MEMORANDUM OF
UNDERSTANDING
Between
City of Menifee
And
The Menifee Miscellaneous Police
Employee Association
July 1, 2024 – June 30, 2027
Menifee MMPEA
2 Section 1. MEMORANDUM OF UNDERSTANDING...................................................3 Section 2. RECOGNITION AND DESCRIPTION OF BARGAINING UNIT..................3 Section 3. PURPOSE...................................................................................................4 Section 4. NON-DISCRIMINATION .............................................................................4 Section 5. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES ......4 Section 6. CITY MANAGEMENT RIGHTS...................................................................7 Section 7. AMENDMENTS TO PERSONNEL RULES AND REGULATIONS.............8 Section 8. PEACEFUL PERFORMANCE OF CITY SERVICES..................................8 Section 9. SALARIES AND COMPENSATION............................................................9 Section 10. CHANGES TO POSITIONS......................................................................15 Section 11. GENERAL EMPLOYMENT MATTERS.....................................................19 Section 12. PAYROLL ADJUSTMENTS......................................................................25 Section 13. LEAVE OF ABSENCE ..............................................................................26 Section 14. DISCIPLINARY ACTION...........................................................................44 Section 15. GRIEVANCE PROCEDURE.....................................................................46 Section 16. REOPENERS, OTHER COMMITMENTS, RATIFICATION, AND IMPLEMENTATION ..................................................................................51 Menifee MMPEA
3 Section 1. MEMORANDUM OF UNDERSTANDING
1.1Parties to Memorandum of Understanding. This Memorandum of Understanding (“MOU”) is made and entered into by and between the City of Menifee, a Municipal Corporation (“City”), and the Menifee Miscellaneous Police Employee Unit of the Menifee Police Officer’s Association (“Association” or “MMPEA”).
1.2Governing Statute. This MOU is entered into pursuant to the Meyers-Milias- Brown Act (“MMBA”), Government Code Section 3500 et seq.
1.3Term. This MOU shall remain in full force and effect from July 1, 2024, through June 30, 2027. This MOU is a three-year agreement with no reopeners except as stated herein or otherwise by mutual agreement. If there is a change in state or federal law after the ratification and adoption of this MOU, which results in a direct and irreconcilable conflict with any specific term of this MOU, at the request of either party, the City and the Association shall negotiate over the effected specific term.
Section 2. RECOGNITION AND DESCRIPTION OF BARGAINING UNIT
2.1Recognition. The City recognizes that the Menifee Miscellaneous Police Employee Unit of the Menifee Police Officer’s Association as the exclusive representative of the MMPEA in accordance with the October 30, 2020 Certification of Representative by the Public Employment Relations Board (“PERB”).
2.2Description of Bargaining Unit. Association members include the following represented classifications:
Community Outreach Specialist Police Records Technician Community Service Officer I/II Property Room Technician Crime Scene/Property and Evidence
Specialist
Senior Community Service Officer
Investigative Specialist I/II Senior Police Records Technician Police Administrative Assistant
2.3Members on Leave of Absence. Bargaining unit members on an authorized leave of absence shall remain members of the bargaining unit during such leave of absence.
2.4Proposed Changes. The City and the Association agree to attempt to resolve any proposed changes to the description of the bargaining unit before requesting PERB to intervene in such issues.
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4 Section 3. PURPOSE
3.1Purpose. It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between the City and the employees covered herein, to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this “MOU”, and to set forth the understanding and agreement of the parties reached as a result of good faith negotiations.
Section 4. NON-DISCRIMINATION
4.1Protection of Rights. The parties mutually recognize and agree to fully protect the rights of all employees to join and participate in the activities of the Association, and to have the Association represent them in their employment relations with the City. It is further agreed that nothing herein shall prohibit an employee from representing themselves individually or appearing on their own behalf with the City. No employee shall be intimidated, coerced, restrained, or discriminated against because of the exercise of these rights.
4.2Equal Protection of Rights. The provisions of this MOU shall be applied equally to all employees, and no person shall be benefited or discriminated against in any manner based on a protected characteristic which is inconsistent with the standards set forth in federal and California anti-discrimination statutes or with any Ordinance, Resolution, or Personnel Rule or Regulation of the City. Alleged violations of this Section 4.2 are not grievable under the MOU’s Grievance Procedure (“Article 14”). An employee may file a formal complaint internally with Human Resources (general and professional) and pursue alleged discrimination through procedures established by California or federal statutes and regulations.
Section 5. EMPLOYEE ORGANIZATIONAL RIGHTS AND
RESPONSIBILITIES
5.1Membership. Employees in the bargaining unit can voluntarily decide to join the Association as a full dues paying member or can remain a non-member and pay no dues. The amounts of full Association dues shall be determined and collected by Association in accordance with law.
5.2Dues and Benefit Deductions Program
5.2.1 Association dues shall be deducted from each employee’s regular payroll check commencing with the first available payroll following notification from the Association.
5.2.2 During the term of this MOU, upon receipt of an executed voluntary written authorization, the City shall deduct Association dues, and benefit program Menifee MMPEA
5 premiums from the pay of employee members of the Association. The Association will prepare the voluntary written authorization, and the employee will provide the executed authorization to the City. The amounts to be deducted for Association dues and agency fees shall be certified to the City by the designated Association official. The deductions shall be forwarded to the designated Association official within ten (10) calendar days of deduction.
5.2.3 The Association hereby agrees to indemnify and hold the City harmless for any loss or damages, claims, or causes of action, arising from the operation of this provision of the MOU, including claims involving disputes regarding the timing and amount of Association dues assessed towards the employee Association members. However, the Association shall not indemnify, defend, or hold harmless the City for its own errors in administering the dues deductions on behalf of the Association.
5.3Maintenance of Membership. Subject to applicable law, all regular, full-time Association employees who, on the effective date of this Agreement are members of the Association in good standing, and all employees who thereafter become members, should maintain their membership with the Association in good standing during the term of this Agreement. Employee Association members, however, maintain the right to resign from membership no sooner than April 15, or later than May 15, of the year this MOU expires. Any employee Association member may exercise the right to resign by submitting a written notice to the Association and to the City during the resignation period. The City and the Association agree that neither party shall discriminate nor retaliate against any employee for the employee's participation or non-participation in any Association activity.
5.4Representational Time-Off. Pursuant to relevant Government Code Sections, the City shall allow a reasonable number of Association employee representatives four (4) hours of time off per fiscal year without loss of compensation or other benefits while formally meeting and conferring with representatives of the City on matters within the scope of representation as defined in the Government Code, or as may be required under Article 5.6, or Article 14, Grievance Procedure.
5.5Bulletin Boards. A bulletin board will be provided and approved by City in a non- public location upon which the Association may post notices of official Association business which may include recreational and social affairs, notices of meetings, benefit programs, trips, elections, appointments, and results of elections, bulletins of employee rights, notices of City Council actions, notices of Menifee MMPEA
6 employer/employee-relations updates, and reports of grievance and arbitration matters, provided that any notice must be on official Association-identified paper and a copy sent to the Human Resources Manager prior to posting.
5.5.1 Each item to be posted shall have a remove- by-date, except for those items designated by the Association for permanent posting.
5.5.2 No Department shall arbitrarily remove said posting without consent of the Association (except for dated material).
5.5.3 In any event, no posting shall contain any vulgar, profane or malicious material or derogatory statement about any City employee or elected official, and no campaign information shall be posted except for the internal Association elections.
5.5.4 The posting of any other classes of notices at City workstations or premises is prohibited without the prior permission of the City Manager or the Human Resources Department.
5.6Association Access to New Employees.
5.6.1 The City shall designate the appropriate new employee(s) orientation meeting where one Association employee member may meet with new Association represented employee(s) for up to thirty (30) minutes to provide information to the new employee(s).
5.6.2 Pursuant to AB 119, the City agrees to provide no less than 10-days’ notice in advance of any new employee orientations and provide the Association mandatory access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means.
Access shall be determined by the Association, which could mean representational attendance or correspondence.
5.6.3 The City retains the exclusive right to have one meeting for the purposes of this section in cases where multiple employees have been hired.
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7 5.7Representational Information.
5.7.1 The City shall provide the Association with the following information: The City agrees, pursuant to AB 119, to provide the Association with the name, job title, department, work location, and work telephone number of newly hired employees within 30-days of the date of hire. The City also agrees to provide the Association with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses and home address of all bargaining unit employees every 120 days.
5.7.2 For new hires, the information covered by this section shall be provided to Association within three (3) workdays of a new employee’s start date.
Section 6. CITY MANAGEMENT RIGHTS
6.1Management Rights. The City reserves, retains, and is vested with all rights to manage the City. The constitutional, statutory, or inherent rights, powers, authority, and functions shall remain exclusively vested with the City pursuant to Government Code Section 3500 et seq. These rights include but are not limited to the following:
6.1.1 Manage the City.
6.1.2 Determine the necessity, organization, and standards to implement any service or activity conducted by the City.
6.1.3 Recruit, select, hire, evaluate, promote, and discipline.
6.1.4 Determine and/or change the City facilities, methods, technology, equipment, and apparatus.
6.1.5 Determine and/or change the size and composition of the City work force and assign work to employees.
6.1.6 Determine the issues of public policy and the overall mission of the City.
6.1.7 Maintain order and efficiency in City facilities and operations.
6.1.8 Establish and promulgate and/or modify rules and regulations, policies and procedures related to safety and health in the City, and to require compliance therewith.
