CITY OF FAIRFIELD
&
FAIRFIELD POLICE
OFFICERS’
ASSOCIATION
July 01, 2022 2025 - June 30, 20252027
MEMORANDUM OF UNDERSTANDING
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TABLE OF CONTENTS
ARTICLE 1. RECOGNITION ........................................................................................................ 4 ARTICLE 2. MOU CONTROLLING .............................................................................................. 4 ARTICLE 3. NO DISCRIMINATION ............................................................................................. 4 ARTICLE 4. DUES CHECKOFF ..................................................................................................... 4 ARTICLE 5. EMPLOYEE AND ASSOCIATION RIGHTS .................................................................. 4 A. Employee Rights ..................................................................................................... 4 B. Association Rights ................................................................................................... 5 ARTICLE 6. MANAGEMENT RIGHTS .......................................................................................... 7 ARTICLE 7. COMPENSATION/WAGES ....................................................................................... 8 A. Wage Increase ......................................................................................................... 8 B. Proficient Officers Incentive Pay .......................................................................... 8 C. Education Incentive Pays ....................................................................................... 8 D. Off-Duty Canine Work ............................................................................................ 9 E. Bilingual Pay .......................................................................................................... 10 F. Overtime ................................................................................................................ 10 G. Longevity Pay ........................................................................................................ 13 H. Field Training Officer Incentive........................................................................... 13 I. Field Training Officer Night Shift Incentive ....................................................... 13 J. Salary Range and Incentives Restructuring....................................................... 14 ARTICLE 8. PROBATIONARY PERIOD AND MERIT INCREASES ................................................ 15 A. Beginning Step and Merit Increases .................................................................. 15 B. Promotion, Rejection During Secondary Probation, and Flexible Staffing ... 15 C. Hiring and Promotions ......................................................................................... 16 ARTICLE 9. WORK HOURS....................................................................................................... 16 A. Fixed Schedule ...................................................................................................... 16 B. Changes in Fixed Schedule .................................................................................. 17 C. Seniority List .......................................................................................................... 17 D. Flexible Schedule .................................................................................................. 18 E. Rest Periods ........................................................................................................... 19 F. Breaks ..................................................................................................................... 19 ARTICLE 10. LIGHT DUTY .......................................................................................................... 20 Return to Table of Contents 2
ARTICLE 11. LEAVE/TIME OFF .................................................................................................. 20 A. Holiday Conversion Premium ............................................................................. 20 B. Floating Holiday .................................................................................................... 22 C. Vacation ................................................................................................................. 22 D. Sick Leave ............................................................................................................... 23 E. Bereavement Leave .............................................................................................. 25 F. Personal Leave ...................................................................................................... 25 ARTICLE 12. HEALTH, LIFE INSURANCE, AND OTHER BENEFITS ................................................ 26 A. Medical and Dental Insurance ............................................................................ 26 B. Unreimbursed Medical Expenses and Childcare Expenses ............................ 29 C. Retiree Medical Program..................................................................................... 29 D. Vision Care ............................................................................................................. 29 E. Life Insurance ........................................................................................................ 30 F. Funeral Benefit ..................................................................................................... 30 G. Short Term Disability (STD) ................................................................................. 30 H. Long Term Disability (LTD) .................................................................................. 30 I. Retirement Savings .............................................................................................. 31 ARTICLE 13. UNIFORM ALLOWANCE, UNIFORM AND SAFETY EQUIPMENT ISSUANCE ........... 32 A. Uniform Allowance ............................................................................................... 32 B. Uniform Issuance .................................................................................................. 32 C. Safety Equipment Issuance ................................................................................. 33 D. Ballistic Vest .......................................................................................................... 33 E. Safety Equipment Vesting ................................................................................... 33 ARTICLE 14. TUITION REIMBURSEMENT .................................................................................. 34 ARTICLE 15. POST TRAININGS MEAL REIMBURSEMENTS ........................................................ 34 ARTICLE 16. RETIREMENT/PERS ............................................................................................... 34 A. Retirement Benefits ............................................................................................. 34 B. Employee PERS Contribution .............................................................................. 35 ARTICLE 17. EMPLOYEE ASSISTANCE PROGRAM (EAP) ........................................................... 35 ARTICLE 18. INTERNAL AFFAIRS PANEL .................................................................................... 35 ARTICLE 19. GRIEVANCE PROCEDURE ....................................................................................... 36 ARTICLE 20. DISCIPLINE PROCEDURE ........................................................................................ 37 A. Written Reprimand .............................................................................................. 37 Return to Table of Contents 3
