AGREEMENT
BETWEEN THE CITY OF FULLERTON AND THE
FULLERTON POLICE MANAGEMENT ASSOCIATION
FOR THE PERIOD JANUARY 3, 2015 JULY 1, 2022 TO JUNE 30, 2019 2024
ARTICLE 1: INTRODUCTION
This Agreement is made and entered into by the City of Fullerton (hereinafter referred to as the “City”) and the Fullerton Police Management Associati on (hereinafter referred to as the FPMA or the Association). The Association is the recognized majority representative of employees in the classifications of Police Lieutenant and Police Captain (hereinafter collectively referred to as “affected employees”).
Pursuant to City Council Resolution 5145 (which pertains to employer-employee relations) and California Government Code §3500, et seq., authorized representatives of the City and the Association have met and conferred in good faith concerning compensation, hours and other terms and cond itions of employment of affected employees and have reached an Ag reement that shall be submi tted to the City Council for approval. Following approval, it shall be implemented by action of the Council or City Manager by appropriate ordinances, resolutions or other directives.
Therefore, the City and the Association agree that upon approval by the City Council the compensation, hours and other terms and condi tions of employment for affected employees shall be as follows:
ARTICLE 2: TERM – EFFECTIVE DATES
The term of this Agreement shall be from January 3, 2015 July 1, 2022 to June 30, 2019 2024.
The effective date of each Article is January 3, 2015 July 1, 2022 unless otherwise stated herein.
ARTICLE 3: MAINTENANCE OF EXISTING BENEFITS
Except as provided herein, all compensati on, hours and other terms and conditions of employment within the lawful scope of representation of the Association presently enjoyed by affected employees shall remain in full force and effect during the term of this Agreement.
ARTICLE 4: SEPARABILITY
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If any part or provision of this Agreemen t is rendered or decla red invalid by any subsequently enacted legislation or by any decree of any court of competent jurisdiction, the remaining portions shall continue in full force and effect. The parties shall meet-and- confer on any portion so invalidated.
ARTICLE 5: CITY REVENUES
The Association shall encourage its members to live and shop in Fullerton in an effort to increase the revenue available to the City.
ARTICLE 6: SCHEDULE OF BASE SALARY RATES AND
ALLOCATION OF CLASSES TO SALARY RANGES
A. The Schedule of Base Salary Rates and the Allocation of Classes to Salary Ranges areis contained in Appendices A1 through A4 Appendix A.
A. Base salary rates shall be adjusted by an across-the-board increase of 5.25% effective July 9, 2022.
A.
The following across-the-board in creases shall be effective during the term of this Agreement.
Effective the first full pay period in January 2016: 9%.
Effective the first full pay period in January 2017: 2%.
Effective the first full pay period in January 2018: 2.5%.
B. The City will add Steps 6, 7, and 8 to the current salary ranges, consistent with the structure for the Fullerton Po lice Officers’ Association (FPOA) - Police Safety Unit. Newly added Step 6 shall be set at 5% above Step 5, Step 7 shall be set at 5% above Step 6, and Step 8 shall be set at 3.5% above Step
7. C. Effective July 9, 2022, the following sh all determine the initial step placement and subsequent step advancement fo r bargaining unit members within the new salary ranges.
1. Incumbent Police Captains shall re main at Step 5. Thereafter, the Police Captain with a promotion da te of August 7, 2021, shall be eligible to progress to Step 6 effective July 8, 2023, and the Police Captain with a promotion date of March 20, 2021 shall be eligible to advance to Step 6 on March 18, 2023. Future step increases shall be in accordance with established personnel rules.
2. Incumbent Police Lieutenants with promotion dates in 2021 and 2022 shall remain at Step 5. Thereafter, the Police Lieutenant with a Fullerton Police Management Association Page 3
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promotion date of April 17, 2021, shall be eligible to progress to Step 6 effective April 15, 2023, and the Po lice Lieutenant with a promotion date of August 7, 2021, shall be eligible to progress to step 6 effective July 8, 2023. Remaining Police Lieutenants with a 2022 promotion date shall be eligible to advance to Step 6 on their applicable increase review dates in 2023. Future st ep increases shall be in accordance with established personnel rules.
3. Incumbent Police Lieutenants wit h promotion dates in 2018 and 2019 shall be placed at Step 6 effecti ve July 9, 2022. Thereafter, the increase review dates for these Poli ce Lieutenants shall be adjusted and made in accordance with established personnel rules, using July 9, 2022, as the basis for future step increases.
DB. When an employee is promoted into a Police Management classification, he/she shall be advanced to the lowest step in the appropriate salary range which provides not less than a 5% increase from hi s/her current base salary rate plus education and career development incentive pay, if any, to his/her new base salary rate plus educational incentive pay, if any.
ARTICLE 7: VEHICLE USE
Police Captains shall be au thorized a City vehicle under the provisions of City Administrative Policy No. 7. The Chief of Police may grant exceptions to that policy.
ARTICLE 8: OVERTIME
Police Captains and Police Lieutenants are exem pt from the Fair Labor Standards Act (FLSA).