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8 6.1.9 In the case of an emergency (act of God, war, or riot), suspend the provisions of this Agreement.
6.1.10 All rights, powers, authority, and functions of management, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City.
Section 7. AMENDMENTS TO PERSONNEL RULES AND
REGULATIONS
7.1Amendments. It is understood and agreed that there exists within the City, in written form, Personnel Rules and Regulations. Except as specifically modified by this MOU, these Rules and Regulations, and any subsequent amendments thereto, shall be in full force and effect during the term of this MOU. Before any new or subsequent amendments to the City’s Personnel Rules and Regulations directly affecting wages, hours, and terms and conditions of employment are implemented, the City shall meet and confer with Association regarding the changes in accordance with Government Code section 3500, et seq. Nothing provided herein shall prevent the City from implementing new or modified Personnel Rules and Regulations during the term of MOU, provided it has met and conferred with Association as required by law.
7.2Electronic Posting. The City’s Personnel Rules and Regulations are posted on the Human Resources link on the City of Menifee webpage. These Personnel Rules and Regulations address the following general categories which are not covered in the MOU: Personnel system, Classification plan and selection process, appointments, changes to positions, general employment matters, donated leave for catastrophic illness or injury, and workers compensation.
Section 8. PEACEFUL PERFORMANCE OF CITY SERVICES
8.1No Strikes or Concerted Activities. For the life of the MOU, the Association, its officers, and/or members agree that they will not cause, condone, or participate in any concerted activity which affects the performance of their assigned duties and responsibilities. This shall include the withholding of services or other interference with City operations, including compliance with the request of other employees and/or labor organizations to engage in said activities.
8.2Violations. The City may take whatever action is deemed appropriate provided it does not violate any employee’s rights under applicable statutes.
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9 8.3Prompt Disavowal by Association. In the event of any concerted activity, the President or authorized representative of the Association shall, as soon as practicable, publicly disavow any such conduct and request the employee(s) to return to work and attempt to bring about prompt resumption of normal City operations. The Association shall notify the City shortly thereafter as to the measures taken to comply with these provisions.
Section 9. SALARIES AND COMPENSATION
9.1Class and Compensation Study. RESERVED
9.2Starting Rate of Pay upon Appointment. Step 1 is the normal starting rate of pay. An employee shall serve one year in a step prior to eligibility for advancement to the next step. In exceptional circumstances, a new employee may be appointed at a higher step, in which case the employee must serve one year before becoming eligible for a step advancement.
9.3Compensation
9.3.1 Effective July 1, 2024, all employees in unit represented by the Association shall receive a compensation base salary increase of four percent (4%).
9.3.2 Effective July 1, 2025, all employees in unit represented by the Association shall receive a compensation base salary increase of four percent (4%).
9.3.3 Effective July 1, 2026, all employees in unit represented by the Association shall receive a compensation base salary increase of four percent (4%).
9.4Overtime
9.4.1 As a matter of general policy, the City does not permit employees to work overtime unless there are exceptional circumstances. The City generally will provide adequate staff to handle normal operations as needed.
9.4.2 All overtime work must have the approval of the appropriate Supervisor prior to actual performance of the work. Failure to obtain such approval in advance shall be justification for discipline. The employee will be paid for all overtime hours worked regardless of disciplinary actions.
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10 9.4.3 All non-exempt employees shall be compensated at one and one-half times their regular rate of pay for all hours worked beyond 40 hours in a regular work week as overtime hours either as paid overtime or compensatory time off (CTO). Employees will be compensated for time over forty (40) hours at time and one-half even when the basic forty (40) hours includes holiday time, vacation time, sick time and jury-duty time during which the employee has not actually worked.
9.4.4 The employee has the option of either receiving paid overtime or CTO at their election. No more than one-hundred sixty (160) hours of CTO may be accrued.
9.4.5 Overtime hours may include work performed outside of normal work hours performing but not limited to: responding to City business using personal or City provided cell phones, desk phones, tablets, laptops, desktop computers and iPads for conducting City business. Employees regular time off spent volunteering for City events and/or responding to city e-mail is also considered time worked and subject to the overtime compensation rules.
Meal periods are not included as work time for non-field staff.
9.4.6 If a non-exempt member is promoted to a FLSA exempt position, no further overtime or compensatory time off (CTO) can accrue. At the time of appointment, such an employee shall be paid for all accrued and unused CTO at the current regular rate of pay.
9.5Bilingual Pay
9.5.1 The City has established a bilingual program. Qualifying employees shall be paid One Hundred Seventy-Five Dollars ($175) per month if they are bilingual.
9.5.2 Bilingual applicants must pass a standardized language test (pass/no pass) to be administered by a testing agency selected by the City.
Languages other than Spanish may be recognized for bilingual pay with demonstrated operational need approved by the City’s Human Resources Department and the Chief of Police. Following an employee’s initial language skill certification by the City, recertification will not be required.
9.5.3 To qualify for bilingual pay, the employee must routinely and consistently be assigned to positions and duties requiring communication skills in Spanish or another language, as determined by the City’s Human Resources Department and Chief of Police. Bilingual pay for languages other than Menifee MMPEA
11 Spanish shall be re-authorized annually by the Chief of Police based upon operational need.
9.5.4 The parties agree that the bilingual pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible and meeting all applicable criteria, pursuant to Title 2 CCR section 571. Bilingual Pay is also considered pensionable compensation and shall be reported as such to CalPERS, to the extent legally permissible and meeting all applicable criteria, pursuant to Title 2 CCR section 571.1.
9.6Uniform Allowance. The annual uniform allowance shall be One Thousand Two Hundred Dollars ($1,200) per year to be disbursed to employee in July of each fiscal year. To be eligible, a bargaining unit employee must be required to wear a uniform as a regular part of the employee’s daily duties as determined by the City’s Director of Human Resources and the Chief of Police.
9.7Cell Phones. City shall maintain its current practice of providing a City-issued cell phone to those employees who require a cell phone to perform their normal duties.
9.8Life Insurance. City will provide, at its expense, term life insurance in the amount of Seventy-Five Thousand Dollars ($75,000) for full-time employees in the bargaining unit.
9.9Health Insurance
9.9.1 The City provides a monthly allocation of One Thousand Five Hundred dollars ($1,500.00) for employee only, which may be applied towards the cost of any benefit made available by the City at the option of the employee.
9.9.2 The City provides a monthly allocation to One Thousand Eight Hundred Fifty dollars ($1,850) for employee + 1 and One Thousand Nine Hundred Fifty dollars ($1,950) for employee + family.
9.9.2.1 Effective January 1, 2025, the monthly allocation for employee + family shall be increased to Two Thousand One Hundred dollars ($2,100).
9.9.2.2 Effective January 1, 2026, the monthly allocation for employee + family shall be increased to Two Thousand Two Hundred Fifty dollars ($2,250).
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12 9.9.2.3 Effective January 1, 2027, the monthly allocation for employee + family shall be increased to Two Thousand Four Hundred dollars ($2,400).
9.9.3 Medical insurance is available through CalPERS for the employee and eligible dependents. Dental and vision insurance is available for employee and eligible dependents.
9.9.4 Employees who opt-out of health insurance by providing proof of other coverage shall receive $14,400 yearly or $1,200 monthly to be converted into a 457 deferred compensation plan. Further information and application forms are available through the City’s Human Resources Department.
9.9.5 Employees who receive medical benefits as indicated in this section above may receive their unused cafeteria flexible benefit allowance to be taken as a contribution to the employee’s 457 deferred compensation plan.
9.9.6 The amount of deferred compensation shall not be considered as compensation or part of an employee’s regular rate of pay for any other purpose, including but not limited to, calculating overtime or calculating CalPERS contributions or benefits.
9.9.7 All City contribution amounts for medical insurance include the Minimum Employee Contribution (MEC) required under the Public Employees’ Medical and Hospital Care Act (PEMHCA), as it is set by and modified by CalPERS.
The City’s contribution for PEMHCA purposes is the MEC.
9.10Retirement. Employees are covered by the California Public Employees Retirement System (CalPERS). The formula used is two percent (2%) at 62 for “New Members” and two and seven-tenths percent (2.7%) at 55 for “Classic Members.” The City pays the employer portion of CalPERS. New Members pay 50% of normal cost. Classic Members pay their full employee share.
9.11Deferred Compensation. The City offers a 457 Deferred Compensation Program through Mission Square. Each employee may defer up to the maximum allowed by the IRS. Contact the City’s Human Resources Department for more information and forms.
9.12Flexible Spending Account/Dependent Care. The City offers a flexible spending account which allows employees to set aside pre-tax dollars to pay for eligible health insurance premiums, healthcare expenses, and/or childcare.
Contact the City’s Human Resources Department for more information and forms.
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13 9.13Education Reimbursement. Employees may request and be reimbursed up to Four Thousand dollars ($4,000) per fiscal year for expenses incurred for tuition, books, and fees for college- level or job-related courses or degree curricula upon prior approval of the City Manager. Contact the City’s Human Resources Department for more information and forms.