B. Suspensions, Demotions, and Terminations .................................................... 39 C. Documented Oral Counseling ............................................................................. 39 D. Internal Affairs Retention .................................................................................... 40 E. Removal of Eligible Documents from Personnel Files ..................................... 40 ARTICLE 21. NO STRIKE ............................................................................................................ 40 ARTICLE 22. LAYOFF ................................................................................................................. 41 A. Policy ...................................................................................................................... 41 B. Definition ............................................................................................................... 41 C. Notice of Layoff ..................................................................................................... 41 D. Order of Layoff ...................................................................................................... 41 E. Layoff Procedure .................................................................................................. 41 F. Rehire List .............................................................................................................. 42 G. Miscellaneous ....................................................................................................... 43 ARTICLE 23. RESIDENCY REQUIREMENT .................................................................................. 43 ARTICLE 24. DRUG AND ALCOHOL TESTING ............................................................................ 43 ARTICLE 25. CALL OUT LISTS .................................................................................................... 43 ARTICLE 26. SEPARABILITY ....................................................................................................... 43 ARTICLE 27. MAINTENANCE OF MEMBERSHIP ........................................................................ 43 ARTICLE 28. ISSUES OF MUTUAL CONCERN ............................................................................ 44 ARTICLE 29. CONTINUANCE OF LABOR AND MANAGEMENT MEETINGS ................................ 44 ARTICLE 30. CONCLUSIONS OF AGREEMENT ........................................................................... 44 SIGNATURE PAGE FOR MEMORANDUM OF UNDERSTANDING ................................................... 45 APPENDIX 1 ............................................................................................................................... 46
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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, 2022 2025 through June 30, 20252027, 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. 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 Return to Table of Contents 6
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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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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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
There will be no cost-of-living adjustments during the term of this Agreement.
In lieu of a negotiated salary, each employee in the POA bargaining unit at the time of adoption of this agreement will receive an off-salary-schedule pay equal to 3% of their base wage, excluding premiums and incentives. This will be paid in a single lump-sum payment the second full pay period following adoption of this Agreement and reportable as special compensation to CalPERS for Classic members.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.
B. Proficient Officers Incentive Pay
Once the 9 step wage range has collapsed to 5 steps wage range, eEmployees who are at step 5 plus of the pay range, have completed one year of service with the City of Fairfield, and pass the Proficient Officers examination will be eligible to test for and receive a 5% Proficient Officer pay incentiveat 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, however, that the Chief of Police may require additional recertification in the event an officer's overall pe rformance is not rated at least standard or better.
C. Education Incentive Pays
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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
The following provisions apply to the department’s Patrol Canine and Wellness Support Canine programs.
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, 3.5 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 earn three and a half (3.5) hours of compensable working time attributed to canine care at their regular hourly rate of pay per week or seven (7) hours per pay period.
3. Dog Food Reimbursement
Dog food is coordinated through, and directly paid for, by the department’s Patrol Canine and Wellness Support Canine programs.The Police Department will reimburse canine officers for dog food up to a maximum of $100.00 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 Return to Table of Contents 10
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.
D.E. Bilingual Pay
Each employee who meets the City's certification and eligibility requirements shall be compensated an additional $62.50 per pay period, beginning the pay period following testing and certification. The City will choose the languages qualifying for bilingual pay.
E.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
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 Return to Table of Contents 11
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 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
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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 em ployee'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 rece ive 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 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 Return to Table of Contents 13
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.