At the sole discretion of the Chief of Police, Police Lieutenants may on occasion be compensated for hours worked outside their norma l work shift at a rate of one and one- half (1½) times their regular rate of pay. Such compensation shall only be paid for those occasions that the Chief of Police provides prior written authorizat ion. Discretion for determining eligible overtime hours may not be delegated to any position below the rank of Chief of Police. The Association ack nowledges and agrees that this compensation is provided under the terms of this Agreement only, not under the FLSA. Further, the Association acknowledges and agrees that the intent of this provision is to provide limited overtime compensation only fo r those instances determined appropriate by the Chief of Police.
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ARTICLE 9: BILINGUAL PAY
An employee shall be eligible to receive $100 biweekly if the following conditions are met:
1. The employee is required, as part of his/ her regular public contact duties, to speak and/or translate by reading/writing one or more languages other than English.
2. The employee must pass a language skills test approved or administered by the City.
ARTICLE 10: EDUCATION INCENTIVE PROGRAM
A. Objective
The education program is designed to encourage employees to continue their career development by enrolling in approved classroom courses which will:
1. Educate them in new conc epts and methods in their occupational field and prepare them to meet the changing demands of their job.
2. Help prepare them for adv ancement to positions of greater responsibility with the City.
To meet these objectives, the program is made up of two parts:
1. Tuition Reimbursement - Reimbursement of fees for tuition, registration and reading materials for eligible courses.
2. Education Incentive Pay - A percent age payment based upon the completion of a degree or equivalent units of study in specified majors.
B. General Guidelines
1. The Director of Human Resources or his/her appointed representative shall:
a. Review written applications submi tted under this program by employees through the Chief of Police.
b. Grant approval by cert ifying the acceptability of majors, courses and expenditures, or suggesting those courses which will qualify the employee for education pay/tuition reimbursement.
c. Consult with department heads and school authorities on the development and establishment of criteria and standards.
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d. Render a decision on an application fo r tuition reimbursement or educational incentive pay within 60 days from t he date the application was received in Human Resources.
2. If approval is denied, the employee may submit a written appeal within 30 days to an education review committee consisting of three members appointed by the City Manager. The decision of the committee sha ll be final and binding on all parties, subject to their right to seek judicial review, and the decision shall not be subject to the grievance procedure set forth in Article 310.
C. Eligibility
1. All regularly appointed empl oyees are eligible to receive tuition reimbursement.
Courses must commence after appointment; be in excess of the educational standards for the classification (as noted in the class specification) and not be taken to acquire skills, knowledge and abilities which the employee was deemed to have when appointed to the classification. An example of this would be college or university courses when t he specification for the cla ssification calls for high school graduation.
2. Courses must be approved by one of the six regional accreditation associations recognized by the Council for Higher Educationon Post Secondary Accreditation.
Credits for non-classroom assignments, such as life experience, military training, and professional training are not eligible for tuition reimbursement. These courses will be considered eligible for educat ional incentive pay when receiving compensation for an approved completed degree.
3. A course must be: 1) related to the empl oyee's current classification; 2) related to a City classification to which the em ployee may reasonably expect promotion within five years of completing his/her educational objective; or 3) required for the completion of the pre-approved job-rela ted major. An ex ample of the third requirement would be general education or elective requirements for the major as stated in the school catalog.
4. Courses shall not duplicate training wh ich the employee has already had or which is to be provided in-house unless approval has been granted by the Chief of Police and the Human Resources Department.
5. Courses related to the use of Cit y-approved computer equi pment purchased by the employee may be authorized under the tuition reimbursement program if pre- approval is granted before commencement of a non-accredited class.
6. Courses cannot be taken on City time. T he employee must certify that all courses submitted for approval are taken on his/her off-duty time.
7. To certify eligibility, a fully completed pre-approval form shall be submitted to the Chief of Police and to Human Resources before the course begins.
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D. Reimbursement
1. A tuition reimbursement request form mu st be submitted within three months of completion of the approved course. A minimum final grade of "C" or its equivalent is required for reimbursement. A pass in a pass/fail course will be considered equivalent to a "C" for reimbursement purposes only. No reimbursement shall be made for audited or incomplete courses.
2. Employees shall be reimbursed for tu ition and any fees and reading materials required by the academic institution for the eligible courses. Expenses for parking, travel, lodging, meals, transcript fees, materials and any other costs are not reimbursable.
3. Employees shall be reimbursed up to t he dollar amount charged for the same number of units per term by California State University, Fullerton, except that those enrolled in University of California c ourses shall be reimbursed up to the dollar amount charged for the same number of units by the UC campus attended.
4. In all cases, there shall be a maximum re imbursement of $2,500 per fiscal year for courses taken during that fiscal year. The difference between the City's maximum obligation during any fiscal year and the total amount of actual reimbursement received by the employee during that fiscal year shall not be ca rried over or be available for use by the employee in any subsequent fiscal year.
5. Employees must submit a bona fide cert ification of major, fees paid and grade achieved from the attendant institution to have t heir reimbursement request considered. These documents must accompany the reimbursement request form.
6. Upon separation from employment, empl oyees shall reimburse the City for any funds received under this program for courses completed during the last 12 months of employment. This payback provision does not apply to employees who receive a service or disability retire ment (as defined in Article 1 65B), who are laid off by the City, or who separate as a result of a City/departmental reorganization.
E. Education Incentive Pay
1. Qualifying employees in all classifications shall be eligible for Educational Incentive Pay upon meeting designated criteria:
a. Currently employed full time, with a mi nimum of one year current, continuous full-time service as an employee of the City.
b. Meets the requirements listed under Eligibility.
