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13.4.15 Falsification of any City report or record (including job application);
13.4.16 Other acts which are incompatible with service to the public including, but not limited to, any conduct or behavior, either on or off duty, which causes discredit or would reasonable tend to cause discredit to fall upon the City, its officer, agents or departments;
13.4.17 Documented verbal and/or physical abuse/harassment of co- workers and/or the general public; and
13.4.18 Working overtime without authorization.
13.5 Investigations
An employee required to attend an investigatory interview with the employee’s supervisor(s) is entitled to Association representation where the employee has a reasonable basis to believe that he or she may be disciplined as a result from the meeting. The employee must request Association representation. The right to Association representation generally does not apply to an investigatory meeting concerning solely another employee’s conduct where the employee questioned at the meeting is merely a witness to the incident or has possible knowledge of the incident. The right to Association representation does not apply in coaching and mentoring sessions, or where the employee is given work performance direction, assistance, or guidance from their supervisors.
ARTICLE 14
GRIEVANCE PROCEDURE
14.1 Early Resolution. This grievance procedure is intended to ensure that every reasonable effort will be made to resolve problems as near as possible to the point of origin.
Definitions of grievances are as follows:
14.2 Definitions
14.2.1 “Grievance” – A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this MOU or existing City Rule(s), Regulation(s) or Policy(ies) regarding working conditions.
14.2.2 “Grievant” – A regular or probationary employee who alleges in a grievance that the employee has been directly wronged by a violation of specific terms of Item Title: 12.2
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this MOU or existing City Rule(s), Regulation(s) or Policy(ies) regarding hours, wages, and terms and conditions of employment.
14.2.3 “Immediate Supervisor” – The appropriate supervisor or manager to whom the employee is accountable.
14.2.4 “Response and File” – Personal delivery or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it shall be by certified, return receipt requested mail and the certified receipt date shall establish the date of response or filing. If personal delivery is used, the calendar date of delivery shall establish the date of response or filing.
14.3 Level One – Informal Review
14.3.1 An employee shall have the right to present a grievance and to have the complaint considered by the immediate supervisor no later than fifteen (15) working days after the event giving rise to the complaint, or no later than fifteen (15) workings days after the employee knew or reasonably should have known of the event giving rise to the grievance.
14.3.2 The employee, whenever possible, shall attempt to resolve the grievance informally with their supervisor.
14.3.3 The immediate supervisor shall provide and answer to the employee no later than fourteen (14) working days after the Level One meeting. Such response shall be provided orally.
14.4 Level Two - Formal Review
14.4.1 If the grievance is not resolved through Level One informal discussions, the employee may file a Level Two grievance with the Chief of Police no later than ten (10) working days after the response from the immediate supervisor at Level One. The grievant shall state the following clearly and concisely on a grievance form provided by the City:
14.4.1.1 The specific term(s) of this MOU or the City Rule(s), Regulation(s) or Policy(ies) regarding working conditions, which have been violated;
14.4.1.2 The action grieved, including names, dates, places and times and Item Title: 12.2
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how it violated a specific term(s) of the City Rule(s), Regulation(s) or Policy(ies) regarding working conditions;
14.4.1.3 The remedy sought;
14.4.1.4 The name and classification of the grievant and their signature;
14.4.1.5 The name of the representative, if any;
14.4.1.6 The date of submission.
14.4.2 The Chief of Police shall hold a meeting with the grievant at a mutually acceptable time and location no later than ten (10) working days after the receipt of the grievance. The Chief of Police shall respond in writing to the grievant within ten (10) working days of the Level Two meeting.
14.5 Level Three
14.5.1 In the event the grievance is not settled at the Level Two, or in the case of disciplinary action within the meaning of Section 13.3 of MOU, the grievant may file a Level Three grievance with the City Manager no later than ten (10) working days after the Level Two response. The grievant shall include in the grievance a written statement indicating the reason that the proposed settlement at Level Two was unsatisfactory. The City Manager may hold a meeting with the grievant at a mutually acceptable time and location. The City Manager shall respond to the grievant no later than ten (10) working days after the receipt of the Level Three grievance.
14.5.2 The grievant shall present at Level Three all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level Three, except by mutual agreement.
14.5.3 Amendments and/or modifications to the grievance shall not be made by the grievant after the Level Three filing date, except by mutual agreement. This provision does not preclude either party from presenting new evidence should either party discover it at a later date. Each party shall make an effort to share evidence with the other upon discovery of said evidence.
