enforcement. This approach would be designed to alleviate the burden on law enforcement on these types of calls and instead direct them to respond to the calls that they are most needed to address.
La Verne was identified as a partner for expanding SGV CARE services and on June 19, 2023, the City Council approved a Memorandum of Agreement to begin participating. City staff identified a Project Team and participate d in an eight -week planning intensive to soft-launch co-response services. The initial pilot program was anticipated to include one mobile crisis team consisting of the following two members: a mental health clinician and a peer support specialist. The mobile crisis team for the pilot will be provided by Los Angeles Centers for Alcohol and Drug Abuse (L A CADA) in a contract managed by the SGVCOG.
As the planning intensive simultaneously took shape, it was recognized that there was an opportunity to expand upon the City’s stake in the program. Members of the public experiencing mental health crisis are also likely to require transport to a facility for further treatment. Without a dedicated means of transportation, the SGV CARE team would need to determine whether transport via police car, or a private provider ambulance would be the most feasible , with the latter being the most common. However, the La Verne Fire Department (LVFD) has identified that by utilizing an LVFD ambulance as a dedicated “alternative response unit” (ARU) for these transportation needs, the SGV CARE team can avoid extended response delays and unnecessary long-term commitment of SGV CARE resources. The ARU would be staffed by part -time Ambulance Operators as part of our overall Ambulance Operations for the City. The part -time staffing will primarily be for the SGV CARE program but is also available to backfill our full -time Ambu lance Operators as well as be well positioned to become full -time employees when openings occur.
In addition to providing a more efficient and collaborative experience for both our partners and the client, the LVFD ARU also offers expanded operational depth. When the ARU is not being used for the SGV CARE crisis response team, it will secondarily serve as a surge ambulance for the City’s medical calls. LVFD has restored the full -time service of both of its ambulances, however, surge agreements are required to ensure ambulance responses still occur when both of our ambulances are on other calls. Although LVFD has agreements in place, those agreements result in financial obligation to the private providers since they are not able to access Measure GG funds. An analysis of October 2021 to October 2023 indicates approximately $75,240 being paid to private surge providers, or $37,620 annually, of which that amount would now be saved.
FISCAL ANALYSIS
During the initial analysis of the viability of La Verne’s participation in SGV CARE, LVPD estimated an average of 45 calls for service per month were likely to qualify for a response from this program. LVFD’s analysis of average cost recovery for basic transport suggests approximately $586 per transport. In that scenario, an annual revenue of $316,440 is indicated. However, that revenue is unlikely. The actual number of calls for this program is likely to be lower than the above-listed average and cost recovery is wholly dependent 127
City Council Agenda Packet, November 20, 2023
127
SGV Cares Agreement Amendment
November 20, 2023
on client insurance coverage . Nonetheless, both the SGVCOG and the City anticipate that during this pilot program, the ARU is likely to generate enough revenue to sustain itself. The data and costs will be evaluated as part of the overall program.
The SGVCOG will pay half of the one -time start-up costs and 25% of the actual vehicle costs. The SGVCOG and City will continue to work together to seek additional funding to offset the overall costs of the program during the pilot program. Appropriations from the Homeless Outreach Program funded through the American Rescue Plan Act will be shifted to cover the City’s share of start-up costs for SGV Cares. It is anticipated that staffing expenses will be offset by the savings from the private surge provider payments.
No additional appropriations are requested.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. Memorandum of Agreement (Original)
2. Memorandum of Agreement Amendment
Coordinated With:
Christy Lopez, Finance Director
Kimberly Hall Barlow, City Attorney
128
City Council Agenda Packet, November 20, 2023
128
1 1528712.1
FIRST AMENDMENT
TO
MEMORANDUM OF AGREEMENT
SAN GABRIEL VALLEY CRISIS ASSISTANCE RESPONSE & ENGAGEMENT
PROGRAM (SGVCARE)
This First Amendment to Memorandum of Agreement (“First Amendment”) is made and entered into as of November 20, 2023, by and between the San Gabriel Valley Council of Governments (“SGVCOG”), and the City of La Verne (“City”), with reference to the following:
A. The SGVCOG and the City entered into that certain Memorandum of Agreement dated as of July 24, 2023, which is incorporated herein by this reference (the “Original Agreement”); and
B. The SGVCOG and the City desire to amend the Original Agreement to modify, amend and supplement certain portions thereof.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Terms. The Term of the Original Agreement as set forth in Section 1 therein is from July 24, 2023 to September 30, 2024. This First Amendment extends the Term up to and including December 31, 2024.
3. Revised Responsibilities of Each of the Parties. The Responsibilities of Each of the Parties, Section II of the Original Agreement, is hereby amended and modified to the following for the La Verne Fire Department Alternative Response Unit (LVFD ARU) service.
SGVCOG Responsibilities:
• Provide financial support, as outlined in “Exhibit B”.
Work with City to establish protocols and joint operating procedures to integrate the service into SGV CARE.
• SGVCOG will work with City to collect and analyze performance data of all personnel, equipment, supplies, and patient outcomes.
City Responsibilities:
• Provide an LVFD ARU for use by the SGV CARE program.
• Staff two Emergency Medical Technicians (EMTs) EMTs for the SGV CARE LVFD ARU. • Ensure the LVFD ARU meets Los Angeles County Department of Health Service Basic Life Support (BLS) Standard minimum equipment and maintenance standards. • Provide “patient care report” for “clients” transported by LVFD personnel for the purposes of this SGV CARE program.
• As determined by LVFD EMTs, request standard LA County EMS response for medical evaluation, treatment and transport (ARU does not function as medical resource until EMS 129
City Council Agenda Packet, November 20, 2023
129
1528712.1
system is activated and ALS personnel are summoned).
• Provide transportation of clients as indicated by SGV CARE clinician. When a client is being transported one SGV CARE team member may join for continued de-escalation services.
Program iteration may allow for additions to and minor changes of the above responsibilities.
4. Revised Scope of Services. The Scope of Services, Exhibit "A" to the Original Agreement, is hereby amended, modified and supplemented to include the services described on Exhibit "A" attached hereto and incorporated herein by this reference.
5. Compensation. The initial pilot year compensation set forth in Section B of this First Amendment is 50% of one -time startup costs in the not to exceed sum of Twenty-One Thousand Dollars ($21,000) and 25% of annual operating costs in the not to exceed sum of Eighteen Thousand Seventeen Dollars ($ 18,017.50). Total compensation for the first year is the sum of Thirty -Nine Thousand Seventeen Dollars and Fifty Cents ($39,017.50) . If additional cities join to form a cohort around the City, then the SGVCOG will increase support of operating costs by 25% per city, not to exceed 100% of annual operational costs.
6. Invoicing. The City will submit one invoice along with back -up documentation for the one - time startup cost support. I nvoices to support operating costs will be submitted on a quarterly basis along with a high-level summary of services provided and number of deployments . Invoices should be received in the first ten business days of the quarter.
7. Integration. This First Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This First Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this First Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this First Amendment shall control.
IN WITNESS hereof, the parties enter into this First Amendment on the year and day first above written.
130
City Council Agenda Packet, November 20, 2023
130
1528712.1
“SGVCOG”
SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS
By:___________________________
Marisa Creter
Title: Executive Director
APPROVED AS TO FORM
______________________________
David DeBerry, General Counsel
“CITY”
THE CITY OF LA VERNE
By:___________________________
Ken Domer
Title: City Manager
APPROVED AS TO FORM
__________________________
Kimberly Hall Barlow, City Attorney
131
City Council Agenda Packet, November 20, 2023
131
1528712.1
EXHIBIT “A”
ADDITIONAL SCOPE OF SERVICES
[Behind this page.]
132
City Council Agenda Packet, November 20, 2023
132
1528712.1
IMPLEMENTATION PLAN
OVERVIEW
San Gabriel Valley Crisis Assistance Response & Engagement (SGV CARE) SGV CARE is a community response program that provides a timely in -person response to mental and behavioral health emergency crises and provides additional proactive mental health resources and connections to the community.
SGV CARE Program Goals
1. Support law enforcement by providing a broader array of mental health services.
2. Meet community needs by providing high -quality care and provide improved call outcomes for both residents and law enforcement.
3. Relieve overburdened teams and provide an additional resource for cities to respond nonviolent service calls.
4. Provide connections to additional resources.
5. Be a fourth tool for dispatchers to complement existing Police, Fire and EMS services, thereby offering an alternative service to those in the Community experiencing mental health crisis episodes.
Scope of Services
The SGV CARE team provides face -to-face engagement, crisis de -escalation, psychosocial assessment, referral or warm hand-off to community resources, non-emergent, non-medical transport, care coordination, and follow-up for individuals identified through a call for a behavioral health crisis.
Augmented LVFD ARU Service
During the initial pilot year of SGV CARE services, the City will provide a dedicated LVFD ARU to ride alongside the SGV CARE team. It is understood that the LVFD ARU may occasionally be called out to non SGV CARE related calls during extenuating circumstances, however those situations will be tracked and used to evaluate the appropriateness of continuing the augmented LVFD ARU service beyond the first year.
SGV CARE Program Staffing
Frontline staff:
• A licensed eligible behavioral health clinician (regulated by the California Board of Behavioral Sciences) and a certified SUD Counselor/Peer Support Specialist/EMT. • Administrative staff:
• Licensed Clinical Social Worker (LCSW): Available for clinical supervision of each clinician during calls, as well as debriefing, support, and clinical training. • Quality Assurance Specialist: Monitor data collection, enforce policies and procedures, and provide guidance for correction.
• Program Manager: Direct supervisor to all listed staff.
IMPLEMENTATION PLAN
133
City Council Agenda Packet, November 20, 2023
133
1528712.1
During an eight-week Planning Intensive facilitated by the SGVCOG, the City will provide answers to the following Implementation Plan. Examples of how other cities are implementing SGV CARE and similar programs will be provided to help facilitate the discu ssion, build on best practices, and lighten the lift for building out an Implementation Plan. The goal of the Implementation Plan to prepare for launching the SGV CARE program and ultimately begin primary dispatch of the SGV CARE team for alternative response to appropriate service calls.
Project Team Members - this team will meet with SGVCOG and L.A. CADA staff at least weekly during the either-week Planning Intensive. City of La Verne project team members include, but not limited to:
● Chief Chris Nigg
● Yvonne Durran
● Rebekah Biedermann
● Sgt. Jay Alverado
Planning Intensive Meeting Schedule (additional meeting dates may be required):
Date Meeting Focus
Meeting 1: Program Grounding & Data Review
Meeting 2: Current Dispatch Process Overview (on-location) Meeting 3: Identify Exclusionary Criteria for Alternative Response
Meeting 4: Scenarios for Alternative Response (1/2)
Meeting 5: Scenarios for Alternative Response (2/2)
Meeting 6: Overview of Scenarios and Exclusionary Criteria & Dispatch Integration
Meeting 7: Presentation to Executive Team (CM, PD & FD
Chief)
Meeting 8: All Staff Meeting & Dispatcher Trainings
SGV CARE Hours of Operation: Monday, Tuesday, Thursday, Friday from 9am – 8pm
Soft Launch Date: Monday, November 27, 2023
Date for Testing Alternative Response: No later 3 months after Soft Launch Date
Please see the Program Protocols & Safety Guide created as part of the Planning Intensive process for more information on program implementation.
134
City Council Agenda Packet, November 20, 2023
134
1528712.1
EXHIBIT “B”
COMPENSATION
[Behind this page.]
135
City Council Agenda Packet, November 20, 2023
135
1528712.1
ALTERNATIVE RESPONSE UNIT BUDGET
Services for SGV CARE are provided by Los Angeles Centers for Alcohol and Drug Abuse (L.A.
CADA) and contracted by the SGVCOG. For the pilot year of SGV CARE at the City of La Verne, the SGVCOG will provide one-time startup costs not to exceed $21,000 and support for operational costs not to exceed $18,017.50, or 25% of annual operational costs. If additional cities join to form a cohort around the City, then the SGVCOG will increase support of operating costs by 25% per city, not to exceed 100% of annual operational costs.
136
City Council Agenda Packet, November 20, 2023
136
This page left intentionally blank
137
City Council Agenda Packet, November 20, 2023
137
City of La Verne, City Council
Agenda Report
DATE: November 20, 2023
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: ADOPTION OF ORDINANCE 1123 RELATIVE TO DOG WASTE
SUMMARY
The City Council at its meeting on November 6, 2023, approved the first reading of Ordinance No. 1123, relative to curbing dog waste and setting forth penalties for violations.
RECOMMENDATION
It is recommended that the City Council adopt Ordinance No. 1123 titled , “AN ORDINANCE OF
THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING CHAPTER 6.16 OF THE MUNICIPAL CODE OF THE CITY OF LA VERNE RELATIVE TO DOG WASTE.”
DISCUSSION
During a recent community event, it was brought to the attention of City staff that there were concerns regarding dog waste in public spaces. Upon review of the Municipal Code, it was discovered that Title 6 ANIMALS did not include a section pertaining to curbing dog waste. Such a section is co mmon in other jurisdictions and is contained in the County of Los Angeles code, but not referenced within the City’s municipal code.
The proposed ordinance identifies that a person who owns or has custody of a dog must remove dog waste from public property as well as private property not owned by the owner or custodian of the dog and dispose of such in a sanitary manner. Penalties and fines for violations will abide by Chapter 1.24 of the La Verne Municipal Code.
The First Reading was approved on November 6, 2023, by unanimous vote of the City Council.
If adopted, the Ordinance becomes effective 30 days after.
FISCAL ANALYSIS
Nominal fiscal impact resulting from updating of signage.
ENVIRONMENTAL ANALYSIS
Not applicable for this item.
LEGAL REVIEW
The City Attorney has reviewed and approved this report.
ATTACHMENTS
- Ordinance No. 1123
Prepared By:
Andrea Blockinger, Administrative Analyst
138
City Council Agenda Packet, November 20, 2023
138
2ND READING – NOVEMBER 20, 2023
ORDINANCE NO. 1123
AN ORDINANCE OF THE LA VERNE CITY COUNCIL, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADDING SECTION 6.16.120 TO THE MUNICIPAL CODE
RELATIVE TO DOG WASTE
WHEREAS, those walking their dogs should be required to ensure that they clean up the messes made by their dogs;
WHEREAS, all infractions may also be enforced with the issuance of an administrative citation, pursuant to Municipal Code Chapter 9.60;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA VERNE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. A new section 6.16.120 (Curbing Dog Waste) is hereby added to the La Verne Municipal Code to read as follows:
SECTION 6.16.120 – Curbing Dog Waste
A person owning or having charge, care, custody or control of a dog (except a visually impaired person with a guide dog) is required to remove the dog’s feces immediately from public property or private property not owned or possessed by the custodian of the dog. The dog’s feces must be disposed of in a sanitary manner, such as into a public trash receptacle, or a trash receptacle owned or controlled by the dog owner.
Violation of this section constitutes an infraction, enforceable pursuant to Municipal Code Chapter 1.24.
Section 2. The City shall provide informational signs at public parks, trails, and other relevant areas to educate the public about the requirements of this ordinance.
Section 3. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect thirty (30) days after its final passage.
PASSED, APPROVED and ADOPTED this 20th day of November 2023
______________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
139
City Council Agenda Packet, November 20, 2023
139
2 Ordinance No. 1123
Lupe Gaeta Estrella, Assistant City Clerk
I
140
City Council Agenda Packet, November 20, 2023
140
3 Ordinance No. 1123
CERTIFICATION
I, Lupe Gaeta Estrella, Assistant City Clerk of the City of La Verne, do hereby certify that Ordinance No. 1123 was introduced for first reading at a regular meeting on the 6 th day of November 2023, Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the day of November 20, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
I
141
City Council Agenda Packet, November 20, 2023
141
City of La Verne, City Council
Agenda Report
DATE: November 20, 2023
TO: Honorable Mayor and City Council
FROM: Ken Domer, City Manager
SUBJECT: NOMINATION FOR THE SAN GABRIEL BASIN WATER QUALITY
AUTHORITY
_________________________________________________________________________________
SUMMARY
The City of La Verne has been a member of the San Gabriel Basin Water Quality Authority (WQA) since its establishment in 1993. Every two years, the City Council votes for a nominee who will represent cities without prescriptive water pumping rights . Rosemead Mayor Pro-Tem Margaret Clark currently serves as the alternate on the WQA Board as the member representing cities without prescriptive water pumping rights and has previously been supported by the La Verne City Council during her last few elections to the WQA Board.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 23-81, “A RESOLUTION
OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, CASTING ITS VOTES FOR ROSEMEAD MAYOR PRO TEM
MARGARET CLARK TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING
RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY.”
DISCUSSION
The State Legislature established the WQA through Senate Bill 1679 on February 11, 1993, to develop, finance, and implement groundwater treatment programs in the San Gabriel Basin. The WQA is under the direction and leadership of a seven-member Board.
The Board is composed of one member of each of the three overlying municipal water districts. One from a city with prescriptive water pumping rights , one from a city without prescriptive water pumping rights, and two members representing water producers in the San Gabriel Basin.
Nominations for candidates of a city member elected by cities without pumping rights may be made by any city without pumping rights. Each city may nominate only one candidate.
The selected member and alternate must be city council members from cities lacki ng pumping rights in the San Gabriel Basin. The alternate member assumes the 142
City Council Agenda Packet, November 20, 2023
142
San Gabriel Valley Water Quality Authority Nomination
November 20, 2023
responsibilities of the elected city member in case of absence or vacancy, following the provisions of SB 1679.
Each city's voting power is determined by their population, granting one vote per 10,000 residents according to the 2020 U.S. Census Data. La Verne, with a population of 31,334 in 2020, contributes 3 votes to the election. In total, there are 48 votes from cities without pumping rights. Voting resolutions must be submitted to the WQA by December 19, 2023, at 12:00 p.m.
Mayor Pro Tem Margaret Clark from Rosemead and Mayor Pro Tem Valerie Muñoz from La Puente have been nominated to represent cities without prescriptive pumping rights.
Margaret Clark serves as the alternate on the WQA Board, representing cities without prescriptive water pumping rights, and has been involved with the WQA Board since its establishment, thus is duly qualified to serve in this capacity.
FISCAL ANALYSIS
None.
ENVIRONMENTAL ANALYSIS
Not applicable for this item.
LEGAL REVIEW
Not applicable for this item.
ATTACHMENTS
1. Resolution No. 23-81
2. Correspondence from San Gabriel Basin Water Quality Authority dated 10/30/23
Prepared by:
Andrea Blockinger, Administrative Analyst
143
City Council Agenda Packet, November 20, 2023
143
RESOLUTION NO. 23-81
A RESOLUTION OF THE CITY COUNCIL, CITY OF LA VERNE, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, CASTING ITS VOTE S FOR ROSEMEAD
MAYOR PRO TEM MARGARET CLARK TO REPRESENT CITIES WI THOUT
PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN
WATER QUALITY AUTHORITY
WHEREAS, On September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Valley Water Quality Authority; and
WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights, and two appointed members representing water producers; and
WHEREAS, the City of La Verne is one of the cities in the San Gabriel Basin without prescriptive pumping rights; and
WHEREAS, the City of La Verne may cast its vote s for a representative by resolution delivered to the San Gabriel Basin Water Quality Authority no later than December 19, 2023, at 12:00 p.m.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. The City Council of the City of La Verne casts its full vote s for Rosemead Mayor Pro Tem Margaret Clark as the representative for cities in the San Gabriel Basin without prescriptive pumping rights.
Section 2. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of November, 2023.
______________________________________
Mayor Tim Hepburn
ATTEST:
144
City Council Agenda Packet, November 20, 2023
144
_______________________________
Lupe Gaeta Estrella, Assistant City Clerk
CERTIFICATION
I hereby certify that the foregoing Resolution No. 23-81 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Lupe Gaeta Estrella, Assistant City Clerk
145
City Council Agenda Packet, November 20, 2023
145
San Gabriel Basin Water Quality Authority
1720 W. Cameron Avenue, Suite I 00, West Covina. CA 91790 • 626-338-5555 • Fax 626-338-5775 October 30, 2023
RE: ELECTION FOR WQA BOARD MEMBER AND ALTERNATE REPRESEN TING
CITIES WITHOUT WATER PRESCRIPTIVE PUMPING RIGHTS
Dear City Manager:
The nomination period for the election of the WQA board member and alternate representing cities without prescriptive water pumping rights was closed on October 19, 2023 at 5 :00 p.m. Enclosed is an election ballot, a sample resolution , a list of nominees, and a list of cities without prescriptive pumping rights and the number of votes each is entitled.
Each city may cast their votes for only one of the listed nominees in the form of a resolution. The resolution must be received at 1720 W. Cameron Ave. Suite 100, West Covina , CA 91790 or by email to stephanie@w ga.com by December 19, 2023 at 12:00 p.m.
Our office hours are Monday through Thursday 8:00 a.m. to 12:00 p.m. and 1 :00 p.m . to 5:00 p.m.
Votes will be officially counted during the Water Quality Authority 's regular meeting on December 20, 2023 at 12:00 p.m.
Each city has one vote for each 10,000 residents or majority thereof, as determined by the 2020 U.S. census data. The enclosed ballot indicates the number of votes your city may cast. Please note that a city must cast all of their votes to only one candidate and cannot split their votes. Please also note that a city is not limited to voting for its own city council members and that a city may vote in an election whether or not it nominated a candidate .
If you should have any questions , please contact me at (626) 338-5555 or by email at Stephani e@wqa .com
Steph e oreno
San Gabriel Basin Water Quality Authority
. [email protected]
Enclosures
146
City Council Agenda Packet, November 20, 2023
146
San Gabriel Basin Water Quality Authority
1720 W. CarneronAvenue, Suite JOO, West Covina, CA 91790 • 626-338-5555 • Fax 626-338-5775 BALLOT
ELECTION OF CITY MEMBERS AND ALTERNATES FROM
CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS
TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY PURSUANT TO SB 1679
CITY: LA VERNE
NUMBER OF VOTES TO BE CAST: 3
TO THE CITY COUNCIL:
The following candidates have been duly nominated by qualified cities for the office of city member and alternate of the Board of the San Gabriel Basin Water Quality Authority ("the Authority") from cities without prescriptive pumping rights.
The election of the city member and alternate will take place at an adjourned meeting of the Board of the Authority set for December 20, 2023, at 12:00 p.m., at 1720 W. Cameron Ave., Suite 100, West Covina, California.
Your city may cast its votes for one candidate by resolution of the city council. The number of votes to which your city is entitled, based upon population, is set forth above.
The resolution of the city council casting its votes must be sent to the Authority !;!y December 19, 2023 at 12:00 p.m. or may not be counted.
This Ballot may accompany the resolution of the city council casting its votes for city member and alternate from cities without prescriptive pumping rights. 147
City Council Agenda Packet, November 20, 2023
147
(SAMPLE RESOLUTION)
If you would like an electronic version of this resolution please email Stephanie Moreno to request one at: stephanie(a),wga.com
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
_________ , CALIFORNIA, CASTING
ITS VOTE(S) FOR COUNCILMEMBER
TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS
ON THE BOARD OF THE SAN GABRIEL BASIN
WATER QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights, and two appointed members representing water producers; and WHEREAS, the City of _______ __ is one of the cities in the San Gabriel Basin without prescriptive pumping rights;
WHEREAS, the City of _______ __ may cast its vote(s) for a representative by resolution and delivered to the San Gabriel Basin Water Quality Authority no later than December 19, 2023 at 12:00 p.m.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ____ _
CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council of the City of ____ _ _____ casts its full vote(s) for Councilmember _ ___________ as the representative for cities in the San Gabriel Basin without prescriptive pumping rights.
PASS, APPROVED AND ADOPTED this ___ day of _ ______ _,
20 _ _ _ _
148
City Council Agenda Packet, November 20, 2023
148
Name
argaret
City o
San Gabriel Basin Water Quality Authority
I 720 W. Cameron Avenue, Suite 100, West Covina, CA 91790 • 626-338-5555 • fax 626-338-5775
ELECTION FOR WQA BOARD MEMBER
AND ALTERNATE MEMBER
REPRESENTING CITIES WITHOUT
PRESCRIPTIVE PUMPING RIGHTS
LIST OF NOMINATIONS
(In the order in which they were received)
Nominated by
City of Rosemead
Valerie Munoz
City of La Puente
City of La Puente
149
City Council Agenda Packet, November 20, 2023
149
Cities without Pumping Rights
2020 U.S. Census Data
City 2020 Population
Baldwin Park 72,176
Bradbury 921
Duarte 21,727
La Puente 38,062
La Verne 31,334
Rosemead 51,185
San Dimas 34,924
San Gabriel 39,568
San Marino 12,513
Sierra Madre 11,268
South El Monte 19,567
Temple City 36,494
West Covina 109,501
Total votes
SB 1679, Article 5. Sec. 505 (a)
# of Votes
7 1
2 4
3 5
3 4
1 1
2 4
11 48
Each City has one vote for each 10,000 residents or majority fraction thereof, as determined by the most recent U. S. decennial census data . 150
City Council Agenda Packet, November 20, 2023
150
This page left intentionally blank
151
City Council Agenda Packet, November 20, 2023
151
City of La Verne, City Council
Agenda Report
DATE: November 20, 2023
TO: Honorable Mayor and City Council
FROM: Kimberly Hall Barlow, City Attorney
SUBJECT: RESOLUTION DIRECTING 2030 ELECTION BALLOT MEASURE FOR
VOTER CONSIDERATION OF DIRECTLY ELECTED MAYOR
SUMMARY
On November 6, 2023, the City Council provided unanimous direction to place on the November 20, 2023, agenda a resolution directing that an election ballot measure be placed on the 2030 General Municipal Election to establish a directly elected mayor.
RECOMMENDATION
It is recommended that the City Council adopt Resolution 23-82 titled, “A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, DIRECTING STAFF TO BRING FORWARD A BALLOT MEASURE FOR THE
SUBMISSION TO THE VOTERS OF A QUESTION RELATING TO ESTABLISHING A DIRECTLY ELECTED MAYOR TO BE DETERMINED IN THE 2030 GENERAL MUNICIPAL ELECTION.”
DISCUSSION
As part of the consideration whether to place a ballot measure on the 2024 Municipal Election to re-establish a directly elected mayor position, the City Council ultimately and unanimously directed the City Attorney to bring back to the City Council a reso lution directing staff to bring forward the necessary ballot measure and election resolutions so that the question could be asked of voters in the 2030 General Municipal Election. The timing of re-establishing a directly elected mayor position is such that any action would not take effect until after the 2030 decennial census and thus implemented in 2032. Based on factors including the cost of placing a ballot measure on the 2024 election as well as potential voter misunderstanding as to the implementation date, the direction was to bring forward the proper resolutions closer to its potential implementation and within time for the 2030 election cycle.
FISCAL ANALYSIS
Not applicable.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
The City Attorney drafted the resolution and reviewed this agenda item.
ATTACHMENTS
- Resolution 23 -82, Directing 2030 Election Ballot Measure for Voter Consideration of Directly Elected Mayor
152
City Council Agenda Packet, November 20, 2023
152
RESOLUTION NO. 23-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, DIRECTING STAFF TO BRING FORWARD
A BALLOT MEASURE FOR THE SUBMISSION TO THE VOTERS OF A QUESTION
RELATING TO ESTABLISHING A DIRECTLY ELECTED MAYOR TO BE DETERMINED IN THE 2030 GENERAL MUNICIPAL ELECTION
WHEREAS, prior to the 2022 election, the voters directly elected the Mayor at large for a two year term; and
WHEREAS, in 2021, the City Council established by ordinance five (5) City Council Districts for a by -district election system , which eliminated the directly elected mayor position and instead provided for a rotating mayor . The first by -district election was held on June 7, 2022; and
WHEREAS, the City Council desires to place before the voters a ballot measure to implement by-district elections with four districts and a directly elected Mayor, but such a system cannot take effect until after the City’s redistricting pursuant to the decennial census in 2030; and
WHEREAS, in order for the voters to determine whether they would like to resume having a directly elected mayor, such a ballot measure should be placed on the 2030 general municipal election so that appropriate districts may be drawn following the 2030 decennial census and implemented in 2032.
NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF LA VERNE,
STATE OF CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER, AS FOLLOWS:
Section 1. That the City Council, pursuant to its right and authority, does direct staff to prepare a proposed ballot measure to be submitted to voters at the 2030 General Municipal Election a question substantially similar to the following:
Measure __: Voter Districts and
Directly Elected Mayor Response Vote
Shall members of the legislative body of
the City of La Verne be elected by district
with four districts, and the Mayor of the City
of La Verne be elected on a citywide basis
by the voters of the entire city for a four -
year term?
Yes
No
153
City Council Agenda Packet, November 20, 2023
153
2 Resolution No. 23-82
Section 2. That staff should include in the ballot measure the proposed complete text of the measure and a proposed ordinance.
Section 3. That staff should include all appropriate resolutions for the calling and consolidating of the election with the statewide election and to seek appropriate services from the County of Los Angeles Registrar of Voters to properly and lawfully conduct the election.
Section 4. That the Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED, AND ADOPTED this 20th day of November, 2023.
__________________________________
Tim Hepburn, Mayor
ATTEST:
________________________________
Lupe Gaeta Estrella, City Clerk
I hereby certify that the foregoing Resolution No. 23-82 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________________
Lupe Gaeta Estrella, Assistant City Clerk
154
City Council Agenda Packet, November 20, 2023
154
This page left intentionally blank
155
City Council Agenda Packet, November 20, 2023
155
City of La Verne, City Council
Agenda Report
DATE: November 20, 2023
TO: Honorable Mayor and City Council
FROM: Candice Bowcock, Principal Planner
SUBJECT: INFORMATIONAL ITEM ON THE PROPOSED MIXED USE PROJECT AT 1941 WHITE AVENUE
SUMMARY
Novipax Buyer, LLC, has submitted applications for the proposed development of a five- story residential building which will provide a total of 367 dwelling units, a parking structure, and 1,540 square feet of commercial use located at 1941 White Avenue. The project is currently being reviewed by staff and an environmental consultant contracted by the City.
RECOMMENDATION
It is recommended that the City Council receive and file this project update.
DISCUSSION
The applicant, Novipax Buyer, LLC has submitted applications for a Precise Plan Review, Parcel Merger, Density Bonus, and Tree Removal Permit to allow for the redevelopment of the property located at 1941 White Avenue.
The project site is generally bounded by the Metrolink San Bernadino Line and Metro “A” (Gold) Line railroad right -of-way to the north, White Avenue to the east, and Arrow Highway to the southwest. The project site is located within the Old Town La Verne Specific Plan (“OTLVSP”) area and is zoned as a Mixed-Use 1 (MU-1) District. The MU- 1 designation allows for a mix of commercial and residential as principally permitted uses, including the following specified uses: “Flats and lofts: Ground level, “Flats and loft: Upper level,” and “Retail sales: 10,000 square feet or less (neighborhood serving).” The MU -1 designation allows for a maximum residential density of 60 dwelling units per acres, a maximum height of 72 feet, and one parking space per residential be droom as well as two parking spaces per 1,000 square feet of retail uses.
The existing project site was most recently occupied by a paper manufacturing mill which consists of 102,159 square feet of industrial and warehousing space, as well as surface parking areas. The existing buildings and surface parking will be demolished in order to accommodate the development of the proposed project.
The proposed project consists of the development of a five -story residential building which will provide a total of 367 dwelling units, including 26 low-income and 18 very-low- income affordable housing units, as well as 1,540 square feet of ground floor local serving retail space. The proposed project will provide a total of 518 parking spaces in a six-level 156
City Council Agenda Packet, November 20, 2023
156
PROPOSED MIXED USE PROJECT AT 1941 WHITE AVENUE
November 20, 2023
parking garage and provide a variety of amenity spaces, including but not limited to : an approximately 1,900 square foot leasing office ; a mailroom ; and, common outdoor spaces. The dwelling units will range in size from approximately 590 square feet to approximately 1,300 square feet and will include a variety of configurations and floor plans. Estimated unit numbers include 55 studios, 178 one bedrooms, 126 two - bedrooms, and 8 three-bedrooms dispersed across each story of the Project. Access to the proposed project is planned to be accommodated by two project driveways: with one on Arrow Highway, and one on White Avenue.
After the proposed project has undergone a full review and analysis, it is anticipated that the Development Review Committee, the approving body, would review the item and consider the project in early 2024.
FISCAL ANALYSIS
Not applicable for this item. When developed, the project will be reassessed for property taxes which will increase over the current level thereby benefitting the City. Additionally, the project site is within the Enhanced Infrastructure Financing District (EIFD) and increased assessed value will benefit the EIFD and future planned projects.
ENVIRONMENTAL ANALYSIS
The proposed project is subject to the California Environmental Quality Act (“CEQA”), given the discretionary approvals needed for the Project.
The following studies are being completed and peer reviewed by a consultant contracted by the City: Biological Resources, Historical and Archeological/Cultural Resources, Transportation, Noise, Air Quality/Greenhouse Gas Emissions, Airport Land Use Compatibility.
LEGAL REVIEW
Not applicable at this time.
ATTACHMENTS
- Preliminary Development Plans
157
City Council Agenda Packet, November 20, 2023
157
NOTE: Agenda Item #11
1941 White Ave
nue
Due to file size the
plans, renderings and
floor plans can found
in a separate
document.
158
City Council Agenda Packet, November 20, 2023
158
This page left intentionally blank
This page left intentionally blank
159
City Council Agenda Packet, November 20, 2023
159
City of La Verne, City Council
Agenda Report
DATE: November 20, 2023
TO: Honor
able Mayor and City Council
FRO
M: JR Ranells, Assistant City Manager
SUBJE
CT: ADOPTION OF A RESOLUTION APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA
VERNE POLICE OFFICERS’ ASSOCIATION AND AUTHORIZING
EXECUTION BY THE CITY MANAGER
SUMM
ARY
The Memorandum of Understanding (MOU) with the La Verne Police Officers’ Association (LVPOA) expired on June 30, 2023. Based on City Council direction and support of the terms, a tentative agreement has been reached and staff is now seeking formal approval in an open meeting from the City Council to finalize the MOU.
RECOM
MENDATION
It is recommended that the City Council:
1. Adopt Resolution No. 23-83, titled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION THROUGH JUNE 30, 2025;”
2. Authorize the City Manager to execute the Memorandum of Understanding with the La Verne Police Officers’ Association; and,
3. Appropriate $1 18,000 f rom the Gener al Fund and appropriate a transfer of $118,000 from Measure LV to the General Fund for the Fiscal Year 2023/24 Budget.
DISCUS
SION
As per State law, the City is required to meet and confer with recognized employee groups over wages, benefits, and working conditions. The agreement currently in place with the LVPOA expired on June 30, 2023.
In shor
t, the new two (2) year agreement addresses general language clean up, compensation increases for current LV POA members, and incorporates future fiscal sustainability measures.
More s
pecifically, changes in the MOU include the following areas:
• Salary – 3 .5% salary increase for Police Officers and Police Corporals in November 2023, 3% salary increase for Police Sergeants in November 2023, and a 3% salary increase for all POA members in July 2024.
• Bilingual Pay – increase from $100 to $150 per month. 160
City Council Agenda Packet, November 20, 2023
160
LVPOA 2023 MOU
November 6, 2023
• Corporal Classification – formally adopt the Corporal classification , previously called Senior Police Officer 95+
• Tuition Reimbursement – increase from $1,500 to $1,700 per year • FSET/CNT Pay – establish a $125 per month stipend for employees in FSET and CNT assignments
• Special Assignment Pay – increase from $175 to $250 per month • POST/Education Pay – increase the incentive by 1% upon ratification and an additional 1% in July 2024
• Medical Insurance Contributions – increase monthly employer medical insurance contributions for employees similar to other employee groups approved or to be approved this year:
o Employee only from $600 to $650
o Employee plus spouse from $1,000 to $1,150
o Employee plus child from $800 to $950
o Employee plus family from $1,300 to $1,500
• Medical Savings Trust – beginning January 2025, establish a medical savings trust with City contributions of $100 per month.
Additionally, in line with City Council direction to provide future fiscal sustainability, LVPOA members will begin contributing a larger amount toward retirement benefits by paying one-half percent (0.5%) of the employer’s share of PERS retirement benefits as soon as the necessary contract amendments can be executed. Another one-half percent (0.5%) totaling one percent (1%) will be contributed by LVPOA members as of July 2024.
FISCAL ANALYSIS
Compensation increases as a result of the MOU are supported by Measure LV revenues.
If approved, appropriations of $118,000 will need to be added to the General Fund for the increased personnel expenses. Additionally, an appropriation of $118,000 to transfer funds from Measure LV into the General Fund will need to be added to the Fiscal Year 2023-24 Adopted Budget.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. Resolution No. 23-83
2. Proposed LVPOA MOU (clean)
3. Proposed LVPOA MOU (redline)
Report Prepared By:
Erin Beilstein, Management Analyst
161
City Council Agenda Packet, November 20, 2023
161
RESOLUTION NO. 23-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING AND AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE POLICE OFFICERS’ ASSOCIATION THROUGH JUNE 30, 2025
BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. The City Council approves the Memorandum of Understanding between the City of La Verne and the La Verne Police Officers’ Association.
Section 2. The City Manager of the City of La Verne is hereby authorized to execute a Memorandum of Understanding between the City of La Verne and the La Verne Police Officers’ Association, said memorandum of understanding being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein.
Section 3. Appropriate $118,00 from the General Fund and appropriate a transfer of $118,000 from Measure LV to the General Fund for the Fiscal Year 2023/24 Budget.
Section 4. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 20th of November, 2023.
________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Lupe Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 23-83 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Lupe Estrella, Assistant City Clerk
162
City Council Agenda Packet, November 20, 2023
162
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE
AND
THE LA VERNE POLICE OFFICERS' ASSOCIATION
Article 1 - Recognition
Article 2 - City Council Approval
Article 3 - Management Rights
Article 4 - Association Rights
Article 5 - Association Dues
Article 6 - No Strike/No Lockout
Article 7 - Layoff Procedures
Article 8 - Salary Rates and Step Advancements
Article 9 - Hours of Work
Article 10 - Special Assignment Pay
Article 11 - Overtime
Article 12 - Call-Back Allowance
Article 13 - Standby Court Allowance
Article 14 - Sick Leave
Article 15 - Holidays
Article 16 - Vacations
Article 17 - Uniform Allowance
Article 18- Retirement
Article 19 - Medical and Dental Plans
Article 20 - Training
Article 21 - Time Off to Employee Representatives
Article 22 - Education Incentive and Tuition Reimbursement Article 23 - Firearms Qualification Program
Article 24 - Gym Membership Reimbursement
Article 25 - Bilingual Pay
Article 26 - Workers' Compensation Insurance
Article 27 - Leave of Absence
Article 28 - Long Term Disability and Life Insurance
Article 29 - Grievance Procedures
Article 30 - Jury Duty
Article 31 - Inspection Privileges/Posting of Notices
Article 32 - Safety and Health/Drug Testing
Article 33 - Work by Management Personnel
Article 34 - Non-discrimination
Article 35 - Fair Labor Standards Act (FLSA) Requirements Article 36 - Savings Provision
Article 37 - Drug and Alcohol Abuse Policy
Article 38 - DROP Program
Article 39 - Term of Memorandum of Understanding
November 5, 2023, POA -1-
163
City Council Agenda Packet, November 20, 2023
163
Article 1 - Recognition
The City of La Verne (hereinafter referred to as "City") has formally recognized the La Verne Police Officers' Association (hereinafter referred to as "Association") as the representative for full-time City employees in the following job classifications:
Police Officer
Police Corporal
Police Sergeant
Article 2 - City Council Approval
It is agreed that this Memorandum of Understanding (MOU) is of no force or effect until ratified, approved and adopted by the City Council of the City of La Verne.
