 and 2017 Kaiser $35 copay plan; for dental the City will base its increase in contribution on 50% of the increase of premium for the Cigna Dental HMO plan.
Effective the first full pay period in July 1, 2018, the City contribution to the medical insurance premium for the 2018 benefit plan year will increase, if any, by 50% of the difference between the 2017 and 2018 Kaiser $35 copay plan.
Effective the first full pay period in July 1, 2019, the City contribution to the medical insurance premium for the 2019 benefit plan year will increase, if any, by 50% of the difference between the 2018 and 2019 Kaiser $35 copay plan.
Effective the first full pay period in July 1, 2020, the City contribution to the medical insurance premium for the 2020 benefit plan year will increase, if any, by 50% of the difference between the 2019 and 2020 Kaiser $35 copay plan.
Health Insurance Opt‐Out
Employees providing proof of other coverage may drop health/dental coverage and receive taxable income, of $518 per month subject to the following requirements.
Employees electing dental only receive $518 per month less the cost of the premium for the dental plan in which they have enrolled. Employees electing medical only do not receive any payments.
1. The employee opting‐out of City health coverage must certify that the employee, and all individuals in the employee’s tax family for whom coverage is waived, have alternative Minimum Essential Coverage as defined by the Patient Protection and Affordable Care Act through a provider other than a Federal marketplace, a State exchange, or an individual policy.
2. During the City’s annual open enrollment period, the employee must complete an annual written attestation confirming that the employee and the other members of the employee’s tax family are enrolled in alternative Minimum Essential Coverage. The employee agrees to notify the City no later than 30 days if the employee or other member(s) of the employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan.
The City is legally required to immediately stop conditional opt‐out payments if medical insurance premiums increase from one year to the next by an amount greater than allowed by applicable law.
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23 3. The employee understands that the City is legally required to immediately stop conditional opt‐out payments if the City learns that the employee and/or members of the employee’s family do not have the alternative Minimal Essential Coverage.
If, during the term of the Agreement, Kaiser no longer offers the medical plan described and/or the Cigna Dental HMO is no longer offered, the City will adjust its medical/dental plan contribution for employees to the Kaiser plan with the lowest premium at the applicable rate, and the Cigna Dental plan with the lowest premium at the applicable rate.
The City shall not automatically assume responsibility for the increase in employee medical and dental premiums after the expiration of this Agreement.
The City will advise the bargaining unit of healthcare premium renewals and will schedule a meeting with the City's Broker of Record to allow the unit to ask questions about the rates and plans.
B. Retiree Medical Program
Employees may continue enrollment in City retiree health plans at their option, and at their cost, upon retirement. Employees will be allowed a one‐time irrevocable election at the time of retirement to elect retiree coverage. Retirees may be enrolled in either the health or dental plans, or both. Retirement shall mean employees who retired from the City of Fairfield with a PERS retirement at the time of separation and who remain continuously retired under PERS.
Retirees are responsible for paying the full cost of the premium by the due date set by the City. If payment is not timely received, the retiree and any spouse or dependent, shall be terminated from the program without right to re‐enroll at a later date.
Retirees must enroll in a Medicare‐supplement plan when they become eligible for Medicare, presently at age 65. Failure to enroll in a Medicare‐supplement plan will result in termination from the program. The Medicare premium is the responsibility of the retiree.
In the event of a death of a retired employee, the surviving spouse and dependents who are participating in the city plan at the time of death of the retired employee, may continue on the City health insurance plan at his/her own cost under COBRA regulations only, subject to plan restrictions and conditions.
For all retirees, once health and dental coverage is terminated, it cannot be later reinstated.
C. Vision Care
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24 The City will pay the premium for vision care coverage only under the Kaiser Plan, unless negotiated otherwise by the City's insurance broker. For employees not covered by Kaiser, the City will reimburse up to a maximum of $300 total per calendar year for the employee and his/her immediate family for eye exam and prescription glasses/contacts. Amounts not used in any year cannot be carried forward to future years. Receipts must be submitted for reimbursement.
The City will not contribute toward the cost of any plan other than those specifically sponsored by the City.
D. Life Insurance
The City shall provide life and accidental death/dismemberment insurance. The limitations shall be 1.5 times the annual salary of the officer up to $150,000.
E. Funeral Benefit
In the event an officer is killed by a violent act or accident in the line of duty, the City will pay the funeral expense up to $12,000. The City will issue a check for up to that amount to the funeral home chosen by the officer's next of kin. This benefit shall be considered an advance of any like kind benefits due in Worker's Compensation Benefits.
For the purposes of this MOU, "killed by a violent act or accident in the line of duty" shall mean that death from a violent act or accident occurred as a result of activities within the scope and course of the officer's employment.
F. Short Term Disability (STD)
The City administers the self‐funded STD plan. The STD benefit schedule shall match the State Disability Insurance (SDI) benefit schedule. The benefit commences after a 7‐day waiting period, or immediately, if hospitalized. Coverage is for non‐industrial injuries for a maximum of 180 days. An employee is eligible the first of the month after three (3) months continuous employment. The employee will pay the monthly premium, which may be adjusted annually based on an actuarial study.
G. Long Term Disability (LTD)
Employees will be eligible the first day of the first month after date of hire. There will be a 180‐day waiting period after the date of the non‐industrial injury or illness causing the disability before employees are eligible for benefits. The maximum benefit will be equal to 60% of salary, subject to the benefit maximum. The City reserves the right to change insurers at its sole discretion.
H. Retirement Savings
1. 457 Plan
During the term of this agreement, the City shall contribute $150.00 per month per employee toward a retirement savings program adjusted annually (between deferred compensation and a retiree health insurance funding program). The Packet Page 315 of 338Attachment 2 Page 27 of 42
25 Association may change this amount in future years to be between ‐0‐ and $150.00 per month by notifying the Human Resources Department by December 1st of each year. Upon approval of the City Attorney, the value of 100% of compensatory time off hours to be paid off at separation shall be deposited by the City to the Retiree Medical Expense Program Article 12.H.2.
2. Retire Health Savings Account
The City shall contribute $100.00 per month per employee towards each employees’ ICMA VantageCare health savings account.
The retiree health insurance funding program established under this agreement shall remain separate and apart from any other City retiree health insurance funding program unless changed by mutual agreement of the parties to the agreement. The distribution between the two programs shall be determined annually based on consultation between the City and the Association. Subsequent contributions to this program shall be made from the City's contributions to retirement savings set forth above. At its option, the Association may choose an administrator other than the City for its retiree health insurance fund. After the transfer of assets of the retiree health insurance fund from the City to the Trustee (selected by the Association), the City will to remit the retiree health insurance pay deductions to the Trustee. The City will send a check no later than five (5) working days following the second pay period of the month to the Trustee for the retiree health insurance pay deductions (Trust document reference Article IX section 2).
The Association agrees to give the City thirty (30) days notice for any changes to the benefit deductions for current employees and benefit levels to retirees. The Association also agrees to give the City thirty (30) days notice for any additions or deletions to the current list of employees (including dependents) receiving benefits from the retiree health insurance fund. Effective with the establishment of the program in paragraph "C" the designated amount of City contributions will go to the program and not the Trustee.
3. 401(a) Plan
Employees will be eligible to contribute to a 401(a) deferred compensation plan upon reaching first longevity (9 years) based on years of consecutive service with the City of Fairfield. Total contributions are limited to the amount specified by the IRS. If an eligible employee elects to enroll in the 401(a) plan, the City’s contribution shall be as follows:
Effective the first full pay period of July 2022: 1.25% Effective the first full pay period of July 2023: 2.25% Effective the first full pay period of July 2024 forward: 4.75%
Enrollment in the 401(a) plan is irrevocable.
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26 ARTICLE 13. UNIFORM ALLOWANCE, UNIFORM AND SAFETY
EQUIPMENT ISSUANCE
A. Uniform Allowance
The uniform allowance is $1,250 per year.
On the first paycheck in June, the City shall pay one half of the uniform allowance to each officer who has completed 12 months of continuous service prior to the date of payment.
The second half of the uniform allowance shall be issued on the first paycheck in December to each officer who has completed 12 months of continuous service prior to the date of payment.
The City shall pay an additional $370 annual uniform allowance the first full pay period in December to each motorcycle officer who has completed 12 months of continuous motorcycle duty prior to the date of payment.