9.14Court Assignment Pay.
9.14.1 The City shall pay a minimum of four (4) hours at the rate of time and one-half of the employee’s regular rate of pay for authorized time spent on court assignments, including court appearances as well as being placed "on call" for such appearances, outside the scheduled work shift and an additional two (2) hours of pay if on standby in the p.m.
9.14.2 Payment for Court Assignments shall begin one-half hour before the indicated subpoena time. This one-half hour shall be considered "prep time" which shall include travel to the court and obtaining necessary evidence and reports.
9.14.3 Court Assignment shall include payment for lunch breaks as directed by the Court.
9.14.4 Court Assignment shall include time spent returning to the Menifee Police Department not to exceed one (1) hour.
9.14.5 If a represented employee returns directly to their residence from Court the Court Assignment pay shall cease when the employee leaves the Court. If the employee must return evidence to the Menifee Police Department, court assignment will end upon return to the Menifee Police Department.
9.14.6 Eligibility for court minimum compensation under this MOU shall require the represented employee to exercise a good faith and timely effort to check the status of their subpoenaed case to ensure their appearance is still required. This may be accomplished by checking case status via the Riverside County Court website at http://www.riverside.courts.ca.gov/. "Good faith and timely" is defined as occurring after 5:00 pm the court day prior to the subpoenaed appearance date (excluding court holidays.)
9.15On-Call Pay. Employees required to remain in an on-call status shall receive one hour of pay for every working day and two hours of pay for every regular scheduled day off at the employees’ regular rate of pay. This provision Menifee MMPEA
14 refers to one Crime Scene/Property and Evidence Specialists per week, Property Room Technician, or one Investigative Specialist if assigned to acting Crime Scene/Property and Evidence Specialist for coverage purposes, and a Community Service Officer II authorized by the traffic unit for traffic incidents.
The employee may elect to receive either on-call pay or compensatory time off.
9.16Educational Incentive Pay.
9.16.1 Employees who qualify by attaining appropriate educational or professional qualifications applicable to their field of work and not specifically required for their position shall be paid a sum in addition to their base pay in the following amounts (not compounded):
•Bachelors’ Degree 4%; or
•Master’s Degree 6%
9.16.2 The parties agree that Educational Incentive Pay is special compensation and shall be reported as such to CalPERS, to the extent legally permissible and meeting all applicable criteria, pursuant to Title 2 CCR, Section 571.1(b)(2). Educational Incentive Pay is also considered pensionable compensation and shall be reported as such to CalPERS, to the extent legally permissible and meeting all applicable criteria, pursuant to Title 2 CCR section 571.1.
9.17Field Training Officer Pay
9.17.1 Any unit employee appointed to train another employee and the Field Training position, who has been through and successfully passed/completed a P.O.S.T. approved FTO or other certification course, to train another unit member will be compensated an additional five percent (5%) for each hour in which they are assigned a trainee. The 5% assignment pay shall be calculated on base salary.
9.17.2 The parties agree that the Special Assignment Pay for the above assignments is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571.1(b)(3).
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15 9.18Longevity Pay
9.18.1 Effective July 1, 2024, the City will pay longevity pay as follows (compounding):
•Addition to base pay of 3% for 10 to 14 years with the City. •Addition to base pay of 4% for 15 to 19 years with the City. •Addition to base pay of 5% for each year after 20+ years with the City.
•Not to exceed a cumulative 12% of base pay annually after 20 years of service.
9.18.2 Longevity payments shall be paid each pay period and not as a lump sum.
Section 10. CHANGES TO POSITIONS
10.1Transfers. After notice to the Human Resources Department and approval by the City Manager, an employee may be transferred to another department by their Chief of Police and/or Department Director(s) at any time and for any reason, from one position to another position in the same or comparable classification, and without loss of compensation. Employees who desire a transfer may submit a request for transfer to the Chief of Police for consideration. The Chief of Police may deny the transfer request at their sole discretion. Employees may also submit a request to the Human Resources Department for consideration to transfer into an open vacant position of the same classification in another department.
10.1.1 If an employee voluntarily transfers to another position in the same or comparable classification and is not successful in that position, the employee may return to their former position if it remains vacant and the supervisor is agreeable.
10.1.2 The employee’s salary evaluation date shall remain the same as it was before the transfer.
10.2Reclassification of City’s Personnel Rules and Regulations
10.2.1 Should the Human Resources Department determine through a position review, that the job duties of a position in the competitive service have materially changed, the Human Resources Department, upon City Manager approval, may reassign the position to another classification.
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16 10.2.2 An employee may be reclassified without competitive exam if the Human Resources Department determines that the employee has met the minimum qualifications of the new classification and has performed the duties of the reclassified position for a minimum period of six (6) months.
Reclassification shall not be used for the purpose of avoiding competitive selection processes.
10.2.3 The employee shall serve a probationary period of six (6) months.
10.2.4 The employee’s salary evaluation date shall change as a result of the reclassification.
10.2.5 The City shall notify the Association of any proposed reclassification and allow reasonable opportunity for the Association to elect to meet and confer regarding the proposed changes in accordance with Government Code section 3500, et seq.
10.3Demotions
10.3.1 An employee may be demoted for cause pursuant to the Disciplinary Action policy, or for organizational reasons, pursuant to the Layoffs policy in Section 10.4.
10.3.2 A demoted employee shall be required to serve a probationary period in the lower classification unless the lower classification is in the same job series or the employee completed probation in the lower classification. In the event the demoted employee does not pass probation, the employee will be terminated from employment.
10.3.3 The effective date of a demotion shall establish a new salary evaluation date.
10.4Lay-Offs
10.4.1 Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, it may initiate lay-offs.
City shall notify Association of its intention and provide Association with an opportunity to negotiate the effects of a lay-off in accordance with the MMBA.
10.4.2 In determining the order of lay-offs, a combination of factors shall be considered, including but not limited to: seniority with the City; if seniority is the same, than other factors shall be considered, including: productivity; Menifee MMPEA
17 general performance; and the needs of the City. Variations from the order of lay-offs and recall from lay-off may occur when the City deems such variations appropriate under the circumstances. Before the commencement of any layoff of a regular full-time employee, the City will endeavor to review the contracts and consultants in a same or similar role to determine, based on the needs of the City, if reductions can be made to contractors or consultants first.
10.4.3 The factors the City, in its sole discretion, may use to determine the order of lay-offs include, but are not limited to, the following:
10.4.3.1 Probationary and temporary employees shall be laid off before regular employees in the same classification; and
10.4.3.2 Between two regular appointees in the same classification, the employee with lesser seniority shall be laid off first. If equal seniority exists between two employees in the same classification, then performance evaluation scores will determine the order of employee lay off.
10.5Bumping
10.5.1 “Bumping” means the displacement of an employee from their position by an employee in a higher classification who formerly held and passed probation in the same position, or a position in the same job family, and has been subject to a lay off.
10.5.2 A laid-off employee shall be entitled to bump an employee in the same position previously held by the laid-off employee, or a position in the same job family, in accordance with the criteria specified in this Bumping Rule. The laid off employee must be able to perform the essential job functions of the former position, with or without accommodation, and possess the minimum qualifications of the position, as specified by the job classification specification.
10.5.3 The City will notify laid-off employees of any positions available for bumping. Following receipt of such notification, and within three (3) calendar days of receipt of such notification, the employee must notify the Human Resources Department in writing of their intent to exercise their bumping rights, and the position and classification into which he/she intends to bump.
Failure to provide such notification will be deemed a waiver of bumping rights by the employee.
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18 10.5.4 Where there is more than one laid-off employee entitled to bump an employee in the same position held by the laid-off employees, or a position in the same job family, factors in paragraph 1 of this Bumping Rule shall control the order of priority in which the laid-off employees may exercise their bumping rights.
10.5.5 Any displaced employee shall be considered as laid-off for the same reason as the person who displaced them, and shall in the same manner, be eligible to displace, or “bump”, another employee based on the criteria specified in paragraph 2 of this Rule.
10.6Reinstatement From Lay-Off. Following lay-off from City employment, laid-off employees may be reinstated to employment with the City upon the recommendation of the Chief of Police and with the approval of the Human Resources Department, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to the Reinstatement policy in Section 10.8 of MOU.
10.7Separations
10.7.1 All employees who separate from City service, that is, whose employment with the City terminates through separation for cause, layoff, resignation, or retirement, must: return promptly all City property to the Human Resources Department or their immediate supervisor and make arrangements to repay any existing financial obligations owed to the City.
10.7.2 In addition, employees who resign or retire must also adhere to the following procedures before they will be deemed to have separated in good standing:
10.7.2.1 Submit a written notification stating their intent to resign or retire, and the proposed effective date of separation to their immediate supervisor.
10.7.2.2 If at all possible, provide the City with a minimum two weeks advance notice of separation. The City encourages employees who become aware of their pending separation from the City to let the Human Resources Department know as far in advance as possible.
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19 10.8Reinstatement
10.8.1 At the recommendation of the Chief of Police, and with the approval of the Human Resources Department, employees who (1) resigned, retired, or were laid-off and (2) were in good standing at the time of termination of their employment, may be reinstated to their former position, if vacant, or to a vacant position in the same classification within twelve (12) months of their resignation, retirement or lay-off, without being subject to the application and conditional appointment requirements of the City’s Personnel Rules and Regulations.
