186
b. All developed property not identified on the latest equalized assessor’s tax role but for which Certificate of Occupancies have been issued by the City should be notified and addressed as “Occupant.”
2. For a project that is located on real property that fronts an arterial street, the 1000- foot radius shall not include the width of the arterial street and shall begin on the opposite side of the street.
3. For a project that is located adjacent to freeway right-of-way, the 1000-foot radius shall not include the width of the freeway right-of-way and shall begin on the opposite side of the freeway right-of-way.
4. For a project that is located on property next to a mobile home park, notification via delivery or mail shall be provided to the occupants of each mobile home space that is located within the 1000 ft. radius in addition to the owner of the mobile home park.
5. For a project that is adjacent to a homeowners’ association, for which the names and addresses of officers of the homeowners’ association are on file with the City, all officers of said homeowners’ association shall be notified.
6. For a project that has regional significance, the Community Development Director shall provide notice to a significantly larger area as determined in his or her discretion.
7. For a project that is located within or adjacent to commercial or industrial centers, notice shall be provided to the property owner of the commercial or industrial center as well as to all commercial/industrial tenants located within the 1000-foot radius.
ENHANCED NOTICE OF ALL DEVELOPMENT PROJECTS
For any development project (public or private), notice of the project, along with a brief description of the project shall be provided as below:
In the electronic Fountain Valley Newsletter, at least 10 calendar days prior to the City Council or Planning Commission meeting at which the project will be discussed or acted upon.
On City social media sites, including Nextdoor, Twitter and Instagram. In City Manager’s or Mayor’s update messages if applicable. Summary of notices to be placed in City Council meeting agendas
ENHANCED NOTICE OF LARGER DEVELOPMENT PROJECTS
For any development project (public or private) that is proposed to be 5 stories or more, or 60 feet in height or above (as measured from the ground adjacent to the project) (see
187
FVMC 21.18.050), notice of any discussion or action before the City Council or Planning Commission shall be provided (as used herein, notice is considered provided on the day it is placed for pickup in the US Mail) at least 10 calendar days prior to the public meeting at which the project will be discussed or acted upon, as follows:
1. By advertisement on the Public Cable Television Authority; and
2. By posting the item on the City’s website; and
3. By postcard to all residential properties in the City.
This Policy supersedes the previous policy on Public Notification. ____________________________
City Clerk
(Date adopted: April 7, 2009.)
(Supersedes 03/21/1989.)
City Council Member
Patrick Harper’s
Policy Binder
City Council Member
Jim Cunneen’s
Policy Binder
City Council Member
Kim Constantine’s
Policy Binder
Vice Mayor
Ted Bui’s
Policy Binder
Mayor
Glenn Grandis’s
Policy Binder
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: July 16, 2024
Members of the City Council
SUBJECT: Adopt a Resolution Approving the Memorandum of Understanding for the Fountain Valley Police Management Unit related to wages, hours, terms and conditions of employment.
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing businesses/opportunities
☒ Attract and retain quality staff through best practices and trends ☐ Maintain, build, and modernize infrastructure to support growth and future needs of the City
☐ Not applicable
EXECUTIVE SUMMARY:
The current labor contract for the Fountain Valley Police Management Unit (hereinafter referred to as “POMU”) expired on June 30, 2024. The City and the POA, reached a tentative agreement prior to the expiration of the contract. Based on the City Council’s review of the long-term 20-year budgeting forecast provided by the Finance Department, the data detailed sufficient revenue to provide a labor compensation package and reasonable salary increases to this group. The Council is also well aware that the CALPERS Pension obligations of the City are a large liability and addressing the ongoing pension costs and pension debt are key priorities. The total projected financial impact for the threeyear labor compensation package for the POMU is $5,250,401.
DISCUSSION:
The City’s negotiating team met with representatives of the POMU and came to terms on a new three-year agreement prior to the expiration on 6/30/2024. The terms to be memorialized in the Memorandum of Understanding (hereinafter referred to as “MOUs”) relating to wages, hours, and conditions of employment. If adopted, the MOU would be effective beginning July 1, 2024 through June 30, 2027. The terms of the new POMU MOU (Exhibit 1) to include:
City Council Request
Adopt a Resolution and approving a MOU
July 16, 2024
1. Term:
3-year agreement, July 1, 2024-June 30, 2027
2. Base Salary Increases:
Base Salary Adjustment Effective Date Base Salary Adjustment Amount Pay Period Ending 7/5/2024 4%
Pay Period Ending 7/4/2025 4%
Pay Period Ending 7/3/2026 4%
3. Physical Fitness Program increase monthly stipend by $300/mo.
4. Agreed to cap sick leave conversion to service credit at a maximum of 2,000 hours at retirement (reduces CalPERS unfunded liability exposure).
FISCAL REVIEW:
The fiscal impact of the three-year package includes costs for employee compensation, benefits, and taxes. The table below shows the annual and total cost of the three-year package, as well as the annual and total percentage increase over the baseline cost for the three-year term.
Police Management (POMU) 2025 2026 2027 Total
3-Year Total Cost $1,685,261 $1,750,095 $1,815,045 $5,250,401 % Cost Increase over baseline cost 4.54% 3.59% 3.60% 12.38% Overall, the three-year POMU package is projected to cost $5,250,401 or an increase of 12.38% over baseline cost. The projected cost has been included in the proposed FY 2024-25 Annual Budget. Subsequent year costs for the POA package will be included in each individual fiscal year’s budget process.
City Council Request
Adopt a Resolution Approving a MOU
July 16, 2024
PUBLIC NOTIFICATION:
Not applicable.
ENVIRONMENTAL IMPACT REVIEW:
Not applicable.
ATTORNEY REVIEW:
The Attorney(s) for the City have reviewed and approved the Resolution and MOU.
ALTERNATIVES:
Alternative No.1: Adopt a Resolution approving the MOU for the Fountain Valley Police Management Unit related to wages, hours,
terms and conditions of employment.
Alternative No. 2: Do not adopt the Resolution approving the MOU.
RECOMMENDATION:
It is recommended the City Council approve the following:
1. Adopt a Resolution approving the MOU for the Fountain Valley Police Management Unit related to wages, hours, terms and conditions of employment.
Prepared by: Carrie Hanes, Human Resources Director
Reviewed by: Vanessa Lassooy, Attorney for the City
Fiscal Review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
City Council Request
Adopt a Resolution Approving a MOU
July 16, 2024
Attachment: 1. Resolution Approving the Memorandum of Understanding for the Fountain Valley Police Management Unit.
Exhibit: 1. Memorandum of Understanding with the Fountain Valley Police Management Unit.
- 1 -
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY APPROVING THE MEMORANDUM
OF UNDERSTANDING FOR THE FOUNTAIN VALLEY
POLICE MANAGEMENT UNIT RELATED TO WAGES,
HOURS, TERMS AND CONDITIONS OF EMPLOYMENT.
WHEREAS, the City Council of the City of Fountain Valley has established a basic compensation plan for City employees in all classifications of employment; and WHEREAS, representatives of the City Manager of the City of Fountain Valley and representatives of the bargaining group noted below periodically negotiate in good faith to reach agreement on benefits and compensation pursuant to Government Code Section 3500 et seq; and
Bargaining Group Name
Fountain Valley Police Management Unit
WHEREAS, the memorandum of understanding relating to wages, hours, and terms and conditions of employment are amended and include adjustments to the salary ranges, benefits, and terms and conditions of employment; and NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby resolve as follows:
SECTION 1. The Memoranda of Understandings establishing wages, hours, and terms and conditions of employment for the Fountain Valley Police Management Unit, attached with this resolution for the term beginning July 1, 2024, through June 30, 2027, is hereby approved and adopted:
- 2 -
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting on this 16th day of July 2024.
Glenn Grandis
Mayor
APPROVED AS TO FORM
Vanessa Lassooy
Attorneys for the City
Exhibit 1: Memorandum of Understanding 2024-27 Fountain Valley Police Management Unit
12282684.5 FO030-030
MEMORANDUM OF UNDERSTANDING
2024-2027
CITY OF FOUNTAIN VALLEY
AND
THE FOUNTAIN VALLEY PEACE
OFFICERS’ MANAGEMENT UNIT
This Memorandum of Understanding sets forth the terms of agreement reached between the City of Fountain Valley and the Fountain Valley Peace Officers’ Management Unit as the exclusively recognized employee organization for the Peace Officers’ Management Unit for the period beginning July 1, 2024 through June 30, 2027. Unless otherwise indicated herein, all provisions shall become effective following City Council approval of the MOU.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 2 TABLE OF CONTENTS
PAGE
NO.