B. Uniform Issuance
The City will provide each new officer two (2) initial standard uniforms.
The City shall provide motorcycle officers:
1 leather jacket
2 pairs of motor pants
1 pair of motor boots
1 pair of winter gloves
1 set of thermal underwear
Uniforms damaged in the line of duty shall be replaced or repaired in accordance with existing Police Department policy.
C. Safety Equipment Issuance
City shall furnish each new employee with the following safety equipment:
1. Flashlight
2. Foul weather garments
3. Firearm
4. Nightstick (baton)
5. Handcuffs
6. Leather equipment
a. Belt
b. Holster
c. Key strap
d. Cuff case
e. O.C. spray holder
f. Ammo holder
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27 g. Baton ring
7. Ballistic vest
8. O.C. spray
9. Ammunition
Equipment that is damaged or lost will be replaced or repaired in accordance with existing Police Department policy.
D. Ballistic Vest
The City will replace each ballistic vest issued to employees at the expiration of the current certification of the vest and each time thereafter. It shall be the responsibility of each employee to notify the City at the expiration of his/her certification.
The City will replace the old vest with a new threat level III(A) ballistic vest.
It shall be the responsibility of each officer to replace the fabric carrier if it wears out prior to the vest.
E. Safety Equipment Vesting
Any interest that the City acquires through the issuance or payment of maintenance allowance for safety equipment shall vest in the employee after seven (7) years of continuous service with the department as a sworn officer.
ARTICLE 14. TUITION REIMBURSEMENT
The City will provide a tuition and books reimbursement program for educational activities which are directly job related and approved in advance by the Chief of Police subject to reimbursement guidelines established by the City's Human Resources Department.
The maximum annual calendar year tuition reimbursement is $4,000 $6,000.
ARTICLE 15. POST TRAININGS MEAL REIMBURSEMENTS
Employees in POST training will receive $24.00 per diem per day for meals. The per diem amount will be adjusted according to POST guidelines for meals. Lodging and other training related expenses will be reimbursed/paid at actual amounts based upon submitted receipts according to City procedure.
Employees attending POST training(s) will receive meal reimbursement according to the City’s Administrative Policy manual (100.22 “Travel and Business Expense Policy”). Pursuant to this policy, the reimbursement rate is equal to the General Service Administration’s rate for Meals and Incidentals Expenses. The department will submit claims to POST to obtain partial reimbursement for the City’s cost.
ARTICLE 16. RETIREMENT/PERS
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28 A. Retirement Benefits
The City’s contract with the California Public Employee’s Retirement System (PERS) provides for the following retirement benefits:
1. Tier 1 – Retirement benefits for classic Classic members hired on or prior to June 30, 2012 shall receive the following PERS benefits.
3.0% @ age 50 retirement formula (GC 21362.2)
Single highest year compensation (GC 20042)
Death Benefits — Basic Level (GC 21532)
1959 Survivor's Benefits (Level IV) (GC 21574)
Continuation of Pre‐Retirement Death Benefits After Remarriage of Survivor (GC 21551)
PERS unused sick leave credit option (GC 20965)
Military service credit as public service (GC 21024)
Employee Sharing Cost of Additional Benefits (GC 20516)
2. Tier 2
Subject to the agreement in advance by all bargaining agents representing employees classified by PERS as Police Safety, the City will amend its contract with CalPERS to provide new hires with the following PERS retirement features:
3.0% @ age 55 retirement formula (GC 21363.1)
Three year average of final compensation (GC 20037)
Death Benefits — Basic Level (GC 21532)
1959 Survivor's Benefits (Level IV) (GC 21574)
Continuation of Pre‐Retirement Death Benefits After Remarriage of Survivor (GC 21551)
PERS unused sick leave credit option (GC 20042)
Military service credit as public service (GC 21024)
Employee Sharing Cost of Additional Benefits (GC 20516)
2.3. Tier 3 – New members, as defined by PERS, as members who joined CalPERS for the first time on or after January 1, 2013 having no prior membership and/or not subject to reciprocity, hired on or after January 1, 2013, shall receive the following PERS benefits.
2.7% @ age 57 retirement formula (GC 21362.2)
Three year average of final compensation (GC Section 20042) Other benefits as defined by PEPRA 2013
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29 B. Employee PERS Contribution
The classic employee contribution rate shall be 11.25%. At the beginning of the term of the MOU, the City paid 4.5% and each Classic employee paid 6.75%.
Effective the first full pay period following City Council adoption of this MOU, each Classic employee shall pay an additional 1.25% of pensionable wage to fund the Classic employee contribution for a total of 8.0%.
Effective the pay period including July 1, 2018, each Classic employee shall pay an additional 1.25% of pensionable wage to fund the Classic employee contribution for a total of 9.25%.
Effective the pay period including July 1, 2019, each Classic employee shall pay an additional 1.0% of pensionable wage to fund the Classic employee contribution for a total of 10.25%.
Effective the pay period including July 1, 2020, each Classic employee shall pay an additional 1.0% of pensionable wage to fund the Classic employee contribution for a total of 11.25%.
Employees determined to be “new” members by CalPERS pursuant to PEPRA shall contribute one half of the normal cost of the benefits, as determined by CalPERS.
Employer paid member contribution (EPMC) is reported to PERS as salary for PERS retirement purposes only.
ARTICLE 17. EMPLOYEE ASSISTANCE PROGRAM (EAP)
The City will provide an EAP that employees may utilize at any time.
The Chief of Police and department managers may require employees covered by the Association to attend an EAP counseling session(s) during working hours for work related matters. The purpose of the session(s) is to assist the employee in receiving advice about workplace issues.
ARTICLE 18. INTERNAL AFFAIRS PANEL
The Internal Affairs Panel is a group of three (3) members representing the Police Department and the bargaining unit whose responsibility is to objectively examine the facts of administrative internal investigations. The Internal Affairs panel shall consist of two sworn police department managers who are not a party to the investigation and shall be designated by the Chief of Police. The third member shall be a representative of the bargaining unit.
Whenever a complaint is filed either externally or internally against any member of the bargaining unit, and, after the investigation is completed, the manager of the internal affairs Packet Page 320 of 338Attachment 2 Page 32 of 42
30 process will review the investigation. If it appears the complaint disposition may be either sustained or partially sustained, then at the request of the accused officer, the Internal Affairs Panel shall be convened. The panel makes appropriate, unbiased recommendations on any punitive action that may be taken against a member of the bargaining unit.
The Internal Affairs Panel shall:
1. Review the facts of the investigation.
2. Attempt to reach consensus on the disposition (not sustained, sustained, partially sustained, exonerated, unfounded).
3. Recommend further action to be taken, if any, to the Chief of Police.
The findings of the panel shall be advisory in nature and written in a memorandum to the Chief of Police. If consensus cannot be reached, a minority and majority opinion may be forwarded to the Chief of Police. The findings of the panel shall be reviewed by the manager of the internal affairs process who may concur or write a separate recommendation to the Chief of Police.
In any investigation where the Internal Affairs Panel has reviewed the investigation and made a recommendation of disciplinary action, the appeal of the disciplinary action will be directed to the Chief of Police who shall meet with the affected parties and render a decision within ten (10) working days. For written reprimands, there shall be no appeal of the Chiefs decision. For suspensions of one (1) or more days, the employee may choose to use the discipline procedure.
ARTICLE 19. GRIEVANCE PROCEDURE
Definition of Grievance and Grievant ‐ A dispute over the interpretation, application or enforcement of Department policies and procedures, or this MOU, but, specifically, not involving disciplinary actions for employees. A grievant may be an employee, group of employees or the Association.
1. The grievant shall discuss the grievance with the immediate supervisor involved in the grievance within 14 calendar days of its occurrence.
2. If a satisfactory solution has not been reached within 14 calendar days, the matter shall be referred to the Division Commander involved in the grievance. The grievant and the supervisor shall submit separate memoranda setting forth their respective views.
3. The Division Commander shall respond in writing within 14 calendar days.
4. If, after the receipt of the decision from the Division Commander, the grievance has not been satisfactorily resolved, the grievant and/or the Association may, within 14 calendar days, request a meeting with the Chief of Police.