F.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 fr om another law enforcement agency. The longevity increase shall be as follows:
9 years - 2.5%
12 years – 5%
15 years – 7.5%
G.H. Field Training Officer PayIncentive
Employees in this unit who are designated as Field Training Officers or certified Motor Training Officers, shall receive a 5.0% increase incentive 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 the FTO Compensation incentive for the duration of their assignment to an officer o r for the pay period for which they may be temporarily assigned an officer.
I. Field Training Officer Night Shift Incentive
A set number of FTOs who sign up for night shifts voluntarily will receive an incentive pay of 5% of their base salary for the duration of the time that they work night shift, even when not assigned a traine e.
The basics of the incentive program are as follows:
At the time of shift bidding, and every six months as per the department’s current practice, FTOs will bid for shifts by their department seniority, as they do now.
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The first two (2) FTOs to sign up for each night shift (t wo on Night Team 1 and two on Night Team 2) will receive the 5% incentive pay. If any other FTOs select a night shift after there are already two on the shift, the third FTO will not receive the incentive pay, but will continue to receive FTO pay if they are assigned a trainee.
FTOs receiving the FTO incentive pay will be preferentially assigned trainees on their shifts, and additional FTOs on that shift would only be utilized due to an absence, such as vacation or sick leave of an FTO that is receiving the incentive or if the number of trainees required the assignment of an additional FTO.
Additional FTOs will be paid pursuant to Article 7, Section H (Field Training Officer Incentive) of the MOU.
When an FTO receiving the incentive pay voluntarily decides t o leave night shift, their incentive pay will cease, regardless of how long they have been receiving it. There is no perpetual, ongoing right to incentive pay after leaving the night shift.
In the event that an FTO who is currently receiving the incentive is assigned to light duty or takes a leave of absence, whether paid or unpaid, for a duration exceeding 60 days, their eligibility for the incentive will be suspended until their return.
If an FTO has been separated from the Department or has retired, the next FTO assignment shall go to the next FTO with the highest seniority.
It is recognized that, should no FTOs voluntarily sign up for night shift, no inc entive pay will be paid out, and current FTOs will be assigned to train new officers on night shift under a temporary duty assignment schedule change, following the guidelines of the MOU between the City of Fairfield and the Fairfield Police Officers’ Association. This same guideline will be applied to swing shift, if no FTOs sign up for swing shift durin g shift bidding.
J. Salary Range and Incentives Restructuring
Effective the first full pay period after the adoption of this Agreement, the City and Association agree to restructure the existing 12-step salary range and Officer A-H classifications to a single Police Officer classification with a 5-step salary range. This restructuring will decouple the following incentives from base hourly wages:
POST Intermediate certificate
POST Advanced certificate
Associates Degree
Bachelor’s Degree
Proficient Officer
Longevity
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Once decoupled from the base hourly wages, employees shall receive the applicable incentives for which they qualify as separate premiums, to be listed as separate line items on earnings statements. Incentives will not be compounded.
The City will apply a 1.393% equity adjustment to the base Police Officer salary range, effective the first full pay period after the adoption of this Agreement.
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 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 perio d 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.
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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 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. 4 days work/3 days off
10 hours per work day
2. 3 days work/4 days off // 4 days work/3 days off one additional day off to be Return to Table of Contents 17
assigned per 28-day FLSA work
12.31 hours per work day
NOTE: On schedule 2 listed above, work days indicated are not exact and would be adjusted to total 160 hours per 28 day FLSA work period.
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. Seniority List
The department shall maintain a seniority listing for all Police Officer personnel below the rank of Sergeant hired, rehired or reinstated.
For employees hired on or after the date of ratification of this agreement, Wwhen 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. Lateral Police Officers;
2. Existing Fairfield Police Department employees, including employees originally hired as Police Officer Trainee.
3. Lateral Police Officers;
4. Academy Graduates who do not have prior service with the Fairfield Police Department
Employees hired before the date of ratification of this agreement will maintain their existing placement on the seniority list.
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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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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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 tha t absence with the on duty supervisor.