PREAMBLE 5
ARTICLE 1 RECOGNITION 5
ARTICLE 2 WORK SCHEDULE 6
ARTICLE 3 PROBATIONARY PERIOD 6
Section 3.01 New Hires 6
Section 3.02 Promotions 6
ARTICLE 4 COMPENSATION 6
Section 4.01 Compensation 6
Section 4.02 Compensation for New Appointment 7
Section 4.03 Promotional Differential 7
Section 4.04 FLSA Exempt 7
Section 4.05 Management Performance Program 7
Section 4.06 Eligibility for Merit Increase 7
Section 4.07 Promotion Merit Increase 7
Section 4.08 New Hire Merit Increase 8
Section 4.09 P.O.S.T. Certificate Pay 8
Section 4.10 Physical Fitness Program (Wellness) 8
Section 4.11 City Vehicle or Allowance 8
Section 4.12 Retention Incentive Pay 8
Section 4.13 Bilingual Premium 9
ARTICLE 5 UNIFORM AND UNIFORM ALLOWANCE 10
Section 5.01 Equipment Provided 10
Section 5.02 Uniform Allowance 10
Section 5.03 Uniforms Damaged in the Line of Duty 10
ARTICLE 6 RETIREMENT 10
Section 6.01 Retirement Benefits 10
Section 6.02 Employees Hired July 31, 2010 or Earlier 11 Section 6.03 Employees Hired between August 1, 2010
through December 31, 2012
11 Section 6.04 New Members or New Employees Under
PEPRA
12 Section 6.05 Compensation Reportable to CalPERS 14
Section
6.06 Pre-Tax Employee Contributions 14
ARTICLE 7 HEALTH AND OTHER INSURANCE FOR
ACTIVE EMPLOYEES
14 Section 7.01 Overview 14
Section 7.02 CalPERS Medical 14
Section 7.03 Employees Defined 14
Section 7.04 Tier 1 Employees City Contribution 15
Section 7.05 Tier 2 Employees City Contribution 15
Section 7.06 Cafeteria Plan 16
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 3 Section 7.07 Term Life Insurance 17
Section 7.08 Long-Term Disability Insurance 17
Section 7.09 Flexible Spending 18
Section 7.10 Retiree Health Savings Account 19
ARTICLE 8 MEDICAL/DENTAL INSURANCE FOR
RETIREES
19 ARTICLE 9 LEAVES 25
Section 9.01 Holidays 25
Section 9.02 Holiday Pay Off 26
Section 9.03 Floating Holiday 26
Section 9.04 Vacation Accrual Rate 26
Section 9.05 Vacation Accrual Limitations 26
Section 9.06 Vacation Pay Off 26
Section 9.07 Administrative Leave 27
Section 9.08 Sick Leave Accrual Rate 27
Section 9.09 Sick Leave Usage 27
Section 9.10 Sick Leave Payoff 28
Section 9.11 Retirement Credit for Unused Sick Leave 28 Section 9.12 Bereavement Leave 29
ARTICLE 10 ILLEGAL/CONTROLLED SUBSTANCE
SCREENING
29 Section 10.01 Pre-Employment Substance Screening 29
Section 10.02 Definition 29
Section 10.03 Random, Reasonable Suspicion and PostAccident Drug and Alcohol Testing29 ARTICLE 11 PHYSICAL FITNESS/WELLNESS
PROGRAM
29 Section 11.01 Physical Fitness/Wellness Program 29
Section 11.02 Elements of the Physical Fitness/Wellness Program
29 Section 11.03 Physical Fitness Incentive Program 30
ARTICLE 12 GRIEVANCE PROCEDURE 30
Section 12.01 Subject Matter and Scope of Grievances 30 Section 12.02 Form 31
Section 12.03 Informal Discussion 31
Section 12.04 Formal Grievance Procedure 31
Section 12.05 Appeal to the City Manager 32
Section 12.06 Extension or Waiver of Time Limits 32
Section 12.07 Conduct of Grievance Procedure 32
Section 12.08 Interpretation of MOU 33
Section 12.09 Appeals of Testing and Selection Procedures 33 ARTICLE 13 APPEALS OF DISCIPLINARY ACTIONS 34
Section 13.01 General Provisions 34
Section 13.02 Appeal Procedures 34
Section 13.03 Appeal to the City Manager 35
ARTICLE 14 MANAGEMENT RIGHTS 36
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 4 ARTICLE 15 GENERAL PROVISIONS 37
Section 15.01 Maintenance of Benefits 37
Section 15.02 Severability 37
Section 15.03 Integration, Modification and Ratification 37 Section 15.04 Term 37
EXHIBIT 1 ESTABLISHED SALARY RANGES 39
EXHIBIT 2 PHYSICAL FITNESS/WELLNESS
PROGRAM
41
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 5 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY MANAGER
OF THE CITY OF FOUNTAIN VALLEY
AND
THE FOUNTAIN VALLEY PEACE OFFICERS’ MANAGEMENT UNIT
(2024-2027)
PREAMBLE
The City of Fountain Valley (“City”) and representatives of the Fountain Valley Peace Officers’ Management Unit (“POMU”) have met on a number of occasions and have conferred in good faith, exchanging a number of proposals concerning wages, hours, fringe benefits, and other terms and conditions of employment for management sworn employees of the City in the ranks of Lieutenant and Captain.
The City and the POMU have reached an understanding as to certain recommendations to be made to the City Council of the City of Fountain Valley and have agreed that the parties hereto will jointly urge the City Council to adopt one or more resolutions which will provide for the changes in wages, hours, fringe benefits, and other terms and conditions of employment contained herein.
Having met and conferred in good faith, the City of Fountain Valley and representatives of the POMU agree as follows:
ARTICLE 1 - RECOGNITION
Pursuant to Government Code Section 3500 et seq. and Resolution No. 9379 of the City Council of the City of Fountain Valley (Employer-Employee Relations Resolution), the City has recognized the POMU as the exclusive representative of all sworn, management police employees in the ranks of Lieutenant and Captain of the City of Fountain Valley for purposes of representation on wages, hours, fringe benefits, and other terms and conditions of employment. As the representative of these employees, POMU is empowered to act on behalf of said employees whether or not they are individually members of POMU.
This Memorandum of Understanding (“MOU”) shall act as a bar to the raising of any question concerning such representation during the term of this MOU, except that a question of representation may be raised during the period between sixty (60) days and ninety (90) days prior to the expiration of this MOU.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 6 ARTICLE 2 – WORK SCHEDULE/WORK PERIOD
Police Lieutenants work a 4/10 schedule consisting of four (4), ten (10) hour shifts per week. Police Captains work the 9/80 work schedule.
The work period shall be twenty-eight (28) days pursuant to Section 207(k) of the Fair Labor Standards Act (“FLSA”).
ARTICLE 3 – PROBATIONARY PERIOD
Section 3.01 - New Hires. New sworn, management police personnel hired from outside current City employment shall be subject to a twelve (12) month probationary period. If the sworn, management police employee is off work for reason other than approved vacation or sick leave, the sworn, management police employee’s probationary period will be extended by the period the employee is off work. Upon completion of twelve (12) months of continuous City service and successful completion of probation, the sworn, management police employee shall be eligible for a merit increase as specified in Article 4 - Compensation.
Section 3.02 – Promotions. Sworn, management police personnel who are promoted to a classification covered by the POMU shall be subject to a twelve (12)-month probationary period. If the sworn, management police employee is off work for reason other than approved vacation or sick leave, the sworn, management police employee’s probationary period will be extended by the period the sworn, management police employee is off work. Upon completion of twelve (12) months of continuous City service and successful completion of probation, the sworn, management police employee shall be eligible for a merit increase as specified in Article 4.
ARTICLE 4 - COMPENSATION
Section 4.01 – Compensation.
Adjustments to the schedule of base salary rates for classifications covered under this agreement are outlined below.
The established salary ranges for each position shall be divided into five steps established at five percent (5%) between each step. The top step in the salary range for the appropriate classification shall be the maximum salary paid. The schedule of base salary rates is contained in Exhibit 1.
Effective Date of Salary Adjustment Percent Increase to Base Salary Pay Period ending 7/5/24 4%
Pay Period ending 7/4/25 4%
Pay Period ending 7/3/26 4%
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 7 Section 4.02 – Compensation for New Appointment. Upon promotion, the new appointee shall be placed at a step within the salary range for the appropriate classification which is equivalent to at least a five percent (5%) increase in salary.
The top step in the salary range for the appropriate classification shall be the maximum salary paid.
Section 4.03 – Promotional Differential. The City agrees to continue its policy to pay at least a five percent (5%) increase in salary whenever a Sergeant is promoted to Lieutenant, or when a Lieutenant is promoted to Captain.
Section 4.04 – FLSA Exempt. Pursuant to Section 13(a)(1) of the FLSA, City hereby determines that employees in sworn, management police personnel positions are exempt from both the minimum wage and overtime provisions of the FLSA.
Section 4.05 – Management Performance Program.
A. Sworn, management police personnel shall submit a memo to their supervisor detailing their accomplishments during the rating period within twenty-one (21) days prior to the employee’s anniversary date.
B. Supervisors and/or the Chief of Police shall complete the Management Performance Evaluation form prior to the employee’s anniversary date.
C. The City Manager or designee shall review each Management Performance Evaluation.
Section 4.06 – Eligibility for Merit Increase. Sworn, management police personnel must receive an overall performance evaluation rating of “Meets Expectations” or “Exceeds Expectations” to be eligible for a merit increase to the next step within the salary range. An overall performance evaluation rating of “Needs Improvement” will not result in a merit increase. If a sworn, management police employee receives a “Needs Improvement” rating and, therefore, is not approved for a merit increase, the sworn, management police employee may be reconsidered for such merit increase no sooner than thirty (30) days after the evaluation is delivered.
Section 4.07 – Promotion Merit Increase. Sworn, management police personnel who are promoted to a classification covered by the POMU after July 1, 2021, shall be eligible for a merit increase upon completion of twelve (12) months of continuous City service and successful completion of probation. Thereafter, sworn, management police personnel shall be eligible for a merit increase effective with completion of twenty-four (24) months after appointment then thirty-six (36) months after appointment.
Members of POMU as of July 1, 2021, who are promoted to a classification covered by the POMU, shall be eligible for a merit increase upon completion of twelve (12) months of continuous City service and successful completion of probation. Thereafter, sworn, management police personnel shall be eligible for a merit increase effective with completion of twenty-four (24) months after appointment then thirty (30) months after appointment.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 8 Section 4.08 – New Hire Merit Increase. Sworn, management police personnel hired from outside current City employment shall be eligible for a merit increase upon completion of twelve (12) months of continuous City service and successful completion of probation. Thereafter, sworn, management police personnel shall be eligible for a merit increase effective with completion of twenty-four (24) months then thirty-six (36) months of employment.
Section 4.09 –Education Incentive -- Peace Officer Standards and Training (P.O.S.T.) Certificate Pay – Advanced Certificate. Defined as compensation to local police officers who obtain Peace Officer Standards Training (P.O.S.T.) Certification.
Designated (by CCR 571 (a)(2) Education Pay) as educational pay. Effective April 2, 2022, eliminate Intermediate and Management P.O.S.T. premiums.
A. Effective the pay period including April 2, 2022, sworn management police personnel who possess and maintain a Bachelor’s Degree in Administration of Justice, Public Administration, or related field, and maintain an Advanced P.O.S.T. Certificate shall be paid twelve percent (12%) of base pay.
B. Effective the pay period including January 1, 2024, sworn management police personnel who possess and maintain a Bachelor’s Degree in Administration of Justice, Public Administration, or related field, and maintain an Advanced P.O.S.T. Certificate shall be paid fourteen percent (14%) of base pay.
Education Incentive -- Peace Officer Standard Training (P.O.S.T.) Certificate Pay – Advanced Certificate, as specified in this section, will be paid to the employee effective the payroll period during which the Human Resources Department is provided with proof the employee completed all courses required to earn the degree and certificate.
Section 4.10 – Physical Fitness Program (Wellness). Defined as compensation to local safety members who meet an established physical fitness criterion. Designated by CCR 571 (a) as incentive pay. Sworn, management police personnel who meet the criteria and testing for the physical fitness/wellness program specified in Article 11 shall receive:
Effective the pay period ending July 5, 2024, sworn, management police personnel will receive Physical Fitness Program pay in the amount of four hundred and ninety-five dollars ($495) per month.
Section 4.11 - City Vehicle or Allowance. Police Captains who reside within a ten (10) mile radius of City Hall shall be provided a vehicle for the term of this agreement. Captains who reside outside of a ten (10) mile radius shall be paid the sum of one hundred twenty five dollars ($125) per month in lieu of being provided a vehicle.