5. The Chief of Police shall meet with the grievant within 14 calendar days after receipt of the request.
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31 6. The Chief of Police shall render a written decision not later than 14 calendar days.
7. If after receipt of the decision from the Chief of Police, the grievance has not been satisfactorily resolved, the grievant may request a hearing. The request must be made within 14 calendar days of receiving the decision from the Chief of Police, and must be in writing to the City Manager.
The City Manager shall appoint a hearing officer who shall conduct an administrative hearing. The City Manager, or designee, shall consult with the recognized representative prior to making the appointment. The hearing officer shall be a neutral party from outside the organization.
The fees and expenses of the hearing officer shall be borne equally by the parties. A court reporter may be included in the proceedings upon mutual agreement of the parties, the cost of which shall be split between the parties. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expenses of witnesses called by the other.
8. The time limits may be shortened or lengthened, upon mutual agreement, and any of the steps may be waived upon mutual agreement.
ARTICLE 20. DISCIPLINE PROCEDURE
As used in this section, working day shall refer to the employee's working day or to the working day of the other party involved (supervisor, division commander, Chief of Police, City Manager and/or their designees), depending upon whose response or action is pending.
A. Written Reprimand
For written reprimands steps 1‐6 shall be followed.
1. The immediate supervisor may meet with an employee to discuss proposed discipline action after notifying the employee in writing that such a meeting is being held for the purpose of ascertaining whether disciplinary action is appropriate.
2. After any meeting or meetings held under paragraph A.1, the supervisor shall notify the employee of the proposed discipline action by written notice containing the following information:
a. A description of the action taken and its effective dates.
b. A clear and concise statement of the reasons for such action, including the acts or omissions on which the disciplinary action is based.
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32 c. A statement advising the employee of the right to respond, either verbally or in writing, to the authority proposing the action prior to its effective date.
d. A statement that a copy of the materials upon which the action is based is attached or available for inspection upon request.
e. A statement advising the employee of the method and right to appeal and the time within which the appeal must be made.
3. If the employee disagrees with the proposed disciplinary action, he or she shall within 14 calendar days of the written notice request a meeting with the supervisor recommending discipline to attempt to resolve the issue.
4. The supervisor shall confirm the results of the meeting in a memorandum to the employee.
5. If a satisfactory solution has not been reached under Article 20.A.3. within 14 calendar days, the employee may submit the matter to the employee's division commander for discussion.
6. If, after thorough discussion, the division commander has not been able to satisfactorily resolve the issue within 14 calendar days, it shall be referred to the Chief of Police. The division commander shall prepare a written memorandum setting forth the recommended disciplinary action, The Chief of Police shall meet with the affected parties and render his/her final decision within 14 calendar days.
7. Written Reprimands shall remain in the employee’s personnel file not longer than three consecutive years from the date the discipline is issued. Upon the expiration of the three‐year time lapse the Written Reprimand shall be purged from the employee’s personnel files and shall not be referenced in any future review, evaluation, or action against said employee. This section is intended to include Written Reprimands dated prior to the start date of this Agreement.
B. Suspensions, Demotions, and Terminations
For suspensions of one (1) or more days, demotions, or terminations, Steps 1‐6 under paragraph A. shall be followed. However, an employee may be placed on administrative leave with pay when exigent circumstances exist that requires immediate removal from duty. In addition to steps 1‐6 under paragraph A., the additional steps below shall be followed for suspensions of one (1) or more days, demotions, or terminations:
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33 1. An employee who has been suspended for one (1) or more days, demoted, or terminated, may appeal the decision of the Chief of Police concerning the action, within 14 calendar days of receiving the Chief's decision. The City Manager shall appoint a hearing officer who shall conduct an administrative hearing. The City Manager or designee shall consult with the employee's representative prior to making the appointment. The hearing officer shall be a neutral party from outside the organization.
2. The fees and expenses of the hearing officer and court reporter shall be shared equally among the parties. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expenses of witnesses called by the other.
3. A party requesting a transcript to the hearing shall bear the cost thereof. The hearing officer shall make a recommendation to the City Manager to sustain, modify, or reverse the disciplinary decision. A copy of the recommendation will be given to the employee. The City Manager will issue a final decision within 14 calendar days of receiving the recommendation, and may but is not required, to accept the hearing officer's recommendation.
4. This procedure does not constitute a waiver of the employee's right to request a review of the City's decision in a court of law pursuant to Code of Civil Procedures Section 1094.5.
C. Documented Oral Counseling
Employees who receive a documented oral counseling may appeal such counseling memo through their chain of command to the Chief of Police, If, after appealing to the Chief of Police, the employee is still dissatisfied the employee may appeal to the Director of Human Resources or designee who may sustain, modify, or retract the memo. Such decision shall be final.
The timelines for the employee to appeal the memo shall coincide with the appeal process for discipline 14 working days at each level. Should the 14 days elapse, the appeal will be considered withdrawn and the employee shall have no further appeal rights.
ARTICLE 21. NO STRIKE
The Association agrees that participation in a strike, work slowdown, or work stoppage shall subject the employee to disciplinary action, up to and including discharge.
The Association, its representative, or members, shall not engage or cause, instigate, encourage, sanction or condone a strike or work stoppage, or work slowdown of any kind. No employee shall refuse to cross any picket line in the conduct of police department business, nor Packet Page 324 of 338Attachment 2 Page 36 of 42
34 shall the Association, its representative or members discriminate in any way toward anyone who refuses to participate in a strike, work slowdown, or work stoppage.
Strike, work slowdown, or work stoppage means the concerted failure to perform or report for duty, the willful absence from one's position, the stoppage of work, or abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation, or the rights, privileges or obligations of employment.
ARTICLE 22. LAYOFF
A. Policy
The City retains the right to abolish any position, reduce the work force and layoff employees when it becomes necessary due to economic conditions, organizational changes, lack of work, or because the necessity for a position no longer exists. The City's layoff policy provides the following criteria to be followed during a reduction in force.
B. Definition
Layoff shall be defined as the involuntary and non‐disciplinary separation of a Police Officer from city service by the City Manager or City Council.
C. Notice of Layoff
The City shall notify the Association as soon as it realizes that layoffs may be necessary.
Police Officer(s) who will be laid off shall receive at least thirty (30) days written notice in advance of the layoff date. The City may choose to give the employee who shall be laid off up to 30 days severance pay in lieu of the thirty days written notice.
D. Order of Layoff
The order of layoff shall be in inverse order of seniority with seniority being determined by date of hire into the class of Police Officer with the City of Fairfield. Additionally, time spent on military leave if such military leave was approved or authorized by law will not affect the Officer's seniority if the Officer was a full‐time Fairfield Police Officer when he/she performed such military duty.
The order of layoff shall be as follows:
1. Probationary employees
2. Regular full‐time employees
E. Layoff Procedure
1. Prior to the establishment of the final order of layoff, the City Manager or his designee shall furnish affected employees a copy of the "Proposed Order of Layoff." Notice will be hand delivered to employees whenever possible.
2. If the employee wishes to contest the application of the "Order of Layoff' criteria set forth in this policy to his/her position on the list, he/she may appeal with any Packet Page 325 of 338Attachment 2 Page 37 of 42
35 supporting materials to the City Manager or designee. This request should be directed to the City Manager or designee within seven (7) calendar days following the establishment and distribution of a "Proposed Order of Layoff' list.
The employee will be allowed representation during the appeal process.
3. After meeting with all employees wishing to be heard with respect to their position on the layoff list, the City Manager or designee shall establish the "Final Order of Layoff' list. The decision of the City Manager or designee shall be final and not subject to the grievance process or further appeal.
F. Rehire List
1. Police Officers laid off shall have their names placed on a rehire list for the position of Police Officer. A rehire list shall be maintained by Human Resources for a period of two (2) years from the date of layoff. Names shall be placed on the list in inverse order of seniority (last released, first rehired). Police Officers who are laid off shall be rehired before any new Police Officers are hired.
Individuals who qualify for rehire but do not respond to written notification to the last known address on file within 14 calendar days or who refuse in writing a rehire offer from the City shall have their names removed from the rehire list. It is the employee's responsibility to provide Human Resources with a current mailing address.
2. Medical Benefits
A Police Officer who is laid off shall have the option of maintaining his/her medical benefits through the City's group medical plans pursuant to COBRA. Such benefits will be at the expense of the Officer.