4. If an employee is assigned a flex schedule and is called in prior to the beginning of his/her shift, he/she shall have up to seven hours rest prior to the start of his/her next shift. The City shall pay up to seven hours for the rest period so employees do not have to use their leave banks to cover the hours. However, if an employee wants to request more time -off than seven hours, he/she will need to follow the current time off request protocol of the departmen t
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.
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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:
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 Conversion Premium
The City recognizes the following 14 holidays for the Association:
New Year’s Day Indigenous Peoples’ Day/Columbus Day
Martin Luther King, J r. Day Veterans Day
Presidents Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Juneteenth Christmas Eve
Independence Day Christmas Day
Labor Day New Year’s Eve
Employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays shall receive additional compensation, over and above the employee’s rate of pay. The additional compensation is calculated as a percentage of base wage, excluding any other premiums or incentives.
Beginning with the first full pay period after adoption of this Agreement, employees will receive a holiday conversion premium of 5.38%, based on the below calculation:
14 holidays @ 8 hours per holiday = 112 hours
112 hours / 2080 hours annually = 5.38%
Beginning with the first full pay period following City Council adoption of this Agreement, employees will no longer receive Holiday -in-Lieu or Vacation -in-Lieu Return to Table of Contents 21
(“HIL/VIL”) accruals as described in the predecessor MOU. HIL/VIL hours will be converted to a cash value that includes the Holiday Conversion Premium and set aside based on the following calculation:
Combined total # of hours in HIL/VIL banks x employee’ s base wage increased by
5.38% Holiday Conversion Premium
Example:
An officer has 25 hours HIL and 75 hours VIL for a combined total of 100 hours HIL/VIL
Their base wage at step 4 is $57.2724
The Holiday Conversion Premium is 5.38%
100 x $57.2724 = $5,727 .24
$5,727.24 x 5.38% = $308.13
$5,727.24 + $308.13 = $6,035.37
This employee’s HIL/VIL bank will be frozen at a cash value of $6,03 5.37
Employees will have five (5) years from the date of adoption of this Agreement to exhaust the calculated cash value using one of the following options:
1. Employees may elect one of the following options for receiving the cash value of these hours:
a. Receive a cash payout either in a single payment or up to five (5) annual installments.
b. Transfer the balance into the employee’s deferred compensation account (457 plan), subject to IRS limits and plan Administrator approval, either in a single payment or up to five (5) annual installments.
c. Transfer the balance into the employee’s Retirement Health Savings account, subjec t to IRS limits and plan Administrator approval. d. Any combination of the above .
Note: cash payouts will not be reportable to CalPERS as compensation.
2. Employees may use the converted cash value of their HIL/VIL bank to cover approved time off. When used as t ime off, the dollar amount equivalent to the employee’s scheduled hours not worked (calculated at the hourly rate the employee would have received for those hours) will be deducted from the converted cash value of the bank. The HIL/VIL bank will be exhaust ed when the remaining cash balance reaches zero, regardless of the number of hours initially credited or used.
3. Any combination of the above.
Any remaining balance at the end of this time will be immediately paid out in a single lump-sum payment. The emplo yee must elect one of the following options for disbursement:
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1. Paid out in cash
2. Transferred to the employee’s deferred compensation account (457 plan), subject to IRS limits and plan Administrator approval.
3. Transferred to the employee’s Retirement Health Savings account, subject to IRS limits and plan Administrator’s approval.
If the employee fails to elect one of the above options, the remaining balance will be paid out to them in cash.
Holiday credit shall be accrued on the following basis:
In Lieu Holidays 9 days/year 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:
Employees hired or promoted into FPOA prior to the adoption of this Agreement Years of Service Accrual Rate
Date of hire through year 3 3.08 hours per pay period
Beginning of year 4 through 10 4.62 hours per pay period Beginning of year 11 through 15 6.16 hours per pay period Beginning of year 16 through 20 7.07 hours per pay period Beginning of year 21 and over 7.69 hours per pay period
Employees hired or promoted into FPOA on or after the adoption of this Agreement Years of Service Accrual Rate
Date of hire through year 3 2.7680 hours per pay period Beginning of year 4 through 10 4.3040 hours per pay period Beginning of year 11 through 15 5.8480 hours per pay period Beginning of year 16 through 20 6.7680 hours per pay period Beginning of year 21 and over 7.3840 hours per pay period
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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 through 15 6.16 hours per pay period (20 days per year)
Beginning of year 16 through 20 7.07 hours per pay period (23 days per year)
Beginning of year 21 and over 7.69 hours per pay period (25 days per year) The maximum vacation hours that may be accrued is two (2) times the employee's annual accrual rate.