Section 4.12- Retention Incentive Pay. Effective in the pay period including March 18, 2023. Defined as special compensation reportable (2 CCR section 571(a)(1) Longevity Pay) to incentivize Police Captains and Police Lieutenants to remain with the City of Fountain Valley, will earn Retention Incentive Pay at the following rates based on their years of cumulative full-time law enforcement service. Only sworn experience as defined
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 9 by the California Penal Code Sections 830.1, 830.2, 830.32, 830.33, or the out-of-state equivalent as determined by the Chief of Police shall be included as sworn law enforcement service.
A. Effective in the pay period including March 18, 2023 as follows:
Years of Completed Sworn Law
Enforcement Service
Premium of base pay
Completion of 15 years, beginning of
the 16th year
5%
Completion of 20 years, beginning of
the 21st year or more
7%
Completion of 25 years, beginning the
26th year or more
8%
B. Effective in the pay period including January 1, 2024 as follows:
Years of Completed Sworn Law
Enforcement Service
Premium of base pay
Completion of 15 years, beginning of
the 16th year
7%
Completion of 20 years, beginning of
the 21st year or more
9%
Completion of 25 years, beginning the
26th year or more
10%
Any Retention Incentive Pay will not commence until the Police Department has been notified by the employee and all required proof of eligibility have been approved by the Police Chief, received by the Human Resources Department and processed by Payroll on the nearest beginning of a pay period.
An eligible employee shall only be entitled to receive one (1) retention incentive pay, and are not intended to be stacked.
Section 4.13 – Bilingual Premium. This is defined as compensation to employees who are routinely and consistently assigned to positions requiring communication skills in languages other than English and designated by CCR 571 (a) as special assignment pay.
Sworn, management Police personnel successfully completing proficiency certification will be eligible to receive a Bilingual Premium in accordance with the following procedures:
A. The Chief of Police or designee shall determine the language(s) appropriate for Bilingual Proficiency Pay.
B. Sworn, management Police personnel eligible to receive a Bilingual Premium must first successfully pass a proficiency test.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 10 1. Level 1 Certified as proficient in speaking and writing an approved language:
Sworn, management Police personnel certified by the Human Resources Director or designee as proficient in speaking and writing an approved language shall be designated as Level 1 and will receive a Bilingual Premium in the amount of two hundred dollars ($200) per month.
2. Level 2 Certified as proficient in speaking an approved language: Sworn, management Police personnel who are certified by the Human Resources Director or designee as proficient in speaking an approved language shall be designated as Level 2 and will receive a Bilingual Premium in the amount of one hundred and fifty dollars ($150) per month.
ARTICLE 5 - UNIFORM AND UNIFORM ALLOWANCE
Section 5.01 – Equipment Provided. Sworn, management police personnel shall be required to purchase, maintain, and wear uniforms as specified by the Chief of Police or designee. The following equipment will be provided by the City at no cost to the employee: handgun, ammunition, magazines, baton and grommet, baton ring, mace, mace holder, handcuffs, handcuff case, magazine holder, key holder, whistle, Sam Brown belt, keepers (for Sam Brown belt), helmet, face shield, holster, badge, hat piece badge, name tag, body armor (vest), raincoat/pants/boots, and uniform patches.
Section 5.02 - Uniform Allowance. This is defined as compensation paid for the purchase and maintenance of required clothing, including clothing made from specially designed protective fabrics, which is a ready substitute for personal attire the employee would otherwise have to acquire and maintain. This excludes items that are solely for personal health and safety such as protective vests, pistols, bullets, and safety shoes.
These are designated by CCR 571 (a) as statutory items. Sworn, management police personnel will receive a one thousand two hundred dollar ($1,200) annual uniform allowance bi-weekly in increments of 1/26, or forty-six dollars and fifteen cents ($46.15) per pay period. For “classic” employees as defined by CalPERS, bi-weekly uniform allowance will be reported to CalPERS each payroll period.
Newly hired sworn, management police personnel shall receive a pro-rated allowance if they are hired after July 1, for that calendar year.
Section 5.03 - Uniforms Damaged in the Line of Duty. Upon submission of proper documentation by the Department that a sworn, management police personnel’s uniform has been damaged in the line of duty, the City shall, at its option, pay for the cost of repair or replacement of the uniform, unless it is determined that such damage was the result of negligence on the part of the sworn, management police personnel. "Damaged in the line of duty" shall not include normal wear and tear.
ARTICLE 6 - RETIREMENT
Section 6.01- Retirement Benefits. All sworn, management police personnel are members of the California Public Employees’ Retirement System and are subject to all
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 11 applicable provisions of the City's contract with CalPERS. In addition, the parties desire to recognize and comply with AB 340 (California Public Employees’ Pension Reform Act of 2013 (“PEPRA”).
Section 6.02 – Employees Hired July 31, 2010 or Earlier. Sworn, management police personnel employed by the City on July 31, 2010 or earlier, will be eligible for the following retirement benefits:
BENEFIT GOVERNMENT CODE SECTION
3% at 50 21362.2
Single Highest Year 20042
Service Credit for Unused Sick Leave 20965
2% Cost-of-Living 21329
Prior Service Credit 20055
Post-Retirement Survivor Allowance 21624, 21626 and 21635 Retired Death Benefits 21620
Pre-Retirement Option 2W Death Benefits 21548
Military Service Credit 21024
Military Service Credit for Retirees 21027
Peace Corps Service Credit 21023.5
Public Service Layoff Service Credit 21022
Member Cost Sharing 20516
Public Service Credit for Service Rendered to a
Nonprofit Corporation
21026
Local System Service Credit Included in Basic
Death Benefit
21536
Cancellation of Payments for Service Credit
Purchase Upon Industrial Disability Retirement
21037
Employee Contribution.
Effective the pay period including July 1, 2023, employees shall pay a CalPERS contribution of twelve percent (12%) of compensation earnable in accordance with Government Code 20516(a). The City has adopted the CalPERS resolution in accordance with IRS Code Section 414(h)(2) to ensure that both the employee contribution and the City pickup, as defined by IRS Code Section 414(h)(2), of the required member contribution are made on a pre-tax basis. However, ultimately, the tax status of any benefit is determined by the law.
City Contribution. The City agrees to pay the employer contribution to CalPERS minus the amount paid by the employee through the cost sharing agreement.
Section 6.03 – Employees Hired Between August 1, 2010 through December 31, 2012. Sworn, management police personnel beginning initial employment with the City effective August 1, 2010 through December 31, 2012 or a “Classic” employee hired by the City after January 1, 2013. “Classic” employees are defined as those individuals who are:
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 12 A. Working for an employer providing CalPERS retirement benefits who begins employment with the City without a break in service or a break in service of less than six (6) months; or
B. Current members of a public retirement system or plan with reciprocity with CalPERS.
Classic members will be covered under the 3% at 55 formula with the benefits specified below.
Classic employees will be eligible for the following retirement benefits:
BENEFIT GOVERNMENT CODE SECTION
3% at 55 21363.1
Three Highest Years Average 20037
Service Credit for Unused Sick Leave 20965
2% Cost-of-Living 21329
Pre-Retirement Option 2W Death Benefits 21548
Military Service Credit 21024
Military Service Credit for Retirees 21027
Peace Corps Service Credit 21023.5
Public Service Layoff Service Credit 21022
Different Level of Benefits 20475
Public Service Credit for Service Rendered to a
Nonprofit Corporation
21026
Local System Service Credit Included in Basic
Death Benefit
21536
Cancellation of Payments for Service Credit
Purchase Upon Industrial Disability Retirement
21037
Sworn management police personnel will pay a nine percent (9%) employee contribution towards CalPERS retirement.
Section 6.04 – New Members or New Employees Under PEPRA. Assembly Bill No. 340 established the California Public Employees’ Pension Reform Act of 2013 (hereinafter referred to as PEPRA). PEPRA mandates the retirement benefits and employee contributions for “new members” or “new employees” (as those terms are defined by the law) hired on or after January 1, 2013.
New Members Defined by PEPRA
New Members are defined by PEPRA as an employee who becomes a member of a public retirement system for the first time on or after January 1, 2013 and:
A. Was not a member of a public retirement system before January 1, 2013; or B. Was a member of a public retirement system before January 1, 2013 that is not subject to reciprocity with the new public employer’s plan; or
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 13 C. Alternatively, anyone who was an active member of a retirement system, has a break in service of six (6) months or more, and returns to active membership in the same system with a new employer.
New Employees Defined by PEPRA.
An individual hired on or after January 1, 2013 and:
A. Never worked in the public sector before January 1, 2013; or B. Worked in the public sector before January 1, 2013, but worked for an employer with a retirement plan that did not have reciprocity with the new employer’s plan.
New members and new employees will be eligible for the following retirement benefits:
Provision Government Code Section
$500 Retired Death Benefit Section 21620
2% Annual Cost-of-Living Allowance Increase Section 21329
2.7% @ 57 Formula for Safety Members Section 7522.25(d) Additional Service Credit 2 Years - Local Member Section 20903 Final Compensation 3 Years Section 20037
Military Service Credit as Public Service Section 21024 Military Service Credit for Retired Persons Section 21027 Pre-Retirement Death Benefits to Continue After
Remarriage of Survivor Section 21551
Pre-Retirement Option 2W Death Benefit Section 21548
Prior Service Section 20055
Public Service Credit for Peace Corps,
AmeriCorps VISTA, or AmeriCorps Service Section 21023.5 Public Service Credit for Periods of Layoff Section 21022 Unused Sick Leave Credit - Local Member Section 20965
Employee Contribution. PEPRA (Government Code Section 7522.30) states “Equal sharing of normal costs between public employers and public employees shall be the standard.” The standard shall be that employees pay at least fifty percent (50%) of normal costs and that employers not pay any of the required employee contribution.
The “normal cost rate” shall mean the annual actuarially determined normal cost for the defined benefit plan of an employer expressed as a percentage of payroll.
New Members and New Employees shall pay fifty percent (50%) of the normal cost adjusted annually in accordance with the CalPERS actuarial valuation for the City 2.7% at 57 plan. Any change to the New Member and New Employee contribution rate will become effective the first payroll period closest to July 1 of the appropriate year.
Upon receipt of the annual actuarial valuation from CalPERS for the 2.7% at 57 plan, the Human Resources Department will forward a copy to POMU specifying the New Member and New Employee contribution rate for the upcoming period. This process shall serve
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 14 as the meet and confer process for any increase in the employee contribution rate.
Section 6.05 – Compensation Reportable to CalPERS. For purposes of calculating retirement benefits, City will report to the California Public Employees Retirement System all regular compensation and applicable special compensation (uniform allowance, P.O.S.T. Certificate, physical fitness program pay (wellness) and special assignment pay) for employees hired on or before December 31, 2012. In accordance with PEPRA, for employees hired beginning January 1, 2013 and later, uniform allowance is not pensionable compensation and therefore may not be reported to CalPERS as pensionable compensation. In addition, for employees hired beginning January 1, 2013 and later, PEPRA, and amendments to PEPRA and CalPERS law will define those special pays which may be reportable as pensionable compensation.