Article 3 - Management Rights
To the extent that the following are not inconsistent with specific MOU provisions and to the extent that the following are not within the scope of representation, the parties agree that the following constitute the rights of management
1. The right to hire, promote, demote, suspend, discipline, or discharge any employee in accord with state and federal law.
2. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, divisions or subdivisions thereof.
3. Determine services to be rendered.
4. Determine the layout of buildings and equipment and materials to be used therein.
5. Determine the size and character and use of inventories.
6. Determine financial policy, including accounting procedure.
7. Determine the staffing of classifications not represented by the Association.
8. Determine selection, or promotion of employees.
9. Determine the size and character of the work force.
10. Determine the allocation and assignment of work to employees except in those instances where the affected employee receives additional compensation as a result of performing a given assignment.
11. Determine policy affecting the selection of new employees.
12. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required,
13. Impose discipline.
14. Determine control and use of City property, materials, and equipment.
15. Place work with outside firms
16. Determine the kinds and numbers of personnel necessary.
November 5, 2023, POA -2-
164
City Council Agenda Packet, November 20, 2023
164
17. Require employees , where necessary, to take in-service training courses during working hours.
18. Prescribe a uniform dress to be worn by designated employees.
Any grievance arising out of or in any way connected with the existence or the legality of any of the above-described rights of management is not subject to the grievance procedure unless such grievance is otherwise grievable under another Article of this Agreement.
Article 4 - Association Rights
The Association retains the right to engage in the meet and confer process with regard to all matters relating to employer/employee relations including , but not limited to, wages , hours and other terms and conditions of employment.
Article 5 - Association Dues
A. The City shall deduct dues from the first and second paychecks of each employee each month and remit to the Association such monies, the deduction of which have been authorized by the employee in writing .
8. The Association agrees to hold harmless and indemnify the City against any claims, causes of action, or lawsuits alleging negligence by the City in the performance of its obligations as set forth in Article 5(A) .
Article 6 - No Strike/No Lockout
The City and the Association agree that it is to their mutual benefit to encourage the resolution of differences through negotiation . Therefore , during the term of this MOU, the City agrees that it will not cause a lockout of employees covered by this MOU and the Association agrees that there will be no strike, slowdown , or other work stoppage . Compliance with the request of other labor organizations is included in this prohibition .
Article 7 - Layoff Procedures
A. Seniority shall be defined as the length of continuous service as a full-time employee with the City of La Verne except as otherwise noted .
B. In the event of reduction in the work force, the employee in the classification being reduced with the least seniority shall be laid off first.
C. Any represented employee who has been notified of layoff may elect to accept the layoff or exercise bump down rights. Represented employees , if qualified and able to work , shall be authorized to bump into any lower rated classification with the department and replace any employee who has less seniority .
November 5, 2023 , POA -3-
165
City Council Agenda Packet, November 20, 2023
165
Employees exercising bump down rights must do so within seventy-two (72) hours after receipt of notice of layoff.
D. Employees bumped by higher seniority employees shall themselves have the option of exercising bump down rights.
E. No new employee shall be hired until all employees on layoff have been given the opportuni ty to be reinstated in the position held prior to layoff or bump down. Such employees shall be rehired or reinstated to the position held at the time of separation and in reverse order of their layoff or demotion . Such right of reinstatement must be exercised within twenty (20) days after the City deposits its written notice of recall from layoff in the United States Mail addressed to the employee's last known address . Such mailing shall be by certified mail - return receipt requested .
Article 8 - Salary Rates and Step Advancements
A. Salary Step Advancement . A five (5) step salary schedule with five percent (5%) difference between steps is hereby established for the classifications listed in Article 1 of this Agreement. Such 5% differentials shall be maintained for the term of this Agreement.
1. Step 1. This is the minimum rate and will be the hiring rate. In specia l cases , when it is merited by experience, education, training or other qualifications, the City may approve hiring at a higher salary step. If an employee is hired at a step other than 1, he/she must wait one (1) year until the next step increase.
2. Step 2. This salary step is attainable after comp letion of six (6) calendar months of service if the employee has demonstrated satisfactory job progress .
3. Step 3. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress .
4. SteR 4. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
5. Step 5. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress .
B. Salary Increases- Effective the first full pay period of November 2023, the steps of the salary schedu le will be increased 3.5% for Police Officer and Corpora l and 3% for Sergeant.
Effective the first full pay period in July 2024 , the steps of the salary schedule will be increased 3% for all L VPOA Members .
The Step 5 salary for employees promoted to Corporal shall be set at ten percent (10%) above the Step 5 salary for Police Officer.
November 5, 2023 , POA -4-
166
City Council Agenda Packet, November 20, 2023
166
Historically, when reaching agreement via an MOU, the City and POA have established salary increases by setting base salary at the market median for specified dates. The traditional market for comparison purposes include the following local agencies: the cities of Azusa , Baldwin Park, Chino, Claremont, Covina, Glendora, Monrovia , Montclair, Ontario, Pomona, Upland, West Covina, and the County of Los Angeles . For fiscal purposes and as agreed through the meet and confer process, the City and POA have set the specific salary increases as noted above.
C. Salary Plan Administration/Work Performance Evaluation.
6. Employees shall be paid by twelve noon (12:00) on or before every other Friday. When the normal pay day falls during an employee's annual vacation leave, such employee shall receive a partial vacation advance on the last working day prior to such an annual vacation leave provided a written request is submitted to the Finance Officer at least five (5) working days prior to said leave.
7. All employees shall receive at least one (1) annual written department evaluation pursuant to department policy as established by the Police Chief. Written evaluations will be given to the employee at least ten (10) days before the end of the particular evaluation period.
8. All step increases, promotions, demotions, or other changes in the employees' salaries shall occur at the beginning of the closest pay period.
9. Performance evaluations shall be completed by supervisor which employee predominantly worked under during review period. However, this will not preclude the evaluating supervisor from getting input from other superiors the employee worked for.
D. Probationary Period .
1. All entry level appointments to the classification of Police Officer shall be tentative and subject to a probationary period of eighteen (18) months.
2. Promotional appointments shall be tentative and subject to a probationary period of one ( 1) year.
3. Lateral appointments shall be tentative and subject to a 12-18 month probationary period as determined by the Personnel Officer and Police Chief. Some of the factors used in determining length of the probationary period include but are not limited to; previous years and level of experience , formal education, POST certificates, specialized training, as well as job performance .
4. The probationary period may be extended prior to the end of the probationary period by the City for a period not to exceed three (3) months as a result of an employee's unfavorable evaluation .
5. During the probationary period, a newly hired employee may be discharged by the City if the City deems the employee unfit or unsatisfactory for permanent employment. The probationary employee shall have the rights of appeal as required by law.
6. During the probationary period, a promoted employee may be demoted back to the previous job held if the City deems the employee unfit or November 5. 2023, POA -5-
167
City Council Agenda Packet, November 20, 2023
167
unsatisfactory for permanent appointment. No probationary period shall be required upon reinstatement to the prior position.
7. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting an employee whose performance does not meet the standards of work.
E. Trainee Levels. The City may, at its discretion , establish Police Academy trainee salary range levels, not less than fifteen percent (15%) below Step 1 of the Police Officer salary range and/or job description .
F. New Classifications . The City may establish new job classifications that do not entail reclassification of an existing position. Employees desiring to compete for such positions will be evaluated in the same manner as any candidate aspiring to receive appointment to the new position.
G. Acting Appointments . The City may designate an employee to an acting capacity in a job classification different than that currently held by the employee. The employee shall receive five percent (5%) above the employee's current base monthly salary added to the employee's wages after ten (10) consecutive working days of satisfactory service in such acting capacity as determined by the City.
1. Service in an acting capacity shall not continue beyond six (6) months without the agreement of employee , Association and City.
2. An employee having served in an acting capacity and subsequently fully appointed to the position shall establish a new anniversary date as the first day of permanent appointment to the position.
H. Promotion . The City may promote an employee to a higher job classification .
1. A promoted employee shall receive a minimum of five percent (5%) increase in salary provided , however , that no employee shall receive a salary which exceeds or deviates from the salary steps established for the promotional job classification. A promoted employee appointed at other than Step 1 shall not receive another step increase for a minimum of one (1) year.
2. A new anniversary date shall be established and the promoted employee shall be subject to a one (1) year probationary period. An employee rejected during this time because of committing a disciplinable act shall be reinstated to the job classification previously held at the same salary level the employee had prior to the promotion without loss of seniority in that classification and/or shall be subject to discipline .
I. Corporal Program. Sworn employees covered by this Agreement shall be promoted to the classification of Corporal as follows:
1. Incumbent Police Officers hired prior to September 5, 1994, shall be eligible for promotion to Corporal without regard to the budgetary limitations established in subsect ion 2 below, based on the following criteria. Education : An A.A./A.S. degree (or equivalent units) from an accredited college in criminal justice or another law enforcement related course of study; Experience : Four (4) years as a sworn Police Officer, November 5, 2023 , POA -6-
168
City Council Agenda Packet, November 20, 2023
168
two (2) of which must be with the City of La Verne; Test: The employee must pass a written test with a 70% score or better and receive satisfactory annual performance evaluations in the prior two (2) years preceding promotion .
2. The number of Corporal positions within the Department shall be limited to one-half of the budgeted complement of Police Officers and Corporals with a minimum of fifteen (15). Eligibility criteria for promotion to Corporal shall be as follows : Education: A.A./A.S. degree (or equivalent units) from an accredited college in criminal justice or other law enforcement related course of study; Experience: Four (4) years as a sworn Police Officer, two (2) of which must be with the City of La Verne .
All promotions to Corporal shall be accomplished through a competitive selection process in accordance with the Personnel Rules and Regulations.
J. Demotion. The City may, with cause, demote an employee to a lower job classification.
1. A demoted employee shall receive a minimum decrease in salary equivalent to one (1) salary step provided, however, that no employee shall receive a salary which exceeds the maximum range level established for the lower job classification .
2. A new anniversary date shall be established for the demoted employee as the day on which the employee begins performing the duties of the lower job classification as determined by the City. A demoted employee will suffer no loss of seniority with the department.
3. No probationary period shall be required for any employee in a classification to which he is demoted .
Article 9 - Hours of Work
A. Normal Work Week.
1. Patrol. The workweek for sworn employees assigned to Patrol shall be the schedule commonly known as the 3/12 Plan as approved by the Association and the City. Under the 3/12 Plan, employees will be scheduled to work a total of 80 hours in a biweekly period. Newly appointed Police Officers assigned to an FTO and employees in training or light duty assignments may be scheduled to work five (5) eight (8) hour days in a workweek .
Level Pay Adjustments. In order to enable employees assigned to the 3/12 plan to receive consistent base pay for eighty (80) hours per pay period , biweekly payroll timecards may be adjusted to reflect eighty (80) hours even though the employee may have worked fewer or more hours during the regular work schedule . For example, an employee who worked a short week of thirty-six (36) hours and a long week of forty-eight (48) hours during a biweekly pay period will have his/her time card adjusted by the addition of four (4) hours for the first week and the deletion of eight (8) hours for the second week. Similarly , an employee who works two November 5, 2023, POA -7-
169
City Council Agenda Packet, November 20, 2023
169
consecutive short thirty-six (36) hour weeks in a biweekly time period will have his/her time card adjusted by the addition of four (4) hours for the first week and four (4) hours for the second week.
2. Motor Officers . Employees assigned to Motorcycle Patrol by the Chief of Police shall be scheduled on a four (4) day, ten (10) hour workweek commonly known as the 4/10 plan.
3. Detective Bureau . Employees assfgned to the Detective Bureau shall be scheduled on either the 9/80 Plan or the 4/10 Plan at the unilateral discretion of the Chief of Police. (Under the 9/80 Plan, employees will be scheduled to work eight (8) nine-hour shifts and one (1) eight hour shift for a total of 80 hours in a two-week period.) In making a determination to change the work schedule from either the 9/80 Plan or the 4/10 Plan, the Chief of Police may take unilateral action without prior notice to, or consultation with, the Association . In determining the appropriate work schedule for detective bureau employees , the Chief of Police may consider criteria that includes , but is not limited to, sick leave usage, overtime, productivity, schedule coverage, etc. The parties to this Agreement understand and agree that special assignment pay will not be provided to employees with detective bureau assignments .
4. School Resource Officer. The School Resource Officer shall be scheduled on the 9/80 Plan or the 5/8 Plan at the unilateral discretion of the City to best operate the program in the schools . The City shall have the unilateral discretion to further modify both the School Resource Officer assignments, and the scheduled hours and days of work, consistent with the recognition that school recesses and holiday and summer breaks can regularly minimize the scope of services to reasonably be performed by the School Resource Officer. School Resource Officers shall be allowed to take a paid leave from their assignment during the Christmas and/or spring break.
5. Regional Task Force Officers. The workweek for employees assigned to regional task force operations will not be modified or altered by this Agreement.
B. Light Duty. An employee placed on light duty due to a temporary disability may be required to revert to the traditional five (5) day, eight (8) hour schedule for the duration of the light duty assignment.
C. Limit on Consecutive Hours Worked . An Officer assigned to Patrol shall not be permitted to work in excess of 16 consecutive hours, unless otherwise authorized during emergency conditions.
D. Relief Due to Afternoon Court Appearance. An Officer assigned to Patrol who has worked the previous twelve (12) hour night shift and is required to appear in court beyond 1 :30 p.m. on the day following shall be entitled to obtain relief for the upcoming night shift on the day of the court appearance .
In the event that such relief due to an afternoon court appearance is needed, the employee shall be entitled to use vacation or compensatory time off.
November 5, 2023, POA -8-
170
City Council Agenda Packet, November 20, 2023
170
Article 10- Special Assignment Pay
Unit members placed in any of the following assignments detective bureau , school resource officer, traffic car, motor officer, canine, or regional task force detective will be provided with a monthly stipend of $250.
Unit members placed in the FSET or CNT assignments will be provided a monthly stipend of $125.
Special Assignment Pay amounts will be distributed on a per pay period basis and will begin or end with the start of the pay period closest to the effective date. Pursuant to California Code of Regulations (CCR) Section 571, this pay shall be reported to CalPERS as special compensation , to the extent permitted by law, A. All affected employees participating in a special assignment , shall be subject to the removal/appeal policies and procedures set forth below in subsection 8.
B. A California Court of Appeal case has recently held that in many circumstances, reassignment from a special assignment as described above and loss of bonus compensation can be implemented only upon the Department stating cause for the reassignment , and with the Peace Officer then having a right to contest the reassignment through all available administrative appeal procedures . In this case, said procedures may include access to a trial-type evidentiary hearing. (The City does not acknowledge that said court ruling is controlling, yet it does form the basis for the compromise described in this Article.). However, the following limitation shall apply to administrative appeals conducted pursuant to Article 10 of the MOU, and which regard reassignment from a special assignment as that term is used in this Article:
1. During the first twelve (12) consecutive months that an affected employee is assigned to a special assignment which provides for compensation in addition to the officer's base salary, said individual shall be subject to removal from the special assignment , without a statement of cause by the Department and without the right to any administrative or civil method of appealing said decision except as specifically set forth herein. The sole administrative appeal pursuant to section a1 shall be non-evidentiary meeting with the Chief of Police. There shall be no subpoena power, no testimony, and the determination of the Chief of Police shall be final for all purposes . In the case of any such removal, the officer shall continue to receive the pre-existing base salary. Such an affected employee shall be treated as one who has not successfully completed the probationary period required by the Agency , as said term is used and applied in Government Code §3304(b) .
2. Upon any reassignment out of a special assignment, the special compensation bonus provided to the employee shall be eliminated .
3. The parties recognize that there exist appellate case decisions to the effect that a waiver by an employee organization as to disciplinary due process and appeal rights held by individual members of the Association November 5, 2023, POA -9-
171
City Council Agenda Packet, November 20, 2023
171
pursuant to Government Code §3304(b) or otherwise, is invalid as regards the individuals (assuming arguendo that any exist as to those employees referenced in B1 above). Therefore , the parties further agree that each individual officer who is assigned to any special assignment on or after the date of adoption of this MOU shall enter into a written agreement evidencing a waiver of any administrative appeal rights as described herein and of their agreement to be bound by the rules set forth herein governing reassignment and loss of specialty compensation. The parties acknowledge that said waiver does not constitute a waiver of "due process" rights. Rather, and inasmuch as the limited appeal rights described herein apply to special assignees who in essence , have not completed probation in the assignment , and inasmuch as no appeal rights are provided pursuant to §3304(b) as to said individuals, there is no "due process" to waive. Said waiver shall be signed prior to assignment of an effected employee to a special assignment.
4. The waiver to be signed by each affected employee is attached hereto as Addendum A and incorporated herein by reference as though set forth in full.
C. Additionally , the Association further agrees that if either the Association or any unit member challenges the legality of the probationary period, the above stipends shall immediately terminate without the necessity of requiring a meet and confer process .
D. Lead Motor Officer Differential. At the discretion of the Chief of Police, following the conclusion of a competitive selection process , one (1) employee assigned to motorcycle patrol duty may be designated as Lead Motor Officer.
An employee so assigned by the Chief of Police shall receive a monthly salary differential of $100 in recognition of the following duties and responsibilities:
1. Supervise commercial vehicle enforcement;
2. Supervise special event traffic activities, including DUI checkpoints;
3. Determine and justify traffic enforcement training and budget needs;
4. Monitor citation productivity ;
5. Develop motor officer schedule in conjunction with watch commander;
6. Coordinate with schools and crossing guards to provide safe routes to schools ;
7. Supervise and coordinate investigations of fatal traffic accidents ;
8. Review collision reports for CHP and SWITRS input;
9. Pursue traffic grant opportunities.
E. Canine Assignment. At the discretion of the Chief of Police, an employee may be assigned to a canine officer detail. Employees who are assigned to a canine officer detail will receive compensation as described below. The Association and the City agree that this canine assignment pay is intended to compensate canine officers for off-duty time spent caring, grooming, feeding , training , and otherwise maintaining their assigned canine/equipment ("canine activities"), in compliance with the FLSA and interpretive cases and rulings.
November 5, 2023, POA -10-
172
City Council Agenda Packet, November 20, 2023
172
The canine officer will be paid four (4) hours at the canine officer's base hourly rate for up to 26 pay periods per fiscal year for canine activities. The Association and the City agree that 4 hours per 26 pay periods has been determined to be the amount of time the canine officer spends on canine activities and that this amount of time was determined through inquiry of the canine officer and their feedback . In addition , canine officers shall receive one day off (12 hours) per month to be scheduled by the Department at its discretion .
Article 11 - Overtime
A Prior Authorization . All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible , explicit verbal authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized.
An employee's failure to obtain prior written approval , or explicit verbal authorization followed by written authorization , will result in the denial of the overtime request.
Employees are cautioned not to spend excessive amounts of time at their work station before or after their normal work period. This incidental tfme will hot be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained .
B. Rate/Paid Leave Time. Eligibility tor overtime pay shall be provided as follows :
1. 3/12 Plan. Employees assigned to the 3/12 plan shall receive overtime pay at time and one-half for all hours worked over their normal assigned shift or workweek.
2. 4/10 Plan. Employees assigned to the 4/10 plan shall receive overtime pay at time and one-half for all hours worked over their normal assigned shift or forty (40) hours in a week.
3. 9/80 Plan. Employees assigned to the 9/80 plan shall receive overtime pay at the rate of time and one-half for all hours worked over their normal assigned shift or eighty (80) hours in a fourteen (14) day work period.
4. 5/8 Plan. Employees assigned to the 5/8 plan shall receive overtime pay at time and one-half for all hours worked over their normal assigned shift or forty (40) hours in a week.
C, Hours Worked. "Hours worked" shall not include paid leave time such as sick leave and compensatory time off unless the employee is "called in" to work overtime; or is required or requested by supervision to work beyond normal shift hours; or is subject to a required court appearance ; or is scheduled to work a third party contract assignment (i.e., Fair, high school events , etc.). "Hours worked" shall include vacation time subject to the following conditions :
November 5, 2023, POA -1 1-
173
City Council Agenda Packet, November 20, 2023
173
1. An employee that is scheduled to be on vacation on the date of an "overtime shift" shall not be eligible to receive overtime pay as a result of working the "overtime shift" when the employee was previously scheduled to work that same shift prior to taking the vacation.
2. Reversion to Vacation Time Not Counted as "Hours Worked". If the City determines that an employee(s) has abused the inclusion of vacation time as "hours worked ," a forty five (45) day meet and confer period between the City and the Association shall commence to resolve said abuse. If, after the 45 day meet and confer period expires, the City determines that the identified abuse has not been resolved , vacation time shall no longer be counted "hours worked ."
D. Compensatory Time. Employees may accrue compensatory time in lieu of overtime pay as allowable under the FLSA as follows:
1. Accrual. For each hour of overtime worked , the employee may accrue compensatory time in lieu of overtime pay at the rate of one and one-half.
Sworn employees may accumulate up to four hundred eighty (480) hours of compensatory time in the calendar year.
2. Use as Paid Leave. All accrued compensatory time must be used in the form of paid leave or cashed out in the calendar year in which it was earned. Scheduling for use of compensatory time will be authorized by the department in the same as vacation as noted in Article 15 of this MOU and consistent with Department policy.
3. Cash Out. All accrued compensatory time not used in the form of paid leave must be cashed out in the year in which it was earned as follows :
a. An employee may receive payment for accumulated compensatory time in conjunction with a regularly scheduled vacation leave of at least one week in duration that has been approved by the Department. b. Unused compensatory time on the books as of the first pay period in November shall be paid to the employee by November 23rd of each calendar year. Said annual payment shall be by separate check, barring any change in tax or retirement laws or guidelines .
Compensatory time earned after the first pay period in November may be carried over into the next calendar year.
4. Detective On-call. In consideration of individuals in the Detective Bureau rotating on-call assignment , Officers and Sergeants will be granted 7.5 hours of compensatory time for each weekend of on-call assignment worked. The on call assignment will be rotated on a weekly basis allowing each member assigned to the Bureau equal opportunity for the Friday evening through Monday morning assignment. Additionally , over the following holiday weekends , the on-call detective will receive an additional
2.5 hours of compensatory time in consideration of the extended weekend :
Martin Luther King's Birthday
Presidents Day
Memorial Day
Labor Day
November 5, 2023, POA -12-
174
City Council Agenda Packet, November 20, 2023
174
Thanksgiving weekend
Any weekend where any of the other observed holidays listed in Article 15-B falls on a Monday.
E. Selection for Overtime. Permanent employees shall be given first opportunity to work overtime.
F. Third Party Contract Assignments. Where third party contract assignments provide that four (4) personnel be on duty, one (1) of those personnel shall be a Sergeant.
Article 12 - Call-Back Allowance
An employee who is called back to work after completing a regular work shiff and having left City premises shall be compensated for a minimum of four ( 4) hours or actual hours worked, whichever is greater, at the overtime rate. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever ; however , in the event that an employee is away on vacation and is unexpectedly required to return to duty, the employee shall be entitled to reasonable compensation for interrupted vacation and travel time.
Article 13 - Standby Court Allowance
An employee not otherwise scheduled to work on a given day and who is placed on ''standby" or "on call" status pursuant to subpoena or other lawful order, shall receive four (4) hours salary at straight time as a result of any time spent in such status in the AM. and four (4) hours compensation for all time spent in such status in the P.M. An employee on standby duty may use standby time for his/her own personal purposes , provided, he/she can provide reasonable response time.
At the time it is earned , the employee shall have the option of accruing their four (4) hour morning and/or four (4) hour afternoon standby time at straight time, up to a maximum of twenty-four (24) hours. Said accrual may be used only when the employee can take off without replacement. The City shall not be obligated to pay off said accrual at any time.
If the employee actually responds pursuant to subpoena or other lawful order during the first four (4) court hours in the AM. and/or P.M., then the employee shall be paid the standby rate in the AM. and/or P.M., or the overtime rate for actual hours worked in the A.M. and/or P.M., whichever is greater . Any response thereafter shall be compensated at the overtime rate in addition to the four (4) hours as the standby rate.
November 5, 2023, POA -13-
175
City Council Agenda Packet, November 20, 2023
175
Article 14 - Sick Leave
A. Accrual Rate. Employees shall accrue sick leave at the rate of eight (8) hours per month for each calendar month of service. Such accrual shall take place on a monthly basis, beginning with the first month of employment. Sick leave accrual shall be prorated for employees who begin or terminate their employment in the middle of a calendar month.
B. Deduction . Sick leave granted by the City and used by the employee shall be deducted from the employee's accrued sick leave balance.
C. Accumulation . Sick leave may be accumulated indefinitely as long as the employee works for the City.
D. Accrual During Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as herein provided .
E. Accrual After Separation . Sick leave shall not be accrued by any employee absent from duty after separation from City service or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City. The provisions of Civil Code Section 56.10 shall limit the information that an employee is required to provide .
F. Physician's Certificate . If management has reasonable grounds to believe that sick leave is being abused, evidence in the form of a physician's certificate or otherwise , may be required as a prerequisite to receive sick leave pay to determine the adequacy of reasons for an employee's absence during a time for which sick leave is requested. The employee shall have the right to choose the physician.
G. Personal Illness or Disability . An employee who has contracted or incurred a non-service connected illness or disability which renders him/her unable to perform the duties of his/her position will be eligible to receive paid sick leave provided that the employee complies with the utilization procedures specified in Section J of this Article . Leaves in conjunction with an employee's non elective surgery shall not be considered as a negative reflectio n on the employee's attendance record for purposes of performance evaluation or for the purposes outlined in Section J (4) below.
H. Bereavement leave . Sick leave may be granted for death involving members of the immediate family (for this purpose, membe rs of the immediate family shall be defined as: spouse , domestic partners , mother, father, sister, brother , children, grandparents, grandchi ldren, mother-i n-law, father-in-law) not exceeding one (1) week per occurrence . Evidence of family relationship may be required before such sick leave is granted . One week genera lly means forty (40) hours; however, an employee assigned to an alternative workweek may require more than 40 hours to take one (1) week of bereavement leave. Use of bereavement leave shall not be factored as sick leave under Section J(4} below or for performance evaluation purposes .
I. Family Illness or Disability . An employee will be eligib le to use accrued sick leave for up to 80 hours in the calendar year when there is a sickness or disability involving a member of his/her immediate family, which requires the employee's personal care and attendance . (For purposes of this section, members of the immediate family shall be defined as spouse, domestic November 5, 2023, POA -14 -
176
City Council Agenda Packet, November 20, 2023
176
partner, children, and parent or parent-in-law.) Additional time may be granted at the discretion of the Police Chief. Paid sick leave will be granted in such instances provided that the employee complies with the following utilization procedures specified in Section J of this Article. Use of protected leave under California Labor Code Section 233 (aka kin care leave), will not be considered as a negative reflection on the employee's attendance records for purposes of performance evaluations or for purposes outlined in section J (4) below .
J. Utilization Procedure. An employee requesting paid sick leave in accordance with Sections G (Personal Illness or Disability) or Section H (Bereavement), or Section I (Family Illness or Disability) above , shall comply with the following:
1. Call-in Procedure. The employee shall personally make contact with the Watch Commander at least two (2) hours before the time specified for the beginning of the work shift of his/her absence from duty. In cases in which the ill or disabled employee is physically unable to personally make contact with the Watch Commander , the individual designated to provide notification of the absence shall personally make contact with the Watch Commander.
2. Basis for Absence. The employee or other individual providing notification to the Watch Commander of the employee's absence shall provide the Water Commander with the specific reason for the absence .
3. Accessibility. An employee who has called in sick for personal illness/disability for family illness/disability shall be available at his/her residence for telephone or personal contact from the Watch Commander during the employee's assigned shift. Exceptions to this requirement shall be authorized to seek medical treatment or to obtain medication : however , if it becomes necessary for the employee to leave his/her residence for either of these reasons, the employee shall be required to telephone the Watch Commander to advise where he/she is going and the estimated time of return. Employees who have called in sick to care for an immediate family member who lives outside of the employee 's residence may go to that family member's residence to render care provided that the Watch Commander is given an address and contact telephone number where the employee can be reached during work hours.
Sick Leave Conversion.
'1. Employees with 15 to 20 years of service with the City of La Verne who separate or retire from the City for non-disciplinary reasons may convert a portion of their sick leave balance to vacation leave on a 2:1 basis as outlined in section 6 below, i.e., an employee with 19 years of service who has a current balance of 300 hours of sick leave would receive 150 hours of vacation.
2. Employees who retire from the City with 21 years of service or more with the City on a regular service retirement, may convert sick leave to vacation leave on a 2: 1 basis to a maximum of 500 at 25 years as outlined in section 6 below , i.e., an employee with 23 years of service who has a November 5, 2023, POA -15-
177
City Council Agenda Packet, November 20, 2023
177
current balance of 850 hours of sick leave would be eligible to receive 400 hours of vacation.)
3. An employee with 20 or more years of service with the City that is retiring or has submitted an application for retirement for an industrial disability retirement through PERS will only be eligible for conversion above the 20 year level if the retirement is the direct result of a permanent disabling injury (not illness) that occurred in the line of duty, as a result of a single on-duty incident during the actual performance of law enforcement duties.
4. An employee with 20 or more years of service that either has a retirement that does not qualify under subsection 2 or 3; or separates from the City for non-disciplinary reasons will be capped at the 20-year conversion level (275 hours).
5. Recognizing this conversion formula is provided to reduce use of sick time , both parties agree that during the next MOU negotiation process, the program's success will be evaluated to determine whether savings realized warrant an increase in the conversion rates.
6. Conversion Table.
Years of Service
15 16
17 18
19 20
21 22
23 24
25 Maximum # of Hours
that can be converted
300
350
400
450
500
550
600
700
800
900
1000
Conversion
150
175
200
225
250
275
300
350
400
450
500
7 Sick leave hours converted may not be reported to PERS for service credit.
Article 15 - Holidays
Due to the unique nature of work hours in the Police Department , the following policies will be observed:
A. Shift employees.
1. Definition. Employees assigned to patrol who are scheduled to work the 3/12 plan are regarded as "shift employees" for purposes of this article.
Employees assigned to patrol who are temporarily assigned to the 5/8 plan due to training or light duty shall continue to be regarded as shift employees for purposes of this article.
2. Holiday Pay. Shift employees shall receive eighty (80) hours of holiday pay per year at straight time on a prorated basis over twenty-four (24) pay periods during the calendar year. In addition, a shift employee who works November 5, 2023, POA -16-
178
City Council Agenda Packet, November 20, 2023
178
on a holiday will receive pay for all hours worked at the time and one-half rate. All premium pay for hours worked on a holiday must be received by the employee in the form of pay rather than compensatory time.
3. Transition from Shift to Non-shift Status. When it is confirmed in writing that a shift employee will be reassigned to non-shift status for a period of three (3) months or longer, he/she will cease to receive holiday pay on a prorated basis. As a non-shift employee, said employee will be entitled to receive paid time off for authorized holidays.
B. Non-shift Employees.
1. Definition . Employees who are not assigned to patrol under the 3/12 plan are regarded as "non-shift employees" for purposes of this article.
2. Authorized Holidays . Non-shift employees shall receive pay for their assigned shifts on the following ten (10) holidays on a straight-time basis:
1. New Year's Day 6. Veterans Day
2. Presidents Day 7. Thanksgiving Day
3. Memorial Day 8. Day after Thanksgiving
4. Independence Day 9. Day before Christmas
5. Labor Day 10. Christmas Day
3. Weekends . In the event that any of the above holidays falls on a Sunday, the Monday following will be observed as the holiday. In the event that a non-shift employee is called in to work on a holiday, he/she shall receive pay for all hours worked at the rate of time and one-half.
4. Transition from Non-shift to Shift Status. When it is confirmed in writing that a non-shift employee will be reassigned to shift status for a period of three (3) months or longer, he/she will receive prorated holiday pay pursuant to Section A(2) of this Article in lieu of paid time off.
Article 16 - Vacations
A. Accrual. LVPOA members, shall accrue paid vacation leave as provided below.
Accrual shall be apportioned on a monthly basis and shall be prorated for employees who begin or terminate their employment in the middle of a month.
Consecutive Years
of Service
0-4
Beginning of 5th
Beginning of 6th
Beginning of 7th
Beginning of 8th
Beginning of 9th
Beginning of 10th
Beginning of 11th
Beginning of 12th
Beginning of 13th
Beginning of 14th
Beginning of 1 5th
November 5, 2023, POA
Hours Per Year
104
120
128
136
144
152
160
168
176
184
192
200
-17-
179
City Council Agenda Packet, November 20, 2023
179
B. Vacation Cap. New employees hired and current employees who were not previously LVPOA members before November 5, 2018, will have their vacation hours capped at 400 hours and will not be able to accrue past that amount. a. Employee s subject to tne cap of 400 hours with at least 350 hours of accrued vacation hours will be eligible to cash out up to 40 hours of vacation if they meet the following :
i. Have been denied the use of vacation by the department after submitting a vacation request of no less than thirty-six (36) hours and no more than the equivalent of two (2) weeks ;
ii. The request for vacation (that has been denied) must have been submitted at least thirty (30) days in advance of the first day of the desired vacation date;
111. Have not previously cashed out vacation hours pursuant to this cash out procedu re for the same requested vacation leave (an employee may only cash out vacation hours pursuant to this cash out procedure once per denied vacation request).
b. Employees classified as a police recruit trainee prior to November 5, 2018, will be considered current LVPOA members and will not have their vacation capped at 400 hours.
C. Scheduling . Scheduling of employee vacation leave shall be at the discretion of the City with due regard to the request of the employees and work requirements of the City.
D. During Leave/After Separation. Vacation leave shall not be granted to an employee after separation from City service, during a City authorized leave of absence without pay, or any other absence not authorized by the City, or during the first six (6) months of employment.
E. During Probation . Vacation leave shall not be granted to an employee during the first six (6) months of the employee's original probationary period . However , on the successful completion of six (6) months of service, the employee will be credited with vacation leave that would otherwise have been accrued during that period.
F. Carry Over . LVPOA members not affected by the cap shall take annual vacation leave away from their job duties . In the event that any carryover of accrued vacation leave exceeding the amount received in a twenty-four (24) month period is desired, the employee may request and the City may grant approval for such carryover. If such carryover is not granted , the accrued vacation shall be converted to cash and paid to the employee at his/her current hourly rate.
G. Deduction . Vacation leave granted by the City and used by an employee shall be deducted from the employee's accrued vacation leave.
Article 17 - Uniform Allowance
Each employee shall receive a uniform allowance , currently one thousand dollars ($1 ,000) per year, which is payable as part of the first regular paycheck in November. To be eligible for this benefit, employee must work at least one day in the previous 12 months . Employees who begin or terminate their employment in the middle of a year for reasons other than voluntary resignation shall have their November 5, 2023, POA -18-
180
City Council Agenda Packet, November 20, 2023
180
uniform allowance prorated. Annual upward adjustments in the uniform allowance will be based on the median amounts for sworn classifications of the local survey agencies listed in Article 8 as of October 31st of each year.
Article 18 - Retirement
The plan is administered by the CalPERS Board. The City and the employees shall be subject to the rules and regulations governing retirement , employer and employee contributions, etc., as endorsed and accepted by the CalPERS Board, except as otherwise noted herein.
A. Employer Contribution . Minimum contribution amounts are fixed by the governing board of PERS and is divided between the City and employee. The City shall pay costs designated as employer charges as set forth by the PERS governing board, except as otherwise agreed to by members.
B. Employee Contributions for "New Members," as Defined by PEPRA, Hired After January 1, 2013; Public Safety PERS 2.7% @57 under PEPRA.
"New Members" shall be subject to all of the conditions set forth in the Public Employees' Pension Reform Act of 2012 (PEPRA), which include, but are not limited to the following:
1. Employee contribution rate for "new members" as defined by PEPRA is at least 50% of the normal cost rate for that defined benefit plan, rounded to the nearest quarter percent or the current contribution rate of similarly situated employees , whichever is greater.
2. Compensation cap for "new members" as defined by PEPRA (120% of Contribution and Benefit Base).
3. Calculation of benefits based on base pay for "new members" as defined by PEPRA.
4. Three (3) year average final compensation for "new members" as defined by PEPRA.
5. Benefits will be determined in accordance with all of the applicable requirements of PEPRA.
C. Employee Contributions for "Classic Members"; Public Safety PERS 3% ~ -
1. Classic PERS Members, individuals who joined PERS prior to January 1, 2013, will be responsible for paying the full amount of their employee contribution (9% of reported compensation) .
2. Effective the first full pay period of November 2023, or upon the effective date of an amendment to the CalPERS contact, whichever is the later, LVPOA "Classic" members will begin cost sharing an additional one-half percent (0.5%) toward the employer's PERS contribution. Also, effective the first full pay period of July 2024, LVPOA "Classlc" members will cost share an additional one-half percent (0.5%) for a total addition of one percent (1 .0%) of the employer's PERS contribution.
November 5, 2023, POA -19-
181
City Council Agenda Packet, November 20, 2023
181
E. Credit for Unused Sick Leave. Effective July 1999, the City will bear the cost for the credit for unused sick leave benefit under PERS.
F. 3rd Level 1959 Survivor Benefit. Effective August 1988, the City will bear the cost for the 3rd Level 1959 Survivor benefit under PERS.
G. 4th Level 1959 Survivor Benefit. Effective July 2009, the City will bear the cost for the 4th Level 1959 Survivor benefit under PERS.
Article 19 - Medical and Dental Plans
A. Medical Plans - LVPOA Members Prior to November 5, 2018: For current LVPOA members serving prior to November 5, 2018, the City shall provide, at its expense, a fully paid medical health maintenance organization (HMO) plan offered by the City and approved by the Association through the Employee Health and Safety Committee for all employees and their dependents.
Employees shall also have the ability to choose from an optional plan and the City will agree to pay an amount not exceeding the cost of the Blue Cross HMO premium or its equivalent for the employee and his/her dependents . At the time of hire, an employee shall choose a plan that best meets the needs of the employee.
2. An open enrollment period will occur in May-June of each year (effective July 1 ). Unless otherwise required by law, only during this time may the employee change to another plan.