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c. Any employee who has met all the eligibility requirements may receive incentive pay under this section for educ ation completed prior to employment with the City.
d. Compensation shall be paid to all qualif ying employees effe ctive the first day of the pay period following approval.
2. Compensation
Payment of 7.25% of the bottom step of a Police Lieutenant’s base salary rate shall be awarded for a B.A. or B.S. degree.
ARTICLE 11: LONGEVITY PAY
Effective July 9, 2022, an employee shall be eligible for 3% longevity pay the first full pay period after the employee completes their 5th year and begins their 6th year of City employment. Effective July 8, 2023, this longevity pay benefit shall be increased to 6%.
ARTICLE 11 12: UNIFORM ALLOWANCE
Employees required by the Police Department to maintain uniforms shall receive $31.60 biweekly for this purpose.
ARTICLE 12 13: CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)
The Association acknowledges and agrees that the City mu st abide by the Public Employees’ Pension Reform Act of 2013 (PEPRA).
A. For unit employees hired as police safety members before December 23, 2012, the City's contract with CalPERS shall include the following options:
1. 3% at 50 -benefit formula (Cal. Gov. Code §21362.2).
2. One-Year Highest Compens ation (Cal. Gov. Code §20042).
3. Post-Retirement Survivor Allowa nce (Cal. Gov. Code §§21624 and 21626).
4. Fourth Level of 1959 Survivor Benefits (Cal. Gov. Code §21574).
5. Military Service Credit option (Cal Gov. Code §21024), in which the employee pays the entire cost.
6. Pre-Retirement Optional Settlement 2 Death Benefit (Cal. Gov. Code §21548).
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B. For unit employees hired as police safety members on or afte r December 23, 2012, the City's contract with CalPERS shall include the following options:
1. For employees who are not consider ed “new members” as defined under the Public Employees’ Pension Reform Ac t of 2013 (Cal. Gov. Code §7522 - §7522.74), hereinafter PEPRA
a. 3% at 55 benefit formula (Cal. Gov. Code §21363.1).
b. Final Compensation shall be calculat ed on the average of the highest three consecutive years, based on the provisio ns of California Government Code §20037.
2. For employees hired on or after Januar y 1, 2013, who are “new members” as defined under PEPRA:
a. 2.7% @ 57 benefit formula (Cal. Gov. Code §7522.25)
b. Final Compensation shall be based upon the average of highest paid 36 consecutive months based on the provis ions of California Government Code §7522.32.
c. Post-Retirement Survivor Allo wance (Cal. Gov. Code §§21624 and 21626).
d. Fourth Level of 1959 Survivor Benefits (Cal. Gov. Code §21574).
e. Military Service Credit as Public Se rvice (Cal. Gov. Code §21024), in which the employee pays the entire cost.
f. Pre-Retirement Optional Settlement 2 Death Benefit (Cal. Gov. Code §21548).
C. Employer-Paid Member Contributions
The City shall pay the CalPERS normal member contribution (as defined in §20677 et seq. of the California Gove rnment Code) into each em ployee's CalPERS account, pursuant to §20691 of the California Government Code. This payment will be included within the employee's compensation earnable that is reported to CalPERS, pursuant to §20636C.4 of the California Government Code.
This employer-paid member contribution shall not be considered base salary, and is not taxable income, pursuant to Section 414H.2 of the Internal Revenue Code.
However, should any state or federal agency alter the current income tax treatment of such payment, the consequences of such action shall be the sole responsibility of the affected employees and shall in no way alter any obligation of the City toward such employees.
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As mandated by PEPRA, each employee meeti ng the definition of “new member” as defined under Government Code §7522.04(f) shall contribute his/her full member contribution of fifty percent (50%) of the normal cost as determined by CalPERS. (Cal.
Gov. Code §7522.30) This c ontribution shall be made by way of payroll deductions.
New members are not eligible for Employer Paid Member Contributions.
D. The City shall pay the 1959 Survivor B enefit premium for affected employees.
E. Cost Sharing
Employees under the 3% @ 50 benefit formu la shall contribute 9.252% of their compensation earnable (as defined in Go vernment Code §20636) toward the employer contribution rate, and police sa fety members who are hired under the 3%@55 benefit formula shall contribute 9. 0%. The City has amended its contract with CalPERS to implement the provisions of California Government Code §20516(a), to provide that the greatest portion possible of the contribution shall be made pursuant to that section, with the balance of the contribution made pursuant to Government Code Section §20516(f). In the event of a change in t he law or legal determination that any portion of the employee contribution toward the employer rate is not allowable as agreed, the employer-paid member cont ributions shall be reduced by whatever portion is not allowable and the parties shall meet and confer to determine the appropriate modifications of benefits to offset this change.
It is further provided that should legisl ation be enacted that r equires employees pay any portion of the required me mber contribution, then the City shall take whatever action is necessary to reduce the amount of the employee pick- up of the employer contribution by the amount of the required payment by t he employee of the member contribution.
New members under PEPRA shall not pay the cost sharing under this section.
ARTICLE 13 14: SOCIAL SECURITY
In the event the City and its em ployees are required to partici pate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or "pick up" any portion thereof.
ARTICLE 14 15: MEDICARE
Employees hired by the City on or after April 1, 1986 s hall be required to pay the designated employee contribution to participat e in the Medicare Program and the City shall be under no obligation to pay or "pick up" any such contributions.