Section 6.06 – Pre-Tax Employee Contributions. Said sums may be deducted on a pre-tax basis as deferred income for federal and state tax purposes. Any income tax obligation or penalties arising from such tax treatment shall be the exclusive responsibility of the employee. In the event of any adverse tax treatment for the employees, the City shall not be responsible therefor and the City has made no representation regarding such tax treatment. Employees shall seek such advice from POMU or personal tax advisors regarding such matters.
ARTICLE 7 – HEALTH AND OTHER INSURANCE FOR ACTIVE EMPLOYEES Section 7.01 - Overview. The City contracts with CalPERS for medical insurance. This MOU recognizes two tiers of employees for purposes of medical coverage. Tier 1 employees are those employees hired on July 31, 2010 and earlier. Tier 2 employees are those hired on or after August 1, 2010. Tier 1 employees shall be entitled to a basic flex dollar medical allowance administered through a cafeteria plan qualified under the tax code. In addition, Tier 1 employees shall be entitled to an additional sum described herein as a longevity health stipend. Tier 2 employees shall only be entitled to the basic flex dollar allowance administered through a cafeteria plan, as described herein. In addition, Tier 1 employees are entitled to different health coverage upon retirement than Tier 2 employees.
Section 7.02 – CalPERS Medical. The City contracts with the California Public Employees’ Retirement System’s Public Employees’ Medical and Hospital Care Act (PEMHCA) for medical insurance for City employees. The payment of premiums towards group medical/dental/life insurance will be through the administration of a flexible benefit package.
The City shall pay the PEMHCA statutory minimum employer contribution specified in Section 22892 of the PEMHCA.
Section 7.03 – Employees Defined.
Tier 1 employees are defined as those individuals employed in a full-time position with the City beginning July 31, 2010 and earlier.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 15 Tier 2 employees are defined as those individuals employed in a full-time position with the City beginning August 1, 2010 and later.
If an employee separates employment then later returns to employment with the City, the date the employee returned to employment will become the hire date for the employee and will be considered a Tier 2 employee and only eligible for Tier 2 benefits.
Section 7.04 – Tier 1 Employees City Contribution.
A. Effective the pay period including January 1, 2023, the City contribution for Tier 1 employees is as follows:
Flex Dollar Allowance
Flex Allowance
Electing Employee Only coverage $2,000.00
Electing Employee +1 Dependent coverage $2,000.00
Electing Employee + Family coverage $2,000.00
The amount identified as flex allowance is inclusive of the PEMHCA statutory minimum.
B. Effective the pay period including January 1, 2024, the City contribution for Tier 1 employees is as follows:
Flex Dollar Allowance
Flex Allowance
Electing Employee Only coverage $2,100.00
Electing Employee +1 Dependent coverage $2,100.00
Electing Employee + Family coverage $2,100.00
The amount identified as flex allowance is inclusive of the PEMHCA statutory minimum.
Sworn, management Police employees who elect not to be covered under the medical plan provided through the cafeteria plan shall receive the PEMHCA minimum per month as cash wages. However, the employee will be required to pay for dental and life insurance premiums, both of which are mandatory out of the waiver of premium contribution. In order to opt out of the City’s medical coverage, employees will be required to maintain and provide proof of group health coverage through an alternative source and the alternative group health plan coverage must meet the Affordable Care Act’s requirements regarding affordability and minimum value.
Section 7.05 - Tier 2 Employees City Contribution. The City will make the contributions to each employee’s flexible spending account based upon coverage subject to the provisions below:
Effective the pay period that includes January 1, 2019, the monthly City contribution for Tier 2 will be:
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 16 Flex Dollar Allowance Flex Dollars
Electing Employee Only coverage $725
Electing Employee +1 Dependent coverage $1,317
Electing Employee + Family coverage $1,650
The flex dollar allowance includes the PEMHCA minimum employer contribution. Tier 2 employees do not qualify for the longevity health stipend.
A. Effective the pay period including January 1, 2023, the City contribution for Tier 2 employees is as follows:
Flex Dollar Allowance Flex Dollars
Electing Employee Only coverage $975.00
Electing Employee +1 Dependent coverage $1,567.00
Electing Employee + Family coverage $2,000.00
The flex dollar allowance includes the PEMHCA minimum employer contribution.
Tier 2 employees do not qualify for the longevity health stipend.
B. Effective the pay period including January 1, 2024, the City contribution for Tier 2 employees is as follows:
Flex Dollar Allowance Flex Dollars
Electing Employee Only coverage $1,075.00
Electing Employee +1 Dependent coverage $1,667.00
Electing Employee + Family coverage $2,100.00
The flex dollar allowance includes the PEMHCA minimum employer contribution.
Tier 2 employees do not qualify for the longevity health stipend.
Section 7.06 – Cafeteria Plan. The provisions of the Cafeteria Plan are described below.
A. Benefits Provided Through the Cafeteria Plan. The insurance benefits provided for in this Article will be provided through the provision of a cafeteria plan adopted in accordance with the provisions of Internal Revenue Code § 125: medical and dental.
Each month the City will contribute to the cafeteria plan flex dollars for current employees and new hires as specified in Section 7.04 and 7.05 accordingly. In addition, the City will contribute a longevity stipend for Tier 1 employees as specified in Section 7.04. The City’s flex dollar contribution includes the PEMHCA statutory minimum paid by the City.
Prior to January 1, 2011, dependent dental premiums were fully employee paid.
However, due to the provisions of the cafeteria plan, dependent dental premiums are to be deducted from the flex dollars. Upon retirement, retirees are not covered by a cafeteria plan; therefore, dependent dental premiums will be fully retiree paid if coverage is elected. Nothing in these provisions require City contributions towards
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 17 dependent dental premiums.
B. The Purchase of Optional Benefits Through the Cafeteria Plan. The cafeteria plan offers sworn, management Police employees the opportunity to purchase optional medical insurance, vision, and AFLAC insurance. Eligible employees may select from any of the medical insurance plans offered by CalPERS. If CalPERS changes any of the medical insurance plans by either adding or deleting the plan options, employees will be limited to those plan options offered by CalPERS.
Sworn, management Police employees may elect any of the optional AFLAC insurance options the City offers to employees.
Sworn, management Police employees may designate flex dollars available after deductions for premiums for elected benefit options, towards the employee’s deferred compensation plan.
Dental and life insurance are not optional benefits and such premiums will be deducted from each employee’s cafeteria plan flex dollars or waiver of premium contribution.
C. Employee Contributions for Benefit Options. If a sworn, management Police employee chooses optional benefits whose aggregate cost exceeds the total flex dollar City contribution to the cafeteria plan, the City will automatically deduct the excess amount on a pre-tax basis if applicable, from the employee’s bi-weekly paycheck.
D. The Receipt of Cash Through the Cafeteria Plan. Sworn, management Police employees will be eligible to receive cash (subject to taxation as wages) through the cafeteria plan if they either opt out of receiving medical insurance or if they choose optional benefits that do not cost as much as the flex dollars provided by the City towards the cafeteria plan. Any such employee shall be eligible to receive up to three hundred fifty dollars ($350)/month in cash.
Section 7.07 – Term Life Insurance. The amount of term life insurance for each sworn, management Police employee shall be fifty thousand dollars ($50,000) per employee.
Section 7.08 – Long-Term Disability Insurance. The City shall maintain and pay full premium for a long-term disability insurance policy for all sworn, management police personnel employees. The purpose of long-term disability insurance is to ensure that sworn, management police personnel will have a source of income if they are disabled from performing their regular duties for a period longer than sixty (60) calendar days. The Plan Document is incorporated into this Agreement by reference.
A. Eligibility. A sworn, management police employee's eligibility for long-term disability benefits depends on whether or not the sworn, management police employee's disability is industrial or non-industrial in nature.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 18 1. If the sworn, management police employee's disability is industrially-related, the sworn, management police employee's absence from work will be charged to industrial injury leave for a period of up to one (1) year from the date the disability was incurred, pursuant to Labor Code Section 4850, after which the person is eligible for insured long-term disability benefits pursuant to the service provider's agreement.
2. If the sworn, management police employee's disability is not industrially-related, the sworn, management police employee's eligibility begins either on the sixty-first (6lst) calendar day of the sworn, management police employee's absence from work, or upon expiration of the sworn, management police employee's sick leave, whichever period is longer.
B. Benefits. An employee who is eligible to receive insured long-term disability benefits will receive sixty-six and two thirds percent (66-2/3%) of the first seven thousand five hundred dollars ($7,500) of the employee's monthly salary as of the date the employee's disability began less any deductible benefits, as provided for in the long-term disability policy. The maximum monthly benefit is $5,000.
C. Off-Payroll Status. A sworn, management police employee who is receiving insured long-term disability benefits is considered to be in an off-payroll status and will not accrue benefits during the time that they are in such status. In addition, sworn, management police employees who are in an off-payroll status while receiving insured long-term disability benefits are responsible for maintaining group health and life insurance coverage and for paying the premiums therefore unless eligible for benefits pursuant to law.
D. Self-Insurance. The City reserves the right to self-insure any or all Long-Term Disability benefits, provided that there shall be no change to existing eligibility requirements or coverage unless mutually agreed to in writing by both the City and POMU.
Section 7.09 – Flexible Spending Program
The City shall provide a voluntary Flexible Spending Plan (Section 125 Plan under the Internal Revenue Code) to employees covered under this MOU. Enrollment in the plan allows employees to pay for out-of-pocket Health Care and Dependent Care costs with pre-tax dollars. Flexible Spending Account (“FSA”) limits will be followed by the City as set each year by the Internal Revenue Service (“IRS”).
At enrollment and annually thereafter, participants must designate the FSA election amount for the remainder of the year for new hires and for the next year for current employees. The annual amount is deducted from the employee’s paycheck in equal installments, on a pre-tax basis, and credited to the employee’s FSA. Reimbursement will be paid directly by a third party administrator.
Federal law prohibits any change in a FSA during the calendar year unless the employee or their dependent(s) have a qualifying “life event,” as defined by the California
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 19 Department of Insurance. Examples of a qualifying “life event” include marriage, divorce or legal separation, birth or adoption of a dependent, death of a dependent, or a change in the employee or employee’s spouse’s employment status. The change in the FSA must be due to and consistent with the “life event” which permits the change.
An annual open enrollment period will be provided for the upcoming calendar year’s program. Employees must affirmatively enroll in the FSA for each year. There is no automatic renewal.
When estimating annual expenses, employees are cautioned to only consider those expenses they are reasonably certain they will incur. Any amount left in a FSA at the end of the year is forfeited.
Deductions for FSAs shall not reduce earnable compensation for purposes of calculating benefits or contributions for the CalPERS.
The City maintains the right to select and change, if needed, the vendor to administer the FSA program.