3. Employees classified as a police recruit trainee prior to November 5, 2018, will be considered current LVPOA members for the purposes of City medical insurance contributions.
B. Medical Plans - LVPOA Members After November 5, 2018: For new employees hired and current City employees who become an L VPOA member after November 5, 2018, the City shall contribute up to the following amounts toward health insurance benefits with any additional costs being the responsibility of the employee:
1. Employee Only = $650
2. Employee plus spouse = $1 , 150
3. Employee plus child = $950
4. Employee plus family= $1,500
C. Medical Plans - Retired Employees: The City shall provide monthly medical insurance contributions to retired employees up to the following amounts:
• Those who retired between 10-1-84 and 9-1-90:
- Single $88.32
- Couple $181 .06
- Family $247.30
• Those who retired between 9-2-90 and 12-31-99:
- Single $110.00
- Couple $225.00
- Family $247.30
The amount of City-paid contributions towards medical insurance for those who retired prior to 12-31-99 shall be permanently fixed and will not be November 5, 2023, POA -20-
182
City Council Agenda Packet, November 20, 2023
182
increased in conjunction with changes in monthly premium rates. • Those who retire after 1-1-00 will be provided with monthly medical insurance contributions in an amount of eighty-five percent (85%) of the monthly premium of the least expensive HMO plan (for the retiree and covered dependents). The amount of this City-paid monthly contribution toward medical insurance premiums for those retired after 1-1-00 shall not be permanently fixed and will increase in conjunction with changes in monthly premium rates. The City shall provide this benefit only to those retired employees and their dependents who meet conditions shown below. • Those who retire after 1-1-05 will be provided with a monthly medical Insurance contribution in an amount of 80% of the monthly premium of the least expensive HMO plan that the City provides to its active employees (for the retiree and covered dependents) . The amount of this City-paid monthly contribution toward insurance premiums for those retired after 1-1-05 shall not be permanently fixed and will increase in conjunction with changes in monthly premium rates. The City shall provide this benefit only to those retired employees and their dependents who:
1. Had at least twenty (20) years of service with the City of La Verne.
2. If eligible for Medicare , have enrolled in and maintain Medical coinsurance benefits in which case the City shall provide a supplemental medical insurance plan and contribute 80% of supplemental rates that shall not be fixed but will not exceed the aforementioned contribution amounts.
3. Are not receiving disability retirement benefits through the PERS nor have filed for industrial disability retirement benefits through the PERS with the following exception as determined by the City Manager:
a. the employee (without regard to years of service) suffered a permanently disabling injury (not illness) in the line of duty as a result of a single, on-duty incident during the actual performance of law enforcement duties; and
b. the employee has not declined an offer of a modified duty assignment; and
c. the employee's disabling injury that necessitates retirement specifically excludes back injuries, psychological problems, heart disease , hypertension and stress trauma.
4. Obtain their medical insurance through the City. However, a retiree who chooses to purchase medical insurance from an independent source may receive direct payments from the City in the amounts specified above. In order to receive such direct payments, the retiree shall provide the City with an annual. signed statement certifying that he/she has medical insurance coverage to cover the cost of catastrophic illness or Injury for the retiree and dependents. Said medical insurance payments shall be made on a quarterly basis.
5. Upon death of the retired employee, dependents will not be eligible for medical insurance through the City.
6. Beginning on January 1, 2014, there shall be a cap of $300 on post Medicare monthly medical insurance contributions by the City to retired November 5, 2023, POA -21-
183
City Council Agenda Packet, November 20, 2023
183
employees who were hired prior to January 1, 2014. The City shall not contribute any amount toward the post Medicare monthly medical insurance contributions for employees hired on or after January 1, 2014.
The aforementioned cap is based on a current Medicare supplement premium ($170 as of January 2014) and will be reevaluated upon renewal of this agreement.
• Those employees hired and current employees who become an L VPOA member after November 5, 2018, will not be eligible for City contributions toward retiree medical insurance. Employees classified as a police recruit trainee as of November 5, 2018, will be considered current LVPOA members for the purposes of City contributions toward retiree medical insurance.
D. Dental Plan. The City shall contribute to a group dental plan for the employee and eligible dependents in the form of an allocation of up to $44 per month. Such amount shall be applied toward premiums of a City group dental insurance policy, or through a self-insured plan that provides employees with potential for monetary benefits equal to or exceeding the City allocation of $44 per month.
E. Medical Savings Trust. No later than December 31, 20241 the City will create and contribute $100 per month to a retiree health savings plan for members hired after November 5, 2018. Contributions will begin the first full pay period in January 2025.
Article 20 - Training
A Required Training. Where, as a condition for continued employment, the City requires attendance at a school or training establishment and where a fee is charged, the City shall pay such fees. An employee shall suffer no loss of wages or benefits if attendance during working hours is required. Books and materials purchased by the City will remain City property.
B. Training Pay - FTO.
1. Field Training Officers (FTOs) shall receive a five percent (5%) salary differential when specifically designated to train a new recruit on a regular basis. Said differential shall be effective at the beginning of the closest pay period and shall be for a minimum duration of one (1) full pay period.
2. An FTO shall receive a $25 training stipend for each shift they are specifically designated to train a new officer and/or a new reserve officer.
C. Training Committee. A committee comprised of two (2) Association representatives and two (2) management representatives will meet on a quarterly basis to review required and desired training and to establish training schedules subject to the approval of the Chief of Police.
D. Driving Time. Employee driving time to and from a training venue that exceeds his/her normal commute will be recognized as hours worked in fulfilling the employee's regularly scheduled workweek. Under no circumstances will an employee be paid for driving time that extends beyond the regular workweek nor will employees be authorized to receive overtime pay for driving time related to training.
November 5, 2023, POA -22-
184
City Council Agenda Packet, November 20, 2023
184
E. Training Bank. In order to accommodate the scheduling and completion of ongoing departmental training , without incurring a substantial amount of overtime or impacting the number of personnel on patrol, the City and the Association agree to establish a "Training Bank". This Bank will consist of paid but unworked hours. Based on the patrol scheduling of 12-hour shifts in a combination of three 3-shift weeks and one 4-shift week, each officer assigned to patrol will accumulate 48 hours of unworked time over the course of 26 pay periods. This "balance will be tracked and used to accommodate an equal number of training hours scheduled throughout the year.
F. Training Staff Assignments . In recognition of the time that individuals assigned as training staff spend outside of their normal duties preparing and conducting in-house training, such assignments will be provided with four (4) hours of compensatory time per month . Said benefit is available only to those individuals assigned by the Police Chief as range master or use of force instructor.
Article 21 - Time Off to Employee Representatives
The City will allow a maximum of three (3) Association representatives time off without loss of compensation or benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation . Said representatives shall be given time not to exceed twenty-four (24) hours at the sole discretion of the City Manager to attend an annual seminar .
Article 22 - Education Incentive and Tuition Reimbursement A. Education Incentive Pay. The City shall pay education incentive for job related degrees for sworn personnel. The rate will be six percent (6%) of base monthly salary for an A.A./A.S. degree (or equivalent units) or Intermediate P.O.S.T. certificate ; eight and one-half percent (8.5%) of base monthly salary for a B.A./B.S. degree or Advanced P.O.S.T. certificate; and eleven percent (11 %) of base monthly salary for a B.A./B.S. degree and Advanced P.O.S.T. certificate . Degree units must be with an institution recognized by P.O.S.T. for certificate purposes. These amounts are not cumulative . a. Beginning the first full pay period of July 2024, the rates for education incentive shall increase to:
i. 7% of base monthly salary for AA/AS degree (or equivalent units) or Intermediate P.O.S.T certificate
ii. 9.5% of base monthly salary for a BA/BS degree or Advanced P.O.S.T certificate
iii. 12% of base monthly salary for a BA/BS degree and Advanced P.O.S.T certificate .
B. Tuiti_on Reimbursement. Non-probationary employees who have attained an Associates of Arts or Science degree from a community college or provide written documentation from an accredited college or university of enrollment November 5, 2023, POA -23-
185
City Council Agenda Packet, November 20, 2023
185
with junior class standing or higher shall be eligible for tuition reimbursement for courses leading toward completion of a Bachelor's degree in a field related to police science/administration , e.g., criminal justice , public administration, organizational management , etc. An employee pursuing a Master's degree in the aforementioned fields may petition for consideration for tuition reimbursement under this section. The City's Personnel Officer shall determine employee eligibility and eligibility of courses for tuition reimbursement , subject to review by the City Manager whose decision shall be final. Upon confirmation of eligibility and completion of courses with a grade of B or higher, the employee will be reimbursed for the cost of tuition and books up to $1 ,700 per calendar year. For purposes of determining what year an expense is charged to, the date the last class session was held will be used.
Article 23 - Firearms Qualification Program
Represented employees shall be provided a monthly benefit based on their level of firearm proficiency as follows :
• Designated Expert (395-400)
• Expert (380-394)
• Sharpshooter (356-379)
$125 per month
$1 00 per month
$50 per month
Testing will be conducted two times per year with the stipend to be adjusted according to employee 's results and distributed prospectively commencing with the beginning of the next full pay period.
In the event an officer eligible for the above proficiency pay is off on a work related injury for more than 30 consecutive days, the above proficiency pay shall be withheld from the 31st calendar day until at least the date of return from the leave of absence. Upon return from such leave in excess of 30 consecutive calendar days , the firearm proficiency bonus shall be prospectively reinstated as long as a proficiency test has not been missed. If a test is missed , the proficiency bonus will be reinstated only after the employee completes a proficiency test at a compensable level of proficiency .
Article 24 - Gym Membership Reimbursement
The City will provide a gym membership reimbursement to employees in an amount up to a total of $250 per year subject to the following conditions :
A The gym membership reimbursement shall only be available for gym memberships.
B. Employees must provide proof of gym membership payment to receive the reimbursement.
C. Submittals for reimbursement must be made during January and/or July of each year. Employees may submit for a full year of reimbursement in January provided that proof of prepayment obligations for the full year is submitted.
November 5, 2023, POA -24-
186
City Council Agenda Packet, November 20, 2023
186
D. Employees acknowledge that they are utilizing the gym for personal purposes only, during off-duty hours and not for any work related purpose , and must sign a City waiver and release form releasing the City from liability associated with employees ' activities at the gym.
Article 25 - Bilingual Pay
The City will provide a monthly stipend of $150 for each represented employee that demonstrates his/her ability to fluently speak and understand Spanish or another language . The City and the Association will develop an appropriate proficiency exam in conjunction with the local university or high school to certify an individual 's abilities.
With the exception of Spanish , the City reserves the right based on operational needs to determine which languages will be eligible for bilingual pay as well as certify the number of employees it deems necessary .
Article 26 - Workers' Compensation Insurance
The State workers' compensation laws and this MOU shall govern all aspects of duty related injuries, illnesses, and accidents .
A. Provision of. The City will provide the Association members workers ' compensation insurance .
B. Industrial Injuries and Accidents.
1. Employees shall report any duty related injury or illness which requires medical treatment to the appropriate department supervisor as soon as physically possible.
2. Employees shall report any duty related injury or illness which does not require medical treatment to the appropriate department supervisor by the end of the workday on which the injury or illness occurred .
C. Accident Reporting. Employees shall report any accident that results in any injury or property damage to the appropriate department supervisor as soon as physically possible.
D. Medical Treatment. Any employee suffering from any duty related injury or illness which requires medical treatment shall immediately seek such treatment from a City designated physician or medical facility unless, prior to the injury or illness, the employee has filed a written notice with the City Manager/Personnel Officer designating the name and address of a treating physician of his/her own choice.
E. Leave of Absence for Industrial Disability Qualification. An employee suffering a duty related injury or illness that disables that employee from the performance of regular job duties may request a leave of absence for Industrial disability. Such request may be submitted in the form or a workers' compensation claim . Any dispute regarding such claim shall be resolved through the State Workers' Compensation Appeals Board process.
Novemb er 5., 2023, POA -25-
187
City Council Agenda Packet, November 20, 2023
187
F. Compensation. For any employee on leave of absence under the workers' compensation sections of the California Labor Code, accumulated paid leave tnay be prorated to supplement such temporary disability compensation payments , provided that the total amount shall not exceed the regular gross salary of the employee.
G. Usage of 4850 Time. Usage of Labor Code§ 4850 time off is intended to allow a temporarily disabled peace officer to recover and rehabilitate from illness or injur[es rendering the individual unable to perform the essential duties of the job. Section 4850 time is not intended to provide a vacation to the affected employee . Therefore, without prior approval from the office of the Chief of Police, an employee benefiting from Labor Code § 4850 time off shall not travel more than four (4} hours driving time from his or her residence during days that would otherwise be scheduled work days. This limitation is not intended to prevent an employee from utilizing vacation while off on 4850 time.
Article 27 - leave of Absence
A. Request for Leave. Any employee who has successfully completed the original probationary period may request a leave of absence for a period of time not to exceed one (1) year.
B. Automatic Resignation. Employee use of leave of absence for a purpose other than that requested shall be considered as an employee's automatic resignation from City service.
C. Approval. The City shall have sole discretion in approving or disapproving any employee request for leave of absence or in granting any pay or benefits.
Any paid leave of absence exceeding thirty (30) days must be approved by the City Council.
Article 28 - Long Term Disability and Life Insurance
A. long Term Disability Insurance. The City shall provide and fund a long term disability (LTD) plan meeting the following criteria, as defined in the contract with the insurance company:
Waiting period 90 days
Benefit period to age 65
% of insured earnings 66 2/3%
Maximum benefit $5,000
B. Life Insurance. The City shall also provide and fund a term life insurance policy with a fifty thousand dollar ($50,000) benefit and a fifty thousand dollar ($50,000) accidental death and dismemberment benefit.
November 5, 2023, POA -26-
188
City Council Agenda Packet, November 20, 2023
188
Article 29 - Grievance Procedures
A. Right of Appeal. A grievance is an alleged violation of a specific clause of this Memorandum of Understanding and other rules, regulations , or procedures of the City. An employee's exclusive recognized labor organization or the City may grieve an action or inaction pursuant to the procedures herein specified .
8 .. informal Grievance Procedure. The first attempt to settle a grievance will be through discussion with the immediate supervisor . If, after this discussion , the matter has not been resolved, the employee shall have the right to discuss it with the supervisor's immediate superior. Every effort should be made to find a solution by informal means at the lowest level of supervision. If the matter is not settled , the employee shall then have the ri'ght to file a formal appeal in writing to the department head within fifteen (15) days after receiving the decision of the supervisor.
C. Formal Grievance Procedure. An employee filing a formal appeal shall do so in accordance with the following :
1. First Level of Review. The appeal shall be presented in writing to the employee's department head that shall render a decision in writing to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision or if no answer has been received within the time, the employee may present a written appeal to the City Manager. Should the employee fail to take action within fifteen (15) calendar days after receiving the decision of his department head, or within the same time period from the time the appeal was filed if no department head decision is rendered, the appeal shall be deemed to have been abandoned and terminated.
2. City Manager Review. The City Manager or a designated representative shall discuss the grievance with the employee or a representativ e, if any, and with other appropriate persons. The City Manager may designate a fact-finding committee for advice concerning the appeal. The City Manager shall render a decision in writing to the employee within fifteen (15) calendar days. If the employee does not agree with the decision , the employee shall then have the right to file a formal appeal in writing to the City Council within fifteen (15) calendar days after receiving the decision of the City Manager.
D. Appeal to the City Council. On receipt of an appeal, the City Council may make such investigations as it deems necessary. The City Council will decide whether or not to hear the appeal or to appoint a hearing officer or body. The employee may request that the appeal be considered at a public meeting or at a closed executive session . The City shall notify the employee requesting the hearing of the date , time, and place of the hearing. Unless incapacitat ed, the employee making the appeal shall appear personally before the City Council or hearing officer at the hearing,
Upon conclusion of any investigation or hearing, the City Council shall cause its findings and recommendations to be prepared in writing and shall certify the November 5, 2023, POA -27-
189
City Council Agenda Packet, November 20, 2023
189
same. Such findings shall be countersigned and filed as a permanent record by the City Manager. Any member of the City Council may submit a minority or supplemental report, which shall be part of the permanent record by the City Manager .
Article 30 - Jury Duty
Employees called for jury duty shall notify the City of the call and if, in the opinion of the City, the absence of the employee would cause undue disruption of work programs , the City may direct the employee to request an exemption from jury duty.
Time spent off the job while serving on jury duty shall be compensated at straight time. All per diem reimbursement paid by the court to the employee for time spent on jury duty shall be transferred to the City.
Article 31 - Inspection Privileges/Posting of Notices
A Authorized agents of the Association shall have access to City premises during working hours for the purpose of adjusting disputes , investigating working conditions and such other matters. Such access shall be restricted so as not to interfere with normal conduct of City services, or with City safety or security standards .
B. Designated City bulletin boards shall be used for transmitting notices of Association meetings , elections, results of elections, and any other matters pertaining to Association business . In all cases where such items are to be put on City bulletin boards , the City shall have the right to review and approve such materials .
Article 32 - Safety and Health/Drug Testing
A Safety Equipment. The City will make provisions for the safety and health of City employees during the hours of their employment. Protective devices. safety wearing apparel, equipment , and facilities shall be provided by the City and shall comply with requirements under applicable regulations and laws.
Employees shall utilize such safety and health devices , apparel, equipment , and facilities when needed.
B. Minimum Manning. The Police Chief will develop and implement a minimum staffing policy.
C. Non-Fraternization Policy. The City desires to avoid misunderstandings , complaints of favoritism, possible claims of sexual harassment , and other problems of supervision , security or employee morale that can potentially result from romantic or sexual relationships between supervisory employees and the employees they supervise. Accordingly, supervisors are prohibited from developing a romantic or sexual relationship with any subordinate November 5, 2023, POA -28-
190
City Council Agenda Packet, November 20, 2023
190
employee in their chain of command. Employees who violate this policy will be subject to discipline up to and including termination of employment.
Article 33 - Work by Management Personnel
It is agreed that management personnel will not perform work that is normally performed by employees covered in this MOU. Management and/or supervisory personnel may perform any work required or directed in the event of an emergency .
Article 34 - Non-discrimination
Neither the employer nor the Association shall discriminate against any employee or applicant for employment because of race, color, creed, age, sex, sexual orientation , national origin, or union or nonunion activities.
Article 36 - Fair Labor Standards Act (FLSA} Requirements A Exemption. The City of La Verne has exerc'ised its ability to take a statutory "7K" exemption for sworn personnel. The work period for such employees shall be determined by this Agreement.
B. Fair Labor Standards Act Exempt Employees. Although all classifications listed in this MOU are part of the L VPOA bargaining unit; for purposes of the FLSA, the City may designate specific positions exempt per Department of Labor guidelines. The City shall so inform said employees in writing and place a copy of said notice in the employee's personnel file.
C. Clothes Changing . Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion .
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as a non-police issue garment covers the badge and other insignia . Employees choosing to wear their uniforms covered to and/or from work should not wear their gun belt.
Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever.
D. Early Relief Policy. The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing relief shall not have his/her compensable hours increased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed November 5, 2023, POA
191
City Council Agenda Packet, November 20, 2023
191
to employees by other employees that leave the employment of the City or are assigned to other duties.
E. Firearms Qualification . All members of the department are required to qualify and receive remedial training while on duty. Employees who choose to shoot at the range at times other than the required qualification dates will be considered on personal time. Such personal time is not counted as working time and is not compensable in any manner whatsoever.
F. City Vehicle Use. Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.
G. Gym Facility. The City provides a gym membership reimbursement for the use of a gym facility. Use of the gym facility is for personal use only during employees' off duty hours. Time spent by employees using the gym facility is not considered hours worked and will not be compensated in any manner.
H. Training Time. The current City/Police Department training time salary and cost reimbursement policies shall be continued but, in no case, shall such remuneration be less than mandated by the FLSA.
I. New Fair Labor Standards Act Regulations. The City and Association agree that in the event the DOL issues new or revised interpretive regulations defining what are and what are not compensable hours of work , the City shall amend any affected provisions of this Memorandum of Understanding to comply with such regulations.
Article 36 - Savings Provision
If any provision(s) of this MOU are held contrary to law, such provfsion(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. If any clause is invalidated , said clause shall be subject to the meet and confer process.
Article 37 - Drug and Alcohol Abuse Policy
The City's Administrative Regulation No. 316 on Drug and Alcohol Testing, which provides for pre-employment , reasonable suspicion , post-accident and random testing will be applicable to all employees covered by this Agreement.
Article 38 - DROP Program
Association agrees the DROP program can be made available to members who retire with a regular service retirement.
November 5, 2023, POA -30-
192
City Council Agenda Packet, November 20, 2023
192
Article 39 - Term of Memorandum of Understanding
This Memorandum of Understanding shall remain in full force and effect from July 1, 2023, through and including June 30, 2025.
No later than November 30, 2024, both parties will initiate and engage in negotiations for a multi-year successor agreement.
LA VERNE POLICE OFFICERS' ASSOC.
By ____ ,--;,lr----________ _
A {it. R . ssocIa I0n epresentatIve
By ~~
Association Representative
November 5, 2023, POA -31-
DATED J/4v~l.~f H, ) v J.1
CITY OF LA VERNE
By _____________ _
City Manager
193
City Council Agenda Packet, November 20, 2023
193
RESOLUTION NO. 232-45XX -1-
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE
AND
THE LA VERNE POLICE OFFICERS' ASSOCIATION
___________________________________________
Article 1 – Recognition
Article 2 – City Council Approval
Article 3 – Management Rights
Article 4 – Association Rights
Article 5 – Association Dues
Article 6 – No Strike/No Lockout
Article 7 – Layoff Procedures
Article 8 – Salary Rates and Step Advancements
Article 9 – Hours of Work
Article 10 – Special Assignment Pay
Article 11 – Overtime
Article 12 – Call-Back Allowance
Article 13 – Standby Court Allowance
Article 14 – Sick Leave
Article 15 – Holidays
Article 16 – Vacations
Article 17 – Uniform Allowance
Article 18 – Retirement
Article 19 – Medical and Dental Plans
Article 20 – Training
Article 21 – Time Off to Employee Representatives
Article 22 – Education Incentive and Tuition Reimbursement Article 23 – Firearms Qualification Program
Article 24 – Gym Membership Reimbursement
Article 25 – Bilingual Pay
Article 26 – Workers’ Compensation Insurance
Article 27 – Leave of Absence
Article 28 – Long Term Disability and Life Insurance
Article 29 – Grievance Procedures
Article 30 – Jury Duty
Article 31 – Inspection Privileges/Posting of Notices
Article 32 – Safety and Health/Drug Testing
Article 33 – Work by Management Personnel
Article 34 – Non-discrimination
Article 35 – Fair Labor Standards Act (FLSA) Requirements Article 36 – Savings Provision
Article 37 – Drug and Alcohol Abuse Policy
Article 38 – DROP Program
Article 39 – Term of Memorandum of Understanding
194
City Council Agenda Packet, November 20, 2023
194
RESOLUTION NO. 232-45XX -2-
Article 1 – Recognition
The City of La Verne (hereinafter referred to as "City") has formally recognized the La Verne Police Officers' Association (hereinafter referred to as "Association") as the representative for full-time City employees in the following job classifications:
Police Officer
Senior Police Officer/Police Corporal
Police Sergeant
Article 2 – City Council Approval
It is agreed that this Memorandum of Understanding (MOU) is of no force or effect until ratified, approved and adopted by the City Council of the City of La Verne.
Article 3 – Management Rights
To the extent that the fo llowing are not inconsistent with specific MOU provisions and to the extent that the following are not within the scope of representation, the parties agree that the following constitute the rights of management:
1. The right to hire, promote, demote, suspend, discipline, or discharge any employee in accord with state and federal law.
2. Determine the location of any new fac ilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, divisions or subdivisions thereof.
3. Determine services to be rendered.
4. Determine the layout of buildings and equipment and materials to be used therein.
5. Determine the size and character and use of inventories.
6. Determine financial policy, in cluding accounting procedure.
7. Determine the staffing of classifications not represented by the Association.
8. Determine selection, or promotion of employees.
9. Determine the size and character of the work force.
10. Determine the allocation and assignment of work to employees except in those instances where the affected employee receives additional compensation as a result of performing a given assignment.
11. Determine policy affecting the selection of new employees.
12. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required.
13. Impose discipline.
14. Determine control and use of Cit y property, materials, and equipment.
15. Place work with outside firms
16. Determine the kinds and numbers of personnel necessary. 195
City Council Agenda Packet, November 20, 2023
195
RESOLUTION NO. 232-45XX -3-
17. Require employees, where necessary, to take in-service training courses during working hours.
18. Prescribe a uniform dress to be worn by designated employees.
Any grievance arising out of or in any way connected with the existence or the legality of any of the above-described rights of management is not subject to the grievance procedure unless such grievance is otherwise grievable under another Article of this Agreement.
Article 4 – Association Rights
The Association retains the right to engage in the meet and confer process with regard to all matters relating to employer/employee relations including, but not limited to, wages, hours and other terms and conditions of employment.
Article 5 – Association Dues
A. The City shall deduct dues from the first and second paychecks of each employee each month and remit to the Association such monies, the deduction of which have been authorized by the employee in writing.
B. The Association agrees to hold ha rmless and indemnify the City against any claims, causes of action, or lawsuits alleging negligence by the City in the performance of its obligations as set forth in Article 5(A).
Article 6 – No Strike/No Lockout
The City and the Association agree that it is to their mutual benefit to encourage the resolution of differences through negotiation. Therefore, during the term of this MOU, the City agrees that it will not cause a lockout of employees covered by this MOU and the Association agrees that there will be no strike, slowdown, or other work stoppage. Compliance with the request of other labor organizations is included in this prohibition.
Article 7 – Layoff Procedures
A. Seniority shall be defined as the length of continuous service as a full-time employee with the City of La Verne except as otherwise noted.
B. In the event of reduction in the work force, the employee in the classification being reduced with the least seniority shall be laid off first.
C. Any represented employee who has been noti fied of layoff may elect to accept the layoff or exercise bump down rights. Represented employees, if qualified and able to work, shall be authorized to bump into any lower rated classification with the department and replace any employee who has less seniority. - -
196
City Council Agenda Packet, November 20, 2023
196
RESOLUTION NO. 232-45XX -4-
Employees exercising bump down rights must do so within seventy-two (72) hours after receipt of notice of layoff.
D. Employees bumped by higher seniority employees shall themselves have the option of exercising bump down rights.
E. No new employee shall be hired unt il all employees on layoff have been given the opportunity to be reinstated in the position held prior to layoff or bump down. Such employees shall be rehired or reinstated to the position held at the time of separation and in reverse order of their layoff or demotion. Such right of reinstatement must be exercised within twenty (20) days after the City deposits its written notice of recall from layoff in the United States Mail addressed to the employee's last known address. Such mailing shall be by certified mail – return receipt requested.
Article 8 – Salary Rates and Step Advancements
A. Salary Step Advancement. A five (5) step salary schedule with five percent (5%) difference between steps is hereby established for the classifications listed in Article 1 of this Agreement. Such 5% differentials shall be maintained for the term of this Agreement.
1. Step 1. This is the minimum rate and will be the hiring rate. In special cases, when it is merited by experience, education, training or other qualifications, the City may approve hiring at a higher salary step. If an employee is hired at a step other than 1, he/she must wait one (1) year until the next step increase.
2. Step 2. This salary step is attainable after completion of six (6) calendar months of service if the employee has demonstrated satisfactory job progress.
3. Step 3. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
4. Step 4. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
5. Step 5. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
A.
B. Salary IncreasesMedian Salary Range Adjustments – Effective the first full pay period of July 2022following ratificationof November 2023, the steps of the salary schedule will be increased 3.5% Police Officer and Corporal and 3% for Sergeant. adjusted to equate to Step 5 of the projected July 2022 median top base monthly salary for those classifications surveyed as of June 15, 2022, which utilized the local agencies identified below in this section (Officer 2.5%, Sergeant 4.5%).
197
City Council Agenda Packet, November 20, 2023
197
RESOLUTION NO. 232-45XX -5-
Effective the first full pay period in July 2024, the steps of the salary schedule will be increased 3% for all LVPOA Members.
Said salary adjustments shall be rounded to the nearest one-half percentage point (0.25% and 0.75% shall be rounded up). Accordingly, any increase in the salary schedule will result in an increase to the members’ base salaries based on the current step that the member is on as of July 2022. Should the median salary decrease for a classification, the City will maintain the then current salary schedule for that classification.
The Step 5 salary for employees promoted to Senior Police OfficerCorporal after January 1, 1995, shall be set at ten percent (10%) above the Step 5 salary for Police Officer.
Historically, when reaching agreement via an MOU, the City and POA have established salary increases by setting base salary at the market median for specified dates. The traditional market for comparison purposes include the following local agencies:
The local agencies that will be surveyed for comparison purposes include: the cities of Azusa, Baldwin Park, Chino, Claremont, Covina, Glendora, Monrovia, Montclair, Ontario, Pomona, Upland, West Covina, and the County of Los Angeles. For fiscal purposes and as agreed through the meet and confer process, the City and POA have set the specific salary increases as noted above.
B. Salary Plan Administration/Work Performance Evaluation.
1. Step 1. This is the minimum rate and will be the hiring rate. In special cases, when it is merited by experience, education, training or other qualifications, the City may approve hiring at a higher salary step. If an employee is hired at a step other than 1, he/she must wait one (1) year until the next step increase.
2.1. Step 2. This salary step is attainable after completion of six (6) calendar months of service if the employee has demonstrated satisfactory job progress.
3.1. Step 3. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
4.1. Step 4. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
5.1. Step 5. This salary step is attainable after one (1) year of service from the date of the last salary step increase only if the employee shows satisfactory job progress.
6. Employees shall be paid by twelve noon (12:00) on or before every other Friday. When the normal pay day falls during an employee's annual vacation leave, such employee shall receive a partial vacation advance on the last working day prior to such an annual vacation leave provided a 198
City Council Agenda Packet, November 20, 2023
198
RESOLUTION NO. 232-45XX -6-
written request is submitted to the Finance Officer at least five (5) working days prior to said leave.
7. All employees shall receive at least one (1) annual written department evaluation pursuant to department policy as established by the Police Chief. Written evaluations will be given to the employee at least ten (10) days before the end of the particular evaluation period.
8. All step increases, promotions, demotions, or other changes in the employees' salaries shall occur at the beginning of the closest pay period.
9. Performance evaluations shall be completed by supervisor which employee predominantly worked under during review period. However, this will not preclude the evaluating supervisor from getting input from other superiors the employee worked for.
C. Probationary Period.
1. All entry level appointment s to the classification of Police Officer shall be tentative and subject to a probationary period of eighteen (18) months.
2. Promotional appoint ments shall be tentative and subject to a probationary period of one (1) year.
3. Lateral appointments shall be t entative and subject to a 12-18 month probationary period as determined by the Personnel Officer and Police Chief. Some of the factors used in determining length of the probationary period include but are not limited to; previous years and level of experience, formal education, POST certificates, specialized training, as well as job performance.
4. The probationary perio d may be extended prior to the end of the probationary period by the City for a period not to exceed three (3) months as a result of an employee's unfavorable evaluation.
5. During the probationary period, a newly hired employee may be discharged by the City if the City deems the employee unfit or unsatisfactory for permanent employment. The probationary employee shall have the rights of appeal as required by law.
6. During the probationary period, a promoted employee may be demoted back to the previous job held if the City deems the employee unfit or unsatisfactory for permanent appointment. No probationary period shall be required upon reinstatement to the prior position.
7. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting an employee whose performance does not meet the standards of work.
D. Trainee Levels. The City may, at its discretion, establish Police Academy trainee salary range levels, not less than fifteen percent (15%) below Step 1 of the Police Officer salary range and/or job description.
E. New Classifications. The City may establish new job classifications that do not entail reclassification of an existing position. Employees desiring to compete for such positions will be evaluated in the same manner as any candidate aspiring to receive appointment to the new position. 199
City Council Agenda Packet, November 20, 2023
199
RESOLUTION NO. 232-45XX -7-
F. Acting Appointments. The City may designate an employee to an acting capacity in a job classification different than that currently held by the employee. The employee shall receive five percent (5%) above the employee's current base monthly salary added to the employee's wages after ten (10) consecutive working days of satisfactory service in such acting capacity as determined by the City.
1. Service in an acting capacity sha ll not continue beyond six (6) months without the agreement of employee, Association and City.
2. An employee having served in an acting capacity and subsequently fully appointed to the position shall establish a new anniversary date as the first day of permanent appointment to the position.
G. Promotion. The City may promote an employee to a higher job classification.
1. A promoted employee shall receiv e a minimum of five percent (5%) increase in salary provided, however, that no employee shall receive a salary which exceeds or deviates from the salary steps established for the promotional job classification. A promoted employee appointed at other than Step 1 shall not receive another step increase for a minimum of one (1) year.
2. A new anniversary date shall be established and the pr omoted employee shall be subject to a one (1) year probationary period. An employee rejected during this time because of committing a disciplinable act shall be reinstated to the job classification previously held at the same salary level the employee had prior to the promotion without loss of seniority in that classification and/or shall be subject to discipline.
H. Senior Police OfficerCorporal Program. Sworn employees covered by this Agreement shall be promoted to the classification of Senior Police OfficerCorporal as follows:
1. Incumbent Police Officers hired prio r to September 5, 1994, shall be eligible for promotion to Senior Police Officer Corporal without regard to the budgetary limitations established in subsection 2 below, based on the following criteria. Education: An A.A./A.S. degree (or equivalent units) from an accredited college in criminal justice or another law enforcement related course of study; Experience: Four (4) years as a sworn Police Officer, two (2) of which must be with the City of La Verne; Test: The employee must pass a written test with a 70% score or better and receive satisfactory annual performance evaluations in the prior two (2) years preceding promotion.
2. The number of Senior Police Officer Corporal positions within the Department shall be limited to one-half of the budgeted complement of Police Officers and Senior Police Officers Corporals with a minimum of fifteen (15). (All incumbent Senior Police OfficersCorporals, incumbent Police Officers and the incumbent employees enrolled in the academy appointed prior to September 5, 1994, will not be affected by this limitation.) Eligibility criteria for promotion to Senior Police OfficerCorporal shall be as follows: Education: A.A./A.S. degree (or equivalent units) from an accredited college in criminal justice or other law enforcement 200
City Council Agenda Packet, November 20, 2023
200
RESOLUTION NO. 232-45XX -8-
related course of study; Experience: Four (4) years as a sworn Police Officer, two (2) of which must be with the City of La Verne. All promotions to Senior Police Officer Corporal shall be accomplished through a competitive selection process in accordance with the Personnel Rules and Regulations.
I. Demotion. The City may, with cause, demote an employee to a lower job classification.
1. A demoted employee shall receive a minimum decrease in salary equivalent to one (1) salary step provided, however, that no employee shall receive a salary which exceeds the maximum range level established for the lower job classification.
2. A new anniversary date shall be established for the demoted employee as the day on which the employee begins performing the duties of the lower job classification as determined by the City. A demoted employee will suffer no loss of seniority with the department.
3. No probationary perio d shall be required for any employee in a classification to which he is demoted.
J. Lead Motor Officer Differential. At the discretion of the Chief of Police, following the conclusion of a competitive selection process, one (1) employee assigned to motorcycle patrol duty may be designated as Lead Motor Officer.
An employee so assigned by the Chief of Police shall receive a monthly salary differential of $100 in recognition of the following duties and responsibilities:
1. Supervise commercial vehicle enforcement;
2.1. Supervise special event traffic activities, including DUI checkpoints;
3.1. Determine and justify traffic enforcement training and budget needs;
4.1. Monitor citation productivity;
5.1. Develop motor officer schedule in conjunction with watch commander;
6.1. Coordinate with schools and crossing guards to provide safe routes to schools;
7.1. Supervise and coordinate investigations of fatal traffic accidents;
8.1. Review collision reports for CHP and SWITRS input;
9.1. Pursue traffic grant opportunities.
K.J. Canine Assignment. At the discretion of the Chief of Police, an employee may be assigned to a canine officer detail. Employees who are assigned to a canine officer detail will receive compensation as described below. The Association and the City agree that this canine assignment pay is intended to compensate canine officers for off-duty time spent caring, grooming, feeding, training, and otherwise maintaining their assigned canine/equipment (“canine activities”), in compliance with the FLSA and interpretive cases and rulings.
The canine officer will be paid four (4) hours at the canine officer’s base hourly rate for up to 26 pay periods per fiscal year for canine activities. The Association and the City agree that 4 hours per 26 pay periods has been determined to be the amount of time the canine officer spends on canine activities and that this amount of time was determined through inquiry of the canine officer and their feedback. In addition, canine officers shall receive one 201
City Council Agenda Packet, November 20, 2023
201
RESOLUTION NO. 232-45XX -9-
day off (12 hours) per month to be scheduled by the Department at its discretion.
Article 9 – Hours of Work
A. Normal Work Week.
1. Patrol. The workweek for sworn employees assigned to Patrol shall be the schedule commonly known as the 3/12 Plan as approved by the Association and the City. Under the 3/12 Plan, employees will be scheduled to work a total of 80 hours in a biweekly period. Newly appointed Police Officers assigned to an FTO and employees in training or light duty assignments may be scheduled to work five (5) eight (8) hour days in a workweek.
Level Pay Adjustments. In order to enable employees assigned to the 3/12 plan to receive consistent base pay for eighty (80) hours per pay period, biweekly payroll time cards may be adjusted to reflect eighty (80) hours even though the employee may have worked fewer or more hours during the regular work schedule. For example, an employee who worked a short week of thirty-six (36) hours and a long week of forty-eight (48) hours during a biweekly pay period will have his/her time card adjusted by the addition of four (4) hours for the first week and the deletion of eight (8) hours for the second week. Similarly, an employee who works two consecutive short thirty-six (36) hour weeks in a biweekly time period will have his/her time card adjusted by the addition of four (4) hours for the first week and four (4) hours for the second week.
2. Motor Officers. Employees assigned to Motorcycle Patrol by the Chief of Police shall be scheduled on a four (4) day, ten (10) hour workweek commonly known as the 4/10 plan.
3. Detective Bureau. Employees assigned to the Detective Bureau shall be scheduled on either the 9/80 Plan or the 4/10 Plan at the unilateral discretion of the Chief of Police. (Under the 9/80 Plan, employees will be scheduled to work eight (8) nine-hour shifts and one (1) eight hour shift for a total of 80 hours in a two-week period.) In making a determination to change the work schedule from either the 9/80 Plan or the 4/10 Plan, the Chief of Police may take unilateral action without prior notice to, or consultation with, the Association. In determining the appropriate work schedule for detective bureau employees, the Chief of Police may consider criteria that includes, but is not limited to, sick leave usage, overtime, productivity, schedule coverage, etc. The parties to this Agreement understand and agree that special assignment pay will not be provided to employees with detective bureau assignments.