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ARTICLE 15 16: HEALTH INSURANCE
A. Contributions - Employees
1. Each employee shall cont ribute the following monthly amounts toward the payment of premiums effective January 1, 2015 for employees and their dependents under the existing program (or a new program pr oviding substantially similar coverage and benefits mutually agreed upon by the City and the Association):
Blue Cross CalCare Kaiser
Single $540.38 $44.08 $44.08
Two-Party $1,217.88 $91.62 $91.62
Family $1,773.50 $142.30 $142.30
2. If there are any Blue Cross Prudent Buyer premium rate decreases, the parties shall meet-and-confer on that subject only.
For each year thereafter, any increases in the Blue Cross (Anthem) Prudent Buyer, CalCare or Kaiser premium rates shall be divided equally between the City and the employee. Except that effective January 1, 2017, the Blue Cross (Anthem) Prudent Buyer and the CalCare HMO plans shall be amended to include the same changes as implemented for the Fullerton Police Officers’ Association for the 2016 coverage year and increases to employee contributions for the 2017 coverage year shall be calculated on an amount that would have been the employee contribution in 2016 had the plan changes been made in 2016.
1. The City shall contribute the following monthly amounts toward the payment of premiums for employees and thei r dependents under the existing programs (or a new program providing substantially similar coverage and benefits mutually agreed upon by the City and the Association) for coverage in effect on July 1, 2022:
Cigna HSA
3000
Cigna HMO
Full Network
Cigna HMO
Select
Network
Kaiser
Single $778.11 $715.57 $600.93 $563.65
Two-Party $1,640.13 $1,503.52 $1, 267.93 $1,125.28
Family $2,212.47 $2,136.54 $1, 742.77 $1,580.00
3. The City may reopen this Agreement on the issue of health insurance benefits, to negotiate changes to the health insurance benefits, including but not limited to, insurance plans provided and contributions made by the City or employees, in the event necessary to avoid penalties under the Affordable Care Act or applicable regulations and their interpretation by the federal government.
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4. During the term of this agreement, t he City or Association may reopen this Agreement to meet and confer on potential changes to Article 15 to be effective on or after January 1, 2017. The parties recognize that The Segal Company was retained in 2016 by the City to analyze the impact of potential changes in preparation for this reopener.
2. Premium increases for the Cigna and Kaiser plans effective January 1, 2019 and thereafter shall be divided equally between the City and the employee.
3. The parties agree that during the term of this agreemen t, should the City provide the FPOA an option to convert to the CalPERS medical program, the City shall provide the FPMA the same option, with the same contributions provided to the FPOA.
B. City Contributions - Retirees
1. For each person regularly employed for 20 cumulative years or more who retires subsequent to June 30, 1998 the City shall pay the same contribution provided to active employees for employee-only co verage under the City health plan chosen by the employee, provided, however, for persons hired by the City on or after January 1, 2012, the maximum monthly c ontribution paid under this paragraph shall be Two Hundred Dollars ($200.00). With respect to an employee who retired between January 1, 1985 and June 30, 1998 the City shall pay 100% of the employee-only premium.
For each person regularly employed for ten or more cumulative years, but less than 20, and who retires subsequent to Ju ne 30, 1998 the City shall pay 50% of the contribution provided to active empl oyees for employee-only coverage under the City health plan chosen by the employee, provided, however, for persons hired by the City on or after January 1, 2012, the maximum monthly contribution paid under this paragraph shall be One Hundred Dollars ($100.00). With respect to any such employee who retired between January 1, 1985 and June 30, 1998 the City shall pay 50% of the employee-only premium.
2. "Retiree" shall mean only those fo rmer employees who receive a CalPERS retirement allowance that has been in effect since the day after official separation from City employment.
3. This obligation to pay health insurance premiums shall end at such time as the retiree reaches age 67 or becomes eligible to enroll, automatically or voluntarily, in Medi-Cal or Medicare, whichever occurs first.
4. A retiree desiring to have health insu rance coverage for him/herself or for dependents shall remit to the City a check for the amount of the premium less the City contribution no later than the 15th of the month preceding the effective month of coverage.
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5. The City will reimburse retirees who live out-of-state for the actual cost of procuring comparable health insuranc e in an amount not to e xceed what the City would otherwise be obligated to pay on behalf of the retiree pursuant to this paragraph B for single-party Blue Cross coverage. This reimbursement shall have no cash value to the retiree.
5. C. Single-Party In-Lieu Pay (SPIL)
1. Except as provided in paragraphs 2 and 3, each employee with “single-party only” coverage under a City health insurance plan shall receive $30 per pay period. In addition, the City shall contribute into the deferred compensation account of each such employee an amount equal to $39.23 per pay period.
2. The following employees with “si ngle-party only” coverage under the Blue CrossCigna plan shall not be eligible to rece ive the payments (totaling $69.23) described in the preceding paragraph:
a. Persons regularly appointed on or after August 11, 1995 and,
b. Persons regularly appointed prior to August 11, 1995 who 1) have “2-party” or “family” coverage under the Blue Cross plan as of that date; and, 2) later elect to convert to “single-party only” coverage under the Blue CrossCigna plan.