3. Rights Upon Re‐hire
When an Officer is re‐hired he/she shall:
a. Retain his/her seniority date;
b. Accrue vacation leave at the same rate at which it was accrued at time of layoff;
c. Have any unused sick leave, that was not paid out to the employee at the time of layoff, reinstated;
d. Be reinstated at the same salary range and step he/she held at the time of the layoff; and
e. Have his/her retirement benefits reinstated in accordance with PERS Rules and Regulations.
4. Probationary Employees
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36 Employees who are laid off while on probation shall remain in probationary status upon rehire according to the following schedule:
Time Completed in Probation Prior to Layoff Probation Term Officers Hired at Entry 0‐6 months 18 months
Officers Hired at Entry 6‐12 months 12 months
Officers Hired as Laterals 0‐6 months 12 months
Officer Hired as Laterals 6‐12 months 6 months
G. Miscellaneous
A Police Officer who is laid off shall receive payment for all earned salary, all CTO due and all accrued vacation at time of separation.
ARTICLE 23. RESIDENCY REQUIREMENT
Every sworn police officer shall maintain a residence within 60 minutes from the City of Fairfield Civic Center.
ARTICLE 24. DRUG AND ALCOHOL TESTING
The parties will follow the City of Fairfield Reasonable Suspicion Drug and Alcohol Testing Policy and Procedure as specified for the FPOA and City of Fairfield Administrative Policy, Chapter 200. Section 41 Drug and Alcohol Testing for City Employees. As a part of the City's commitment to the health and safety of employees, the City provides a drug free work place in accord with the Drug Free Work Place Act of 1988. It is understood that the unlawful manufacture, distribution, dispensing, possession or use of drugs and/or alcohol is prohibited in the work place and that violation of this provisions would subject the employee to disciplinary action. The City has a zero tolerance standard for employees being under the influence of or in possession of alcohol and/or drugs while at work.
ARTICLE 25. CALL OUT LISTS
Any off‐duty Officer is subject to call‐out due to an emergency or at the Chief's request; however, the Police Department will not maintain a list in order of preference for calling out officers.
ARTICLE 26. SEPARABILITY
Except as specifically provided herein, if any article or provision of this MOU or any portion thereof is in conflict or inconsistent with applicable laws, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such article or provision, or portion thereof shall be suspended and superseded by such applicable law and the remainder of such article, provision, or portion thereof of the Agreement shall not be affected thereby.
ARTICLE 27. MAINTENANCE OF MEMBERSHIP
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37 Unit employees covered by this MOU who are members of the Association, upon final ratification of this contract shall remain members in good standing with the Association for the full term of this MOU and all successive agreement, provided, however, that any member of the Association may resign membership in writing to the City and by certified mail to the Association, during the seven (7) calendar pay period commencing in July 1st of each year of the MOU.
ARTICLE 28. ISSUES OF MUTUAL CONCERN
The parties to this MOU have discussed staffing, minimum qualifications, and training, and both acknowledge the complexity of addressing these issues contractually. The Association acknowledges its responsibilities to discuss these issues with management when there is a concern. The City acknowledges it has an obligation to be receptive to discussing such concerns and to be responsive to the Association's concerns.
ARTICLE 29. CONTINUANCE OF LABOR AND MANAGEMENT MEETINGS During the term of the Agreement, the Association and City agree that the parties will continue to meet to negotiate language revisions for the successor MOU that were not resolved during the Parties’ negotiation that led to this Agreement.
ARTICLE 30. CONCLUSIONS OF AGREEMENT
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties.
Therefore, for the life of this MOU, except as provided specifically herein, neither party shall be compelled to meet and confer on items affecting salaries or working conditions, except by mutual agreement of the parties.
Packet Page 328 of 338Attachment 2 Page 40 of 42
38 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING
REACHED BETWEEN
THE REPRESENTATIVES OF THE CITY AND
THE FAIRFIELD POLICE OFFICERS’ ASSOCIATION
City of Fairfield Fairfield Police Officers’ Association
David J. Gassaway Cade Beckwith
Interim City Manager FPOA President
Date Date
Packet Page 329 of 338Attachment 2 Page 41 of 42
39 APPENDIX 1
LIGHT DUTY POLICY AND PROCEDURE
It is the City's policy to temporarily provide light or modified duty work assignments, when possible to all injured employees until they can return to full work status. However, the City is under no obligation to provide light or modified duty if there is none available.
A physician may return an injured employee to duty with work restrictions prior to releasing the employee to his/her regular full work duties. It is important that the treating physician understand the physical job demands of the injured worker in order to prescribe the proper work restrictions, The City must communicate with the treating physician the essential functions of the job classification is that necessary work restrictions may be determined. Risk Management consults with the physicians to provide this information on an as needed basis.
A "light duty" assignment is made when an employee's work restriction (s) can be temporarily accommodated within his/her normal duties. A "modified duty" assignment is made when an employee's work restrictions(s) is considered to be permanent and, their position duties are accommodated to allow for the work restriction.
Under this policy, Supervisors have the added responsibility to ensure that any and all work restrictions specified by the treating physician are rigidly adhered to and enforced during the period of light or modified duty assignment, and employees are required to adhere to the work restrictions.
Light and/or modified duty assignments shall be considered flexible and adaptable to meeting the particular needs of both the disabled employee and the department. This may include assignments of less than eight (8) hours a day, frequent breaks, the use of modified work stations, and so forth. Each situation will be evaluated on an as‐needed basis. The assignment of a light or modified duty position shall not be considered a permanent job placement.
If an employee is released by his or her treating physician to light or modified duty, Human Resources follows up with the department to determine whether the employee can be returned to work in a light duty mode. If the department does not have a light or modified duty assignment for the employee, the employee receives temporary disability payments for industrial injury or illness, and may be eligible for short term disability benefits for non‐industrial injury. The City may assign employees to light duty work in other departments or divisions provided that the work duties are appropriate for the skills of the employee and the work restrictions.
Packet Page 330 of 338Attachment 2 Page 42 of 42
Agenda Item No: 21.
AGENDA REPORT
DATE:May 3, 2022
TO:Mayor and City Council
FROM:David Gassaway, Interim City Manager
SUBJECT:Discussion Regarding Project Labor Agreements for CityOwned Capital Improvement Projects
RECOMMENDED ACTION
Receive report, open discussion, and provide direction to staff.
STATEMENT OF ISSUE
The City of Fairfield received a request to consider implementing a project labor agreement (PLA) for future construction projects exceeding $750,000. A PLA is a prehire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project.
DISCUSSION
Councilmember Timm and ViceMayor Vaccaro have received requests for the council to consider the implementation a project labor agreement (PLA) for future construction projects exceeding $750,000. A PLA is a prehire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project.
PLAs date back to the 1930s, when the federal government constructed extensive public works projects and skilled labor was difficult to find. Examples of early projects that had PLAs include the Shasta Dam and the Hoover Dam. During this period, PLAs were vital to preventing work stoppages and ensuring the timely completion of large and complex projects. Work stoppages are far less frequent in today’s public sector construction environment. Instead, PLAs today are used to govern hiring practices, ensure benefits for construction workers, and proscribe grievance and arbitration procedures, among other provisions. Most recently, President Biden signed executive order 14063, Use of Project Labor Agreements for Federal Construction Projects, which mandates PLAs on federal construction projects of $35 million or more in value. The Biden Administration notes the difficulties of efficient and timely procurement in the Federal Government as a reason for implementing PLAs for largescale federal construction projects.
The California Public Contract Code allows a public entity to require PLAs only if the agreement includes all of the following taxpayer protection provisions:
1. The agreement prohibits discrimination based on race, national origin, religion, sex, sexual orientation, political affiliation, or membership in a labor organization in hiring and dispatching workers for the project.