4. School Resource Officer. The School Resource Officer shall be scheduled on the 9/80 Plan or the 5/8 Plan at the unilateral discretion of the City to best operate the program in the schools. The City shall have the unilateral discretion to further modify both the School Resource Officer assignments, and the scheduled hours and days of work, consistent with 202
City Council Agenda Packet, November 20, 2023
202
RESOLUTION NO. 232-45XX -10-
the recognition that school recesses and holiday and summer breaks can regularly minimize the scope of services to reasonably be performed by the School Resource Officer. School Resource Officers shall be allowed to take a paid leave from their assignment during the Christmas and/or spring break.
5. Regional Task Force Officers. The workweek for employees assigned to regional task force operations will not be modified or altered by this Agreement.
B. Light Duty. An employee placed on light duty due to a temporary disability may be required to revert to the traditional five (5) day, eight (8) hour schedule for the duration of the light duty assignment.
C. Limit on Consecutive Hours Worked. An Officer assigned to Patrol shall not be permitted to work in excess of 16 consecutive hours, unless otherwise authorized during emergency conditions.
D. Relief Due to Afternoon Court Appearance. An Officer assigned to Patrol who has worked the previous twelve (12) hour night shift and is required to appear in court beyond 1:30 p.m. on the day following shall be entitled to obtain relief for the upcoming night shift on the day of the court appearance.
In the event that such relief due to an afternoon court appearance is needed, the employee shall be entitled to use vacation or compensatory time off.
E. Reversion to Previous Work Schedules. On an annual basis, the City and the Association will meet to review issues relative to work schedules including, but not limited to, employee satisfaction, productivity, sick leave usage, etc. In the event that the City or the Association believes that the continuation of the modified work schedules is not in the best interest of the City or the affected employees, the modified work schedules will be abandoned and the Department will revert to the work schedules previously in effect upon provision of ninety (90) days written notice.
Article 10 – Special Assignment Pay
Effective with the first full pay period in January 2008, uUnit members placed in any of the following assignments detective bureau, school resource officer, traffic car, motor officer, canine, or regional task force detective will be provided with a monthly stipend of $250175. Unit members placed in the FSET or CNT assignments will be provided a monthly stipend of $125. Amounts will be distributed on a per pay period basis and will begin or end with the start of the pay period closest to the effective date. Pursuant to California Code of Regulations (CCR) Section 571, this pay shall be reported to CalPERS as special compensation, to the extent permitted by law.
A. With the exception of members in an assignment as of January 1, 2008, aAll affected employees participating in a special assignment, appointed after adoption of this Article, shall be subject to the removal/appeal policies and procedures set forth below in subsection B.
B. A California Court of Appeal case has recently held that in many circumstances, reassignment from a special assignment as described above 203
City Council Agenda Packet, November 20, 2023
203
RESOLUTION NO. 232-45XX -11-
and loss of bonus compensation can be implemented only upon the Department stating cause for the reassignment, and with the Peace Officer then having a right to contest the reassignment through all available administrative appeal procedures. In this case, said procedures may include access to a trial-type evidentiary hearing. (The City does not acknowledge that said court ruling is controlling, yet it does form the basis for the compromise described in this Article.). However, the following limitation shall apply to administrative appeals conducted pursuant to Article 10 of the MOU, and which regard reassignment from a special assignment as that term is used in this Article:
1. During the first twelve (12) consec utive months that an affected employee is assigned to a special assignment which provides for compensation in addition to the officer’s base salary, said individual shall be subject to removal from the special assignment, without a statement of cause by the Department and without the right to any administrative or civil method of appealing said decision except as specifically set forth herein. The sole administrative appeal pursuant to section a1 shall be non-evidentiary meeting with the Chief of Police. There shall be no subpoena power, no testimony, and the determination of the Chief of Police shall be final for all purposes. In the case of any such removal, the officer shall continue to receive the pre-existing base salary. Such an affected employee shall be treated as one who has not successfully completed the probationary period required by the Agency, as said term is used and applied in Government Code §3304(b).
2. Upon any reassignment out of a special assignment, the special compensation bonus provided to the employee shall be eliminated.
3. The parties recognize that there exist appellate case decisions to the effect that a waiver by an employee organization as to disciplinary due process and appeal rights held by individual members of the Association pursuant to Government Code §3304(b) or otherwise, is invalid as regards the individuals (assuming arguendo that any exist as to those employees referenced in B1 above). Therefore, the parties further agree that each individual officer who is assigned to any special assignment on or after the date of adoption of this MOU shall enter into a written agreement evidencing a waiver of any administrative appeal rights as described herein and of their agreement to be bound by the rules set forth herein governing reassignment and loss of specialty compensation. The parties acknowledge that said waiver does not constitute a waiver of “due process” rights. Rather, and inasmuch as the limited appeal rights described herein apply to special assignees who in essence, have not completed probation in the assignment, and inasmuch as no appeal rights are provided pursuant to §3304(b) as to said individuals, there is no “due process” to waive. Said waiver shall be signed prior to assignment of an effected employee to a special assignment.
- -
204
City Council Agenda Packet, November 20, 2023
204
RESOLUTION NO. 232-45XX -12-
4. The waiver to be signed by each affected employee is attached hereto as Addendum A and incorporated herein by reference as though set forth in full.
C. Additionally, the Associat ion further agrees that if either the Association or any unit member challenges the legality of the probationary period, the above stipends shall immediately terminate without the necessity of requiring a meet and confer process.
D. Lead Motor Officer Differential. At the discretion of the Chief of Police, following the conclusion of a competitive selection process, one (1) employee assigned to motorcycle patrol duty may be designated as Lead Motor Officer.
An employee so assigned by the Chief of Police shall receive a monthly salary differential of $100 in recognition of the following duties and responsibilities:
1. Supervise commercial vehicle enforcement;
2. Supervise special event traffic ac tivities, including DUI checkpoints;
3. Determine and justify traffic enforcement training and budget needs;
4. Monitor citation productivity;
5. Develop motor officer schedule in conjunction with watch commander;
6. Coordinate with schools and crossing guards to provide safe routes to schools;
7. Supervise and coordinat e investigations of fatal traffic accidents;
8. Review collision reports for CHP and SWITRS input;
9. Pursue traffic grant opportunities.
E. Canine Assignment. At the discretion of the Chief of Police, an employee may be assigned to a canine officer detail. Employees who are assigned to a canine officer detail will receive compensation as described below. The Association and the City agree that this canine assignment pay is intended to compensate canine officers for off-duty time spent caring, grooming, feeding, training, and otherwise maintaining their assigned canine/equipment (“canine activities”), in compliance with the FLSA and interpretive cases and rulings.
The canine officer will be paid four (4) hours at the canine officer’s base hourly rate for up to 26 pay periods per fiscal year for canine activities. The Association and the City agree that 4 hours per 26 pay periods has been determined to be the amount of time the canine officer spends on canine activities and that this amount of time was determined through inquiry of the canine officer and their feedback. In addition, canine officers shall receive one day off (12 hours) per month to be scheduled by the Department at its discretion.
Article 11 – Overtime
A. Prior Authorization. All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained as soon thereafter as practicable. Dispatched 205
City Council Agenda Packet, November 20, 2023
205
RESOLUTION NO. 232-45XX -13-
calls beyond the end of duty time are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request.
Employees are cautioned not to spend excessive amounts of time at their work station before or after their normal work period. This incidental time will not be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained.
B. Rate/Paid Leave Time. Eligibility for overtime pay shall be provided as follows:
1. 3/12 Plan. Employees assigned to the 3/12 plan shall receive overtime pay at time and one-half for all hours worked over their normal assigned shift or workweek.
2. 4/10 Plan. Employees assigned to the 4/10 plan shall receive overtime pay at time and one-half for all hours worked over their normal assigned shift or forty (40) hours in a week.
3. 9/80 Plan. Employees assigned to the 9/80 plan shall receive overtime pay at the rate of time and one-half for all hours worked over their normal assigned shift or eighty (80) hours in a fourteen (14) day work period.
4. 5/8 Plan. Employees assigned to the 5/8 plan shall receive overtime pay at time and one-half for all hours worked over their normal assigned shift or forty (40) hours in a week.
C. Hours Worked. "Hours worked" shall not include paid leave time such as sick leave and compensatory time off unless the employee is “called in" to work overtime; or is required or requested by supervision to work beyond normal shift hours; or is subject to a required court appearance; or is scheduled to work a third party contract assignment (i.e., Fair, high school events, etc.). "Hours worked" shall include vacation time subject to the following conditions:
1. An employee that is scheduled to be on vacation on the date of an “overtime shift” shall not be eligible to receive overtime pay as a result of working the “overtime shift” when the employee was previously scheduled to work that same shift prior to taking the vacation.
2. Reversion to Vacation Time Not Counted as “Hours Worked”. If the City determines that an employee(s) has abused the inclusion of vacation time as “hours worked,” a forty five (45) day meet and confer period between the City and the Association shall commence to resolve said abuse. If, after the 45 day meet and confer period expires, the City determines that the identified abuse has not been resolved, vacation time shall no longer be counted “hours worked.”
D. Compensatory Time. Employees may accrue compensatory time in lieu of overtime pay as allowable under the FLSA as follows:
1. Accrual. For each hour of overtime worked, the employee may accrue compensatory time in lieu of overtime pay at the rate of one and one-half. 206
City Council Agenda Packet, November 20, 2023
206
RESOLUTION NO. 232-45XX -14-
Sworn employees may accumulate up to four hundred eighty (480) hours of compensatory time in the calendar year.
2. Use as Paid Leave. All accrued compensatory time must be used in the form of paid leave or cashed out in the calendar year in which it was earned. Scheduling for use of compensatory time will be authorized by the department in the same as vacation as noted in Article 15 of this MOU and consistent with Department policy.
3. Cash Out. All accrued compensatory time not used in the form of paid leave must be cashed out in the year in which it was earned as follows:
a. An employee may receive payme nt for accumulated compensatory time in conjunction with a regularly scheduled vacation leave of at least one week in duration that has been approved by the Department. b. Unused compensatory time on the boo ks as of the first pay period in November shall be paid to the employee by November 23
rd of each
calendar year. Said annual payment shall be by separate check, barring any change in tax or retirement laws or guidelines.
Compensatory time earned after the first pay period in November may be carried over into the next calendar year.
4. Detective On-call. In consideration of individuals in the Detective Bureau rotating on-call assignment, Officers and Sergeants will be granted 7.5 hours of compensatory time for each weekend of on-call assignment worked. The on call assignment will be rotated on a weekly basis allowing each member assigned to the Bureau equal opportunity for the Friday evening through Monday morning assignment. Additionally, over the following holiday weekends, the on-call detective will receive an additional
2.5 hours of compensatory time in consideration of the extended weekend:
Martin Luther King’s Birthday
Presidents Day
Memorial Day
Labor Day
Thanksgiving weekend
Any weekend where any of the other observed holidays listed in Article 15-b B falls on a Monday.
E. Selection for Overtime . Permanent employees shall be given first opportunity to work overtime.
F. Third Party Contract Assignments. Where third party contract assignments provide that four (4) personnel be on duty, one (1) of those personnel shall be a Sergeant.
Article 12 – Call-Back Allowance
An employee who is called back to work after completing a regular work shift and having left City premises shall be compensated for a minimum of four (4) hours or actual hours worked, whichever is greater, at the overtime rate. Travel time shall not be considered hours worked and shall not be compensated in any manner 207
City Council Agenda Packet, November 20, 2023
207
RESOLUTION NO. 232-45XX -15-
whatsoever; however, in the event that an employee is away on vacation and is unexpectedly required to return to duty, the employee shall be entitled to reasonable compensation for interrupted vacation and travel time.
Article 13 – Standby Court Allowance
An employee not otherwise scheduled to work on a given day and who is placed on "standby" or "on call" status pursuant to subpoena or other lawful order, shall receive four (4) hours salary at straight time as a result of any time spent in such status in the A.M. and four (4) hours compensation for all time spent in such status in the P.M. An employee on standby duty may use standby time for his/her own personal purposes, provided, he/she can provide reasonable response time.
At the time it is earned, the employee shall have the option of accruing their four (4) hour morning and/or four (4) hour afternoon standby time at straight time, up to a maximum of twenty-four (24) hours. Said accrual may be used only when the employee can take off without replacement. The City shall not be obligated to pay off said accrual at any time.
If the employee actually responds pursuant to subpoena or other lawful order during the first four (4) court hours in the A.M. and/or P.M., then the employee shall be paid the standby rate in the A.M. and/or P.M., or the overtime rate for actual hours worked in the A.M. and/or P.M., whichever is greater. Any response thereafter shall be compensated at the overtime rate in addition to the four (4) hours as the standby rate.
Article 14 – Sick Leave
A. Accrual Rate. Employees shall accrue sick leave at the rate of eight (8) hours per month for each calendar month of service. Such accrual shall take place on a monthly basis, beginning with the first month of employment. Sick leave accrual shall be prorated for employees who begin or terminate their employment in the middle of a calendar month.
B. Deduction. Sick leave granted by the City and used by the employee shall be deducted from the employee's accrued sick leave balance.
C. Accumulation. Sick leave may be accumulated indefinitely as long as the employee works for the City.
D. Accrual During Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as herein provided.
E. Accrual After Separation. Sick leave shall not be accrued by any employee absent from duty after separation from City service or during a City authorized leave of absence without pay, or any other absence from duty not authorized by the City. The provisions of Civil Code Section 56.10 shall limit the information that an employee is required to provide.
208
City Council Agenda Packet, November 20, 2023
208
RESOLUTION NO. 232-45XX -16-
F. Physician's Certificate. If management has reasonable grounds to believe that sick leave is being abused, evidence in the form of a physician's certificate or otherwise, may be required as a prerequisite to receive sick leave pay to determine the adequacy of reasons for an employee's absence during a time for which sick leave is requested. The employee shall have the right to choose the physician.
G. Personal Illness or Disability. An employee who has contracted or incurred a non-service connected illness or disability which renders him/her unable to perform the duties of his/her position will be eligible to receive paid sick leave provided that the employee complies with the utilization procedures specified in Section J of this Article. Leaves in conjunction with an employee's non- elective surgery shall not be considered as a negative reflection on the employee's attendance record for purposes of performance evaluation or for the purposes outlined in Section J (4) below.
H. Bereavement Leave. Sick leave may be granted for death involving members of the immediate family (for this purpose, members of the immediate family shall be defined as: spouse, domestic partners, mother, father, sister, brother, children, grandparents, grandchildren, mother-in-law, father-in-law) not exceeding one (1) week per occurrence. Evidence of family relationship may be required before such sick leave is granted. One week generally means forty (40) hours; however, an employee assigned to an alternative workweek may require more than 40 hours to take one (1) week of bereavement leave. Use of bereavement leave shall not be factored as sick leave under Section J(4) below or for performance evaluation purposes.
I. Family Illness or Disability. An employee will be eligible to use accrued sick leave for up to 80 hours in the calendar year when there is a sickness or disability involving a member of his/her immediate family, which requires the employee's personal care and attendance. (For purposes of this section, members of the immediate family shall be defined as spouse, domestic partner, children, and parent or parent-in-law.) Additional time may be granted at the discretion of the Police Chief. Paid sick leave will be granted in such instances provided that the employee complies with the following utilization procedures specified in Section J of this Article. Use of protected leave under California Labor Code Section 233 (aka kin care leave), will not be considered as a negative reflection on the employee's attendance records for purposes of performance evaluations or for purposes outlined in section J (4) below.
J. Utilization Procedure. An employee requesting paid sick leave in accordance with Sections G (Personal Illness or Disability) or Section H (Bereavement), or Section I (Family Illness or Disability) above, shall comply with the following:
1. Call-in Procedure. The employee shall personally make contact with the Watch Commander at least two (2) hours before the time specified for the beginning of the work shift of his/her absence from duty. In cases in which the ill or disabled employee is physically unable to personally make contact with the Watch Commander, the individual designated to provide 209
City Council Agenda Packet, November 20, 2023
209
RESOLUTION NO. 232-45XX -17-
notification of the absence shall personally make contact with the Watch Commander.
2. Basis for Absence. The employee or other individual providing notification to the Watch Commander of the employee's absence shall provide the Water Commander with the specific reason for the absence.
3. Accessibility. An employee who has called in sick for personal illness/disability for family illness/disability shall be available at his/her residence for telephone or personal contact from the Watch Commander during the employee's assigned shift. Exceptions to this requirement shall be authorized to seek medical treatment or to obtain medication; however, if it becomes necessary for the employee to leave his/her residence for either of these reasons, the employee shall be required to telephone the Watch Commander to advise where he/she is going and the estimated time of return. Employees who have called in sick to care for an immediate family member who lives outside of the employee's residence may go to that family member’s residence to render care provided that the Watch Commander is given an address and contact telephone number where the employee can be reached during work hours.
K. Review. An employee who uses more than forty (40) hours of sick leave in a fiscal year that has not been documented by a physician's certificate may be subject to appear before a review board comprised of Police Department management personnel and an Association representative to discuss the basis for the absences. Sick leave hours taken for bereavement shall not be counted for purposes of this subsection.
Sick Leave Conversion.
1. Employees with 15 to 20 years of service with the City of La Verne who separate or retire from the City for non disciplinarynon-disciplinary reasons may convert a portion of their sick leave balance to vacation leave on a 2:1 basis as outlined in section 6 below, i.e., an employee with 19 years of service who has a current balance of 300 hours of sick leave would receive 150 hours of vacation.
2. Employees who retire from the City with 21 years of service or more with the City on a regular service retirement, may convert sick leave to vacation leave on a 2:1 basis to a maximum of 500 at 25 years as outlined in section 6 below, i.e., an employee with 23 years of service who has a current balance of 850 hours of sick leave would be eligible to receive 400 hours of vacation.)
3. An employee with 20 or more years of service with the City that is retiring or has submitted an application for retirement for an industrial disability retirement through PERS will only be eligible for conversion above the 20 year level if the retirement is the direct result of a permanent disabling injury (not illness) that occurred in the line of duty, as a result of a single on-duty incident during the actual performance of law enforcement duties.
4. An employee with 20 or more years of service that either has a retirement that does not qualify under subsection 2 or 3; or separates from the City 210
City Council Agenda Packet, November 20, 2023
210
RESOLUTION NO. 232-45XX -18-
for non-disciplinary reasons will be capped at the 20-year conversion level (275 hours).
5. Recognizing this conversion formul a is provided to reduce use of sick time, both parties agree that during the next MOU negotiation process, the program’s success will be evaluated to determine whether savings realized warrant an increase in the conversion rates.
6. Conversion Table.
Maximum # of Hours
Years of Service that can be converted Conversion 15 300 150
16 350 175
17 400 200
18 450 225
19 500 250
20 550 275
21 600 300
22 700 350
23 800 400
24 900 450
25 1000 500
7. Sick leave hours converted may not be reported to PERS for service credit.
Article 15 – Holidays
Due to the unique nature of work hours in the Police Department, the following policies will be observed:
A. Shift employees.
1. Definition. Employees assigned to patrol who are scheduled to work the 3/12 plan are regarded as "shift employees" for purposes of this article.
Employees assigned to patrol who are temporarily assigned to the 5/8 plan due to training or light duty shall continue to be regarded as shift employees for purposes of this article.
2. Holiday Pay. Shift employees shall receive eighty (80) hours of holiday pay per year at straight time on a prorated basis over twenty-four (24) pay periods during the calendar year. In addition, a shift employee who works on a holiday will receive pay for all hours worked at the time and one-half rate. All premium pay for hours worked on a holiday must be received by the employee in the form of pay rather than compensatory time.
3. Transition from Shift to Non-shift Status. When it is confirmed in writing that a shift employee will be reassigned to non-shift status for a period of three (3) months or longer, he/she will cease to receive holiday pay on a prorated basis. As a non-shift employee, said employee will be entitled to receive paid time off for authorized holidays.
B. Non-shift Employees.
211
City Council Agenda Packet, November 20, 2023
211
RESOLUTION NO. 232-45XX -19-
1. Definition. Employees who are not assigned to patrol under the 3/12 plan are regarded as "non-shift employees" for purposes of this article.
2. Authorized Holidays. Non-shift employees shall receive pay for their assigned shifts on the following ten (10) holidays on a straight-time basis:
1. New Year's Day
2. Presidents Day
3. Memorial Day
4. Independence Day
5. Labor Day
6. Veterans Day
7. Thanksgiving Day
8. Day after Thanksgiving
9. Day before Christmas
10. Christmas Day
3. Weekends. In the event that any of the above holidays falls on a Sunday, the Monday following will be observed as the holiday. In the event that a non-shift employee is called in to work on a holiday, he/she shall receive pay for all hours worked at the rate of time and one-half.
4. Transition from Non-shift to Shift Status. When it is confirmed in writing that a non-shift employee will be reassigned to shift status for a period of three (3) months or longer, he/she will receive prorated holiday pay pursuant to Section A(2) of this Article in lieu of paid time off.
Article 16 – Vacations
A. Accrual. LVPOA members, shall accrue paid vacation leave as provided below.
Accrual shall be apportioned on a monthly basis and shall be prorated for employees who begin or terminate their employment in the middle of a month.
Consecutive Years
of Service Hours Per Year
0-4 104
Beginning of 5 th 120
Beginning of 6 th 128
Beginning of 7 th 136
Beginning of 8 th 144
Beginning of 9 th 152
Beginning of 10 th 160
Beginning of 11 th 168
Beginning of 12 th 176
Beginning of 13 th 184
Beginning of 14 th 192
Beginning of 15 th 200
B. Vacation Cap. New employees hired and current employees who were not previously LVPOA members before November 5, 2018, will have their vacation hours capped at 400 hours and will not be able to accrue past that amount. a. Employees subject to the cap of 400 hours with at least 350 hours of accrued vacation hours will be eligible to cash out up to 40 hours of vacation if they meet the following:
i. Have been denied the use of vacation by the department after submitting a vacation request of no less than thirty-six (36) hours and no more than the equivalent of two (2) weeks;
212
City Council Agenda Packet, November 20, 2023
212
RESOLUTION NO. 232-45XX -20-
ii. The request for vacation (that has been denied) must have been submitted at least thirty (30) days in advance of the first day of the desired vacation date;
iii. Have not previously cashed out vacation hours pursuant to this cash out procedure for the same requested vacation leave (an employee may only cash out vacation hours pursuant to this cash out procedure once per denied vacation request).
b. Employees classified as a police recrui t trainee prior to November 5, 2018, will be considered current LVPOA members and will not have their vacation capped at 400 hours.
C. Scheduling. Scheduling of employee vacation leave shall be at the discretion of the City with due regard to the request of the employees and work requirements of the City.
D. During Leave/After Separation. Vacation leave shall not be granted to an employee after separation from City service, during a City authorized leave of absence without pay, or any other absence not authorized by the City, or during the first six (6) months of employment.
E. During Probation. Vacation leave shall not be granted to an employee during the first six (6) months of the employee’s original probationary period. However, on the successful completion of six (6) months of service, the employee will be credited with vacation leave that would otherwise have been accrued during that period.
F. Carry Over. LVPOA members not affected by the cap shall take annual vacation leave away from their job duties. In the event that any carryover of accrued vacation leave exceeding the amount received in a twenty-four (24) month period is desired, the employee may request and the City may grant approval for such carryover. If such carryover is not granted, the accrued vacation shall be converted to cash and paid to the employee at his/her current hourly rate.
G. Deduction. Vacation leave granted by the City and used by an employee shall be deducted from the employee's accrued vacation leave.
Article 17 – Uniform Allowance
Each employee shall receive a uniform allowance, currently nine one hundredthousand dollars ($1,9000) per year, which is payable as part of the first regular paycheck in November. To be eligible for this benefit, employee must work at least one day in the previous 12 months. Employees who begin or terminate their employment in the middle of a year for reasons other than voluntary resignation shall have their uniform allowance prorated. Annual upward adjustments in the uniform allowance will be based on the median amounts for sworn classifications of the local survey agencies listed in Article 8 as of October 31st of each year.
Article 18 – Retirement
--- -
213
City Council Agenda Packet, November 20, 2023
213
RESOLUTION NO. 232-45XX -21-
The plan is administered by the CalPERS Board. The City and the employees shall be subject to the rules and regulations governing retirement, premium employer and employee contributionscost, etc., as endorsed and accepted by the CalPERS Board, except as otherwise noted herein.
A. Employer PremiumContribution. PremiumMinimum contribution costamounts isare fixed by the governing board of PERS and is divided between the City and employee. The City shall pay any and all costs designated as employer charges as set forth by the PERS governing board, except as otherwise agreed to by members.
B. Employee Premium Contributions for “New Members,” as Defined by PEPRA, Hired After January 1, 2013; Public Safety PERS 2.7% @ 57 under PEPRA.
“New Members” shall be subject to all of the conditions set forth in the Public Employees’ Pension Reform Act of 2012 (PEPRA), which include, but are not limited to the following:
1. Employee contribution rate for “new members” as defined by PEPRA is at least 50% of the normal cost rate for that defined benefit plan, rounded to the nearest quarter percent or the current contribution rate of similarly situated employees, whichever is greater.
2. Compensation cap for “new member s” as defined by PEPRA (120% of Contribution and Benefit Base).
3. Calculation of benefits based on base pay for “new members” as defined by PEPRA.
4. Three (3) year average final compens ation for “new members” as defined by PEPRA.
5. Benefits will be determined in acco rdance with all of the applicable requirements of PEPRA.
6. If PEPRA is partly or wholly ov erturned or modified by subsequent legislative or judicial actions, employees covered by Article 18 – Section B. will be provided with benefits under Article 18 – Section C. to the greatest extent permitted by law.
C. Employee Premium Contributions for “Classic Members” Individuals hired after January 1, 2011; Public Safety PERS 3% @ 50.
1. Classic PERS Members, individuals who joined PERS prior to January 1, 20213, Individuals hired after January 1, 2011, will be responsible for paying the full amount of their employee contribution (9% of reported compensation).
2. Effective in the same first full pay period of November 2023, the salary increase or upon the effective date of an amendment to the CalPERS contact, whichever is the later, LVPOA “Classic” members will begin cost sharing an additional one-half percent (0.5%) toward the employer’s PERS contribution. Also, effective the first full pay period of July 2024, LVPOA “Classic” members will cost share an additional one-half percent (0.5%) for a total addition of one percent (1.0%) of the employer’s PERS contribution.
214
City Council Agenda Packet, November 20, 2023
214
RESOLUTION NO. 232-45XX -22-
2. Individuals rehired a fter January 1, 2011, who were separated as a result of a workforce reduction or eligible for reinstatement per City Personnel Rules and Regulations, will be considered individuals hired prior to January 1, 2011, as it relates to contribution amounts.
D. Employee Premiums for Individuals hired by the City on or prior to January 1, 2011; Public Safety PERS 3% @ 50.
1. Effective with the first pay per iod in January 2015, employees will be responsible for paying 9% of their employee contribution to PERS.
E. Credit for Unused Sick Leave. Effective July 1999, the City will bear the cost for the credit for unused sick leave benefit under PERS.
F. 3rd Level 1959 Survivor Benefit. Effective August 1988, the City will bear the cost for the 3rd Level 1959 Survivor benefit under PERS.
G. 4th Level 1959 Survivor Benefit. Effective July 2009, the City will bear the cost for the 4th Level 1959 Survivor benefit under PERS.
Article 19 – Medical and Dental Plans
A. Medical Plans – Current LVPOA Members As Of Prior to November 5, 2018: For current LVPOA members and those that were previously LVPOA members serving prior to November 5, 2018, the City shall provide, at its expense, a fully paid medical health maintenance organization (HMO) plan offered by the City and approved by the Association through the Employee Health and Safety Committee for all employees and their dependents.
Employees shall also have the ability to choose from an optional plan and the City will agree to pay an amount not exceeding the cost of the Blue Cross HMO premium or its equivalent for the employee and his/her dependents. At the time of hire, an employee shall choose a plan that best meets the needs of the employee.
2. An open enrollment period will occur in May-June of each year (effective July 1). Unless otherwise required by law, only during this time may the employee change to another plan.
3. Employees classified as a police recrui t trainee prior to November 5, 2018, will be considered current LVPOA members for the purposes of City medical insurance contributions.
B. Medical Plans – LVPOA Members After November 5, 2018: For new employees hired and current employees who become an LVPOA member after November 5, 2018, the City shall contribute up to the following amounts toward health insurance benefits with any additional costs being the responsibility of the employee:
1. Employee Only = $ 600650
2. Employee plus spouse = $1, 000150
3. Employee plus child = $ 800950
4. Employee plus family = $1,300500
C. Medical Plans – Retired Employees: The City shall provide monthly medical insurance contributions to retired employees up to the following amounts:
215
City Council Agenda Packet, November 20, 2023
215
RESOLUTION NO. 232-45XX -23-
▪ Those who retired between 10-1-84 and 9-1-90:
- Single $88.32
- Couple $181.06
- Family $247.30
▪ Those who retired between 9-2-90 and 12-31-99:
- Single $110.00
- Couple $225.00
- Family $247.30
The amount of City-paid contributions towards medical insurance for those who retired prior to 12-31-99 shall be permanently fixed and will not be increased in conjunction with changes in monthly premium rates. ▪ Those who retire after 1-1-00 will be provided with monthly medical insurance contributions in an amount of eighty-five percent (85%) of the monthly premium of the least expensive HMO plan (for the retiree and covered dependents). The amount of this City-paid monthly contribution toward medical insurance premiums for those retired after 1-1-00 shall not be permanently fixed and will increase in conjunction with changes in monthly premium rates. The City shall provide this benefit only to those retired employees and their dependents who meet conditions shown below. ▪ Those who retire after 1-1-05 will be provided with a monthly medical insurance contribution in an amount of 80% of the monthly premium of the least expensive HMO plan that the City provides to its active employees (for the retiree and covered dependents). The amount of this City-paid monthly contribution toward insurance premiums for those retired after 1-1-05 shall not be permanently fixed and will increase in conjunction with changes in monthly premium rates. The City shall provide this benefit only to those retired employees and their dependents who:
1. Had at least twenty (20) years of service with the City of La Verne.
2. If eligible for Medicare, have enroll ed in and maintain Medical coinsurance benefits in which case the City shall provide a supplemental medical insurance plan and contribute 80% of supplemental rates that shall not be fixed but will not exceed the aforementioned contribution amounts.
3. Are not receiving disability reti rement benefits through the PERS nor have filed for industrial disability retirement benefits through the PERS with the following exception as determined by the City Manager:
a. the employee (without regard to years of service) suffered a permanently disabling injury (not illness) in the line of duty as a result of a single, on-duty incident during the actual performance of law enforcement duties; and
b. the employee has not declined an offer of a modified duty assignment; and
c. the employee's disabling injury that necessitates retirement specifically excludes back injuries, psychological problems, heart disease, hypertension and stress trauma.
4. Obtain their medical insurance thr ough the City. However, a retiree who chooses to purchase medical insurance from an independent source may - -
216
City Council Agenda Packet, November 20, 2023
216
RESOLUTION NO. 232-45XX -24-
receive direct payments from the City in the amounts specified above. In order to receive such direct payments, the retiree shall provide the City with an annual signed statement certifying that he/she has medical insurance coverage to cover the cost of catastrophic illness or injury for the retiree and dependents. Said medical insurance payments shall be made on a quarterly basis.
5. Upon death of the retired employ ee, dependents will not be eligible for medical insurance through the City.
6. Beginning on January 1, 2014, there shall be a cap of $300 on post Medicare monthly medical insurance contributions by the City to retired employees who were hired prior to January 1, 2014. The City shall not contribute any amount toward the post Medicare monthly medical insurance contributions for employees hired on or after January 1, 2014.
The aforementioned cap is based on a current Medicare supplement premium ($170 as of January 2014) and will be reevaluated upon renewal of this agreement.
▪ Those employees hired and current employees who become an LVPOA member after November 5, 2018, will not be eligible for City contributions toward retiree medical insurance. Employees classified as a police recruit trainee as of November 5, 2018, will be considered current LVPOA members for the purposes of City contributions toward retiree medical insurance.
D. Dental Plan. The City shall contribute to a group dental plan for the employee and eligible dependents in the form of an allocation of up to $44 per month. Such amount shall be applied toward premiums of a City group dental insurance policy, or through a self-insured plan that provides employees with potential for monetary benefits equal to or exceeding the City allocation of $44 per month.
D.E. Medical Savings Trust. No later than December 31, 2024, the City will create and contribute $100 per month to a retiree health savings plan for members hired after November 5, 2018. Contributions will begin the first full pay period in January 2025.
Article 20 – Training
A. Required Training. Where, as a condition for continued employment, the City requires attendance at a school or training establishment and where a fee is charged, the City shall pay such fees. An employee shall suffer no loss of wages or benefits if attendance during working hours is required. Books and materials purchased by the City will remain City property.
B. Training Pay – FTO.
1. Field Training Officers (FTOs) shall receive a five percent (5%) salary differential when specifically designated to train a new recruit on a regular basis. Said differential shall be effective at the beginning of the closest pay period and shall be for a minimum duration of one (1) full pay period.
2. An FTO shall receive a $25 training stipend for each shift they are specifically designated to train a new officer and/or a new reserve officer. 217
City Council Agenda Packet, November 20, 2023
217
RESOLUTION NO. 232-45XX -25-
C. Training Committee. A committee comprised of two (2) Association representatives and two (2) management representatives will meet on a quarterly basis to review required and desired training and to establish training schedules subject to the approval of the Chief of Police.
D. Driving Time. Employee driving time to and from a training venue that exceeds his/her normal commute will be recognized as hours worked in fulfilling the employee's regularly scheduled workweek. Under no circumstances will an employee be paid for driving time that extends beyond the regular workweek nor will employees be authorized to receive overtime pay for driving time related to training.
E. Training Bank. In order to accommodate the scheduling and completion of ongoing departmental training, without incurring a substantial amount of overtime or impacting the number of personnel on patrol, the City and the Association agree to establish a “Training Bank”. This Bank will consist of paid but unworked hours. Based on the patrol scheduling of 12-hour shifts in a combination of three3 3-shift weeks and 1one 4-shift week, each officer assigned to patrol will accumulate 48 hours of unworked time over the course of 26 pay periods. This “balance will be tracked and used to accommodate an equal number of training hours scheduled throughout the year.
F. Training Staff Assignments. In recognition of the time that individuals assigned as training staff spend outside of their normal duties preparing and conducting in-house training, such assignments will be provided with four (4) hours of compensatory time per month. Said benefit is available only to those individuals assigned by the Police Chief as range master or use of force instructor.
Article 21 – Time Off to Employee Representatives
The City will allow a maximum of three (3) Association representatives time off without loss of compensation or benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation. Said representatives shall be given time not to exceed twenty-four (24) hours at the sole discretion of the City Manager to attend an annual seminar.
Article 22 – Education Incentive and Tuition Reimbursement A. Education Incentive Pay. The City shall pay education incentive for job related degrees for sworn personnel. The rate will be five six percent (65%) of base monthly salary for an A.A./A.S. degree (or equivalent units) or Intermediate P.O.S.T. certificate; seven eight and one-half percent (87.5%) of base monthly salary for a B.A./B.S. degree or Advanced P.O.S.T. certificate; and ten eleven percent (110%) of base monthly salary for a B.A./B.S. degree and Advanced P.O.S.T. certificate. Degree units must be with an institution recognized by P.O.S.T. for certificate purposes. These amounts are not cumulative.
218
City Council Agenda Packet, November 20, 2023
218
RESOLUTION NO. 232-45XX -26-
a. Beginning the first full pay period of July 2024, the rates for education incentive shall increase to:
i. 7% of base monthly salary for AA/AS degree (or equivalent units) or Intermediate P.O.S.T certificate
ii. 9.5% of base monthly sala ry for a BA/BS degree or Advanced P.O.S.T certificate
A.iii. 12% of base monthly salary for a BA/BS degree and Advanced P.O.S.T certificate.
B. Tuition Reimbursement. Non-probationary employees who have attained an Associates of Arts or Science degree from a community college or provide written documentation from an accredited college or university of enrollment with junior class standing or higher shall be eligible for tuition reimbursement for courses leading toward completion of a Bachelor's degree in a field related to police science/administration, e.g., criminal justice, public administration, organizational management, etc. An employee pursuing a Master's degree in the aforementioned fields may petition for consideration for tuition reimbursement under this section. The City's Personnel Officer shall determine employee eligibility and eligibility of courses for tuition reimbursement, subject to review by the City Manager whose decision shall be final. Upon confirmation of eligibility and completion of courses with a grade of B or higher, the employee will be reimbursed for the cost of tuition and books up to $1,7500 per calendar year. For purposes of determining what year an expense is charged to, the date the last class session was held will be used.
Article 23 – Firearms Qualification Program
Represented employees shall be provided a monthly benefit based on their level of firearm proficiency as follows:
Designated Expert (3 95-400) $125 per month
Expert (380-394) $100 per month
Sharpshooter (356-379) $50 per month
Testing will be conducted two times per year with the stipend to be adjusted according to employee’s results and distributed prospectively commencing with the beginning of the next full pay period.
In the event an officer eligible for the abov e proficiency pay is off on a work related injury for more than 30 consecutive days, the above proficiency pay shall be withheld from the 31
st calendar day until at least the date of return from the leave of absence. Upon return from such leave in excess of 30 consecutive calendar days, the firearm proficiency bonus shall be prospectively reinstated as long as a proficiency test has not been missed. If a test is missed, the proficiency bonus will be reinstated only after the employee completes a proficiency test at a compensable level of proficiency.
219
City Council Agenda Packet, November 20, 2023
219
RESOLUTION NO. 232-45XX -27-
Article 24 – Gym Membership Reimbursement
Effective March 19, 2017, theThe City will provide a gym membership reimbursement to employees in an amount up to a total of $250 per year subject to the following conditions:
A. The gym membership reimbursem ent shall only be available for gym memberships.
B. Employees must provi de proof of gym membership payment to receive the reimbursement.
C. Submittals for reimbursement must be made during January and/or July of each year. Employees may submit for a full year of reimbursement in January provided that proof of prepayment obligations for the full year is submitted.
D. Employees acknowledge that they are utilizing the gym for personal purposes only, during off-duty hours and not for any work related purpose, and must sign a City waiver and release form releasing the City from liability associated with employees’ activities at the gym.
E. Reimbursement is only valid for gy m membership payments from January 1, 2014 going forward, and not for membership payments prior to that date.
Article 25 – Bilingual Pay
The City will provide a monthly stipend of $1500 for each represented employee that demonstrates his/her ability to fluently speak and understand Spanish or another language. The City and the Association will develop an appropriate proficiency exam in conjunction with the local university or high school to certify an individual’s abilities.
With the exception of Spanish, the Cit y reserves the right based on operational needs to determine which languages will be eligible for bilingual pay as well as certify the number of employees it deems necessary.
Article 26 – Workers ' Compensation Insurance
The State workers' compensation laws and this MOU shall govern all aspects of duty related injuries, illnesses, and accidents.