3. Persons regularly appointed prior to A ugust 11, 1995 who, as of that date, have “2-party” or “family” coverage under Blue Cross, and who elect to receive “single- party only” coverage under a plan other than Blue CrossCigna shall still be eligible to receive the above payment s. Likewise, persons r egularly appointed prior to August 11, 1995 who, as of that date, have “single-party only” Blue CrossCigna coverage, will continue to receive the above payments even if they convert at a later date to either “2-party” or “family” Blue CrossCigna coverage and then later return to “single-party only” Blue CrossCigna coverage. Such employees will not receive the above payments during the period they are not receiving “single-party only” coverage.
4. A person regularly appoi nted on or after August 11, 1995 who is not on the Blue CrossCigna plan and subsequently switches to Blue Cross Cigna “single-party only” coverage shall not be eligible for Single-Party In-Lieu pay.
5. Employees appointed on or before Augus t 11, 1995 who “opt out” under the provisions of paragraph E below are not eligible for Single-Party In-Lieu pay if they re-enroll in a City health plan.
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6. Any employee first hired by the City after January 30, 2018 shall not be entitled to any payments of any kind under subsection (C) of Article 16 of this MOA.
5. D. Married Employee Couples
One member of a married employee couple may elect to "opt-out" of the group medical plan on a voluntary basis. T he City will then pay the two-party or family premium for the covered spouse, dependi ng on the number of dependents covered. The other spouse will receive a cash payment of 50% of the City's reduced cost, not to exceed $50.00 per pay period. If either spouse was first hired by the City after January 30, 2018, neither spouse shall be entitled to any payments of any kind under subsection (D) of Article 16 of this MOA.
E. Opt Out
An employee eligible for the “Married Employee Couples” benefit described above is not eligible for the Opt-Out benefit.
1. An employee may "opt out" of the Cit y's medical plan under these conditions:
a. The employee must sign a document st ating his/her desire to waive medical insurance.
b. The employee must provide proof of other group coverage, which shall be confirmed by the City each year prior to open enrollment.
c. The employee may only re-enroll dur ing 1) annual open enrollment, or 2) upon loss of coverage in accordance with the underwriting guidelines for each of the City's health plans. Re-enrollment in the Blue CrossCigna Prudent Buyer plan may be subject to pre-existing conditions, if established by the provider.
2. The employee will then receive a cash payment equal to 50% of the City’s reduced cost, including SPIL Pay, if any. T he minimum payment shall be $50 per pay period, and the maximum shall be $100 per pay period.
F. PORAC Retiree Medical Trust
The City agrees that FPMA may enter into a contract to implement the PORAC Retiree Medical Trust (Trust), at the time of its choos ing during the term of this MOA, that requires FPMA members to contribute a set equal amount per group (e.g., Classic employees or new members) each pay period on a pre-tax basis. The City shall have no liability related to FPMA’s contract with PORAC. The City’s role will be to process payroll deductions as FP MA directs for the Trust. The FPMA Fullerton Police Management Association Page 14
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shall indemnify and hold the City harmless with regard to this provision of the Agreement and any and all issues related to the Trust.
1. The City shall make bimonthly contri butions in the amounts specified herein to the Trust on behalf of each eligible employee.
2. Eligible employees shall be tho se FPMA members who are on the City payroll at the scheduled time of each contribution. At such time an employee separates from the City, goes on unpaid leave, or ceases to be a member of the FPMA, the City will no longer have the obligation to make this contribution unless required by law.
3. The City contributions shall be in the amount of $50.00 per pay period for each of the first two pay days in each month of the year. For any month including a third pay day, no contributions are required or shall be made.
4. The FPMA shall pay any and all associated expenses, beyond the City contributions agreed to herein, that are required for or incurred due to the FPOA’s participation in the Trust.
5. The FPMA acknowledges and agrees th at the City’s agreement to make contributions to the Trust does not cons titute a guarantee of the Trust and that the City’s sole obligation under this provision sha ll be to make the bimonthly payments.
6. The FPMA agrees that it will indemnify and hold harmless the City, its elected and appointed officers, assigns, agen ts, and employees from and against any claims, lawsuits, pena lties, interest, taxes, or liability of any kind whatsoever, which may result from the FPOA’s participation in the Trust.
7. Substitution of an alternate similar program for the Trust shall require prior City approval
ARTICLE 176: REIMBURSEMENT ACCOUNT PROGRAM
The City's Reimbursement A ccount Program shall be made available to affected employees.
Pursuant to said program, an employee may request that eligible expenses be paid or reimbursed by the City out of his/her account, with the em ployee's base salary being reduced by the amount of any such payments or reimbursements.
Each employee with a payroll deduction for medical and dental insurance premiums shall have his/her salary reduced by the amount of those deductions, on a before-tax basis.
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ARTICLE 187: LIFE INSURANCE
The City shall provide group term life insur ance equal to annual base salary for each employee. Each employee may purchase additional City group term life insurance.
ARTICLE 198: DENTAL INSURANCE
The City shall pay up to an amount equal to the family premium rate for the prepaid dental plan for employee and dependent coverage under any group dental insurance plan administered by the City.
A retiree (as defined in Article 165B) and his/her eligible dependents may subscribe to a City dental plan by paying the full premium for the coverage chosen. A retiree desiring to have dental insurance coverage for him/herself or for dependents shall remit to the City a check for the amount of the premium no later than the 15th of the month preceding the effective month of coverage.