10.8.2 A reinstated employee shall serve a probationary period as defined in these Rules and Regulations, unless otherwise approved by the City Manager. If reinstated, credit may be granted for prior service in terms of benefit accrual rates and seniority, at the discretion of the Human Resources Department and in consultations with the Chief of Police; provided, however, that Employees reinstated following layoffs shall receive credit for prior service to the City.
Section 11. GENERAL EMPLOYMENT MATTERS
11.1Hours of Work
11.1.1 Daily hours of work (or shifts) for employees within departments shall be assigned by the Chief of Police as required to meet the City’s operational requirements. Full-time employment of employees represented in this Association is defined as (40) forty hours per week, unless otherwise agreed to by City Manager; work week will be from 12:00 a.m. Saturday through 11:59 p.m. the following Friday.
11.1.2 Any foreseeable absence or deviation from regular working hours desired by an employee shall be cleared in advance through the employee’s supervisor, and such absences shall be noted on the employee’s time sheet.
11.1.3 Work week is defined as a seven day period from 12:00 a.m.
Saturday through 11:59 p.m. the following Friday.
11.2Minimum Notice for Shift/Schedule Change. The Chief of Police or their designee has the right to change an employee’s schedule with fourteen (14) days’ written notice, unless an emergency exists that requires a schedule change. An emergency shall be defined as a circumstance requiring immediate action, a sudden unexpected happening, or an unforeseen occurrence or Menifee MMPEA
20 condition. It shall not include staffing shortages caused by common occurrences, such as an employee calling in sick, staff reductions due to preplanned leaves or holiday staffing. Non-emergency schedule changes with less than fourteen (14) days’ notice shall result in overtime compensation for the first full shift of the changed schedule. Non-emergency temporary work hour adjustments with less than seven (7) days’ notice, shall result in overtime compensation for the additional hours worked in excess of the employees normally scheduled work hours. Nothing is meant to prohibit a schedule change or temporary work hour adjustment as a result of a mutual agreement between the employee and the Chief of Police or the employee’s immediate supervisor.
11.3Meals and Break Periods. The employees will be identified as field and non-field personnel. Community Engagement Specialist, Community Services Officers I/II, Crime Scene/Property & Evidence Specialists, Investigative Specialists I/II and Property Room Technicians will be identified as field personnel, and Police Records Technicians, Senior Police Records Technician, and Administrative Assistant will be considered non-field personnel. When the Department is running per the Established Schedule, an employee workday should consist of either a ten (10) hour work period or a 9/80 work period which includes two (2) fifteen (15) minute rest periods. Field personnel shall be granted a thirty (30) minute meal period which is included within their ten (10) hour compensated workday. Field personnel shall be required to remain on call within the City during the fifteen (15) minute rest periods and thirty (30) minute meal period. Non-field personnel shall be granted a thirty (30) minute duty free non- compensated meal period. The City shall make all reasonable efforts to ensure that employees covered under this Agreement shall have time available for the rest and meal breaks, In the event that the Department is unable to ensure that the rest periods or meal periods are provided for field personnel, no additional compensation shall be paid.
11.4Exchange of Days Off or Shifts Between Employees.
11.4.1 The City shall allow employees of the same classification to exchange days off or shifts under the following conditions:
11.4.1.1 Both parties involved in the exchange must be willing to voluntarily make the exchange and must have approval from their immediate supervisor(s);
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21 11.4.1.2 Requests for exchange of days off or shifts shall normally be made in writing at least five (5) days in advance of the day of exchange, unless otherwise approved; and
11.4.1.3 No request for exchange of days off or shifts shall be granted if it would result in either of the employees involved receiving overtime pay.
11.5Shift Rotations
11.5.1 The Chief of Police shall determine in response to the needs of the Department and in a manner consistent with this MOU, the length of time during which employees are assigned to any particular shift (a “Shift Term”) and the specification of employees not subject to Shift rotation (“Shift Rotation Exemptions”).
11.5.2 Selection of Shifts by Seniority
11.5.2.1 The Department shall use best efforts to permit all employees to select their respective shifts according to seniority based upon classification and staffing levels. The Department will not permit employee selection of shifts to interfere with the Department fulfilling its responsibility to insure balanced and professional staffing through all shifts.
11.5.3 Shift Selection
11.5.3.1 Employees assigned to patrol duties may select shifts based upon seniority. Said selection shall occur at a minimum of 60 days prior to the change of schedule and shall consist of two (2) six-month rotations for the year, unless an emergency exists that requires a schedule change. An emergency shall be defined as a circumstance requiring immediate action, a sudden unexpected happening, or an unforeseen occurrence or condition. It shall not include staffing shortages caused by common occurrences, such as an employee calling in sick, staff reductions due to preplanned leaves or holidays. An employee may only remain on the same team, or shift, two (2) consecutive rotations, before they will be required to choose a new team, or shift.
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22 11.6Nursing Mothers. The City will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for her infant child. The City shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private.
11.7Donning and Doffing for Uniformed Members
11.7.1 The time spent donning and doffing authorized equipment shall be compensated at the member’s straight time rate or at an overtime rate when such time constitutes overtime under current City overtime practices.
11.7.2 A member shall report to briefing at their regularly scheduled start time in their required uniform of the day. The member will then be afforded up to fifteen (15) minutes to load their assigned vehicle with their equipment.
After the fifteen (15) minutes for donning, the member will report back for formal briefing prior to going out on patrol. In the event of an emergency call or call requiring immediate assistance, the member will forgo their donning time and be afforded that time as soon as practical.
11.7.3 A member shall have up to the last fifteen (15) minutes at the end of each shift, including special assignments, to unload their equipment from their assigned vehicle. If a member takes less than fifteen (15) minutes to doff the authorized uniform and equipment, after having worked a regular scheduled shift the member shall be required to remain in the workplace available for assignment until the expiration of the regular scheduled shift. If a member takes less than fifteen (15) minutes to doff the authorized equipment, after having worked an unscheduled shift, the Association member’s shift will end at that time and they shall record the ending time. Members will be required to record the following information:
11.7.3.1 Actual hours worked for each regular scheduled shift.
11.7.3.2 All actual time taken as paid leave.
11.7.3.3 Any additional time during which work is performed, including work performed outside the regular scheduled shift.
11.7.3.4 To ensure the accuracy of time records, each member to the best of their knowledge will sign a statement attesting that the time and hours recorded are accurate and fully identify all time worked during the pay Menifee MMPEA
23 period, including all time for donning and doffing of authorized uniforms and equipment.
11.8Timekeeping. All employees must accurately record all hours worked and any leave taken on their timesheets. Employees must submit their timesheets on a bi-weekly basis to their supervisor. Employees must immediately report any errors on a timesheet that has already been submitted to their supervisor.
11.9Attendance. Employees are expected to report to work as scheduled, on time, and prepared to start work. Unauthorized tardiness and absences cause disruptions in coverage of work assignments and City operations. Employees are also expected to remain at work for their entire scheduled shift, except when required to leave on authorized City business or some other authorized leave. All departments shall keep daily attendance records of employees, which shall be reported to the Finance Department on the employee’s timesheet.
11.9.1 Employees must notify their supervisor of any unauthorized or unscheduled absence or tardiness within 15 minutes of their scheduled start time. When possible, an employee shall give 1-hour advanced notice when calling off work to allow for planning of coverage, but no later than the employee's start time unless incapacitated and/or incapable.
11.9.2 An employee shall abandon employment when the employee does not report to work as scheduled for three consecutive workdays without notice, otherwise known as no-call/no-show, at which time it will be considered job abandonment unless extreme circumstances occur and termination process shall occur at the end of the third business day.
11.10Employee Performance Evaluation
11.10.1 A report of performance of each employee shall be made by the respective Chief of Police or designee after completion of a one-year probationary period and annually thereafter. Unless changed in accordance with City’s Personnel Rules and Regulations, these evaluation dates shall constitute the employee’s salary evaluation date for purposes of eligibility for a merit salary increase. Employees completing a six-month probationary period for a reclassification must also be evaluated; however, their salary evaluation date for purposes of eligibility for a merit salary increase shall not change from their reclassification effective date. Employees shall continue to receive performance evaluations on their salary evaluation date even after the employee has reached the top of the applicable salary range. In addition, a Menifee MMPEA
24 performance evaluation may be prepared at any other time at the discretion of the employee’s supervisor.
11.10.2 Each performance evaluation shall be discussed with the employee. The performance evaluation will address areas of successful performance and areas that need improvement. The employee will have the opportunity to comment regarding work performance, either in a written statement attached to the report or orally. The employee shall sign the performance report to acknowledge that the employee is aware of its contents and has discussed the report with the evaluator. The employee’s signature does not necessarily indicate agreement with the contents of the report. In the event that an employee refuses to sign the evaluation following their review of the evaluation, such refusal will be so noted by the evaluator on the evaluation form.
11.10.3 The employee will receive a copy of the performance evaluation, and the original, along with any written comments submitted by the employee, will be in the employee’s personnel file.
11.10.4 Merit increases are based solely upon job performance; they are not automatic; and there is no annual entitlement to them. Employees are eligible for a merit increase each year based upon the evaluation of their performance through Step 6, at which time they reach the top of their range.