A. Provision of. The City will provide the Association members workers’ compensation insurance.
B. Industrial Injuries and Accidents.
1. Employees shall report any duty rela ted injury or illness which requires medical treatment to the appropriate department supervisor as soon as physically possible.
2. Employees shall report any duty rela ted injury or illness which does not require medical treatment to the appropriate department supervisor by the end of the workday on which the injury or illness occurred. 220
City Council Agenda Packet, November 20, 2023
220
RESOLUTION NO. 232-45XX -28-
C. Accident Reporting. Employees shall report any accident that results in any injury or property damage to the appropriate department supervisor as soon as physically possible.
D. Medical Treatment. Any employee suffering from any duty related injury or illness which requires medical treatment shall immediately seek such treatment from a City designated physician or medical facility unless, prior to the injury or illness, the employee has filed a written notice with the City Manager/Personnel Officer designating the name and address of a treating physician of his/her own choice.
E. Leave of Absence for Industrial Disability Qualification. An employee suffering a duty related injury or illness that disables that employee from the performance of regular job duties may request a leave of absence for industrial disability. Such request may be submitted in the form or a workers' compensation claim. Any dispute regarding such claim shall be resolved through the State Workers' Compensation Appeals Board process.
F. Compensation. For any employee on leave of absence under the workers' compensation sections of the California Labor Code, accumulated paid leave may be prorated to supplement such temporary disability compensation payments, provided that the total amount shall not exceed the regular gross salary of the employee.
G. Usage of 4850 Time. Usage of Labor Code § 4850 time off is intended to allow a temporarily disabled peace officer to recover and rehabilitate from illness or injuries rendering the individual unable to perform the essential duties of the job. Section 4850 time is not intended to provide a vacation to the affected employee. Therefore, without prior approval from the office of the Chief of Police, an employee benefiting from Labor Code § 4850 time off shall not travel more than four (4) hours driving time from his or her residence during days that would otherwise be scheduled work days. This limitation is not intended to prevent an employee from utilizing vacation while off on 4850 time.
Article 27 – Leave of Absence
A. Request for Leave. Any employee who has successfully completed the original probationary period may request a leave of absence for a period of time not to exceed one (1) year.
B. Automatic Resignation. Employee use of leave of absence for a purpose other than that requested shall be considered as an employee's automatic resignation from City service.
C. Approval. The City shall have sole discretion in approving or disapproving any employee request for leave of absence or in granting any pay or benefits.
Any paid leave of absence exceeding thirty (30) days must be approved by the City Council.
Article 28 – Long Term Disability and Life Insurance
221
City Council Agenda Packet, November 20, 2023
221
RESOLUTION NO. 232-45XX -29-
A. Long Term Disability Insurance. The City shall provide and fund a long term disability (LTD) plan meeting the following criteria, as defined in the contract with the insurance company:
Waiting period 90 days
Benefit period to age 65
% of insured earnings 66 2/3%
Maximum benefit $5,000
B. Life Insurance. The City shall also provide and fund a term life insurance policy with a fifty thousand dollar ($50,000) benefit and a fifty thousand dollar ($50,000) accidental death and dismemberment benefit.
Article 29 – Grievance Procedures
A. Right of Appeal. A grievance is an alleged violation of a specific clause of this Memorandum of Understanding and other rules, regulations, or procedures of the City. An employee's exclusive recognized labor organization or the City may grieve an action or inaction pursuant to the procedures herein specified.
B. Informal Grievance Procedure. The first attempt to settle a grievance will be through discussion with the immediate supervisor. If, after this discussion, the matter has not been resolved, the employee shall have the right to discuss it with the supervisor's immediate superior. Every effort should be made to find a solution by informal means at the lowest level of supervision. If the matter is not settled, the employee shall then have the right to file a formal appeal in writing to the department head within fifteen (15) days after receiving the decision of the supervisor.
C. Formal Grievance Procedure. An employee filing a formal appeal shall do so in accordance with the following:
1. First Level of Review. The appeal shall be presented in writing to the employee's department head that shall render a decision in writing to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision or if no answer has been received within the time, the employee may present a written appeal to the City Manager. Should the employee fail to take action within fifteen (15) calendar days after receiving the decision of his department head, or within the same time period from the time the appeal was filed if no department head decision is rendered, the appeal shall be deemed to have been abandoned and terminated.
2. City Manager Review. The City Manager or a designated representative shall discuss the grievance with the employee or a representative, if any, and with other appropriate persons. The City Manager may designate a fact-finding committee for advice concerning the appeal. The City Manager shall render a decision in writing to the employee within fifteen (15) calendar days. If the employee does not agree with the decision, the employee shall then have the right to file a formal appeal in writing to the 222
City Council Agenda Packet, November 20, 2023
222
RESOLUTION NO. 232-45XX -30-
City Council within fifteen (15) calendar days after receiving the decision of the City Manager.
D. Appeal to the City Council. On receipt of an appeal, the City Council may make such investigations as it deems necessary. The City Council will decide whether or not to hear the appeal or to appoint a hearing officer or body. The employee may request that the appeal be considered at a public meeting or at a closed executive session. The City shall notify the employee requesting the hearing of the date, time, and place of the hearing. Unless incapacitated, the employee making the appeal shall appear personally before the City Council or hearing officer at the hearing.
Upon conclusion of any investigation or hearing, the City Council shall cause its findings and recommendations to be prepared in writing and shall certify the same. Such findings shall be countersigned and filed as a permanent record by the City Manager. Any member of the City Council may submit a minority or supplemental report, which shall be part of the permanent record by the City Manager.
Article 30 – Jury Duty
Employees called for jury duty shall notify the City of the call and if, in the opinion of the City, the absence of the employee would cause undue disruption of work programs, the City may direct the employee to request an exemption from jury duty.
Time spent off the job while serving on jury duty shall be compensated at straight time. All per diem reimbursement paid by the court to the employee for time spent on jury duty shall be transferred to the City.
Article 31 – Inspection Privileges/Posting of Notices
A. Authorized agents of the Association shall have access to City premises during working hours for the purpose of adjusting disputes, investigating working conditions and such other matters. Such access shall be restricted so as not to interfere with normal conduct of City services, or with City safety or security standards.
B. Designated City bulletin boards shall be used for transmitting notices of Association meetings, elections, results of elections, and any other matters pertaining to Association business. In all cases where such items are to be put on City bulletin boards, the City shall have the right to review and approve such materials.
Article 32 – Safety and Health/Drug Testing
A. Safety Equipment. The City will make provisions for the safety and health of City employees during the hours of their employment. Protective devices, 223
City Council Agenda Packet, November 20, 2023
223
RESOLUTION NO. 232-45XX -31-
safety wearing apparel, equipment, and facilities shall be provided by the City and shall comply with requirements under applicable regulations and laws.
Employees shall utilize such safety and health devices, apparel, equipment, and facilities when needed.
B. Minimum Manning. The Police Chief will develop and implement a minimum staffing policy.
C. Non-Fraternization Policy. The City desires to avoid misunderstandings, complaints of favoritism, possible claims of sexual harassment, and other problems of supervision, security or employee morale that can potentially result from romantic or sexual relationships between supervisory employees and the employees they supervise. Accordingly, supervisors are prohibited from developing a romantic or sexual relationship with any subordinate employee in their chain of command. Employees who violate this policy will be subject to discipline up to and including termination of employment.
Article 33 – Work by Management Personnel
It is agreed that management personnel will not perform work that is normally performed by employees covered in this MOU. Management and/or supervisory personnel may perform any work required or directed in the event of an emergency.
Article 34 – Non-discrimination
Neither the employer nor the Association shall discriminate against any employee or applicant for employment because of race, color, creed, age, sex, sexual orientation, national origin, or union or nonunion activities.
Article 35 – Fair Labor Standards Act (FLSA) Requirements A. Exemption. The City of La Verne has exercised its ability to take a statutory "7K" exemption for sworn personnel. The work period for such employees shall be determined by this Agreement.
B. Fair Labor Standards Act Exempt Employees. Although all classifications listed in this MOU are part of the LVPOA bargaining unit; for purposes of the FLSA, the City may designate specific positions exempt per Department of Labor guidelines. The City shall so inform said employees in writing and place a copy of said notice in the employee's personnel file.
C. Clothes Changing. Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.
Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as a non-police issue garment 224
City Council Agenda Packet, November 20, 2023
224
RESOLUTION NO. 232-45XX -32-
covers the badge and other insignia. Employees choosing to wear their uniforms covered to and/or from work should not wear their gun belt.
Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever.
D. Early Relief Policy. The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing relief shall not have his/her compensable hours increased as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned to other duties.
E. Firearms Qualification. All members of the department are required to qualify and receive remedial training while on duty. Employees who choose to shoot at the range at times other than the required qualification dates will be considered on personal time. Such personal time is not counted as working time and is not compensable in any manner whatsoever.
F. City Vehicle Use. Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle.
G. Gym Facility. The City provides a gym membership reimbursement for the use of a gym facility. Use of the gym facility is for personal use only during employees’ off duty hours. Time spent by employees using the gym facility is not considered hours worked and will not be compensated in any manner.
H. Training Time. The current City/Police Department training time salary and cost reimbursement policies shall be continued but, in no case, shall such remuneration be less than mandated by the FLSA.
I. New Fair Labor Standards Act Regulations. The City and Association agree that in the event the DOL issues new or revised interpretive regulations defining what are and what are not compensable hours of work, the City shall amend any affected provisions of this Memorandum of Understanding to comply with such regulations.
J. Reversion to Previous Practice . The City of La Verne and the Association acknowledge the following:
1. On February 19, 1985, the United States Supreme Court decided the case of Garcia v San Antonio Metropolitan Transit Authority. The decision reversed National League of Cities v Usery (1976) 426 U.S. 833, and holds that the FLSA applies to local public agencies.
2. The effective date of the coverage of the FLSA was mandated as April 15, 1986. However, in the effect that affected employees are held exempt from the FLSA as a result of an administrative, legislative, or judicial decision, then the City shall reinstate any and all practices per the MOU dated January 3, 1984 which have been altered as a result of FLSA.
225
City Council Agenda Packet, November 20, 2023
225
RESOLUTION NO. 232-45XX -33-
The City and Association agree that s hould any subsequent changes to the FLSA occur through litigation or new DOL regulations during the effective period of a MOU, except as otherwise provided in this MOU, the parties will reopen the meet and confer process regarding the implementation of said subsequent changes to the extent that such changes are mandated by the FLSA.
Article 36 – Savings Provision
If any provision(s) of this MOU are held c ontrary to law, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect. If any clause is invalidated, said clause shall be subject to the meet and confer process.
Article 37 – Drug and Alcohol Abuse Policy
The City's Administrative Regulation No . 316 on Drug and Alcohol Testing, which provides for pre-employment, reasonable suspicion, post-accident and random testing will be applicable to all employees covered by this Agreement.
Article 38 – DROP Program
Association agrees the DROP program c an be made available to members who retire with a regular service retirement.
Article 39 – Term of Memorandum of Understanding
This Memorandum of Understan ding shall remain in full force and effect from July 18, 20232, through and including June 30, 20235.
No later than November 30, 20222024, both parties will initiate and engage in negotiations for a multi-year successor agreement.
DATED___________________________ DATED___ _________________________
LA VERNE POLICE OFFICERS' ASSOC. CITY OF LA VERNE
By______________________________ By ________________________________ Association Representative City Manager
226
City Council Agenda Packet, November 20, 2023
226
RESOLUTION NO. 232-45XX -34-
By______________________________ By ________________________________ Association Representative Assistant City Manager
- -
227
City Council Agenda Packet, November 20, 2023
227
City of La Verne, City Council
Agenda Report
DATE: November 20, 2023
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: ADOPTION OF A RESOLUTION A PPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA
VERNE CITY EMPLOYEES’ ASSOCIATION AND AUTHORIZING
EXECUTION BY THE CITY MANAGER
SUMMARY
The Memorandum of Understanding (MOU) with the La Verne City Employees’ Association (LVCEA) expired on June 30, 2023. Staff and association representatives have been discussing since late 2022 a successor agreement. Based on City Council direction and support of the terms, a tentative agreement has been reached and staff is now seeking formal approval from City Council to finalize the MOU.
RECOMMENDATION
It is recommended that the City Council:
1. Adopt Resolution No. 23-84 titled, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA VERNE, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
APPROVING AND AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE CITY EMPLOYEES’ ASSOCIATION THROUGH JUNE 30, 2025;”
2. Authorize the City Manager to execute the Memorandum of Understanding with the La Verne City Employees’ Association;
3. Appropriate $99,722 from the General Fund as well as a transfer of $99,722 from Measure LV to the General Fund to the Fiscal Year 2023-24 Adopted Budget; and,
4. Appropriate $ 29,906 from the Water Fund , $11,870 from the Sewer Fund, and $3,774 from the Equipment Fund to Fiscal Year 2023-24 Adopted Budget.
DISCUSSION
As per State law, the City is required to meet and confer with recognized employee groups over wages, benefits, and working conditions. The agreement currently in place with the LVCEA expired on June 30, 2023.
In short, the new two (2) year agreement addresses general language clean up, compensation increases for current LV CEA members, and incorporates future fiscal sustainability measures.
More specifically, changes in the MOU include the following areas:
• Salary – 2.5% salary increase for all CEA members in November 2023 and 2.5% for all CEA members in July 2024.
• Bilingual Pay – increase from $50 to $150 per month.
228
City Council Agenda Packet, November 20, 2023
228
LVCEA 2023 MOU
November 6, 2023
• Lead Dispatcher Designation – add 5% incentive for up to two Communications Officers designated as lead to assist with scheduling, equipment servicing and maintenance, supplies, shift review, and monthly statistical reports. • Education/Certification Incentives – expand eligibility for previously provided education and certification incentives as well as increase POST certification pay for Communications Officers from 1.25% to 2.5%.
• Medical Insurance Contributions – increase monthly employer medical insurance contributions for employees similar to other employee groups approved or to be approved this year:
o Employee only from $600 to $650
o Employee plus spouse from $1,000 to $1,150
o Employee plus child from $800 to $950
o Employee plus family from $1,300 to $1,500
• Water Utility Worker Classification – City is establishing a separate utility specific classification series in line with other agencies to better represent specific duties and compensation for water employees.
• Lump Sum Signing Bonus – City will provide a lump sum payment of $750 per member in November 2023 and again in July 2024.
Additionally, in line with City Council direction to provide future fiscal sustainability, LVCEA members will begin contributing a larger amount toward retirement benefits by paying one-half percent (0.5%) of the employer’s share of PERS retirement benefits as soon as the necessary contract amendments can be executed. Another one-half percent (0.5%) totaling one percent (1%) will be contributed by LVCEA members as of July 2024.
FISCAL ANALYSIS
Compensation increases as a result of the MOU are supported by a combination of Measure LV, Enterprise and Internal Service Funds. If approved, appropriations will need to be added to the Fiscal Year 2023 -24 Adopted Budget in the amount of $145,272 as well as a transfer of $99,722 from Measure LV to the General Fund , detail amounts are listed in the recommended action.
ENVIRONMENTAL ANALYSIS
Not applicable.
LEGAL REVIEW
This report was reviewed and approved by the City Attorney.
ATTACHMENTS
1. Resolution No. 23-84
2. Proposed LVCEA MOU (clean)
3. Proposed LVCEA MOU (redline)
Report Prepared By:
Erin Beilstein, Management Analyst
229
City Council Agenda Packet, November 20, 2023
229
RESOLUTION NO. 23-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA, APPROVING AND AUTHORIZING
THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA VERNE AND THE LA VERNE CITY EMPLOYEES ’ ASSOCIATION THROUGH JUNE 30, 2025
BE IT RESOLVED by the City Council of the City of La Verne as follows:
Section 1. The City Council approves the Memorandum of Understanding between the City of La Verne and the La Verne City Employees’ Association.
Section 2. The City Manager of the City of La Verne is hereby authorized to execute a Memorandum of Understanding between the City of La Verne and the La Verne City Employees’ Association, said memorandum of understanding being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein.
Section 3. Appropriate $99,722 from the General Fund as well as a transfer of $99,772 from Measure LV to the General Fund for the Fiscal Year 2023/24 Budget.
Section 4. Appropriate $29,906 from the Water Fund, $11,870 from the Sewer Fund, and $3,774 from the Equipment Fund to Fiscal Year 2023/24 Adopted Budget.
Section 5. The Mayor shall sign and the Assistant City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force.
PASSED, APPROVED AND ADOPTED this 20th of November, 2023.
________________________________
Mayor Tim Hepburn
ATTEST:
_________________________________
Lupe Estrella, Assistant City Clerk
I hereby certify that the foregoing Resolution No. 23-84 was duly and regularly adopted by the City Council of the City of La Verne at a meeting thereof held on the 20th day of November, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
230
City Council Agenda Packet, November 20, 2023
230
RESO. NO. 2
________________________________
Lupe Estrella, Assistant City Clerk
231
City Council Agenda Packet, November 20, 2023
231
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE
AND
THE LA VERNE CITY EMPLOYEES' ASSOCIATION
Article 1 - Recognition
Article 2 - City Council Approval
Article 3 - Management Rights
Article 4 - Assoc iation Rights and Dues
Article 5 - No Strike
Article 6 - Layoff Procedures
Article 7 - Salary Rates and Step Advancements
Article 8 - Hours of Work
Article 9 - Fair Labor Standa rds Act (FLSA) Provisions Article 10 - Overtime
Article 11 - Call-Back Allowance
Article 12 - Standby Duty ; Standby Court Allowance
Article 13 - Sick Leave
Article 14 - Holidays
Article 15 - Vacations
Artic le 16 - Uniforms
Article 17 - Retirement
Article 18 - Medical and Dental Plans
Artic le 19 - Long Term Disability and Life Insurance
Article 20 - Training School Fee
Article 21 - Time Off to Employee Representat ives
Article 22 - Tuition Reimbursement/Certificate Incentive/Education Incentive Article 23 - Bilingual Pay
Artic le 24 - Workers' Compensat ion Insurance
Artic le 25 - Leave of Absence
Article 26 - Discipline
Article 27 - Grievance Procedures
Article 28 - Jury Duty
Article 29 - Inspection Privileges/Post ing of Notices
Article 30 - Safety and Health/Drug Testing
Article 31 - Work by Management Personnel
Article 32 - Non-discrimination
Article 33 - Savings Provision
Article 34 - Term of Memorandum of Understanding
Article 35 - Conclusiveness of Memorandum of Understanding Article 36 - Salaries
LVCEA November 2023 MOU -1-
232
City Council Agenda Packet, November 20, 2023
232
PREAMBLE
This Memorandum of Understanding is entered into this 20th day of November , 2023, between the City of La Verne (hereinafter referred to as City) and the La Verne City Employees' Associates (LVCEA) (hereinafter referred to as Association) .
Article 1 - Recognition
The City recognizes the Association as the exclusive employee organization for the following positions or any other full-time (36 or 40 hour work week, as applicable) positions which may be added comprising the miscellaneous employees and herein referred to as "employee(s)" or affected employee(s)" :
Account Clerk I
Account Clerk II
Account Clerk Ill
Administrative Clerk I
Administrative Clerk II
Administrative Secretary
Auto Parts Technician
Communications Officer
Customer Service Representative I
Customer Service Representative 11
Community Services Specialist
Equipment Mechanic I
Equipment Mechanic II
Equipment Operator
Equipment Service Worker
Fire Safety Specialist
Heavy Equipment Mechanic
Irrigation Specialist
Maintenance Worker I
Maintenance Worker II
Maintenance Worker Ill
Maintenance Leadworker
Police Aide I
Police Aide 11
Police Clerk I
Police Clerk 11
Police Community Services Officer
Police Service Technician
Senior Equipment Mechanic
Senior Police Aide
Water Production System Operator
Water System Specialist
Water Utility Worker I
Water Utility Worker II
Water Utility Worker 111
Water Utility Leadworker
LVCEA November 2023 MOU -2-
233
City Council Agenda Packet, November 20, 2023
233
Article 2 - City Council Approval
It is agreed that this Memorandum of Understanding is of no force or effect until ratified and approved by Resolution duly adopted by the City Council of the City of La Verne.
Article 3 - Management Rights
All management rights and functions except those that are clearly and expressly limited in this Memorandum of Understanding shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to:
1. Manage the City.
2. Schedule working hours.
3. Establish, modify, or change work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline , or discharge any employee .
6. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, divisions or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used therein.
9. Determine processes, techniques, methods, and means of performing work.
10. Determine the size, character and use of inventories.
11. Determine financial policy, including accounting procedure.
12. Determine administrative organization of the system.
13. Determine selection, promotion, or transfer of employees.
14. Determine the size and character of the work force.
15. Determine the allocation and assignment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of City property, materials, and equipment.
20. Schedule work periods and determine the number and duration of work periods.
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which such operations are to be conducted.
25. Require employees, where necessary, to take in-service training courses during working hours.
26. Determine duties to be included in any job classification.
27. Determine the necessity of overtime and the amount of overtime required.
LVCEA November 2023 MOU -3-
234
City Council Agenda Packet, November 20, 2023
234
28. Take any necessary action to carry out the mission of the City in cases of emergency.
29. Prescribe a uniform dress to be worn by designated employees .
The exercise of the foregoing powers, rights, authority , duties and responsibilities by the City, the adoption of rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith , shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms of this contract , and then only to the extent such specific and express terms are in conformance with law .
Except in emergencies , or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association , upon request by the Association , regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding or in Personnel Rules and Salary Resolutions .
Article 4 - Association Rights and Dues
The Association retains the right to engage in the meet and confer process and emp loyer/employee relations including , but not limited to, wages , hours and other terms and conditions of employment.
A. The City shall deduct dues and other premiums biweekly of each employee member and remit to the Association for the duration of this Memorandum of Understanding such monies that employees authorize in writing the City to deduct.
B. The Association agrees to hold harmless and indemnify the City against any such claims, causes of action, or lawsuits arising from such deductions or transmittal of such deductions to the Association .
Article 5 - No Strike
The City and Association agree that it is to their mutual benefit to encourage resolution of differences through negotiation. Therefore , during the term of this Memorandum of Understanding , the City agrees that it will not cause a lockout of employees and the Association agrees that it will not sanction or cause a strike, slowdown , and stoppage of work or other job action. Compliance with the request of other labor organizations is included within this prohibition.
LVCEA November 2023 MOU -4-
235
City Council Agenda Packet, November 20, 2023
235
Article 6 - Layoff Procedures
A. Prior to initiating layoff procedures, the City will notify Association leadership at least thirty (30) calendar days prior to pending layoffs.
B. In the event a reduction in the work force is necessary, the employee in the classification reduced with the least seniority shall be laid off first. Full-time, permanent employees shall be deemed to have seniority over part-time, hourly employees .
C. For the purposes of this section, seniority will be defined as the total of continuous full-time service in permanent and probationary status with the City.
Based on that, priority will be given as follows:
1. Total City service ; and
2. Service within classification
D. Any represented employee who has been notified of layoff may elect to accept the layoff or exercise bump-down rights. Represented employees , if qualified and able to work, shall be authorized to bump into any lower rated classification within the division and replace any employee who has less seniority.
Employees exercising bump down rights must do so within five (5) working days after receipt of notice of layoff.
E. Employees bumped by higher seniority employees shall themselves have the option of exercising bump down rights.
F. No new employee shall be hired in a classification for which a layoff has been effectuated for a period of twelve (12) months until all employees on layoff have been given the opportunity to return to work. Such employees shall be rehired or reinstated to the position held at the time of separation and in reverse order of their layoff or demotion. Such right of reinstatement must be exercised within twenty (20) days after the City deposits its written notice of recall from layoff in the United States Mail addressed to the employee's last known address. su·ch mailing shall be by certified mail - return receipt requested.
G. For purposes of this Article, employees promoted out of this unit of representation shall, upon completion of the probationary period in their new position, lose all seniority and bumping rights to their former positions.
Article 7 - Salary Rates and Step Advancements
A Salary Step Advancement. Newly hired employees , hired at a salary step above Step 1 will, at the discretion of the City Manager, remain in the entry level salary step for one (1) year before receiving a step increase pursuant to this Article . Employees hired at a variable entrance rate shall be advised of time periods for step increases at the time of being interviewed by the appointing authority before hire. Variable entrance steps may be established if justified by recruitment needs through Step 5 with the approval of the City Manager. All step advancements shall be based upon a five (5) step salary schedule with a five percent (5%) difference between steps in salary range.
Within the salary range, all step advancements will be made on the first day of the closest pay period. Approval for advancement shall be based upon LVCEA November 2023 MOU -5-
236
City Council Agenda Packet, November 20, 2023
236
satisfactory work performance and completion of required length of service in the classification .
1. Advancement to Step 2 (or next) shall be contingent upon satisfactory completion of six months on Step 1.
2. Advancement to Step 3 (or next) shall be contingent upon completion of one (1) year of satisfactory work performance on Step 2 (or second) step.
3. Advancement to Step 4 (or next) step shall be contingent upon completion of one (1) year of satisfactory work performance on Step 3 (or third) step.
4. Advancement to Step 5 (or final) step shall be contingent upon completion of one (1) year of satisfactory work performance on Step 4 (or fourth) step.
The time required for step advancement shall be extended by any time spent on leave without pay that exceeds forty (40) hours in any month. The City Manager may authorize the adjustment of salary step or salary rate of any employee to maintain salary equity within the system, to prevent undue hardship or unfairness due to the application of any rule or policy, or to correct any payroll error, omission, or salary inequity.
The salary step plan, as described on the attached salary schedule, shall provide a salary range for each job classification covered in this Memorandum of Understanding .
B. Salary Plan Administration/Work Performance Evaluation.
1. Employees shall normally be paid by the end of the work shift on or before every other Thursday .
2. A work performance evaluation (WPE) shall be completed by the employee's supervisor within ten (1 0) working days prior to the employee's step advance anniversary dated for all permanent employees in the City, The evaluation shall include the following elements:
a. A written record to be reviewed and acknowledged in writing by the employee . No change will be made after review and acknowledgement by the employee.
b. A discussion between the evaluator and the employee being evaluated on the content of the performance evaluation .
c. A provision whereby an employee may submit a written response to any statement made on the evaluation, which must be filed with the evaluation and forwarded , to the reviewing official. Such response must be acknowledged in writing by the reviewing official and shall become an official part of the evaluation.
If the evaluation is competent or better, the employee will be granted the step advance. If the employee receives an overall "Unsatisfactory" or "Improvement Needed" WPE, the employee's step increase will not be granted; provided , however, inadequate work performance has been previously documented and the employee was given the opportunity to improve performance. A withheld step advancement will be granted following any subsequent review period of satisfactory work performance by the employee. The review period shall be no less than thirty (30) and no more than ninety (90) days. The length of the review period shall be established with due consideration given to the LVCEA November 2023 MOU -6-
237
City Council Agenda Packet, November 20, 2023
237
employee's work history with the City.
In cases where no WPE is filed within the time frames established herein, the employee will contact the City Manager or his designee , and a WPE will be completed within three (3) working days. Step advances will be retroactive to the employee's anniversary date.
4. All step increases, promotions, demotions, or other changes in the employee's salaries shall occur at the beginning of the closest pay period.
C. Pay for Performance Plan. To recognize employees that perform at a high level, the City has developed an Exceptional Performance Program for represented positions scheduled 36 hours a week. Compensation through this program will be separate from annual market adjustments.
1. Eligibility for the Exceptional Performance Award shall be based on criteria such as:
a. Performance evaluation
b. Continuing Education/Cross Training
c. Work Safety
d. Attendance (FMLA/CFRA leave will not count against an employee in this category).
e. Cost savings or revenue generated program or system change D. Probationary Period.
1. All original appointments shall be tentative and subject to a probationary period of twelve ( 12) months, while promotional appointments shall be subject to a six (6) month probationary period.
2. The probationary period may be extended by the City as a result of an employee's unfavorable performance evaluation. City may extend probation for up to two three-month intervals, not to exceed eighteen months of total probation.
3. During the original probationary period, an employee will be evaluated at the end of three (3) months, six (6) months, and twelve ( 12) months.
4. During the original probationary period, an employee may be discnarged by the City without right of appeal if the City deems the employee unfit or unsatisfactory for permanent appointment.
5. During the probationary period, a promoted employee may be demoted back to the previous job held without right of appeal, if the City deems the employee unfit or unsatisfactory for permanent appointment to the promoted position.
6. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing an employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting an employee whose performance does not meet the standards of work.
E. New Classifications. The City may establish new job classifications.
Employees desiring to compete for such positions will be evaluated in the same manner as any candidate aspiring to receive appointment to the new position.
LVCEA November 2023 MOU -7-
238
City Council Agenda Packet, November 20, 2023
238
F. Reclassification. Reclassification is a permanent change of an existing position as a result of changes in the function, duties, and/or responsibilities assigned to the position. If an employee feels he/she is working out of classification, said employee or employee representative may submit a Written request to justify a reclassification study to the City Manager or his/her designee. The City Manager or his/her designee shall determine whether justification is sufficient for all reclassification studies.
1. The City may reclassify any job within the city service to accommodate changed job duties not anticipated in the original classification.
2. Reclassifications shall not be used with the purpose of avoiding restrictions surrounding promotions and demotions.
3. An employee whose job is reclassified and includes a higher rate of pay shall receive the salary step in the reclassified position's range that is higher but closest to the salary currently held by such employee.
4. An employee whose job is reclassified and includes a lower rate of pay shall remain at the current level of pay until the new salary range equals or exceeds such current level.
5. The Association will be notified of any reclassification of filled positions within the unit of representation and shall be given the opportunity to discuss said reclassification with the City prior to implementation .
G. Acting Appointments. The City may designate an employee to an acting capacity in a job classification different than that currently held by the employee. The employee shall receive a minimum of five percent (5%) above the employee's current base monthly salary added to the employee's wages after ten (10) consecutive working days of service in such acting capacity. 1, Service in an acting capacity shall not continue beyond six (6) months except upon mutual agreement of all parties.
2, An employee having served in an acting capacity and subsequently having been appointed to the position shall establish a new anniversary date as the first day of permanent appointment to the position.
H, Promotion. Promotion is the permanent appointment of an employee from one classification to another classification having a higher base monthly salary.
1. A promoted employee shall receive a minimum of a five percent (5%) salary increase, provided, however, that no employee shall receive a salary that exceeds or deviates from the salary range and steps established for the promotional classification. A promoted employee appointed at other than Step 1 shall not receive another step increase for a minimum of one (1) year.
2. A new step advance date shall be established and any promoted employee shall be subject to a six (6) month probationary period. An employee rejected during this time shall be reinstated to the job classification previously held at the same salary level the employee had prior to the promotion. A rejection pursuant to this section shall not be considered a demotion as defined in Section H.
L VCEA November 2023 MOU -8-
239
City Council Agenda Packet, November 20, 2023
239
3. Nothing in this section shall be construed as limiting the City's right to advertise a promotional position to any candidate desiring to apply. Any qualified employee may apply and will be evaluated in the same manner as any candidate aspiring to receive appointment to the position.
I. Demotion . The City may, with cause, demote an employee to a lower job classification .
1. A demoted employee shall receive a minimum decrease in salary equivalent to one (1) salary step in the employee's current job classification , provided, however, that no employee shall receive a salary which exceeds the maximum range level established for the lower job classification.
2. A new anniversary date shall be established for a demoted employee as the day on which the employee begins performing the duties of the lower job classification .
J. Personnel Records . Personnel records are confidential and access to personnel records of the employee shall be limited to the City Manager , Personnel Officer, Department Head, or Division Manager. Employees currently employed by the City and/or their representative, designated by the employee in writing, will be allowed to review the employee's personnel records during business hours.
Employees shall receive, upon his/her request , a copy of any document placed in the employee's personnel file. Negative information may be purged from personnel records upon request of the employee and approval of the City Manager.
Employees and/or their representatives desiring to review such records shall make such request in advance to the City Manager or the Personnel Officer as appropriate.
K. Maintenance Worker Ill Program . As employees become qualified, a minimum of two (2) positions in each of the Streets Division, Water/Sewer Division, and Parks Division shall be budgeted at the Maintenance Worker Ill level. All promotional appointments to Maintenance Worker Ill shall be accomplished in accordance with the competitive selection procedures in the City's Personnel Rules and Regulations. Eligibility criteria to qualify for promotion to Maintenance Worker Ill shall be as follows :
1. The employee must have successfully completed (received a "C" or better grade) five (5) job related three (3) unit college level courses that have been pre-approved by the Personnel Officer. All five (5) courses must be completed after employment with the City of La Verne. The employee , with the approval of the Personnel Officer, may substitute one ( 1) job related certification course, requiring substantially the same amount of class time and study as a college level course, for one (1) of the five (5) college courses. If an employee has completed three or more job related classes within the five years prior to employment , only three additional classes are necessary to qualify for the bonus. In these cases, if not enough job related classes are available, the City shall expand the scope of the classes on an as needed basis.
LVCEA November 2023 MOU
240
City Council Agenda Packet, November 20, 2023
240
The employee's work performance. evaluations for the past three (3) annual evaluation periods must contain ratings of "meets expectations" or better overall.
2. The employee shall not have tested positive for drugs for three (3) years.
3. Possession of a California Commercial driver's license.
M, Training Pay for Communications Officers. A Communications Officer, designated to train another Communications Officer, shall be paid a salary differential of five percent (5%) during the time he or she is serving as a trainer .
N. Lead Designation for Communications Officers. A Lead assignment receiving an additional 5% above Communications Officer Step 5 base monthly salary can be assigned to a maximum of two Communications Officers at a time. Eligibility for the Lead Designation is determined by the Communications Supervisor with approval from the Chief of Police. The following are parameters for consideration:
1. Must be at Step 5 of Communications Officer
2. Must receive satisfactory evaluation during the last annual performance evaluation period
3. Completion of the Advanced P.O.S.T Public Safety Dispatcher Certification ;
4. Completion of a Communication Officer FTO School
5. Eligible employees must complete one of the following courses:
i. Department approved Critical incident training
ii. Crisis Communication Skills
iii. Dispatcher Tactical Operations
iv. Advanced Communications Officer
v. Communications Manager Certification
Article 8 - Hours of Work
A. Work Shift The normal work shift for Association represented employees shall consist of a workday of nine (9) hours, except for Communications Officers whose workday consists of twelve (12) hours under the Alternative Work Schedule ("AWS") The parties agree to continue the AWS, a 3/12 schedule with an additional eight hour shift for Communications Officers.
Under the 3/12 AWS , employees will be scheduled to work a total of 80 hours in a biweekly period.
B. Work Week. The normal workweek for Association represented employees shall consist of four (4) consecutive nine (9) hour days totaling thirty-six (36) hours per week.
Communications Officers shall be scheduled on the 3/12 AWS, which shall consist of six (6) work days of twelve (12) hours and one (1) work day of eight (8) hours for a total of 80 hours during two consecutive work weeks. The eight (8) hour work day must be on the same day of the week as the employee's Regular Day Off (''RDO"). Under the 3/12 AWS, one calendar week shall consist of forty-four (44) hours (3 12-hour days and one 8-hour day) and the alternating LVCEA November 2023 MOU -10-
241
City Council Agenda Packet, November 20, 2023
241
calendar week will consist of thirty-six (36) hours (3 12-hour days). An employee's 3/12 AWS FLSA Workweek begins on the employee's 8 hour day, exactly four hours after the scheduled start time and ends exactly three hours and 59 minutes after the scheduled start time on the same day the following week .
C. Exceptions. Employees for whom the City deems a different schedule to be desirable or necessary shall work according to such other schedule.
D. Rest Periods. Employees shall receive one (1) rest period of not more than thirty (30) minutes, or two (2) rest periods of fifteen (15) minutes each during the workday. The City shall determine the time and manner in which rest periods shall be taken.
In lieu of the 30-minute morning break, positions assigned to the maintenance facility typical break schedule will consist of a 15-minute morning break and a 45-minute lunch.
E. Communications Center Staffing.
1. The Department will identify an eight (8) hour period of time for each day of the workweek during which two (2) Communications Officers will be deployed.
2. Police Department will staff the communications center with a minimum of (7) full-time Communication Officers. Both parties acknowledge that it is the Police Department's goal to staff the communication center twenty-four (24) hours a day, seven (7) days a week, with two (2) Communication Officers. However, that coverage will be at the Chiefs discretion.
Article 9 ~ Fair Labor Standards Act (FLSA) Provisions
A. Exempt Employees. Although all classifications listed in this Memorandum of Understanding are part of the LVCEA bargaining unit, for purposes of the FLSA, the City will designate certain positions exempt per Department of Labor guidelines . The City shall so inform said employees in writing and place a copy of said notice in the employee's personnel file.
B. Work Period. The work period for all employees within the bargaining group shall be seven (7) consecutive 24-hour days in length (168 hours). An exception is the classification of Water Production System Operator with a work period of fourteen (14) days in length.
C. Overtime. All employees shall be compensated in accordance with the provisions of Article 10 of this Memorandum of Understanding.
D. Training Schools. Non-mandatory attendance at training schools/facil ities that improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever.
Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus twenty-four (24) hours a day. Travel time to and from the training facility, for non- LVCEA November 2023 MOU -11-
242
City Council Agenda Packet, November 20, 2023
242
mandatory training , outside of an employee's normal work shift, is not compensable hours of work.
E. Employee Lockers. Employees may be provided with a locker for their own personal convenience . An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion .
Time spent in changing clothes before or after a shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever.
Article 10 - Overtime
An employee shall be credited for authorized work before or after the normal regularly schedule workday by receiving overtime pay or compensatory time off as may be requested by the employee and approved by the City.
A Prior Authorization . Overtime must be authorized in advance by the City except in cases of emergency .
All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible , explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty times are considered as authorized.
An employee's failure to obtain prior written approval , or explicit verbal authorization followed by written authorization, will result in denial of the overtime request.
Employees are cautioned not to spend excessive amounts of time at their workstation before or after their normal work period or during their meal breaks. Meal breaks should be taken away from the employee's workstation .
This incidental time will not be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained .
8. Rate. Employees assigned to a four (4) day, thirty-six (36) hour work week shall be provided overtime pay at time and one-half for all hours worked over thirty-six (36) per week or nine (9) hours in a day.
Employees assigned to a five (5) day, forty (40) hour work week shall be provided overtime pay at time and one-half for all hours worked over forty (40) hour per week, or eight (8) hours in a day.
Employees assigned to a four (4) day, forty (40) hour workweek shall be provided overtime pay at time and one-half for all hours worked over forty (40) per week, or ten (10) hours in a day.
Employees assigned to a three (3) day, thirty-six (36) hour work week shall be provided overtime pay at time and one-half for all hours worked over thirty-six (36) hours per week, or twelve ( 12) hours in a day.