Section 7.10 - Retiree Health Savings Account. Sworn, management Police employees hired 8/1/2010 or later will be required to contribute twenty-five dollars ($25) per payroll period to the employee’s retiree health savings account. Contributions to the retiree health savings are made solely by the employee and all administrative fees for the plan will be deducted from each employee’s individual account assets. The account assets that accumulate, plus investment earnings, will be used in retirement to pay health insurance premiums and other eligible out-of-pocket medical expenses such as deductibles, co-payments and dental care in accordance with Internal Revenue Code Section 213. The employee contribution will be portable if an employee should leave employment with the City prior to retirement.
ARTICLE 8 – MEDICAL/DENTAL INSURANCE FOR RETIREES
The City shall provide group medical/dental insurance to sworn, management Police personnel who retire from the City meeting the criteria and subject to the conditions and limitations noted below. The City contracts with the CalPERS’ Public Employees’ Medical and Hospital Care Act (PEMHCA) for medical insurance for City employees and retirees. Benefits are grouped in tiers based upon hire date and years of continuous City service.
Tier Hire Date Years of
Continuous City
Service
Provisions the
Employee in the
Specified Tier is Eligible
for
1A 10/25/04 and earlier 15 or more years 1,3,4,5,6,7, 8,11,13,16 1B 10/26/04-7/31/2007 15 but less than 20
years
1,3,4,5,6,7, 9,12,13,16
1C 10/26/04-7/31/2007 20 or more years 1,3,4,5,6,7, 8,11,13,16 1D 8/1/07-7/31/10 15 but less than 20 1,3,4,5,6,9,12,14,16
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 20 years
1E 8/1/07-7/31/10 20 or more years 1,3,4,5,6,7, 8,11,14,16 1F 7/31/07 and earlier
(Disability
Retirement)
N/A 2,3,4,5,6,7, 8,11,13,16
1G 8/1/07-7/31/10
(Disability
Retirement)
N/A 2,3,4,5,6,7, 8,11,14,16
1H 7/31/10 and earlier if
City service does not
fit into Tiers 1A-1G
1,6,7,15
2A 8/1/10 and later N/A 1,6,7,15
2B 8/1/10 and later
(Disability
Retirement)
N/A 2,6,7,15
The provision numbers listed below correspond to the code above designating which benefits each retiree is eligible for. If a code is not included in the “Provisions the Employee in the Specified Tier is Eligible for” section, the employee in the specified tier is not eligible for that specific provision.
Provision No. 1 - Retired Employee Definition. A sworn, management Police employee is a retired employee when they:
A. Have reached 50 years in age or greater;
B. Have been employed for at least five (5) years;
C. Are a vested member of CalPERS;
D. Retires with a service retirement after October 1, 1980; E. Retires directly from active duty and maintains continuous coverage both prior to and subsequent to their retirement.
F. Any lapse in coverage will make the employee permanently ineligible for City contributions towards such retiree’s premiums in excess of the PEMHCA statutory minimum employer contribution.
Provision No. 2 - Disability (Totally) Retired Employee Definition. A sworn, management Police employee is disability (totally) retired when:
Any of the following permanent disabilities shall be conclusively presumed to be total in character (total disability):
A. Loss of both eyes or the sight thereof.
B. Loss of both hands or the use thereof.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 21 C. An injury resulting in a practically total paralysis.
D. An injury to the brain resulting in incurable imbecility or insanity.
In all other cases, permanent total disability shall be determined in accordance with the fact.
Provision No. 3 - Eligible Qualified Dependent Coverage Limitation.
For Retirements Effective July 31, 2012 or Earlier.
Definition of Qualified Dependent: Qualified dependent coverage is limited to the eligible retiree and those specific eligible dependents as defined in the service provider’s group benefit agreement that were covered at the time of the employee’s retirement.
For Retirements Effective August 1, 2012 and Later.
Definition of Qualified Dependent: A spouse and/or dependent child covered on the employee’s medical and dental plan for a minimum of two (2) full years (twentyfour (24) months) prior to retirement. Such dependent will be classified as a qualified dependent.
New Spouse Exception. An exception will be made for employees who get married and add their spouse to their medical plan within thirty (30) calendar days of the marriage. In such cases, the spouse must be on the plan for a minimum of one (1) full year (twelve (12) months) prior to their retirement in order to receive City contributions towards retiree medical and will be classified as a qualified dependent.
No other exceptions will be made.
Dependent Children. City contributions for dependent children will end the month during which the dependent child turns age twenty-three (23). The dependent child may continue on the plan until age twenty-six (26), in accordance with plan provisions; however, the City will not pay any contributions toward the dependent child’s medical premium past age twenty-three (23). The following examples illustrate the impact to the City contribution when a dependent child turns age twenty-three (23):
A. If the retiree covers 1) themselves and 2) a dependent child, the month during which the dependent child reaches age twenty-three (23), the City ceases contributions for the dependent child and pays only single coverage for the retiree.
B. If the retiree covers 1) themselves, 2) a spouse and 3) a dependent child, the month during which the dependent child reaches age twenty-three (23), the City ceases contributions for the dependent child and pays two-party coverage for the retiree and spouse.
C. If the retiree covers 1) themselves, 2) a spouse and 3) more than one (1) dependent child, the City will continue to pay family coverage. Effective during the month during which the youngest child reaches age twenty-three (23), the City ceases contributions for the dependent child(ren) and pays two-party coverage for the retiree and spouse.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 22 Definition of Non-Qualified Dependent for Retirements Effective August 1, 2012 and Later. A dependent added to the employee’s medical and dental plan less than two (2) full years (twenty-four (24) months) prior to retirement or at a later date is ineligible for any City contribution towards medical insurance. The non-qualified dependent may enroll in the medical plan; however, premiums for such enrollment are entirely dependent-paid. The City will not pay any contributions towards the medical premium for non-qualified dependent(s). Non-qualified dependents may not enroll in the dental plan.
Premiums for additional covered dependent(s) or dependent(s) added on at a later date in accordance with plan provisions will be paid entirely by the retiree. Such individuals will be classified as non-qualified dependent(s). Dependent dental premiums will be paid entirely by the retiree. Failure to pay premiums for non-qualified dependent(s) will result in loss of coverage.
Provision No. 4 - Separation then Return to City Service. If an employee separates employment and later returns to employment with the City, the date the employee returned to employment will become the hire date for the employee and they will be considered a new hire and only eligible for new hire benefits.
Provision No. 5 - Limitation. There is no cash back provision if the premiums for the medical and dental plans for qualified dependents is less than the difference between the PEMHCA statutory minimum and the medical premium for the plan selected for the retiree and eligible qualified dependent(s) and retiree only dental premium up to the maximum the City contributes for active sworn, management Police personnel for Tier 1 employees.
Provision No. 6 - Life Insurance. Retirees are not eligible for life insurance coverage through the City.
Provision No. 7 - CalPERS Statutory Minimum Employer Contribution. Only while participating in the CalPERS medical plan will the City pay the PEMHCA statutory minimum employer contribution specified in Section 22892 of the Public Employees’ Medical and Hospital Care Act (PEMHCA) to CalPERS. Should the City discontinue contracting with PEMHCA at any time, the City will not be responsible for paying any contribution towards health insurance premiums for such retiree and those premiums shall be entirely retiree-paid. The City will not make any contributions towards dental insurance.
Provision No. 8 - City Contributions.
For Retirements Effective July 31, 2012 or Earlier.
The City will contribute towards the monthly medical premium for the retiree and those specific eligible dependents as defined in the service provider’s group benefit agreement that were covered at the time of the employee’s retirement and retiree only dental premium up to the maximum the City contributes for active sworn, management Police personnel. The premiums shall be based on medical/dental coverage for the eligible retiree and medical coverage only for eligible dependent(s) as defined in the
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 23 service provider’s group health benefit agreement. The City will not make any contributions towards dental insurance for dependents.
For Retirements Effective August 1, 2012 and Later.
The City will contribute towards the monthly medical premium for the retiree and those eligible dependents who were covered on the employee’s plan for a minimum of two (2) full years (twenty-four (24) months) prior to retirement (designated as qualified dependent) and retiree only dental premium up to the maximum the City contributes for active sworn, management Police personnel. The premiums shall be based on medical/dental coverage for the eligible retiree and medical coverage only for the qualified dependent, if applicable. The City will not make any contributions towards dental insurance for dependents.
Provision No. 9 - City Contributions (75%).
For Retirements Effective July 31, 2012 or Earlier.
The City will contribute towards the monthly medical premium for the retiree and those specific eligible dependents as defined in the service provider’s group benefit agreement that were covered at the time of the employee’s retirement and retiree only dental premium up to seventy-five percent (75%) of the maximum the City contributes for active sworn, management Police personnel. The premiums shall be based on medical/dental coverage for the eligible retiree and medical coverage only for eligible dependent(s) as defined in the service provider’s group health benefit agreement. The City will not make any contributions towards dental insurance for dependents.
For Retirements Effective August 1, 2012 and Later.
The City will contribute towards the monthly medical premium for the retiree and those eligible dependent(s) who were covered on the employee’s plan for a minimum of two (2) full years (twenty-four (24) months) prior to retirement (designated as qualified dependent) and retiree only dental premium up to seventy-five percent (75%) of the maximum the City contributes for active sworn, management Police personnel. The premiums shall be based on medical/dental coverage for the eligible retiree and medical coverage only for the qualified dependent, if applicable. The City will not make any contributions towards dental insurance for dependents.
Provision No. 10 - Retiree Health Savings Account. See, Section 7.10, above.
Provision No. 11 – City Contributions at Age 65.
Coverage will become supplemental to Medicare at age 65. The City will pay the medical premium, as applicable, for the retiree and eligible qualified dependent(s) and retiree only dental premium up to the maximum the City contributes for active sworn, management Police personnel for Tier 1 employees. The retiree will continue paying the dependent dental premium if coverage is elected and will solely be responsible for paying Medicare premiums.
Provision No. 12 – City Contributions at Age 65.
Coverage will become supplemental to Medicare at age 65. The City will pay the medical premium, as applicable, for the retiree and eligible qualified dependent(s) and retiree only dental premium up to seventy-five percent (75%) of the maximum the City
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 24 contributes for active sworn, management Police personnel for Tier 1 employees. The retiree will continue paying the dependent dental premium if coverage is elected and will solely be responsible for paying Medicare premiums.
Provision No. 13 – Surviving, Eligible Qualified Dependent(s) City Contribution.