Packet Page 331 of 338
Agenda Item No: 21.AGENDA REPORTDATE:May 3, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Discussion Regarding Project Labor Agreements for CityOwned Capital ImprovementProjectsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City of Fairfield received a request to consider implementing a project labor agreement (PLA) forfuture construction projects exceeding $750,000. A PLA is a prehire collective bargaining agreementwith one or more labor organizations that establishes the terms and conditions of employment for aspecific construction project.DISCUSSIONCouncilmember Timm and ViceMayor Vaccaro have received requests for the council to consider theimplementation a project labor agreement (PLA) for future construction projects exceeding $750,000. APLA is a prehire collective bargaining agreement with one or more labor organizations that establishesthe terms and conditions of employment for a specific construction project.PLAs date back to the 1930s, when the federal government constructed extensive public works projectsand skilled labor was difficult to find. Examples of early projects that had PLAs include the Shasta Damand the Hoover Dam. During this period, PLAs were vital to preventing work stoppages and ensuringthe timely completion of large and complex projects. Work stoppages are far less frequent in today’spublic sector construction environment. Instead, PLAs today are used to govern hiring practices, ensurebenefits for construction workers, and proscribe grievance and arbitration procedures, among otherprovisions. Most recently, President Biden signed executive order 14063, Use of Project LaborAgreements for Federal Construction Projects, which mandates PLAs on federal construction projectsof $35 million or more in value. The Biden Administration notes the difficulties of efficient and timelyprocurement in the Federal Government as a reason for implementing PLAs for largescale federalconstruction projects. The California Public Contract Code allows a public entity to require PLAs only if the agreementincludes all of the following taxpayer protection provisions:
1. The agreement prohibits discrimination based on race, national origin, religion, sex, sexual orientation, political affiliation, or membership in a labor organization in hiring and dispatching workers for the project.
2. The agreement permits all qualified contractors and subcontractors to bid for and be awarded work on the project without regard to whether they are otherwise parties to collective bargaining agreements.
3. The agreement contains an agreedupon protocol concerning drug testing for workers who will be employed on the project.
4. The agreement contains guarantees against work stoppages, strikes, lockouts, and similar disruptions of the project.
5. The agreement provides that disputes arising from the agreement shall be resolved by a neutral arbitrator.
In addition to the legal requirements outlined above, PLAs can also include conditions such as:
1. Establish standard work rules, prevailing wage, hours, and fringe benefits payment.
2. Promote workforce development through establishing local hiring and disadvantaged worker employment opportunities.
3. Requirement for a contractor to hire exclusively from union hiring halls provided that the union controlling this employee referral system may not discriminate based on a worker’s union or non union status.
4. A requirement that new employees, within a certain period of time, pay dues to the union for representing their interests before the contract.
5. Provisions related to management’s rights.
6. Grievance procedures, wages, hours, and working conditions and schedules, including whether work will take place on weekends and holidays.
The PLA cannot preclude nonunion contractors from bidding on the construction project; however, the terms of the PLA apply to both union and nonunion contractors equally. The use and impacts of PLAs are heavily debated; prominent areas of disagreement include whether PLAs affect construction costs.
Support for PLAs
Proponents of PLAs highlight that using a project labor agreement provides longterm project stability due to labor dispute conditions included in the agreement. Standardized work conditions and practices could lead to cost savings and do not limit contractors since both union and nonunion bids are accepted. PLAs create a “level playing field” for labor costs for both union and nonunion contractors, and PLAs can also include diversity and workforce employment hiring goals for disadvantaged communities.
Opposition for PLAs
Opponents critique that PLAs reduce economic competition and raise costs by mandating union wages and benefits that constrain the number of bids on a project. While PLAs do not preclude nonunion contractors from bidding on construction projects, they can authorize the unions to negotiate the wages and work rules under which a contractor must operate. This potentially decreases the number of interested contractors willing to bid on a project resulting in less competition and leading to higher bids overall.
Union Membership in the Construction Industry
Historically, there has been a decline in union membership in America. The Bureau of Labor Statics reports in 2021, 13.6% of individuals employed in construction were union members, which is higher than the overall union membership rate of 10.3%. Given the low participation rate in unions, PLAs which require union participation or contribution to union dues and health care can raise concerns for those not interested in participating in a union.
Despite low participation rates in unions, individuals who participate in unions consistently have higher average earnings than nonunion workers. Part of this difference is due to union coverage, and part is that the two groups of workers are different in terms of their age, experience, educational attainment, and the industries in which they work. The US Bureau of Labor Statistics provides wage comparison nationally for the construction industry, comparing median weekly earnings for union vs. nonunion workers.
Packet Page 332 of 338
Agenda Item No: 21.AGENDA REPORTDATE:May 3, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Discussion Regarding Project Labor Agreements for CityOwned Capital ImprovementProjectsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City of Fairfield received a request to consider implementing a project labor agreement (PLA) forfuture construction projects exceeding $750,000. A PLA is a prehire collective bargaining agreementwith one or more labor organizations that establishes the terms and conditions of employment for aspecific construction project.DISCUSSIONCouncilmember Timm and ViceMayor Vaccaro have received requests for the council to consider theimplementation a project labor agreement (PLA) for future construction projects exceeding $750,000. APLA is a prehire collective bargaining agreement with one or more labor organizations that establishesthe terms and conditions of employment for a specific construction project.PLAs date back to the 1930s, when the federal government constructed extensive public works projectsand skilled labor was difficult to find. Examples of early projects that had PLAs include the Shasta Damand the Hoover Dam. During this period, PLAs were vital to preventing work stoppages and ensuringthe timely completion of large and complex projects. Work stoppages are far less frequent in today’spublic sector construction environment. Instead, PLAs today are used to govern hiring practices, ensurebenefits for construction workers, and proscribe grievance and arbitration procedures, among otherprovisions. Most recently, President Biden signed executive order 14063, Use of Project LaborAgreements for Federal Construction Projects, which mandates PLAs on federal construction projectsof $35 million or more in value. The Biden Administration notes the difficulties of efficient and timelyprocurement in the Federal Government as a reason for implementing PLAs for largescale federalconstruction projects. The California Public Contract Code allows a public entity to require PLAs only if the agreementincludes all of the following taxpayer protection provisions:1. The agreement prohibits discrimination based on race, national origin, religion, sex, sexualorientation, political affiliation, or membership in a labor organization in hiring and dispatchingworkers for the project.2. The agreement permits all qualified contractors and subcontractors to bid for and be awardedwork on the project without regard to whether they are otherwise parties to collective bargainingagreements.3. The agreement contains an agreedupon protocol concerning drug testing for workers who will beemployed on the project.4. The agreement contains guarantees against work stoppages, strikes, lockouts, and similar disruptionsof the project.5. The agreement provides that disputes arising from the agreement shall be resolved by a neutralarbitrator.In addition to the legal requirements outlined above, PLAs can also include conditions such as:1. Establish standard work rules, prevailing wage, hours, and fringe benefits payment.2. Promote workforce development through establishing local hiring and disadvantaged workeremployment opportunities.3. Requirement for a contractor to hire exclusively from union hiring halls provided that the unioncontrolling this employee referral system may not discriminate based on a worker’s union or nonunion status.4. A requirement that new employees, within a certain period of time, pay dues to the union forrepresenting their interests before the contract.5. Provisions related to management’s rights.6. Grievance procedures, wages, hours, and working conditions and schedules, including whetherwork will take place on weekends and holidays.The PLA cannot preclude nonunion contractors from bidding on the construction project; however, theterms of the PLA apply to both union and nonunion contractors equally. The use and impacts of PLAsare heavily debated; prominent areas of disagreement include whether PLAs affect construction costs.Support for PLAsProponents of PLAs highlight that using a project labor agreement provides longterm project stabilitydue to labor dispute conditions included in the agreement. Standardized work conditions and practicescould lead to cost savings and do not limit contractors since both union and nonunion bids areaccepted. PLAs create a “level playing field” for labor costs for both union and nonunion contractors,and PLAs can also include diversity and workforce employment hiring goals for disadvantagedcommunities. Opposition for PLAsOpponents critique that PLAs reduce economic competition and raise costs by mandating union wagesand benefits that constrain the number of bids on a project. While PLAs do not preclude nonunioncontractors from bidding on construction projects, they can authorize the unions to negotiate the wagesand work rules under which a contractor must operate. This potentially decreases the number ofinterested contractors willing to bid on a project resulting in less competition and leading to higher bidsoverall.Union Membership in the Construction IndustryHistorically, there has been a decline in union membership in America. The Bureau of Labor Staticsreports in 2021, 13.6% of individuals employed in construction were union members, which is higherthan the overall union membership rate of 10.3%. Given the low participation rate in unions, PLAs whichrequire union participation or contribution to union dues and health care can raise concerns for thosenot interested in participating in a union.Despite low participation rates in unions, individuals who participate in unions consistently have higheraverage earnings than nonunion workers. Part of this difference is due to union coverage, and part isthat the two groups of workers are different in terms of their age, experience, educational attainment,and the industries in which they work. The US Bureau of Labor Statistics provides wage comparison nationally for the construction industry, comparing median weekly earnings for union vs. nonunion workers.