Maintenance employees shall be provided overtime pay at double time for all hours worked over sixteen (16) consecutive hours except in the event of a local disaster, as declared by the City Council or City Manager (i.e., earthquake , flood, fire , etc.) .
LVCEA November 2023 MOU -12-
243
City Council Agenda Packet, November 20, 2023
243
Communications Officers assigned to the 3/12 AWS shall receive overtime pay at time and one-half for all hours worked in excess of 36 or 44 hours in their respective scheduled 3/12 AWS workweek or their normal assigned shift.
1. Hours Worked : "Hours worked" shall not include paid leave time such as sick leave or compensatory time off unless the employee is "called in" to work overtime; or is required or requested by supervision to work beyond normal shift hours; or is scheduled to work a third-party contract assignment (i.e.; Fair, high school events , etc.). "Hours worked" shall include vacation time subject to the following conditions:
a. An employee that is scheduled to be on vacation on the date of an "overtime shift'' shall not be eligible to receive overtime pay as a result of working the "overtime shift" when the employee was previously scheduled to work that same shift prior to taking the vacation.
b. Reversion to Vacation Time Not Counted as "Hours Worked". ff the City determines that an employee(s) has abused the inclusion of vacation time as "hours worked ," a forty-five (45) day meet and confer period between the City and the Association shall commence to resolve said abuse. If, after the 45 day meet and confer period expires , the City determines that the identified abuse has not been resolved , vacation time shall no longer be counted "hours worked".
C. Compensatory Time. Employees assigned to a four (4) day, thirty-six (36) hour work week may choose to be provided compensatory time off in lieu of pay at time and one-half for all hours worked over thirty-six (36) hour per week, or nine (9) hours in a day.
Employees assigned to a five (5) day, forty (40) hour work week may choose to be provided compensatory time off in lieu of pay at time and one half for all hours worked over forty ( 40) hours per week, or eight (8) hours in a day.
Employees assigned to a four (4) d~y, forty (40) hour work week may choose to be provided compensatory time off in lieu of pay at time and one half for all hours worked over forty (40) per week, or ten (10) hours in a day.
Employees assigned to a three (3) day, thirty-six (36) hour work week may choose to be provided compensa tory time off in lieu of pay at time and one half for all hours worked over thirty-six (36) hours per week , or twelve (12) hours in a day.
Employees assigned to a 3/12 AWS may accrue compensatory time in lieu of overtime pay at the rate of one and one-half for each hour of overtime worked.
Employees may accrue up to two hundred forty (240) hours of compensatory time, which must be used in the calendar year it was earned.
Unused time on the books as of the first pay period in May and the first pay period in November shall be paid to an employee based on their then current rate of pay. Unused compensatory time on the books shall be paid at termination .
LVCEA November 2023 MOU -13-
244
City Council Agenda Packet, November 20, 2023
244
D. Uninterrupted Meal. In the event an employee is not permitted to have an uninterrupted meal period, such employee shall be paid for actual interrupted time at the overtime rate.
E. Hours Worked . For purposes of this Article, "hours worked" shall include any time on paid leave.
Article 11 - Call-Back Allowance
An employee not on standby duty who is called back after working a regular shift or work week and having left the City premises shall be compensated for a minimum of two (2) hours or for actual hours worked, whichever is greater , at the overtime rate.
Article 12- Standby Duty; Standby Court Allowance
A. Standby Duty. Employees assigned standby duty shall provide reasonable response time to emergency call-back situations. During standby duty, the assigned employee shall not be restricted in movement and/or activities and may effectively use "standby" time for his /her own personal purposes , provided he/she can provide a reasonable response time . If the employee is unable to provide a reasonable response to call-back, he/she may be removed from standby duty without any other disciplinary repercussions , except as otherwise provided by Association contract or applicable law.
1. Payment for Actual Hours Worked. An employee assigned to standby duty that is called in to perform work shall be compensated for actual hours worked at the overtime rate.
2. Compensation. An employee on standby duty shall be compensated for two (2) hours per day at the rate of the employee's hourly pay rate for each day on standby assignment.
3. City Vehicle. Only an employee assigned distribution standby duty shall be allowed to take an appropriate City vehicle home for official use only.
4. Assignment. Standby duty shall be assigned one (1) week at a time to affected employees on a rotating basis. The employee assigned is required to be available for call on a 24-hour basis. Eligibility to be assigned to standby duty shall be determined by the Director of Public Works with consideration of the following :
a. A minimum of a 01 Water Certification
b. A minimum of six (6) months experience/training working on the City of La Verne's water distribution system.
5. Call-in Procedure . An employee on standby duty will be called to work by through approved City communications .
6. Availability During Lunch. An employee assigned to standby duty shall be available for call out during lunch or rest periods during the regular workweek .
LVCEA November 2023 MOU -14-
245
City Council Agenda Packet, November 20, 2023
245
7. Schedules Posted. Standby workweek schedules shall be posted by the department at the end of each month and shall cover an eight-week period.
8. Exchange of Assignments . Employees may exchange assigned standby weeks with the approval of the department head.
9. Water Production. Employees on the Water Production team assigned to production standby and required to physically report to solve a work related issue will be provided mileage reimbursement per City Policy. In light of this benefit, Water Production employees will not be eligible for taking home a City vehicle.
B. Standby Court Allowance . An employee not otherwise scheduled to work on a given day and who is placed on ''standby" or "on call" status pursuant to subpoena or other lawful order for a work related case, shall receive two (2) hours salary at straight time as a result of any time spent in such status in the A.M. and two (2) hours compensation for all time spent in such status in the P.M. An employee on standby duty may use standby time for his/her own personal purposes , provided he/she can provide a reasonable response time.
At the time it is earned , the employee shall have the option of accruing their two (2) hour morning and/or two (2) hour afternoon standby time at straight time, up to a maximum of twenty-four (24) hours. Said accrual may be used only when the employee can take time off without replacement. The City shall not be obligated to pay off said accrual at any time.
If the employee actually responds pursuant to subpoena or other lawful order during the first two (2) court hours in the A.M. and/or P.M., then the employee shall be paid the standby rate in the A.M. and/or P.M., or the overtime rate for actual hours worked in the A.M. and/or P.M., whichever is greater. Any response thereafter shall be compensated at the overtime rate in addition to the two (2) hours at the standby rate.
Article 13 - Sick Leave
A. Accrual Rates. All employees shall accrue sick leave at the rate of eight (8) hours per month for each calendar month of service. Sick leave time shall accrue on a monthly basis, beginning with the first month of employment and shall be prorated when an employee begins or terminates his/her employment in the middle of a month .
B. Accumulation . Sick leave may be accumulated indefinitely as long as the employee works for the City.
C. Deduction. Sick leave granted by the City and used by an employee shall be deducted from the employee's accrued sick leave balance.
D. Accrual During Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as otherwise regularly provided by this Memorandum of Understanding .
E. Accrual After Separation. Sick leave shall not be accrued by any employee absent from duty after separation from City service, or during a City authorized LVCEA November 2023 MOU -15-
246
City Council Agenda Packet, November 20, 2023
246
leave of absence without pay, or any other absence from duty not authorized by the City.
F. Physician's Certificate. Evidence, rn the form of a physician's certificate or otherwise , may be required to determine the adequacy of reasons for an employee's absence during a time for which sick leave is requested.
G. Bereavement/Family Leave. In compliance with state law, employees are eligible for statutory unpaid five (5) days of bereavement leave if they have been employed for at least 30 days before the leave
commences. Bereavement leave may be taken for the death of a family member, which means a spouse , child, parent, sibling, grandparent, grandchild , domestic partner, or parent-in-law . To be covered by the law, the bereavement leave must be completed within three (3) months of the date of death, but need not be taken consecutively . In conjunction with the statutory requirements , a bereavement leave benefit, not chargeable to sick leave, is available to eligible employees. Two (2) work days leave, the number of hours to conform to the employee's typical work day, shall be available to eligible employees . Evidence of family relationship may be required before such leave is granted .
In addition to the separate paid bereavement leave benefit, an employee may utilize not to exceed three (3) sick leave days per occurrence for additional paid bereavement leave time.
H. Utilization Procedure . An employee requesting paid sick leave or bereavement leave shall comply with the following:
1. Call-in Procedure . The employee shall personally make contact with his/her supervisor at least two (2) hours before the time specified for the beginning of the work shift of his/her absence from duty. In cases in which the ill or disabled employee is physically unable to personally make contact with the Supervisor, the individual designated to provide notification of the absence shall personally make contact with the available Supervisor.
2. Basis for Absence. The employee or other individual providing notification to the Supervisor of the employee's absence shall provide the specific reason for the absence .
3. Accessibility . An employee who has called in sick for personal illness/disability or family illness/disability shall be available at his/her residence for telephone or persona l contact from the Supervisor during the employee's assigned shift. Exceptions to this requirement shall be authorized to seek medical treatment or to obtain medication ; however, if it becomes necessary for the employee to leave his/her residence for either of these reasons, the employee shall be required to telephone the Supervisor to advise where he/she is going and the estimated time of return. Employees who have called in sick to care for an immediate family member who lives outside of the employee's residence to render care provided that the Supervisor is given an address and contact telephone number where the employee can be reached during work hours. The L VCEA November 2023 MOU -16-
247
City Council Agenda Packet, November 20, 2023
247
employee's supervisor shall not contact the employee more than twice during each work shift.
4. Review. An employee who uses more than 40 hours of sick leave in a fiscal year that has not been documented by a physician's certificate may be subject to appear before a review board comprised of Department management personnel and an Association representative to discuss the bases for the absences. Sick leave hours taken for bereavement shall not be counted for purposes of this section.
I. Payment Upon Separation.
1. At termination of employment for other than disciplinary reasons, after fifteen (15) years of service, an employee shall be paid for accrued sick leave up to one (1) month's salary at the then current rate.
2. At the time of retirement the employee also has the option to convert unused sick leave to service credit as provided for under Article 17 E.
However, hours used between payout and application to service credit may not exceed employee's balance at time of retirement.
3. Use of sick leave will not be granted after an employee has submitted their letter of resignation, except for medical reasons supported by a doctor's written order. In cases where an employee has given a notice more than two weeks in advance, this provision will apply to their final two weeks of employment.
Article 14 - Holidays
A.
8. Authorized Holidays. Employees shall receive the following ten (10) paid holidays on a straight time basis:
1. New Year's Day
2. Martin Luther King Day
3. Presidents Day
4. Memorial Day
5. Independence Day
6. Labor Day
7. Veterans Day
8. Thanksgiving
9. (a) Day before Christmas*
(b) Floating Holiday 11-
10. Floating Holiday**
11. Christmas Day
* Only represented positions assigned to the maintenance facility will receive the day before Christmas off 9 (a). All other represented positions will receive a Floating Holiday 9(b). Floating Holiday 9(b) will be provided to be used between January and December of each calendar year it is earned or else it is forfeited. It must be utilized in a full day increment, there is no availability for cash out, and it cannot be carried over to the next calendar year. ** In addition to Floating Holiday provided for in 9(b), one (1) Floating Holiday will be provided to all members to be used between January and December of each calendar year it is earned or else it is forfeited. Additional floating holiday must be utilized in a full day increment, there is no availability for cash out, and it cannot be carried over to the next calendar year.
Hours of Pay. Employees assigned to a thirty-six (36) hour workweek shall be paid for nine (9) hours per holiday. Employees assigned to a forty (40) LVCEA November 2023 MOU -17-
248
City Council Agenda Packet, November 20, 2023
248
hour workweek (except Communications Officers) shall be paid for eight (8) hours per holiday. Communications Officers are regarded as "shift employees" and shall receive 80 hours of holiday pay per year at straight time on a prorated basis over 24 pay periods during the calendar year. In addition, a shift employee who works on a holiday will receive pay for all hours worked at the rate of time and one-half. All premium pay for hours worked on a holiday must be received by the employee in the form of pay rather than compensatory time. Shift employees are not eligible for Article 14 - Holidays, Section D in recognition of the above added compensation.
C. Weekends. If any holiday falls on a Sunday, the Monday following will be observed as the holiday, or if it falls on a Friday or Saturday, the Thursday preceding will be observed as the holiday.
D. Overtime. In the event that a holiday falls on an employee's regularly scheduled work day and the employee is required to work, for all hours worked the employee shall receive pay at the overtime rate in addition to nine (9) hours of holiday pay for employees assigned to a thirty-six (36) hour work week; or eight (8) hours of holiday pay for employees paid on a forty (40) hour work week basis.
Article 15 - Vacations
A. Accruals. All employees sha ll accrue paid vacation leave as provided below.
Vacation time shall accrue on a monthly basis and shall be prorated when an employee begins or terminates his/her employment in the middle of a month. 36-Hour Work Week
Consecutive Years
of Service
0-3
Beginning of 4th
Beginning of 5th
Beginning of 6th
Beginning of 7th
Beginning of 8th
Beginning of 9th
Beginning of 10th
Beginning of 11th
Beginning of 12th
Beginning of 13th
Beginning of 14th
LVCEA November 2023 MOU
Weeks Per Year
-18-
2.4 2.6
2.8 3.0
3.2 3.4
3.6 3.8
4.0 4.2
4.4 4.6
Hours Per Year
86.4 93.6
100.8
108.0
115.2
122.4
129.6
136.8
144.0
151.2
158.4
165.6
249
City Council Agenda Packet, November 20, 2023
249
40-Hour Work Week (EXCEPT Communications Officers)
Consecutive Years
of Service
0-3
Beginning of 4th
Beginning of 5th
Beginning of 6th
Beginning of 7th
Beginning of Sth
Beginning of 9th
Beginning of 10th
Beginning of 11th
Beginning of 12th
Beginning of 13th
Beginning of 14th
Weeks Per Year
2..4
2.6 2.8
3.0 3.2
3.4 3.6
3.8 4.0
4.2 4.4
4.6 40-Hour Work Week (Communications Officers)
Consecutive Years
of Service Hours Per Year
0-4 104
Beginning of 5th 112
Beginning of 6th 120
Beginning of 7th 128
Beginning of 8th 136
Beginning of 9th 144
Beginning of 1 oth 152
Beginning of 11th 160
Beginning of 12th 168
Beginning of 13th 176
Beginning of 14th 184
Beginning of 15th 192
Hours Per Year
96 104
112
120
128
136
144
152
160
168
176
184
B. Scheduling . Scheduling of employee vacation leave shall be at the discretion of the City with due regard to the wishes of the employee.
C. During Probation. Vacation leave shall not be granted or accrued to any employee during the first six (6) months of the employee's original probationary period. However, on the successful completion of the probationary period, the employee will be credited with vacation leave that would otherwise have been accrued.
D. Deduction . Vacation leave granted by the City and used by an employee shall be deducted from the employee's accrued vacation leave. Vacation leave shall not be granted to any employee after separation from City service, or during a City authorized leave of absence without pay or any other leave of absence not authorized by the City.
E_ Carry Over. Vacation leave may be carried over from year to year, subject to Article 15, Section K.
LVCEA November 2023 MOU -19-
250
City Council Agenda Packet, November 20, 2023
250
F. Accrual During Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue vacation leave.
G. Accrual During Holiday. In the event that a holiday recognized in this MOU occurs during an employee's scheduled vacation leave, then such holiday shall not be considered as vacation leave.
H. Payment Upon Separation. An employee separated from City service shall receive full compensation for accrued vacation leave on the books at the employee's then current salary rate.
I. Annual Cash Out. Association represented employees may "cash out" up to forty (40) hours of accumulated vacation on an annual basis provided :
1. Following the cash out, the employee shall retain a vacation balance of 72 hours or 80 hours (two weeks) .
2. Cash out is paid in conjunction with a vacation leave of at least one week in duration that has been scheduled and approved by the department head at least 30 days in advance.
J. Vacation Cap. Employees hired prior to March 18, 2019 shall have a 500 hour cap on vacation. Any vacation hours that an employee accrues over 500 hours will be valued at their then current hourly rate on a monthly basis and that amount will be placed into the 401 (a) Plan.
Employees hired on or after March 18, 2019, shall have a vacation cap of 400 hours.
Article 16 - Uniforms
A. Provision of Uniforms. The City shall provide uniforms to those employees in maintenance classifications . Upon termination , all uniforms shall be returned to the City or the cost of said uniforms shall be deducted from the termination check.
B. Allowance. All employees in the Police Department required to provide and wear uniforms shall receive the sum of six hundred dollars ($650) per year, payable as part of the first regular paycheck in December. All employees in the Fire Department required to provide and wear uniforms shall receive the sum of four hundred fifty dollars ($450) per year, payable as part of the first regular paycheck in December. Employees who begin or terminate their employment in the middle of a year shall have their uniform allowance prorated.
C. Wearing of Uniform. The uniforms are only to be worn to and from work during working hours. Any employee wearing a City uniform other than during those hours specified may be subject to disciplinary action.
D. Water Utility Uniforms. Employees assigned to the Water Utility Division will have blue work shirts, t-shirts, and pants.
E. Work Boots. After six months of employment , employees in maintenance classifications in the Public Works Department shall be eligible for reimbursement of 100% of their out of pocket expenses for City approved work boots subject to a budget limit of $250 on an as needed basis as approved by the division manager . Reimbursement shall be made upon presentation by LVCEA November 2023 MOU ~20-
251
City Council Agenda Packet, November 20, 2023
251
the employee of an itemized receipt to the division manager showing that work boots meeting the City standards have been purchased after reaching eligibility . All employees who are eligible to receive such reimbursement shall wear work boots that meet City standards at all times while on duty unless otherwise authorized in writing by the department head.
Article 17 - Retirement
All employees shall be covered for retirement purposes by the Public Employees' Retirement System (PERS) in accordance with the contractual agreements between the City and PERS. The plan is administered by the PERS Board. The City and employees shall be subject to the rules and regulations governing retirement, premium cost, etc., as endorsed and accepted by the PERS Board, except as otherwise noted herein:
A. Employer Premium. Premium cost is fixed by the governing board of PERS and is divided between the City and employee . The City shall pay the premium designated as employer charges.
B. Employee Premium for "New Members," as Defined by PEPRA, Hired After January 1, 2013; Miscellaneous PERS 2% @ 62 under PEPRA. "New Members" shall be subject to all of the conditions set forth in the Public Employees ' Pension Reform Act of 2012 (PEPRA), which include, but are not limited to the following:
1. Employee contribution rate for "new members" as defined by PEPRA is at least 50% of the normal cost rate for that defined benefit plan, rounded to the nearest quarter percent or the current contribution rate of similarly situated employees , whichever is greater.
2. Compensation cap for "new members" as defined by PEPRA (120% of Contribution and Benefit Base).
3. Calculation of benefits based on base pay for "new members" as defined by PEPRA.
4. Three (3) year average final compensation for "new members" as defined by PEPRA.
5. Benefits will be determined in accordance with all of the applicable requirements of PEPRA.
6. If PEPRA is partly or wholly overturned or modified by subsequent legislative or judicial actions, employees covered by Article 18 - Section B. will be provided with benefits under Article 18 - Section C. to the greatest extent permitted by law.
C. Employee Premium for "Classic Members": Miscellaneous PERS 2.5%@
55. Classic PERS Members, individuals who joined PERS prior to January 1, 2013, will be responsible for paying the full amount of their employee contribution .
1. Effective in the same pay period of the salary increase or upon the effective date of an amendment to the CalPERS contact, whichever is later, LVCEA "Classic" members will begin cost sharing an additional one half percent (0.5%) toward the employer 's PERS contribution . Also, LVCEA November 2023 MOU -21-
252
City Council Agenda Packet, November 20, 2023
252
effective the first full pay period of July 2024, LVCEA "Classic" members will cost share an additional one-half percent (0.5%) for a total addition of one percent (1.0%) of the employer 's PERS contribution .
D. Credit for Unused Sick Leave. The City will bear the cost for the Credit for Unused Sick Leave benefit. This benefit allows for unused sick leave to be converted to service credit at the rate of 0.004 years for each full day of leave.
E. 1959 Level IV Survivor Benefit. The City will bear the cost for the 1959 Level IV Survivor benefit.
Article 18 - Medical and Dental Plans
A. Medical Plan. For employees hired prior to March 18, 2019, the City shall provide , at its expense, a fully paid medical insurance plan approved by the Association through the Employee Health and Safety Committee for all employees and their dependents . For employees hired on or after March 18, 2019, the City shall provide the following medical insurance contribution amounts only, and employees shall be responsible to cover any medical insurance premium amounts over what the City provides :
Employee only: $650
Employee plus spouse: $1, 150
Employee plus child: $950
Employee plus family: $1 ,500
Employees shall also have the ability to choose from an optional plan and the City will agree to pay an amount not exceeding the cost of the least expensive HMO premium for the employee and his/her dependents .
1. Choice of Plans. At the time of hire, an employee shall choose a plan that best meets the needs of the employee .
2. Open Enrollment . An open enrollment period will occur in May-June of each year (effective July 1 ). Only during this time may the employee change to another plan.
3. Eligibility for Medical Insurance Contributions After Retirement .
For employees hired prior to March 18, 2019, an employee who retires with a pension under the Public Employees' Retirement System (PERS) for other than a work/job related disability, shall be eligible to receive City-paid contributions towards group medical insurance premiums after retirement subject to the following criteria:
■ Employees who retired before January 1, 1998, shall be eligible to receive up to $125 per month.
■ Employees who retire on or after January 1, 1998, shall be eligible to receive up to $225 per month.
This benefit will be paid until the employee's death or eligibility for Medicare benefits , whichever comes first. To be eligible for this benefit, an employee must have ten (10) years of continuous full-time service with the City of La Verne and a minimum of 500 hours of accumulated sick leave on the books at the time of retirement.
Unused vacation and/or compensatory time, at the time of retirement , LVCEA November 2023 MOU -22-
253
City Council Agenda Packet, November 20, 2023
253
may be used to supplement the employee's sick leave hours to meet the aforementioned requirement. The City's contribution shall be fixed at retirement. Any changes after retirement meriting additional costs shall be borne by the employee.
Employees who retire on or after January 1, 2003 shall be eligible to receive medical insurance contributions in an amount that does not exceed 80% of the monthly amount of the least expensive HMO (for the retiree and covered dependents). The amount of the City's contribution shall not be fixed and will increase with changes in the rates that are available through the City provided plans.
This benefit will be paid until the employee's death or eligibility for Medicare, whichever comes first. For an employee to be eligible for this benefit, they must have twenty (20) years of continuous service with the City and a minimum of 500 hours of sick leave on the books at the time of retirement. For the purposes of this section, sick leave hours are for determining eligibility for benefit only and shall not be deducted from an individual's balance.
Due to the increase in years of service with the January 2004 Memorandum of Understanding , employees hired before January 1, 2001 with ten (10) years of continuous service will be able to receive a lesser benefit of 60% of the monthly amount of the least expensive HMO (for the retiree and covered dependents). That amount of the City's contribution shall be increased by a maximum of $50 per year. The rate of increase will be determined by the annual change in plans provided by the City. Other than years of service requirement, all other eligibility requirements will be the same as stated in previous sections. b. For employees hired on or after, March 18, 2019, the City shall not provide any retiree medical insurance contributions.
B. Dental Plan. The City shall contribute to a group dental plan for the employee and eligible dependents in the form of an allocation of up to $33 per month.
Article 19 - Long Term Disability and Life Insurance
A. The City shall provide a long term disability (L TP) plan meeting the following criteria, as defined in the contract with the insurance company:
Waiting period 90 days
Benefit period to age 65
% of insured earnings 66 2/3%
Maximum benefit $7,000 per month
Minimum benefit $100 per month
B. The City will also provide a term life insurance policy with a fifty thousand dollar ($50,000) benefit and a twenty thousand dollar ($20,000) accidental death and dismemberment benefit. Association represented employees agree to pay $4 per month per employee towards the life insurance premium.
LVCEA November 2023 MOU -23-
254
City Council Agenda Packet, November 20, 2023
254
Article 20 - Training School Fee
Where as a condition for continued employment , the City or another governmental agency requires certificate maintenance or attendance at a school or training establishment and where a fee is charged , the City shall pay such fees. An employee attending such school shall suffer no loss of wages or benefits if attendance during work hours is required.
Article 21 - Time Off to Employee Representatives
The City shall allow (3) City employee representatives time off without loss of compensation or benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation.
Association shall designate employee representatives that represent the three workplaces - City Hall, City Yard and Public Safety Facility.
Article 22 - Tuition Reimbursement/Certificate Incentive/Education Incentive A. Tuition Reimbursement. Employees interested in pursuing a job related course of study may be eligible to receive reimbursement of up to fifteen hundred dollars ($1,500) per calendar year for the cost of tuition, fees and books. Eligibility for reimbursement is contingent upon the following criteria:
1. The course is job related; or the employee is taking classes related to a certificate program or degree in business or public administration;
2. The employee has attained prior Personnel Officer approval to pursue the course and provides receipts for all reimbursable items;
3. The employee completes the course with a passing grade of at least a "C" or better; or a pass grade on non-letter graded courses.
In the event an employee resigns from the City and has taken classes that are not directly job related but part of a certificate or degree program (as described in subsection 1, the employee will be required to reimburse the City any reimbursements paid during the previous 12 months.
B. Certificated Program Incentive. Employees who successfully complete a state or county recognized certificated program for job related courses of value to the City in the employees job classification, but not a requirement of employment at the time the Certification is received, shall receive one and one-quarter (1 .25%) of base monthly salary for each certificate to a maximum of two and one-half percent (2.5%). Should the requirements of employment change after the employee has obtained Certification Incentive, said incentive pay shall not be taken away from such previously qualified employees except as stated in subsection D below. Certificates acquired through classes taken during working hours will not be eligible for this additional compensation.
1. Communications Officers with an Intermediate POST Certification qualifies for the one and one-quarter (1 .25%) of base monthly salary.
LVCEA November 2023 MOU -24-
255
City Council Agenda Packet, November 20, 2023
255
2. Communications Officers with an Advanced POST Certification qualifies for two and one-half percent (2.5%) of base monthly salary. Employees with the Communications Officer Lead designation still qualify to receive the 2.5% certification pay for having an Advanced POST Certification.
C. Certificates attained prior to employment with the City, will only be eligible if the employee is required to renew said certificate(s) through retesting or continuing education hours or classes and the employee has received two satisfactory or above performance evaluations .
D. Education/Performance Incentive. Employees who have obtained job related education and satisfy performance criteria specified below shall receive an additional five percent (5%) differential above base salary. To be eligible, an employee must satisfy the following criteria:
1. Except as provided in subsection 4 below, the employee must have successfully completed five (5) job related college level three (3) unit courses that have been pre-approved by the Personnel Officer.
2. The employee's work performance evaluations for the past three annual evaluation periods must contain overall ratings of "meets expectations" or better.
3. The employee shall not have tested positive for drugs for three (3) years.
4. If an employee hired after January 1, 1998, has completed three or more job related classes within the five years prior to employment , only three additional classes are necessary to qualify for the bonus. In these cases, if not enough job related classes are available, the City will expand the scope of the classes on an as needed basis.
5. Courses that employees have submitted for tuition reimbursement under subsection A of this article are eligible for the 5% incentive as of November 6, 2023. Newly eligible employees for the benefit must document and submit their eligibility to the Personnel Officer. The incentive will be included on the first pay period following submission of adequate documentation and approval.
E. Water Certification Pay. In consideration of the requirement that Water Division personnel who work independently in the field are required to possess and retain State of California Department of Health Services certificates as well as it being beneficial to the City's operations, employees assigned to the Water Division with full-time status will be eligible to receive certification pay.
This compensation and eligibility requirements are outlined in Exhibit A. While the City, from time to time , may offer classes that apply to continuing education hours, it is the responsibility of the individual to take the necessary classes during non-work hours to maintain their certification pay. If an employees' certification lapses for any period, they will no longer receive certification pay until they submit proof their certification is again valid.
Beginning January 2024, after one year of the Water Certification Program the City and Association will begin discussions and analyze the Water Certification program and its success; or if adjustments are needed.
LVCEA November 2023 MOU -25-
256
City Council Agenda Packet, November 20, 2023
256
Article 23 - Bilingual Pay
A $150 per month stipend will be granted for each represented employee in a classification the City deems to have direct , routine contact with the public, provided the incumbent can demonstrate his/her ability to fluently speak and understand Spanish or another language . The City and Association will develop an appropriate proficiency exam in conjunction with the high school to certify the individual's abilities.
With the exception of Spanish, the city reserves the right based on operational needs to determine which languages will be eligible for bilingual pay as well as certify the number of employees it deems necessary .
In the event a membe r who is receiving a stipend for the above proficiency pay is off work for a period of longer than 30 consecutive days or is on modified duty that prohibits him/her from completing duties that allow for direct, routine public contact, the above proficiency pay shall be withheld until the date of return to their regular assignment.
Article 24 - Workers' Compensation Insurance
It is reaffirmed , that the state workers' compensation laws and this MOU shall govern all aspects of duty related injuries, illnesses, and accidents.
A. Industrial Injuries and Accidents.
1. Employees shall report any duty related injury or illness which requires medical treatment to the appropriate department supervisor as soon as physically possible .
2. Employees shall report any duty related injury or illness which does not require medical treatment to the appropriate department superviso r by the end of the workday on which the injury or illness occurred.
B. Accident Reporting. Employees shall report any accident that results fn any injury or property damage to the appropriate department supervisor as soon as physically possible.
C. Medical Treatment. Any employee suffering from any duty related injury or illness which requires medical treatment shall immediate ly seek such treatment from a City designated physician or medical facility.
D. Leave of Absence for Industrial Disability Qualification. An employee suffering a duty related injury or illness that disables that employee from the performance of regular job duties may request a leave of absence for industrial disability. Such request may be submitted in the form or a workers' compensation claim. Any dispute regarding such claim shall be resolved through the State Workers' Compensation Appeals Board process.
E. Compensation. For any employee on leave of absence under the worke rs' compensation sections of the California Labor Code, accumulated paid leave may be prorated to supplement such temporary disability compensation LVCEA November 2023 MOU -26-
257
City Council Agenda Packet, November 20, 2023
257
payments , provided that the total amount shall not exceed the regular gross salary of the employee.
Article 25 - Leave of Absence
A. Request for Leave. Any employee who has successfully completed the original probationary period may request a leave of absence for a period of time not to exceed one (1) year.
8. Automatic Resignation. Employee use of leave of absence for a purpose other than that requested shall be considered as an employee's automatic resignation from City service .
C. Approval. The City shall have sole discretion in approving or disapproving any employee request for leave of absence or in granting any pay or benefits.
Any paid leave of absence exceeding thirty (30) days must be approved by the City Council.
D. Job Abandonment. An employee shall be deemed to have voluntarily resigned their employment with the City if the employee is absent for four consecutive workdays without prior authorization and/or notification during their absence.
Article 26 - Discipline
Full authority for administering discipline for just cause, up to and including discharge , is retained by the City.
Article 27 - Grievance Procedures
A. Right of Appeal. A grievance is an alleged violation of a specific clause of this Memorandum of Understanding and other rules, regulations , or procedures of the City. An employee's exclusive recognized labor organization or the City may grieve an action or inaction pursuant to the procedures herein specified.
B. Informal Grievance Procedure. The first attempt to settle a grievance will be through discussion with the immediate supervisor. If, after this discussion , the matter has not been resolved, the employee shall have the right to discuss it with the supervisor's immediate superior. Every effort should be made to find a solution by informal means at the lowest level of supervision. If the matter is not settled, the employee shall then have the right to file a formal appeal in writing to the department head within fifteen (15) days after receiving the decision of the supervisor.
C. Formal Grievance Procedure. An employee filing a formal appeal shall do so in accordance with the following:
1. First Level of Review. The appeal shall be presented in writing to the employee's department head that shall render a decision in writing to the LVCEA November 2023 MOU -27-
258
City Council Agenda Packet, November 20, 2023
258
employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision or if no answer has been received within the time, the employee may present a written appeal to the City Manager. Should the employee fail to take action within fifteen (15) calendar days after receiving the decision of his department head, or within the same time period from the time the appeal was filed if no department head decision is rendered , the appeal shall be deemed to have been abandoned and terminated.
2. City Manager Review. The City Manager or a designated representative shall discuss the grievance with the employee or a representative , if any, and with other appropriate persons. The City Manager may designate a fact-finding committee for advice concerning the appeal. The City Manager shall render a decision in writing to the employee within fifteen (15) calendar days. If the employee does not agree with the decision , the employee shall then have the right to file a formal appeal in writing to the City Council within fifteen (15) calendar days after receiving the decision of the City Manager.
D. Appeal to the City Council. On receipt of an appeal, the City Council may make such investigations as it deems necessary. The City Council will decide whether or not to hear the appeal or to appoint a hearing officer or body. The employee may request that the appeal be considered at a public meeting or at a closed session. The City shall notify the employee requesting the hearing of the date, time and place of the hearing. Unless incapacitated, the employee making the appeal shall appear personally before the City Council or hearing officer at the hearing.
Upon conclusion of any investigation or hearing, the City Council shall cause its findings and recommendations to be prepared in writing and shall certify the same. Such findings shall be countersigned and filed as a permanent record by the City Manager. Any member of the City Council may submit a minority or supplernental report, which shall be part of the permanent record.
If, due to the absence from the City, or illness or disability of a majority of the City Council , an employee would be deprived of a right of a hearing, and in the event the employee were laid off, demoted , reduced or dismissed, the City Manager may defer action until the Council is able to function , unless the case be an emergency , in which event, the City Manager may suspend the employee until the Council is able to function.
E. Conduct of Grievance Procedure.
1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the appellate person or body.
2. The employee may be represented in preparing and presenting the appeal at any level of review.
LVCEA November 2023 MOU -28-
259
City Council Agenda Packet, November 20, 2023
259
Article 28 - Jury Duty
It shall be the general rule to excuse employees of the City from regular responsibilities of their positions no more than once each calendar year when called for jury duty. Employees called for jury duty. however , shall notify the City of the call. If, in the opinion of the City, the absence of the employee for jury duty would result in undue disruption of work programs , the City may refuse to grant the employee paid jury duty leave for the purpose of obtaining an exemption or postponement from jury duty. Where serious disruption would not occur, the city shall permit the employee to serve. The time spent off the job by the employee while actually serving on jury duty under the supervision of the court shall be compensated for on a straight time basis, limited to the employee's normal workday schedule. All per diem reimbursement paid the employee by the court shall be signed over to the City. Failure to provide court veri·fication of jury duty attendance or reimbursement of the court per diem to the City shall be cause for the City not to compensate the employee for jury duty. Any compensation paid to the employee while on jury duty may be deducted from future earnings if the employee fails to provide court verification or reimbursement of the court per diem.
Article 29 - Inspection Privileges/Posting of Notices
A. Access to Premises. With City approval, authorized agents of the Association shall have access to City premises during working hours for the purpose of adjusting disputes , investigating working conditions and such other matters. Such access shall be restricted so as not to interfere with the normal conduct of City services , or with City safety or security standards.
B. Bulletin Board. City bulletin boards may be used for transmitting notices of Association meetings, elections , results of elections, and other matters f)ertaining to Association business . Posted notices shall not be obscene or defamatory nor shall they pertain to public issues that do not involve the City or its relations with City employees. All notices to be posted must be signed or initialed by an authorized representative of the L VCEA.
Article 30 - Safety and Health/Drug Testing
A. Safety Equipment. The City will make reasonable provisions for the safety and health of City employees during the hours of their employment. Protective devices, safety wearing apparel, equipment and facilities will be provided by the City and shall comply with requirements under applicable regulations or laws. Employees shall utilize such safety and health devices, apparel, equipment and facilities when needed.
B. Safety Committee. The safety committee shall be reconvened at the direction of the City Manager for the purpose of reviewing and recommending safety equipment, facilities and procedures.
LVCEA November 2023 MOU -29-
260
City Council Agenda Packet, November 20, 2023
260
C. Drug Testing. The City's Administrative Regulation No. 316 on Drug and Alcohol Testing which provides for pre-employment drug testing, reasonable suspicion testing , post-accident testing and random drug testing, has been amended to be applicable to all employees whose classifications include the operation of a motor vehicle in the course of their employment duties. The selection of names for random drug testing on a quarterly basis will be monitored by an LVCEA representative . The Association will be held harmless by the City from any litigation or judgments that may result from the implementation of the drug testing policy.
Article 31 - Work by Management Personnel
It is agreed that management personnel will not routinely perform work that is normally performed by employees covered in this Memorandum of Understanding except in cases of bona fide emergency or regular train ing. In no event shall Management personnel perform said work if such performance would result in economic loss to a bargain ing unit employee. However , in cases of emergency , Management and/or supervisory personnel may perform any work required or directed without violating this provision.
Article 32 - Non-discrimination
Neither the employer nor the Association shall discriminate against any employee or applicant for employment because of race, color, creed, age, sex, national origin, or union or nonunion activities,
Article 33 - Savings Provision
If any provision(s) of this MOU are held contrary to law, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.
Article 34 - Term of Memorandum of Understanding
This Memorandum of Understanding shall remain in full force and effect from July 18, 2023, through and including June 30, 2025.
Article 35 - Conclusiveness of Memorandum of Understanding The parties acknowledge that during the negotiations that resulted in this MOU, each had the right and opportunity to make demands and proposa ls with respect to subjects within the scope of representation. The understandings arrived at after the LVCEA November 2023 MOU -30-
261
City Council Agenda Packet, November 20, 2023
261
exercise of that right are set forth in this MOU and constitute the complete and total contract between the City and the Association with respect to wages, hours, and other terms and conditions of employmen t. Accordingly, all wages, hours, and terms and conditions of employment shall remain in full force and effect for the term of this MOU, provided , however, that the parties may, upon mutual agreement , renegotiate any part or provisions of this MOU during its term. All practices enjoyed by the employees at the present time, which are not included in, or specifically changed by or contradictory to this MOU are subject to meet and confer prior to implementing any proposed change.
Any prior or existing Memoranda of Understanding between the parties regarding matters within the scope of representation are hereby superseded and terminated in their entirety.
Article 36 - Salaries
Salaries for the Association represented classifications shall be established as follows :
Account Clerk I
Account Clerk II
Account Clerk Ill
Administrative Clerk I
Administrative Clerk II
Administrative Secretary
Auto Parts Technician
Communications Officer
Community Services Officer
Customer Service Representative I
Customer Service Representative II
Commun ity Services Specialist
Equipment Mechanic I
Equipment Mechanic II
Equipment Operator
Equipment Service Worker
Fire Safety Specialist
Heavy Equipment Mechanic
Irrigation Specialist
Maintenance Worker I
Maintenance Worker 11
Maintenance Worker Ill
Maintenance Leadworke r
Police Aide I
Police Aide II
Police Clerk I
Police Clerk II
Police Community Services Officer
Police Service Technician
Senior Police Aide
LVCEA Novembe r 2023 MOU -31-
10% below Account Clerk II
Market
10% above Account Clerk II
10% below Administrative Clerk II
Market
Market
Same as Maintenance Worker I
Market
15% above Police Aide II
10% below Customer Service Rep. II
Market
Same% Increase as CS Coord.