In order to receive a merit increase, at minimum an employee must receive at least a rating of “meets expectation” or above. Any such increase will be applied retroactively to the employee’s recent salary anniversary date.
11.11Computer Loan Program
11.11.1 Every non-probationary member shall be entitled to participate in an interest free loan program for the purchase of a computer and related equipment (software, printer, etc.; not to include supplies).
11.11.2 The maximum amount of any individual loan shall be no greater than $2,500.00 including tax.
11.11.3 The repayment period is not to exceed two (2) years and shall be calculated by dividing the total cost by up to 52 pay periods, with a payroll deduction from each paycheck until fully repaid.
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25 11.11.4 If member separates employment from the City prior to full repayment, the total amount due shall be deducted from the member’s final paycheck.
11.11.5 The cumulative amount of loans outstanding hereunder shall not exceed $250,000. The loan shall be upon the terms and conditions established by the City.
11.12Employee Wellness Program
11.12.1 The program shall include: a.) Employee Wellness Day – 1 paid day of leave available July 1st to be used during the fiscal year, which cannot be carried forward to the next fiscal year;
11.12.2 The program may include: a.) Healthy programs/classes available at the City; b.) Employee membership discounts to participating local fitness gyms/programs, if available; c.) Annual fitness test and health screening; and d) Availability to one (1) hour of exercise during regular working hours unless workload does not permit time, as determined by supervision.
Section 12. PAYROLL ADJUSTMENTS
12.1.1 In situations involving overpayment to an employee by the City, said employee shall be obliged to repay by payroll recovery the amount of overpayment within the time frame the overpayment was received by the employee.
12.1.2 In the event an overpayment totals twenty-five dollars ($25) or less, the overpayment shall be recovered in one pay period. The Human Resources Department or Payroll shall provide documentation showing the calculations of the overpayment to the employee. A meeting may be requested by the employee with Payroll to review the documentation and recovery schedule. Extensions to the period for repayment of the overage may be requested by the employee or at an employee’s request by a representative of their choice.
12.2 Extensions shall be approved only in the case of extreme hardship, and the extended period for repayment will not be longer than one and one-half times as long as the overpayment period. If the employee leaves employment prior to repayment of the overage, the City shall recover the amount owed from the employee’s final pay. If the amount owed is greater than the employee’s final pay, the City shall initiate the collections process against the employee.
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26 12.3 In situations involving underpayment to an employee by the City, the employee shall receive the balance due within the next pay period for which the adjustment can be made, following timely submission of appropriate documentation to Payroll, including necessary approval of the appointing authority and the City Manager.
12.4 In those situations where the employee has been underpaid by seven and one-half percent (7-1/2%) or more of their base pay in the immediately preceding pay period, through no fault of their own, the employee may request an on- demand payment to correct the error. Payroll shall complete the request for on- demand pay and forward it and any necessary approval of the appointing authority to the City within one (1) working day of receipt of the employee’s request. The City shall pay the employee the amount due within two (2) working days of receipt of the request for the on-demand payment from the department for a prior pay period. For this Section, base pay shall be determined by multiplying the employee’s base rate of pay by the number or hours in their usual work schedule.
12.5 The Director of Human Resources or designee must authorize payroll adjustments to correct any payroll error or omission for instances arising more than thirteen (13) pay periods prior to the request for payroll adjustment.
Section 13. LEAVE OF ABSENCE
13.1Eligibility for Paid Leave of Absence. In order to be eligible for City payment of the paid leave of absence outlined herein or subsequently granted by the City Manager, an employee must be a full-time employee and either a regular appointee or a probationary appointee.
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27 13.2Vacation
13.2.1.1Rate of Accrual. Every full-time probationary and regular employee shall earn vacation as follows:
Years Hours Bi-Weekly
Accrual
0-3 80 3.08
4 120 4.62
5 160 6.15
10+ 200 7.69
13.2.1.2 Vacation accrues bi-weekly on a pro rata basis.
13.2.1.3 Employees may freeze up to 80 hours of vacation during medical leave of absence.
13.2.2 Scheduling Vacations. An employee may take vacation leave at any time, subject to approval by the Chief of Police or their designee.
Approvals will be based upon workload, staffing coverage, seniority, timing of the request, and any other work-related factors appropriate for consideration by the Chief of Police. At no time will Sick leave be used to extend vacation time off.
13.2.3 Vacation Pay Upon Separation. Any employee terminating from the City service will be paid at their hourly rate of pay for all earned vacation, if any, accrued up through termination.
13.2.4 Vacation Leave Limits and Cash-Out
13.2.4.1Maximum Accumulation of Vacation Leave
13.2.4.1.1 As of July 1st of each year, an employee shall have no more than a maximum of four hundred forty (440) hours of accrued and unused Vacation Leave. Any excess hours above four hundred forty (440) hours will be automatically cashed out by the City at the employee’s base rate of pay as of June 30 of that year. Payment shall be made no later than July 31st.
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28 13.2.4.2Vacation Leave Usage
13.2.4.2.1 Employees must use at least (40) hours of Vacation Leave during each fiscal year.
13.2.4.2.2 The Chief of Police is responsible for arranging leave schedules so that adequate personnel are available to carry on necessary City work.
13.2.4.2.3 When practicable, employees should be permitted to schedule Vacation Leave at times most acceptable to the employee. In large departments the choice of vacation times should be arranged according to seniority or some other equitable method.
13.3Pay In Lieu of Vacation Leave (Cash-Out). Employees who elect Vacation Leave cash-out shall have the payment calculated at the employee’s base rate of pay as of the date of the cash-out request.
13.4Cash-Out Guidelines
13.4.1 During each fiscal year (July 1 thru June 30), but no later than June 15, an employee may request that the City cash-out accrued and unused Vacation Leave from the employee’s account according to the following schedule:
Annual Leave Used During
Preceding 12 Months
Maximum Cash-Out
40 Hours 120 Hours
60 Hours 140 Hours
80 Hours 160 Hours
13.4.2 The employee must have sufficient hours of earned and unused Vacation Leave credits.
13.4.2.1 After the cash-out, there must be a minimum of eighty (80) hours of earned and unused Vacation Leave credits remaining in the employee’s account.
13.5Vacation Leave — Separation from the City. Employees separating from the City service shall receive payment for one hundred percent (100%) of their accrued and unused Vacation Leave at their current hourly rate.
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29 13.6Holidays. Every full-time probationary and regular employee shall be entitled to the following paid holidays each calendar year and such other days as may be designated by action or the City Council. A Holiday for pay or accrual purposes is the actual hours regularly scheduled to be worked on that Holiday. If the holiday falls on Saturday, Friday shall be designated as the holiday, and if the holiday falls on Sunday, Monday shall be designated as the holiday.
13.6.1 January 1 (New Year’s Day)
13.6.2 The third Monday in January (Martin Luther King)
13.6.3 The third Monday in February (President’s Day)
13.6.4 The last Monday in May (Memorial Day)
13.6.5 July 4th (Independence Day)
13.6.6 The first Monday in September (Labor Day)
13.6.7 November 11 (Veteran’s Day)
13.6.8 Thanksgiving Day
13.6.9 The Friday after Thanksgiving Day
13.6.10 Winter Break
13.6.10.1 Year 1 (2024)
13.6.10.1.1 December 24 (Christmas Eve)
13.6.10.1.2 December 25 (Christmas Day)
13.6.10.1.3 December 26
13.6.10.1.4 December 27
13.6.10.1.5 December 30
13.6.10.1.6 December 31 (New Year’s Eve)
13.6.10.2 Year 2 (2025)
13.6.10.2.1 December 24 (Christmas Eve)
13.6.10.2.2 December 25 (Christmas Day)
13.6.10.2.3 December 26
13.6.10.2.4 December 29
13.6.10.2.5 December 30
13.6.10.2.6 December 31 (New Year’s Eve)
13.6.10.3 Year 3 (2026)
13.6.10.3.1 December 24 (Christmas Eve)
13.6.10.3.2 December 25 (Christmas Day)
13.6.10.3.3 December 28
13.6.10.3.4 December 29
13.6.10.3.5 December 30
13.6.10.3.6 December 31 (New Year’s Eve)
13.6.11 Floating Holiday (determined by employee)
13.6.12 Wellness Day (determined by employee)
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30 13.7Holiday Pay Options
13.7.1 Employees required to work holidays will receive a bank of holiday hours commensurate with the employee’s regular shift during the first full pay period following July 1. Bank hours will be prorated for any holiday hours received prior to the adoption of this agreement.
For example:
▪An employee working a Monday-Thursday 4/10 schedule will receive a bank of 150 hours.
▪An employee working a Monday-Friday 9/80 schedule will receive a bank of 133 hours in fiscal year 2024/2025. This includes 9 hours for each holiday that falls on a Monday, Tuesday, Wednesday, or Thursday and 8 hours for each holiday that falls on a Friday.
13.7.1.1 Employees who receive a bank of holiday hours will be required to schedule a period of 40 holiday leave hours during the fiscal year between July 1 and June 30.
13.7.1.2 A maximum of 80 hours of holiday leave hours may be cashed out on the last pay period of the fiscal year. Any remaining hours in the employee’s holiday bank exceeding 80 hours shall be lost with no compensation.