In the event of the death of a covered retiree, City contributions for the surviving dependents shall continue until remarriage of the surviving spouse or until the surviving spouse enrolls in Medicare. When either of the above occurs, coverage for the surviving spouse and covered dependents will terminate. If the surviving spouse obtains full-time employment, the City’s group medical insurance will be supplemental to the surviving spouse’s group medical insurance. The City pays the actual basic medical premium for the surviving spouse and eligible qualified dependent(s) up to the maximum the City contributes for active sworn, management Police personnel for Tier 1 employees minus the PEMHCA statutory minimum employer contribution during the time period the survivors are eligible for City contributions. The City will make no contributions towards dental premiums.
Provision No. 14 – Surviving, Eligible Qualified Dependent(s) City Contribution.
For Retirements Effective July 31, 2012 and Earlier.
City contributions for the surviving dependent(s) of a deceased retiree will terminate effective when any of the following occur:
Surviving dependent obtains other medical/dental insurance coverage. Surviving dependent is no longer eligible for coverage in accordance with the medical/dental plan requirements.
During the period the City pays the insurance premiums, the City pays the actual basic medical premium for the surviving spouse and eligible qualified dependent(s) up to the maximum the City contributes for active sworn, management Police personnel for Tier 1 employees minus the PEMHCA statutory minimum employer contribution during the time period the survivors are eligible for City contributions. The City will make no contributions towards dental premiums.
For Retirements Effective August 1, 2012 and Later.
City contributions towards medical premiums for the surviving spouse will terminate upon the surviving spouse reaching age 65. City contributions towards medical premiums for a surviving dependent child(s) will end the month immediately following the dependent child’s twenty-third (23rd) birthday.
The surviving spouse’s dental coverage will terminate upon the surviving spouse reaching age sixty-five (65). The surviving dependent child(s) dental coverage will terminate upon the surviving dependent child reaching age twenty-three (23).
Thereafter, the retiree will be eligible for COBRA continuation for dental for a maximum of eighteen (18) months. Extension of coverage may apply in accordance with COBRA regulations; however, unless the retiree meets these COBRA provisions, the maximum coverage period for dental upon retirement is eighteen (18) months. To maintain COBRA coverage, the full premium plus a two percent (2%) administrative
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 25 fee is payable by the retiree. Failure to pay premiums will result in loss of coverage.
Provision No. 15 - Retiree Contributions. The retiree enrolls in the medical plan at their own expense for medical insurance.
The retiree will be eligible for COBRA continuation for dental for a maximum of eighteen (18) months. Extension of coverage may apply in accordance with COBRA regulations; however, unless the retiree meets these COBRA provisions, the maximum coverage period for dental upon retirement is eighteen (18) months. To maintain COBRA coverage, the full premium plus a two percent (2%) administrative fee is payable by the retiree. Failure to pay premiums will result in loss of coverage.
The employee is not eligible for any flexible spending or other contribution from the City towards continued dental insurance upon retirement.
Provision No. 16 - Retiree Contributions.
Premiums for Plan Selected Exceeds the Total City Contribution. If a retiree chooses benefits whose aggregate premium cost exceeds the total City contribution, the retiree will be responsible for paying the excess premiums.
Non-Qualified Dependent(s). If non-qualified dependent(s) are covered under the plan, the retiree will be responsible for paying for the full premium for such dependent(s).
Dependent Dental Premium. If dependent dental coverage is elected, the dependent dental premium is deducted from the City’s reimbursement to the retiree for health premiums or the retiree will be billed because such premiums continue to be employee/retiree-paid.
Medicare Premium. Medicare premiums are fully paid by the retiree or their survivor.
ARTICLE 9 - LEAVES
Section 9.01 – Holidays. Sworn, management police personnel shall be entitled to eleven (11) paid holidays per calendar year except as otherwise provided for in this MOU.
The eleven (11) paid holidays to which sworn, management police personnel are entitled shall be as follows:
New Year's Day
Martin Luther King Jr. Day
President’s Day (Washington's Birthday)
Memorial Day
Independence Day
Labor Day
Veterans’ Day
Thanksgiving and the day after Thanksgiving
Christmas
“Floating Holiday”
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 26 The exact date upon which each of the above holidays will be observed and during which City Hall will be closed shall be set by Administrative Regulation each year, after meeting with POMU representatives.
Section 9.02 - Holiday Pay Off. Sworn, management police personnel will have, in addition to regular base pay, the option of taking holiday time off or using administrative leave with the approval of their supervisor, or of being paid for the unused holiday time.
Accrued vacation may not be used in lieu of holiday time. Holiday time off is to be taken in conjunction with an actual City holiday and, if not used due to shift or schedule assignments, the unused accrued balance will be paid as holiday pay on the employee’s bi-weekly paycheck corresponding to the payroll period during which the holiday is observed.
Section 9.03 - Floating Holiday. The floating holiday may be taken at any time prior to November 30 of each year subject to the approval of the Chief of Police or designee. If the floating holiday is not used prior to November 30 of each year, it will be paid in accordance with Section 9.02 above.
Section 9.04 - Vacation Accrual Rate. Sworn, management police personnel shall accrue vacation leave at the following rates:
Length of Service Hours Accrued Per Pay Period
(based upon 26 pay periods
annually)
Date of Hire – 1 year 3.08 hours (80 hours total)
2-5 years 4.62 hours (120 hours total)
6-9 years 5.38 hours (140 hours total)
10-11 years 6.15 hours (160 hours total)
12-14 years 6.92 hours (180 hours total)
15 years or more 7.69 hours (200 hours total)
Section 9.05 - Vacation Accrual Limitations. Vacation may accrue to a maximum of three hundred (300) hours. Upon reaching the maximum accrual, no additional vacation hours will accrue to the employee’s vacation bank until the use of vacation or the employee elects and receives vacation payoff as identified below and the vacation bank is therefore below the maximum of three hundred (300) hours.
Section 9.06 – Vacation Pay Off. At the end of each calendar year, sworn, management police personnel shall have the option of receiving a cash payment for accrued vacation up to a maximum of eighty (80) hours, if the following criteria are met:
A. A minimum of eighty (80) hours of vacation has been used during the calendar year.
Vacation may be utilized in any increment as approved by their supervisor as long as a minimum of eighty (80) hours have been used.
B. A minimum accrual of twenty (20) hours of vacation remains after payoff.
If the aforementioned criteria have been met, sworn, management police personnel may
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 27 request a cash payment of eighty (80) hours maximum to be included in the holiday warrant to be issued within the first ten (10) days in December.
To request a vacation payoff, the employee must submit an irrevocable election form specifying the number of hours the employees is requesting which must be received in the Human Resources Department before December 31 of the year prior to the payoff.
For example, to receive a payout in 2017, a sworn, non-management Police personnel must submit a completed irrevocable election form to Human Resources before December 31, 2016. If during the 2017 calendar year, the employee meets the criteria specified herein to be eligible for vacation payoff, they will receive the requested payoff.
If the employee does not submit the irrevocable election form within the required timeline or they do not meet the criteria for payoff, no payoff will be given.
Section 9.07 – Administrative Leave. All sworn, management police personnel employees shall be eligible for Administrative Leave. Police Lieutenants receive one hundred twenty (120) hours per year and Police Captains receive one hundred eight (108) hours per year. Administrative leave hours are provided annually in January and may not be carried over from one (1) year to the next. Use of Administrative Leave is at the approval of the Chief of Police or designee.
Section 9.08 – Sick Leave Accrual Rate. Sick leave shall accrue as 4.62 hours per biweekly pay period (one hundred twenty (120) hours per year). Upon separation from service with the City, up to two thousand (2,000) hours of accrued sick leave shall be converted to the eight (8) hour accrual rate to determine service credit calculations for CalPERS.
Section 9.09 - Sick Leave Usage.
The first three (3) days or work hours equivalent (e.g. thirty (30) hours for employees on a 4/10 schedule) of paid sick leave taken each twelve (12) month period will be considered sick leave used pursuant to the Healthy Workplaces, Healthy Families Act of 2014 (California Labor Code sections 245-249). The twelve (12) month period is July 1 through June 30 for employees hired prior to July 1, 2015. For employees hired on or after July 1, 2015, the twelve (12) month period is the twelve (12) month period beginning on the employee’s hire date, until the following July 1, at which point the employee’s twelve (12) month period will change to July 1 - June 30.
Employee’s Sick Leave. Employees can use sick leave for themselves for preventive care (such as physical exams) or care of an existing health condition.
Family Sick Leave. Employees can use up to a maximum of one-half of one year’s annual accrued sick leave (e.g. sixty (60) hours for employees who accrue one hundred twenty (120) hours per year) per year for family sick leave. Family sick leave may be used for the diagnosis, care, or treatment of an existing health condition of, or preventive care for family members. In this section the term “family members” means any of the following:
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 28 Employees can use sick leave for specified purposes if they are victims of domestic violence, sexual assault, or stalking as set forth in California Labor Code section 230(f) and 230.1(a).
After an employee has used five (5) sick leave days (or work hours equivalent) in a twelve (12) month period, the use of sick leave shall be subject to the approval of the Chief of Police or designee who may request a physician's statement substantiating the illness and release to duty before allowing an employee to return to duty. Sick leave shall only be used for real medical illness or to seek medical evaluation or consultation and shall not be considered personal time to be used at the employee’s discretion. Sick leave may be used for absences resulting from industrial injuries and illnesses.
Section 9.10 - Sick Leave Payoff. Upon completion of ten (10) years of continuous service with the City, sworn, management police personnel who separate from the City for any reason other than termination for cause shall be paid twenty-five percent (25%) of the employee's accrued, unused sick leave balance at the time of separation. In the event of death at any time during employment with the City, twenty-five percent (25%) of the employee's accrued, unused sick leave will be paid to the employee's estate.
Section 9.11 - Retirement Credit for Unused Sick Leave. Pursuant to Government Code Section 20965 and the City's contract with CalPERS, sworn, management police employees who retire from the City may receive service credit towards their retirement for accrued, unused sick leave up to a maximum of 2,000 hours, for which they do not receive compensation. This provision shall apply only to sworn, management police personnel whose effective date of retirement is within four (4) months of separation from employment with the City.
A child (biological, adopted, foster child, step child, legal ward or a child to whom the employee stands in loco parentis) regardless of age or dependency status.
A biological, adoptive, or foster parent, step parent or legal guardian of an employee or the employee’s spouse or registered domestic partner or a person who stood in loco parentis when the employee was a minor child.
A spouse.
A registered domestic partner.
A grandparent.
A grandchild.
A sibling.
An employee may designate one person per 12-month period at the time the employee requests family sick leave.
Individuals who live in the same household or whose relationship to the employee is that of a dependent or near-dependent.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 29 Section 9.12 – Bereavement Leave. Sworn, management police personnel who have been employed for at least thirty (30) days with the City shall be entitled to a maximum of five (5) working days absence, three (3) of which shall be with pay, for each occurrence as Bereavement Leave, when they are compelled to be absent from duty by reason of death of an immediate family member, or in the event of critical illness where death appears to be imminent.