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.
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 supervisor in advance of the appointment.
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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 75100% 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.
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
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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
The Police Chief may grant employees up to a maximum of five (5) Leave of absence with pay up to ten (10) days may be authorized for an employee solely by the Police Chiefof bereavement leave 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:
motherParent, /motherparent-in-law, /step-motherparent/foster parent, father, father-in-law, step-father,
sSpouse, /domestic partner,
Childson, daughter, /step child, /child for whom the employee is legal guardian brother, sister, Sibling
Ggrandparent
, Ggrandchild, foster parent, or a child for whom the employee is legal guardian.
Per Administrative Policy 200.23 “Bereavement” the City Manager may grant City employees an additional five (5) days of bereavement leave for a total of ten (10) days.
All bereavement leave requests in excess of five (5) days must be approved by the City Manager.
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.
City employees eligible for bereavement leave include those who have been employed for at least 30 days prior to taking leave.
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.
Bereavement leave shall be completed within three (3) months of the event of death or serious traumatic injury or illness and need not be taken consecutively.
F. Personal Leave
Beginning with the first full pay period after adoption of this Agreement, employees will no longer accrue personal leave hours.
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Personal leave hours will be converted to a cash value at 100% of the employee’s hourly rate. For the purpose of this calculation, the “hourly rate” will be the corresponding rate from the salary schedule in effect as of June 30, 2025, based on the employee’s classification and salary step at the time of adoption of this Agreement. Employees may then elect one of the following options:
1. Employees may elect one of the following options for receiving the cash value of these hours:
a. Receive a cash payout either in a single payment or over multiple years. b. Transfer the balance into the employee’s deferred compensation account (457 plan), subject to IRS limits and plan Administrator approval, either in a single payment or over multiple years.
c. Transfer the balance into the employee’s Retirement Health Savings account, subject to IRS limits and plan Administrator approval. d. Any combination of the above.
Note: cash payouts received will not be reportable to CalPERS as compensation.
2. Employees may use the converted cash value of their personal leave bank to cover approved time off. When used as time off, the dollar amount equivalent to the employee’s scheduled hours not worked (calculated at the hourly rate the employee would have received for those hours) will be deducted from the converted cash value of the bank. The personal leave bank will be exhausted when the remaining cash balance reaches zero, regardless of the number of hours initially credited or used.
3. Any combination of the above.
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.
ARTICLE 12. HEALTH, LIFE INSURANCE, AND OTHER BENEFITS A. Medical and Dental Insurance
Full-time eEmployees are eligible for health and dental coverage beginning the first day, of the first month, after date of hire.
Effective the first full pay period in July 1, 2020, the City contribution to the medica l 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.
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Effective the first full pay period of January 2023, tThe City’s contribution to the medical insurance premium for the 2023 benefit plan year will increase, if any, will be adjusted annually based on by 50% of the difference in premium between the 2021- 2022 plan years and the 2023 rate for Kaiser $35 copay plan.
The City will base the increase to its contribution to dental insurance by 50% of the any increase of in the premium, calculated as half of the difference between the previous plan year’s rate and the new rate for the Delta Ddental HMO plan.
If, during the term of the Agreement, Kaiser no longer offers the medical plan described and/or the 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, and the Dental Health Maintenance Organization (DHMO) plan with the lowest premium. The City’s contribution will be the amount the City was contributing toward the discontinued plan a t the time it was removed, not to exceed the total premium cost of the lowest-cost available plan.
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.