13.7.1.3 If an employee is reassigned to a position which no longer requires the employee to work holidays, they will only be compensated for actual earned holidays and the remaining hours will be eliminated from employee’s holiday bank.
13.7.1.4 Employees receiving a bank of holiday hours that separate from employment during the year shall have deducted from their final paycheck an amount equal to the hours of pay for any holiday leave they have already used, but which has yet to be earned.
13.7.1.5 The holiday bank shall be prorated for employees hired after July 1 who are required to work holidays. City authorized holidays listed within this section which have already occurred will be deducted from the holiday bank allotment.
13.7.2 Employees who don’t receive the holiday bank of time and who are required to work on a holiday, or when the holiday falls on an employee’s regular day off, shall have an amount of time commensurate to their regular shift placed into their holiday bank.
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31 13.8Floating Holiday and Wellness Day. Full-time probationary and regular employees shall receive one floating holiday and one wellness day each fiscal year as granted by City Council and/or City Manager. The floating holiday and wellness day must each be used on or before June 30th of each year. Should employee not use the floating holiday or wellness day prior to June 30th the City will not cash out or carry over to the following year. The use of floating holiday and wellness day are subject to the approval of the Chief of Police. In the event of termination, employees will receive payment for unused floating holiday and wellness day hours commensurate with the employee’s regular shift, not to exceed 10 hours for each of the referenced days.
13.9Sick Leave
13.9.1 To keep the City and each department therein running smoothly and efficiently, it is important that every employee be on the job on time regularly. For this reason, careful attention is given to promptness, absence record and overall dependability.
13.9.1.1 The City recognizes, however, that an employee may occasionally be absent due to injury or illness. As a result, the Sick Leave Policy is designed to provide protection to employees against loss of income during unavoidable illness or injury.
13.9.2 Accrual of Sick Leave
13.9.2.1 All full-time probationary and regular employees are eligible to accrue four (4) hours of sick leave per pay period. There is no limit on the total amount of accrued sick leave.
13.9.2.2 An employee may not use sick leave to extend a vacation, retirement or termination date.
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32 13.9.3 Sick Leave Upon Separation
13.9.3.1 At the time of an employee's retirement from the City, employees with continuous city employment of ten (10) years or more shall be eligible to receive a payment into a qualified Retirement Health Savings plan established by the City or as allowed into a qualified Retirement Medical Trust designated by the Association of 25% of the unused sick leave in the sick leave bank at the employee's then rate of compensation. Employees with continuous city employment of fifteen (15) years or more shall be eligible to receive payment into a qualified Retirement Health Savings plan designated by the City or as allowed into a qualified Retirement Medical Trust designated by the Association for 50% of the unused sick leave in the sick leave bank. Employees with continuous city employment of twenty (20) years or more shall be eligible to receive payment into a qualified Retirement Health Savings plan established by the City or into a qualified Retirement Medical Trust designated by the Association for 75% of the unused sick leave in the sick leave bank.
13.9.3.2 Employee may opt to convert unused sick leave to retirement credit as applicable under CalPERS retirement provisions.
13.9.3.3 An employee shall not receive payment for unused accumulated sick leave upon termination of employment or retirement (either disability or service retirement) outside of what is provided for in this section (13.11.3).
13.9.4 Use of Sick Leave. To be eligible for sick pay, employees unable to report to work due to illness must notify their supervisor directly, each day of the illness, as far in advance as possible, but no later than one hour before their scheduled start time. If the supervisor is not available, the employee should contact the Human Resources Department to report their absence due to illness. If an employee is unable to personally make contact, a family member or friend should contact the supervisor or Human Resources Department. This policy must be followed unless an exception has been made for a particular absence, and a written memo to this effect has been sent to the Human Resources Department.
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33 13.9.5 Proof of Illness
13.9.5.1 If the Chief of Police has questions about an employee’s absence due to illness, they may request, at their sole discretion, that the employee produce a certificate issued by a licensed physician or licensed health care professional after 3 consecutive days off before further paid sick leave is granted.
13.9.6 Use of Sick Leave for Family
13.9.6.1 In cases of illness of a family member, an employee’s sick leave entitlement for the year can be used to attend to the illness of a spouse, domestic partner, parent, or child.
13.10Family and Medical Leave
13.10.1 In accordance with federal and state law and regulations, the City will provide family and medical leave, which is unpaid leave, to eligible employees. Unless otherwise provided by this Section, “leave” under this Section refers to leave pursuant to the Family and Medical Leave Act of 1993 (“FMLA”) and the California Family Rights Act (“CFRA”). Employees with any questions or requests for information about family and medical leave should consult the Human Resources Department.
13.10.1.1Concurrent with paid leave. The City requires an employee to utilize all accrued and unused sick leave concurrently with the use of family care and medical leave (FMLA and CFRA) which may be coordinated with State Disability Insurance (“SDI”). Employees may elect to use accrued and unused vacation concurrently, and may freeze up to 80 hours of vacation during a medical leave of absence in accordance with 13.2.1.3 above.
13.10.2 Definitions
13.10.2.1 “12-Month Period” means a rolling 12-month period measured backward from the date leave is taken. Each time an employee takes eligible leave, the remaining leave entitlement is based on the amount of family and medical leave taken during the immediate preceding 12 months.
13.10.2.2 “12 workweeks” means twelve weeks of leave based on the employee’s regular schedule. For example, if an employee works 20 hours Menifee MMPEA
34 per workweek, he or she would be eligible to take 12 weeks times 20 hours, for a total of 240 hours of family medical leave.
13.10.2.3 “Child” means a child 1) under the age of 18 years or 18 years and older who is incapable of self-care because of a mental or physical disability; 2) for whom the employee has actual day-to-day responsibility for care; and 3) for whom the employee is a parent.
13.10.2.4 “Parent” means a biological, adopted, foster, or individual who is a legal guardian.
13.10.2.5 “Spouse” means a husband or wife as defined or recognized under California State law for purposes of marriage.
13.11Eligibility. An employee is eligible for leave if the employee:
13.11.1.1 Has been employed for at least 12 months (which need not be consecutive); and
13.11.1.2 Has worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave. The Fair Labor Standards Act (FLSA) “hours worked” principles apply in determining whether an employee meets the “at least 1,250 hours” requirement.
13.11.2 Reasons for Leave
13.11.2.1 Leave may be taken for any one, or for a combination of, the following reasons;
13.11.2.2 The birth of the employee’s child or to care for the newborn child;
13.11.2.3 The placement of a child with an employee for adoption or foster care or to care for the newly placed child;
13.11.2.4 To care for the employee’s child, parent (but not in-law) or spouse with a serious health condition; and/or
13.11.2.5 The employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions of their position. “Serious health condition” means an illness, injury impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider. It includes:
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35 13.11.2.5.1Pregnancy or prenatal care;
13.11.2.5.2 Hospital Care – an inpatient stay at a hospital, hospice, or residential medical care facility; or
13.11.2.5.3 Incapacity of three or more days and medical treatment – incapacity that lasts more than three consecutive days;
13.11.2.5.4 Incapacity plus two or more treatments – treatment of two or more times by a health care provider;
13.11.2.5.5 Incapacity plus continuing treatment – at least one treatment by a health care provider that results in a regimen of continuing treatment;
13.11.2.5.6 Incapacity from a chronic condition – incapacity from a chronic serious health condition such as asthma, diabetes, or epilepsy;
13.11.2.5.7 Incapacity from a long-term condition – incapacity from a longer or permanent condition for which treatment may not be effective, such as Alzheimer’s disease; or
13.11.2.5.8 Absences for treatment- to receive or recover from multiple treatments by a health care provider, such as chemotherapy, physical therapy, or kidney dialysis.
13.11.3 Amount of Leave
13.11.3.1Bonding Leave. Eligible employees shall receive forty (40) hours of paid Bonding Leave for the birth or adoption of a child. Bonding Leave may be used within one year of the birth or adoption of a child.
13.11.3.2Total Leave Entitlement. Eligible employees are entitled to a total of 12 workweeks of leave during any rolling 12-month period for any FMLA or CFRA qualifying reason.
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36 13.11.3.3Limitations on Leave
13.11.3.3.1 Leave to care for a newborn or newly placed child must conclude within twelve (12) months after the birth or placement of the child.
13.11.3.3.2 When both parents are employed by the City, they are together entitled to a combined total of twelve (12) workweeks of FMLA/CFRA leave within the designated 12 month period for the birth, adoption or foster care placement of a child with the employees, for aftercare of the newborn or newly placed child, and to care for a parent (but not inlaw) with a serious health condition. Each spouse may be entitled to additional FMLA/CFRA leave for other FMLA/CFRA qualifying reasons (i.e., the difference between the leave taken individually for any of the above reasons and 12 workweeks, but not more than a total of 12 workweeks per person).
13.11.3.4Minimum Duration of Leave
13.11.3.4.1 Serious health condition: subject to compliance with the medical certificate requirements of this Rule, there is no minimum duration for leave associated with a serious health condition of the employee or the employee’s child, parent, or spouse.
13.11.3.4.2 Child-bonding: if leave is requested for the birth, adoption or foster care placement of a child of the employee, the minimum duration of such leave is two weeks, with the exception of up to two occasions when an employee may take leave in a smaller increment of time.