Median Weekly Earnings
2018 2019 2020 2021
Union Member $1,220 $1,257 $1,254 $1,344
NonUnion $819 $868 $920 $922
Difference $401 $389 $334 $422
Data for California construction industry wages comparing union and nonunion data was not accessible at the time of publishing this staff report. However, California law mandates prevailing wages for all workers employed on public works projects. Prevailing wages are based on the standard union package but not necessarily their MOU, which creates the discrepancy in pay between the two groups.
Equity and Workforce Development Through PLAs
PLAs often include targeted hiring provisions such as a local hire policy or workforce development requirements for local disenfranchised communities. Through apprenticeship programs and onthejob training, careers in construction have a low barrier to entry; in 2020, 56.4% of construction industry workers had not attended college. While there is a low barrier to entry, the construction industry remains a maledominated field, with only one in ten construction workers being a woman. However, race and ethnicity within the construction industry have become more diverse. In 2020, 30% of construction workers were Hispanic, 5.1% were Black, and 1.8% were Asian. While diversity is increasing, the union participation rate was higher among nonHispanic Whites (15.2%) and nonHispanic Blacks (12.7%) than among Hispanic (8.7%) and nonHispanic Asians (7.6%).
Financial Impact of PLAs
Most research surrounding the financial impact of PLAs and whether the implementation of a PLA increases the costs of a construction project concludes that there is an increase in overall construction costs. However, it is difficult to find realworld settings where conditions allow for a direct comparison of the outcomes of PLA and nonPLA projects. Even when adjusting for inflation throughout the period of study, factors such as construction location, size, and scope of work vary and influence the final cost of a project. Below is a summary of studies published examining the PLA impact on construction costs.
Research Institute Scope of Study PLA Cost Impact
The Beacon Hill
Institute
Public school construction (95
schools) in Connecticut between
2001 2019
PLAs increased costs by
19.84%
New Jersey
Department of Labor
and Workforce
Development
Public school construction (75
schools) in New Jersey between
20022008
PLAs increased costs by
30.5%
The Beacon Hill
Institute
Public school construction (107
schools) in New Jersey between
2002 2018
PLAs increased costs by
16.25%
UC Berkeley Labor
Center
California community college
projects (88 PLAs and 175 non
PLAs) between 20072016
PLAs had no impact on
construction costs
UC Berkeley Labor
Center
College of Marin construction of 7
new buildings (3 under PLAs and
4 nonPLAs) between 20082015
PLAs had no impact on
construction costs
RAND Corporation Los Angeles Prop HHH housing
development (7,300 units)
between 2017 2020
PLAs increased per unit
cost by 14.5%
The most recent research from the RAND Corporation has one of the most controlled environments for studying the effect of PLAs on construction costs as it is constrained to a single metro area over a relatively short time period under a single PLA. Additional cost implications not included in the above research estimates are the administrative costs to oversee the PLA by the local governing authority.
Packet Page 333 of 338
Agenda Item No: 21.AGENDA REPORTDATE:May 3, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Discussion Regarding Project Labor Agreements for CityOwned Capital ImprovementProjectsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City of Fairfield received a request to consider implementing a project labor agreement (PLA) forfuture construction projects exceeding $750,000. A PLA is a prehire collective bargaining agreementwith one or more labor organizations that establishes the terms and conditions of employment for aspecific construction project.DISCUSSIONCouncilmember Timm and ViceMayor Vaccaro have received requests for the council to consider theimplementation a project labor agreement (PLA) for future construction projects exceeding $750,000. APLA is a prehire collective bargaining agreement with one or more labor organizations that establishesthe terms and conditions of employment for a specific construction project.PLAs date back to the 1930s, when the federal government constructed extensive public works projectsand skilled labor was difficult to find. Examples of early projects that had PLAs include the Shasta Damand the Hoover Dam. During this period, PLAs were vital to preventing work stoppages and ensuringthe timely completion of large and complex projects. Work stoppages are far less frequent in today’spublic sector construction environment. Instead, PLAs today are used to govern hiring practices, ensurebenefits for construction workers, and proscribe grievance and arbitration procedures, among otherprovisions. Most recently, President Biden signed executive order 14063, Use of Project LaborAgreements for Federal Construction Projects, which mandates PLAs on federal construction projectsof $35 million or more in value. The Biden Administration notes the difficulties of efficient and timelyprocurement in the Federal Government as a reason for implementing PLAs for largescale federalconstruction projects. The California Public Contract Code allows a public entity to require PLAs only if the agreementincludes all of the following taxpayer protection provisions:1. The agreement prohibits discrimination based on race, national origin, religion, sex, sexualorientation, political affiliation, or membership in a labor organization in hiring and dispatchingworkers for the project.2. The agreement permits all qualified contractors and subcontractors to bid for and be awardedwork on the project without regard to whether they are otherwise parties to collective bargainingagreements.3. The agreement contains an agreedupon protocol concerning drug testing for workers who will beemployed on the project.4. The agreement contains guarantees against work stoppages, strikes, lockouts, and similar disruptionsof the project.5. The agreement provides that disputes arising from the agreement shall be resolved by a neutralarbitrator.In addition to the legal requirements outlined above, PLAs can also include conditions such as:1. Establish standard work rules, prevailing wage, hours, and fringe benefits payment.2. Promote workforce development through establishing local hiring and disadvantaged workeremployment opportunities.3. Requirement for a contractor to hire exclusively from union hiring halls provided that the unioncontrolling this employee referral system may not discriminate based on a worker’s union or nonunion status.4. A requirement that new employees, within a certain period of time, pay dues to the union forrepresenting their interests before the contract.5. Provisions related to management’s rights.6. Grievance procedures, wages, hours, and working conditions and schedules, including whetherwork will take place on weekends and holidays.The PLA cannot preclude nonunion contractors from bidding on the construction project; however, theterms of the PLA apply to both union and nonunion contractors equally. The use and impacts of PLAsare heavily debated; prominent areas of disagreement include whether PLAs affect construction costs.Support for PLAsProponents of PLAs highlight that using a project labor agreement provides longterm project stabilitydue to labor dispute conditions included in the agreement. Standardized work conditions and practicescould lead to cost savings and do not limit contractors since both union and nonunion bids areaccepted. PLAs create a “level playing field” for labor costs for both union and nonunion contractors,and PLAs can also include diversity and workforce employment hiring goals for disadvantagedcommunities. Opposition for PLAsOpponents critique that PLAs reduce economic competition and raise costs by mandating union wagesand benefits that constrain the number of bids on a project. While PLAs do not preclude nonunioncontractors from bidding on construction projects, they can authorize the unions to negotiate the wagesand work rules under which a contractor must operate. This potentially decreases the number ofinterested contractors willing to bid on a project resulting in less competition and leading to higher bidsoverall.Union Membership in the Construction IndustryHistorically, there has been a decline in union membership in America. The Bureau of Labor Staticsreports in 2021, 13.6% of individuals employed in construction were union members, which is higherthan the overall union membership rate of 10.3%. Given the low participation rate in unions, PLAs whichrequire union participation or contribution to union dues and health care can raise concerns for thosenot interested in participating in a union.Despite low participation rates in unions, individuals who participate in unions consistently have higheraverage earnings than nonunion workers. Part of this difference is due to union coverage, and part isthat the two groups of workers are different in terms of their age, experience, educational attainment,and the industries in which they work. The US Bureau of Labor Statistics provides wage comparisonnationally for the construction industry, comparing median weekly earnings for union vs. nonunionworkers. Median Weekly Earnings201820192020 2021Union Member $1,220 $1,257 $1,254 $1,344NonUnion $819 $868 $920 $922Difference$401 $389 $334 $422Data for California construction industry wages comparing union and nonunion data was notaccessible at the time of publishing this staff report. However, California law mandates prevailingwages for all workers employed on public works projects. Prevailing wages are based on the standardunion package but not necessarily their MOU, which creates the discrepancy in pay between the twogroups. Equity and Workforce Development Through PLAsPLAs often include targeted hiring provisions such as a local hire policy or workforce developmentrequirements for local disenfranchised communities. Through apprenticeship programs and onthejobtraining, careers in construction have a low barrier to entry; in 2020, 56.4% of construction industryworkers had not attended college. While there is a low barrier to entry, the construction industry remainsa maledominated field, with only one in ten construction workers being a woman. However, race andethnicity within the construction industry have become more diverse. In 2020, 30% of constructionworkers were Hispanic, 5.1% were Black, and 1.8% were Asian. While diversity is increasing, the unionparticipation rate was higher among nonHispanic Whites (15.2%) and nonHispanic Blacks (12.7%)than among Hispanic (8.7%) and nonHispanic Asians (7.6%).Financial Impact of PLAsMost research surrounding the financial impact of PLAs and whether the implementation of a PLAincreases the costs of a construction project concludes that there is an increase in overall constructioncosts. However, it is difficult to find realworld settings where conditions allow for a direct comparison ofthe outcomes of PLA and nonPLA projects. Even when adjusting for inflation throughout the period ofstudy, factors such as construction location, size, and scope of work vary and influence the final cost of aproject. Below is a summary of studies published examining the PLA impact on construction costs.Research Institute Scope of Study PLA Cost ImpactThe Beacon HillInstitute Public school construction (95schools) in Connecticut between2001 2019 PLAs increased costs by19.84%New JerseyDepartment of Laborand WorkforceDevelopment Public school construction (75schools) in New Jersey between20022008 PLAs increased costs by30.5%The Beacon HillInstitute Public school construction (107schools) in New Jersey between2002 2018 PLAs increased costs by16.25%UC Berkeley LaborCenter California community collegeprojects (88 PLAs and 175 nonPLAs) between 20072016 PLAs had no impact onconstruction costsUC Berkeley LaborCenter College of Marin construction of 7new buildings (3 under PLAs and4 nonPLAs) between 20082015 PLAs had no impact onconstruction costsRAND Corporation Los Angeles Prop HHH housingdevelopment (7,300 units)between 2017 2020 PLAs increased per unitcost by 14.5%The most recent research from the RAND Corporation has one of the most controlled environments forstudying the effect of PLAs on construction costs as it is constrained to a single metro area over a relatively short time period under a single PLA. Additional cost implications not included in the above research estimates are the administrative costs to oversee the PLA by the local governing authority.