ARTICLE 2019: VISION INSURANCE
The City shall provide vision care insur ance to employees on the Blue Cross Prudent Buyer and CaliforniaCare medical plans, an d to any dependents t hey have enrolled on the Blue Cross Prudent Buyer or CaliforniaCa re medical plan, and pay the lesser of the premium for such coverage or $24.88 per month.
The City shall provide vision care insu rance to employees on the Cigna medical plans, and to any dependents they have enrolled on said plans, and pay the lesser of the premium for such coverage or $24.88 per month.
ARTICLE 210: SELF-INSURANCE/OTHER
The City shall have the right to provide all or any portion of the benefits presently available under any existing health, dental, or vision pl an through a self-insurance program, or, in the case of vision insurance, via a contract with a direct provider ; however, the election of such option shall not c ause affected employees to suffer any loss of benefits or coverage.
A medical advisory committee, to include representatives of the four major employee organizations, has been established. The Committee shall meet with City representatives at least four times per year. This Committ ee's functions shall include analysis of plan coverage and cost containment opportunities, the review of alternative approaches to medical insurance, and communications to and from employees for the purpose of providing reasonably priced medical care. Committee recommendations shall be developed with a view toward including them in this Agreement.
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ARTICLE 221: CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
Employees not entitled to benefits under Article 165B who are allowed to remain on a City health or dental insurance plan following separ ation from employm ent pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) may be charged the maximum rate permissible by law for such coverage (presently 102% of the premium for an active employee.)
ARTICLE 232: HOLIDAYS
A. Each regular full-time employee who works or is absent from wo rk with the approval of his/her department head on t he work shift both before and after any such holiday shall receive the following paid holidays of eight hours each:
1. January 1, New Year’s Day
2. The third Monday in February, Presidents' Day
3. The last Monday in May, Memorial Day
4. July 4, Independence Day
5. The first Monday in September, Labor Day
6. November 11, Veterans Day
7. Thanksgiving Day
8. The Friday following Thanksgiving Day
9. December 24, Christmas Eve (if a Saturday or Sunday, the following Tuesday shall be observed)
10. December 25, Christmas Day
11. December 31, New Year's Eve
Employees on an alternate work schedule shall have the same holiday schedule and be governed by the same rules which apply to the following bargaining units:
Alternate Schedule Applicable Rules
3/12.5 FPOA
9/80 Confidential
4/10 Confidential
B. No other day shall be such a holiday unl ess it is a nonrecurring holiday designated specifically by the President of the United Stat es and/or the Governor of California, and approved by the City Council.
C. Employees Working With Regard To Holidays
1. When a holiday falls on a Saturday, an employee shall be permitted an absence from work with pay equal to a regularly scheduled work day on either the Friday Fullerton Police Management Association Page 17
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immediately before or the Monday immediately after the holiday, as designated by the Chief of Police to keep the department open and functioning on said days.
2. When a holiday falls on a Sunday, an employee, in lieu of pay for that holiday, shall be permitted an absence from work with pay equal to a regularly scheduled work day on the Monday immediately following the holiday.
3. An employee with a work week other than Monday through Friday shall be permitted a corresponding absence from wo rk when a holiday falls on his/her regular shift off. That absence from work must be taken immediately preceding or following said holiday, as designated by t he Chief of Police. If an employee’s regular work schedule precludes such abs ence in order to provide the usual continuous services of his/her department, the employee shall be compensated in the form of pay equal to one regular work day, in addition to his/her holiday pay.
4. When an employee is absent from work under circumstances which entitle him/her to receive sick leave benefits for any holid ay, there shall be no double payment.
Instead, he/she shall be paid the holiday benefit hereunder, and shall not be charged or paid for the sick leave benefits for such time that he/she received holiday pay.
D. Employees Working Without Regard To Holidays
1. As an alternative to receiving holiday pay as the holidays occur, an employee who works without regard to holidays (e.g., Patrol) may elect, at the beginning of each payroll year, to defer receipt of holiday pay until the end of that payroll year.
2. Each employee who defers cash payment for holidays shall accrue holiday leave on a biweekly basis. This leave shall be added to the employee's existing vacation balance. The employee's vacation balance shall then be reduced by the number of hours actually absent from work for vacation or holiday purposes. At the end of each payroll year, such employees may elect to convert up to the previous year’s maximum vacation accrual fo r holidays into a cash payment for holidays at the base salary rate then in effect.
ARTICLE 243: VACATION
A. Each employee shall accrue vacation credi t with pay in accordance with the following table:
Number of Hours
Amount of Current Serv ice Annually Bi-Weekly
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Until the 5th Anniversary 104 4.00
< 10 Years 120 4.62
≥ 10 Years 128 4.93
≥ 11 Years 136 5.24
≥ 12 Years 144 5.54
≥ 13 Years 152 5.85
≥ 14 Years 160 6.16
≥ 20 Years 168 6.46
≥ 25 Years 176 6.77
The City Manager may authorize an employee, newly hired to the City effective January 1, 2018 or later, to earn vacation credit at any of the rates described above, up to 160 annually. Further, the City Manager may authorize establishment of an initial leave bank with no cash value to the employee of up to 80 hours.
B. Vacation credit shall accrue each pay peri od in which the employee has worked or used paid leave except sick leave at least o ne full regular work shift. An employee absent on sick leave or unpaid leave of abs ence for an entire pay period shall not receive vacation credit for that pay period.