13.11.4 Intermittent or Reduced Work Schedule Leave
13.11.4.1 Intermittent leave is leave taken in separate blocks of time. A reduced work schedule leave is a leave schedule that reduces an employee’s usual number of hours per workweek or hours per workday.
13.11.4.2 An employee may request intermittent or reduced work schedule leave from their supervisor. The City will make every effort to accommodate the employee’s request consistent with business necessity.
13.11.4.3 If an employee takes leave intermittently or is on a reduced work schedule basis, he/she must, when requested, attempt to schedule the leave so as not to unduly interrupt the City’s operations. When an Menifee MMPEA
37 employee takes intermittent or reduced work schedule leave for a foreseeable planned medical treatment, the City may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave.
13.11.5 Benefits While on Leave
13.11.5.1 Compensation. Leave under this policy is unpaid after all accrued and unused vacation and sick leave is exhausted.
13.11.5.2 Accrued Leaves. While on leave, employees do not accrue vacation, sick, or other paid leave time, and their performance evaluation dates may be adjusted, to the same extent as other unpaid leaves, as provided in the Leave of Absence Without Pay, in Section 13.18 of MOU.
13.11.5.3 Health Benefits. While on leave an employees will continue to be covered by the City’s group health insurance and life insurance to the same extent that coverage is provided while the employee is on the job.
13.11.5.4 Other Benefits. Employees shall not accrue sick leave, paid holidays or vacation leave while on FMLA/CFRA leave.
13.11.6 Employee Notice of Leave
13.11.6.1 Employees must submit requests for leave in writing to the Human Resources Department. Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. If the leave is foreseeable, at least 30-day notice is required. In addition, if an employee knows that leave will be needed in the future, but does not know the exact date(s) (e.g. for the birth of a child or take care of a newborn), the employee shall inform the Human Resources Department as soon as possible that such leave will be needed. Whenever Human Resources is notified of a request of leave under this policy, Human Resources will notify the requesting employee’s Chief of Police or designee. The Human Resources Department will also notify the Chief of Police of any determination to grant or deny the request.
13.11.6.2 If the Human Resources Department determines that an employee’s notice is inadequate or the employee knew about the requested leave in advance of the request, Human Resources may delay Menifee MMPEA
38 the granting of the leave until, in their discretion, adequate coverage is found for the employee’s position.
13.11.7 Medical Certification
13.11.7.1 Employees who request leave for themselves or to care for a child, parent or a spouse must provide written certification of the eligible individual with a serious health condition.
13.11.7.1.1Timing of Certification. Medical certification should be provided with the employee’s request for leave, in accordance with the same time requirements for notice under 13.13.6. When this is not possible, the employee must provide the requested certification to the Human Resources Department within the time frame requested by the Human Resources Department, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
13.11.7.1.2Recertification. If the Human Resources Department has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding.
13.11.7.1.3Certification for Intermittent Leave or Reduced Schedule. If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule.
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39 13.11.8 Reinstatement Upon Return from Leave
13.11.8.1Right to Reinstatement. Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period.
13.11.8.2Fitness for Duty Certification. As a condition of reinstatement of an employee whose leave was due to the employee’s own health condition, which made the employee unable to perform their job, the employee must obtain and present a fitness-for-duty certification form a City approved health care provider that the employee is able to resume work. Failure to provide such certification may result in denial of reinstatement.
13.12Pregnancy Disability Leave
13.12.1 Eligibility
13.12.1.1 In accordance with federal and state law and regulations, any employee who is disabled because of pregnancy, childbirth, or a related medical condition may be entitled to pregnancy disability leave (PDL).
13.12.1.2 For employees who are also eligible for FMLA/CFRA leave, PDL is not counted as time used for CRFA leave, but does run concurrently with available FMLA leave.
13.12.2 Reasons for Leave. PDL is for any period(s) of actual disability caused by pregnancy, childbirth or related medical conditions up to four (4) months per pregnancy. PDL does not need to be taken in one continuous period of time but can be taken on an as-needed basis. Time off needed for prenatal care, severe morning sickness, doctor-ordered bed rest, childbirth, and recovery from childbirth are all covered by PDL.
13.12.3 Amount of Leave. Employees may take up to four months (or 88 workdays for a full-time employee) of PDL.
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40 13.12.4 Benefits While on Leave
13.12.4.1Benefits. PDL is unpaid. However, employees may use accrued leave as if on FMLA and will receive benefits pursuant to Family and Medical Leave up through exhaustion of the employees’ available FMLA leave.
13.12.4.2 Employees who are not eligible for FMLA leave or employees who continue taking PDL after they have exhausted their available FMLA leave, will receive benefits only to the same extent as other similarly- situated employees on leave for a disability.
13.12.4.3 Accrued leaves. While on leave, employees do not accrue vacation, sick, or other paid leave time, and their performance evaluation dates may be adjusted, to the same extend as any other unpaid leaves, as provided in Leave of Absence Without Pay, Article 13.18.
13.12.5 Substitution of Paid Accrued Leaves. Employees taking PDL may concurrently use any available sick leave. Employees may also use any accrued vacation or other accrued time off as a part of their PDL before taking the remainder of their leave as an unpaid leave.
13.12.6 Employee Notice of Leave. To the extent possible, employees requesting PDL should follow the authorization procedures for leaves of absence without pay, as provided in Leaves of Absence Without Pay, Section
13.18. 13.12.7 Medical Certification
13.12.7.1 The City may require employees requesting PDL to obtain a certification from your health care provider of your pregnancy disability.
The certification should include:
13.12.7.1.1 The date on which the disability due to the pregnancy began;
13.12.7.1.2 The probable duration of the periods of disability; and
13.12.7.1.3 A statement that, due to the disability, you are unable to work at all or to perform any one or more of the essential functions of your position without undue risk to yourself, the successful completion of your pregnancy or to another person.
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41 13.12.8 Reinstatement upon Return from Leave
13.12.8.1Reinstatement to Position. Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the PDL period.
13.12.8.2Fitness for Duty Certification. As a condition of reinstatement, the employee must obtain and present a fitness-for-duty certification from a City approved health care provider that the employee is able to resume work in the position sought. Failure to provide such certification may result in denial of reinstatement.
13.13Jury Duty and Witness Leave
13.13.1 All employees in the competitive service who are required to serve jury duty or as a witness in court shall be entitled to regular compensation for up to ten (10) working days of service with full pay. If an employee is required to serve more than ten working days, then the City Manager, at their sole discretion, may grant an extension of this paid leave period.
13.13.2 If summoned to jury duty or as a witness, employees should immediately notify their supervisor.
13.13.3 The Jury Duty Service form, as well as the compensation received for the court must be surrendered to City in order to receive a payroll check for the time period covering the days away on jury duty. The employee may retain any travel, parking and meal allowance granted by the court.
13.14Military Leave
13.14.1 Military leave with pay shall be granted in accordance with the provisions of the Military and Veteran’s Code of applicable State and Federal law. An employee entitled to military leave shall give the Chief of Police an opportunity within the limits of military regulation to determine when such leave shall be taken. Prior to taking such leave, an employee shall present a copy of their military orders to the Chief of Police. The Chief of Police shall advise the Human Resources Department of such military orders promptly.
The employee’s work schedule may be temporarily changed by the Chief of Menifee MMPEA
42 Police to accommodate the leave and department workloads. Benefits shall continue to accrue to the employee to the extent required by law.
13.15Bereavement Leave
13.15.1 A probationary or regular full-time employee shall be granted a leave without loss of pay in case of death of a member of the employee’s covered family. Up to three (3) days of paid bereavement leave shall be granted in the event the deceased resided in the State of California. If out of state travel is required, up to five (5) days paid bereavement leave shall be granted.
13.15.2 In accordance with California's bereavement leave law, if the total bereavement leave provided by this section is less than five (5) days, employees are entitled to take additional days to meet the minimum requirement of five (5) days set by the law. Any such additional days beyond those provided by above will be unpaid unless the employee chooses to use available accrued paid time off, such as vacation. Additional time off may be taken as sick leave, vacation time or other paid leave or as authorized leave without pay upon approval of the City Manager. The bereavement leave does not need to be taken consecutively but must be completed within three months of the family member’s death.
13.15.3 For purposes of this section, the term “covered family member” means a spouse, registered domestic partner, child, parent, sibling, grandparents; the aforementioned either natural, legally adopted, step or in- law, or any person over whom the employee acts as legal guardian, or a verifiable current member of the employee's immediate household.
13.16Leave of Absence Without Pay
13.16.1 At the sole discretion of the City, an employee may be granted a leave of absence without pay upon recommendation of the Chief of Police and approval of the City Manager. The city may fill the position with a temporary or provisional employee during the term of the leave of absence or undertake any other appropriate measures to address workloads needs.
Nothing herein shall require or preclude the City from offering unpaid leave as a reasonable accommodation under state and federal disability law.