PLAs in Fairfield
The City Council previously considered adopting a resolution requiring PLAs in 2007 after a Council Subcommittee formed and worked with the building community and key staff to develop a recommended resolution. In February 2007, Council was going to consider the adoption of a resolution with the following requirements:
1. The City of Fairfield shall negotiate and execute a Project Labor Agreement with the NapaSolano County Building and Construction Trades Council covering all construction work for all construction projects in excess of Ten Million dollars ($10,000,000), including those projects delivered through the DesignBuild project method as set forth in Public Contract Code section 20175.2.
2. For any Capital Improvement Project involving new construction undertaken by the City with a total estimated construction cost between One Million dollars ($1,000,000) and Ten Million dollars ($10,000,000), the City staff shall, prior to the issuance of solicitation for bids, conduct an analysis as to whether it is in the best interest of the City to direct that a Project Labor Agreement be negotiated and executed for the construction project in question. In conducting its analysis, the City staff shall consider, among other factors, the Project’s budget, schedule, scope and complexity of trades required, and shall consult with the NapaSolano Building and Construction Trades Council for input on issues dealing with craft workers availability, local construction apprenticeship programs, local hire issues, and other issues related to labor relations on the Project.
3. The City shall not require the execution of a PLA where such requirement is prohibited by law.
The item was pulled from the agenda prior to consideration due to questions staff and the community had around the language of the resolution and concerns from the business community. The item was not agendized again for consideration.
City Council again considered adopting a PLA for the City of Fairfield Intermodal Station Project in September 2014. Staff negotiated the PLA with NapaSolano Building Trades Council, and the scope of the PLA was solely for the construction of the Intermodal Station. The City of Fairfield has not entered into another PLA since 2014.
Reviewing the Capital Improvement Plan (CIP) projects since 2017, the City has awarded 63 projects, of which 22 had an award value over $750,000. Of the 22 contracts identified, the award amount ranged from $758,118 to $7,416,861. Looking ahead to upcoming CIP projects, the City currently has approximately $82 million of outstanding unfunded capital and maintenance projects over the next five years, the most prominent being in streets and public buildings. Notable planned facilities include Fire Station 36, Fire Station 39, and the Police Department Expansion. Should Council decide to implement a resolution requiring a PLA for construction projects above a specific estimated construction cost, staff will need to reevaluate these project budgets in anticipation of potential increased labor costs.
Next Steps
Staff seeks direction from the City Council on the interest of pursuing a resolution requiring PLAs for City construction over a certain dollar amount. Should City Council have an interest in creating such a policy, staff recommends City Council set clear goals and principles for a PLA policy and that outreach to the building community be conducted prior to the adoption of a PLA resolution.
FINANCIAL IMPACT
The financial impact of adopting a PLA Resolution is undetermined and based on the specific factors of upcoming projects. However, the research suggests that PLAs can increase the cost of construction by 15%, or more, and will have indirect administrative costs for oversight and enforcement.
PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION
N/A
ALTERNATIVE ACTION
N/A
Packet Page 334 of 338
Agenda Item No: 21.AGENDA REPORTDATE:May 3, 2022 TO:Mayor and City CouncilFROM:David Gassaway, Interim City ManagerSUBJECT:Discussion Regarding Project Labor Agreements for CityOwned Capital ImprovementProjectsRECOMMENDED ACTIONReceive report, open discussion, and provide direction to staff.STATEMENT OF ISSUEThe City of Fairfield received a request to consider implementing a project labor agreement (PLA) forfuture construction projects exceeding $750,000. A PLA is a prehire collective bargaining agreementwith one or more labor organizations that establishes the terms and conditions of employment for aspecific construction project.DISCUSSIONCouncilmember Timm and ViceMayor Vaccaro have received requests for the council to consider theimplementation a project labor agreement (PLA) for future construction projects exceeding $750,000. APLA is a prehire collective bargaining agreement with one or more labor organizations that establishesthe terms and conditions of employment for a specific construction project.PLAs date back to the 1930s, when the federal government constructed extensive public works projectsand skilled labor was difficult to find. Examples of early projects that had PLAs include the Shasta Damand the Hoover Dam. During this period, PLAs were vital to preventing work stoppages and ensuringthe timely completion of large and complex projects. Work stoppages are far less frequent in today’spublic sector construction environment. Instead, PLAs today are used to govern hiring practices, ensurebenefits for construction workers, and proscribe grievance and arbitration procedures, among otherprovisions. Most recently, President Biden signed executive order 14063, Use of Project LaborAgreements for Federal Construction Projects, which mandates PLAs on federal construction projectsof $35 million or more in value. The Biden Administration notes the difficulties of efficient and timelyprocurement in the Federal Government as a reason for implementing PLAs for largescale federalconstruction projects. The California Public Contract Code allows a public entity to require PLAs only if the agreementincludes all of the following taxpayer protection provisions:1. The agreement prohibits discrimination based on race, national origin, religion, sex, sexualorientation, political affiliation, or membership in a labor organization in hiring and dispatchingworkers for the project.2. The agreement permits all qualified contractors and subcontractors to bid for and be awardedwork on the project without regard to whether they are otherwise parties to collective bargainingagreements.3. The agreement contains an agreedupon protocol concerning drug testing for workers who will beemployed on the project.4. The agreement contains guarantees against work stoppages, strikes, lockouts, and similar disruptionsof the project.5. The agreement provides that disputes arising from the agreement shall be resolved by a neutralarbitrator.In addition to the legal requirements outlined above, PLAs can also include conditions such as:1. Establish standard work rules, prevailing wage, hours, and fringe benefits payment.2. Promote workforce development through establishing local hiring and disadvantaged workeremployment opportunities.3. Requirement for a contractor to hire exclusively from union hiring halls provided that the unioncontrolling this employee referral system may not discriminate based on a worker’s union or nonunion status.4. A requirement that new employees, within a certain period of time, pay dues to the union forrepresenting their interests before the contract.5. Provisions related to management’s rights.6. Grievance procedures, wages, hours, and working conditions and schedules, including whetherwork will take place on weekends and holidays.The PLA cannot preclude nonunion contractors from bidding on the construction project; however, theterms of the PLA apply to both union and nonunion contractors equally. The use and impacts of PLAsare heavily debated; prominent areas of disagreement include whether PLAs affect construction costs.Support for PLAsProponents of PLAs highlight that using a project labor agreement provides longterm project stabilitydue to labor dispute conditions included in the agreement. Standardized work conditions and practicescould lead to cost savings and do not limit contractors since both union and nonunion bids areaccepted. PLAs create a “level playing field” for labor costs for both union and nonunion contractors,and PLAs can also include diversity and workforce employment hiring goals for disadvantagedcommunities. Opposition for PLAsOpponents critique that PLAs reduce economic competition and raise costs by mandating union wagesand benefits that constrain the number of bids on a project. While PLAs do not preclude nonunioncontractors from bidding on construction projects, they can