C. Usage
1. First Vacation: A new employee’s first vacation may not be taken until he/she has successfully completed his/her initial probation period with the City.
2. Department Head Approval: No vacati on absence with pay may be taken without approval by the Chief of Police or designee. The Chief of Police shall schedule and approve vacation for his/her employees as requested or at such other time as will achieve the most efficient functioning of the department and to avoid any loss of vacation by reason of the accumulation limit provided herein.
D. Accumulation Limit
An employee may accumulate vacation credits in an amount up to twice his/her annual vacation allowance. Vacation does not accrue beyond that point, with the following exception:
When a written request by an employee to take vacation is refused or not acted upon by the Chief of Police and the employee is not allowed other vacation time off to prevent a loss of vacation credits, the employee shall be paid at the straight time salary rate then in effect not only for the time worked, but also for the vacation time that would have been credited to him/her for so working we re it not for said accumulation limit.
This payment shall continue until such time as the employee is permitted to take a vacation.
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E. Vacation Conversion
1. At the end of each payroll year, an eligible employee may convert up to 40 80 hours of unused vacation time into cash, payable at the base salary rate in effect at the time of conversion. Such conversions shall be made concurrently with the annual conversion of sick leave.
2. To be eligible, an employee must have co mpleted his/her initial probation period; must have actually taken ( not converted) at least 80 40 hours of vacation in the preceding payroll year; and must have at least 80 hours of vacation remaining after such conversion.
F. Separation From Employment
An employee who separates fr om employment by resignatio n, layoff, or otherwise, shall be paid for the balance of his/her a ccumulated vacation credits, at the base salary rate in effect on the date of separat ion. In the case of the employee's death, the balance shall be paid to the employee 's designee or, if no designee, to the employee's estate.
ARTICLE 254: SICK LEAVE
A. Each regular full-time em ployee shall earn and accumulate 3.69 hours of sick leave for each pay period in which the employ ee has worked at least one full regular workday. An employee absent on vacation shall receive sick leave credit, but an employee absent on sick leave or unpaid leave of absence for an entire pay period shall not receive sick leave credit for that pay period.
The City Manager may authorize establish ment of an initial leave bank with no cash value to the employee of up to 40 hours for an employee newly hired to the City effective January 1, 2018 or later.
B. Sick Leave Usage
An employee shall be allowed to use his/her accumulated sick leave as follows:
1. Absences relating to the health of the employee:
a. Personal illness or physical incapacit y which does not result from service- connected illness or injury. The sole e xception to the above is that sick leave may be used to supplement workers’ compensation temporary disability benefits so that an employee will receive full salary between the expiration of Labor Code §4850 benefits and the start of benefits under the long-term disability insurance program. This exception shall be applied retroactively only when the employee has returned to work for a minimum of 30 working days.
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b. Medical or dent al appointments;
c. Forced quarantine in accordance with community health regulations;
2. Absences relating to the health of the employee’s family:
a. Health conditions of or medical or dental appointments for the employee’s spouse, parents, children, st epchildren, brother, sister , mother-in-law, father- in-law, or others as required by law in a total amount not to exceed 48 hours in a payroll year.
b. The care of an employee’s newborn ch ild/children or the placement with an employee of a son or daughter for adoption or foster care within the first 12 months after birth or placement, for up to 96 hours.
c. The serious health condition of a fa mily member which qualifies under the federal Family and Medical Leave Act (FMLA), provided that the employee has submitted all necessary documentation to the Human Resources Department certifying the condition qualifies for FMLA.
In no event shall the total time taken pursuant to 2a, 2b, and 2c exceed 480 hours in any 12-month period. This maximum limit of 480 hours shall be reduced by any time taken pursuant to the employee’s own FMLA qualifying condition(s) within such rolling 12-month period except as otherwise required by law.
C. Approval of Sick Leave
1. Sick leave may be taken only when an empl oyee has sick leave credits. The first sick leave with pay may not be taken until the employee has completed his/her 90 th day of employment. No payment for sick leave shall be made without the approval of the Chief of Police or designee.
2. Prior to resuming work after taking three or more consecutive shifts of sick leave, an employee shall submit a physician's written certification of the medical necessity for his/her absence from work and a written release stati ng that he/she is able to perform his/her normal or modified job duties. For example, an employee absent on Monday, Tuesday and Wednesday must pr ovide this release before resuming work on Thursday.
If the absence of three or more consecutive shifts is for family illness (see B2 above) the employee shall submit certification from the family member’s attending physician of the medical co ndition during the length of absence for which paid leave is requested. The physician’s certification shall verify that the family member had an illness, injury or medical procedure during the period of time for which paid leave is requested. Howeve r, the certification shall not be required to include a diagnosis or description of injury or treatment.
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D. Bereavement Leave
The death of a member of t he employee's immediate family shall entitle the affected employee to be absent for three shifts and such absence shall not be charged to sick leave. An employee may also use two shi fts of accumulated sick leave per incident for bereavement purposes, and the City Manager may authori ze up to an additional five shifts of sick leave usage for bereavement purposes when appropriate.
The definition of "immediate family" for the purpose of bereavement leave shall include the employee's spouse, parents, children, stepchildren, brother, sister, mother-in-law, father-in-law, grandparen t, grandchild, step-parent , legal guardian and others as required by law.