14.5.4 If the grievance has not been settled at Level Three, then within ten (10) working days after receipt of the Level Three written decision or the expiration of the time limits for making such decision, upon request of the grievant, the grievant may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Human Resources Department.
Item Title: 12.2
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14.6 Level Four – Arbitration
14.6.1 The arbitration/hearing procedures shall be conducted in accordance with the rules of the State Mediation & Conciliation Service (“SMCS”) or the Office of Administrative Hearings (“OAH”) in the case of an appeal from discipline.
14.6.2 The parties shall select an arbitrator/hearing officer by requesting a list from SMCS. The parties shall strike arbitrators in alternating fashion until there is one arbitrator remaining on the list. This arbitrator shall then serve as the arbitrator, unless the hearing officer is appointed by OAH.
14.6.3 The cost of any arbitration/hearing proceeding shall be divided equally between the City and the Grievant, except in the case of an appeal from disciplinary action.
14.6.4 Failure on the part of the City representative or grievant to appear in any case before an arbitrator/hearing officer, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. “Good Cause” shall be defined as a circumstance(s) beyond control of the party failing to appear. Any cancellation or postponement fee shall be borne the responsible party.
14.6.5 An advisory decision or award by the arbitrator/hearing officer shall be made within thirty (30) calendar days after the close of the hearing. Such decision or award shall be advisory and subject to the approval of the City Manager. Both parties shall be given the opportunity to submit their arguments before the City Manager with regard to the Arbitrator’s/Hearing Officer’s “Findings of Facts,” prior to such approval. After weighing the Arbitrator’s findings, the City Manager may then reaffirm, modify or revoke the Arbitrator’s decision. The decision of the City Manager is final.
14.6.6 Expenses for witnesses shall be borne by the party who calls them, except where City employees testify.
14.6.7 The standard of review for the arbitrator/hearing officer is whether the City violated a specific term(s) of this MOU or the City Rules(s), Regulation(s) or Policy(ies) regarding working conditions in the case of non-disciplinary appeals. In the case of an appeal from discipline, the standard is whether the preponderance of the evidence establishes cause for the discipline and the appropriateness of the penalty.
14.6.8 If a question exists as to the arbitrability of an issue, the arbitrator shall determine the arbitrability questions prior to hearing the formal presentations of the parties on the merits of the grievance.
Item Title: 12.2
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14.7 General Provisions
14.7.1 Failure of the grievant to comply with the time limitations of this Article shall render the grievance null and void. Failure by the City representative to timely respond under this Article shall permit the grievance to be filled at the next level.
14.7.2 Time limits set forth in this Article may be extended by mutual agreement which shall not be unreasonably withheld. The parties may also agree that a particular grievance may be initiated at a higher step than Step I, based on the nature and complexity of the grievance.
14.7.3 No punitive action shall be assessed against an employee for utilizing the grievance procedure.
14.7.4 Employees shall be granted release time not to exceed one (1) hour for the purposes of discussing a potential grievance with their representative or preparing for a grievance which has been filed at Level Two. Such release time for pre-grievance consultation or grievance preparation is applicable per grievance, and its scheduling shall not interfere with departmental operations.
14.7.4.1 The parties may consolidate at any level grievance on similar issues.
14.7.4.2 Grievance records shall be filed separately from an employee’s personnel file and shall be considered confidential.
14.7.4.3 A grievant may withdraw a grievance at any time. The grievant shall not file any subsequent grievance on the same alleged incident.
14.7.4.4 A decision by the grievant to submit a grievance to arbitration shall automatically be a waiver of all other remedies except as provided otherwise by statute.
14.7.4.5 No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.
14.7.4.6 Organizational channels shall be utilized at all times and participation in the grievance and the discussion of information related thereto shall be limited to the parties to the grievance except when such other persons are identified and/or called as witnesses.
14.7.4.7 In the event of a disciplinary action involving a suspension, reduction in pay or demotion, or termination within the meaning of Section 13.3 of Item Title: 12.2
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MOU, where a pre-disciplinary meeting has already been held, Levels One through Two of the grievance procedure shall be eliminated and Levels Three and Four shall be utilized as appropriate, except City, at its sole discretion, may use a hearing officer appointed by the Office of Administrative Hearings.
14.7.4.8 A group of employees may file one grievance rather than individual grievances, as long as the following conditions are met:
14.7.4.9 Each employee in the “group” grievance is individually named.
14.7.4.10 The grieve-able matter is exactly the same for each employee cited in the grievance.
14.7.4.11 The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the employees involved who represents the group filing the grievance.