13.16.1.1Authorization Procedure. Employees requesting a leave of absence without pay must submit the request in writing to their Chief of Police, and the request should state the reason for the request and the Menifee MMPEA
43 anticipated beginning and ending dates of the leave. The Chief of Police will submit the request along with his or her recommendation to the City Manager who will make a decision in writing and transmit the decision to the employee. The decision of the City Manager shall be final and is not subject to grievance or appeal. The City Manager’s determination will include consideration of the following factors:
13.16.1.1.1 Any history of excessive unauthorized absences or leave abuse;
13.16.1.1.2 Any detrimental effect on the operation of the department/division; and
13.16.1.1.3 The reason for the leave of absence. Examples of reasons that may be considered are:
13.16.1.1.3.1 Illness or disability;
13.16.1.1.3.2 To take a course of study that will increase the employee’s usefulness or effectiveness to the City;
13.16.2 Other approved personal reasons. Use of the leave of absence for a purpose other than that requested may be cause for forfeiture of reinstatement rights or disciplinary action, up to and including dismissal.
13.16.3 Length of Leave And Extension
13.16.3.1 Leaves of absence without pay must not exceed one year, provided that the City Manager may extend a leave of absence for an additional period not to exceed one year. Employees requesting a leave of absence extension must submit a request in accordance with the procedures of paragraph 1 of this Rule no later than fourteen (14) calendar days prior to the approved expiration of the original leave of absence.
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44 13.16.4 Return from Leave
13.16.4.1 When an employee intends to return from an authorized leave of absence without pay, either before or upon the expiration of such leave, the employee shall contact the Chief of Police at least fourteen (14) days prior to the planned day of return. The Chief of Police shall promptly notify the Human Resources Department of the employee’s intention. Failure of an employee to abide by this notification procedure or to report for work promptly at the date of leave expiration shall be grounds for discipline up to an including termination.
13.16.4.2 Employees returning from a leave of absence without pay because of illness or disability must first submit to Human Resources a release to work from their treating physician that satisfactorily certifies the employee can perform the essential functions of the position to which he or she desires to return, with or without accommodation. Further, the employee may be subject to an examination by a City-approved physician to ensure that the employee can perform the essential functions of the position with or without accommodation.
13.16.5 Adjustment to Accrual of Benefits. Sick leave, holiday, and vacation leave will not accrue during any unpaid leave absence.
13.16.6 Adjustment to Date of Performance Evaluation. Any unpaid leave of absence that exceeds five (5) consecutive calendar days will result in a proportionate adjustment to the employee’s performance evaluation date for all purposes, including, consideration of a merit salary increase.
13.17Administrative Leave. The City Manager, in their discretion, may place an employee on administrative leave with pay and benefits. During such leave, the employee remains subject to this MOU and all City Policies, including the Personnel Rules and Regulations. Employee must be available to work at all times.
Section 14. DISCIPLINARY ACTION
14.1Policy on Discipline. No employee who holds a regular appointment who has passed their one (1) year probationary period shall be disciplined without cause. Probationary employees are at-will and are subject to termination without cause. For purposes of this Article, disciplinary action shall be defined to include one or more of the following: oral warnings, written reprimands, suspensions, demotions, reductions in pay and discharge. Oral and written reprimands may be Menifee MMPEA
45 initiated at the supervisor/division manager level. Disciplinary action more serious than a written reprimand must be initiated at the Manager level or above.
14.2Notice of Proposed Discipline. Except in emergencies, or as authorized by law, suspensions, demotions, reductions in pay, or discharge, shall not be put in effect until the employee has received written notice advising the employee of the proposed action, the reason(s) therefore, the facts giving rise thereto, the proposed effective date, access to written material that formed a basis for the proposed action, and the opportunity to respond to the Chief of Police orally or in writing within five (5) working days, of receipt of such notice. If deemed necessary by the Chief of Police or Human Resources, an employee may be placed on administrative leave with pay pending investigation of allegations that may lead to discipline.
14.3Appeal of Disciplinary Action. If a disciplinary action consists of a suspension of eight (8) hours or more; a reduction in pay equal to an eight (8) hour or more suspension; demotion, or discharge, the employee may appeal the proposed disciplinary action prior to its implementation, in accordance with the Third Level of the Grievance Procedure in Section 15. Any such appeal must be filed within ten (10) working days of the notice of the disciplinary action. The cost of providing a hearing officer or arbitrator to hear disciplinary appeals and the cost of a court reporter shall be borne by the City.
14.4Causes for Discipline. Examples of causes for disciplinary action include, but are not limited to:
14.4.1 Dishonesty;
14.4.2 Incompetence;
14.4.3 Inefficiency;
14.4.4 Neglect of Duty;
14.4.5 Negligence which affects the safety of the employee or others;
14.4.6 Violation of any City policy, rule or requirement;
14.4.7 Unauthorized absences (including tardiness) or abuse of sick leave or any other leaves;
14.4.8 Violation of these Rules, or other rules, regulations or orders established by a supervisor, department, or City Council;
14.4.9 Conviction of a crime that interferes with employment;
14.4.10 Discourtesy to the public or fellow employees;
14.4.11 Misuse or abuse of City property or equipment;
14.4.12 Substandard job performance;
14.4.13 Insubordination;
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46 14.4.14 Any activities, including outside employment that create a conflict of interest with City employment and are not specifically authorized by the Chief of Police;
14.4.15 Falsification of any City report or record (including job application);
14.4.16 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;
14.4.17 Documented verbal and/or physical abuse/harassment of co- workers and/or the general public; and
14.4.18 Working overtime without authorization.
14.5Investigations. 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.
Section 15. GRIEVANCE PROCEDURE
15.1Early 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:
15.2Definitions
15.2.1 “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.
15.2.2 “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 this MOU or existing City Rule(s), Regulation(s) or Policy(ies) regarding hours, wages, and terms and conditions of employment.
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47 15.2.3 “Immediate Supervisor” – The appropriate supervisor or manager to whom the employee is accountable.
15.2.4 “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.
15.3Level One – Informal Review
15.3.1 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.
15.3.2 The employee, whenever possible, shall attempt to resolve the grievance informally with their supervisor.
15.3.3 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.
15.4Level Two - Formal Review
15.4.1 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:
15.4.1.1 The specific term(s) of this MOU or the City Rule(s), Regulation(s) or Policy(ies) regarding working conditions, which have been violated;
15.4.1.2 The action grieved, including names, dates, places and times and how it violated a specific term(s) of the City Rule(s), Regulation(s) or Policy(ies) regarding working conditions;
15.4.1.3 The remedy sought;
15.4.1.4 The name and classification of the grievant and their signature;
15.4.1.5 The name of the representative, if any;
15.4.1.6 The date of submission.
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48 15.4.2 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.
15.5Level Three
15.5.1 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.
15.5.2 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.
15.5.3 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.
15.5.4 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.
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49 15.6Level Four – Arbitration
15.6.1 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.
15.6.2 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.
15.6.3 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.
15.6.4 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.
15.6.5 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.
15.6.6 Expenses for witnesses shall be borne by the party who calls them, except where City employees testify.
15.6.7 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.
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50 15.6.8 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.
15.7General Provisions
15.7.1 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.
15.7.2 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.
15.7.3 No punitive action shall be assessed against an employee for utilizing the grievance procedure.
15.7.4 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.
15.7.4.1 The parties may consolidate at any level grievance on similar issues.
15.7.4.2 Grievance records shall be filed separately from an employee’s personnel file and shall be considered confidential.
15.7.4.3 A grievant may withdraw a grievance at any time. The grievant shall not file any subsequent grievance on the same alleged incident.
15.7.4.4 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.
15.7.4.5 No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.
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51 15.7.4.6 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.
15.7.4.7 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 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.
15.7.4.8 A group of employees may file one grievance rather than individual grievances, as long as the following conditions are met:
15.7.4.9 Each employee in the “group” grievance is individually named.
15.7.4.10 The grieve-able matter is exactly the same for each employee cited in the grievance.
15.7.4.11 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.
15.8Authority 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.
15.9No 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.
Section 16. REOPENERS, OTHER COMMITTMENTS,
RATIFICATION, AND IMPLEMENTATION
16.115.1 Reopeners and Other Commitments
16.1.1 The parties agree to meet in good faith to discuss possible changes to the disciplinary action language presented in Article 13 to provide for greater consistency between the Miscellaneous Police Employees Association, the Menifee Police Officers Association and the Menifee Police Menifee MMPEA
52 Management Association Memorandums of Understanding at the request of the Association.
16.1.2 The parties agree to meet in good faith to discuss possible changes to the grievance procedure language presented in Article 14 to provide for greater consistency between the Miscellaneous Police Employees Association, the Menifee Police Officers Association and the Menifee Police Management Association Memorandums of Understanding at the request of the Association.
16.1.3 The City agrees to develop a department policy regarding the timing/completion of performance evaluations.
16.1.4 No changes, other than those already agreed to above, will be implemented without the parties' mutual agreement.
16.2Ratification 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.
16.3 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 17 day of December, 2024.
[Signatures on following page]
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53 CITY OF MENIFEE MENIFEE MISCELLANEOUS POLICE
EMPLOYEES ASSOCIATION
By: By:
Armando G. Villa, City Manager Nicole Kemp, MPOA PEA Board Member By: By:
Joseph Larson, Deputy City Attorney Chonte Keene, MPOA PEA Representative By:
Laura Barnes, MPOA PEA Representative
By:
Megan Borunda, MPOA PEA Representative