E. Annual Optional Conversion of Sick Leave
A person who has been regularly employed by the City for the full preceding payroll year may convert (at the base hourly rate) a fixed percentage of the unused portion of those credits in accordance with the following:
1. An employee who uses two regularly sch eduled shifts or less of sick leave during the preceding payroll year may convert either,
a. Up to 60% to cash, or
b. Up to 30% to vacati on and up to 30% to cash.
2. All other employees may convert either,
a. Up to 50% to cash; or
b. Up to 25% to vacati on and up to 25% to cash.
All sick leave credits not taken as sick leave or otherwise converted shall remain within the employee's accumulated sick leave credits.
F. Payment for Unused Sick Leave Upon Separation
Except as provided in this subparagraph, no payment shall be granted to an employee for accrued sick leave at the time of separation.
Only the following are entitled to payment for unused sick leave upon separation. All others are ineligible for this benefit.
Employees regularly (i.e., non-hourly ) appointed on or before June 30, 1984 and employed continuously thereafter.
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The estate of employees appointed after June 30, 1984 who are killed in the line of duty and qualify under the federal Public Safety Officers’ Benefits Act of 1976.
1. If the separation is due to death, retirement (as defined in Article 1 65B), or resignation of an employee who is eligible for a CalPERS service retirement, 50% of the unused sick leave credits accumulate d will be paid to the employee or, in the case of the employee's death, to the employee's designee or, if no designee, to the employee's estate. Such payment will be at the base salary rate in effect at the time of separation.
2. An eligible employee who separates afte r ten years of continuous service for any reason other than death or retirement shall be compensated for 50% of the unused sick leave credits accumulated in excess of 960 hours, to be paid at the base salary rate in effect at the time of separation.
ARTICLE 265: MANAGEMENT LEAVE
A. Each employee shall be eligible for up to 32 hours (36 hours for employees on an alternate work schedule) of management leave each fiscal year. Additional time may be granted at the discretion of the department head.
B. Management leave shall not accrue past the maximum. Unused management leave shall be lost at the end of each fiscal year and shall not be converted to any other form of compensation.
C. An employee who separates prior to the end of a fiscal year shall have deducted from the final paycheck or vacation balance any management leav e that would be considered advance payment.
ARTICLE 276: WORKERS' COMPENSATION PROGRAM
Police safety employees shall have all of the benefits conferred upon them by the laws of the State of California with respect to job-incurred illness or injury.
The anniversary date of any employee who is abs ent from work as a result of an illness or an injury, either of which were induced by or arose from the per formance of duties in the course of his/her employment, shall not be affected as long as the employee is receiving an amount equal to his/her full pay. During such time, the employee shall continue to accrue vacation and sick leave benefits in the same manner as though he/she were not absent.
ARTICLE 287: JURY DUTY
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When an employee is duly summoned to jury dut y, he/she shall receive her/his regular pay for any regularly scheduled working hour s spent in actual performance of such service. If the employee receives $50 or more for such service, the employee shall remit to the City all fees and allowances payable fo r such service, less reimbursements from the court for meals, travel or lodging.
Employees who have the option to request call-in juror status shall exercise that option.
ARTICLE 298: PAYROLL SYSTEM
A. The City shall utilize the b iweekly pay system. Pay periods shall begin at 12:01 a.m. every other Saturday, and end at midnight on the second Fr iday (i.e., 14 calendar days later) thereafter. Paydays shall occur on the Friday following the conclusion of each pay period. The one exception to this is when that Friday is a City holiday; the payday shall fall on the preceding business day.
B. Each affected employee shall participate in the City’s direct deposit payroll program.
C. The payroll year begins on the first day of the biweekly pay period that is paid in a new calendar year, and ends on the last day of the pay period that is paid within the same calendar year.
ARTICLE 3029: SUBSTANCE ABUSE
A. It is the responsibility of all affected employees to co operate to protect the lives, personal safety and property of co-workers and fellow citizens. The parties hereto and all affected employees shall take all reasonable steps to accomplish these goals and to minimize potential dangers.
B. It is in the best interest of the City, the Association, affected employees, and the public to ensure that affected employees do not appear for work under the influence of drugs or alcohol or possess illegal substances or alcohol while at work because such conduct is likely to result in reduced productivity, an unsafe working environment, poor morale and increased potential liability to t he City. "Under the in fluence of drugs" means the use of any illegal substance or mi suse of a prescribed drug in a manner and to a degree that impairs the employee's work perform ance or the ability to use City property or equipment safely.
C. The City pays for a counseling service for employees who have problems with drugs and/or alcohol. The City and the Association agree that every effort shall be made by the City and the Association to refer empl oyees who have such problems to this counseling service for assistance.
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D. The City may compel an employee who is unable to perform the duties of his/her position to submit to a medical examination on City time and at the City's expense.
ARTICLE 310: GRIEVANCE PROCEDURE
The grievance procedure contained in the Agreement between the City and the Fullerton Police Officers' Association shall apply to employees represented by the Fullerton Police Management Association.
DATED: November 10, 2016 September 20, 2022
FOR THE FULLERTON POLICE
MANAGEMENT ASSOCIATION FOR THE CITY OF FULLERTON
___________________________ _______________ _________________ Scott Rudisil Joel Craft Gretchen R. Beatty Eddie Manfro Police Captain Lieutenant Director of Human Resources
Mike Chlebowski Pedram Gharah Julia James Ellis Chang Police Lieutenant Director of Administrative Services