14.8 Authority of Third Party
Each issue decided by a neutral third party shall stand on its own merits and shall not be used as precedent by any other neutral third party in deciding any issue before them.
14.9 No Retaliation
Employees will not be penalized or retaliated against in any way for using the grievance procedures, testifying as a witness in a grievance proceeding or assisting with a grievance.
ARTICLE 15
RATIFICATION AND IMPLEMENTATION
15.1 Reopeners
15.1.1 The parties agree to a limited reopener during the term of the MOU to discuss removal of the Uniform Allowance and replacement with City-provided uniforms and the review of the Uniform Guidebook provisions.
15.1.2 The parties agree that during the term of this MOU, either party may reopen labor negotiations for the purpose of discussing potential penalties, taxes or other impacts under the Affordable Care Act.
15.1.3 The parties agree to a limited reopener during the term of the MOU if the City Employees Association Units receives an increase in their health insurance or compensation provisions, which shall also apply to the MMPEA retroactively to the date applied to the City Employee’s Association.
Item Title: 12.2
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15.1.4 The parties agree to a limited reopener during the term of the MOU to review data in support of additional languages to qualify for bilingual and biliterate stipend.
15.1.2 No changes, other than those already agreed to above, will be implemented without the parties' mutual agreement.
15.2 Ratification and Implementation
Representatives of management for the City and representatives of the Association have met on a number of occasions and have conferred in good faith, and exchanged proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee members represented by Association.
The management representatives and the representatives of the Association have reached an understanding as outlined in MOU which was ratified by the Association membership.
This MOU constitutes a mutual recommendation to be jointly submitted to the City Council for adoption. After the City Council acts, by majority vote, to formally approve this MOU, the City Council shall enact any necessary amendments to City Ordinances or Resolutions consistent with this MOU.
Dated this day of , 2022.
[Signatures on following page]
Item Title: 12.2
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CITY OF MENIFEE MENIFEE MISCELLANEOUS POLICE
EMPLOYEES ASSOCIATION
By: By:
Rochelle Clayton, Assistant City Manager Chonte Keene, MMPEA President By: By:
Robert Cardenas, Deputy Human
Resources Director
David Brock, MMPEA Representative
Item Title: 12.2
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1 RESOLUTION NO. 22- ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,
APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE MENIFEE MISCELLANEOUS POLICE EMPLOYEES’ ASSOCIATION AND THE CITY OF MENIFEE FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2024 WHEREAS, the City Council of the City of Menifee (“City Council”) passed Resolution No. 18- 739 directing and authorizing formation of a municipal police department for the City of Menifee; and WHEREAS, the City of Menifee (“City”) formally began operations of its municipal police department on July 1, 2020 at 12:00a.m.; and
WHEREAS, the City has formally recognized the Menifee Miscellaneous Police Employees’ Association (“MMPEA”) as the exclusive employee organization for the non-sworn police employees bargaining unit including including the positions of Crime Scene/Property and Evidence Specialist, Community Services Officer I/II, Investigative Specialist I/II, Police Administrative Assistant, Police Records Technician, Property Room Technician, Senior Community Services Officer, and Senior Police Records Technician; and
WHEREAS, this is the foundational Memorandum of Understanding (“MOU”) between the City and the MMPEA; and
WHEREAS, the City and MMPEA have successfully met and conferred, and reached a tentative agreement for a three-year MOU between the City and the MMPEA members for the period of July 1, 2021 through June 30, 2024 pursuant to the Meyers-Milias-Brown Act ("MMBA")(Gov't Code Sections 3500-3511); and
WHEREAS, MMBA Section 3505.1 provides that:
"If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and WHEREAS, the City labor representatives and the MMPEA representatives have also jointly and concurrently prepared a proposed MOU for the period July 1, 2021 through June 30, 2024, which once approved by the City becomes a binding agreement between the employee organization and the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menifee, California as follows:
Section 1.That the City Council approves the Memorandum of Understanding between the City and Menifee Miscellaneous Police Employees’ Association for the period of July 1, 2021 through June 30, 2024, a fully executed copy of which is provided herewith as Attachment 1 and by this reference made a part hereof.
Item Title: 12.2
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Resolution Approving Menifee Miscellaneous Police Employees’ Association MOU 2021-2024 2 4
5 1
3 9
PASSED, APPROVED AND ADOPTED this 15th day of June, 2022 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
Item Title: 12.2
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