Health Insurance Opt-Out
Employees may qualify to receive up to $518 in taxable income by choosing to opt-out of the City-provided medical and/or dental coverage, providing provided proof of other coverage may drop health/dental coverage and receive taxable income, of $518 per month subject to that they meet 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 eEmployees opting-out of City health coverage for themselves must certify that the employee, and all individuals in the employee’s tax family for whom coverage is waived, must certify that they have alternative Minimum Essential Coverage (MEC) as defined by the Patient Protection and Affordable Care Act (ACA) through a provider other than a Federal marketplace, a State exchange, or an individual policyby signing an attestation form.
2. Every year, Dduring the City’s annual open enrollment period, the employees must recertify that they and all applicable tax family members 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 by completing a written attestation form.
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3. The eEmployees understand that the City is legally required to immediately stop conditional opt-out payments and enroll them into the City’s most cost efficient health plan if it is determined that they or any covered tax family members do not have the alternative MEC, or if they fail to recertify annually by providing a complete written attestation form during open enrollment.
4. Employees agrees to notify the City no later thanwithin 30 days if they or any employee or other member(s) of their employee’s tax family lose coverage under the alternative Minimum Essential Coverage Plan. Additionally, the employee understands that they will be responsible for repaying any opt-out payments received while they or their family members were not covered under an alternative MEC plan.
For the purpose of medical cash back, “other coverage” is defined as active health and/or dental insurance that is not funded or provided by the City of Fairfield and must be obtained through a provider other than a Federal marketplace, a State exchange, or an individual policy. Coverage under any City-funded health or dental plan does not qualify as “other coverage,” including cases where a City employee is enrolled in a health or dental plan through a parent, spouse, or domestic partner who is also a City employee. Employees in such situations are not eligible for medical cash back.
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.
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.
2. 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.
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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. Unreimbursed Medical Expenses and Childcare Expenses Employees have the option to set aside pre -tax dollars for reimbursement of eligible medical and dependent care expenses. Allocation amounts must be determined within 30 days of date of hire and at every open enrollment for the following plan period.
These funds can only be used for IRS -approved medical and/or dependent care expenses incurred during the plan period and any unused allocation will be lost.
B.C. 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 r etirement to elect retiree coverage. Retirees may be enrolled in either the health , or dental, or vision plans, or bothany combination thereof .
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/hertheir own cost under COBRA regulations only, subject to plan restrictions and conditions.
For all retirees, once health , and dental, and/or vision coverage is terminated, it cannot be later reinstated.
C.D. Vision Care
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 Cit y 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 submitte d for reimbursement. Employees Return to Table of Contents 30
are eligible for vision coverage, beginning the first day of the month after the date of hire.
The City will pay the premium for basic vision coverage, unless negotiated otherwise by the City’s insurance broker.
The City will not contribute toward the cost of any plan other than those specifically sponsored by the City.
D.E. Life Insurance
For basic life insurance, employees covered by this MOU will be eligible the first day of the month after date of hire. The City shall provide life and accidental death/dismemberment insurance. The City shall pay in full an amount equal tolimitations shall be 1.5 times the annual salary of the officer rounded up to the next $1,000 for a Life and Accidental Death/Dismemberment insurance policy up to $150,000.
For additional life insurance, employees covered by this MOU may be able to purchase supplemental life insurance coverage equal to six (6) times their annual salary up to $500,000, subject to carrier approval. Health questionnaires may be required for the purchase of Supplemental Life Insurance.
E.F. 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.G. 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.H. 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 Return to Table of Contents 31
to 60% of salary, subject to the benefit maximum. The City reserves the right to change insurers at its sole discretion.
H.I. 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 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 pay (9 years) based on years of consecutive service with the City of Fairfield. Lateral employees qualify for this benefit when they Return to Table of Contents 32
qualify for longevity pay under Section 7.G. Total contributions are limited to the amount specified by the IRS.
The City’s and employees’ contribution shall each 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% of the total of base wage, education incentive pay, longevity pay, and proficiency pay.
Enrollment in the 401(a) plan is irrevocable.