For purposes of bereavement leave, "immediate family member" refers to spouse, registered domestic partner, child, stepchild, grandchild, sibling, parent, stepparents, parent-in-law, grandparent, or legal guardian.
ARTICLE 10- ILLEGAL/CONTROLLED SUBSTANCE SCREENING
Section 10.01 – Pre-Employment Substance Screening. Sworn, management police personnel acknowledge City's right to, at its discretion, include illegal/controlled substance screening as part of the pre-employment physical examination for sworn, management police personnel.
Section 10.02 – Definition. "Illegal/Controlled Substance" is defined as a drug, substance, or immediate precursor which are included in Schedules I through V, inclusive of the "California Uniform Controlled Substances Act" (Health and Safety Code Sections 11054-11057), as well as opiates and narcotic drugs, as defined in Health and Safety Code Sections 11018-11020.
Section 10.03 – Random, Reasonable Suspicion and Post-Accident Drug and Alcohol Testing. Sworn, management police personnel and the City agree to implement a random, reasonable suspicion, and post-accident drug and alcohol testing for all sworn, management police personnel employees. Refer to Administrative Regulation No. 1058 for the actual policy.
ARTICLE 11 - PHYSICAL FITNESS/WELLNESS PROGRAM
Section 11.01 – Physical Fitness/Wellness Program. The City and the POMU agree to institute a mandatory physical fitness program for all sworn, management police personnel employees. The City agrees to pay the cost of the annual physical fitness screening (physical examination) conducted on each sworn, management police personnel by a City physician. In lieu of the complete physical examination conducted by a City physician, the sworn, management police personnel may be reimbursed the cost for an Electron Beam Tomography body scan or similar procedure up to the maximum paid for a complete physical examination by a City physician. The sworn, management police personnel employee will be required to submit an itemized bill to the Human Resources Department prior to the City issuing a reimbursement check to the sworn, management police personnel.
Section 11.02 – Elements of the Physical Fitness/Wellness Program. All sworn, management police personnel may participate in a voluntary physical fitness/wellness program and receive physical fitness pay above their base salary each month as specified
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 30 in Article 4, Section 4.10 for achievement of specific performance standards as specified in Exhibit 2. The physical fitness/wellness program shall involve the following elements:
A. Performance testing shall be carried out semi-annually, with the process being presided over by a representative from the POMU.
B. Performance testing standards shall include ten (10) minutes of cardio, twenty (20) jumping jacks, twenty (20) lunges, twenty (20) push-ups and twenty-five (25) crunches.
C. Performance testing shall be conducted while the sworn, management police employee is on duty; however, workouts in preparation for the testing shall be carried out on off-duty hours.
D. Eligible sworn, management police personnel who have previously met all performance standards and are unable to re-qualify due to an injury or illness shall continue to receive the bonus subject to the determination of the Chief of Police or designee that the person is unable to participate in the performance test. However, said personnel shall be required to submit to a performance test as soon as they are released to full duty.
E. Eligible personnel who fail any or all standards of the performance testing process shall be given the opportunity to retest within thirty (30) days of the failure.
Section 11.03 Physical Fitness Incentive Program. Sworn, management police personnel employees may exercise for up to thirty (30) minutes of their regular shift at a fitness facility approved by the Chief of Police or designee.
ARTICLE 12 - GRIEVANCE PROCEDURE
The following grievance procedure is for the purpose of affording sworn, management police personnel a means of obtaining appropriate consideration by supervisory and management personnel of problems within their power to resolve.
Section 12.01 – Subject Matter and Scope of Grievances. A grievance may be initiated by any sworn, management police personnel who believes that the application of a policy, practice, rule, or procedure has been incorrect or inappropriate, and has adversely affected their employment.
The following subjects are excluded from the scope of the grievance procedure:
A. Matters which have other means of appeal within the City, including disciplinary actions.
B. Matters which are within the exclusive jurisdiction of another agency, and for which a means of appeal is provided.
C. Matters pertaining to clarification of any of the provisions of this MOU are within the
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 31 scope of the grievance procedure.
D. Classification content.
Section 12.02 - Form. All grievances must be submitted in writing, and must contain the following information:
A. Employee's name, title, department and division.
B. The name of the individual or organization, if any, representing the employee in the grievance procedure.
C. The date the grievance is being submitted.
D. The nature of the grievance, including a statement of the specific MOU provisions, rules, regulations, policies, procedures, ordinances, or resolutions, if any, which are alleged to have been violated, the date the alleged violation occurred, and the specific decision or action which constituted the alleged violation.
E. The facts and/or circumstances which gave rise to the grievance.
F. Any available support documentation or other material which is to be considered in conjunction with the grievance.
G. A statement of the remedy which the employee is seeking.
Section 12.03 - Informal Discussion. If a sworn, management police employee has a problem relating to a work situation, they are encouraged to request a meeting with their immediate supervisor to discuss the problem in an effort to clarify the issue and to work cooperatively towards settlement.
Section 12.04 - Formal Grievance Procedure.
A. A sworn, management police employee shall submit a grievance to the Chief of Police or designee within fifteen (15) calendar days of the occurrence giving rise to the grievance, or of the date that the sworn, management police employee became or should have become aware of the occurrence giving rise to the grievance. Grievances submitted pursuant to this section shall include a statement of efforts that have been undertaken to resolve the grievance informally.
B. Within fifteen (15) calendar days after receipt of a formal grievance, the Chief of Police or designee shall meet with the sworn, management police employee and/or their designated representative. Within fifteen (15) calendar days after meeting with the sworn, management police employee, the Chief of Police or designee shall forward their decision in writing to the employee.
C. If, in the opinion of the employee and the Chief of Police or designee, a meeting is not necessary said meeting may be waived by mutual agreement.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 32 D. A grievance that is withdrawn, whether voluntarily or by virtue of failure to submit the grievance within the specified time frame, cannot be re-filed.
Section 12.05 - Appeal to City Manager.
A. Grievances which are not satisfactorily resolved by the Chief of Police or designee, and which meet the conditions set forth below, may be submitted to the City Manager or designee within fifteen (15) calendar days after receipt of the written decision from the Chief of Police or designee.
B. Grievances which meet one or more of the following conditions may be submitted to the City Manager or designee:
1. The grievant alleges an abuse of discretion on the part of the Chief of Police during the grievance process.
2. The remedy sought is not within the authority of the Chief of Police or designee to approve or implement.
C. Grievances submitted to the City Manager or designee shall be accompanied by the following information:
1. Copies of all written responses to the grievance from previous steps in the grievance process.
2. Information indicating how or in what manner the Chief of Police abused their discretion, if an abuse of discretion is alleged.
D. Within fifteen (15) calendar days after receipt of the grievance, the City Manager or designee shall schedule a meeting with the sworn, management police employee and/or their designated representative. The date, time, and location of the meeting shall be acceptable to both parties, and shall be scheduled so as to accommodate those individuals whose presence may be required at the meeting.
E. The City Manager or designee may conduct such activities as are necessary and appropriate to properly resolve the employee’s grievance.
F. The City Manager or designee shall submit a written response to the sworn, management police employee within fifteen calendar days after meeting with the sworn, management police employee, or within fifteen (15) calendar days after completing their investigation.
Section 12.06 - Extension or Waiver of Time Limits. Any of the time limits contained in this grievance procedure may be extended or waived upon mutual agreement of the City and the employee or their representative.
Section 12.07 - Conduct of Grievance Procedure.
A. An employee may be represented by a person of their choosing at any step of the grievance procedure.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 33 B. Sworn, management police employees shall be assured freedom from reprisal for utilizing the grievance procedure.
C. Proceedings held pursuant to this grievance procedure shall not be evidentiary hearings. This limitation shall not preclude the grievant from presenting witnesses or other evidentiary matter as part of the proceedings.
Section 12.08 - Interpretation of MOU. Questions regarding the interpretation and/or application of any of the provisions of this MOU shall be formally raised only by the parties to the MOU, subject to the following conditions:
A. The party raising the question of interpretation/application of the MOU shall notify the other party of the nature of the question within ten (10) working days after the matter is brought to their attention.
B. Both parties shall attempt to resolve the dispute at the supervisory or departmental level, if appropriate. If it is not possible to resolve the matter at the supervisory or departmental level, both parties shall submit a statement of the facts concerning the matter to the City Manager or designee for their findings and determination.
Section 12.09 - Appeals of Testing and Selection Procedures.
A. A sworn, management police employee who wishes to appeal a testing or selection procedure, or the results thereof, shall present their appeal to the immediate supervisor, who shall forward the appeal through the chain-of-command to the City Manager/ Human Resources Director or their designated representative. Appeals of testing or selection procedures may not be filed until the testing and selection process is completed, and shall be filed within fifteen (15) calendar days after the certification of the eligibility list. All persons who participated in the testing and selection process shall be notified of the date on which the eligibility list is certified.
B. Upon receiving an appeal of a testing or selection procedure, or the results thereof, the City Manager or designee shall investigate, or cause to be investigated, all relevant facts regarding the appeal, and shall make a determination which shall be final. Such an appeal shall not require a hearing.
C. A sworn, management police employee can only appeal a selection/testing procedure if the result would place them on the eligibility list, or change their position on this list.
An individual appealing a testing/selection procedure must have been an applicant, or would have been but for the procedure being appealed.
D. If the City Manager or designee makes a determination sustaining the appeal, and such determination results in the invalidation of all or part of the testing and selection procedure, a new recruitment shall be initiated.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 34 ARTICLE 13 - APPEALS OF DISCIPLINARY ACTIONS
Section 13.01 - General Provisions.
A. No regular sworn, management police personnel shall be disciplined unless the person imposing the disciplinary action believes, in good faith, that reasonable cause exists for imposing disciplinary action.
B. Any regular sworn, management police personnel shall have the right to appeal to the Chief of Police or designee any disciplinary action imposed on them, subject to the conditions contained in this section.
C. For purposes of this section, "Disciplinary Actions" refer to the following: oral reprimand, written reprimand, suspension (with or without pay), demotion, reduction in pay, or termination.
D. Oral reprimands may be appealed only to the next level within the chain-of-command.
E. At all times prior to and during the imposition and appeal of a disciplinary action, the City shall take whatever steps necessary to ensure compliance with procedural due process requirements. Pre-disciplinary efforts will include at a minimum, and where appropriate, notice to the employee of the intent to take disciplinary action, a description of the action proposed to be taken, a statement of reasons on which the action is based, copies of material on which the notice is based, the opportunity to be heard prior to the rendering of a decision and a statement of the right to appeal.
Section 13.02 - Appeal Procedures.
A. Disciplinary action imposed against an employee may be appealed for any of the following reasons:
1. A disagreement or dispute over the facts giving rise to the imposition of disciplinary action.
2. Abuse of discretion by the supervisor imposing discipline, or by a reviewing authority. Abuse of discretion includes, but is not limited to: exceeding or acting without authority, denying a sworn, management police employee procedural due process, or imposing discipline that is not warranted in either type or degree by the alleged offense.