Market
10% above Equipment Mechanic I
10% above Maintenance Worker II
Same as Maintenance Worker 11
Market
Same % as Equipment Mechanic
3 = 5 of Maintenance Worker II
10% below Maintenance Worker II
Market
10% above Maintenance Worker II
17.5% above Maintenance Worker II
10% below Police Aide II
Same as Police Clerk II
10% below Police Clerk II
Market*
2 = 5 of Police Aide 11
Same as Communications Officer
10% above Police Aide 11
262
City Council Agenda Packet, November 20, 2023
262
Senior Equipment Mechanic
Water Production System Operator
Water Systems Specialist
* 5% above Administrative Clerk II
2=5 of Equip Mech. II
Market
Step 5 is equivalent to Water/
Sewer Maint. Supervisor Step 2
Effective with the first full pay period beginning November 2023, the salary ranges for Association represented classifications will be adjusted by 2.5%. Effective the first full pay period beginning November 2023, CEA Members in the Water Utility Worker and Water Production series will receive an additional 3% salary increase.
Effective the first full pay period beginning July 2024, the salary ranges for Association represented classifications will be adjusted 2.5%.
The City will periodically perform a compensation study of the historical labor market including the cities of Azusa, Baldwin Park, Chino, Claremont, Covina, Glendora, Monrovia, Montclair, Ontario, Pomona, Rancho Cucamonga, San Dimas, Upland, West Covina and for selected Police Department positions, the County of Los Angeles.
One-Time Lump Sum Payment- Effective with the first full pay period beginning November 2023, the City will provide each CEA member with a one-time $750 lump sum payment.
One-Time Lump Sum Payment- Effective with the first full pay period in July 2024, the City will provide each CEA member with a one-time $750 lump sum payment.
DATED //--/'f-b{) /)_"]. DATED --------- ----
LA VERNE CITY EMPLOYEES ASSOC. CITY OF LA VERNE
By _____ ____ ____ _
Ken Domer, City Manager
By Ja,if!:.~ s~ nt City Manager
LVCEA November 2023 MOU -32-
263
City Council Agenda Packet, November 20, 2023
263
Exhibit A
Water Certification Pay
Article 22 D. of the MOU will references the program as outlined below.
Employees assigned to the Water Division in the classifications listed will receive compensation up to five percent (5%) of base pay for certification(s) as shown.
Applicable employees will also be eligible to receive up to two additional certification compensation of two and a half percent (2.5%) of base pay for those listed in the assigned classification.
Certification pay will not exceed ten percent 1 10%).
Classification 5% Certification Additional 2.5% Additional 2.5% Pay Certification Pay Certification Pay
Water System D 3 and T 3* D 4-5 T 4-5 Specialist
Water System Operator D 2 and T 2 D 3-5 T 3-5
Water Utility Lead 03 04-5 T 1-5 Worker
Water Utility Worker I 02 D 1**-5 T 1-5
Water Utility Worker II 02 0 3-5 T 1-5
Water Utility Worker Ill 02 D 3-5 T 1-5
Customer Service N/A D 1-5 T 1-5 Representative I
Customer Service 02 D 3-5 T 1-5 Representative 11
"D" Water Distribution Operator Certification issued by the State Water Resources Control Board
"T" Water Treatment Operator Certification issued by the State Water Resources Control Board
*Upon hire, requirement is T2 and employee must obtain T3 within 12 months.
Employee will receive 5% for T2 (and D 2) for first 12 months of employment. ** Not eligible for 01 2.5% if already receiving 5% for 02.
LVCEA November 2023 MOU -33-
264
City Council Agenda Packet, November 20, 2023
264
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 1-
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF LA VERNE
AND
THE LA VERNE CITY EMPLOYEES ASSOCIATION
___________________________________________
Article 1 – Recognition
Article 2 – City Council Approval
Article 3 – Management Rights
Article 4 – Association Rights and Dues
Article 5 – No Strike
Article 6 – Layoff Procedures
Article 7 – Salary Rates and Step Advancements
Article 8 – Hours of Work
Article 9 – Fair Labor Standards Act (FLSA) Provisions
Article 10 – Overtime
Article 11 – Call-Back Allowance
Article 12 – Standby Duty; Standby Court Allowance
Article 13 – Sick Leave
Article 14 – Holidays
Article 15 – Vacations
Article 16 – Uniforms
Article 17 – Retirement
Article 18 – Medical and Dental Plans
Article 19 – Long Term Disability and Life Insurance
Article 20 – Training School Fee
Article 21 – Time Off to Employee Representatives
Article 22 – Tuition Reimbursement/Certificate Incentive/Education Incentive Article 23 – Bilingual Pay
Article 24 – Workers' Compensation Insurance
Article 25 – Leave of Absence
Article 26 – Discipline
Article 27 – Grievance Procedures
Article 28 – Jury Duty
Article 29 – Inspection Privileges/Posting of Notices
Article 30 – Safety and Health/Drug Testing
Article 31 – Work by Management Personnel
Article 32 – Non-discrimination
Article 33 – Savings Provision
Article 34 – Term of Memorandum of Understanding
Article 35 – Conclusiveness of Memorandum of Understanding Article 36 – Salaries
PREAMBLE
265
City Council Agenda Packet, November 20, 2023
265
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 2-
This Memorandum of Understanding is entered into this 1820th day of JulyNovember, 20223, between the City of La Verne (hereinafter referred to as City) and the La Verne City Employees' Associates (LVCEA) (hereinafter referred to as Association).
Article 1 – Recognition
The City recognizes the Association as the exclusive employee organization for the following positions or any other full-time (36 or 40 hour work week, as applicable) positions which may be added comprising the miscellaneous employees and herein referred to as "employee(s)" or affected employee(s)":
Account Clerk I
Account Clerk II
Account Clerk III
Administrative Clerk I
Administrative Clerk II
Administrative Secretary
Auto Parts Technician
Communications Officer
Customer Service Representative I
Customer Service Representative II
Community Services Specialist
Equipment Mechanic I
Equipment Mechanic II
Equipment Operator
Equipment Service Worker
Fire Safety Specialist
Heavy Equipment Mechanic
Irrigation Specialist
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Maintenance Leadworker
Police Aide I
Police Aide II
Police Clerk I
Police Clerk II
Police Community Services Officer
Police Service Technician
Senior Equipment Mechanic
Senior Police Aide
Water Production System Operator
Water System Specialist
Water Utility Worker I
Water Utility Worker II
Water Utility Worker III
Water Utility Leadworker
266
City Council Agenda Packet, November 20, 2023
266
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 3-
Article 2 – City Council Approval
It is agreed that this Memorandum of Understanding is of no force or effect until ratified and approved by Resolution duly adopted by the City Council of the City of La Verne.
Article 3 – Management Rights
All management rights and functions except those that are clearly and expressly limited in this Memorandum of Understanding shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to:
1. Manage the City.
2. Schedule working hours.
3. Establish, modify, or c hange work schedules or standards.
4. Institute changes in procedures.
5. Direct the work force, including the ri ght to hire, promote, demote, transfer, suspend, discipline, or discharge any employee.
6. Determine the location of any new fac ilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, divisions or subdivisions thereof.
7. Determine services to be rendered.
8. Determine the layout of buildings and equipment and materials to be used therein.
9. Determine processes, techniques, me thods, and means of performing work.
10. Determine the size, character and use of inventories.
11. Determine financial policy, in cluding accounting procedure.
12. Determine administrative organization of the system.
13. Determine selection, promotion, or transfer of employees.
14. Determine the size and character of the work force.
15. Determine the allocation and assi gnment of work to employees.
16. Determine policy affecting the selection of new employees.
17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required.
18. Determine administration of discipline.
19. Determine control and use of Cit y property, materials, and equipment.
20. Schedule work periods and determi ne the number and duration of work periods.
21. Establish, modify, eliminate or enforce rules and regulations.
22. Place work with outside firms.
23. Determine the kinds and numbers of personnel necessary.
24. Determine the methods and means by which such operations are to be conducted.
25. Require employees, where necessary, to take in-service training courses during working hours.
267
City Council Agenda Packet, November 20, 2023
267
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 4-
26. Determine duties to be included in any job classification.
27. Determine the necessity of overtime and the amount of overtime required.
28. Take any necessary action to carry out the mission of the City in cases of emergency.
29. Prescribe a uniform dress to be worn by designated employees.
The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City, the adoption of rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms of this contract, and then only to the extent such specific and express terms are in conformance with law.
Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding or in Personnel Rules and Salary Resolutions.
Article 4 – Association Rights and Dues
The Association retains the right to engage in the meet and confer process and employer/employee relations including, but not limited to, wages, hours and other terms and conditions of employment.
A. The City shall deduct dues and other premiums biweekly of each employee member and remit to the Association for the duration of this Memorandum of Understanding such monies that employees authorize in writing the City to deduct.
B. The Association agrees to hold harmless and indemnify the City against any such claims, causes of action, or lawsuits arising from such deductions or transmittal of such deductions to the Association.
Article 5 – No Strike
The City and Association agree that it is to their mutual benefit to encourage resolution of differences through negotiation. Therefore, during the term of this Memorandum of Understanding, the City agrees that it will not cause a lockout of employees and the Association agrees that it will not sanction or cause a strike, slowdown, and stoppage of work or other job action. Compliance with the request of other labor organizations is included within this prohibition.
268
City Council Agenda Packet, November 20, 2023
268
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 5-
Article 6 – Layoff Procedures
A. Prior to initiating layoff procedures, the City will notify Association leadership at least thirty (30) calendar days prior to pending layoffs.
B. In the event a reduction in the work force is necessary, the employee in the classification reduced with the least seniority shall be laid off first. Full-time, permanent employees shall be deemed to have seniority over part-time, hourly employees.
C. For the purposes of this section, s eniority will be defined as the total of continuous full-time service in permanent and probationary status with the City.
Based on that, priority will be given as follows:
1. Total City service; and
2. Service within classification
D. Any represented employee who has been noti fied of layoff may elect to accept the layoff or exercise bump-down rights. Represented employees, if qualified and able to work, shall be authorized to bump into any lower rated classification within the division and replace any employee who has less seniority.
Employees exercising bump down rights must do so within five (5) working days after receipt of notice of layoff.
E. Employees bumped by higher seniority employees shall themselves have the option of exercising bump down rights.
F. No new employee shall be hired in a classification for which a layoff has been effectuated for a period of twelve (12) months until all employees on layoff have been given the opportunity to return to work. Such employees shall be rehired or reinstated to the position held at the time of separation and in reverse order of their layoff or demotion. Such right of reinstatement must be exercised within twenty (20) days after the City deposits its written notice of recall from layoff in the United States Mail addressed to the employee's last known address. Such mailing shall be by certified mail – return receipt requested.
G. For purposes of this Article, em ployees promoted out of this unit of representation shall, upon completion of the probationary period in their new position, lose all seniority and bumping rights to their former positions.
Article 7 – Salary Rates and Step Advancements
A. Salary Step Advancement. Newly hired employees, hired at a salary step above Step 1 will, at the discretion of the City Manager, remain in the entry level salary step for one (1) year before receiving a step increase pursuant to this Article. Employees hired at a variable entrance rate shall be advised of time periods for step increases at the time of being interviewed by the appointing authority before hire. Variable entrance steps may be established if justified by recruitment needs through Step 5 with the approval of the City Manager. All step advancements shall be based upon a five (5) step salary schedule with a five percent (5%) difference between steps in salary range. 269
City Council Agenda Packet, November 20, 2023
269
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 6-
Within the salary range, all step advancements will be made on the first day of the closest pay period. Approval for advancement shall be based upon satisfactory work performance and completion of required length of service in the classification.
1. Advancement to Step 2 (or next) shall be contingent upon satisfactory completion of six months on Step 1.
2. Advancement to Step 3 (or next) shall be contingent upon completion of one (1) year of satisfactory work performance on Step 2 (or second) step.
3. Advancement to Step 4 (or next) step shall be contingent upon completion of one (1) year of satisfactory work performance on Step 3 (or third) step.
4. Advancement to Step 5 (or final) st ep shall be contingent upon completion of one (1) year of satisfactory work performance on Step 4 (or fourth) step.
The time required for step advancement shall be extended by any time spent on leave without pay that exceeds forty (40) hours in any month. The City Manager may authorize the adjustment of salary step or salary rate of any employee to maintain salary equity within the system, to prevent undue hardship or unfairness due to the application of any rule or policy, or to correct any payroll error, omission, or salary inequity.
The salary step plan, as described on the attached salary schedule, shall provide a salary range for each job classification covered in this Memorandum of Understanding.
B. Salary Plan Administration/Work Performance Evaluation.
1. Employees shall normally be paid by the end of the work shift on or before every other Thursday.
2. When the normal pay day falls du ring an employee's annual vacation leave, such employee shall receive a vacation advance on the last working day prior to such annual vacation leave provided a written request is submitted to the Finance Officer at least five (5) working days in advance and the amount requested is less than the employee's regular paycheck.
3.2. A work performance evaluation (WPE) shall be completed by the employee's supervisor within ten (10) working days prior to the employee's step advance anniversary dated for all permanent employees in the City.
The evaluation shall include the following elements:
a. A written record to be reviewed and acknowledged in writing by the employee. No change will be made after review and acknowledgement by the employee.
b. A discussion between the evaluat or and the employee being evaluated on the content of the performance evaluation.
c. A provision whereby an employee may submit a written response to any statement made on the evaluation, which must be filed with the evaluation and forwarded, to the reviewing official. Such response must be acknowledged in writing by the reviewing official and shall become an official part of the evaluation.
If the evaluation is competent or better, the employee will be granted the step advance. If the employee receives an overall "Unsatisfactory" or "Improvement Needed" WPE, the employee's step increase will not 270
City Council Agenda Packet, November 20, 2023
270
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 7-
be granted; provided, however, inadequate work performance has been previously documented and the employee was given the opportunity to improve performance. A withheld step advancement will be granted following any subsequent review period of satisfactory work performance by the employee. The review period shall be no less than thirty (30) and no more than ninety (90) days. The length of the review period shall be established with due consideration given to the employee's work history with the City.
In cases where no WPE is filed within the time frames established herein, the employee will contact the City Manager or his designee, and a WPE will be completed within three (3) working days. Step advances will be retroactive to the employee's anniversary date.
4. All step increases, promotions, demotions, or other changes in the employee's salaries shall occur at the beginning of the closest pay period.
C. Pay for Performance Plan. To recognize employees that perform at a high level, the City has developed an Exceptional Performance program Program for represented positions scheduled 36 hours a week. Compensation through this program will be separate from annual market adjustments.
1. Eligibility for the Exceptional Performance Award shall be based on criteria such as:
d. Performance evaluation
e. Continuing Educat ion/Cross Training
f. Work Safety
g. Attendance (FMLA/CFRA leave will not count against an employee in this category).
C.h. Cost savings or revenue generated program or system change D.C. Probationary Period.
1. All original appointment s shall be tentative and subject to a probationary period of twelve (12) months, while promotional appointments shall be subject to a six (6) month probationary period.
2. The probationary period may be ext ended by the City as a result of an employee's unfavorable performance evaluation. City may extend probation for up to two three-month intervals, not to exceed eighteen months of total probation.
3. During the original probationary period, an employee will be evaluated at the end of three (3) months, six (6) months, and twelve (12) months.
4. During the original probationary period, an newly hired employee may be discharged by the City without right of appeal if the City deems the employee unfit or unsatisfactory for permanent appointment.
5. During the probationary period, a promoted employee may be demoted back to the previous job held without right of appeal, if the City deems the employee unfit or unsatisfactory for permanent appointment to the promoted position.
6. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing an employee's work, for securing the most effective adjustment of a new employee to a position, 271
City Council Agenda Packet, November 20, 2023
271
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 8-
and for rejecting an employee whose performance does not meet the standards of work.
E. New Classifications. The City may establish new job classifications.
Employees desiring to compete for such positions will be evaluated in the same manner as any candidate aspiring to receive appointment to the new position.
F. Reclassification. Reclassification is a permanent change of an existing position as a result of changes in the function, duties, and/or responsibilities assigned to the position. If an employee feels he/she is working out of classification, said employee or employee representative may submit a written request to justify a reclassification study to the City Manager or his/her designee. The City Manager or his/her designee shall determine whether justification is sufficient for all reclassification studies.
1. The City may reclassify any job within the city service to accommodate changed job duties not anticipated in the original classification.
2. Reclassifications shall not be used with the purpose of avoiding restrictions surrounding promotions and demotions.
3. An employee whose job is reclassified and includes a higher rate of pay shall receive the salary step in the reclassified position's range that is higher but closest to the salary currently held by such employee.
4. An employee whose job is reclassified and includes a lower rate of pay shall remain at the current level of pay until the new salary range equals or exceeds such current level.
5. The Association will be notified of any reclassification of filled positions within the unit of representation and shall be given the opportunity to discuss said reclassification with the City prior to implementation.
G. Acting Appointments. The City may designate an employee to an acting capacity in a job classification different than that currently held by the employee. The employee shall receive a minimum of five percent (5%) above the employee's current base monthly salary added to the employee's wages after ten (10) consecutive working days of service in such acting capacity.
1. Service in an acting capacity sha ll not continue beyond six (6) months except upon mutual agreement of all parties.
2. An employee having served in an acting capacity and subsequently having been appointed to the position shall establish a new anniversary date as the first day of permanent appointment to the position.
H. Promotion. Promotion is the permanent appointment of an employee from one classification to another classification having a higher base monthly salary.
1. A promoted employee shall receive a minimum of a five percent (5%) salary increase, provided, however, that no employee shall receive a salary that exceeds or deviates from the salary range and steps established for the promotional classification. A promoted employee appointed at other than Step 1 shall not receive another step increase for a minimum of one (1) year.
272
City Council Agenda Packet, November 20, 2023
272
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 9-
2. A new step advance date shall be established and any promoted employee shall be subject to a six (6) month probationary period. An employee rejected during this time shall be reinstated to the job classification previously held at the same salary level the employee had prior to the promotion. A rejection pursuant to this section shall not be considered a demotion as defined in Section H.
3. Nothing in this section shall be co nstrued as limiting the City's right to advertise a promotional position to any candidate desiring to apply. Any qualified employee may apply and will be evaluated in the same manner as any candidate aspiring to receive appointment to the position.
I. Demotion. The City may, with cause, demote an employee to a lower job classification.
1. A demoted employee shall receive a minimum decrease in salary equivalent to one (1) salary step in the employee's current job classification, provided, however, that no employee shall receive a salary which exceeds the maximum range level established for the lower job classification.
2. A new anniversary date shall be est ablished for a demoted employee as the day on which the employee begins performing the duties of the lower job classification.
J. Personnel Records. Personnel records are confidential and access to personnel records of the employee shall be limited to the City Manager, Assistant to the City ManagerPersonnel Officer, Department Head, or Division Manager. Employees currently employed by the City and/or their representative, designated by the employee in writing, will be allowed to review the employee's personnel records during business hours.
Employees shall receive, upon his/her request, a copy of any document placed in the employee's personnel file. Negative information may be purged from personnel records upon request of the employee and approval of the City Manager.
Employees and/or their representatives desiring to review such records shall make such request in advance to the City Manager or the Personnel OfficerAssistant to the City Manager as appropriate.
K. Maintenance Worker III Program. A classification of Maintenance Worker III is established with a salary range established at a level of ten percent (10%) above Maintenance Worker II. As employees become qualified, a minimum of two (2) positions in each of the Streets Division, Water/Sewer Division, and Parks Division shall be budgeted at the Maintenance Worker III level. All promotional appointments to Maintenance Worker III shall be accomplished in accordance with the competitive selection procedures in the City's Personnel Rules and Regulations. Eligibility criteria to qualify for promotion to Maintenance Worker III shall be as follows:
1. The employee must have successfully completed (received a “C” or better grade) five (5) job related three (3) unit college level courses that have been pre-approved by the Personnel Officer. For employees hired after January 1, 1998, aAll five (5) courses must be completed after 273
City Council Agenda Packet, November 20, 2023
273
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 10-
employment with the City of La Verne. The employee, with the approval of the Personnel Officer, may substitute one (1) job-related certification course, requiring substantially the same amount of class time and study as a college level course, for one (1) of the five (5) college courses. If an employee has completed three or more job related classes within the five years prior to employment, only three additional classes are necessary to qualify for the bonus. In these cases, if not enough job related classes are available, the City shall expand the scope of the classes on an as needed basis.
2. The employee must have an accumula ted sick leave balance of at least 200 hours. An employee who does not possess this minimum sick leave balance may apply for promotion if documentation from a physician is provided which establishes that the employee has been stricken with a chronic or catastrophic illness or injury which has rendered the employee totally incapacitated for intervals of at least four (4) consecutive work days thereby preventing the accumulation of 200 hours of sick leave. Sick leave utilized in conjunction with a job related injury or bereavement during the past three (3) years that has prevented the accumulation of 200 hours of sick leave shall not adversely affect an employee's candidacy for promotion.
3. The employee's work performance ev aluations for the past three (3) annual evaluation periods must contain ratings of "meets expectations" or better overall.
4.2. The employee shall not have tested positive for drugs for three (3) years.
5.3. Possession of a California Commercial driver's license.
6.4. Completion of a drug screen.
L. Senior Police Aide Program . A Senior Police Aide classification shall be established with a salary range set at ten percent (10%) above the Police Aide II range. Eligibility criteria to qualify for promotion to Senior Police Aide shall be as follows:
1. Successful completion of three (3) y ears service as a full-time Police Aide II; and
2. Attaining "above satisfacto ry" performance evaluations; and
3. The recommendation of the Chief of Police that the Police Aide II be promoted to Senior Police Aide.
M. Training Pay for Communications Officers. A Communications Officer, designated to train another Communications Officer, shall be paid a salary differential of five percent (5%) during the time he or she is serving as a trainer.
N. Lead Designation for Communications Officers. A Lead assignment receiving an additional 5% above Communications Officer Step 5 base monthly salary can be assigned to a maximum of two Communications Officers at a time. Eligibility for the Lead Designation is determined by the Communications Supervisor with approval from the Chief of Police. The following are parameters for consideration:
1. Must be at Step 5 of Communications Officer
- ------
274
City Council Agenda Packet, November 20, 2023
274
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 11-
2. Must receive satisfactory evaluation during the last annual performance evaluation period;
3. Completion of the Advanc ed P.O.S.T Public Safety
Dispatcher Certification;
4. Completion of a Comm unication Officer FTO School;
5. Eligible employees must complete one of the following courses;
i. Department approved Critical incident training
ii. Crisis Communication Skills
iii. Dispatcher Tactical Operations
iv. Advanced Communications Officer
v. Communications Manager Certification
Article 8 – Hours of Work
A. Work Shift. The normal work shift for Association represented employees shall consist of a workday of nine (9) hours, except for Communications Officers whose workday consists of ttwelveen (1012) hours under the Alternative Work Schedule (“AWS”) and for Police Aides whose workday consists of twelve (12) hours. The parties agree to continue exploration of the AWS, a 3/12 schedule with an additional eight hour shift for Communications Officers. Under the 3/12 Plan AWS, employees will be scheduled to work a total of 80 hours in a biweekly period., provided the final schedule is beneficial for City operations and not a financial burden.
B. Work Week. The normal workweek for Association represented employees shall consist of four (4) consecutive nine (9) hour days totaling thirty-six (36) hours per week.
Communications Officers shall be scheduled on the 3/12 AWS,plan which shall consist of six (6) work days of twelve (12) hours and one (1) work day of eight (8) hours for a total of 80 hours during two consecutive work weeks. The eight (8) hour work day must be on the same day of the week as the employee’s Regular Day Off (“RDO”). Under the 3/12 AWS, one calendar week shall consist of forty-four (44) hours (3 12-hour days and one 8-hour day) and the alternating calendar week will consist of thirty-six (36) hours (3 12-hour days). consisting of one week with three (3) consecutive twelve (12) hour days and a second week with three (3) consecutive twelve (12) hour days and one eight (8) hour day totaling forty (40) hours per week. 4/10 Plan and Police Aides shall be scheduled on the 3/12 Plan. An employee’s 3/12 AWS FLSA Workweek begins on the employee’s 8 hour day, exactly four hours after the scheduled start time and ends exactly three hours and 59 minutes after the scheduled start time on the same day the following week.
B.
C. Exceptions. Employees for whom the City deems a different schedule to be desirable or necessary shall work according to such other schedule.
D. Rest Periods. Employees shall receive one (1) rest period of not more than thirty (30) minutes, or two (2) rest periods of fifteen (15) minutes each during 275
City Council Agenda Packet, November 20, 2023
275
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 12-
the workday. The City shall determine the time and manner in which rest periods shall be taken.
In lieu of the 30-minute morning break, positions assigned to the maintenance facility typical break schedule will consist of a 15-minute morning break and a 45-minute lunch. As a pilot program, the City will reevaluate the effectiveness of this schedule six months after implementation.
E. Communications Center Staffing.
1. The Department will identify an eight (8 ) hour period of time for each day of the workweek during which two (2) Communications Officers will be deployed.
2. Police Department will staff the comm unications center with a minimum of (7) full-time Communication Officers. Both parties acknowledge that it is the Police Department's goal to staff the communication center twenty-four (24) hours a day, seven (7) days a week, with two (2) Communication Officers. However, that coverage will be at the Chief's discretion.
Article 9 – Fair Labor Standards Act (FLSA) Provisions
A. Exempt Employees. Although all classifications listed in this Memorandum of Understanding are part of the LVCEA bargaining unit, for purposes of the FLSA, the City will designate certain positions exempt per Department of Labor guidelines. The City shall so inform said employees in writing and place a copy of said notice in the employee's personnel file.
B. Work Period. The work period for all employees within the bargaining group shall be seven (7) consecutive 24-hour days in length (168 hours). An exception is the classification of Water Production System Operator with a work period of fourteen (14) days in length.
C. Overtime. All employees shall be compensated in accordance with the provisions of Article 10 of this Memorandum of Understanding.
D. Training Schools. Non-mandatory attendance at training schools/facilities that improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever.
Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus twenty-four (24) hours a day. Travel time to and from the training facility, for non- mandatory training, outside of an employee's normal work shift, is not compensable hours of work.
E. Employee Lockers. Employees may be provided with a locker for their own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.
Time spent in changing clothes before or after a shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever.
276
City Council Agenda Packet, November 20, 2023
276
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 13-
Article 10 – Overtime
An employee shall be credited for authorized work before or after the normal regularly schedule workday by receiving overtime pay or compensatory time off as may be requested by the employee and approved by the City.
A. Prior Authorization. Overtime must be authorized in advance by the City except in cases of emergency.
All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty times are considered as authorized.
An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in denial of the overtime request.
Employees are cautioned not to spend excessive amounts of time at their workstation before or after their normal work period or during their meal breaks. Meal breaks should be taken away from the employee's workstation.
This incidental time will not be compensated in any manner whatsoever unless prior authorization of a supervisor is obtained.
B. Rate. Employees assigned to a four (4) day, thirty-six (36) hour work week shall be provided overtime pay at time and one-half for all hours worked over thirty-six (36) per week or nine (9) hours in a day.
Employees assigned to a five (5) day, forty (40) hour work week shall be provided overtime pay at time and one-half for all hours worked over forty (40) hour per week, or eight (8) hours in a day.
Employees assigned to a four (4) day, forty (40) hour workweek shall be provided overtime pay at time and one-half for all hours worked over forty (40) per week, or ten (10) hours in a day.
Employees assigned to a three (3) day, thirty-six (36) hour work week shall be provided overtime pay at time and one-half for all hours worked over thirty-six (36) hours per week, or twelve (12) hours in a day.
Maintenance employees shall be provided overtime pay at double time for all hours worked over sixteen (16) consecutive hours except in the event of a local disaster, as declared by the City Council or City Manager (i.e., earthquake, flood, fire, etc.).
Communications Officers assigned to the 3/12 AWSplan shall receive overtime pay at time and one-half for all hours worked in excess of 36 or 44 hours in their respective scheduled 3/12 AWS workweek or their normal assigned shift.over their normal assigned shift or workweek.
1. Hours Worked: “Hours worked” shall not include paid leave time such as sick leave or compensatory time off unless the employee is “called in” to work overtime; or is required or requested by supervision to work beyond normal shift hours; or is scheduled to work a third-party 277
City Council Agenda Packet, November 20, 2023
277
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 14-
contract assignment (i.e.; Fair, high school events, etc.). “Hours worked” shall include vacation time subject to the following conditions:
a. An employee that is scheduled to be on vacation on the date of an “overtime shift” shall not be eligible to receive overtime pay as a result of working the “overtime shift” when the employee was previously scheduled to work that same shift prior to taking the vacation.
b. Reversion to Vacation Time Not Counted as “Hours Worked”. If the City determines that an employee(s) has abused the inclusion of vacation time as “hours worked,” a forty-five (45) day meet and confer period between the City and the Association shall commence to resolve said abuse. If, after the 45 day meet and confer period expires, the City determines that the identified abuse has not been resolved, vacation time shall no longer be counted “hours worked”.
Maintenance employees shall be provided overtime pay at double time for all hours worked over sixteen (16) consecutive hours except in the event of a local disaster, as declared by the City Council or City Manager (i.e., earthquake, flood, fire, etc.).
C. Compensatory Time. Employees assigned to a four (4) day, thirty-six (36) hour work week may choose to be provided compensatory time off in lieu of pay at time and one-half for all hours worked over thirty-six (36) hour per week, or nine (9) hours in a day.
Employees assigned to a five (5) day, forty (40) hour work week may choose to be provided compensatory time off in lieu of pay at time and one- half for all hours worked over forty (40) hours per week, or eight (8) hours in a day.
Employees assigned to a four (4) day, forty (40) hour work week may choose to be provided compensatory time off in lieu of pay at time and one- half for all hours worked over forty (40) per week, or ten (10) hours in a day.
Employees assigned to a three (3) day, thirty-six (36) hour work week may choose to be provided compensatory time off in lieu of pay at time and one- half for all hours worked over thirty-six (36) hours per week, or twelve (12) hours in a day.
Employees assigned to a 3/12 AWSschedule may accrue compensatory time in lieu of overtime pay at the rate of one and one-half for each hour of overtime worked.
Employees may accrue up to two hundred forty (240) hours of compensatory time, which must be used in the calendar year it was earned.
Unused time on the books as of the first pay period in May and the first pay period in November shall be paid to an employee based on their then current rate of pay. Unused compensatory time on the books shall be paid at termination.
D. Uninterrupted Meal. In the event an employee is not permitted to have an uninterrupted meal period, such employee shall be paid for actual interrupted time at the overtime rate.
278
City Council Agenda Packet, November 20, 2023
278
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 15-
E. Hours Worked. For purposes of this Article, "hours worked" shall include any time on paid leave.
Article 11 – Call-Back Allowance
An employee not on standby duty who is called back after working a regular shift or work week and having left the City premises shall be compensated for a minimum of two (2) hours or for actual hours worked, whichever is greater, at the overtime rate.
Article 12 – Standby Duty; Standby Court Allowance
A. Standby Duty. Employees assigned standby duty shall provide reasonable response time to emergency call-back situations. During standby duty, the assigned employee shall not be restricted in movement and/or activities and may effectively use "standby" time for his /her own personal purposes, provided he/she can provide a reasonable response time. If the employee is unable to provide a reasonable response to call-back, he/she may be removed from standby duty without any other disciplinary repercussions, except as otherwise provided by Association contract or applicable law.
1. Payment for Actual Hours Worked. An employee assigned to standby duty that is called in to perform work shall be compensated for actual hours worked at the overtime rate.
2. Compensation. An employee on standby duty shall be compensated for two (2) hours per day at the rate of the employee's hourly pay rate for each day on standby assignment.
3. City Vehicle. Only an employee assigned distribution standby duty shall be allowed to take an appropriate City vehicle home for official use only.
4. Assignment. Standby duty shall be assigned one (1) week at a time to affected employees on a rotating basis. The employee assigned is required to be available for call on a 24-hour basis. Eligibility to be assigned to standby duty shall be determined by the Director of Public Works with consideration of the following:
a. A minimum of a D1 Water Certification
4.b. A minimum of six (6) months
experience/training working on the City of La Verne’s
water distribution system.
5. Call-in Procedure. Normally, aAn employee on standby duty will be called to work by through approved City communicationse City Police Department or by a City supplied "beeper".
6. Availability During Lunch. An employee assigned to standby duty shall be available for call out during lunch or rest periods during the regular workweek.
279
City Council Agenda Packet, November 20, 2023
279
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 16-
7. Schedules Posted. Standby workweek schedules shall be posted by the department at the end of each month and shall cover an eight-week period.
8. Exchange of Assignments. Employees may exchange assigned standby weeks with the approval of the department head.
8.9. Water Production. Employees ion the Water Production team assigned to production standby and required to physically report to solve a work- related issue will be provided mileage reimbursement per City Policy. In light of this benefit, Water Production employees will not be eligible for taking home a City vehicle.
B. Standby Court Allowance. An employee not otherwise scheduled to work on a given day and who is placed on "standby" or "on call" status pursuant to subpoena or other lawful order for a work related case, shall receive two (2) hours salary at straight time as a result of any time spent in such status in the A.M. and two (2) hours compensation for all time spent in such status in the P.M. An employee on standby duty may use standby time for his/her own personal purposes, provided he/she can provide a reasonable response time.
At the time it is earned, the employee shall have the option of accruing their two (2) hour morning and/or two (2) hour afternoon standby time at straight time, up to a maximum of twenty-four (24) hours. Said accrual may be used only when the employee can take time off without replacement. The City shall not be obligated to pay off said accrual at any time.
If the employee actually responds pursuant to subpoena or other lawful order during the first two (2) court hours in the A.M. and/or P.M., then the employee shall be paid the standby rate in the A.M. and/or P.M., or the overtime rate for actual hours worked in the A.M. and/or P.M., whichever is greater. Any response thereafter shall be compensated at the overtime rate in addition to the two (2) hours at the standby rate.
Article 13 – Sick Leave
A. Accrual Rates. All employees shall accrue sick leave at the rate of eight (8) hours per month for each calendar month of service. Sick leave time shall accrue on a monthly basis, beginning with the first month of employment and shall be prorated when an employee begins or terminates his/her employment in the middle of a month.
B. Accumulation. Sick leave may be accumulated indefinitely as long as the employee works for the City.
C. Deduction. Sick leave granted by the City and used by an employee shall be deducted from the employee's accrued sick leave balance.
D. Accrual During Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue sick leave as otherwise regularly provided by this Memorandum of Understanding.
E. Accrual After Separation. Sick leave shall not be accrued by any employee absent from duty after separation from City service, or during a City authorized 280
City Council Agenda Packet, November 20, 2023
280
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 17-
leave of absence without pay, or any other absence from duty not authorized by the City.
F. Physician's Certificate. Evidence, in the form of a physician's certificate or otherwise, may be required to determine the adequacy of reasons for an employee's absence during a time for which sick leave is requested.
G. Bereavement/Family Leave. In compliance with state law, employees are eligible for statutory unpaid five (5) days of bereavement leave if they have been employed for at least 30 days before the leave
commences. Bereavement leave may be taken for the death of a family member, which means a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law. To be covered by the law, the bereavement leave must be completed within three (3) months of the date of death, but need not be taken consecutively. In conjunction with the statutory requirements, Aa separate bereavement leave benefit, not chargeable to sick leave, is hereby establishedavailable to eligible employees. Two (2) work days leave, the number of hours to conform to the employee's typical work day, shall be available to eligible employees in the case of a death of a spouse, mother, father, sisters, brother, children, grandparents, grandchildren, mother-in-law or father-in-law. Evidence of family relationship may be required before such leave is granted.
In addition to the separate paid bereavement leave benefit, an employee may utilize not to exceed three (3) sick leave days per occurrence for additional paid bereavement leave time.
An employee may utilize up to five (5) sick leave days per occurrence for family leave in the case of serious illness of any of the family members listed in this subsection.
H. Utilization Procedure. An employee requesting paid sick leave or bereavement leave shall comply with the following:
1. Call-in Procedure. The employee shall personally make contact with his/her supervisor at least two (2) hours before the time specified for the beginning of the work shift of his/her absence from duty. In cases in which the ill or disabled employee is physically unable to personally make contact with the Supervisor, the individual designated to provide notification of the absence shall personally make contact with the available Supervisor.
2. Basis for Absence. The employee or other individual providing notification to the Supervisor of the employee's absence shall provide the specific reason for the absence. If the absence is for illness or disability of the employee or a family member, the specific nature of the sickness or disability must be specified and logged by the Supervisor.
3. Accessibility. An employee who has called in sick for personal illness/disability or family illness/disability shall be available at his/her residence for telephone or personal contact from the Supervisor during the employee's assigned shift. Exceptions to this requirement shall be authorized to seek medical treatment or to obtain medication; however, if it becomes necessary for the employee to leave his/her residence for either ---
281
City Council Agenda Packet, November 20, 2023
281
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 18-
of these reasons, the employee shall be required to telephone the Supervisor to advise where he/she is going and the estimated time of return. Employees who have called in sick to care for an immediate family member who lives outside of the employee's residence to render care provided that the Supervisor is given an address and contact telephone number where the employee can be reached during work hours. The employee's supervisor shall not contact the employee more than twice during each work shift.
4. Review. An employee who uses more than 40 hours of sick leave in a fiscal year that has not been documented by a physician's certificate may be subject to appear before a review board comprised of Department management personnel and an Association representative to discuss the bases for the absences. Sick leave hours taken for bereavement shall not be counted for purposes of this section.
I. Payment Upon Separation.
1. At termination of employment for other than disciplinary reasons, after fifteen (15) years of service, an employee shall be paid for accrued sick leave up to one (1) month's salary at the then current rate.
2. At the time of reti rement the employee also has the option to convert unused sick leave to service credit as provided for under Article 17 E.
However, hours used between payout and application to service credit may not exceed employee’s balance at time of retirement.
3. Use of sick leave will not be granted after an employee has submitted their letter of resignation, except for medical reasons supported by a doctor’s written order. In cases where an employee has given a notice more than two weeks in advance, this provision will apply to their final two weeks of employment.
Article 14 – Holidays
A. Authorized Holidays. Employees shall receive the following ten (10) paid holidays on a straight time basis:
1. New Year's Day 6. Labor Day
2. Martin Luther King Day 7. Veterans Day
3. Presidents Day 8. Thanksgiving
4. Memorial Day 9. (a) Day before Christmas *
(b) Floating Holiday *
5. Independence Day 10. Floating Holiday**
11. Christmas Day
* Only represented positions assigned to the maintenance facility will receive the day before Christmas off 9 (a). All other represented positions will receive a Floating Holiday 9(b). Floating Holiday 9(b) will be provided to be used between January and December of each calendar year it is earned or else it is forfeited. It must be utilized in a full day increment, there is no availability for cash out, and it cannot be carried over to the next calendar year. 282
City Council Agenda Packet, November 20, 2023
282
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 19-
** In addition to Floating Holiday provided for in 9(b), one (1) Floating Holiday will be provided to all members to be used between January and December of each calendar year it is earned or else it is forfeited. Additional floating holiday must be utilized in a full day increment, there is no availability for cash out, and it cannot be carried over to the next calendar year.