ARTICLE 13. UNIFORM ALLOWANCE, UNIFORM AND SAFETY EQUIPMENT
ISSUANCE
A. Uniform Allowance
The uniform allowance is paid in the amount of $1,250 per year $48.08 per pay period.
The City shall pay an additional $14.23 per pay period uniform allowance to each motorcycle officer.
The uniform allowance shall be reported to CalPERS in accordance with CalPERS regulations.
Employees who are in a leave without pay (LWOP) status for a full pay period will not receive uniform allowance for that pay period.The City shall pay an additional $370 annual uniform allowance to each motorcycle officer. The uniform allowance will be paid on a prorated basis each pay period. The uniform allowance shall be reported to PERS as part of salary for Classic members.
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
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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 (duty weapon)
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
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
After seven (7) years of continuous service with the department as a sworn officer, and separation in good standing, an officer may keep all safety equipment issued in accordance with Article 13 subsection C as long as the member, after separating from the City, is able to lawfully possess the item(s) (e.g., nightstick/baton). Additionally, if more than one firearm as described in Article 13 subsection C(3) should be issued to an officer, only the primary duty weapon (i.e., uniform sidearm) will vest to the employee.
Should an employee wish to retain a secondary weapon instead (e.g., Glock 43), s/he may do so with the approval of the Chief of Police or their designee. Separation in good Return to Table of Contents 34
standing is defined as a voluntary resignation or retirement, and not in lieu of termination or possible
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 $6,000.
ARTICLE 15. POST TRAININGS MEAL REIMBURSEMENTS
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
A. Retirement Benefits
The City’s contract with the California Public Employee’s Retirement System (PERS) provides for the following retirement benefits:
1. Retirement benefits for Classic members 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. 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, 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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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 employ ee shall pay an additional 1. 0% of pensionable wage to fund the Classic employee contribution for a total of 1 1.25%.
Employees determined to be “new” members by CalPERS pursuant to PEPRA shall contribute one half of the normal cost of the benefits, as d etermined 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 Return to Table of Contents 36
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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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 whic h 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.
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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. 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 removed from the employee's personnel file and transferred to a “Senate Bill 16” compliant file for the sole purpose of retention of personnel records in accordance with applicable law.
Written Reprimands transferred to the separate file shall not be considered or referenced in any future review, evaluation, or action against the employee. This section is intended to include Written Reprimands dated prior to the start date of this agreement.
8. Storage of “Senate Bill 16” Files Once Removed from Employee Personnel Files:
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Once transferred from the employee’s personnel file, the documents shall be retained in accordance with applicable law. Access to the “Senate Bill 16” file is only allowed to comply with lawful Public Records Act requests (“PRA”) or other legally required review. A reasonable effort shall be made to notify an employee of a pending PRA release prior to the information being released.
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. 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.
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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.
Documented oral counseling memos shall not be retained more than twelve months in supervisors’ files.
D. Internal Affairs Retention
Internal Affairs Sustained findings: For the purposes of this section “Sustained findings” shall include partially sustained findings (Article 18). Any complaint exonerated or unfounded shall not be retained in the officer’s personnel file:
Any form of discipline which rises to a level higher than a written reprimand is ordinarily held within the officers personnel file not longer than five consecutive years from the date of its disposition. Upon the expiration of the five-year time lapse the investigative documents and disposition shall be removed from the employee’s personnel files. The documents shall be transferred to a “Senate Bill 16” compliant file for the sole purpose of retention of personnel records in accordance with applicable law. No negative document shall be held within the officers personnel file for longer than five consecutive years.
Any file transferred to the “Senate Bill 16” file shall not be considered or referenced in any future review, evaluation, or action against the employee.
E. Removal of Eligible Documents from Personnel Files
The removal of any eligible documents from a personnel file shall occur on a quarterly basis.
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 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 Return to Table of Contents 41
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 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 Return to Table of Contents 42
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
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
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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 s uch 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
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.
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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.
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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 Andrew Livermore
City Manager FPOA President
Date Date
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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 physici an 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 prescrib e 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 info rmation 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 rig idly 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 assignme nt 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.