authorize the unions to negotiate the wagesand work rules under which a contractor must operate. This potentially decreases the number ofinterested contractors willing to bid on a project resulting in less competition and leading to higher bidsoverall.Union Membership in the Construction IndustryHistorically, there has been a decline in union membership in America. The Bureau of Labor Staticsreports in 2021, 13.6% of individuals employed in construction were union members, which is higherthan the overall union membership rate of 10.3%. Given the low participation rate in unions, PLAs whichrequire union participation or contribution to union dues and health care can raise concerns for thosenot interested in participating in a union.Despite low participation rates in unions, individuals who participate in unions consistently have higheraverage earnings than nonunion workers. Part of this difference is due to union coverage, and part isthat the two groups of workers are different in terms of their age, experience, educational attainment,and the industries in which they work. The US Bureau of Labor Statistics provides wage comparisonnationally for the construction industry, comparing median weekly earnings for union vs. nonunionworkers. Median Weekly Earnings201820192020 2021Union Member $1,220 $1,257 $1,254 $1,344NonUnion $819 $868 $920 $922Difference$401 $389 $334 $422Data for California construction industry wages comparing union and nonunion data was notaccessible at the time of publishing this staff report. However, California law mandates prevailingwages for all workers employed on public works projects. Prevailing wages are based on the standardunion package but not necessarily their MOU, which creates the discrepancy in pay between the twogroups. Equity and Workforce Development Through PLAsPLAs often include targeted hiring provisions such as a local hire policy or workforce developmentrequirements for local disenfranchised communities. Through apprenticeship programs and onthejobtraining, careers in construction have a low barrier to entry; in 2020, 56.4% of construction industryworkers had not attended college. While there is a low barrier to entry, the construction industry remainsa maledominated field, with only one in ten construction workers being a woman. However, race andethnicity within the construction industry have become more diverse. In 2020, 30% of constructionworkers were Hispanic, 5.1% were Black, and 1.8% were Asian. While diversity is increasing, the unionparticipation rate was higher among nonHispanic Whites (15.2%) and nonHispanic Blacks (12.7%)than among Hispanic (8.7%) and nonHispanic Asians (7.6%).Financial Impact of PLAsMost research surrounding the financial impact of PLAs and whether the implementation of a PLAincreases the costs of a construction project concludes that there is an increase in overall constructioncosts. However, it is difficult to find realworld settings where conditions allow for a direct comparison ofthe outcomes of PLA and nonPLA projects. Even when adjusting for inflation throughout the period ofstudy, factors such as construction location, size, and scope of work vary and influence the final cost of aproject. Below is a summary of studies published examining the PLA impact on construction costs.Research Institute Scope of Study PLA Cost ImpactThe Beacon HillInstitute Public school construction (95schools) in Connecticut between2001 2019 PLAs increased costs by19.84%New JerseyDepartment of Laborand WorkforceDevelopment Public school construction (75schools) in New Jersey between20022008 PLAs increased costs by30.5%The Beacon HillInstitute Public school construction (107schools) in New Jersey between2002 2018 PLAs increased costs by16.25%UC Berkeley LaborCenter California community collegeprojects (88 PLAs and 175 nonPLAs) between 20072016 PLAs had no impact onconstruction costsUC Berkeley LaborCenter College of Marin construction of 7new buildings (3 under PLAs and4 nonPLAs) between 20082015 PLAs had no impact onconstruction costsRAND Corporation Los Angeles Prop HHH housingdevelopment (7,300 units)between 2017 2020 PLAs increased per unitcost by 14.5%The most recent research from the RAND Corporation has one of the most controlled environments forstudying the effect of PLAs on construction costs as it is constrained to a single metro area over arelatively short time period under a single PLA. Additional cost implications not included in the aboveresearch estimates are the administrative costs to oversee the PLA by the local governing authority. PLAs in FairfieldThe City Council previously considered adopting a resolution requiring PLAs in 2007 after a CouncilSubcommittee formed and worked with the building community and key staff to develop arecommended resolution. In February 2007, Council was going to consider the adoption of a resolutionwith the following requirements:1. The City of Fairfield shall negotiate and execute a Project Labor Agreement with the NapaSolanoCounty Building and Construction Trades Council covering all construction work for all constructionprojects in excess of Ten Million dollars ($10,000,000), including those projects delivered through theDesignBuild project method as set forth in Public Contract Code section 20175.2.2. For any Capital Improvement Project involving new construction undertaken by the City with atotal estimated construction cost between One Million dollars ($1,000,000) and Ten Million dollars($10,000,000), the City staff shall, prior to the issuance of solicitation for bids, conduct an analysisas to whether it is in the best interest of the City to direct that a Project Labor Agreement benegotiated and executed for the construction project in question. In conducting its analysis, theCity staff shall consider, among other factors, the Project’s budget, schedule, scope andcomplexity of trades required, and shall consult with the NapaSolano Building and ConstructionTrades Council for input on issues dealing with craft workers availability, local constructionapprenticeship programs, local hire issues, and other issues related to labor relations on theProject.3. The City shall not require the execution of a PLA where such requirement is prohibited by law.The item was pulled from the agenda prior to consideration due to questions staff and the communityhad around the language of the resolution and concerns from the business community. The item was notagendized again for consideration.City Council again considered adopting a PLA for the City of Fairfield Intermodal Station Project inSeptember 2014. Staff negotiated the PLA with NapaSolano Building Trades Council, and the scopeof the PLA was solely for the construction of the Intermodal Station. The City of Fairfield has not enteredinto another PLA since 2014.Reviewing the Capital Improvement Plan (CIP) projects since 2017, the City has awarded 63 projects,of which 22 had an award value over $750,000. Of the 22 contracts identified, the award amountranged from $758,118 to $7,416,861. Looking ahead to upcoming CIP projects, the City currently hasapproximately $82 million of outstanding unfunded capital and maintenance projects over the next fiveyears, the most prominent being in streets and public buildings. Notable planned facilities include FireStation 36, Fire Station 39, and the Police Department Expansion. Should Council decide to implementa resolution requiring a PLA for construction projects above a specific estimated construction cost, staffwill need to reevaluate these project budgets in anticipation of potential increased labor costs. Next StepsStaff seeks direction from the City Council on the interest of pursuing a resolution requiring PLAs forCity construction over a certain dollar amount. Should City Council have an interest in creating such apolicy, staff recommends City Council set clear goals and principles for a PLA policy and that outreachto the building community be conducted prior to the adoption of a PLA resolution.FINANCIAL IMPACTThe financial impact of adopting a PLA Resolution is undetermined and based on the specific factors ofupcoming projects. However, the research suggests that PLAs can increase the cost of construction by15%, or more, and will have indirect administrative costs for oversight and enforcement. PUBLIC CONTACT/ADVISORY BODY RECOMMENDATIONN/A ALTERNATIVE ACTION
N/A
STAFF CONTACT
Anna Guiles, Assistant to the City Manager
(707) 4287399
[email protected]
COORDINATED WITH
Public Works Department
ATTACHMENTS:
Description
Proposed PLA Ordinance Submitted for Consideration
REVIEWERS:
Reviewer Action Date
Alexander, Amber Approved 4/25/2022 6:47 PM
Alexander, Amber Approved 4/25/2022 6:47 PM
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