B. Hours of Pay. Employees assigned to a thirty-six (36) hour workweek shall be paid for nine (9) hours per holiday. Employees assigned to a forty (40) hour workweek (except Communications Officers) shall be paid for eight (8) hours per holiday. Communications Officers are regarded as "shift employees" and shall receive 80 hours of holiday pay per year at straight time on a prorated basis over 24 pay periods during the calendar year. Police Aides are also regarded as “shift employees” and shall receive 72 hours of holiday pay per year at straight time on a prorated basis over 24 pay periods during the calendar year. In addition, a shift employee who works on a holiday will receive pay for all hours worked at the rate of time and one-half. All premium pay for hours worked on a holiday must be received by the employee in the form of pay rather than compensatory time. Shift employees are not eligible for Article 14 – Holidays, Section D in recognition of the above added compensation.
C. Weekends. If any holiday falls on a Sunday, the Monday following will be observed as the holiday, or if it falls on a Friday or Saturday, the Thursday preceding will be observed as the holiday.
D. Overtime. In the event that a holiday falls on an employee's regularly scheduled work day and the employee is required to work, for all hours worked the employee shall receive pay at the overtime rate in addition to nine (9) hours of holiday pay for employees assigned to a thirty-six (36) hour work week; or eight (8) hours of holiday pay for employees paid on a forty (40) hour work week basis.
E. Holiday Scheduling. At the discretion of the City, when the scheduled closure of City Hall occurs on a Thursday, that is not the actual holiday, or when the Christmas holiday schedule would cause City Hall to be closed for two (2) consecutive days, the City may seek volunteers to trade holiday time off so that City Hall would remain open an additional day with a staffing of volunteers only, who would take a replacement holiday off. The above provision regarding holiday closures occurring on a Thursday, that is not the actual holiday, will be evaluated at the expiration of the MOU on December 31, 2016.
Article 15 – Vacations
A. Accruals. All employees shall accrue paid vacation leave as provided below.
Vacation time shall accrue on a monthly basis and shall be prorated when an employee begins or terminates his/her employment in the middle of a month.
36-Hour Work Week
Consecutive Years
283
City Council Agenda Packet, November 20, 2023
283
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 20-
of Service Weeks Per Year Hours Per Year 0-3 2.4 86.4
Beginning of 4th 2.6 93.6
Beginning of 5th 2.8 100.8
Beginning of 6th 3.0 108.0
Beginning of 7th 3.2 115.2
Beginning of 8th 3.4 122.4
Beginning of 9th 3.6 129.6
Beginning of 10th 3.8 136.8
Beginning of 11th 4.0 144.0
Beginning of 12th 4.2 151.2
Beginning of 13th 4.4 158.4
Beginning of 14th 4.6 165.6
40-Hour Work Week (EXCEPT Communications Officers)
Consecutive Years
of Service Weeks Per Year Hours Per Year 0-3 2.4 96
Beginning of 4th 2.6 104
Beginning of 5th 2.8 112
Beginning of 6th 3.0 120
Beginning of 7th 3.2 128
Beginning of 8th 3.4 136
Beginning of 9th 3.6 144
Beginning of 10th 3.8 152
Beginning of 11th 4.0 160
Beginning of 12th 4.2 168
Beginning of 13th 4.4 176
Beginning of 14th 4.6 184
B. 40-Hour Work Week (Communications Officers)
Consecutive Years
of Service Hours Per Year
0-4 104
Beginning of 5th 112
Beginning of 6th 120
Beginning of 7th 128
Beginning of 8th 136
Beginning of 9th 144
Beginning of 10th 152
Beginning of 11th 160
Beginning of 12th 168
Beginning of 13th 176
Beginning of 14th 184
Beginning of 15th 192
284
City Council Agenda Packet, November 20, 2023
284
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 21-
C. Scheduling. Scheduling of employee vacation leave shall be at the discretion of the City with due regard to the wishes of the employee.
D. During Probation. Vacation leave shall not be granted or accrued to any employee during the first six (6) months of the employee's original probationary period. However, on the successful completion of the probationary period, the employee will be credited with vacation leave that would otherwise have been accrued.
E. Deduction. Vacation leave granted by the City and used by an employee shall be deducted from the employee's accrued vacation leave. Vacation leave shall not be granted to any employee after separation from City service, or during a City authorized leave of absence without pay or any other leave of absence not authorized by the City.
F. Carry Over. Vacation leave may be carried over from year to year, subject to Article 15, Section K, without limitation.
G. Accrual During Leave. Employees granted a leave of absence with pay or other approved leave with pay shall accrue vacation leave.
H. Accrual During Holiday. In the event that a holiday recognized in this MOU occurs during an employee's scheduled vacation leave, then such holiday shall not be considered as vacation leave.
I. Payment Upon Separation. An employee separated from City service shall receive full compensation for accrued vacation leave on the books at the employee's then current salary rate.
J. Annual Cash Out. Association represented employees may “cash out” up to forty (40) hours of accumulated vacation on an annual basis provided:
1. Said employee’s sick leave balance meets the minimums indicated below for each year of service:
3 years – 250
4 years – 325
5 years – 400
6 years – 475
7 years – 500
2.1. Following the cash out, the employee shall retain a vacation balance of 72 hours or 80 hours (two weeks).
3.2. Cash out is paid in conjunction with a vacation leave of at least one week in duration that has been scheduled and approved by the department head at least 30 days in advance.
K. Vacation Cap. City will implement a vacation cap of 500 hours no earlier than June 1, 2017. Employees with vacation accruals over 500 hours at the time the cap is initially established will have those hours immediately valued at the employees current hourly rate and placed in a separate City account. The City will have up to three (3) years from the date the 500 hour vacation cap is established to budget and fund the previously valued hours into a 401(a) Plan whose records are kept by Lincoln. For example, an employee with 900 hours would have their 400 hours valued and placed into the City account. If an employee separates from the City during this three year period, the City will fully fund the remaining dollars into the 401(a) Plan. After the cap is 285
City Council Agenda Packet, November 20, 2023
285
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 22-
implemented, any vacation hours that an employee accrues over 500 hours will be valued at their then current hourly rate on a monthly basis and that amount will be placed into the 401(a) Plan.
Employees hired prior to March 18, 2019 shall have a 500 hour cap on vacation. Any vacation hours that an employee accrues over 500 hours will be valued at their then current hourly rate on a monthly basis and that amount will be placed into the 401(a) Plan.
Employees hired on or after March 18, 2019,the effective date of this MOU, February __, 2019, shall have a vacation cap of 400 hours.
Article 16 – Uniforms
A. Provision of Uniforms . The City shall provide uniforms to those employees in maintenance classifications. Upon termination, all uniforms shall be returned to the City or the cost of said uniforms shall be deducted from the termination check.
B. Allowance . All employees in the Police Department required to provide and wear uniforms shall receive the sum of six hundred dollars ($650) per year, payable as part of the first regular paycheck in December. All employees in the Fire Department required to provide and wear uniforms shall receive the sum of four hundred fifty dollars ($450) per year, payable as part of the first regular paycheck in December. Employees who begin or terminate their employment in the middle of a year shall have their uniform allowance prorated.
C. Wearing of Uniform. The uniforms are only to be worn to and from work during working hours. Any employee wearing a City uniform other than during those hours specified may be subject to disciplinary action.
C.D. Water Utility Uniforms. Employees assigned to the Water Utility Division will have blue work shirts, t-shirts, and pants.
Work Boots. After six months of employment, employees in maintenance classifications in the Public Works Department and Parks Departments shall be eligible for reimbursement of 100% of their out of pocket expenses for City approved work boots subject to a budget limit of $250 on an as needed basis as approved by the division manager. Reimbursement shall be made upon presentation by the employee of an itemized receipt to the division manager showing that work boots meeting the City standards have been purchased after reaching eligibility. All employees who are eligible to receive such reimbursement shall wear work boots that meet City standards at all times while on duty unless otherwise authorized in writing by the department head.
Article 17 – Retirement
All employees shall be covered for retirement purposes by the Public Employees' Retirement System (PERS) in accordance with the contractual agreements between the City and PERS. The plan is administered by the PERS Board. The 286
City Council Agenda Packet, November 20, 2023
286
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 23-
City and employees shall be subject to the rules and regulations governing retirement, premium cost, etc., as endorsed and accepted by the PERS Board, except as otherwise noted herein:
A. Employer Premium. Premium cost is fixed by the governing board of PERS and is divided between the City and employee. The City shall pay the premium designated as employer charges.
B. Employee Premium for “New Members,” as Defined by PEPRA, Hired After January 1, 2013; Miscellaneous PERS 2% @ 62 under PEPRA. “New Members” shall be subject to all of the conditions set forth in the Public Employees’ Pension Reform Act of 2012 (PEPRA), which include, but are not limited to the following:
1. Employee contribution rate for “new members” as defined by PEPRA is at least 50% of the normal cost rate for that defined benefit plan, rounded to the nearest quarter percent or the current contribution rate of similarly situated employees, whichever is greater.
2. Compensation cap for “new member s” as defined by PEPRA (120% of Contribution and Benefit Base).
3. Calculation of benefits based on base pay for “new members” as defined by PEPRA.
4. Three (3) year average final compens ation for “new members” as defined by PEPRA.
5. Benefits will be determined in acco rdance with all of the applicable requirements of PEPRA.
6. If PEPRA is partly or wholly ov erturned or modified by subsequent legislative or judicial actions, employees covered by Article 18 – Section B. will be provided with benefits under Article 18 – Section C. to the greatest extent permitted by law.
C. Employee Premium for “Classic Members”Individuals Hired After July 1, 2011;; Miscellaneous PERS 2.5% @ 55. Classic PERS Members, individuals who joined PERS prior to January 1, 2013, Individuals hired after July 1, 2011, will be responsible for paying the full amount of their employee contribution (8% of reported compensation).
C.1. Effective in the same pay period of the salary increase or upon the effective date of an amendment to the CalPERS contact, whichever is the later, LVCEA “Classic” members will begin cost sharing an additional one- half percent (0.5%) toward the employer’s PERS contribution. Also, effective the first full pay period of July 2024, LVCEA “Classic” members will cost share an additional one-half percent (0.5%) for a total addition of one percent (1.0%) of the employer’s PERS contribution.
D. Employee Premium for Individuals Hired by the City on or Prior to July 1, 2011; Miscellaneous PERS 2.5% @ 55.
E.D. Effective with the first pay period in January 2014, employees will be responsible for paying the full 8% of their member contribution to PERS.
Credit for Unused Sick Leave. The City will bear the cost for the Credit for Unused Sick Leave benefit. This benefit allows for unused sick leave to be converted to service credit at the rate of 0.004 years for each full day of leave. 287
City Council Agenda Packet, November 20, 2023
287
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 24-
F.E. 1959 Level IV Survivor Benefit. The City will bear the cost for the 1959 Level IV Survivor benefit.
Article 18 – Medical and Dental Plans
A. Medical Plan. For employees hired prior to the effective date of this MOU, March 18, 2019, the City shall provide, at its expense, a fully paid medical insurance plan approved by the Association through the Employee Health and Safety Committee for all employees and their dependents. For employees hired on or after the effective date of this MOU, March 18, 2019, the City shall provide the following medical insurance contribution amounts only, and employees shall be responsible to cover any medical insurance premium amounts over what the City provides:
Employee only: $600650
Employee plus spouse: $1,000150
Employee plus child: $800950
Employee plus family: $1,300500
Employees shall also have the ability to choose from an optional plan and the City will agree to pay an amount not exceeding the cost of the least expensive HMO premium for the employee and his/her dependents.
1. Choice of Plans. At the time of hire, an employee shall choose a plan that best meets the needs of the employee.
2. Open Enrollment. An open enrollment period will occur in May-June of each year (effective July 1). Only during this time may the employee change to another plan.
3. Eligibility for Medical Insurance Contributions After Retirement. a. For employees hired prior to the effective date of this MOU, March 18, 2019, an employee who retires with a pension under the Public Employees' Retirement System (PERS) for other than a work/job related disability, shall be eligible to receive City-paid contributions towards group medical insurance premiums after retirement subject to the following criteria:
Employees who retire d before January 1, 1998, shall be eligible to receive up to $125 per month.
Employees who retire on or after J anuary 1, 1998, shall be eligible to receive up to $225 per month.
This benefit will be paid until the employee's death or eligibility for Medicare benefits, whichever comes first. To be eligible for this benefit, an employee must have ten (10) years of continuous full-time service with the City of La Verne and a minimum of 500 hours of accumulated sick leave on the books at the time of retirement.
Unused vacation and/or compensatory time, at the time of retirement, may be used to supplement the employee's sick leave hours to meet the aforementioned requirement. The City's contribution shall be fixed at retirement. Any changes after retirement meriting additional costs shall be borne by the employee.
288
City Council Agenda Packet, November 20, 2023
288
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 25-
Employees who retire on or after January 1, 2003 shall be eligible to receive medical insurance contributions in an amount that does not exceed 80% of the monthly amount of the least expensive HMO (for the retiree and covered dependents). The amount of the City’s contribution shall not be fixed and will increase with changes in the rates that are available through the City provided plans.
This benefit will be paid until the employee’s death or eligibility for Medicare, whichever comes first. For an employee to be eligible for this benefit, they must have twenty (20) years of continuous service with the City and a minimum of 500 hours of sick leave on the books at the time of retirement. For the purposes of this section, sick leave hours are for determining eligibility for benefit only and shall not be deducted from an individual’s balance.
Due to the increase in years of service with the January 2004 Memorandum of Understanding, employees hired before January 1, 2001 with ten (10) years of continuous service will be able to receive a lesser benefit of 60% of the monthly amount of the least expensive HMO (for the retiree and covered dependents). That amount of the City’s contribution shall be increased by a maximum of $50 per year. The rate of increase will be determined by the annual change in plans provided by the City. Other than years of service requirement, all other eligibility requirements will be the same as stated in previous sections. b. For employees hired on or after the effective date of this MOU, March 18, 2019, the City shall not provide any retiree medical insurance contributions.
B. Dental Plan. The City shall contribute to a group dental plan for the employee and eligible dependents in the form of an allocation of up to $33 per month.
Article 19 – Long Term Disability and Life Insurance
A. The City shall provide a long term di sability (LTD) plan meeting the following criteria, as defined in the contract with the insurance company:
Waiting period 90 days
Benefit period to age 65
% of insured earnings 66 2/3%
Maximum benefit $7,000 per month
Minimum benefit $100 per month
B. The City will also provide a term life insurance policy with a fifty thousand dollar ($50,000) benefit and a twenty thousand dollar ($20,000) accidental death and dismemberment benefit. Association represented employees agree to pay $4 per month per employee towards the life insurance premium.
Article 20 – Training School Fee
289
City Council Agenda Packet, November 20, 2023
289
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 26-
Where as a condition for continued employment, the City or another governmental agency requires certificate maintenance or attendance at a school or training establishment and where a fee is charged, the City shall pay such fees. An employee attending such school shall suffer no loss of wages or benefits if attendance during work hours is required.
Article 21 – Time Off to Employee Representatives
The City shall allow (3) City employee representatives time off without loss of compensation or benefits when formally meeting and conferring with representatives of the City on matters within the scope of representation.
Association shall designate employee representatives that represent the three workplaces – City Hall, City Yard and Public Safety Facility.
Article 22 – Tuition Reimbursement/Certificate Incentive/Education Incentive A. Tuition Reimbursement. Employees interested in pursuing a job related course of study may be eligible to receive reimbursement of up to fifteen hundred dollars ($1,500) per calendar year for the cost of tuition, fees and books. Eligibility for reimbursement is contingent upon the following criteria:
1. The course is job related; or the employee is taking classes related to a certificate program or degree in business or public administration;
2. The employee has attained prior Pe rsonnel Officer approval to pursue the course and provides receipts for all reimbursable items;
3. The employee completes the course with a passing grade of at least a "C" or better; or a pass grade on non-letter graded courses.
4. Employees submitting for tuition reimbursement will not be eligible for the 1-1/4% incentive for twelve months following completed program and/or job related course.
In the event an employee resigns from the City and has taken classes that are not directly job related but part of a certificate or degree program (as described in subsection 1, the employee will be required to reimburse the City any reimbursements paid during the previous 12 months.
B. Certificated Program Incentive. Employees who successfully complete a state or county recognized certificated program for job related courses of value to the City in the employees job classification, but not a requirement of employment at the time the Certification is received, shall receive one and one-quarter (1.25-1/4%) of base monthly salary for each certificate to a maximum of two and one-half percent (2.5-1/2%). Should the requirements of employment change after the employee has obtained Certification Incentive, said incentive pay shall not be taken away from such previously qualified employees except as stated in subsection D below. Certificates acquired through classes taken during working hours will not be eligible for this additional compensation.
1. Communications Officers with an Inte rmediate POST Certification qualifies for the one and one-quarter (1.25%) of base monthly salary. 290
City Council Agenda Packet, November 20, 2023
290
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 27-
B.2. Communications Officers with an Advanced POST Certification qualifies for two and one-half percent (2.5%) of base monthly salary. Employees with the Communications Officer Lead designation still qualify to receive the 2.5% certification pay for having an Advanced POST Certification.
Certificates attained prior to employment with the City, will only be eligible if the employee is required to renew said certificate(s) through retesting or continuing education hours or classes and the employee has received two satisfactory or above performance evaluations.
C. Education/Performance Incentive. Employees who have obtained job related education and satisfy performance criteria specified below shall receive an additional five percent (5%) differential above base salary. To be eligible, an employee must satisfy the following criteria:
1. Except as provided in subsection 45 below, the employee must have successfully completed five (5) job related college level three (3) unit courses that have been pre-approved by the Personnel Officer.
2. The employee must have and maintain an accumulated sick leave balance of at least 200 hours. An employee whose sick leave balance falls below 200 hours shall not have his/her five percent (5%) salary differential removed until the beginning of the next fiscal year. Sick leave hours used for catastrophic illness or injury, which has rendered the employee, or immediate family member totally incapacitated, as documented by a physician's certificate shall be exempted from consideration for purposes of this article. Sick leave used in conjunction with a job related injury or bereavement during the past three (3) years which has prevented accumulation of 200 hours of sick leave shall not adversely affect an employee's eligibility for Education/Performance Incentive.
3.2. The employee's work performance evaluations for the past three annual evaluation periods must contain overall ratings of "meets expectations" or better.
4.3. The employee shall not have tested positive for drugs for three (3) years.
5.4. If an employee hired after January 1, 1998, has completed three or more job related classes within the five years prior to employment, only three additional classes are necessary to qualify for the bonus. In these cases, if not enough job related classes are available, the City will expand the scope of the classes on an as needed basis.
6.5. Courses that employees have submitted for tuition reimbursement under subsection A of this article will not beare eligible for the 5% incentive as of November 6, 2023. Newly eligible employees for the benefit must document and submit their eligibility to the Personnel Officer. The incentive will be included on the first pay period following submission of adequate documentation and approval.
Employees in the classification of Maintenance Worker III shall not be eligible to receive Education/Performance Incentive pay. The basis for this exclusion 291
City Council Agenda Packet, November 20, 2023
291
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 28-
is that the compensation level for Maintenance Worker III constitutes an incentive and includes similar eligibility criteria.
D. Maintenance Worker Grade II Certification. Water Certification Pay. In consideration of the requirement that Water Division personnel who work independently in the field are required to possess and retain State of California Department of Health Services certificates as well as it being beneficial to the City’s operations, employees assigned to the Water Division with full-time status will be eligible to receive certification pay. This compensation and eligibility requirements are outlined in Exhibit A. While the City, from time to time, may offer classes that apply to continuing education hours, it is the responsibility of the individual to take the necessary classes during non-work hours to maintain their certification pay. If an employees' certification lapses for any period, they will no longer receive certification pay until they submit proof their certification is again valid.
In consideration of the requirement that Water Division personnel who work independently in the field are required to possess and retain a State of California Department of Health Services Distribution Grade II (D2) certificate, the City agrees Maintenance Workers assigned to the Water Division and Customer Service Representatives with full-time status who work independently in the field will be provided with a 2.5% certificate bonus when they show proof of obtaining this certificate. In consideration of this bonus, the abovementioned positions will not be entitled to other bonuses for the D1 or D2 certificate. While the City, from time to time, may offer classes that apply to continuing education hours, it is the responsibility of the individual to take the necessary classes during non-work hours to maintain their certification.
D.
Beginning January 2024, after one year of the Water Certification Program the City and Association will begin discussions and analyze the Water Certification program and its success; or if adjustments are needed.
Article 23 – Bilingual Pay
A $ 150 per month stipend will be granted for each represented employee in a classification the City deems to have direct, routine contact with the public, provided the incumbent can demonstrate his/her ability to fluently speak and understand Spanish or another language. The City and Association will develop an appropriate proficiency exam in conjunction with the high school to certify the individual’s abilities.
With the exception of Spanish, the ci ty reserves the right based on operational needs to determine which languages will be eligible for bilingual pay as well as certify the number of employees it deems necessary.
292
City Council Agenda Packet, November 20, 2023
292
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 29-
In the event a member who is receiving a stipend for the above proficiency pay is off work for a period of longer than 30 consecutive days or is on modified duty that prohibits him/her from completing duties that allow for direct, routine public contact, the above proficiency pay shall be withheld until the date of return to their regular assignment.
Article 24 – Workers ' Compensation Insurance
It is reaffirmed, as of July 1, 2011, that the state workers' compensation laws and this MOU shall govern all aspects of duty related injuries, illnesses, and accidents. regardless of practices that were used by the City or its employees prior to that time.
A. Industrial Injuries and Accidents.
1. Employees shall report any duty rela ted injury or illness which requires medical treatment to the appropriate department supervisor as soon as physically possible.
2. Employees shall report any duty rela ted injury or illness which does not require medical treatment to the appropriate department supervisor by the end of the workday on which the injury or illness occurred.
B. Accident Reporting. Employees shall report any accident that results in any injury or property damage to the appropriate department supervisor as soon as physically possible.
C. Medical Treatment. Any employee suffering from any duty related injury or illness which requires medical treatment shall immediately seek such treatment from a City designated physician or medical facility.
D. Leave of Absence for Industrial Disability Qualification. An employee suffering a duty related injury or illness that disables that employee from the performance of regular job duties may request a leave of absence for industrial disability. Such request may be submitted in the form or a workers' compensation claim. Any dispute regarding such claim shall be resolved through the State Workers' Compensation Appeals Board process.
E. Compensation. For any employee on leave of absence under the workers' compensation sections of the California Labor Code, accumulated paid leave may be prorated to supplement such temporary disability compensation payments, provided that the total amount shall not exceed the regular gross salary of the employee.
Article 25 – Leave of Absence
A. Request for Leave. Any employee who has successfully completed the original probationary period may request a leave of absence for a period of time not to exceed one (1) year.
B. Automatic Resignation. Employee use of leave of absence for a purpose other than that requested shall be considered as an employee's automatic resignation from City service.
293
City Council Agenda Packet, November 20, 2023
293
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 30-
C. Approval. The City shall have sole discretion in approving or disapproving any employee request for leave of absence or in granting any pay or benefits.
Any paid leave of absence exceeding thirty (30) days must be approved by the City Council.
D. Job Abandonment. An employee shall be deemed to have voluntarily resigned their employment with the City if the employee is absent for four consecutive workdays without prior authorization and/or notification during their absence.
Article 26 – Discipline
Full authority for administering discipli ne for just cause, up to and including discharge, is retained by the City.
Article 27 – Grievance Procedures
A. Right of Appeal. A grievance is an alleged violation of a specific clause of this Memorandum of Understanding and other rules, regulations, or procedures of the City. An employee's exclusive recognized labor organization or the City may grieve an action or inaction pursuant to the procedures herein specified.
B. Informal Grievance Procedure. The first attempt to settle a grievance will be through discussion with the immediate supervisor. If, after this discussion, the matter has not been resolved, the employee shall have the right to discuss it with the supervisor's immediate superior. Every effort should be made to find a solution by informal means at the lowest level of supervision. If the matter is not settled, the employee shall then have the right to file a formal appeal in writing to the department head within fifteen (15) days after receiving the decision of the supervisor.
C. Formal Grievance Procedure. An employee filing a formal appeal shall do so in accordance with the following:
1. First Level of Review. The appeal shall be presented in writing to the employee's department head that shall render a decision in writing to the employee within fifteen (15) calendar days after receiving the appeal. If the employee does not agree with the decision or if no answer has been received within the time, the employee may present a written appeal to the City Manager. Should the employee fail to take action within fifteen (15) calendar days after receiving the decision of his department head, or within the same time period from the time the appeal was filed if no department head decision is rendered, the appeal shall be deemed to have been abandoned and terminated.
2. City Manager Review. The City Manager or a designated representative shall discuss the grievance with the employee or a representative, if any, and with other appropriate persons. The City Manager may designate a fact-finding committee for advice concerning the appeal. The City 294
City Council Agenda Packet, November 20, 2023
294
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 31-
Manager shall render a decision in writing to the employee within fifteen (15) calendar days. If the employee does not agree with the decision, the employee shall then have the right to file a formal appeal in writing to the City Council within fifteen (15) calendar days after receiving the decision of the City Manager.
D. Appeal to the City Council. On receipt of an appeal, the City Council may make such investigations as it deems necessary. The City Council will decide whether or not to hear the appeal or to appoint a hearing officer or body. The employee may request that the appeal be considered at a public meeting or at a closed session. The City shall notify the employee requesting the hearing of the date, time and place of the hearing. Unless incapacitated, the employee making the appeal shall appear personally before the City Council or hearing officer at the hearing.
Upon conclusion of any investigation or hearing, the City Council shall cause its findings and recommendations to be prepared in writing and shall certify the same. Such findings shall be countersigned and filed as a permanent record by the City Manager. Any member of the City Council may submit a minority or supplemental report, which shall be part of the permanent record.
If, due to the absence from the City, or illness or disability of a majority of the City Council, an employee would be deprived of a right of a hearing, and in the event the employee were laid off, demoted, reduced or dismissed, the City Manager may defer action until the Council is able to function, unless the case be an emergency, in which event, the City Manager may suspend the employee until the Council is able to function.
E. Conduct of Grievance Procedure.
1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the appellate person or body.
2. The employee may be represented in preparing and presenting the appeal at any level of review.
Article 28 – Jury Duty
It shall be the general rule to excuse employees of the City from regular responsibilities of their positions no more than once each calendar year when called for jury duty. Employees called for jury duty, however, shall notify the City of the call. If, in the opinion of the City, the absence of the employee for jury duty would result in undue disruption of work programs, the City may refuse to grant the employee paid jury duty leave for the purpose of obtaining an exemption or postponement from jury duty. Where serious disruption would not occur, the city shall permit the employee to serve. The time spent off the job by the employee while actually serving on jury duty under the supervision of the court shall be compensated for on a straight time basis, limited to the employee's normal workday schedule. All per diem reimbursement paid the employee by the court shall be signed over to the City. Failure to provide court verification of jury duty attendance or reimbursement of the court per diem to the City shall be cause for the City not to compensate the employee for jury duty. Any compensation paid to the employee 295
City Council Agenda Packet, November 20, 2023
295
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 32-
while on jury duty may be deducted from future earnings if the employee fails to provide court verification or reimbursement of the court per diem.
Article 29 – Inspection Privileges/Posting of Notices
A. Access to Premises. With City approval, authorized agents of the Association shall have access to City premises during working hours for the purpose of adjusting disputes, investigating working conditions and such other matters. Such access shall be restricted so as not to interfere with the normal conduct of City services, or with City safety or security standards.
B. Bulletin Board. City bulletin boards may be used for transmitting notices of Association meetings, elections, results of elections, and other matters pertaining to Association business. Posted notices shall not be obscene or defamatory nor shall they pertain to public issues that do not involve the City or its relations with City employees. All notices to be posted must be signed or initialed by an authorized representative of the LVCEA.
Article 30 – Safety and Health/Drug Testing
A. Safety Equipment. The City will make reasonable provisions for the safety and health of City employees during the hours of their employment. Protective devices, safety wearing apparel, equipment and facilities will be provided by the City and shall comply with requirements under applicable regulations or laws. Employees shall utilize such safety and health devices, apparel, equipment and facilities when needed.
B. Safety Committee. The safety committee shall be reconvened at the direction of the City Manager for the purpose of reviewing and recommending safety equipment, facilities and procedures.
C. Drug Testing. The City's Administrative Regulation No. 316 on Drug and Alcohol Testing which provides for pre-employment drug testing, reasonable suspicion testing, post-accident testing and random drug testing, has been amended to be applicable to all employees whose classifications include the operation of a motor vehicle in the course of their employment duties. The selection of names for random drug testing on a quarterly basis will be monitored by an LVCEA representative. The Association will be held harmless by the City from any litigation or judgments that may result from the implementation of the drug testing policy.
Article 31 – Work by Management Personnel
It is agreed that management personnel will not routinely perform work that is normally performed by employees covered in this Memorandum of Understanding except in cases of bona fide emergency or regular training. In no event shall Management personnel perform said work if such performance would result in economic loss to a bargaining unit employee. However, in cases of emergency, 296
City Council Agenda Packet, November 20, 2023
296
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 33-
Management and/or supervisory personnel may perform any work required or directed without violating this provision.
Article 32 – Non-discrimination
Neither the employer nor the Association shall discriminate against any employee or applicant for employment because of race, color, creed, age, sex, national origin, or union or nonunion activities.
Article 33 – Savings Provision
If any provision(s) of this MOU are held c ontrary to law, such provision(s) will not be deemed valid and subsisting except to the extent permitted by law, but all other provisions will continue in full force and effect.
Article 34 – Term of Memorandum of Understanding
This Memorandum of Understan ding shall remain in full force and effect from July 18, 20222023, through and including June 30, 20232025.
Within 60 days of the Council adoption of the MOU, both parties will meet and confer regarding Water Certification incentive pay.
No later than November 30, 2022 the Association and the City will initiate and engage in negotiations for a multi-year successor agreement.
Article 35 – Conclusiveness of Memorandum of Understanding The parties acknowledge that during the negotiations that resulted in this MOU, each had the right and opportunity to make demands and proposals with respect to subjects within the scope of representation. The understandings arrived at after the exercise of that right are set forth in this MOU and constitute the complete and total contract between the City and the Association with respect to wages, hours, and other terms and conditions of employment. Accordingly, all wages, hours, and terms and conditions of employment shall remain in full force and effect for the term of this MOU, provided, however, that the parties may, upon mutual agreement, renegotiate any part or provisions of this MOU during its term. All practices enjoyed by the employees at the present time, which are not included in, or specifically changed by or contradictory to this MOU are subject to meet and confer prior to implementing any proposed change.
Any prior or existing Memoranda of Understanding between the parties regarding matters within the scope of representation are hereby superseded and terminated in their entirety.
297
City Council Agenda Packet, November 20, 2023
297
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 34-
Article 36 – Salaries
Salaries for the Association represent ed classifications shall be established as follows:
Account Clerk I 10% below Account Clerk II
Account Clerk II Market
Account Clerk III 10% above Account Clerk II
Administrative Clerk I 10% below Administrative Clerk II Administrative Clerk II Market
Administrative Secretary Market
Auto Parts Technician Same as Maintenance Worker I
Communications Officer Market
Community Services Officer 15% above Police Aide II
Customer Service Repr esentative I 10% below Customer Service Rep. II Customer Service Repr esentative II Market
Community Services Specialist Same % Increase as CS Coord.
Equipment Mechanic I Market
Equipment Mechanic II 10% above Equipment Mechanic I
Equipment Operator 10% above Maintenance Worker II
Equipment Service Worker Same as Maintenance Worker II
Fire Safety Specialist Market
Heavy Equipment Mechanic Same % as Equipment Mechanic
Irrigation Specialist 3 = 5 of Maintenance Worker II
Maintenance Worker I 10% below Maintenance Worker II
Maintenance Worker II Market
Maintenance Worker III 10% above Maintenance Worker II
Maintenance Leadworker 17.5% above Maintenance Worker II Police Aide I 10% below Police Aide II
Police Aide II Same as Police Clerk II
Police Clerk I 10% below Police Clerk II
Police Clerk II Market *
Police Community Services Officer 2 = 5 of Police Aide II Police Service Technician Same as Communications Officer Senior Police Aide 10% above Police Aide II
Senior Equipment Mechanic 2=5 of Equip Mech. II
Water Production System Operator Market
Water Systems Specialist Step 5 is equivalent to Water/ Sewer Maint. Supervisor Step 2
* Market or 5% above Administrative Clerk II
The local labor market is determined through compensation surv eys of the following agencies: cities of Azusa, Baldwin Park, Chino, Claremont, Covina, Glendora, Monrovia, Montclair, Ontario, Pomona, Rancho Cucamonga, San Dimas, Upland, 298
City Council Agenda Packet, November 20, 2023
298
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 35-
West Covina and for selected Police Department positions, the County of Los Angeles.
Effective with the first full pay period beginning July November 20222023, the salary ranges for Association represented classifications will be adjusted to the median of the confirmed local labor market as of June 15, 2022 (see attached summary), based on a 36-hour work week where applicable, equivalent to the nearest one-half percent (.5%). Additionally, if a position’s median adjustment is reported to be negative, salary will be held at the current amount. To implement these adjustments to the median of the 36-hour workweek equivalent, salary ranges will be adjusted upward to ninety percent (90%) of the median of the local labor market. Should the existing salary range for the classification exceed 90% of the median, the then current salary range for such classification will be maintained.by
2.5%. Effective the first full pay period beginning November 2023, CEA Members in the Water Utility Worker and Water Production series will receive an additional 3% salary increase.
Effective the first full pay period begi nning July 2024, the salary ranges for Association represented classifications will be adjusted 2.5%.
The City will periodically perform a compens ation study of the historical labor market including the cities of Azusa, Baldwin Park, Chino, Claremont, Covina, Glendora, Monrovia, Montclair, Ontario, Pomona, Rancho Cucamonga, San Dimas, Upland, West Covina and for selected Police Department positions, the County of Los Angeles.
One-Time Lump Sum Payment – Effective with the first full pay period following ratification beginning November 2023, the City will provide each CEA member with a one-time $750 lump sum payment.
One-Time Lump Sum Payment – Effective with the first full pay period in July 2024, the City will provide each CEA member with a one-time $750 lump sum payment.
DATED___________________________ DATED___ _________________________
LA VERNE CITY EMPLOYEES ASSOC. CITY OF LA VERNE
By______________________________ By_______ _________________________ LVCEA Representative Bob RussiKen Domer, City Manager
By______________________________ By_______ _________________________ LVCEA Representative James Ranells, Assistant City Manager
299
City Council Agenda Packet, November 20, 2023
299
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 36-
By______________________________
LVCEA President
300
City Council Agenda Packet, November 20, 2023
300
RESOLUTION NO. 232-47LVCEA November 2023 MOU - 37-
Exhibit A
Water Certification Pay
Article 22 D. of the MOU will references the program as outlined below.
Employees assigned to the Water Division in the classifications listed will receive compensation up to five percent (5%) of base pay for certification(s) as shown.
Applicable employees will also be eligible to receive up to two additional certification compensation of two and a half percent (2.5%) of base pay for those listed in the assigned classification.
Certification pay will not exceed ten percent (10%).
Classification 5% Certification
Pay
Additional 2.5%
Certification Pay
Additional 2.5%
Certification Pay
Water System Specialist D 3 and T 3* D 4-5 T 4-5
Water System Operator D 2 and T 2 D 3-5 T 3-5
MaintenanceWater Utility
Lead Worker D 3 D 4-5 T 1-5
MaintenanceWater Utility
Worker I (Utilities) D 2 D 1**-5 T 1-5
MaintenanceWater Utility
Worker II (Utilities) D 2 D 3-5 T 1-5
MaintenanceWater Utility
Worker III (Utilities) D 2 D 3-5 T 1-5
Customer Service
Representative I N/A D 1-5 T 1-5
Customer Service
Representative II D 2 D 3-5 T 1-5
“D” Water Distribution Operator Certification issued by the State Water Resources Control Board
“T” Water Treatment Operator Certification issued by the State Water Resources Control Board *Upon hire, requirement is T2 and employee must obtain T3 within 12 months. Employee will receive 5% for T2 (and D 2) for first 12 months of employment. ** Not eligible for D1 2.5% if already receiving 5% for D2.
301
City Council Agenda Packet, November 20, 2023
301
City of La Verne, City Council
Agenda Report
DATE: November 20, 2023
TO: Honorable Mayor and City Council
FROM: JR Ranells, Assistant City Manager
SUBJECT: RESOLUTION NO. 23-85 ADOPTING A SALARY CHART FOR FULL - TIME EMPLOYEES , REPEALING RESOLUTION NO. 2 3-46, AND
AMENDING RESOLUTION NO. 23-47 FOR PART-TIME EMPLOYEES
SUMMARY
With the conclusion of negotiations for labor units, a new full -time employee resolution and amended part-time employee resolution and salary table are required to reflect the adjustments in compensation.
RECOMMENDATION
It is recommended that the City Council a dopt the attached Resolution titled, “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA VERNE, COUNTY OF
LOS ANGELES, STATE OF CALIFORNIA, ADOPTING A SALARY CHART FOR FULL - TIME EMPLOYEES , REPEALING RESOLUTION NO. 2 3-46, AND AMENDING RESOLUTION NO. 23-47 FOR PART-TIME EMPLOYEES.”
DISCUSSION
Based on agreements reached with the La Verne City Employees’ Association (CEA) and La Verne Police Officers’ Association (POA), salary adjustments are being made reflecting a three and one -half percent (3.5%) increase for Police Officer and Corporal , three percent (3%) for Sergeant , and two and one -half percent (2.5%) for all CEA Members. Additionally, CEA Members in the Water Utility Worker classification series , Water Systems Operator, and the Water Systems Specialist position will be receiving an additional three percent (3%) increase related to negotiat ed water specific market comparisons. The part-time Administrative Clerk I and part-time Communications Officer classifications will also be receiving a two and one-half (2.5%) increase as they are linked to the full-time equivalent positions represented by CEA. As a result of only needing to adjust two part-time classifications and more substantial changes required with January 2024 minimum wage adjustments, the part -time salary sche dule is being amended instead of adopting an entirely new document.
Lastly, based on the compaction formula included in the La Verne Police Middle Management Association Memorandum of Understanding, Police Lieutenants will receive an increase of three percent (3%).
FISCAL ANALYSIS
Salary increases are supported by Measure LV revenues and the Enterprise and Internal Service Funds for respective positions. Necessary appropriations are being requested 302
City Council Agenda Packet, November 20, 2023
302
Full-Time Salary Chart
November 20, 2023