B. Appeal of a disciplinary action must be filed with the Chief of Police or designee within fifteen (15) calendar days of the date the disciplinary action was imposed.
C. Appeal of a disciplinary action must be in writing, and must include, as a minimum, the following:
1. If the employee is alleging a disagreement over facts, a statement regarding what facts, if any, are in dispute. If there is no dispute over the facts, the appeal should so state.
2. If the sworn, management police employee is alleging abuse of discretion by the
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 35 supervisor who imposed disciplinary action on them, a statement setting forth the manner in which the supervisor imposing the disciplinary action abused their discretion. Specifically, the statement must show that the supervisor has exceeded or acted without authority, that the sworn, management police employee was denied procedural due process; or that the disciplinary action imposed was not warranted by the facts of the situation.
3. The remedy being sought by the sworn, management police employee.
D. Upon receiving an appeal of a disciplinary action, the Chief of Police or designee shall first determine whether or not the appeal is timely and whether it complies with Sections 2.C.1, 2, and 3. If not, the appeal shall be denied on the basis of one or more of the following:
1. The appeal was not filed in a timely manner, pursuant to Section 13.02B.
2. The appeal does not allege a dispute over the facts or abuse of discretion.
3. The appeal does not state the remedy sought.
E. If the appeal is timely and complies with Sections 13.02.C.1, 2, and 3, the Chief of Police or designee shall take the necessary steps to determine the merits of the appeal. Included in such steps will be the opportunity for the sworn, management police employee and/or their designated representative to meet with the Chief of Police and to review any evidence which supports the disciplinary action.
F. Within five (5) working days after completing their analysis of the appeal, the Chief of Police or designee shall notify the sworn, management police employee in writing of their decision and the reasons therefor.
Section 13.03 - Appeal to the City Manager.
A. The decision of the Chief of Police or designee may be appealed to the City Manager or designee within fifteen (15) days after the Chief of Police or designee’s decision is rendered. Upon receiving such an appeal, the City Manager or designee shall proceed in the same manner as outlined in Section 13.02D.
B. If the disciplinary action imposed involves a significant property right, a sworn, management police employee shall be assured the right to a formal hearing, unless such right is specifically waived by the employee. If the disciplinary action does not involve a significant property right, the City Manager or designee may conduct a formal or informal hearing.
C. Within fifteen (15) calendar days after completing the investigation of the appeal, the City Manager or designee shall notify the employee in writing of their decision and the reasons therefor. The decision of the City Manager or designee shall be final, except as provided in Section 2.52.200 of the Fountain Valley Municipal Code.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 36 ARTICLE 14 - MANAGEMENT RIGHTS
Except as otherwise specifically provided in this MOU, the City has and retains the sole and exclusive rights and functions of management, including, but not limited to, the following:
A. To determine the merits, necessity, nature, or extent of services to be performed, as well as the right to determine and implement its public function and responsibility, and the mission of its constituent departments, commissions, and boards, and to determine budgets and appropriations of funds and to set municipal fees and charges.
B. To manage all facilities and operations of the City, including the methods, means and personnel by which the City's operations are to be conducted.
C. To schedule working hours, allot and assign work.
D. To establish, modify, or change work schedules or standards.
E. To direct the working forces, including the right to hire, promote, demote, or transfer any employee.
F. To determine the location of all plants and facilities.
G. To determine the layout and the machinery, equipment, or materials to be used.
H. To determine processes, techniques, methods, and means of all operations, including changes or adjustments of any machinery or equipment.
I. To determine the size and composition of the working force.
J. To determine the policy and procedure affecting the selection or training of new employees.
K. To establish, assess and implement employee performance standards, including, but not limited to, quality and quantity standards; the assessment of employee performances; and the procedures for said assessment.
L. To control and determine the use and location of City's property, material, machinery, and equipment.
M. To schedule the operation of and to determine the number and duration of shifts.
N. To determine measures to promote safety and to protect health and property.
O. To transfer work from one job to another or from one plant or unit to another.
P. To introduce new, improved, or different methods of operations, or to change existing methods.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 37 Q. To relieve employees from duty for lack of work or for other reasons deemed legitimate by management.
R. To reprimand, suspend, discharge, or otherwise discipline employees for cause. The judgment of management shall govern except for an abuse of discretion.
S. To establish and determine job classifications.
T. To contract or subcontract construction, services, maintenance, distribution or any other work with outside public or private entities.
U. To take such other and further action as may be necessary to organize and operate the City in the most efficient and economical manner for the best interest of the public it serves.
ARTICLE 15 - GENERAL PROVISIONS
Section 15.01 - Maintenance of Benefits. It is understood that existing ordinances, resolutions and policies with the City govern matters pertaining to employer-employee relations, including but not limited to, salaries, benefits, hours, and other terms and conditions of employment and the same are not affected by this agreement except as specified herein.
Section 15.02 - Severability. In the event that any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable, or is rendered void by virtue of statutory or legislative enactment, that provision of the MOU shall be null and void, but such nullification shall not affect any other provision of this MOU, which other provisions shall remain in full force and effect.
Section 15.03 - Integration, Modification and Ratification. Except as expressly provided herein, this MOU sets forth the entire agreement of the parties with respect to improvements or changes in the wages, hours, benefits and other terms and conditions of employment for the POMU for the term of this agreement. This MOU may be modified or amended only by written agreement between the parties hereto. This MOU shall be of no force and effect unless or until duly adopted, ratified, and approved by the City Council of the City of Fountain Valley, or in the alternative, the substantive provisions hereof are adopted by resolution of the City Council.
If, during the course of negotiations with the Police rank and file (FVPOA), fringe benefits, excluding salary or formula, are changed and the POMU has not specifically negotiated these items, conditions, etc., the City and POMU mutually agree to meet and confer within a reasonable period of time to discuss only those benefits which have been changed.
Section 15.04 - Term. The term of this MOU shall be for a period beginning July 1, 2024 and ending June 30, 2027.
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 38 IN WITNESS WHEREOF, the parties hereto executed this Memorandum of Understanding on July 16, 2024.
APPROVED AS TO FORM:
By
Colin Burns, Attorney for the City
CITY OF FOUNTAIN VALLEY
By
Maggie Le, City Manager
FOUNTAIN VALLEY PEACE
OFFICERS’ MANAGEMENT UNIT:
By
Anthony Luce
By
Steven DeSantis
By
Jarrod Frahm
By
Khamphong Vang
By
Michael Parsons
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 39 EXHIBIT 1
ESTABLISHED SALARY RANGES
EFFECTIVE THE PAY PERIOD ENDING
JULY 5, 2024
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Police Lieutenant $12,158.59 $12,766.52 $13,404.84 $14,075.08 $14,778.84 Bi-weekly rate $5,611.66 $5,892.24 $6,186.85 $6,496.19 $6,821.00 Hourly Rate $70.1458 $73.6530 $77.3356 $81.2024 $85.2625 Police Captain $13,872.91 $14,566.55 $15,294.88 $16,059.62 $16,862.60 Bi-weekly rate $6,402.88 $6,723.02 $7,059.17 $7,412.13 $7,782.74 Hourly Rate $80.0360 $84.0378 $88.2396 $92.6516 $97.2843
EFFECTIVE THE PAY PERIOD ENDING
JULY 4, 2025
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Police Lieutenant $12,644.93 $13,277.18 $13,941.04 $14,638.09 $15,369.99 Bi-weekly rate $5,836.12 $6,127.93 $6,434.32 $6,756.04 $7,093.84 Hourly Rate $72.9515 $76.5991 $80.4290 $84.4505 $88.6730 Police Captain $14,427.82 $15,149.21 $15,906.67 $16,702.01 $17,537.11 Bi-weekly rate $6,658.99 $6,991.94 $7,341.54 $7,708.62 $8,094.05 Hourly Rate $83.2374 $87.3993 $91.7693 $96.3578 $101.1756
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 40 EFFECTIVE THE PAY PERIOD ENDING
JULY 3, 2026
CLASSIFICATION STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Police Lieutenant $13,150.73 $13,808.26 $14,498.68 $15,223.61 $15,984.79 Bi-weekly rate $6,069.57 $6,373.04 $6,691.70 $7,026.28 $7,377.60 Hourly Rate $75.8696 $79.6630 $83.6463 $87.8285 $92.2200 Police Captain $15,004.93 $15,755.18 $16,542.94 $17,370.09 $18,238.59 Bi-weekly rate $6,925.35 $7,271.62 $7,635.20 $8,016.96 $8,417.81 Hourly Rate $86.5669 $90.8953 $95.4400 $100.2120 $105.2226
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 41 EXHIBIT 2
PHYSICAL FITNESS/WELLNESS PROGRAM
Section 1 - Performance Testing. For the purposes of physical fitness testing, two (2) areas of physical ability will be evaluated:
A. Cardiovascular fitness
B. Body Strength
The tests used in this program to evaluate fitness in these areas shall be:
A. Cardiovascular Fitness
1. Ten (10) minutes of cardio
2. Twenty (20) jumping jacks
B. Body Strength
1. Twenty (20) Push-ups
2. Twenty-five (25) Crunches
3. Twenty (20) Lunges
Section 2 - Cardiovascular Fitness. Cardiovascular endurance is the measurement of the rate at which a person can utilize metabolic reactions requiring oxygen to create energy.
Problems such as high blood pressure, heart and pulmonary congestion, obesity, etc., are the major contributors to premature retirement of Police Officers.
Testing for cardiovascular fitness is completed by the use of a lifecycle. The sworn, management police personnel employee shall be required to ride the lifecycle for ten (10) minutes on the basic "Hill Profile Program."
Section 3 - Body Strength. Body strength contributes to the sworn, management police personnel’s ability to control suspects and other physical demands made on them in their work environment, while avoiding the possibility of injury. This test will be administered through the use of push-ups, crunches, and lunges.
A. Push-ups
The participant shall maintain their body in a prone position, supported by straight arms with hands resting on the ground, and with toes resting on the ground. The administrator shall place their fist on the ground below the participant's chest. The participant must keep their back straight at all times, and from the up position, lower
Peace Officers’ Management Unit July 1, 2024 – June 30, 2027 42 themselves to the floor until their chest touches the administrator's hand. Once the participant touches the administrator's hand with their chest, the participant shall then push themselves to the up position; attain, and repeat the process for the required number of times. The participant may rest in the up position.
B. Crunches
The participant shall begin by lying down on their back, knees bent, heels flat on the floor and arms folded across the chest. A partner shall hold the feet down. In the up position, the participant shall touch their elbows to their knees and then return to the lying position before starting the next crunch. This is a continuous exercise, with no resting.